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national and local of the government and in the decisions of public questions submitted to the people. It includes within its scope: election, plebiscite, initiative, referendum and recall. Election– the means by which the people choose their officials for a definite and fixed period and to whom they entrust for the time being as their representatives the exercise of the powers of the government, It involves the choice of selection of candidates to public office by popular vote. Plebiscite– a vote of the people expressing their choice for against a proposed law or enactment submitted to them. An election at which any proposed amendment to or revision of the Constitution is submitted to the people for their ratification. A constitutional requirement o secure the approval of the people directly affected, before certain proposed changes affecting local governments units may be implemented. Initiative– it is the process by which the registered voters directly propose, amend laws, national or local, though an election called for the propose. Amendments to the Constitution may likewise be directly proposed by the people though initiative. Referendum- it is at he submission of a law pass by the national or local legislative body to the registered voters of an election called for the purpose for their ratification or rejection. Recall- it is a method by which a public officer may be removed from office during his tenure or before the expiration of his term by a vote of the people after registration of a petition singed by a required percentage of the qualified voters. Since the right of suffrage is a political and not a natural right, it is within the power of the state prescribe the manner in which such right shall be exercised. Congress is mandated by the Constitution (Sec.2, Art. V):
To provide a system for securing the secrecy and sanctity of the ballot, and for absentee voting by qualified Filipinos abroad, and To design a procedure for the disabled and the illiterate to vote without the assistance of other persons. THE COMMISSION ON ELECTIONS Composition, Qualifications, Appointment, Term of Office The COMELEC is composed of a chairman and six (6) Commission, The Chairman and the Members of the Commission shall be: • natural -born citizens of the Philippines • at least thirty-five years of age • holders of a college degree • must not have been candidates for any elective position in the immediately preceding election • majority thereof, including the Chairman shall be members of the Philippines Bar who have been engaged in the practice of law for at least 10 years (reason: COMELEC exercises quasi-judicial powers) The Chairman and Members are appointed by the president with the consent of the commission on Appointment for the term seven (7) years without reappointment on a staggered basis to make the COMELEC a continuing and self-perpetuating body. Consequently, its members would have the benefit of the experience and expertise of the order members of the performance of its functions, and makes for greater responsibility for its policies and decisions and serve as guarantee against arbitrary action which is likely to occur in a body handling partisans questions. A member appointment and designations in temporary or acting capacity
are not allowed to preserve its independence. Disabilities, inhibitions\disqualifications 1. Shall not, during tenure, hold any other office or employment 2. Shall not engage in the practice of profession 3. Shall not engage in active management or control of any business which in any ay may be affected by the functions of his office 4. Shall not be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the Government, any of its subdivisions, agencies or instrumentalities, including GOCC s or their subsidiaries. Safeguards to insure the independence of the COMELEC It is constitutionally created; may not be abolished by statute It is expressly described as “independent” It is conferred with certain powers and functions which cannot be reduced by statute. The chairman and members cannot be removed except by impeachment. The chairman and members are given fairly long term of office of seven years. The chairman and members may not be reappointed or appointed in an acting capacity. The salaries of the chairman and members are relatively high and may not be decreased during continuance in office. The COMELEC enjoy fiscal autonomy.
COMELEC. provided they do not diminish. The COMELEC may appoint their own officials and employees in accordance with Civil Service Laws. (Kho vs. Sales.318 SCRA 608) • Petition for certiorari involving incidental issues of election protest. 318 SCRA 608) Interlocutory orders issued by a division of the COMELEC cannot be elevated to the COMELEC en banc. (Garvida vs. 271 SCRA 764) • Cases appealed from the RTC or MTC (Zarate vs.339 SCRA 685) . COMELEC 212 SCRA 307. including pre-proclamation controversies. All such election cases shall be heard and decided in division. COMELEC. Zarate vs COMELEC. COMELEC. increase or modify substantive rights (though subject to disapproval by the Supreme Court) The Chairman and Members are subject to certain disqualifications calculated to strengthen their integrity.(Soller vs. provided that motions for reconsideration of decision shall be decided by COMELEC en banc” The Supreme Court set aside the resolutions/decisions of the COMELEC because dthe COMELEC en banc tokk original cognizance of the cases without referring them first to the appropriate Division (Sarmiento vs. ART IX-C “The COMELEC may sit en banc or in two divisions. 279 SCRA 463) The following cases must be decided in Division before they may be heard en bnc on motion for reconsideration: • Petition to cancel a certificate of candidacy. and shall promulgate its rules of procedure in order to expedite disposition of election cases. En Banc & Division Cases SEC 3.The COMELEC may promulgate its own procedural rules.
270 SCRA 590) The COMELEC en banc determines the existence of probable cause.The COMELEC en banc. If this required number is not obtained. may directly assume jurisdiction over petitions for correction of manifest errors in the tabulation or tallying of results (Ststement of votes) by the Board of Canvassers. Ramirez vs. notwithstanding that the same is a pre-proclamation comtroversy. or memorandum required by the rules of the Commission or by the Commission itself. however. Section 5. 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. order. 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. the case may be appealed to the Commission en banc. Unless otherwise provided by the Commission or by law. brief. (Torres vs. COMELEC. COMELEC. The court holds that 2-1 decision rendered by the First Division was a valid . COMELEC. 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. as when there is a dissenting opinion. Two members shall constitute a quorum for the transaction of the official business of the Division. (Faelnar vs.270 SCRA 583. Rule 27 of the 1993 Rules of the COMELEC expressly provides that pre-proclamation controversies involving correction of manifest errors in the tabulation of results may be filed directly with the COMELELEC cen banc.331 SCRA 429) DECISIONS ART IX-A. in which case the vote of the majority shall be the decision of the Commisssion. any decision.” 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.
inter alia. (Gallardo vs. 344 SCRA 358) RULES OF PROCEDURE The COMELEC en banc may promulgate its own rules concerning pleadinga and practice before it or before any of its offices. COOMELEC. 156 SCRA 587) One who is no longer a member of the COMELEC at the time the final decision or resolution is promulgated cannot validly take part in that resolution or decision.decision under ART IX-A . COMELEC.increase or modify substantive rights.is settled whether or not the contestant is claiming the office in dispute. Furthermore.Section 7 of the Constitution. The Rules of Court applies suppletorily to proceedings before the COMELEC. provincial and city officials ELECTION CONTEST refers to the adversary proceedings before which matters involving the title or claim to an elective office made before or after proclamation of the winner.144 SCRA 194) The COMELEC has exclusive appellate jurisdiction over. (Paangarungan vs. (Cua vs. It is neither a civilk action nor crimianal proceeding. 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. shall not diminish. COMELEC.(Javier vs.it is a summary proceeding of a political character. COMELEC.much more could he be the ponente of the resolution or decision.216 SCRA 522) CONSTITUTIONAL POWERS AND FUNCTIONS • Enforce and administer laws relative to conduct of elections The regular courts have no jurisdiction to entertain a petition to enjoin the construction of public works projects within 45 days before an election.(Ambil vs.218 SCRA 253) • Decide election contests involving regional. Its purpose is to ascertain the candidate lawfully elected to office. Such rules. however. Tabamo. contest involving elective barangay officials decided by trial courts of limited .
