Election Laws Reviewer Definition: 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 be removed except by impeachment. 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)

notwithstanding that the same is a pre-proclamation comtroversy. Section 5. 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.339 SCRA 685) The COMELEC en banc. however. 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. COMELEC. COMELEC. 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. COMELEC. Furthermore. Two members shall constitute a quorum for the transaction of the official business of the Division. (Torres vs. 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 . A case or matter is deemed submitted for decision or resolution upon the filing of the last pleading. any decision. in which case the vote of the majority shall be the decision of the Commisssion. as when there is a dissenting opinion.270 SCRA 583. 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. Ramirez vs. order.(Faelnar vs. COMELEC. brief. or memorandum required by the rules of the Commission or by the Commission itself. 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. COMELEC.270 SCRA 590) The COMELEC en banc determines the existence of probable cause. Unless otherwise provided by the Commission or by law. (Cua vs. If this required number is not obtained.Section 7 of the Constitution. Rule 27 of the 1993 Rules of the COMELEC expressly provides that pre-proclamation controversies involving correction of manifest errors in the tabulation of results may be filed directly with the COMELELEC cen banc.” 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.• Petition for certiorari involving incidental issues of election protest.331 SCRA 429) DECISIONS ART IX-A.(Soller vs. the case may be appealed to the Commission en banc. The court holds that 2-1 decision rendered by the First Division was a valid decision under ART IX-A .

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. 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.218 SCRA 253) • Decide election contests involving regional.is settled whether or not the contestant is claiming the office in dispute.315 SCRA 62) The election of SK are goverened by the Omnibus Election Code.inter alia.increase or modify substantive rights. (Paangarungan vs. COMELEC.much more could he be the ponente of the resolution or decision. contest involving elective barangay officials decided by trial courts of limited jurisdiction.(Beso vs. It is neither a civilk action nor crimianal proceeding. The Rules of Court applies suppletorily to proceedings before the COMELEC. Tabamo.144 SCRA 194) The COMELEC has exclusive appellate jurisdiction over. (Gallardo vs. COOMELEC. and MeTCs. 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. (Ambil vs. (Carlos . COMELEC.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.MTCCs. COMELEC. 313 SCRA 103) The COMELEC has appellate jurisdiction over election protest cases involving elective municipal officials decided by courts of general jurisdiction.216 SCRA 522) CONSTITUTIONAL POWERS AND FUNCTIONS • Enforce and administer laws relative to conduct of elections The regular courts have no jurisdiction to entertain a petition to enjoin the construction of public works projects within 45 days before an election. It is the proclamation which marks off the jurisdiction of the courts from the jurisdiction of election officials. COMELEC. which must first be filed wiyhin 5 days after the promulgation of the MTCs decision(Antonio vs. however.(Javier vs. COMELEC.184 SCRA 484) The COMELEC is the proper appellate court clothed with jurisdiction to hear the appeal. abolla.it is a summary proceeding of a political character. (Flores vs. Its purpose is to ascertain the candidate lawfully elected to office.decision. Such rules. (Marquez vs. shall not diminish.

for public information campaigns and forums among candidates in connection with the objective of holding free. and other allied questions. peaceful. all grants special privileges. COMELEC. 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. 84 Phil 49) Election contests involving elections of SK officials do not fall within section 252 of the OEC and paragraph 2. Angeles. COMELEC. . the right of a person to be registered as voter.237 SCRA 353) • Regulation of public entities and mediaSection 4. media of communication or information. or concessions granted by the Government or any subdivision.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. agency or instrumentality thereof.( Naciionalista Party vs.vs. 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. SK elections are under the direct control and supervision of the DILG.section ART. Ferrer.346 SCRA 671) • Decide all questions affecting elections The COMELEC has no jurisdiction over questions involving the right to vote which includes qualifications and disqualifications of voters. Since the COMELEC can recommend that disciplinary action be taken against an officer it had deputized. may be questioned in an ordinary civil action before the trial courts. Such questions shall be decided by the courts. and credible elections. including any government-owned or controlled corporation or its subsidiary. 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. the right to cast his vote. (Ahman vs. Mirasol.276 SCRA 501) Decisions/determinations made by the COMELEC in the exercise of this power. IX-C “The Commission may. Such supervision or regulation shall aim to ensure equal opportunity. honest.(Filipinas Engineering vs.135 SCRA 25) • Deputize law enforcement agencies with the concurrence of the President • Register political parties and accredit its citizens arms • File petitions. and space and the right to reply. orderly. including reasonable equal rates therefor. being merely administrative(not quasi judicial) in character. time.

orderly. prohibiting the sale odr donation of print space or airtime for political advertisements. Note that GOCCs are among those that may be supervised and regulated by the COMELEC. (Social Weather Station vs. The COMELEC is merely authorized to adjust the number of congressmen . (Telecommunication and Broadcast Attorneys of the Philippines vs. May 5.289 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. GR No. 147571. COMELEC. peaceful and credible elections and only during the election period. COMELEC. The reason behind the principle of ballot secrecy is to avoid vote buying through voter identification (ABS-CBN Broadcasting Corporation vs. 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.242 SCRA 415) • Adjust the apportionment in a case of creation of new provinces or cities. immediately after they have officially cast their ballot.because it effectively prevents the use of exit poll data not only for election-day projections. The governmental interest sought to be promoted can be achieved by means other than the suppression of freedom of expression. and c. honest. COMELEC) The SC held that SEC 5.(ABSCBN Broadcasting corporation vs. The SC upheld the validity of Section 11(b).does not justify a total ban on them.323 SCRA 811) An absolute prohibition would be unreasonably restrictive.expression. Comelec.2001) • Make minor adjustments of the apportionment of legislative districts.and the press because: a. and the authority of the COMELEC to procure print space (upon payment of just compensation) and free airtime for allocation to candidates.The authority given to the COMELEC is to be exercised ofr the purpose of ensuring free. The COMELEC concern with the possible non communicative effect of exit polls-disorder and confusion in the voting centers. It is a direct and total suppression of the category of expression even though such suppression is only for a limited period. 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. (Montejo vs. RA 6646.but also for long term research. It imposes prior restraint on the freedom of expression. COMELEC.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. b.

Both the SC and the COMELEC have concurrent jurisdiction to issue writs of certiorari. (Carlos vs. STATUTORY POWERS 1. Promulgate rules and regulations implementing the Election Code 8. Prescribe forms to be used in the election 10. but this power may be exercised only while the COMELEC is engaged in the performance of quasijudicial functions and not administrative functions. • Submit report on how a previous elections was conducted. COMELEC. Power to declare failure of election and call for special election. 3. The court takes jurisdiction first shall exercise exclusive jurisdiction over the case. 104 PHIL 269 and Masangcay vs. Punish contempts provided for in the Rules of Courts. The COMELEC has the power to cite for contempt. Summons parties to a controversy pending before it 5. Issue writs of certiorari. materials or services needed for the holding of election 11. (Montejo. COMELEC. • Promulgate rules of procedure concerning pleadings and practice before it or any of its offices. prohibition. prohibition and mandamus in aid of its exclusive appellate jurisdiction. Exclusive original jurisdiction over all pre-proclamation controversies.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. and mandamus over decisions of trial courts of general jurisdiction in election cases involving elective municipal officials. Exercise direct and immediate supervision and control over officials required to perform duties relative to the conduct of election. 2.(Guevarra vs.supra) • Pardon violators of election laws. Procure any supplies. Prescribe the use or adoption of the latest technological and electronic devices . equjipment. Angeles. prohibition The COMELEC has the authority to issue extraordinary writs of certiorari. 346 SCRA 571) 4. 6 SCRA 270) 7. Enforce and execute its decisions and orders 6. 9.

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. 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. (Filipinas Engineering vs. Fix other reasonable periods for certain pre-election requirements.336 SCRA 458) What is contemplated by the term “final orders. . 1997 Rules of Civil Procedure. (Salva vs. beyond judicial interference. COMELEC.344 SCRA358) A special civil action for certiorari is the proper remedy to question any final order. (Aratuc vs. now expressly provided in Rule 64. rulings and decisions” of the COMELEC reviewable 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 exercise of its adjudicatory (or quasijudicial) powers. (Ambil vs. the court exercises extraordinary jurisdiction. as amended. 344 SCRA 358) The Supreme Court has no power to review via certiorari. 2987 which provides for the rules and regulations governing the conduct of plebiscite. COMELEC. (Ambil vs. When the Supreme Court reviews a decision of the COMELEC. 14. Makalintal. COMELEC. COMELEC. 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.(Salva . COMELEC. ruling and decision of the COMELEC rendered in the exercise of its adjudicatory or quasi-judicial powers. as a result of its choice among various proposals submitted in response to its invitation to bid.88 SCRA 251) The mode by which a decision.(Guerero vs. an interlocutory order or even a final resolution of a Division of the COMELEC. JUDICIAL REVIEW OF DECISIONS Any decision. 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. 211 SCRA 315) A resolution of the COMELEC awarding a contract for the supply of voting booths to a private party. Enlist non-partisan groups to assist. 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. Any question arising from said order may be taken in an ordinary civil action. Carry out continuing and systematic campaign to educate the public about elections 13.12. and any question pertaining to the validity of said resolution may be well taken in an ordinary civil action before the trial courts.(Chavez vs. 340 SRA 506) COMELEC Resolution No.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.

educational activities.(2) an intention to remain there. shall not deemed to have lost his original residence. and (3) an intention to abandon the old domicile. work in the military or naval reservations within the Philippines. Residence.it may be by birth or naturalization.226 SCRA 406) Disqualifications 1. 358) VOTERS: QUALIFICATION AND REGISTRATION Qualification for Suffrage Filipino citizenship. profession. employment in public or private service. and at least 6 months where he proposes to vote immediately preceding the election. COMEL. RTC.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.at least 1 year in the Philippines. RA 8189) In election cases. (Ambil vs. PNP or confinement or detention in government institutions. No literacy. 244 SCRA 358) A decision. 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. on the day of election shall possess such qualification. may register as voter. (Romualdez vs. on the days of registration may not have been reached the required period of residence but who. The residence at the place chosen for the new domicile must be actual. 2. Age. Any person adjudged by the final judgment of having committed (a) any crime involving disloyalty to the government or . property or other substantive requirement shall be imposed on the exercise of suffrage. Any person who. Any person sentenced by the final judgment to suffer imprisonment for not less than one year. Any person who temporarily resides in another city municipality or country solely by reason of occupation.COMELEC. service in the AFP. the Supreme Court treats domicile and residence and residence as synonymous terms. In order to acquire a new domicile by choice. 9. (Sec. there must concur (1) residence or bodily presence in the new locality.

3. (Sec. Petitioners . 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. Sec. statute books and other repositories of law.(b) any crime against national security (c) firearms laws.” (AKBAYAN – Youth et al.. however. 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. Jurisdiction i. COMELEC GR No.] 2. VIII. No registration shall. Supreme Court – appellate jurisdiction over RTC on question of law (15 days) [Sec. as the enjoyment of all other rights subject to existing substantive and procedural requirement embodied in our Constitution. 2001) Inclusion and Exclution Cases 1.. 5(2)(e). although afforded a prime niche in the hierarchy of right embodied in the fundamental law. 33. 2. Rule 45 of the Rules of Court. Insane or incompetent persons as declared by competent authority.111.the law aids the vigilant and not those who slumber on their rights… “In a representative democracy the right of suffrage. 147066. Regional Trial Court – appellate jurisdiction (5 days) (Sec. PC. 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. Municipal or Metropolitan Trial Court – original and exclusive Jurisdiction\ ii. Art. RA 8189) iii. March 26. be conducted during the period starting 120 days before a regular election and 90 days before a special election. Removal of disqualification for conviction • Plenary pardon • Amnesty • Lapse of 5yaers after service of sentence (Sec. vs.

Challenged voters [Sec. ii Exclusion – 6. RA 8189) . Inclusion – Any day except 105 days before regular election or 75 days before a special election. IX – C. 35 RA 8189) 4. Election Registration Board 7. 39. Exclusion i. Petition for exclusion shall be sworn (Sec. COMELEC [Sec. RA 8189) iv. Election Officer (Sec. 32c.a. Inclusion Private person whose application was disapprove by the Election Registration Board or whose name was stricken out from the list of waters (Sec. RA 8189) Any voter. 35. • Posting in city hall or municipal hall and two other conspicuous places in the city or municipality at least 10 days before the hearing (Sec. PC] 3. Procedure a. RA 8189] 8. 24. RA 8189) b. Parties to be notified 5. RA 8189) Non-appearance is prima facie evidence the registered voter is fictitious (Sec. (Sec. 2(6). Inclusion – Election Registration Board i. (Sec. RA 8189) Decision cannot be rendered on stipulation of facts (Sec. Art. 2(6). Each petition shall refer only to only one precinct. 32 (f). Manner Notice stating the place day and hour of hearing shall be served through any of the following means: • Registered mail • Personal delivery • Leaving copy in possession of sufficient discretion in residence. 34. PC] b. Period for Filing a. candidate or political party affected may intervene. 32 (f). Any registered voter in city or municipality ii. (Sec. (Sec. RA 8189) c. 35 . IX-C. RA 8189) COMELEC [Sec. 32(b). Notice i. Exclusion – Any time except 100 days before a regular election or 65 days before special election. Representative of political party iii. Art. RA 8189) b. 32(b).

