XXX Ballots Which Contain Prefixes Such As "Sir", "MR.", "Datu", "Don", "Ginoo", "Hon.", "Gob". or Suffixes Like "Hijo", "JR.", "Segundo", Are Valid XXX

1.
Sofia who graduated first honor in kinder garteen but was not able to go to elementary came to
you for advice, she want to vote this coming election because his brother is running for the
mayoralty race. What will be your advice for him to become a registered voter?
Answer: I will advise sofia that she can register as a voter even if she is considered illiterate.
Literacy is not a requirement or essential in order for an individual to be a voter.
As per the provision provides a voter must be:
 A Filipino citizen
 At least 18 years old on or before Election Day
 A resident of the Philippines for at least 1 year
 A resident of the place where you intend to vote for at least 6 months preceding
Election Day
Must not have been:
 Sentenced by final judgment to suffer imprisonment for at least 1 year

 Adjudged by final judgment for committing any crime of disloyalty to the government or
against national security
 Declared insane or incompetent by a competent authority
2. When an appointive officer and an elected officer deemed resign?

 Any person holding a public appointive office or position shall be considered ipso facto
resigned from his office upon the filing of his certificate of candidacy.
 Any elected officer is deemed considered resigned only upon the start of the campaign
period corresponding to the positions for which they are running. Except for president
and vice president.
3. Prefix Atty. Whether should be counted in favor of a lawyer candidate.

 The BET shall observe the following rules for the appreciation of ballots as provided for
in Section 211 of BP Blg. 881, bearing in mind that the objective of the election is to
obtain the expression of the voters’ will:
xxx Ballots which contain prefixes such as “Sir”, “Mr.”, “Datu”, “Don”, “Ginoo”,
“Hon.”, “Gob”. Or suffixes like “Hijo”, “Jr.”, “Segundo”, are valid;xxx
4. Emano case in running as a mayor in cdo while a governor or Misamis Oriental regarding
residency requirement.
 Torayno v. COMELEC
G.R. NO. 137329 (August 9, 2000)
FACTS: This case involves a petition for quo warranto filed against the respondent on
the ground that he was not able to fulfill the requirement of residency of 1-yr in
Cagayan de Oro City when he ran for mayor. Respondent previously served as governor
of Misamis Oriental for 3 consecutive terms before he registered as a voter in Cagayan
de Oro City and subsequently ran for mayor.
HELD: Respondent was able to fulfill the residency requirement needed for him to
qualify as a mayoralty candidate. He bought a house in Cagayan de Oro City in 1973. He
actually resided there before he registered as a voter in that city in 1997.
 Qualifications for Philippine Local Officials:

1. citizen of the Philippines
2. on the day of election at least 23 years old for Governor, Vice-Governor,
member of sangguniang panlalawigan, mayor, vice-mayor, sangguniang panglungsond
in highly urbanized cities; while at least 21 years old for the said officials in component
cities and municipalities; at least 18 years old for members of the sangguniang
panglungsod, sangguniang bayan and sangguniang barangay and punong barangay; at
least 15 years old and not more than 21 years of age for Sangguniang kabataan.
3. able to read and write FIlioini or any other local language or dialect
4. registered voter in the constituency in the locality
5. resident thereof for a period of not less than 1 year immediately preceding the
day of the election
5. Effect of naturalization to the citizenship of the candidate.

