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Rule-Making Power

BASIC CONCEPTS
Rule-making Power (Power of
o A power given to administrative
Subordinate Legislation)
agencies to issue or promulgate rules
and regulations which are necessary to
carry out their functions
Rules and Regulations

o Those issued by administrative or


executive officers in accordance with
and as authorized by law, otherwise
they become ultra vires

Rationale

Necessity

o In order to adapt to increasing


complexity of modern life and variety of
public functions
o An exception to separation of powers
and non-delegation of powers

General Rule
Basis

Administrative agencies have:


technical expertise/competence
they specialize on this field; and
they have all the time and opportunity
to handle these matters exclusively

PRINCIPLE OF NON-DELEGATION OF POWERS


o Postestas delegate non delegari potest
o The ethical principle that a delegated
power constitutes not only a right but
also a duty to be performed by the
delegate in the exercise of his own
judgment and not through the
intervening mind of another
o Delegated Power = (Right + Duty)
Further Delegation = Negation
o Further delegation of the duty consists
a negation of the same
o Not only a right, otherwise it becomes
discretionary to delegate it further or
not
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Five Instances When Delegation of


Legislative Powers Is Allowed

Permissibility of
Delegation

Validity of
Delegation

o Delegation
President
o Delegation
President
o Delegation
o Delegation
o Delegation

of tariff powers to the


of emergency powers to the
to the people at large
to local governments
to administrative bodies

THREE ISSUES ON RULE-MAKING POWER


WON there is:
Instances of Valid Delegation
Legislative grant of authority Delegation of tariff powers
To administrative bodies
to the President Sec 28(2),
Art VI
To issue rules and

Delegation of emergency
regulations
powers to the President
Sec 23(2), Art VI
Delegation to the people at
large Sec 32, Art VI
Delegation to local
governments Sec 3, Art X
Delegation to
administrative bodies by
legislative act (enabling
law) or by necessary
implication
WON the grant meets the:
Completeness test
Completeness test
A statute is complete when
Sufficient Standard test
it leaves the legislature (the
subject and the manner and
the extent of its operation
are stated in it) such that
when it reaches the
delegate, the only thing he
will have to do is to enforce
it
Whether the provision is
sufficiently definite and
certain to enable one to
know his rights and
obligations thereunder
Sufficient standard test
There must be adequate
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Validity of
Exercise

WON rules and regulation


conform with:
What the statute provides,
and
Whether it is reasonable

guidelines or limitations in
the law to map out the
boundaries of the
delegates authority and
prevent the delegation from
running riot
Requisites of a valid
administrative issuances:
Must not be inconsistent
with the Constitution
(Sutton)
Must not be inconsistent
with statute (SolGen)
Cannot amend an act of
Congress (De La Serna)
Cannot exceed provision of
laws (BFHI)
Must be uniform,
reasonable; not unfair or
discriminatory (Lupangco)

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QUASI-JUDICIAL POWER
Quasi-judicial power
(adjudicatory power)

BASIC CONCEPTS
It involves the power to hear and
determine, or ascertain facts and
decide by the application of rules
to the ascertained facts

3 ELEMENTS OF ADJUDICATORY POWERS


1. Specific parties
It involves the rights, duties, and
obligations of specific individuals
and persons
2. Adjudication by person
Power or function that partakes
other than a judge
of the judicial, but is exercised by
a person other than a judge
3. Adjudication by agency
Convenient way to justify
other than a court
exercise of judicial power by an
administrative agency
JURISPRUDENCE
PRINCIPLE
ILLUSTRATIVE CASES
1. Office of the public
Pres Anti-Dollar Salting Task
prosecutor is not a quasiForce vs CA
judicial body
PADS TF was not meant to
exercise quasi-judicial functions
(try and decide claims and
execute its judgments). As the
Presidents arm called upon to
combat dollar salting or the
black marketing and salting of
foreign exchange, it is tasked
alone by the Decree to handle
the prosecution of such
activities, but nothing more
2. Prosecutor is a quasiCojuangco vs PCGG
judicial officer
While the investigating officer,
strictly speaking is not a judge
by the nature of his functions, he
is and must be considered to be
a quasi-judicial officer
3. Not every function wherein Santiago vs Bautista
judgment and discretion
Before tribunal, board, or officer
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are exercised is a judicial


function

may exercise judicial or quasijudicial acts, there should be a


law that gives rise to some
specific rights of persons or
property under which adverse
claims to such rights are made,
and the controversy ensuing
therefrom is brought, before the
tribunal, board or officer clothed
with power and authority to
determine what that law is and
thereupon adjudicate the
respective rights of the
contending parties

STEPS TO THE EXERCISE OF QUASI-JUDICIAL POWER


First step
Ascertain facts from pleadings
and from evidence adduced
Second step
Determine what the applicable
law is and what are the legal
rights of the parties
Third step
Decide controversy and render
judgment thereon
JURISPRUDENCE
Principle
1. Doctrine of exhaustion of
remedies applies only where
the act of administrative
agency was performed
pursuant to its quasi-judicial
function

2. Jurisdiction to order a lessee to


vacate leased premises is
vested in the civil courts in an
appropriate case for unlawful
detainer or accion publiciana

Illustrative Cases
Smart vs NTC
In questioning the validity of rule
or regulation issued by an
administrative agency, party
need not exhaust administrative
remedies before going to court.
This principle applies only where
the act of administrative agency
was performed pursuant to its
quasi-judicial function
Guerzon vs CA
There is nothing in PD 1206 that
would suggest that the same or
similar jurisdiction has been
granted to Bureau of Energy
Utilization. BEUs jurisdiction is
limited to cases involving
violation or non-compliance with

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any term or condition of any


certificate, license or permit
issued by it or any of its orders,
decisions, rules or regulations
3. Administrative body my be
Antipolo Realty vs NHA
vested with exclusive original
Before tribunal, board or officer
jurisdiction on certain disputes may exercise judicial or quasifalling within its expertise
judicial acts, there should be a
law that gives rise to some
specific rights of persons or
property under which adverse
claims to such rights are made,
and the controversy ensuing
therefrom is brought, before the
tribunal, board, or officer clothed
with power and authority to
determine what that law is and
thereupon adjudicate the
respective rights of the
contending parties.
CLASSIFICAION OF ADJUDICATORY POWERS
Kind
Definition
Example
1. Enabling
To permit or allow
grant or denial of
something which the
license (business
law undertakes to
or occupation)
regulate
issuance of
securities or
certificate of public
convenience
2. Directing
To issue orders
Power of
directing parties to
assessment of the
conform to governing
BIR or BOC
statutes or rules
Reparations under
the public utility
laws
Awards under the
workmens
compensation laws
3. Dispensing
To exempt from
Zoning Boards
general prohibitions
may vary
or relieve individual
provisions of
from affirmative duty
zoning authorities
Phil Army
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4. Summary

5. Equitable

To apply compulsion
to effectuate legal
purpose without
judicial warrant

Power to make
proper application of
rules and equity

Acceptance Board
relieve certain
person from
military training
Abatement of
nuisance
Restraint or levy of
property of
delinquent
taxpayer
Cease and desist
order

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JUDICIAL REVIEW OF ADMINISTRATIVE ACTIONS


MATRIX OF ADMINISTRATIVE DOCTRINES
Meaning
Function
Applicatio
Rationale
n
Primary
When
Determines Quasi- take
Jurisdiction
competence who initially judicial or
advantage
(prior
or
decides
adjudicato
of expertise
resort)
jurisdiction
ry
and
is vested
functions
specializatio
upon an
n
administrati
- attain
ve body to
uniformity
act upon a
of
matter, no
application
resort to
of
the courts
regulatory
may be
laws
made
before such
administrati
ve body
shall have
acted on
the matter
Exhaustion
If there is
Determines Quasi- obviates
of
an available the timing
judicial or
resort to
Administrati remedy
of judicial
adjudicato
courts
ve
within the
review
ry function - give
Remedies
administrati
agencies
ve level
the chance
provided by
to correct
law, no
its errors
judicial
- principle of
recourse
comity and
can be
convenienc
made until
e
all such
remedies
have been
availed of
and
exhausted
Ripeness for When the
Determined Rule- prevent
Doctrine

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Review

interest of
the plaintiff
is subjected
to or
imminently
threatened
with
substantial
injury

the timing
of judicial
review

Making
power

premature
adjudication
- protection
from judicial
interference

DOCTRINE OF PRIMARY JURISDICTION


Illustrative cases:
- Villaflor vs CA
- Commissioner vs Navarro
- Centeno vs Centeno
- Nuesa vs CA
- Regional Director vs CA
DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES
General Rule
Resort first to appropriate administrative
authorities in the
Exceptions
1. Administrative
Exhaustion is not a
remedy is merely condition sine qua
permissive
non
Corpus vs
Cuadreno
2. Purely legal
Interpretation of law
questions
is within the courts
prerogative
Madrigal vs
Lecaroz
3. Patently illegal
Lack or excess of
act
jurisdiction
Cabada vs Alunan
4. No administrative Ripeness for review
order yet
Datiles vs Co
5. No other plain,
Urgency of situation
speedy, or
NFA vs CA
adequate remedy
6. Nullification of
Time is of the
claim
essence
Gravador vs
Mamigo
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7. Qualified political
agency

8. Constitutionality
of Rules and
Regulation
9. Result to
irreparable
damage or injury
to plaintiff
10. Strong public
interest is
involved
11. Estoppel (party
who invokes is in
estoppel)

