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Suffrage– the right and obligation of qualified citizens to vote in the election of certain national and local of the government and in the decisions of public questions submitted to the people. It includes within its scope: election, plebiscite, initiative, referendum and recall. Election– the means by which the people choose their officials for a definite and fixed period and to whom they entrust for the time being as their representatives the exercise of the powers of the government, It involves the choice of selection of candidates to public office by popular vote. Plebiscite– a vote of the people expressing their choice for against a proposed law or enactment submitted to them. An election at which any proposed amendment to or revision of the Constitution is submitted to the people for their ratification. A constitutional requirement o secure the approval of the people directly affected, before certain proposed changes affecting local governments units may be implemented. Initiative– it is the process by which the registered voters directly propose, amend laws, national or local, though an election called for the propose. Amendments to the Constitution may likewise be directly proposed by the people though initiative. Referendum- it is at he submission of a law pass by the national or local legislative body to the registered voters of an election called for the purpose for their ratification or rejection. Recall- it is a method by which a public officer may be removed from office during his tenure or before the expiration of his term by a vote of the people after registration of a petition singed by a required percentage of the qualified voters. Since the right of suffrage is a political and not a natural right, it is within the power of the state prescribe the manner in which such right shall be exercised. Congress is mandated by the Constitution (Sec.2, Art. V): To provide a system for securing the secrecy and sanctity of the ballot, and for absentee voting by qualified Filipinos abroad, and To design a procedure for the disabled and the illiterate to vote without the assistance of other persons. THE COMMISSION ON ELECTIONS Composition, Qualifications, Appointment, Term of Office The COMELEC is composed of a chairman and six (6) Commission, The Chairman and the Members of the Commission shall be:
natural -born citizens of the Philippines at least thirty-five years of age holders of a college degree must not have been candidates for any elective position in the immediately preceding election majority thereof, including the Chairman shall be members of the Philippines Bar who have been engaged in the practice of law for at least 10 years (reason: COMELEC exercises quasi-judicial powers) The Chairman and Members are appointed by the president with the consent of the commission on Appointment for the term seven (7) years without reappointment on a staggered basis to make the COMELEC a continuing and self-perpetuating body. Consequently, its members would have the benefit of the experience and expertise of the order members of the performance of its functions, and makes for greater responsibility for its policies and decisions and serve as guarantee against arbitrary action which is likely to occur in a body handling partisans questions. A member appointment and designations in temporary or acting capacity are not allowed to preserve its independence. Disabilities, inhibitions\disqualifications 1. Shall not, during tenure, hold any other office or employment 2. Shall not engage in the practice of profession 3. Shall not engage in active management or control of any business which in any ay may be affected by the functions of his office 4. Shall not be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the Government, any of its subdivisions, agencies or instrumentalities, including GOCC s or their subsidiaries. Safeguards to insure the independence of the COMELEC It is constitutionally created; may not be abolished by statute It is expressly described as “independent” It is conferred with certain powers and functions which cannot be reduced by statute. The chairman and members cannot removed except by impeachment. be
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The chairman and members are given fairly long term of office of seven years. The chairman and members may not be reappointed or appointed in an acting capacity. The salaries of the chairman and members are relatively high and may not be decreased during continuance in office. The COMELEC enjoy fiscal autonomy. The COMELEC may promulgate its own procedural rules, provided they do not diminish, increase or modify substantive rights (though subject to disapproval by the Supreme Court) The Chairman and Members are subject to certain disqualifications calculated to strengthen their integrity. The COMELEC may appoint their own officials and employees in accordance with Civil Service Laws. En Banc & Division Cases SEC 3, ART IX-C “The COMELEC may sit en banc or in two divisions, and shall promulgate its rules of procedure in order to expedite disposition of election cases, including pre-proclamation controversies. All such election cases shall be heard and decided in division, provided that motions for reconsideration of decision shall be decided by COMELEC en banc” The Supreme Court set aside the resolutions/decisions of the COMELEC because dthe COMELEC en banc tokk original cognizance of the cases without referring them first to the appropriate Division (Sarmiento vs. COMELEC 212 SCRA 307; Zarate vs COMELEC, 318 SCRA 608) Interlocutory orders issued by a division of the COMELEC cannot be elevated to the COMELEC en banc. (Kho vs. COMELEC, 279 SCRA 463) The following cases must be decided in Division before they may be heard en bnc on motion for reconsideration: Petition to cancel a certificate of candidacy. (Garvida vs. Sales, 271 SCRA 764) Cases appealed from the RTC or MTC (Zarate vs. COMELEC,318 SCRA 608) Petition for certiorari involving incidental issues of election protest.(Soller vs. COMELEC,339 SCRA 685) The COMELEC en banc, however, may directly assume jurisdiction over petitions for correction of manifest errors in the tabulation or tallying of results (Ststement of votes) by the Board of Canvassers, notwithstanding that the
same is a pre-proclamation comtroversy. Section 5, Rule 27 of the 1993 Rules of the COMELEC expressly provides that preproclamation controversies involving correction of manifest errors in the tabulation of results may be filed directly with the COMELELEC cen banc. (Torres vs. COMELEC,270 SCRA 583; Ramirez vs. COMELEC,270 SCRA 590) The COMELEC en banc determines the existence of probable cause.(Faelnar vs. COMELEC,331 SCRA 429) DECISIONS ART IX-A, Section 7 “Each commission(COMELEC) shall decide by a majority vote of all its Members any case or matter brought before it within sixty days from date of its submission for decision or resolution. A case or matter is deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the rules of the Commission or by the Commission itself. Unless otherwise provided by the Commission or by law; any decision, order, or ruling of each Commission may be brought to the Supreme Court on certiorari by the aggrieved party within 30 days from receipt of a copy thereof.” The COMELEC shall decide by a majority vote of all its members in any case or matter brought before it within 60 days from date of its submission for decision or resolution. Two members shall constitute a quorum for the transaction of the official business of the Division. A case being heard by it shaa be decided with the unanimous concurrence ofc all three Commissioners and its decision shall be considered a decision of the commission. If this required number is not obtained, as when there is a dissenting opinion, the case may be appealed to the Commission en banc, in which case the vote of the majority shall be the decision of the Commisssion. The court holds that 2-1 decision rendered by the First Division was a valid decision under ART IX-A ,Section 7 of the Constitution. Furthermore, the three members who voted to affirm the First Division constituted a majority of the five members who deliberated and voted thereon en banc and their decision is also valid under the aforecited constitutional provisions. (Cua vs. COMELEC, 156 SCRA 587) One who is no longer a member of the COMELEC at the time the final decision or resolution is promulgated cannot validly take part in that resolution or decision,much more could he be the ponente of the resolution or decision. (Ambil vs. COMELEC, 344 SCRA 358) RULES OF PROCEDURE The COMELEC en banc may promulgate its own rules concerning pleadinga and practice before it or before any of its offices. Such rules,
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however, shall not diminish,increase or modify substantive rights. The Rules of Court applies suppletorily to proceedings before the COMELEC. (Paangarungan vs. COOMELEC,216 SCRA 522) CONSTITUTIONAL POWERS AND FUNCTIONS Enforce and administer conduct of elections laws relative to
The COMELEC has no jurisdiction over questions involving the right to vote which includes qualifications and disqualifications of voters, the right of a person to be registered as voter, the right to cast his vote, and other allied questions. Such questions shall be decided by the courts.( Naciionalista Party vs. COMELEC, 84 Phil 49) Election contests involving elections of SK officials do not fall within section 252 of the OEC and paragraph 2,section ART.IX-C of the Constitution and no law in effect prioir tom the ratification of the constitution has made the SK Chairman an elective barangay official. SK elections are under the direct control and supervision of the DILG. (Ahman vs. Mirasol,276 SCRA 501) Decisions/determinations made by the COMELEC in the exercise of this power, being merely administrative(not quasi judicial) in character, may be questioned in an ordinary civil action before the trial courts.(Filipinas Engineering vs. Ferrer,135 SCRA 25) Deputize law enforcement agencies with the concurrence of the President Register political parties and accredit its citizens arms File petitions, investigate and prosecute Recommend measures to improve election laws Recommend the imposition of disciplinary action upon an employee it has deputized for violation of its order. Since the COMELEC can recommend that disciplinary action be taken against an officer it had deputized, idt can investigate an administrative charge against such an officer to determine whether or not it should recommend that disciplinary action can be taken against him (Tan vs. COMELEC,237 SCRA 353) Regulation of public entities and mediaSection 4, IX-C “The Commission may, during the election period, supervise or regulate the enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities, media of communication or information, all grants special privileges, or concessions granted by the Government or any subdivision, agency or instrumentality thereof, including any government-owned or controlled corporation or its subsidiary. Such supervision or regulation shall aim to ensure equal opportunity, time, and space and the right to reply, including reasonable equal rates therefor, for public information campaigns and forums among candidates in connection with the
The regular courts have no jurisdiction to entertain a petition to enjoin the construction of public works projects within 45 days before an election. (Gallardo vs. Tabamo,218 SCRA 253) Decide election contests involving regional, provincial and city officials ELECTION CONTEST refers to the adversary proceedings before which matters involving the title or claim to an elective office made before or after proclamation of the winner,is settled whether or not the contestant is claiming the office in dispute. It is neither a civilk action nor crimianal proceeding;it is a summary proceeding of a political character. Its purpose is to ascertain the candidate lawfully elected to office.(Javier vs. COMELEC,144 SCRA 194) The COMELEC has exclusive appellate jurisdiction over,inter alia, contest involving elective barangay officials decided by trial courts of limited jurisdiction.(Beso vs. abolla,327 SCRA 100) The provision of RA 6679 granting appellate jurisdiction to the RTC over decisions of MTCs in electoral cases involving elective barangay officials is unconstitutional. (Flores vs. COMELEC,184 SCRA 484) The COMELEC is the proper appellate court clothed with jurisdiction to hear the appeal, which must first be filed wiyhin 5 days after the promulgation of the MTCs decision(Antonio vs. COMELEC,315 SCRA 62) The election of SK are goverened by the Omnibus Election Code. Any contest relating to the election of the SK (including the chairman whether pertaining to their eligibility or the manner of their election is cognizable by MTCs,MTCCs, and MeTCs. It is the proclamation which marks off the jurisdiction of the courts from the jurisdiction of election officials. (Marquez vs. COMELEC, 313 SCRA 103) The COMELEC has appellate jurisdiction over election protest cases involving elective municipal officials decided by courts of general jurisdiction. (Carlos vs. Angeles,346 SCRA 671) Decide all questions affecting elections
COMELEC. COMELEC. and mandamus over decisions of trial courts of general jurisdiction in election cases involving elective municipal officials. It is a direct and total suppression of the category of expression even though such suppression is only for a limited period. 9.289 SCRA 33) An exit poll is a species of electoral survey conducted by qualified individuals or groups of individuals for the purpose of determining the probable result of an election by confidentially asking randomly selected voters whom they have voted for. RA 6646. COMELEC. Issue writs of certiorari. Note that GOCCs are among those that may be supervised and regulated by the COMELEC. and c.does not justify a total ban on them. and the authority of the COMELEC to procure print space (upon payment of just compensation) and free airtime for allocation to candidates. Summons parties to a controversy pending before it 5. (Telecommunication and Broadcast Attorneys of the Philippines vs. The court takes jurisdiction first shall exercise exclusive jurisdiction over the case. Comelec. 6 SCRA 270) 7. honest. Promulgate rulwes of procedure concerning pleadings and practice before it or any of its offices. Power to declare failure of election and call for special election.prohibition. GR No. COMELEC. (Montejo. (Carlos vs. COMELEC) The SC held that SEC 5. Exclusive original jurisdiction over all preproclamation controversies.peaceful. Exercise direct and immediate supervision and control over officials required to perform duties relative to the conduct of election. The authority given to the COMELEC is to be exercised ofr the purpose of ensuring free. Punish contempts provided for in the Rules of Courts. but this power may be exercised only while the COMELEC is engaged in the performance of quasi-judicial functions and not administrative functions.but also for long term research. Prescribe forms to be used in the election 10. This refers mainly to the power to correct an error because of the omission of a municipality or an error in the name of a municipality and does not include the power to make a reappointment of legislative districts. Promulgate rules and regulations implementing the Election Code 8. The COMELEC is merely authorized to adjust the number of congressmen apportioned to an old province if a new province is created out of it and does not authorize the COMELEC to transfer municipalities from one legislative district to another.supra) Pardon violators of election laws. Submit report on how a previous elections was conducted.242 SCRA 415) Adjust the apportionment in a case of creation of new provinces or cities.(Guevarra vs.323 SCRA 811) An absolute prohibition would be unreasonably restrictive.because it effectively prevents the use of exit poll data not only for election-day projections.2001) Make minor adjustments of the apportionment of legislative districts. 147571. 3. The governmental interest sought to be promoted can be achieved by means other than the suppression of freedom of expression. It imposes prior restraint on the freedom of expression. 2. STATUTORY POWERS 1.immediately after they have officially cast their ballot. equjipment. b. 104 PHIL 269 and Masangcay vs. and credible elections. (Montejo vs. materials or services needed for the holding of election 4 . Angeles. orderly.and the press because: a. Enforce and execute its decisions and orders 6.honest. prohibition The COMELEC has the authority to issue extraordinary writs of certiorari.ZPG & Associates objective of holding free. Procure any supplies. peaceful.346 SCRA 571) 4.and credible elections and only during the elecxtion period.(ABS-CBN Broadcasting corporation vs.prohibition and mandamus in aid of its exclusive appellate jurisdiction. May 5. The SC upheld the validity of Section 11(b). prohibiting the sale odr donation of print space or airtime for political advertisements. The COMELEC concern with the possible non communicative effect of exit polls-disorder and confusion in the voting centers. The holding of exit polls and the dissemination of their results through mass media constitute an essential part of freedom of speech and of the press. COMELEC. The COMELEC has the power to cite for contempt. The reason behind the principle of ballot secrecy is to avoid vote buying through voter identification (ABS-CBN Broadcasting Corporation vs. (Social Weather Station vs. Both the SC and the COMELEC have concurrent jurisdiction to issue writs of certiorari. orderly.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.
is not issued pursuant to the COMELEC’s quasi-judicial functions but merely as an incident of its inherent administrative functions over the conduct of plebiscites. (Salva vs. the court exercises extraordinary jurisdiction. 1997 Rules of Civil Procedure.(Guerero vs. beyond judicial interference. 211 SCRA 315) A resolution of the COMELEC awarding a contract for the supply of voting booths to a A decision. educational activities. COMEL. JUDICIAL REVIEW OF DECISIONS private party. employment in public or private service.supra) The alleged nature or the COMELEC to implement its resolution ordering the deletion of a candidate’s name in the list of qualified candidates does not call for the exercise of the SC’s function of judicial review as it is undoubtedly administrative in nature. order or ruling en banc may be elevated to the SC is the civil action of certiorari under Rule 65 of the 1964 Revised Rules of Court. COMELEC. Any question arising from said order may be taken in an ordinary civil action. and (3) an intention to abandon the old domicile. 358) VOTERS: REGISTRATION QUALIFICATION AND Qualification for Suffrage Filipino citizenship.336 SCRA 458) What is contemplated by the term “final orders. (Ambil vs. order or resolution of a division of the COMELEC must be reviewed by the COMELEC en banc decision may be brought to the supreme Court on certiorari. Age. as amended. Residence. (Filipinas Engineering vs. an interlocutory order or even a final resolution of a Division of the COMELEC.ZPG & Associates 11. COMELEC. Any person who. (Aratuc vs. COMELEC. property or other substantive requirement shall be imposed on the exercise of suffrage. ruling and decision of the COMELEC rendered in the exercise of its adjudicatory or quasi-judicial powers. (Salva .a person may be registered as a voter although he is less than 18 years at the time of registration if he will be at least 18 on the day of election. (2) an intention to remain there. (Ambil vs. is not reviewable by certiorari as it is not order rendered in the legal controversy before it but merely as incident to its inherent administration functions over the conduct of elections. 344 SCRA 358) The Supreme Court has no power to review via certiorari. Carry out continuing and systematic campaign to educate the public about elections 13. Prescribe the use or adoption of the latest technological and electronic devices 12. and any question pertaining to the validity of said resolution may be well taken in an ordinary civil action before the trial courts.it may be by birth or naturalization. thus the proceeding is limited to issues involving grave abuse of discretion resulting in lack or excess of jurisdiction and does not ordinarily empower the court to review the factual findings of the COMELEC. now expressly provided in Rule 64. there must concur (1) residence or bodily presence in the new locality. service in the AFP. Enlist non-partisan groups to assist. rulings and decisions” of the COMELEC reviewqable by certiorari by the Suprerme Court as provided by law are those rendered in actions or proceedings before the COMELEC and taken cognizance of by the said body in the exercize of its adjudicatory (or quasi-judicial) powers. 340 SRA 506) COMELEC Resolution No. 9. work in the military or naval reservations within the Philippines.344 SCRA358) A special civil action for certiorari is the proper remedy to question any final order. and at least 6 months where he proposes to vote immediately preceding the election. on the day of election shall possess such qualification.88 SCRA 251) The mode by which a decision. The residence at the place chosen for the new . the Supreme Court treats domicile and residence and residence as synonymous terms. RA 8189) In election cases. 244 SCRA 358) 5 Any decision. Any person who temporarily resides in another city municipality or country solely by reason of occupation. Makalintal. No literacy. order or ruling of the COMELEC en banc may be brought to the SC on certiorari by the aggrieved party within 30m days from receipt of the copy thereof. COMELEC.(Chavez vs. (Ambil vs. When the Supreme Court reviews a decision of the COMELEC. (Sec. Fix other reasonable periods for certain preelection requirements. PNP or confinement or detention in government institutions. as a result of its choice among various proposals submitted in response to its invitation to bid. COMELEC. COMELEC.at least 1 year in the Philippines. 2987 which provides for the rules and regulations governing the conduct of plebiscite. may register as voter. shall not deemed to have lost his original residence. profession. In order to acquire a new domicile by choice. on the days of registration may not have been reached the required period of residence but who.
