As defined in Black’s Law Dictionary, election is the process of selection of one person from among several candidates to discharge certain duties in a state, corporation, or society. Stated in the context of the Philippines, it is the process by which the people choose the leaders entrusted with the powers of government, serving for a definite and fixed period of time.
Philippine election law is a highly technical legal field, covered by a variety of laws. This includes, but not limited to, the following:
- The 1987 Constitution: The fundamental law of the Philippines, outlining the country’s government structure, citizens’ rights, and national principles.
- B.P. Blg. 881 (Omnibus Election Code): A comprehensive set of laws regulating Philippine elections, covering voter registration, campaign rules, and election procedures.
- R.A. No. 6735 (1989 Initiative and Referendum Act): A law that provides guidelines for citizens to propose and enact laws through initiatives and referendums.
- R.A. No. 7160 (1991 Local Government Code): Legislation devolving powers from the national government to local government units, promoting local autonomy.
- R.A. No. 7166 (Electoral Reforms Act of 1991): A law focusing on electoral process improvements, including campaign finance regulations and expenditure limits.
- R.A. No. 7941 (1995 Party-List System Act): Legislation allowing underrepresented sectors to be represented in the House of Representatives, with rules for party-list representation.
- R.A. No. 8189 (Voter’s Registration Act of 1996): A law governing voter registration procedures, including new voter registration and transfers.:
- R.A. No. 9006 (2001 Fair Elections Act): A law regulating election campaigns and advertisements, including guidelines for campaign spending and conduct.
- R.A. No. 9189 (2003 Overseas Absentee Voting Act): Legislation allowing Filipinos abroad to vote in national elections, with procedures for overseas absentee voting.
- R.A. No. 9225 (2003 Repatriation Act): A law simplifying the process for natural-born Filipinos to reacquire Philippine citizenship.
- R.A. 8436, as amended by R.A. 9369 (Automated Election System): Legislation mandating the use of automated voting and counting machines to modernize the electoral process in the Philippines.
The 1987 Constitution, as the supreme law of the land, makes it clear that the Philippines is a democratic and republican state. Section 1, Article II, the Constitution of the Philippines states that “sovereignty resides in the people and all government authority emanates from them”. It is a democracy because the people have the power to elect their leaders through regular, free, and fair elections. It is also a republic because the head of state, the President, is elected by the people and serves a specific term in office. The term “republic” signifies that the country is not a monarchy or ruled by a hereditary leader.
In addition, Art. XI, Sec. 1 highlights that:
Public office is a public trust. Public officers and employees must, at all times, be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives.
In Villegas v. Subido, the Supreme Court reminds that:
A public officer exercises delegated powers: A public official exercises power, not rights. The government itself is merely an agency through which the will of the state is expressed and enforced. Its officers therefore are likewise agents entrusted with the responsibility of discharging its functions.
In public office, “rights” are about personal protections and freedoms, while “powers” are about the authority and responsibilities to do the job. Balancing both ensures that officials can work effectively while being protected and held accountable.
A public office is not the property of the public officer. Public officers are mere agents and not rulers of the people. Unlike royalty, the right to occupy a particular public office is also personal, and their heirs do not have the right to do so by virtue only of familial relations.
There are different modes of acquiring public office. These include appointment, direct provision of law, succession by operation of law, and election.
Appointment is when an individual is designated by a duly authorized officer, board, or body to exercise the powers and functions of a given office. Direct provision of the law is when a particular piece of legislation gives direct authority to a given individual to assume particular tasks, duties, and responsibilities, and is usually related to ex officio duties. Succession by operation of law is when a public office is obtained due to the vacancy in the latter. Lastly, election is the choice or selection of candidates to public office by popular vote through the use of the ballot.
Elections are important because they allow citizens to democratically choose public officers to represent their interests and ensure that government services are properly delivered.
Content Standards
By the end of this module, learners are expected to demonstrate an understanding of:
- analyze the nature of elections and political parties in the Philippines
- elections and political and civil society and social movements.
Performance Standards
By the end of this module, learners are expected to:
- analyze the interactions between state and society.
Most Essential Learning Competencies
This module aims to:
- analyze the nature of elections and political parties in the Philippines

Lesson 1: Elections
Lesson Objectives
At the end of the lesson, the student is expected to be able to:
- highlight the idea that public office is a public trust;
- explain why elections are an essential cornerstone of good governance; and
- discuss an overview of the election process, voting system, legal procedures and statutory requirements in the Philippines.
Study Guide Questions
- What is suffrage, when is it exercised, and what is its role in nation building?
- Can everyone vote?
- Is there a procedural requirement prior to voting and what are the other important processes?
- Who can run for public office, what are the eligibility requirements and who are those restricted?
- Do political parties exist in the Philippines?
- What is the process of running for public office?
Key Concepts
- Election – the process by which the people choose the leaders entrusted with the powers of government.
- Appointment – when an individual is designated by a duly authorized officer, board, or body to exercise the powers and functions of a given office.
- Suffrage – the right to vote.
