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82 Cards in this Set
- Front
- Back
- 3rd side (hint)
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How do you define election?
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It is a means by which people choose their officials for a definite and fixed period and to whom they entrust for the time being the exercise of the powers of government. |
means, choose,officials, definite and fixed period, entrust, exercise of powers of government/governance |
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What is the basis for the phrase “people choose their officials”? |
It is based on the sovereign will or power of the people. |
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What does the phrase “definite and fixed period” mean? |
It refers to the term of office, which means a fixed period of time which the law describes that an officer may hold an office. It is the time during which an officer may claim to hold an office as a matter of right, and fixes the interval after which the several incumbents shall succeed one another. |
COMMENT: If you are elected, you are time bound. There is a contract that your term of office is until that period of time. claim to hold as a matter of right |
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How is election defined in its ordinary and common use? |
It is voting which includes the act of receiving and casting the ballots, counting them and making the return. |
process of election. recieving, casting, counting, return RCCR - Common. |
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How is election defined in the context of the Constitution? |
It refers to the conduct of polls including the registration, campaign, casting, counting, and canvassing of votes. |
COMMENT: Election is comprehensive more in depth than ordinary and common use. Cpol, Reg CamCast Countand Canvass |
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The Secretary of the Local Government nullified the election of federation officers on the ground of irregularity. It was argued that jurisdiction over election contests involving election of federation officers belongs to COMELEC. does the COMELEC have jurisdiction regarding the election contests considering that the federation officers are
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The jurisdiction of the COMELEC is limited to popular election only, which is the embodiment of the popular will, the expression of the sovereign power of the people.
It involves the choice or selection of candidates to public office by popular vote as opposed to election of federation officers. In Constitutional context, it is the conduct of polls. Including registration, campaign, casting, counting, and canvassing of votes. None of these characterizes the federation election. Taule v Santos |
Differentiate local governance federation election from popular election |
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Px challenged the proclamation of respondent by the COMELEC Division on the ground that it should be done by the en banc pursuant to the Constitution. Rx argued that at the time the complaint was filed, it was still in the nature of a pre-proclamation controversy hence may be resolved by a division in the exercise of its administrative power to enforce election laws relative to election, return and qualifications. Does it need to be reviewed EnBanc?
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Under the Constitution, the term “election” should be interpreted in it totality that it refers to the conduct of polls, registration of voters, campaign, and the casting and counting of votes. In making the COMELEC the sole judge of all contests involving the election, returns and qualifications of Members of Congress, the Constitution intended to give it full authority to hear and decide these cases from the beginning to end and on all related matters, including those arising before the proclamation of winners. Javier v COMELEC |
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What is the PURPOSE of Election |
The purpose of election in a democratic society is to give the voters a direct participation in the affairs of their government, either in determining who shall be their public officials or in deciding some question of public interest; and for that purpose all of the legal voters should be permitted, unhampered and unmolested, to cast their ballot.
Lino Luna v Rodriguez |
Democratic Society, direct participation who officials, permitted, unhampered and unmolested, casting of ballots. |
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A widow substituted her deceased husband as candidate for punong barangay and obtained the highest number of votes. But it was voided because substitution is not allowed in barangay elections, it being non-partisan. As such, there is no political party from which a substitute is designated. May the widow substitute her husband?
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The absence of the provision for substitution in barangay elections does not mean it is prohibited. Such interpretation ignores the purpose of election laws which is to give effect to, rather than frustrate, the will of the voters.
Rulloda v COMELEC |
COMMENTS:
The widow did not file a COC, but she merely wrote the COMELEC law department that she will replace her husband. So election…nidaog sya. So the losing party questioned it contending that she is not a legitimate party because she did not file a COC. |
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A candidate for governor was disqualified because he did not reacquire his Filipino citizenship at the time he filed his CoC and at the time of election. |
Citizenship need not be possessed at the time of filing of CoC or election, but must be at the start of the term.
In case of doubt, election laws are liberally construed and equitably construed in favor of sovereign will. In applying election laws, it would be far better to err in favor of popular sovereignty than to be right in complex but little understood legalisms. Frivaldo v COMELEC |
COMMENTS: This was the time of Marcos, and he was anti- Marcos. As he could no longer stand the dictatorship, he went to the US, renounced his Philippine citizenship. He became a US citizen. However, when Cory Aquino came to power, he came back, ran for governor once or twice, and won twice. On the third time, there was a disqualification case filed against him contending that at the time he filed his COC, he was not yet a Filipino Citizen, he did not reacquire his Philippine citizenship. At the start of term lang niya na reacquire iyang Philippine citizenship; and again, the SC liberalized. Caveat: Do not use this as precedent because today, comelec’s very strict. You will be disqualified when you lack the necessary qualifications at the time of the filing of the COC. It’s only here that when we construe election laws, the purpose is only to give life to the sovereign will or choice of the people. Technicalities aside. I AM SO INLoVE WITH THIS STATEMENT. So well written. That’s my one liner for this case. |
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The proclamation of a mayor was nullified by the lower court on the account that he won through significant badges of fraud like mismatch of keys to the padlocks, empty ballot boxes, boxes with election returns, delay in counting due to brownouts, absence of watchers during counting.
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These did not affect the integrity of the ballots.
Election contests involve public interest and technicalities should not impede the determination of the true will of the people. Carlos v Angeles |
Are the mismatch of keys to the padlocks, empty ballot boxes, delay in counting substancial badges to warrant such? True will of people v Technicalities |
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What are the kinds of election? |
Regular and Special
Regular election – refers to one provided by law on such dates at regular intervals for the election officers either nationwide or in certain subdivisions. Special election – refers to one held to fill vacancy before the expiration of the full term for which the incumbent was elected. - it is also held when there is failure of election |
Provided for by law on such dates. regular intervals, either n or cs. held to fill vacancy. R v S |
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Is the Sangguniang Kabataan election regular or special? |
Neither, based on the definition of a regular and special election. It is considered Irregular because it does not fall within the two types of election |
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A punong barangay was subject of a recall election that was scheduled within a year prior to the SK election, which also falls on the second year of the term of office of local elective officials.