Any registered voter in city or municipality ii. 5(2)(e)..] 2. Removal of disqualification for conviction Plenary pardon Amnesty Lapse of 5yaers after service of sentence (Sec. 3. 35 .226 SCRA 406) Disqualifications 1. Election Registration Board 7. IX – C. 2(6). RA 8189) iv. RTC. Manner 9. Exclusion – Any time except 100 days before a regular election or 65 days before special election. 147066. RA 8189) COMELEC [Sec. RA 8189) System of Continuing Registration The personal filing o application of registration of voters shall be conducted daily in the office of the Election Office during regular office hours. RA 8189) iii. vs. ii Exclusion – 6. Inclusion – Election Registration Board i. 35 RA 8189) 4. Supreme Court – appellate jurisdiction over RTC on question of law (15 days) [Sec. 2. Jurisdiction ii. iv. statute books and other repositories of law.. Exclusion i. 1. Inclusion – Any day except 105 days before regular election or 75 days before a special election. PC. iii. 32(b). Posting in city hall or municipal hall and two other conspicuous places in the city . Procedure ii. 2001) Inclusion and Exclution Cases 1. COMELEC GR No. iv. 39. Inclusion Private person whose application was disapprove by the Election Registration Board or whose name was stricken out from the list of waters (Sec.” (AKBAYAN – Youth et al. Rule 45 of the Rules of Court. be conducted during the period starting 120 days before a regular election and 90 days before a special election. RA 8189) Notice i. Registered mail ii. Personal delivery Leaving copy in possession of sufficient discretion in residence.ZPG & Associates domicile must be actual. (Sec. 8. RA 8189) The Supreme Court upheld the validity of the COMELEC resolution denying the petition of certain youth sectors to conduct a special registration: “Petitioners were not denied the opportunity to avail of the continuing registration under RA 8189. VIII. 35. Art. RA 8189) Each petition shall refer only to only one precinct. 24. PC] iii. Parties to be notified 6 5. 2(6). Art. IX-C. (Sec. Any person sentenced by the final judgment to suffer imprisonment for not less than one year.the law aids the vigilant and not those who slumber on their rights… “In a representative democracy the right of suffrage. (Romualdez vs. Insane or incompetent persons declared by competent authority. iii. Election Officer (Sec. Petitioners ii. as the enjoyment of all other rights subject to existing substantive and procedural requirement embodied in our Constitution. RA 8189) iv. PC] 3. Sec. No registration shall. 2. Any person adjudged by the final judgment of having commit (a) any crime involving disloyalty to the government or (b) any crime against national security (c) firearms laws. March 26. Period for Filing ii. Petition for exclusion shall be sworn (Sec.111. although afforded a prime niche in the hierarchy of right embodied in the fundamental law. Challenged voters [Sec. COMELEC [Sec. Art. Regional Trial Court – appellate jurisdiction (5 days) (Sec. RA 8189] 8. Notice stating the place day and hour of hearing shall be served through any of the following means: 10. (Sec. 34. Representative of political party iii. 33. ought to be exercised within the proper bounds frames and framework of the Constitution and must properly yield to pertinent laws skillfully enacted by the Legislature…” “The right of suffrage ardently invoked by herein petitioners is not at all absolute…the exercise of suffrage. Municipal or Metropolitan Trial Court – original and exclusive Jurisdiction\ as iii. however. (Sec.
Those that are supported by any foreign government GROUNDS FOR CANCELLATION OF REGISTRATION 1. A free and open party system shall be allowed to evolve according to the free choice of the people. organizations and coalitions 2. Signature of Chairman at back of every ballot In every case before delivering an official ballot to the voter.ZPG & Associates or municipality at least 10 days before the hearing (Sec. COMELEC. It advocates violence or unlawful means to seek its goal It is a foreign party or organization It violates or fails to comply with laws. 32c. RA 8189) • Non-appearance is prima facie evidence the registered voter is fictitious (Sec. Book of voters refers to the compilation of all registration records in a precinct. impersonation. election officer or registered political party or motu propio. said order shall stand. 33. • A party which fails to obtain at least 10% of the votes cast in the constituency in which it nominated candidates in the election next following its registration shall forfeit its registration. 32 (f). candidate or political party affected may intervene. organization or association organized for religious purposes.) (Sec. COMELEC. from national. rules and regulations relating to elections It declares untruthful statements in its petition It has ceased to exist for at least one year . Party System. and 8. The following political parties cannot be registered.2(5). qualify for accreditation. force or other similar irregularity or statistically improbable. The annulment of the list of voters shall not constitute a ground for a pre-proclamation controversy. PC] The Party – List System. List of voters refers to an enumeration of names of registered voters in a precinct duly certified by the Election Registration Board for use in the election. . RA 8189) Annulment of List of Voters 1. the Chairman of the BEI shall. and to be entitled to the rights of political parties. is a mechanism of proportional representation in the election of representatives to the House of Representatives. 181 SCRA 335) When an assailed order had been issued pursuant to COMELEC’s administrative powers in the absence of any finding of grave abuse of discretion in declaring a precinct as non – existent. POLITICAL PARTIES AND PARTY – LIST SYSTEM 7 Political party or party when used in the OEC means an organized group of persons pursuing the same ideology. 32 (f). Fails to participate in the last two preceding elections. forgery. Failure to so authenticate shall be noted in the minutes of the BEI and shall constitute an election offense punishable under Sections 263 and 264 of the OEC. judicial interference being unnecessary and uncalled for… The sacred right of suffrage guaranteed by the Constitution is not tampered when a list of fictitious voters is excluded from an electoral exercise. PC) 2. RA 8189) • No motion for reconsideration is allowed. 2. political ideas or platforms of government and includes its branches or divisions. Religious sects Those which seeks to achieve their goals through unlawful means 3. RA 8189) • Decision cannot be rendered on stipulation of facts (Sec. Art IX – C. It is a religious sect or denomination. bribery. RA 8189) • in the presence of the voter. (Ututalum vs. IV. IX – C. a political party must be registered with the COMELEC. or fails to obtain at least 2% of the votes cast under the party – list system in the two preceding elections for the constituency in which it was registered. Accepting financial contributions from foreign governments or their agencies (for partisan election purposes. intimidation. Those which refuse to adhere to the Constitution 4. Upon verified complaint of any voter. 33. A polling place refers to the building or place where the board of election inspectors conduct proceedings and where the voters cast their votes. To acquire juridical personality. 32(b). No list of voters shall be annulled within 60 days before an election (See. 334 SCRA 379) Election precinct is the basic unit of territory established by the COMELEC for the purpose of voting. 1. the COMELEC may annul a list of votes which was not prepared in accordance with RA 8189 or whose preparation was affected with fraud. (Sec. (Sarangani vs. affix his signature at the back thereof. regional and sectoral parties. RA 8189) Any voter. A political party may refer to a local regional or national party existing and duly registered and accredited by the COMELEC. Voting center refers to the building or place where the polling place is located. [Sec 2(5) Art. (Sec.
as laid down in the Constitution and RA 7941 . provide respondents cannot be disqualified from the party list elections. 6. d. sector. 147589. RA 7941 as follows: No person shall be nominated as party list representative unless he is: a. the government. COMELEC. In case of a nominee of the youth sector. The party. Any youth sectoral representative who attains the age of 30 during his term shall be allowed to continue in office until the expiration of his term. . The Party – list system was devised to replace the reserve seat system – the very essence of the party – list system is representation by election. indigenous cultural communities. That religious sector may not be represented in the party – list system. Under the Constitution and RA 7941. While even major political parties are expressly allowed by RA 7941 and the Constitution. 7 and 8. labor peasant. the nominee must likewise be able to contribute to the formation and enactment of appropriate legislation that will benefit the nation as a whole. Furthermore. so also must its nominees. etal vs. 342 SCRA 244) GUIDELINES FOR PARTICIPANTS 1. at least be 25 but not more than 30 years of age on the day of the election. COMELEC. women youth. urban poor. may participate in the party – list elections. natural – born – citizen of the Philippines b. . a registered voter. 8.. . 5 of RA 7941. including its nominees must comply with the qualification requirements of Sec. 7. organization must represent the marginalized and underrepresented groups identified in Sec. under Secs. Political parties. 9. 5 . elderly. even the major ones. 5. fisherfolk. 147589.(ang bagong Bayani – OFW Labor Party. et al. a formulation which means that any increase in the number of district representatives. 2. Art IX – C of the Constitution. 5 Art. While lacking a well – defined political constituency. majority of its membership should belong to the marginalized and underrepresented. . June 26. GR No. Proportional representation refers to the representation of the marginalized and underrepresented as exemplified by the enumeration in Sec/ 5 of the law. 1998 elections. The party organized must not be adjunct of. 2001) 3. and f. political parties may be registered under the party – list system. veterans. et al vs. COMELEC etal. . (Veterans Federation Party vs. a bonafide member of the party or organization which he seeks to represent for at least 90 days preceding the day of the election. a resident of the Philippines for a period not of no less than one year immediately preceding the day of the election. an as may be provided by law. The political party. they must show that they represent the interest of the marginalized and underrepresented. imam or pastors may be elected should they represent Not only the candidate party or organization must represent marginalized and underrepresented sectors. 4. able to read and write. merely on the ground that they are political parties. 2001) 6. overseas workers and professionals. GR No. RA 7941. (2) the two percent threshold. the 8 A party or an organization must not be disqualified under Sec. regional and sectoral parties or organizations. e. The parameters of the Filipino Party – List System are: (1) the twenty percent allocation. (3) the three seat limit.handicapped. and (4) proportional representation. The requisite character of these organizations must be consistent with the purpose of the party – list system. June 26. except for purposes of May 11. (Ang Bagong Bayani – OFW Labor Party. or a project organized or an entity funded or assisted by. “Thus. • The Constitution makes the number of district representatives the determinant in arriving at the number of seats allocated for party list lawmakers. except that priest. At least 25 years of age on the day of the election. Sec. VI of the Constitution provides that members of the House of Representatives may be elected through a party – list system of registered national. they must comply with the declared statutory policy of “Filipino citizens belonging to marginalized and underrepresented sectors to be elected to the House of Representatives. The party – list organization or party must factually and truly represent the marginalized and underrepresented constituencies mentioned in Sec. will necessarily result in a corresponding increase in the number of party – list seats . . c.ZPG & Associates thereof registered with the COMELEC. SCREENING PARTY LIST not heir religious sect but indigenous community sector. namely.
and acts which correspond with the purpose. 248 SCRA 400. her domicile of origin. he indicated that he was a resident of San Jose Concepcion. PC 1. Senators 3. his title to the office may be seasonably challenged. COMELEC. COMELEC. Tacloban became IRMs domicile of origin by operation of law when her father brought the family to Leyte. Once any of the required qualifications is lost. et al. the Supreme Court upheld the qualification of IRMarcos despite her own declarations in her certificate of candidacy that she had resided in the district for only seven months because of the following: 1. Thus. . his domicile. it was designed to resolve the conflict of laws between or among state where a decedent may have lived for various reasons. i. The wife does not automatically gain the husband’s domicile because the term “residence” in Civil Law does not mean the same thing in Political Law. 9 • In Aquino vs. . June 26. (Domino vs. finds no application in the Philippine setting because of our three seat limit and the non – mandatory character of the twenty percent allocation. . 174 SCRA 245 and Labor vs. (Frivaldo vs. it merely provides a ceiling for party – list seats in Congress . . VI of the Constitution is not mandatory. • When the Constitution speaks of residence the word should be understood. the number of additional seats to which a qualified party would be entitled is determined by multiplying the remaining number of seats to be allocated by the total number of votes obtained by that party and dividing the product by the total number of votes garnered by all the qualified parties. in the absence of clear and positive proof of the concurrence of all these. Art. eventually intends to return and remain. COMELEC. his birth of certificate places Conception. GR No. 248 SCRA 300. COMELEC 310 SCRA 546) The place where the party actually or constructively has his permanent home. while no doubt suitable for Germany. The registration of a voter in a place other than his residence of origin is not sufficient to consider him to have abandoned or lost his residence. and his bare assertion of transfer of domicile from tarlac to Makati is hardly supported by the facts of the case.39. 176 SCRA 1) Residence In Marcos vs. her acts following her return to the country clearly indicate that she chose Tacloban. for 2. is that to which the Constitution refers when it speaks of residence for the purposes of election law . not a domicilium necessarium.147589. VI and VII. which arose from American jurisprudence was not intended to govern political rights. CANDIDATES AND CERTIFICATES OF CANDIDACY 4. when IRM married Marcos in 1954. • The original concept of domicile. Local – Sec. 317 SCRA 641) The rationale of requiring candidates to have a minimum period of residence in the area in which they seek to be elected is to prevent the possibility of a stranger or newcomer unacquainted with the conditions and needs of a community and not identified with the latter from seeking an elective office to serve that community . Even assuming that she gained a new domicile after her marriage and acquired the right to choose a new one only after her husband died. a bonafide intention of abandoning the former residence and establishing a new one. Obtaining absolute proportional representation is restricted by the three-seat-per-party limit to a maximum of two additional slots . . (Perez vs. where he. as her domicile of choice. he was a registered voter of the same district. these domicile of origin should continue. Congressmen – District and Party – List Representatives B. the Supreme Court held that Agapito Aquino failed to prove that he had established not just residence but domicile of choice in Makati. The classification of an area as a highly urbanized or independent component city. (Ang Bagong Bayani –OFW Labor Party. Local Government Code Qualifications prescribed by law are continuing requirements and must be possessed for the duration of the officer’s active tenure. . . she kept her domicile or origin and merely gained a new home. physical and personal presence in the district that a candidate seeks to represent QUALIFICATIONS OF CANDIDATES A. 2001) V. consistent with Webster. to mean actual. Domicile of origin is lost only when there is actual removal or change of domicile. . Applying the concept of domicile in determining residence as a qualification for an elective office would negate the objective behind the residence requirement set forth under the law . In his certificate of candidacy. 3. .e. . A minor follows the domicile of his parents. COMELEC. his domicile of origin was Conception. Tarlac. National – Arts. Tarlac as birthplace. COMELEC. . The Niemeyer formula. Tarlac for 52 years. et al vs. COMELEC. • Under the Niemeyer formula.. no matter where he may found at any given time. President and Vice President 2. for the purpose of determining which law was applicable as regards his estate .ZPG & Associates • Sections 5 (2).