- Political Party – an organized group of citizens advocating an ideology or platform, principles, and policies for the general conduct of government.
| Self-Evaluation Form (Part I)
Write down:
1. 3 items you already know about elections and political parties.
___________________________________________________________________
2. 2 points you want to know more about elections and political parties.
___________________________________________________________________
3. 1 question you have about elections and political parties.
___________________________________________________________________
What is suffrage and when is it exercised?
Defined simply, suffrage is the right to vote. It can be for elections, to choose leaders of the people or to determine the majority’s will in questions submitted for the decision of the people like plebiscites, referendums, initiatives, and recall.
Regular elections are those provided by law to fill certain positions after the expiration of the full term of former officers. It can be local or nationwide. Special elections, on the other hand, refers to those elections held before the expiration of the full term of the officer concerned.
Suffrage may also be exercised for plebiscites, referendums, initiatives, and recall.
- Referendums refer to the power of the people to approve or reject a legislation through an election [Sec. 3(c), R.A. No. 6735].
- Initiatives propose and enact legislation through an election called for that purpose [Sec. 3(c), R.A. No. 6735].
- Plebiscites refer to initiatives concerning amendments to the Constitution [Sec. 3(e), R.A. No. 6735].
- Recall is the termination of official relationship of a local elective official for loss of confidence prior to the expiration of their term through the will of the electorate [Sec. 69, Local Government Code].
All of these involve the right to vote of citizens. Overall, these mechanisms collectively serve as vital instruments that strengthen a nation’s democratic framework by promoting active citizen participation, ensuring government accountability, upholding democratic principles such as popular sovereignty and checks and balances, and bridging the gap between the government and the governed, ultimately fostering a more responsive and inclusive democracy where citizens have a direct role in shaping their nation’s policies and future.
Can everyone vote?
The eligibility for voting, which outlines who can participate in elections, is a fundamental element of democratic engagement. It empowers citizens to have a role in shaping their government, from choosing leaders to influencing policies. By establishing criteria like age, citizenship, and residency, it guarantees that those who vote are informed and responsible, upholding democratic values and the credibility of the government. Eligibility fosters a diverse and engaged electorate, which is essential for the effective functioning of a democracy.
Can everyone vote? No, it is only for qualified citizens of the Philippines. Foreigners living in the Philippines, despite the length of time they may be residents in the country, are not allowed political participation.
Filipino citizens have to pass the qualifications provided in Article V, Sec. 1 of the 1987 Constitution before they can exercise their right to vote. The Constitution enshrines principles of equality, fairness, and representation, ensuring that voting rights are protected and extended to all eligible citizens.
By doing so, it safeguards the integrity of the electoral process, upholds democratic values, and secures the people’s right to have a say in their government and its policies. The Constitution’s provisions on voting rights serve as the cornerstone of the Philippine democratic system, ensuring that the electoral process remains transparent, inclusive, and accountable.
According to this section, suffrage may be exercised by:
- All citizens of the Philippines, by birth or naturalization, ensure that those participating in elections have a genuine and vested interest in the nation’s future and are accountable to its laws and regulations.
- Not disqualified by law, to protect the integrity of the democratic process, maintain the credibility of election results, and ensure that those who participate in the electoral system are qualified to do so in accordance with the rule of law and democratic principles.
- At least eighteen years of age, to ensure that voters make mature decisions in choosing political leaders, as well as vote on social issues based on a sufficiently experienced perspective.
- Shall have resided in the Philippines for at least one year immediately preceding the election.
- Shall have resided in the place wherein they propose to vote for at least six months immediately preceding the election, to guarantee that they are situated in the community and are aware of local and national issues prior to the elections.
Congress may impose additional requirements on the right to vote. However, they are not allowed to impose those related to literacy, property, or other substantive requirement, as these usually translates to socioeconomic conditions which can affect poor people and underprivileged communities disproportionately, when it has little to do with, “the right of a citizen to intelligently cast his vote and to further the public good”.
Even if one has all the qualifications to vote, one must also not be disqualified to vote. These disqualifications can be temporary, meaning once a person has all of the qualifications and none of the disqualifications, they can vote again. The following are disqualified from exercising their right to suffrage:
- An individual sentenced by final judgment to suffer imprisonment of not less than 1 year. However, after 5 years, said individual reacquires the right to vote after service of sentence, or unless pardoned or enters into amnesty.
- An individual who commits crimes against national security and patrimony, including rebellion, sedition, et cetera. Similarly, after five years of service of sentence, the individual can now submit their registration again to vote.
- Insane or incompetent persons. In this instance, incompetence refers to people who are incapacitated to make decisions for themselves, including people with severe psychological or developmental disorders and disabilities.
Real-life examples of those disqualified to vote include:
- Those in prison for crimes including murder, rape, and robbery. Their commitment of a crime and being given final sentence by the court cancels their right to vote.
- Those in mental asylums and psychiatric hospitals suffering from severe disorders which impair their ability to make decisions for themselves. Letting them take part in the election may be a source of electoral malpractice especially if they are coerced or coached on whom to vote.
