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Definition:
Disabilities, inhibitions\disqualifications
DECISIONS
ART
IX-A,
Section
7
Each
commission(COMELEC) shall decide by a
majority vote of all its Members any case or
matter brought before it within sixty days
from date of its submission for decision or
resolution. A case or matter is deemed
submitted for decision or resolution upon
the filing of the last pleading, brief, or
memorandum required by the rules of the
Commission or by the Commission itself.
Unless
otherwise
provided
by
the
Commission or by law; any decision, order,
or ruling of each Commission may be
brought to the Supreme Court on certiorari
by the aggrieved party within 30 days from
receipt of a copy thereof.
The COMELEC shall decide by a majority
vote of all its members in any case or
matter brought before it within 60 days
from date of its submission for decision or
resolution. Two members shall constitute a
quorum for the transaction of the official
business of the Division. A case being heard
by it shaa be decided with the unanimous
concurrence ofc all three Commissioners
and its decision shall be considered a
decision of the commission. If this required
number is not obtained, as when there is a
dissenting opinion, the case may be
appealed to the Commission en banc, in
which case the vote of the majority shall be
the decision of the Commisssion.
The court holds that 2-1 decision rendered
by the First Division was a valid decision
under ART IX-A ,Section 7 of the
Constitution.
Furthermore,
the
three
members who voted to affirm the First
Division constituted a majority of the five
members who deliberated and voted
thereon en banc and their decision is also
valid under the aforecited constitutional
provisions. (Cua vs. COMELEC, 156 SCRA
587)
POWERS
AND
STATUTORY POWERS
the
to
controversy
VOTERS:
QUALIFICATION
REGISTRATION
AND
Disqualifications
the
final
as
b. Exclusion
i. Any registered voter in city
municipality
ii. Representative of political party
iii. Election Officer (Sec. 39, RA 8189)
iv. COMELEC [Sec. 2(6), Art. IX C, PC]
or
8. Manner
Notice stating the place day and hour of
hearing shall be served through any of the
following means:
Registered mail
Personal delivery
Leaving copy in possession of sufficient
discretion in residence.
Posting in city hall or municipal hall and
two other conspicuous places in the city or
municipality at least 10 days before the
hearing (Sec. 32(b), RA 8189)
Any voter, candidate or political party
affected may intervene. (Sec. 32c, RA 8189)
Non-appearance is prima facie evidence the
registered voter is fictitious (Sec. 32 (f), RA
8189)
Decision cannot be rendered on stipulation
of facts (Sec. 32 (f), RA 8189)
No motion for reconsideration is allowed,
(Sec. 33, RA 8189)
Annulment of List of Voters
1. Upon verified complaint of any voter,
election officer or registered political party
or motu propio, the COMELEC may annul a
list of votes which was not prepared in
accordance with RA 8189 or whose
preparation was affected with fraud,
bribery,
forgery,
impersonation,
intimidation,
force
or
other
similar
irregularity or statistically improbable.
2. No list of voters shall be annulled within
60 days before an election (See. 33, RA
8189)
The annulment of the list of voters shall not
constitute a ground for a pre-proclamation
controversy. (Ututalum vs. COMELEC, 181
SCRA 335)
CANCELLATION
OF
SCREENING
PARTY
Philippine citizenship
The lost citizenship may be reacquired
under Sec. 1 of RA 2630, which provides
that any person who had lost his Philippine
citizenship by rendering service to, or
accepting commission in, the Armed Forces
of the United States, or after separation
from the Armed Forces of the United States,
acquired United States citizenship by
taking an oath to the Republic of the
Philippines and registering the same with
NCR
legislative districts
COMELEC Directors
Regional
Forms
Oath
of
the
House
of
or
in
for
disqualification
of
3. Effect of withdrawal
A candidate who withdraws his certificate of
candidacy must still file a statement of
contributions and expenditures, for the law
makes no distinction. (Pilar vs. COMELEC,
245 SCRA 759)
VII. ELECTION; BOARD OF ELECTION
INSPECTORS (BEI); WATCHERS
1. Candidates
a. President and vice president P10 per
voter
b. Other candidates P3 per voter in his
constituency
c Candidate without political party P5 per
voter
d.
Party/organization
and
coalition
participating in the party list system P5
per voter
2. Political party and coalition P5 per
voter in the constituency where it has
candidates. (sec. 13, RA 7166)
J.
Statement
expenditures
of
contributions
and
1. Filing
KINDS OF ELECTION
1. General election is one provided for by
law for the election to offices throughout
the State, or certain subdivisions thereof,
after the expiration of the full term of
former officers.
