ELECTION: INTRODUCTION AND HISTORY Chapter 1

Suffrage the right to vote in the election of officers chosen by the people and in determination of questions submitted
to the people; it includes election, plebiscite, initiative and referendum.

Nature of Suffrage:

1. Mere privilege- Not a natural right of the citizens but a mere privilege to be given or withheld by the lawmaking
power subject to constitutional limitations.

2. Political Right- enabling citizens to participate in the process of government to assure that it derives its power from
the consent of the governed.

Voting the act or exercise of ones right to suffrage

Election the means by which the 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.

Kinds:

1. Regular one provided by law for election of officers either nationwide or in certain subdivisions thereof, after
expiration of the full term of the former members; participated in by those who possess the right of suffrage, are not
otherwise disqualified by law, and who are registered voters.

The SK election is not a regular election because the latter is participated in by youth with ages ranging from 15-21
(now 15-18 per R.A. 9164), some of whom are not qualified voters to elect local or national elective officials (Paras v.
COMELEC).

2. Special one held to fill any vacancy in an office before the expiration of the full term for which the incumbent was elected.

Plebiscite the electoral process by which an initiative on the Constitution is approved or rejected by the people; it
also the means by which the voters in affected areas consent or object to the change in the form of local government.

Initiative the power of the people to propose amendments to the Constitution or to propose and enact legislations
through an election called for the purpose.

Referendum the power of the electorate to approve or reject legislation through an election called for the purpose.

Recall a mode of removal of a local elective official by the people before the end of his term of office.

Theory on Suffrage prevailing in the Philippines:

Suffrage is both a right and a privilege. It is a right because it is the expression of the sovereign will of the people. It is
a privilege because its exercise is granted not to everybody but to the persons or class of persons as are most likely to
exercise it for the purpose of the public good.

System of Election Adopted in the Philippines:

Since 1901, the Australian system, first conceived by Francis Dutton, a member of the Legislature of South Australia.
The distinguishing feature of the system is STRICT SECRECY IN BALLOTING.

Election Period: Unless otherwise fixed by the Commission in special cases, the election period shall commence
ninety days before the day of election and shall end thirty days thereafter (Sec. 9, Art. IX-C, 1987 Constitution).

Campaign Period:

Presidential and Vice Presidential Election 90 days;

Election of Members of Congress and Local Election 45 days; and Barangay Election 15 days

Special Election under Art. VIII, Sec. 5, Subsection (2) of the Constitution 45 days.

The campaign periods shall not include the day before and the day of the election (Sec. 3, B.P. 881).

 History of Election

1. 1897 Biak na Bato Constitution No suffrage

2. 1899 Malolos Constitution No suffrage

3. 1935 Constitution-Suffrage is limited to male citizens, 21 years of age, and able to read and write. -Suffrage for
women is subject to plebiscite of 300,000 women.

4. 1973 Constitution-suffrage is mandatory. Failure to register is an election offense.

5. 1987 Constitution

THE COMMISSION ON ELECTIONS

Chapter 2

Jurisdiction

General Rule: The COMELEC sitting en banc does NOT have the requisite authority to hear and decide election cases
in the first instance. This power pertains to the divisions of the Commission. Any decision by the Commission en banc
as regards election cases decided by it in the first instance is null and void (Abad v. COMELEC)

Exceptions:

1. When what is involved in the case is purely administrative, and not quasi-judicial in nature;
2. When the required number of votes to reach a decision, resolution, order or ruling is not obtained in the
division (Garvida v. Sales, Jr.)
3. Where the petitioner invoked the jurisdiction of the COMELEC en banc, participated in its proceedings and
sought relief therefrom, in which instance he is estopped to subsequently question the jurisdiction of the
COMELEC en banc
4. Petitions for the postponement, declaration of failure of election and the calling of special elections (Loong v.
COMELEC); and

The COMELEC en banc has the power to prosecute election cases, and in the exercise of such prosecutory power, it
conducts preliminary investigation, decides whether or not there exists a probable cause and files the corresponding
information in court. (Faelnar v. People).