COMELEC. the right to cast his vote.184 SCRA 484) The COMELEC is the proper appellate court clothed with jurisdiction to hear the appeal. (Ahman vs. Angeles. and other allied questions. SK elections are under the direct control and supervision of the DILG. abolla.135 SCRA 25) .346 SCRA 671) • Decide all questions affecting elections The COMELEC has no jurisdiction over questions involving the right to vote which includes qualifications and disqualifications of voters. (Flores vs. and MeTCs.327 SCRA 100) The provision of RA 6679 granting appellate jurisdiction to the RTC over decisions of MTCs in electoral cases involving elective barangay officials is unconstitutional. may be questioned in an ordinary civil action before the trial courts.MTCCs. Any contest relating to the election of the SK (including the chairman whether pertaining to their eligibility or the manner of their election is cognizable by MTCs. It is the proclamation which marks off the jurisdiction of the courts from the jurisdiction of election officials.276 SCRA 501) Decisions/determinations made by the COMELEC in the exercise of this power. ( Naciionalista Party vs. which must first be filed wiyhin 5 days after the promulgation of the MTCs decision(Antonio vs. COMELEC.315 SCRA 62) The election of SK are goverened by the Omnibus Election Code. (Marquez vs. Ferrer. Such questions shall be decided by the courts.(Filipinas Engineering vs. Mirasol. 313 SCRA 103) The COMELEC has appellate jurisdiction over election protest cases involving elective municipal officials decided by courts of general jurisdiction.(Beso vs. (Carlos vs. COMELEC. COMELEC.jurisdiction.IX-C of the Constitution and no law in effect prioir tom the ratification of the constitution has made the SK Chairman an elective barangay official. being merely administrative(not quasi judicial) in character.section ART. 84 Phil 49) Election contests involving elections of SK officials do not fall within section 252 of the OEC and paragraph 2. the right of a person to be registered as voter.
during the election period. investigate and prosecute • Recommend measures to improve election laws • Recommend the imposition of disciplinary action upon an employee it has deputized for violation of its order. including any government-owned or controlled corporation or its subsidiary. honest. RA 6646. including reasonable equal rates therefor. Such supervision or regulation shall aim to ensure equal opportunity. peaceful. time. and credible elections. COMELEC. The SC upheld the validity of Section 11(b). agency or instrumentality thereof. orderly. orderly. Note that GOCCs are among those that may be supervised and regulated by the COMELEC. or concessions granted by the Government or any subdivision. all grants special privileges.237 SCRA 353) • Regulation of public entities and mediaSection 4. peaceful and credible elections and only during the election period. for public information campaigns and forums among candidates in connection with the objective of holding free. supervise or regulate the enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities. Since the COMELEC can recommend that disciplinary action be taken against an officer it had deputized. media of communication or information. The authority given to the COMELEC is to be exercised ofr the purpose of ensuring free. and the . prohibiting the sale odr donation of print space or airtime for political advertisements. honest.• Deputize law enforcement agencies with the concurrence of the President • Register political parties and accredit its citizens arms • File petitions. and space and the right to reply. IX-C “The Commission may. idt can investigate an administrative charge against such an officer to determine whether or not it should recommend that disciplinary action can be taken against him (Tan vs.
Comelec. The governmental interest sought to be promoted can be achieved by means other than the suppression of freedom of expression. This refers mainly to the power to correct an error because of the omission of a municipality or an error in the name of a municipality and does not include the power to make a reappointment of legislative districts. The holding of exit polls and the dissemination of their results through mass media constitute an essential part of freedom of speech and of the press.289 SCRA 33) An exit poll is a species of electoral survey conducted by qualified individuals or groups of individuals for the purpose of determining the probable result of an election by confidentially asking randomly selected voters whom they have voted for. The reason behind the principle of ballot secrecy is to avoid vote buying through voter identification (ABS-CBN Broadcasting Corporation vs. GR No.323 SCRA 811) An absolute prohibition would be unreasonably restrictive. (Montejo .but also for long term research. COMELEC.because it effectively prevents the use of exit poll data not only for election-day projections. The COMELEC concern with the possible non communicative effect of exit polls-disorder and confusion in the voting centers. COMELEC) The SC held that SEC 5. immediately after they have officially cast their ballot. COMELEC.and the press because: a. It is a direct and total suppression of the category of expression even though such suppression is only for a limited period.(ABS-CBN Broadcasting corporation vs.does not justify a total ban on them.4 of the Fair Election Act prohibiting publication of survey results 15 days immediately preceding a national election and 7 days before a local election violates the constitutional rights of speech.2001) • Make minor adjustments of the apportionment of legislative districts. (Social Weather Station vs. and c. (Telecommunication and Broadcast Attorneys of the Philippines vs. b. 147571. It imposes prior restraint on the freedom of expression.expression.authority of the COMELEC to procure print space (upon payment of just compensation) and free airtime for allocation to candidates. May 5.
prohibition. The COMELEC has the power to cite for contempt. but this power may be . prohibition and mandamus in aid of its exclusive appellate jurisdiction.vs. Exclusive original jurisdiction over all pre-proclamation controversies. 2. Issue writs of certiorari. and mandamus over decisions of trial courts of general jurisdiction in election cases involving elective municipal officials.supra) • Pardon violators of election laws. prohibition The COMELEC has the authority to issue extraordinary writs of certiorari. STATUTORY POWERS 1. Summons parties to a controversy pending before it 5. Enforce and execute its decisions and orders 6. COMELEC. Angeles. The COMELEC is merely authorized to adjust the number of congressmen apportioned to an old province if a new province is created out of it and does not authorize the COMELEC to transfer municipalities from one legislative district to another. (Carlos vs. Punish contempts provided for in the Rules of Courts. (Montejo. • Submit report on how a previous elections was conducted. Power to declare failure of election and call for special election. 3.242 SCRA 415) • Adjust the apportionment in a case of creation of new provinces or cities. • Promulgate rules of procedure concerning pleadings and practice before it or any of its offices. Both the SC and the COMELEC have concurrent jurisdiction to issue writs of certiorari. The court takes jurisdiction first shall exercise exclusive jurisdiction over the case. 346 SCRA 571) 4.
9. now expressly provided in Rule 64. JUDICIAL REVIEW OF DECISIONS Any decision. order or ruling of the COMELEC en banc may be brought to the SC on certiorari by the aggrieved party within 30m days from receipt of the copy thereof. (Ambil vs. equjipment.(Guevarra vs. Procure any supplies. the court exercises extraordinary jurisdiction. materials or services needed for the holding of election 11. (Aratuc vs. Fix other reasonable periods for certain pre-election requirements. Enlist non-partisan groups to assist. 14. COMELEC. 6 SCRA 270) 7. order or ruling en banc may be elevated to the SC is the civil action of certiorari under Rule 65 of the 1964 Revised Rules of Court. Carry out continuing and systematic campaign to educate the public about elections 13. thus the proceeding is limited to issues involving grave abuse of discretion resulting in lack or excess of jurisdiction and does not ordinarily empower the court to review the factual findings of the COMELEC.88 SCRA 251) The mode by which a decision. COMELEC. Promulgate rules and regulations implementing the Election Code 8.344 SCRA358) A special civil action for certiorari is the proper remedy to question any final .exercised only while the COMELEC is engaged in the performance of quasi-judicial functions and not administrative functions. 104 PHIL 269 and Masangcay vs. COMELEC. 1997 Rules of Civil Procedure. When the Supreme Court reviews a decision of the COMELEC. Exercise direct and immediate supervision and control over officials required to perform duties relative to the conduct of election. Prescribe forms to be used in the election 10. as amended. COMELEC. Prescribe the use or adoption of the latest technological and electronic devices 12.
