Professional Documents
Culture Documents
Under Art. V, Sec. 1 of the 1987 For the purposes of election law,
Constitution, the right of suffrage may be residence is synonymous with domicile. Art.
exercised by all citizens of the Philippines who 50 of the Civil Code provides that “for the
are: existence of civil rights and the fulfillment of
civil obligations, the domicile of natural
(1)not otherwise disqualified by law, persons is the place of their habitual
(2)at least 18 years of age, and residence.” Domicile includes the twin
(3)have resided in the Philippines for elements of “the fact of residing or physical
at least 1 year, and in the place presence in a fixed place” and animus
wherein they propose to vote for at manendi, or the intention of returning there
least 6 months immediately permanently. (Romualdez-Marcos v.
preceding the election. COMELEC)
The same provision provides that no Every person is deemed to have his
literacy, property or other substantive domicile somewhere, and when it has been
requirement shall be imposed on the exercise acquired, it will be deemed to continue until a
of suffrage, and that Congress may not add or new one has been acquired. Temporary
alter the qualifications of voters under Art. V, absences although frequent or long continued,
Sec. 1 of the 1987 Constitution. This will not, while the person has a continuous
specification is an implied prohibition against intention to return, deprive him of his domicile
interference on the part of Congress in the and right to vote.
right of suffrage.
Any person who temporarily resides in
Congress, however, to a limited extent can another city, municipality or country solely by
regulate the right of suffrage by: reason of his occupation, profession,
employment in private or public service,
•Defining the qualifications of educational activities, work in the military or
voters naval reservations within the Philippines,
•Regulating elections service in the AFP, the PNP, or confinement or
detention in government institutions in
•Prescribing the form of official
accordance with law, shall not be deemed to
ballot
have lost his original residence. (Sec. 9, R.A.
•Providing for the manner of
8189)
choosing candidates and the
names to be printed on the ballot It is not necessary that a person
•Regulating the manner of should have a house in order to establish his
conducting elections
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residence or domicile in a municipality. It is conditions and needs of the community
enough that he should live there, provided that from taking advantage of favorable
his stay is accompanied by his intention to circumstances existing in that community
reside therein permanently. for electoral gain.
Taxpaying Ability
The purpose of the COMELEC is to
protect the sanctity of the ballot and to ensure
This is related to property requirement.
the free and honest express of the popular will.
Romualdez-Marcos v. COMELEC (248
To achieve this, the COMELEC was
SCRA 300)
created as an independent administrative
tribunal, co-equal with the other departments
It is the fact of residence, not a
with respect to the powers vested in it, and not
statement in the certificate of candidacy
under any of the branches of Government.
which ought to be decisive in determining
The intention is to place it outside the influence
whether or not an individual has satisfied
of political parties and the control of the
the Constitution’s residency qualification
legislative, executive, and judicial organs of
requirement.
the government.
To successfully effect a change of
To preserve the independence of the
domicile, one must demonstrate: (1) an
COMELEC, appointments or designations in
actual removal or an actual change of
temporary or acting capacities are not allowed.
domicile; (2) a bona fide intention of
abandoning the former place of residence
and establishing a new one; and, (3) acts Composition
which correspond with the purpose.
Composition:
Aquino v. COMELEC (248 SCRA 400)
- chairman
The place where a party actually or - 6 commissioners
constructively has his permanent home,
where he, no matter where he may be Qualifications:
found at nay given time, eventually intends
to return and remain, i.e., his domicile, is •Natural born citizens
that to which the Constitution refers when •At least 35 years old
it speaks of residence for the purpose of •Holders of a college degree
election law. The purpose is to exclude •Must not have been candidates
strangers or newcomers unfamiliar with the for any elective position in the
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immediately preceding elections and electronic devices (BP 881,
•Majority of the members, Sec. 52 g, i)
including the chairman, should be
members of the Bar who have •Annulment or cancellation of illegal
been engaged in the practice of registry lists of voters and ordering
law for at least 10 years. the preparation of a new one;
The COMELEC shall post inside each •have nothing printed or written
voting booth and elsewhere in the polling place at the back except the signature
on the day before the election, referendum, or of the chairman of the Board of
plebiscite and during the voting period a list Election Inspectors
containing the names of all candidates or the
issues or questions to be voted for. (Sec. 158; Notwithstanding the preceding
BP 881) provisions, COMELEC may prescribe a different
form of official ballot on the same watermarked
There shall be a guard rail between the security paper to facilitate the voting by
voting booths and the table for the Board of illiterate voters only and to use or adopt the
Election Inspectors. (Sec. 159; BP 881) latest technological and electronic devices in
connection therewith. (Sec. 23, R.A. 7166)
Inspection of polling places
Emergency Ballots
Before the day of the election,
referendum or plebiscite, the Chairman of the
COMELEC shall, through its authorized GR: No ballots other than the official ballots
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shall be used or counted. The COMELEC shall publish at least 10
Exception: "Emergency ballots" may be used days before an election, in a newspaper of
if: general circulation, certified data on the
- failure to receive the official ballots on number of ballots and returns and the names
time and addresses of the printers and the number
- there are no sufficient ballots for all printed by each.
registered voters
- the ballots are destroyed at such time Ballot boxes
as shall render it impossible to provide
other official ballots. On the day of the voting, there shall be
In these cases, the city or municipal a ballot box one side of which shall be
treasure shall provide other ballots which shall transparent which shall be set in a manner
be as similar to the official ones as visible to the voting public. It shall contain two
circumstances will permit and which shall be compartments, one for valid ballots and the
uniform within each polling place. (Sec. 182, other for spoiled ballots.
BP 881)
REGISTRATION OF VOTERS
Printing of official ballots and election
returns Registration defined
The official ballots and election - the act of accomplishing and filing of a sworn
returns shall be printed by the Government application for registration by a qualified voter
Printing Office and/or the Central Bank printing before the election officer of the city or
facilities exclusively, under the exclusive municipality wherein he resides and including
supervision and control of the COMELEC which the same in the book of registered voters upon
shall determine and provide the necessary approval by the Election Registration Board.
security measures in the printing, storage and (Sec. 3a, R.A. 8189)
distribution thereof. (Sec. 184, BP 881)
Necessity of registration
The registered political parties
or coalitions of parties (or their components
should there be any dissolution or division of "The act of registration is an
said coalition) whose candidates obtained at indispensable precondition to the right of
least 10% of the total votes cast in the next suffrage. For registration is part and parcel of
preceding senatorial election are each entitled the right to vote and an indispensable element
to have a watcher and/or representative in the in the election process. Thus … registration
procurement and watermarking of papers to be cannot and should not be denigrated to the
used in the printing of election returns and lowly stature of a mere statutory requirement.
official ballots, and in the printing, numbering, Proceeding from the significance of registration
storage and distribution thereof. (Sec. 8, R.A. as a necessary requisite to the right to vote,
6646) the State undoubtedly, in the exercise of its
inherent police power, may then enact laws to
safeguard and regulate the act of voter’s
Requisition and Distribution
registration for the ultimate purpose of
conducting honest, orderly and peaceful
The official ballots and election returns election, to the incidental yet generally
shall be distributed to each city and important end, that even pre-election activities
municipality at the rate of one and one-fifth could be performed by the duly constituted
ballots for every voter registered in each authorities in a realistic and orderly manner –
polling place, and for election returns, at the one which is not indifferent and so far removed
rate of one set for every polling place. (Sec. from the pressing order of the day and the
186, BP 881) prevalent circumstances of the times."
(Akbayan, et al v. COMELEC, G.R. No.147066,
The ruling party and the dominant March 26, 2001)
opposition party shall submit the names of
their watchers who, together with the
Qualifications and Disqualifications
representatives of the COMELEC and the
provincial, city, and municipal treasurers shall
verify the contents of the boxes containing the See previous discussion under Suffrage.
shipment of official ballots, election returns
and sample official ballots. (Sec. 189, BP Election Registration Board
881)
(Sec. 15, R.A. 8189)
Publication
In each city and municipality, there
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shall be as many Election Registration Boards election. (Sec. 8, R.A. 8189)
as there are election officers therein. In thickly
populated cities or municipalities, the However, in the case of an initiative or
COMELEC may appoint additional election referendum, the COMELEC is authorized to set
officers for such duration as may be necessary. a special registration day at least 3 weeks
before the scheduled initiative or referendum.
