REVIEWER: ELECTION LAW
E L E C T I O N L A W
QUALIFICATIONS OF CANDIDATES
Other Eligibities
Non-suffering from any term limitations
Conditions to render ineligible based on the 3-term limit rule:
That the official concerned has been elected for 3 consecutive terms in the same local government post; and
That he has fully served 3 consecutive years.
(Summary of jurisprudence on the 3-term)
Note: Interruption means the elective official may run again for another term
Succession – not a full term
Assumption of higher office - interruption
Winning in a recall election – interruption
Loses in an election protest – interruption
Conversion to a city – not an interruption
Preventive suspended – not an interruption
Loses election protest only after his term ends – not an interruption
Non-suffering from any accessory penalty of disqualification
Perpetual disqualification, whether absolute or special, imposed as an accessory penalty for conviction of a crime is a vice of ineligibility, not as disqualification.
Issue – eligibilities or qualifications Petition to deny de course
Issue – Disqualification enumerated – Petition for disqualifications
Disqualification – the elective candidates did something wrong
Fugitive (Disqualification at the same time Ineligibility because Accessory Penalty)
Residency
Who will replace?
Petition to Disqualify - Rule on succession shall apply not necessarily the one who file. Because it produces vacancy.
Petition to deny due course – replaced by the Second Placer (the one who filed it)
In case the defect is Both – the petitioner has the option to file. (Chua v. COMELEC)
the one who will replace is the second placer. Because the person still has the ineligibility and the election does not cure it.
Common ground or basis:
Foreigner
Not Resident
Fugitive
The vice of ineligibility is not cured by an election.
Doctrine of Condonation, applicable only: (abandoned as of 10 November 2015 - prospectively)
Administrative case, x criminal case;
By elective official, x not appointive; and
Same electorate position.
If the judgment for disqualification is still unresolved or has not yet attained its finality before election:
The case shall continue and should not be dismissed even after the election.
Etr. When the respondent has already been proclaimed.
Side Note: After the proclamation usually days after the proclaimed winner will assume his office, thus, the COMELEC has to dismiss the case since the jurisdiction of electoral tribunal begins (HRET/SET) begins.
If the evidence of guilt is strong, the COMELEC may order suspension of the proclamation upon motion.
Remedies BEFORE proclamation
Petition to deny due course to or cancellation of COC for false material representation.
5/25 Rule: within 5 days from the last day for filing of COC but not later than 25 days from the time of filing of the COC subject of the petition
In case of a substitute candidate (SC), within 5 days from the time the SC filed his COC
Petition to declare a nuisance candidate to cancel his COC
Within 5 days from the last day for filing of COC
In case of SC, within 5 days from the time the substitute candidate filed his COC
If initiated by the COMELEC motu proprio, at any time before the election.
Petition for disqualification
After last day of filing of COCs but not later than the date of proclamation
Motion for Suspension of Proclamation
While a petition for disqualification or petition for cancellation of COC is pending, when the evidence of guilt is strong.
Petition/motion to postpone election
At any time before election when there is violence, terrorism, loss or destruction of election paraphernalia or records, force majeure, or other analogous cases.
Petition to declare failure of election
After election when there was failure elect or suspension would affect the result of election but before election.
May be filed for a particular precinct
It is granted only when the voting population in the precinct would affect the result of election.
Pre-proclamation controversy
After election but before proclamation when there is illegal composition or illegal proceedings of the Board of Canvasser (BOC)
Grounds: (2) fraud/mistake in filing of number of votes in a particular precinct (di na raw nangyayare dahil sa electronic election) (5) When there is manifest error in the certificate of canvass
BOC composed of [in city]: (1) the chairman is election officer; (2) superintendent of the school; and (3) city treasurer.
This remedy may be directly lodge before the COMELEC
Illegal proceedings – in resolution making in how BOC shall proceed with their duty
Remedies AFTER proclamation
Election Protest
within 10 days from proclamation for:
COMELEC: Regional, provincial, city
RTC: Municipal
MTC: Barangay
within 30 days from proclamation for SET
within 15 days from June 30 or from proclamation, whichever occurs later, for HRET
Petition for Quo Warranto
within 10 days from proclamation for:
COMELEC: Regional, provincial, city
RTC: Municipal
MTC: Barangay
within 10 days from proclamation for SET
within 15 days from June 30 or from proclamation, whichever occurs later, for HRET
grounds: (1) Ineligibility or lack of qualifications; or (2) disloyalty to the republic
Petition to annul election and proclamation
At any time, even beyond the prescribed period, if the qualification for the office was subsequently lost.
It can be filed even though the candidate already assumed or the term of office is about to end.
CASE: the winner lost one of his qualifications to the position such as he acquired naturalization in foreign country
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