Redundant exercise
(the secretary is the
alter ego of the
President)
Almine vs CA
Judicial prerogative
Smart vs NTC
Self-preservation
UP Board of
Regeant vs Rasul
To avoid uncertainty
Arrow Transpo Co
vs BOT
Agency is bound by
its actions
Tan vs Veterans
Backpay
Commission

QUESTIONS OPEN TO REVIEW


Question
Meaning
Rule
1. Questions of Law
When doubt or
- Administrative
difference arise as to
agency determines
what the law is
facts of a
pertaining to a
controversy and
certain state of facts
apply the law o
those facts
- Reviewing court
decides whether or
not the correct rule
was applied to the
facts found and
whether there was
evidence to support
the findings made
2. Questions of Fact
When doubt or
GR: questions of fact
differences arise as
is conclusive and not
to the truth or falsity subject to review by
of alleged facts
the courts if
supported by
substantial evidence
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3. Questions of Law
and of Fact

Where what purports


to be a finding of
question of fact is so
involved with and
dependent upon a
question of law as to
be in substance and
effect a decision on
the latter

Exceptions:
- When expressly
allowed by law
- Fraud, imposition, or
mistake other than
error in judgment
- Error in appreciation
of pleadings and
interpretation of
evidence submitted
- Both findings are
subject to judicial
review
- Courts may
substitute its
judgement for that
of the

Example: WON a
nuisance

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ADMINISTRATIVE PROCEEDINGS
Rules of Procedure

Basis of Formulation

BASIC CONCEPTS
Every quasi-judicial body has its
own rules of procedure which it
issues as guides in its
adjudication of cases filed with it
Nature of administrative
bodies
Purpose for which they are
organized
Persons who compose
them

POWER TO ISSUE RULES OF PROCEDURE


Constitution
Art VIII, Sec 5(5) Rules of
procedure of quasi-judicial
bodies shall remain
effective unless
disapproved by the
Supreme Court
Conferring Law
Law creating
Express grant of power to
promulgate its rules of
procedure
By Implication
CHARACTERISTICS OF ADMINISTRATIVE PROCEEDINGS
1. Adversarial
Results in an order in favor of
one person against another
2. Quasi-judicial
Taking of evidence
Determination of facts
Adjudication
3. Civil in nature
Civil rather than criminal in
nature
4. Not an action in law
Not a private one but a public
one with public ends
5. Rules of Court apply
Sec 2, Rule 18 (Pre-trial);
suppletorily
amicable settlement; referral to
arbitration
6. Technical Rules of Court
Decisions may be reached on the
are not applied with
basis of position papers only
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rigidity
Bantolino vs Coca-Cola
7. Supreme Court may modify Art VIII, Sec 5(5) - Promulgate
Rules of Procedure
rules concerning the protection
and enforcement of
constitutional rights, pleading,
practice, and procedure in all
courts, the admission to the
practice of law, the integrated
bar, and legal assistance to the
underprivileged. Such rules shall
provide a simplified and
inexpensive procedure for the
speedy disposition of cases, shall
be uniform for all courts of the
same grade, and shall not
diminish, increase of modify
substantive rights. Rules of
procedure of special courts
and quasi-judicial bodies
shall remain effective unless
disapproved by the Supreme
Court.
8. Quantum of Proof
(Substantial Evidence)

First Lepanto vs CA
Such evidence as a reasonable
mind may accept as adequate to
support a conclusion

HEIRARCHY OF EVIDENTIARY RULES


Proof beyond
Proof of such a
Criminal proceedings
reasonable doubt
convincing character
that you would be
willing to rely and act
upon it without
hesitation
Clear and convincing Evidence presented
Habeas corpus
evidence
by a party during the
trial must be highly
and substantially
more probable to be
true than not and the
trier of facts must
have firm belief or
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Preponderance of
evidence

Substantial evidence

1.

2.

3.

4.

conviction of its
factuality
Just weigh the
Civil case
evidence of the
parties. Whose
evidence has the
greater waeight?
Such evidence as a
Administrative
reasonable mind may proceedings
accept as adequate
to support a
conclusion

REQUIREMENTS OF ADMINISTRATIVE PROCEEDINGS


(Villa vs Lazaro)
Right to notice, be it actual Paterok vs BOC posting in
or constructive, of the
bulletins
institution of the
proceedings that may
affect a persons legal right
Right to reasonable
Lumiqued vs Exevia counsel
opportunity to appear
personally or with the
assistance of counsel and
defend his right and to
introduce witnesses and
relevant evidence in his
favor, by testimony or
otherwise, and to
controvert the evidence of
the other party
Right to a tribunal vested
Casimiro vs Tando right to be
with competent
heard
jurisdiction, so constituted
as to give him reasonable
assurance of honesty and
impartiality
Right to a finding or
Globe vs NTC order of the NTC
decision by that tribunal
failed to sufficiently explain
supported by substantial
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evidence presented at the


hearing or at least
ascertained in the records,
or disclosed or made
known to the parties
affected

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ELECTION LAW
CHAPTER 1
SUFFRAGE, ELECTION & REGISTRATION OF VOTERS
DEFINITION OF TERMS
ELECTION
a. The means process or system
b. By which the people true
sovereign
c. Choose their officials selection
d. For a definite and fixed period
term of office
e. The exercise of the power of the
government legislative,
executive
SUFFRAGE
a. The right to vote citizens
participation
1. In the election of all officer
chosen by the people
general or special election
2. And in the determination of
all questions submitted to
the plebiscite or referendum,
initiative, recall
a. Suffrage is a broader term
because it includes participation
not only in the election of public
officers but also in the plebiscite
or referendum on a proposed
law enactment
b. Election is limited to expression
of voters choice in the selection
of officials
ELECTION

PLEBISCITE

SCOPE OF SUFFRAGE
a. Expression of the sovereign will
of the people
b. Involving the choice or selection
of candidates to public office by
the popular vote
a. Election at which any proposed
amendment to, or revision of
the constitution
b. Is submitted to the people for
their ratification

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REFERENDUM

INITIATIVE
RECALL

GENERAL

SPECIAL

a. Submission of a law passed by


the national or local legislative
body to the registered voters
b. B. At an election called for that
purpose for their ratification or
rejection
a. Process whereby the registered
voters directly propose, enact
law (national, local)
a. Method by which a public
officer may be removed of
tenure before the expiration of
his term
b. by a vote of the people after
registration of people after
registration of a petition signed
by required percentage of the
qualified voters
TWO KINDS OF ELECTION
a. one provided for
General elections may
by law
9, 2016
b. for the election of
Covers: President, VP,
officers throughout senate, HOR
the state, or
LGUs: ARMM
certain
subdivisions
thereof
c. after the expiration
of the full term of
the former officers
a. one provided by
RA 7166 (nov. 1999)
law
vacancy in the HOR
b. under special
before 1 year before
circumstances
the end of the term
c. such as when an
election is held
Special election not
1. to fill vacancy in earlier than 60 days not
the office
later than 90 days from
death,
occurrence of vacancy
resignation,
permanent
disability
2. OR when certain

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proposal is
submitted to
the vote of
electors
referendum or
plebiscite

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SYSTEM OF ELECTION ADOPTED IN THE PHILIPPINES


SYSTEM USED
Australian system
CONCEIVED BY
Francis S. Dutton, MP of South
Australia
FEATURE
Strict secrecy in balloting
LEGAL BASIS
Sec. 2 Art V 1987 The congress
shall provide a system for securing
the secrecy and sanctity of the
ballots
Natural right

Social expediency

Tribal

Feudal

ethical

THEORIES ON SUFFRAGE
a. Inherent right of
This view dominated
every citizens
USA and France
b. By virtue of his
political thought in the
membership in the 18th century
state
c. Who is not
disqualified by
reason of his own
reprehensible
conduct or
unfitness
a. Public officer or
Not right, but duty
functions
enjoined upon sum
b. Conferred upon
citizens
those fit and
capable of
discharging it
a. Suffrage is a
Not a natural right but
necessary attribute accrues only when one
b. Of membership in
became member of the
the state
state
a. Vested privilege
Before in most US
b. Usually
states only Caucasian
accompanying the males who owned at
ownership of the
least 50 acres of land
land
a. Necessary and
Indicative of political
essential means
maturity
b. For the
development of
the society

PHILIPPINE THEORY ON SUFFRAGE


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A right

a. Expression of the
sovereign will of
the people

A privilege

a. Not granted to
everybody but to
such persons as
are most likely to
exercise it for the
common good

A duty

a. Which every citizen


owes his country

Sec I Art II of 1987


Constitution the
Philippine is a
democratic and
republican state.
Sovereignty resides in
the people and all the
government authority
emanates from them
Sec I Art V, 1987
Constitution suffrage
may be exercised by all
citizens of the
Philippines not
otherwise disqualified
by law, who are at least
18 years of age, and
who shall have resided
in the Philippines for at
let 1 year and in the
place wherein they
propose to vote for at
least 6 month
immediately preceding
the election
Sec 4 BP 881 it shall
be the duty of every
citizen to regist4r and
cast his vote
Sec 4 Art V 1973
Constitution it shall be
the obligation of every
citizen qualified to vote
and register and cast
their vote

Basic
provisions

COMPARATIVE PROVISIONS ON SUFFRAGE


1935
1973
1987
CONSTITUTION
CONSTITUTION
CONSTITUTION
SEC 1 Art V Sec 1 Art VI Sec 1 Art V Suffrage may be
Suffrage shall be
Section 1.
exercised by male exercised by
Suffrage may be
citizens of the
citizens of the
exercised by all
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Gender

Philippines not
otherwise
disqualified by
law, who are
twenty-one years
of age or over and
are able to read
and write, and
who shall have
resided in the
Philippines for
one year and in
the municipality
wherein they
propose to vote
for at least six
months preceding
the election. The
National
Assembly shall
extend the right
of suffrage to
women, if in a
plebiscite which
shall be held for
that purpose
within two years
after the adoption
of this
Constitution, not
less than three
hundred thousand
women
possessing the
necessary
qualifications
shall vote
affirmatively on
the question.
Male citizens only

Philippines not
otherwise
disqualified by
law, who are
eighteen years of
age or over, and
who shall have
resided in the
Philippines for at
least one year
and in the place
wherein they
propose to vote
for at least six
months preceding
the election. No
literacy, property,
or other
substantive
requirement shall
be imposed on
the exercise of
suffrage. The
Batasang
Pambansa shall
provide a system
for the purpose of
securing the
secrecy and
sanctity of the
vote.

citizens of the
Philippines not
otherwise
disqualified by
law, who are at
least eighteen
years of age, and
who shall have
resided in the
Philippines for at
least one year,
and in the place
wherein they
propose to vote,
for at least six
months
immediately
preceding the
election. No
literacy, property,
or other
substantive
requirement shall
be imposed on
the exercise of
suffrage.