358) VOTERS: QUALIFICATION AND REGISTRATION Qualification for Suffrage . 340 SRA 506) COMELEC Resolution No.336 SCRA 458) What is contemplated by the term “final orders. 344 SCRA 358) The Supreme Court has no power to review via certiorari. beyond judicial interference. is not reviewable by certiorari as it is not order rendered in the legal controversy before it but merely as incident to its inherent administration functions over the conduct of elections. as a result of its choice among various proposals submitted in response to its invitation to bid. is not issued pursuant to the COMELEC’s quasi-judicial functions but merely as an incident of its inherent administrative functions over the conduct of plebiscites.supra) The alleged nature or the COMELEC to implement its resolution ordering the deletion of a candidate’s name in the list of qualified candidates does not call for the exercise of the SC’s function of judicial review as it is undoubtedly administrative in nature. order or resolution of a division of the COMELEC must be reviewed by the COMELEC en banc decision may be brought to the supreme Court on certiorari. 244 SCRA 358) A decision. ruling and decision of the COMELEC rendered in the exercise of its adjudicatory or quasi-judicial powers. (Salva vs.(Salva . rulings and decisions” of the COMELEC reviewable by certiorari by the Suprerme Court as provided by law are those rendered in actions or proceedings before the COMELEC and taken cognizance of by the said body in the exercise of its adjudicatory (or quasi-judicial) powers. COMELEC. COMELEC.(Chavez vs. and any question pertaining to the validity of said resolution may be well taken in an ordinary civil action before the trial courts. (Filipinas Engineering vs. Any question arising from said order may be taken in an ordinary civil action. an interlocutory order or even a final resolution of a Division of the COMELEC. (Ambil vs. COMELEC. Makalintal. 2987 which provides for the rules and regulations governing the conduct of plebiscite. COMELEC. COMEL. (Ambil vs. 211 SCRA 315) A resolution of the COMELEC awarding a contract for the supply of voting booths to a private party.(Guerero vs.order.
Residence. (Sec. profession.226 SCRA 406) Disqualifications 1. shall not deemed to have lost his original residence. property or other substantive requirement shall be imposed on the exercise of suffrage. and (3) an intention to abandon the old domicile. work in the military or naval reservations within the Philippines. Any person who. Any person adjudged by the final judgment of having committed .at least 1 year in the Philippines. there must concur (1) residence or bodily presence in the new locality. No literacy. 2. RA 8189) In election cases. service in the AFP. Any person who temporarily resides in another city municipality or country solely by reason of occupation. In order to acquire a new domicile by choice. may register as voter. and at least 6 months where he proposes to vote immediately preceding the election.Filipino citizenship. PNP or confinement or detention in government institutions.it may be by birth or naturalization. educational activities. the Supreme Court treats domicile and residence and residence as synonymous terms. (Romualdez vs.(2) an intention to remain there. Any person sentenced by the final judgment to suffer imprisonment for not less than one year. employment in public or private service. 9. on the days of registration may not have been reached the required period of residence but who. Age. The residence at the place chosen for the new domicile must be actual. RTC. on the day of election shall possess such qualification.a person may be registered as a voter although he is less than 18 years at the time of registration if he will be at least 18 on the day of election.
Insane or incompetent persons as declared by competent authority. 8.. RA 8189) System of Continuing Registration The personal filing o application of registration of voters shall be conducted daily in the office of the Election Office during regular office hours. RA 8189) The Supreme Court upheld the validity of the COMELEC resolution denying the petition of certain youth sectors to conduct a special registration: “Petitioners were not denied the opportunity to avail of the continuing registration under RA 8189.” (AKBAYAN – . statute books and other repositories of law. 3. be conducted during the period starting 120 days before a regular election and 90 days before a special election.the law aids the vigilant and not those who slumber on their rights… “In a representative democracy the right of suffrage. as the enjoyment of all other rights subject to existing substantive and procedural requirement embodied in our Constitution.(a) any crime involving disloyalty to the government or (b) any crime against national security (c) firearms laws. No registration shall. ought to be exercised within the proper bounds frames and framework of the Constitution and must properly yield to pertinent laws skillfully enacted by the Legislature…” “The right of suffrage ardently invoked by herein petitioners is not at all absolute…the exercise of suffrage.111. however.. Removal of disqualification for conviction • Plenary pardon • Amnesty • Lapse of 5yaers after service of sentence (Sec. (Sec. although afforded a prime niche in the hierarchy of right embodied in the fundamental law.
Exclusion i. (Sec. 24. (Sec. Art. 33. Any registered voter in city or municipality ii. March 26. RA 8189) b. 35. 35 RA 8189) 4. PC] b. vs. 2. Exclusion – Any time except 100 days before a regular election or 65 days before special election. Municipal or Metropolitan Trial Court – original and exclusive Jurisdiction\ ii. Inclusion – Any day except 105 days before regular election or 75 days before a special election. Inclusion Private person whose application was disapprove by the Election Registration Board or whose name was stricken out from the list of waters (Sec. IX-C. (Sec. RA 8189) b. Rule 45 of the Rules of Court. Art. Petitioners a. Art. PC] 3. COMELEC GR No. Representative of political party iii. Petition for exclusion shall be sworn (Sec. Jurisdiction i. 35 . Sec. Period for Filing a. RA 8189) iii. 39. 2001) Inclusion and Exclution Cases 1. 2(6). 147066. IX – C. COMELEC [Sec. 34. Election Officer (Sec. Procedure a. 2(6). Supreme Court – appellate jurisdiction over RTC on question of law (15 days) [Sec. PC. 5(2)(e). VIII.] 2. RA 8189) . RA 8189) COMELEC [Sec.Youth et al. RA 8189) iv. Regional Trial Court – appellate jurisdiction (5 days) (Sec. Each petition shall refer only to only one precinct.
(Sec. 32 (f). impersonation. 33. intimidation. RA 8189) Decision cannot be rendered on stipulation of facts (Sec. Parties to be notified 5. ii Exclusion – 6. Election Registration Board 7. RA 8189) No motion for reconsideration is allowed. Notice i. the COMELEC may annul a list of votes which was not prepared in accordance with RA 8189 or whose preparation was affected with fraud. 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. 32(b). Challenged voters [Sec. candidate or political party affected may intervene. RA 8189) . 32 (f). 33. Inclusion – Election Registration Board i. RA 8189) Annulment of List of Voters 1. No list of voters shall be annulled within 60 days before an election (See.c. RA 8189) Non-appearance is prima facie evidence the registered voter is fictitious (Sec. 2. Upon verified complaint of any voter. RA 8189] 8. • 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. 32c. force or other similar irregularity or statistically improbable. forgery. bribery. election officer or registered political party or motu propio. RA 8189) Any voter. 32(b). (Sec.