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. in the presence of the voter. (Sarangani vs. 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. (Sec. intimidation. 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. 2. Voting center refers to the building or place where the polling place is located.No motion for reconsideration is allowed. election officer or registered political party or motu propio. affix his signature at the back thereof. RA 8189) The annulment of the list of voters shall not constitute a ground for a preproclamation controversy. A polling place refers to the building or place where the board of election inspectors conduct proceedings and where the voters cast their votes. POLITICAL PARTIES AND PARTY – LIST SYSTEM . 334 SCRA 379) Election precinct is the basic unit of territory established by the COMELEC for the purpose of voting. the COMELEC may annul a list of votes which was not prepared in accordance with RA 8189 or whose preparation was affected with fraud. COMELEC. Signature of Chairman at back of every ballot In every case before delivering an official ballot to the voter. Book of voters refers to the compilation of all registration records in a precinct. (Ututalum vs. force or other similar irregularity or statistically improbable. 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. bribery. 33. No list of voters shall be annulled within 60 days before an election (See. 33. impersonation. Upon verified complaint of any voter. said order shall stand. COMELEC. forgery. the Chairman of the BEI shall. RA 8189) Annulment of List of Voters 1. IV.

qualify for accreditation. Religious sects Those which seeks to achieve their goals through unlawful means Those which refuse to adhere to the Constitution Those that are supported by any foreign government GROUNDS FOR CANCELLATION OF REGISTRATION 1. Art IX – C. 1. from national. sector. A political party may refer to a local regional or national party existing and duly registered and accredited by the COMELEC. 2. is a mechanism of proportional representation in the election of representatives to the House of Representatives. 3. It is a foreign party or organization 5. The following political parties cannot be registered. It advocates violence or unlawful means to seek its goal 4. 5 of RA 7941. PC) 2. [Sec 2(5) Art. and 8. The Party–list system was devised to replace the reserve seat system – the very essence of the party – list system is representation by election. political ideas or platforms of government and includes its branches or divisions.Political party or party when used in the OEC means an organized group of persons pursuing the same ideology. To acquire juridical personality.2(5). 342 SCRA 244) GUIDELINES FOR SCREENING PARTY LIST PARTICIPANTS 1. It has ceased to exist for at least one year . (Veterans Federation Party vs. organization must represent the marginalized and underrepresented groups identified in Sec. PC] The Party–List System. • 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. It declares untruthful statements in its petition 7. IX – C. A free and open party system shall be allowed to evolve according to the free choice of the people. Party System. Accepting financial contributions from foreign governments or their agencies (for partisan election purposes. 3. rules and regulations relating to elections 6.) (Sec. It is a religious sect or denomination. . and to be entitled to the rights of political parties. 4. regional and sectoral parties. organizations and coalitions thereof registered with the COMELEC. majority of its membership should belong to the marginalized and underrepresented. COMELEC. Fails to participate in the last two preceding elections. The political party. It violates or fails to comply with laws. 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. organization or association organized for religious purposes. a political party must be registered with the COMELEC.

“Thus. (Ang Bagong Bayani – OFW Labor Party. political parties may be registered under the party – list system. imam or pastors may be elected should they represent not heir religious sect but the indigenous community sector. even the major ones. fisherfolk. Art IX – C of the Constitution. Political parties. a registered voter. GR No. the government. d. et al. they must show that they represent the interest of the marginalized and underrepresented. 9. under Secs. 5. except for purposes of May 11. . namely. 2001) 2. as laid down in the Constitution and RA 7941 . 1998 elections. merely on the ground that they are political parties. or a project organized or an entity funded or assisted by. including its nominees must comply with the qualification requirements of Sec. provide respondents cannot be disqualified from the party list elections. Furthermore. 6.(Ang Bagong Bayani – OFW Labor Party. 5 Art. The party organized must not be adjunct of. VI of the Constitution provides that members of the House of Representatives may be elected through a party – list system of registered national. . 147589. 6. a resident of the Philippines for a period not of no less than one year immediately preceding the day of the election. The party. regional and sectoral parties or organizations. COMELEC. c. June 26. 4. et al vs. urban poor. a bonafide member of the party or organization which he seeks to represent for at least 90 days preceding the day of the election. The party – list organization or party must factually and truly represent the marginalized and underrepresented constituencies mentioned in Sec. may participate in the party – list elections. 2001) 3. elderly. The requisite character of these organizations must be consistent with the purpose of the party – list system. indigenous cultural communities. Under the Constitution and RA 7941. et al vs. RA 7941. e. COMELEC et al GR No. labor peasant. 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. 5 . natural – born – citizen of the Philippines b. While even major political parties are expressly allowed by RA 7941 and the Constitution. RA 7941 as follows: No person shall be nominated as party list representative unless he is: a. handicapped. 147589. overseas workers and professionals.Proportional representation refers to the representation of the marginalized and underrepresented as exemplified by the enumeration in Sec/ 5 of the law. women youth. That religious sector may not be represented in the party – list system. June 26. A party or an organization must not be disqualified under Sec. Sec. veterans. 7 and 8. and . except that priest. able to read and write.

• Under the Niemeyer formula.f. President and Vice President 2. . National – Arts. . the nominee must likewise be able to contribute to the formation and enactment of appropriate legislation that will benefit the nation as a whole. (Ang Bagong Bayani –OFW Labor Party. .147589. . will necessarily result in a corresponding increase in the number of party – list seats .. PC 1. so also must its nominees. finds no application in the Philippine setting because of our three seat limit and the non – mandatory character of the twenty percent allocation. The Niemeyer formula. a formulation which means that any increase in the number of district representatives. GR No. at least be 25 but not more than 30 years of age on the day of the election. • Sections 5 (2). While lacking a well – defined political constituency. CANDIDATES AND CERTIFICATES OF CANDIDACY QUALIFICATIONS OF CANDIDATES A. et al vs. Not only the candidate party or organization must represent marginalized and underrepresented sectors. . VI of the Constitution is not mandatory. 2001) V. and (4) proportional representation. Senators 3. VI and VII. In case of a nominee of the youth sector. Congressmen – District and Party–List Representatives . (3) the three seat limit. COMELEC. (2) the two percent threshold. At least 25 years of age on the day of the election. it merely provides a ceiling for party – list seats in Congress . 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 Constitution makes the number of district representatives the determinant in arriving at the number of seats allocated for party list lawmakers. Art. 7. Obtaining absolute proportional representation is restricted by the three-seat-per-party limit to a maximum of two additional slots . 8. while no doubt suitable for Germany. The parameters of the Filipino Party – List System are: (1) the twenty percent allocation. et al. 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. June 26. an as may be provided by law.

Domicile of origin is lost only when there is actual removal or change of domicile. he indicated that he was a resident of San Jose Concepcion. 3. her acts following her return to the country clearly indicate that she chose Tacloban. 2. Tarlac as birthplace. Tarlac. In his certificate of candidacy. Tarlac for 52 years. his domicile of origin was Conception.B. physical and personal presence in the district that a candidate seeks to represent • The original concept of domicile. 248 SCRA 400. his title to the office may be seasonably challenged. as her domicile of choice. consistent with Webster. a bonafide intention of abandoning the former residence and establishing a new one. Once any of the required qualifications is lost. Local Government Code Qualifications prescribed by law are continuing requirements and must be possessed for the duration of the officer’s active tenure. COMELEC.39. to mean actual. 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. it was designed to resolve the conflict of laws between or among state where a decedent may have lived for various reasons. these domicile of origin should continue. the Supreme Court held that Agapito Aquino failed to prove that he had established not just residence but domicile of choice in Makati. she kept her domicile or origin and merely gained a new home. COMELEC. 4. 176 SCRA 1) Residence In Marcos vs. when IRM married Marcos in 1954. (Frivaldo vs. COMELEC. • When the Constitution speaks of residence the word should be understood. Local – Sec. COMELEC. for the purpose of determining which law was applicable as . A minor follows the domicile of his parents. he was a registered voter of the same district. and acts which correspond with the purpose. and his bare assertion of transfer of domicile from tarlac to Makati is hardly supported by the facts of the case. her domicile of origin. his birth of certificate places Conception. not a domicilium necessarium. 174 SCRA 245 and Labor vs. • In Aquino vs. in the absence of clear and positive proof of the concurrence of all these. Tacloban became IRMs domicile of origin by operation of law when her father brought the family to Leyte. Thus. 248 SCRA 300. which arose from American jurisprudence was not intended to govern political rights. 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. 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.

his domicile. is that to which the Constitution refers when it speaks of residence for the purposes of election law . or after separation from the Armed Forces of the United States. (Domino vs. et al. (Perez vs.. especially when the city is located at the very heart of the province itself . 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. politics. 2001) Repatriation results in the recovery of the original nationality. or accepting commission in. . . 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 . commerce and other businesses from the entire province. COMELEC 310 SCRA 546) The place where the party actually or constructively has his permanent home. . COMELEC. . practical and common sense national for the residence requirement. more important. . COMELEC 337 SCRA 574) Philippine citizenship The lost citizenship may be reacquired under Sec. (Bengson III vs. 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. does not completely isolate its residents. The classification of an area as a highly urbanized or independent component city. 1 of RA 2630. May 7. where he. academic and technical approach to the resident requirement does not satisfy this simple. no matter where he may found at any given time. HRET. This means that a naturalized Filipino who lost his citizenship will be restored to his prior .e. . 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 vice versa. GR No. which provides that any person who had lost his Philippine citizenship by rendering service to. with the constituents themselves.regards his estate . 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 . the Armed Forces of the United States. 142840. (Torayna vs. . . i. . for that matter. The said oath of allegiance shall contain a renunciation of any other citizenship. eventually intends to return and remain. and a very legalistic.

Conviction. A permanent resident to or immigrant to foreign country Unless he waives such status (Sec. (Mercado vs. Any person sentenced by final judgment for any of the Following offenses: 1. (Bengson. Those with dual citizenship--The phrase “dual citizenship” in RA 7160. BP 881) Grounds under the Local Government Code – Sec. An elective local official who was removed from office prior to January 1. 20 must be understood as referring to “dual allegiance. 40 A.” Consequently. Sec. Removal. Insurrection or rebellion 2. Manzano. BP 881) D. 274 SCRA 481) C. 68. or Lapse of 5 years after service of sentence (Sec. COMELEC. 40 (d) and RA 7854. 12. Sec. upon the filing of their certificates of candidacy. 12. On the other hand. 307 SCRA 630) . it should suffice if. amnesty. D. 1992 is not disqualified from running for elective local office (Grego vs. Insanity or incompetence – declaration of removal by competent authority E. BP 881) C.status as a naturalized Filipino citizen. he will be restored to his former status as a natural –born Filipino. Those convicted by final judgment for violating his oath of allegiance to the Republic. Offense for which he was sentenced to penalty of More than 18 months 3. Any person declared by competent authority insane or Incompetent B. if he was originally a natural-born citizen before he lost his Philippine citizenship. unless granted plenary pardon. Those sentenced by final judgment for an offense involving moral turpitude or an offense punishable by imprisonment for at least one year. Those removed from office as a result of an administrative case. For candidates with dual citizenship. supra) Disqualifications Grounds Under the Omnibus Election Code A. 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. Crime involving morale turpitude (Sec. persons with mere dual citizenship do not fall under this disqualification. within two years after service of sentence. B.

directly or indirectly coerces. Under the Revised Administrative Code – Municipal Office • Ecclesiastics (Pamil vs. Teleron. . (Marquez vs. F. harasses. bribes.E. (Caasi vs. Permanent residents in foreign country or those who have the right to reside abroad and continue to avail of it. 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. 243 SCRA 538) G. COMELEC. injury. 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 . intimidates or actually causes. . (Lonzanida vs. 133495. he must also have been elected to the same position for the same number of times before the disqualification can apply: (Borja vs. 56 SCRA 413) • Persons receiving compensation from provincial or municipal funds • Contractors for public works of the municipality 2. threatens. inflicts or produces any violence. Under the Lone candidate Law – RA 8295 Any elective official who has resigned from his office by accepting an appointive office to become vacant due to his resignation. 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. and Any person who. it is not enough that an individual has served three consecutive in an elective local office. GR No. . The term includes not only those who flee after conviction to avoid punishment. but likewise who. . Fugitives from justice in criminal or non – political cases. COMELEC. September 3. 1998) Conditions for the application of the disqualification: (1) the official concerned has been elected for three consecutive terms in the same local government post and (2) that he has fully served three consecutive terms . 191 SCRA 229) H. flee to avoid prosecution. CA. Voluntary renunciation of a term of office does not cancel the renounced term in the computation of the three term limit. COMELEC. 311 SACRA 602) 1. The insane or feeble – minded. Consequently. after being changed.