Filipinos abroad can vote too by virtue of R.A. 9189 or the 2003 Overseas Absentee Voting Act. In addition to being citizens, they must also be at least 18 years old, abroad on the day of the election, and not otherwise disqualified by law. Note, however, that they can only vote in elections for president, vice president, senators, and party-list representatives, as well as in all national referenda and plebiscites, but not in local elections, referendums, and initiatives.
Absentee voting plays a crucial role in democratic participation by allowing citizens living outside their home country to cast their votes in their nation of origin. The principle behind overseas voting is rooted in the preservation of citizenship rights and the recognition of the global mobility that characterizes the modern world. It ensures that citizens who have temporarily or permanently relocated can still exercise their right to vote, regardless of their geographical location. Significantly, overseas voting maintains citizen engagement in several ways. It preserves civic participation by affirming that citizenship is not constrained by borders, fostering accountability among leaders, promoting diversity in political perspectives, upholding democratic values such as inclusivity and representation, and enhancing civic education.
Is there a procedural requirement prior to voting?
The Supreme Court notes, in People v. Corral, that:
The right to vote is not a natural right but is a right created by law. Suffrage is a privilege granted by the State to such persons or classes as are most likely to exercise it for the public good.
It also states that registration “does not confer the right to vote but it is a condition precedent to the exercise of the right.”
This means that the individual seeking to vote must first be registered with the Commission on Elections. They do this in the city or municipality where they reside. If they are found to possess all of the qualifications and none of the disqualifications, their names are approved by the Election Registration Board and entered into the book of registered voters.
In summary, voter registration in the Philippines serves as a fundamental prerequisite for the democratic process, ensuring that eligible citizens are properly identified, organized, and prepared to participate in elections while preserving the integrity and privacy of the electoral system. It serves as a safeguard against fraud, multiple voting, and voter suppression.
The voter registration process in the Philippines involves several steps:
- Fill out a Voter Registration Application form: This step is indeed the initial stage where an individual fills out the application form provided by the Commission on Elections (COMELEC).
- Undergo biometrics capturing (photo, fingerprints, signature): This step involves the capture of biometric information, including a photograph, fingerprints, and signature, which is used for identity verification.
- Submit the application to the COMELEC: After completing the application form and biometrics capturing, the applicant submits the form to the COMELEC office.
- COMELEC processes and reviews the application: The COMELEC reviews the submitted applications to ensure they meet the eligibility requirements for voter registration.
- A list of voters is posted for review: Once the applications are processed, the COMELEC posts a list of voters for public review. This allows individuals to check if their names are included and to raise any concerns or objections regarding the list.
- The Election Registration Board (ERB) approves applications: The Election Registration Board (ERB) is responsible for approving or disapproving voter registration applications based on the COMELEC’s recommendations and public feedback.
- Approved applicants are included in the registered voters’ list: Those whose applications are approved by the ERB are included in the official list of registered voters.
- Registered voters receive a Voter’s ID and an Acknowledgment Receipt for voting: In the past, registered voters were issued a Voter’s ID. However, as of my last update, the issuance of Voter’s IDs has been suspended, and voters are provided with an Acknowledgment Receipt instead. This receipt serves as proof of registration and can be used during elections.
With R.A. No. 10367 or the Biometrics Law of 2013, registered voters must first comply with biometrics validation requirements. This means taking their fingerprints to match their identity.
Registration is generally open at any time, except:
- 120 days before a regular election
- 90 days before a special election
The Election Registration Board (ERB) reviews the applications for completeness and accuracy. The ERB is responsible for approving or disapproving applications. It ensures that the qualifications and disqualifications for voter registration are properly observed.
If the voter registration application is approved, the applicant’s name is included in the registered voters’ list. This list is used during the upcoming elections, allowing the registered voter to cast their ballot in the designated precinct.
Special provisions are also in place for illiterate or physically disabled voters, to be assisted by the Election Officer or any member of an accredited citizen organization. For the latter, they can also be assisted by any relative within the 4th civil degree of consanguinity or affinity. For example, a blind person can be accompanied by their brother or sister in order to cast their vote.
Registered voters can also be “deactivated” upon a number of grounds. This includes acquiring any of the disqualifications as mentioned above, as well as:
- failure to exercise the right to vote in the 2 successive preceding regular elections;
- registration has been ordered excluded by the Courts; and,
- loss of Filipino citizenship.
However, once the grounds for the deactivation no longer exist, the individual can file for reactivation again.
Who can run for public office?
Every elective position has certain requirements for its aspiring candidates. These requirements are essential for ensuring fair and qualified representation in the government. Qualifications help maintain the integrity of the democratic process, uphold legal and constitutional standards, and ensure that candidates are competent and committed to serving the best interests of the public. They also prevent potential conflicts of interest, preserve the credibility of elections, and promote the accountability and effectiveness of elected officials.
For the Executive positions
The President and Vice President must be:
- a natural-born citizen.
- a registered voter.
- able to read and write.
- at least 40 years old on the day of the election.
- a resident of the Philippines for at least 10 years immediately preceding election day.
