THE LEGAL FRONT

 Trust, the tie that binds
BY ATTY. ARTURO D. BRION, LL.B., LL.M.

Trust is the “firm belief in the reliability, truth, ability, or strength of someone or of something.” In this sense, it is the basic foundation of our representative democracy which operates on the strength of trust: People entrust their care and welfare to periodically chosen representatives who promulgate and implement the laws that our society needs. These representatives are our senators and congressmen – the members of the legislative branch who pass our laws, and the president and vice president of the executive branch, who implement these laws.

GUIDELINES FOR FILING OF CERTIFICATE OF CANDIDACY

        Pursuant to Comelec Resolution No. 10924 dated June 7, 2023, herewith are the guidelines for Filing of Certificate of Candidacy for October 30, 2023, Barangay and Sangguniang Kabataan Elections. (BSKE). Per Comelec Resolution No. 10905, the period for filing a certificate of candidacy is on August 25, 2023, up to September 2, 2023.

2023 CALENDAR OF ACTIVITIES

Resolution No. 10905

Promulgation: 03 May 2023

REVISED CALENDAR OF ACTIVITIES AND PERIODS OF CERTAIN PROHIBITED ACTS IN CONNECTION WITH THE OCTOBER 30, 2023 SYNCHRONIZED BARANGAY AND SANGGUNIANG 

KABATAAN ELECTIONS (BSKE).

WHEREAS, the Commission on Elections (Commission) has promulgated on March 22, 2023 Resolution No. 10902 entitled "REVISED CALENDAR OF ACTIVITIES AND PERIODS OF CERTAIN PROHIBITED ACTS IN CONNECTION WITH THE OCTOBER 30, 2023 SYNCHRONIZED BARANGAY AND SANGGUNIANG KABATAAN (SK) ELECTIONS" prescribing the activities, periods and prohibited acts in connection with the October 30, 2023 Synchronized Barangay and Sangguniang Kabataan Elections (BSKE);

PREMATURE ELECTION CAMPAIGN

 Premature Election Campaign – SC Jurisprudence

G.R. 181613 dated November 25, 2009.

Ruling of the Supreme Court –: No, the court held that the campaign period for local officials began on 30 March 2007 and ended on 12 May 2007. Penera filed her certificate of candidacy on 29 March 2007. Penera was thus a candidate on 29 March 2009 only for  purposes of printing the ballots. On 29 March  2007, the law still did not consider Penera a candidate for purposes other than the printing of ballots. Acts committed by Penera

VOTE-BUYING PRIMER

VOTE BUYING PRIMER

WHO MAY COMMIT

OMNIBUS ELECTION CODE

 

261. (a) Vote-buying and vote-selling. –

 

(1) Any person who gives, offers or gives or promises any office or employment, franchise or grant, public or private, or makes or offers to make an expenditure, directly or indirectly, or cause an expenditure to be made to any person, association, corporation, entity, or community in order to induce anyone or the public in general to vote for or against any candidate or withhold his vote in the election, or to vote for or against any aspirant for the nomination or choice of a candidate in a convention or similar selection process of a political party.

 

(2) Any person, association, corporation, group or community who solicits or receives, directly or indirectly, any expenditure or promise of any office or employment, public or private, for any of the foregoing consideration.

         

(b) Conspiracy to bribe voters. – Two or more persons, whether candidates or not, who come to an agreement concerning the commission of any violation of paragraph (a) of this section and decide to commit it.