2. Special Election is one provided for by
law to fill vacancy in office before the
expiration of the full term for which the
incumbent was elected or one fixed by the
COMELEC due to postponement or
suspension of the election or the failure to
elect.
3. Recall election is an election by means of
which voters decide whether they should
retain their local official or elect his
replacement. (Claudio vs. COMELEC, 331
SCRA 388)
ELECTION PERIOD
2. Penalties
DATE OF ELECTION
The regular election of the President, VicePresident, Senators and Members of the
House of Representatives and local officials,
except barangay officials, shall be on the
second Monday of May once every three
years. In accordance with the constitutional
policy to synchronize elections, the regular
election for national and local officials is
now held simultaneously. (RA 7166) Under
6679, regular elections for barangay
officials shall be held once every five years.
2. Absentee voting for President, Vpresident and Senators are allowed for
members of the AFP, PNP, and other
government
employees
assigned
in
connection with the performance of election
duties to places where they are not
registered. (Section 12, RA 7166)
RA NO. 9189 AN ACT PROVIDING FOR A
SYSTEM
OF
OVERSEAS
ABSENTEE
VOTING BY QUALIFIED CITIZENS OF THE
PHILIPPINES ABROAD
Sec. 5. Disqualification. The following
shall be disqualified from voting under this
Act:
a) Those who have lost their Filipino
citizenship in accordance with Philippine
laws;
b) Those who have expressly renounced
their Philippine citizenship and who have
pledge allegiance to a foreign country;
c) Those who have committed and are
convicted in a final judgment by a court or
tribunal of an offense punishable by
imprisonment of not less than one (1) year,
including those who have committed and
been found guilty of Disloyalty as define
under Article 137 of the Revised Penal
Code, such disability not having been
removed by plenary pardon or amnesty:
Provided, however, That any person
disqualified to vote under this subsection
shall automatically acquire the right to vote
upon expiration of five(5) years after service
of sentence; Provided further, That the
Commission may take cognizance of final
judgments issued by foreign courts or
tribunals only on the basis or reciprocity
and subject to the formalities and processes
prescribed by the Rules of court on
execution of judgments;
d) An immigrant or a permanent resident
who is recognized as such in the host
services
overseas
be made
overseas
SPECIAL PROBLEMS
RULES FOR APPRECIATION OF BALLOTS
1. Excess Ballots
If there are excess ballots, the poll clerk
shall draw out as many ballots equal to the
excess without seeing them, and the excess
ballots shall not be counted. (Section 207,
BP881)
2. Spoiled ballots
Ballots in the compartment for spoiled
ballots are presumed to be spoiled ballots.
If the BEI finds that a valid ballot was
erroneously deposited in the compartment
for spoiled ballots. It shall be counted.
(Section 209, BP881)
3. Marked Ballot
a) Marked ballots shall not be counted
(Section 208, BP881)
b) A ballot is considered marked in any of
the following cases:
The voter signed the ballot. (Ferrer vs De
Alban, 101 phil 10)
There were variations in the style of
writing
The name of a a candidate was written
more than twice
The voter wrote the names of well-known
public figures who are not candidates such
as actors, actresses and national political
figures. (Protacto vs. De Leon, 9 SCRA 472)
The
ballot
contains
irrelevant
expression.(Bautista vs. Castro,206 SCRA
305). However, the use of nicknames and
appellations of affection and friendship, if
accompanied by the name of the candidate
does not annul the ballot except when it is
used to identify the voter. (Section 211 (13),
BP811)
STRAY BALLOT
Rule 14 of section 211 of the Omnibus
Election Code considers three kinds of votes
as stray: (1) a vote containing initials
only,(2) a vote which is illegible, and ( 3) a
vote which does not sufficiently identify the
candidate for whom it is intended.
(Villarosa vs. HRET,340 SCRA 396)
The rule is in favor of the validity of the
ballot, not otherwise The appearance of
print and script writings in a single ballot
does not necessarily imply that two persons
wrote the ballot
Paragraph 18,section 149 of the REC,
provides that unless it should clearly
appear that it has been deliberately put by
the voter to serve as identification mark,
the use of two or more kinds of writing shall
be considered innocent and shall not
invalidate a ballot..
Under Section 211(19 ) of the OEC, any
vote in favor of a person who has not filed a
certificate of candidacy or in favor of a
candidate for an office for which he did not
present himself shall be considered as an
astray vote, but it shall not invalidate the
whole ballot The unexplained presence of
prominent letters and words written with
remarkably good hand marked the ballots
and must be considered invalid
When in a space in the ballot there appears
a name of candidate that is erased and
another clearly written, the vote is valid for
the latter incorrect spelling of a
candidates name does not invalidate the
ballotfor even the most literate person is
bound to commit a mistake in spelling.