A polling place refers to the building or place where the board of election inspectors conduct proceedings and where the voters cast their votes. judicial interference being unnecessary and uncalled for… The sacred right of suffrage guaranteed by the Constitution is not tampered when a list of fictitious voters is excluded from an electoral exercise. List of voters refers to an enumeration of names of registered voters in a precinct duly certified by the Election Registration Board for use in the election. COMELEC. Signature of Chairman at back of every ballot In every case before delivering an official ballot to the voter. Failure to so authenticate shall be noted in the minutes of the BEI and shall constitute an election offense punishable under Sections 263 and 264 of the OEC. 334 SCRA 379) Election precinct is the basic unit of territory established by the COMELEC for the purpose of voting. Book of voters refers to the compilation of all registration records in a precinct. in the presence of the voter. Voting center refers to the building or place where the polling place is located. (Sarangani vs. (Ututalum vs. the Chairman of the BEI shall. said order shall stand. 181 SCRA 335) When an assailed order had been issued pursuant to COMELEC’s administrative powers in the absence of any finding of grave abuse of discretion in declaring a precinct as non – existent.The annulment of the list of voters shall not constitute a ground for a preproclamation controversy. IV. affix his signature at the back thereof. COMELEC. POLITICAL PARTIES AND PARTY – LIST SYSTEM Political party or party when used in the OEC means an organized group of persons pursuing the same ideology. political ideas or platforms of .
or fails to obtain at least 2% of the votes cast under the party – list system in the two preceding elections for the constituency in which it was registered. • A party which fails to obtain at least 10% of the votes cast in the constituency in which it nominated candidates in the election next following its registration shall forfeit its registration. Religious sects 2. Those which refuse to adhere to the Constitution 4. organizations and coalitions thereof registered with the COMELEC. A free and open party system shall be allowed to evolve according to the free choice of the people. PC) 2. The Party–list system was devised to . To acquire juridical personality. A political party may refer to a local regional or national party existing and duly registered and accredited by the COMELEC.government and includes its branches or divisions. a political party must be registered with the COMELEC. Fails to participate in the last two preceding elections. is a mechanism of proportional representation in the election of representatives to the House of Representatives.) (Sec. [Sec 2(5) Art. and to be entitled to the rights of political parties. It declares untruthful statements in its petition 7. regional and sectoral parties. It is a foreign party or organization 5. It has ceased to exist for at least one year . It violates or fails to comply with laws. The following political parties cannot be registered. Those which seeks to achieve their goals through unlawful means 3.2(5). 1. IX – C. It is a religious sect or denomination. Those that are supported by any foreign government GROUNDS FOR CANCELLATION OF REGISTRATION 1. PC] The Party–List System. Party System. and 8. rules and regulations relating to elections 6. 3. It advocates violence or unlawful means to seek its goal 4. Accepting financial contributions from foreign governments or their agencies (for partisan election purposes. qualify for accreditation. organization or association organized for religious purposes. from national. Art IX – C.
(Veterans Federation Party vs. et al vs. Political parties. namely. 147589. labor peasant. 5 of RA 7941. . even the major ones. urban poor. The political party. GR No. they must comply with the declared statutory policy of “Filipino citizens belonging to marginalized and underrepresented sectors to be elected to the House of Representatives. “Thus. may participate in the party – list elections. et al vs. women youth. Furthermore. fisherfolk. COMELEC et al GR No. 5 .replace the reserve seat system – the very essence of the party – list system is representation by election. COMELEC. Sec. 1998 elections. The party – list organization or party must factually and truly represent the marginalized and underrepresented constituencies mentioned in Sec. political parties may be registered under the party – list system. Under the Constitution and RA 7941. sector. 5 Art. 147589. elderly. 2001) . Proportional representation refers to the representation of the marginalized and underrepresented as exemplified by the enumeration in Sec/ 5 of the law. June 26. organization must represent the marginalized and underrepresented groups identified in Sec. they must show that they represent the interest of the marginalized and underrepresented. handicapped. . (Ang Bagong Bayani – OFW Labor Party. indigenous cultural communities. as laid down in the Constitution and RA 7941 . June 26.(Ang Bagong Bayani – OFW Labor Party. et al. veterans. While even major political parties are expressly allowed by RA 7941 and the Constitution. overseas workers and professionals. Art IX – C of the Constitution. 342 SCRA 244) GUIDELINES FOR SCREENING PARTY LIST PARTICIPANTS 1. merely on the ground that they are political parties. majority of its membership should belong to the marginalized and underrepresented. COMELEC. 7 and 8. regional and sectoral parties or organizations. VI of the Constitution provides that members of the House of Representatives may be elected through a party – list system of registered national. under Secs. 2001) 2. provide respondents cannot be disqualified from the party list elections. except for purposes of May 11. The requisite character of these organizations must be consistent with the purpose of the party – list system.
imam or pastors may be elected should they represent not heir religious sect but the indigenous community sector. A party or an organization must not be disqualified under Sec. Not only the candidate party or organization must represent marginalized and underrepresented sectors. natural – born – citizen of the Philippines b. and f. While lacking a well – defined political constituency. The parameters of the Filipino Party – List System are: (1) the twenty percent allocation. e. d. so also must its nominees. a resident of the Philippines for a period not of no less than one year immediately preceding the day of the election. including its nominees must comply with the qualification requirements of Sec. 6. 7. That religious sector may not be represented in the party – list system. RA 7941 as follows: No person shall be nominated as party list representative unless he is: a.3. except that priest. 5. a registered voter. (3) the three seat limit. c. The party. a bonafide member of the party or organization which he seeks to represent for at least 90 days preceding the day of the election. and . able to read and write. 9. the nominee must likewise be able to contribute to the formation and enactment of appropriate legislation that will benefit the nation as a whole. Any youth sectoral representative who attains the age of 30 during his term shall be allowed to continue in office until the expiration of his term. or a project organized or an entity funded or assisted by. In case of a nominee of the youth sector. The party organized must not be adjunct of. RA 7941. at least be 25 but not more than 30 years of age on the day of the election. 6. the government. 8. 4. At least 25 years of age on the day of the election. (2) the two percent threshold.
GR No.147589. PC 1. it merely provides a ceiling for party – list seats in Congress . . Art. • Under the Niemeyer formula. a formulation which means that any increase in the number of district representatives. 2001) V. CANDIDATES AND CERTIFICATES OF CANDIDACY QUALIFICATIONS OF CANDIDATES A. Local Government Code Qualifications prescribed by law are continuing requirements and must be possessed for the duration of the officer’s active tenure. . (Ang Bagong Bayani –OFW Labor Party. while no doubt suitable for Germany. • Sections 5 (2). . will necessarily result in a corresponding increase in the number of party – list seats . et al.(4) proportional representation. . VI of the Constitution is not mandatory. his title to the office may be seasonably . . Senators 3.. The Niemeyer formula. National – Arts. VI and VII. Congressmen – District and Party–List Representatives B. Local – Sec. an as may be provided by law. • The Constitution makes the number of district representatives the determinant in arriving at the number of seats allocated for party list lawmakers. the number of additional seats to which a qualified party would be entitled is determined by multiplying the remaining number of seats to be allocated by the total number of votes obtained by that party and dividing the product by the total number of votes garnered by all the qualified parties. Obtaining absolute proportional representation is restricted by the three-seat-per-party limit to a maximum of two additional slots .39. Once any of the required qualifications is lost. et al vs. President and Vice President 2. June 26. finds no application in the Philippine setting because of our three seat limit and the non – mandatory character of the twenty percent allocation. COMELEC.