All citizens (no


distinction)
At least 18 years
of age
At least 1 year

Age

21 years of age

Citizens (no
distinction)
18 years of age

Residence

At least 1 year

At least 1 year

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literacy

Phil.
6 months place
to vote
Able to read and
write

Phil.
6 months place
to vote
No literacy or
property
requirement

Phil.
6 months place
to vote
No literacy or
property
requirement

REQUISITES FOR THE EXERCISE OF SUFFRAGE


QUALIFIED
a. All citizens of the Philippine
SEC 1 ART V, CONSTITUTION
liens not included
b. Not otherwise disqualified by
law some disqualification for
registration of votes
c. C. Who are at least 18 years of
age lowered to 18 from 21
years of ge in the 1935
Constitution
d. And who shall have resided in
the Philippines for at least 1
year and in the place wherein
they propose to vote for at
least 6 months immediately
preceding the election
DIQUALIFICATION
(a) Any person who has been
Section 118 ART XII BP 881
sentenced by final judgment to
suffer imprisonment for not
less than one year (unless
granted plenary pardon or
granted amnesty). It may be
automatically reacquired 5
years after service of sentence
(b) Act involving disloyalty against
national security treason,
insurrection, rebellion, sedition
and firearm laws.
(c) Insane or incompetent persons
as declared by competent
authority those who are
deprived of reasons
REQUISITES FOR THE EXERCISE OF SUFFRAGE
Registered in the list of voters
a. Sec 10 RA 8189 Disqualifications. - The
following shall be disqualified
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from voting: A qualified voter


shall be registered in the
permanent list of voters in a
precinct of the city or
municipality wherein he resides
to be able to vote in any
election.
b. Sec 6(2) RA 9189 - Qualified
citizens of the Philippines
abroad who failed to register
under Republic Act No. 8189,
otherwise known as the "The
Voters Registration Act of
1996", may personally apply for
registration.....
c. Sec 4 BP 881 - It shall be the
obligation of every citizen to
register and cast his vote.

No further qualifications

PRE-ELECTION
(before)
Registration
Challenge
Inclusion
Exclusion
Voters qualification
Certificate of
candidacy
Watchers
Election campaign
Election
propaganda

d. Sec 4 Art V, 1973


Constitution - It shall be the
obligation of every citizen
qualified to vote to register and
cast his vote.
a. No literacy ability to read and
write
b. Property objection against the
feudal theory
c. Other substantive requirement

ELECTION PROPER
(during)
Casting of votes
Challenge of illegal
votes
Records of challenges
and oaths
- Minute of voting
and counting of
votes
- List of unused
ballots

POST-ELECTION
(after)
Counting of votes
Board of elections
inspectors
Appreciation of
ballots
Election returns
Announcement of
result and issuance
of certificate of
votes received
Canvass and
proclamation

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LAW
BP 881
RA 8189
RA 9189
RA 10367

Pre-proclamation
controversy
Election protest
against proclaimed
candidate
Original and
exclusive jurisdiction
Appellate
jurisdiction
Requisite of election
protest
Quo warranto, its
requisites
Election offenses
appeal

RELEVANT LAWS IN REGISTRATION


TITLE
EFFECTIVITY
OMNIBUS ELECTION
DEC 3, 1985
CODE
VOTER REGISTRATION
JUNE 11, 1996
ACT OF 1996
OVERSEA ACT OF 2003
FEB 13, 2003
MANDATORY
FEB 15, 2015
BIOMETRICS VOTERS
REGISTRATION

RATIONALE

NECESSITY

DIQUALIFICATION

REGITRATION OF VOTERS
a. as a means of determining who possess the
qualifications of voters requires the
examination of the claim of persons to vote on
the ground of possessing these qualifications
b. of regulating the exercise of the right to vote
reasonable and convenient means
a. registration is essential to the exercise of the
right to vote
b. It is a part and parcel of the right to vote
c. Indispensable element in the election process
(a) Any person who has been sentenced by final

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(SAME SUFFRAGE)

judgment to suffer imprisonment for not less


than one year (unless granted plenary pardon
or granted amnesty). It may be automatically
reacquired 5 years after service of sentence
(b) Act involving disloyalty against national
security treason, insurrection, rebellion,
sedition and firearm laws.
(c) Insane or incompetent persons as declared by
competent authority those who are deprived
of reasons

REGITRATION OF VOTERS
DUTY TO REGISTER
SEC 4 BP 881 - It shall be the
obligation of every citizen qualified to
vote to register and cast his vote.
SEC 115 BP 881 DEC 3, 1985
A. In order that a qualified elector
may vote in any election,
plebiscite or referendum,
B. he must be registered in the
permanent list of voters for the
city or municipality in which he
resides.
REGISTRATION

CONTINUING REGISTRATION

a. accomplishing and filing for


registration; must be under oath
b. by qualified voter; Filipino, not
disqualified by law, at let 18
years of age, at least 1 year
Phil, place to vote at least 6
months immediately preceding
election
c. before election officer of city or
municipality wherein he resides
d. including the same in the book
of registered voters- completer
the process of registration, now
considered registered voter
e. approval by election registration
board hearings quarterly;
XXXX
SEC 3 RA 8189
a. personal filing of application
of registration of voters shall

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MANDATORY BIOMETRIC
CAPTURE

be conducted daily in the


office of election officer
during regular office hours
b. no registration shall,
however, be conducted
during the period starting
120 day before a regular
election and 90 day before
special election
RA 10367

Chapter 3
CHALLENGE, INCLUSION, EXCLUSION, ANNULMENT OF BOOK OF VOTERS

CHALLENGES TO RIGHT TO REGISTER


WHO MAY FILE
a. Any voter
b. Candidate
c. Representative of a political
party
REQUIREMENTS
a. Application in writing
SEC 18 RA 8189
b. Under oath
c. Proof of notice of hearing to
challenger and the applicant
d. State the grounds for challenge
PROCEDURE
a. Hearing 3rd monday of the
month
b. Decision rendered before end
of the month
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WHO CAN OPPOSE

a. Filed not later than 2nd monday


of the month
b. Scheduled to be heard by
election registration board

PETITION FOR INCLUSION


WHO MAY FILE
a. Any person whose application
SEC 34 RA 8189
for registration has been
disapproved by the board
b. Any person whose name has
been stricken out from the list
REQUIREMENTS
a. Petition
SEC 34 RA 8189
b. certificate of disapproval of
applications
c. Proof of service of notice of
petition upon the board
WHERE TO FILE
Municipal or metropolitan trial court
SEC 34 RA 8189
WHEN TO FILE
a. At any time
SEC 34 RA 8189
b. Except 105 days prior to
regular election or 75 days
prior to special election
WHEN TO DECIDE
Within 15 days after its filing
APPEAL
a. Within 5 days from receipt of
notice
b. To RTC
c. Decide appeal within 10 days
from receipt
d. Decision is final and executory
(no MR)
PETITION FOR EXCLUSION
WHO MAY FILE
a. Any registered voter
SEC 35 RA 8189
b. Representative of a political
party
c. Election officer
REQUIREMENTS
a. Sworn petition (stating
SEC 35 RA 8189
name, address, precinct of
challenged voter)
b. Proof of notice to the board
and to the challenged voter
WHERE TO FILE
Municipal or metropolitan trial court
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SEC 35 RA 8189
WHEN TO FILE
SEC 35 RA 8189
WHEN TO DECIDE
APPEAL

a. At any time
b. Except 100 days prior to regular
election or 65 days prior to
special election
Within 10 days after its filing
a. Within 5 days from receipt of
notice
b. To RTC
c. Decide appeal within 10 days
from receipt
d. Decision is final and executory
(no MR)

COMPARISON (Challenge, Inclusion,


CHALLENGE
INCLUSION
WHO MAY
a. Any voter
a. Any
FILE
b. Candidate
person
c. Representativ
whose
e of a political
applicati
party
on for
registrati
on has
been
disappro
ved by
the
board
b. Any
person
whose
name
has been
stricken
out from
the list
REQUIREME a. Application in
a. Petition
NTS
writing
b. certificate of
b. Under oath
disapproval of
c. Proof of notice of
applications
hearing to
c. Proof of
challenger and the
service of
applicant
notice of
d. State the grounds petition upon