For the Legislative positions
The Senators, they must be:
- a natural-born citizen.
- at least 35 years old on election day.
- able to read and write.
- a registered voter.
- a resident of the Philippines for at least 2 years immediately preceding election day.
Members of the House of Representatives must be:
- a natural-born citizen.
- at least 25 years old on election day.
- able to read and write.
For the Local Government positions:
- citizen of the Philippines.
- on the day of election at least 23 years old for Governor, Vice-Governor, Member of Sangguniang Panlalawigan, Mayor, Vice Mayor, Sangguniang Panglungsod 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.
- able to read and write Filipino or any other local language or dialect.
- registered voter in the constituency in the locality.
- resident thereof for a period of not less than 1 year immediately preceding the day of the election.
In addition, for representatives of legislative districts, they must be a registered voter in the district in which they shall be elected, and also a resident thereof for not less than one year immediately preceding election day. This requirement does not apply to party-list representatives.
Local government officials also have different qualifications and requirements depending on their position.
As long as individuals can comply with these basic requirements, COMELEC should consider their certificates of candidacy. Discrimination based on the amount of winnability of a candidate, especially based on perceived lack of financial capability to campaign, is prohibited.
The Supreme Court reminds us this:
Since sovereignty resides in the people, it is necessarily implied that the right to vote and to be voted should not be dependent upon a candidate’s wealth. Poor people should also be allowed to be elected to public office because social justice presupposes equal opportunity for both rich and poor. […] No person shall, by reason of poverty, should be denied the chance to be elected to public office.
Interestingly, there are also no educational requirements to run for public office in the Philippines. This is why famous individuals who have no prior education or experience related to public administration and management have managed to gain nationally-elected positions. This includes actors and athletes such as former Presidential front-runner Fernando Poe Jr. and Senator Manny Pacquaio, among many others.
Do political parties exist in the Philippines?
The 1987 Constitution authorizes the existence of political parties.
Sec. 6, Art. IX-C. A free and open party system shall be allowed to evolve according to the free choice of the people.
After all, political parties ideally help provide a framework of ideologies by which individuals can identify with particular political beliefs. R.A. 7941 defines political parties as “an organized group of citizens advocating an ideology or platform, principles and policies for the general conduct of government and which, as the most immediate means of securing their adoption, regularly nominates certain of its leaders and members as candidates for public office.” B.P. Blg. 881 defines it more simply as “an organized group of persons pursuing the same ideology, political ideas or platforms of government and includes its branches and divisions.”
Interestingly, the Constitution also notes that:
Sec. 7, Art. IX-C. No votes cast in favor of a political party, organization, coalition shall be valid, except for those registered under the party-list system.
The party-list system proposes a similar-sounding, but technically different, concept. Party-lists exist independently of political parties. The party-list is a technical term, enabling groups and coalitions to become members of the House of Representatives. It was originally envisioned to represent Filipino citizens belonging to marginalized and underrepresented sectors, organizations, and parties, and who lack well-defined political constituencies.
Political parties, whether they be national, regional, or sectoral, must be registered with the COMELEC in order for them to be recognized as legal entities and have rights and duties under the law.
Registration of Political Parties with COMELEC (Commission on Elections).
In the Philippines, political parties must register with the COMELEC to be officially recognized and participate in the electoral process.
The process involves several requirements and criteria, which can be summarized as follows:
Requirements for Registration:
- Constitution and By-Laws: Political parties must have a constitution and by-laws that define their organizational structure, membership, objectives, and other essential details.
- List of Officers: A complete list of party officers, including the national chairman/president, vice chairman/vice president, and other key members of the party’s national executive committee, must be provided.
- List of Members: Parties should submit a list of at least 2% of the total voting population in at least one-third of the regions in the Philippines. These individuals should be members of the party, and the list serves as evidence of a nationwide presence.
- Platform or Advocacy: Political parties are required to present their platform, principles, and advocacies to demonstrate their political ideology and policy goals.
- Petition: Parties need to submit a petition for registration signed by all founding members.
Criteria for Registration:
The COMELEC evaluates the registration of political parties based on the following criteria:
- Ideological Platform: Parties should have a clear and coherent ideological platform or set of principles that guide their actions and policies.
- Nationwide Presence: To qualify, parties must demonstrate that they have a presence in at least one-third of the regions in the Philippines, as evidenced by the list of members.
- Constitutional Compliance: The party’s constitution and by-laws must conform to the Constitution of the Philippines and comply with electoral laws.
- Sincerity and Legitimacy: The COMELEC assesses the sincerity and legitimacy of the party’s objectives and activities.
Recognition as a Legal Entity:
Once registered with the COMELEC, a political party is recognized as a legal entity with certain rights and duties, including:
- Right to Participate in Elections: Registered political parties have the right to field candidates in national and local elections, such as presidential, senatorial, congressional, and local government elections.
- Access to Campaign Funds: Recognized parties may access campaign funds and public resources allocated for political parties based on their performance in previous elections.