Composition (Sec. 5, R.A. 6735)
•To receive the 4th copy (if the Any registered political party that,
dominant majority party) or the 5th singly or in coalition with others, fails to obtain
78
at least 10% of the votes cast in the hearing. (Sec. 6, R.A. 7941)
constituency in which it nominated and
supported a candidate or candidates in the Nomination and selection of official
election next following its registration shall, candidates
after notice and hearing be deemed to have
forfeited such status as a registered political (Sec. 6, R.A. 7166)
party in such constituency. (Sec. 60, BP 881)
No political convention or meeting for
Cancellation of registration the nomination or election of the official
candidates of any political party or organization
The following are grounds for or political groups or coalition thereof shall be
cancellation of registration of a political party: held earlier than the following periods:
(1)Accepting financial contributions from Pres., VP, Senators: 165 days before the
foreign governments or their agencies date of the election
(Art. IX-C, Sec. 2 (5), 1987
Constitution); Members of the House of
Representatives 75 days before the day
(2)The party is a religious sect or of
denomination, organization or association Elective Provincial, City or Municipal
organized for religious purposes (Sec. 6 Officers the election
(1), R.A. 7941);
REGISTRATION FOR PARTY-LIST
(3)The party advocates violence or
unlawful means to seek its goal (Sec. 6 Party-list system defined
(2), R.A. 7941);
- a mechanism of proportional
(4)The party is a foreign party or representation in the election of
organization (Sec. 6 (3), R.A. 7941); representatives to the House of
Representatives from national, regional and
(5)The party is receiving support from sectoral parties or organizations or coalitions
any foreign government, foreign political thereof registered with the COMELEC.
party, foundation, organization, whether Component parties or organizations of a
directly or through any of its officers or coalition may participate independently,
members or indirectly through third provided the coalition of which they form part
parties for partisan election purposes does not participate in the party-list system.
(Sec. 6 (4), R.A. 7941); (Sec. 3, R.A. 7941)
After due notice and hearing, the The COMELEC may refuse or cancel
COMELEC shall resolve the petition within 15 registration either motu proprio or upon
days from the date it was submitted for verified complaint of any interested party, after
decision, but not later than 60 days before due notice and hearing. (Sec. 6, R.A. 7941)
election. (Sec. 5, R.A. 7941)
Nomination of party-list representatives
Grounds for refusal and/or cancellation
of registration (Sec. 8, R.A. 7941)
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Each registered party, organization or (b)Withdraws his
coalition shall submit to the COMELEC a list of nomination in writing; or
not more than 5 names from which party-list (c)Becomes incapacitated
representatives shall be chosen in case it
obtains the required number of votes. This list in which case the substitute
must be submitted not later than 45 days nominee shall be placed last in
before the election. the list (Sec. 8)
•Post office address for all election The filing of the withdrawal shall not
purposes; affect whatever civil, criminal, or
administrative liabilities which a candidate may
•Profession or occupation; have incurred. (Sec. 73, BP 881)
•Having violated the prohibition The election of Reyes did not render
against release, disbursement or the administrative charges against him moot
expenditure of public funds 45 days and academic. The decision to remove him
before a regular election (or 30 was served on Reyes and thereafter became
days in the case of a special final because he failed to appeal to the Office
election) (Sec. 68e, BP 881, cf. of the President. He was therefore validly
Sec. 261v); removed from office and pursuant to the Local
Government Code, was disqualified from
•Having solicited votes or running for re-election.
undertaken any propaganda on the
day of election for or against any (3)Those convicted by final judgment for
candidate or any political party violating the oath of allegiance to the
within the polling place or within a Republic of the Philippines.
radius of 30 m. thereof (Sec. 68e,
BP 881, cf. Sec. 251cc) (4)Those with dual citizenship.
A nuisance candidate is one who files a (5)Fugitives from justice in criminal and
certificate of candidacy: non-political cases here and abroad.
Thus, COMELEC cannot procure print COMELEC poster area (Sec. 9, R.A. 9006)
space without paying just compensation
therefor. The COMELEC may authorize political
parties and party-list groups to erect common
COMELEC time poster areas for their candidates in not more
than 10 public places such as plazas, markets,
The COMELEC shall likewise air time in barangay centers and the like, wherein
at least 1 major broadcasting station or entity candidates can post, display or exhibit
in every province or city, or in the absence of propaganda. Such poster areas shall not
such entity, in any radio or TV station in said exceed 12 feet by 16 feet or its equivalent.
province or city, which shall be known as
"COMELEC time." Such COMELEC time shall be For independent candidates with no
allocated to the COMELEC free of charge, and political parties, the size of the common poster
shall be utilized exclusively by the COMELEC area must not exceed 4 feet by 6 feet or its
for public information dissemination on equivalent.
election-related concerns. (Sec. 8, R.A. 9006)
COMELEC information bulletin (Sec. 93,
Telecommunications and Broadcast B.P. 881)
Attorneys of the Philippines v. COMELEC
(289 SCRA 337) The COMELEC shall cause the printing
and supervise the dissemination of bulletins
In this case, which questioned the COMELEC's which shall contain the picture, bio-data and
power under Sec. 92, BP 881 to require TV program of government of every candidate.
stations to give air time for candidates free of
charge, the Supreme Court held that such Any candidate can reprint these
power is valid and constitutional, being an bulletins, provided it is an exact replica and
exercise of the plenary police power of the shall bear the candidate’s name who caused
State to promote the general welfare. The the reprint and the printer’s name.
Court gave the following reasons:
COMELEC official sample ballot (Sec. 185,
(1)All broadcasting, whether by radio or B.P. 881, as amended by R.A. 7904)
TV, is licensed by the government, and
the franchise issued to a broadcast At least 30 days before an election, the
station is always subject to amendment, COMELEC shall furnish every registered voter
alteration or repeal by Congress when with an unfilled official sample ballot, voter
the common good requires. There is no information sheet, and a list of all registered
better measure for the common good national, provincial and city candidates to be
than one for free airtime for the benefit voted in the said election.
not only of the candidates but even more
of the public, particularly the voters, so The information sheet shall include the
that they will be informed of the issues in voter's name, address, the precinct and the
an election, for after all, it is the right of place where he is registered, and simplified
the viewers and listeners, not of the instructions as to the casting of votes. The
broadcasters, that is paramount. names of the candidates shall be listed in
alphabetical order under their respective party
(2)The COMELEC does not take over the affiliation and a one-line statement not to
operation of radio and television stations, exceed 3 words of their occupation or
but only the allocation of airtime to the profession. Persons nominated under the
candidates, to ensure equal opportunity, party-list system shall likewise be included in
time and the right to reply, as mandated the above-mentioned list.
by the Constitution.
Public forum
(3)There are substantial distinctions in the
characteristics of the broadcast media (Sec. 9, R.A. 6646)
from those of the print media which justify
the different treatment accorded to each The COMELEC shall encourage non-
for purposes of free speech, viz: the political non-partisan private or civic
91
organization to initiate and hold in every city a petition filed by the Manila Standard and
and municipality, public for a at which all Social Weather Station, Inc. (SWS) The
registered candidates for the same office may decision, which was penned by Justice V.V.
simultaneously and personally participate to Mendoza, stated that the provision "constitutes
present, explain and/or debate on their an unconstitutional abridgment of freedom of
campaign platforms and programs and other speech, expression and the press… as it
like issues. imposes prior restraint and therefore, a direct
and total suppression of a category of
The COMELEC shall promulgate the expression even for a limited period." (Exact
rules and regulations for the holding of such to title of case and citation not available as of this
assure its non-partisan character and equality writing. See front page of Philippine Star, May
of access thereto by all candidates. 6, 2001, for details.)
During the election period, any person, •The result of the exit polls may be
natural as well as juridical, candidate or announced after the closing of the polls
organization who publishes a survey must on election day, and must clearly identify
likewise publish the following information: the total number of respondents, and
the places where they were taken. Said
•The name of the person, candidate, announcement shall state that the same
party or organization who is unofficial and does not represent a
commissioned or paid for the survey; trend.
•The name of the person, polling firm
or survey organization who conducted ABS-CBN v. COMELEC (January 28, 2000)
the survey;
•The period during which the survey In this case, the Supreme Court held
was conducted, the methodology used, that exit polls are valid. They do not violate
including the number of individual the principle of secrecy of the ballot since such
respondents and the areas from which polls are purely voluntary on the part of the
they were selected, and the specific voter and do not require him or her to reveal
questions asked; his or her ballot.
•The margin of error of the survey;
•For each question for which the ELECTION CONTRIBUTIONS &
margin of error is greater than that EXPENDITURES
reported above, the margin of error for
that question; and
Contributions
•A mailing address and telephone
number, indicating it as an address or
telephone number at which the Contributions defined
sponsor can be contacted to obtain a
written report regarding the survey in (Sec. 94a, B.P. 881)
accordance with Sec. 5.3 of R.A. 9006.
"Contribution” includes a gift, donation,
It must be noted that Sec. 5.4 which subscription, loan, advance or deposit of
prohibits the publication of surveys 15 days money or anything of value, or a contract,
(for national candidates) or 7 days (for local promise or agreement to contribute, whether
candidates) before an election was declared or not legally enforceable, made for the
unconstitutional by the Supreme Court upon purpose of influencing the results of the
elections but shall not include services
92
rendered without compensation by individuals Service, or members of the Armed
volunteering a portion or all of their time in Forces of the Philippines;
behalf of a candidate or political party.
•Foreigners and foreign corporations,
It shall also include the use of facilities
including foreign governments. (Sec.
voluntarily donated by other persons, the
96, BP 881)
money value of which can be assessed based
on the rates prevailing in the area.
It is unlawful for any person to solicit
or receive any contribution from any of the
Prohibited contributions persons or entities enumerated.