Powers and Functions:

5.

Enforcement and Administration of Election Laws and RegulationsPower to ensure free, honest, orderly credible and
peaceful elections.

Rule Making Power Quasi-Legislative Functions Quasi-Judicial Power Contempt and Subpoena Auxiliary writs and
processes Specific Powers

a. Power to declare failure of elections

(Ramirez v. COMELEC);

Two conditions must concur before the COMELEC can act on a petition seeking to declare a failure of elections:

i. No voting took place in the precinct or precincts on the date fixed by law, or even if there was voting, the election
resulted in failure to elect; and

ii. The votes not cast would have affected the result of the elections. (Dibratun v. Comelec) *The cause of such failure of
election could only be any of the following: force majeure, violence, terrorism, fraud, or other analogous cases.

b. Power to call for special elections In fixing the date for special elections,

the Comelec should see to it that:i. It should not be later than 30 days after the cessation of the cause of the
postponement or suspension of
 the election or failure to elect; and

ii. It should be reasonably close to the date of the election not held, suspended or which resulted in the failure to elect.
(Pangandaman v. Comelec)

c. Power to postpone electionsd. Power to correct manifest errors in election

documents With the introduction of the PCOS

System pursuant to R.A. 9369, every copy should be as good and as clear as the first one. Hence, the problem of
manifest errors might be a thing in the past. (R. Avila, Fundamentals of Election Law, p. 59 (2010))

3. Power to order recanvass of votes

4. Power to annul or suspend proclamation of elected candidates

5. Power to annul an illegal canvass

6. Power to transfer polling places

7. Power to Transfer Venue of Canvassing of Votes

8. Power to order opening of ballot boxes

9. Power to conduct initiative and plebiscite

iii. Other Specific Powers

1 Deputization of Peace Officers

2 Investigatory and Prosecutorial Power

3 Deputization of or Endorsement to Prosecutors

iv. Power of exclusive control and supervision over the Automated Election System (Sec. 26, RA 8436)

Stand-by Power of COMELEC: If it shall no longer be reasonably possible to observe the periods and dates
prescribed by law for certain pre-election acts, the Commission shall fix other periods and dates in order to ensure
accomplishment of the activities so voters shall not be deprived of their suffrage (Sec. 28, R.A. 8436 & Sec. 29 of R.A.
6646, adopted pursuant to Sec. 9, Art. IX-C of the 1987 Constitution).

This stand-by power, however, does not apply to fixing the date of registration of votes because Sec. 8 of R.A. 8189,
which provides for a continuing registration of voters, specifically states that: No registration shall, however, be
conducted during the period starting one hundred twenty (120) days before a regular election and ninety (90) days
before a special election.

Powers NOT Granted to the COMELEC:

1. No power to decide questions involving the right to vote

2. No power to include and exclude voters Currently, jurisdiction to decide controversies on inclusion or exclusion
of voters belongs to the

Municipal Trial Court.

History of COMELEC

I COMELEC was organized under CA No. 607 enacted on August 22, 1940.

I The power to enforce the election laws was originally vested in the president and exercised through the
Department of Interior.

I COMELEC was then transformed to a Constitutional Body by virtue of the 1940 amendments to the 1935
Constitution which took effect on December 2, 1940.

I 1973 Constitution broadened the powers of the COMELEC by making it the sole judge of all election
 contests relating to election returns, and qualifications of members of the national legislature and elective provincial
and city officials.