- Official Ballot Inclusion: Registered parties have the right to have their candidates’ names included on the official ballots during elections.
- Representation: Parties with elected officials can participate in legislative processes and represent their members’ interests.
- Accountability: Recognized political parties are also subject to certain regulations and reporting requirements. They must adhere to campaign finance laws and transparency regulations.
In essence, registration and recognition as a legal entity grant political parties the ability to engage in the democratic process, run for office, and represent the interests of their members. It is a formal acknowledgment of their existence and allows them to fully participate in the political landscape of the Philippines.
Groups which cannot be registered as political parties include religious denominations and sects, those which seek to achieve their goals through violence or unlawful means, those which refuse to uphold and adhere to the Constitution, or those supported by foreign governments. Additional grounds for refusal to be registered with the COMELEC are also prescribed by law.
The general rule is that membership in a political party is not required for public office.
The participation of political parties are banned in the barangay elections, due to the potential partisan bias in the impartial discharge of duties in the most basic of the Philippine political and social structure.
The political party system in the Philippines has many criticisms, being described as weak due to intra-party competition, shifting alliances and no real political and social stance. An example is illustrated above, where some politicians change political parties with relative ease. This has been called a danger to democracy and one of the greatest challenges of Philippine politics today. This poor system is credited with stunted governance leadership and an insult to democracy, hence the call for reforms.
This is a typical structure of a political party in the Philippines:
What is the process of running for public office?
This understanding of running for an election serves as the gateway to political participation, where individuals seek to represent the diverse voices and aspirations of the Filipino people in various levels of government. This comprehension not only empowers potential candidates and voters but also reinforces the foundation of a robust and accountable democracy, where informed choices are made, and the people’s interests are duly represented in the halls of government. In this context, delving into the process of running for public office in the Philippines is an exploration of the very essence of democracy, where citizens exercise their right to shape the nation’s future through the selection of their leaders.
Filing of Certificate of Candidacy
First, aspiring public officials must file a sworn certificate of candidacy any day during the election period but before the commencement campaign period, personally or through a duly authorized representative.
Politicians cannot run to more than one office at a given election. Filing for more than one makes them ineligible for either unless they duly cancel it before the expiration of the period to file certificates of candidacy.
If the person who files is an appointive public officer, a member of the Armed Forces of the Philippines or an executive of a government-owned and controlled corporation, then they shall be automatically considered resigned from their office. This provision aims to ensure that candidates running for elective positions can fully commit to their campaigns and potential roles in public office without any conflict of interest or divided loyalty. It is a mechanism to promote transparency, accountability, and the integrity of the electoral process, emphasizing that those who seek elective positions should do so with a clear dedication to their new roles and responsibilities, free from any potential bias or influence tied to their prior appointments or affiliations. The same is not true for elective officials, who continue to exercise their rights of office until the expiration of their term.
Interestingly, any mass media columnist, commentator, announcer, reporter, on-air correspondent, or personality who is a candidate for any elective public office, or works with one, shall be deemed resigned or is forced to take a leave of absence during the entirety of the campaign period.
COMELEC can also refuse to give due course or cancel a certificate of candidacy for individuals who make a mockery of the election process, causing disrepute or confusion due to similarity of names. The same is true for people who are shown to have no true intention to run for the public office for which their candidacy has been filed. These are known as nuisance candidates.
Those who make false and material misrepresentations affecting the right of the candidate to run for public office, with intent to deceive, shall also have their certificate of candidacy not given due course or cancelled.
Campaigning
The general rule is that the campaign period shall begin 90 days before the day of the election and shall end 30 days thereafter [Art. IX-C, Sec. 9, Const.]. The exception applies only in special cases, whereby COMELEC shall assign the dates. This rule applies to the President, Vice President, and Senators, while for the Members of the House of Representatives and elective local government officials, they are given 45 days to campaign.
The election campaign is otherwise known as partisan political activity. People are prohibited from engaging in this are the following:
- Civil service officers and employees
- Members of the military
- Members of the board of election inspections
- Foreigners
The prohibition is driven by the need to maintain political neutrality, prevent conflicts of interest, preserve the integrity of institutions, avoid the militarization of politics, protect against the misuse of state resources, and enhance public trust. These measures aim to ensure that public servants prioritize their official duties and responsibilities above political affiliations and partisan campaigns, thereby upholding the principles of good governance and democracy.
Before the campaign period, partisan political activity is prohibited and if committed, is considered an election offense. Additionally, campaigning is banned on the following days:
- Maundy Thursday
- Good Friday
- Eve of Election Day, and
- Election Day
The law also provides that candidates be given equal access to media time and space, hence media companies must submit their logs to COMELEC for review.
Private individuals, institutions, organizations, and corporations can contribute to political campaigns. However, a number of them are generally prohibited, including financial institutions, contracted government suppliers, public utility operators, grantees of franchises (including GOCCs), et cetera, in order to avoid conflict of interest. Foreigners and foreign corporations, officials or employees in the Civil Service, and members of the Armed Forces of the Philippines are also prohibited from contributing to campaign funds.
