ELECTION LAW

2018 Political Law Review

SUFFRAGE
Suffrage is the right and obligation of
qualified citizens to vote in the election of
certain local and national officers and in
the determination of questions submitted
to the people. It includes within its scope
election, plebiscite, initiative and
referendum (Nachura, 2014).
SUFFRAGE
Suffrage is the right and obligation of
qualified citizens to vote in the election of
certain local and national officers and in
the determination of questions submitted
to the people. It includes within its scope
election, plebiscite, initiative and
referendum (Nachura, 2014).
LIMITATION ON THE EXERCISE OF
THE RIGHT OF SUFFRAGE
The exercise of the right of suffrage is
subject to existing substantive and
procedural requirements embodied in our
Constitution, statute books, and other
repositories of law (Akbayan-Youth v.
COMELEC, G.R. No. 147066, March 26,
2001).
SCOPE OF SUFFRAGE
1. Plebiscite – The electoral process by
which an initiative on the Constitution is
approved or rejected by the people.
2. Initiative - The power of the people to
propose amendments to the Constitution
or to propose and enact legislations
through election called for the purpose.
[R.A. 6735, The Initiative and Referendum
Act, Sec. 3(a)].
SCOPE OF SUFFRAGE: INITIATIVE
Initiative –
a. Initiative on the Constitution;
b. Initiative on statutes; or
c. Initiative on local legislation.
SCOPE OF SUFFRAGE
3. Referendum – The power of the electorate
to approve or reject a piece of legislation
through an election called for the purpose.
i. Referendum on statutes; or
ii. Referendum on local laws.
4. Recall – The mode of removal of an elective
public officer by the people before the end of
his term of office.
ELECTION

Election is the means by which 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 (Nachura, 2014).
KINDS OF ELECTION

1. Regular election – It is an election participated

in by those who possess the right of suffrage,
not otherwise disqualified by law, and is
registered voters.
2. Special election – It is held when there is failure
of election on the scheduled date of regular
election in a particular place or to fill a vacancy
in office before the expiration of the term for
which the incumbent was elected.
3. Recall election – It is held for elective local
officials on ground of loss of confidence.
RULES ON CONSTRUCTION OF
ELECTION LAWS

Laws for conduct of elections Before the

election: Mandatory After the election:
Directory
Laws for
 Candidates: Mandatory and strictly
construed
 Procedural rules: Liberally construed in
favor of ascertaining the will of the
electorate
ELECTION PERIOD

General Rule:
The period of election starts from 90 days
before and ends 30 days after the election
date pursuant to Sec. 9, Art. IX-C of the
Constitution and Sec. 3 of B.P. 881,
otherwise known as the Omnibus Election
Code (OEC).
QUALIFICATIONS AND DISQUALIFICATIONS
OF VOTERS

Qualifications for the exercise of suffrage

1. Filipino citizenship;
2. At least 18 years of age;
3. Resident of the Philippines for at least one year;
4. Resident of the place where he proposes to vote
for at least six months immediately preceding
the election; and
5. Not otherwise disqualified by law (Art. V, 1987
Constitution, Sec. 1).
RESIDENCE AND DOMICILE

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 (Pundaodaya v. COMELEC,
G.R. No. 179313, September 17, 2009).
EFFECT ON TRANSFER OF RESIDENCE

Any person, who transfers residence solely

by reason of his occupation, profession or
employment in private or public service,
education, etc., shall not be deemed to have
lost his original residence [OEC, Art. XII,
Sec. 117(2); Asistio v. Aguirre, G.R. No.
191124, April 27, 2010].
DISQUALIFICATIONS FOR THE EXERCISE
OF THE RIGHT OF SUFFRAGE

1. Sentenced by final judgment to suffer

imprisonment for not less than one year, unless
granted a plenary pardon or granted amnesty;
2. Conviction by final judgment of any of the
following:
a. Crime involving disloyalty to the government;
b. Violation against national security; or
c. Firearms laws
3. Insanity or incompetence as declared by
competent authority (OEC, Art. XII, Sec. 118)
 REGISTRATION OF VOTERS

