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Towards a clean and honest elections: Jurisprudence on election-related offenses: Prospects for 2022 national election and beyond

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WVSUJLAW-2021-1-Heler-FLT.pdf (745.2Kb)
Date
2021-2022
Author
Heler, Victoria A.G.
Gumban, Theda Grace S.
Geographic name
Pilipinas TGN
Metadata
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Abstract
(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.
Description
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.
Contributes to SDGs
SDG 10 - Reduced inequalities SDG 16 - Peace, justice and strong institutions
URI
https://hdl.handle.net/20.500.14353/1134
Recommended Citation
Heler, V. A., & Gumban, T. G. S. (2021). Towards a clean and honest elections: Jurisprudence on election-related offenses: Prospects for 2022 national election and beyond. WVSU Journal for Law Advocacy, 1, 2021-2022, 54-74.
Type
Article
ISSN
1908-532X
Subject
Voting--Social aspects OCLC - FAST (Faceted Application of Subject Terminology) Elections OCLC - FAST (Faceted Application of Subject Terminology) Election law OCLC - FAST (Faceted Application of Subject Terminology) Voting OCLC - FAST (Faceted Application of Subject Terminology) Democracy OCLC - FAST (Faceted Application of Subject Terminology) Political participation OCLC - FAST (Faceted Application of Subject Terminology)
Collections
  • SDG 10 - Reduced Inequalities - WVSU's Contributions to UN Sustainable Development Goa [29]
  • SDG 16 - Peace, Justice and Strong Institutions - WVSU's Contributions to UN Sustainable Development Goal [18]
  • WVSU Journal for Law Advocacy, 1, 2021-2022 [6]

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