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Election Law - Part III. Election - Part IV. - Coggle Diagram

- - - - D. Special Elections
        
        Congress (Sec. 7)
        
        President/VP -
        
        3rd day after the Vacancy Occurs → Congress shall convene and enact a law calling for a special election.
        
        Special Election - 45-60 days from the time of such call.
        
        Section 4. Postponement, Failure of Election and Special Elections. - The postponement, declaration of failure of election and the calling of special elections as provided in Sections 5, 6 and 7 of the Omnibus Election Code shall be decided by the Commission sitting en banc by a majority vote of its members. The causes for the declaration of a failure of election may occur before or after the casting of votes or on the day of the election.
        In case a permanent vacancy shall occur in the Senate or House of Representatives at least one (1) year before the expiration of the term, the Commission shall call and hold a special election to fill the vacancy not earlier than sixty (60) days nor longer than ninety (90) days after the occurrence of the vacancy. However, in case of such vacancy in the Senate, the special election shall be held simultaneously with the succeeding regular election.
        
        Result of Election - This "result of the election" contemplated in the law means the net result of the election in the rest of the precincts in a given constituency, such that if the margin of a leading candidate over that of his closest rival in the latter precincts is less than the total number of votes in the precinct where there was failure of election, then such failure would certainly affect "the result of the election;" hence, a special election must be held
        
        Date Requirements - In fixing the date for special elections, the COMELEC should see to it that:
        
        30 Days - should not be later than 30 days after the cessation of the cause of the postponement or suspension of the election or the failure to elect; and
        
        Reasonably Close - should be reasonably close to the date of the election not held, suspended or which resulted in the failure to elect
      - Grounds -
        
        violence,
        
        terrorism,
        
        loss or destruction of election paraphernalia or records,
        
        force majeure,
        
        If election in any polling place has not been held on the date fixed,
        
        or had been suspended before the hour fixed by law for the closing of the voting,
        
        or after the voting and during the preparation and the transmission of the election returns or in the custody or canvass thereof, such election results in a failure to elect,
        
        and in any of such cases the failure or suspension of election would affect the result of the election,
        
        COMELEC EN BANC Action - call for the holding or continuation of the election on a date reasonably close, but not later than thirty days after the cessation of the cause of such postponement or suspension of the election or failure to elect.
        
        Verified petition by any interested party and
        
        after due notice and hearing,
        
        Exclusive Jurisdiction - Only COMELEC En Banc may declare a failure of election.
    - - Action by COMELEC - Postpone election to a date reasonably close to the election not held, not later than 30 days after cessation of the cause of postponement.
        
        May motu proprio or, upon verified petiition
        
        After due notice and hearing to all interested parties
  - - - Armed Forces / Peace Officers -
        
        GR - Unlawful to enter any polling place
        
        XCPN -
        
        unless it is his polling place where he will vote but in such case he should immediately leave the polling place.
        
        no policeman or peace officer shall be allowed to enter or stay inside the polling place except when there is an actual disturbance of the peace and order therein
        
        Board of Election Inspectors - Via majority vote, in writing to detail peace officers for the protection of election documents/paraphernalia
        
        Barangay Officials
        
        GR - May not enter and stay inside any polling place
        
        XCPN -
        
        When voting
        
        Serving as a watcher
        
        Member of the board of election inspectors
      - Local Absentee Voting - limited to members of the Armed Forces of the Philippines and the Philippine National Police and other government officers and employees who are duly registered voters and who,
        
        on election day, may temporarily be assigned in connection with the performance of election duties to place where they are not registered voters
        
        Absentee Voting - May vote for:
        
        President
        
        VP
        
        Requisites for Suffrage - all citizens of the Philippines abroad who are not otherwise
        disqualified by law, at least 18 years of age on the day of the elections.
      - Overseas Absentee Voting - All citizens of the Philippines abroad, who are not otherwise disqualified by law, at least eighteen (18) years of age on the day of elections.
        
