Valoración y propuesta del plan de mejora

GR NO. 179271, July 8. 2009

Held: In computing the allocation of additional seats, the continued operation of the 2% threshold for the distribution of the additional seats as found in the second clause of Sec. 11(b) of R.A. 7941 which provides that ―those garnering more than 2% of the votes shall be entitled to additional seats in proportion to their total number of votes‖ is unconstitutional. The 2% threshold frustrates the attainment of the permissive ceiling that 20% of the members of the HR shall consist of party-list representatives.

There are 2 steps in the second round of seat allocation:

1) The percentage of votes garnered by each party-list candidate is multiplied by the remaining

available seats. The whole integer of the product corresponds to a party‘s share in the remaining available seats

Formula for remaining available seats = No. of seats available to

party-list representatives x Guaranteed seats of the

two-percenters Formula for percentage of votes garnered by each party-list candidate =

No. of votes garnered by

each party

÷

Total no. of

votes cast for party-list candidates 2) Assign one party-list seat to each of the parties next in rank until all available seats are completely distributed.

VIII. Effect of Change of Affiliation

Any elected party-list representative who changes his political party or sectoral affiliation:

 during his term of office shall forfeit his seat

 within 6 months before an election shall not be eligible for nomination as party-list representative under his new party or organization [Sec. 15, R.A. 7941]

IX. Nomination of Party-List Representative

Each registered party, organization or coalition shall submit to the COMELEC not later 45 days before the election a list of at least 5 names from which party-list representatives shall be chosen in case it obtains the required number of votes.

A person may be nominated:

(1) in 1 list only

(2) if he/she has given their consent in writing (3) is not a candidate for any elective office or (4) has not lost his bid for an elective office in

the immediately preceding election

No change of names or alteration of the order of nominees shall be allowed after the same shall have been submitted to the COMELEC except where the nominee:

(1) dies

(2) withdraws in writing his nomination or (3) becomes incapacitated in which case the

name of the substitute nominee shall be placed last in the list

Incumbent sectoral representatives in the HR who are nominated in the party-list system shall not be considered resigned. [Sec. 8, R.A. 7941]

16 2 F. Candidacy

I. Qualifications of Candidates II. Filing of Certificates of Candidacy

I. Qualifications of Candidates

1. Candidate, Definition

Any person who files his certificate of candidacy within prescribed period shall only be considered as a candidate at the start of the campaign period for which he filed his certificate of candidacy. [Sec. 15, R.A. 9369, Poll Automation Law]

Unlawful acts or omissions applicable to a candidate shall take effect only upon the start of the aforesaid campaign period. [Sec. 15, R.A. 9369]

Any registered national, regional, or sectoral party, organization or coalition thereof that has filed a manifestation to participate under the party-list system which has not withdrawn or which has not been disqualified before the start of the campaign period. [Comelec Res. 8758, Feb. 4, 2010]

2. Qualifications

Qualifications prescribed by law are continuing requirements and must be possessed for the duration of the officer's active tenure [Frivaldo v. COMELEC (1989); Labo v. COMELEC (1989)].

3. Disqualifications

Under the Omnibus Election Code

(1) Declared incompetent or insane by competent authority (Sec. 12)

(2) Permanent resident of or an immigrant to a foreign country unless he has waived such status (Sec. 68)

(3) Sentenced by final judgment for:

(a) Subversion, insurrection, rebellion (b) Any offense for which he has been

sentenced to a penalty of more than 18 months imprisonment

(c) A crime involving moral turpitude (Sec.

12)

(4) Given money or other material consideration to influence, induce or corrupt voters or public officials performing electoral functions (Sec. 68)

(5) Committed acts of terrorism to enhance his candidacy (Sec. 68)

(6) Spent in his election campaign an amount in excess of that allowed (Sec. 68)

(7) Solicited, received or made prohibited contributions (Sec. 68)

(8) Engaged in election campaign or partisan political activity outside the campaign period and not pursuant to a political party nomination (Sec. 80)

(9) Removed, destroyed, defaced lawful election propaganda (Sec. 83)

(10) Engaged in prohibited forms of election propaganda (Sec. 85)

(11) Violated election rules and regulations on election propaganda through mass media

(Sec. 86)

(12) Coerced, intimidated, compelled, or influenced any of his subordinates, members, or employees to aid, campaign or vote for or against any candidate or aspirant for the nomination or selection of candidates (Sec.

