https://hdl.handle.net/20.500.14353/158 WVSU Journal for Law Advocacy (JLA) (ISSN : 1908-532X) 2026-07-16T01:07:11Z https://hdl.handle.net/20.500.14353/1134 Towards a clean and honest elections: Jurisprudence on election-related offenses: Prospects for 2022 national election and beyond Heler, Victoria A.G.; Gumban, Theda Grace S. (Extract) The vote is precious, almost sacred. It is the most powerful non-violent tool we have in a democratic society, and we must use it”. Democracy thrives when people actively participate and take part in social and political reform. Pastor H.E Fosdick (cited in Stevensons 1937) reasoned that Democracy is based upon the conviction that there are extraordinary possibilities in ordinary people. The recently concluded May 09, 2022 Election is a testament to this conviction despite the still lingering threat of COVID-19. The Commission on Elections (COMELEC) mentioned that despite the lingering threat of COVID-19, at least 76.5 million registered to cast their ballots. This shows a clear indication that Filipinos are determined to exercise their right to vote. A peaceful and effective method of selecting political leaders is through an election. A nation's citizens elect its leaders through the democratic process of voting. As a result, citizens can influence political leadership. An election is the expression of the sovereign power of the people. It is an embodiment of the popular will and Filipinos must turn out in huge numbers and understand the importance of elections in a democratic society. This article examines the legal framework governing election-related offenses under the Philippine Omnibus Election Code and analyses the jurisprudence interpreting these offenses in light of contemporary electoral challenges. It provides a comprehensive discussion of prohibited acts such as vote-buying, voter intimidation, misuse of public resources, election-related violence, and other offenses, supported by relevant Supreme Court decisions and special election laws. The article further evaluates the adequacy of existing election laws in addressing emerging issues associated with digital campaigning, social media, and online disinformation, particularly during the 2022 National Elections. It concludes by emphasizing the need to strengthen electoral legislation, enhance voter education, and improve regulatory mechanisms to safeguard electoral integrity, uphold democratic participation, and ensure clean, honest, and credible elections in the digital age. 2189-06-01T00:00:00Z https://hdl.handle.net/20.500.14353/1135 Exploiting electoral exchanges: The rules on substitution of candidates in the Philippine electoral system Ruel, Philipp Centenni L. (Extract) Every six years, Filipinos are set to elect the new President, Vice President, and Senators while the selection of new members of the House of Representatives, mayors, governors, barangay officials, as well as the Sangguniang Panlalawigan, Bayan, and Kabataan are done every three years. In the months before elections, politicians need to campaign where they banner their advocacies, platforms, and general plans for governance. As citizens, we must be invested in the electoral process as this serves as the mechanism to legitimize who will be our carefully chosen leaders who will take the reins in running the country. One current trend that has left many - political scientists, analysts, politicians, and regular citizens even - perplexed is the drama, chaos, and development when it comes to the substitution of candidates. Indeed, it is essential to be wary of the election process, but it is also crucial for the interest of the general public to discuss the controversy regarding the substitution of candidates which has caught the public’s attention. Philipp Centenni L. Ruel examines the legal framework governing the substitution of candidates under the Philippine Omnibus Election Code. He analyzes the statutory provisions, relevant Supreme Court jurisprudence, and recent electoral controversies involving candidate substitutions, particularly the use of placeholder candidates and strategic withdrawals. Ruel argues that the existing legal framework has been exploited to circumvent the intent of election laws, thereby undermining electoral integrity, public confidence, and democratic accountability. He concludes by recommending legislative and policy reforms to strengthen the regulation of candidate substitution, close legal loopholes, and promote free, honest, orderly, and credible elections in the Philippines. 2021-01-01T00:00:00Z https://hdl.handle.net/20.500.14353/175 The Philippine party-list system and representation of marginalized populations Bionat, Justin Francis The Party-list system is a unique aspect of the Philippine political system; a political battleground designed to ensure a representative democracy that allows for ample and proportional representation of marginalized groups in the House of Representatives. Guaranteed by Article 6 of the 1987 Philippine Constitution, the party-list system was created by the framers of the constitution as “a scheme aimed at giving meaningful representation to the interests of sectors which are not adequately attended to in normal deliberations(1)”. This article particularly explores the party-list system and argues for a necessary revamping of the process of selection and accreditation of party-lists. As Congress is empowered to define and prescribe the mechanics of party-list representation, laws like the Omnibus Election Code and the Party-list Systems Act have allowed for this system to operate. The 18th Congress has seen the party-list system continue to grow; however, it still lacks a mechanism to ensure proper representation. With the national elections happening this year, we again see the same trend of