RA 7166) A certificate filed beyond the deadline is not valid. Board of Canvassers. his honor or property that is meant to eliminate all other potential candidates. the name registered with the civil registrar or any other name allowed by law. GR No. 48 Phil 211) Name A candidate shall use his baptismal name or full name. torture. (Go vs. (Sec 73. damage. 73. He may include one nickname or stage name by which he is generally known. 2001) Forms Oath The certificate must be sworn. (Sec. (Sec.punishment. May 10. COMELEC. such as held of oath (Guzman vs. (Gador vs. COMELEC. 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. BP 881) Before the deadline for filing certificates he may withdraw all expect one. 7. 95 SCRA 431) Prohibition against multiple candidacies A person who files a certificate of candidacy for more than one office should be eligible for any of them. 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. 71. 147741. loss or disadvantages to any person or persons aspiring to become a candidate or that of the immediate member of his family. When two or more candidates for the same office have the same name or surname. BP 881) Place and Period of Filling . except the incumbent (See. each shall state his paternal and maternal surnames. BP 881) The election of a candidate cannot be annulled because of formal defects in his certificate.

City and Municipal offices – City or Municipal Election Registrar concerned. the candidates among whom they are to make the choice. The evident purpose of the law in requiring the filing of certificate of candidacy and in fixing the time limit therefore are. city or municipal officials shall be filed in 5 copies not later than 45 days before the election.For President. BP 881) Effect Filing An appointive public official is considered resigned upon filing of his certificate. (Sec. (1) to enable the voters to know.This includes an employs of a GOCC organized under the Corporation Code (Without original charter). SCRA 671). Abaya. (PNOC – EDC vs. there might be as many persons voted for as there are voters. The certificate of candidacy shall be filed by the candidate personally or his duly authorized representative. 5 copies. and (2) to avoid confusion and inconvenience in the tabulation of the votes to the duly registered candidates. (Miranda vs. 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. 78. since the law makes no distinction. at least sixty days before the regular election. Provincial. BP 881. The certificates of candidacy of Members of the House of Representatives. 222 SCRA 831) . as mark to identify the votes in favor of a candidate for another office in the same election. (Sec. not later than 90 days before date of election. NLRC. 66. and votes might be cast even for unknown or fictitious persons. telegram or facsimile. Rono. Vice President and Senators: main office of the COMELEC in Manila. the rule is that the COMELEC shall have only the ministerial duty to receive and acknowledge receipt of the certificates of candidacy. For Members of the House of Representatives: Provincial legislative districts – Provincial Election Supervisor of the Province concerned NCR legislative districts – Regional COMELEC Directors Legislative districts in cities outside NCR – City Election registrar concerned For provincial offices – Provincial Election Supervisor of the province concerned. No certificate of candidacy shall be filed or accepted by mail. 137.Sanciangco vs.

a candidate dies. and the said party had withdrawn the nomination which withdrawal was confirmed by the candidate under oath. before the deadline for filing certificates of candidacy. 140 SCRA 352) In case of valid substitutions after the official ballot have been printed. 73. (Vivero vs. City Board of Canvassers. (Villanueva vs. there was substantial compliance with Sec. 1992) Substitution of Candidacy – Sec. COMELEC. personally appeared in the COMELEC office. The votes in his favor should be counted. 1992) Even if the withdrawal was not under oath. 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. the votes cast for the substituted candidates shall be considered as many votes but shall not invalidate the whole ballot. 12. Rules and Regulations Implementing RA 9006) Withdrawal of Certificate of Candidacy Form – written declaration under oath. 1989) Since his certificate of candidacy for the office of board member was filed by his party. Sec. (See. the official ballots shall provide spaces where the voters may write the name of substitute candidates if they are voting for the latter. 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. June 2. RA 9006 If after the last day for filing certificates. the certificate of the substitute cannot be annulled after the election. Jan 12. Hence the bona fide certificate of the substitute candidate cannot be assailed. with the COMELEC. (sec. 3636. in effect. GR No. 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. 77 BP 881. Jan 12. For this purpose. a rejection of the party nomination on his behalf for the office of board member. There was no withdrawal of candidacy for the position of mayor where the candidate. 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 . 105365. COMELEC.Any elective official. Said certificate may be filled with any board of election inspectors in the political subdivision where he is an electorate of the country. His filing under oath within the statutory period of his individual certificate for candidacy for the separate office of mayor was. 12. (Ramirez vs. 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. L-81150. 26. COMELEC. he may be substituted by a person belonging to his party not later than the mid – day of election. (Domingo vs. COMELEC Resolution No. withdraws or is disqualified. L – 81059.

concerned for a certain period of time before he can be nominated as such. subparagraph 6.. receiving or making any prohibited contribution Violations of Secs.. 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. 86 and 261. the votes cast for the substituted candidates shall be considered as stray votes but shall not invalidate the whole ballot. paragraphs d. 85. Nuisance candidate – Sec. e. for how can a person take the place of somebody who does not exist or who never was. 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. (Jurilla vs. Abaya. . 232 SCRA 758) . k. amending Sec. While Sec. 80. 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. 12 of RA 8436) DISQUALIFICATION OF CANDIDATES 1. if the disqualified candidate did not have a valid and seasonably filed certificate of candidacy. v and cc. COMELEC. . he cannot be substituted under Sec. since his certificate was not filed to make mockery of the election or to confuse the voters. . Grounds Violation of Omnibus Election Code – Sec. The concept of a substitute presupposes the existence of the person to be substituted. . (Sinaca vs. Sec. he is and was not a candidate at all. . 77 of the Election Code . 77 of the Code . RA 9006. 83. 311 SCRA 617) In case of valid substitutions after the official ballots have been printed. Mula. 12. A disqualified candidate may only be substituted if he had a valid certificate of candidacy in the first place because. 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. If a person was not a candidate.

a petition for disqualification should be deemed filed upon the filing of the original petition. 78 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. COMELEC. supra) The decision shall be final and executory after 5 days from receipt unless stayed by the Supreme Court [Secs. 5a and 7. COMELEC. 248 SCRA 400) 2. 180 SCRA 509) The COMELEC may motu propio refuse to give due course or cancel a certificate of candidacy. Procedure for disqualification of candidates 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. COMELEC. (Nolasco. (Nolasco vs. and the votes cast for him shall not be counted. 228 SCRA 76) A petition filed after the election is filed out of time. 271 SCRA 764) Where a qualified candidate was replaced on the day before the election.COMELEC. . any voter may file a petition to disqualify a candidate on grounds provided by law. Larrazabal. 275 SCRA 762) The COMELEC can decide a disqualification case directly without referring it to its legal officers for investigation. (Abella vs. COMELEC. 5(e) and 7. Sales. 216 SCRA 769) Since the filing by facsimile transmission is not sanctioned and a facsimile copy is not an original pleading. 337 SCRA 574) The fact that no docket fee was initially paid is not fatal. (Torayno vs. (Secs. (Sec. (Sunga vs. BP 881) The proceeding shall be summary.COMELEC. Aquino vs. as it was impossible to file the petition earlier. (Garvida vs. 69. 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. – Sec. The Procedural defect as cured by the subsequent payment of the docket fee. RA 6646) Under the election laws and the COMELEC Rules of Procedure. 248 SCRA 300. (Loong vs. a petition to disqualify the replacement filed on election day should be entertained.Falsity of material representation in certificate of candidacy.

320 SCRA 817) The COMELEC can legally suspend the proclamation of the winning candidate although he received the winning number of votes. from serving. and the criminal. COMELEC. which required only a preponderance of evidence to prove disqualification. There is no provision in RA 6646 that treats of a situation where the complaint for disqualification is filed after the election. . . 2050 provides that where a complaint is filed after the election but before proclamation. 6. 6 of RA 6616 authorizes the continuation of proceedings for disqualification even after the elections if the respondent has not been proclaimed. The use of the word “may”. the proclamation of a candidate is valid. or to prosecute him for violation of election laws. the administrative. 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 . indicates that the suspension of the proclamation is merely directory and permissive in nature and operates to confer discretion. (Perez vs. if elected.(Labo vs. 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. during the tendency thereof. as in this case. the complaint must be dismissed as a disqualification case but shall be referred to the Law Department for preliminary investigation. 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. 288 SCRA 76 and Lonzanida vs. (Sec. (Bagatsing vs. inquiry or protest. upon motion of the complainant or any intervenor. No. COMELEC. What is made mandatory is the continuation of the trial and hearing of the action. if . COMELEC. RA 6646) The purpose of a disqualification proceeding is to prevent the candidate from running or. . inquiry or protest and. . The COMELEC should not dismiss the case simply because the respondent has been proclaimed. Since the suspension of the proclamation is merely permissive. (Sunga vs. COMELEC. 311 SCRA 617) Sec. may.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. Second paragraph of paragraph 2 of Res. COMELEC. 317 SCRA 641) A disqualification case may have two aspects. . which necessitates proof beyond reasonable doubt to convict. 211 SCRA 297). order the suspension of the proclamation of such candidate whenever the evidence of guilt is strong.

VI. (Bautista vs. Section 3 thereof also provides that the lone candidate so proclaimed shall assume office not earlier than the scheduled election day. 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.the COMELEC did not suspend his proclamation. directly or indirectly. b. COMELEC. A. CAMPAIGN. Members of the Civil Service to engage. (Mercado vs. BP 881) a. 274 SCRA 481) Under the same provision. (Sec. If done for the purpose of enhancing the chances of aspirants for nomination for candidacy to a public office by a political party. ELECTION PROPAGANDA. they should be counted in favor of the petitioner. 79. intervention may be allowed in proceedings for disqualification even after election if there has yet no final judgment rendered. city or municipal officials – not earlier than 75 days before election day . 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. enacted June 6. provincial. Mazano. 298. 1997. 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 Vice-President. in the absence of any lawful ground to deny due course or cancel the certificate of candidacy in order to prevent such proclamation. SCRA 480) THE LONE CANDIDATE LAW The Lone Candidate Law is RA 8295. when there is only one (1) qualified candidate for such position. 307 SCRA 630) Where the votes cast for a nuisance candidate whose disqualification had not yet become final on election day were tallied separately. it shall not be considered as election campaign or partisan political activity. President. etc. Congressmen. c. in any electioneering or partisan political campaign. Nomination of candidates 1. Vice-President and Senators – not earlier than 165 before election date 2. COMELEC. It shall be unlawful for any person or any party to engage in election campaign or partisan political activity except during the campaign period. (Grego vs.

stickers and written or printed materials not more than 8 ½ inches by 14 inches 3. Cloth. 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.B. decals. Lawful propaganda 1. cards. leaflets. broadcast or outdoor advertisements donated to the candidate or political party shall be printed. Congressmen. not more than 2 feet by 3 feet 3 by 8 ft.e. Such written acceptance shall be attached to the advertising contract and shall be .” followed by the true and correct name and address of the candidate or party for whose benefit the election propaganda was printed or aired. 4. Requirement 1. broadcast or exhibited without the written acceptance by the said candidate or political party.. provincial. C. President. 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. Campaign period 1. Forms 2. may be displayed 5 days before the date of rally but shall be removed within 24 hours after said rally. Handwritten/printed letters 4. TV and radio) National Positions: 120 minutes for TV. 90 minutes for radio 7. and authorized by the COMELEC. city and municipal officials – 45 days before election day. Other forms of election propaganda not prohibited by the Omnibus Election Code and RA 9006. allowed in announcing at the site on the occasion of a public meeting or rally. If the broadcast is given free or charge by the radio or television station. published. Broadcast Media(i. magazine or other publication during the campaign period. paper or cardboard. Print. Vice-President and Senators – 90 days before election day 2. (Sec. 3. Pamphlets. 5. RA 9006) 6. 180 minutes for radio / Local Positions: 60 minutes for TV. posters measuring. Paid print advertisements: ¼ page in broadsheets and ½ pages in tabloids thrice a week per newspaper. 2.

and mass media practitioners may give their opinion regarding candidates. Public exhibition of a movie. 3. COMELEC. 207 SCRA 1) E. BP 881) 2. 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. Public or private financial institutions 2. (Sec. Prohibited Campaign 1. Public exhibition of a movie. 244 SCRA 272) 2. (Sec. (National Press Club vs. (Sec. Prohibiting the posting of decals and stickers except in the common posting area authorized by the COMELEC is not valid (Adiong vs. Mass media may report news relating to candidates. A denial is appealable to the provincial election supervisor or COMELEC. COMELEC.\ 2. 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 donations It is prohibited for any candidate. food. his spouse. (Sec. cinematograph or documentary portraying the life or biography of a candidate during campaign period. relative within second degree of consanguinity or affinity. It is unlawful to give or accept transportation. drinks or things of value within 5 hours before and after a public rally. 104. before election day and on election day. RA 9006) D. Public utilities and those who exploit natural resources . Sc ope 1. 87. Prohibited contributions No political contribution shall be made by the following: 1. 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.submitted to the COMELEC. BP 881) G. Rallies 1. 4. cinematograph or documentary portrayed by an actor or media personality who is himself a candidate. 89 BP 881) F.