I The 1987 Constitution grants the COMELEC the exclusive original jurisdiction to enforce and administer
all laws and regulations relative to the conduct of elections, plebiscites, initiative, referendum, and recalls, election
contests involving regional, provincial and city elective officials . (Loong vs. COMELEC)

I 1935 ConstitutionComposition: Chairman and two CommissionersTerm: 9 years

I 1973 Constitution

Composition: Chairman and eight CommissionersTerm: 7 years without reappointment

1987 ConstitutionComposition: Chairman and six CommissionersTerm: 7 years without reappointment

Case Digest:

Power of COMELEC

Election for the Office of the Representatives was held. Because of the alleged irregularity in the canvassing of votes,
COMELEC issued a resolution to reopen the ballot boxes to obtain judicial remedies under section 163 of the Revised
Election Code. WON the resolution is valid.

The COMELEC has the power to investigate and act on the propriety or legality of the canvass of election returns
made by the board of canvassers. Cauton vs. COMELEC)

_____The Congress enacted R.A. 8436 for the Automation of Election System. The Automated Machines used during
the election did not properly read the votes casted. COMELEC issued a minute resolution ordering a manual count.
WON the resolution is valid.To continue with the automated count would result in a grossly erroneous count. The
resolution merely reinforces the collective efforts to endow COMELEC with enough power to hold free, honest,
orderly, and credible elections. (Loong vs. COMELEC)

Judicial Recount

Election was held; one of the candidates filed a petition to annul the canvass and proclamation due to alleged
irregularity in the canvassing. The COMELEC issued a resolution annulling the canvass and proclamation.

The requisites for judicial recount

10. Appearing to the Board of Canvassers that discrepancy exists.

11. Discrepancy is between the copy submitted to the Board and another authentic copy thereof.

3. Authentic copy must also be submitted to the Board. (Purisima vs. Salanga)

Exercise of discretion

A coalition of several political parties was awarded the right to have the minority representation in the Board of
Election Inspectors. Upon the termination of the coalition, the COMELEC granted the said right to another political
party.

WON the modification is valid.The COMELEC shall have the discretion to choose the minority inspector. The
modification by the Commission of its ruling awarding the minority inspector to another party is a legal exercise of the
discretion vested. (Sumulong vs. COMELEC)

Period in rendering decision

An election case was filed before the COMELEC en banc. En banc failed to render its decision within 90 days from the
date the case was submitted for decision as mandated by law.

WON the decision is still valid.The COMELEC has numerous cases before it, Considering the manpower and logistic
limitations, it is sensible to treat the procedural requirements on deadlines realistically. (Alvarez vs. COMELEC)

VOTERS AND VOTER REGISTRATION Chapters 3 and 4

*Sections 113 to 148 of the Omnibus Election Code have been repealed or modified to the extent that they are
inconsistent with the provisions of R.A. 8189 or the Voters Registration Act of 1996.

Registration refers to the act of accomplishing and filing of a sworn application for the 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 (R.A. 8189, Sec 3 (a)).

Registration Record an application for registration duly approved by the Election Registration Board (R.A 8189,
Sec 3 (b)).

All registration records in a precinct are compiled in a Book of Voters, which is generally used by the Board of
Election Inspectors for reference in cases of conflicts and inadequacies in the posted list of voters.

List of Voters refers to an enumeration of names of registered voters in a precinct duly certified by the Election
Registration Board for use in the Election

Qualifications for Suffrage:

(Sec. 1, Art. V, Constitution)

12. Filipino citizen;

13. At least 18 years of age;

14. Resident of the Philippines for at least one year;

15. Resident of the place where he proposes to vote for at least 6 months; and

16. Not otherwise disqualified by law.

v. It is incumbent upon one who claims Philippine citizenship to prove to the satisfaction of the court that he
is really a Filipino. No presumption can be indulged in favor of the claimant of Philippine citizenship, and any doubt
regarding citizenship must be resolved in favor of the state (Go v. Ramos)

vi. In election cases, the Court treats domicile and residence as synonymous terms. Both import not only an
intention to reside in a fixed place but also personal presence in that place, coupled with conduct indicative of such
intention. Domicile denotes a fixed permanent residence to which when absent for business or pleasure, or for like
reasons, one intends to return (Pundaodaya v Comelec)

vii. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.