Registration is the act of accomplishing and filing a

sworn application for 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 [RA.
8189, Voter’s Registration Act of 1996, Sec. 3(a)].
It 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, G.R. No. 30187, November 5, 1928).
TYPES OF REGISTRATION OF VOTERS

1. Continuing; and
2. Computerized.
System of continuing registration : It is a system
where the application of registration of voters
shall be conducted daily in the office hours of the
election officer during regular office hours.
No registration shall be conducted during the
period starting 120 days before a regular election
and 90 days before a special election (R.A. 8189,
Sec. 8).
RIGHT OF SUFFRAGE OF
OVERSEAS FILIPINOS

The process by which qualified citizens of the

Philippines abroad exercise their right to vote [R.A.
10590, Sec. 3(k), amending R.A. 9189, Sec. 3].
1. Coverage
Qualified citizens of the Philippines may vote for
President, Vice-President, Senators and Party-List
Representatives, as well as in all national referenda
and plebiscites (R.A. 10590, Sec. 4, amending R.A.
9189).
RIGHT OF SUFFRAGE OF
OVERSEAS FILIPINOS

2. Qualifications
a. Filipino citizens abroad;
b. At least 18 years of age on the day of
elections.; and
c. Not otherwise disqualified by law.
 RIGHT OF SUFFRAGE OF
OVERSEAS FILIPINOS

c. Those who have committed and are convicted in a

final judgment by a Philippine court or tribunal of an
offense punishable by imprisonment of not less than
one year, 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 the
expiration of five years after service of sentence; and
 LOCAL ABSENTEE VOTING
It refers to a system of voting whereby government
officials and employees, including members of the
Armed Forces of the Philippines (AFP), and the
Philippine National Police (PNP) as well as members
of the media, media practitioners including their
technical and support staff (media voters) who are
duly registered voters, are allowed to vote for the
national positions in places where they are not
registered voters but where they are temporarily
assigned to perform election duties on election day
[COMELEC Resolution 9637, Sec. 1(a), 13 February
2013.]
VOTING BY MAIL

Voting by mail
Voting by mail may be allowed in
countries that satisfy the following
conditions:
1. Where the mailing system is fairly well-
developed and secure to prevent the
occasion of fraud;
INCLUSION AND EXCLUSION
PROCEEDINGS
Inclusion Proceedings
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 105 days prior to a
regular election or 75 days prior to a special
election.
INCLUSION AND EXCLUSION
PROCEEDINGS
Exclusion Proceedings
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 100 days
prior to a regular election or 65 days before
special election.
INCLUSION AND EXCLUSION
PROCEEDINGS

Jurisdiction
1. MTC – original and exclusive;
2. RTC – appellate jurisdiction; and
3. SC – appellate jurisdiction over RTC on
question of law.
POLITICAL PARTIES
A political party is any organized group of
citizens advocating an ideology or platform,
principles, and policies for the general
conduct of government and includes its
branches and divisions (OEC, Sec.6).
To acquire juridical personality, qualify for
accreditation, and to be entitled to the rights
of political parties, a political party must be
registered with the COMELEC.
JURISDICTION OF COMELEC OVER POLITICAL
PARTIES
Art. IX-C of the Constitution, Sec. 2(5) grants the Commission
the power to register political parties. It also has the power to
require candidates to specify in their certificates of candidacy
their political affiliation, allow political parties to appoint
watchers, limit their expenditures, and determine whether
their registrations should be cancelled in appropriate
proceedings. These powers necessarily include the
jurisdiction to resolve issues of political leadership in a
political party, and to ascertain the identity of political party
and its legitimate officers (Palmares v. COMELEC, G.R. No.
86177, August. 31, 1989).
KINDS OF PARTIES
1. National party – It means that their constituency is spread
over the geographical territory of at least a majority of the
regions;
2. Regional party – It denotes that their constituency is spread
over the geographical territory of at least a majority of the
cities and provinces comprising the region; or
3. Sectoral party – It refers to an organized group of citizens
belonging to any of the following sectors: labor, peasant,
fisherfolk, urban poor, indigenous cultural communities,
elderly, handicapped, women, youth, veterans, overseas
workers, and professionals whose principal advocacy
pertains to the special interests and concerns of their sector.
GROUNDS FOR CANCELLATION OF
REGISTRATION OF POLITICAL PARTIES
1. Receiving support from any foreign
government, foreign political party,
foundation, organization, whether directly or
through any of its officers or members or
indirectly through third parties for partisan
election purposes;
2. Violates or fails to comply with laws, rules or
regulations relating to elections;
GROUNDS FOR CANCELLATION OF
REGISTRATION OF POLITICAL PARTIES