Exclusion)
EXCLUSION
a. Any registered
voter
b. Representative
of a political
party
c. Election officer

a. Sworn petition
(stating name,
address, precinct of
challenged voter)
b. Proof of notice to
the board and to the
challenged voter

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WHERE TO
FILE

for challenge
Election Registration
Board

WHEN TO
FILE

WHEN TO
DECIDE
APPEAL

WHO MAY FILE

REQUIREMENTS

the board
Municipal or
metropolitan
trial court
a. At any
time
b. Except
105 days
prior to
regular
election
or 75
days
prior to
special
election
Within 15 days
after its filing
a. Within 5
days
from
receipt of
notice
b. To RTC
c. Decide
appeal
within 10
days
from
receipt
d. Decision
is final
and
executor
y (no MR)

Municipal or
metropolitan trial
court
a. At any time
b. Except 100
days prior to
regular
election or 65
days prior to
special
election

Within 10 days after


its filing
a. Within 5
days from
receipt of
notice
b. To RTC
c. Decide
appeal
within 10
days from
receipt
d. Decision is
final and
executory
(no MR)

ANNULMENT OF BOOK OF VOTERS


Sec 39 RA 8189
a. Any voter
Continuing registration
b. Election officer
c. Duly resisted
political party
Sec 39 RA 8189

a. Verified petition

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Continuing registration
Sec 39 RA 8189
Continuing registration

GROUNDS

LIMITATIONS

Sec 39 RA 8189
Continuing registration

b. stating the ground


a. Book of voters is
not prepared in
accordance with
RA 8189
b. Book of voters is
prepared through
fraud, bribery,
forgery,
impersonation,
intimidation, force
or any similar
irregularity
c. Book of voters
contains data that
are statistically
improbable
a. Order, ruling,
decision annulling
a book of voters
shall not be
executed 90 days
before an election
b. Order annulling
book of list of
voters shall not
constitute a
ground for a preproclamation
controversy

CHAPTER 4
QUALIFICATIONS AND DISQUALIFICATIONS

QUALIFICATION OF CANDIDATES FOR NATIONAL ELECTIVE OFFICES


PRES. & VP
SENATE
HOUSE OF REP
BASIS
SEC 2 ART VII
SEC 3 ART VI
SEC 6 ART VI
CITIZENSHIP
Natural born
Natural born
Natural born
AGE
At least 40 years At least 35 years At least 25 years
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LITERACY
VOTER
REGISTRATION
RESIDENCE

old on the day of


the election
Able to read and
write
Registered voter

old on the day of


the election
Able to read and
write
Registered voter

Phil. at least 10
year preceding
election

Phil. not less


than 2 years
preceding
election

old on the day of


the election
Able to read and
write
Registered voter
in the district in
which he shall be
elected
Phili. - at least
two (2) years
before the day of
the election

QUALIFICATION OF CANDIDATES FOR


GOV. & VICE
MAYOR (HUC)
GOV.
BASIS
SEC 39 RA
SEC 39 RA
7160
7160
CITIZENSHIP Citizen
Citizen
AGE
At least 23
At least 23
years old on
years old on
election day
election day
LITERACY
Able to read
Able to read
and write
and write
Filipino or
Filipino or
other local
other local
language
language
VOTER
Registered
Registered
REGISTRATIO voter
voter
N

RESIDENCE

Resident of
province at
least 1 year
preceding
election

LOCAL ELECTIVE OFFICES


MYOR &VM
SP & SB
(CITY)
SEC 39 RA
SEC 39 RA
7160
7160
Citizen
Citizen
At least 21
At least 18
years old on
years old on
election day
election day
Able to read
Able to read
and write
and write
Filipino or
Filipino or
other local
other local
language
language
Registered
Registered
voter
voter in the
district in
which he
shall be
elected
Resident of
Resident of
Resident of
city at least 1 city at least 1 city at least 1
year
year
year
preceding
preceding
preceding
election
election
election

Phil. not
less than 2
years
preceding

Phil. not
less than 2
years
preceding

Phil. not
less than 2
years
preceding

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Phil. not
less than 2
years
preceding

election

QUALIFICATIONS

DISQUALIFICATION

NATURL BORN
CITIZEN
SEC 2 ART IV

DOMICILE

election

election

DEFINITION OF TERMS
a. Any person
b. Aspiring for or seeking an
elective office
c. Who has filed a certificate of
candidacy
d. By himself or through an
accredited political party
aggroupment or coalition of
parties
a. Condition or circumstance
b. That must be met or complied
with
c. To make a person suitable for a
particular position
a. The quality of not being
suitable
b. For a particular position

CANDIDATE
SEC 79(a) BP 881

RESIDENCE

election

DEFINITION OF TERMS
a. Those who are citizens of the Philippines at
the time of the adoption of this Constitution
b. Without having to perform any act to
acquire or perfect their citizenship
c. Those born before January 17, 1973, of
Filipino mothers, who elect Philippine
citizenship upon reaching the age of
majority
Indicate a place of abode, whether permanent or
temporary
a. For the exercise of civil rights and fulfilment
of obligations
b. The domicile of natural person is their
habitual residence

DISQUALIFICATIONS
INCOMPETENT OR INSANE
Declared as incompetent or insane
by competent authority
CONVICTION
Sentenced by final judgement for
(subversion, insurrection,
subversion, insurrection, rebellion or
rebellion)
any offense for which he has been
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OR
CONVICTION
(any offenses, 18 months or more
imprisonment)
CONVICTION
(crime involving moral turpitude)
PERMANENT RESIDENT
or
IMMIGRANT
(foreign country)

sentenced to penalty of more than


18 months imprisonment
Sentenced by final judgement for a
crime involving moral turpitude
Sec 68 - Any person who is a
permanent resident of or an
immigrant to a foreign country shall
not be qualified to run for any
elective office under this Code,
unless said person has waived his
status as permanent resident or
immigrant of a foreign country in
accordance with the residence
requirement provided for in the
election laws.

DISQUALIFICATIONS UNDER RA 7160


(Applicable to candidates for Local elective office only)
CONVICTION
(crime involving moral turpitude)
CONVICTION
(offenses, 1 year or more
imprisonment)
REMOVED FROM OFFICE
CONVICTION
(violation of oath of allegiance)
DUAL CITIZEN
FUGITIVE
PERMANENT RESIDENT
or
IMMIGRANT
(foreign country)
INSANE OR FEEBLEMINDED

Sentenced by final judgement for a


crime involving moral turpitude
Or for an offense punishable by 1
year or more of imprisonment within
2 years after serving sentence
Those removed from office s result
of an administrative case
Those convicted from office as a
result of an administrative case
Those with dual citizen
Fugitives in criminal and non political
case here and abroad
Permanent residents in foreign
country or those who have acquired
the right to reside abroad and
continue to avail of the same right
after the effectivity of the Local
Government Code
Declared as incompetent or insane
by competent authority

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COMPRISON OF 2 DISQUALIFICATION GROUNDS


SEC 40 RA 7160 (Local Government
SEC 2 BP 881 (Omnibus Election
Code) - The following persons are
Code) - This Code shall govern all
disqualified from running for any
election of public officers
elective local position:
SEC 12 BP 881 (Omnibus Election
Code) -Disqualifications
(a) Those sentenced by final judgment (a) for any offense for which he has
for an offense involving moral
been sentenced to a penalty of more
turpitude or for an offense punishable
than eighteen months or for a crime
by one (1) year or more of
involving moral turpitude
imprisonment, within two (2) years
after serving sentence;
(b) Those removed from office as a
result of an administrative case;
(c) Those convicted by final judgment
(c) has been declared by competent
for violating the oath of allegiance to
authority insane or incompetent, or has
the Republic;
been sentenced by final judgment for
subversion, insurrection, rebellion
(d) Those with dual citizenship;
(e) Fugitives from justice in criminal or
non-political cases here or abroad;
(f) Permanent residents in a foreign
(f) SEC 68 - Any person who is a
country or those who have acquired
permanent resident of or an immigrant
the right to reside abroad and continue to a foreign country shall not be
to avail of the same right after the
qualified to run for any elective office
effectivity of this Code;
under this Code, unless said person
has waived his status as permanent
resident or immigrant of a foreign
country in accordance with the
residence requirement provided for in
the election laws.
(g) The insane or feeble-minded
(g) Any person who has been declared
by competent authority insane or
incompetent

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CHAPTER 5
CANDIDACY
Candidate?
Any person aspiring for or seeking an elective public office, who has filed a
certificate of candidacy by himself or through an accredited political party,
aggroupment, or coalition of parties. (Sec. 79, BP 881)
Certificate of Candidacy (COC) ?
Sworn document required to be filed by a person in order to be eligible for any
elective public office.
Contents of a COC? (Sec. 74, BP 881)
The certificate of candidacy shall state that the person filing it is announcing his
candidacy for the office stated therein and that he is eligible for said office;

If for Member of Batasang Pambansa


o the province, including its component cities, highly urbanized city or
district or sector which he seeks to represent;
o the political party to which he belongs;
o civil status;
o his date of birth;
o residence;
o his post office address for all election purposes;
o his profession or occupation;
o that he will support and defend the Constitution of the Philippines and
will maintain true faith and allegiance thereto;
o that he will obey the laws, legal orders, and decrees promulgated by the
duly constituted authorities;
o that he is not a permanent resident or immigrant to a foreign country;
that the obligation imposed by his oath is assumed voluntarily, without
mental reservation or purpose of evasion; and
o that the facts stated in the certificate of candidacy are true to the best of
his knowledge.

