JLaw Firm

07/09/2023

llustration on PETITION for DISQUALIFICATION, NUISANCE, or CANCELLATION of COC at COMELEC

Here's a scenario involving two candidates, Cardo Dalisay and Tangol Dalisay, where Cardo files a petition alleging that Tangol is a nuisance candidate for Barangay Chairman.

• Initial Petition by Cardo

Soon after Tangol Dalisay files his Certificate of Candidacy, Cardo Dalisay decides that Tangol is a nuisance candidate.

Cardo prepares a verified petition outlining his allegations and emails it as a PDF to the Office of the Clerk of the Commission (OCOC) within five days from filing of the COC.

• Payment Procedures

Cardo then pays the required fee of Php 10,100.

The OCOC emails him an order of payment. Cardo chooses to pay via a Manager's Check.

• Paperwork and Receipts

After securing the payment, Cardo files four hard copies of the verified petition, along with the payment receipt, at the OCOC office in Manila.

He opts for a courier service to make sure it gets there quickly.

• Assignment and Inspection

The OCOC reviews the filing and assigns it to either the First or Second Division.

They assess the petition based on the rules and decide whether it should proceed or be dismissed.

• Summons to Tangol

Since the Division finds the petition in proper order, a summons is sent to Tangol Dalisay, requiring him to respond.

• Tangol's Response

Tangol receives the summons and must respond by emailing an Answer cm Memorandum within five days, again to the OCOC's email.

• Case Under Evaluation

Once Tangol's answer is received, or if the five-day period elapses without a response, the case moves into the resolution phase.

The Commission may require further clarifications, but generally, they prepare to issue a ruling.

• Resolution and Notification

The Division or Commission En Banc releases their resolution. Both Cardo and Tangol will be notified by email or registered mail.

• Option for Reconsideration

Unsatisfied with the resolution, Cardo could choose to file a Motion for Reconsideration within five days, paying an additional Php 1,000 fee.

• Conclusive Steps

A final Certificate of Finality and Entry of Judgment is issued after five days from notifying the parties of the resolution unless the Supreme Court steps in with a restraining order.

In this way, the entire process unfolds, giving both Cardo and Tangol fair opportunities to present their cases and receive a judgment.

23/06/2023

Reminders:

COMELEC Rules on Barangay and SK Elections October 2023

Based on COMELEC Resolution 10924, here are some important points to note:

1. What is Allowed:

a. Printed Materials: You can use pamphlets, leaflets, cards, decals, stickers or other written stuff. But they can’t be bigger than 8.5 inches wide and 14 inches long.

b. Letters: You can write handwritten or printed letters to ask people to vote for or against any candidate.

c. Posters: You can put up posters made of cloth, paper, cardboard or other materials. They can’t be bigger than 2 feet by 3 feet.

d. Streamers: At public meetings or rallies, you can display streamers but they can’t be bigger than 3 feet by 8 feet.

You can put them up 5 days before the event and you must take them down within 24 hours after the event.

e. Mobile Units: You can use vehicles, motorcades, bicycles, or animal-drawn carts for campaigning.

They can have sound systems or lights, but must follow size limits.

f. Paid Ads: You can have paid advertisements in newspapers or on radio and TV.

There are specific rules for this in Section 243 and the Fair Elections Act.

g. Headquarters and Homes: You can display election stuff at the candidates' headquarters and homes, but no big banners or streamers.

h. Other Stuff: Any other election propaganda that's not banned by the rules.

2. Be Environment Friendly:

Candidates should use materials that are recyclable and don’t have harmful chemicals.

If the local government has rules about using plastics, candidates must follow them.

3. Accessibility for Everyone:

If the election propaganda is on TV or the internet, it should have sign language interpreters and closed captions for deaf people.

Candidates should try to have their printed materials available in Braille for blind people

29/05/2023

Erwin T. Tulfo Prevails as COMELEC Dismisses Disqualification Petition

In a decision that underscores the importance of procedural deadlines, the Second Division dismissed a disqualification petition against Erwin T. Tulfo, the Party-List Representative nominee for the Anti-Crime and Terrorism Community Involvement and Support (ACT-CIS) Party List.

The dismissal was based on a lack of jurisdiction.

ACT-CIS, which garnered 2,111,091 votes in the 2022 National and Local Elections - the highest among all Party-List candidates - secured three congressional seats. The COMELEC en banc proclaimed the party's victory on May 26, 2022.

However, a petition to disqualify Tulfo was not filed until March 1, 2023, nine months after the party's proclamation. According to Section 4(b), Rule 5 of COMELEC Resolution No. 9366, disqualification petitions against Party-List nominees must be filed by the date of proclamation, rendering the petition against Tulfo out of time.

Further complicating matters, Jeffrey Soriano, ACT-CIS's third nominee, resigned on February 22, 2023.

, the fourth nominee, is now slated to assume Soriano's seat, as per Section 16 of Republic Act No. 7491.

This case underscores the intricate nature of electoral rules and their implications on our democratic processes.

It stands as a testament to the importance of understanding the governing laws and timely adherence to established rules in the electoral system.

08/08/2022

The Philippine Overseas Employment Administration (POEA) issued an advisory order after the enactment into law of Republic Act 11862 or the "Expanded Anti-Trafficking in Persons Act of 2022," which raises the age of domestic helpers from 23 to 24 years old.

The amended provision provides: "In the case of overseas domestic workers, a 'child' means a person twenty-four (24) years old."

Thus, "pursuant to the above provision, the existing minimum age for domestic workers set by the POEA Governing Board Resolution No.14 Series of 2007, is increased from 23 to 24 years old," according to POEA Advisory.

23/07/2022

PBBM to Appoint new BTA?

Section 2 of REPUBLIC ACT NO. 11593 (Resetting the First BARMM Election) provides:

Section 2. During the extension of the transition period, the Bangsamoro Transition Authority (BTA) shall continue as the interim government in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM): provided, however, That the President may appoint the eighty (80) new interim members of the BTA who shall serve up to June 30, 2025 or until their successors shall have been elected and qualified.

Here, the appointment of new members of the BTA is not mandatory for it merely uses the term "may" instead of "shall." This gives President Marcos, Jr, wide latitude of discretion whether to appoint or allow the incumbent members to continue to serve until June 30, 2025.

To this date, Malacañang has not announced any update as to the appointment of new members of the BTA.

20/07/2022

IS CONSENT of wife required for a Muslim husband to remarry?

The general rule that a Muslim husband is not allowed under the Muslim Code (P.D. No. 1083) to contract second, third or fourth marriage.

But there is an exception: “he can deal with them with equal companionship AND just treatment as enjoined by Islamic Law.”

In addition, he must comply with requirements enumerated under Article 162 of the said law. This includes a notice to be filed before the Shariah Court of his intent to marry another for the clerk of court to notify the wife or wives.

Here, the wife should give consent or the permission of the court in case wife refuses to give consent. This is a mandatory requirement for a husband to marry another.

It must be noted as instructs by the Supreme Court in Salanatin-Malaki vs. People (G.R. No. 211075, Nov. 15, 2021): failure to comply with the statutory requirements under the Muslim Code shall be punished by arresto mayor or a fine.

The Muslim Code applies to marriage, their nature, consequences, and incidents between fellow Muslims, between a male Muslim and a non-Muslim solemnized in Muslim rites, between spouses who both converted to Islam after their marriage, and between a Muslim and a non-Muslim entered into prior to the Code’s effectivity.

10/07/2022

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05/07/2022

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27/06/2022

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