viii. There exists no presumption that a person is entitled to vote and that the burden is in the voter to prove that
he has the qualifications and none of the disqualifications prescribed by law (U.S. v. Tria)

Any person who transfers residence to another city, municipality or country solely by reason of his occupation;
profession; employment in private or public service; educational activities; work in military or naval reservations;
service in the army, navy or air force; the constabulary or national police force; or confinement or detention in
government institutions in accordance with law, shall be deemed not to have lost his original residence (Sec. 117,
OEC).

Disqualifications:

(Sec. 118, OEC)

1. Person convicted by final judgment to suffer imprisonment for not less than 1 year, unless pardoned or granted
amnesty; but right is reacquired upon expiration of 5 years after service of sentence;

2. Person adjudged by final judgment as having committed any crime involving disloyalty to government or any crime
against national security; but right is reacquired upon expiration of 5 years after service of sentence; and

3. Insane or incompetent persons as declared by competent authority.

Registration of Voters

In order that a qualified elector may vote in any election, plebiscite or referendum, he must be registered in the
permanent list of voters for the city or municipality in which he resides (Sec. 115, OEC).

Registration does not confer the right to vote; it is but a condition precedent to the exercise of the right. Registration
is a regulation, not a qualification (Yra v. Abano)

System of Continuing Registration The personal filing of application of registration of voters shall be conducted
daily in the office of the Election Officer during regular office hours. No registration shall, however, be conducted
 during the period starting one hundred twenty (120) days before a regular election and ninety (90) days before a special
election (Sec. 8, R.A. 8189).

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Election Law Reviewer

Congress itself has determined that the period of 120 days before a regular election and 90 days before a special
election is enough time for the COMELEC to make ALL the necessary preparations with respect to the coming
elections including:

I Completion of project precincts, which is necessary for the proper allocation of official ballots, election returns and
other election forms and paraphernalia;

I Constitution of the Board of Election Inspectors, including the determination of the precincts to which they shall be
assigned;

I Finalizing the Computerized Voters List;

I Supervision of the campaign period; and

I Preparation, bidding, printing and distribution

of Voters Information Sheet. Such determination of Congress is well within the ambit of its legislative power, which
this Court is bound to respect. (Kabataan Party- list Representative Raymond Palatino v. Commission on Elections)

I Disqualification The same grounds for the disqualifications for suffrage.

I Illiterate or Disabled Voters may register with the assistance of the Election Officer or any member of
an accredited citizens arms; application for registration may be prepared by any relative within the fourth civil degree
of consanguinity or affinity or by the Election Officer or any member of an accredited citizens arms using the data
supplied by the applicant (Sec. 14, R.A. 8189). An ILLITERATE OR DISABLED PERSON refers to one who cannot
by himself prepare an application for registration because of his physical disability and/or inability to read and write
(Sec. 3, R.A. 8189) No voter shall be allowed to vote as illiterate or person with disability / disabled, unless such fact is
indicated in the EDCL or the Voters

Registration Record (Sec. 30, Comelec Instructions to the BEI, December 29, 2009)

Election Registration Board There shall be in each city and municipality as many Election Registration Boards
as there are election officers therein; shall be composed of the Election Officer as chairman and as members, the public
school official most senior in rank and the local civil registrar, or in his absence, the city or municipal treasurer. No
member of the Board shall be related to each other or to any incumbent city or municipal elective official within the
fourth civil degree of consanguinity or affinity (Sec. 15, R.A. 8189).

Challenges to Right to Register Any voter, candidate or representative of a registered political party may
challenge in writing any application for registration, stating the grounds therefor. The challenge shall be under oath and
be attached to the application, together with the proof of notice of hearing to the challenger and the applicant.
Oppositions to contest a registrants application for inclusion in the voters list must, in all cases, be filed not later than
the second Monday of the month in which the same is scheduled to be heard or processed by the Election Registration
Board. The hearing on the challenge shall be heard on the third Monday of the month and the decision shall be
rendered before the end of the month (Sec. 18, R.A. 8189).