Section 74 of the Local Government Code prohibits recall election within a year from assumption of office and within a year immediately preceding the next regular local election. Will there still be a recall election and does the COMELEC have jurisdiction? |
If the SK election was a regular election, there would be no more recall election because it always falls within the second year of term of office, the only time when a recall election is allowed. Thus, the next regular election must refer to one where the office of the official sought to be recalled is contested.
The SK election is not a regular election because its members do not even possess suffrage under the Constitution. The SK is nothing more than a youth organization. Its elected officer are not one of those enumerated as elective local officials under the law. The jurisdiction of the SK is with the DILG and not Comelec. It is a mere youth organization. Paras v Comelec |
In this case, the SK election was held on the 2nd year. And that 2nd year was supposedly the only time he can recall an elective official. The result is you can never recall an elective official. How did the supreme court ruled? If the SK election is a regular election, there will be no recall election because it always falls on the 2nd year of the term of office.
The SK officials is not one of those enumerated as public officials. In this case, Justice Davide said that the SK is nothing but a mere youth organization which jurisdiction falls under the DILG and not the COMELEC. |
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Two candidates for district representative were separated by a mere 175 votes. But no election as done in one polling place with 213 voters due to ballot snatching. But the leading candidate questioned the authority of the COMELEC to call for special election after almost two years. requisites for holding a special election.
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requisites for holding a special election:
One, there is a failure of election. Two, such failure affects the results of the election. Since only 175 votes separate them, the 213 votes in the polling place where election failed could still affect the results of the election. requisites of special election after failure of election in Lucero v COMELEC |
COMMENTS: The problem is nagdaog na. But the difference is only 175 votes. Is 2 years reasonably close to the election taking into consideration the delay was not attributable to the voters? Keyword: statistically probable. |
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Difference between precinct voting center and polling place |
Precinct – that is your territory. That is your address, your sitio, your barangay, your neighborhood. Voting Center – the school Polling place – the classroom where you actually vote |
Jimenez Precinct, SSJB Voting Center, Grade1Kamunggay polling place |
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Which elected official result tally is required to be manually counted? |
Baranggay. Even though we are automated nationwide, still the barangay elections remain manual. The reason is there is no need for transmission. Why? In barangay elections, including SK, the winners are proclaimed within the barangay only.
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SYSTEMS OF ELECTION. - Manual system of election.B.P 881 or the Omnibus Election Code - Automated Election System (AES)R.A 8436 as amended by R.A. 9369 - Manual count during automated election.R.A. 8436, Section 9R.A 9369, Section 11 |
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During the first automated election in ARMM the counting machines in the Province of Sulu could not accurately read the official ballots because the ovals opposite the names of candidates were misaligned. In 5 municipalities, the official ballots were rejected because of incorrect sequence codes. Thus, the COMELEC ordered a manual count which was opposed on the ground that under the automation law, automated counting is mandatory. It was questioned because for them the remedy is not manual count but replacement of defective counting machines.
Is manual counting allowed? |
Manual counting during automated election is not prohibited by law. The Constitutional grant of power to ‘enforce and administer all laws and regulations relative to the conduct of election’ is so broad as to cover all the necessary and incidental powers for it to achieve the objective of holding a free, orderly, honest, peaceful, and credible elections.
Loong v COMELEC manual count during automated election |
If you insist on automated counting, the result is inaccurate – does not reflect the true will of the people.
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does the COMELEC have procedural powers to enforce during the elections? |
Yes, The Constitution grants the power to administer and enforce election laws is so broad as to cover all the necessary procedural powers to achieve the objective of free and orderly elections. The COMELEC, being the administrative body, is authorized to do snap judgments during elections because the candidates do not follow “Emelie Pose”. Who is “Emelie Pose”? She is the writer of good manners and right conduct. |
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what is the CONSTITUTIONAL BASIS FOR ELECTION. |
Article II, Section 1, 1987 Constitution:
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In a plebiscite, the people in the Cordillera region rejected autonomy, except the Province of Ifugao. Thus, the COMELEC resolved that it now compose the Cordillera Autonomous Region. Is there a Cordillera Autonomous Region? |
A sole province cannot constitute an autonomous region which should be interpreted in its common use and ordinary meaning, which presupposes two or more provinces as shown in the 13 regions composed of contiguous provinces into which the country is divided for administrative purposes.
Ordillo v COMELEC |
COMMENTS: Q: Is there a cordillera autonomous region? A: None. There was a plebiscite but out of the provinces, only Ifugao voted to be part. The SC said the sole province cannot constitute an autonomous region. There should be at least 2 provinces to constitute a region. This is a statutory construction case. It would result to absurdity. We have regional and provincial officials governing same territory and constituency. |
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Article VII, Section 4(1), 1987 Constitution: |
6. - 12:00 6/30 - 12:00 6/30 - 6 PsnbefaRE
>suc 4 noqualpres |
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Why was Joseph Estrada allowed to run in 2010 after having been elected in 1998 if there is no reelection allowed?
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was not really decided since moot and academic.
The COMELEC said that the provision applies to incumbent presidents only. It is said the better policy approach is to let the people decide who the next president is. For on political questions, this court may err but the sovereign people will not. |
Court may err but Sovereign people will not |
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A vice mayor succeeded the mayor who died. He was elected mayor twice in a row. He ran again as a mayor but was opposed on the ground that he already served 3 consecutive terms as mayor.
Answer with the difference of effects of succession on term limit between the vice president and the vice mayor. |
service by succession in the presidency for more than four years may rightly be considered as service for a full term.