68. May 7. (Caasi vs. or Lapse of 5 years after service of sentence (Sec. 133495. Those convicted by final judgment for violating his oath of allegiance to the Republic. Those sentenced by final judgment for an offense involving moral turpitude or an offense punishable by imprisonment for at least one year. upon the filing of their certificates of candidacy. Conviction. HRET. Any person sentenced by final judgment for any of the Following offenses: 1. Insurrection or rebellion 2. COMELEC. unless granted plenary pardon. politics. he must also have been elected to the same position for the same number of times before the disqualification can apply: (Borja vs. Those with dual citizenship--The phrase “dual citizenship” in RA 7160. with the constituents themselves. Sec. (Marquez vs. and a very legalistic. and vice versa. BP 881) D. flee to avoid prosecution. especially when the city is located at the very heart of the province itself . The insane or feeble – minded. 1 of RA 2630. A permanent resident to or immigrant to foreign country Unless he waives such status (Sec. This means that a naturalized Filipino who lost his citizenship will be restored to his prior status as a naturalized Filipino citizen. Manzano. supra) Disqualifications Grounds Under the Omnibus Election Code A. GR No. 40 10 A. if he was originally a naturalborn citizen before he lost his Philippine citizenship. GR No. F.ZPG & Associates that matter. Those removed from office as a result of an administrative case. Insanity or incompetence – declaration of removal by competent authority E. acquired United States citizenship by taking an oath to the Republic of the Philippines and registering the same with Local Civil Registry in the place where he resides or last reside in the Philippines. B. Consequently.” Consequently. Offense for which he was sentenced to penalty of More than 18 months 3. The residence requirement is rooted in the desire that officials of districts or localities are acquainted not only with the metes and bounds of their constituencies but. An elective local official who was removed from office prior to January 1. 191 SCRA 229) H. after being changed. 1998) Conditions for the application of the disqualification: (1) the official concerned has . Removal. . BP 881) C. D. September 3. Crime involving morale turpitude (Sec. COMELEC 337 SCRA 574) Philippine citizenship The lost citizenship may be reacquired under Sec. 12. 142840. The said oath of allegiance shall contain a renunciation of any other citizenship. or accepting commission in. Sec. (Torayna vs. The term includes not only those who flee after conviction to avoid punishment. BP 881) Grounds under the Local Government Code – Sec. academic and technical approach to the resident requirement does not satisfy this simple. 307 SCRA 630) E. 20 must be understood as referring to “dual allegiance. amnesty. On the other hand. 40 (d) and RA 7854. it is not enough that an individual has served three consecutive in an elective local office. which provides that any person who had lost his Philippine citizenship by rendering service to. more important. 274 SCRA 481) C. commerce and other businesses from the entire province. he will be restored to his former status as a natural –born Filipino. the Armed Forces of the United States. 243 SCRA 538) G. COMELEC. (Mercado vs. does not completely isolate its residents. it should suffice if. or after separation from the Armed Forces of the United States. (Bengson. Permanent residents in foreign country or those who have the right to reside abroad and continue to avail of it. 1992 is not disqualified from running for elective local office (Grego vs. For candidates with dual citizenship. persons with mere dual citizenship do not fall under this disqualification. et al. within two years after service of sentence. COMELEC. Any person declared by competent authority insane or Incompetent B. 2001) Repatriation results in the recovery of the original nationality. (Bengson III vs. but likewise who. CA. they elect Philippine citizenship to terminate their status as persons with dual citizenship considering that their condition is the unavoidable consequence of conflicting laws of different states. Fugitives from justice in criminal or non – political cases. 12. practical and common sense national for the residence requirement. Three consecutive terms limit The term limit for elective local officials must be taken to refer to the right to be elected as well as the right to serve in the same elective position.
except the incumbent (See. 73. city or municipal officials shall . Vice President and Senators: main office of the COMELEC in Manila. directly or indirectly coerces. torture. 147741. (Sec. Under the Revised Administrative Code – Municipal Office • Ecclesiastics (Pamil Teleron. injury. (Gador vs. (Sec. . 95 SCRA 431) Provincial legislative districts – Provincial Election Supervisor of the Province concerned NCR legislative districts COMELEC Directors – Regional Legislative districts in cities outside NCR – City Election registrar concerned For provincial offices – Provincial Election Supervisor of the province concerned. 2001) Forms Oath The certificate must be sworn. COMELEC. (Go vs. 56 SCRA 413) vs. City and Municipal offices – City or Municipal Election Registrar concerned. declaring under oath the office for which he desires to be eligible and cancel the certificate of candidacy for other office or offices. Deadline Certificate of candidacy must be filed not later than the day before the date for the beginning of the campaign period. inflicts or produces any violence. Certificates of Candidacy No person shall be eligible for any elective public unless he files a sworn certificate of candidacy within the period fixed by the Omnibus Election Code. May 10. He may include one nickname or stage name by which he is generally known. A proclamation subsequently declared void is no proclamation at all and while a proclaimed candidate may assume office on the strength of the proclamation of the Board of Canvassers he is only a presumptive winner who assumes office subject to the final outcome of the election protest . 8295 Under the Lone candidate Law – RA Any elective official who has resigned from his office by accepting an appointive office to become vacant due to his resignation. BP 881) The election of a candidate cannot be annulled because of formal defects in his certificate. Provincial. and Any person who. threatens. damage. (Sec 73. For Members Representatives: of the House of • Persons receiving compensation from provincial or municipal funds • Contractors for public works of the municipality 2. The certificates of candidacy of Members of the House of Representatives. . Board of Canvassers. 311 SACRA 602) 1. punishment. intimidates or actually causes. 7. BP 881) Before the deadline for filing certificates he may withdraw all expect one. Voluntary renunciation of a term of office does not cancel the renounced term in the computation of the three term limit. 5 copies. loss or disadvantages to any person or persons aspiring to become a candidate or that of the immediate member of his family. each shall state his paternal and maternal surnames. Prohibition against multiple candidacies 11 A person who files a certificate of candidacy for more than one office should be eligible for any of them. When two or more candidates for the same office have the same name or surname. BP 881) Place and Period of Filling For President. RA 7166) A certificate filed beyond the deadline is not valid. 71. GR No. not later than 90 days before date of election. . (Lonzanida vs. such as held of oath (Guzman vs. harasses. conversely involuntary severance from the office for any length of time short of the full term provided by law amounts to an interruption of continuity of service. bribes. the name registered with the civil registrar or any other name allowed by law. 48 Phil 211) Name A candidate shall use his baptismal name or full name.ZPG & Associates been elected for three consecutive terms in the same local government post and (2) that he has fully served three consecutive terms . COMELEC. COMELEC. his honor or property that is meant to eliminate all other potential candidates.
Jan 12. before the deadline for filing certificates of candidacy.ZPG & Associates be filed in 5 copies not later than 45 days before the election. 315 SCRA 266) A valid certificate of candidacy is likewise an indispensable requisite in the case of a substitution of a disqualified candidate under the provisions of Sec. since the law makes no distinction. (Sinaca vs. COMELEC. . (Miranda vs. L – 81059.This includes an employs of a GOCC organized under the Corporation Code (Without original charter).Sanciangco vs. L-81150. Abaya. 137. 12. 77 BP 881. asked for his certificate of candidacy and intercalated the word “vice” before the word mayor and the following day wrote the election registrar saying that his name be included in the list of official candidates for mayor. (Sec. Hence the bona fide certificate of the substitute candidate cannot be assailed. (Ramirez vs. 26. 311 SCRA 617) Duty of COMELEC Subject to its authority over nuisance candidates and its power to deny due course or cancel a certificate of candidacy. 77 of the Election Code . a candidate dies. (Sec. COMELEC Resolution No. RA 9006 If after the last day for filing certificates. The legal requirement that the withdrawal be under oath will be held to be merely directory and the candidate’s failure to observe the requirement is considered a harmless error. NLRC. 140 SCRA 352) In case of valid substitutions after the official ballot have been printed. at least sixty days before the regular election. Rono. 66. (Vivero vs. 3636. 105365. Such technicality of the original candidate’s withdrawal of his certificate of candidacy cannot be used to override the people’s will in favor to the substitute candidate. as mark to identify the votes in favor of a candidate for another office in the same election. City Board of Canvassers. SCRA 671). 12. 78. COMELEC. BP 881. (Domingo vs. personally appeared in the COMELEC office. GR No. 1989) Since his certificate of candidacy for the office of board member was filed by his party. the rule is that the COMELEC shall have only the ministerial duty to receive and acknowledge receipt of the certificates of candidacy. Mula. Sec. and votes might be cast even for unknown or fictitious persons. His filing under oath within the statutory period of his individual certificate for candidacy for the separate office of mayor was. the certificate of the substitute cannot be annulled after the election. for how can 12 . RA 9006) There is nothing in the Constitution or statute which requires as condition precedent that a substitute candidate must have been a member of the party concerned for a certain period of time before he can be nominated as such. (1) to enable the voters to know. (PNOC – EDC vs. (Villanueva vs. there was substantial compliance with Sec. The evident purpose of the law in requiring the filing of certificate of candidacy and in fixing the time limit therefore are. and the said party had withdrawn the nomination which withdrawal was confirmed by the candidate under oath. . there might be as many persons voted for as there are voters. whether national or local who has filed a certificate of candidacy for the same or any other office shall not be considered resigned from office. 222 SCRA 831) Any elective official. 1992) Even if the withdrawal was not under oath. and (2) to avoid confusion and inconvenience in the tabulation of the votes to the duly registered candidates. There was no withdrawal of candidacy for the position of mayor where the candidate. No certificate of candidacy shall be filed or accepted by mail. June 2. The certificate of candidacy shall be filed by the candidate personally or his duly authorized representative. telegram or facsimile. COMELEC. Rules and Regulations Implementing RA 9006) Withdrawal of Certificate of Candidacy Form – written declaration under oath. 73. a rejection of the party nomination on his behalf for the office of board member. with the COMELEC. The votes in his favor should be counted. in effect. Said certificate may be filled with any board of election inspectors in the political subdivision where he is an electorate of the country. the votes cast for the substituted candidates shall be considered as many votes but shall not invalidate the whole ballot. he may be substituted by a person belonging to his party not later than the mid – day of election. the candidates among whom they are to make the choice. The concept of a substitute presupposes the existence of the person to be substituted. withdraws or is disqualified. For this purpose. 1992) Substitution of Candidacy – Sec. Jan 12. (sec. BP 881) Effect Filing An appointive public official is considered resigned upon filing of his certificate. the official ballots shall provide spaces where the voters may write the name of substitute candidates if they are voting for the latter. (See.
69. (Nolasco vs. Sales.COMELEC. COMELEC. he cannot be substituted under Sec. Grounds Violation of Omnibus Election Code – Sec. 337 SCRA 574) The fact that no docket fee was initially paid is not fatal. (Nolasco. (Loong vs. and the votes cast for him shall not be counted. (Sec. . 85. 78 in 2. k. Larrazabal. 12. sub-paragraph 6. RA 6646] EFFECTS OF DISQUALIFICATION CASE After final judgment -Any candidate who has been declared by final judgment to be disqualified shall not be voted for..COMELEC. since his certificate was not filed to make mockery of the election or to confuse the voters. as it was impossible to file the petition earlier. 232 SCRA 758) Falsity of material representation certificate of candidacy. amending Sec. any voter may file a petition to disqualify a candidate on grounds provided by law. v and cc. he is and was not a candidate at all. 86 and 261. COMELEC. If a person was not a candidate. BP 881) The proceeding shall be summary. Before final judgment – If for any reason a candidate is not declared by final judgment before an election to be disqualified and he is voted for and receives the winning number of votes in such election the Court or Commission shall continue with the trial and hearing of the action. 78 of the Election Code enumerated the occasion where a candidate may validly substitute there is no mention of the case where a candidate is excluded not only by disqualification but also by denial and cancellation of his certificate of candidacy (Miranda vs. the votes cast for the substituted candidates shall be considered as stray votes but shall not invalidate the whole ballot.ZPG & Associates a person take the place of somebody who does not exist or who never was. . 248 SCRA 300. e. 271 SCRA 764) Where a qualified candidate was replaced on the day before the election. 12 of RA 8436) DISQUALIFICATION OF CANDIDATES 1. (Jurilla vs. Aquino vs. 180 SCRA 509) The COMELEC may motu propio refuse to give due course or cancel a certificate of candidacy. 248 SCRA 400) . RA 6646) Under the election laws and the COMELEC Rules of Procedure. 80. (Torayno vs. supra) The decision shall be final and executory after 5 days from receipt unless stayed by the Supreme Court [Secs. upon motion of the The COMELEC has jurisdiction over a petition to disqualify a candidate for congressman for ineligibility before he has been proclaimed and has assumed office (Marcos vs. 228 SCRA 76) A petition filed after the election is filed out of time. Abaya. a petition for disqualification should be deemed filed upon the filing of the original petition. (Sunga vs. 68 Giving money or other material consideration to influence voters or public officials performing electoral functions Committing acts of terrorism to enhance his candidacy Spending in his election campaign in excess of the amount allowed by the Code Soliciting. if the disqualified candidate did not have a valid and seasonably filed certificate of candidacy. 275 SCRA 762) The COMELEC can decide a disqualification case directly without referring it to its legal officers for investigation. Procedure candidates for disqualification of 13 The petition shall be filed by any registered candidate for the same Office within 5 days from the last day of filing of certificates of Candidacy. While Sec. a petition to disqualify the replacement filed on election day should be entertained. A disqualified candidate may only be substituted if he had a valid certificate of candidacy in the first place because. 77 of the Code . paragraphs d. 5(e) and 7. The Procedural defect as cured by the subsequent payment of the docket fee. . (Abella vs. COMELEC. (Secs. – Sec. 5a and 7. Nuisance candidate – Sec. (Garvida vs. 69 A petition to disqualify a candidate for councilor for failure to indicate in his certificate of candidacy the precinct number and the barangay as a registered voter cannot be considered a petition to disqualify him for being a nuisance candidate. 83. 311 SCRA 617) In case of valid substitutions after the official ballots have been printed. Sec. 216 SCRA 769) Since the filing by facsimile transmission is not sanctioned and a facsimile copy is not an original pleading.. inquiry or protest and. COMELEC. RA 9006. COMELEC. receiving or making any prohibited contribution Violations of Secs.
may. A. which required only a preponderance of evidence to prove disqualification. Vice-President and Senators – not earlier than 165 before election date 2. 320 SCRA 817) The COMELEC can legally suspend the proclamation of the winning candidate although he received the winning number of votes. It shall be unlawful for any person or any party to engage in election campaign or partisan political activity except during the campaign period. intervention may be allowed in proceedings for disqualification even after election if there has yet no final judgment rendered. Second paragraph of paragraph 2 of Res. city or municipal officials – not earlier than 75 days before election day B. it shall not be considered as election campaign or partisan political activity. Congressmen. (Bagatsing vs. The fact that a candidate has been proclaimed and had assumed the position to which he was elected does not divest the COMELEC of authority and jurisdiction to continue the hearing and eventually decide the disqualification. (Grego vs. enacted June 6. ELECTION PROPAGANDA. The COMELEC should not dismiss the case simply because the respondent has been proclaimed. inquiry or protest. the administrative. they should be counted in favor of the petitioner. COMELEC. 2050 provides that where a complaint is filed after the election but before proclamation. (Perez vs. 274 SCRA 481) Under the same provision. COMELEC. Mazano. 317 SCRA 641) A disqualification case may have two aspects. No. COMELEC. if elected. order the suspension of the proclamation of such candidate whenever the evidence of guilt is strong. Why there is a difference between a petition for disqualifications before and after the election proceeds from the fact that before the electorate and those who vote for the candidate assume the risk that should said candidate be disqualified after the election. Nomination of candidates 1. SCRA 480) THE LONE CANDIDATE LAW The Lone Candidate Law is RA 8295. if the COMELEC did not suspend his proclamation. 6. 288 SCRA 76 and Lonzanida vs. c. Since the suspension of the proclamation is merely permissive. What is made mandatory is the continuation of the trial and hearing of the action. BP 881) a. during the tendency thereof. 79. . COMELEC. COMELEC. or to prosecute him for violation of election laws. the complaint must be dismissed as a disqualification case but shall be referred to the Law Department for preliminary investigation. VI. the proclamation of a candidate is valid. CONTRIBUTIONS AND EXPENDITURES Election campaign or partisan political activity refers to an act designed to promote the election or defeat of a particular candidate or candidates for public office. CAMPAIGN. when there is only one (1) qualified candidate for such position. (Sec. The use of the word “may”. directly or indirectly. (Sunga vs. from serving. which necessitates proof beyond reasonable doubt to convict. If done for the purpose of enhancing the chances of aspirants for nomination for candidacy to a public office by a political party. etc. in any electioneering or partisan political campaign. 311 SCRA 617) Sec. as in this case. . COMELEC. COMELEC. Section 2 thereof provides the upon the expiration of the deadline for the filing of certificate of candidacy in a special election called to fill a vacancy in an elective position other than for President and VicePresident. Members of the Civil Service to engage. and the criminal. (Mercado vs. . b. provincial.(Labo vs. their votes would be declared stray or invalid votes and that would not be true in the case of one filed after the electorate has already voted . Campaign period . 307 SCRA 630) 14 Where the votes cast for a nuisance candidate whose disqualification had not yet become final on election day were tallied separately. (Bautista vs. 1997. 211 SCRA 297). 298. the lone candidate shall be proclaimed elected to the position by proper proclaiming body of the COMELEC that he is the only candidate for the office and is thereby deemed elected. There is no provision in RA 6646 that treats of a situation where the complaint for disqualification is filed after the election. . in the absence of any lawful ground to deny due course or cancel the certificate of candidacy in order to prevent such proclamation. 6 of RA 6616 authorizes the continuation of proceedings for disqualification even after the elections if the respondent has not been proclaimed. (Sec. Section 3 thereof also provides that the lone candidate so proclaimed shall assume office not earlier than the scheduled election day. . indicates that the suspension of the proclamation is merely directory and permissive in nature and operates to confer discretion.ZPG & Associates complainant or any intervenor. President. RA 6646) The purpose of a disqualification proceeding is to prevent the candidate from running or.