Deactivation of Registration The board shall deactivate the registration and remove the registration records of
the following persons from the corresponding precinct book of voters and place the same, properly marked and dated
in indelible ink, in the inactive file after entering the cause or causes of deactivation:

a. Any person who has been sentenced by final judgment to suffer imprisonment for not less than one (1) year, such
disability not having been removed by plenary pardon or amnesty: Provided, however, That any person disqualified to
vote under this paragraph shall automatically reacquire the

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b. Any person who has been adjudged by final judgment by a competent court or tribunal of having caused/committed
any crime involving disloyalty to the duly constituted government such as rebellion, sedition, violation of the anti-
subversion and firearms laws, or any crime against national security, unless restored to his full civil and political rights
in accordance with law; Provided, That he shall regain his right to vote automatically upon expiration of five (5) years
after service of sentence;

c. Any person declared by competent authority to be insane or incompetent unless such disqualification has been
subsequently removed by a declaration of a proper authority that such person is no longer insane or incompetent;

d. Any person who did not vote in the two successive preceding regular elections as shown by their voting records. For
this purpose, regular elections do not include the Sangguniang Kabataan (SK) elections;

e. Any person whose registration has been ordered excluded by the Court; and

f. Any person who has lost his Filipino citizenship (Sec. 27, R.A. 8189).

Reactivation of Registration Any voter whose registration has been deactivated pursuant to the preceding
Section may file with the Election Officer a sworn application for reactivation of his registration in the form of an
affidavit stating that the grounds for the deactivation no longer exist any time but not later than one hundred twenty
(120) days before a regular election and ninety (90) days before a special election. The Election Officer shall submit
said application to the Election Registration Board for appropriate action (Sec. 28, R.A. 8189).

Preparation and Posting of the Certified List of Voters The Board shall prepare and post certified list of voters
ninety (90) days before a regular election and sixty (60) days before a special election and furnish copies thereof to the
provincial, regional and national central files. Copies of the certified list, along with a certified list of deactivated
voters categorized by precinct per barangay, within the same period shall likewise be posted in the office of the
Election Officer and in the bulletin board of each city/municipal hall. Upon payment of the fees as fixed by the
Commission, the candidates and heads of registered political parties shall also be furnished copies thereof (Sec. 30,
R.A. 8189).

Inclusion and Exclusion Proceedings: COMELEC has no jurisdiction to resolve the issue regarding the right to vote,
the same being cognizable by the courts in the proceedings for the exclusion or inclusion of voters (Canicosa v.
COMELEC).

Common Rules Governing Judicial Proceedings in the Matter of Inclusion, Exclusion and Correction of
Names of Voters (Sec. 32, R.A. 8189):

a. Petition for inclusion, exclusion or correction of names of voters shall be filed during office hours;

b. Notice of the place, date and time of the hearing of the petition shall be served upon the members of the Board and the
challenged voter upon filing of the petition;

c. A petition shall refer only to one (1) precinct and shall implead the Board as respondents;

d. No costs shall be assessed against any party in these proceedings. However, if the court should find that the application
has been filed solely to harass the adverse party and cause him to incur expenses, it shall order the culpable party to
pay the costs and incidental expenses;

e. Any voter, candidate or political party who may be affected by the proceedings may intervene and present his
evidence;

f. The decision shall be based on the evidence presented and in no case rendered upon a

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Election Law Reviewer

stipulation of facts. If the question is whether or not the voter is real or fictitious, his non- appearance on the day set for
hearing shall be prima facie evidence that the challenged voter is fictitious; and

g. The petition shall be heard and decided within ten (10) days from the date of its filing. Cases appealed to the
Regional Trial Court shall be decided within ten (10) days from receipt of the appeal. In all cases, the court shall decide
 these petitions not later than fifteen (15) days before the election and the decision shall become final and executory.

