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ELECTION LAW only upon the fulfillment of certain minimum


conditions.
GENERAL PRINCIPLES
Scope of suffrage
Sources of Philippine election law
Suffrage encompasses the following:
The election laws of the Philippines are
contained in the following: (1) Election
Election is the means by which the people
•1987 Constitution choose their officials for definite periods and to
•BP 881 (Omnibus Election Code) whom they entrust, for the time being as their
representatives, the exercise of powers of
•RA 6646 (Electoral Reforms Law of 1987)
government. It involves the choice of
•RA 6679 (Barangay Elections)
candidates to public office by popular vote.
•RA 6735 (Law Providing for Initiative and
a. Regular election – refers to an election
Referendum) participated in by those
•RA 7166 (1991 Synchronized Elections who possess the right of
Law) suffrage and not
•RA 7941 (Election of Party-List disqualified by law and
Representatives) who are registered voters
•RA 8189 (Continuing Registration)
•RA 8436 (Automated Election System) b. Special election – when there is failure of
•RA 8524 election on the scheduled
•RA 9006 (Fair Election Act of 2001) date of regular election in
a particular place or
THEORY OF POPULAR SOVEREIGNTY which is conducted to fill
up certain vacancies, as
provided by law (ex. To
Art. II, Sec. 1 1987 Constitution:
fill in vacancy in office
before the expiration of
The Philippines is a democratic
the term for which
and republican state.
incumbent was elected)
Sovereignty resides in the
people and all government
(2) Plebiscite
authority emanates from
Plebiscite is the submission of constitutional
them.
amendments or important legislative measures
to the people for ratification.
A democratic and republican
government derives all its powers, directly or
(3) Referendum
indirectly, from the people at large. Its essence
Referendum is the power of the electorate
is indirect rule. Actual sovereignty is exercised
to approve or reject legislation through an
by the people by means of suffrage.
election called for the purpose. (Sec. 2c, R.A.
6735) It may be of 2 classes, namely:
Suffrage defined
(a)Referendum on statutes, which refers to
Suffrage is the right and obligation of a petition to approve or reject an act or law,
qualified citizens to vote: or part thereof, passed by Congress; and

(1) in the election of certain (b)Referendum on local law which refers to a


national and local officials, and petition to approve or reject a law,
(2) in the decision of public resolution or ordinance enacted by regional
questions submitted to the people. assemblies and local legislative bodies

It is a political right which enables (4) Initiative


every citizen to participate in the process of
government to assure that it derives it powers Initiative is the power of the people to
from the consent of the governed. It operates propose amendments to the Constitution or
on the principle of "one man (or one woman), to propose and enact legislation through an
one vote." election called for the purpose. (Sec. 2a,
R.A. 6735) There are 3 systems of
Suffrage is not a natural right but a initiative, namely:
privilege which may be given or withheld by
the lawmaking power subject to constitutional (a)Initiative on the Constitution which
limitations. It is not necessarily an refers to a petition proposing
accompaniment of citizenship; it is granted amendments to the Constitution;
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•Suppressing whatever evils
(b)Initiative on statutes, which refers incident to the election of public
to a petition proposing to enact a officers, pursuant to its duty to
national legislation; secure the secrecy and sanctity of
the ballots under Art. V, Sec. 2 of
(c)Initiative on local legislation which the 1987 Constitution.
refers to a petition proposing to enact
a regional, provincial, city, municipal What are the substantive requirements
or barangay law, resolution or for the exercise of suffrage?
ordinance
The only substantive requirements to
Note that in the case of Santiago v. exercise the right to vote are: (CARA)
COMELEC, the Supreme Court held
that there is no law yet that is (1)Citizenship
sufficient enough for proposing (2)Age
amendments to the Constitution. (3)Residency
R.A. 6735 was deemed sufficient for (4)Absence of disqualifications
statutory amendments but not
Constitutional amendments. Filipino citizenship

(5) Recall This may be by birth or naturalization.

Recall is the termination of official Age


relationship of a local elective official for
loss of confidence prior to the expiration of Must be at least 18 at the time of the
his term through the will of the electorate. election.

Who can exercise Residence

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.

Literacy requirements Disqualifications

The Constitution imposes no literacy


requirements; hence illiterates have the right
(1)Persons sentenced by final judgment
to vote. to suffer imprisonment for not less than
one (1) year. (Note: he / she shall
Property requirements automatically re-acquire the right to
vote upon the expiration of 5 years
Neither does the Constitution impose after the service of sentence.)
any property requirement since property
ownership is not a test of individual capacity. (2)Persons adjudged by final judgment
A property requirement is not only inconsistent of having committed any crime involving
with the concept of a republican government, disloyalty to the duly constituted
but with the social justice principle of equal government (e.g. rebellion, sedition,
opportunity as well. violation of the firearms law) or any
crime against national security. (Note:
Formal education he / she shall automatically re-acquire
the right to vote upon the expiration of
Formal education is no guarantee for 5 years after the service of sentence.)
good citizenship or intelligent voting.
(3)Insane or incompetent persons as
Sex declared by competent authority.

There is no adequate or justifiable THE COMELEC


basis for depriving women of equal voting
rights. Purpose

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 chairman and the commissioners •Cancellation of the canvass of


are to be appointed by the President with the
election returns and annulment of
consent of the Commission on Appointments.
a proclamation based on
incomplete results. (Note,
The Commissioners serve for 7 years
however, that the COMELEC does
without reappointment, under staggered terms
not have the power to annul an
of 2 years interval: of 3 commissioners first
election which may not have been
appointed, 3 shall hold office for 7 years, 2 for
free, orderly, and honest as such
5 years, and the rest for 3 years.
power is merely preventive and
The staggering of terms makes the
not curative.)
COMELEC a continuing and self-perpetuating
body, and consequently its members would
(2)Quasi-judicial powers
have the benefit of the experience and
expertise of the older members in the
The COMELEC has exclusive
performance of its functions.
original jurisdiction over all
contests relating to the
The COMELEC Commissioners are subject to
election, returns and
the same disabilities imposed on the President
qualifications of all elective,
and the Vice-President, including the
regional, provincial and city
prohibition against holding any other office or
officials.
engaging in any other profession or business.
The COMELEC has exclusive
Powers and functions appellate jurisdiction over
all contests involving
The powers and functions of the municipal officials decided by
COMELEC may be classified as follows: the RTC, or involving elective
barangay officials decided by
(1)Enforcement and the MTC. In these cases, the
administration of election laws decisions therein shall be
and regulations (Art. IX-C, Sec. 2 final, executory and
(1), 1987 Constitution) unappealable. (Art. IX-C,
Sec. 2 (2), 1987 Constitution)
•Promulgation of rules and
Pursuant to its quasi-judicial
regulations (Art. IX-C, Sec. 6; BP powers, the COMELEC has the power:
881, Sec. 52b)
•To issue subpoena;
•Fixing of election period (which
shall commence 90 days before •To take testimony;
the election and end 30 days
thereafter, unless otherwise fixed •Of contempt (Note, however,
by the COMELEC in special cases;
that the COMELEC's power to
Art. IX-C, Sec. 6, 1987
punish for contempt may be
Constitution)
exercised ONLY in the exercise
of its quasi-judicial functions.
•Fixing of other reasonable The COMELEC has no power to
periods for certain pre-election hold a person in contempt in
requirements (BP 881, Sec. 52m) the exercise of its
administrative functions (e.g.
•Declaration of failure or reporter criticizes a contract
postponement of elections, as well with COMELEC for supplies, or
as call for special elections (Sec. a person fails to follow the
4, RA 7166) procedure for the distribution
of ballot boxes).
•Prescribe forms, as well as use •To issue warrants of arrest;
or adoption of latest technological
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•Of certiorari, prohibition and cases of violation of election laws (Art.
IX-C, Sec. 2 (5), 1987 Constitution)
mandamus (Note: but only in
exercise of its appellate
The COMELEC has the power of a
jurisdiction; Relampagos v.
public prosecutor with the
Cumba, )
exclusive authority to conduct the
preliminary investigation and the
(3)Decide all questions affecting prosecution of election offenses
elections (Art. IX-C, Sec. 2 (3), 1987 punishable under the election law.
Constitution)
The power may be exercised upon
The power of the COMELEC to complaint or motu propio.
decide all questions affecting
elections pertains to the following: The Ombudsman has NO
jurisdiction to prosecute election
(1) determination of the offenses. He may do so only if he
number and location of polling places is deputized by the COMELEC.
(2) appointment of election
officials and inspectors
(3) registration of voters
(8)Filing of petitions in court for
inclusion or exclusion of voters (Art.
IX-C, Sec. 2 (6), 1987 Constitution)
However, the COMELEC has
NO jurisdiction over questions
(9)Recommendatory:
involving the right to vote (i.e.
disqualifications of voters, right of a
(a)to Congress
person to be registered, etc.), as
these rest within the exclusive
original jurisdiction of the MTC, •effective measures to minimize
appealable to the RTC. election spending, including
limitation of places where
(4)Deputize, with the concurrence of propaganda materials shall be
the President, law enforcement posted, and to prevent and
agencies and instrumentalities of the penalize all forms of election
Government for the exclusive purpose frauds, offenses, malpractices,
of ensuring free, orderly, honest, and nuisance candidates. (Art.
peaceful and credible elections (Art. IX- IX-C, Sec. 2 (7),1987
C, Sec. 2(4), 1987 Constitution) Constitution)

(b)to the President


•CMT cadets 18 yrs. of age and
above may be authorized to act as
the COMELEC's deputies for the •for removal of any officer or
purpose of enforcing its orders (Sec. employee it has deputized
52a, BP 881) (Sec. 52a, BP 881);
•for imposition of disciplinary
•The COMELEC may deputize any action for violation or disregard
member or members of the AFP, NBI, of, or disobedience to its
PNP or any similar agency or directive, order, or decision
instrumentality of the government (Art. IX-C, Sec. 2 (8), 1987
(except civilian home defense forces) Constitution);
during the period of the campaign
and ending 30 days thereafter, when •for pardon, amnesty, parole,
in any area of the country there are suspension of sentence for
persons committing acts of terrorism violation of election laws, rules
to influence people to vote for or and regulations (Art. IX-C,
against any candidate or political Sec. 5 1987 Constitution;
party. (Sec. 52b, BP 881) This is to prevent the
possibility of the President
(5)Register political parties, etc. (Art. granting executive
IX-C, Sec. 2 (5), 1987 Constitution) clemency for political
reasons.)
(6)Accredit citizens' arms (Art. IX-C,
Sec. 2 (5), 1987 Constitution) (10) Supervision / Regulation, for the
duration of the election period, of
use of all franchises or permits for
(7)Investigation and prosecution of
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operation of:
Composition; En Banc and Division Cases
•transportation and other public
utilities; The COMELEC may sit en banc or in 2
divisions.
•media of communication or
information; As a general rule, election cases shall
be heard and decided in division.
•all grants, special privileges, or
Decisions that must be rendered by the
concessions granted by the
COMELEC en banc include:
Government or any instrumentality
thereof (Art. IX-C, Sec. 4, 1987
Constitution) •Decisions on motions for
reconsideration (Art. IX-C,
The purpose of supervision and Sec. 3, 1987 Constitution);
regulation is to guarantee or •Petitions for correction of
ensure equal opportunity for manifest errors in the
public service and the equitable Statement of Votes (Sec. 5,
right to reply, for public Rule 27 of the 1993 Rules of
information campaigns and fora the COMELEC);
among candidates, and assure
free, orderly, honest, peaceful
•Questions pertaining to
and credible elections. (Sec. 2, proceedings of the Board of
R.A. 9006) Canvassers (Mastura v.
COMELEC, 285 SCRA 493)
No franchise or permit to operate •Postponement of election
a radio or television station shall (Sec. 4, R.A. 7166)
be granted or issued, suspended
•Declaration of failure of
or cancelled during the election
election (Sec. 4, R.A. 7166)
period. (Sec. 6.4, R.A. 9006)
•Calling of special elections
COMELEC is mandated under (Sec. 4, R.A. 7166)
Sec. 7 of R.A. 9006 to exercise
affirmative action in procuring Time Period and Votes Required
print space upon payment of just
compensation from at least 3 The COMELEC shall decide by a majority
national circulation, and free vote of all its members any case or matter
airtime from at least 3 national brought before it within 60 days from the date
TV networks and 3 national radio of its submission for decision or resolution.
networks, all of which are to be (Art. IX-A, Sec. 7 1987 Constitution)
allocated free of charge equally
and impartially among all the Judicial Review
candidates for national office on
3 different calendar days. Unless otherwise provided by the
Constitution or by law, any decision, order or
Quasi-Judicial Powers ruling of each Commission may be brought to
the Supreme Court on certiorari by the
Jurisdiction aggrieved party within 30 days from receipt of
a copy thereof. (Art. IX-A, Sec. 7, 1987
The COMELEC has exclusive original Constitution)
jurisdiction over all contests relating to the
election, returns and qualifications of all What is contemplated in this provision
elective, regional, provincial and city officials. are decisions, orders or resolutions rendered
by the COMELEC in the exercise of its
The COMELEC has exclusive adjudicatory or quasi-judicial powers not those
appellate jurisdiction over all contests which are mere incidents of its inherent
involving municipal officials decided by the administrative functions over the conduct of
RTC, or involving elective barangay officials elections. Questions arising from the latter
decided by the MTC. In these cases, the may be taken in an ordinary civil action before
decisions therein shall be final, executory and the RTC.
unappealable. (Art. IX-C, Sec. 2 (2), 1987
Constitution) By certiorari, a party raises questions
of law in the Supreme Court. Findings of fact
Rendition of Decision made by the COMELEC are conclusive upon the
Supreme Court.
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elections shall be fixed by general law or by a
The Supreme Court has no power of proclamation or by the notice by which the
supervision over the COMELEC except to election is called. Such designated place shall
review its decisions on petitions by certiorari. be mandatory.
The certiorari jurisdiction of the Supreme Court
is confined to instances of grave abuse of In case of emergencies which
discretion amounting to patent and substantial necessitate the changing of a polling place,
denial of due process committed by it in the adequate general notice must be given.
exercise of its quasi-judicial powers.
Manner of Holding Elections
ELECTIONS IN GENERAL
While the manner of holding elections
Kinds of elections must be regulated, it is obvious that the
manner prescribed is intended simply to secure
General election the correct result. Manner and form should not
be allowed to defeat the undoubted will of the
It is one provided for by law for the people clearly expressed. (C.J. Simpson)
election to offices throughout the State or a
certain subdivision thereof, after the expiration Regulations prescribed are merely
of the full term of former officers. directory, and a failure to observe them fully
will not invalidate the election, where an
Special election election has been held in good faith and
irregularities do not affect the result.
It is one provided for by law under
special circumstances. Where a special election is provided
for, but no method of holding it is declared, it
It is an election held to fill a vacancy in will be sufficient if it is held in the manner
an office before the expiration of the full term prescribed for the holding of general elections.
for which the incumbent was elected, or an
election at which some issue or proposition is PRE-ELECTION REQUIREMENTS
submitted to the vote of the qualified electors.
PRECINCTS AND POLLING PLACES
Date of Election Under the Law
Precincts
In accordance with the Constitutional
policy to synchronize elections, there is a Precinct, defined
simultaneous conduct of elections for national
and local officials once every 3 years. Under - unit of territory for the purpose of
R.A. 7166, elections shall be held on the 2nd voting (Sec. 149, BP 881)
Monday of May.
Establishment of Precincts
The President and Vice-President are
elected on the same day every 6 years. The COMELEC shall establish all
election precincts. Each barangay shall have at
Senators, Elective Members of the least 1 such precinct. (Sec. 149, BP 881)
House of Representatives, and Elective
Provincial, City and Municipal Officials are The COMELEC may introduce
elected on the same day every 3 years, except adjustments, changes or new divisions or
with respect to the Senators, only 12 of whom abolish precincts if necessary. But no changes
shall be elected every 3 years. shall be introduced within 45 days before a
regular election and 30 days before a special
Barangay Elections are held on the election or referendum or plebiscite. (Sec.
same day, and every 5 years thereafter, the 149, BP 881)
term for elective barangay officials having been
extended from 3 years to 5 years. (R.A. 7160, Where it is not practicable to divide a
Sec. 43 (c) as amended by R.A. 8524) precinct by territory, the COMELEC may adjust
or split the precinct by assigning the registered
Time and Place for Holding Elections voters alphabetically and equitably among the
adjusted or split precinct. The polling places of
The time must be fixed by the the said precincts must be in the same
authoritative power (i.e. the Constitution; laws building. (Sec. 8, R.A. 7166)
in the case of regular elections; the executive
or other designated power in the case of Publication of Maps of Precincts
special elections). The place for holding
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At least 5 days before the first representatives, see to it that all polling places
registration day and until after the election, are inspected and such omissions and defects
referendum, or plebiscite, the COMELEC shall as may be found are corrected. (Sec. 163, BP
post in the city or municipal hall and in 3 other 881)
conspicuous places and on the door of each
polling place, a map of the city or municipality OFFICIAL BALLOTS, ELECTION RETURNS
showing its division into precincts. Such maps & BALLOT BOXES
shall be kept posted until after the election,
referendum or plebiscite. (Sec. 151, BP 881)
Form and Contents of ballots
Polling Places
The ballots shall:
Polling place, defined
•be uniform in size;
POLLING PLACE: Building or
place where the Board of Election •be printed in black ink on white
Inspectors conducts its proceedings security paper with distinctive,
and where the voters cast their votes clear and legible watermarks that
(Sec. 152, BP 881) will readily distinguish it from
ordinary paper;
Designation of polling places
•be in the shape of a strip with
The COMELEC may introduce changes stub and a detachable coupon
in the location of polling places when necessary containing the serial number of
after notice to the registered political parties the ballot and a space for the
and candidates affected if any, and hearing. thumbmark of the voter on the
No location shall be changed within 45 days detachable coupon;
before a regular election and 30 days before a
special election, referendum or plebiscite •bear at the top middle portion
except when it is destroyed or it cannot be the coat-of-arms of the Republic,
used. (Sec. 153, BP 881) the words, “Official Ballot”, the
name of the city or municipality
Arrangements and Contents of Polling and the province, the date of the
Places election and the following notice
in English, “Fill out this ballot
Each polling place shall have at least secretly inside the voting booth.
10 voting booths of such size, specifications Do not put any distinctive mark
and materials as the COMELEC may provide to on any part of this ballot”;
enable the voters to fill out their ballots
secretly. (Sec. 158, BP 881) The polling place •contain the names of all the
shall be so arranged that the booths, the table, offices to be voted for, allowing
the ballot boxes and the whole polling place, opposite the name of each office,
except what is being written within the booths, sufficient space or spaces with
shall be in plain view of the board of election horizontal lines where the voter
inspectors, the watchers and other persons may write the name or names of
who may be within the polling place. (Sec. the individual candidates voted
159 (d), BP 881) for by him;