(Ong vs. COMELEC, 347 SCRA 681)
CORRECTION OF RETURNS
X. CANVASSING AND PROCLAMATION
1. Before the announcement of the results
of the election in a precinct, any correction
or alteration in the election returns must be
initialed by all members of the BEI.
2. After the announcement of the results in
a precinct, the authorization of the
COMELEC is needed to make any
correction or alteration.
If the petition is by all members of the
BEI, the results of the election will not be
affected, and none of the candidate affected
objects, the COMELEC, upon being
satisfied of the veracity of the petition, shall
order the correction.
If a candidate affected by the petition
objects and the correction will affect the
results of the election, the COMELEC shall
order a recount of the votes, if it finds the
petition meritorious and the integrity of the
ballot box has not been violated (section
216, BP 881)
CANVASSING BODIES
1. Congress
a. President
b. vice president
2. COMELEC
a. Senators
b. Regional Officials
3. Provincial board of canvassers
a. Congressman
b. Provincial officials
4. District Board of Canvassers in each
legislative district in Metro Manila
a. Congressman
b. Municipal official
5. City and Municipal Board of Canvassers
a. Congressmen
b. City and municipal officials
6. Barangay Board of Canvassers
a. Barangay officials
SUPERVISORY POWER OVER THE BOARD
The COMELEC exercises direct supervision
and control over the proceedings before the
board
of
canvassers
(Mastura
vs.
COMELEC, 285 SCRA 493)
NATURE OF
CANVASSERS
DUTY
OF
BOARD
OF
PROCLAMATION
1. An incomplete canvass of votes is illegal
cannot be a basis of a valid proclamation
(Samad vs. COMELEC,224 SCRA631,Loong
vs. COMELEC,257 SCRA 1) a canvass
cannot be reflective of the true vote of the
electorate unless all returns are considered
and none is omitted (Caruncho III vs.
COMELEC,315 SCRA 693)
2. If the questioned election returns will not
affect the result of the election, a
proclamation may be made upon the order
to the COMELEC after notice and hearing.
3. A proclamation made where the
contested returns set aside will affect the
result of the election and the board of
canvassers proceeded to proclaim without
the authority from the COMELEC is null
and void. (Sema vs. COMELEC,347 SCRA
633)
4. The mere filing of a petition for
disqualification is not a ground to suspend
the proclamation of the winning candidatein the absence of an order suspending
proclamation, the winning candidate who is
sought to be disqualified is entitled to be
proclaimed as a matter of law. (Bagatsing vs
CCOMELEC,320 SCRA 817)
5. Filing of pre-proclamation controversy
under 2448 of BP881 is not the only
grounds
for
the
suspension
of
proclamation.
6. The proclamation of a winning candidate
cannot be annulled if he has not been
notified of the motion to set aside his
proclamation.
(Caruncho
vs.
COMELEC,315 SCRA 693)
7. The fact that the candidate who obtained
the highest number of votes is later
declared to be disqualified or nor eligible for
the office to which he was elected does not
necessarily entitle the candidate who
obtained the second highest number of
votes to be declared the winner of the
elective office To allow the defeated and
repudiated to take over the mayoralty
PRE-PROCLAMATION
ISSUES
1. Provincial, city and municipal officials
d. The composition of the proceeding of the
board of canvassers is illegal
e. The returns are incomplete, contain
material defects, appear to be tampered
with or falsified or contain discrepancies in
the same returns or in other authentic
copies;
PRE-
PRE-
OF
PRE-PROCLAMATION
ELECTION
(Saman
vs.
PROCLAMATION
1. The Board of Canvassers shall not make
any proclamation without any authorization
from
the
COMELEC
(Jamil
vs
COMELEC,283 SCRA 349)
2. Proclamation may be made if the
contested returns will not adversely affect
the results of the elections. (Section 20 (i),
RA 7166)
3. The COMELEC
may order the
proclamation of other winning candidates
whose election will not be affected by the
pre-proclamation case. (Section 21, RA
7166)
4. A candidate for mayor who finished
second cannot be proclaimed simply
because the candidate who received the
highest number of votes died, since he was
not the choice of the people. (Benito vs.