2. Limitation on expenses – Sec. where an operator of a public utility disguised a contribution to a candidate for governor as loan. 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. RA 7166) J. the promissory note is void: (halili vs. reporter. Foreigners (Sec. Filing a. Corporations (sec. No franchise or permit to operate a radio or television shall be granted or issued. Corp. announcer. 000 by the government or any of its subdivisions or instrumentalities 6. 13. Bp 881) 9. 83 SCRA 633) 3. Candidates a. 95 . Party/organization and coalition participating in the party – list system – P5 per voter 2. commentator. (sec. The following guidelines may be amplified on by the COMELEC. every candidate and treasurer of political party shall file within 30 days after election day a statement of contributions and expenditures. Political party and coalition – P5 per voter in the constituency where it has candidates. RA 7166 1. No persons elected shall assume office until he and his political party has . b. 13. Employees in the Civil Service or members of the Armed Forces. Equal Access to Media Time and Space All registered parties and bonafide candidates shall have equal access to media time and space . suspended or cancelled during the election period.000 7. Code) H. 1. 4. Other candidates – P3 per voter in his constituency c Candidate without political party – P5 per voter d. if so required by their employers. Court of Appeals. exemptions or similar privileges by the government 5. I. Persons granted franchises. President and vice president – P10 per voter b. Statement of contributions and expenditures 1.Thus. Persons granted loans in excess of P25. Schools which received grants of public funds of at least P100. Any mass media columnist. or shall take a leave of absence from his work as such during the campaign. 36 (9). incentives. 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. Persons who hold contracts or sub-contracts to supply the government with goods and services. 8.

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. the election period shall commence 90 days before the day of the day of the election and shall end 30 days thereafter. Penalties a. 000 ii.filed the required statements 2. COMELEC. Administrative fine from P2. COMELEC. 000 b. Art. except barangay officials.000 to P30. Subsequent offense i. Senators and Members of the House of Representatives and local officials.[Sec. after the expiration of the full term of former officers. or certain subdivisions thereof. 14. Effect of withdrawal A candidate who withdraws his certificate of candidacy must still file a statement of contributions and expenditures. 245 SCRA 759) VII. Perpetual disqualification to hold public office (Sec. 2. (RA 7166) Under 6679. For provinces with two or more legislative district the elective members of Sangguniang Panlalawigan (Spn) shall be elected by legislative districts. ELECTION OF SANGGUNIANG MEMBERS 1. regular elections for barangay officials shall be held once every five years. PC] DATE OF ELECTION The regular election of the President. 9. (Pilar vs. First Offense – administrative fine from P 1. Vice-President. (Claudio vs. For provinces with only one legislative district – the COMELEC shall divide them into districts for purposes of electing the members of the SPn. ELECTION. IX – C. RA 7166) 3. 3. WATCHERS KINDS OF ELECTION 1.000 to P60. Recall election is an election by means of which voters decide whether they should retain their local official or elect his replacement. BOARD OF ELECTION INSPECTORS (BEI). for the law makes no distinction. In accordance with the constitutional policy to synchronize elections. 2. . 331 SCRA 388) ELECTION PERIOD Unless otherwise fixed by the COMELEC in special cases. shall be on the second Monday of May once every three years. the regular election for national and local officials is now held simultaneously. General election is one provided for by law for the election to offices throughout the State.

or even with the agreement of the candidates. subject to the remedy of review provided for in Art IX – A Section 7. 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 . Davao City or any other city with two or more legislative district – governed by Secs. 330 SCRA 736). since the voters were deprived of the opportunity to vote. 264 SCRA 125) FAILURE OF ELECTION 1. cannot validly postpone or suspend the election. (hassan vs. loss or destruction of election paraphernalia or records. 2 and 3 of RA 6686. 5. BP 881) An election officer alone. orderly and honest election should become impossible in any political subdivision. COMELEC. the COMELEC. (Basher vs. POSEPONEMENT OF ELECTION When for any serious cause such as violence. suspended or which resulted in the failure to elect. COMELEC. April 20. 141723. COMELEC. . such election results in a failure to elect. In fixing the date of special elections the COMELEC should see to it that: 1. . Cebu City. It is essential to the validity of the election that the voters have notice in some form.3. COMELEC. place and purpose thereof (Basher vs. (Sec. Sec. supra) A petition to postpone elections should be addressed to the COMELEC. For municipalities in Metro Manila – the COMELEC shall divide them into two districts by baranggay for purposes of electing members of the SB. (Soliva et al vs. It should be reasonably close to the date of the election not held. and after due notice and hearing.(Pangandaman vs. shall postpone the election therein. 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. GR No. and 2. either actual or constructive. fraud and other analogous cases. For cities in Metro Manila Area. violence.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.2001) 2. and (3) after the voting and during the preparation and transmission of the election returns or in the custody or canvass thereof. of the time. 4. (2) when the election in any polling place has been suspended before the hour fixed by law for the closure of the voting. terrorism. 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. force majeure. terrorism. and other analogous cases of such nature that the holding of a free. motu propio or upon a verified petition by any interested party. whereby all interested parties are afforded equal opportunity to be heard.

There is no reglementary period for filing a petition for annulment of an election if there has as yet been no proclamation. 257 SCRA 1) 10. terrorism.264 SCRA 125) 4. COMELEC.January 19. 282 SCRA 512) 8. and that there was a delay in the delivery of election returns are not grounds for the declaration of failure of election. or to arrive at any certain result whatsoever. COMELEC. (Canicosa vs. The COMELEC may decide a petition to declare a failure of election en banc at the first instance. COMELEC. violence. since voting took place.257 SCRA 1) . (Loong vss. 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. (Benito vs. presence of flying voters. theCOMELEC may conduct a technical examination of election documents and compare and analyze the signatures and fingerprints of the voters. The fact that less than 25% of the registered voters voted does not constitute failure of election.230 SCRA 54) 6.(Hassan vs. the ballot boxes were brought to the municipal hall without padlock and seals.260 SCRA 604) 7. 260 SCRA 604) In petitions to declare a failure of election on the ground of fraud. 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. (Mitmug vs. since it is not a pre-proclamation case or an election protest. (Borja vs. COMELEC. The fact that the names of some registered voters were omitted from the list of voters. COMELLEC. (Borja vs. (Balindong vs. 134913. fraud. the control data of some election returns were filled up.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.2001) 3. such as disenfranchisement of voters. COMELEC. COMELEC. 260 SCRA 494) 9. A special election should be held if the ballot box in the precinct was burned. strangers voted for some of the registered voters. 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. COMELEC. GR No.225 SCRA 374) 5. (Loong vs. Lack of notice of the date and time of the canvass. COMELEC. a candidate was credited with less votes than he received. and analogous causes. COMELEC. 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. or that the great body of voters have been prevented by viiolence.

Official watchers Every registered party or coalition of parties and every candidate is entitled to one watcher per precinct and canvassing counter. (Section 13. To stay inside the precinct b. (Section 180. RA 6646) WATCHERS Number 1. (Section 1. RA 8045) . 7166) 2. • Other civic organizations may be authorized to appoint one watcher in every precinct. Six principal watchers from 6 accredited major political parties shall be recognized. Candidates for the local legislature belonging to the same party are entitled collectively to one watcher.SPECIAL ELECTION TO FILL UP VACANCY 1. BP881) 2. teachers in private schools. A vacancy in the Senate will be filled up at the next regular election. the COMELEC shall hold a special election not earlier than 90 days after the occurrence of the vacancy. BP 881) Important rights of watchers 1. Other watchers • The accredited citizen’s arm is entitled to a watcher in every precinct. (Section 26. In case of permanent vacancy in Congress at least one year before the expiration of the term. (Section 4.RA 7166) BOARD OF ELECTION INSPECTORS (BEI) The Board of Election Inspectors shall be composed of a chairman and two members. All watchers a. or other citizens of known probity and competence may be appointed. Citizen’s Arm To be given a copy of the election return to be used for the conduct of an unofficial count. To inform themselves of the proceedings c. To file a protest against any irregularity d. If there are not enough public school teachers. 2. employees in the civil service. all of whom are public school teachers. To obtain a certificate of the number of votes cast for each candidate (Section 179.

283 SCRA 520) Under the rules prevailing during the 1997 Barangay Elections.1959) ABSENTEE VOTING 1. Members of the Board of Election Inspectors and their substitutes may vote in the precinct where they are assigned. It is unlawful to use carbon paper. (Section 200. BP 881) 2.(Libanan vs HRET. 9189 “AN ACT PROVIDING FOR A SYSTEM OF OVERSEAS ABSENTEE VOTING BY QUALIFIED CITIZENS OF THE PHILIPPINES ABROAD” Sec. (Section 12. Feb. RA 7166) RA NO. such disability not having been removed by plenary pardon or amnesty: Provided. (Section 196. COMELEC. V-president and Senators are allowed for members of the AFP. (Section 169. BP881) 4. 195. paraffin paper or other means for making a copy of the contents of the ballot or to use any means to identify the ballot. A ballot prepared under such circumstances should not be counted. 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. PNP. (Gutierrez vs. and other government employees assigned in connection with the performance of election duties to places where they are not registered. Absentee voting for President. the failure to authenticate the ballots shall no longer be cause for the invalidation thereof. including those who have committed and been found guilty of Disloyalty as define under Article 137 of the Revised Penal Code. 5.346 SCRA 699) 2. 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. The omission of such signature does not affect the validity of the ballot.(Sec. Disqualification. (Malabaguio vs.BP881). CASTING OF VOTES 1. That the Commission may take cognizance of final judgments issued by foreign courts or tribunals only on . 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 following shall be disqualified from voting under this Act: a) Those who have lost their Filipino citizenship in accordance with Philippine laws. Provided further. however. The chairman of the Board of Election Inspectors should sign each ballot at the back. Aquino.VIII. 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.26. b) Those who have expressly renounced their Philippine citizenship and who have pledge allegiance to a foreign country.BP881) 3.

6. otherwise known as “The Voters Registration Act of 1996”. Qualified citizens of the Philippines abroad who failed to register under Republic Act No. the Election Officer shall . 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. 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. Such affidavit shall also state that she/ he has no applied for citizenship in another country. 8189. In the case of seafarers. 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. upon registration. SEC. 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. the Commission shall provide for the period within which applications to register must be filed.1 Upon receipt of the application for registration. or with the representative of the Commission of the Philippine embassies. unless he/she execute. as verified by the Philippine embassies. 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. – Registration as an overseas absentee voter shall be done in person. consulates and other foreign service establishments that have jurisdiction over the locality where they temporarily reside. Subject to guidelines herein provided. taking into strict consideration the time zones and the various periods and processes herein provided for the proper implementation of this Act. 6 Personal Overseas Absentee Registration. 8189. The embassies. whenever applicable. For succeeding elections. d) An immigrant or a permanent resident who is recognized as such in the host country. unless such competent authority subsequently certifies that such person is no longer insane or incompetent. consulates or foreign service establishments concerned. the Commission shall provide a special mechanism for the time and manner of personal registration taking into consideration the nature of their work. the Commission is hereby authorized to prescribe procedures for overseas absentee registration pursuant to the provisions of Republic Act No. hearing and annotation in the permanent list of voters. e) Any citizen of the Philippines abroad previously declared insane or incompetent by competent authority in the Philippines or abroad.the basis or reciprocity and subject to the formalities and processes prescribed by the Rules of court on execution of judgments.

The applicant shall be notified of the approval or disapproval of his/her application by registered mail. .5 A Certificate of Registration as an overseas absentee voter shall be issued by the Commission to all applicants whose applications have been approved. 6. The Commission shall include the approved applications in the National Registry of Absentee Voters. 6. the ruling of the Election Registration Board shall be considered affirmed. with a corresponding annotation in the Certified Voter’s List. 6. if any. which shall decide on the application within one (1) week from the date of hearing without waiting for the quarterly meeting of the Board. the applicant or his authorized representative shall.3 In the event that an objection to the application is filed prior to or on the date of hearing. The Election Officer shall immediately furnish a copy of the application to the designated representatives of political parties and other accredited groups. 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.7 If the application has been approved. including those certified as registered voters. who have previously registered as voters pursuant to Republic Act No.4 The application shall be approved or disapproved based on the merits of the objection. clearly stating therein facts and defenses sworn before any officer in the host country authorized to administer oaths.immediately set the application for hearing. 6. 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. The petition shall be decided within five (5) days after its filing on the basis of documents submitted in connection therewith. and closing therein copies of affidavits or documents submitted in support of the objection filed with the said Election Officer. 8189 shall apply for certification as absentee voters and for inclusion in the National Registry of Overseas Absentee Voters. counter-affidavit and documents submitted by the party objecting and those of the applicant.6 If the application has been approved. the Election Officer shall immediately forward the application to the Election Registration Board.2 If no verified objection to the application is filed. Qualified citizens of the Philippines abroad. Should the court fail to render a decision within the prescribed period. 6. The applicant shall have the right to file his counter-affidavit by registered mail. 6. have the right to file a petition for inclusion with the proper municipal or metropolitan trial court. the Election Officer shall notify the applicant of said objection by registered mail. The petition shall be decided within fifteen (15) days after its filing on the basis of the documents submitted in connection therewith. within a period of five (5) days from receipt of the notice of this approval.