Duties of candidates and political parties Within 30 days after election day, the
candidate and the treasurer of the political
Accounting of contributions and party must file with the COMELEC duplicate
expenditures copies of the full, true and itemized statement
of all contributions and expenditures in
(Sec. 105, B.P. 881) connection with the election. (Sec. 14, R.A.
7166)
Every person receiving contributions or
incurring expenditures by authority of the This requirement to file the statement
candidate or treasurer of the party shall, on covers even those who withdrew as candidates
demand by the candidate or treasurer of the after having filed their certificates, because
party, render to the candidate or treasurer Sec. 14 of R.A. 7166 does not make any
concerned a detailed account thereof with distinction. (Pilar v. COMELEC, 245 SCRA 759)
proper vouchers or official receipts. Such
accounting must be given within 5 days after Duty of election registrar to advise
receiving such contribution or incurring such candidates of their duty
expenditure.
It is the duty of the city or municipal
election registrar to advise in writing, either by
Keeping of detailed records of
personal delivery or by registered mail, within
contributions and expenditures
5 days from the election date, all candidates to
comply with the obligation to file their
Keeping of records statements. (Sec. 14, R.A. 7166)
The Supreme Court said that the An election is constituted when there is
requirement to file the statement covers even a plurality of votes sufficient for a choice
those who WITHDREW as candidates after conditioned on the plurality of valid votes or a
having filed their certificates because sec 14, valid constituency regardless of the actually
RA 7166 does not make any distinction. number of votes cast. Otherwise, there would
be no winner.
Duties of contractors, suppliers and
It is not necessary that a majority of
business firms
voters should have elected the winning
candidate. Even if a candidate wins due to a
Persons or firms to whom any electoral minority vote, if the election is lawfully held, a
expenditure is made have the duty to: plurality of the majority is sufficient.
(a)Require every agent of a candidate or Those who did not vote are assumed to
of the treasurer of a political party to assent to the action of those who voted.
present written authority to incur
electoral expenditures in behalf of such
Failure of elections
candidate or treasurer.
Grounds for declaration of failure of
(b)Keep and preserve at its place of
elections
business for a period of 3 years after
the date of the election copies of such In the case of Joseph Peter Sison v.
written authority, contracts, vouchers, COMELEC (G.R. No. 134096, March 3, 1999),
invoices and other records and the Supreme Court said that there are only 3
documents relative to said instances where a failure of elections may be
expenditures, subject to inspection by declared, namely:
the COMELEC or its authorized
representative.
(1)Theelection in any polling place has
not been held on the date fixed on
96
account of force majeure, violence, 7166)
terrorism, fraud, or other analogous
causes; Holding of election
(2)The election in any polling place had The COMELEC shall call for the holding
been suspended before the hour fixed of the election on a date reasonably close to
by law for the closing of the voting on the date of the election not held, suspended,
account of force majeure, violence, or which resulted in a failure to elect but not
terrorism, fraud, or other analogous later than 30 days after the cessation of the
causes; and cause for such postponement or suspension of
the election or failure to elect. (Sec. 5, B.P.
881)
(3)After the voting and during the
preparation and transmission of the
election returns or in the custody or Special election
canvass thereof such election results in
a failure to elect on account of force (Sec. 4, R.A. 7166)
majeure, violence, terrorism, fraud or
other analogous causes. In case a permanent vacancy occurs in
the Senate or House of Representatives at
The causes for the declaration of a least 1 year before the expiration of the term,
failure of election may occur before or after the the COMELEC shall call and hold a special
casting of votes or on the day of the election. election to fill the vacancy not earlier than 60
(Sec. 4, R.A. 7166) days nor longer than 90 days after the
occurrence of the vacancy.
How declared
However, in case of such vacancy in
The declaration of a failure of election the Senate, the special election shall be held
is decided by the COMELEC en banc by a simultaneously with the succeeding regular
majority vote of its members. (Sec. 4, R.A. election.
7166)
CASTING OF VOTES
Procedure for declaration of failure of
elections shall be discussed in the last part of Secrecy of the Ballot
this reviewer.
The distinguishing feature of this mode
Holding or continuation of election
of voting, is that every voter is thus enabled to
secure and preserve the most complete and
The COMELEC shall call for the holding
violable secrecy in regard to the person for
or continuation of the election on a date
whom he votes, and thus escapes the
reasonably close to the date of the election not
influences which, under the system of oral
held, suspended, or which resulted in a failure
suffrages, may be brought to bear upon him
to elect but not later than 30 days after the
with a view to overbear and intimidate, and
cessation of the cause of such suspension or
thus prevent the real expression of public
failure to elect. (Sec. 6, B.P. 881)
sentiment.
Postponement of elections A legal voter will not be compelled to
disclose for whom he voted. Moreover, third
Grounds for postponement of elections persons are not permitted to testify to its
purport.
An election may be postponed by the
COMELEC either motu proprio or upon a The voter may, however, if he chooses,
verified petition by any interested party when waive his privilege of secrecy and voluntarily
there is violence, terrorism, loss or destruction disclose the contents of his ballot. Thus, it was
of election paraphernalia or records, force held in the case of ABS-CBN v. COMELEC
majeure, or other analogous cause of such a (January 28, 2000) that exit polls are valid
nature that the holding of a free, orderly and since they are voluntary and do not require a
honest election becomes impossible in any voter to reveal the contents of his or her ballot
political subdivision. (Sec. 5, B.P. 881) if he or she does not want to.
(3) In the presence of all the members (8) The voter shall then depart.
of the board of election inspectors, he
shall affix his thumbmark on the Challenge of Illegal Voters
corresponding space in the coupon, and
deliver the folded ballot to the chairman. (Sec. 199, B.P. 881)
(4) The chairman, in the presence and Any voter or watcher may challenge
view of the voter and all the members of any person offering to vote for not being
the board of election inspectors, without registered, for using the name of another or
unfolding the ballot or seeing its contents, suffering from existing disqualification. In such
shall verify its number from the voting case, the board of election inspectors shall
record where it was previously entered. satisfy itself as to whether or not the ground
for the challenge is true by requiring proof of
Any ballot whose number registration or the identity of the voter.
does not coincide with the
number of the ballot No voter shall be required to present
delivered to the voter, as his voter's affidavit on election day unless his
entered in the voting record, identity is challenged. His failure or inability to
shall be considered as spoiled produce his voter's affidavit upon being
and shall be so marked and challenged, shall not preclude him from voting
signed by the members of the if his identity be shown from the photograph,
board of election inspectors. fingerprints, or specimen signatures in his
approved application in the book of voters or if
(5) The voter shall affix his he is identified under oath by a member of the
thumbmark by the side of his signature in board of election inspectors and such
the space intended for that purpose in the identification shall be reflected in the minutes
voting record and the chairman shall of the board.
apply silver nitrate and commassie blue
on the right forefinger nail or on any other Challenge Based on Certain Illegal Acts
available finger nail, if there be no (Sec. 200, B.P. 881)
forefinger nail.
Any voter or watcher may challenge any voter
(6) The chairman shall sign in the offering to vote on any of the following
proper space beside the thumbmark of the grounds:
voter.
•that the challenged person has
Note that the absence of
received or expects to receive,
the signature of the
has paid, offered or promised to
chairman in the ballot
pay, has contributed, offered or
given to a voter as proof
promised to contribute money or
of the authenticity of the
anything of value as
ballot, is fatal.
consideration for his vote or for
the vote of another;
(7) The chairman, after finding
everything to be in order, shall then
•that he has made or received a
detach the coupon in the presence of the
promise to influence the giving
board of election inspectors and of the
or withholding of any such vote;
voter and shall deposit the folded ballot in
or
the compartment for valid ballots, and the
detached coupon in the compartment for
•that he has made a bet or is
spoiled ballots.
interested directly or indirectly in
a bet which depends upon the
Any ballot
result of the election.
101
•number of valid ballots
The challenged person shall take a retrieved from the
prescribed oath before the board of election compartment for spoiled
inspectors that he has not committed any of ballots, if any;
the acts alleged in the challenge. Upon the •number of ballots found
taking of such oath, the challenge shall be folded together, if any;
dismissed and the challenged voter shall be •number of spoiled ballots
allowed to vote, but in case of his refusal to withdrawn from the
take such oath, the challenge shall be compartment for valid
sustained and he shall not be allowed to vote. ballots;
•number of excess ballots;
Non-conclusiveness of admission of •number of marked ballots;
challenged vote (Sec. 201, B.P. 881) •number of ballots read and
counted;
It must be noted that the admission of
•time the election returns
the challenged vote shall not be conclusive
were signed and sealed in
upon any court as to the legality of the
their respective special
registration of the voter challenged or his vote
envelopes;
in a criminal action against such person for
•number and nature of
illegal registration or voting.
protests made by watchers;
•such other matters that the
Records or Statements to be Prepared
Commission may require.
and Kept
Copies of this statement after being duly
Record of Challenges and Oaths accomplished shall be sealed in separate
envelopes and shall be distributed as follows:
The poll clerk shall keep a prescribed
record of challenges and oaths taken in •the original to the city or
connection therewith and the resolution of the municipal election registrar;
board of election inspectors in each case and, •the second copy to be
upon the termination of the voting, shall certify
deposited inside the
that it contains all the challenges made.
compartment for valid ballots
of the ballot box;
The original of this record shall be
attached to the original copy of the minutes of •the third and fourth copies
the voting as provided in the succeeding to the representatives of the
section. (Sec. 202, B.P. 881) accredited political parties.