This is not so in the case of the vice mayor under the LGC, he is the presiding officer of the sanggunian and he appoints all officials and employees of such local assembly. He has distinct powers and functions, succession to mayorship in the event of vacancy therein being only one of them It cannot be said of him, as much as of the Vice President in the event of a vacancy in the Presidency, that in running for vice mayor, he also seeks the mayorship. His assumption of the mayorship in the event of vacancy is more a matter of chance than of design. Hence, his service in that office should not be counted in the application of any term limit. Succession of the vice president to the presidency for more than 4 years is counted as one term whereas succession of the vice mayor to the mayorship is not counted as one term for the purpose of determining term limit Borja vs Comelec |
succession as mayor and as president |
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How is the vice President elected, how long is his term of office and what are his qualification? |
Article VII, Section 3, 1987 constitution: There shall be a vice president who shall have the same qualifications and term of office and be elected with and in the same manner as the President. He may be removed from office in the same manner as the President |
How so? PET |
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What is the term limit for the Vice President? |
Article VII, Sec 4, 2nd par., 1987 Constitution:
No Vice president shall serve for more than two successive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of the service for the full term for which he was elected |
not more than 2 successive terms
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How is voluntary renunciation manifest? |
It is an act of surrender based on the free will or loss of title to office by free choice. It is an act of abandonment that emanates from the author. Aldovino vs Comelec |
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Respondent was elected councilor for three consecutive terms. During respondent’s third term Sandiganbayan preventively suspended him which was subsequently lifted. Petitioner sought to cancel respondent’s certificate of candidacy or to cancel it on the ground that he had been elected and had served for three terms; his candidacy for a fourth term therefore violated the three-term limit rule. COMELEC ruled that preventive suspension is an effective interruption because it renders the suspended public official unable to provide complete service for the full term; thus, such term should not be counted for the purpose of the three-term limit rule. ISSUES: Does preventive suspension interrupt the term of office? |
No. preventive suspension does not involve loss of title to office; hence, it cannot interrupt the term of office.
Aldovino vs Comelec |
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How do you illustrate the sentence “No person who has succeeded as president and has served as such for more than four years shall be qualified for election to the same office at any time?”
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Gloria Arroyo succeeded and served for 3 years and 6 months. Since she did not serve for more than 4 years, she was able to run and win the presidency in 2004
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Natural Born Filipino, defined
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Natural born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. |
Is this rule absolute? No because it may be done through election. Article IV, Section 2, 1987 Constitution: Those who elect Philippine citizenship in accordance with paragraph (3) , Section1 hereof shall be deemed natural born citizens Article IV Section 1 (3), 1987 Constitution: Those born before January 17 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority COMMENTS: Remember CARRL 1.Citizenship, 2.Age 3.Residency 4.Registration 5.Literacy |
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How do we define natural born Filipino? |
Also in the 1987 Constitution, it said there that, those born before Jan 17, 1973, who upon age of majority elects Philippine Citizenship are also considered natural born citizens. |
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FPJ ran for president but he was sought to be disqualified because he is not a natural born Filipino, his parents are both foreigners.
His father could not be Filipino because his grandfather was a Spanish subject Even if his father was a Filipino, he could not have transmitted his Filipino citizenship to his son FPJ because the latter is illegitimate. This is not really a question is it? |
The grandfather would have benefited from the en masse Filipinization that the Philippine Bill had effected in 1902. Having acquired Filipino citizenship, the grandfather extended it to his son, who is the father of FPJ. Article IV Section 1(3) of the 1935 Constitution:
The following are citizens of the Philippines: (3) Those whose fathers are citizens of the Philippines Since FPJ has first seen light under the 1935 Constitution which confers citizens regardless of whether such children are legitimate or illegitimate, he is a natural born Filipino because he did not need to perform any act to acquire or perfect his Filipino citizenship. |
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This is a disqualification case filed against Fernando Poe Jr. assailing that Poe made a material misrepresentation in his certificate of candidacy when he claimed to be a natural born Filipino citizen.
Since Fernando Poe's grandfather is already a Filipino Citizen, how do you define Natural Born Citizens? |
One-liner: Natural-born citizens include those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship.
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Here in this case, the SC acutally did not 100% fully believe everything that FPJ presented. But it said that it actually preponderates against the petitioner. Because lisud man gud na when you say you are not natural born. You are duty bound to prove a negative fact. As opposed to positive presentation of evidence. It’s so hard to say he’s not president as opposed to saying I am president. Remember the Grandfather of FPJ was considered a Spanish subject Filipinized. Is it your fault that your father is a Foreigner? It’s not your fault why imong inahan na minyo ug foreigner. That’s why the Constitution did not place them in the same category ??? (them = those born of Filipino mothers, who elect Philippine citizenship etc) |
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Imelda for district representative wrote in her CoC seven mnths as her period of residence in the constituency where she seeks to be elected preceding the electionShe was sought to be disqualified for failure to comply with the one year residency requirement because she briefly stayed in the constituency and resided and even voted in different places for four decades |
· It is the fact of residence, not a statement in the Certificate of Candidacy, that is decisive whether an individual satisfies the residency requirement. · Domicile means the individual's permanent home, a place to which whenever absent for business or pleasure, one intends to return.· An individual does not lose his domicile even if he has maintained several residences for different purposes over a long period of time. · If none of these purposes point unequivocally to an intention to abandon her domicile of origin, she retains it. Twin elements: 1. the fact of residing or physical presence in a fixed place 2. animus manendi, or the intention of returning there permanently |
Residence, defined How is residence treated under election laws? |
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Px ran as Representative in Sarangani, with 1 yr and 2 months as residency in his COC. Comelec disqualified him as his Voter’s Registration Record negate such because he registered in his previous barangay. Px won, but his proclamation was put on hold.
Issue: WON Px satisfied the residency requirement. |
No. The principal elements of domicile, physical presence in the locality involved and intention to adopt it as a domicile, must concur in order to establish a new domicile. PX lacked the intention to abandon his residence in QC as he registered there as a voter (then just had it cancelled by a MeTC to effect transfer to Sarangani). While voting is not conclusive of residence, it does give rise to a strong presumption of residence especially in this case where Px registered in his former barangay. Exercising the right of election franchise is a deliberate public assertion of the fact of residence, and is said to have decided preponderance in a doubtful case upon the place the elector claims as, or believes to be, his residence. he fell short of the period because of his delay in showing intention of abandoning previous domicile. Domino v Comelec |
Remember the twin elements of domicile.
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There was a petition to cancel D's CoC because he is neither a resident nor a registered voter of the province of Sarangani. That, Domino is a not a resident much less a registered voter of the province of Sarangani substantiated by his registration in the precinct of balara Quezon City and the Certificate of Candidacy filed in the same city on 1995. That, he does not comply with the one year residence requirement
ISSUE: WON Domino was a resident of the Province of Sarangani for atleast one year immediately preceding the May 11, 1998 election |
To successfully effect a change of domicile, one must demonstrate: 1. An actual removal or an actual change of domicile;2. A bona fide intention of abandoning the former place of residence and establishing a new one; 3. Acts which correspond with the purpose.Only with evidence showing concurrence of all three requirements can the presumption of continuity or residence be rebutted, for a change of residence requires an actual and deliberate abandonment, and one cannot have two legal residences at the same time. Here, the evidence adduced plainly lacks the degree of persuasiveness required to convince the court that an abandonment of domicile of origin in favor of a domicile of choice indeed occurred. To effect an abandonment requires the voluntary act of relinquishing petitioner's former domicile with an intent to supplant the former domicile with one of her own choosing (domicilium voluntarium).