Thus. 3. a bonafide intention of abandoning the former residence and establishing a new one. 176 SCRA 1) Residence In Marcos vs. In his certificate of candidacy. COMELEC. 248 SCRA 400. Tacloban became IRMs domicile of origin by operation of law when her father brought the family to Leyte. 2.challenged. COMELEC. her acts following her return to the country clearly indicate that she chose Tacloban. his birth of certificate places Conception. Tarlac for 52 years. consistent with Webster. A minor follows the domicile of his parents. and his bare assertion of transfer of domicile from tarlac to Makati is hardly supported by the facts of the case. and acts which correspond with the purpose. (Frivaldo vs. The wife does not automatically gain the husband’s domicile because the term “residence” in Civil Law does not mean the same thing in Political Law. • In Aquino vs. as her domicile of choice. Even assuming that she gained a new domicile after her marriage and acquired the right to choose a new one only after her husband died. these domicile of origin should continue. the Supreme Court upheld the qualification of IRMarcos despite her own declarations in her certificate of candidacy that she had resided in the district for only seven months because of the following: 1. Domicile of origin is lost only when there is actual removal or change of domicile. the Supreme Court held that Agapito Aquino failed to prove that he had established not just residence but domicile of choice in Makati. physical and personal presence in the district that a candidate seeks to represent . when IRM married Marcos in 1954. 4. in the absence of clear and positive proof of the concurrence of all these. she kept her domicile or origin and merely gained a new home. he indicated that he was a resident of San Jose Concepcion. COMELEC. • When the Constitution speaks of residence the word should be understood. 248 SCRA 300. his domicile of origin was Conception. 174 SCRA 245 and Labor vs. Tarlac as birthplace. Tarlac. not a domicilium necessarium. he was a registered voter of the same district. her domicile of origin. to mean actual. COMELEC.
The residence requirement is rooted in the desire that officials of districts or localities are acquainted not only with the metes and bounds of their constituencies but. for the purpose of determining which law was applicable as regards his estate . practical and common sense national for the residence requirement. . (Torayna vs. .e.. . . where he. politics. and a very legalistic.• The original concept of domicile. it was designed to resolve the conflict of laws between or among state where a decedent may have lived for various reasons. . commerce and other businesses from the entire province. . . which arose from American jurisprudence was not intended to govern political rights. is that to which the Constitution refers when it speaks of residence for the purposes of election law . 317 SCRA 641) The rationale of requiring candidates to have a minimum period of residence in the area in which they seek to be elected is to prevent the possibility of a stranger or newcomer unacquainted with the conditions and needs of a community and not identified with the latter from seeking an elective office to serve that community . (Domino vs. more important. . does not completely isolate its residents. and vice versa. with the constituents themselves. no matter where he may found at any given time. . especially when the city is located at the very heart of the province itself . academic and technical approach to the resident requirement does not satisfy this simple. eventually intends to return and remain. (Perez vs. Applying the concept of domicile in determining residence as a qualification for an elective office would negate the objective behind the residence requirement set forth under the law . his domicile. The classification of an area as a highly urbanized or independent component city. COMELEC 337 SCRA . for that matter. COMELEC. The registration of a voter in a place other than his residence of origin is not sufficient to consider him to have abandoned or lost his residence. COMELEC 310 SCRA 546) The place where the party actually or constructively has his permanent home. i.
HRET. if he was originally a natural-born citizen before he lost his Philippine citizenship. 2001) Repatriation results in the recovery of the original nationality. This means that a naturalized Filipino who lost his citizenship will be restored to his prior status as a naturalized Filipino citizen. On the other hand. or accepting commission in. Any person declared by competent authority insane or Incompetent B. Offense for which he was sentenced to penalty of More than 18 months 3. which provides that any person who had lost his Philippine citizenship by rendering service to. Crime involving morale turpitude (Sec. Insurrection or rebellion 2. (Bengson III vs. 12. or after separation from the Armed Forces of the United States. Any person sentenced by final judgment for any of the Following offenses: 1. The said oath of allegiance shall contain a renunciation of any other citizenship. he will be restored to his former status as a natural –born Filipino. acquired United States citizenship by taking an oath to the Republic of the Philippines and registering the same with Local Civil Registry in the place where he resides or last reside in the Philippines. 142840. GR No. (Bengson. supra) Disqualifications Grounds Under the Omnibus Election Code A.574) Philippine citizenship The lost citizenship may be reacquired under Sec. 1 of RA 2630. the Armed Forces of the United States. BP 881) C. A permanent resident to or immigrant to foreign country Unless he . et al. May 7.
Those with dual citizenship--The phrase “dual citizenship” in RA 7160. 274 SCRA 481) C. Those sentenced by final judgment for an offense involving moral turpitude or an offense punishable by imprisonment for at least one year. Conviction. upon the filing of their certificates of candidacy. 1992 is not disqualified from running for elective local office (Grego vs. 40 (d) and RA 7854. it should suffice if. 12. The term includes not only those who flee after conviction to avoid punishment. D. For candidates with dual citizenship. unless granted plenary pardon. BP 881) D. B. Manzano. (Mercado vs. amnesty. after being changed. Removal. 68. Those removed from office as a result of an administrative case. Fugitives from justice in criminal or non – political cases. An elective local official who was removed from office prior to January 1. they elect Philippine citizenship to terminate their status as persons with dual citizenship considering that their condition is the unavoidable consequence of conflicting laws of different states. 40 A. (Marquez vs. within two years after service of sentence. Permanent residents in foreign country or those who have the right to . Sec. flee to avoid prosecution. 307 SCRA 630) E. BP 881) Grounds under the Local Government Code – Sec. Sec. persons with mere dual citizenship do not fall under this disqualification. but likewise who. 243 SCRA 538) G. Those convicted by final judgment for violating his oath of allegiance to the Republic.” Consequently. Insanity or incompetence – declaration of removal by competent authority E. or Lapse of 5 years after service of sentence (Sec. 20 must be understood as referring to “dual allegiance. F. COMELEC.waives such status (Sec. COMELEC.
it is not enough that an individual has served three consecutive in an elective local office. COMELEC. conversely involuntary severance from the office for any length of time short of the full term provided by law amounts to an interruption of continuity of service. GR No. Under the Lone candidate Law – RA 8295 . 191 SCRA 229) H. (Lonzanida vs. Consequently. . The insane or feeble – minded. 1998) Conditions for the application of the disqualification: (1) the official concerned has been elected for three consecutive terms in the same local government post and (2) that he has fully served three consecutive terms . COMELEC. he must also have been elected to the same position for the same number of times before the disqualification can apply: (Borja vs.reside abroad and continue to avail of it. . September 3. Voluntary renunciation of a term of office does not cancel the renounced term in the computation of the three term limit. Under the Revised Administrative Code – Municipal Office • Ecclesiastics (Pamil vs. 311 SACRA 602) 1. Teleron. 133495. Three consecutive terms limit The term limit for elective local officials must be taken to refer to the right to be elected as well as the right to serve in the same elective position. . A proclamation subsequently declared void is no proclamation at all and while a proclaimed candidate may assume office on the strength of the proclamation of the Board of Canvassers he is only a presumptive winner who assumes office subject to the final outcome of the election protest . 56 SCRA 413) • Persons receiving compensation from provincial or municipal funds • Contractors for public works of the municipality 2. (Caasi vs. CA.