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
73
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)

(1) Chairman: Election Officer. In CAN A SPECIAL REGISTRATION


case disqualified, the COMELEC shall designate FOR A REGULAR ELECTION BE
an acting Election Officer. CONDUCTED OUTSIDE THE PERIOD
PRESCRIBED IN SEC. 8, R.A. 8189
(2) Members: UNDER THE RESIDUAL OR
(a) Public school official most STANDBY POWERS OF THE
senior in rank; and COMELEC UNDER SEC. 28, R.A.
8436?
(b) Local civil registrar, or in
his absence, the city or municipal No. In the case of Akbayan, et
treasurer. If neither are available, any al v. COMELEC (G.R. No.147066,
other appointive civil service official March 26, 2001), the Supreme Court
from the same locality as designated held that Sec. 8 of R.A. 8189 explicitly
by the COMELEC. provides that no registration shall
be conducted during the period
Disqualifications starting 120 days before a regular
election. The purpose of having a
No member of the Board shall be 120-day prohibitive period is to enable
related to each other or to any incumbent city the COMELEC to complete all the
or municipal elective official within the 4th civil necessary pre-election activities,
degree of consanguinity or affinity. If in including the Project of Precincts,
succeeding elections, any of the newly elected constitution of Board of Election
city or municipal officials is related to a Inspectors, Book of Voters and
member of the Board within the 4 th civil degree approved Voters Registration Records,
of consanguinity or affinity, such member is Computerized Voters' List, and Voters
automatically disqualified to preserve the Information Sheet. Registration of
integrity of the Election Registration Board. voters is not, contrary to popular
opinion, merely the act of going to the
NOTE: It is an election offense to Election Officer and writing the names
either: down. It is "in fact, a long process that
(1)accept an appointment, to takes about 3 weeks to complete not
assume office and to actually even counting how long it would take
serve as a member of the Board to prepare for the registration in the
although ineligible thereto (Sec. first place."
45d, R.A. 8189), or
Re-registration
(2)appoint such ineligible person
knowing him to be ineligible A voter who is registered in the
(Sec. 45d, R.A. 8189) permanent list of voters need not register
anew for subsequent elections unless:
Function
(1)he transfers residence to
another city or municipality;
- Meet quarterly on the 3 Monday of
rd
or
April, July, October and January of
every calendar year (or on the next
following working day if such (2)his registration has been
designated days fall on non-working cancelled on the ground of
holidays) disqualification and such
disqualification has been
- To hear and process all applications for
lifted or removed (Sec. 125,
registration.
BP 881);

When registration conducted


System of Continuing Registration

Registration of voters shall be


Under Sec. 8 of RA 8189, the COMELEC
conducted not less than 120 days before a
has the power to conduct continuing
regular election and 90 days before a special
74
registration. Such registration shall be (1) TIME OF FILING: During
conducted daily in the office of the Election office hours
Officer during regular office hours, except
during the period starting 120 days before a (2)NOTICE: Notice of the place, date
regular election and 90 days before a special and time of the hearing of the petition
election. The filing of the application must be shall be served upon the members of
done personally. the Board and the challenged voter
upon filing of the petition.
Challenge of the right to register
Modes of service:
Any person applying for registration (1) personal delivery, or
may be challenged before the Election (2) registered mail, or
Registration Board: (3) posting in the bulletin board of
city or municipal hall and in 2 other
•by any voter, conspicuous places within the city or
municipality
•by any candidate, or
•by any representative of a registered (3) CONTENTS: Petition shall refer only
political party. to 1 precinct, and shall implead the
Board as respondents
Such challenge must be made in writing, under
oath and must state the grounds therefor. (4) COSTS: Generally, no costs shall be
(Sec. 18, R.A. 8189) assessed against any party.
However, the court may order a
party to pay the costs and
List of voters
incidental expenses of the suit
should it find that the application
The list of voters refers to an was filed solely to harass the
enumeration of names of registered voters in a adverse party and to cause him to
precinct duly certified by the Election incur expenses.
Registration Board for use in the election.
(Sec. 3 (d), R.A. 8189) (5) INTERVENTION: Any voter,
candidate or political party who
The Board of Election Inspectors must may be affected by the
post the final list of voters in each precinct 15 proceedings may intervene and
days before the date of the regular or special present his evidence.
election or referendum or plebiscite.
(6) EVIDENCE: Shall be based on the
Any candidate or authorized evidence presented. In no case
representative of an accredited political party shall a decision be rendered upon a
upon formal request to an election registrar stipulation of facts.
shall be entitled to a certified copy of the most
recent list of voters upon payment of a If the case involves the
reasonable fee. issue of a fictitious voter, the non-
appearance of the challenged voter
Illiterate and Disabled Voters on the day set for hearing shall be
prima facie evidence that such
Any illiterate person may register with voter is fictitious.
the assistance of the Election Officer or any
member of an accredited citizen’s arm. The (7) DECISION: Petition shall be heard
application for registration of a physically and decided within 10 days from
disabled person may be prepared by any date of filing.
relative within the fourth civil degree of
consanguinity or affinity or by the Election Cases appealed to the RTC
Officer or any member of an accredited shall be decided within 10 days
citizen’s arm using the data supplied by the from receipt of the appeal. In all
applicant [Sec. 14, RA 8189]. cases, the court shall decide these
petitions not later than 15 days
Inclusion-exclusion cases before the election and the decision
shall become final and executory.
Common rules governing judicial
Jurisdiction and Appeal in Inclusion and
proceedings in the matter of inclusion,
Exclusion Cases
exclusion and correction of names of
voters (Sec. 32, R.A. 8189)
MTC: original and exclusive jurisdiction
75
does not acquire the nature of res judicata
RTC: appellate jurisdiction considering the summary character of the
case.
Appeals must be made within 5 days
from receipt of notice. Otherwise the decision Voters Excluded Through the
of the MTC becomes final and executory after Inadvertence or Registered with an
said period. Erroneous or Misspelled Name (Sec. 37,
R.A. 8189)
The RTC shall decide the appeal within
10 days from the time the appeal was WHAT MAY BE FILED?
received, and its decision shall be final and
executory. No motion for reconsideration shall (1)Petition for reinstatement - filed by
be entertained. (Sec. 138, BP 881; Sec. 33, any registered voter who has not been
R.A. 8189) included in the precinct certified list of
voters
Petition for Inclusion of Voters in the List
(2)Petition for correction of name -
filed by any registered voter who has been
The following may petition to be
included in the precinct certified list of
included in the voters’ list:
voters with a wrong or misspelled name
•any person whose application
WHERE FILED? With the Election
by registration has been
Registration Board
disapproved by the Board of
Election Inspectors or
If the petition is denied or not acted
upon, the voter may file on any date
•any person whose name has
with the proper MTC a petition for an
been stricken out from the list order directing that the voter's name
be entered or corrected in the list. The
Petitioner may apply at any time except 105 following must be attached to the
days prior to a regular election or 75 days prior petition:
to a special election. (Sec. 34, R.A. 8189)
(1)Certified true copy of his registration
Petition for Exclusion of Voters from the record, or identification card, or the entry
List of his name in the list of voters used in the
preceding election;
The following may petition for the
exclusion of a voter from the permanent list of (2)Proof that his application was denied or
voters: not acted upon by the Board;
•any registered voter; (3)Proof that the petitioner has served
notice of his application to the Board
•any representative of a
political party;
Annulment of Book of Voters
•the Election Officer
(Sec. 39, R.A. 8189)
Such petition may be filed at any time except
The book of voters refers to the
100 days before a regular election or 65 days
compilation of all registration records in a
before a special election. It shall be decided
precinct. (Sec. 3c, R.A. 8189)
within 10 days from filing. (Sec. 35, R.A.
8189)
WHO MAY FILE PETITION FOR
ANNULMENT:
"The petition for exclusion is a necessary
component to registration since it is a safety
(1)Any voter;
mechanism that gives a measure of protection
(2)Any election officer;
against flying voters, non-qualified registrants,
(3)Any duly registered political party
and the like. The prohibitive period, on the
other hand serves the purpose of securing the
GROUNDS:
voter’s substantive right to be included in the
list of voters." (Akbayan, et al v. COMELEC,
G.R. No.147066, March 26, 2001) (1)The book of voters was not
prepared in accordance with the
The citizenship of a person to be provisions of R.A. 8189;
stricken from the list may be decided in the (2)The book of voters was prepared
exclusion proceedings. However, the decision through:
76
•Fraud;
•Bribery; (4)Loss of Filipino citizenship
•Forgery;
•Impersonation; Reactivation of registration (Sec. 28, R.A.
•Intimidation; 8189)
•Force; or
PETITION FILED:
•Any similar irregularity
Sworn application for
(3)The book of voters contains data reactivation of registration
that are statistically improbable in the form of an affidavit
stating that the grounds for
the deactivation no longer
The book of voters shall be annulled after due exist
notice and hearing by the COMELEC after the
filing of a verified petition. No order, ruling or WHO MAY FILE:
decision annulling a book of voters shall be Any voter whose registration
executed within 90 days before an election. has been deactivated

Deactivation and reactivation of WHERE FILED:


registration With the Election Officer,
who shall then submit such
Deactivation of registration (Sec. 27, R.A. application to the Election
8189) Registration Board for
appropriate action.
CAUSES OF DEACTIVATION:
WHEN FILED:
(1)The 3 grounds for Not later than 120 days
disqualification to vote, namely: before a regular election
and 90 days before a
(a)Sentence by final special registration
judgment to suffer
imprisonment for not less REGISTRATION OF POLITICAL PARTIES
than one (1) year, such
disability not having been Political Party defined
removed by plenary pardon
or amnesty; - an organized group of persons pursuing the
same ideology, political ideas or platforms of
(b)Adjudgment by final government and includes its branches and
judgment of having divisions. (Sec. 60, BP 881)
committed any crime
involving disloyalty to the - an organized group of citizens advocating an
duly constituted government ideology or platform, principles and policies for
(e.g. rebellion, sedition, the general conduct of government and which,
violation of the firearms as the most immediate means of securing their
law) or any crime against adoption, regularly nominates and supports
national security, unless certain of its leaders and members as
restored to his full civil and candidates for public office. (Sec. 3c, R.A.
political rights in accordance 7491)
with law;
2 Kinds:
(c)Declaration of insanity or (1) national party, i.e. a party whose
incompetence by competent constituency is spread over the geographical
authority, unless territory of at least a majority of the regions;
subsequently removed; and
(2) regional party, i.e. a party whose
(2)Failure to vote in the 2 constituency is spread over the geographical
successive preceding regular territory of at least a majority of the cities and
elections, as shown by the provinces comprising the region.
voting records (Note: SK
elections are NOT considered Purpose of registration
regular elections for this
purpose);
The purpose of registration of political
parties with the COMELEC is to enable them
(3)Court order for exclusion of
to:
registration; and
77
copy (if the dominant minority party)
(1)Acquire juridical personality; of the election returns (Sec. 27, R.A.
7166 as amended by R.A. 8045 and
(2)Qualify for subsequent R.A. 8173)
accreditation; and
Procedure
(3)Entitle them to the rights
and privileges granted to (1)The political party seeking registration
political parties. (Sec. 60, BP may file with the COMELEC a verified
881) petition attaching thereto its constitution
and by-laws, platform or program of
Rights and privileges granted government and such other relevant
information as may be required by the
A registered political party is entitled to COMELEC.
the following rights and privileges:
(2)The COMELEC shall require publication
of the petition for registration or
•To be voted upon as a party, provided
accreditation in at least three
that it is registered under the party-list newspapers of general circulation.
system (Art. IX-C, Sec. 7, 1987
Constitution);
(3)After due notice and hearing, the
COMELEC shall resolve the petition
•To have a watcher in every Election within 10 days from the date it is
Registration Board (Sec. 15, R.A. submitted for decision. (Sec. 61, BP
8189); 881. Note however the discrepancy with
Sec. 62 which states that resolution of
•To inspect and/or copy at its expense the petition for registration or
the accountable registration forms accreditation shall be 15 days from the
and/or the list of registered voters in date of submission for decision.)
the precincts constituting the
constituency at which the political Who may not be registered
party is fielding candidates (Sec. 42,
R.A. 8189) The following may not be registered as political
parties:
•To have a watcher and/or
representative in the procurement and •religious denominations and
watermarking of papers to be used in sects (Art. IX-C, Sec. 2 (5),
the printing of election returns and 1987 Constitution; Sec. 61, BP
official ballots and in the printing, 881)
numbering, storage and distribution
thereof (Sec. 8, R.A. 6646); •those which seek to achieve
their goals through violence or
•To have watchers who shall verify the unlawful means (Art. IX-C, Sec.
contents of the boxes containing the 2 (5), 1987 Constitution, Sec.
shipment of official ballots, election 61, BP 881)
returns and sample official ballots
received by the provincial, city and •those which refuse to uphold
municipal treasurers (Sec. 189, BP
and adhere to the Constitution
881. Note that this privilege is only
(Art. IX-C, Sec. 2 (5), 1987
available to the ruling party and the
Constitution)
dominant opposition party.);