I Jurisdiction in Inclusion and Exclusion Cases The Municipal and Metropolitan Trial Courts shall have
ORIGINAL AND EXCLUSIVE jurisdiction over all cases of inclusion and exclusion of voters in their respective cities
or municipalities. Decisions of the Municipal or Metropolitan Trial Courts MAY BE APPEALED by the aggrieved
party to the Regional Trial Court within five (5) days from receipt of notice thereof. Otherwise, said decision shall
become final and executory. The regional trial court shall decide the appeal within ten (10) days from the time it is
received and the decision shall immediately become final and executory. No motion for reconsideration shall be
entertained (Sec. 33, R.A. 8189). It is not within the competence of the trial court, in exclusion proceedings, to declare
the challenged voter as a resident of another municipality. The jurisdiction of the trial court is limited only to
determining the right of the voter to remain in the list of voters or to declare that the challenged voter is not qualified to
vote in the precinct in which he is registered, specifying the ground for the voters disqualification. (Domino v
Comelec)

I Petition for Inclusion Any person whose application for registration has been disapproved by the Board
or whose name has been stricken out from the list may file with the court a petition to include his name in the
permanent list of voters in his precinct at any time except one

hundred five (105) days prior to a regular election or seventy-five (75) days prior to a special election. It shall be
supported by a certificate of disapproval of his application and proof of service of notice of his petition upon the Board.
The petition shall be decided within fifteen (15) days after its filing (Sec. 34, R.A. 8189).

Petition for Exclusion: Any registered voter, representative of a political party or the Election Officer, may file
with the court a sworn petition for the exclusion of a voter from the permanent list of voters giving the name, address
and the precinct of the challenged voter at any time except one hundred (100) days prior to a regular election or sixty-
five (65) days before a special election. The petition shall be accompanied by proof of notice to the Board and to the
challenged voter and shall be decided within ten (10) days from its filing (Sec. 35, R.A. 8189).

Annulment of Book of Voters: The Commission shall, upon verified petition of any voter or election officer or duly
registered political party, and after notice and hearing, annul any book of voters that is not prepared in accordance with
the provisions of this Act or was prepared through fraud, bribery, forgery, impersonation, intimidation, force or any
similar irregularity, or which contains data that are statistically improbable. No order, ruling or decision annulling a
book of voters shall be executed within ninety (90) days before an election (Sec. 39, R.A. 8189).

The annulment of the list of voters shall not constitute a ground for a pre-proclamation contest (Ututalum v.
COMELEC).

Overseas Absentee Voting Act (R.A. 9189)

Absentee voting- the process by which ratified citizen of the Philippines abroad exercises their right to vote. (Sec. 3)

Overseas Absentee Voter" refers to a citizen of the Philippines who is qualified to register and vote under this Act, not
otherwise disqualified by

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law, who is abroad on the day of elections. (Sec. 3)

Coverage: All citizens of the Philippines abroad, who are not otherwise disqualified by law, at least 18 years of age,
may vote for President, Vice- President, Senators, and Party-list Representatives.

Disqualifications:

(Sec. 5)

1. Those who have lost their Filipino citizenship in accordance with Philippine laws;

2. Those who have expressly renounced their Philippine citizenship and who have pledged allegiance to a foreign
country;

3. Those who have committed and are convicted in a final judgment by a court or tribunal of an offense punishable by
imprisonment of not less than one (1) year, including those who have committed and been found guilty of Disloyalty as
defined under Article 137 of the Revised Penal Code, such disability not having been removed by plenary pardon or
amnesty; Provided, however, That any person disqualified to vote under this subsection shall automatically acquire the
right to vote upon expiration of five (5) years after service of sentence; Provided, further, That the Commission may
take cognizance of final judgments issued by foreign courts or tribunals only on the basis of reciprocity and subject to
the formalities and processes prescribed by the Rules of Court on execution of judgments;