4. (Sec. Such written acceptance shall be attached to the advertising contract and shall be submitted to the COMELEC. (Sec.ZPG & Associates 1. Public exhibition of a movie. and authorized by the COMELEC. drinks or things of value within 5 hours before and after a public rally. Public or private financial institutions 2. Cloth. 90 minutes for radio 7.e. Other forms of election propaganda not prohibited by the Omnibus Election Code and RA 9006. before election day and on election day. broadcast or exhibited without the written acceptance by the said candidate or political party. (Sec. 4. 3. TV and radio) National Positions: 120 minutes for TV. A denial is appealable to the provincial election supervisor or COMELEC. Pamphlets. COMELEC. decals. Paid print advertisements: ¼ page in broadsheets and ½ pages in tabloids thrice a week per newspaper. President. (Sec. Scope 1. BP 881) G. Print. and mass media practitioners may give their opinion regarding candidates. Prohibiting the posting of decals and stickers except in the common posting area authorized by the COMELEC is not valid (Adiong vs. Use of airtime for campaign of a media practitioner who is an official of a party or a member of the campaign staff of a candidate or political party. Prohibited contributions’ No political contribution shall be made by the following: 1. 3. posters measuring. 207 SCRA 1) Rallies 1. 104. relative within second degree of consanguinity or affinity.. 2. Forms 2. cinematograph or documentary portraying the life or biography of a candidate during campaign period. 180 minutes for radio / Local Positions: 60 minutes for TV. Prohibited donations It is prohibited for any candidate. Requirement 1. may be displayed 5 days before the date of rally but shall be removed within 24 hours after said rally. food. Lawful propaganda 1. 244 SCRA 272) 2. Any published or printed political matter or broadcast of election propaganda by television or radio for or against a candidate or group of candidates to any public office shall bear and be reasonably legible or audible words “political advertisement paid for. RA 9006) 6. (Sec. a public contribution governor as where an operator of utility disguised a to a candidate for loan. Broadcast Media(i. Vice-President and Senators – 90 days before election day 2. leaflets.\ 2. 87. It is unlawful to give or accept transportation. RA 9006) E. D. city and municipal officials – 45 days before election day. Prohibited Campaign 15 1. provincial. 5. Congressmen. COMELEC. cinematograph or documentary portrayed by an actor or media personality who is himself a candidate. cards. If the broadcast is given free or charge by the radio or television station. broadcast or outdoor advertisements donated to the candidate or political party shall be printed. stickers and written or printed materials not more than 8 ½ inches by 14 inches 3. it shall be identified by the word “airtime for this broadcast was provided free of charge by” followed by the true and correct name and address of the broadcast entity.” followed by the true and correct name and address of the candidate or party for whose benefit the election propaganda was printed or aired. An application for permit for a rally shall not be denied except on the ground that a prior written application for the same purpose has been approved. or representative to make any contribution for any structure for public use or for use of any religious or civic organization except the normal religious dues and payment for scholarships established and school contributions habitually made before the campaign period. magazine or other publication during the campaign period. the promissory . Public exhibition of a movie. allowed in announcing at the site on the occasion of a public meeting or rally. paper or cardboard. BP 881) 2. C. published. Mass media may report news relating to candidates. 89 BP 881) F. his spouse. (National Press Club vs. not more than 2 feet by 3 feet 3 by 8 ft. Public utilities and those who exploit natural resources Thus. Handwritten/printed letters 4.
(sec. Persons granted franchises. ELECTION. 2. for the law makes no distinction. Special Election is one provided for by law to fill vacancy in office before the expiration of the full term for which the incumbent was elected or one fixed by the COMELEC due to postponement or suspension of the election or the failure to elect. Filing a. 13. IX – C. every candidate and treasurer of political party shall file within 30 . reporter. 14. VicePresident. 16 Penalties a. Party/organization and coalition participating in the party – list system – P5 per voter 2. No franchise or permit to operate a radio or television shall be granted or issued. Persons who hold contracts or subcontracts to supply the government with goods and services. incentives. No persons elected shall assume office until he and his political party has filed the required statements 2. Political party and coalition – P5 per voter in the constituency where it has candidates. Any mass media columnist. And that any media practitioner who is an official candidate of a political party or member of the campaign staff of a candidate or political party shall not use his media time and space to favor any candidate or political party. Perpetual disqualification to hold public office (Sec.000 to P60. General election is one provided for by law for the election to offices throughout the State. Bp 881) 9. President and vice president – P10 per voter b. or certain subdivisions thereof. except barangay officials. RA 7166) J. In accordance with the constitutional policy to synchronize elections. shall be on the second Monday of May once every three years. Equal Access to Media Time and Space All registered parties and bonafide candidates shall have equal access to media time and space . 2. Effect of withdrawal A candidate who withdraws his certificate of candidacy must still file a statement of contributions and expenditures. Statement of contributions and expenditures 1. the regular election for national and local officials is now held simultaneously. 000 b. Court of Appeals.000 7. or shall take a leave of absence from his work as such during the campaign. For provinces with only one legislative district – the COMELEC shall divide I. (RA 7166) Under 6679. b. Foreigners (Sec.ZPG & Associates note is void: (halili vs. 245 SCRA 759) VII.[Sec. Candidates a. days after election day a statement of contributions and expenditures. First Offense – administrative fine from P 1. COMELEC. announcer. after the expiration of the full term of former officers. Corp. exemptions or similar privileges by the government 5. 36 (9). RA 7166 1. 3. Code) H. 95 . Schools which received grants of public funds of at least P100. COMELEC. WATCHERS KINDS OF ELECTION 1. ELECTION OF SANGGUNIANG MEMBERS 1. Recall election is an election by means of which voters decide whether they should retain their local official or elect his replacement. on-air correspondent or personality who is a candidate for any elective public office or is a campaign volunteer for or employed or retained in any capacity by any candidate or political party shall be deemed resigned. if so required by their employers. 8. 2. 1. 331 SCRA 388) ELECTION PERIOD Unless otherwise fixed by the COMELEC in special cases. 9. the election period shall commence 90 days before the day of the day of the election and shall end 30 days thereafter. For provinces with two or more legislative district the elective members of Sangguniang Panlalawigan (Spn) shall be elected by legislative districts. commentator. 000 by the government or any of its subdivisions or instrumentalities 6. (Claudio vs. PC] DATE OF ELECTION The regular election of the President. 000 ii. 83 SCRA 633) 3. Other candidates – P3 per voter in his constituency c Candidate without political party – P5 per voter d. Corporations (sec. Administrative fine from P2. Subsequent offense i. BOARD OF ELECTION INSPECTORS (BEI). suspended or cancelled during the election period. Senators and Members of the House of Representatives and local officials. 13. Art.000 to P30. RA 7166) 3. regular elections for barangay officials shall be held once every five years. Persons granted loans in excess of P25. (Pilar vs. 4. Employees in the Civil Service or members of the Armed Forces. Limitation on expenses – Sec. The following guidelines may be amplified on by the COMELEC.
For cities in Metro Manila Area. since it is not a pre-proclamation case or an election protest.2001) 2. whereby all interested parties are afforded equal opportunity to be heard. COMELEC. such election results in a failure to elect. GR No. 319 SCRA 283) A special election is not valid if notice of its date and of the transfer of the precincts was given less than a day before. intimidation and threats from exercising their franchise… There is failure of elections only when the will of the electorate has been muted and cannot be ascertained. (Loong vs. COMELEC. COMELEC. The power to throw out or annul an election should be exercised with the utmost care and only under circumstances which demonstrate beyond doubt either that the disregard of the law had been so fundamental or so pertinent and continuous that it is impossible to distinguish what votes are lawful and what are unlawful.ZPG & Associates them into districts for purposes of electing the members of the SPn. It should be reasonably close to the date of the election not held. Cebu City. COMELEC. (Borja vs. (Benito vs. the control data of some election returns were filled up. COMELEC.(Hassan vs. COMELEC. and 2.January 19. The fact that less than 25% of the registered voters voted does not constitute failure of election. 141723. 264 SCRA 125) FAILURE OF ELECTION 1. 3. supra) A petition to postpone elections should be addressed to the COMELEC. COMELEC. COMELEC. . strangers voted for some of the registered voters. 260 SCRA 494) 9. It should not be later than thirty (30) days after the secession of the cause of the Postponement of suspension of the election or a failure to elect. loss or destruction of election paraphernalia or records. 5. The destruction of the copies of the election returns intended for the board of canvassers is not a ground for the declaration of failure of election as other copies of the returns can be used (Sardea vs. GR No. violence.2001) 3. the COMELEC may conduct a technical examination of election documents and compare and 17 . Lack of notice of the date and time of the canvass. fraud and other analogous cases. A special election should be held if the ballot box in the precinct was burned. either actual or constructive. fraud. and after due notice and hearing. Sec. (Borja vs. cannot validly postpone or suspend the election. or that the great body of voters have been prevented by viiolence.260 SCRA 604) 7. (2) when the election in any polling place has been suspended before the hour fixed by law for the closure of the voting. COMELLEC. and that there was a delay in the delivery of election returns are not grounds for the declaration of failure of election. the COMELEC. and lack of qualifications of the members of the Board of Inspectors are not grounds for declaration of failure of election but for an election protest. 134913. since the voters were deprived of the opportunity to vote. COMELEC. (hassan vs. COMELEC.225 SCRA 374) 5. It is essential to the validity of the election that the voters have notice in some form. or even with the agreement of the candidates. April 20. (Balindong vs. a candidate was credited with less votes than he received. and (3) after the voting and during the preparation and transmission of the election returns or in the custody or canvass thereof. place and purpose thereof (Basher vs. POSEPONEMENT OF ELECTION When for any serious cause such as violence. 2 and 3 of RA 6686. BP 881) An election officer alone. presence of flying voters. (Mitmug vs. The fact that the names of some registered voters were omitted from the list of voters. COMELEC. (Basher vs. (Pangandaman vs. 260 SCRA 604) In petitions to declare a failure of election on the ground of fraud. terrorism. (Sec. COMELEC. In fixing the date of special elections the COMELEC should see to it that: 1. violence. There is no reglementary period for filing a petition for annulment of an election if there has as yet been no proclamation. The COMELEC may decide a petition to declare a failure of election en banc at the first instance. 257 SCRA 1) 10. such as disenfranchisement of voters. and other analogous cases of such nature that the holding of a free. For municipalities in Metro Manila – the COMELEC shall divide them into two districts by barangay for purposes of electing members of the SB. suspended or Which resulted in the failure to elect. motu propio or upon a verified petition by any interested party.6 the OEC contemplates three instances when the COMELEC may declare a failure of election and call for the holding of a special election: (1) when thee election in any polling place has not been held on the date fixed on account of force majeure. An election cannot be annulled because of the illegal transfer of a precinct less than 45 days before the election if the votes of those who were not able to vote will not alter the result.230 SCRA 54) 6. of the time. terrorism. 282 SCRA 512) 8. COMELEC. subject to the remedy of review provided for in Art IX – A Section 7. Davao City or any other city with two or more legislative district – governed by Secs. since voting took place. (Soliva et al vs. force majeure. terrorism. 330 SCRA 736). . orderly and honest election should become impossible in any political subdivision. shall postpone the election therein. the ballot boxes were brought to the municipal hall without padlock and seals. or to arrive at any certain result whatsoever. and analogous causes. 4. (Canicosa vs.264 SCRA 125) 4.
(Section 4.(Sec.283 SCRA 520) Under the rules prevailing during the 1997 Barangay Elections.26. A voter who was challenged on the ground that he has been paid for the vote or made a bet on the result of the election will be allowed to vote if he takes an oath that he did not commit the act alleged in the challenge. The chairman of the Board of Election Inspectors should sign each ballot at the back. Provided further. (Section 180.RA 7166) BOARD OF ELECTION INSPECTORS (BEI) The Board of Election Inspectors shall be composed of a chairman and two members. the COMELEC shall hold a special election not earlier than 90 days after the occurrence of the vacancy. (Section 12. BP 881) 2. BP881) 4.ZPG & Associates analyze the signatures and fingerprints of the voters. 2. COMELEC. To inform themselves of the proceedings c. To stay inside the precinct b. (Section 196. (Section 26. all of whom are public school teachers. RA 6646) WATCHERS Number 1. An illiterate or physically disabled voter may be assisted by a relative by affinity or consanguinity within the fourth degree or any person of his confidence who belongs to the same household or any member of the Board of Election Inspectors. That any person disqualified to vote under this subsection shall automatically acquire the right to vote upon expiration of five(5) years after service of sentence. (Loong vss. b) Those who have expressly renounced their Philippine citizenship and who have pledge allegiance to a foreign country.(Libanan vs HRET. That the Commission may take cognizance of final judgments issued by foreign courts or tribunals only on the basis or reciprocity and subject to the formalities and processes prescribed by the Rules of court on execution of judgments. such disability not having been removed by plenary pardon or amnesty: Provided.346 SCRA 699) 2. A ballot prepared under such circumstances should not be counted. b. (Malabaguio vs. Citizen’s Arm To be given a copy of the election return to be used for the conduct of an unofficial count. c) Those who have committed and are convicted in a final judgment by a court or tribunal of an offense punishable by imprisonment of not less than one (1) year. 5. RA 7166) RA NO. Feb. 9189 “AN ACT PROVIDING FOR A SYSTEM OF OVERSEAS ABSENTEE VOTING BY QUALIFIED CITIZENS OF THE PHILIPPINES ABROAD” Sec. (Section 200. Six principal watchers from 6 accredited major political parties shall be recognized.BP881). Other watchers a. It is unlawful to use carbon paper. The accredited citizen’s arm is entitled to a watcher in every precinct. (Section 169. Candidates for the local legislature belonging to the same party are entitled collectively to one watcher. for the invalidation thereof. paraffin paper or other means for making a copy of the contents of the ballot or to use any means to identify the ballot.BP881) 3. PNP. 195. teachers in private schools. 881) Important rights of watchers 1.1959) 18 Official watchers Every registered party or coalition of parties and every candidate is entitled to one watcher per precinct and canvassing counter. Aquino. or other citizens of known probity and competence may be appointed. Other civic organizations may be authorized to appoint one watcher in every precinct. including those who have committed and been found guilty of Disloyalty as define under Article 137 of the Revised Penal Code. Disqualification. 7166) 2. Members of the Board of Election Inspectors and their substitutes may vote in the precinct where they are assigned. – The following shall be disqualified from voting under this Act: a) Those who have lost their Filipino citizenship in accordance with Philippine laws. In case of permanent vacancy in Congress at least one year before the expiration of the term.257 SCRA 1) SPECIAL ELECTION TO FILL UP VACANCY 1. RA 8045) VIII. To obtain a certificate of the number of votes cast for each candidate (Section 179. however. (Section 13. (Section 1. V-president and Senators are allowed for members of the AFP. the failure to authenticate the ballots shall no longer be cause . All watchers a. employees in the civil service. CASTING OF VOTES 1. To file a protest against any irregularity d. BP ABSENTEE VOTING 1. A vacancy in the Senate will be filled up at the next regular election. (Gutierrez vs. COMELEC. BP881) 2. The omission of such signature does not affect the validity of the ballot. If there are not enough public school teachers. and other government employees assigned in connection with the performance of election duties to places where they are not registered. Absentee voting for President.
consulates or foreign service establishments concerned. the notice of which shall be posted in a conspicuous place in the premises of the city or municipal building of the applicant’s stated residence for at least one (1) week before the date of the hearing. In the case of seafarers. Such affidavit shall also state that she/ he has no applied for citizenship in another country. The applicant shall have the right to file his counteraffidavit by registered mail. upon registration. hearing and annotation in the permanent list of voters. 6. which shall decide on the application within one (1) week from the date of hearing without waiting for the quarterly meeting of the Board. as verified by the Philippine embassies. – Registration as an overseas absentee voter shall be done in person. . taking into strict consideration the time zones and the various periods and processes herein provided for the proper implementation of this Act. The Commission shall include the approved applications in the National Registry of Absentee Voters. Qualified citizens of the Philippines abroad who failed to register under Republic Act No. the Commission shall provide a special mechanism for the time and manner of personal registration taking into consideration the nature of their work. an affidavit prepared for the purpose by the Commission declaring that he/ she shall resume actual physical permanent residence in the Philippine not later than three(3) years from approval of his/her registration under this Act. 6.2 If no verified objection to the application is filed. All applications for the May 2004 elections shall be filed with the Commission not later than two hundred eighty (280) calendar days before the day of elections. may personally apply for registration with the Election Registration Board of the city or municipality where they were domiciled immediately prior to their departure from the Philippines. The Election Officer shall immediately furnish a copy of the application to the designated representatives of political parties and other accredited groups.6 If the application has been approved. 6. The petition shall be decided within fifteen (15) days after its filing on the basis of the documents submitted in connection therewith. Should the court fail to render a decision within the prescribed period. unless such competent authority subsequently certifies that such person is no longer insane or incompetent. 19 SEC. whenever applicable. the Election Officer shall notify the applicant of said objection by registered mail. or with the representative of the Commission of the Philippine embassies. 6. Subject to guidelines herein provided. any interested party may file a petition for exclusion not later than two hundred ten (210) days before the day of elections with the proper municipal or metropolitan trial court.1 Upon receipt of the application for registration. Failure to return shall be cause for the removal of the name of immigrant or permanent resident from the National Registry of Absentee Voters and his/her permanent disqualification to vote in absentia. 8189. 6. The embassies.4 The application shall be approved or disapproved based on the merits of the objection.ZPG & Associates d) An immigrant or a permanent resident who is recognized as such in the host country. For succeeding elections. 6 Personal Overseas Absentee Registration. the Commission shall provide for the period within which applications to register must be filed. counter-affidavit and documents submitted by the party objecting and those of the applicant. and closing therein copies of affidavits or documents submitted in support of the objection filed with the said Election Officer. consulates and other foreign service establishments that have jurisdiction over the locality where they temporarily reside. the ruling of the Election Registration Board shall be considered affirmed. 6. unless he/she execute. if any. the Election Officer shall immediately set the application for hearing. otherwise known as “The Voters Registration Act of 1996”. including those certified as registered voters. clearly stating therein facts and defenses sworn before any officer in the host country authorized to administer oaths. 8189. e) Any citizen of the Philippines abroad previously declared insane or incompetent by competent authority in the Philippines or abroad. the Commission is hereby authorized to prescribe procedures for overseas absentee registration pursuant to the provisions of Republic Act No.3 In the event that an objection to the application is filed prior to or on the date of hearing.5 A Certificate of Registration as an overseas absentee voter shall be issued by the Commission to all applicants whose applications have been approved. The applicant shall be notified of the approval or disapproval of his/her application by registered mail. the Election Officer shall immediately forward the application to the Election Registration Board. consulates and other foreign service establishments shall transmit within five (5) days from receipt the accomplished registration forms to the Commission after which the Commission shall coordinate with the Election Officer of the city or municipality of the applicant’s stated residence for verification.
