Atty. Pacis Election Syllabus 2022 2023

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SAN BEDA UNIVERSITY


College of Law

COURSE SYLLABUS

COURSE CODE:
COURSE TITLE: ELECTION LAW
COURSE CREDIT: 1 unit
COURSE PREREQUISITE/S:
FACULTY: Atty. Czarina Maybellyne V. Pacis
EMAIL ADDRESS: cmvpacis@sanbeda.edu.ph
TERM/ACADEMIC YEAR: Second Semester / School Year 2022-2023
DAY/TIME/ROOM/SECTION:
COURSE DELIVERY MODE: Full Online
CONSULTATION DAY/TIME:

COURSE DESCRIPTION:
A comprehensive study of the legal framework surrounding suffrage, the qualifications
and rights of voters, candidates, the powers of the Commission on Elections, as well as
the various election actions and remedies.

COURSE GOALS: Expected College of Law Graduate Attributes (ELGAs)

Know and understand the relevant provisions of the 1987 Constitution, the Omnibus
Election Code and various election laws and jurisprudence, memorize provisions,
develop critical and analytical thinking, effective in written and oral communication,
logical reasoning, sound judgment, and exercise of proper professional and ethical
responsibilities.

LEARNING OBJECTIVES/OUTCOMES (LOs):

1. Knowledge/Remembering: define, list, recognize


2. Comprehension/Understanding: describe, explain, identify, recognize
3. Application/Applying: choose, demonstrate, implement, perform
4. Analysis/Analyzing: analyze, categorize, compare, differentiate
5. Evaluation/Evaluating: assess, critique, evaluate, rank, rate
6. Synthesis/Creating: construct, design, formulate, organize, synthesize

Upon completion of the course, the student is expected to be able to:


Expected College of
Law Graduate LEARNING OUTCOMES (LOs)
Attributes (ELGAs)
Critical and analytical LO1. Explain, during class recitation and discussion the following:
thinking suffrage, political parties, candidates, and election remedies
Effective in written and
oral communication
Logical reasoning
Sound judgment
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Exercise of proper LO2. Analyze the practical implications of current and proposed statutes,
professional and regulations, judicial rulings, legal arguments, and strategies to the
ethical responsibilities workings and operation of the government.

LO3. Assess the legality of current and proposed governmental action in


consideration of the policies sought to be achieved.

LO4. Utilize legal research tools to gather information that aids in the
analysis of legal issues in submitting Position Paper that could serve as a
basis of governmental policies.

ASSESSMENT/GRADING SYSTEM:

The student will be graded according to the following:

Percentage
Requirements (Based on the Learning Outcomes) Scope of Work (Weight is based on
(Individual) the importance
of the LO)
LO1 Class recitations, Quizzes, Case Digests, Individual
LO2 and discussion Individual
LO3 Individual
LO4 - - Research Paper, Case Study Individual

Class standing before Midterms Individual 16.67%


Midterm Exams Individual 16.67%
Class Standing after Midterms Individual 33.33%
Final Exams Individual 33.33%
TOTAL 100

LEARNING PLAN:
Design or the structure of the course that includes content/topics to be covered; learning
resources to be used; weekly schedule of the topics to be taken up; and the learning methods to
be utilized that are most likely to lead students towards the goals and learning outcomes that
were defined.

TOPIC/CONTENT LEARNING RESOURCES WEEK/ LEARNING


(arrangement or sequence of (print and non-print materials and DATE METHODS
the major topics is based on a online/ open-access resources) (activities designed
(Schedule
logical order) of each or deployed by the
Topic) teacher to bring
about, or create the
conditions for
learning)
Course Introduction
Course Overview Syllabus January Lecture
Course Assignments 16-20, Discussion
Course Requirements 2023

MODULE 1: Ÿ Recitation
• 1987 Constitution, Article V January 23 Ÿ Case study &
Election Law – General and Article IX-C reporting
-
Principles Ÿ Discussion
February 3
• Republic Acts Ÿ Quiz
A. Basic Concepts
• Textbooks
1. Suffrage
• Supreme Court Decisions:
2. Election
3. Plebiscite
4. Initiative
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5. Referendum Ø Automated Election