•To have one watcher in every polling


•those supported by foreign
governments (Art. IX-C, Sec. 2
place and canvassing center (Sec. 26,
(5), 1987 Constitution)
R.A. 7166);

Forfeiture of status and cancellation of


•To be present and to have counsel registration
during the canvass of the election
returns (Sec. 25, R.A. 6646)
Forfeiture of status

•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)

(6)The party violates or fails to comply Purpose of party-list system


with laws, rules or regulations relating to
elections (Sec. 6 (5), R. A. 7941); - to enable Filipino citizens belonging to
marginalized and underrepresented sectors,
(7)The party declares untruthful organizations and parties, and who lack well-
statements in its petition for registration defined political constituencies but who could
(Sec. 6 (6), R.A. 7941); contribute to the formulation and enactment of
appropriate legislation that will benefit the
nation as a whole, to become members of the
(8)The party has ceased to exist for at
House of Representatives. (Sec. 2, R.A. 7941)
least 1 year (Sec. 6 (7), R.A. 7941);
Who may be registered
(9)The party fails to participate in the
last 2 preceding elections (Sec. 6 (8),
R.A. 7941); (1)Politicalparties (See discussion in
previous section);
(10)If registered under the party-list
system, the party fails to obtain at least (2)Sectoral parties, i.e. organized
2% of the votes in the 2 preceding groups of citizens belonging to the
elections for the constituency in which it labor, peasant, fisherfolk, urban poor,
has registered. (Sec. 6 (8), R.A. 7941) indigenous cultural communities,
elderly, handicapped, women, youth,
Under the party-list system, the veterans, overseas workers, and
COMELEC may refuse or cancel registration professional sectors, and whose
either motu propio or upon verified complaint principal advocacy pertains to the
of any interested party, after due notice and special interest and concerns of their
79
sector (Sec. 3d, R.A. 7941); The following are grounds for refusal
and/or cancellation of registration of a party,
(3)Sectoral organizations, i.e. groups organization or coalition wishing to participate
of citizens or coalitions of groups of in the party-list system:
citizens who share similar physical
attributes or characteristics, 1.Accepting financial contributions
employment, interest or concerns from foreign governments or their
(Sec. 3e, R.A. 7941); agencies (Art. IX-C, Sec. 2 (5), 1987
Constitution);
(4)Coalitions, i.e. aggrupations of duly
registered national, regional, sectoral 2.The party is a religious sect or
parties or organizations for political denomination, organization or
and/or election purposes (Sec. 3f, R.A. association organized for religious
7941) purposes (Sec. 6 (1), R.A. 7941);

Parties, organizations or coalitions that 3.The party advocates violence or


are already registered with the COMELEC need unlawful means to seek its goal (Sec. 6
not register anew. However, should they wish (2), R.A. 7941);
to participate in the party-list system, they
must file with the COMELEC a manifestation of
such desire to participate not later than 120
4.The party is a foreign party or
organization (Sec. 6 (3), R.A. 7941);
days before the election. (Sec. 4, R.A. 7941,
as amended by Sec. 11, R.A. 8436)
5.The party is receiving support from
Procedure for registration any foreign government, foreign
political party, foundation,
organization, whether directly or
PETITION: through any of its officers or members
Petition verified by the
or indirectly through third parties for
party/organization/coalition's partisan election purposes (Sec. 6 (4),
president or secretary. The
R.A. 7941);
petition must state its desire to
participate in the party-list
system as a national, regional 6.The party violates or fails to comply
or sectoral party or organization with laws, rules or regulations relating
or a coalition of such parties or to elections (Sec. 6 (5), R. A. 7941);
organizations.
7.The party declares untruthful
WHEN FILED: statements in its petition for
Not later than 90 days before registration (Sec. 6 (6), R.A. 7941);
the election
8.The party has ceased to exist for at
ATTACHMENTS: least 1 year (Sec. 6 (7), R.A. 7941);
(1) Constitution;
(2) By-laws; 9.The party fails to participate in the
(3) Platform or
last 2 preceding elections (Sec. 6 (8),
program of
R.A. 7941);
government;
(4) List of officers;
(5) Coalition agreement 10. If registered under the party-list
(as applicable); system, the party fails to obtain at
(6) Other relevant least 2% of the votes in the 2
information as may preceding elections for the
be required by the constituency in which it has registered.
COMELEC (Sec. 6 (8), 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)
80
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)

The nomination of party-list Party-list and district representatives


representatives is subject to the following distinguished
limitations:
Every voter is entitled to 2 votes: the
(1)The nominee must have all of first is a vote for candidate for member of the
the qualifications and none of the House of Representatives in his legislative
disqualifications for the exercise of district, and the second, a vote for the party,
the right of suffrage. Moreover, organization, or coalition he wants represented
he/she must be a registered voter, in the House of Representatives.
able to read and write, and at least
25 years on the day of the election. Party-list District
representative representative
In case of youth sector
nominees, such nominees must
Scope of Elected Elected
be at least 25 but not more
electorate nationally, with according to
than 30 yrs. old on the day of
party-list legislative
the election. (Sec. 9)
organizations district by the
garnering at constituents of
(2)The nominee must be a bona least 3% of all such district
fide member of the party or the votes cast
organization which he/she seeks to for the party-
represent for at least 90 days list system
preceding the day of the election. entitled to 1
(Sec. 9) seat, which is
increased
(3)An elected party-list according to
representative who changes his proportional
political party or sectoral affiliation representation,
within 6 months before an election but is in no way
is not eligible for nomination as to exceed 3
party-list representative under his seats per
new party or organization. (Sec. organization
15)
Residence No special Must be a
(4)A person may be nominated in requirement residency resident of his
1 list only. (Sec. 8) requirement legislative
district for at
least 1 year
(5)Only persons who have given
immediately
their consent in writing may be
before the
named in the list. (Sec. 8)
election

(6)The list cannot include any Manner of Voted upon by Elected


candidate for any elective office or election party or personally, i.e.
any person who has lost his bid for organization. It by name.
an elective office in the is only when a
immediately preceding election. party is entitled
(Sec. 8) to
representation
(7)Changes of name or alterations that it
in the order of nominees are designates who
generally not allowed after the list will sit as
has been submitted to the representative.
COMELEC. However, these may be
allowed when the nominee either: Effect of Loses his seat, Does not lose
disaffiliation in which case seat if he/she
(a)Dies; or with party he/she will be changes party
81
substituted by or affiliation. its President, Chairman of the Board of
another Directors, or any of its duly authorized
qualified person officers.
in the party /
organization The petition for accreditation must state
based on the the following:
list submitted to
the COMELEC. (a)The constituency to which petitioner
seeks accreditation;
Effect of A substitution A special
vacancy will be made election may be (b)That it is not supporting any
within the held provided candidate, political party, organization
party, based on that the or coalition of political parties, in the
the list vacancy takes constituency where it seeks
submitted to place at least 1 accreditation;
the COMELEC. year before the
next election. (c)Nature of its membership; names of
its officers or organizers, location of
Effect of A party-list This does not principal office or place of business,
change in representative prevent a and an assurance of its capability to
affiliation is prohibited district undertake a coordinated operation and
within 6 from sitting as representative activity to assist the COMELEC;
months representative from running
prior to under his new under his new (d)That it shall submit itself to the
election party or party. direct and immediate control and
organization. supervision and comply with the orders
of the COMELEC in the performance of
Effect of A party-list
A district its specific functions and activities
loss during representative
representative provided by law, and such other
previous cannot sit if he
is not prevented functions and activities provided by
election ran and lost in
from running law, and such other functions and
the previous
again as a activities which the COMELEC may
election.
district assign;
representative if
he/she lost (e)That it shall strictly remain non-
during the partisan and impartial during the
previous registration and election periods;
election.
ACCREDITATION OF A CITIZENS' ARM (f)That it is not supported by or under
the influence of any foreign
government or any of its agencies or
Who may be accredited instrumentalities; or of any foreigner,
whether natural or juridical person;
Any bona fide non-partisan group,
association or organization (g)That it shall not solicit or receive,
- from the civic, youth, professional, directly or indirectly, any contribution
educational, business or labor sectors or aid of whatever form or nature from
- with identifiable leadership, any foreign government or any of its
membership and structure, agencies or instrumentalities, or from
- and with demonstrated capacity to any foreigner, whether natural or
promote the public interest and assist juridical person;
the COMELEC in the performance of its
functions and activities as mandated by (h)That it does not seek to achieve its
the Constitution and by law objectives, goals or programs through
violence or other unlawful means, nor
(Rule 33, Sec. 1, COMELEC Rules of aim to propagate any ideology opposed
Procedure) to the principles of a republican and
democratic government; and
Procedure for accreditation
(i)That it undertakes to police its ranks
(1)FILING OF PETITION FOR and prevent infiltration by persons or
ACCREDITATION groups of persons who may, directly or
indirectly, destroy its character of non-
Any group seeking accreditation may file a partisanship and impartiality.
petition for accreditation, duly verified by
82
(2)SETTING OF PETITION FOR HEARING political exercise for which the petitioner was
accredited as citizens' arm.
Upon the filing of the petition, the
COMELEC en banc shall immediately set CERTIFICATES OF CANDIDACY
the petition for hearing. The COMELEC
may order the publication of the petition in
Candidate defined
a newspaper of general circulation if it
deems such necessary. Publication shall be
at the expense of the petitioner. Any person aspiring for or seeking an elective
public office, who has filed a certificate of
(3)HEARING OF PETITION candidacy by himself or through an accredited
political party, aggroupment, or coalition of
The accreditation of the petitioner may be parties. (Sec. 79, BP 881)
opposed by any person, group, association,
group or organization, political party or Guest Candidacy
coalition of political parties possessing
relevant information or evidence against A political party may nominate and/or
the petitioner by filing a verified support candidates not belonging to it. (Sec.
opposition. 70, BP 881) Note however that this is not
applicable in cases of political parties
However, notwithstanding the absence of registered under the party-list system, as
any opposition, the COMELEC may motu nominees must necessarily be bona fide
proprio require the petitioner to present members of the party.
evidence to support its petition for
accreditation. Qualifications

(4)DECISION See the provisions of the Constitution


for the qualifications of candidates for
The COMELEC shall then render its President, Vice-President, Senator, and
decision. If the decision is for the Member of the House of Representatives.
accreditation of the petition, a certificate of
accreditation shall be issued stating the See the provisions of the Local
following: Government Code for the qualifications of local
elective officials.
(a)The name of the group or
organization; Qualifications prescribed by law are
continuing requirements and must be
(b)The constituency to which it possessed for the duration of the officer's
is accredited; and active tenure. Once any of the required
qualifications are lost, his title to the office
(c)The political exercise for may be seasonably challenged. (See Frivaldo
which it is accredited v. COMELEC, 174 SCRA 245; Labo v.
COMELEC, 176 SCRA 1)
Revocation and expiration of
accreditation Filing of certificate of candidacy

REVOCATION: May be done by the To be eligible for any elective public


COMELEC after notice and hearing for any of office, one must file a certificate of candidacy
the following acts: within the period fixed by the Omnibus Election
(1)The citizens' arm has showed or Code.
acted with partiality in any political
issue or to any political party, Mode of Filing
organization or coalition of political
parties; Certificates must be filed by the
candidate personally or by his duly authorized
(2)It has performed acts in excess of its representative. No certificate shall be filed by
duties and functions as provided by mail, telegram or facsimile. (Sec. 7, R.A.
law; or 7166)

(3)It has failed to comply with the Time of Filing


conditions imposed upon it in the
decision granting accreditation. Certificates of candidacy must be filed
in 12 legible copies not later than 120 days
EXPIRATION: The accreditation automatically before the elections. (Sec. 11, R.A. 8436)
lapses at the end of the election period of the
83
Place of Filing
•That the facts stated in the certificate
The certificates of candidacy shall be of candidacy are true to the best of his
filed in the following places: knowledge.

President | Effects of filing


Vice-Pres | COMELEC main office (Mla)
Senator |
Note: Sec. 67 of BP 881 and the
first proviso of Sec. 11 of R.A. 8436 (which
Congressman - Provincial election supervisor
states that "Any elective official, running for
any officer other than one which he is holding
If NCR district: File with Regional Election
in a permanent capacity, except for President
Director
and Vice-President, shall be considered ipso
facto resigned upon the start of the campaign
If legislative district in cities outside NCR which
period") have been repealed by Sec. 14 of
comprise one or more legislative districts: File
R.A. 9006 (Fair Election Act of 2001).
with City election registrar concerned
Any mass media columnist,
Provincial Offices - Provincial election
commentator, announcer, reporter, on-air
supervisor
correspondent or personality who is a
candidate for any elective public office shall be
City / Municipal Offices - City or municipal
deemed resigned, if so required by his/her
election registrar
employer, or shall take a leave of absence from
his/her work as such during the campaign
Contents of certificate of candidacy period. (Sec. 6.6, R.A. 9006)

The certificate of candidacy shall state Withdrawal of certificate


the following:
A person who has filed a certificate of
•That the person filing the certificate is
candidacy may withdraw the same prior to the
announcing his candidacy for the office election by submitting to the office concerned a
stated therein and that he or she is written declaration under oath.
eligible for such office;
If a candidate files a certificate of
•The political party to which the candidacy for more than 1 office, he shall not
candidate belongs; be eligible for any of them. However, he may
declare under oath the office for which he
•Civil status; desires to be eligible and cancel the certificate
of candidacy for the other office or offices
•Date of birth; provided that this is done before the
expiration of the period for the filing of
•Residence; certificates of candidacy. (Sec. 73, BP 881)

•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)

•That he / she will support and defend RAMIREZ V. COMELEC


the Constitution of the Philippines and
will maintain faith and allegiance The certificate of candidacy of
thereto; petitioner for the office of provincial board
member was filed by his political party. 15
•That he / she will obey the laws, legal minutes before the deadline, he filed his
orders, and decrees promulgated by certificate of candidacy for mayor. 8 days later,
the duly constituted authorities; he filed a petition to withdraw his certificate of
candidacy for the office of the board member
•That he / she is not a permanent and to declare subsisting his certificate of
resident or immigrant to a foreign candidacy for mayor, attaching his written
country; declaration under oath withdrawing his
certificate of candidacy for board member.
•That the obligation imposed by oath is
assumed voluntarily, without mental Since the certificate of candidacy for
reservation or purpose of evasion; the position of board member was filed by his
84
party and the said party had withdrawn that turpitude implies something
nomination, there was substantial compliance immoral in itself, regardless of
with Sec. 73 of the Omnibus Election Code. the fact that it is punishable by
His filing under oath within the statutory period law or not. (Dela Torre v.
of his individual candidacy for mayor was a COMELEC, 191 SCRA 229)
rejection of the party nomination of the other
officer. •Having given money or other
material consideration to
Disqualifications influence, induce or corrupt the
voters or public officials
According to Prof. Barlongay, performing electoral functions
disqualifications may be classified into 4 (Sec. 68a, BP 881);
categories: (1) status; (2) acts; (3) nuisance
candidacy; and (4) falsity of material •Having committed acts of
representation in the certificate of candidacy.
terrorism to enhance his candidacy
(Sec. 68b, BP 881);
Status

(1)Lack of Filipino citizenship; •Having spent in his election


campaign an amount in excess of
(2)Lack of residency requirement; that allowed by the Omnibus
Election Code (Sec. 68c, BP 881);
(3)Insanity or incompetence, as declared
by competent authority; •Having solicited, received or made
any contribution prohibited under
(4)Permanent residence or the Omnibus Election Code (Sec.
immigrant status in a foreign 68d, BP 881; cf. Secs. 89, 95, 96,
country, unless such person has 97 and 104);
waived his status as permanent
resident or immigrant in •Having engaged in election
accordance with the residence
campaign or partisan political
requirement provided for in the
activity outside the campaign
election laws (Sec. 68, BP 881)
period and not pursuant to a
political party nomination (Sec.
Acts
68e, BP 881, cf. Sec. 80);
(1)Sentence by final judgment
for: •Having removed, destroyed,
obliterated, defaced or tampered
•Subversion, insurrection, with or prevented the distribution of
rebellion; lawful election propaganda (Sec.
68e, BP 881, cf. Sec. 83);
•Any offense for which the
candidate has been sentenced •Having violated the rules and
to a penalty of more than 18 regulations on election propaganda
months of imprisonment; through mass media (Sec. 68e, BP
881, cf. Sec. 86);
•Any offense involving moral
turpitude;
•Having coerced, intimidated,
compelled, or in any manner
Moral turpitude is an act of a
influenced, directly or indirectly,
baseness, vileness, or
any of his subordinates or
depravity in the private duties
members, or employees, etc. to
which a man owes to his fellow
aid, campaign or vote for or against
men, or to society in general,
any candidate or any aspirant for
contrary to the accepted and
the nomination or selection of
customary rule of right and
candidates (Sec. 68e, BP 881, cf.
duty between man and woman
Sec. 261d);
or conduct contrary to justice,
honesty, modesty or good
morals. The general rule is •Having directly or indirectly
that crimes mala in se involve threatened, intimidated, or actually
moral turpitude while crimes caused, inflicted or produced any
mala prohibita do not. Moral violence, injury, punishment,
85
damage, loss or disadvantage upon
any person or that of the (1)Those sentenced by final judgment for
immediate members of his family, an offense punishable by one year or
his honor or property, or used any more of imprisonment and within 2
fraudulent device or scheme to years after serving sentence.
compel or induce or prevent the
registration of any voter, or the (2)Those removed from office as a result
participation in any campaign, or of an administrative case.
the casting of any vote, or any
promise of such registration, REYES V. COMELEC
campaign, vote, or omission
therefrom (Sec. 68e, BP 881, cf. Reyes, the incumbent mayor, was
Sec. 261e); found guilty in an administrative complaint.
Despite this, he filed a certificate of candidacy.
•Having engaged in unlawful Although the COMELEC disqualified him, the
Board of Election Canvassers, unaware of
electioneering (Sec. 68e, BP 881,
COMELEC’s decision to disqualify him,
cf. Sec. 261k);
proclaimed Reyes as the mayor.