3. Declares untruthful statements in its petition;

4. Ceased to exist for at least one year; or
5. Fails to participate in the last two preceding
elections or fails to obtain at least 2% of the
votes cast under the party-list system in the two
preceding elections for the constituency in which
it has registered (R.A. 7941, Sec. 6).
CANDIDACY
A candidate refers to any person aspiring for or seeking
an elective public office, who has filed a CoC by
himself or through an accredited political party,
aggroupment or coalition of parties [OEC, Sec. 79(a)].
Any person may thus file a Certificate of Candidacy
(CoC on any day within the prescribed period for
filing a CoC, yet that person shall be considered a
candidate, for purposes of determining one’s possible
violations of election laws, only during the campaign
period (Penera v. COMELEC, G.R. No. 181613,
November 25, 2009; R.A. 9369, Poll Automation Law,
Sec. 15).
 QUALIFICATIONS AND
DISQUALIFICATIONS
Qualifications of Candidates
I. National level
A. For President and Vice-President
1. Natural-born citizen;
2. At least 40 years old on the day of the election;
3. Able to read and write;
4. Registered voter; and
5. Resident of the Philippines for at least 10 years
immediately preceding the day of the election (1987
Constitution, Art. VII, Sections 2 and 3).
QUALIFICATIONS AND
DISQUALIFICATIONS
B. For Senator
1. Natural-born citizen;
2. At least 35 years old on the day of the election;
3. Able to read and write;
4. Registered voter; and
5. Resident of the Philippines for not less than two
years immediately preceding the day of the election
(1987 Constitution, Art. VI, Sec. 3).
QUALIFICATIONS AND DISQUALIFICATIONS
II. Local level
A. For District Representatives
1. Natural-born citizen;
2. Registered voter in the district in which he shall be
elected;
3. Resident of the same district for a period not less
than one year immediately preceding the day of the
election;
4. Able to read and write; and
5. At least 25 years old on the day of the election (1987
Constitution, Art. VI, Sec. 6).
QUALIFICATIONS AND
DISQUALIFICATIONS
B. For Governor, Vice Governor, Mayor, Vice-Mayor,
Punong Barangay and Sangguniang Members
1. Citizen of the Philippines;
2. Registered voter in the barangay, municipality, city,
or province or, in the case of a member of the
Sangguniang Panlalawigan, Sangguniang
Panlungsod, or Sangguniang Bayan, the district
where he intends to be elected;
QUALIFICATIONS AND
DISQUALIFICATIONS
3. Resident therein for at least one year
immediately preceding the day of the
election;
4. Able to read and write Filipino or any other
local language or dialect
(R.A. 7160 Local Government Code of the
Philippines, Sec. 39).
QUALIFICATIONS AND
DISQUALIFICATIONS
Congress may not add to qualifications for
elective officials provided in the
Constitution; and
Qualifications prescribed by law are
continuing requirements and must be
possessed for the duration of the officer’s
active tenure (Frivaldo v. COMELEC G.R.
No. 87193, June 23, 1989).
QUALIFICATIONS AND
DISQUALIFICATIONS
Grounds for Disqualification
1. Declared as incompetent or insane by
competent authority;
2. Convicted by final judgment for subversion,
insurrection, rebellion, or any offense for
which he has been sentenced to a penalty of
18 months imprisonment;
3. Convicted by final judgment for a crime
involving moral turpitude;
4. Election offenses under Sec. 261 of the OEC;
QUALIFICATIONS AND
DISQUALIFICATIONS
5. Committing acts of terrorism to enhance
candidacy
6. Spending in his election campaign an
amount in excess of that allowed;
7. Soliciting, receiving, or making prohibited
contributions;
8. Not possessing qualifications and possessing
disqualifications under the Local Government
Code;
QUALIFICATIONS AND
DISQUALIFICATIONS
9. Sentenced by final judgment for an offense
involving moral turpitude or for an offense
punishable by one year or more of
imprisonment within two years after serving
sentence;
10. Removed from office as a result of an
administrative case;
11. Convicted by final judgment for violating the
oath of allegiance to the Republic;
QUALIFICATIONS AND
DISQUALIFICATIONS
12. Dual citizenship (more specifically, dual
allegiance)
13. Fugitives from justice in criminal or non-
political cases here or abroad;
14. Permanent residents in a foreign country or
those who have acquired the right to reside
abroad and
continue to avail of the same right;
QUALIFICATIONS AND
DISQUALIFICATIONS