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What are the 3 kinds of Domicile as enunciated in the case of Marcos v Comelec?
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1. Domicile of origin - we cannot say that the domicile of origin is necessarily your place of birth, because as young as 8 years old you do not have any discretion as to where you want to go. Thus, domicile of origin may be the place where you were born, or where you were raised.
2. Domicile by operation of law. When Imelda married Ferdinand, did she change her domicile by operation of law? Because in this case it was established, that she had the intention to go back. But, marriage operates to change by operation of law, your domicile, provided if you comply with the requisites. IN this case, the SC said there is no evidence to show that Imelda abandoned her domicile. The SC said, you cannot compel the wife to still cling on to the domicile of her dead husband. 3. Domicile of choice· So remember, residence is synonymous with domicile. So if residence is defined as, physical presence in a locality, that would be sufficient. But since we say that it is synonymous with domicile, your physical presence in the locality is not required, as long as you intend to return to that domicile, provided that is your domicile of origin |
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Immediately after being the governor of Misamis Oriental for the third term, Emano ran as Mayor of CDO, saying in his COC his residency thereat for 2 yrs and 5 months. Emano asserted under oath that he was qualified to act as governor until end of his term and admitted in sworn statements that he was a resident of Misamis Oriental.
Petitioners: Residence is a continuing qualification that an elective official must possess throughout his term. Thus, private respondent could not have changed his residence to CDO while he was still governor of Misamis Oriental. Emano: I actually and physically reside in CDO while being Governor, since the seat of provl govt is in CDO. There is no law preventing an elective official from transferring residence while in office. Issue: WON Emano acquired a bona fide domicile of choice for at least 1 yr to qualify him to run as Mayor of CDO. |
Held: Yes. The Constitution or the law intends to prevent the possibility of a stranger or newcomer unacquainted with the conditions and needs of a community and not identified with the latter from seeking an elective office to serve that community. Such provision is aimed at excluding outsiders from taking advantage of favorable circumstances existing in that community for electoral gain. Emano could not be said to be a stranger or newcomer. Residence requirement, rationale Torayno vs Comelec |
One-liner: The Constitution and the law requires residence as a qualification for seeking and holding elective public office, in order to give candidates the opportunity to be familiar with the needs, difficulties, aspirations, potentials for growth and all matters vital to the welfare of their constituencies; likewise, it enables the electorate to evaluate the seekers' qualifications and fitness for the job they aspire for. COMMENTS:Because CDO, is a highly-urbanized city, you cannot be part of a province. IOW, people in highly-urbanized cities cannot vote for provincial officials. Mandaue city, is highly urbanized, but it remains part of the province of Cebu, the reason there is prior to the LGC? Ask Atty. Largo.There are 2 viewpoints here.1.The viewpoint of the candidates: you should know the problems in the locality of where you are running.2.The viewpoint of the voter: is to know the qualifications, credentials, personality, character and everything about the candidate. You cannot know these things if the candidate is not residing in the locality. |
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Maquera seeks to annul, RA 4421 which requires a candidate to post a surety bond equivalent to one-year salary of the position to which he is a candidate.
ISSUE: WON RA 4421 is constitutional |
NO. Property qualifications are inconsistent with the nature and essence of the Republican system ordained in our Constitution and the principle of social justice underlying the same, and the same is imposing a property qualification which is prohibited by the Consti |
Constitutional prohibition
COMMENTS:SC the posting of a cash bond is not one of those contemplated in the Constitution. Why what are the qualifications to be President? CARRL. The SC said that the enumeration of the requirements for Presidency are exclusive. You cannot change by mere legislation. IT needs amendment by the constitution. If it is required for you to post a cash bond, and you fail, it is called a property disqualification. Along that line, there is a proposal, that only those taxpayers should be allowed to vote? Does not make sense, forgetting that everybody pays taxes everyday. Kanang VAT. Even the poorest of the poor. |
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May the COMELEC division promulgate rules during elections? |
Yes, the Constitution provides that
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Presidential and VP tie, how broken |
Art VII, Sec 4, 1987 Constitution x x x The person having the highest number of votes shall be proclaimed elected, but in case two or more shall have an equal and highest number of votes, one of them shall forthwith be chosen by the vote of a majority of all the Members of both Houses of the Congress, voting separately.
The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election, returns, and qualifications of the President or Vice-President, and may promulgate its rules for the purpose. |
All contests, including pre proclamation |
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A candidate for Brgy Chairman died before the election day. His widow wrote the Comelec to substitute him. She won but the Comelec disregarded the same as there is no substitution of candidates for brgy and SK officials. Instead, respondent Placido was proclaimed winner.
Placido: Brgy election is non-partisan, substitution of candidates is not allowed. Petitioner did not file any COC, hence I was the only candidate for Brgy Chairman. Issue: Can the widow be proclaimed as the duly elected Brgy Chairman? How is a winner defined? |
As it was she who obtained the plurality of votes in the contested election she is the winner of the popular election. Technicalities and procedural niceties in election cases should not be made to stand in the way of the true will of the electorate. Absence of any provision governing substitution of candidates in brgy elections cannot be inferred as a prohibition against it. As doing so would ignore the purpose of election laws which is to give effect to, rather than frustrate, the will of the voters. In case of doubt, political laws must be so construed as to give life and spirit to the popular mandate freely expressed through the ballot. In all republican forms of government the basic idea is that no one can be declared elected and no measure can be declared carried unless he or it receives a majority or plurality of the legal votes cast in the election. Further, the letter-request was treated by Comelec as a COC.
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One-liner: The winner is the candidate who has obtained a majority or plurality of valid votes cast in the election. |
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Estrada claims he did not resign as President, but merely was on leave on the ground that he is unable to govern temporarily. Despite receipt of letter, the House of Reps and Senate passed Resolutions expressing support to Arroyo as the new President.