•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.

Nuisance candidacy See Mercado v. Manzano (LocGov)

A nuisance candidate is one who files a (5)Fugitives from justice in criminal and
certificate of candidacy: non-political cases here and abroad.

(a)To put the election process in A "fugitive from justice"


mockery or disrepute; or includes "not only those who
(b)To cause confusion among the flee after conviction to avoid
voters by the similarity of the punishment, but likewise
names of the registered those who, after being
candidates, or charged, flee to avoid
prosecution." (Marquez v.
COMELEC, 243 SCRA 358)
(c)Clearly demonstrating that
he/she has no bona fide intention
In the case of Rodriguez v.
to run for the office which the
COMELEC (G.R. No. 120099,
certificate of candidacy has been
July 24, 1996), it was held
filed, and thus prevents a faithful
that Rodriguez could not be
determination of the true will of
considered a "fugitive from
the electorate. (Sec. 69, BP 881)
justice" because his arrival
in the Philippines from the
Falsity of material representation
U.S. preceded the filing of
the felony complaint in the
Falsity of a material representation in
Los Angeles Court and the
the certificate of candidacy is a ground for the
issuance of the arrest
denial of due course to or cancellation of a
warrant by the same foreign
certificate of candidacy under Sec. 78 of BP
court by almost 5 months.
881.
The Supreme Court held
that the intent to evade is
Disqualifications under the Local
the compelling factor that
Government Code (Sec. 40, R.A. 7160)
86
animates one’s flight from a punishment, torture,
particular jurisdiction. And damage, loss or disadvantage
there can only be an intent to any person or persons
to evade prosecution or aspiring to become a
punishment when there is candidate or that of the
knowledge by the fleeing immediate member of his
subject of an already family, his honor or property
instituted indictment, or of a that is meant to eliminate all
promulgated judgment of other potential candidate.
conviction.
Effect of death, disqualification or
(6)Permanent residents in a foreign withdrawal
country or those who have acquired the
right to reside abroad and continue to If the death, disqualification or
avail of the same right after the withdrawal occurs:
effectivity of the Local Government
Code. - after the last day for filing of the certificates
of candidacy  ONLY a person belonging to,
FRIVALDO V. COMELEC and certified, by the same political party, may
file a certificate of candidacy to replace him.
Frivaldo was previously declared as an
alien. Despite this, he was able to file his - between the day before the election and mid-
certificate of candidacy. The election occurred day of the election day  the certificate may
on May 8, 1995. Frivaldo was able to re- be filed with any Board of Election Inspectors
acquire Philippine citizenship on June 30, 1995 in the political subdivision where he is a
through repatriation by taking his oath of candidate or with the COMELEC if it is a
allegiance at 2:00 p.m. national position. (Sec. 77, BP 881)
Philippine citizenship is an
Petition to deny due course or to cancel
indispensable requirement for holding an
certificate
elective public office. An official begins to
govern or discharge his functions only upon his
proclamation and on the day the law mandates A verified petition to deny due course
his term of office to begin. Since Frivaldo re- to or cancel a certificate of candidacy may be
assumed his citizenship on the very day the filed by any person EXCLUSIVELY on the
term began, he was therefore already qualified ground that a material misrepresentation
to be proclaimed, to hold such office and to contained therein as required is false. Such
discharge the functions and responsibilities petition shall be filed any time not later than
thereof as of the said date. 25 days from the time of filing of the
certificate, and shall be decided not later than
(7)Those who are insane or feeble- 15 days before the election. (Sec. 78, BP 881)
minded.
Prohibition against Multiple Candidacies
Special Disqualifications under the Lone
Candidate Law (Sec. 4, R.A. 8295) No person shall be eligible for more
than one office to be filled in the same
The following persons are election, and if he files his certificate of
disqualified from running in a special election candidacy for more than one office, he shall
called to fill the vacancy in an elective office, not be eligible for any of them.
provided that evidence of their guilt is strong:
However, before the expiration of the
(1)Any elective official who period for the filing of certificates of candidacy,
has resigned from his office the person who was filed more than one
by accepting an appointive certificate of candidacy may declare under oath
office or for whatever reason the office for which he desires to be eligible
which he previously occupied and cancel the certificate of candidacy for the
but has caused to become other office or offices.
vacant due to his resignation;
The filing or withdrawal of a certificate
(2)Any person who, directly or of candidacy shall not affect whatever civil,
indirectly, coerces, bribes, criminal or administrative liabilities which a
threatens, harasses, candidate may have incurred.
intimidates, or actually
causes, inflicts or produces Certified List of Candidates
any violence, injury,
87
The COMELEC shall cause to be printed except during the campaign period. Violation
a certified list of candidates for each office to of this prohibition constitutes an election
be voted for in each province, city or offense. (Sec. 80, B.P. 881)
municipality immediately followed by the
nickname or stage name of the candidate and Lawful election propaganda
his political affiliation, if any. The list shall be
posted inside each voting booth. (Sec. 3, R.A. 9006)
Whenever practicable, the Board of The following are lawful election propaganda:
Election Inspectors shall cause said list of
candidates to be written on the blackboard or •Pamphlets, leaflets, cards, decals,
manila paper for posting inside the polling
stickers, or other written or printed
place. The names of all candidates followed by
materials the size of which does not
his nickname or stage name shall also be
exceed 8 ½ inches in width and 14
printed in the election returns and tally sheets.
inches in length;
(Sec. 4, R.A. 6646)
•Handwritten or printed letters
ELECTION CAMPAIGN & EXPENDITURES urging voters to vote for or against
any particular political party or
ELECTION CAMPAIGN candidate for public office;

Election campaign or partisan political •Cloth, paper or cardboard posters,


activity whether framed or posted, with an
area not
exceeding 2 feet by 3 feet.
It is an act designed to promote the
election or defeat of a particular candidate or
NOTE: Streamers not exceeding 3
candidates to a public office.
feet by 8 feet in size are allowed at
the site and on occasion of a public
It does not include public expressions
meeting or rally or in announcing
of opinions or discussions of probable issues in
the holding of such meeting or
a forthcoming election or on attributes or
rally. Such streamers may be
criticisms of probable candidates proposed to
displayed 5 days before the date of
be nominated in a forthcoming political party
the meeting or rally and shall be
convention.
removed within 24 hours after said
meeting or rally.
Prohibitions
•Paid advertisements in print or
•Members of the board of election broadcast media. Such
inspections are prohibited from advertisements must comply with
engaging in any partisan political the following requirements:
activity or from taking part in the
election except to discharge their
duties as such and to vote. (Sec.
•Any published or printed
173, BP 881) political matter and any
broadcast of election
propaganda by TV or radio for or
•Officers or employees of the civil against a candidate or group of
service are prohibited from candidates to any public office
engaging directly or indirectly in shall bear and be identified by
any electioneering or partisan the reasonably legible or audible
political campaigns. (Art. IX-B, words “political advertisement
Sec. 2 (4), 1987 Constitution) paid for” followed by the true
and correct name and address of
•Members of the military are the candidate or party for whose
prohibited from engaging directly or benefit the election propaganda
indirectly in any partisan political was printed or aired. (Sec. 4.1,
activity except to vote. (Art. XVI, R.A. 9006)
Sec. 5 (3), 1987 Constitution)
•If the broadcast is given free
Campaign period of charge by the radio or TV
station, it shall be identified by
It is prohibited for any person, political the words "airtime for this
party or association of persons to engage in an broadcast was provided free of
election campaign or partisan political activity charge by" followed by the true
88
and correct name and address
of the broadcast entity. (Sec. •to give or accept, directly or
4.2, R.A. 9006)
indirectly, free of charge,
transportation, food or drinks or
•Print, broadcast or outdoor things of value during the five hours
advertisements donated to the before and after a public meeting,
candidate or political party shall on the day preceding the election,
not be printed, published, and on the day of the election;
broadcast or exhibited without
the written acceptance by the •to give or contribute, directly or
said candidate or political party. indirectly, money or things of value
Such written acceptance must for such purpose.
be attached to the advertising
contract and submitted to the Badoy v COMELEC (35 SCRA 285)
COMELEC within 5 days after its
signing. (Sec. 4.3, R.A. 9006, The prohibition against certain forms of
cf. Sec. 6.3, R.A. 9006) election propaganda was upheld as a valid
exercise of police power, “to prevent the
•All other forms of election perversion and prostitution of the electoral
propaganda not prohibited by the apparatus, and of the denial of due process of
Omnibus Election Code or the Fair law.”
Election Act of 2001.
Sanidad vs COMELEC ( 181 SCRA 529)
Adiong v. COMELEC (207 SCRA 712)
But this evil does not obtain in a
In this case, the Supreme Court plebiscite where the electorate is asked to vote
declared as unconstitutional COMELEC for or against issues not candidates.
Resolution No. 2347 insofar as it prohibits the
posting of decals and stickers on cars and Mass Media
other moving vehicles since it infringes on the
right to freedom of expression. The restriction Equal access to media time and space
is so broad as to include even a citizen's
privately-owned vehicle, which is equivalent to All registered parties and bona fide
deprivation of property without due process of candidates are guaranteed equal access to
law. media time and space under the Fair Election
Act. To this end, the COMELEC has the power
Prohibited Acts to supervise the use and employment of press,
radio and television facilities insofar as the
It is prohibited: placement of political advertisements is
concerned to ensure that candidates are given
For any foreigner: equal opportunities under equal circumstances
to make known their qualifications and their
•to aid any candidate or political stand on public issues. Of course, such
political advertisements must be within the
party, directly or indirectly;
limits set forth in the Omnibus Election Code
•totake part or influence in any and R.A. 7166 on election spending.
manner any election;
•to contribute or make any Pursuant to such end:
expenditure in connection with any
election campaign or partisan •Print advertisements shall not exceed
political activity 1/4 page, in broadsheet and 1/2 page in
tabloids thrice a week per newspaper,
For any person during the campaign magazine, or other publications, during
period: the campaign period;

•to remove, destroy, obliterate or in •Bona fide candidates and registered


any manner deface or tamper with political parties running for nationally
lawful election propaganda; elective office are entitled to not more
than 120 minutes of TV advertisement
•to prevent the distribution of
and 180 minutes of radio advertisement
lawful election propaganda whether by purchase or by donation;

For any candidate, political party,


organization or any person: •Bona fide candidates and registered
89
political parties running for locally elective permits to hold meetings, rallies and other
office are entitled to not more than 60 similar political activities must be immediately
minutes of TV advertisement and 90 posted in a conspicuous place in the city or
minutes of radio advertisement whether municipal building, and the receipt thereof
by purchase or by donation; acknowledged in writing. Such applications
must be acted upon in writing by local
•Broadcast stations or entities are authorities concerned within 3 days after the
required to submit copies of their filing thereof. If the application is not acted
broadcast logs and certificates of upon within said period, it is deemed
performance to the COMELEC for the approved.
review and verification of the frequency,
date, time and duration of advertisement The only justifiable ground for denial of
broadcast for any candidate or political the application for the permit is that a prior
party; written application by any candidate or political
party for the same purpose has been
•All mass media entities are required to approved.
furnish the COMELEC with a copy of all
contracts for advertising, promoting or Denial of any application for said
opposing any political party or the permit is appealable to the provincial election
candidacy of any person for public office supervisor or to the COMELEC whose decision
within 5 days after its signing; shall be made within 48 hours and which shall
be final and executory.
•No franchise or permit to operate a radio
or TV station shall be granted or issued, Notification of election registrar (Sec. 88,
suspended or cancelled during the B.P. 881)
election period.
The political party or candidate must
Media practitioners notify the election registrar of any rally. Within
7 working days, the political party or candidate
Moreover, media practitioners who are must submit to the election registrar the
officials of a political party or members of the expenses incurred during the rally.
campaign staff of a candidate or political party
prohibited from using their media time or COMELEC space, poster area, time and
space to favor any candidate or political party. information bulletin
Media practitioners or personalities who are
candidates for any elective public office or are COMELEC space
campaign volunteers for or employed or
retained in any capacity by any candidate or The COMELEC shall procure space in at
political party shall be deemed resigned, if so least one newspaper of general circulation in
required by their employer, or shall take a every province or city, or in the absence of
leave of absence from their work as such such newspaper, in any other magazine or
during the campaign period. periodical in said province or city, which shall
be known as “COMELEC Space.” COMELEC
Public exhibitions space shall be allocated to the COMELEC upon
payment of just compensation, and shall be
No movie, cinematograph, or utilized exclusively by the COMELEC for public
documentary portraying the life or biography of information dissemination on election-related
a candidate shall be publicly exhibited in a concerns. (Sec. 8, R.A. 9006)
theater, TV station or any public forum during
the campaign period. The same is true for Phil. Press Institute v. COMELEC
movies, cinematographs and documentaries
portrayed by actors or media personalities who The Supreme Court declared sec. 2 of
are themselves candidates. COMELEC Resolution 2722 compelling print
media companies to donate “COMELEC Space”
Rallies, meetings and other political as null and void. Sec. 2 does not constitute a
activity valid exercise of the power of eminent domain.
The element of necessity for the taking has not
Application for permits to hold rally (Sec. been shown by COMELEC. There is no showing
87, B.P. 881) that the members of the Philippine Press
Institute are unwilling to sell print space.
The holding of peaceful political rallies
during the campaign period is allowed. In Furthermore, it has not been
order to hold rallies, political parties must demonstrated that the COMELEC has been
follow the requirements of local ordinances on granted the power of eminent domain by the
the issuance of permits. All applications for Constitution or the Legislature. In addition,
90
sec. 2 does not constitute a valid exercise of physical limitations of the broadcast
police power. First, there was no effort to spectrum, the uniquely pervasive presence
show that police power was constitutionally of the broadcast media in the lives of all
delegated to the COMELEC. Second, no Filipinos, and the earlier ruling that the
attempt was made to demonstrate that a real freedom of TV and radio broadcasting is
and palpable or urgent necessity for the taking somewhat lesser than the freedom
of print space confronted the COMELEC. accorded to the print media.

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.)