261.d)

(13) Threatened, intimidated, caused, inflicted or produced any violence, injury, punishment, damage, loss or disadvantage upon any person or of the immediate members of his family, his honor or property, or used fraud to compel, induce or prevent the registration of any voter, or the participation in any campaign, or the casting of any vote, or any promise of such registration, campaign, vote, or omission therefrom (Sec. 261.e)

(14) Unlawful electioneering (Sec. 261.k)

(15) Violated the prohibition against release, disbursement or expenditure of public funds 45 days before a regular election or 30 days before a special election (Sec. 261.v)

(16) Solicited votes or undertook propaganda on election day for or against any candidate or any political party within the polling place or within a 30m radius (Sec. 261.cc.6)

Under Section 40 of the LGC

(1) Sentenced by final judgment for an offense punishable by at least 1 year imprisonment within 2 years after serving sentence (2) Removed from office as a result of an

administrative case

(3) Convicted by final judgment for violating the oath of allegiance to the Republic of the Philippines

(4) Dual citizenship

Dual citizenship as a disqualification must refer to citizens with dual allegiance.

[Mercado v. Manzano, (1999)]

Under R.A. 9225 Citizenship Retention and Re-acquisition Act of 2003, a Filipino who becomes a naturalized citizen of another country is allowed to retain his Filipino citizenship by swearing to the supreme authority of the Republic of the Philippines.

The act of taking an oath of allegiance is an implicit renunciation of a naturalized citizen‘s foreign citizenship.

Dual citizenship is not a ground for disqualification from running for elective position. Like any other natural-born Filipino, it is enough for a person with dual citizenship who seeks public office to (1) file his certificate of candidacy and (2) swear to the Oath of Allegiance contained therein. [Cordora vs. COMELEC, (February 2009)]

With respect to a person with dual allegiance, the Court held that candidate‘s oath of allegiance to the Republic of the Philippines and his Certificate of Candidacy do not substantially comply with the

16 3

requirement of a personal and sworn renunciation of foreign citizenship. Section 5(2) of R.A. No. 9225 compels natural-born Filipinos, who have been naturalized as citizens of a foreign country, but who reacquired or retained their Philippine citizenship (1) to take the oath of allegiance under Section 3 of Republic Act No. 9225, and (2) for those seeking elective public offices in the Philippines, to additionally execute a personal and sworn renunciation of any and all foreign citizenship before an authorized public officer prior or simultaneous to the filing of their certificates of candidacy, to qualify as candidates in Philippine elections. [Jacot vs. Dal, (November 2008)]

(5) Fugitive from justice in criminal and non-political cases here and abroad

(6) Insane or feeble-minded

II. Filing of Certificates of Candidacy

No person shall be eligible for any elective public office unless he files a sworn certificate of candidacy within the period fixed herein. [Sec. 73, B.P. 881]

The certificate of candidacy shall be filed by the candidate personally or by his duly authorized representative.

When: any day from the commencement of the election period but not later than the day before the beginning of the campaign period.

In cases of postponement or failure of election, no additional certificate of candidacy shall be accepted except in cases of substitution of candidates. [Sec.

75, B.P. 881]

Filing of 2 certificates of candidacy:

(1) No person shall be eligible for more than one office to be filled in the same election.

(2) If he files a certificate of candidacy for more than one office he shall not be eligible for either.

(3) Before the expiration of the period for the filing of certificates of candidacy, the person who has filed more than one certificate of candidacy, may -

 declare under oath the office for which he desires to be eligible and

 cancel the certificate of candidacy for the other office/s [Sec. 73, B.P. 881]

(1) Effect of Filing

Any person holding a public appointive office or position including active members of the AFP, and other officers and employees in GOCCs, shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy. [Sec. 66(1), B.P. 881]

Any person holding an elective office or position shall not be considered resigned upon the filing of his certificate of candidacy for the same or any other elective office or position. [Sec. 4, Comelec Resolution No. 8678 Guidelines on the Filing of Certificates of Candidacy and Nomination of Official Candidates of Registered Political Parties in Connection with the May 10, 2010 National and Local Elections]

NOTE: Sec. 67 B.P. 811 which deemed elective officials automatically resigned from office upon filing of their certificate of candidacy was repealed by Sec. 14 R.A 9006, Fair Election Act.

QUINTO VS COMELEC (MR Ruling) GR 189698, February 22. 2010

Held: The SC reversed its earlier ruling (1 Dec. 2009) and upheld the constitutionality of 3 provisions in election laws – Sec. 13(3) R.A. 9369, Sec. 66 B.P. 881 and Sec. 4(a) COMELEC Resolution 8678 - that deemed appointive officials automatically resigned once they filed their certificates of candidacy.