Issue: WON SC has jurisdiction to review the claim of temporary inability of Estrada and thereafter revise the decision of both Houses of Congress recognizing Arroyo as the new President. May the SC review the decision of the Congress? |
SC does not have jurisdiction. It is Congress that has the ultimate authority to determine such, and the determination of Congress is a political judgment which the SC cannot review. Estrada’s claim had been put to rest by Congress by the latter declaring Arroyo as the de jure President. Such decision made by the Congress, a co-equal branch of government, cannot be reviewed by SC.
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Permanent Disability of the President |
Art VII, Sec 11, 1987 Constitution
Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice-President as Acting President. Whenever a majority of all the Members of the Cabinet transmit to the President of the Senate and to the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice-President shall immediately assume the powers and duties of the office as Acting President. Thereafter, when the President transmits to the President of the Senate and to the Speaker of the House of Representatives his written declaration that no inability exists, he shall reassume the powers and duties of his office. Meanwhile, should a majority of all the Members of the Cabinet transmit within five days to the President of the Senate and to the Speaker of the House of Representatives, their written declaration that the President is unable to discharge the powers and duties of his office, the Congress shall decide the issue. For that purpose, the Congress shall convene, if it is not in session, within forty-eight hours, in accordance with its rules and without need of call. If the Congress, within ten days after receipt of the last written declaration, or, if not in session, within twelve days after it is required to assemble, determines by a two-thirds vote of both Houses, voting separately, that the President is unable to discharge the powers and duties of his office, the Vice-President shall act as President; otherwise, the President shall continue exercising the powers and duties of his office. |
written declaration, until contrary (temporary) majority of all members of the Cabinet gang transmit to head of both houses until contrary until contrary of 5 cabinet gang |
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Estrada vs Desierto
After assumption into office, Pres. Arroyo nominated Sen. Guingona as her Vice President. Both the Senate and House of Reps separately resolved to confirm such nomination. Thereafter, Guingona took his oath as Vice President. Issue: WON Guingona’s assumption to Vice Presidency was proper. |
Held: Yes.
Upon nomination for VP of the President from among the Congress members, both Houses of Congress shall confirm such by voting separately. |
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Estrada claims he did not resign as President, but merely was on leave on the ground that he is unable to govern temporarily. He wrote a letter (see above) about it. Further, Estrada relies on RA No. 3019 (AGACPA) prohibiting his resignation from office. The circumstances surrounding the case were based on an “Angara Diary”.
Estrada: (to Angara) Ayoko na, masyado nang masakit x x x Negotiations involving Estrada’s resignation and Arroyo’s assumption took place. Issue: WON Estrada has resigned. |
Held: Yes. Elements of resignation are
(1) there must be an intent to resign and (2) the intent must be coupled by acts of relinquishment. It is not governed by any formal requirement – it can be oral, written, express or implied. As regards the letter re: inability to govern, if it was prepared before the press release of the petitioner clearly showing his resignation from the presidency, then the resignation must prevail as a later act. If, however, it was prepared after the press release, still, it commands scant legal significance. Petitioner's resignation from the presidency cannot be the subject of a changing caprice nor of a whimsical will especially if the resignation is the result of his repudiation by the people. |
One-liner: Estrada’s acts and omissions before, during and after Arroyo’s oathtaking, or taking into account the totality of prior, contemporaneous and posterior facts and circumstantial evidence bearing a material relevance on the issue, implied his resignation from presidency. intent, acts of Rel, |
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Vacancy in the Office of the Vice-President, how filled |
Art VII, Sec 9, 1987 Constitution Whenever there is a vacancy in the Office of the Vice-President during the term for which he was elected, the President shall nominate a Vice-President from among the Members of the Senate and the House of Representatives who shall assume office upon confirmation by a majority vote of all the Members of both Houses of the Congress, voting separately. |
COMMENTS: What if there’s a vacancy in the office of the vice president. How do you fill it up? The president will nominate a vice president from the senate And from the house of the rep And after the nominations, what happens next? Congress will confirm the nomination separately What if the lower house confirms and the upper house doesn’t confirm? Is there a constitutional basis there? Is the constitution silent? Yes. The constitution is silent. So, if you were the president and the constitution is silent. What will you do if your nominee is unacceptable to both houses? Nominate another. |
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Vacancy in both the Presidency and Vice-Presidency, how filled |
Art VII, Sec 10, 1987 Constitution The Congress shall, at ten o'clock in the morning of the third day after the vacancy in the offices of the President and Vice-President occurs, convene in accordance with its rules without need of a call and within seven days, enact a law calling for a special election to elect a President and a Vice-President to be held not earlier than forty-five days nor later than sixty days from the time of such call. The bill calling such special election shall be deemed certified under paragraph 2, Section 26, Article V1 of this Constitution and shall become law upon its approval on third reading by the Congress. Appropriations for the special election shall be charged against any current appropriations and shall be exempt from the requirements of paragraph 4, Section 25, Article V1 of this Constitution. The convening of the Congress cannot be suspended nor the special election postponed. No special election shall be called if the vacancy occurs within eighteen months before the date of the next presidential election.
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10:00 - 3rdD, convene without a need of a call, 7D enact a law for Special Election. After 3rd reading, the bill becomes a law(duhh), convening cannot be postponed or election suspended. but nono if 18mos b4 presidential election |
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So, to fill out the vacancy in the office of the vice, what are the 3 steps? |
Nomination by the president Confirmation by the congress Oath-taking |
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After Arroyo’s succession to Presidency and Sen. Guingona’s confirmation as the new VP, a seat in Senate was left vacant. Senate resolved to call on Comelec to fill such vacancy through a special election to be held simultaneously with the upcoming regular election, such that the Senatorial candidate with the 13th highest number of votes shall fill the vacancy. The Comelec did so.
Issue: WON a special election to fill a vacant 3-yr term Senate seat was validly held without need of notice. |
Held: Yes. The calling of an election, that is, the giving notice of the time and place of its occurrence, whether made by the legislature directly or by the body with the duty to give such call, is indispensable to the election's validity. In a special election to fill a vacancy, a statute that expressly provides that an election to fill a vacancy shall be held at the next general elections fixes the date at which the special election is to be held and operates as the call for that election. And besides, there was no proof that Comelec’s failure misled voters (test to determine the validity of a special election re: failure to give notice). COMELEC, having adopted the Senate’s proposal, has a wide latitude of discretion in adopting means to carry out its mandate of ensuring free, orderly, and honest elections so long as these means are not illegal or do not constitute grave abuse of discretion. We should respect the electorate's will and let the results of the election stand, despite irregularities that may have attended the conduct of the elections.