(Sec. 203, B.P. 881)
Minutes of Voting and Counting of Votes
List of Unused Ballots
The board of election inspectors shall
prepare and sign a statement in four copies The chairman of the board of election
setting forth the following: inspectors shall prepare a list showing the
number of unused ballots together with the
•time the voting commenced serial numbers.
and ended;
•serial numbers of the official This list shall be signed by all the
ballots and election returns, members of the board of election inspectors,
special envelopes and seals after which all the unused ballots shall be torn
received; halfway in the presence of the members of the
•number of official ballots board of election inspectors. (Sec. 204, B.P.
used and the number left 881)
unused;
•number of voters who cast COUNTING OF VOTES
their votes;
•number of voters challenged The counting of votes is conducted by
during the voting; the Board of Election Inspectors, which shall
•names of the watchers not adjourn or postpone or delay the count
present; until it has been fully completed, unless
•time the counting of votes otherwise ordered by the COMELEC.
commenced and ended;
•number of official ballots Counting proper
found inside the compartment
for valid ballots; Counting to be Public and Without
102
Interruption simultaneously with the counting of
the votes.)
As soon as the voting is finished, the
board of election inspectors shall publicly count 5.After finishing the first pile of
in the polling place the votes cast and ballots, the board of election
ascertain the results. The Board shall not inspectors shall determine the total
adjourn or postpone or delay the count until it number of votes recorded for each
has been fully completed, unless otherwise candidate, the sum being noted on
ordered by the COMELEC. the tally board or sheet and on the
election returns. In case of
Venue for counting of votes discrepancy such recount as may be
necessary shall be made. The
The COMELEC in the interest of free, ballots shall then be grouped
orderly, and honest elections, may order the together again as before the
board of election inspectors to count the votes reading. Thereafter, the same
and to accomplish the election returns and procedure shall be followed with the
other forms prescribed under the Omnibus second pile of ballots and so on
Election Code in any other place within a public successively.
building in the same municipality or city. The
public building shall not be located within the 6.After all the ballots have been
perimeter of or inside a military or police camp read, the board of election
or reservation nor inside a prison compound. inspectors shall sum up the totals
recorded for each candidate, and
If it becomes necessary to transfer the the aggregate sum shall be
counting of votes to a safer place on account of recorded both on the tally board or
imminent danger of violence, terrorism, sheet and on the election returns.
disorder or similar causes, the Board of
Election Inspectors may effect such transfer by 7.It shall then place the counted
unanimous approval by the Board and ballots in an envelope provided for
concurrence by the majority of the watchers the purpose, which shall be closed
present. (Sec. 18, R.A. 6646) signed and deposited in the
compartment for valid ballots.
Manner of Counting Votes
8.The tally board or sheet as
1.The board of election inspectors accomplished and certified by the
shall unfold the ballots and form board of election inspectors shall
separate piles of one hundred not be changed or destroyed but
ballots each, which shall be held shall be kept in the compartment
together with rubber bands, with for valid ballots.
cardboard of the size of the ballots
to serve as folders. Duties of the Board of Election Inspectors
in Counting the Votes
2.The chairman of the board of
election inspectors shall take the The board’s duties are confined to the
ballots of the first pile one by one conduct of the elections and the counting of
and read the names of candidates votes. The board of election inspectors does
voted for and the offices for which not decide the eligibility of candidates, and
they were voted in the order in therefore has no authority to ignore the votes
which they appear thereon, for a candidate who has filled out his certificate
assuming such a position as to of candidacy in the proper form.
enable all of the watchers to read
such names. Counting should be liberal to effectuate
the will of the electorate. Voters should not be
3.The chairman shall sign and affix disenfranchised for technical causes.
his right hand thumbmark at the
back of the ballot immediately after It is the duty of the board of election
it is counted. inspectors to issue a certificate of the number
of the votes received by a candidate upon
4.The poll clerk, and the third request of the watchers. All the members of
member, respectively, shall record the board of election inspectors shall sign the
on the election returns and the tally certificate.
board or sheet each vote as the
names voted for each office are Marked Ballots
read. (The election returns are
mandated by law to be prepared Marked ballots defined
103
Marked ballots are ballots containing a •Where 170 ballots were voted for in the
distinguishing mark which would tend to
same manner and there is evidence aliunde
identify the voter who cast such ballot.
to prove that such manner of voting was
planned.
Purpose of Disallowing Marked Ballots
•Where the name of 1 candidate is clearly
Some unscrupulous persons taking
and markedly indented to the right to make
advantage of their influence or political
the ballot easily distinguishable.
prestige may require voters to place a
distinguishing “mark” on their ballot, in
•Use of two or more kinds of writing
consideration of some promise, reward or
deliberately put by the voter to serve as
other valuable consideration and to which the
identification marks.
voters would have no escape because of the
distinguishing marks required of them to place
•Writing the name of a person who is not a
on their ballots. This threatens the
independence of the voters in the exercise of candidate 3 times on 3 spaces provided for
their right to vote. Hence, the prohibition on in different offices.
marked ballots.
•Expressions opposite the space for
Effect of Marked Ballots candidates written for the purpose of
identification.
Marked ballots are invalidated in their
entirety, and none of the votes therein are •The inclusion of the names of 2 well-
counted. known movie stars who were not
candidates.
Determination of Marked Ballots
•Writing the name of a registered voter who
In discounting marked ballots, great is not a candidate.
care should be used in rejecting them. Election
laws are designed to effectuate the will of the •The placing, without explanation of initials,
electorate. Only in an unmistakable case where after the corrected names of candidates for
the ballot appeared to be marked, should it be mayor and vice-mayor.
rejected.
•Placing a big letter “X” immediately after
The determinative factor in the the name of a candidate for councilor.
nullification of ballots for being marked as
following a design or pattern, is the existence •The capital letter “N” opposite the printed
of evidence aliunde tending to show the words for senators.
intention or purpose in the use of the
contested manner or means of voting, which is •Writing the word “sinador” in a place far
to identify the ballots. In the absence of and separate from the proper spaces for
evidence aliunde clearly showing the intention candidates.
or plan was for purposes of identification, signs
on ballots are presumed accidental. •Writing impertinent, irrelevant and
unnecessary expression
A majority vote of the board of election
inspectors shall be sufficient to determine •Placing the fingerprint of the voter without
whether a ballot is marked or not. reason.
All marked ballots shall be placed in an •The presence of an arrow together with
envelope labeled "marked ballots" which shall the words “and party”.
be sealed and signed by the members of the
board of election inspectors and placed in the Instances when Ballot is not Considered
compartment for valid ballots and shall not be Marked
counted.
The following ballots have been considered
Instances of Marked Ballots NOT marked:
Non-official ballots which the board of •Writing the word “sorry” after the name of
election inspectors may find, EXCEPT those
a candidate as an expression of regret for
which have been used as emergency
committing a mistake.
ballots, are considered as marked ballots.
Other examples of marked ballots include the
•Canceling names and re-writing them to
following:
conform with a sample ballot.
104
must be disregarded.
•Misspelling the name of a candidate.
Sanchez vs. COMELEC ( 153 SCRA 67)
•Illegible writings, being imprints of other
names written on the ballot caused by the Appreciation of ballots is a function of
folding of the same. the BEI, not the Board of Canvassers.
•Writing crosses and circles signifying the Bautista vs. Castro ( 206 SCRA 305)
desistance of the voter to write any other
name. In appreciating a ballot, the object
should be to ascertain and carry into effect the
•Writing a word before the name of a intention of the voter if it can be determined
candidate as an appellation of affection or with reasonable certainty.
friendship.
Rules for Appreciation of Ballots (Sec.
•Affixing the nickname of a candidate. 211, BP 881)
•Innocent erasures in the spaces for the Every ballot shall be PRESUMED VALID UNLESS
there is clear and good reason to reject it.
candidates.
Errors in spelling, honest mistakes due Only candidates’ FIRST Vote counted in
to ignorance or illiteracy should not defeat the NAME is written which when favor of the
intention of the voter. However, if the ballot is read has a SOUND SIMILAR candidate with
so defective as to fail to show any intention, it to the SURNAME of another such SURNAME
105
candidate candidate for the
office for which
If there are 2 or more he is running for.
candidates with the SAME
FULL NAME, FIRST NAME or
SURNAME, and one of them Vote counted for Vote for the
is the INCUMBENT, and on the INCUMBENT space of the ballot for an office for which
the ballot is written ONLY office for which he is a he is NOT a
such full name, first name candidate and for an office candidate shall
or surname for which he is NOT a be considered a
candidate STRAY vote
A ballot bearing EXCEPT when it
Woman candidate uses her only such is used to
MAIDEN NAME or MARRIED surname shall be identify the
NAME or BOTH, and there is counted in favor voter in which
another candidate with the of the candidate case the whole
SAME SURNAME who is an ballot is VOID.