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Unless a candidate has officially changed his name through a court approved
proceeding, a certificate shall use in a certificate of candidacy the name by which
he has been baptized.
Not baptized in any church or religion? - name registered in the office of the
local civil registrar or any other name allowed under the provisions of existing law
In case of a Muslim? - Hadji name after performing the prescribed religious
pilgrimage:
Two or more candidates for an office with the same name and surname?
Each candidate, upon being made aware or such fact, shall state his paternal and
maternal surname, except the incumbent who may continue to use the name and
surname stated in his certificate of candidacy when he was elected. He may also
include one nickname or stage name by which he is generally or popularly known
in the locality.
The person filing a certificate of candidacy shall also affix his latest photograph,
passport size; a statement in duplicate containing his bio-data and program of
government not exceeding one hundred words, if he so desires.
Requisite for Eligibility; Rules (Sec. 73, BP 881)
No person shall be eligible for any elective public office unless he files a sworn
certificate of candidacy within the period fixed herein.
A person who has filed a certificate of candidacy may, prior to the election,
withdraw the same by submitting to the office concerned a written declaration
under oath.
No person shall be eligible for more than one office to be filled in the same
election, and if he files his certificate of candidacy for more than one office, he
shall not be eligible for any of them.
However, before the expiration of the period for the filing of certificates of
candidacy, the person who was filed more than one certificate of candidacy
may declare under oath the office for which he desires to be eligible and cancel
the certificate of candidacy for the other office or offices.
The filing or withdrawal of a certificate of candidacy shall not affect whatever
civil, criminal or administrative liabilities which a candidate may have incurred.

Cases:
De Guzman

Doctrines
.. after the people have expressed their will honestly,
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v. Board of
Canvassers
48 Phil 211

Jurilla v.
COMELEC
G.R. No.
105436, June
2, 1994

the result of the election cannot be defeated by the fact


that the respondent who was certified by the provincial
secretary to be a legal candidate for the office of
provincial governor, has not sworn to his certificate of
candidacy.
Formal defects in the certificate of candidacy. While the
certificate of candidacy is required to be under oath, the
election of the candidate cannot be annulled on the sole
ground of formal defects in the certificate, such as lack
of the required oath.
..Sec. 39, par. (a), of the Local Government Code of
1991, earlier quoted, that the law does not specifically
require that the candidate must state in his certificate
of candidacy his Precinct Number and the Barangay
where he is registered. Apparently, it is enough that he
is actually registered as a voter in the precinct where
he intends to vote, which should be within the district
where he is running for office.
The omission by a candidate to indicate in his certificate
of candidacy his precinct number and particular
barangay where he is a registered voter, is not sufficient
ground to disqualify the candidate, because the Local
Govt Code does not require these data to be indicated
in the certificate. It is enough that he is actually
registered as a voter in the precinct where he intends to
vote, which should be within the district where he is
running for office.

Effects of filing a certificate of candidacy


Candidates holding appointive office or positions. - Any person holding a
public appointive office or position, including active members of the
Armed Forces of the Philippines, and officers and employees in
government-owned or controlled corporations, shall be considered ipso
facto resigned from his office upon the filing of his certificate of
candidacy. (Sec 66, BP 881)
Candidates holding elective office. - Any elective official, whether
national or local, running for any office other than the one which he is
holding in a permanent capacity, except for President and Vice-President,
shall be considered ipso facto resigned from his office upon the filing
of his certificate of candidacy. (Sec 67, BP 881)
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Any person who files his certificate of candidacy within this period shall
only be considered as a candidate at the start of the campaign period for
which he filed his certificate of candidacy: Provided, That, unlawful acts
or omissions applicable to a candidate shall effect only upon that start of
the aforesaid campaign period: Provided, finally, That any person holding
a public appointive office or position, including active members of the
armed forces, and officers, and employees in government-owned orcontrolled corporations, shall be considered ipso factor resigned from
his/her office and must vacate the same at the start of the day of the
filing of his/her certification of candidacy. (Sec 13, RA 9369, amending
Sec 11 of RA 8436)

Cases:

PNOC
Energy
v. NLRC
G.R. No.
100947
May 31,
1993

Doctrines
..Section 66 of the Omnibus Election Code applies to officers and
employees in government-owned or controlled corporations, even
those organized under the general laws on incorporation and
therefore not having an original or legislative charter, and even if
they do not fall under the Civil Service Law but under the Labor
Code. In other words, Section 66 constitutes just cause for
termination of employment in addition to those set forth in the
Labor Code, as amended.
Sec. 66, BP 881 applies even to employees of government-owned or
controlled corporations without an original charter.
Section 4(a) of COMELEC Resolution 8678 is a faithful reflection of
the present state of the law and jurisprudence on the matter.

Quinto
v.
COMELE
C
Incumbent Appointive Official. - Under Section 13 of RA 9369,
613 SCRA which reiterates Section 66 of the Omnibus Election Code, any
385
person holding a public appointive office or position, including active
members of the Armed Forces of the Philippines, and officers and
employees in government-owned or -controlled corporations, shall
be considered ipso facto resigned from his office upon the filing of
his certificate of candidacy.

Supreme Court upheld the constitutionality of the aforementioned


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provision.
Effect of filing two (2) certificate of candidacy (Sec 73, par. 3, BP
881)
No person shall be eligible for more than one office to be filled in the same
election, and if he files his certificate of candidacy for more than one office, he
shall not be eligible for any of them.
Case:

Catalina Loreto-Go
v. COMELEC
G.R. No. 147741
May 10, 2001

Doctrines
We annul the COMELEC resolution declaring petitioner
disqualified for both positions of governor of Leyte and
mayor of the municipality of Baybay, Leyte. he filing of
the affidavit of withdrawal with the election officer of
Baybay, Leyte, was a substantial compliance with the
requirement of the law. We hold that petitioner's
withdrawal of her certificate of candidacy for mayor of
Baybay, Leyte was effective for all legal purposes, and
left in full force her certificate of candidacy for
governor.
When a person files two certificates of candidacy for
different offices, he becomes ineligible for either
position. He may withdraw one of his certificates by filing
a sworn declaration with the COMELEC before the
deadline for the filing of certificates of candidacy.

Death disqualification, withdrawal of a candidate (Sec 77, BP 881)


If after the last day for the filing of certificates of candidacy, an official
candidate of a registered or accredited political party dies, withdraws or is
disqualified for any cause, only a person belonging to, and certified by, the
same political party may file a certificate of candidacy to replace the candidate
who died, withdrew or was disqualified.
o The substitute candidate nominated by the political party concerned
may file his certificate of candidacy for the office affected in
accordance with the preceding sections not later than mid-day of the
day of the election.
If the death, withdrawal or disqualification should occur between the day
before the election and mid-day of election day, said certificate may be
filed with any board of election inspectors in the political subdivision where he
is a candidate, or, in the case of candidates to be voted for by the entire
electorate of the country, with the Commission.
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Cases:
Doctrines
The Election Code allows a person who has filed a
certificate of candidacy to withdraw the same prior to
the election by submitting a written declaration under
oath. There is no provision of law which prevents a
candidate from withdrawing his certificate of candidacy
before the election

Luna v. COMELEC
G.R. No. 165983 April
Hans Roger already withdrew his certificate of
24, 2007
candidacy before the COMELEC declared that he was not
a valid candidate. Therefore, unless Hans Rogers
certificate of candidacy was denied due course or
cancelled in accordance with Section 78 of the Election
Code, Hans Rogers certificate of candidacy was valid
and he may be validly substituted by Luna.
whereby he withdrew his withdrawal of his
certificate of candidacy, can only be considered as a new
certificate of candidacy which, having been filed only
four days before the election, could not legally be
accepted under the law, which expressly provides that
Monsale vs. Nico
such certificate should be filed at sixty days before the
83 Phil. 758
election.

The withdrawal of the withdrawal, for purpose of reviving


the certificate of candidacy, must be made within the
period provided by law for filing of the certificate of
candidacy.
Duty of the COMELEC
Ministerial duty of receiving and acknowledging receipt. - The Commission,
provincial election supervisor, election registrar or officer designated by the
Commission or the board of election inspectors under the succeeding section
shall have the ministerial duty to receive and acknowledge receipt of the
certificate of candidacy. (Sec 76, BP 881)
Cases:
Abcede v. Imperial
103 Phil 136

Doctrines
foregoing provisions give the Commission no
discretion to give or not to give due course to
petitioner's certificate of candidacy. On the contrary, the
Conunission has, admittedly, the "ministerial" duty to
receive said certificate of candidacy. Of what use would

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it be to receive it if the certificate were not to be given


due course? We must not assume that Congress
intended to require a useless act that it would have
imposed a mandatory duty to do something vain, futile
and empty.
The Commission may not, by itself, without the proper
proceedings, deny due course to or cancel a certificate
of candidacy filed in due form.
Cipriano v.
COMELEC
479 Phil 677

The Commission has no discretion to give or not to give


due course to petitioners certificate of candidacy. The
duty of the COMELEC to give due course to certificates
of candidacy filed in due form is ministerial in character.
While the Commission may look into patent defects in
the certificates, it may not go into matters not appearing
on their face.
Petition to deny due course to or cancel a certificate of candidacy (Sec
78, BP 881)
A verified petition seeking to deny due course or to cancel a certificate of
candidacy may be filed by the person exclusively on the ground that any
material representation contained therein as required under Section 74
hereof is false.
The petition may be filed at any time not later than twenty-five days from
the time of the filing of the certificate of candidacy and shall be decided,
after due notice and hearing, not later than fifteen days before the
election.