Election surveys Exit polls

(Sec. 5, R.A. 9006) (Sec. 5.5, R.A. 9006)

Election surveys, defined Exit polls may only be taken subject to


the following requirements:
Election surveys refer to the
measurement of opinions and perceptions of •Pollsters shall not conduct their surveys
the voters as regards a candidate's popularity, within 50 meters from the polling place,
qualifications, platforms or a matter of public whether said survey is taken in a home,
discussion in relation to the election, including dwelling place and other places;
voters' preference for candidates or publicly
discussed issues during the campaign period. •Pollsters shall wear distinctive clothing;

Information required to be published in •Pollsters shall inform the voters that


the survey they may refuse to answer; and

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.

(Sec. 95, B.P. 881) Prohibited raising of funds

No contribution for purposes of


It is unlawful for any person to hold the
partisan political activity shall be made directly
following for the purpose of raising funds for an
or indirectly by any of the following:
election campaign or for the support of any
candidate from the commencement of the
•Public or private financial institutions.
election period up to and including election
However, they are not prohibited from day:
making any loan to a candidate or
political party if: •dances,
•lotteries,
(a)the financial institutions are
•cockfights,
legally in the business of lending
•games,
money,
•boxing bouts,
(b)the loan is made in •bingo,
accordance with laws and
•beauty contests,
regulations; AND,
•entertainments, or
(c)the loan is made in the cinematographic, theatrical or
ordinary course of business.
other performances
•Natural and juridical persons operating a It is unlawful for any person or
public utility or in possession of or organization, whether civic or religious, directly
exploiting any natural resources of the or indirectly, to solicit and/or accept from any
nation; candidate for public office, or from his
campaign manager, agent or representative, or
•Natural and juridical persons who hold any person acting in their behalf, any gift,
contracts or sub-contracts to supply the food, transportation, contribution or donation
government or any of its divisions, in cash or in kind from the commencement of
subdivisions or instrumentalities, with the election period up to and including election
goods or services or to perform day.
construction or other works;
Note, however, that normal and
•Natural and juridical persons who have customary religious stipends, tithes, or
been granted franchises, incentives, collections on Sundays and/or other designated
exemptions, allocations or similar collection days, are excluded from this
privileges or concessions by the prohibition.
government or any of its divisions,
subdivisions or instrumentalities, Expenditures
including GOCCs;

•Natural and juridical persons who, Expenditures defined


within 1 year prior to the date of the
election, have been granted loans or (Sec. 94b, BP 881)
other accommodations in excess of
P100,000 by the government or any of “Expenditure" includes the payment or
its divisions, subdivisions or delivery of money of anything of value, or a
instrumentalities including GOCCs; contract, promise or agreement to make an
expenditure, for the purpose of influencing the
•Educational institutions which have results of the election. It shall also include the
received grants of public funds use of facilities personally owned by the
amounting to no less than P100,000.00; candidate, the money value of the use of which
can be assessed based on the rates prevailing
•Officials or employees in the Civil in the area.
93
(i)For employment of counsel, the
Limitations on expenditures cost of which shall not be taken into
account in determining the amount of
(Sec. 13, R.A. 7166) expenditures which a candidate or
political party may have incurred;
The aggregate amount that a (j)For copying and classifying list of
candidate or registered political party may voters, investigating and challenging
spend for an election campaign shall be as the right to vote of persons registered
follows: in the list; such costs shall not be
taken into account in determining the
For Candidates amount of expenses which a
candidate or political party may have
•President and Vice-President: P 10 incurred;
for every voter currently registered (k)For printing sample ballots in
•Other Candidates: P 3 for every such color, size and maximum
number as may be authorized by the
voter current registered in the
COMELEC, such costs not to be
constituency where he filed his
taken into account in determining
certificate of candidacy
the amount of expenses which a
•Candidates Without a Political candidate or political party may have
Party: P 5 for every voter incurred;

For Political Parties Persons authorized to incur expenditures

P 5 for every voter currently


(Sec. 103, B.P. 881)
registered in the constituency or
constituencies where it has
Only the following persons are
official candidates
permitted by law to make any expenditure in
support of or in opposition to any candidate or
Lawful expenditures political party:

(Sec. 102, B.P. 881) •The candidate;


•The treasurer of a political party;
No candidate or treasurer of a political •Any person authorized by such
party shall, directly or indirectly, make any candidate or treasurer.
expenditure except for the following purposes:
Expenditures duly authorized by the
(a)For traveling expenses of the candidate or the treasurer of the political party
candidates and campaign shall be considered as expenditures of such
personnel in the course of the candidate or political party. The authority to
campaign and for personal incur expenditures must:
expenses incident thereto;
(b)For compensation of (1)be in writing;
campaigners, clerks, (2)be signed by the candidate or the
stenographers, messengers, and treasurer of the party;
other persons actually employed (3)show the expenditures so authorized;
in the campaign; (4)state the full name and exact address of
(c)For telegraph and telephone tolls, the person so designated; and
postage, freight and express delivery (5)be furnished the COMELEC.
charges;
(d)For stationery, printing and Prohibited donations
distribution of printed matters
relative to candidacy;
(Sec. 104, B.P. 881)
(e)For employment of watchers at the
polls;
No candidate, his or her spouse or any
(f)For rent, maintenance and
relative within the second civil degree of
furnishing of campaign headquarters,
consanguinity or affinity, or his campaign
office or place of meetings;
manager, agent or representative shall during
(g)For political meetings and rallies
the campaign period, on the day before and on
and the use of sound systems, lights
the day of the election, directly or indirectly,
and decorations during said meetings
make any donation, contribution or gift in cash
and rallies;
or in kind, or undertake or contribute to the
(h)For newspaper, radio, TV and other
construction or repair of roads, bridges, school
public advertisements;
buses, puericulture centers, medical clinics and
94
hospitals, churches or chapels cement expenditures must be preserved for at least 3
pavements, or any structure for public use or years after the holding of the election to which
for the use of any religious or civic they pertain, for their production for inspection
organization. by the COMELEC or its duly authorized
representative, or upon presentation of a
The same prohibition applies to subpoena duces tecum duly issued by the
treasurers, agents or representatives of any COMELEC.
political party.
Failure of the candidate or treasurer to
Normal and customary religious dues preserve such records or documents shall be
or contributions, such as religious stipends, deemed prima facie evidence of violation of
tithes or collections on Sundays or other this provision of law. (Sec. 106c, B.P. 881)
designated collection days, as well as periodic
payments for legitimate scholarships Filing of Statement of Contributions and
established and school contributions habitually Expenditures
made before the prohibited period, are
excluded from the prohibition. Duty to file

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)

Every candidate and treasurer of the Form and contents of statement


party shall keep detailed, full, and accurate
records of all contributions received and The statement shall be in writing,
expenditures incurred by him and by those subscribed and sworn to by the candidate or by
acting under his authority, setting forth therein the treasurer of the party, shall be complete as
all information required to be reported. (Sec. of the date next preceding the date of filing,
106b, B.P. 881) and shall set forth in detail the following:

Issuance of receipt (a)the amount of contribution, date


of receipt, and the full name and
Every candidate, treasurer of the exact address of the person from
political party, and person acting under the whom the contribution was received;
authority of such candidate or treasurer has (b)the amount of every expenditure,
the duty to: the date thereof, the full name and
exact address of the person to whom
(1)issue a receipt for every contribution payment was made, and the purpose
received; and of the expenditure;
(2)keep a receipt stating the particulars (c)any unpaid obligation, its nature
of every expenditure made. and amount, and to whom said
obligation is owing; and
Preservation of records (d)such other particulars which the
COMELEC may require.
Records of contributions and
95
If the candidate or treasurer of the (c)File with the COMELEC a report
party has received no contribution, made no setting forth the full names and exact
expenditure, or has no pending obligation, the addresses of the candidates,
statement shall reflect such fact. (Sec. 109, treasurers of political parties and other
B.P. 881) persons incurring such expenditures,
the nature or purpose of each
Effect of Failure to File expenditure, the date and costs
thereof, and such other particulars as
No person elected to any public office the COMELEC may require within 30
shall enter upon the duties of his office until he days after the day of the election.
has filed the statement of contributions and The report shall be signed and sworn
expenditures. (Sec. 14, R.A. 7166) The same to by the supplier or contractor, or by
prohibition also applies if the political party of the president or general manager in
the winning candidate fails to file the case of a business firm. (Sec. 112,
statement within the required period B.P. 881)

Failure to file the required statements


Repeal of Sec. 105-112 of B.P. 881 as
or reports constitutes an administrative
election offenses
offense. Offenders are liable to pay an
administrative fine ranging from P 1,000.00 to
P 30,000.00. Such fine shall be paid within 30 Prior to R.A. 7166, failure to comply
days from receipt of notice of such failure; with the duties imposed by Sec. 105-112 of
otherwise, the COMELEC shall enforce the B.P. 881 constituted election offenses that were
same by issuing a writ of execution against the punishable under Art. 262 of B.P. 881.
properties of the offender. The commission of However, Sec. 39 of R.A. 7166 repealed the
a second or subsequent offense under this inclusion of said provisions as election
section subjects the offender to an increased offenses, with such repeal to have retroactive
fine ranging from P 2,000.00 to P 60,000.00, effect.
and to a perpetual disqualification to hold
office. (Sec. 14, R.A. 7166) THE ELECTION PROPER

Except: Candidates for elective barangay IN GENERAL


office
What constitutes an election
Pilar vs. COMELEC (245 SCRA 759)

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.

How declared Method of voting


The declaration of a postponement of
Voter must vote in person.
election is decided by the COMELEC en banc by
a majority vote of its members. (Sec. 4, R.A.
The voter must personally deposit his
97
ballot. votes, in which case the voting shall
continue but only to allow said voters to
By the principle that what is done in cast their votes without interruption. The
one’s presence and by his express direction is, poll clerk shall prepare a complete list
in law, his act, an infirm or aged voter may containing the names of said voters
undoubtedly employ another to perform the consecutively numbered, and the voters
mechanical act of depositing in the voter’s so listed shall be called to vote by
presence the ballot which the latter has himself announcing each name repeatedly three
selected. times in the order in which they are
listed. Any voter in the list who is not
Voter must vote but once. present when his name is called out shall
not be permitted to vote.
Each voter shall vote but once, at any
election, for each office or measure to be voted Board of Election Inspectors
for.
At least 30 days before the date when
Voter need not vote the whole ticket. the voters list is to be prepared, in the case of
a regular election or 15 days before a special
It is entirely optional with the voter election, the COMELEC shall, directly or
whether he will vote at all or not, and he may through its duly authorized representatives,
vote for such offices as he chooses and for constitute a board of election inspectors for
such of the several persons to be chosen to the each precinct.
same office as he prefers.
Composition

Absentee Voting The Board of Election Inspectors is


composed of three (3) persons, namely:
Under RA 7166, absentee voting as
provided for in EO 157 shall apply to the •chairman
elections for President, Vice-President, and •poll clerk
Senators ONLY and shall be limited to: •member

•members of the AFP The entire Board shall be composed of


•members of the PNP public school teachers, priority to be given to
•other government officers and employees those with permanent appointments. (Sec.
164, BP 881, as amended by Sec. 13, R.A.
who are duly registered voters and who, on 6646) However, in case there are not enough
election day, may temporarily be assigned in public school teachers, the following may be
connection with the performance of their appointed for election duty:
election duties to places where they are not
registered voters. •teachers in private schools;
•employees in the civil service;
Block Voting or
•other citizens of known
There is no longer block voting under probity and competence who
current Philippine Election Laws, having been are registered voters of the city
expressly prohibited by Art. IX-C, Sec. 7 of the or municipality
1987 Constitution.
Qualifications
However, it must be noted that under 1) public school teachers
the party-list system, votes may be counted in 2) be of good moral character and
favor of political parties, organizations or irreproachable reputation
coalitions rendered under said system. This, in 3) a registered voter of the City or
a way, may be construed as the exception to municipality
the prohibition on block voting. 4) never been convicted of any election
offense or any other crime punishable
Voting Hours by more than 6 months imprisonment
5) able to speak and write English or the
local dialect
GENERAL RULE: The casting of votes
shall be at 7 a.m. and shall end at 3 p.m.
Disqualifications
EXCEPTION: When there are voters 1) must not be related within the 4th civil
present within 30 meters in front of the degree by consanguinity or affinity to
polling place who have not yet cast their any member of the BEI or to any
98
candidate to be voted for in the polling representation, may appoint two watchers, to
places serve alternately, in every polling place.
2) must not engage in any partisan
political activity However, candidates for Sangguniang
Panlalawigan, Sangguniang Lunsod and
Powers of the Board of Election Sangguniang Bayan, belonging to the same
Inspectors (Sec. 168, BP 881) ticket or slate shall collectively entitled to 1
watcher.
The board of election inspectors shall
have the following powers and functions: Duly accredited citizens’ arms of the
Commission, shall be entitled to appoint a
•Conduct the voting and counting of watcher in every polling place. Other civic,
votes in their respective polling places; religious, professional, business, service,
youth, and other similar organization, with
•Act as deputies of the Commission in prior authority from the Commission, shall be
the supervision and control of the entitled collectively, to appoint 1 watcher in
election in the polling places wherein polling place.
they are assigned, to assure the
holding of the same in a free, orderly Qualifications:
and honest manner; 1) Qualified voter of the city or
municipality
•Perform such other functions 2) Good reputation
prescribed by the Omnibus Election 3) Never been convicted of any election
Code or by the rules and regulations offence or any crime
promulgated by the COMELEC 4) Knows how to read and write English,
Pilipino or any of the prevailing local
Proceedings dialects
5) Not related within the 4th civil degree
Shall be public and held only in the by consanguinity or affinity to any
polling places. member of the BEI in the polling place
where he seeks appointment as
Exception: the counting of the votes watcher.
and the preparation of the return may be done
in the nearest safe baranggay or school Rights and duties:
building within the municipality BY unanimous 1) Stay in the space reserved for then
vote of the board and concurred in by the inside the polling place
majority of the watchers present IF there is 2) Witness and inform themselves of the
imminent danger of violence, terrorism, proceedings of the BEI
disorder or similar causes. 3) Take notes, photographs of
proceedings
The BEI shall act through its 4) File protests against any irregularities
Chariman, and shall decide without delay by or violation of law
majority vote all questions which may arise in 5) Be furnished with a certificate of the
the performance of its duties. number of votes cat for each
candidate, duly signed and thumb
Prohibitions on the Board of Election marked by the members of the BEI.
Inspectors
CASTING OF VOTES
No member of the Board shall, before
the termination of the voting, make any
announcement as to whether a certain Authentication of the ballot
registered voter has already voted or not, as to
how many have already voted or how many so In every case, before delivering an
far have failed to vote, or any other fact official ballot to the voter, the chairman of the
tending to show or showing the state of the Board of Election Inspectors shall affix his
polls, nor shall he make any statement at any signature at the back of the ballot in the
time as to how any person voted, except as presence of the voter.
witness before a court. (Sec. 205, BP 881)
Failure to authenticate shall be noted in
Watchers the minutes of the Board of Election Inspectors
and shall constitute an election offense. (Sec.
Each candidate and each political party 24, R.A. 7166)
or coalition of political parties duly registered
with the Commission including those There is nothing in the law that
participating under the party list system of provides that a ballot which has not been
99
authenticated shall be deemed spurious. The unable to prepare the ballot by himself
law merely makes the Chairman of the Board may be assisted in the preparation of
of Election Inspectors accountable for such an his ballot by the following:
omission. (Libanan v. HRET, G.R. No. 129783,
December 22, 1997) Thus, it was held in (a)a relative by affinity or
Punzalan v. COMELEC (289 SCRA 702) that the consanguinity within the fourth civil
ballot is valid even if it is not signed at the degree, or
back by the BEI Chairman.
(b)if (a) is not available, then any
Preparing the ballot and voting person of his confidence who
belongs to the same household; or
(1) The voter, upon receiving his
folded ballot, shall forthwith proceed to (c)any member of the board of
one of the empty voting booths and shall election inspectors.
there fill his ballot by writing in the
proper space for each office the name of In no case shall an assistor assist
the individual candidate for whom he more than 3 times.
desires to vote.
The person assisting shall:
No voter shall be allowed:
•prepare the ballot for the
illiterate or disabled voter inside
•to enter a booth occupied by the voting booth;
another, nor enter the same
accompanied by somebody, •bind himself in a formal
except as provided for in the document under oath to fill out
succeeding section hereof; the ballot strictly in accordance
with the instructions of the voter
•to stay therein for a longer and not to reveal the contents of
time than necessary the ballot prepared by him.

