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Election Law Caselist

This document outlines the laws governing elections in the Philippines. It discusses the key provisions in the 1987 Constitution related to elections, suffrage, and the role of the Commission on Elections. It also summarizes the Omnibus Election Code and several laws that have amended it over the years related to electoral reforms, party lists, overseas voting, and other topics. Case law precedents are also cited related to the right to suffrage, the essence of elections, forms of popular intervention like plebiscites, initiatives, referendums, and recalls.

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Leo Artemio Puertos
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39 views3 pages

Election Law Caselist

This document outlines the laws governing elections in the Philippines. It discusses the key provisions in the 1987 Constitution related to elections, suffrage, and the role of the Commission on Elections. It also summarizes the Omnibus Election Code and several laws that have amended it over the years related to electoral reforms, party lists, overseas voting, and other topics. Case law precedents are also cited related to the right to suffrage, the essence of elections, forms of popular intervention like plebiscites, initiatives, referendums, and recalls.

Uploaded by

Leo Artemio Puertos
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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ELECTION LAWS

1. Laws Governing Elections

a. 1987 Philippines Constitution


b. Omnibus Election Code: BP Blg. 881
c. Local Government Code of 1991

A. Constitution

Article II. Declaration of Principles and State Policies

Sec. 1. Democracy and Republicanism


Sec. 13. Vital Role of the Youth in Nation Building
Sec. 23. Participation of NGO, Community based or Sectoral Orgs in nation building

Article III. Bill of Rights


Sec. 4. Right to Free Speech and Peaceful assembly
Sec. 5. Freedom of Religion
Sec. 6. Freedom to form and join Unions, associations or societies for a lawful purpose
Sec. 16. Right to Speedy disposition of cases
Sec. 18. No person shall be detained solely by reason of his political beliefs and aspirations

Article IV. Citizenship

Sec. 1. Who are citizens of the Philippines?


Sec. 2. Natural-born citizens

Article V. Suffrage

Sec. 1. Who are qualified to vote?


Sec. 2. Sanctity of ballot and Overseas absentee Voting

Article IX. Constitutional Commission

COMELEC

Article XVII. Amendments and Revisions

B. OMNIBUS ELECTION CODE: BP Blg. 881

-Codification of Elections Laws, repealing PD 1296 or the Election Code of 1978

1. RA No. 6646- The Electoral Reform Law of 1987

2. RA 6735- AN Act Providing for a System of Initiative and Referendum

3. RA 7160- The Local Government Code of 1991

4. RA 7166- An Act Providing for Synchronized National and Local Elections and for
Electoral Reforms

5. RA 7941- Party-List System act

6. RA 8171- Repatriation of Filipino Women who have lost their Philippine Citizenship by
marriage to Aliens and Natural-born filipinos

7. RA 8189- General Registration of Voters and Adopting a System of Continuing


Registration

8. RA 8295- An Act Providing for the proclamation of a Lone Candidate for any Elective
Office in a special election
9. RA 8346- Automated Elections System in May 11, 1998 National and Local Elections
and subsequent Elections

10. RA 8524- An Act Changing the Term of Office of Brgy. Officials and Members of the
SK from 3 years to 5 years

11. RA 9006- Fair Election Practices Act

12, RA 9164- Synchronized Barangay and SK Elections Act

13. RA 9189- Overseas Absentee Voting Act

14. RA 9225- Dual-Citizenship Act of 2003

15. RA 9244- An Act Eliminating the Preparatory Recall Assembly

16. RA 9525- Supplemental Appropriations for Automated Election System

RIGHT TO SUFFRAGE

NOLASCO v. COMELEC 275 SCRA 763


NAVAL v. COMELEC 729 SCRA 299
Kabataan Paty-List v. COMELEC 777 SCRA 574
Bagumbayan-VNP @ Richard Gordon v. COMELEC 787 SCRA 1

ESSENCE OF ELECTIONS

Maruhom v. COMELEC 331 SCRA 473


Sunga v. COMELEC 288 SCRA 76

FORMS OF POPULAR INTERVENTION

Carlos v. Angeles 364 SCRA 571


Sunga v. COMELEC, GR No. 125629
Mitmug v. COMELEC, G.R NO. 106270-73
Rulloda v. COMELEC, G.R NO. 154198
Pacanan, Jr. V. COMELEC, G.R No. 186224
Taguiam v. COMELEC, G.R No. 184801
Bince, Jr., v. COMELEC, G.R No. 111624-25
MARUHOM v. COMELEC, G.R No. 179430
Peña v. COMELEC, G.R No. 123037
Bautista v. Castro, G.R No. L-61260
LIbanan v. HRET, G.R No. 129783

KINDS OF ELECTIONS

PLEBISCITE

Padilla Jr. v. COMELEC, G.R no. 103328


Sanidad v. COMELEC, G.R NO. L-44640
Tobias et.al v. Abalos, G.R NO. L-114783
City of Pasig v. COMELEC, G.R NO. 125646
Buac v. COMELEC, G.R No. 155855

INITIATIVE AND REFERENDUM

Santiago v. COMELEC 270 SCRA 106


LAMBINO v. COMELEC 505 SCRA 160
SBMA v. COMELEC 262 SCRA 492
RECALL

Garcia v. COMELEC 272 SCRA 100


Paras v. COMELEC 264 SCRA 49
Angobung v. COMELEC 269 SCRA 245
Malonzo v. COMELEC, March 11, 1997
Claudio v. COMELEC 331 SCRA 388
Afiado v. COMELEC 340 SCRA 600

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