The authorized officer of such embassy. and (iv) Name and address of applicant’s authorized representative in the Philippines for purposes of Section 6. the Commission shall optimize the use of existing facilities. or that the applicant is a holder of a valid passport but is unable to produce the same for a valid reason. Commission on Filipinos Overseas and other appropriate agencies of the government shall be utilized for purposes of supporting the overseas absentee registration and voting processes. 11 Procedure for Application to Vote in Absentia. – The Commission shall ensure that the benefits of the system of continuing registration are extended to qualified overseas absentee voters. NO information other than those necessary to establish the identity and qualification of the applicant shall be required. Towards this end. in proper cases. including those previously registered under Republic Act No. Philippine Overseas Employment Administration. have the right to file a petition for inclusion with the proper municipal or metropolitan trial court.7 If the application has been approved. file with the officer of the embassy. or forwarding address in the case of seafarers. a certification of the Department of Foreign Affairs that it has reviewed the appropriate documents submitted by the applicant and found them sufficient to warrant the issuance of a passport. In the absence of a valid passport. shall. consulate or other foreign service establishment shall transmit to the Commission the said application to vote within five (5) days from receipt thereof. (ii) Address of applicant abroad. information dissemination and facilitation of the registration process.) In the case of immigrants and permanent residents not otherwise disqualified to vote under this Act. in every national election. with a corresponding annotation in the Certified Voter’s List. 11.7 and Section 12 hereof. Overseas Workers’ Welfare Administration.) 11. services and mechanisms offered and administered by the Department of Foreign Affairs. The Commission may also require additional data to facilitate registration and recording. a sworn written application to vote in a form prescribed by the Commission. Sec. who have previously registered as voters pursuant to Republic Act No. 7. consulate or other foreign service establishment authorized by the Commission. Department of Labor and Employment. data validation. – Every Filipino registrant shall be required to furnish the following documents: a. 8189 shall apply for certification as absentee voters and for inclusion in the National Registry of Overseas Absentee Voters. or by mail to the embassy. Sec. Such affidavit shall also state that he/she has not applied for citizenship in another country.8 Requirements for Registration.11. b. consulate or foreign service establishment. the applicant or his authorized representative shall. Pre-departure programs. 20 (iii) Where voting by mail is allowed. The application form shall be accomplished in triplicate and submitted together with the photocopy of his/her overseas absentee voter certificate of registration. subject to limitations imposed by law. an affidavit declaring the intention to resume actual physical permanent residence in the Philippines not later than three (3) years after approval of his/her registration as an overseas absentee voter under this Act. personnel and mechanisms of the various government agencies for purposes of data gathering. which has jurisdiction over the country where he/she has indicated his/her address for purposes of th elections. Sec. 8189. System of Continuing Registration. the applicant’s mailing address outside the Philippines where the ballot for absentee voters will be sent. The petition shall be decided within five (5) days after its filing on the basis of documents submitted in connection therewith. Qualified citizens of the Philippines abroad.ZPG & Associates 6. c.) A valid Philippine passport.3 Consular and diplomatic services rendered in connection with the overseas absentee . within a period of five (5) days from receipt of the notice of this approval.1 Every qualified citizen to the Philippines abroad whose application for registration has been approved.2 Every application to vote in absentia may be done personally at. Accomplished registration from prescribed by the commission containing the mandatory information: (i) Last know residence of the applicant in the Philippines before leaving for abroad.
ZPG & Associates voting processes shall be made available at no cost to the overseas absentee voter. consulates and other Foreign Service establishments concerned. 16. specifically indicating the number of ballots they actually received. the authorized representatives of political parties.4 All accomplished ballots received shall be placed unopened inside sealed containers and kept in a secure place designated by the Commission. or by registered mail. consulate and other foreign service establishments of the ballots for overseas absentee voters. The decision of the Commission shall be final and executory. consulates and other foreign service establishments concerned including their attached agencies. 21 16. including proof of receipt thereof. 16. and accredited citizens’ arms of the Commission shall be notified in writing thereof and shall have the right to witness the proceedings. 16.16. 16. he/she shall make them available on the premises to the qualified overseas absentee voters in their respective jurisdiction during the thirty (30 ) days before the day of elections when overseas absentee voters may cast their vote. upon presentation of the absentee voter identification card issued by the Commission. the embassies. in the case of voting by mail. 12 .9 A special Ballot Reception and Custody Group composed of three (3) members shall be constituted by the Commission from among the staff of the embassies. and ballots returned to the embassies. consulates and other foreign service establishments concerned in accordance with Section 17 hereof before the close of voting open the day of elections shall be counted in accordance with Section 18 hereof. the overseas voter must fill-out his/her ballot personally.6 The overseas absentee shall be instructed that his/her ballot shall not be counted if it is not inside the special envelope furnished him/her when it is cast.7 Ballots not claimed by the overseas absentee voters at the embassies. within thirty (30) days before the day of elections. Immediately upon receiving it. Sec.All applications shall be acted upon by the Commission upon receipt thereof. and shall be cancelled and shipped to the Commission by the least costly method within six (6) months from the day of elections. consulates and other foreign service establishments shall submit a formal report to the Commission and the Joint Congressional Oversight Committee created under this Act within thirty (30) days from the day of elections. The Commission shall act within five (5) days from receipt of such Motion for Reconsideration and shall immediately notify the voter of its decision. 16. Shall be cancelled and shipped to the Commission by the least costly method within six (6) months from the day of elections. 16. without leaving the premises of the embassies.8 Only ballots cast. consulate or other foreign service establishment that has jurisdiction over the country where he/she temporarily resides or at any polling place designated and accredited by the Commission. voting instruction.1 Upon receipt by7 the designated officer of the embassy. who will be deputized to receive ballots and take custody of the same preparatory to their transmittal to the Special Boards of Election Inspectors. in case of personal voting. and mailed ballots received by the Philippine embassies. they shall cast their ballots anytime within sixty (60) days before the day of elections as prescribed in the Implementing Rules and Guidelines. In the event of disapproval of the application. the names and addresses of the voters to whom these ballots were sent.2 The overseas absentee voter shall personally accomplish his/her ballot at the embassy. consulates and other foreign service establishments concerned shall keep a complete record of the ballots for overseas absentee voters. Such report shall contain data on the number of ballots cast and received by the officers the number of invalid and unclaimed ballots and other pertinent data. consulates and other foreign service establishments after the prescribed period shall not b opened.10 During this phase of the election process. consulates and other foreign service establishments. candidates. election forms and other paraphernalia. casting and Submission of Ballot. and citizens of the Philippines abroad. 16.5 The embassies.3 The overseas absentee voter shall cast his ballot. 16. Verification and Approval of Application to Vote. In the case of seafarers. Sec. but in no case later than one hundred fifty (150) days before the day of elections. In the case of seafarers. All envelopes containing the ballots received by the embassies. consulates and other foreign service establishments concerned. In addition. they shall cast their ballots anytime within sixty (60) days before the day of elections. . in secret. the voter or his authorized representative may file a Motion for Reconsideration with the Commission personally. within ten (10) days from receipt of the notice of disapproval. and in cases where voting by mail is allowed under Section 17 hereof. 16.
Voting by mail may be allowed in countries that satisfy the following conditions: a.6 For any public officer or employee who shall cause the preparations. Sec. or not to vote. 24.11 The Commission shall study the use of electronic mail. conceal. it shall be unlawful: 24. the election returns including the destruction. consulates and other foreign service establishments concerned are adequate and wellsecured. Thereafter. Nothing in this Act shall be deemed to prohibit free discussion regarding politics or candidates for public office. b. in all stages of the electoral exercise and to prevent any and all forms of fraud and correction.3 Only mailed ballots received by the Philippine embassy.1 For the May 2004 elections. or period of residence for the purposes of establishing his/her eligibility or ineligibility to register or vote under this act. internet. the Commission shall authorize by voting mail in not more than three (3) countries. and intervene in appropriate cases. Security Measures to Safeguard the Secrecy and Sanctity of Ballots. provided that the same is received before the close of voting on the day of elections. Sec.) Where there exists a technically established identification system that would preclude multiple or proxy voting. accredited major political parties. Sec.5 For any deputized agent to refuse without justifiable ground..2 The overseas absentee voter shall send his/her accomplished ballot to the corresponding embassy. 24. – 17. consulates and other foreign service establishments after the prescribed period shall not be opened. 17. or to conspire with another person for the purpose of encouraging the giving of false information in order to establish the eligibility or ineligibility of any individual to register or vote under this Act. document or paper as required for purposes of this Act. and c. or.At all stages of the electoral process. or offer to pa. – In addition to the prohibited acts provided by law..1 For any officer or employee of the Philippine government to influence or attempt to influence any person covered by this act to vote. or to comply with his/her sworn duties after acceptance of his/her appointments.) Where the system of reception and custody of mailed ballots in the embassies. Voting by Mail. printing.ZPG & Associates 16.4 For any person to steal. for a particular candidate. distribution of information 22 . consular or foreign service establishment that has jurisdiction over the country where he/she temporarily resides. 17. mutilate or alter any record. all necessary and practicable measures shall be adopted to allow representation of the candidates. the Commission shall ensure that the secrecy and integrity of the ballots are preserved. and submit a report thereon to the Joint Congressional Oversight Committee.2 For any person to deprive any person of any right secured in this act or to give false information as to his/her name. 17. 24. mutilation and manipulation thereof. In the interest of transparency. subject to the approval of the Congressional Oversight Committee. 24. to pay. with a corresponding report thereon submitted to the Commission not later than thirty (30) days from the day of elections. All envelopes containing the ballots received by the embassies. or to accept payment either fro application to vote in absentia or for voting. the mail containing the ballots for overseas absentee voters. or other secured networks in the casting of votes. 24. address. The Committees on Absentee Voting of the Commission shall be responsible for ensuring the secrecy and sanctity of the absentee voting process. He/she shall be entitled to cast his/her ballot at any time upon his/her receipt thereof.) Where the mailing system is fairly well-developed and secure to prevent occasion for fraud. voting by mail in any country shall be allowed only upon review and approval of the Joint Congressional Oversight Committee. 24. 3 For any person to tamper with the ballot. destroy. and shall be cancelled and disposed of appropriately. The overseas absentee voter shall be instructed that his/her ballots shall not be counted if not transmitted in the special envelope furnished him/her. consulate and other foreign service establishments before the close of voting on the day of elections shall be counted in accordance with Section 18 hereof. Prohibited Acts. accredited citizens’ arms and non-government organizations to assist. to serve or continue serving. 23.
the use of nicknames and appellations of affection and friendship. (Section 207. However. (Section 206. 24. that the penalty or prision mayor in its minimum period shall be imposed upon any person found guilty of Section 24. If the offender is a public officer or a candidate. Where a commotion resulted in suspension of the counting. Marked Ballot a. and with due regard to the Principle of Double Criminality. De Leon. directly or indirectly through qualified organizations/associations.ZPG & Associates material. RA 7166) 3. or otherwise cause movement of any such member from his current post or position one (1) year before and three (3) months after the days of elections. Spoiled ballots a. Alonzo) SPECIAL PROBLEMS 1.8 For any person who. 101 phil 10) There were variations in the style of writing The name of a a candidate was written more than twice The voter wrote the names of well-known public figures who are not candidates such as actors. The Board of Election Inspectors shall read the ballots publicly and shall not postpone the count until it is completed. BP881) 2. in any manner and at any stage of the Philippine political process abroad. in whatsoever manner.7 For any public employee to cause the transfer. including participation in the campaign and elections. (Ferrer vs De Alban. including members of the attached agencies. 24. (Section 25. shall campaign for or assist. His/her passport shall be stamped “not allowed to vote”. BP 881) 2. IX COUNTING OF VOTES 23 MANNER 1. Excess Ballots If there are excess ballots. The Provision of existing laws to the contrary notwithstanding. In addition. shall be imposed on any person found guilty of committing any set of the prohibited acts as defined I this section.206 SCRA 305). after being deputized by the Commission to undertake activities in connection with the implementation of this Act. RA6646) 4. shall be penalized by imprisonment of not less than one (1) year. (Protacto vs. If the BEI finds that a valid ballot was erroneously deposited in the compartment for spoiled ballots. the poll clerk shall draw out as many ballots equal to the excess without seeing them. For any person who is not citizen of the Philippines to participate by word or deed. Immigrants and permanent residents who do not resume residence in the Philippines as stipulated in their affidavit under Section 5 (d) within three (3) years after approval of his/her registration under this Act and yet vote in the next elections contrary to the said section. or post the same in website without the prior approval of the Commission. It shall be counted. candidates in the elections. If on account of violence or similar causes it becomes necessary to transfer the counting of the votes to a safer place. (Bautista vs. The penalties imposed under Section 264 of the Omnibus Election Code. the penalty shall be prision mayor in its minimum period. without securing the prior approval of the Commission. promotion. the prohibited acts described in this section are electoral offenses and punishable in the Philippines. Marked ballots shall not be counted (Section 208. Castro. extension. Ballots in the compartment for spoiled ballots are presumed to be spoiled ballots. and shall be deemed disqualified as provided in Section 5 (c) of this Act. actresses and national political figures. 9 SCRA 472) The ballot contains irrelevant expression. the BEI may recount the ballots. the offender shall be sentenced to suffer perpetual disqualification to hold public office and deprivation of the right to vote. if accompanied by the name of the candidate does not annul the ballot except when it is used to . the BEI may effect the transfer by unanimous approval of the board and concurrence of a majority of the watchers present. (Section 209. The Board of Election Inspectors shall assume such positions as to provide the watchers and the public unimpeded view of the ballot being read. and the excess ballots shall not be counted. as amended. A ballot is considered marked in any of the following cases: The voter signed the ballot. BP881) 3. (Section 18.3 hereof without the benefit of the operation of the Indeterminate Sentence Law. Provided. BP881) b. (Dayag vs. recall of any member of the foreign service corps.
24 11. 13.202 SCRA 808) 2. 6. HRET. Evidence aliunde is not necessary to prove a ballot as marked. the use of two or more kinds of writing shall be considered innocent and shall not invalidate a ballot. The erroneous initial of the first name accompanied by the correct surname of a candidate or the erroneous initial of the same accompanied by the correct first name of a candidate shall not annul the vote in his favor. provides that unless it should clearly appear that it has been deliberately put by the voter to serve as identification mark. A ballot in which the first name or surname of a candidate is written should be counted for him. the votes for the candidates whose names were firstly written equal to the number of candidates to be elected shall be counted. When the word written is the first name of one candidate and the surname of another candidate.Moscardon. When two or more words are written on different lines which are the surnames of two or more candidates with the same surname of an office for which the law authorizes the election of more than one. the vote shall be counted in favor of the candidate who belongs to the same ticket as all other candidates voted for in the ballot for the same constituency. If two or more candidates were voted for in an office for which the law authorizes the election for only one. 3.202 SCRA 808) or the correct surname but wrong first name of a candidate is written . and ( 3) a vote which does not sufficiently identify the candidate for whom it is intended. but it shall not invalidate the whole ballot… The unexplained presence of prominent letters and words written with remarkably good hand marked the ballots and must be considered invalid… When in a space in the ballot there appears a name of candidate that is erased and another clearly written. If only the first name of a candidate is written and it sounds like the surname of another candidate. (Cordero vs. the vote shall not be counted for either. not otherwise… The appearance of print and script writings in a single ballot does not necessarily imply that two persons wrote the ballot… Paragraph 18. (Afonso vs. the vote shall be counted for the latter.206 SCRA 606) 8. 5.shall not be counted in his favor. if there is no other candidate with the same name.340 SCRA 396) The rule is in favor of the validity of the ballot. (Lerias vs. A ballot in which the correct first name but wrong surname of a candidate is written . ballots in which the name Pedro alfonso was written cannot be counted in her favor. HRET. BP811) c. (Section 211 (13).. 4. the vote shall be counted in favor of the incumbent.191 SCRA 576) d. If the word written is the incidental name of two or more candidates for the same office none of whom is incumbent. 7. If there are two or more candidates with the same name and one of them is incumbent.(2) a vote which is illegible. With the same surname. COMELEC. (Lerias vs. the vote shall be counted in favor of all the candidates. 14. 10. the vote shall be counted in favor of the latter. the vote is valid for the latter… incorrect spelling of a candidate’s name does not invalidate the ballot—for even the most RULES FOR APPRECIATION OF BALLOTS 1. An incorrectly written name which sounds like the correctly written name of a candidate shall be counted in his favor(Bautista vs Castro. (Bacobo vs. If the ballot contains the first name of one candidate and the surname of another. COMELEC. HRET. the vote shall not be counted in favor of any of them. Where a candidate named Pedro Alfonso died on the eve of the election and his daughter Irma Alfonso substituted him. If the candidate voted for exceed the number of those to be elected.132 SCRA 414) STRAY BALLOT Rule 14 of section 211 of the Omnibus Election Code considers three kinds of votes as stray: (1) a vote containing initials only. Even if the name of a candidate was written on the wrong space.232 SCRA 777) 12. a ballot in which a sticker was stuck by another person to invalidate it should not be rejected. Under Section 211(19 ) of the OEC. any vote in favor of a person who has not filed a certificate of candidacy or in favor of a candidate for an office for which he did not present himself shall be considered as an astray vote.section 149 of the REC. (Villarosa vs. it should be counted if the intention to vote for him can be determined.ZPG & Associates identify the voter. as when there is a complete list of names of other offices written below his name or the voter wrote the office for which he was electing the candidate. 9.