System
6. Recall 1. Center for People
Empowerment in Governance
B. Constitutional vs. COMELEC, GR No.
Mandate on 189546, September 21, 2010
Congress [Sec. 2, Art. 2. Bagumbayan VNP vs.
V] COMELEC, GR No. 222731,
1. The Automated March 8, 2016
Election System
(AES) [R.A. 8436, as
amended by R.A. Ø Powers of the Commission
9369] – on Election

a. Basic Concepts ü En Banc vs. Division


3. Ibrahim vs. COMELEC,
i. AES GR No. 192289, January
ii. Electronic 14, 2013
transmission
iii. Official ballot ü Rules of Procedure
iv. Election returns 4. Jaramilla v. COMELEC,
v. Statement of votes GR No. 155717, October
vi. City/municipal/ 23 2003
district/provincial 5. Hayudini v. COMELEC,
certificate of canvass
vii. Paper-based election G.R. No. 207900, 22 April
system 2014;
viii. Direct recording
electronic election
system ü Review by Supreme Court
ix. Source code 6. Diocese of Bacolod v.
COMELEC, G.R. No.
205720, 21 January 2015;
b. Minimum System
Capabilities [Sec 6,
RA 8436, as amended] ü Enforce and
Administer All Laws
7. Lokin v. COMELEC, G.R.
2. Overseas Absentee No. 193808, 26 June 2012;
Voting (OAV) 8. Cagas v. COMELEC, G.R.
[Republic Act No. No. 209185, 25 October
9189, as amended by
RA 10590] 2013;
9. National Press Club v.
COMELEC, 207 SCRA 1;
10. Chavez v. COMELEC, G.R.
C. Election Period No. 162777, 31 August 2004;
11. Philippine Press
D. Commission on
Elections Institute v.
COMELEC,244 SCRA 272;
12. SWS v. COMELEC, G.R.
No. 147571, 5 May 2001;
13. Sanidad v.
COMELEC, 181 SCRA 529;
14. GMA Network v. COMELEC,
G.R. No. 205357, 2 September
2014

ü All Questions
Affecting Elections
15. Cawasa v. COMELEC,
G.R. No. 150469, 3 July
2002;
16. Dumarpa v. COMELEC,
G.R. No. 192249, 2 April
2013;
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WEEK/ LEARNING
LEARNING RESOURCES METHODS
TOPIC/CONTENT DATE (activities
(arrangement or sequence (print and non-print materials and (Schedule designed or
of the major topics is based online/ of each deployed by the
on a logical order) open-access resources) Topic) teacher to bring
about, or create
the conditions for
learning)
MODULE 2: • 1987 Constitution, Article V Ÿ Recitation
February Ÿ Case study &
Voters: Qualification • Omnibus Election Code (Batas reporting
and Registration 6 - 17
Pambansa Blg. 881), Sections 113- Ÿ Discussion
148, Article XII Ÿ Quiz
A. Qualifications [Sec. 1,
Art. V, 1987 • Republic Act No. 9189, as amended
Constitution]:
1. Overseas Absentee • Republic Act 7166
Voting under R.A.
9189, as amended • Republic Act 8189
2. Domestic Absentee
Voting under Sec. • Republic Act 10367
12, R.A. 7166
• COMELEC Resolution No.
B. Disqualifications: 9371, 6 March 2012;
COMELEC Resolution No.
C. Persons Deprived of 10482, 16 January 2019;
Liberty/Detainee
Voting COMELEC Resolution No.
10483, 18 January 2019;
D. Registration of Voters
• Textbooks
1. Deactivation
of Registration • Supreme Court Decisions:
2. Reactivation Ø Registration of Voters
of Registration
17. Akbayan Youth v.
3. Cancellation COMELEC, G.R. No.
of Registration 147066, 26 March 2001
E. Inclusion and
Exclusion
Proceedings; Ø Inclusion/Exclusion Proceedings
Correction of Names: 18. Asistio v. Trinidad-Pe
Aguirre, G.R. No.
1. Common Rules 191124, 27 April 2010;
2. Jurisdiction

