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Prosecutionofelectionoffenses q who has the authority

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Unformatted text preview: allots, the cost of which shall not be taken into account in determining the amount of expenses which a candidate or political party may have incurred. (Sec. 102, B.P. 881 Omnibus Election Code) Q: What are the limitations on expenses for the candidates and political parties? A: 1. For candidates a. President and Vice‐President – P10/voter b. Other candidates, if with party – P3/voter c. Other candidates, if without party – P5/voter 2. For political parties – P5/voter (COMELEC Resolution No. 8758) 172 Q: What is a statement of contribution and expenses? A: Every candidate and treasurer of the political party shall, within 30 days after the day of the election, file in duplicate with the offices of the COMELEC, the full, true and itemized statement of all contributions and expenditures in connection with the election. (Sec. 14, R.A. 7166) Q: Is the conduct of election survey prohibited? A: No. The SC held that Sec. 5.4 of the Fair Election Act prohibiting publication of survey results 15 days immediately preceding a national election and 7 days before a local election violates the constitutional rights of speech, expression and the press because: 1. It imposes a prior restraint on the freedom of expression 2. It is a direct and total suppression of a category of expression and even though such suppression is only for a limited period; and 3. The governmental interest sought to be promoted can be achieved by means other than the suppression of freedom of expression (SWS v. COMELEC, G.R. No. 147571, May 5, 2001) h. BOARD OF CANVASSERS Q: What is the composition of the Board of Canvassers (BoC)? A: 1. Provincial board of canvassers ‐ the provincial board of canvassers shall be composed of the provincial election supervisor or a senior lawyer in the regional office of the Commission, as chairman, the provincial fiscal, as vice‐ chairman, and the provincial superintendent of schools, and one representative from each of the ruling party and the dominant opposition political party in the constituency concerned entitled to be represented, as members. POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN...
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