GR No. punishment. COMELEC. harasses. 2001) Forms Oath The certificate must be sworn. Certificates of Candidacy No person shall be eligible for any elective public unless he files a sworn certificate of candidacy within the period fixed by the Omnibus Election Code. (Sec 73. BP 881) Before the deadline for filing certificates he may withdraw all expect one. his honor or property that is meant to eliminate all other potential candidates.Any elective official who has resigned from his office by accepting an appointive office to become vacant due to his resignation. damage. loss or disadvantages to any person or persons aspiring to become a candidate or that of the immediate member of his family. May 10. (Go vs. intimidates or actually causes. COMELEC. (Gador vs. 73. BP 881) . (Sec. RA 7166) A certificate filed beyond the deadline is not valid. threatens. declaring under oath the office for which he desires to be eligible and cancel the certificate of candidacy for other office or offices. directly or indirectly coerces. injury. Deadline Certificate of candidacy must be filed not later than the day before the date for the beginning of the campaign period. 147741. 7. inflicts or produces any violence. 95 SCRA 431) Prohibition against multiple candidacies A person who files a certificate of candidacy for more than one office should be eligible for any of them. torture. and Any person who. bribes. (Sec.
city or municipal officials shall be filed in 5 copies not later than 45 days before the election. such as held of oath (Guzman vs. When two or more candidates for the same office have the same name or surname. 5 copies. not later than 90 days before date of election. 71. except the incumbent (See. . the name registered with the civil registrar or any other name allowed by law. City and Municipal offices – City or Municipal Election Registrar concerned. BP 881) Place and Period of Filling For President. For Members of the House of Representatives: Provincial legislative districts – Provincial Election Supervisor of the Province concerned NCR legislative districts – Regional COMELEC Directors Legislative districts in cities outside NCR – City Election registrar concerned For provincial offices – Provincial Election Supervisor of the province concerned. each shall state his paternal and maternal surnames. 48 Phil 211) Name A candidate shall use his baptismal name or full name. Provincial. He may include one nickname or stage name by which he is generally known. The certificates of candidacy of Members of the House of Representatives. Vice President and Senators: main office of the COMELEC in Manila. Board of Canvassers.The election of a candidate cannot be annulled because of formal defects in his certificate.
There was no withdrawal of candidacy for the position of mayor where the candidate. No certificate of candidacy shall be filed or accepted by mail. the candidates among whom they are to make the choice. NLRC. SCRA 671). the rule is that the COMELEC shall have only the ministerial duty to receive and acknowledge receipt of the certificates of candidacy. 78. 222 SCRA 831) Any elective official. and votes might be cast even for unknown or fictitious persons. and (2) to avoid confusion and inconvenience in the tabulation of the votes to the duly registered candidates.The certificate of candidacy shall be filed by the candidate personally or his duly authorized representative. as mark to identify the votes in favor of a candidate for another office in the same election. BP 881) Effect Filing An appointive public official is considered resigned upon filing of his certificate. telegram or facsimile. The evident purpose of the law in requiring the filing of certificate of candidacy and in fixing the time limit therefore are. 3636.This includes an employs of a GOCC organized under the Corporation Code (Without original charter). (1) to enable the voters to know. COMELEC Resolution No. 26. since the law makes no distinction. Rono. at least sixty days before the regular election. (Sec. BP 881. 137. (sec. before the . (Miranda vs. whether national or local who has filed a certificate of candidacy for the same or any other office shall not be considered resigned from office.Sanciangco vs. 66. there might be as many persons voted for as there are voters. (PNOC – EDC vs. 311 SCRA 617) Duty of COMELEC Subject to its authority over nuisance candidates and its power to deny due course or cancel a certificate of candidacy. Abaya. (Sec. Rules and Regulations Implementing RA 9006) Withdrawal of Certificate of Candidacy Form – written declaration under oath.
73. RA 9006) . (Ramirez vs. 105365. asked for his certificate of candidacy and intercalated the word “vice” before the word mayor and the following day wrote the election registrar saying that his name be included in the list of official candidates for mayor. (See. 1989) Since his certificate of candidacy for the office of board member was filed by his party. COMELEC. 1992) Substitution of Candidacy – Sec. The legal requirement that the withdrawal be under oath will be held to be merely directory and the candidate’s failure to observe the requirement is considered a harmless error. COMELEC. Jan 12. with the COMELEC. COMELEC. L – 81059. The votes in his favor should be counted. the official ballots shall provide spaces where the voters may write the name of substitute candidates if they are voting for the latter. 12. 77 BP 881. Said certificate may be filled with any board of election inspectors in the political subdivision where he is an electorate of the country. 12. there was substantial compliance with Sec. and the said party had withdrawn the nomination which withdrawal was confirmed by the candidate under oath. (Villanueva vs. 140 SCRA 352) In case of valid substitutions after the official ballot have been printed. the votes cast for the substituted candidates shall be considered as many votes but shall not invalidate the whole ballot. personally appeared in the COMELEC office.deadline for filing certificates of candidacy. a candidate dies. June 2. Hence the bona fide certificate of the substitute candidate cannot be assailed. L-81150. Jan 12. 1992) Even if the withdrawal was not under oath. (Domingo vs. Such technicality of the original candidate’s withdrawal of his certificate of candidacy cannot be used to override the people’s will in favor to the substitute candidate. City Board of Canvassers. Sec. His filing under oath within the statutory period of his individual certificate for candidacy for the separate office of mayor was. in effect. RA 9006 If after the last day for filing certificates. (Vivero vs. For this purpose. a rejection of the party nomination on his behalf for the office of board member. withdraws or is disqualified. GR No. the certificate of the substitute cannot be annulled after the election. he may be substituted by a person belonging to his party not later than the mid – day of election.
amending Sec. 12 of RA 8436) DISQUALIFICATION OF CANDIDATES 1. RA 9006. 311 SCRA 617) In case of valid substitutions after the official ballots have been printed. Abaya. . Mula. for how can a person take the place of somebody who does not exist or who never was. While Sec. The concept of a substitute presupposes the existence of the person to be substituted. If a person was not a candidate. Sec. A disqualified candidate may only be substituted if he had a valid certificate of candidacy in the first place because. 77 of the Election Code .There is nothing in the Constitution or statute which requires as condition precedent that a substitute candidate must have been a member of the party concerned for a certain period of time before he can be nominated as such. 78 of the Election Code enumerated the occasion where a candidate may validly substitute there is no mention of the case where a candidate is excluded not only by disqualification but also by denial and cancellation of his certificate of candidacy (Miranda vs. 315 SCRA 266) A valid certificate of candidacy is likewise an indispensable requisite in the case of a substitution of a disqualified candidate under the provisions of Sec. . (Sinaca vs. 12. . . he cannot be substituted under Sec. the votes cast for the substituted candidates shall be considered as stray votes but shall not invalidate the whole ballot. 77 of the Code .. if the disqualified candidate did not have a valid and seasonably filed certificate of candidacy. 68 Giving money or other material consideration to influence voters or public officials performing electoral functions Committing acts of terrorism to enhance his candidacy . Grounds Violation of Omnibus Election Code – Sec. . he is and was not a candidate at all..