15. Insane or feeble-minded;

16. Nuisance candidate;
17. Violation of Sec. 73 OEC with regard to
Certificate of Candidacy; or
18. Violation of Sec. 78 on material
misrepresentation in the Certificate of
Candidacy
QUALIFICATIONS AND
DISQUALIFICATIONS
Effect of an unsworn renunciation of foreign
citizenship
Failure to renounce foreign citizenship in
accordance with the exact tenor of Sec. 5(2)
of R.A. 9225 renders a dual citizen ineligible
to run for and thus hold any elective public
office (Sobejana-Condon v. COMELEC, G.R.
No. 198742, August 10, 2012).
FILING OF CERTIFICATES OF CANDIDACY
a. Effect of filing of Certificate of Candidacy
No person shall be eligible for any elective public
office unless he files a sworn certificate of
candidacy within the period fixed herein (OEC, Sec.
73).
The certificate of candidacy shall be filed by the
candidate personally or by his duly authorized
representative at any day from the commencement of
the election period but not later than the day before
the beginning of the campaign period.
FILING OF CERTIFICATES OF CANDIDACY
In cases of postponement or failure of election, no
additional certificate of candidacy shall be accepted
except in cases of substitution of candidates (OEC,
Sec. 75).
A CoC is best proof of candidate’s statutory eligibility
to be elected for an elective post. It is the document
which formally accords upon a person the status of a
candidate (Tagolino v. HRET and Lucy Torres-Gomez,
G.R. No. 202202, March 19. 2013).
FILING OF CERTIFICATES OF CANDIDACY
A Certificate of Candidacy may be amended before the
elections, even after the date of its filing.
Provisions of the election law on certificates of
candidacy are mandatory in terms. However, after the
elections, they are regarded as directory so as to give
effect to the will of the electorate (Saya-Ang Sr. v.
COMELEC, G.R. No. 155087, November 28, 2003).
EFFECT OF FILING OF CERTIFICATES
OF CANDIDACY UPON ELECTIVE AND
APPOINTIVE OFFICIALS
General Rule: An appointive official is deemed
resigned upon filing of COC while an elective
official may continue to serve until the end of his
terms .
Substantial distinctions clearly exist between elective
officials and appointive officials. The former occupy
their office by virtue of the mandate of the electorate.
They are elected to an office for a definite
term and may be removed therefrom only upon stringent
conditions.
On the other hand, appointive officials hold their office
by virtue of their designation thereto by an appointing
authority. Some appointive officials hold their office in
a permanent capacity and are entitled to security of
tenure while others serve at the pleasure of the
appointing authority. (Quinto v. COMELEC, G.R.
189698, December 1, 2009)
 EFFECT OF FILING TWO CERTIFICATES
OF CANDIDACY
It disqualifies the person to run for both elective positions (OEC,
Sec. 73).
However, before the expiration of the period for the filing of CoC,
the person who has filed more than one certificate of candidacy
may declare under oath the office for which he desires to be
eligible and cancel the CoC for the other office or office/s. A
person who has filed a certificate of candidacy may, prior to
election, withdraw the same. The filing of a withdrawal
certificate of candidacy shall not affect whatever civil, criminal,
or administrative liabilities as candidate may have incurred.
(COMELEC Resolution 8678, Sec. 1)
FILING OF CERTIFICATES OF
CANDIDACY
b. Substitution of Candidates
An official candidate of a duly registered political
party or coalition who dies, withdraws, or is
disqualified for any cause after the last day for the
filing of CoCs may be substituted by a candidate