Sec. 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. b) accomplished registration from prescribed by the commission containing the mandatory information: • Last know residence of the applicant in the Philippines before leaving for abroad.Sec. Department of Labor and Employment. 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. Philippine Overseas Employment Administration. 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. • Address of applicant abroad. or forwarding address in the case of seafarers. Overseas Workers’ Welfare Administration. Towards this end. the Commission shall optimize the use of existing facilities.7 and Section 12 hereof. Pre-departure programs. or that the applicant is a holder of a valid passport but is unable to produce the same for a valid reason. – The Commission shall ensure that the benefits of the system of continuing registration are extended to qualified overseas absentee voters. services and mechanisms offered and administered by the Department of Foreign Affairs. Sec. data validation.8 Requirements for Registration. information dissemination and facilitation of the registration process. Such affidavit shall also state that he/she has not applied for citizenship in another country. In the absence of a valid passport. NO information other than those necessary to establish the identity and qualification of the applicant shall be required. The Commission may also require additional data to facilitate registration and recording. – Every Filipino registrant shall be required to furnish the following documents: a) A valid Philippine passport.1 Every qualified citizen to the Philippines abroad whose application for registration has been approved. including those previously registered under . in proper cases.11. the applicant’s mailing address outside the Philippines where the ballot for absentee voters will be sent. subject to limitations imposed by law. In the case of immigrants and permanent residents not otherwise disqualified to vote under this Act. System of Continuing Registration. • Where voting by mail is allowed. and • Name and address of applicant’s authorized representative in the Philippines for purposes of Section 6. 7. 11 Procedure for Application to Vote in Absentia. personnel and mechanisms of the various government agencies for purposes of data gathering.

a sworn written application to vote in a form prescribed by the Commission. Verification and Approval of Application to Vote. or by mail to the embassy.All applications shall be acted upon by the Commission upon receipt thereof. consulates and other Foreign Service establishments concerned. 11. The decision of the Commission shall be final and executory. consulate or other foreign service establishment authorized by the Commission. 12 . election forms and other paraphernalia.1 Upon receipt by7 the designated officer of the embassy. they shall 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. The application form shall be accomplished in triplicate and submitted together with the photocopy of his/her overseas absentee voter certificate of registration. in every national election. or by registered mail. casting and Submission of Ballot. without leaving the premises of the embassies. 8189. the overseas voter must fill-out his/her ballot personally. In the case of seafarers. Sec. 11. 16.3 The overseas absentee voter shall cast his ballot. 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. consulate or other foreign service establishment shall transmit to the Commission the said application to vote within five (5) days from receipt thereof. which has jurisdiction over the country where he/she has indicated his/her address for purposes of th elections.16. 16. voting instruction. In the event of disapproval of the application. within thirty (30) days before the day of elections. the voter or his authorized representative may file a Motion for Reconsideration with the Commission personally. upon presentation of the absentee voter identification card issued by the Commission. in secret. shall.2 Every application to vote in absentia may be done personally at. 16. Immediately upon receiving it.Republic Act No. The authorized officer of such embassy. within ten (10) days from receipt of the notice of disapproval. but in no case later than one hundred fifty (150) days before the day of elections.3 Consular and diplomatic services rendered in connection with the overseas absentee voting processes shall be made available at no cost to the overseas absentee voter. Sec. consulate or foreign service establishment. consulate and other foreign service establishments of the ballots for overseas absentee voters.2 The overseas absentee voter shall personally accomplish his/her ballot at the embassy. file with the officer of the embassy. The Commission shall act within five (5) days from receipt of such Motion for Reconsideration and shall immediately notify the voter of its decision.

8 Only ballots cast. 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.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. 16.5 The embassies.their ballots anytime within sixty (60) days before the day of elections. consulates and other foreign service establishments. in case of personal voting. in the case of voting by mail. consulates and other foreign service establishments concerned shall keep a complete record of the ballots for overseas absentee voters. and ballots returned to the embassies. 16. 16. and accredited citizens’ arms of the Commission shall be notified in writing thereof and shall have the right .10 During this phase of the election process. the authorized representatives of political parties. and mailed ballots received by the Philippine embassies. 16. including proof of receipt thereof. they shall cast their ballots anytime within sixty (60) days before the day of elections as prescribed in the Implementing Rules and Guidelines. 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. 16.7 Ballots not claimed by the overseas absentee voters at the embassies. and in cases where voting by mail is allowed under Section 17 hereof. the embassies. In the case of seafarers. 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. and shall be cancelled and shipped to the Commission by the least costly method within six (6) months from the day of elections. All envelopes containing the ballots received by the embassies. 16. consulates and other foreign service establishments concerned including their attached agencies. consulates and other foreign service establishments concerned. Shall be cancelled and shipped to the Commission by the least costly method within six (6) months from the day of elections. the names and addresses of the voters to whom these ballots were sent.4 All accomplished ballots received shall be placed unopened inside sealed containers and kept in a secure place designated by the Commission. 16.6 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. In addition. specifically indicating the number of ballots they actually received. and citizens of the Philippines abroad. who will be deputized to receive ballots and take custody of the same preparatory to their transmittal to the Special Boards of Election Inspectors. candidates. consulates and other foreign service establishments after the prescribed period shall not b opened.

internet. all necessary and practicable measures shall be adopted to allow representation of the candidates. subject to the approval of the Congressional Oversight Committee. Security Measures to Safeguard the Secrecy and Sanctity of Ballots. 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. accredited major political parties.) Where the mailing system is fairly well-developed and secure to prevent occasion for fraud. 16. – 17. 17.3 Only mailed ballots received by the Philippine embassy. 23. and intervene in appropriate cases.) Where there exists a technically established identification system that would preclude multiple or proxy voting. with a corresponding report thereon submitted to the Commission not later than thirty (30) days from the day of elections. Sec. or other secured networks in the casting of votes. accredited citizens’ arms and non-government organizations to assist. and shall be cancelled and disposed of appropriately. consulates and other foreign service establishments concerned are adequate and well-secured. voting by mail in any country shall be allowed only upon review and approval of the Joint Congressional Oversight Committee. 17.) Where the system of reception and custody of mailed ballots in the embassies. provided that the same is received before the close of voting on the day of elections. All envelopes containing the ballots received by the embassies. 17. Thereafter. consulates and other foreign service establishments after the prescribed period shall not be opened. 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. b.1 For the May 2004 elections. consular or foreign service establishment that has jurisdiction over the country where he/she temporarily resides. Voting by mail may be allowed in countries that satisfy the following conditions: a. and submit a report thereon to the Joint Congressional Oversight Committee. The Committees on Absentee Voting of the Commission shall be responsible for ensuring the secrecy and sanctity of the absentee voting process. Voting by Mail. In the interest of transparency.. Sec.2 The overseas absentee voter shall send his/her accomplished ballot to the corresponding embassy. in all stages of the electoral exercise and to .11 The Commission shall study the use of electronic mail.At all stages of the electoral process.to witness the proceedings. and c. the Commission shall authorize by voting mail in not more than three (3) countries. He/she shall be entitled to cast his/her ballot at any time upon his/her receipt thereof. the Commission shall ensure that the secrecy and integrity of the ballots are preserved.

including members of the attached agencies. for a particular candidate. or to accept payment either fro application to vote in absentia or for voting. or period of residence for the purposes of establishing his/her eligibility or ineligibility to register or vote under this act. directly or indirectly through qualified organizations/associations. mutilation and manipulation thereof. extension. distribution of information material. shall campaign for or assist. the election returns including the destruction. or offer to pa.5 For any deputized agent to refuse without justifiable ground. 24.prevent any and all forms of fraud and correction. Prohibited Acts. without securing the prior approval of the Commission. Sec. or not to vote. the mail containing the ballots for overseas absentee voters. in whatsoever manner. after being deputized by the Commission to undertake activities in connection with the implementation of this Act. For any person who is not citizen of the Philippines to participate by word or deed. or post the same in website without the prior approval of the Commission. 24. destroy. in any manner and at any stage of the Philippine political process abroad. candidates in the elections. or. to serve or continue serving.4 For any person to steal. 24. 3 For any person to tamper with the ballot.7 For any public employee to cause the transfer.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. 24. . 24. including participation in the campaign and elections. document or paper as required for purposes of this Act.1 For any officer or employee of the Philippine government to influence or attempt to influence any person covered by this act to vote. 24. 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. 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. Nothing in this Act shall be deemed to prohibit free discussion regarding politics or candidates for public office. to pay. – In addition to the prohibited acts provided by law. it shall be unlawful: 24. 24.6 For any public officer or employee who shall cause the preparations. printing. mutilate or alter any record. or to comply with his/her sworn duties after acceptance of his/her appointments. address. 24. promotion. recall of any member of the foreign service corps. conceal.8 For any person who.

If the offender is a public officer or a candidate. RA 7166) 3.3 hereof without the benefit of the operation of the Indeterminate Sentence Law. the prohibited acts described in this section are electoral offenses and punishable in the Philippines. the penalty shall be prision mayor in its minimum period. and with due regard to the Principle of Double Criminality. 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. The penalties imposed under Section 264 of the Omnibus Election Code. shall be penalized by imprisonment of not less than one (1) year. If on account of violence or similar causes it becomes necessary to transfer the counting of the votes to a safer place. (Section 25. as amended. Where a commotion resulted in suspension of the counting. In addition. It shall be counted. (Section 207. BP881) . the BEI may effect the transfer by unanimous approval of the board and concurrence of a majority of the watchers present. the poll clerk shall draw out as many ballots equal to the excess without seeing them. Provided. that the penalty or prision mayor in its minimum period shall be imposed upon any person found guilty of Section 24. Alonzo) SPECIAL PROBLEMS 1. Spoiled ballots Ballots in the compartment for spoiled ballots are presumed to be spoiled ballots. and the excess ballots shall not be counted.The Provision of existing laws to the contrary notwithstanding. The Board of Election Inspectors shall assume such positions as to provide the watchers and the public unimpeded view of the ballot being read. the offender shall be sentenced to suffer perpetual disqualification to hold public office and deprivation of the right to vote. (Dayag vs. Excess Ballots If there are excess ballots. the BEI may recount the ballots. BP 881) 2. BP881) 2. (Section 206. IX COUNTING OF VOTES MANNER 1. (Section 18. and shall be deemed disqualified as provided in Section 5 (c) of this Act. (Section 209. His/her passport shall be stamped “not allowed to vote”. The Board of Election Inspectors shall read the ballots publicly and shall not postpone the count until it is completed. shall be imposed on any person found guilty of committing any set of the prohibited acts as defined I this section. If the BEI finds that a valid ballot was erroneously deposited in the compartment for spoiled ballots. RA6646) 4.

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.202 SCRA 808) RULES FOR APPRECIATION OF BALLOTS 1. 6. (Lerias vs. BP881) b) A ballot is considered marked in any of the following cases: • The voter signed the ballot. HRET. However. Marked Ballot a) Marked ballots shall not be counted (Section 208. 3. the vote shall be counted for the latter.202 SCRA 808) 2.206 SCRA 305). Castro. the vote shall be counted in favor of the incumbent.206 SCRA 606) 8. the vote shall be counted in favor of all the candidates. (Bacobo vs. (Lerias vs. the vote shall be counted in favor of the latter. 7.3. If only the first name of a candidate is written and it sounds like the surname of another candidate. (Protacto vs. if accompanied by the name of the candidate does not annul the ballot except when it is used to identify the voter. the vote shall be counted in favor of the candidate who belongs to the same ticket as all other candidates voted . If the word written is the incidental name of two or more candidates for the same office none of whom is incumbent. BP811) c) Evidence aliunde is not necessary to prove a ballot as marked. If there are two or more candidates with the same name and one of them is incumbent. COMELEC. When the word written is the first name of one candidate and the surname of another candidate. the vote shall not be counted for either. A ballot in which the first name or surname of a candidate is written should be counted for him. HRET.(Bautista vs.191 SCRA 576) d) A ballot in which a sticker was stuck by another person to invalidate it should not be rejected. De Leon. 9 SCRA 472) • The ballot contains irrelevant expression. An incorrectly written name which sounds like the correctly written name of a candidate shall be counted in his favor(Bautista vs Castro. (Section 211 (13). if there is no other candidate with the same name. 5. the use of nicknames and appellations of affection and friendship. 4. With the same surname. If the ballot contains the first name of one candidate and the surname of another. 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. (Ferrer vs De Alban. actresses and national political figures.