3. Petition for Ø Annulment of Book of


Inclusion Voters

4. Petition for 19. Ututalum v.


COMELEC, 181 SCRA 335
Exclusion
5. Reinstatement
or Correction of
Name
6. Annulment of
Book of Voters
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LEARNING
WEEK/ METHODS
TOPIC/CONTENT LEARNING RESOURCES DATE (activities
(arrangement or sequence (print and non-print materials and (Schedule designed or
of the major topics is based online/ of each deployed by the
on a logical order) open-access resources) Topic) teacher to bring
about, or create
the conditions for
learning)
MODULE 3 Ÿ Recitation
• Batas Pambansa Blg. 881: February 20 Ÿ Case study &
Candidates and Certificates of Ø Section 12, Article II – March 24 reporting
Candidacy Ø Sections 63-78, Article IX Ÿ Discussion
Ø Sections 261, 262 and 264, Ÿ Quiz
A. Candidates Article XXII

1. Qualifications • Republic Act No. 6646

2. Disqualifications • Republic Act No. 7160,


Section 40
a. Personal • Republic Act No. 8189
Circumstances
under Secs. 12 and • Republic Act No. 8436, as
68, B.P. 881: amended by RA 9369

b. Sec. 40, R.A. 7160 • Textbooks

c. Committed Acts • Supreme Court Decisions


Related to Election
[Sec. 68, BP
881]
Ø Qualifications/
Disqualifications of
B. Certificate of Candidacy Candidates
(COC) 20. Frivaldo v.
COMELEC, 174
SCRA 245;
1. Deadline for Filing 21. Labo v. COMELEC, 176
[Sec. 15, R.A. 8436, as SCRA 1;
amended by R.A. 9369] 22. Rommel Apolinario
Jalosjos v.
2. Effect of Filing – [3rd par COMELEC, G.R. No.
Sec. 15, R.A. 8436, 191970, 24 April 2012;
as amended by R.A. 9369] 23. Svetlana Jalosjos v.
COMELEC, G.R. No.
193314, 26 February 2013;
3. Formal Defects in the COC 24. Vidal v. COMELEC, G.R.
No. 206666, 21 January
2015;
4. COC as Substitute [Sec. 25. Caasi v. COMELEC, 191
77, B.P. 881] SCRA 229;
26. Moreno v.
5. Filing of Two COCs COMELEC, G.R. No.
[Sec. 73, B.P. 881] 168550, 10 August 2006;
27. Sobejana-Condon v.
6. Duty of the COMELEC COMELEC, G.R. No.
[Sec. 76, B.P. 881] 198742, 10 August 2012;
28. Maquiling v.
a. Nuisance Candidates COMELEC, G.R. No.
[Sec. 69, B.P. 881; Sec. 5, 195649, 16 April 2013;
R.A. 6646] 29. Marquez v. COMELEC,
b. Petition to Deny 243 SCRA 538;
Due Course or to Cancel 30. Ejercito v. COMELEC, GR
[Sec. 78, B.P. 881; 212398, 25 Nov 2014
Sec 7, RA 6646]
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WEEK/ LEARNING
LEARNING RESOURCES METHODS
TOPIC/CONTENT DATE
(print and non-print materials (activities
(arrangement or sequence (Schedule
and online/ designed or
of the major topics is based of each
open-access resources) deployed by
on a logical order) Topic) the teacher
to bring
about, or
create the
conditions
for learning)
7. Effect of Cancelled COC
Ø Certificate of Candidacy
31. Penera v. COMELEC, G.R.
No. 181613, 25 November 2009;

32. Quinto v. COMELEC, G.R.


No. 189698, 22 February 2010;

33. Amora v. COMELEC, G.R.


No. 192280, 25 January 2011;

34. Federico v. COMELEC,


G.R. No. 199612, 22 January
2013;

35. Tagolino v. HRET,


G.R. No. 202202, 19 March
2013;

36. Cerafica v. COMELEC,


G.R. No. 205136, 2 December
2014;

37. Aratea v. COMELEC, G.R.


No. 195229, 9 October 2012;

Ø Duty of COMELEC re
COCs
38. Abcede v. Imperial, 103 Phil.
136;

39. Loreto-Go v. COMELEC,


G.R. No. 147741, 10 May 2001;

40. Romeo Jalosjos v.


COMELEC, G.R. No. 205033,
18 June 2013;

41. Timbol v. COMELEC, G.R.


No. 206004, 24 February 2015;

42. Martinez v. HRET,


G.R. No. 189034, 11 January
2010

43. Dela Cruz v. COMELEC,


G.R. No. 192221, 13 November
2012;