Cases:
Pendatun Salih v.
Sales
G.R. No. 122872
September 10, 1997

Doctrines
on the basis only of the election returns which, on
their face, appear regular and wanting of any physical
signs of tampering, alteration, or other similar vice, the
Second Division could not justifiably exclude said returns
on the occasion of a pre-proclamation controversy
whose office is limited to incomplete, falsified or
materially defective returns which appear as such on
their face. If there had been sham voting or minimal
voting which was made to appear as normal through the
falsification of the election returns by private respondent
Alonzos followers, such grounds are properly cognizable

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in an election protest and not in a pre-proclamation


controversy

Loong v. COMELEC
216 SCRA 760

The prevailing doctrine in this jurisdiction, therefore, is


that as long as the returns appear to be authentic and
duly accomplished on their face, the Board of
Canvassers cannot look beyond or behind them to verify
allegations of irregularities in the casting or the counting
of the votes.
Petition for cancellation must be filed within 25 days
from filing of the certificate of candidacy sought to be
cancelled. In the present case, a petition for cancellation
of certificate of candidacy filed beyond the 35-day period
was not given due course.

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CHAPTER 6
CAMPAIGN
Election campaign?
Also called partisan political activity, refers to an act designed to promote the
election or defeat of a particular candidate or candidates to a public office which
shall include:
(1)
Forming organizations, associations, clubs, committees or other
groups of persons for the purpose of soliciting votes and/or undertaking any
campaign for or against a candidate;
(2)
Holding political caucuses, conferences, meetings, rallies, parades, or
other similar assemblies, for the purpose of soliciting votes and/or
undertaking any campaign or propaganda for or against a candidate;
(3)
Making speeches, announcements or commentaries, or holding
interviews for or against the election of any candidate for public office;
(4)
Publishing or distributing campaign literature or materials designed to
support or oppose the election of any candidate; or
(5)
Directly or indirectly soliciting votes, pledges or support for or against
a candidate.
What are not considered election campaign or partisan political activity?
1-5, If performed for the purpose of enhancing the chances of aspirants for
nomination for candidacy to a public office by a political party,
aggroupment, or coalition of parties.
Public expressions or opinions or discussions of probable issues in a
forthcoming election or on attributes of or criticisms against probable
candidates proposed to be nominated in a forthcoming political party
convention
Prohibitions?
Election campaign or partisan political activity outside campaign period.
However, political parties may hold political conventions or meetings to
nominate their official candidates within thirty days before the commencement
of the campaign period and forty-five days for Presidential and VicePresidential election. (Sec. 80, BP 881)
Intervention of foreigners. It shall be unlawful for any foreigner, whether
judicial or natural person, to aid any candidate or political party, directly or
indirectly, or take part in or influence in any manner any election, or to
contribute or make any expenditure in connection with any election campaign
or partisan political activity. (Sec 81, BP 881)
Removal, destruction or defacement of lawful election propaganda prohibited.
It shall be unlawful for any person during the campaign period to remove,
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destroy, obliterate, or in any manner deface or tamper with, or prevent the


distribution of lawful election propaganda. (Sec 83, BP 881)
Transportation, food and drinks. It shall be unlawful for any candidate, political
party, organization, or any person to give or accept, free of charge, directly or
indirectly, transportation, food or drinks or things of value during the five hours
before and after a public meeting, on the day preceding the election, and on
the day of the election; or to give or contribute, directly or indirectly, money or
things of value for such purpose. (Sec 89, BP 881)
Case
Doctrines
Section 80 of the Omnibus Election Code prohibits is
"an election campaign or partisan political activity" by a
"candidate" "outside" of the campaign period.
Lanot v. COMELEC
G.R. No. 164858
November 16, 2006

Thus, the essential elements for violation of Section 80


of the Omnibus Election Code are:
(1) a person engages in an election campaign or
partisan political activity;
(2) the act is designed to promote the election or
defeat of a particular candidate or candidates;
(3) the act is done outside the campaign period.

Lawful election propaganda (Sec 3, RA 9006; Sec 82, BP 881)


(1) Pamphlets, leaflets, cards, decals, stickers or other written or printed
materials the size of which does not exceed eight and one half inches in width
and fourteen inches in length;
(2) Handwritten or printed letters urging voters to vote for or against any
particular political party or candidate for public office;
(3) Cloth, paper or cardboard posters, whether framed or posted, with an area
not exceeding two (2) feet by three (3) feet, except that, at the site and on the
occasion of a public meeting or rally, or in announcing the holding of said
meeting or rally, streamers not exceeding three (3) feet by eight (8) feet in
size, shall be allowed: Provided, That said streamers may be displayed five (5)
days before the date of the meeting or rally and shall be removed within
twenty-four (24) hours after said meeting or rally;
(4) Paid advertisements in print or broadcast media: Provided, That the
advertisements shall follow the requirements set forth in Section 4 of this Act;
and
(5) All other forms of election propaganda not prohibited by the Omnibus
Election Code or this Act.

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Prohibited forms of election propaganda (Sec 85, BP 881)


It shall be unlawful:
(1) To print, publish, post or distribute any poster, pamphlet, circular, handbill,
or printed matter urging voters to vote for or against any candidate unless they
bear the names and addresses of the printer and payor as required in Section
84 hereof;
(2) To erect, put up, make use of, attach, float or display any billboard, tinplateposter, balloons and the like, of whatever size, shape, form or kind, advertising
for or against any candidate or political party;
(3) To purchase, manufacture, request, distribute or accept electoral
propaganda gadgets, such as pens, lighters, fans of whatever nature,
flashlights, athletic goods or materials, wallets, shirts, hats, bandanas,
matches, cigarettes and the like, except that campaign supporters
accompanying a candidate shall be allowed to wear hats and/or shirts or Tshirts advertising a candidate;
(4) To show or display publicly any advertisement or propaganda for or against
any candidate by means of cinematography, audio-visual units or other screen
projections except telecasts which may be allowed as hereinafter provided; and
(5) For any radio broadcasting or television station to sell or give free of charge
air time for campaign and other political purposes except as authorized in this
Code under the rules and regulations promulgated by the Commission
pursuant thereto.
Any prohibited election propaganda gadget or advertisement shall be stopped,
confiscated or torn down by the representative of the Commission upon specific
authority of the Commission.
Cases

Adiong v.
COMELEC
G.R. No. 103956
March 31, 1992

Doctrines
The COMELEC's prohibition on posting of decals and
stickers on "mobile" places whether public or private
except in designated areas provided for by the COMELEC
itself is null and void on constitutional grounds.
The prohibition unduly infringes on the citizens
fundamental right of free speech enshrined in the
Constitution (Sec. 4, Article III). There is no public
interest substantial enough to warrant the kind of
restriction involved in this case.
The holding of exit polls and the dissemination of their
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results through mass media constitute an essential part


of the freedoms of speech and of the press. Hence, the
Comelec cannot ban them totally in the guise of
ABS-CBN
promoting clean, honest, orderly and credible elections.
Broadcasting Corp.
Quite the contrary, exit polls properly conducted and
v. COMELEC
publicized can be vital tools in eliminating the evils of
election-fixing
and
fraud.
Narrowly
tailored
G.R. No. 133486
countermeasures may be prescribed by the Comelec so
January 28, 2000
as to minimize or suppress the incidental problems in
the conduct of exit polls, without transgressing in any
manner the fundamental rights of our people.
Sec. 5.4, RA 9006 is invalid because
(1) it imposes a prior restraint on the freedom of
expression,
(2) it is a direct and total suppression of a category of
SWS, Inc. v.
expression even though such suppression is only for a
COMELEC
limited period, and
(3) the governmental interest sought to be promoted
G.R. No. 147571
can be achieved by means other than suppression of
May 5, 2001
freedom of expression.

Chavez v.
COMELEC
G.R. No. 162777
August 31, 2004

Sec. 5.4 - Surveys affecting national candidates shall not


be published fifteen (15) days before an election and
surveys affecting local candidates shall not be published
seven (7) days before an election.
The Supreme Court upheld the validity of COMELEC
Resolution 6520 that all propaganda materials including
advertisements on print, in radio, or on television,
showing the image or mentioning the name of a person
who, subsequent to the placement or display thereof,
becomes a candidate for public office, be immediately
removed, otherwise this shall be presumed as premature
campaigning in violation of the provisions of BP 881.