INCUMBENT.
Name of a candidate is NOT
Vote shall NOT written in the PROPER
be counted for SPACE on the ballot but is Vote counted for
any of them PRECEDED by the name of the candidate
2 or more words are written UNLESS one is the OFFICE for which he is
on the SAME LINE on the the surname of a candidate
ballot, and ALL of which are the incumbent
the SURNAMES of 2 or who has served Vote counted in
MORE CANDIDATES for at least 1 Words written on the favor of that
year – counted APPROPRIATE BLANK on candidate to
for the the ballot is the IDENTICAL whose ticket
INCUMBENT NAME or SURNAME or FULL belong all the
NAME of 2 or MORE other candidates
2 or more words are written candidates for the SAME voted for in the
on DIFFERENT LINES on the OFFICE, none of whom is same ballot for
ballot, ALL of which are the the incumbent the same
SURNAMES of 2 MORE constituency.
CANDIDATES bearing the Vote counted in
same surname for an favor of ALL PREFIXES such as "Sr.",
OFFICE of r which the law CANDIDATES "Mr.", "Datu", "Don", PREFIXES AND
authorizes the election of bearing the "Ginoo", "Hon.", "Gob." or SUFFIXES are
MORE THAN ONE and there surname SUFFIXES like "Hijo", "Jr.", valid
are the SAME NUMBER of "Segundo"
such SURNAMES written as
Considered as
there are candidates with
signs of his
that surname CIRCLES, CROSSES, LINES
desistance from
on spaces which the voter
1 word is written on the voting and shall
has not voted
ballot which is the FIRST Vote counted for NOT invalidate
NAME of a candidate and the OPPONENT the ballot
which is also the SURNAME (SURNAME)
Space in the ballot appears
of his opponent Vote counted for
a NAME of a candidate that
the one CLEARLY
2 words written on the is ERASED and another
WRITTEN
ballot, 1 of which is the CLEARLY WRITTEN
Vote shall NOT
FIRST NAME of the
be counted for ACCIDENTAL tearing or Shall NOT annul
candidate and the other is
either perforation of the ballot it
the SURNAME of his
opponent Failure to remove the
Shall NOT annul
DETACHABLE COUPON from
Name or surname the ballot
the ballot
INCORRECTLY WRITTEN
which when READ has a Vote counted in Erroneous initial of FIRST
SOUND SIMILAR to the favor of such a NAME accompanied by Shall NOT annul
name or surname of a candidate CORRECT SURNAME of the the vote
candidate when correctly candidate
written (Idem sonans rule)
Erroneous initial of Shall NOT annul
Name or surname of a Vote shall be SURNAME accompanied by the vote
candidate appears in the counted for the CORRECT FIRST NAME of
106
the candidate FIRST WRITTEN
by the voter
Shall NOT annul
Erroneous MIDDLE INITIAL until the
the vote authorized
The fact that there exists number is
another person who is NOT covered
Shall NOT annul
a candidate with the same
the vote VALID (to read
first name or surname of a such ballots, the
candidate board of election
COMMAS, DOTS, HYPHENS Ballots totally written in inspectors can
between the first name and ARABIC in localities where use an
surname of the candidate it is of GENERAL USE interpreter who
or on other parts of the Shall NOT has shall taken
ballot invalidate the an oath to read
ballot UNLESS it them correctly)
clearly appears
Traces of letter “T” or “J” or that they were
Note that a vote for the President is no
similar ones deliberately put
longer considered a vote for the Vice-President
by the voter as
running under the same ticket as the 1987
IDENTIFICATION
First letters or syllables of Constitution already prohibits block voting.
marks in which
names which the voters (Although the party-list system may be
case, the ballot
does not continue deemed as an exemption to that prohibition.)
is VOID
UNINTENTIONAL or
ACCIDENTAL flourishes, Election Returns
strokes, strains
Definition
Shall NOT annul
the vote EXCEPT
NICKNAMES and The election returns are the official
when such is
APPELATIONS of affection document containing the date of the election,
used to identify
and friendship accompanied the province, municipality and the precinct in
the voter in
by the FIRST NAME or which it is held, and the votes received by each
which case, the
SURNAME of the candidate candidate written in figures and in words. It is
whole ballot is
the document on which the Certificates of
VOID
Canvass are based, and is the only document
NICKNAME used is one by Vote counted for that constitutes sufficient evidence of the true
which the candidate is the candidate IF and genuine results of the elections. (See
generally or POPULARLY there is no other Garay v. COMELEC, 261 SCRA 222)
KNOWN in the locality and candidate for the
UNACCOMPANIED by a first SAME OFFICE Number of Copies and Their Distribution
name or surname of the with the SAME
candidate NICKNAME (Sec. 27, R.A. 7166, as amended by R.A. 8045
and R.A. 8173)
Vote NOT
counted in favor The board of election inspectors shall
of any candidate prepare in their handwriting the returns in their
CORRECTLY written FIRST having such first polling places, in the number of copies herein
NAME of the candidate with name BUT the provided and in the form to be prescribed and
a DIFFERENT SURNAME ballot is provided by the COMELEC.
considered valid
for other In the election of President, Vice-
candidates President, Senators, and Members of the
Vote NOT House of Representatives, the copies of the
counted in favor election returns shall be distributed as follows:
2 or more candidates are
of any of them
voted for an office which 1st Copy: City or municipal board of canvassers
BUT the ballot is
the law authorizes election 2nd Copy: Congress, directed to the Senate
considered valid
of only ONE President
for other
candidates 3rd Copy: COMELEC
4th Copy: Dominant majority party, as
Candidates voted for Valid ballot BUT determined by the COMELEC
EXCEED the number of the votes 5th Copy: Dominant minority party, as
those to be elected counted are determined by the COMELEC
those names 6th Copy: Citizens' arm authorized by the
which were COMELEC to conduct an unofficial
107
count
7th Copy: Deposited inside the compartment of The Certificate of Votes is evidence
the ballot box for valid ballots likewise of the votes obtained by the
candidates. (Balindong v. COMELEC, 27 SCRA
In the election of local officials, the 567) However, it was held in the case of
copies of the election returns shall be Garay v. COMELEC (261 SCRA 222) that a
distributed as follows: Certificate of Votes can never be a valid basis
for canvass, and does not constitute sufficient
1st Copy: City or municipal board of canvassers evidence of the true and genuine results of the
2nd Copy: COMELEC elections; only election returns are.
3rd Copy: Provincial board of canvassers
4th Copy: Dominant majority party, as Failure to present any certificate of
determined by the COMELEC votes shall be a bar to the presentation of
5th Copy: Dominant minority party, as other evidence to impugn the authenticity of
determined by the COMELEC the election returns. (Sec. 17, R.A. 6646)
6th Copy: Citizens' arm authorized by the
COMELEC to conduct an unofficial CANVASS
count
7th Copy: Deposited inside the compartment of
Canvass and Certificate of Canvass
the ballot box for valid ballots
defined
Announcement of Results of Elections
The canvass of votes refers to the
process by which the results in the election
The chairman of the Board of Election returns are tallied and totaled.
Inspectors shall make an ORAL and PUBLIC
ANNOUNCEMENT of the TOTAL number of Certificates of canvass are official
votes in the polling place for EACH candidate tabulations of votes accomplished by district,
by the upon the completion of the election municipal, city and provincial canvassers based
returns. on the election returns, which are the results
of the ballot count at the precinct level.
Issuance of the Certificate of Votes
Nature of canvass proceedings
Certificate of votes defined
Canvass proceedings are
The certificate of votes is a document administrative and summary in nature.
which contains the number of votes obtained
by each candidate written in words and figures, A majority vote of all the members of the
the number of the precinct, the name of the board shall be necessary to render a decision.
city or municipality and province, the total (Sec 255 BP 881)
number of voters who voted in the precinct,
and the date and time issued. It must be Any registered political party, coalition of
signed and thumb marked by each member of parties, through their representatives, and any
the Board. (Sec. 16, R.A. 6646) candidate has a right to be present and to
counsel during the canvass of election returns.
Duty of Board to issue certificate They shall have the right to examine the
returns being canvassed without touching
It is the duty of the board of election them, to make their observations thereon, and
inspectors to issue a certificate of the number file their charges in accordance with the rules
of the votes received by a candidate upon and regulations of the COMELEC. ( sec 25, RA
request of the duly-accredited watchers. (Sec. 6646)
16, R.A. 6646) Refusal to do so constitutes an
election offense. (Sec. 27, R.A. 6646) It shall be unlawful for any officer or
member of the AFP, including the national
Admissibility in evidence police, or any peace officer or any armed or
unarmed persons belonging to an extra-legal
The certificate of votes is admissible in police agency, special forces, reaction forces,
evidence to prove tampering, alteration, strike forces, home defense forces, barangay
falsification or any anomaly committed in the self defense units, etc. to enter the room
election returns concerned, when duly where the canvassing of the election returns
authenticated by testimonial or documentary are held, and within a radius of 50 meters from
evidence presented to the Board of Canvassers such room. ( sec 232, BP881)
by at least 2 members of the Board of Election
Inspectors who issued the certificate. This is Grand Alliance for Democracy vs.
notwithstanding the provisions of Secs. 235 COMELEC ( 150 SCRA 665)
and 236 of BP 881.