A number of fund-raising activities are also banned, including lotteries, dances, games, cockfights, beauty contests, and the like.
The Presidential and Vice Presidential candidates can spend only a maximum of P10.00 per every registered voter, with other candidates limited to either P5.00 or P3.00 per every registered voter, usually anchored on the locality where they filed.
Post-Elections
Within 30 days after the election, the candidate and treasurer of the political party must file with COMELEC a complete Statement of Contribution and Expenses, to ensure that the candidate did not overspend.
Should a violation of election laws occur, COMELEC generally has exclusive jurisdiction to investigate and prosecute cases involving election laws, while Regional Trial Courts have exclusive original jurisdiction to try and decide criminal actions related to elections.
Two observations
First, thus far, there are no specific initiatives from the government to prevent the spread of misinformation. However, we as citizens can remedy this by consistent fact-checking and critical thinking. This has given specific individuals extreme advantage over fellow candidates through well-placed propaganda machinery. This undermines the Philippine election process, especially the more recent ones, taking advantage of the poorly-educated populace to propel incompetent politicians and convicted plunderers to power.
Second, there is no publicly available data on the rate of conviction of election-related offenses. Unfortunately, criminal laws related to elections, if they are not strictly implemented, shows how democratic processes can be abused, to the extreme disadvantage of the Filipino people.
What is a failure of elections?
The concept of failure of elections serves as a safety net, permitting appropriate actions to be taken when major problems arise during an election. By understanding the concept of a failure of elections, citizens, electoral authorities, and policymakers gain insight into the procedures and criteria that trigger such a declaration, reinforcing the fundamental principles of a just and accountable democracy. This is based on maintaining the transparency and integrity of the democratic process.
A failure of elections means that elections have not been held, or that it has been suspended, due to force majeure, violence, terrorism, fraud, or other analogous causes. An example would be a strong typhoon, or a volcanic eruption, which prevented people from a specific locale from voting. Extreme gun violence and threats of danger which make people afraid to go out and vote can also be considered to determine failure of elections.
In this case, the COMELEC en Banc will call for a special election as provided for in the Omnibus Election Code. This shall be held as close to the original date as possible, and within 30 days from the cessation of the cause of the postponement or suspension.
A failure of elections is not the same as a pre-proclamation controversy and an election protest.
A pre-proclamation controversy involves questions regarding the composition and procedure of the board of election canvassers, including canvassed election returns with material defects. COMELEC will investigate the matter and issue rulings as required. Note that this is not applicable to the President, Vice-President, Senators, and Members of the House of Representatives, considering that they have their respective independent electoral tribunals.
The functions of Independent Electoral Tribunals are as follows::
- Adjudication of Election Disputes: Electoral tribunals are responsible for hearing and resolving disputes related to the results of presidential, vice-presidential, senatorial, and congressional elections. This includes cases involving alleged irregularities, fraud, and violations of election laws.
- Protection of Voting Rights: These tribunals safeguard the voting rights of citizens by investigating and addressing complaints of voter disenfranchisement or violations of election rules. This function is crucial in ensuring that the democratic principles of universal suffrage and equal representation are upheld.
- Interpretation and Application of Election Laws: Electoral tribunals interpret and apply relevant election laws, regulations, and constitutional provisions. Their decisions are based on legal principles and established rules, preventing arbitrary actions or political interference.
On the other hand, an election protest is:
…a contest between the defeated and winning candidates on the ground of frauds or irregularities in the casting and counting of the ballots, or in the preparation of the returns. It raises the question of who actually obtained the plurality of the legal votes and therefore is entitled to hold the office.
Failure of elections | Pre-proclamation controversy | Election protest |
The election did not happen or was suspended or delayed, due to external factors. | The election happened, but there are questions with the Board of Canvassers, including their members and the actions that they’ve undertaken. | The election happened, and there is now a contest in how the votes have been counted. |
The table above is an oversimplification of terms. In reality, they are highly technical terms in election law which are in place aiming to ensure that there are legal checks and balances in the election process, and that all candidates are given due process before, during, and after this period.
What happens after the elections?
After an election, the transition of power to newly elected officials, such as the President, Senators, and Members of the House of Representatives, is a critical aspect of governance. A smooth transition is essential for continuity and the effective functioning of the government. The post-election period is when elected officials are held accountable for their promises and actions. Citizens and the media closely monitor their performance, pushing for transparency and accountability in government. The post-election period often sees increased citizen engagement, as people continue to participate in democratic processes, voice their concerns, and hold elected officials accountable through various means, including rallies, protests, and civic activism.
National elections for the President, Vice President happen every six years. The election for Senators, Members of the House of Representatives and all local government officials occurs every three years.
Losing candidates cannot be appointed to any governmental office within one year after such an election. Elected officials during their tenure are ineligible for appointment or designation in any capacity to any public office or position, unless they forfeit their seat. This means, for example, that a Senator cannot be a Member of the Presidential Cabinet, or a Governor of a province the head of a Constitutional Commission. They must only choose one.
