Info
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
a . Part of Constitution b . Separate legislation d . Regulations or administrative rules
Comments: The Constitution establishes the structure of the executive and legislative branches. Art. VI, Sec. 2 establishes the framework for the electoral system used to elect the Senate, and Sec. 5 establishes the framework for the electoral system used to elect the House of Representatives, including principles for legislative boundary delimitation.
Source: Constitution, Art. VI, Sec. 2, 5: http://www.comelec.gov.ph/?r=References/RelatedLaws/Constitution/1987Constitution (2019);
The Omnibus Election Code ("Batas Pambansa Blg. 881, s. 1985"): http://www.comelec.gov.ph/?r=References/RelatedLaws/OmnibusElectionCode (2019);
The Voter's Registration Act No. 8189 of 1996: http://www.comelec.gov.ph/?r=VoterRegistration/RelatedLaws/RA8189 (2019);
An Act Providing For Mandatory Biometrics Voter Registration (Republic Act No. 10367): http://www.comelec.gov.ph/?r=VoterRegistration/RelatedLaws/RA10367 (2019)
The Fair Elections Act No. 9006 of 2001: http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/OtherElectionLaws/RA9006(2019)
COMELEC Official Website: http://www.comelec.gov.ph/?r=References/RelatedLaws (2019)
Verified: 2019/05/02
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections b . Regional elections c . Local elections d . Referendums
Comments:
Source: The Omnibus Election Code ("Batas Pambansa Blg. 881, s. 1985"): http://www.comelec.gov.ph/?r=References/RelatedLaws/OmnibusElectionCode(2019)
Verified: 2019/05/02
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
b . Voting is compulsory and regulated in the electoral law
Comments: The Electoral Code specifies that it shall be the obligation of every citizen qualified to vote to register and cast his vote.
Source: The Omnibus Election Code ("Batas Pambansa Blg. 881, s. 1985"), Article 1, Sec. 4:http://www.comelec.gov.ph/?r=References/RelatedLaws/OmnibusElectionCode/OECArt1 (2019)
Verified: 2019/05/02
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
b . EMB c . Specially Appointed/Elected Electoral Tribunal
Comments: - Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction.
Decisions, final orders, or rulings of the Commission on election contests involving elective municipal and barangay offices shall be final, executory, and not appealable.
- The Senate and the House of Representatives shall each have an Electoral Tribunal, which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members. Each Electoral Tribunal shall be composed of nine Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining six shall be Members of the Senate or the House of Representatives, as the case may be, who shall be chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman.
Source: Constitution, Art. IX, Sec. C-2; Art. VI, Sec. 17: http://www.comelec.gov.ph/?r=References/RelatedLaws/Constitution/1987Constitution(2019)
Verified: 2019/05/02
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