•to speak with anyone other A violation of these 2 duties


shall constitute an election
than as herein provided while
offense.
inside the polling place.
Spoiled Ballots
It shall be unlawful:
If a voter should accidentally
•to prepare the ballot outside the spoil or deface a ballot in
voting booth; such a way that it cannot
•to exhibit its contents to any lawfully be used, he shall
person surrender it folded to the
chairman who shall note in
•to erase any printing from the the corresponding space in
ballot the voting record that said
•to intentionally tear or deface ballot is spoiled. The voter
the same or put thereon any shall then be entitled to
distinguishing mark; another ballot which the
chairman shall give him after
•to use carbon paper, paraffin
announcing the serial number
paper, or other means for making of the second ballot and
a copy of the contents of the recording the serial number
ballot; in the corresponding spaces
•to make use of any other means in the voting record.
to identify the vote of the voter.
No voter shall change his ballot
Preparation of Ballots for Illiterates and more than once. (Sec. 14, R.A. 8436)
Disabled Persons (Sec. 196, B.P. 881)
The spoiled ballot
No voter shall be allowed to vote as an shall, without being unfolded
illiterate or as a physically disabled and without removing the
unless it is so indicated in his detachable coupon, be
registration record. distinctly marked with the
word "spoiled" and signed by
A voter who is illiterate or physically the board of election
100
inspectors on the returned to the chairman
endorsement fold thereof and whose detachable coupon
immediately placed in the has been removed not in
compartment for spoiled the presence of the board
ballots. of election inspectors and
of the voter, shall be
considered as spoiled and
(2) After the voter has filled his ballot shall be so marked and
he shall fold it in the same manner as signed by the members of
when he received it and return it to the the board of election
chairman. inspectors.

(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.

•Corrected name written over the canceled HOW


BALLOT
one on the space for councilor although he COUNTED
is a candidate for mayor. Ballots containing the name
of a candidate affixed
•Mistakes in writing names of local Totally VOID
thereto through any
candidates in spaces for senators and MECHANICAL process
writing again the names of his candidates
for councilors in the proper spaces. Ballot clearly appears to
have been FILLED by 2
•Unintentional, accidental, unintelligible DIFFERENT PERSONS Totally VOID
marks or words. before deposited in ballot
box
•Accidental placing of a stain.
Ballot written with CRAYON,
LEAD PENCIL or INK, wholly Valid
•Voting names of non-candidates in the or in part
absence of evidence that these names were
used as identifying marks. Considered as a
INITIALS only or ILLEGIBLE
STRAY vote BUT
or does NOT sufficiently
Appreciation of Ballots shall NOT
identify the candidate for
invalidate the
whom it is intended
whole ballot
Guiding Principles in the Appreciation of
Ballots Vote for a person who has
Considered as a
not filed a certificate of
DOUBTS are to be resolved in FAVOR of STRAY vote BUT
candidacy or in favor of a
the validity of ballots. The purpose is of shall NOT
candidate for an office for
election laws is to give effect and not to invalidate the
which he did not present
frustrate the WILL of the voter. whole ballot
himself

LIBERAL CONSTRUCTION in reading Considered as a


the ballots, and intendments should be in favor Vote for a candidate who STRAY vote but
of a reading which render the ballot EFFECTIVE has been disqualified by shall not
rather than in favor of a conclusion which on final judgment invalidate the
some technical grounds would render it whole ballot
ineffective. Only candidates’ FIRST
NAME or SURNAME is
Minor blemishes should not affect the Vote for the
written, and there is NO
validity of the ballot where the intention of the candidate is
other candidate with the
voter to vote for certain persons is discernible valid
same first name or
in the ballot. surname for the same office

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)

PROVINCIAL CITY MUNICIPAL

Chairman Provincial election City election registrar or a Election registrar or a


supervisor or lawyer in the lawyer of COMELEC; representative of COMELEC
regional office of the
COMELEC In cities with more than 1
election registrar,
COMELEC shall designate
the election registrar who
shall act as chairman

Vice Chair provincial fiscal city fiscal municipal treasurer

Member provincial superintendent city superintendent of most senior district school


of schools schools supervisor or in his
absence a principal of the
school district or the
elementary school

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:

PROVINCIAL CITY MUNICIPAL

Chairman Ranking lawyer of the Ranking lawyer of the Ranking lawyer of the
COMELEC COMELEC COMELEC

Vice (1)Provincial auditor (1)City auditor or (1)Municipal Administrator;


Chairman (2)Registrar of Deeds equivalent; (2)Municipal Assessor;
(3)Clerk of Court (2)Registrar of Deeds; (3)Clerk of Court
nominated by the (3)Clerk of Court nominated by the
Executive Judge of the nominated by the Executive Judge of the
RTC; Executive Judge of the MTC;
(4)Any other available RTC; (4)Any other available
appointive provincial (4)Any other available appointive municipal
official appointive city official official

Member Same as for Vice-Chairman Same as for Vice-Chairman Same as for Vice-Chairman
When Ministerial

If there are no irregularities in the


Prohibitions on the Board of Canvassers election returns, the duty of the Board in
canvassing the votes on the election returns
submitted to it consists in the simple matter of
•The chairman and the members of the Board arithmetic. Once the COMELEC or the board of
of Canvassers shall not be related within the 4th canvassers is satisfied in the authenticity of the
civil degree of consanguinity or affinity to any returns, it has no power to look beyond the
of the candidates whose votes will be face thereof, and its task of tallying is merely
canvassed by said board, or to any member of ministerial.
the said board. (Sec. 222, B.P. 881)
When there is an error in the
•No member or substitute member of the computation which is discovered after
different boards of canvassers shall be proclamation, the board of canvassers can
transferred, assigned or detailed outside of his simply correct the error; the remedy being
official station, nor shall he leave said station purely administrative.
without prior authority of the COMELEC during
the period beginning election day until the When Quasi-Judicial
proclamation of the winning candidates. (Sec.
223, B.P. 881) The board of canvassers must be
satisfied that the election returns submitted to
it are genuine and authentic. Thus, the board
•No member of the board of canvassers shall
of canvassers will not be compelled to canvass
feign illness in order to be substituted on the returns when they are found to be:
election day until the proclamation of the
winning candidates. Feigning of illness •obviously manufactured;
constitutes an election offense. (Sec. 224,
•contrary to probabilities;
B.P. 881)
•clearly falsified; or
•not legible
Jurisdiction of COMELEC over the Board
of Canvassers
Canvass by the Board
COMELEC has direct control and
supervision over the board of canvassers. Any (Sec. 231, B.P. 881)
member of the Board may, at any time, be
relieved for cause and substituted motu propio The Board of Canvassers must meet
by the COMELEC. (Sec. 227, B.P. 881) not later than 6:00 p.m. on election day to
receive the election returns and canvass those
COMELEC has the power to investigate received. The Board of Canvassers must meet
and act on the propriety or legality of the continuously from day to day until the canvass
canvass of election returns made by the board is completed. The Board of Canvassers may
of canvassers. adjourn ONLY for the purpose of awaiting other
election returns. When it adjourns, it shall
make a total of all votes canvassed so far for
Nature of the Board of Canvassers’ Duties
each candidate for each office furnishing the
COMELEC in Manila a certified copy and to
A canvassing board's task is to compile make available copies to the media and other
and add the results as they appear in the interested parties. The Board of Canvassers
election returns transmitted to it. (Guiao v. must resume canvassing once more returns
COMELEC, 137 SCRA 366) are received.

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.

To allow a respondent to raise belated


questions before the COMELEC as to the
legislative district: 36 hours returns during the review of a case before the
COMELEC, which question has not been raised
slative district: 48 hours before the board of canvassers, would mean
undue delays in the pre-proclamation
proceedings.

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.

The Board of Canvassers may Conclusiveness of findings


constitute such number of canvassing
committees as may be necessary for the board The findings of the board of canvassers
to complete the canvass within the period and the certificate of election issued by them
prescribed. are not conclusive but are merely PRIMA FACIE
evidence of the result and title to the office of
Each committee shall be composed of those declared elected.
3 members, each member to be designated by
the chairman and members of the board. As to all other collateral matters, the
Before the election, all candidates shall be findings of the board are conclusive. However,
notified in writing of the number of committees such findings are not conclusive in a direct
to be constituted so that they can designate proceeding to try title to the office.
their watchers in each committee.
The fact of having a plurality of votes
The committees shall be under the lawfully cast is what confers title to the office
direct supervision and control of the board. UNLESS one is allowed to go behind the
certificate or returns to establish title to the
Principles governing canvass proceedings office before the appropriate tribunal.

There must be a strong prima facie


case backed up by a specific offer of evidence,
and an indication of its nature and importance
has to be made out to warrant the reception of
evidence aliunde, for the presentation of
witnesses and the delays necessarily entailed
thereby.

When COMELEC has determined after


investigation and examination of the voting
and registration records that ACTUAL VOTING
and ELECTION took place in the questioned
precincts, election returns cannot be
disregarded but are accorded prima facie
status as bona fide reports of the result of
voting for canvassing and proclamation
purposes.

COMELEC should guard against


PROCLAMATION GRABBING and against
Duties of the Provincial, City, District and Municipal Board of Canvassers (Sec. 28, R.A. 7

BOC CANVASS PREPARE CERTIFICATE OF PROCLAIM


CANVASS

Municipal President President Elected Municipal Officia


Vice-President Vice-President
Senators Senators
Congressmen Congressmen
Elective Provincial Officials Elective Provincial Officials
Elective Municipal Officials

City – cities which don’t President President Elected City Officials


comprise at least legislative Vice-President Vice-President
district
Senators Senators
Congressmen Congressmen
Elective Provincial Officials Elective Provincial Officials
Elective City Officials

City – cities comprising 1 or President President Congress-men


more legislative districts Vice-President Vice-President Elected City Officials
Senators Senators
Congressmen
Elective City Officials

District BOC – for each President President Congress-men


municipality in Metro Manila Vice-President Vice-President Elected Municipal Officia
comprising a legislative district
Senators Senators
Congressmen
Elective Municipal Officials

Municipal BOC – for each President President Elected Municipal Officia


component municipality in a Vice-President Vice-President
legislative district in Metro
Manila Senators Senators
Congressmen Congressmen
Elective Municipal Officials

District BOC – in each President President Elected Congressmen in


legislative district comprising 2 Vice-President Vice-President Legislative District
municipalities in Metro Manila
Senators Senators
Congressmen

Provincial President President Elected congressmen


Vice-President Vice-President Elected Provincial Officia
Senators Senators Plebiscite Results
Congressmen
Elective Provincial Officials
Plebiscite Results

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

1st copy: Provincial board of canvassers Congress as the National Board of


– for canvassing of election Canvassers
results for President, Vice-
President, Senators, Members (Sec. 30, R.A. 7166)
of the House of
Representatives and Elective Congress shall determine the
Provincial Officials authenticity and due execution of the
certificate of canvass for President and Vice
2nd copy: COMELEC President as accomplished and transmitted by
the local board of canvassers, on a showing
3rd copy: To be kept by the chairman of that:
the board of canvassers

4th copy: Citizens' arm designated by the


(1)Each certificate was executed, signed
COMELEC to conduct media- and thumb marked by the chairman and
based unofficial count members of the board of canvassers and
transmitted to Congress by them;
5th to 7th copies: Representatives of any
3 of 6 major political parties (2)Each certificate contains the names of all
according to the voluntary the candidates for President, Vice-
agreement of the parties; if President, and their corresponding votes in
there is no agreement, words and in figures; and
COMELEC shall decide based on
the criteria under sec. 26 of RA (3)There exists no discrepancy in other
7166 authentic copies of the certificate or in the
votes both in words and figures in the
City Boards of Canvassers of cities same certificate.
comprising one or more legislative
districts, Provincial Boards of Canvassers, Completion of the Certificate of Canvass
and District Boards of Canvassers in the
Metro Manila area: If the certificate of canvass appears to
be incomplete, the Senate President shall
The foregoing Boards of Canvassers require the board of canvassers concerned to
shall prepare the certificates of canvass for TRANSMIT (by personal delivery within 2 days
President, Vice-President and Senators in 7 from notice) the election returns from the
copies to be distributed as follows: polling places that were not included in the
certificate of canvass and supporting
statements. preliminary determination of the authenticity
and due execution of the certificates of canvass
When there appear erasures or to a Joint Congressional Committee constituted
alterations in the certificate of canvass which under the Rules adopted by the Joint Session
may cast doubt as to the veracity of the of Congress.
number of votes stated therein and may affect
the result of the election, Congress shall, for Pimentel Jr. vs. Joint Committee of
the sole purpose of verifying the actual number Congress to Canvass the Votes Cast for
of votes, COUNT the votes as they appear in President and Vice President
the copies of the election returns submitted to
it, upon request of a presidential or vice- Even after Congress had adjourned its
presidential candidate or their party. (Sec. 30, regular session, it may continue to perform the
R.A. 7166) constitutional duty of canvassing the
presidential and vice-presidential election
Canvass of Votes for the President and results without need of any call for a special
Vice-President (Sec. 24, R.A. 8436) session by the President.

The certificates of canvass for PROCLAMATION


President and Vice-President shall be duly
certified by the board of canvassers of each Duties of Board of Canvassers
province or city.
After the canvass of election returns, in
The certificates of canvass for the absence of a perfected appeal to the
President and Vice-President shall be COMELEC, the Board of Canvassers shall
transmitted to Congress, directed to the proclaim the candidates who obtained the
Senate President. Upon receipt of the highest number of votes cast in the province,
certificates of canvass, the Senate President city, municipality or barangay, on the basis of
shall not later than 30 days after the day of the the certificates of canvass. Failure to comply
election OPEN all the certificates in the with this duty constitutes an election offense.
presence of the Senate and the House of (Sec. 231, B.P. 881)
Representatives in joint public session.
The Board of Canvassers shall not
Congress upon the determination of proclaim any candidate as winner unless
the authenticity and due execution thereof, authorized by the COMELEC after the latter has
shall canvass the votes. ruled on any objections brought to it on appeal
by a losing party. Any proclamation made in
The person having the highest number violation hereof shall be void ab initio, unless
of votes shall be proclaimed elected. In case 2 the contested returns will not adversely affect
or more persons shall have an equal and the results of the election.
highest number of votes, one of them shall be
chosen by vote of MAJORITY of all the Once the Board of Canvassers has
members of BOTH the Senate and the House of completed its duty, the board cannot meet
Representatives, voting separately. again and re-canvass the votes or reverse their
prior decision and announce different results.
(To be discussed in the last part of this
reviewer.) When proclamation void
Makalintal vs. Comelec A proclamation is void when it is based
on incomplete returns (Castromayor v.
The Overseas Absentee Voting Act of COMELEC, 250 SCRA 298) or when there is
2003 insofar as it grants sweeping authority to yet no complete canvass (Jamil v. COMELEC,
the Comelec to proclaim all winning G.R. No. 123648, Dec. 15, 1997).
candidates, is unconstitutional as it is
repugnant to sec 4 art VII of the Constitution, A void proclamation is no proclamation
which vests in Congress the authority to at all, and the proclaimed candidate’s
proclaim the winning Presidential and Vice assumption into office cannot deprive the
Presidential candidates. COMELEC of its power to annul the
proclamation.
Ruy Elias Lopez vs. Senate of the
Philippines Utto vs. Comelec (Gr 150111 Jan 31, 2002)
Congress may validly delegate the An incomplete canvass of votes is
illegal and cannot be made the basis of a
proclamation. A canvass cannot be reflective of Upon the expiration of the deadline for
the true vote of the electorate unless all the filing of certificates of candidacy in a
returns are considered and none is omitted. special election called to fill a vacancy in
an elective position other than for President
The fact that a candidate illegally and Vice-President, when there is only one (1)
proclaimed has assumed office is not a bar to qualified candidate for such position, the lone
the exercise by the Comelec of the authority to candidate shall be proclaimed elected to the
annul any canvass and proclamation illegally position by proper proclaiming body of the
made. COMELEC without holding the special election
upon certification by the COMELEC that he is
Where a proclamation is null and void, the only candidate for the office and is
the proclaimed candidate’s assumption of office therefore deemed elected. (Sec. 2)
cannot deprive the Comelec of the power to
declare such a proclamation a nullity. In the absence of any lawful ground to
deny due course or cancel the certificate of
Partial proclamation (Sec. 21, R.A. 7166) candidacy in order to prevent such
proclamation, as provided for under Sec. 69
Notwithstanding the pendency of any and 78 of the Omnibus Election Code, the lone
pre-proclamation controversy, the COMELEC candidate shall assume office not earlier than
may summarily order the proclamation of other the scheduled election day. (Sec. 3)
winning candidates whose election will not be
affected by the outcome of the controversy. The COMELEC shall decide petitions for
disqualification not later than election day.
Election Resulting in a Tie (Sec. 240, B.P. Otherwise, such petitions shall be deemed
881) dismissed. (Sec. 3)

A tie occurs when: MODES OF CHALLENGING CANDIDACY &


ELECTION RESULTS
(a) 2 or more candidates receive an
equal and highest number of votes; or

(b) 2 or more candidates are to be


NUISANCE CANDIDATES &
elected for the same position and 2 or
CANCELLATION OF CERTIFICATE OF
more candidates received the same
CANDIDACY
number of votes for the LAST PLACE in
the number to be elected.
Declaration of Nuisance Candidacy
The board of canvassers, by resolution,
upon 5 days notice to all tied candidates, shall (Sec. 5, R.A. 6646)
hold a special PUBLIC MEETING at which the
board shall proceed to the DRAWING OF LOTS Grounds for declaration of nuisance
of the candidates who have tied and shall candidacy
proclaim as elected the candidates who may be
favored by luck. See discussion under Certificate of Candidacy.