If the candidate voted for exceed the number of those to be elected.shall not be counted in his favor. (Afonso vs. it should be counted if the intention to vote for him can be determined. 14. 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. 13. If two or more candidates were voted for in an office for which the law authorizes the election for only one. HRET. the votes for the candidates whose names were firstly written equal to the number of candidates to be elected shall be counted.(2) a vote which is illegible.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. 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 .Moscardon. 11. Even if the name of a candidate was written on the wrong space. 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.340 SCRA 396) The rule is in favor of the validity of the ballot.for in the ballot for the same constituency. (Cordero vs. and ( 3) a vote which does not sufficiently identify the candidate for whom it is intended. the use of two or more kinds of writing shall be considered innocent and shall not invalidate a ballot. Where a candidate named Pedro Alfonso died on the eve of the election and his daughter Irma Alfonso substituted him. provides that unless it should clearly appear that it has been deliberately put by the voter to serve as identification mark. (Villarosa vs.. Under Section 211(19 ) of the OEC.232 SCRA 777) 12. COMELEC. 10. 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. A ballot in which the correct first name but wrong surname of a candidate is written or the correct surname but wrong first name of a candidate is written . 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. 9. the vote shall not be counted in favor of any of them.section 149 of the REC. ballots in which the name Pedro alfonso was written cannot be counted in her favor.

must be considered invalid… When in a space in the ballot there appears a name of candidate that is erased and another clearly written. After the announcement of the results in a precinct. COMELEC. the results of the election will not be affected. • If the petition is by all members of the BEI. • If a candidate affected by the petition objects and the correction will affect the results of the election. the COMELEC. 347 SCRA 681) CORRECTION OF RETURNS 1. X. (Ong vs. the authorization of the COMELEC is needed to make any correction or alteration. (Section 16. if it finds the petition meritorious and the integrity of the ballot box has not been violated (section 216. 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. the COMELEC shall order a recount of the votes. the vote is valid for the latter… incorrect spelling of a candidate’s name does not invalidate the ballot—for even the most literate person is bound to commit a mistake in spelling. 2. and none of the candidate affected objects. shall order the correction. 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. any correction or alteration in the election returns must be initialed by all members of the BEI. CANVASSING AND PROCLAMATION CANVASSING BODIES . Before the announcement of the results of the election in a precinct. upon being satisfied of the veracity of the petition.

BP 881) • A municipal court has no jurisdiction to restrain the municipal board of canvasser. COMELEC a. City and Municipal Board of Canvassers a. Congress a. City and municipal officials 6. Casar. The remedy is purely administrative.it has only the ministerial task of tallying the votes as reported in the election returns and declare the results. Regional Officials 3.234 SCRA 13) 2. District Board of Canvassers in each legislative district in Metro Manila a. President b. 285 SCRA 493) NATURE OF DUTY OF BOARD OF CANVASSERS 1. The COMELEC has direct control and supervision over the board of canvassers except congress.The Comelec exercises judgment or discretion to determine whether any given return before it is genuine in connection with the canvass of votes. Provincial officials 4. It may motu proprio relieve at any time and substitute any member of the board of canvassers. The fact that an election return was not locked in the ballot box when it was . Congressmen b. (section 227. Congressman b. COMELEC. Ministerial. PROCEDURE 1. Congressman b. Senators b. Provincial board of canvassers a. COMELEC. Barangay officials SUPERVISORY POWER OVER THE BOARD The COMELEC exercises direct supervision and control over the proceedings before the board of canvassers (Mastura vs. The correction of the manifest mistake in the mathematical addition calls for a mere clerical task on the part of the board.1. vice president 2. signed and thumbmarked by the members of the BEI. Manner of delivery of election Return a. (Tatlonghari vs. Barangay Board of Canvassers a. and cannot exercise the judicial power of deciding an election contest. Municipal official 5. 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. Quasi-Judicial. (Librados vs.199 SCRA 199) 2.

(Patoray vs. Problem areas a. Omission in the return • in case of an omission in the election return of the names of a candidate or his votes.249 SCRA 490) . 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. no dilatory action shall be allowed 3. Lost return • If any election return has been lost. COMELEC. 262 SCRA 222) b. the board of canvassers may use authentic copy of it or a certified copy of it issued by the COMELEC(Section 233.188 SCRA 902) 2. Every registered political party and candidate is entitled to one watcher in the canvassing center. It is not necessary that all the other copies shall be considered. 216 SCRA 866) • If all copies of the Election returns were lost. the COMELEC shall order the BEI to count the votes for the candidate whose votes were omitted and to complete the return. Any registered political party and candidate has the right to be present and to counsel a. BP 881) RIGHTS OF CANDIDATES 1. (Garay vs COMELEC. • If the votes omitted cannot be ascertained except by recounting the ballots. COMELEC.BP 881). (Quilala vs. a recount of the vote should be ordered instead of excluding the election return in the canvassing. Comelec. after ascertaining the integrity of the ballot has not been violated. but candidates for the local legislative bodies belonging to the same party are entitled collectively to one watcher.140 SCRA 126) b. c. 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. 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. • If an election return is missing a recount should not be ordered if there is any authentic copy available(Ong vs. COMELEC. • The certificate of votes signed by the BEI and tally board cannot be used for the canvass. a recount of the ballots should be made.delivered to the board of canvassers is not ground for excluding it in the absence of proof that it was tampered with (Pimentel vs. because only election returns are evidence of the results of the election. (section 229. only one counsel may argue for each party of candidate. Since the omission of the election return on the number of votes certain candidates received is not a discrepancy. the board of canvassers shall require the BEI to complete it. upon prior authority of the COMELEC.

COMELEC. (Patoray vs. (Sema vs.Loong vs. 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.234 SCRA 280) d. An incomplete canvass of votes is illegal cannot be a basis of a valid proclamation (Samad vs. a proclamation may be made upon the order to the COMELEC after notice and hearing. 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. the COMELEC after ascertaining that the integrity of the ballot box has not been violated. the COMELEC. Filing of pre-proclamation controversy under 2448 of BP881 is not the only grounds for the suspension of proclamation.shall order the BEI to recount the votes and prepare a new return. 3. If the questioned election returns will not affect the result of the election. COMELEC. COMELEC. COMELEC. COMELEC.(Mastura vs.315 SCRA 693) 2. 6.347 SCRA 633) 4.224 SCRA631.257 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. the winning candidate who is sought to be disqualified is entitled to be proclaimed as a matter of law. shall order the recount of the ballots. it should not be counted and a count of the ballot should be ordered. COMELEC. • If the certificate of canvass was tampered with.( Lucero vss.249 SCRA 440) PROCLAMATION 1.320 SCRA 817) 5. (Caruncho vs. 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. (Bagatsing vs CCOMELEC. Tampered or falsified return • 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. 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 result of the election. • 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. the COMELEC may order that any of the copies of the election returns be used in making a new canvass. the board shall use the other copies of the election return. If there is discrepancy between the tally and the written figures in the election return. . The proclamation of a winning candidate cannot be annulled if he has not been notified of the motion to set aside his proclamation.c.265 SCRA 493) • Since an election return prepared without counting the ballots is a fabrication. after ascertaining that the integrity of the ballot box has not been violated.

BP 881) XI PRE-PROCLAMATION CASES A.COMELEC. Where the resolution of the issues raised would require the COMELEC to “pierce the veil” of election returns that appear prima facie regular. (Sebastian . Definition. 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. the ties shall be broken by the drawing of lots. FAILURE TO ASSUME OFFICE If a candidate fails to take his oath of office within 6 months from his proclamation.The COMELEC as a general rule need not go beyond the face of the returns and investigate alleged election irregularities. transmission. 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.235 and 236 in relation to the preparation.311 SCRA 694) TIE 1. falsified or materially defective returns which appear as such on the face.315 SCRA 693) 7. In the case of other positions. 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.(CHU. unless for a cause beyond the control of the elected official. PHIL CONT”N) 2. Brion.319 SCRA 482) In pre-proclamation controversy. his office will be considered vacant. the remedy is a regular election protest. The office of pre-proclamation controversy is limited to incomplete.supra) A pre-proclamation controversy is limited to an examination of the election returns on their face. 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.234. receipt. custody and appreciation of the election returns. ART VII. 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. (Chu vs. (Loreto vs. (section 12. COMELEC. or any matter raised under sections 233.

custody and appreciation of the election return or certificate of canvass. by evidence dehors the record to be shown to have been committed. vice-president. Questions involving the legality of the composition or proceeding of the board of canvassers. Provincial. vice president.320 SCRA 836) 1. f. (Trinidad vs. or in the certificate of canvass… a manifest clerical error is one that is visible to the eye or obvious to the understanding. 327 SCRA 406) B.323 SCRA 403) . 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. senatorial and congressional elections from filing pre-proclamation case.(SEC 15 and 17. The returns are incomplete. COMELEC. 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. RA 7166) C. congressmen and barangay officials No pre-proclamation case is allowed regarding the preparation. 3. may be raised initially in the board of canvassers or the COMELEC. senators. Substitute or fraudulent returns were canvassed. The composition of the proceeding of the board of canvassers is illegal e. COMELEC. The returns were prepared under duress or are obviously manufactured or not authentic. Vice presidential.211 SCRA 315) ERRORS IN THE CERTIFICATE OF CANVASS Correction of manifest errors has reference to errors in the election returns. and is apparent from the papers to the eye appraiser and the collector. city and municipal officials d. While the first sentence of section 15 of RA 7166 prohibits candidates in the presidential. g. transmission. contain material defects.(Chaves vs COMELEC. except congress. 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. receipt. RA 7166) 2. (Sandoval vs.VS COMELEC. and does not include an error which may. the result of which materially affect the standing of the aggrieved candidate. JURISDICTION 1. in the entries of the statement of votes by precinct/per municipality. appear to be tampered with or falsified or contain discrepancies in the same returns or in other authentic copies. SCOPE OF PRE-PROCLAMATION CONTROVERSY ISSUES 1.

the election returns are not statistically improbable. Climaco. 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. Where the votes cast in 50 precincts for the candidates for senators of one party equalled the number of registered voters.the doctrine of statistical improbability must be viewed restrictively. all the candidates for senators of that party received the same number of votes. A copy of an election return or certificate of canvass was tabulated more than once.270 SCRA 390) STATISTICAL IMPROBABILITIES An election return which is statistically improbable is obviously fabricated and should not be counted. Errors in addition in the certificate of canvass may be corrected. The bare fact that candidate for public office had received zero vote is not enough to make returns statistically improbable (Ocampo vs.(Doruelo vs. iii. Standing alone without more. 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. (Ong vs COMELEC. 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 improbable. i. The canvassing body may motu proprio or upon petition of an interested party correct manifest errors in the certificate of canvass or election return. COMELEC . 16 SCRA 175) ii. ii.133 SCRA 376) v.(Lagumbay vs. There was a mistake in copying the figures into the statement of votes or certificate of canvass.221 SCRA 75) iv. 21 SCRA 1391)sss iii. since election returns are what are supposed to be the basis of the canvass. the election returns are statistically improbable and are obviously fabricated. (Ilarde vs. innocent voters become disenfranchised…The doctrine of statistical improbability involves a question of fact and more prudential . the utmost care being taken lest in penalizing the fraudulent and corrupt practices. (Sec 15. the number of votes cast were less than the number of registered voters. COMELEC. The mere fact that a candidate receive overwhelming majorities over another candidate in numerous precinct does not make the election return statistically improbable. Two or more copies of the same election return or certificate of canvass were tabulated separately. Where only one candidate of a party got all the votes in some precincts and his opponent got zero.325SCRA 636) v.2. (Ramirez vs.COKELRC. RA7166) i. and all the candidates for senators of the opposing party got no votes. 31 SCRA71) iv. (Sangki vs COMELEC. the other candidates for the other party for other positions received votes.