Provincial officials 4. COMELEC. COMELEC. COMELEC. only one counsel may argue for each party of candidate. The remedy is purely administrative. BP 881) RIGHTS OF CANDIDATES 1. Congressman b. Barangay officials SUPERVISORY POWER OVER THE BOARD 25 The COMELEC exercises direct supervision and control over the proceedings before the board of canvassers (Mastura vs. It may motu proprio relieve at any time and substitute any member of the board of canvassers. President b. 347 SCRA 681) CORRECTION OF RETURNS 1.188 SCRA 902) 2. Every registered political party and candidate is entitled to one watcher in the canvassing center. CANVASSING AND PROCLAMATION CANVASSING BODIES 1. BP 881) WHAT CONSTITUTE AN ELECTION Plurality of votes sufficient for choice Not necessary that a majority of voters should vote CERTIFICATE OF VOTES The BEI shall issue a certificate of the number of votes received by a candidate upon request of a watcher.it has only the ministrial task of tallying the votes as reported in the election returns and declare the results. Barangay Board of Canvassers a. (Librados vs. upon being satisfied of the veracity of the petition. Congressmen b. c. Senators b.140 SCRA 126) b. The correction of the manifest mistake in the mathemathical addition calls for a mere clerical task on the part of the board. the results of the election will not be affected. 285 SCRA 493) NATURE OF DUTY OF BOARD OF CANVASSERS 1. Regional Officials 3. PROCEDURE 1. no dilatory action shall be allowed . but candidates for the local legislative bodies belonging to the same party are entitled collectively to one watcher. (Section 16. Provincial board of canvassers a. and none of the candidate affected objects. (Quilala vs. District Board of Canvassers in each legislative district in Metro Manila a. if it finds the petition meritorious and the integrity of the ballot box has not been violated (section 216.234 SCRA 13) 2.199 SCRA 199) 2. the COMELEC shall order a recount of the votes. a. Quasi-Judicial. and cannot exercise the judicial power of deciding an election contest. (section 229. The BEI shall personally deliver to the provincial and district board of canvassers the copy of the election returns intended for them to the election registrar. The COMELEC has direct control and supervision over the board of canvassers except congress. any correction or alteration in the election returns must be initialed by all members of the BEI. Manner of delivery of election Return a. RA6646) The certificate of votes is admissible in evidence to prove anomaly in the election return when authenticated by testimony or documentary evidence of at least two members of the BEI. Watchers have the right to accompany the members of the BEI and the election registrar during the delivery of the election returns to the board of canvassers. BP 881) • A municipal court has no jurisdiction to restrain the municipal board of canvasser. Before the announcement of the results of the election in a precinct. signed and thumbmarked by the members of the BEI. COMELEC a. 2. The fact that an election return was not locked in the ballot box when it was delivered to the board of canvassers is not ground for excluding it in the absence of proof that it was tampered with (Pimentel vs. Any registered political party and candidate has the right to be present and to counsel a. (Tatlonghari vs. After the announcement of the results in a precinct. vice president 2. (section 227. City and Municipal Board of Canvassers a. Ministerial. the authorization of the COMELEC is needed to make any correction or alteration. If the petition is by all members of the BEI. The fact that the watcher of a candidate was not present when the canvassing was resumed because he was notified is not a ground to annul the canvass.The Comelec exercises judgment or discretion to determine whether any given return before it is genuine in connection with the canvass of votes.ZPG & Associates literate person is bound to commit a mistake in spelling. shall order the correction. Casar. The BEI shall personally deliver to the city or municipal board of canvassers the copy of the election returns intended for them sealed in an envelop. Congressman b. Congress a. Comelec. X. the COMELEC. Municipal official 5. (Ong vs. COMELEC. If a candidate affected by the petition objects and the correction will affect the results of the election. City and municipal officials 6.
PHIL CONT”N) 2. A tie among two or more candidates for president or vice president shall be broken by majority vote of both houses of congress voting separately (Section 4. If the certificate of canvass was tampered with. The certificate of votes signed by the BEI and tally board cannot be used for the canvass. A proclamation made where the contested returns set aside will affect the result of the election and the board of canvassers proceeded to proclaim without the authority from the COMELEC is null and void. COMELEC. In the case of other positions. the board shall use the other copies of the election return. ii. a recount of the vote should be ordered instead of excluding the election return in the canvassing. ART VII. it should be excluded from the canvassing and a recount of the ballots should be made or the certificate of votes cast in the precinct should be used.311 SCRA 694) TIE 1. ii. ii. 216 SCRA 866) iii.257 SCRA 1) a canvass cannot be reflective of the true vote of the electorate unless all returns are considered and none is omitted (Caruncho III vs. result of the election. (Sema vs. COMELEC. Discrepancies in returns If there are discrepancies in the other authentic copies of the return or in the words or figures in the same return and it will affect the .249 SCRA 490) c.315 SCRA 693) 7. the COMELEC after ascertaining that the integrity of the ballot box has not been violated. If all copies of the Election returns were lost. COMELEC. in case of an omission in the election return of the names of a candidate or his votes. COMELEC. (Bagatsing vs CCOMELEC. the COMELEC may order that any of the copies of the election returns be used in making a new canvass. the board of canvassers may use authentic copy of it or a certified copy of it issued by the COMELEC(Section 233. the COMELEC shall order the BEI to count the votes for the candidate whose votes were omitted and to complete the return. COMELEC.ZPG & Associates 3.320 SCRA 817) 5.( Lucero vss. 3. An incomplete canvass of votes is illegal cannot be a basis of a valid proclamation (Samad vs. If an election return is missing a recount should not be ordered if there is any authentic copy available(Ong vs. COMELEC. 262 SCRA 222) b. because only election returns are evidence of the results of the election.347 SCRA 633) 4. It is not necessary that all the other copies shall be considered. it should not be counted and a count of the ballot should be ordered. the ties shall be broken by the drawing of lots. a proclamation may be made upon the order to the COMELEC after notice and hearing. after ascertaining that the integrity of the ballot box has not been violated. If the votes omitted cannot be ascertained except by recounting the ballots.224 SCRA631. 26 Omission in the return i. Lost return i. COMELEC. Brion.(Mastura vs. Since the omission of the election return on the number of votes certain candidates received is not a discrepancy.shall order the BEI to recount the votes and prepare a new return. If the other copies of the election returns were also tampered with or falsified or prepared under duress or by persons other than the BEI.249 SCRA 440) PROCLAMATION 1.234 SCRA 280) d. the board of canvassers shall require the BEI to complete it. iv. If any election return has been lost. COMELEC.Loong vs. the winning candidate who is sought to be disqualified is entitled to be proclaimed as a matter of law. iii. The fact that the candidate who obtained the highest number of votes is later declared to be disqualified or nor eligible for the office to which he was elected does not necessarily entitle the candidate who obtained the second highest number of votes to be declared the winner of the elective office… To allow the defeated and repudiated to take over the mayoralty despite the rejection by the electorate is to disenfranchise the electorate without any fault of their part and to determine the importance and meaning of democracy and the people’s right to elect officials of their choice… Court a quo correctly held that the second placer lost the elections and was repudiated by either a majority or plurality of voters. 6.315 SCRA 693) 2. Problem areas a. (Garay vs COMELEC. If the questioned election returns will not affect the result of the election. shall order the recount of the ballots.265 SCRA 493) iv. Tampered or falsified return i. (Caruncho vs. COMELEC. (Patoray vs. after ascertaining the integrity of the ballot has not been violated. Since an election return prepared without counting the ballots is a fabrication. the COMELEC. The mere filing of a petition for disqualification is not a ground to suspend the proclamation of the winning candidate-in the absence of an order suspending proclamation. upon prior authority of the COMELEC. a recount of the ballots should be made.BP 881). If the election return submitted to the board of canvassers was tampered with or falsified or prepared under duress or by persons other than the BEI. Filing of pre-proclamation controversy under 2448 of BP881 is not the only grounds for the suspension of proclamation. The proclamation of a winning candidate cannot be annulled if he has not been notified of the motion to set aside his proclamation. COMELEC. (Loreto vs. (Patoray vs. If there is discrepancy between the tally and the written figures in the election return.
c. A copy of an election return or certificate of canvass was tabulated more than once. Vice presidential. contain material defects. Errors in addition in the certificate of canvass may be corrected.319 SCRA 482) In pre-proclamation controversy. COMELEC. or in the certificate of canvass… a manifest clerical error is one that is visible to the eye or obvious to the understanding. C. appear to be tampered with or falsified or contain discrepancies in the same returns or in other authentic copies. COMELEC. PRE-PROCLAMATION CASES Dfinition. RA 7166) SCOPE OF CONTROVERSY PRE-PROCLAMATION a. Provincial. the remedy is a regular election protest. The canvassing body may motu proprio or upon petition of an interested party correct manifest errors in the certificate of canvass or election return.320 SCRA 836) 1. the result of which materially affect the standing of the aggrieved candidate. BP 881) XI A. (Sec 15. senatorial and congressional elections from filing pre-proclamation case. senators and members of the House of Representatives for the simple reason that the correction of manifest error will not prolong the process of canvassing nor delay the proclamation of the winner in the election. The composition of the proceeding of the board of canvassers is illegal b. and does not include an error which may.221 SCRA 75) B. While the first sentence of section 15 of RA 7166 prohibits candidates in the presidential.235 and 236 in relation to the preparation. d. by evidence dehors the record to be shown to have been committed.coverage Pre-proclamation controversy refers to any question pertaining to or affecting the proceedings of the board of canvassers which may be raised by any candidate or by any registered political party or coalition of political parties before the board or directly with the Commission. iii. except congress.323 SCRA 403) 2. falsified or materially defective returns which appear as such on the face. vice-president.receipt. Questions involving the legality of the composition or proceeding of the board of canvassers. (section 12. Two or more copies of the same election return or certificate of canvass were tabulated separately. 327 SCRA 406) JURISDICTION 1. The returns are incomplete.211 SCRA 315) ERRORS IN THE CERTIFICATE OF CANVASS Correction of manifest errors has reference to errors in the election returns. in the entries of the statement of votes by precinct/per municipality. 27 2. receipt. To require the COMELEC to examine the circumstances surrounding the preparation of the returns would run counter to the rule that a preproclamation controversy should be summarily decided. RA7166) i. unless for a cause beyond the control of the elected official. President. may be raised initially in the board of canvassers or the COMELEC. and is apparent from the papers to the eye appraiser and the collector. ( Chu vs.supra) A pre-proclamation controversy is limited to an examination of the election returns on their face.transmission. (Trinidad vs.(SEC 15 and 17. the board of canvassers and the COMELEC are not to look beyond or behind election returns which are on their face regular and authentic returns. senators. vice president. ii. custody and appreciation of the election returns. ISSUES 1. (Sandoval vs. transmission.The COMELEC as a general rule need not go beyond the face of the returns and investigate alleged election irregularities.234.(CHU. congressmen and barangay officials No pre-proclamation case is allowed regarding the preparation. COMELEC. Substitute or fraudulent returns were canvassed. The returns were prepared under duress or are obviously manufactured or not authentic. RA 7166) 2.(Chaves vs COMELEC. custody and appreciation of the election return or certificate of canvass. his office will be considered vacant. (Sebastian VS COMELEC. or any matter raised under sections 233.ZPG & Associates FAILURE TO SSUME OFFICE If a candidate fails to take his oath of office within 6 months from his proclamation. Where the resolution of the issues raised would require the COMELEC to “pierce the veil” of election returns that appear prima facie regular. The office of pre-proclamation controversy is limited to incomplete. the second sentence allows the filing of petitions for correction of manifest errors in the certificate of canvass or election returns even in elections for president. Questions involving the election returns and certificate of canvass should be brought in the first instance before the board of canvassers only (Section 17. There was a mistake in copying the figures into the statement of votes or certificate of canvass. (Ong vs COMELEC. city and municipal officials .
ZPG & Associates iv. Standing alone without more. that there were discrepancies between the signatures in the voter\s affidavits and the voting record. Returns from non-existent precincts were included in the canvass The statement of votes cannot be corrected on the basis of a certification given to a watcher. Where the votes cast in 50 precincts for the candidates for senators of one party equalled the number of registered voters. The padding of the list of voters cannot be raised in a pre-proclamation ii.327 SCRA713) ISSUES NOT RESOLVABLE N PREPROCLAMATION CONTROVERSY 28 1. 99 SCRA 5892) Questions on the appreciation of the ballots can not be raised in preproclamation case. the claim that some ballots were spurious. vote-buying and terrorism of the voters are not proper issues in a preproclamation case. The mere fact that the percentage of turnout of voters was high and that a candidate received high percentage of the votes does not make the election returns statistically improbable. The use of illegal election propaganda. Where only one candidate of a party got all the votes in some precincts and his opponent got zero.159 SCRA 623) iv. COMELEC.325SCRA 636) v. i. (Ilarde vs. COMELEC. marked or invalid cannot be raised in a preproclamation case. the election returns are not statistically improbable. voting by flying voters. the number of votes cast were less than the number of registered voters.(Chavez vs.(Velayo vs. . since election returns are what are supposed to be the basis of the canvass. all the candidates for senators of that party received the same number of votes.133 SCRA 376) v. the utmost care being taken lest in penalizing the fraudulent and corrupt practices. COMELEC. (pataray vs.Issues involving the casting or the counting of the ballots are not proper in pre. 211 SCRA 315) Likewise. the claim that a candidate was not credited with votes cast for him because his name was similar to that of another disqualified candidate cannot be raised in a pre-proclamation case. Terrorism of voters.proclamation cases.COMELEC. COMELEC. 232 SCRA 777)Thus. (Doruelo vs.274 SCRA 470) iii. The bare fact that candidate for public office had received zero vote is not enough to make returns statistically improbable (Ocampo vs. i. (Balindong vs. (Lagumbay vs. COMELEC. innocent voters become disenfranchised…The doctrine of statistical improbability involves a question of fact and more prudential approach prohibits its determination ex parte. and all the candidates for senators of the opposing party got no votes.184 SCRA 433) v. the election returns are statistically improbable and are obviously fabricated. (Villegas vs. Vote buying and secrecy in the preparation of ballots are not proper grounds for preproclamation case (Salazar vs. 21 SCRA 1391)sss iii. The claim that the voters were allowed to vote without verifying their identities. Technical examination of the signatures and thumbprints of the voters to prove substitute voting is not allowed in a preproclamation case. and third persons falsely voted for voters who did not vote are not proper issues in a pre-proclamation case (Dipatuan vs. COMELEC. COMELEC. deprivation of the right to vote of registered voters and vote buying cannot be raised in a pre-proclamation case (Allarde vs. the other candidates for the other party for other positions received votes. COMELLEC. (Ramirez vs. (Alfonso vs. (Sangki vs COMELEC. Climaco. the bare fact that a candidate for public office had receive zero votes in one or two precincts can not adequately support a finding that the subject election returns are statistically improbablethe doctrine of statistical improbability must be viewed restrictively. The mere fact that a candidate receive overwhelming majorities over another candidate in numerous precinct does not make the election return statistically improbable.COKELRC.270 SCRA 390) STATISTICAL IMPROBABILITIES An election return which is statistically improbable is obviously fabricated and should not be counted.260 SCRA 294) vii. COMELEC . 16 SCRA 175) ii. 31 SCRA71) iv. COMELEC.185 SCRA 86) vi.