The candidates so proclaimed shall Nature of proceedings


have the right to assume office in the same
manner as if he had been elected by plurality Proceedings to have a candidate
of vote. declared as a nuisance candidate are summary
in nature. In lieu of oral testimonies, the
The board of canvassers shall forthwith parties may be required to submit position
make a certificate stating the name of the papers together with affidavits or counter-
candidate who had been favored by luck and affidavits and other documentary evidence.
his proclamation on the basis thereof.
Procedure for declaration of candidate as
Nothing in the above shall be nuisance candidate
construed as depriving a candidate of his right
to contest the election. WHAT FILED: Verified petition

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)

(1)The petition is filed with the COMELEC Nature of proceedings


personally or through duly-authorized
representative within 5 days from the last day Proceedings for cancellation or denial
for the filing of certificates of candidacy. of due course of a certificate of candidacy are
Filing by mail is not allowed. summary in nature.

(2)Within 3 days from the filing of the Procedure


petition, the COMELEC shall issue summons
to the respondent candidate, together with a WHO MAY FILE: Any citizen of voting age, or
copy of the petition and its enclosures, if any. A duly registered political
party, organization, or coalition
(3)The respondent shall then have 3 days of political parties
from receipt of the summons to file his
verified answer (not a motion to dismiss) to WHEN FILED: Within 5 days from the last day
the petition, serving copy thereof upon the for the filing of certificates of
petitioner. Grounds for a motion to dismiss candidacy
may be raised as an affirmative defense.
WHERE FILED: With the Law Department of
(4)The COMELEC may then designate any of the COMELEC
its officials who are lawyers to hear the case
and receive evidence. In lieu of oral PRE-PROCLAMATION CONTROVERSIES
testimonies, the parties may be required to
submit position papers together with
Meaning of Pre-Proclamation Controversy
affidavits or counter-affidavits and other
documentary evidence. The hearing officer
shall immediately submit to the COMELEC his A pre-proclamation controversy refers
findings, reports, and recommendations to any question or matter pertaining to or
within 5 days from the completion of such affecting the proceedings of the board of
submission of evidence. canvassers, or any matter raised under Sec.
233-236 of BP 881 in relation to the
(5)The COMELEC shall then render its decision preparation, transmission, receipt, custody and
within 5 days from receipt of the findings of appreciation of the election returns. (Sec.
the hearing officer. This decision shall be 241, BP 881)
disseminated by the COMELEC to the city or
municipal election registrars, boards of The institution of the pre-proclamation
election inspectors, and the general public in controversy was intended to prevent the
the political subdivision concerned within 24 nefarious practice known as “grab-the-
hours through the fastest available means. proclamation, prolong-the-protest”.

(6)After 5 days from receipt of the parties, the Jurisdiction


decision becomes final and executory unless
stayed by the Supreme Court. The COMELEC has exclusive jurisdiction
over pre-proclamation cases. It may order,
Cancellation of Certificate of Candidacy motu propio or upon written petition, the
partial or total suspension of the proclamation
Grounds for cancellation of certificate of of any candidate-elect or annul partially or
candidacy totally any proclamation, if one has been
made. (Sec. 242, BP 881)
A certificate of candidacy may be
cancelled or denied due course on either of the Olfato vs. Comelec ( 103 SCRA 741)
following grounds:
While the Comelec has merely
appellate jurisdiction over election contests
involving municipal offices, it cannot be shortening of the period during which no
deprived of its exclusive jurisdiction over pre- winners are proclaimed, a period commonly
proclamation contests. fraught with tension and danger for the public.
For those who disagree with the policy, the
It is immaterial if some of the grounds recourse is with the legislature.
adduced are grounds for an election contest
rather than for a pre-proclamation controversy. The mandatory requirement to comply
with the procedure for a pre-proclamation
When not allowed controversy is in view of the policy to have a
quick determination of the election results.
Pre-proclamation controversies on
matters relating to the preparation, Manifest errors
transmission, receipt, custody and appreciation
of the election returns or the certificates of The Comelec may entertain petitions for the
canvass, are not allowed for the following correction of “manifest errors” in the Certificate
positions: of Canvass or in the election returns.

•President To be “manifest”, the errors must appear on


the face of the Certificates of Canvass or
•Vice President
election returns sought to be corrected, and
•Senator
objections thereto must have been made
•Member of the House of Representatives before the Board of Canvassers and specifically
(Sec. 15, R.A. 7166) noted in the minutes of their respective
proceedings (Chavez vs. Comelec 211 SCRA
However, this does not preclude the 315)
authority of the appropriate canvassing body
motu propio or upon written complaint of an A “manifest error” is one that is visible to
interested person to correct manifest errors in the eye or obvious to the understanding; that
the certificate of canvass or election returns which is open, palpable, incontrovertible,
before it. needing no evidence to make it more clear.
( O’Hara vs. Comelec GR no. 148941-42 Mar
Nature of proceedings 12, 2002)

All pre-proclamation controversies shall Bince vs. Comelec


be heard summarily by the COMELEC after due
notice and hearing. This is because canvass A petition for correction of errors in the
and proclamation should be delayed as little as Certificate of Canvass may be filed at any time
possible. Questions which require more before proclamation.
deliberate and necessarily longer consideration
are left for examination in the corresponding Torres vs. Comelec
election protest. (Sison v. COMELEC, G.R. No.
134096. March 3, 1999) Although the provision applies to a pre-
proclamation controversy, there is nothing to
Parties adversely affected by a ruling of the prevent its application to cases in which the
board of canvassers on questions affecting the validity of the proclamation is in question.
composition or proceedings of the board may
appeal the matter to the Commission with 3 Since the Statement of Votes is the
days from a ruling thereon. The Commission basis of the Certificate of Canvass and of the
shall summarily decide the case within 5 days proclamation, any error in the Statement
from the filling thereof ( Sec 19 RA 7166) affects the validity of the proclamation.

Dimaporo v. COMELEC Ramirez vs. Comelec

The policy behind limiting the issues of Corrections should be made by


the pre-proclamation controversy is to inserting the corrections in the Statement of
determine as quickly as possible the results of Votes or by preparing a new Statement of
the elections on the basis of the canvass. It Votes incorporating the corrections.
may well be true that the public policy may
occasionally permit the occurrence of grab the
proclamation and prolong the protest Pre-proclamation Cases of Actions for
situations; that public policy however, balances cases Annulment of
the possibility of such situations against the Election Results
or Declaration of Neither can the Certificate of Votes be used for
Failure of Elections the canvass because it was signed only by the
Restricted to an Comelec may Chairman.
examination of the conduct technical
lection returns on examination of (3) The election returns were:
their face. election documents
and compare and •prepared under duress, threats, coercion,
Without jurisdiction analyze voters’ intimidation or
to go beyond or signatures and •obviously manufactured or not authentic
behind elections fingerprints in order to
returns and determine whether or Lagumbay v. Comelec (16 SCRA 175),
investigate election not the elections had
irregularities indeed been free, The Supreme Court empowered the
honest and clean Commission on Elections to nullify certain
contested returns on the ground of
Lee vs. Comelec "statistical improbabilities", when WE
sustained the authority of the Commission to
Where there is a prima facie showing examine voting records, the number of ballots
that the return is not genuine, the principle and the number of votes reportedly cast and
that in pre-proclamation cases, the Comelec is tallied for each and every candidate, when the
without jurisdiction to go beyond or behind the returns are obviously false or fabricated. In
election returns and investigate irregularities, said case, WE, adopted "a practical approach
does not apply. to the Commissions mission to insure a free
and honest elections" by denying prima facie
Issues that may be Raised recognition to the election returns on the
ground that they were manifestly
(1)Illegal composition or proceedings of the manufactured or falsified.
board of election canvassers
(4) Substituted or fraudulent returns in
Laodeno vs. Comelec ( 276 SCRA 705) controverted polling places were
canvassed, the results of which
By participating in the proceedings, the materially affected the standing of the
petitioner is deemed to have acquiesced in the aggrieved candidate(s).
composition of the Board of Canvassers.
(5) Manifest errors in the Certificates of
(2) Canvassed election returns are either: Canvass or Election Returns (Sec. 15,
R.A. 7166; Chavez v. COMELEC, 211
•incomplete SCRA 315)
•contain material defects
It must be noted that this enumeration
•appear to be tampered with or falsified
is restrictive and exclusive. The complete
•contain discrepancies in the same returns
election returns whose authenticity is not
or in other authentic copies questioned must be prima facie considered
valid for purposes of canvass and
Patoray vs. Comelec (249 SCRA 440) proclamation. To allow a re-count or a re-
appreciation of the votes in every instance
It is an error for the Comelec to would paralyze canvass and proclamation.
exclude from the canvass election returns
where the defect in the return refers only to
Issues that cannot be raised
some incomplete data.

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)

Procedure If initiated directly with the COMELEC:

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.

WHEN: It depends: The Board of Canvassers shall not


commence, proceed or resume canvass unless
(a)If petition involves the illegal otherwise ordered by the COMELEC. (Sec. 5,
composition or proceedings of the Rule 27, COMELEC Rules of Procedure)
board, it must be filed immediately
when the board begins to act as such (b)Matters relating to the preparation,
(Laodeno v. COMELEC, 276 SCRA transmission, receipt, custody and
705), or at the time of the appreciation of the election returns and
appointment of the member whose certificates of canvass
capacity to sit as such is objected to
if it comes after the canvassing of the WHERE: Only with the Board of
board, or immediately at the point Canvassers
where the proceedings are or begin to
be illegal. Otherwise, by participating WHEN: At the time the questioned
in the proceedings, the petitioner is return is presented for
deemed to have acquiesced in the inclusion in the canvass.
composition of the Board of
WHO: Any candidate, political party canvass after all the uncontested returns
or coalition of political parties have been canvassed and the contested
return ruled upon by it.
PROCEDURE:
(8)Within 48 hours from the ruling, the
(1)The contesting party makes an oral party adversely affected files a written
objection to the chairman of the Board of and verified notice of appeal with the
Canvassers at the time the questioned Board. The party then files an appeal
return is presented for inclusion in the with the COMELEC within a non-
canvass. Such objection is recorded in extendible period of 5 days thereafter.
the minutes of canvass. Simultaneous
with the oral objection, the objecting (9)Immediately upon receipt of the notice
party enters his objection in the form for of appeal, the Board makes an
written objections prescribed by the appropriate report to the COMELEC,
COMELEC. elevating therewith the complete records
and evidence submitted in the canvass,
(2)Upon receipt of such objection, the and furnishing the parties with copies of
Board automatically defers the canvass of the report.
the contested returns and proceeds to
canvass the returns which are not (10)The COMELEC summarily decides the
contested by any party. appeal within 7 days from receipt of the
record and evidence elevated to it by the
(3)Within 24 hours from and after the Board.
presentation of such objection, the
objecting party submits the evidence in (11)The COMELEC's decision becomes
support of the objection, which shall be executory after the lapse of 7 days from
attached to the form for written receipt thereof by the losing party.
objections.
(12)The COMELEC then authorizes the
Within the same 24-hour period, Board of Canvassers to proceed with the
any party may file a written and proclamation of the winner. Any
verified opposition to the objection proclamation made without COMELEC
in the prescribed COMELEC form, authorization is void ab initio, unless the
attaching supporting evidence, if contested returns do not adversely affect
any. The Board shall not entertain the results of the election. (Sec. 20, R.A.
any objection or opposition unless 7166)
reduced to writing in the prescribed
forms. This procedure is mandatory. Non-
compliance with any of the steps above is fatal
(4)The Board chairman immediately and to the pre-proclamation petition.
formally admits the evidence attached to
the objection or opposition by affixing his
Effect of filing of pre-proclamation
signature at the back of each and every
controversy
page thereof.

(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

Procedure Any candidate who has been declared


by final judgment to be disqualified shall not
(1)Petitioner files verified petition with the be voted for, and the votes cast for him shall
Law Department of the COMELEC. not be counted.