44. Villafuerte v. COMELEC,


G.R. No. 206698, 25 February
2014;
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45. Hayudini v. COMELEC,


G.R. No. 207900, April 22, 2014;

46. Jalover v. Osmeña, G.R. No.


209286, 23 September 2014;

47. Codilla v. COMELEC, G.R.


No. 150605, 10 December 2002;

48. Mitra v. Commission on


Elections, G.R. No. 191938, 2
July 2010;

49. Munder v. COMELEC,


G.R. No. 194076, 19 October
2011;

50. Talaga v. COMELEC, G.R.


No. 196804, 9 October 2012;

51. Poe-Llamanzares v.
COMELEC, G.R. Nos. 221697,
221698-700, 8 March 2016;

52. Francisco v. COMELEC,


G.R. No. 230249, 24 April 2018;

MIDTERMS
EXAMINATIONS MARCH 27 – APRIL 1, 2023
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WEEK/ LEARNING
LEARNING RESOURCES METHODS
TOPIC/CONTENT DATE (activities
(arrangement or sequence of (print and non-print materials (Schedule designed or
the major topics is based on a and online/ of each deployed by the
logical order) open-access resources) Topic) teacher to bring
about, or create
the conditions
for learning)
MODULE 4 • Republic Act 7166 Ÿ Recitation
April 10 - 28 Ÿ Case study &
Campaign, Voting, Canvass • Republic Act No. 8436 reporting
and Proclamation Ÿ Discussion/le
• Republic Act 9006 cture
Ÿ Quiz
I. Campaign, Election • Batas Pambansa Blg. 881:
Propaganda, Contributions and
Expenses Ø Sections 79 to 112
A. Election Campaign or Ø Sections 164 to 180
Partisan Political Activity Ø Sections 210 to 211
[Sec. 79, B.P. 881] Ø Sections 221 to 240

1. Premature campaigning • Textbooks


[Sec. 80, B.P. 881, in
relation to Sec. 15, R.A. • Supreme Court Decisions:
8436, as amended by
R.A. 9369]
53. Penera v. COMELEC,
2. Prohibition on members G.R. No. 181613, 25
of the Civil Service November 2009;
[Sec. 2(4), Art. IX-B].
54. Ejercito v.
3. Public rally [Sec. 88, COMELEC, G.R. No.
212398, 25 November
B.P. 881] 2014;
B. Lawful Election Propaganda
[Sec. 82, B.P. 881 and R.A. 9006] 55. Chavez v. COMELEC,
G.R. No. 162777, 31
C. Electoral Contributions August 2004;

D. Prohibited Donations 56. Pilar vs. COMELEC, 245


SCRA 759
E. Prohibited Raising of Funds
F. Expenditures
G. Statement of Contributions and
Expenses

II. Voting and Counting of Votes


A. Board of Election Inspectors
(BEI)
1. Composition
2. Qualifications
3. Disqualifications
4. Powers of the BEI
Proceedings of the BEI
B. Casting and Counting of
Votes

1. Ballot Box [Sec. 17,


R.A 8436, as amended by
R.A. 9369]
2. Official Ballot (Sec. 15,
R.A. 8436, as amended by
R.A. 9369)
3. Procedure in Voting (Sec.
18, R.A. 8436, as amended by
R.A. 9369).
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4. Challenge of Illegal Voter


(Sec. 199, B.P. 881)

5. Preparation of Ballot for


Illiterate or Disabled (Sec.
196, B.P. 881)

C. Closing of Polls [Sec. 19,


R.A. 8436, as amended by R.A.
9369]
D. Counting Procedure (Sec. 21,
R.A. 8436, as amended by
R.A. 9369)
1. Election Returns (ERs)
(Sec. 22, R.A. 8436, as
amended by R.A.
9369)

E. Random Manual Audit (Sec.


29, R.A. 8436, as amended
by R.A. 9369]
F. Manual Elections (Secs.
210-211, B.P. 881) – under
Sec. 5, R.A. 8436, as
amended by R.A. 9369, AES
shall be implemented
nationwide in succeeding
(after 2007) national or local
election.