Ratio: By repealing Section 67 but retaining Section 66 of B.P. 881, the legislators deemed it proper to treat these two classes of officials differently with respect to the effect on their tenure in the office of the filing of the certificates of candidacy for any position other than those occupied by them. It is not within the power of the Court to pass upon or look into the wisdom of this classification. Since the classification justifying Section 14 of R.A. 9006 is anchored upon material and significant distinctions and all the persons belonging under the same classification are similarly treated, the equal protection clause of the Constitution is, thus, not infringed.

(2) Substitution of Candidates

If after the last day for filing of the certificates of candidacy, an official candidate of a registered political party dies, withdraws or is disqualified for any cause:

(1) He may be substituted by a candidate belonging to and nominated by the same political party.

(2) No substitute shall be allowed for any independent candidate.

(3) The substitute must file his certificate of candidacy not later than mid-day of the election day

If the death, withdrawal or disqualification should happen between the day before the election and mid-day of the election day, certificate may be filed with:

(1) any Board of Election Inspectors in the political subdivision where he is a candidate or

(2) with the COMELEC if it is a national position [Sec. 77, B.P. 881]

Duty of COMELEC [Sec. 76, B.P. 881]

GENERAL RULE: The COMELEC shall have the

16 4

ministerial duty to receive and acknowledge receipt of the certificates of candidacy provided said certificates are: under oath and contain all the required data and in the form prescribed by the Commission.

EXCEPTION: COMELEC may go beyond the face of the certificate of candidacy –

(1) Nuisance candidates

(2) Petition to deny due course or to cancel a certificate of candidacy

 The COMELEC has no discretion to give or not to give due course to a certificate of candidacy filed in due form. While the COMELEC may look into patent defects in the certificate, it may not go into matters not appearing on their face. [Abcede v. Imperial, (1958)]

(3) Nuisance Candidates

Petition to declare a duly registered candidate as a nuisance candidate [Sec. 5, R.A. 6646, The Electoral Reforms Law of 1987]

Who may file: any registered candidate for the same office

When: within 5 days from the last day for the filing of certificates of candidacy

How: personally or through duly authorized representative with the COMELEC

Grounds: certificate of candidacy has been filed - (1) To put the election process in mockery or

disrepute or

(2) To cause confusion among the voters by the similarity of the names of the registered candidates or

(3) Clearly demonstrate that the candidate has no bona fide intention to run for the office for which the certificate of candidacy has been filed and thus prevent a faithful determination of the true will of the electorate [Sec. 69, B.P. 881]

Proceeding: summary in nature

(4) Petition to Deny or Cancel Certificates of Candidacy

Who may file: Any person

When: Any time not later than 25 days from the time of the filing of the certificate of candidacy Exclusive ground: any material representation contained in the certificate of candidacy is false.

Decision: Shall be decided, after due notice and hearing, not later than 15 days before the election.

[Sec. 78, B.P. 881]

SALIC MARUHOM VS COMELEC GR NO. 179430, July 27. 2009

Held: The false representation must pertain to a material fact that affects the right of the candidate to run for the election for which he filed his COC.

Such material fact refers to a candidate‘s eligibility or qualification for elective office like citizenship, residence or status as a registered voter. Aside from the requirement of materiality, the false representation must consist of a deliberate attempt to mislead, misinform, or hide a fact that would otherwise render a candidate ineligible. In other words, it must be made with the intention to deceive the electorate as to the would-be candidate‘s qualifications for public office.

(5) Effect of Disqualification Procedure

(1) Who may file: Any citizen of voting age, or any duly registered political party, organization or coalition of political parties (2) Where: Law Department of the COMELEC (3) When: Any day after the last day for filing

of certificates of candidacy, but not later than the date of proclamation

Effect (asked in 1990, 1992, 1996, 2003)

Any candidate who has been declared by final judgment to be disqualified shall not be voted for, and the votes cast for him shall not be counted. The fact that the candidate who obtained the highest number of votes is later declared to be disqualified or not eligible for the office to which he was elected, does not necessarily entitle the candidate who obtained the second highest number of votes to be declared the winner of the elective office.