108
Where it has been determined by the The COMELEC may order the
COMELEC that actual voting and election by annulment of the certificate of canvass which it
the registered voters had taken place, the found to be tampered after examining the
election returns can not be disregarded and copies of the election returns of the municipal
excluded – with the corresponding judge and COMELEC – because all the copies of
disenfranchisement of voters – but must be the election returns are original copies
accorded prima facie status as bona fide although the copy of the Municipal Board of
reports of the result of the voting for Canvassers is the original copy.
canvassing and proclamation purposes. The
summary nature of the proceedings require Sec 15 RA 7166, does not specify that
that written objections ( to the returns) be filed the COMELEC shall use the copy of the election
only during this stage, because it is only at this return of the Municipal Board of Canvassers in
time that the inclusion or exclusion of any correcting a manifest error.
return is in issue; mere allegations of duress,
coercion, fraud, can not invalidate the election Composition of the Board of Canvasser
returns which are otherwise clean on their
face.
(Sec. 221, BP 881, as amended by Sec. 20, RA
Mastura vs. COMELEC (285 SCRA 493)
6646)
However, in case of non-availability, absence, of the Board of Canvassers, the COMELEC may
disqualification due to relationship, or appoint the following as substitutes, in the
incapacity for any cause of any of the members order named:
Chairman Ranking lawyer of the Ranking lawyer of the Ranking lawyer of the
COMELEC COMELEC COMELEC
Member Same as for Vice-Chairman Same as for Vice-Chairman Same as for Vice-Chairman
When Ministerial
The COMELEC shall have direct control and The canvass proceedings must be open
supervision over the board of canvassers. and in public.
During the canvass, the Board of A majority vote of all the members of
Canvassers prepares the Statement of Voters, the Board of Canvassers is needed in order to
which is tabulation per precinct of the votes render a decision.
obtain by the candidates as reflected in the
election returns. It is this Statement of Votes Period to Complete Canvass
which forces the basis of the certificate of
canvass and of the proclamation. Subject to reasonable exceptions, the
Board of Canvassers is required to complete attempts to paralyze the canvassing and
their canvass within the following periods: proclamation.
Any violation of this requirement is an The Supreme Court can review the
election offense. (Sec. 231, B.P. 881) decisions of COMELEC ONLY in cases of grave
abuse of discretion in the discharge of QUASI-
Canvassing Committees (Sec. 22, R.A. JUDICIAL POWERS and not in the exercise of
6646) its administrative duties.
Preparation of the Certificate of Canvass candidates who obtained the highest number
and Statement of Votes of votes cast in the province, city, municipality
or barangay. (Sec. 231, B.P. 881)
Certificate of canvass
Failure to comply with this requirement
The respective board of canvassers shall constitute an election offense.
shall prepare a certificate of canvass duly
signed and affixed with the imprint of the Statement of votes
thumb of the right hand of each member,
supported by a statement of the votes received The statement of votes is a tabulation
by each candidate in each polling place and, on per precinct of votes garnered by candidates
the basis thereof, shall proclaim as elected the as reflected in the election
returns; its preparation is an administrative supervision.
function of the board, purely a mechanical act
over which COMELEC has direct control and The Statement of Votes supports the
certificate of canvass and is the basis of 1st copy: Congress, directed to the
proclamation. Consequently, any error in the Senate President for use in the
Statement of Votes would affect the canvass of election results for
proclamation made on the basis thereof. President and Vice-President
Failure to object to the Statement of 2nd copy: COMELEC, for use in the
Votes before the Board of Canvassers does not canvass of the election results
constitute a bar to raising the issue for the first for Senators
time before the COMELEC, as the law is silent
as to when such objection may be raised. 3rd copy: To be kept by the chairman of
the board of canvassers
Number of Copies of the Certificates of
Canvass and Their Distribution (Sec. 29, 4th copy: Citizens' arm designated by the
R.A. 7166) COMELEC to conduct media-
based unofficial count
City or Municipal Board of Canvassers:
5th to 7th copies: Representatives of any
The City or Municipal Board of 3 of 6 major political parties
Canvassers shall prepare the certificates of according to the voluntary
canvass for President, Vice-President, agreement of the parties; if
Senators, Members of the House of there is no agreement,
Representatives, and Elective Provincial COMELEC shall decide based on
Officials in 7 copies to be distributed as the criteria under sec. 26 of RA
follows: 7166
Proclamation of a Lone Candidate (R.A. WHO MAY FILE: Any registered candidate for
8295) the same office
(1)False material representation in the
WHEN FILED: Within 5 days from the last certificate of candidacy;
day for the filing of certificates of
candidacy (2)If the certificate filed is a substitute
Certificate of Candidacy, when it is not a
WHERE FILED: With the COMELEC proper case of substitution under Sec. 77
of BP 881 (Sec. 2, Rule 24, COMELEC
PROCEDURE: Rules of Procedure)
Where the Certificate of Votes shows Jurisprudence has held that the
tampering, alteration and falsification, or any following issues are not proper in a pre-
other anomaly in the preparation of the proclamation controversy:
election return, the Comelec should order a
recount of the votes cast in the precinct, after •Appreciation of ballots, as this is
determining that the ballot box has not been performed by the Board of Election
tampered with. The failure of the Comelec to Inspectors at the precinct level and is not
do so, after excluding the return, will result in part of the proceedings of the Board of
the disenfranchisement of the voters in the Canvassers (Sanchez v. COMELEC, 153
particular precinct. SCRA 67, reiterated in Chavez v.
COMELEC, 211 SCRA 315);
Canvassers.
•Technical
examination of the signatures
and thumb marks of voters (Balindong v. (b)If the petition is for correction, it
COMELEC, 260 SCRA 494; Matalam v. must be filed not later than 5 days
COMELEC, 271 SCRA 733); following the date of proclamation,
and must implead all candidates who
may be adversely affected thereby.
•Prayer for re-opening of ballot boxes
(Sec. 5(b), Rule 27, COMELEC Rules
(Alfonso v. COMELEC, G.R. No. 107847, of Procedure)
June 2, 1994);
PROCEDURE:
•Padding of the Registry List of Voters of
a municipality, massive fraud and If filed with the Board first:
terrorism (Ututalum v. COMELEC, 181
SCRA 335); (1)Petitioner submits his / her objection
to the chairman of the board of
•Challengesdirected against the Board of canvassers.
Election Inspectors (Ututalum v.
(2)The Board makes its ruling.
COMELEC, supra)
(3)Within 3 days from the ruling, the
•Fraud, terrorism and other illegal parties adversely affected may appeal
electoral practices. These are properly the matter to the COMELEC.
within the office of election contests over
which electoral tribunals have sole, (4)Upon appeal, the COMELEC shall
exclusive jurisdiction. (Loong v. summarily decide the case within 5
COMELEC) days from the filing thereof. (Sec. 19,
R.A. 7166)
The procedure for filing a pre- (1)Petitioner files petition with the
proclamation controversy depends on the COMELEC.
issue being raised:
(2)Upon the docketing of such petition,
(a)Questions involving the composition or the Clerk of Court concerned shall issue
proceedings of the board of canvassers, or summons with a copy of the petition to
correction of manifest errors respondents.
WHERE: The controversy may be initiated (3)The Clerk of Court concerned shall
either in the Board of Canvassers immediately set the petition for
or directly with the COMELEC. hearing. The COMELEC shall hear and
(Sec. 17, R.A. 7166) decide the petition en banc.