Contributions and Expenses


Election contribution?
Includes a gift, donation, subscription, loan, advance or deposit of money or
anything of value, or a contract, promise or agreement to contribute, whether or
not legally enforceable, made for the purpose of influencing the results of the
elections but shall not include services rendered without compensation by
individuals volunteering a portion or all of their time in behalf of a candidate or
political party. (Sec 94, BP 881)
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Election expenses?
Includes the payment or delivery of money of anything of value, or a contract,
promise or agreement to make an expenditure, for the purpose of influencing the
results of the election. (Sec 94, BP 881)
Prohibited contributions (Sec 95, BP 881)
Limitations? (Sec 13, RA 7166)
Authorized Expenses of Candidates and Political Parties
The agreement amount that a candidate or registered political party may spend
for election campaign shall be as follows:
For candidates:
o Ten pesos (P10.00) for President and Vice-President; and
o Three Pesos (P3.00) for other candidates for every voter currently
registered in the constituency where he filed his certificate of candidacy:
Provided, That a candidate without any political party and without support
from any political party may be allowed to spend Five Pesos (P5.00) for
every such voter
For political parties:
o Five pesos (P5.00) for every voter currently registered in the constituency
or constituencies where it has official candidates.
Statement of Contributions and Expenditures (Sec 14, RA 7166)
Every candidate and treasurer of the political party shall, within thirty (30) days
after the day of the election, file in duplicate with the offices of the Commission
the full, true and itemized statement of all contributions and expenditures in
connection with the election.
No person elected to any public offices shall enter upon the duties of his office
until he has filed the statement of contributions and expenditures herein
required.
The same prohibition shall apply if the political party which nominated the
winning candidate fails to file the statement required herein
Effect of failure to file statement? ADMINISTRATIVE OFFENSE (Sec 14, RA
7166)
Offenders shall be liable to pay an administrative fine ranging from One
thousand pesos (P1,000.00) to Thirty thousand pesos (P30,000.00), in the
discretion of the Commission.
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For the commission of a second or subsequent offense under this section, the
administrative fine shall be from Two thousand pesos (P2,000.00) to Sixty
thousand pesos (P60,000.00), in the discretion of the Commission. In
addition, the offender shall be subject to perpetual disqualification to
hold public office.

Case:

Pilar v. COMELEC

In the case at bench, as the law makes no distinction or


qualification as to whether the candidate pursued his
candidacy or withdrew the same, the term "every
candidate" must be deemed to refer not only to a
candidate who pursued his campaign, but also to one
who withdrew his candidacy.

245 SCRA 749


The requirement to file the statement covers even those
who withdrew as candidates after having filed their
certificates, because, Sec. 14, RA 7166 does not make
any distinction.

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CHAPTER 7
WATCHERS
Who are entitled?
Every registered political party, coalition of political parties and every
independent candidate shall each be entitled to one watcher in every polling
place. (Sec 178, BP 881; Sec 26, RA 7166)
Qualifications (Sec 178, BP 881)
a. Qualified voter of the city or municipality;
b. of good reputation and shall not have been convicted by final judgment of
any election offense or of any other crime;
c. must know how to read and write Pilipino, English, Spanish or any of the
prevailing local dialects; and
d. not related within the fourth civil degree of consanguinity or affinity to the
chairman or any member of the board of election inspectors in the polling
place where he seeks appointment as a watcher.
Rights and Duties of watchers (Sec 179, BP 881)
The watchers shall have the right to stay in the space reserved for them
inside the polling place.
They shall have the right to witness and inform themselves of the
proceedings of the board of election inspectors, including its proceedings
during the registration of voters, to take notes of what they may see or
hear, to take photographs of the proceedings.
to file a protest against any irregularity or violation of law
to read the ballots after they shall have been read by the chairman
to be furnished with a certificate of the number of votes in words and
figures cast for each candidate
Other watchers
The duly accredited citizens arm of the Commission shall be entitled to appoint a
watcher in every polling place. Other civic, religious, professional, business,
service, youth and any other similar organizations, with prior authority of the
Commission, shall be entitled collectively to appoint one watcher in every polling
place.

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CHAPTER 8
CASTING OF VOTES
Preparation of ballots for illiterate and disabled persons
A voter who is illiterate or physically unable to prepare the ballot by himself may
be assisted in the preparation of his ballot by:
a relative, by affinity or consanguinity within the fourth civil degree; or
if he has none, by any person of his confidence who belong to the same
household or any member of the board of election inspectors, except the
two party members.
No voter shall be allowed to vote as illiterate or physically disabled
unless it is so indicated in his registration record.
Limitations
In no case shall an assistor assist more than three times except the non-party
members of the board of election inspectors.
The person thus chosen shall prepare the ballot for the illiterate or disabled
voter inside the voting booth.
The person assisting shall bind himself in a formal document under oath to fill
out the ballot strictly in accordance with the instructions of the voter and not to
reveal the contents of the ballot prepared by him.
Authentication of Ballots
Signature of Chairman at the Back of Every Ballot.
In every case before delivering an official ballot to the voter, the chairman of the
board of election inspectors shall, in the presence of the voter, affix his signature
at the back thereof.
Failure? - Failure to so authenticate shall be noted in the minutes of the board of
election inspectors and shall constitute an election offense

Cases:
Libanan v. HRET

Doctrines
There is really nothing in the above law to the effect
that a ballot which is not so authenticated shall thereby

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G.R. No. 129783


December 22, 1997

Punzalan v.
COMELEC
289 SCRA 702

be deemed spurious. The law merely renders the BEI


Chairman accountable for such failure.
While Section 24 of Republic Act No. 7166 requires the
BEI chairman to affix his signature at the back of the
ballot, the mere failure to do so does not invalidate the
same although it may constitute an election offense
imputable to said BEI chairman. Nowhere in said
provision does it state that the votes contained therein
shall be nullified. It is a well-settled rule that the failure
of the BEI chairman or any of the members of the board
to comply with their mandated administrative
responsibility,
i.e.,
signing,
authenticating
and
thumbmarking of ballots, should not penalize the voter
with disenfranchisement, thereby frustrating the will of
the people.

Challenge of illegal voters (Sec 199, BP 881)


(a) Any voter, or watcher may challenge any person offering to vote for not
being registered, for using the name of another or suffering from existing
disqualification.
(b)No voter shall be required to present his voter's affidavit on election day
unless his identity is challenged.
o His failure or inability to produce his voter's affidavit upon being
challenged, shall not preclude him from voting:
if his identity be shown from the photograph, fingerprints, or
specimen signatures in his approved application in the book of
voters; or
if he is identified under oath by a member of the board of
election inspectors and such identification shall be reflected in
the minutes of the board.
Grounds for challenge (Sec 200, BP 881)
Any voter or watcher may challenge any voter offering to vote on the ground that:
(1)the challenged person has received or expects to receive, has paid, offered
or promised to pay, has contributed, offered or promised to contribute
money or anything of value as consideration for his vote or for the vote of
another
(2)that he has made or received a promise to influence the giving or
withholding of any such vote or that he has made a bet or is interested
directly or indirectly in a bet which depends upon the result of the election
Procedure:
Challenged person shall take a prescribed oath before the board of election
inspectors that he has not committed any of the acts alleged in the challenge.
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Upon the taking of such oath, the challenge shall be dismissed and the
challenged voter shall be allowed to vote, but in case of his refusal to take
such oath, the challenge shall be sustained and he shall not be allowed to
vote.
Record of challenges (Sec 202, BP 881)
The poll clerk shall keep a prescribed record of challenges and oaths taken in
connection therewith and the resolution of the board of election inspectors in each
case and, upon the termination of the voting, shall certify that it contains all the
challenges made.

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CHAPTERS 9
BOARD OF ELECTION INSPECTORS
BOARD OF ELECTION INSPECTORS
a. Chairman
b. Member
c. Poll clerk

COMPOSITION

a. Good moral character and irreproachable


reputation
b. Registered voter of the city or municipality
c. Has never been convicted of any election offense
or of any other crime punishable by more than six
(6) months of imprisonment;
d. Is able to speak, read and write English or the
local dialect

QUALIFICATIONS
Sec 2 RA 8786

BOARD OF ELECTION INSPECTORS

DISQUALIFICATION
Sec 3 RA 8786

a. must not be related within the fourth civil degree


of consanguinity or affinity to any member of the
same BEI or to any candidate to be voted for in
the polling place
b. must not engage in any partisan political activity

POWERS
Sec 10 RA 8786

a. Conducts the voting in the polling place and


administer the election counting of voters;
b. Act as deputies of COMELEC in supervision and
control of polling place
c. Maintain order within the polling place and its
premises
d. Perform such other functions prescribed by law or
by the rules and regulations promulgated by the
COMELEC

CHAPTER 10
COUNTING OF VOTES
COUNTING
OF VOTES
Administrative
Law & Election
Law (Atty Gallant
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a. As soon as the voting is finished, the board of
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PROCEDURE
Sec 206 BP 881

election inspectors shall publicly count in the


polling place the votes cast and ascertain the
results
b. The board of election inspectors shall not adjourn
or postpone or delay the count until it has been

CHAPTER 11
PRE-PROCLAMATION CONTROVERSY

DEFINITION
(Sec.241, B.P.881)

a. Refers to any question pertaining to or


affecting;
b. The proceedings of the Board of Canvassers;
c. Which may be raised by any candidate or by
political party or coalition of political parties;
d. Before the Board or directly with Comelec;
e. Or any matter raised under Secs.
233,234,235,236 in relation to the preparation,
transmission, receipt, custody, and
appreciation of the election returns.

PURPOSE

a. To ascertain the winners in the elections on the


basis of election returns duly authenticated by
the Board of Elections Inspectors and admitted
by the Board of Canvassers.

RATIONALE

a. Prevent the nefarious practice known as grab


the-proclamation, prolong-the-protest.

ISSUES THAT MAY BE RAISED


1. Illegal
composition or
proceedings of
the Board of
Canvassers.

Villamor v. Comelec GR 16986,July 1, 2006


If issue involves illegal composition of Board of
Canvassers, it must be filed immediately when
Board of Canvassers begins to act as such, or at
the time of the appointment of the member whose
capacity as such is objected to.

