Election Laws


I. Election and Suffrage

a) Definition
b) History
c) Cases

  1. Moya v. Del Fierro, 69 Phil. 199 (1930)
    • Republicanism, in so far as it implies the adoption of a representative type of government, necessarily points to the enfranchised citizen as a particle of popular sovereignty and as the ultimate source of the established authority.
    • Ballots should be read and appreciated, if not with utmost, with reasonable, liberality. 
  2. Badelles v. Cabili, G.R. No. L-29333, February 27, 1969
    • Dismissal of election protest alleging frauds;
    • Dismissal amounts to judicial abnegation to inquire into and pass upon irregularities of election.


II. The Commission on Elections

a) History
b) Composition
c) Qualifications
d) Powers and Functions (1987 Constitution, Omnibus Election Code)
e) Field Offices
f) Cases

  1. Cauton v. COMELEC, 19 SCR 911
  2. Roque v. COMELEC, G.R. No. 188456, September 10, 2009
    1. Separate concurring opinion of CJ Puno
    2. February 10, 2010 (Motion for Reconsideration)
  3. Arroyo v. DOJ and COMELEC, G.R. No. 199082, September 18, 2012 and July 23, 2013
  4. Ongsioko Reyes v. COMELEC, G.R. No. 207264, June 25, 2013 and October 22, 2013


III. Voters

a) Qualifications for Suffrage
b) Disqualifications
c) Local Absentee Voters
d) Overseas Absentee Voters
e) Detainee, PWDs, IPs, Media
  1. Section 18, The Omnibus Election Code
  2. Executive Order No. 157 (Local Absentee Voting Law)
  3. Section 12, Republic Act No. 7166 
  4. Republic Act No. 10380 (Local Absentee Voting for Media)
  5. Republic Act No. 9189 (Overseas Absentee Voting Act of 2003), as amended by Republic Act No. 10590 (The Overseas Voting Act of 2013)
f) Cases
  1. Macalintal v. COMELEC, G.R. No.157013, July 10, 2003
  2. People v. Corral 62 Phil. 945 (1936)


IV. Registration of Voters

a) Qualification of Voters
b) Disqualifications
c) Election Registration Board
d) Deactivation, Reactivation, Cancellation
c) Inclusion and Exclusion Proceedings
f) Jurisdiction
g) Cases

  1. Yra v. Albano, G.R. No. 30187, November 15, 1928
  2. Akbayan Youth v. COMELEC, G.R. No. 147066, March 26, 2001
  3. Kabataan Party-list v. COMELEC, G.R. No. 221318, December 16, 2015
  • Omnibus Election Code
  • Republic Act No. 8189 (The Voters Registration Act of 1996)


V. Candidates

a) Qualifications
b) Disqualifications
c) Certificate of Candidacy
d) Nuisance Candidates
e) Cases

  1. Poe-Llamanzares v. COMELEC, G.R. Nos. 221697, 221698, 221699 & 221700, March 8, 2016
  2. Maquiling v. COMELEC, G.R. No.210164, August 18, 2015
  3. Caballero v. COMELEC, G.R. No. 209835, September 22, 2015
  4. Frivaldo v. COMELEC, G.R. No. 120295, June 28, 1996
  5. Mercado v. Manzano, G.R. No. 135083, May 26, 1999
  6. Villaber v. COMELEC, G.R. No. 148326, November 15, 2001
  7. Lonzanida v. COMELEC, G.R. No. 135150, July 28, 1999
  8. Abundo v. COMELEC, G.R. No. 201716, January 08, 2013
  9. Marquez v. COMELEC, 243 SCRA 538
  10. Dela Cruz v. COMELEC, G.R. No. 192221, November 13, 2012
  11. Atty. Risos-Vidal v. COMELEC and Estrada, G.R. No. 206666, January 21, 2015
  12. Aratea v. COMELEC, 683 SCRA 1 (2012)
  13. Jalosjos, Jr. v. COMELEC, G.R. 193237, October 9, 2012
  14. Jalosjos v. COMELEC, G.R. No. 205033, June 18, 2013
  15. Quinto v. COMELEC, 606 SCRA 258, December 1, 2009
  16. Quinto v. COMELEC, 613 SCRA 385,February 22, 2010
  17. Mendoza v. COMELEC, G.R. No. 191084, March 25, 2010
  18. Socrates v. COMELEC, 391 SCRA 457, November 12, 2002
  19. Pamatong v. COMELEC, G.R. No. 161872, April 13, 2004
  20. Timbol v. COMELEC, G.R. No. 206004 (Resolution), February 24, 2015
  21. Rulloda v. COMELEC, G.R. No. 154198, January 20, 2003
  22. Federico v. COMELEC, G.R. No. 199612, January 22, 2013
  23. Engle v. COMELEC, G.R. No. 215995, January 19, 2016