Any candidate who has been declared by final judgment to be disqualified –

(1) shall not be voted for and

(2) the votes cast for him shall not be counted (3) If a candidate is not declared by final

judgment before an election to be disqualified and he is voted for and receives the winning number of votes in such election

The Court or COMELEC shall continue with the trial and hearing of the action, inquiry, or protest and Upon motion of the complainant or any intervenor, may during the pendency thereof, order the suspension of the proclamation of such candidate whenever the evidence of his guilt is strong. [Sec. 6, R.A. 6646, The Electoral Reforms Law of 1987]

Where a similar complaint/petition is filed:

(1) before the election and proclamation of the respondent and the case is not resolved before the election - the trial and hearing of the case shall continue and referred to the Law Department for preliminary investigation

16 5

(2) after the election and before the proclamation of the respondent - the trial and hearing of the case shall be suspended and referred to the Law Department for preliminary investigation

NOTE: In either case, if the evidence of guilt is strong, the COMELEC may order the suspension of the proclamation of respondent, and if proclaimed, to suspend the effects of proclamation. [Sec. 4, Resolution No. 8678]

(6) Withdrawal of Candidates

A person who has filed a certificate of candidacy may, prior to the election, withdraw the same by submitting to the office concerned a written declaration under oath.

Effect of filing or withdrawal of a certificate of candidacy: shall not affect whatever civil, criminal or administrative liabilities which a candidate may have incurred.

G. Campaign

I. Premature Campaigning II. Prohibited Contributions

I. Premature Campaigning

GENERAL RULE: Any election campaign or partisan political activity for or against any candidate outside of the campaign period is prohibited and shall be considered as an election offense. [Sec. 80, B.P.

881]

EXCEPTION: Political parties may hold political conventions to nominate their official candidates within 30 days before the start of the period for filing a certificate of candidacy. [Sec. 15, R.A. 9369, Poll Automation Law]

Prohibited campaigning days: It is unlawful for any person to engage in an election campaign or partisan political activity on:

(1) Maundy Thursday (2) Good Friday

(3) eve of Election Day and

(4) Election Day [Sec. 3, COMELEC Resolution 8758]

PENERA VS COMELEC

G.R. No. 181613, November 25. 2009

Facts: On 11 September 2009, the SC affirmed the COMELEC‘s decision to disqualify Penera as mayoralty candidate in Sta. Monica, Surigao del Norte, for engaging in election campaign outside the campaign period, in violation of Sec. 80 of B.P. 881.

Penera moved for reconsideration, arguing that she was not yet a candidate at the time of the supposed premature campaigning, since under Sec. 15 of R.A.

9369 one is not officially a candidate until the start of the campaign period.

Issue: WON Penera‘s disqualification for engaging in premature campaigning should be reconsidered.

Held: At the time the supposed premature campaigning took place, Penera was not officially a

―candidate‖ albeit she already filed her certificate of candidacy. Under Section 15 of R.A. 9369, a person who files his certificate of candidacy is considered a candidate only at the start of the campaign period, and unlawful acts applicable to such candidate take effect only at the start of such campaign period. Thus, a candidate is liable for an election offense only for acts done during the campaign period, not before. Before the start of the campaign period, such election offenses cannot be committed and any partisan political activity is lawful.

1. Election Campaign or Partisan Political Activity

An act designed to promote the election or defeat of a particular candidate or candidates to a public office. [Sec. 79, B.P. 881]

Exclusions:

(1) Acts performed for the purpose of enhancing the chances of aspirants for nomination for candidacy to a public office by a political party, aggroupment, or coalition of parties.

(2) Public expressions of opinions or discussions of probable issues in a forthcoming election or on attributes or criticisms of probable candidates proposed to be nominated in a forthcoming political party convention.

[Sec. 79, B.P. 881]

Persons Prohibited from Campaigning:

(1) Members of the board of election inspections [Sec. 173, B.P. 881]

(2) Civil service officers or employees [Art. IX-B, Sec. 2 (4), Const.]

(3) Members of the military [Art. XVI, Sec. 5 (3), Const.]

(4) Foreigners, whether juridical or natural persons.

2. Campaign Period

For President, Vice-President and Senators - 90 days before the day of the election.

For Members of the HR and elective provincial, city and municipal officials - 45 days before the day of the election. [Sec. 5, R.A. 7166]

3. Lawful Election Propaganda

(1) Pamphlets, leaflets, cards, decals, stickers, or other written or printed materials not larger than 8.5x14 inches

(2) Handwritten or printed letters urging voters to vote for or against any political party or candidate

(3) Cloth, paper or cardboard posters, framed or

16 6

posted, not larger than 2x3 feet

(4) Streamers not larger than 3x8 feet are allowed at a public meeting or rally or in announcing the holding of such. May be displayed 5 days before the meeting or rally and shall be removed within 24 hours after such

(5) Paid advertisements in print or broadcast media

 Bear and be identified by the

 Bear and be identified by the

In document Autoinforme para la acreditación. de la titulación: (página 96-101)