Comelec. All pre-proclamation controversies on election returns or certificates of canvass shall be disposed of summarily-first by the record of canvassers and then. (Chu vs.(Salih vs. Procedure in case of contested returns 1.RA 7166) a.ZPG & Associates case.205 SCRA 1) ii. (Section 19 RA 7166) B. COMELEC. (Arroyo vs. 246 SCRA 384) 3. list of voters and voting records. since it does not involve the election return. and the lack of authority of the person who received the election returns do not affect the authenticity of the returns. 325 SCRA 636) x The fact that the counting of the votes was not completed because of the explosion of grenade and that no election was held cannot be raised in a pre-proclamation case. it should not be excluded (Salvacion vs.372 SCRA 713) 2. with the least possible delay. since this is properly cognizable in an election protest. (Ututahan vs. COMELEC. absence of time and date of receipt of election return by the board of canvassers.(Velayo vs. Where the threats of the followers of a candidate did not affect the genuineness of an election return. (Matalam vs. i. COMELEC. (Velayo vs. Administrative lapses which do not affect the authenticity of an election return cannot serve as basis for annulling the election return. signifying that the power may be exercised without trial in the ordinary manner prescribed by law for regular judicial proceedings. COMELEC.137 SCRA 356. The absence of the signature of the claimant of the BEI on the voter’s affidavits. absence or excess of detachable coupons. The fact that the voting was sham or minimal is not a ground for filing a pre-proclamation case.327 SCRA 713) 3.(Guiao vs /comelec. discrepancies between the member of detachable coupons and the number of ballots. COMELEC. lack of seals. although no objection was made during the canvass. Objections to an election return shall be submitted orally to the chairman of the board of canvassers at the time the return is presented for inclusion in the canvass and shall be entered in the form for written objection(Sec 20 (a) and (c).228 SCRA 596) b. RA 7166 explicitly provides that it is only on the basis of the official records that the COMELEC can decide the preproclamation controversy in a summary manner. By the COMELEC. missing voter’s lists are mere administrative omissions and cannot be used as basis to annul an election return. as these are irregularities that do not appear on the face of the election returns.279 SCRA 19) ix To look beyond or behind election returns is not a proper issue in preproclamation controversy (Ocampo vs.Navarro vs COMELEC.271 SCRA 733) 2.276 SCRA 705) The ruling of the board of canvassers on question affecting its composition or proceeding may be appealed to the COOMELEC in 3 days. HRET. (Laodenio vs. lack of signature of watchers of the petitioner. a petition for correction of the statement of votes may be filed after the proclamation of the winner. The failure to close the entries in the election returns with the signature of the BEI. as error was discovered only after the petitioner got a copy of the .189 SCRA 335) viii. Summary proceedings cannot be stretched to mean ex parte proceedingsummary simply means with dispatch. An objection made after the canvass is late. 319 SCRA 482) A. since it must be raised immediately. COMELEC. COOOMELEC. (Baterina vs. COMELEC. Procedure in contested composition or proceeding of the Board of Canvassers The illegality of the composition of the board of canvassers cannot be questioned after the proclamation of the winner. COMELEC.170 SCRA 513) 29 SUMMARY DISPOSITION OF PRE-PROCLAMATION CONTROVERSY 1.
RA 7166) 5. COMELEC 271 SCRA 733). since it does not involve an election protest or a preproclamation case (Ramirez vs. Within 24 hours after presentation of the objection.(Cabanero vs CA) The RTC has no jurisdiction to compel themunicipal board of canvassers. The board of canvassers shall summarily rule in the contested returns (Section 20(d). COMELLEC.270 SCRA 590) The COMELEC has the power to order the correction of the statement of votes to make it conform to the election returns.250 SCRA 298) 2.ZPG & Associates statement of votes. Rule 27 of COMELEC rules of procedure) However.186 SCRA 464). Within 24 hours he must file a written and verified notice of appeal with the board of canvassers and take his appeal to the COMELEC within 5 days. (Penaflorida vs.178 SCRA 746).229 SCRA 666) Under the COMELEC Rules of procedure.(Sardea vs. Period of appeal . the preproclamation case is no longer viable and should be dismissed (Sardea vs. It does not apply if the proclamation is void. to make a proclamation. (Agbayani vs. The canvass of any contested return shall be deferred and the board of canvasser shall proceed to canvass the uncontested return (Section 20(b).RA 7166) 6. COMELEC. CCOMELLEC. (section 20(f).RA 7166) a.328 SCRA 530) The pre-proclamation case should no longer be decided if exclusion of the questioned election return will not change the result of the election.2521. It must be filed not later than 5 days after the proclamation. A party who intends to appeal should immediately inform the board of canvassers.229 SCRA 669) All pre-proclamation cases pending before the COMELEC shall be terminated at the beginning of the term of the office (noon of June 30) involved.(Section 5(b). because it was based on incomplete returns. (Matalam vss. (Benito vs. without prejudice to the filing of an election protest by the aggrieved party. a late appeal should be allowed. a petition for correction of the certificate of canvass may be filed even before the proclamation of the winner. The COMELEC shall decide the appeal within 7 days from receipt of the records.235 SCRAS 436) The COMELEC cannot by regulation shorten the period to question its decision before the SC for under the Constitution the period of 30 days can be shortened by law only.234 SCRA 1) b. COMELEC. the objecting party shall submit evidence in support of the objections. COMELEC. a party may file a written opposition and attach the supporting evidence. COMELEC.282 SCRA 241 And Barroso vs Ampig. 4. (In re COMELEC Resolution no. (Bince vs. Comelec.225 SCRA 374) 7.242 SCRA273) A petition for correction of manifest errors in the statement of votes can be decided by the COMELEC en banc at the first instance. Within 24 hours. which suspended the proclamation because of a possible discrepancy in the election return. The same hols true where the computation of votes was erroneous. and the rulings of the board of canvassers shall be deemed affirmed. Appellate jurisdiction Since the proclamation of a candidate who finished second made after the candidate who got the highest number of votes was killed is patently void. (Mentang vs. COMELEC). the five-day deadline is not applicable to a petition for the annulment of proclamation of a candidate when it was his opponent who obtained the majority for what was corrected was not the entries but the computation of the votes. (Castromayor vs.(Section 20c. COMELEC. and the decision shall be executory after 7 days from receipt by the losing party.271 SCRA 733) 30 The RTC has no jurisdiction to review the decision of the municipal board of canvassers to correct a certificate of canvass. COMELEC. COMELEC.RA 7166) 3. (Sections 18 and 20(f). (Duremdes vs. However this rule presupposes the proclamation is valid. (Mentang vs. (Matalam vs. RA 7166) TERMINATION OF PREPROCLAMATION CASE Once a proclamation has been made. COMELEC. The same holds true if the returns were manufactured.
As a general rule. as when the Municipal Treasurer took over the canvassing without having been designated.270 SCRA 583) 2. The COMELEC may order the proclamation of other winning candidates whose election will not be affected by the pre-proclamation case. 311 SRA 602) ELECTION CONTESTS A. (Velayo vs. 23335 SCRA 436) 5. COMELEC. Phil.QUO WARRANTO 1. PC. COMELEC. The filing of an election protest results in abandonment of a preproclamation case even if the protest alleged it was filed as a precautionary measure. (Section 20 (i). Sec 249 BP 881) . Sampayan vs. without prior notice and hearing. COMELEC. if any. PC) 3.(Laodenio vs.ZPG & Associates EFFECT OF FILING AN ELECTION PROTEST.(Torres vs. The COMELEC can annul a proclamation because of an error in the computation of the votes in the statement of votes since the proclamation is void. (Saman vs. the expedient action to take is to direct the Municipal Board of Canvassers to reconvene and. COMELEC. RA 7166) 4.332 SCRA 757) 3. COMELEC. Art VI. if he did not explain why. (Section 21. COMELEC.331 SCRA 473) 2. Proclamation may be made if the contested returns will not adversely affect the results of the elections. the filing of an election protest or a petition for quo warranto precludes the subsequent filing of a preproclamation controversy. PC. COMELEC. The protest was filed as a precautionary measure (mitmug vs. since he was not the choice of the people. annulled the proclamation of a winning party and directed the Municipal Board of Canvassers to reconvene and effect corrections in the total number of votes received by the candidates and thereafter proclaim the winner.288 SCRA 76) ANNULMENT OF PROCLAMATION 31 1.276 SCRA 405) 3. after notice and hearing in accordance with rule 27. 327 SCRA 713) 4. (Benito vs. House of Representatives Electoral Tribunal-Congressmen ( Sec 17. The wreath of victory cannot be transferred from the disqualified winner to the repudiated loser because the law then as now only authorizes a declaration of election in favor of the person who has obtained a plurality of votes to be declared elected. The rule that the filing of a protest implies abandonment of the preproclamation case does not apply if: i.224 SCRA 631) CONTINUANCE OF THE CASE If the petition appears meritorious on the basis of the evidence presented so far. It is improper for the COMELEC to annul the proclamation of a winning candidate on the basis of new and additional evidence which were not presented before the Board of Canvasssers and which were not furnished to the said candidate… Reliance should not be placed on mere affidavits for the purpose of annulling a winning candidate’s proclamation. Const) Senate Electoral tribunal – Senators ( Sec 17. Art VI. or amounts to the abandonment of one earlier filed. section 7 of the COMELEC Rules of Procedure. COMELEC. (Lonzanida vs. 4. COMELEC. Where the COMELEC. Daza. proclaim the winning candidate or candidates as members of the Sangguniang Bayan( Angelia vs. Commission on Elections Regional Officials Provincial Officials City Officials ( Sec 2(2).283 SCRA 349) 2. (Maruhom vs. A candidate for mayor who finished second cannot be proclaimed simply because the candidate who received the highest number of votes died. The Board of Canvassers shall not make any proclamation without any authorization from the COMELEC (Jamil vs COMELEC. Jurisdiction Supreme Court( Tribunal) Presidential Electoral President Vice-President ( Sec. in the election returns and. (Sunga vs. RA 7166) PROCLAMATION 1. the COMELEC or the SC may order the case to continue. RA 7166) 3. 213 SCRA 807) 4. The board of canvassers was improperly constituted. to effect the necessary correction. Art VII. A proclamation subsequently declared void is no proclamation at all and while a proclaimed candidate may assume office on the strength of the proclamation of the Board of Canvassers he is only a presumptive winner who assumes office subject to the final outcome of the election protest. (Section 16. COMELEC. Art IX-C. on the basis thereof.230 SCRA 54) ii.
Since the filing of a preproclamation case merely suspends the running of the period to file an election protest. b. Rules of Presidential Electoral Tribunal) 2) Quo Warranto. Rules of Presidential Electoral Tribunal) Senator 32 . ii. PC. ( Frivaldo vs COMELEC . Quo Warrantoany voter ( Rule 15. RA 7166) B. The running of the reglementary period to file an election protest is tolled by a party’s elevation to the Supreme Court of a COMELEC decision resolution of proclamation case. BP 881. Art IX-C. Barangay Officials – 10 days ( Sec 252 and 253.ZPG & Associates 6. President and VicePresident 1) Protest30 days ( Rule 14. BP 881) vi. ( Sec 248. PC. 289 SCRA 150) vi. Quo Warranto Requisites: i. the period does not run until receipt of the dismissal by the Supreme Court. Senators 1) Protest – 15 days ( Rule 14. Within 10 days from the proclamation of the results of the election. Regional Trial Court.10 days ( Rule 15.( Gallardo vs Rimando. and Municipal Trial Court – Barangay Officials [ Sec 2(2). On grounds of ineligibility or disloyalty to the Republic of the Philippines iii. the quo warranto case should be allowed even if it filed more than 10 days after his proclamation. Gatchalian vs CA . 126 SCRA 342] Metropolitan Trial Court. On ground of fraud. The period to file an election protest or quo warranto case is suspended from the filing of a pre-proclamation case until receipt of the order dismissing the case. 174 SCRA 245) 2 . during or after the casting and counting of votes iii. Regatcho vs. Municipal Trial Court – Sangguniang Kabataan ( Sec 1. 230 SCRA 469) 7. BP 881. Period of filing contest a. Cleto. Where the evidence of the lack of Filipino citizenship of a provincial official was discovered only 18 months after his proclamation. Rules of Presidential Electoral Tribunal) ii.Protestant or Petitioner President and Vice-President i. protestCandidate with second or third highest number of votes ( Rule 14. Sec 252 BP 881. COMELEC . irregularities or illegal acts committed before. Art IX-C. If the dismissal was elevated to the Supreme Court . Municipal Circuit Trial Court. C Procedure 1. Dela Rosa. 232 SCRA 78) Municipal Officials. Revised Rules of Senate Electoral Tribunal) 2) Quo Warranto – 10 days ( Rule 15. SCRA 208) ii.10 days ( Secs 251 and 253. Rules of Presidential Electoral Tribunal) ii.Municipal Officials ( Sec 2(2).1998 Rules of House of Representatives Electoral Tribunal) iv. BP 881) vii. terrorism. Municipal Circuit Trial Court. 283 SCRA 505) v. only the balance of the period is in case of dismissal. 289 SCRA 120) iv. because review by the Supreme Court is part of the proceeding. Periods i. Must be filed by any candidate who has filed a certificate of candidacy and has been voted upon for the same office. Papandayan vs. Within 10 days from the proclamation of the results of the election v. provincial and city officials-10 days ( Sec 250 and 253. BP 881. Sec 251. Revised Rules of Senate Electoral Tribunal) iii. Election Protest Requisites: i. ( Roquero vs COMELEC . Action which may be filed 1. ( Roquero vs COMELEC . RA 7808) Exceptions i. Filed by any registered voter in the constituency ii. 187 SCRA 463) iii. Congressmen10 days ( Rule 16 and 17. The period to file an election protest is suspended by the filing of the petition to annul the proclamation of the winner ( Manahan vs Bernardo.10 days ( Sec 1. Metropolitan Trial Court. Regional. Sangguniang Kabataan. Republic vs.
however not jurisdictional. Quo Warranto. 1998 Rules of House of Representatives Electoral Tribunal) Regional.any candidate ( Rule 14. (Miro vs COMELEC.any voter ( Sec 253. 33 .( Sec 251 . It is.( Sec 252. the election protest should be dismissed. 270 SCRA 340) Substantial compliance is sufficient .any candidate Quo Warranto. 55 Phil 929) The protestant finished second in the election ( Ali vs CFI of Lanao. the protest should not be dismissed.any candidate. BP 881) Quo Warranto. it can be determined from the records of the case that it was filed on time.any candidate ( Sec 250.any voter ( Rule 15. Bp 881) Payment of Docket Fee When the protestant included a claim for attorney’s fees in his protest and paid the docket fee for his claim for attorney’s fees but did not pay the basic docket fee for the election protest . 81 Phil 212) The protestant was one of the registered candidates voted for and he received a certain number of votes ( Jalandoni vs Sarcon.any voter ( Sec 253. ( Domingo vs COMELEC. BP 881) Quo Warranto. 100 SCRA 702) The protestant was a candidate for governor and was voted for.ZPG & Associates i. 121 SCRA 466) Verification/Certificate of Absence of Forum Shopping When the petioner failed to state in his verification that the contents of the election protest are true and correct of his own personal knowledge . BP 881) Barangay Officials Protest. 313 SCRA 311) The requirement that every initial pleading should contain certification of absence of forum shopping applies to election cases for Circular No. The protestant received a certain number of votes ( Anis vs Contreras. Revised Rules of Senate Electoral Tribunal) ii. ( Soller vs COMELEC. as when the protest was filed on the tenth from the date the casting of votes was held. (Pena vs HRET . ( Gatchalian vs CA. 245 SCRA 208) Allegations in Protest An election protest should contain the following jurisdictional allegations: The protestant is a candidate who duly filed a certificate of candidacy and was voted for in the election The protestee has been proclaimed elected The date of proclamation ( Miro vs COMELEC. Thus the following allegations sufficiently comply with the first requirement. 80 Phil 506) The protestant was a candidate voted for in the election with a valid certificate of candidacy for mayor ( Pamania vs Pilapil.any candidate. 1998 Rules of Senate Electoral Tribunal) Congressmen Protest. BP 881) Municipal Officials Protest. Tamarong vs Lubguban. BP 881) Quo Warranto.any voter ( Sec 253.Any voter ( Rule 17.. said petition lacks proper verification and should be treated an unsigned pleading and must be dismissed. Protest. 121 SCRA 466) An election protest which does not specify the precinct where the alleged irregularities occurred is fatally defective . City Officials Protest. Circular No 04-94 requiring a certification of non-forum shopping is applicable to election cases as it is mandatory . provincial. 269 SCRA 624) SC Adm. 339 SCRA 685) Forum Shopping exists when the petitioner files multiple petitions or complaints involving the same issues in two or more tribunal or agencies. 94 Phil 266) The protestant was the official candidate of a [particular political party and received a certain number of votes ( Maquinay vs Bleza. 182 SCRA 137) Even if the protest did not allege the date of the proclamation. 04-94 does not distinguish ( Loyola vs CA 245 SCRA 477. ( Macias vs COMELEC.