belonging to, and nominated by, the same political
party or coalition.
No substitute shall be allowed for any independent
candidate.
FILING OF CERTIFICATES OF
CANDIDACY
The substitute for a candidate, who died or is
disqualified by final judgment, may file a CoC 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.
FILING OF CERTIFICATES OF
CANDIDACY
Instances when substitution is allowed:
1. Disqualification
2. Death
3. Withdrawal
The substitute for a candidate, who died or is
disqualified by final judgment, may file a CoC up
to mid-day of Election Day; Provided that, the
substitute and the substituted have the same
surnames.
FILING OF CERTIFICATES OF
CANDIDACY
Requisites for Valid Substitution:
1. The substitute must belong to the same party or
coalition; and
2. The deceased, disqualified or withdrawn candidate
must have duly filed a valid CoC.
The second requisite is a condition sine qua non
(Tagolino v. HRET and Lucy Torres-Gomez, G.R.
No. 202202, March 19. 2013).
FILING OF CERTIFICATES OF
CANDIDACY
No substitution under Sec. 78 of OEC
Sec. 77, OEC requires that there be a candidate in
order for substitution to take place. Thus, if a
person’s CoC had been denied due course to and/or
cancelled under Sec. 78, OEC, he or she cannot be
validly substituted in the electoral process. Stated
differently, since there would be no candidate to
speak of under a denial of due course to and/or
cancellation of a CoC case, then there would be no
candidate to be substituted (Tagolino v. HRET and
Lucy Torres-Gomez, G.R. No. 202202, March 19.
2013).
FILING OF CERTIFICATES OF CANDIDACY
c. Ministerial duty of COMELEC to receive
Certificates of Candidacy
General Rule: The COMELEC shall have the
ministerial duty to receive and acknowledge
receipt of the certificates of candidacy. Provided,
that said certificates are under oath and contain
all the required data and in the form prescribed by
the Commission (OEC, Sec. 7; Cerafica v.
COMELEC, G.R. No. 205136, December 2, 2014).
G
FILING OF CERTIFICATES OF
CANDIDACY
Exception to the General Rule:
COMELEC may go beyond the face of the CoC in the
following:
1. Nuisance candidates (OEC, Sec. 69);
2. Petition to deny due course or to cancel a CoC
(OEC, Sec. 78); or
3. Filing of a disqualification case on any of the
grounds enumerated in Sec. 68, OEC.
 FILING OF CERTIFICATES OF
CANDIDACY
Nuisance Candidates
Any registered candidate for the same office may file
a petition to declare a duly registered candidate as a
nuisance candidate, personally or through duly
authorized representative with COMELEC, within
five days from the last day of filing of CoC [R.A.
6646 (The Electoral Reforms Law of 1987), Sec. 5].
FILING OF CERTIFICATES OF
CANDIDACY
General Rule: The COMELEC may, motu proprio
or upon verified petition of an interested party,
refuse to give due course to or cancel a CoC upon
showing of the above-stated circumstances (OEC,
Sec. 69).
Exception to Rule: The COMELEC cannot motu
proprio deny due course to or cancel an alleged
nuisance candidate’s certificate of candidacy
without providing the candidate his opportunity to
be heard (Timbol v. COMELEC, G.R. No. 206004,
February 24, 2015).
FILING OF CERTIFICATES OF
CANDIDACY
Grounds for Cancellation of Certificate of Candidacy
1. Put the election process in mockery or disrepute;
2. Cause confusion among the voters by the similarity
of the names of the registered candidates; or
3. Clearly demonstrate that the candidate has no bona
fide intention to run for the office for which the CoC
has been filed and thus prevent a faithful
determination of the true will of the electorate (OEC,
Sec. 69).
FILING OF CERTIFICATES OF
CANDIDACY