In most cases, politicians are preparing for the next cycle of elections, lending a new color to the concepts of ‘sustainability’ and ‘resiliency’ in public office. Meanwhile, the system remains with all its glaring legal flaws, including provisions that allow those in power to remain in power and escape liability and the lack of law to counter vote buying and political dynasties.
On March 8, 2023, the COMELEC held a 3-day Election Summit. During this summit the Comelec has brought up the following election issues, a proposal to make voter registration online, a proposed shift to a hybrid election system, the future of vote-counting machines owned by the Comelec, digitizing the submission of candidates’ statement of contributions and expenditures, possible online filing of certificate of candidacy, proposed integration of Comelec’s training schedule of teachers, who serve as poll workers, into the calendar of activities of the Department of Education, and the integration of voter education in school and university curriculum. Only time can tell if the electoral reforms currently being forwarded hold the key to the potential of the Philippines that only true democratic processes can unlock.

List of Activities
Synchronous Activities
Activity 1: What does it take to be an official?
Instructions. The teacher will divide the class into five (5) groups. Each group will be assigned an elective position as shown below.
- President
- Senator
- Congressman
- Mayor
- Barangay Captain
Each group will list the qualifications for running for the position such as citizenship, age, and residency requirements, as well as other legal qualifications required for holding the position.
Require the students to list down their opinions on values and personal characteristics like experience, honesty, morality, compassion, competence, and leadership ability that they want in the candidate.
Ask the group to assign a leader to present their finished activity in front of the class.
Activity 2: Answer the following questions:
1. Do any of the current political parties have realistic solutions to the Philippines’ most pressing issues (poverty, corruption, economy)? What specific initiatives or policies do these political parties propose to address issues such as poverty, corruption, and the economy?
_____________________________________________________________
2. How effective are traditional campaign strategies like rallies and endorsements compared to newer social media tactics?
_____________________________________________________________
Asynchronous Activities
Activity 1: Observations
Instructions: Identify a challenge within the Philippine election process that potentially interferes with the functioning of democracy. Write a 250-word essay discussing this challenge, focusing on the following points:
- Description of the Challenge: Clearly identify and explain the issue that undermines the democratic process in Philippine elections.
- Impact on Voters: Discuss how this challenge influences the decisions and mindset of voters. Consider factors such as economic conditions, voter awareness, and the manipulation of voter choices.
- Effects on the Country: Analyze the broader implications of this challenge on the overall direction and governance of the country. Consider how it affects public trust, governance quality, and the country’s progress.
- Ensure your essay is well-structured, with a clear introduction, body, and conclusion. Focus on clarity, coherence, and providing a logical argument supported by examples or insights.
Self-Evaluation Form (Part 2)
Answer:
1. How can you say that elections are successful or have failed?
________________________________________________________________________________
2. What are the issues in your culture, and how do you think the party-list system can address these?
________________________________________________________________________________
3. Based on the module and your personal insights, what are your suggestions in improving the party-list system?
________________________________________________________________________________
Download this module to view the Answer Keys ⇒
| Scoring Rubrics for Discussions
Criteria (100 pts.) | Excellent | Above Average | Developing | Needs Improvement |
Engagement and Participation
(60 pts.) |
Proactively and consistently participates in class discussion; spearheads the discussion on the topic at hand and elicits exchange of views. (60 pts.) | Proactively and consistently participates in class discussion; asks questions to clarify ideas discussed and volunteers to answer questions given. (45 pts.) | Seldomly participates in class discussions; and rarely volunteers to answer. (30 pts.) | Does not participate in class discussion; does not answer when asked questions. (15 pts.) |
Listening skills (20 pts.) | Listens very well, has an outstanding comprehension of the topic discussed, and initiates relevant comments to the class. (20 pts.) | Listens well and has a good comprehension of the topic. Shares relevant comments with the class. (15 pts.) | Listens to the discussion but is sometimes distracted; Needs to be called to make comments which sometimes are not relevant to the discussion. (10 pts.) | Does not listen to the discussion; makes improper comments that interrupt the class discussion. (5 pts.) |
Relevance of contribution to the subject (20 pts.) | Constantly contributes significant comments/ ideas that aid in the understanding of the subject. (20 pts.) | Contributes significant comments/ ideas on the subject. (15 pts.) | Contributes comments/ ideas that are sometimes not relevant to the subject. (10 pts.) | Contributes comments/ ideas that are not relevant to the subject. (5 pts.) |
| Scoring Rubrics for Written Outputs
Criteria (100 pts.) | Excellent | Above Average | Developing | Needs Improvement |
Content completeness
(60 pts.) |
Written output reveals a high level of comprehension of the question. Answer addresses all the details of the question. (60 pts.) | Written output shows a general understanding of the question. Answers the question well but has room to improve in adding more details. (45 pts.) | Written output shows limited comprehension of the question. Answer to the question lacks details. (30 pts.) | Written output is way off mark of the question. (15 pts.) |
Evidence (20 pts.) | Detailed facts and evidences from the class discussion are included in the output. (20 pts.) | Cites relevant facts and examples but lacks in details. (15 pts.) | Includes relevant facts, and examples, but misses important aspects of the topic.(10 pts.) | No relevant facts and examples from the class discussion. (5 pts.) |
Writing (20 pts.) | Written work is well organized and composed. There are no or very few grammatical errors. (20 pts.) | Written work is organized and composed. It has a few grammatical errors. (15 pts.) | Written work is not organized but understandable. It has several grammatical errors. (10 pts.) | Written work is not organized and it prevents comprehension. It has several grammatical errors.(5 pts.) |
| Learning Materials
ANC 24/7. “Analyst: Young People See Importance of This Elections but Challenge Is Sustaining Momentum | ANC,” May 9, 2022. https://www.youtube.com/watch?v=M2IuDGT3JBA.