 Renounce his Philippine Citizenship. Dual Allegiance not eligible as governor.
6. Effect of filling a certificate of candidacy and taking an oath to the dual citizenship of the
candidate.
 Ex. Yes. Florencia is disqualified, being a dual citizen by virtue of her marriage, upon
filing his candidacy and taking his oath to renounce her Zimbabwe citizenship, she
reacquired his Filipino citizenship which was not abandoned upon her marriage to a
Zimbabwe national, however her continued use of her passport, such disqualified her. A
passport is indicative that the issuing state recognized the person as its national. Dual
citizenship is one of the grounds for disqualification of a candidate.
7. No, a petition to disqualify Maria Takilid is not tenable – A person convicted of election offenses
and made to suffer a sentence of more than one year is qualified of running for any elective
possession except when he is granted by president absolute pardon.
8. Effect of pardon of the president to the right of suffrage and the right to run for elective office.
 Articles 36 and 41 of the Revised Penal Code
ART. 36. Pardon; its effects.– A pardon shall not work the restoration of the right to hold
public office, or the right of suffrage, unless such rights be expressly restored by the
terms of the pardon.
A pardon shall in no case exempt the culprit from the payment of the civil indemnity
imposed upon him by the sentence.
9. Jurisdiction of Election protest.

 Regional trial courts shall have exclusive original jurisdiction over all election contests
involving elective municipal officials.
 Municipal trial courts shall have exclusive original jurisdiction over all election contests
involving elective barangay officials.
10. No. the postponement of election does not extend the filing of certificate of candidacy.
11. Rule on substitution of candidacy like what Digong did in the presidential election.
 Section 19 of the resolution said an official candidate of a duly registered political party
(PP) or coalition, who dies, withdraws or is disqualified for any cause after the last day
for the filing of Certificate of Candidacies (COCs) which is October 12 may be substituted
by a candidate belonging to, and nominated by the same PP or Coalition.
The law says, however, that no substitute shall be allowed for any independent
candidate.
“The substitute of a candidate who has withdrawn may file a COC for the Office affected
on or before December 10, 2015 so that the name of the substitute will be reflected on
the official ballots,” Section 19 said.
During the second period, there is no substitution due to withdrawal shall be allowed
after December 10, 2015.
Section 19 provides that the substitute for a candidate who died or is disqualified by
final judgment, may file a COC from December 11, 2015 up to mid-day of election day;
provided that, the substitute and the substituted have the same surnames.
“If the death or disqualification should occur between the day before the election and
mid-day of Election Day, the substitute candidate may file a COC with any Board of
Election Inspectors, Election Officers, Provincial Election Supervisor or Regional Election
Director, as the case may be, in the political subdivision where such person is a
candidate, or in the case of a candidate for President, Vice-President or Senator, with
the Law Department; Provided that, the substitute and the substituted candidate have
the same surnames,” the law said.
12. Ground for a proclamation controversy.
 Sec. 243. Issues that may be raised in pre-proclamation controversy. - The following
shall be proper issues that may be raised in a pre-proclamation controversy:
1. Illegal composition or proceedings of the board of canvassers;
2. The canvassed election returns are incomplete, contain material defects, appear to
be tampered with or falsified, or contain discrepancies in the same returns or in
other authentic copies thereof as mentioned in Sections 233, 234, 235 and 236 of
this Code;
3. The election returns were prepared under duress, threats, coercion, or intimidation,
or they are obviously manufactured or not authentic; and
4. When substitute or fraudulent returns in controverted polling places were

canvassed, the results of which materially affected the standing of the aggrieved
candidate or candidates.
13. No. if the candidate who obtains the highest number of votes was subsequently disqualified as a
candidate, the candidate who obtained the second highest number of votes cannot ask to be
proclaimed because votes of a disqualified as a candidate is valid and the second did not get the
highest
number of vote, the rule on succession will apply.

XXX Ballots Which Contain Prefixes Such As "Sir", "MR.", "Datu", "Don", "Ginoo", "Hon.", "Gob". or Suffixes Like "Hijo", "JR.", "Segundo", Are Valid XXX

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1.

Must not have been:

 Sentenced by final judgment to suffer imprisonment for at least 1 year

2. When an appointive officer and an elected officer deemed resign?

3. Prefix Atty. Whether should be counted in favor of a lawyer candidate.

 Qualifications for Philippine Local Officials:

5. Effect of naturalization to the citizenship of the candidate.

9. Jurisdiction of Election protest.

1. Illegal composition or proceedings of the board of canvassers;

4. When substitute or fraudulent returns in controverted polling places were

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