99 SCRA 5892) b) Questions on the appreciation of the ballots can not be raised in preproclamation case. . COOOMELEC. absence of time and date of receipt of election return by the board of canvassers. voting by flying voters. 211 SCRA 315) Likewise. since it does not involve the election return.(Chavez vs.159 SCRA 623) d) Vote buying and secrecy in the preparation of ballots are not proper grounds for pre-proclamation case (Salazar vs. and third persons falsely voted for voters who did not vote are not proper issues in a pre-proclamation case (Dipatuan vs. (Pataray vs. a) The use of illegal election propaganda.185 SCRA 86) f) Technical examination of the signatures and thumbprints of the voters to prove substitute voting is not allowed in a pre-proclamation case. COMELEC.COMELEC.271 SCRA 733) 2. (Salih vs.(Velayo vs. as these are irregularities that do not appear on the face of the election returns. lack of signature of watchers of the petitioner. COMELEC. that there were discrepancies between the signatures in the voter\s affidavits and the voting record. marked or invalid cannot be raised in a preproclamation case. COMELEC.274 SCRA 470) c) Terrorism of voters. 325 SCRA 636) j) 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 preproclamation case. COMELEC. vote-buying and terrorism of the voters are not proper issues in a pre-proclamation case. Administrative lapses which do not affect the authenticity of an election return cannot serve as basis for annulling the election return. Issues involving the casting or the counting of the ballots are not proper in pre. COMELEC.260 SCRA 294) g) The padding of the list of voters cannot be raised in a pre-proclamation case. (Alfonso vs.189 SCRA 335) h) The fact that the voting was sham or minimal is not a ground for filing a pre-proclamation case. COMELEC. COMELLEC.279 SCRA 19) i) To look beyond or behind election returns is not a proper issue in preproclamation controversy (Ocampo vs. lack of seals. (Ututahan vs. COMELEC. 232 SCRA 777)Thus. the claim that some ballots were spurious. (Balindong vs.proclamation cases. COMELEC. (Matalam vs. deprivation of the right to vote of registered voters and vote buying cannot be raised in a pre-proclamation case (Allarde vs. since this is properly cognizable in an election protest. COMELEC. 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 preproclamation case. (Villegas vs.184 SCRA 433) e) The claim that the voters were allowed to vote without verifying their identities.327 SCRA713) ISSUES NOT RESOLVABLE IN PRE-PROCLAMATION CONTROVERSY 1. COMELEC. a) The failure to close the entries in the election returns with the signature of the BEI.approach prohibits its determination ex parte.

although no objection was made during the canvass.(Section 19 RA 7166) B.Navarro vs COMELEC. COMELEC. list of voters and voting records. since it must be raised immediately. COMELEC. (Baterina vs. An objection made after the canvass is late. Summary proceedings cannot be stretched to mean ex parte proceedingsummary simply means with dispatch.137 SCRA 356. COMELEC.205 SCRA 1) b) The absence of the signature of the claimant of the BEI on the voter’s affidavits. 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). RA 7166 explicitly provides that it is only on the basis of the official records that the COMELEC can decide the pre-proclamation controversy in a summary manner.and the lack of authority of the person who received the election returns do not affect the authenticity of the returns. missing voter’s lists are mere administrative omissions and cannot be used as basis to annul an election return. (Arroyo vs. Rule 27 of . Where the threats of the followers of a candidate did not affect the genuineness of an election return.RA 7166) a.(Velayo vs. (Laodenio vs.228 SCRA 596) b. HRET. with the least possible delay.(Guiao vs /comelec. a petition for correction of the statement of votes may be filed after the proclamation of the winner.178 SCRA 746).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. It must be filed not later than 5 days after the proclamation.327 SCRA 713) 3. (Chu vs. By the COMELEC.372 SCRA 713) 2.170 SCRA 513) SUMMARY DISPOSITION OF PRE-PROCLAMATION CONTROVERSY 1. 319 SCRA 482) A. COMELEC. as error was discovered only after the petitioner got a copy of the statement of votes. absence or excess of detachable coupons. 246 SCRA 384) 3. COMELEC.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. signifying that the power may be exercised without trial in the ordinary manner prescribed by law for regular judicial proceedings. Procedure in case of contested returns 1. discrepancies between the member of detachable coupons and the number of ballots. (Duremdes vs. (Velayo vs.(Section 5(b). 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. it should not be excluded (Salvacion vs.

4. (Bince vs. COMELEC. (Mentang vs. which suspended the proclamation because of a possible discrepancy in the election return. to make a proclamation. a late appeal should be allowed.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.250 SCRA 298) 2. 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.(Sardea vs. Comelec. Period of appeal 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. 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) 5. since it does not involve an election protest or a pre-proclamation case (Ramirez vs. CCOMELLEC.225 SCRA 374) 7. (Castromayor vs. Within 24 hours. COMELEC. a party may file a written opposition and attach the supporting evidence. (section 20(f). A party who intends to appeal should immediately inform the board of canvassers.(Cabanero vs CA) The RTC has no jurisdiction to compel the municipal board of canvassers. (In re COMELEC Resolution no. The board of canvassers shall summarily rule in the contested returns (Section 20(d).RA 7166) 6. Within 24 hours after presentation of the objection. The COMELEC shall decide the appeal within 7 days from receipt of the . (Benito vs.COMELEC rules of procedure) However. Appellate jurisdiction The RTC has NO jurisdiction to review the decision of the municipal board of canvassers to correct a certificate of canvass. COMELEC.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.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.RA 7166) 3.234 SCRA 1) b. COMELLEC.RA 7166) a.(Section 20c. 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. a petition for correction of the certificate of canvass may be filed even before the proclamation of the winner. the objecting party shall submit evidence in support of the objections.2521.229 SCRA 666) Under the COMELEC Rules of procedure.

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 16. (Sections 18 and 20(f). (Saman vs. COMELEC. As a general rule. the filing of an election protest or a petition for quo warranto precludes the subsequent filing of a pre-proclamation controversy. COMELEC 271 SCRA 733). and the rulings of the board of canvassers shall be deemed affirmed. COMELEC.(Laodenio vs. The same holds true if the returns were manufactured. (Agbayani vs.186 SCRA 464).282 SCRA 241 And Barroso vs Ampig. (Matalam vss. COMELEC). COMELEC. COMELEC. COMELEC. However this rule presupposes the proclamation is valid. and the decision shall be executory after 7 days from receipt by the losing party. RA 7166) TERMINATION OF PRE-PROCLAMATION CASE Once a proclamation has been made. It does not apply if the proclamation is void.271 SCRA 733) EFFECT OF FILING AN ELECTION PROTEST. or amounts to the abandonment of one earlier filed.(Matalam vs. without prejudice to the filing of an election protest by the aggrieved party. COMELEC. The rule that the filing of a protest implies abandonment of the preproclamation case does not apply if: i.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. The protest was filed as a precautionary measure (Mitmug vs. The board of canvassers was improperly constituted. if he did not explain why. because it was based on incomplete returns.230 SCRA 54) ii. RA 7166) PROCLAMATION .276 SCRA 405) 3.QUO WARRANTO 1.224 SCRA 631) CONTINUANCE OF THE CASE If the petition appears meritorious on the basis of the evidence presented so far. 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. as when the Municipal Treasurer took over the canvassing without having been designated.331 SCRA 473) 2.records. (Maruhom vs. the COMELEC or the SC may order the case to continue. (Mentang vs. (Penaflorida vs. the pre-proclamation case is no longer viable and should be dismissed (Sardea vs. The same hols true where the computation of votes was erroneous. COMELEC. COMELEC.

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. COMELEC. (Section 21.1. (Sunga vs. COMELEC. Proclamation may be made if the contested returns will not adversely affect the results of the elections. (Velayo vs. 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.283 SCRA 349) 2. after notice and hearing in accordance with rule 27. 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. (Section 20 (i). RA 7166) 3. to effect the necessary correction. COMELEC. A candidate for mayor who finished second cannot be proclaimed simply because the candidate who received the highest number of votes died. since he was not the choice of the people. The Board of Canvassers shall not make any proclamation without any authorization from the COMELEC (Jamil vs COMELEC. 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.332 SCRA 757) 3. COMELEC. (Benito vs. section 7 of the COMELEC Rules of Procedure. if any.288 SCRA 76) ANNULMENT OF PROCLAMATION 1. COMELEC. in the election returns and.(Torres vs. 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. 23335 SCRA 436) 5. (Lonzanida vs. without prior notice and hearing. on the basis thereof. Where the COMELEC. The COMELEC may order the proclamation of other winning candidates whose election will not be affected by the pre-proclamation case. 311 SRA 602) .270 SCRA 583) 2. the expedient action to take is to direct the Municipal Board of Canvassers to reconvene and. RA 7166) 4. COMELEC. 327 SCRA 713) 4. proclaim the winning candidate or candidates as members of the Sangguniang Bayan( Angelia vs.

ELECTION CONTESTS A. Jurisdiction 1) Supreme Court (Presidential Electoral Tribunal) 1. • President • Vice-President ( Sec. 4, Art VII, Phil. Const) 2) Senate Electoral tribunal • Senators (Sec 17, Art VI, PC) 3) House of Representatives Electoral Tribunal • Congressmen ( Sec 17, Art VI, PC; Sampayan vs. Daza, 213 SCRA 807) 4) Commission on Elections • Regional Officials • Provincial Officials • City Officials ( Sec 2(2). Art IX-C, PC; Sec 249 BP 881) 5) Regional Trial Court • Municipal Officials ( Sec 2(2), Art IX-C, PC; Sec 251, BP 881, Papandayan vs. COMELEC , 230 SCRA 469) 6) Metropolitan Trial Court, Municipal Circuit Trial Court, and Municipal Trial Court • Barangay Officials [ Sec 2(2), Art IX-C, PC; Sec 252 BP 881; Regatcho vs. Cleto, 126 SCRA 342] • Sangguniang Kabataan ( Sec 1, RA 7166) B. Action which may be filed i. Election Protest Requisites: i. Must be filed by any candidate who has filed a certificate of candidacy and has been voted upon for the same office. ii. On ground of fraud, terrorism, irregularities or illegal acts committed before, during or after the casting and counting of votes iii. Within 10 days from the proclamation of the results of the election. ii. Quo Warranto Requisites: i. Filed by any registered voter in the constituency ii. On grounds of ineligibility or disloyalty to the Republic of the Philippines iii. Within 10 days from the proclamation of the results of the election C Procedure 1. Period of filing contest a. Periods

i. President and Vice-President 1) Protest- 30 days ( Rule 14, Rules of Presidential Electoral Tribunal) 2) Quo Warranto- 10 days ( Rule 15, Rules of Presidential Electoral Tribunal) ii. Senators 1) Protest – 15 days ( Rule 14, Revised Rules of Senate Electoral Tribunal) 2) Quo Warranto – 10 days ( Rule 15, Revised Rules of Senate Electoral Tribunal) iii. Congressmen- 10 days ( Rule 16 and 17.1998 Rules of House of Representatives Electoral Tribunal) iv. Regional, provincial and city officials-10 days ( Sec 250 and 253, BP 881; Republic vs. Dela Rosa, 232 SCRA 78) v. Municipal Officials- 10 days ( Secs 251 and 253, BP 881) vi. Barangay Officials – 10 days ( Sec 252 and 253, BP 881) vii. Sangguniang Kabataan- 10 days ( Sec 1, RA 7808) b. Exceptions i. 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. (Sec 248, BP 881; Gatchalian vs CA , SCRA 208) ii. If the dismissal was elevated to the Supreme Court , the period does not run until receipt of the dismissal by the Supreme Court, because review by the Supreme Court is part of the proceeding.(Gallardo vs Rimando, 187 SCRA 463) iii. 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. ( Roquero vs COMELEC , 289 SCRA 120) iv. 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, 283 SCRA 505) v. Since the filing of a pre-proclamation case merely suspends the running of the period to file an election protest, only the balance of the period is in case of dismissal. ( Roquero vs COMELEC , 289 SCRA 150) vi. Where the evidence of the lack of Filipino citizenship of a provincial official was discovered only 18 months after his proclamation, the quo warranto case should be allowed even if it filed more than 10 days after his proclamation. ( Frivaldo vs COMELEC , 174 SCRA 245) 2. Protestant or Petitioner President and Vice-President i. protest- Candidate with second or third highest number of votes ( Rule 14, Rules of Presidential Electoral Tribunal) ii. Quo Warranto- any voter ( Rule 15, Rules of Presidential Electoral Tribunal) Senator i. Protest- any candidate ( Rule 14, Revised Rules of Senate Electoral Tribunal) ii. Quo Warranto- any voter ( Rule 15, 1998 Rules of Senate Electoral Tribunal)

Congressmen i. Protest- any candidate ii. Quo Warranto- Any voter ( Rule 17, 1998 Rules of House of Representatives Electoral Tribunal) Regional, provincial, City Officials i. Protest- any candidate ( Sec 250, BP 881) ii. Quo Warranto- any voter ( Sec 253, BP 881) Municipal Officials i. Protest- any candidate- ( Sec 251 , BP 881) ii. Quo Warranto- any voter ( Sec 253, BP 881) Barangay Officials i. Protest- any candidate- ( Sec 252, BP 881) ii. Quo Warranto- any voter ( Sec 253, 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 , the election protest should be dismissed. ( 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, 121 SCRA 466) • An election protest which does not specify the precinct where the alleged irregularities occurred is fatally defective . (Pena vs HRET , 270 SCRA 340) • Substantial compliance is sufficient . Thus the following allegations sufficiently comply with the first requirement. • The protestant received a certain number of votes ( Anis vs Contreras, 55 Phil 929) • The protestant finished second in the election ( Ali vs CFI of Lanao, 80 Phil 506) • The protestant was a candidate voted for in the election with a valid certificate of candidacy for mayor ( Pamania vs Pilapil, 81 Phil 212) • The protestant was one of the registered candidates voted for and he received a certain number of votes ( Jalandoni vs Sarcon, 94 Phil 266) • The protestant was the official candidate of a [particular political party and received a certain number of votes ( Maquinay vs Bleza, 100 SCRA 702) • The protestant was a candidate for governor and was voted for. ( Macias vs COMELEC, 182 SCRA 137)