Effect of voting a nuisance candidate

The votes cast for a nuisance candidate are not
stray but counted in favor of the bona fide
candidate (Dela Cruz v. COMELEC, G.R.
No. 192221, November 13, 2012).
FILING OF CERTIFICATES OF
CANDIDACY
e. Petition to deny due course or cancel a CoC
COMELEC may cancel a CoC under the following
circumstances:
1. The false representation pertains to material matter
affecting substantive rights of a candidate; and
2. The false representation must consist of deliberate
attempt to mislead, misinform, or hide a fact which
would otherwise render a candidate ineligible
(Salcedo II v. COMELEC, G.R. No. 135886, August
16, 1999).
FILING OF CERTIFICATES OF
CANDIDACY
Material misrepresentation
Material misrepresentation in a CoC refers to the
candidate’s eligibility or qualification for elective
office, which includes false statement as to age,
residency, citizenship, being a registered voter and
any other legal qualifications necessary to run for an
elective office.
A misrepresentation which does not affect one’s
qualification to run or hold public office will not
suffice for the cancellation of a CoC.
FILING OF CERTIFICATES OF CANDIDACY
A false representation under Sec. 78 must consist of a
"deliberate attempt to mislead, misinform, or hide a
fact which would otherwise render a candidate
ineligible." It must be made with an intention to
deceive the electorate as to one's qualifications for
public office. The use of a surname, when not
intended to mislead or deceive the public as to one's
identity, is not within the scope of the provision
(Salcedo II v. COMELEC).
FILING OF CERTIFICATES OF
CANDIDACY

Effect of Disqualification
1. Final judgment before election – The
candidate shall not be voted for, and the
votes cast for him shall not be counted.
FILING OF CERTIFICATES OF
CANDIDACY
2. No final judgment until after election and receives the
highest number of votes in the election – The Court or
COMELEC shall continue with the trial and hearing
of the action, inquiry or protest and upon motion of
the complainant or any intervenor, may, during the
pendency thereof, order the suspension of the
proclamation of such candidate whenever the
evidence of his guilt is strong.
FILING OF CERTIFICATES OF
CANDIDACY
Q: Should the Vice Mayor succeed the Mayor if
the Certificate of Candidacy of the Mayor be
denied or cancelled subsequent to his
proclamation because it was later found that he
is ineligible to run for the position?
 RULE ON SUCCESSION
A: NO. The candidate for the same position who
garnered the next highest vote shall be proclaimed
as the winner. Technically, such candidate is the
first-placer for the reason that a void CoC cannot
produce any legal effect and therefore, an
ineligible candidate is not considered a candidate
at all (Maquiling v. COMELEC, G.R No. 195649,
April 16, 2013).
EFFECT OF DISQUALIFICATION
Q: What if the Mayor was disqualified because of
an election offense under Sec. 68 of the Omnibus
Election Code? Who will succeed?
A: Vice Mayor. The effect of the Mayor’s
disqualification is a permanent vacancy in the
position. Under Sec. 44 of the LGC, in case of
permanent vacancy in the position of Mayor, the
Vice Mayor will succeed.
FILING OF CERTIFICATES OF
CANDIDACY
Q: What if the Mayor was disqualified because of
an election offense under Sec. 68 of the
Omnibus Election Code? Who will succeed?
A: Vice Mayor. The effect of the Mayor’s
disqualification is a permanent vacancy in the
position. Under Sec. 44 of the LGC, in case of
permanent vacancy in the position of Mayor,
the Vice Mayor will succeed. (Sec. 44 of R.A.
7160)
CAMPAIGN
Premature Campaigning
General Rule: Any election campaign or
partisan political activity for or against
any candidate outside of the campaign
period is prohibited and shall be
considered as an election offense (OEC,
Sec. 80).
CAMPAIGN
Exception to the Rule: Political parties may hold
political conventions to nominate their official
candidates within 30 days before the start of the
period for filing a certificate of candidacy [R.A.
9369 (Poll Automation Law), Sec. 15].
The use of lawful election propaganda under
the Fair Elections Act is subject to the
supervision and regulation by the COMELEC
in order to prevent premature campaigning
and to equalize, as much as
CAMPAIGN
practicable, the situation of all candidates by
preventing popular and rich candidates from
gaining undue advantage in exposure and
publicity on account of their resources and
popularity (Chavez v. COMELEC, G.R. No.
162777, Aug. 31, 2004).