NewsWatch Plus PH. “Election Law for All: The Electoral Process | New Day,” April 4, 2022. https://www.youtube.com/watch?v=NUzukYVVf28.
Philippine Commission on Women. “Republic Act 7941: Party-List System Act,” March 3, 1995. https://pcw.gov.ph/republic-act-7941-party-list-system-act/.
Rappler. “PH Party List: Making It More Representative,” July 1, 2016. https://www.youtube.com/watch?v=9jOQc2ZqTO0.
Tankia, Fritzie Palma, and Ma. Araceli Basco Habaradas. “Party-List System: The Philippine Experience.” Freidrich Ebert Stiftung, April 2001. https://library.fes.de/pdf-files/bueros/philippinen/50076.pdf.
| References
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Friedrich Ebert Stiftung (FES). “Reforming the Philippine Political Party System ideas and iniiatives, debates and dynamics,” 2009. https://library.fes.de/pdf-files/bueros/philippinen/07131.pdf.
“G.R. No. 189868 – KABATAAN PARTY-LIST VS. COMMISSION ON ELECTIONS, Supreme Court E-Library,” n.d. https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/51090.
“G.R. No. 209286 – LINA DELA PEÑA JALOVER, GEORGIE a. HUISO AND VELVET BARQUIN ZAMORA, PETITIONERS, VS. JOHN HENRY R. OSMEÑA AND COMMISSION ON ELECTIONS (COMELEC), RESPONDENTS.D E C I S I O N – “Maquera v. Borra, G.R. No. L-24761,” September 7, 1965. https://lawphil.net/judjuris/juri1965/sep1965/gr_l-24761_1965.html.
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Nicolas & De Vega Law Offices. “Qualifications for Philippine Elective Office.” Accessed July 20, 2024. https://ndvlaw.com/qualifications-for-philippine-elective-office/.
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“Republic Act No. 10590,” n.d. https://lawphil.net/statutes/repacts/ra2013/ra_10590_2013.html.
“Republic Act No. 8189 | Senate Electoral Tribunal,” n.d. https://www.set.gov.ph/resources/election-law/republic-act-no-8189/.
“Republic Act No. 9189 | Senate Electoral Tribunal,” n.d. https://www.set.gov.ph/resources/election-law/republic-act-no-9189/.
“Rulloda v. COMELEC, G.R. No. 154198,” January 20, 2003. https://lawphil.net/judjuris/juri2003/jan2003/gr_154198_2003.html.
“Samad v. COMELEC, G.R. No. 107854,” July 16, 1993. https://lawphil.net/judjuris/juri1993/jul1993/gr_107854_1993.html.
Senate Electoral Tribunal. “Republic Act No. 9006.” Accessed July 20, 2024. https://www.set.gov.ph/resources/election-law/republic-act-no-9006/.
“Strong Patronage, Weak Parties: The Case for Electoral System Redesign in The Philippines,” 2019. https://asiafoundation.org/wp-content/uploads/2019/02/Strong-Patronage-Weak-Parties-Briefer.pdf.
Supreme Court E-Library,” n.d. https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/57738.
The LAWPhil Project. “OMNIBUS ELECTION CODE OF THE PHILIPPINES.” Accessed July 20, 2024. https://lawphil.net/statutes/bataspam/bp1985/bp_881_1985.html.
“The People of the Philippine Islands v. Corral, G.R. No. L-42300,” January 31, 1936. https://lawphil.net/judjuris/juri1936/jan1936/gr_l-42300_1936.html.
Tuquero, Loreben. “Tracking the Marcos Disinformation and Propaganda Machinery.” RAPPLER, April 3, 2024. https://www.rappler.com/newsbreak/iq/stories-tracking-marcos-disinformation-propaganda-machinery/.
USC Center for Excellence in Teaching. “Discussion Rubrics – USC Center for Excellence in Teaching,” June 27, 2022. https://cet.usc.edu/teaching-resources/discussion-rubrics/.
USC Center for Excellence in Teaching. “Short Essay Question Rubric – USC Center for Excellence in Teaching,” August 9, 2021. https://cet.usc.edu/teaching-resources/short-essay-question-rubric/.
“Villegas v. Subido, G.R. No. L-26534,” November 28, 1969. https://lawphil.net/judjuris/juri1969/nov1969/gr_l-26534_1969.html.