(5)Upon receipt of the evidence, the The period to file an election contest
Board considers the objection and the shall be SUSPENDED during the pendency of
opposition, and summarily rules on the the pre-proclamation contest in the COMELEC
objection. The Board then enters its or the Supreme Court. (Alangdeo v.
ruling on the prescribed form and COMELEC, June 1989)
authenticates the same by entering the
signatures of all its members. The right of the prevailing party in the
pre-proclamation contest to the execution of
(6)The parties adversely affected by the COMELEC’s decision does not bar the losing
ruling immediately inform the Board if party from filing an election contest.
they intend to appeal the ruling. Such
information is then entered in the Despite the pendency of a pre-
minutes of canvass. proclamation contest, the COMELEC may order
the proclamation of other winning candidates
(7)The Board then sets aside the returns whose election will not be affected by the
and proceeds to consider the other outcome of the controversy.
returns. The Board then suspends the
Effect of proclamation of winning candidate makes a pre-proclamation
candidate controversy no longer viable. The remedy is
an election protest, but this is only true where
A pre-proclamation controversy shall there is a valid proclamation or where the
no longer be viable after the proclamation and proclamation is based on a complete canvass.
assumption into office by the candidate whose Where it is claimed that there was an
election is contested. The remedy is an incomplete canvass or that certain returns
election protest before the proper forum. should have been omitted because they were
(Mayor v. COMELEC, January 1989) manufactured and other returns cannot be
included because they have been irretrievably
The prevailing candidate may still be lost, the pre-proclamation controversy should
unseated even though he has been proclaimed still be continued despite the proclamation of
and installed in office if: the supposed winner. COMELEC may in such a
pre-proclamation controversy determine if the
1.The opponent is adjudged the true proclamation should be annulled.
winner of the election by final judgment
of court in an election contest; The proclamation of the winner does
not prevent COMELEC from continuing with the
2.The prevailing party is declared pre-proclamation controversy against the
ineligible or disqualified by final winner and after annulling its proclamation.
judgment of a court in a QUO
WARRANTO case; or PETITION TO ANNUL OR SUSPEND
PROCLAMATION
3.The incumbent is removed from office
for cause. The filing with the COMELEC of a
petition to annul or to suspend proclamation
Abella v. Larrazabal suspends the running of the period to file an
election protest. (Alangdeo v. COMELEC, June
Pre-proclamation controversies are 1989)
summary in nature. The policy behind election
law is that pre-proclamation controversies No law provides for a reglementary
should be summarily decided, consistent with period within which to file a petition for the
the law’s desire that the canvass and annulment of an election if there is as yet no
proclamation be delayed as little as possible. proclamation. (Loong v. COMELEC, 257 SCRA
Thus, questions as to the appreciation of 1)
ballots and the conduct of the campaign and
balloting, which require more deliberate and There is no fixed time frame within
necessarily longer consideration are proper for which to file a petition to annul a proclamation,
an election contest. the same being limited only by the standard of
reasonableness.
The dismissal of a pre-proclamation
controversy does not mean that the DECLARATION OF FAILURE OF ELECTION
disqualification case is moot and academic.
The two are independent of each other. The
Nature of petition to declare a failure of
purpose of the pre-proclamation controversy is
election
to ascertain the winners in the elections on the
basis of election returns duly authenticated by
the board of inspectors and admitted by the A petition to declare a failure of
board of canvassers. The purpose of the election is neither an election protest nor a
disqualification proceeding is to prevent the pre-proclamation controversy. (Borja v.
candidate from running, or if elected, from COMELEC, 260 SCRA 604)
serving, or to prosecute him for violation of
election laws. The mere fact that a candidate Grounds for declaration
has been proclaimed does not signify that his
disqualification is deemed condoned and may See discussion under Election Proper.
no longer be the subject of a separate
investigation. Jurisdiction of COMELEC
Agbayani v. COMELEC
The COMELEC, sitting en banc, may
declare a failure of election by a majority vote
The proclamation of a winning
of its members. (Sec. 4, R.A. 71660
evidence to any of its officials who are
The COMELEC, in the case of actions for members of the Philippine Bar.
annulment of election results or declaration of
failure of elections, may conduct technical (5)The COMELEC then decides whether to
examination of election documents and grant or deny the petition. This lies within
compare and analyze voters' signatures and the exclusive prerogative of the COMELEC.
fingerprints in order to determine whether or
not the elections had indeed been free, honest DISQUALIFICATION CASES
and clean. (Loong v. COMELEC, supra)
Grounds for disqualification
Requisites for the declaration of failure of
election
See discussion under Certificates of Candidacy.
Before the COMELEC can act on a
Priority of disqualification cases
verified petition seeking a declaration of failure
of election, the following conditions must
concur: The COMELEC and the courts shall give
priority to cases of disqualification for violation
(1)No voting has taken place in the of the Omnibus Election Code, to the end that
precincts concerned on the date fixed by a final decision shall be rendered not later than
law, or even if there was voting, the 7 days before the election in which the
election nonetheless resulted in a failure disqualification is sought. (Sec. 72, BP 881)
to elect; and
Procedure
(2)The votes cast would affect the
results of the election. (Mitmug v. WHO MAY FILE: Any citizen of voting age, or
COMELEC, 230 SCRA 54; Loong v. Any duly registered political
COMELEC, supra; Hassan v. COMELEC, party, organization or
264 SCRA 125) coalition of political parties
The election is only to be set aside WHERE: Law Department of the COMELEC
when it is impossible from any evidence within
reach to ascertain the true result – when WHEN: Any day after the last day for filing of
neither from the returns nor from other proof certificates of candidacy, but
can the truth be determined (i.e. where the not later than the date of
illegality affects more than 50% of the total proclamation
number of votes cast and the remainder does
not constitute a valid constituency). Effect of disqualification case
(4)The COMELEC proceeds to hear the The fact that the candidate who
petition. The COMELEC may delegate the obtained the highest number of votes is later
hearing of the case and the reception of declared to be disqualified or not eligible for
the office to which he was elected, does not
necessarily entitle the candidate who obtained an election protest.
the second highest number of votes to be
declared the winner of the elective office. Balindong vs Comelec (260 SCRA 494)
Decisions, final orders, or rulings of the Within 10 days from proclamation of the
COMELEC on election contests involving results of the election
elective municipal and barangay offices shall
be final, executory and not appealable. (Sec. Where, after 5 days from the
2, Art. IX-C, 1987 Constitution) Note, proclamation of the winning candidate,
however, that this does not preclude a recourse the loser files a motion for reconsideration
to the Supreme Court by way of a special civil in the pre-proclamation controversy, there
action for certiorari. (Galido v. COMELEC, 193 are only 5 days which remain of the
SCFA 78) period within which to file an election
protest. (Roquero v. COMELEC, 289
Regional and Municipal Trial Courts SCRA 150)
(3)Protestee must file an answer within 5 days In the exercise of its exclusive
from service of summons and a copy of the appellate jurisdiction, the Comelec has the
petition. The protestee may incorporate in his power to issue writs of prohibition, mandamus
answer a counter-protest or counterclaim. or certiorari, because the last par. of sec. 50 BP
697 is still in full force and effect and has not
The COMELEC may not entertain a counter- been repealed nor amended by BP 881.
protest filed beyond the reglementary (abandons Veloria and Garcia)
period to file the same. (Kho v. COMELEC,
G.R. No. 124033, Sept. 25, 1997) Galido vs. Comelec (193 SCRA 78)
(4)Protestant has 5 days from receipt of the The fact that decisions, final orders or
answer or answer with counterclaim or rulings of the Comelec in appealed cases
counter-protest to file his reply or answer to involving elective municipal and barangay
counter-protest or counterclaim, respectively. officials are final, executory and unappealable
does not preclude a recourse to the Supreme
If no answer is filed to the protest or Court by way of a special civil action for
counter-protest, a general denial is certiorari. (But only when Comelec’s factual
deemed to have been entered. determination is marred by grave abuse of
discretion = Alvarez vs. Comelec)
(5)After the issues have been joined, the case
shall be set for hearing and presentation and Puzon vs. HRET (Feb. 1989)
reception of evidence.
The Supreme Court declared the
review of a decision of the Electoral Tribunal is
(6)After the case has been submitted for
possible only in the exercise of supervisory or
decision, the COMELEC shall render its
extraordinary jurisdiction, and only upon
decision. If the case is being heard by a
showing that the Tribunal’s error results from a
Division, the case shall be decided within 10
whimsical, capricious, unwarranted, arbitrary
days. If it is being heard by the COMELEC en
or despotic exercise of power.
banc, it shall be decided within 30 days.
Lazatin vs. HRET (168 SCRA 391)
(7)The decision of a division becomes final and
executory after the lapse of 15 days following
For purposes of election contests
its promulgation. The aggrieved party may file
cognizable by the Electoral Tribunal, the HRET
a timely motion for reconsideration within 5
rules of procedure shall prevail over the
days from promulgation of the decision on the
provisions of the Omnibus Election Code.
grounds that the evidence is insufficient to
justify the decision; or that the said decision is
contrary to law. B.For protests filed with the Regional Trial
Courts (Rule 35, COMELEC Rules of Procedure)
For the COMELEC en banc, the decision
becomes final and executory 30 days from (1)Protestant files a verified petition with the
its promulgation. RTC within 10 days from proclamation.
Veloria vs Comelec (211 SCRA 907) (2)Protestee must file an answer within 5 days
after receipt of notice of the filing of the
A motion for the reconsideration of the petition and a copy of the petition.
RTC decision is a prohibited pleading and does
not interrupt the 5-day period for appeal. Should the protestee desire to impugn the
votes received by the protestant in other
precincts, he may file a verified counter-
protest within the same period fixed for the is the Vice-Governor-elect, as he or she will
filing of the answer. succeed in the event that the protestant is
declared to be the person lawfully elected to
(3)Protestant has 5 days from receipt of the the office.
counter-protest to file his answer to such
counter-protest. Arao vs. Comelec (210 SCRA 290)
(4)Any other candidate for the same office may Failure of protestant to raise the
intervene in the case within 5 days from filing question of identical handwriting or of
of the protest by filing a verified petition-in- impugning the validity of the ballots on that
intervention. The protestant or protestee shall ground does not preclude the Comelec from
answer the protest-in-intervention within 5 rejecting the ballots. Unlike an ordinary suit,
days after notice. an election protest is a public concern. The
rights of the contending parties must yield to
(5)If no answer is filed to the protest, counter- the far greater interest of the citizens in
protest or protest-in-intervention within the upholding the sanctity of the ballot. Thus, the
specified time limits, a general denial is Comelec simply cannot close its eyes to the
deemed to have been entered. illegality of the ballots even if the protestant
omitted to raise the ground in his protest.