86 and 261. (Secs. 228 SCRA 76) A petition filed after the election is filed out of time. 78 The COMELEC has jurisdiction over a petition to disqualify a candidate for congressman for ineligibility before he has been proclaimed and has assumed office (Marcos vs. 69 A petition to disqualify a candidate for councilor for failure to indicate in his certificate of candidacy the precinct number and the barangay as a registered voter cannot be considered a petition to disqualify him for being a nuisance candidate. receiving or making any prohibited contribution Violations of Secs. COMELEC. 216 SCRA 769) Since the filing by facsimile transmission is not sanctioned and a facsimile . COMELEC. 232 SCRA 758) Falsity of material representation in certificate of candidacy. paragraphs d. Nuisance candidate – Sec. The Procedural defect as cured by the subsequent payment of the docket fee. 83. any voter may file a petition to disqualify a candidate on grounds provided by law. – Sec. 5a and 7. COMELEC. 85. (Sunga vs. e. Procedure for disqualification of candidates The petition shall be filed by any registered candidate for the same Office within 5 days from the last day of filing of certificates of Candidacy. 337 SCRA 574) The fact that no docket fee was initially paid is not fatal.Spending in his election campaign in excess of the amount allowed by the Code Soliciting.COMELEC. (Torayno vs. k. RA 6646) Under the election laws and the COMELEC Rules of Procedure. since his certificate was not filed to make mockery of the election or to confuse the voters. sub-paragraph 6. 248 SCRA 400) 2. COMELEC. 248 SCRA 300. (Jurilla vs. v and cc. 80.COMELEC. (Loong vs. Aquino vs.
as it was impossible to file the petition earlier. order the suspension of the proclamation of such candidate whenever the evidence of guilt is strong. and the votes cast for him shall not be counted. The fact that a candidate has been proclaimed and had assumed the position to which he was elected does not divest the .copy is not an original pleading. from serving. may. Before final judgment – If for any reason a candidate is not declared by final judgment before an election to be disqualified and he is voted for and receives the winning number of votes in such election the Court or Commission shall continue with the trial and hearing of the action. RA 6646) The purpose of a disqualification proceeding is to prevent the candidate from running or. or to prosecute him for violation of election laws. 5(e) and 7. (Nolasco. 6. upon motion of the complainant or any intervenor. 180 SCRA 509) The COMELEC may motu propio refuse to give due course or cancel a certificate of candidacy. (Sec. 271 SCRA 764) Where a qualified candidate was replaced on the day before the election. during the tendency thereof. if elected. inquiry or protest and. 69. (Garvida vs. 275 SCRA 762) The COMELEC can decide a disqualification case directly without referring it to its legal officers for investigation. COMELEC. RA 6646] EFFECTS OF DISQUALIFICATION CASE After final judgment -Any candidate who has been declared by final judgment to be disqualified shall not be voted for. supra) The decision shall be final and executory after 5 days from receipt unless stayed by the Supreme Court [Secs. (Nolasco vs. BP 881) The proceeding shall be summary. Sales. a petition to disqualify the replacement filed on election day should be entertained. (Abella vs. a petition for disqualification should be deemed filed upon the filing of the original petition. (Sec. Larrazabal.
What is made mandatory is the continuation of the trial and hearing of the action. their votes would be declared stray or invalid votes and that would not be true in the case of one filed after the electorate has already voted . COMELEC. 2050 provides that where a complaint is filed after the election but before proclamation. COMELEC. (Sunga vs. Second paragraph of paragraph 2 of Res.COMELEC of authority and jurisdiction to continue the hearing and eventually decide the disqualification. The COMELEC should not dismiss the case simply because the respondent has been proclaimed. the complaint must be dismissed as a disqualification case but shall be referred to the Law Department for preliminary investigation. COMELEC. 211 SCRA 297). The use of the word “may”. COMELEC. 320 SCRA 817) The COMELEC can legally suspend the proclamation of the winning candidate although he received the winning number of votes.(Labo vs. 317 SCRA 641) A disqualification case may have two aspects. COMELEC. . Why there is a difference between a petition for disqualifications before and after the election proceeds from the fact that before the electorate and those who vote for the candidate assume the risk that should said candidate be disqualified after the election. indicates that the suspension of the proclamation is merely directory and permissive in nature and operates to confer discretion. (Perez vs. inquiry or protest. 288 SCRA 76 and Lonzanida vs. . (Bagatsing vs. which necessitates proof beyond reasonable doubt to convict. (Grego vs. 311 SCRA 617) Sec. the proclamation of a candidate is valid. 6 of RA 6616 authorizes the continuation of proceedings for disqualification even after the elections if the respondent has not been proclaimed. the administrative. . if the COMELEC did not suspend his proclamation. . Since the suspension of the proclamation is merely permissive. and the criminal. No. . as in this case. . COMELEC. which required only a preponderance of evidence to prove disqualification. There is no provision in RA 6646 that treats of a situation where the complaint for disqualification is filed after the election.
enacted June 6. they should be counted in favor of the petitioner. It shall be unlawful for any person or any party to engage in election campaign or partisan political activity except during the campaign period. CONTRIBUTIONS AND EXPENDITURES Election campaign or partisan political activity refers to an act designed to promote the election or defeat of a particular candidate or candidates for public office. it shall not be considered as election campaign or partisan political activity. BP 881) a. etc. (Mercado vs. 1997. COMELEC. when there is only one (1) qualified candidate for such position. intervention may be allowed in proceedings for disqualification even after election if there has yet no final judgment rendered. Section 3 thereof also provides that the lone candidate so proclaimed shall assume office not earlier than the scheduled election day. Section 2 thereof provides the upon the expiration of the deadline for the filing of certificate of candidacy in a special election called to fill a vacancy in an elective position other than for President and Vice-President.274 SCRA 481) Under the same provision. If done for the purpose of enhancing the chances of aspirants for nomination for candidacy to a public office by a political party. Mazano. 79. . 307 SCRA 630) Where the votes cast for a nuisance candidate whose disqualification had not yet become final on election day were tallied separately. the lone candidate shall be proclaimed elected to the position by proper proclaiming body of the COMELEC that he is the only candidate for the office and is thereby deemed elected. (Sec. (Bautista vs. VI. ELECTION PROPAGANDA. CAMPAIGN. 298. SCRA 480) THE LONE CANDIDATE LAW The Lone Candidate Law is RA 8295. in the absence of any lawful ground to deny due course or cancel the certificate of candidacy in order to prevent such proclamation. b.
RA 9006) 6. city and municipal officials – 45 days before election day. cards. provincial. Members of the Civil Service to engage. 180 minutes for radio / Local Positions: 60 minutes for TV. city or municipal officials – not earlier than 75 days before election day B. Lawful propaganda 1. may be displayed 5 days before the date of rally but shall be removed within 24 hours after said rally. President. Broadcast Media(i. Vice-President and Senators – 90 days before election day 2. posters measuring. leaflets.e. stickers and written or printed materials not more than 8 ½ inches by 14 inches 3. Nomination of candidates 1. C. Congressmen. in any electioneering or partisan political campaign. 4. 5. Handwritten/printed letters 4. paper or cardboard. 90 minutes . Forms 2. A. directly or indirectly. Congressmen. Pamphlets. Campaign period 1. allowed in announcing at the site on the occasion of a public meeting or rally. Cloth. (Sec.c.. magazine or other publication during the campaign period. President. provincial. not more than 2 feet by 3 feet 3 by 8 ft. Vice-President and Senators – not earlier than 165 before election date 2. Paid print advertisements: ¼ page in broadsheets and ½ pages in tabloids thrice a week per newspaper. decals. TV and radio) National Positions: 120 minutes for TV.
If the broadcast is given free or charge by the radio or television station. 2. Requirement 1.” followed by the true and correct name and address of the candidate or party for whose benefit the election propaganda was printed or aired. broadcast or outdoor advertisements donated to the candidate or political party shall be printed. Public exhibition of a movie. Other forms of election propaganda not prohibited by the Omnibus Election Code and RA 9006. RA 9006) D. 4. Prohibited Campaign 1.for radio 7. cinematograph or documentary portraying the life or biography of a candidate during campaign period. (Sec.\ 2. broadcast or exhibited without the written acceptance by the said candidate or political party. published. Public exhibition of a movie. Scope . Any published or printed political matter or broadcast of election propaganda by television or radio for or against a candidate or group of candidates to any public office shall bear and be reasonably legible or audible words “political advertisement paid for. 3. 3. Use of airtime for campaign of a media practitioner who is an official of a party or a member of the campaign staff of a candidate or political party. it shall be identified by the word “airtime for this broadcast was provided free of charge by” followed by the true and correct name and address of the broadcast entity. Such written acceptance shall be attached to the advertising contract and shall be submitted to the COMELEC. and authorized by the COMELEC. Print. cinematograph or documentary portrayed by an actor or media personality who is himself a candidate.