(2)Unless a shorter period is deemed If for any reason a candidate is not


necessary by circumstances, within 24 disqualified before an election and he is
hours, the Clerk of Court concerned serves subsequently voted for and receives the
notices to all interested parties, indicating winning number of votes in such election, the
therein the date of hearing, through the COMELEC or the courts shall continue with the
fastest means available. trial and hearing of the action, inquiry, or
protest and may order the suspension of the
(3)Unless a shorter period is deemed proclamation of such candidate during the
necessary by the circumstances, within 2 pendency of the case upon motion of the
days from receipt of the notice of hearing, complainant or any intervenor, provided that
any interested party may file an opposition evidence of his guilt is strong. (Sec. 6, R.A.
with the Law Department of the COMELEC. 6646)

(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)

Sanchez vs Comelec (153 SCRA 67) Technical examination of signatures


and thumb marks of voters runs counter to the
Supreme Court said Sanchez’ petition nature and scope of a pre-proclamation
for recount and/or re-appreciation of ballots contest; the remedy is to raise these issues in
may NOT be considered a pre-proclamation an election protest.
controversy for the ff. reasons:
Alfonso vs Comelec (June 2, 1994)
a) An election return is “incomplete” if
there is an omission in the election The prayer for re-opening of ballot
return of the name of any candidate boxes is not a proper issue in a pre-
and/or his corresponding votes, or in proclamation controversy but should be
case the number of votes for a threshed out in an election contest
candidate had been omitted. Here, the
name of Sanchez as well as the Villaroya vs Comelec (155 SCRA 633)
number of votes counted and
appreciated in his favor by the BEI. In a pre-proclamation contest, the
Errors in appreciation of ballots by the Comelec may order the correction of a clerical
BEI are proper subject for an election error in the Statement of Votes (by Board of
protest and not for a pre-proclamation Canvassers) to correspond to the figures
contest. reflected in the election returns—even if the
b) Appreciation of votes is not part of the candidate/ representative failed to file the
proceedings of the Board of timely protest during canvassing, as the error
Canvassers, it is performed by the BEI in the Statement of Votes was not apparent on
at the precinct level. its face.
c) Enumeration of issues which may be
raised in a pre-proclamation Duremdes vs Comelec (178 SCRA 746)
controversy under sec. 243 BP 881 is
restrictive and exclusive. The complete Failure to object to the Statement of
election returns whose authenticity is Votes before the Board of Canvassers is not a
not in question must be prima facie bar to raising the issue before the Comelec for
considered valid for the purpose of the first time; the law is silent as to when they
canvass and proclamation. may be raised.
d) To expand the issues beyond those
enumerated in sec. 243 and allow Castromayor vs Comelec (250 SCRA 298)
recount or re-appreciation where a
claim of misdeclaration of stray votes is Any party dissatisfied with the ruling of
made would open the floodgates to the BoC shall have the right to appeal to the
such claims and paralyze canvass and Comelec. Since the Statement of Votes which
proclamation proceedings, given the was to be corrected by the Board forms the
propensity for the loser to demand a basis of the Certificate if Canvass and the
recount. The policy of the law is that a proclamation, petitioner begs the question by
pre-proclamation controversy should saying that this is not a pre-proclamation
be summarily decided. controversy and the procedure for PPC cannot
e) The ground for recount relied upon is be applied to the correction of the computation
clearly not among the issues that may of the total number of votes obtained by the
be raised in a pre-proclamation candidates in the Statement of Votes.
controversy. His allegation of
invalidation of “Sanchez” votes Mentang vs Comelec (Feb. 4, 1994)
intended for him bears no relation to
the correctness and authenticity of the The SC declared it has already ruled
election returns canvassed. that the filing of a petition to annul a
proclamation suspends the running of the 10-
Patoray vs Comelec (279 SCRA 470) day period within which to file an election
contest, provided that the allegations, which
Objections to the inclusion of election when proved, will render the proclamation null
returns are directed primarily at the ballots and void. Such petition may be filed directly
reflected in the returns, this involves with the Comelec even as a pre-proclamation
appreciation of ballots and cannot be raised in controversy, provided it is done within ten days
after proclamation An election contest is imbued with
public interest.
Bince vs Comelec (242 SCRA 273)
The election contest must be liberally
Comelec may annul a proclamation on account construed to favor the will of the people. An
of a mathematical error committed by the election contest may not be defeated by mere
Board of Canvassers in the computation of technical objections.
votes received. Petition for correction may be
filed at any time before proclamation and there Until and unless the election protest is
is nothing to suggest this cannot be applied decided against him, a person who has been
when validity of proclamation is precisely in proclaimed as duly elected has the lawful right
question. to assume and perform the duties and
functions of the office.
Ututalum vs Comelec (181 S 335)
Distinction between Pre-Proclamation
Padding of Registry of Voters of a Controversy and Election Contest
municipality not a listed ground for pre-
proclamation controversy 1) The Dividing line: Proclamation of
candidate
Lazatin vs Comelec (157 SCRA 337)
2) Jurisdiction
Issue of validity of proclamation and
irregularities connected therewith is a matter A. Pre-proclamation controversy
properly addressed to the HRET.
1.The jurisdiction of COMELEC is
Darantinao vs Comelec (June 1989) administrative/quasi-judicial
Comelec has the power to inquire 2.It is governed by the requirements
whether members of the Board of Canvassers of administrative due process
are qualified or not, whether or not an election
had been held in a precinct, in order to B. Election contest
determine the integrity of the election returns
1.The jurisdiction of COMELEC is
Alangdeo vs Comelec (June 1989) judicial
The filing with the Comelec of a 2.It is governed by the
petition to annul or suspend the proclamation requirements of judicial process
shall suspend the period to file an election
protest. 3) In some cases, even if the case (involving
municipal officials) began with the
Mayor vs Comelec (Jan. 1989) COMELEC before proclamation but a
proclamation is made before the
After proclamation and assumption of controversy is resolved, it ceases to be a
office, the proper remedy is an election pre-proclamation controversy and becomes
protest, not a pre-proclamation controversy. an election contest cognizable by the RTC.

ELECTION CONTESTS 4) However, in some cases, the SC has


recognized the jurisdiction of COMELEC
Election contests, defined over municipal cases even after
proclamation.
These are adversarial proceedings by
which matters involving the title or claim to an Jurisdiction over election contests
elective office, made before or after
proclamation of the winner, is settled whether Supreme Court
or not the contestant is claiming the office in
dispute. The purpose of an election contest is The Supreme Court, sitting en banc,
to ascertain the candidate lawfully elected to shall be the sole judge of all contests relating
office. to the election, returns, and disqualifications of
the President, Vice-President, and may
Nature of election contests promulgate its rules for such purpose. (Art.
VII, Sec. 4, 1987 Constitution)
qualifications of candidates for the
Electoral Tribunals of the Senate and Sangguniang Kabataan filed before the election
House of Representatives are decided by the Election Officer, while those
filed after the election are decided by the
The Senate and the House of MTCs. (Nachura, p. 389)
Representatives have their own electoral
tribunals. Each electoral tribunal has 9 Powers of the COMELEC in relation to
members: 3 Supreme Court Justices, 6 election contests
members of the Senate or House of
Representatives, as the case may be, who shall The power of COMELEC to decide
be chosen on the basis of proportional election cases includes the power to determine
representation from the political parties and the validity or nullity of votes.
the parties or organizations registered under
the party-list system represented therein. The COMELEC has the power to issue
(Art. VI, Sec. 17, 1987 Constitution) writs of certiorari, prohibition, and mandamus.
However, this power can only be exercised in
For purposes of election contests aid of its appellate jurisdiction. (Relampagos v.
cognizable by the Electoral Tribunals, the rules Cumba, 243 SCRA 690)
of procedure of such tribunals shall prevail over
the provisions of the Omnibus Election Code.
Kinds of election contests
(Lazatin v. HRET, 168 SCRA 39)

COMELEC There are 2 kinds of election contests


that may be filed: an election protest, and a
The COMELEC has exclusive original quo warranto case.
jurisdiction over all election contests relating to
the elections, returns, and qualifications of all Election Protest
elective:
WHO MAY FILE:
(1)Regional Officials;
(2) Provincial Officials; and Any candidate who has filed a certificate
(3) City Officials of candidacy and has been voted upon for
the same office, and who has not himself
Decisions in these cases may be caused or contributed to the irregularities
appealed to the Supreme Court. or frauds of which he complains

The COMELEC has appellate jurisdiction GROUNDS:


over all contests involving elective municipal
officials decided by trial courts of general Fraud, terrorism, irregularities or illegal
jurisdiction (i.e., Regional Trial Courts) or acts committed before, during or after the
involving elective barangay officials decided by casting and counting of votes
trial courts of limited jurisdiction (i.e., the
Municipal Trial Courts). PERIOD FOR FILING:

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)

The Regional Trial Courts and Municipal PROCEDURE:


Trial Courts have exclusive original jurisdiction
over municipal and barangay officials, A.For protests filed with the
respectively. COMELEC (Rule 20 vis-à-vis Rules
10-19, COMELEC Rules of Procedure)
It must be noted that cases involving
(1)Protestantfiles a verified petition with the Garcia vs. De Jesus (206 SCRA 779)
COMELEC within 10 days from proclamation
and pays the required docket fees. Failure to But the Comelec cannot deprive the
pay the basic docket fee will result in the RTC of its competence to order execution of its
dismissal of the protest. (Gatchalian v. decision pending appeal, this being a judicial
COMELEC, 245 SCRA 208) prerogative and there being no law not
authorizing the same; besides, the Comelec
(2)The Clerk of Court of the COMELEC or the rules would deprive the prevailing party of a
division concerned issues the corresponding substantial right to move for such relief.
summons to the protestee within 3 days from
the filing of the petition. Relampagos vs. Cumba (243 SCRA 502)

(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)

In the event that the COMELEC fails to •Coercing, bribing, threatening,


act on any complaint within 4 months from its harassing, intimidating, terrorizing, or
filing, the complainant may file the complaint actually causing, inflicting or producing
with the fiscal or the Department of Justice, if violence, injury, punishment, torture,
warranted. (Sec. 265, B.P. 881) damage, loss or disadvantage to
discourage any other person or persons
Preferential disposition of election from filing a certificate of candidacy in
offenses order to eliminate all other potential
candidates from running in a special
election (Sec. 5, R.A. 8295);
Investigation and prosecution of
election offenses shall be given priority by the
Election Campaign
COMELEC. The investigating officer shall
resolve the case within 5 days from
submission. •Appointment or use of special
policemen, special agents or the like
The courts shall give preference to during the campaign period (Sec. 261m,
election cases over all other cases except B.P. 881)
petitions for writ of habeas corpus. Their trial
shall be commenced without delay and shall be •Use of armored land, water or aircraft
conducted continuously until terminated, and during the campaign period (Sec. 261r,
the case shall be decided within 30 days from B.P. 881)
its submission for decision. (Sec. 269, B.P.
881)
•Unlawful electioneering (Sec. 261k,
B.P. 881)
Election offenses

The various election offenses are •Acting as bodyguards or security in the


enumerated primarily under Sec. 261 of B.P. case of policemen and provincial guards
881. However, other election laws provide for during the campaign period (Sec. 261t,
other election offenses. Some of the more B.P. 881)
significant offenses include the following:
•Removal, destruction, obliteration, or
Registration tampering of lawful election propaganda,
or preventing the distribution thereof
(Sec. 83, B.P. 881 vis-à-vis Sec. 262,
B.P. 881)
Voting Acts of government or public officers

•Vote-buying and vote-selling (Sec. •Appointment of new employees,


261a, B.P. 881) creation of new positions, promotion, or
giving salary increases within the
•Conspiracy to bribe voters (Sec. 261b, election period (Sec. 261g, B.P. 881)
B.P. 881)
•Transfer of officers and employees in
A disputable presumption of a the civil service within the election
conspiracy to bribe voters is period without the prior approval of the
created when there is proof COMELEC (Sec. 261h, B.P. 881)
that at least 1 voter in different
precincts representing at least People v. Reyes (247 SCRA 328)
20% of the total precincts in
any municipality, city or Transfer or detail of a government
province has been offered, officer or employee will not be penalized if
promised or given money, done to promote efficiency in the government
valuable consideration or other service. To prove violation, two elements must
expenditure by a candidate's concur: 1) The fact of transfer or detail within
relatives, leaders and/or the election period as fixed by the Comelec;
sympathizers for the purpose and 2) The transfer or detail was made without
of promoting the election of prior approval of the Comelec, in accordance
such candidate. (Sec. 28, R.A. with its IRR. Here the transfer was made 1 day
6646) prior to Comelec’s issuance of Res. No. 2333,
which prescribed the rules and regulations on
•Coercion of subordinates to vote for or how to obtain Comelec approval for such
transfers.
against any candidate (Sec. 261d, B.P.
881)
•Intervening of public officers and
•Dismissal of employees, laborers, or employees in the civil service in any
partisan political activity (Sec. 261i, B.P.
tenants for refusing or failing to vote for
881)
any candidate (Sec. 261d(2), B.P. 881)

•Being a flying voter (Sec. 261z (2),


•Use of public funds for an election
campaign (Sec. 261o, B.P. 881)
B.P. 881)

Counting of Votes •Illegal release of prisoners before and


after election (Sec. 261n, B.P. 881)
•Tampering, increasing, decreasing
votes, or refusal to correct tampered •Release, disbursement or expenditure
votes after proper verification and of public funds during the prohibited
hearing by any member of the board of period (Sec. 261v, B.P. 881)
election inspectors (Sec. 27b, R.A.
6646) •Construction of public works, etc.
during the prohibited period (Sec. 261w,
•Refusal to issue to duly accredited B.P. 881)
watchers the certificate of votes cast and
the announcement of the election, by •Suspension of elective local officials
any member of the board of election
during the election period without prior
inspectors (Sec. 27c, R.A. 6646)
approval of the COMELEC (Sec. 261x,
B.P. 881)
Canvassing
Coercion, intimidation, violence
•Any chairperson of the board of
canvassers who fails to give notice of •Coercion of election officials and
meeting to other members of the board, employees
candidate or political party as required
(Sec. 27e, R.A. 6646)
•Threats, intimidation, terrorism, use of certificate of public convenience or
franchise.
fraudulent devices or other forms of
coercion (Sec. 261e, B.P. 881)
•Discrimination in the sale of air time
•Use of undue influence (Sec. 261j, (Sec. 261dd (5), B.P. 881) In addition to
the prescribed penalty, such refusal
B.P. 881)
constitutes a ground for cancellation or
revocation of the franchise.
•Carrying deadly weapons within the
prohibited area (Sec. 261p, B.P. 881) Failure to register or vote

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)

•Sale, etc. of intoxicating liquor on the Penalties


day fixed by law for the registration of
voters in the polling place, or the day For individuals
before the election or on election day
(Sec. 261dd (1), B.P. 881) •Imprisonment of not less than
1 year but not more than 6
•Opening booths or stalls within 30 years, without probation (Sec.
meters of any polling place (Sec, 261dd 264, B.P. 881)
(2), B.P. 881)
•Disqualification to hold public
office;
•Holding fairs, cockfights, etc. on
•Deprivation of the right of
election day (Sec. 261dd (3), B.P. 881)
suffrage

•Refusal to carry election mail during the For a Foreigner


election period (Sec. 261dd (4), B.P.
881). In addition to the prescribed •Imprisonment of not less than 1
penalty, such refusal constitutes a year but not more than 6 years
ground for cancellation or revocation of (without probation);
•Deportation after service of Grounds for refusing or canceling registration
sentence of Party-Lists groups

For a Political Party a. Religious sect or denomination,


organization
•Payment of a fine not less than
P10,000 after a criminal b. Advocates violence
conviction
c. Foreign party or organization
Persons Required by Law to Keep
Prisoners in their Custody d. Receives foreign support

For prisoners illegally released from e. Violates election law


any penitentiary or jail during the prohibited
period, where such prisoners commit any act f. Untruthful statements in its petition
of intimidation, terrorism or interference in the
election, the Director of the Bureau of g. Ceased to exist for at least one year
Corrections, provincial warden, jail keeper or
persons who are required by law to keep said h. Failed to participate in the last two
prisoners in their custody shall, if convicted, be preceding elections or fails to obtain at
sentenced to suffer prison mayor in its least 2% of the votes cast under the party-
maximum period. (Sec. 264, B.P. 881) list system in the 2 preceding elections for
the constituency in which it has registered
Arrests in Connection with the Election
Campaign Nomination of party-list reps should not
include any candidate for any elective office or
a person who has lost his bid for an elective
No person shall be arrested or detained
office in the immediately preceding election
at any time for any alleged offense committed
during and in connection with any election
Incumbent sectoral representatives in the
through any act or language tending to support
House of Representatives who are nominated
or oppose any candidate, political party or
in the party-list system shall not be considered
coalition of political parties under or pursuant
resigned
to any order of whatever name or nature and
by whomsoever issued except only upon a
Party List Reps constitute 20% of the total
warrant of arrest issued by a competent judge
number of the members of the House of Reps
after all the requirements of the Constitution
including those under the party-list
have been strictly complied with.
How do we determine the number of
Prescription party list seats in the House of Reps?

Election offenses prescribe 5 years Formula: (# of District Reps / 0.80) x 0.20 = #


from the date of their commission. of party list reps

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

 Seeks to promote proportional


representation • Currently, there are 260 (208/0.80) seats.
So 20 % of 260 are 52 seats. But this is
 Any party already registered need not only a ceiling.
register anew. File manifestation not later
than 90 days before election.
• A list with 5 names should be submitted to
COMELEC as to who will represent the
party in the Congress.

• Ranking in the list submitted determines


who shall represent party or organization.

Q: May political parties participate in the


party-list elections?

A: Yes, provided that the political parties


themselves represent the marginalized and
under represented sectors, parties and
organizations. (Ang Bagong Bayani-OFW Labor
Party v. COMELEC, G. R. No. 147589 26 June
2001).

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