4. An immigrant or a permanent resident who is recognized as such in the host country, unless he/she executes, upon
registration, an affidavit prepared for the purpose by the Commission declaring that he/she shall resume actual physical
permanent residence in the Philippines not later than three (3) years from approval of his/her registration under this
Act. Such affidavit shall also state that he/she has not applied for citizenship in another country. Failure to return

shall be the cause for the removal of the name of the immigrant or permanent resident from the National Registry of
Absentee Voters and his/her permanent disqualification to vote in absentia.

5. Any citizen of the Philippines abroad previously declared insane or incompetent by competent authority in the
Philippines or abroad, as verified by the Philippine embassies, consulates or Foreign Service establishments concerned,
unless such competent authority subsequently certifies that such person is no longer insane or incompetent.

Personal Overseas Absentee Registration. Registration as an overseas absentee voter shall be done in person. (Sec. 6)

The embassies, consulates and other foreign service establishments shall transmit within (5) days from receipt the
accomplished registration forms to the Commission, after which the Commission shall coordinate with the Election
Officer of the city or municipality of the applicants stated residence for verification, hearing and annotation in the
permanent list of voters. (Sec. 6)

The overseas absentee voter shall personally accomplish his/her ballot at the embassy, consulate or other foreign
service establishment that has jurisdiction over the country where he/she temporarily resides or at any polling place
designated and accredited by the Commission. (Sec. 16(2)

The overseas absentee voter shall cast his ballot, upon presentation of the absentee voter identification card issued
by the Commission, within thirty (30) days before the day of elections. In the case of seafarers, they shall cast their
ballots anytime within sixty (60) days before the day of elections as prescribed in the Implementing Rules and
Guidelines. (Sec. 16(3)

Case Digest:Overseas Absentee Voting

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Election Law Reviewer

Petitioners are dual citizens whose applications for overseas absentee voting pursuant to The Overseas Absentee Voting
Act were denied by the COMELEC due to lack of residency requirement as provided by Sec. 1, Art. V of 1987
Philippine Constitution.

WON the act of COMELEC is valid.Section 2, Article V is the exception to the residency requirement found in section
1 of the same article. Provided the duals meet the requirements under section 1 in relation to R.A. 8189, they should
not be denied the right of suffrage as an overseas absentee voter. (Lewis vs. COMELEC)

Registration of voters

Petitioner sought to direct the COMELEC to conduct a special registration of new voters within 120 days before the
May 14, 2001 General Elections.WON the petition may be granted.

The exercise of right to suffrage is subject to existing substantive and procedural requirements. Sec. 8, R.A. 8189
provides that no registration shall be conducted during the period within 120 days before a regular election and 90 days
before a special election. (Akbayan-Youth vs. COMELEC)

Local Absentee Voting (E.O. 157)

Any person who by reason of public functions and duties, is not in his/her place of registration on election day, may
vote in the city/municipality where he/she is assigned on election day: Provided, That he/she is a duly registered voter.
(Sec. 1)

Thirty (30) days before the election, the appropriate head of office shall submit to the Commission on Elections a list
of officers and employees of the office who are registered voters, and who, by reason of their duties and functions, will
be in places other than their place of registration, and who desire to exercise their right to vote, with the request that
said officers and employees be provided with application forms to cast absentee ballots in their place of assignment.

The list and the request shall be under oath. (Sec. 2)

Upon verification of the applications, the Commission shall transmit the exact number of absentee ballots to
10

the appropriate head of the government office for distribution to the applicants. (Sec. 5)

The voters who cast absentee votes shall vote one week before election day. (Sec. 8)

The Commission on Elections shall canvass the votes cast by absentee voters and shall add the results of the same to
the votes reported throughout the country. (Sec. 10)