231 SCRA 57) 12. 224 SCRA 384) Preliminary Motions A motion to dismiss and a motion for a bill of particulars may be filed in an election protest pending before the regular courts . the protest should continue . 229 SCRA 90) A counter protest cannot be allowed if the answer was filed out of time ( Lim vs COMELEC. Injunction A protestee cannot be enjoined from assuming office because of the pendency of an election protest. ( Careno vs Dictado. 1918) If the protestee died. 227 SCRA 311) 10. supra) The strict application of the nonforum shopping rule in election contests would not work to the best interest of the parties and the electorate . since the COMELEC Rules of Procedure are not applicable to the regular courts because of the exclusive rule-making power of the Supreme Court. unlike an ordinary civil action . ( Pacal vs Ramos. GR No L-10916. GR No 13206. Cash Deposit A protestee who filed a counterclaim for attorney’s fees cannot be required to file a cash deposit since a cash deposit is required only for a counter-protest ( Roa vs Inting.it involves not only the adjudication of private and pecuniary interest of rival candidates but paramount to their claims is the deep public concern involved and the need of dispelling the uncertainty over the real choice of the electorate. ( Tumarong. Substitution Even if the protestee has resigned . as a favorable judgement will be entitled the protestant to assume the office ( Delos Angeles vs Rodriguez. he has the right to assume office. 13. ( Luisaon vs Garcia . ( Arroyo vs HRET. Answer An answer file out of time cannot be admitted ( Kho vs COMELEC 279 SCRA 463) Where the answer of the protestee was filed out of time and a general denial was entered in favor of the protestee. May 10. 1957) If they were joined in an action . However. he should be substituted by his successor such as the vice-mayor ( Dela Victoria vs COMELEC. as only the ineligibility or disloyalty of the winner can be raised in such case ( Samad vs COMELEC. . is clothed with public interest--. 199 SCRA 561) He cannot be substituted by his heirs. 160 SCRA 759) a. ( Barroso vs Ampig Jr. 46 Phil 599) The same holds true if the protestee accepted another position ( Calvo vs Maramba. 282 SCRA 53) 11. 81 Phil 20) Composition of Board of Canvassers The illegality of the composition of the board of canvassers cannot be raised in a quo warranto case. An election contest. January 7. since public office cannot be 34 b. they should be ordered separated. Until the case is decided against him. 224 SCRA 631) Change Theory Substantial Amendments to the election protest cannot be made after the expiration of the period for filing an election protest. they can be filed separately.ZPG & Associates The filing of a certification of absence of forum shopping after the filing of the protest but within the period for filing a protest is substantial compliance. the rule in civil cases that general denials operates as a n admission is not applicable ( Loyola vs HRET. ( Aruelo vs CA. 328 SCRA 530) Joinder of Election Protest and Quo Warranto Cases An election protest and quo warranto case cannot be filed jointly in the same proceeding.
If it was granted but reversed on appeal . Under Sec 264. 243 SCRA 690. authentic election return cannot be annulled because the ballots were lost or destroyed ( Arroyo vs HRET 246 SCRA 384) b. ( De Castro vs COMELEC 267 SCRA 806) handwriting experts. 293 SCRA 578) a. 283 SCRA 229) Decision 14. as amended . and misappreciation of ballots ( Manahan vs Bernardo. 17. Demurrer A motion to dismiss for insufficiency of the evidence of the protestant has rested is a demurrer to the evidence. BP 881) The loser cannot be ordered to reimburse the winner for the expenses incurred in the election protest for no law provides for it ( Atienza vs COMELEC 239 SCRA 298) d. as they are not the best evidence ( Nazareno vs COMELEC 279 SCRA 89) 20.Edding vs COMELEC 246 SCRA 502) Where a petition for certiorari merely questioned the denial of the motion of the protestee for extension of the time to answer. the candidate who got the highest number of votes cannot be proclaimed elected as he did not get the majority or plurality of the votes ( Sunga vs COMELEC. 283 SCRA 505) The revision of ballots in an election protest filed with COMELEC should be held in Manila ( Cabagnot vs COMELEC. such as the vice-mayor. Actual damages may be awarded in accordance with the law ( Sec 259. The mere fact that the decision in favor of the protestant was reversed on appeal is not sufficient basis for the ruling that the protestant should be awarded attorney’s fees because the protest was filed for harassment ( Malaluan vs COMELEC 254 SCRA 397) e. inherited. the COMELEC cannot affirm the decision of the merits in the election protest. The ballot boxes should be opened without requiring proof of irregularities. Deferment of Counter Protest A protestee cannot ask that before making the revision of the ballots involved in his counter-protest. If the winner is ineligible. the COMELEC has jurisdiction over petitions for certiorari. 15. par 1 of BP 881. the award of damages is no among the imposable penalties for the commission of any of the election offenses thereunder by any individual ( Regalado vs CA 325 SCRA 516) 22. 243 SCRA 578) 35 Unless the original documents or certified true copies of them cannot be produced or photo-copies cannot be used as evidence ( Arroyo vs HRET. 236 SCRA 60) Certiorari Under Sec 50 of BP 697. 246 SCRA 384) Ballots cannot be excluded on the ground that they were written by any person or were marked on the basis of mere photo-copies. 16. 260 SCRA 503) 21. ( Acosta vs COMELEC. 19. ( Erni vs COMELEC.ZPG & Associates c. Abandonment A defeated candidate for president who filed an election protest and ran for senator should be deemed to have abandoned the protest ( Santiago vs Ramos. 253 SCRA 559) Summary Judgment An election protest cannot be decided summarly. Execution of Judgment Pending Appeal 18. ( Abeja vs Tanada. 236 SCRA 60) If it is the protestant who died. he should be substituted by the public official who would have succeeded him. prohibition and mandamus involving election cases pending before the courts whose decisions are appealabe to it ( Relampagos vs CUmba. the protestee is deemed to have the right to present evidence ( Enojas vs COMELEC. 288 SCRA 76) c. as summary judgment applies only to ordinary civil action for recovery of money MELEC 199 SCRA 449) Opening of Ballots When an election protest is filed. Evidence The genuineness of the handwriting in the ballots can be determined without calling . the court first determine that the protestant would win on the basis of the revisions of the ballots involved in the protest (Abeja vs Tanada.
Governed by Sec 2 . Rules of Presidential Electoral Tribunal iii. Senator. Rule 38 COMELEC Rules of Procedure) iii. Rule 65 Rules of Court) ii. 232 SCRA ) ii. The shortness of the remaining portion of the term of the contested office iii. Jurisdiction i. Rule 19 COMELEC Rules of Procedure) Review a. Filing of bond as a condition for the issuance of a corresponding writ of execution to answer for the payment of damages which the aggrieved party may suffer by reason of the execution pending appeal ( Ramas vs COMELEC 286 SCRA 189) • Execution pending appeal cannot be ordered on the basis of gratuitous allegations that public interest is involved and that the appeal is dilatory. 322 SCRA 757) 24.10 days ii. Barangay Officials ( Sec 19. BP 881.. provincial. or decision except in election offense cases is a prohibited pleading under the COMELEC Rules of Procedure. ( Angela vs COMELEC . Congressmen10 days ( Rule 74. Municipal officials ( Sec 256. Sec 3 Rule 22 of COMELEC Rules of . Regional. a. Provincial and City Officials – 5 days ( Sec 2. No motion for reconsideration is allowed in election contests involving the following: 36 i. Rule 65 Rules of Court) iii. since the pre-trial is not applicable to the election protest. Sangguniang Kabataan ( Sec 19. Rule 37 and Sec 12. 244 SCRA 41) d. ( Pangilinan vs De Ocampo.Supreme Court within 60 days ( Sec 4. order. Regional. CongressmenSupreme Court within 60 days ( Lerias vs HRET. and City officials – Supreme Court within 30 days ( Sec 7. 271 SCRA 757) A motion for execution pending appeal filed after the expiration of the period of appeal can no longer be granted ( Relampagos vs Cumba 243 SCRA 690) 23. Length of time that the election contest has been pending ( Ferno vs COMELEC 328 SCRA 52) iv. unlike the Election Code of 1971…. therefore any party who disagrees with it is to file a petition for certiorariunder Rule 65 of the Rules of Civil procedure – a motion for reconsideration of an en banc ruling. A resolution of the COMELEC en banc is not subject to reconsideration. Public interest involved or will of the electorate ii. For a party to wait until the COMELEC en banc denies his motion for reconsideration would be to allow the reglementary period for filing a petition for certiorari with the SC to run and expire. a party who did not file for a motion for reconsideration of a decision of a division of the COMELEC cannot elevate the case to the Supreme Court ( Reyes vs RTC of Oriental Mindoro. Senator. Rule 39 of the 1997 Rules of Civil procedure. Rule 37 and Sec 12 Rule 38. The failure of the extant election laws to reproduce Sec 218 of the Election Code of 1971 does not mean that the execution of judgment pending appeal is no longer available in election cases…. One motion for reconsideration is allowed in the contest involving the following : i. Vice-President10 days ( Rule 65. Since only decisions of the COMELEC en banc may be elevated to the Supreme Court . Execution pending appeal should be based upon good reasons and a combination of two or more of them will suffice to grant execution pending appeal: i.ZPG & Associates BP 881 and other election laws do not specifically provide for the execution pending appeal for judgment in election cases. The Supreme Court has explicitly recognized and given approval to execution of j judgment pending appeal in election cases filed under existing laws. Rules of Senate Electoral Tribunal) iv. Municipal Officials 1) COMELEC within 5 days ( Sec 22 RA 7166. Sec 4. The rationale why execution pending appeal is allowed in election cases is to give much recognition to the worth of a trial judge’s decision as that which is initially ascribed by the law to the proclamation by the board of canvassers. ( Camlian vs COMELEC 271 . Motion for Reconsideration b. resolution. Veloria vs COMELEC . COMELEC Rules of Procedure) c. Art IX-A Phil Const) iv. President.10 days ( Rule 64. 1998 Rules of HRET) v. 211 SCRA 907) However this rule should not be applied to the dismissal of an election protest for failure of the counsel of the protestant to appear at the pre-trial.
An appeal may be dismissed for failure of the appellant to pay the appellate docket fee ( Reyes vs RTC of Oriental Mindoro. Criminal and Electorate Aspects of An Election Offense An election offense has criminal as well as electoral aspects ( Sunga vs COMELEC 288 SCRA 76) 1. 285 SCRA 256) Appointment of New Employees The prohibition against appointment of a government employee within 45 days before regular election refers to positions covered by the civil service and does not apply to the replacement of a councilor who died ( Ong vd Martinez. leaders or sympathizers of a candidate to promote his election shall create a presumption of conspiracy to bribe voters. Place Unauthorized Entry into Polling 2. because by special provision of Sec 268 of BP 881 they fall within the jurisdiction of the Regional Trial Court ( COMELEC vs Noynay 292 SCRA 354) Under Sec 268 of BP 881. B. Scope of Authority Errors committed by the trial court may be considered even if they were not assigned as errors ( Arao vs COMELEC 210 SCRA 290) XIII. city or province was offered money by the relatives. Offenses 1. Rule 22 COMELEC Rules of Procedure. CRIMINAL OFFENSES A. Form Where the appellant filed an appeal brief instead of a notice of appeal to the COMELEC . since the determination of the will of the people should not be thwarted of technicalities ( Pahilan vs Tabalba. 2. Its criminal aspect involves the ascertainment of the guilt or innocence of the accused candidate like in any other criminal case. Barangay Officials 1) COMELEC within 5 days ( Sec 2(2) .ZPG & Associates Procedure. but except those relating to the offense of failure to vote ( Juan vs People 322 SCRA 125) C.Art IX-C. Sec 3. 37 i. RA 6646) d. calucag vs COMELEC 274 SCRA 405) 2) Supreme Court within 30 days ( Flores vs COMELEC 184 SCRA 484) b.. Its electoral aspect is a determination of whether the offender should be qualified from office. 245 SCRA 702) d. The traditional gift-giving by the municipality during Christmas which was done to induce voters for the mayor does not constitute vote-buying ( Lozano vs Martinez. 247 SCRA 328) Two elements of the offense prescribed under Sec 261 (h) of BP 881. the transfer of government employees before the publication of the implementing regulations is not an election offense. Lindo vs COMELEC. it usually entails a full-blown hearing and the quantum of proof required to secure a conviction beyond reasonable doubt . 244 SCRA 41) ii. An appeal may be dismissed if the full appellate docket fee was not paid . the appeal should not be dismissed. as payment of the full amount is indispensable for perfection of the appeal ( Rodillas vs COMELEC. as . ( People vs Reyes. Transfers of Government Employees Since the Omnibus Election Code does not per se prohibit the transfer of government employees during the election period but only penalizes such transfers made without the prior approval of the COMELEC in accordance with the implementing regulations. 188 SCRA 830) 3. c. Failure to Pay Appellate Docket Fee The expanded jurisdiction of the Municipal Trail Court ( RA 7691) does not include criminal cases involving election offenses. The fact that at least 20% of the precincts of the municipality. 194 SCRA 25) 2) Supreme Courtwithin 30 days ( Rivera vs COMELEC 199 SCRA 178) v. Vote-buying a. Any person who is guilty and willingly testifies shall be exempt from prosecution ( Sec 28. b. This is done through administrative proceeding which is summary in character and requires only a clear preponderance of evidence. 158 SCRA 716) 4. regional trial courts have exclusive jurisdiction to try and decide any criminal action or proceeding for violation of the Code including those penalized by imprisonment not exceeding 6 years. 230 SCRA 205) c. The fact that at least one voter in at least 20% of the precincts in a municipality . city or province to which the office aspired for by the candidate is affected by the offer creates the presumption that the candidate and his campaign managers are involved in the conspiracy. Jurisdiction to try the case Mere presence of unauthorized person inside a polling place is an offense ( COMELEC vs Romillo. Phil Const.
including acts or omissions constituting election frauds. are penalized i. (Kilosbayan Inc vs. and second. Whatever initiated motu propio or filed with the COMELEC by any other party. (Pp. Carrying Deadly Weapon in Precinct Department… Under Section 5 of Rule 34 of the COMELEC Rules of Procedure.e. in his personal capacity may file directly with the COMELEC Law Department pursuant to Section 4.280 SCRA 8920 The court in which a criminal case was filed may order the COMELEC to order a reinvestigation. Vs. (COMELEC vs. The COMELEC Chairman. and malpractices. since the power to prosecute election offenses is vested in the COMELEC. the preliminary investigation may be delegated to any of those officials specified in the rule upon the direction of the COMELEC Chairman(Laurel vs. Vs. petitions in court for inclusion or exclusion of voters. Rule 34 of the COMELEC Rules of Procedure.ZPG & Associates amended are: (1) a public officer or employee is transferred or detailed within the election period as fixed by the COMELEC . No requirement in section 5 that only the COMELEC en banc may refer a complaint to the Law Department for investigation nor is there a rule against the COMELEC Chairman directing the conduct of a preliminary investigation. Refusing to credit candidate with vote Under section 27(b) of RA 6646. the tampering. Presiding Judge. investigate and. RTC Manila Br 10.” The COMELEC has exclusive jurisdiction to conduct preliminary investigation of and prosecute election offenses (Naldaza vs. and (2) the transfer or detail was effected without prior approval of the COMELEC in accordance with its implementing rules and regulations ( Regalado vs CA 325 SCRA 516) 5.254 SCRA 286) 2. the complainant cannot ask it to gather evidence in support of the complaint.187 SCRA 788) The 38 To support a conviction carrying a deadly weapon inside a precinct. (Pp.Art IX-C “File. Prosecution COMELEC can deputize prosecutors to investigate and prosecute offenses even after election. upon a verified complaint. the refusal. 149 SCRA 2281) 3. COMELEC. Section 2(6). Failure to make Proclamation Proclaiming a losing candidate instead of the winner also constitutes failure to make a proclamation ( Agujetas vs CA 261 SCRA 17) 7. Ssilva. even if he himself were the complainant in his private capacity… Where the complaint was directly filed with the Law Department under Section 4 of Rule 32 of the COMELEC RULES of Procedure obviously there is no need to refer such complaint to the same Law . prosecute cases of violations of election laws. 323 SCRA 778) 4. A provincial election supervisor authorized to conduct a preliminary investigation may file a case without need of approval of the provincial prosecutor.. COMELEC. where appropriate. Inting. increasing or decreasing of votes received by a candidate in any election.286 SCRA 177) 1. (Pp. first.(Corpuz vs. or on its own initiative.179 SCRA 87) Since it is a preliminary investigation. offenses. two act not one. it is necessary that the deadly weapon be seized from the accused while he was in precinct ( Mappala vs Munoz 240 SCRA 600) 6.289 SCRA 586) D. Lavilles. This holds true even if the offense is committed by a public officer in relation to his office. Delgado. Basilla. the complaint shall be referred to the COMELEC Law Department for investigation.(Pimentel vs. it is the COMELEC who will determine the existence of probable cause. 189 SCRA 715) A prosecutor who was deputized by the COMELEC cannot oppose the appeal filed by the COMELEC from the dismissal of a case. Vs. after proper verification and hearing to credit the correct votes or deduct such tampered votes. Tanodbayan.
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