III. Canvass and Proclamation

A. Boards of Canvassers
(BOC)
1. Composition
a. Presidential (Sec. 27,
R.A. 8436, as amended
by R.A. 9369)
b. National (Sec. 28,
R.A. 8436, as amended
by R.A. 9369)
c. Provincial
d. City
e. Municipal

2. Prohibition

B. Canvassing and
Proclamation (Secs. 25, 27
and 28, R.A. 8436, as
amended by R.A. 9369)

C. Authentication of
Electronically Transmitted
Election Results (Sec. 30,
R.A. 8436,
as amended by R.A. 9369)

D. Printing and Distribution of


Certificates of Canvass
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WEEK/ LEARNING
LEARNING RESOURCES METHODS
TOPIC/CONTENT DATE (activities
(arrangement or sequence (print and non-print materials and (Schedule designed or
of the major topics is based online/ of each deployed by the
on a logical order) open-access resources) Topic) teacher to bring
about, or create
the conditions
for learning)

MODULE 5: • Batas Pambansa Blg. 881: May 2-26 Ÿ Recitation


Ÿ Case
Postponement and Failure of Ø Sections 5 to 6; study
Election, Post-Election Ø Sections 241 to 248; &
Actions, Election Offenses report
Ø Section 261 and 269 ing
I. Postponement and Failure Ÿ Discussion/le
of Election • Republic Act No. 7166 cture
Ÿ Quiz
II. Pre-Proclamation • Republic Act No. 6646, as
Controversy (Sec. 241, amended by Republic Act No.
B.P. 881) 9369
III. Election Contests • Supreme Court Decisions:
A. Jurisdiction
ü Declaration of Failure of
B. Actions which may be Elections
filed:
57. Sison v. COMELEC, G.R.
1. Election Protest No. 134096, 3 March 1999;
2. Quo Warranto 58. Soliva v. COMELEC, G.R.
No. 141723, 20 April 2001;
IV. Election Offenses
ü Pre-Proclamation
A. Ordinary Election Controversy
Offenses
59. Pimentel III v. COMELEC,
B. Electoral Sabotage G.R. No. 178413, 13 March
2008
C. Jurisdiction
60. Barangay Association for
National
Advancement and
Transparency (BANAT)
Party-List,
v. COMELEC, G.R. No.
177508, 7 August 2009;

61. Labao, Jr., vs.


COMELEC G.R. No.
212615, 19 July 2016

ü Election Contests
62. Jalosjos v.
COMELEC, G.R. No. 192474,
192704, 193566, 26 June 2012;

63. Reyes v. COMELEC, G.R.


No. 207264, 25 June 2013;

64. Lloren v. COMELEC, G.R.


No. 196355, 18 September
2012;

65. Rosal v. COMELEC, G.R.


No. 168253, 16 March 2007;

66. Vinzons-Chato v.
HRET, G.R. No. 199149,
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22 January 2013;

67. Maliksi v. COMELEC, G.R.


No. 203302, 12 March 2013;

68. De Castro v.
COMELEC, 267 SCRA 806;

69. Sampayan v. Daza,


213 SCRA 807;

ü Election Offenses
70. Orceo v. COMELEC, G.R.
No. 190779, 26 March 2010;

71. Causing v.
COMELEC, G.R. No. 199139,
9 September 2014

72. Arroyo v. Department of


Justice, G.R. No. 199082, 23
July 2013

FINAL
EXAMINATIONS May 29-June 3, 2023

INITIAL ASSIGNMENT FOR FIRST MEETING:


I. Read Article V and Article IX-C of the 1987 Constitution
II. Define the concepts of Suffrage, Election, Plebiscite, Initiative, Referendum,
Recall
III. Read about The Automated Election System (AES), R.A. 8436, as amended
by R.A. 9369

TEXTBOOK/REFERENCE BOOK:
1. Discretion of the Professor
2. Outline/Reviewer in Political Law, Justice Antonio Eduardo B. Nachura

POLICIES:
Policies and values that the teacher might want to communicate
through the syllabus concerning attendance, participation,
academic integrity (e.g. plagiarism, cheating, fabrication), missing
assignments, missed exams, recording classroom activities, online
behavior during synchronous sessions, etc.

1. Attendance will be checked every meeting.


2. Students are required to wear proper attire during online meetings.
3. Students who are called to recite but absent shall get a grade of 60.
4. Students who missed a quiz will get a grade of 60.
5. Students are prohibited from recording the online class as this is a violation of the
Copyright of the Professor.

Approved by:

Atty. Marciano G. Delson


Dean, College of Law

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