party-lists vying for a seat in Congress. However, just like in previous elections, these party-lists do seem to represent a clear marginalized group. So, is there a need to revamp the party-list system? And does being marginalized even matter anymore? In the fourth chapter, Bionat revisits the legislative intent behind the party-list system as illustrated in 2003 and 2009 party-list elections and notes that its true purpose is for sectoral representation, meant to promote social justice and to represent the marginalized and underprivileged sectors remain unfulfilled. Bionat proceeds with a careful examination of party-lists representatives occupying congressional seats in the 18th Congress and have principally sponsored bills in the areas of education, women, and gender, and senior citizens. Bionat argues for the necessity of revamping the party-list system to accommodate marginalized groups. A key strategy he suggests is to improve the process of accreditation of party-lists by the COMELEC. He observes in the recently concluded 2022 national elections some interesting party lists groups declared eligible to run such as WOW Pilipinas Partylist, MOCHA Partylist, UMA Ilonggo Partylist, Barkadahan Partylist, and SMILE Partylist. From this, he emphasizes the need to improve the party-list system which is part and parcel of our flourishing democracy of, for, and by the people. 2021-01-01T00:00:00Z https://hdl.handle.net/20.500.14353/173 Back to the future's past: An overview of the recently concluded 2022 National Elections Gacayan, Clyde Ben A.; Yap, Edson Chase H.; Aguaras, Kirby V.; Aviles, Rene M. Jr.; Gumban, Theda Grace S.; Guillem, Mike Gabriel G.; Silla, Vanessa G. (Extract) With the pandemic placing additional stress on both private and government institutions, the Philippines is at a historic crossroads with the need to elect leaders who can propel the nation toward economic recovery and democratic awakening. Last May 9, 2022, approximately 67.5 million Filipinos went to the polling precincts to decide who the next leaders should be. There were thousands of positions up for election all over the country, ranging from the Presidency, Vice Presidency, seats in the Senate, and up to 18,000 local positions, including provincial governors and city mayors. As laid out by the 1987 Constitution, those aspiring to be President and Vice President must be natural-born citizens of the Philippines, registered voters, able to read and write, at least forty (40) years of age on the day of the election, and residents of the Philippines for at least ten (10) years immediately preceding such election. Aspiring senators must be natural-born citizens of the Philippines, registered voters, able to read and write, at least thirty-five (35) years of age on the day of the election, and residents of the Philippines for not less than two years before the election day... ...While there are many questions regarding the legitimacy of the recently-concluded May 2022 elections, most especially the presidency of Ferdinand Marcos Jr., it is already moot and academic to wage a legal battle against it as the Supreme Court has decided that the elections were just and valid. Nevertheless, we shall be forward-thinkers and hope that this administration will perform for the next six years. More so, we must be vigilant in protecting our rights, especially our human rights. We must oppose any act that threatens our civil and political rights as elections are not the end to what we can collectively achieve as a nation, but a new beginning for nation and citizenship building. We should all remind ourselves that no one is above the law, not even the President himself. Every Filipino should be a law-abiding citizen even when it comes to adhering to simple rules in our daily lives. The law maintains peace and justice and keeps us away from chaos and futility. Let us all be game-changers in our society by fighting for our causes and advocacies. Let us not succumb to evil intentions and peacefully combat those who are trying to undermine the rule of law. The first chapter provides the reader with both the historical and political context that has shaped election results. Co-authored by the seven student editors of the Journal (Clyde Gacayan, Edson Yap, Kirby Aguaras, Rene Aviles, Vanessa Silla, Theda Gumban & Mike Guillem) this chapter is a recollection of the most important events of the election which were revisited to provide context to the most pressing legal questions that surrounded the polls. This includes the pre-campaign period, where the rules on substitution of candidates have seemingly worked in favor of the Marcos-Duterte tandem. Further, the campaign period, which is regulated by Republic Act (R.A.) No. 9006 or the Fair Elections Act, was marked by legal challenges as to campaign spending and the use of different media platforms, such as social media and ‘Operation Baklas” of the COMELEC, against which the Supreme Court issued a temporary restraining order as early as March 8, 2022. The May 9 polls, despite having a high voter turnout of 82.6%, were characterized by international observers as not meeting global standards for a free and fair election, as reports of election-related human rights violations surfaced. As early as the evening of election day, the landslide win of the Marcos-Duterte tandem became apparent yet unconvincing to many. What happened thereafter was unprecedented in Philippine electoral history. There were no pre-proclamation controversies nor election contests filed specifically against Marcos Jr., and his inauguration as the 17th President of the Republic of the Philippines went smoothly, overshadowing his family’s legal theatrics to escape liability from the 21-year dictatorial rule of his father, Ferdinand Marcos, Sr. 2021-01-01T00:00:00Z