Tolentino vs Comelec |
Election Issue (in-depth notes) In case a vacancy arises in Congress at least one year before the expiration of the term, Section 2 of R.A. No. 6645, as amended, requires COMELEC: (1) to call a special election by fixing the date of the special election, which shall not be earlier than sixty (60) days nor later than ninety (90) after the occurrence of the vacancy but in case of a vacancy in the Senate, the special election shall be held simultaneously with the next succeeding regular election; and (2) to give notice to the voters of, among other things, the office or offices; to be voted for. |
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COMMENTS:If president dies who becomes president? Vice-presidentWhat if president and v-president both die at the same time? What will congress do for the meantime? What if all 4 dies? Pres, V-Pres, Senate President, and Speaker of the HOR? All went aboard Air-Force 1 and it exploded in the air. Their charred bodies were found beyond recognition, shredded to pieces. |
Senate President, if not then the Speaker of the House of Representatives, as Acting PresidentCongress will legislate. But still no legislation for that till today because it is a remote possibility that the same situation will happenSpecial Elections will be held but Congress must first legislate. |
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What do you think is the reason why after we elected 24 senatorsin 1993, there were now 12 senators elected every 3 years? |
Based on the constitution, you alternate. First 12 are for 6 years and the 2nd is for 3 years. In other words you replenish. It’s called staggered. |
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Law and Comelec resolution requiring mandatory drug testing of candidates for public office, etc were questioned as unconstitutional. Issue: Can Congress or COMELEC expand the qualification requirements of candidates for senator under the Constitution? |
No. A law or an administrative rule violating any norm of the Constitution is null and void and has no effect.
Pimentel vs Comelec One-liner: The right of a citizen in the democratic process of election should not be defeated by unwarranted impositions of a requirement not otherwise specified in the Constitution. |
Only Constitution gives qualifications. |
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Top 12 serve for 6 years, bottom 12 for 3 years. At midterm after 3 years the bottom 12 disappears and the top 12 stays for another 3 years. But bottom 12 that disappeared is replenished by a new batch. So this new batch of senators find companion in the senate. In this case what do you think is the reason now? |
Continuity. In other words, the older 12 will bring experience in the senate and the new batch will bring freshness, new ideas. Mixture of experience and freshness. |
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Facts: Comelec resolution “proclaiming 38 additional party-list representatives to complete the full complement of 52 seats in the House of Reps as provided in the Constitution”. Issue: Should the twenty percent allocation for party-list solons be filled up completely and all the time? |
No, it is just a mere ceiling. COMELEC gravely abused its discretion in granting 38 seats (on top of the 14 reps already proclaimed, to total 52 as provided in the Constitution) which violated the two percent threshold and proportional representation requirements of RA 7941
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One-liner: Having determined that the twenty percent seat allocation is merely a ceiling, and having upheld the constitutionality of the two percent vote threshold and the three-seat limit imposed under RA 7941, to determine how many party list seats the qualified parties are entitled to rank all of the parties and allocate basing on the votes garnered by the party in first rank. |
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What is the Philippine setting formula for determining party-list representatives?
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a. Rank all the participating parties, organizations and coalitions from the highest to the lowest based on the number of votes they each received, then compute the ratio by dividing its votes by the total votes cast for all the parties participating in the system. All parties with at least 2% are guaranteed 1 seat. Only these parties shall be considered in the computation of additional seats. b. Determine the number of seats the first party is entitled to (first party votes divided by total valid votes cast for all the party list groups). The other qualified parties will always be allotted less additional seats than the first party for two reasons: (1) the ratio between said parties and the first party will always be less than 1:1, (2) the formula does not admit of mathematical rounding off, because there is no such thing as a fraction of a seat. c. To solve for the number of additional seats that the other qualified parties are entitled to, based on proportional representation:
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Rank, 2% guarantee, determine the number of seats for first party, additional seats of other "qualified" proportional representation |
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Since the term of office is 6 years. But the election is held every 3 years. Do you need to rest for 6 years or 3 years only before you can run again? |
a gap of one day will already qualify one for another term. Law does not distinguish between 3 or 6 years. There was a case against Drilon because he only rested for 3 years. A disqualification case was filed alleging that he should rest for 6 years because that is exactly the length of his office. COMELEC dismissed the case because there is NO legal basis. So one can rest for 3 or 6 years for as long as there is a gap after the 2 successive terms.
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Which body calls for a special election? |
The congress. |
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They have to certify first that there’s a vacancy and inform the COMELEC of such vacancy. And once the COMELEC is informed that there’s a vacancy,…of course COMELEC knows that there’s a vacancy. But they need a certification from Congress that there’s really a vacancy. And once the COMELEC knows that there’s vacancy what does Congress do? |
They will call for a special election once they receive a certification from congress. |
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How did the SC justify term limit when it said you can no longer run for city mayor because anyway you are going to govern the same territory and the same constituents?