        Absentee Voting - May vote for:
        
        President
        
        VP
        
        Senators
        
        Party-List Reps
        
        National Referenda and Plebiscites
        
        Absentee Voting (Macalintal v. COMELEC) - Immigrants or permanent residents may vote, provided that they execute an affidavit declaring intent to resume permanent residence in the PH from (3) years of registration.
        
        This extends even to children of Immigrants.
        
        Temporary Absence - Not considered to have lost domicile, but still allowed to vote under overseas absentee system.
- - - - C. Election Contests - contest consists of either an election protest or a quo warranto which, although two distinct remedies, would have one objective in view, i.e., to dislodge the winning candidate from office
        
        D. Election Offenses
        
        COMELEC Authority to Investigate (IX-C, Sec. 2) - (6) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses, and malpractices.
        
        COMELEC has exclusive jurisdiction to investigate and prosecute cases involving violation of election laws
        
        Scope of Power to Prosecute - includes the rights - (1) to determine who to prosecute,
        
        (2) to decide whom not to prosecute, and
        
        (3) to determine under which laws prosecution will be pursued.
        ● COMELEC has the exclusive power to conduct preliminary investigation in cases involving election offenses
        
        Jurisdiction - PI/Prosecution COMELEC, but after regular courts.
        
        MTC - ONLY failure to register/vote
        
        RTC - All other criminal actions/proceedings for violation of the OEC
        
        Prescription -
        
        GR - 5 years from the date of the commission.
        
        XCPN Election Contest - If discovery is made in an election contest proceeding, prescription period commences on the date when judgment becomes final and executory
        
        Twin Aspects
        
        Criminal - Guilty of the accused candidate.
        
        Administrative - Deals with disqualification of the offender from office, and is administrative and summary in nature.
        
        Tramsfer/Detail (Causing vs COMELEC): Transfer and detail (to constitute as an election offense) must be construed in their legal and technical meaning:
        
        Transfer – any personnel movement from one government agency to another or from one department, division, geographical unit or subdivision of a government agency to another with or without the issuance of an appointment
        
        Detail (as defined in RAC) – movement of an employee from one agency to another without the issuance of an appointment
        
        Election Offenses -
        ACTS OF GOVERNMENT OR PUBLIC OFFICERS
        
        Appointment of new employees, creation of new positions, promotion, or giving salary increases within the election period [Sec. 261g, B.P. Blg. 881]
        
        Transfer of officers and employees in the civil service within the election period without the prior approval of the COMELEC [Sec. 261h, B.P. Blg. 881]
        
        Intervening of public officers and employees in the civil service in any partisan political activity [Sec. 261i, B.P. Blg. 881]
        
        Use of public funds for an election campaign [Sec. 261o, B.P. Blg. 881]
        
        Illegal release of prisoners before and after election [Sec. 261n, B.P. Blg. 881]
        
        Release, disbursement or expenditure of public funds during the prohibited period [Sec. 261v, B.P. Blg. 881]
        
        Construction of public works, etc. during the prohibited period [Sec. 261w, B.P. Blg. 881]
        
        Suspension of elective local officials during the
        Election period without prior approval of the COMELEC [Sec. 261x, B.P. Blg. 881]
        
        Pr-Proclamation Controversies - Any election controversies raised before proclamation.
        
        Jurisdiction -
        
        GR - COMELEC has jurisdiction over all pre-proclamation controversies involving local elective officials.
        
        XCPN - Not allowed under RA 7166, Sec, 15 for (President, VP, Senator, HREP) elections on matters relating to the preparation, transmission, receipt, custody and appreciation of election returns or the certificate of canvas
        
        Remedy - What is allowed is the correction of "manifest errors in the certificate of canvass or election returns.
        