(6)After the issues have been joined, the case
shall be set for hearing. Presentation and Emi vs. Comelec (243 SCRA 706)
reception of evidence shall be completed within
30 days from the date of the commencement The Court upheld the authority of the
thereof. Comelec to determine whether ballots had
been written by one or two persons, or in
(7)The Court shall decide the election contest groups written by only one hand, without need
within 30 days from the date it is submitted for of calling for the services of handwriting
decision, but in every case within 6 months experts, this investigation being more in the
after its filing. Such decision shall declare who nature of an internal process
among the parties has been elected, or in a
proper case, that none of them has been Bulaong vs Comelec (220 SCRA 745)
legally elected.
An order regarding the revision of
(8)The decision becomes final 5 days after its ballots is an interlocutory order because it still
promulgation. No motion for reconsideration requires a party to perform certain acts leading
shall be entertained. to the final adjudication of the case
Should an aggrieved party wish to appeal
the decision to the COMELEC, he may do Miriam Defensor Santiago vs. Fidel Valdez
so by filing a notice of appeal within 5 days Ramos (253 SCRA 599)
from promulgation of the decision.
Election protest filed by Santiago
EFFECT OF DEATH OF PROTESTANT rendered moot and academic by the election of
Santiago as a Senator in the May 1995
The death of the protestant does not elections and assumption of office, thus
extinguish an election protest. An election effectively considered as having abandoned or
protest is imbued with public interest which withdrawn her protest or at the very least, in
raises it onto a plane over and above ordinary the language of Moraleja v Relova, abandoned
civil actions, because it involves not only the her “determination to protect and pursue the
adjudication of the private interest of the rival public interest involved on who is the real
candidates but also the paramount need of choice of the electorate.”
dispelling once and for all the uncertainty that
beclouds the real choice of the electorate with Gatchalian vs Comelec (245 SCRA 208)
respect to who shall discharge the prerogatives
of the office within their gift. (De Castro v. The period for filing an election protest
COMELEC, 267 SCRA 806) is suspended during the pendency of a pre-
proclamation controversy.
However, it is not the heirs of the
deceased who shall be the successors-in- The protestant has to pay a docket fee
interest to the suit, but the succeeding of P300.00 and an additional docket fee if
candidate-elect. For example, if the deceased there is a claim for damages. For failure to pay
was a candidate for governor, the real party in the basic docket fee, the protest should be
interest in the continuation of the proceedings dismissed.
warranto proceedings in accordance with law.
Poe vs. Gloria Macapagal-Arroyo (PET Case (Sec. 259, B.P. 881)
No. 002, March 29, 2005)
EVIDENCE ON THE ELECTION
The Supreme Court said that if persons
not real parties in the action could be allowed The following may be used as evidence
to intervene, proceedings will be unnecessarily in contesting the results of the election:
complicated, expensive and interminable—and
this is not the policy of the law. Inasmuch as Election Returns
no real parties such as the vice-presidential
aspirants in the 2004 elections have come Election returns are properly used as
forward to intervene, or to be substituted for evidence in an election contest when what is
the deceased protestant, it is far more prudent involved is the correctness of the number of
to abide by the existing and strict limitations votes of each candidate, and the ballots cannot
on intervention and substitution under the law be produced or are not available.
and the rules.
Ballots
Quo Warranto
Ballots are properly used as evidence
WHO MAY FILE: Any registered when the election returns are not available.
voter in the constituency
Poll-Books and Tally Sheets
GROUNDS: Ineligibility or disloyalty
to the Republic of the Philippines Poll-books and tally sheets may be
used as evidence where by law, poll-books or
PERIOD FOR FILING: Within 10 days tally sheets are required to be kept.
from proclamation of the results of the
election Election Officials
Sampayan vs. Daza (213 SCRA 807) Election officials may be called to
testify in the absence of ballots, tally sheets or
Petition for prohibition filed by poll-books.
residents of N. Samar in the Supreme Court
against Cong. Daza dismissed: Voters
1) because case already moot and Voters may testify where the illegality
academic, Daza’s term to end in June consists in the casting of votes by persons
30, 1992 unqualified, unless it can be shown for whom
2) SC without jurisdiction, HRET proper they voted, it cannot be allowed to change the
forum as sole judge of all contests result.
relating to the election, returns and
qualifications of House of Rep. Certificate of Votes
members
3) As a de facto officer, Daza cannot be The provisions of Sections 235 and 236
made to reimburse funds disbursed of the Omnibus Election Code notwithstanding,
during his term of office, bec. his acts the certificates of votes shall be admissible in
are valid. evidence to prove tampering, alteration,
falsification or any anomaly committed in the
Frivaldo vs. Comelec (174 SCRA 245) election returns concerned, when duly
authenticated by testimonial or documentary
Since Frivaldo’s copy of certificate of evidence presented to the board of election
naturalization obtained only in Sept. 1988, the inspectors who issued the certificate.
petition for disqualification may still be
considered as having been seasonably filed The failure to present any certificate of
even if filed more than seven months from the votes shall be a bar to the presentation of
proclamation. other evidence to impugn the authenticity of
the election returns.
Award of damages
ELECTION OFFENSES
Actual or compensatory damages may
be granted in all election contests or in quo Jurisdiction over election offenses
•Failure of the Board of Election
The Regional Trial Courts have
Inspectors to post the list of voters in
exclusive original jurisdiction to try and decide
each precinct. (Sec. 9, R.A. 7166);
any criminal actions or proceedings for
violation of election laws. (Sec. 268, B.P. 881;
Juan v. People, G.R. No. 132378, January 18, •Change or alteration or transfer of a
2000) voter's precinct assignment in the
permanent list of voters without the
Prosecution of election offenses express written consent of the voter
(Sec. 4, R.A. 8189)
The COMELEC has the exclusive
Certificate of Candidacy
power to investigate and prosecute cases
involving violations of election laws. (Sec. 2
(6), Art. IX-C, 1987 Constitution; Sec. 268, •Continued misrepresentation or holding
B.P. 881; De Jesus v. People, 120 SCRA 760) out as a candidate of a disqualified
However, it may validly delegate the power to candidate or one declared by final and
the Provincial Prosecutor or to the executory judgment to be a nuisance
Ombudsman. candidate (Sec. 27f, R.A. 6646);
- But it is not the duty of the Comelec as •Knowingly inducing or abetting such
investigator and prosecutor to gather proof in misrepresentation of a disqualified or
support of a complaint field before it nuisance candidate (Sec. 27f, R.A.
(Kilosbayan vs. Comelec, GR No. 128054, Oct. 6646);
16, 1997)
Mappala v. Judge Nunez (240 SCRA 200) Art. V, Sec. 1 of the 1987 Constitution
states that suffrage "may" be exercised by
It is not necessary that the deadly qualified citizens of the Philippines, as
weapon be seized from the accused while he compared to the 1935 and 1973 Constitutions
was in the precinct or within a radius of 100 which used the term "shall." Thus, it can be
meters therefrom; enough that the accused said that under the current Constitution, failure
carried the deadly weapon within the to register or to vote is no longer an election
prohibited radius during any of the days and offense.
hours specified in the law.
Other election offenses under RA 6646
•Carrying firearms outside residence or
place of business (Sec. 261q, B.P. 881) Person who violated provisions against
prohibited forms of election propaganda
•Organization or maintenance of
If the chairman of the BEI fails to affix his
reaction forces, strike forces, or similar signature at the back of the official ballot,
forces during the election period (Sec. in the presence of the voter, before
261u, B.P. 881) delivering the ballot to the voter. (under RA
7166)
Other prohibitions
Good faith not a defense
•Unauthorized printing of official ballots
and election returns with printing Election offenses are generally mala
establishments that are not under prohibita. Proof of criminal intent is not
contract with the COMELEC (Sec. 27a, necessary. Good faith, ignorance, or lack of
R.A. 6646) malice is not a defense; the commission of the
prohibited act is sufficient. (People v. Bayona,
•Wagering upon the results of elections 61 Phil. 181; People v. Fuentes, 181 Phil.
(Sec. 261c, B.P. 881) 186)
If the discovery of the offense be made • The 5 major political parties are now
in an election contest proceeding, the period of entitled to participate in the party list
prescription shall commence on the date on system
which the judgment in such proceedings
becomes final and executory. (Sec. 267, B.P. • Parties receiving at least 2% of the total
881) votes cast for the party-list system shall be
entitled to one seat each
Special Laws
• No party shall be entitled to more than 3
RA 7941 – Party-List System Act seats