2. Election Returns
Lagumbay v. Comelec, 16 SCRA 175
were prepared
In each precinct the number of the registered
under duress,
voters equaled the number of ballots and number
threats, coercion,
of votes reportedly cost and tallied for each and
and intimidation,
every candidate of LP, whereas, all the NP got
or they are
exactly zero. Supreme Court stated that said
obviously
returns were obviously false or fabricated-prima
facie, and enunciated the doctrine of statistical
manufactured or
improbability.
not authentic.
3. When substitute
Espaldon v. Comelec G.R. No. L-78987 Aug.
or fraudulent
25, 1987
returns in
Padded voters list , massive fraud, and terrorism
controverted
are clearly
not among
that ,ay be raised
Administrative
Law & Election
Law the
(Attyissues
Gallant
polling places
in a pre-proclamation
controversy.
They are proper
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were canvassed,
grounds
for an
election
protest.
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2015-2016
Finals
Reviewer
the results of
which materially
affected the
standing of the

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CHAPTER 12
ELECTION CONTESTS
JURISDICTION OVER ELECTION CONTESTS
POSITION

ORIGINAL AND EXCLUSIVE

PRESIDENT / VICE-PRESIDENT

Supreme Court

SENATOR

Senate Electoral Tribunal

REPRESENTATIVE

HR Electoral Tribunal

REGIONAL / PROVINCIAL CITY

COMELEC

MUNICIPAL

Regional Trial Court

BARANGAY

Municipal Trial Court, Metropolitan Trial


Court
DECISIONS

APPELATE JURISDICTION

RTC IN MUNICIPAL OFFICES

COMELEC

DECISIONS OF COMELEC

SUPREME COURT

DECISIONS OF ELECTORAL
TRIBUNAL

SUPREME COURT

REQUISITES OF AN ELECTION PROTEST


1. Must be filed by any
candidates who has
filed a COC and has
been voted upon for
the same office

Tan v. Comelec, June 1,1998


Gubernatorial candidate is not the proper party to
institute election protest regarding the election of
the Vice-Governor, Board Members and Municipal
Mayors.

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2. On grounds of fraud,
terrorism,
irregularities or illegal
acts committed
before, during or after
the casting and
counting of votes.

Arao vs Comelec 210 SCRA 290


The Comelec cannot simply close its eyes to the
illegality of the ballots even if the protestant
omitted to raise the ground in his protest.

3. Within the (10 days)


from the proclamation
of the results of the
election.

Gatchalian v. Comelec 245 SCRA 208


The period for filing an election protest is
suspended during the pendency of a preproclamation controversy.

Solar vs Comelec 339 SCRA 685


4. Payment of Docket Fee For failure to pay the basic docket fee, the protest
should be dismissed.

REQUISITES OF QUO WARRANTO

1. Filed by any
registered voter in the
constituency.

Tan v. Comelec, June 1,1998


Gubernatorial candidate is not the proper party
to institute election protest regarding the
election of the Vice-Governor, Board Members
and Municipal Mayors.

2. On grounds of
ineligibility or
disloyalty to the
Republic of the
Philippines.

Ocampo v. HRET, G.R. No. 158466, June 15,


2004
There must be a final judgment (of
disqualification) before the election in order that
the votes of the disqualified candidate can be
constituted as stray.

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3. Within ten (10) days


from the proclamation
of the results of the
election.

Gatchalian v. Comelec, 245 SCRA 208


The period for filing an election protest is
suspended during the pendency of a preproclamation controversy.

Quo Warranto in Elective Offices V. Warranto in Appointive Offices

AS TO BASIS

AS TO ISSUE

ELECTIVE OFFICE

APPOINTIVE OFFICE

Section 253, B.P. 881


Any voter contesting the
election of any Member of the
Batasang Pambansa, regional,
provincial, or city officer on
the ground of ineligibility or of
disloyalty to the Republic of
the Philippines shall file a
sworn petition for quo
warranto with the Commission
within ten days after the
proclamation of the results of
the election

Sec. 5. of Rule 66, Rules of


Court
A person claiming to be
entitled to a public office or
position usurped or unlawfully
held or exercised by another
may bring an action therefor
in his own name.

the issue is the eligibility


of the officer elect;

the issue is the legality of


the appointment;

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CHAPTER 13
ELECTION OFFENSES
TWO ASPECTS OF AN ELECTION OFFENSE

1. CRIMINAL
ASPECT

a. Involves the ascertainment of the guilt or


innocence of the accused candidate like in ant
other case;
b. usually entails a full blown hearing;
c. quantum of proof required to secure a
conviction is proof beyond reasonable doubt.

2. ELECTORAL
ASPECT

a. a determination of whether the offender should


be disqualified from office;
b. This is done through an administration
proceeding which is summary in character;
c. requires only a preponderance of evidence.

ILUSTRATIVE CASE

Sunga v. COMELEC, 288 SCRA 76


In a disqualification case, it is the electoral aspect
that is involved under which an erring candidate may
be disqualified even without prior criminal conviction.
SUNGA v. COMELEC
208 SCRA 76

FACTS:
Manuel C. Sunga- was one of the candidates for Mayor in Iguig, Cagayan, in
the 8 May 1995 elections. Ferdinand B. Trinidad, then incumbent mayor, was a
candidate for re-election in the same municipality.
Sunga- filed disqualification cases against Trinidad on various grounds (using
government vehicles, threats, intimidation, terrorism or other forms of coercion,
vote-buying).
COMELEC En Banc- approved and directed the filing of four (4) informartions
for various elections offenses with RTC Tuguegarao, Cagayan. The
disqualification casw, on the other hand, was referred to the COMELEC 2nd
Division for hearing.
Administrative Law & Election Law (Atty Gallant
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HELD:
a.) an election offense has criminal as well as electoral aspects. Its criminal
aspect involves the ascertainment of the guilt or innocence of the accused
candidate.
b.)
Its electoral aspect, on the other hand, is a determination of
whether the offender should be disqualified from office. This is done
through an administrative proceeding which is summary in character and
requires only a clear preponderance of evidence.
ENUMERATION OF ELECTION OFFENSES

1. Vote-buying and
vote-selling.

2. Wagering upon the


result of the election.

People v. Ferrer, 54 OG 1348


The distribution of cigarettes to people who
attended a political meeting falls within the
context of the prohibition.
Any money or thing of value put up as a bet or as
a wager shall be forfeited to the Government.

3. Threats, intimidation,
use of fraudulent
device or other forms
of coercion
4. Appointment of new
employee.

Except in case of urgent need, with notice to the


Comelec, within three days from the appointment.

5. Carrying of deadly
weapon within a
result of 100 meters
from precinct.

Mappala v. Judge Nunez, 240 SCRA 600


It is not necessary that deadly weapon be seized
while he was in the precinct or within a radius of
100 meters therefrom; it is enough that the
accused carried a deadly weapon within the
prohibited radius during any of the days and hours
specified in the law.

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6. Transfer or detail of
government official/
employee without
Comelec approval

People v. Reyes, 247 SCRA 328


The transfer or detail of a government officer or
employee will not be penalized by Sec. 261 (h).
B.P. 881, if done to promote efficiency in the
government service.

MAPPALA v. JUDGE NUNEZ


240 SCRA 600
FACTS:
Judge Crispulo Nunez acquitted Alejandro Angoluan of violation of Section
261 (p) of the Omnibus Election Code, which punishes, Any person who carries
any deadly weapon in the polling place and within a radius od one hundred
meters thereof during the days and hours fixed by law for the registration of
voters in the polling place, voting, counting of votes, or preparation of election
returns, on the ground that the firearms was not taken from the accused
within the 50 or 100 meters distance from the precinct because in truth and in
fact the said firearm was surrendered by the accused two (2) days after the
elections.
Jacinto Mappala filed an administrative complaint against Judge Nunez for
grass inefficiency, serious misconduct and violation of the Code of Judicial
Ethics.
Held:
a. To support a conviction under the Sec. 261(p) of the Omnibus Election
Code, it is not necessary that the deadly weapon should have been seized
from the accused while he was in the precinct or within a radius of 100
meters therefrom
b. It is enough that the accused carries the deadly weapon in the polling
and within a radius of one hundred meters thereof during any of the
specified days and hours.

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PEOPLE v. REYES
247 SCRA 328
FACTS:
MICP Customs Collector Buenaventura Maniego- assigned Customs
Operation Chief Jovencio Ebio to the office of the Deputy Collector for
Operations as Special Assistant.
Ebio- claimed that that his new assignment violated Comelec Resolution No.
2333 and Sec, 261 (h) of B.P. 881, the Omnibus Election Code, which prohibit
the transfer of any employee in the civil service 120 days before the May 11,
1992 synchronized national and local elections.
Trial Court- granted the motion to quash filed by Maniego and dismissed the
complaint.
HELD:
a) Section 261 (h) of B.P. Blg, 881 does not per se outlaw the transfer of
government officer or employee during election period if done to promote
efficiency in the government service.
b) Hence, Sec.2 of Resolution No. 233 provides that the Comelec that the
Comelec has to pass upon the reason for the proposed transfer or detail.

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CHARACTERISTICS OF ELECTION OFFENSES

1. Jurisdiction over
election offenses.

De Jesus v. People, 120 SCRA 760


The Comelec has exclusive jurisdiction to
investigate and prosecution cases involving
violations of election laws. (Sec. 2(6), Art. IX-C,
1987 Constitution)

2. Preferential disposition
of election offenses.

Investigation and prosecution of election


offenses shall be given priority by the Comelec.
The investigating officer shall resolve the case
within five (5) days from submission.

3. Good faith is not a


defense.

4. Prescription period for


election offense.

People v. Bayona, 61 Phil. 181


Election offenses are generally mala prohibita.
Proof of criminal intent is not necessary. Good
faith, ignorance or lack of malice is not a
defense; the commission of the prohibited act is
sufficient.
Five (5) years from the date of commission.

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