COMELEC, 23335 SCRA 436)
5. The wreath of victory cannot be
transferred from the disqualified winner to
the repudiated loser because the law then
as now only authorizes a declaration of
election in favor of the person who has
obtained a plurality of votes to be declared
elected. (Sunga vs. COMELEC,288 SCRA
76)
ANNULMENT OF PROCLAMATION
of
Representatives
Electoral
BP
BP
BP
Bp
Protest
and
Quo
Substitution
18. Certiorari
Under Sec 50 of BP 697, the COMELEC has
jurisdiction over petitions for certiorari,
prohibition and mandamus involving
election cases pending before the courts
whose decisions are appealabe to it (
Relampagos
vs
CUmba,
243
SCRA
690;Edding vs COMELEC 246 SCRA 502)
Where a petition for certiorari merely
questioned the denial of the motion of the
protestee for extension of the time to
answer, the COMELEC cannot affirm the
decision of the merits in the election
protest. ( Acosta vs COMELEC, 293 SCRA
578)
19. Evidence
The genuineness of the handwriting in the
ballots can be determined without calling
handwriting experts. ( Erni vs COMELEC,
243 SCRA 578)
Unless the original documents or certified
true copies of them cannot be produced or
photo-copies cannot be used as evidence (
Arroyo vs HRET, 246 SCRA 384)
Ballots cannot be excluded on the ground
that they were written by any person or
were marked on the basis of mere photocopies, as they are not the best evidence (
Nazareno vs COMELEC 279 SCRA 89)
20. Demurrer
A motion to dismiss for insufficiency of the
evidence of the protestant has rested is a
demurrer to the evidence. If it was granted
but reversed on appeal , the protestee is
deemed to have the right to present
evidence ( Enojas vs COMELEC, 283 SCRA
229)
21. Decision
a. authentic election return cannot be
annulled because the ballots were lost or
destroyed (Arroyo vs HRET 246 SCRA 384)
b. If the winner is ineligible, the candidate
who got the highest number of votes cannot
be proclaimed elected as he did not get the
majority or plurality of the votes (Sunga vs
COMELEC, 288 SCRA 76)
c. Actual damages may be awarded in
accordance with the law (Sec 259, BP 881)
The loser cannot be ordered to reimburse
the winner for the expenses incurred in the
election protest for no law provides for it (
Atienza vs COMELEC 239 SCRA 298)
d. The mere fact that the decision in favor
of the protestant was reversed on appeal is
not sufficient basis for the ruling that the
protestant should be awarded attorneys
fees because the protest was filed for
harassment (Malaluan vs COMELEC 254
SCRA 397)
e. Under Sec 264, par 1 of BP 881, as
amended , the award of damages is no
among the imposable penalties for the
commission of any of the election offenses
thereunder by any individual (Regalado vs
CA 325 SCRA 516)
22. Execution of Judgment Pending Appeal
BP 881 and other election laws do not
specifically provide for the execution
pending appeal for judgment in election
cases, unlike the Election Code of 1971.
d. Scope of Authority
C. Offenses
Errors committed by the trial court may be
considered even if they were not assigned
as errors (Arao vs COMELEC 210 SCRA
290)
XIII. CRIMINAL OFFENSES
A,. Criminal and Electorate Aspects of An
Election Offense
An election offense has criminal as well as
electoral aspects ( Sunga vs COMELEC 288
SCRA 76)
1) Its criminal aspect involves the
ascertainment of the guilt or innocence of
the accused candidate like in any other
criminal case, it usually entails a full-blown
hearing and the quantum of proof required
to secure a conviction beyond reasonable
doubt.
2) Its electoral aspect is a determination of
whether the offender should be qualified
from office. This is done through
administrative
proceeding
which
is
summary in character and requires only a
clear preponderance of evidence.
B. Jurisdiction to try the case
The expanded jurisdiction of the Municipal
Trail Court ( RA 7691) does not include
criminal cases involving election offenses,
1. Vote-buying
a. The fact that at least one voter in at least
20% of the precincts in a municipality , city
or province was offered money by the
relatives, leaders or sympathizers of a
candidate to promote his election shall
create a presumption of conspiracy to bribe
voters.
b. The fact that at least 20% of the
precincts of the municipality, city or
province to which the office aspired for by
the candidate is affected by the offer creates
the presumption that the candidate and his
campaign managers are involved in the
conspiracy.
c. Any person who is guilty and willingly
testifies shall be exempt from prosecution (
Sec 28, RA 6646)
d. The traditional gift-giving by the
municipality during Christmas which was
done to induce voters for the mayor does
not constitute vote-buying ( Lozano vs
Martinez, 285 SCRA 256)
2. Appointment of New Employees
The prohibition against appointment of a
government employee within 45 days before
regular election refers to positions covered
by the civil service and does not apply to
D. Prosecution