        Exclusive Issues for Pre-Proc Controversies -
        
        Illegal composition - or proceeding of the board of canvassers;
        
        Defects/Incomplete - The canvassed election returns are incomplete, contain material defects, appear to be tampered with or falsified, or contain discrepancies in the same returns or in other authentic copies thereof as mentioned in Sections 233, 234, 235, and 23620 of the Omnibus Election Code;
        
        Duress - The election returns were prepared under duress, threats, coercion, or intimidation, or they are obviously manufactured or not authentic; and
        
        Fraud - When substitute or fraudulent returns in controverted polling places were canvassed, the results of which materially affected the standing of the aggrieved candidate or candidates.
        
        By Whom Instituted - Section 250 of the Omnibus Election Code only provides that a protest must be filed by a candidate who "has duly filed his certificate of candidacy and has been voted for the same office."
        
        Subject of the Petition - Only against a proclaimed candidate and which must be filed within the period prescribed.
      - Board of Canvassers -
        
        Provincial
        
        City
        
        Municipal
        
        Provincial - Composed of the
        
        Chairman - provincial election supervisor or a lawyer in the regional office of the Commission on Elections, as chairman,
        
        Vice-Chair - the provincial fiscal, as vice-chairman, and
        
        Member - the provincial superintendent of schools, as member.
        
        City - Composed of the
        
        Chairman - city election registrar or a lawyer of the Commission, as chairman,
        
        Vice-Chair - the city fiscal, as vice-chairman,
        
        Member and the city superintendent of schools, as member.
        
        More than One Elec Registrar - If city has more than one, Commission shall designate the election registrar who shall act as chairman
        
        Proclamation by the Board - On the basis of the certificates of canvass, the board shall proclaim as elected the candidates who obtained the highest number of votes cast in the province, city, municipality, or barangay.
        
        Nature of the Duty - MInisterial on the part of the canvassing board and enjoys a presumption of regularity.
        
        Recanvassing - The board may not recanvass the votes nor reverse and announce a different result.
        
        Remedy - Remedy for recounting is to file an election protest.
        
        Void Proclamation - If based on faulty tabulation, incomplete canvassing, etc., no proclamation at all.
        
        Effect - Thus, the proclaimed candidate's assumption of office cannot deprive the Commission of the power to declare such nullity and annul the proclamation.
        
        Suspension of Proclamation - If suspended on the basis of a petition for DQ against winning candidate, provisional in nature and may be lifted.
        
        1 more item...
        
        Municipal - Composed of
        
        Chair -the election registrar or a representative of the Commission, as chairman,
        
        Vice-Chair - the municipal treasurer, as vice-chairman,
        
        Members - and the most senior district school supervisor or in his absence a principal of the school district or the elementary school, as member.
    - - Composition - All must be public school teachers, with preference to those with permanent appointments. (If insufficient, civil service or citizens of known probity or competence who are registered voters there)
        
        Chairman and
        
        two members - one is designated as poll clerk.
      - Powers and Functions -
        
        (1) Conduct the voting and counting of votes in their
        respective polling places;
        
        (2) Act as deputies of the Commission on Elections in the
        supervision and control of the election in the polling
        places wherein they are assigned, to assure the holding
        of the same in a free, orderly and honest manner; and
        
        (3) Perform such other functions prescribed by the Code
        or by the rules and regulations promulgated by the
        Commission.
      - Manner of Counting -
        
        Immediate - As soon as the voting is finished, the board of election inspectors shall publicly count in the polling place the votes cast and
        ascertain the results.
        
        Continuous - Board shall not adjourn or postpone or
        delay the count until it has been fully completed, unless otherwise ordered by the Commission on Elections
        
        Public - COMELEC may order board to count the
        votes and to accomplish the election returns and other forms prescribed under the Code in any other place within a public building in the same municipality or city, on account of imminent danger of widespread violence, or similar cases of comparable magnitude
        
        Marked Ballots - If there are marked ballots as determined by inspectors, must be placed in a separate envelope and NOT counted.
        
        Majority vote of the board of election inspectors shall be sufficient to determine whether any ballot is marked or not.