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-Not to develop proprietary rights
– that is in Latasa vs Comelec that if we allow politicians to serve more than three terms, chances are they will tend to develop a sense of interest over the public office -Prevent monopolization of power -Enhance freedom of choice of the people · |
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Senator, qualifications |
Art VI, Sec 3, 1987 Constitution No person shall be a Senator unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least thirty-five years of age, able to read and write, a registered voter , and a resident of the Philippines for not less than two years immediately preceding the day of the election. |
COMMENTS: Registered voter anywhere in the country; elected at large unlike District Representatives (only in their respective districts) In the case of Aquino Sr, his age was short of few days at the day of election, still short of few days at the day of proclamation, however at the time he assumed office he was already of age, so he was accommodated by a split decision of SET at that time. Today, under the 1987 Constitution, he should be of age at the DAY OF ELECTION, not on the day of proclamation, not on the day of assumption of office. Maybe under age in filing COC but must be of age on the day of election |
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Members of the House of Representatives, number, how elected, term of office and term limit |
Art VI, Sec 5, 1987 Constitution 1. The House of Representatives shall be composed of not more than two hundred and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations. 2. The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party list. For three consecutive terms after the ratification of this Constitution, one-half of the seats allocated to party-list representatives shall be filled, as provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the religious sector. 3. xxx 4. Within three years following the return of every census, the Congress shall make a reapportionment of legislative districts based on the standards provided in this section. Art VI, Sec 7, 1987 Constitution The Members of the House of Representatives shall be elected for a term of three years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No Member of the House of Representatives shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. |
COMMENTS: How many are members of the House of Representatives? 250 Is that the maximum? Why or why not? It is the maximum as provided, but it can be adjusted later. What is the basis for Congress to adjust? Aside from the constitution, the growing population. As the number of inhabitants increments, meaning as it gets larger, then chances are, we are going to add more districts. Especially if it is a city and it now has 250, 000 inhabitants, it can be made as a sole district. When we say inhabitants, do we mean representatives? No, it is only the population. That is the reason why if you legislate a district, you don’t need to get a certificate from COMELEC of the number of registered voters to support that but a certification from the Census or the National statistics office that you have reached 250, 000 inhabitants So, out of this 250 members of the house of representatives, how many are the party-list members? -Party-list members shall constitute 20% of the total number of the house of representatives. The 20% allocation is based on the combined number of the district representative and the party-list representatives. |
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Comelec resolution “proclaiming 38 additional party-list representatives to complete the full complement of 52 seats in the House of Reps as provided in the Constitution”.
Issue: Should the twenty percent allocation for party-list solons be filled up completely and all the time? |
Held: No, it is just a mere ceiling. COMELEC gravely abused its discretion in granting 38 seats (on top of the 14 reps already proclaimed, to total 52 as provided in the Constitution) which violated the two percent threshold and proportional representation requirements of RA 7941.The Supreme Court held that Section 5 (2), Art. VI of the Constitution stating that "the party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party-list" is not mandatory; that this percentage is a ceiling the mechanics by which it is to be filled up has been left to Congress; that in the exercise of its prerogative, Congress enacted RA 7941 by which it prescribed that a party, organization or coalition participating in the party-list election must obtain at least two percent of the total votes cast for the system to qualify for a seat in the House of Representatives but that no winning party, organization or coalition can have more than three seats therein; that Congress has the prerogative to determine whether to adjust or change this percentage requirement; and that the two percent threshold is consistent with the intent of the framers of the law and with the essence of "representation” (ie, organizations and coalitions having a sufficient number of constituents deserving of representation are actually represented in Congress). |
One-liner: Having determined that the twenty percent seat allocation is merely a ceiling, and having upheld the constitutionality of the two percent vote threshold and the three-seat limit imposed under RA 7941, to determine how many party list seats the qualified parties are entitled to rank all of the parties and allocate basing on the votes garnered by the party in first rank. |
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Election (in-depth notes)
To determine the winners in a Philippine-style party-list election, the Constitution and RA No. 7941 mandate at least four inviolable parameters. What are these? |
1. Twenty percent allocation — the combined number of all party-list congressmen shall not exceed twenty percent of the total membership of the House of Representatives, including those elected under the party list. 2. Two percent threshold — only those parties garnering a minimum of two percent of the total valid votes cast for the party-list system are "qualified" to have a seat in the House of Representatives; 3. Three-seat limit — each qualified party, regardless of the number of votes it actually obtained, is entitled to a maximum of three seats; that is, one "qualifying" and two additional seats. 4. Proportional representation — the additional seats which a qualified party is entitled to shall be computed "in proportion to their total number of votes." |
Sec 11, RA 7941: In determining the allocation of seats for the second vote, the following procedure shall be observed: (a) The parties, organizations, and coalitions shall be ranked from the highest to the lowest based on the number of votes they garnered during the elections. (b) The parties, organizations, and coalitions receiving at least two percent (2%) of the total votes cast for the party-list system shall be entitled to one seat each; Provided, that those garnering more than two percent (2%) of the votes shall be entitled to additional seats in proportion to their total number of votes; Provided, finally, That each party, organization, or coalition shall be entitled to not more than three (3) seats. |
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Banat v Comelec Is the 2% threshold Constitutional? |
The 2% threshold is constitutional in so far as the first seat allocation is concerned; but it is unconstitutional as it allocates additional seats. Is the 20% allocation mandatory? It seems mandatory because we need to maximize or exhaust the 20% allocation because the purpose there is to ensure the widest or the broadest participation of those groups that cannot win the election because they are underrepresented or marginalized. Does it not make sense to you when we said that we cannot allow party list groups with insufficient number of members? Because it will destabilize the party-list system as well as Congress. Based on the trend, we allow party-list with less than 2% threshold but not to as low as 1000-2000 votes. As a matter of facts, if you don’t win 2 successive elections, you will be delisted from the party-list system because you failed to prove that you are winnable with sufficient number of votes. |
how is Banat Different from veterans? |
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What did the SC say if it will nullify a senator that garnered the minimum required plurality of votes?.What if it was a special election for district representatives and there was no notification? Would the SC still justify the COMELEC?
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We cannot just nullify 10 million votes. If we are to nullify those votes, they will be DISENFRANCHISED of suffrage (term if one cannot register, cannot vote or vote is nullified.) No because the COMELEC now must notify. |
Note: Special Elections for District Representatives, COMELEC must notify. For senators, COMELEC was justified in not notifying public in the case of Tolentino because it provided for in the law, however SC said that COMELEC must also notify public next time. |
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Why do we have the 3 term limit?