VI. Campaign, Election Propaganda, etc
a) Concept
b) Campaign Period
c) Election Period
d) Lawful Election Propaganda
e) Prohibited Election Propaganda
f) Prohibited Contributions
g) Lawful Expenditures
h)  Limitations on Expenses of Contributions
i) Statement Expenses
j) Cases
  1. Chavez v. COMELEC, G.R. No. 162777, August 31, 2007
  2. Penera v. COMELEC, G.R. No. 181614, September 11, 2009 and November 25, 2009
  3. SWS v. COMELEC, G.R. No. 147571, May 05,2001
  4. GMA Network, Inc. v. COMELEC, G.R. No. 205357, September 02, 2014
  5. Ejercito v. COMELEC, G.R. No. 212398, November 25, 2014
  6. The Diocese of Bacolod v. COMELEC, G. R. No. 205728, January 21,2015
  7. 1-UTAK v. COMELEC, G.R. No. 206020, April 14, 2015


Popular posts from this blog

Equality and Human Rights: The United Nations and Human Rights System (September 16, 2023)

Sovereign Equality of States/Principle of sovereign equality UN Charter of 1945 All states are equal before international law no matter the size of their territory, population, economy or military. All states have equal rights and duties under international law, and that no state has the right to interfere in the internal affairs of another state. Positive Consequences: All states have a voice in international affairs .   All states have the opportunity to participate in international organizations and to negotiate and conclude treaties. This helps to ensure that the interests of all states are represented in the development of international law and policy. No state has the right to interfere in the internal affairs of another state.  This helps to protect the sovereignty of all states and to prevent the use of force or coercion to achieve political objectives. States have the right to develop their own political, economic, and social systems without interference from othe...
Read more

Election Laws: Requirements Before Election

REQUIREMENTS BEFORE ELECTION A. Registration Registration of Voters The right of a citizen to vote is necessarily conditioned upon certain procedural requirements he must undergo, among others, the process of registration. Registration regulates the exercise of the right of suffrage .  It is not a qualification for such right.  R.A. No. 8189, the Voter's Registration Act of 1996 (approved June 11, 1996) : Sec. 2. Declaration of Policy. It is the policy of the State to systematize the present method of registration in order to establish a clean, complete, permanent and updated list of voters. Sec. 3. Definition of Terms. – As used in this Act: Registration refers to the act of accomplishing and filing of a sworn application for registration by a qualified voter before the election officer of the city or municipality wherein he resides and including the same in the book of registered voters upon approval by the Election Registration Board; Registration Record refers to an ...
Read more

Special Rules and Proceedings: Rule 75

Special Rules and Proceedings RULE 75 Production of Will; Allowance of Will Necessary Section 1. Allowance necessary. Conclusive as to execution. — No will shall pass either real or personal estate  unless it is proved and allowed in the proper court.  Subject to the right of appeal,  such allowance of the will shall be conclusive as to its due execution. Probate  A special proceeding to establish the validity of a will. Kinds of wills A will has been defined as a species of conveyance whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree thze disposition of his estate after his death.   Under the Civil Code, there are two kinds of wills which a testator may execute.  The first is the notarial will , which must be acknowledged before a notary public by a testator and the attesting witness and is governed by Articles 804 to 809 of the Civil Code. The second is the holographic will , which Article 810 ...
Read more