Circular No 04-94 requiring a certification of non-forum shopping is applicable to election cases as it is mandatory . 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. they can be filed separately. 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.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. It is. 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. 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 . is clothed with public interest--. as only the ineligibility or disloyalty of the winner can be raised in such case ( Samad vs COMELEC. 04-94 does not distinguish ( Loyola vs CA 245 SCRA 477.. ( Pacal vs Ramos. 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. 313 SCRA 311) • The requirement that every initial pleading should contain certification of absence of forum shopping applies to election cases for Circular No. GR No L-10916. they should be ordered separated. 224 SCRA 384) . ( Arroyo vs HRET. said petition lacks proper verification and should be treated an unsigned pleading and must be dismissed. However. unlike an ordinary civil action . If they were joined in an action . ( Domingo vs COMELEC. ( Soller vs COMELEC. the protest should not be dismissed. ( Luisaon vs Garcia . ( Tumarong. (Miro vs COMELEC. Tamarong vs Lubguban. ( Barroso vs Ampig Jr. it can be determined from the records of the case that it was filed on time. 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. 269 SCRA 624) • SC Adm. An election contest. supra) • The strict application of the non-forum shopping rule in election contests would not work to the best interest of the parties and the electorate . May 10.• Even if the protest did not allege the date of the proclamation. as when the protest was filed on the tenth from the date the casting of votes was held. 1957). however not jurisdictional.

Abandonment . Even if the protestee has resigned . as a favorable judgement will be entitled the protestant to assume the office ( Delos Angeles vs Rodriguez. If the protestee died. If it is the protestant who died. such as the vice-mayor. 199 SCRA 561) He cannot be substituted by his heirs. 236 SCRA 60) c. 46 Phil 599) The same holds true if the protestee accepted another position ( Calvo vs Maramba. the rule in civil cases that general denials operates as an admission is not applicable ( Loyola vs HRET. since public office cannot be inherited. since the COMELEC Rules of Procedure are not applicable to the regular courts because of the exclusive rule-making power of the Supreme Court. ( Abeja vs Tanada. 231 SCRA 57) Injunction A protestee cannot be enjoined from assuming office because of the pendency of an election protest. Until the case is decided against him. 160 SCRA 759) Substitution a. 282 SCRA 53) 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. he should be substituted by the public official who would have succeeded him. January 7.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. he should be substituted by his successor such as the vice-mayor ( Dela Victoria vs COMELEC. 1918) b. ( Aruelo vs CA. ( Careno vs Dictado. he has the right to assume office. 227 SCRA 311) 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. ( De Castro vs COMELEC 267 SCRA 806) 14. the protest should continue . 229 SCRA 90) A counter protest cannot be allowed if the answer was filed out of time ( Lim vs COMELEC. GR No 13206.

Opening of Ballots When an election protest is filed. Summary Judgment An election protest cannot be decided summarly. 293 SCRA 578) 19. Certiorari Under Sec 50 of BP 697. 236 SCRA 60) 18. 253 SCRA 559) 15.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. Evidence The genuineness of the handwriting in the ballots can be determined without calling handwriting experts. 260 SCRA 503) 17. 243 SCRA 690. the COMELEC has jurisdiction over petitions for certiorari. and misappreciation of ballots ( Manahan vs Bernardo. Deferment of Counter Protest A protestee cannot ask that before making the revision of the ballots involved in his counter-protest. Demurrer . the COMELEC cannot affirm the decision of the merits in the election protest. 283 SCRA 505) The revision of ballots in an election protest filed with COMELEC should be held in Manila ( Cabagnot vs COMELEC. ( Erni vs COMELEC.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. ( Acosta vs COMELEC. The ballot boxes should be opened without requiring proof of irregularities. 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. as summary judgment applies only to ordinary civil action for recovery of money (199 SCRA 449) 16. as they are not the best evidence ( Nazareno vs COMELEC 279 SCRA 89) 20. 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. 243 SCRA 578) Unless the original documents or certified true copies of them cannot be produced or photo-copies cannot be used as evidence ( Arroyo vs HRET. prohibition and mandamus involving election cases pending before the courts whose decisions are appealabe to it ( Relampagos vs CUmba.

A motion to dismiss for insufficiency of the evidence of the protestant has rested is a demurrer to the evidence. Execution of Judgment Pending Appeal BP 881 and other election laws do not specifically provide for the execution pending appeal for judgment in election cases. 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. unlike the Election Code of 1971…. authentic election return cannot be annulled because the ballots were lost or destroyed (Arroyo vs HRET 246 SCRA 384) b. 288 SCRA 76) c. 283 SCRA 229) 21. Actual damages may be awarded in accordance with the law (Sec 259. 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…. the protestee is deemed to have the right to present evidence ( Enojas vs COMELEC. The shortness of the remaining portion of the term of the contested office iii. 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. Decision a. 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. The Supreme Court has explicitly recognized and given approval to execution of judgment pending appeal in election cases filed under existing laws. 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. 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. Length of time that the election contest has been pending ( Ferno vs COMELEC 328 SCRA 52) . par 1 of BP 881. as amended . Public interest involved or will of the electorate ii. Governed by Sec 2. If the winner is ineligible. If it was granted but reversed on appeal . Rule 39 of the 1997 Rules of Civil procedure. 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. Under Sec 264.

No motion for reconsideration is allowed in election contests involving the following: i. Motion for Reconsideration a. 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. COMELEC Rules of Procedure) c. resolution. Regional. Since only decisions of the COMELEC en banc may be elevated to the Supreme Court . Municipal officials (Sec 256. Congressmen. 232 SCRA ) ii.10 days ( Rule 64. Veloria vs COMELEC. Barangay Officials ( Sec 19. 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 (Ramos 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. 1998 Rules of HRET) v. 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. 244 SCRA 41) d. BP 881. Rule 37 and Sec 12. order. or decision except in election offense cases is a prohibited pleading under the COMELEC Rules of Procedure. One motion for reconsideration is allowed in the contest involving the following: i. Senator. Rules of Presidential Electoral Tribunal) iii. President. 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.10 days ii. Rule 37 and Sec 12 Rule 38. Provincial and City Officials – 5 days ( Sec 2.10 days ( Rule 74. Rule 38 COMELEC Rules of Procedure) iii. Vice-President. 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. Rule 19 COMELEC Rules of Procedure) b.10 days ( Rule 65. since the pre-trial is not applicable to the election protest. (Angela vs COMELEC .iv. . A resolution of the COMELEC en banc is not subject to reconsideration. (Pangilinan vs De Ocampo. Rules of Senate Electoral Tribunal) iv. Sangguniang Kabataan ( Sec 19. 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. (Camlian vs COMELEC 271 .

it usually entails a fullblown hearing and the quantum of proof required to secure a conviction beyond reasonable doubt. Phil Const. the appeal should not be dismissed. . since the determination of the will of the people should not be thwarted of technicalities (Pahilan vs Tabalba. 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.. Municipal Officials • COMELEC within 5 days ( Sec 22 RA 7166. Congressmen. Form Where the appellant filed an appeal brief instead of a notice of appeal to the COMELEC. Calucag vs COMELEC 274 SCRA 405) • Supreme Court within 30 days ( Flores vs COMELEC 184 SCRA 484) b. An appeal may be dismissed if the full appellate docket fee was not paid . Sec 4.within 30 days ( Rivera vs COMELEC 199 SCRA 178) v. 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) Its criminal aspect involves the ascertainment of the guilt or innocence of the accused candidate like in any other criminal case. and City officials – Supreme Court within 30 days ( Sec 7. Jurisdiction i. 230 SCRA 205) c. 194 SCRA 25) • Supreme Court . An appeal may be dismissed for failure of the appellant to pay the appellate docket fee (Reyes vs RTC of Oriental Mindoro. Sec 3 Rule 22 of COMELEC Rules of Procedure. Review a.Supreme Court within 60 days ( Sec 4.322 SCRA 757) 24. Regional.Supreme Court within 60 days ( Lerias vs HRET.Art IX-C. 244 SCRA 41) ii. Art IX-A Phil Const) iv. Rule 65 Rules of Court) iii. as payment of the full amount is indispensable for perfection of the appeal (Rodillas vs COMELEC. 245 SCRA 702) d. Rule 65 Rules of Court) ii. Lindo vs COMELEC. Senator. Failure to Pay Appellate Docket Fee i. Sec 3. provincial. CRIMINAL OFFENSES A. Barangay Officials • COMELEC within 5 days (Sec 2(2) . Rule 22 COMELEC Rules of Procedure.

Jurisdiction to try the case The expanded jurisdiction of the Municipal Trail Court ( RA 7691) does not include criminal cases involving election offenses. 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. 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 . 188 SCRA 830) 3. 158 SCRA 716) 4.2) Its electoral aspect is a determination of whether the offender should be qualified from office. 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. Unauthorized Entry into Polling Place Mere presence of unauthorized person inside a polling place is an offense ( COMELEC vs Romillo. B. RA 6646) d. Any person who is guilty and willingly testifies shall be exempt from prosecution ( Sec 28. 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. leaders or sympathizers of a candidate to promote his election shall create a presumption of conspiracy to bribe voters. b. The fact that at least 20% of the precincts of the municipality. The fact that at least one voter in at least 20% of the precincts in a municipality . but except those relating to the offense of failure to vote ( Juan vs People 322 SCRA 125) C. Offenses 1. 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. 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. c. 285 SCRA 256) 2. city or province was offered money by the relatives. Vote-buying a. This is done through administrative proceeding which is summary in character and requires only a clear preponderance of evidence.

Carrying Deadly Weapon in Precinct To support a conviction carrying a deadly weapon inside a precinct. as amended are: (1) a public officer or employee is transferred or detailed within the election period as fixed by the COMELEC. after proper verification and hearing to credit the correct votes or deduct such tampered votes. 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. the transfer of government employees before the publication of the implementing regulations is not an election offense. petitions in court for inclusion or exclusion of voters. first. 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. the tampering. it is necessary that the deadly weapon be seized from the accused while he was in precinct (Mappala vs Munoz 240 SCRA 600) 6. two act not one. the refusal..” The COMELEC has exclusive jurisdiction to conduct preliminary investigation of and prosecute election offenses (Naldaza vs. prosecute cases of violations of election laws.(Corpuz vs. 149 SCRA 2281) 3. Tanodbayan. The COMELEC Chairman. COMELEC. Prosecution 1. offenses. and malpractices. Rule 34 of . Whatever initiated motu propio or filed with the COMELEC by any other party. where appropriate. This holds true even if the offense is committed by a public officer in relation to his office. including acts or omissions constituting election frauds.transfers made without the prior approval of the COMELEC in accordance with the implementing regulations. 247 SCRA 328) Two elements of the offense prescribed under Sec 261 (h) of BP 881. are penalized i. ( People vs Reyes. Lavilles. investigate and. increasing or decreasing of votes received by a candidate in any election. Refusing to credit candidate with vote Under section 27(b) of RA 6646.289 SCRA 586) D. upon a verified complaint.Art IX-C “File. Section 2(6). and second.e. the complaint shall be referred to the COMELEC Law Department for investigation. or on its own initiative.(Pimentel vs. in his personal capacity may file directly with the COMELEC Law Department pursuant to Section 4.254 SCRA 286) 2.

(Pp. A provincial election supervisor authorized to conduct a preliminary investigation may file a case without need of approval of the provincial prosecutor. COMELEC. 323 SCRA 778) 4. (Pp. 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. Presiding Judge. Inting. Delgado. 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.the COMELEC Rules of Procedure. (Pp.(COMELEC vs.280 SCRA 8920 The court in which a criminal case was filed may order the COMELEC to order a reinvestigation. Basilla.286 SCRA 177) . (Kilosbayan Inc vs. Ssilva.187 SCRA 788) The COMELEC can deputize prosecutors to investigate and prosecute offenses even after election. 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. Vs. since the power to prosecute election offenses is vested in the COMELEC. 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 Department… Under Section 5 of Rule 34 of the COMELEC Rules of Procedure.179 SCRA 87) Since it is a preliminary investigation. RTC Manila Br 10. the complainant cannot ask it to gather evidence in support of the complaint.

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