Borja vs COMELEC What is the justification of the Supreme Court in this case why there is a 3-limit rule? |
Legal Justification: Constitution and LGC Practical Justification: Because the argument there is that if we are a democratic country, why are we limiting the choices of the people? |
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What is the purpose of the three term limit? |
-Not to develop proprietary rights – that is in Latasa vs Comelec that if we allow politicians to serve more than three terms, chances are they will tend to develop a sense of interest over the public office -Prevent monopolization of power -Enhance freedom of choice of the people |
Democracy only works when we have an intelligent electorate. Unfortunately, they cannot discern what is abuse from what is proper; hence, there are certain safeguards provided under the constitution, and one is the three term limit. For as long as our electorate, again this is not an absolute statement, sees election not as a political activity but as an economic opportunity, we will never be able to choose (??) |
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who's that pokemon
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relax sah |
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Now, from Borja to Latasa what are the justifications why there is a term limit? |
In Borja there are two justifications: 1.to prevent monopoly of political power 2.to enhance the freedom of choice of the people In Latasa: 1. to prevent an official form developing proprietary interest in the public office |
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SUCCESSION, EFFECT ON TERM CONTINUITY does it count as one term? mayorality |
if you succeed, it does not count as one term. As a vice-mayor, he succeeded as mayor. As a mayor, does it count as one term? No, because he merely succeeded. Now as a vice mayor since he vacated that by virtue of succession, does the vice-mayor count as one term? No again. The effect here is you interrupt both terms, as vice mayor it is interrupted and as mayor it is interrupted. In other words, if you succeed it is favorable to both positions. As mayor it does not count as one term and as a vice mayor it does not count as one term because it is effectively interrupted by succession and succession is not your choice. It is under the law. |
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Montebon v COMELEC , What are the requisites for disqualification? |
1.the official concerned has been elected for three consecutive terms in the same local government post 2. that he has fully served three consecutive terms 3.obtain the position by way of election |
election v Succession
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PREVENTIVE SUSPENSION, EFFECT ON TERM CONTINUITY |
In other words, the SC said there is no loss of title into the office and your suspension does not interrupt the term. |
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What is the best evidence that you did not lose title? |
There was no permanent replacement because it is going to be a temporary replacement. |
E.g. if you are going to be a mayor the vice mayor acts as the mayor during the time that you are suspended. Now, The SC actually said that if you are suspended preventively it gives rise to a presumption. |
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What is that presumption in so far as the term limit is concerned? |
In this point, the SC is strict when it said that preventive suspension does not interrupt the term. The SC said that it gives to the presumption that you fabricated the accusations against you so that your term will be interrupted so that this term will not count. |
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What if you are mayor and you discovered that you have stage four cancer. You went to the US for treatment for a period of 6 months. Does that interrupt the term considering that sickness is not your choice? |
Prolonged sickness belongs to the same category as preventive suspension, it does not interrupt the term because again there is no loss of title and the best evidence is there is no permanent replacement and that presumption that you fabricate the accusations for you to be suspended is somehow unfair but the remedy there is do not do something bad so that you will not be preventively suspended. We are talking here of the accountability of public officials. The standard of public officials is too high that you might think that we are perfect in the government because it says that public officials shall be at all ties accountable to people. In other words, you cannot say I’m doing this as a private person. Anything you do inside and outside the workplace is still subject to scrutiny and discipline because still you are a public officer. There is also an argument which says, actually the only exception is voluntary renunciation that does not interrupt the term of office. So if preventive suspension is not voluntary renunciation why are you saying now that preventive suspension does not interrupt the term of office. The SC said that voluntary renunciation is not the only exception there because if you read the Constitution, voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of the service. The lawyer there argued that look at the provision seemingly it seems that the only exception is voluntary renunciation but preventive suspension, sickness are not voluntary renunciation. You did not choose to be sick and preventively suspended. But the SC here said that it is not the only reason that interrupts the term of office for purposes of the three term limit. Preventive suspension is not a penalty. It is a safeguard so that you will not influence the evidence against you while you are still in the office but suspension as a penalty interrupts. |
Are Prolonged Sickness and Preventive Suspension the same? is there a loss of title? |
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COMELEC issued a resolution for him to vacate the office prior to the end of term. He was forced to vacate by virtue of writ of execution issued by the court (for municipality). If it’s a city, COMELEC will issue. In this case, he was forced to vacate by virtue of writ of execution. It was not his choice so he does not fall under the term voluntary renunciation. He was forced to vacate and prior to the term end. How long was it? 3 months. Even if 3 days or 1 day prior to the end of your term for as long as there is an interruption without your choice, that interrupts your term.
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Take note that the disqualification here is with finality because you cannot issue a writ of execution without a finality. Embarrassing but look at the brighter side of life, it does not count as one term. So you can still run for another term.
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What happened in Ong vs Alegre? did the disqualification count as one term because the case ended after the service in the office?
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Yes.
What are the requisites in which it will count as one term? 1.valid election 2.full service |
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You are not entitled to the public office in the first place so are you now removed in the contemplation of being elected to public office? The service was null and void from the beginning. How did the SC resolved that in Rivera vs COMELEC?
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The SC said the argument is convincing it makes a lot of sense. However, since there is now doubt WON that term counts considering that one of the requisite is missing. In case of doubt, the doubt should be resolved in favor of the limitation.
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In case of disqualification and discontinuance of service BEFORE the end of term, it DOES NOT COUNT as one term. If the disqualification or discontinuance occurred AFTER the term of the official, it will be considered as ONE TERM. In case of doubt on WON term counts considering that one of the requisites are missing, the doubt should be resolved in favor of the limitation. |
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Socrates vs COMELEC Can you say that since you are a candidate now that it interrupts your term?For example you are the mayor sought to be recalled, can you just say that to avoid the Comelec from incurring expenses for election, I will resign. Is that allowed? |
No, it is not allowed because if you are the subject of recall, you are not allowed to resign. And you have to be forced as a candidate since you are the automatic candidate.
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Supreme Court emphasized the fact that if you run for a recall and won the recall election, it does not count as one term after you’ve served three consecutive terms because what is prohibited is immediate election for the fourth term. In other words, if there is a gap, for example of even just one (1) day, that is NOT immediate election, that is allowed. If for example you are subject of a recall election and of course, you want to prove them wrong because the basis there is “loss of confidence”, you want to prove that the people are still behind you, so of course you’ll also run as mayor, as a matter of fact you have no choice but to run because you are the “automatic” candidate in the recall election if you are the one who is sought in the recall election.
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Cancellation and disqualification are two different things. |
Cancellation – ground is material misrepresentation or falsity in the COC. You lied something about CARRL. You never lie about CARRL. So there was no candidate to speak of. Disqualification – along the way, the candidate did something that disqualified him. -For example: He violated the prescribed size of campaign materials/ he bought votes -So if he committed an election offense while he was still a candidate and he got disqualified with finality, there was still a candidate so he can be replaced. |
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What is the effect of the conversion of municipality to city in so far as the three term limit is concerned? |
It’s not so much on whether or not it interrupts, but rather whether or not the city is not different from the municipality (ex: different land area, different voters, etc.) Latasa vs COMELEC |
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