207 SCRA 1) E. (Sec. his spouse. An application for permit for a rally shall not be denied except on the ground that a prior written application for the same purpose has been approved. Rallies 1. relative within second degree of consanguinity or affinity. where an operator of a public utility disguised a contribution to a candidate for governor as loan. (Sec. 83 SCRA 633) 3. COMELEC. and mass media practitioners may give their opinion regarding candidates. drinks or things of value within 5 hours before and after a public rally. . It is unlawful to give or accept transportation. Prohibited donations It is prohibited for any candidate. 104. the promissory note is void: (halili vs. or representative to make any contribution for any structure for public use or for use of any religious or civic organization except the normal religious dues and payment for scholarships established and school contributions habitually made before the campaign period. 87. COMELEC. 89 BP 881) F. Public or private financial institutions 2. Public utilities and those who exploit natural resources Thus.1. Mass media may report news relating to candidates. Prohibiting the posting of decals and stickers except in the common posting area authorized by the COMELEC is not valid (Adiong vs. BP 881) 2. A denial is appealable to the provincial election supervisor or COMELEC. Persons who hold contracts or sub-contracts to supply the government with goods and services. 244 SCRA 272) 2. (Sec. (National Press Club vs. food. before election day and on election day. Prohibited contributions No political contribution shall be made by the following: 1. Court of Appeals. BP 881) G.
Code) H. Other candidates – P3 per voter in his constituency c Candidate without political party – P5 per voter d. 000 by the government or any of its subdivisions or instrumentalities 6. Candidates a. reporter. Persons granted franchises. 13.4. Employees in the Civil Service or members of the Armed Forces. on-air correspondent or personality who is a candidate for any elective public office or is a campaign volunteer for or employed or retained in any capacity by any candidate or political party shall be deemed resigned. Any mass media columnist. Limitation on expenses – Sec. suspended or cancelled during the election period. 95 . I. Bp 881) 9. Corporations (sec. 8. exemptions or similar privileges by the government 5. announcer. The following guidelines may be amplified on by the COMELEC. 36 (9). Schools which received grants of public funds of at least P100. Corp. Political party and coalition – P5 per voter in the constituency where it . or shall take a leave of absence from his work as such during the campaign. Foreigners (Sec. No franchise or permit to operate a radio or television shall be granted or issued. Equal Access to Media Time and Space All registered parties and bonafide candidates shall have equal access to media time and space .000 7. if so required by their employers. President and vice president – P10 per voter b. RA 7166 1. Party/organization and coalition participating in the party – list system – P5 per voter 2. incentives. commentator. And that any media practitioner who is an official candidate of a political party or member of the campaign staff of a candidate or political party shall not use his media time and space to favor any candidate or political party. 1. 2. Persons granted loans in excess of P25.
Statement of contributions and expenditures 1. 14. Recall election is an election by means of which voters decide whether they should retain their local official or elect his replacement. COMELEC. BOARD OF ELECTION INSPECTORS (BEI). Penalties a. General election is one provided for by law for the election to offices throughout the State. for the law makes no distinction. b. No persons elected shall assume office until he and his political party has filed the required statements 2.000 to P60. WATCHERS KINDS OF ELECTION 1. or certain subdivisions thereof. 000 b. Administrative fine from P2. after the expiration of the full term of former officers. RA 7166) 3. Filing a. ELECTION. 3. Subsequent offense i. First Offense – administrative fine from P 1. (sec. Perpetual disqualification to hold public office (Sec.000 to P30. every candidate and treasurer of political party shall file within 30 days after election day a statement of contributions and expenditures. 331 SCRA 388) . 2.has candidates. 13. 000 ii. (Claudio vs. (Pilar vs. COMELEC. RA 7166) J. Effect of withdrawal A candidate who withdraws his certificate of candidacy must still file a statement of contributions and expenditures. 245 SCRA 759) VII. 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.
Cebu City. and other analogous cases of such nature that the holding of a free. Vice-President.[Sec. For municipalities in Metro Manila – the COMELEC shall divide them into two districts by baranggay for purposes of electing members of the SB. In accordance with the constitutional policy to synchronize elections. IX – C. (RA 7166) Under 6679. POSEPONEMENT OF ELECTION When for any serious cause such as violence. shall postpone the election therein. 9. For cities in Metro Manila Area.ELECTION PERIOD Unless otherwise fixed by the COMELEC in special cases. except barangay officials. 2 and 3 of RA 6686. Davao City or any other city with two or more legislative district – governed by Secs. and after due notice and hearing. terrorism. loss or destruction of election paraphernalia or records. shall be on the second Monday of May once every three years. motu propio or upon a verified petition by any interested party. ELECTION OF SANGGUNIANG MEMBERS 1. For provinces with only one legislative district – the COMELEC shall divide them into districts for purposes of electing the members of the SPn. (Sec. 2. Senators and Members of the House of Representatives and local officials. the COMELEC. BP 881) . Art. whereby all interested parties are afforded equal opportunity to be heard. 3. the regular election for national and local officials is now held simultaneously. the election period shall commence 90 days before the day of the day of the election and shall end 30 days thereafter. 4. For provinces with two or more legislative district the elective members of Sangguniang Panlalawigan (Spn) shall be elected by legislative districts. regular elections for barangay officials shall be held once every five years. force majeure. 5. orderly and honest election should become impossible in any political subdivision. PC] DATE OF ELECTION The regular election of the President.
GR No. 141723. and (3) after the voting and during the preparation and transmission of the election returns or in the custody or canvass thereof. or even with the agreement of the candidates. . Sec. and 2. (Soliva et al vs. (hassan vs. of the time. COMELEC. cannot validly postpone or suspend the election. 264 SCRA 125) FAILURE OF ELECTION 1. It should be reasonably close to the date of the election not held. violence.An election officer alone. April 20. subject to the remedy of review provided for in Art IX – A Section 7. COMELEC. (2) when the election in any polling place has been suspended before the hour fixed by law for the closure of the voting. The power to throw out or annul an election should be exercised with the utmost care and only under circumstances which demonstrate beyond doubt either that the disregard of the law had been so fundamental or so pertinent and continuous that it is impossible to distinguish what votes are . . such election results in a failure to elect. COMELEC. (Basher vs. either actual or constructive.2001) 2. 330 SCRA 736). since the voters were deprived of the opportunity to vote. In fixing the date of special elections the COMELEC should see to it that: 1. terrorism. It should not be later than thirty (30) days after the secession of the cause of the postponement of suspension of the election or a failure to elect. 319 SCRA 283) A special election is not valid if notice of its date and of the transfer of the precincts was given less than a day before.(Pangandaman vs. COMELEC. supra) A petition to postpone elections should be addressed to the COMELEC. place and purpose thereof (Basher vs. It is essential to the validity of the election that the voters have notice in some form. suspended or which resulted in the failure to elect. fraud and other analogous cases.6 the OEC contemplates three instances when the COMELEC may declare a failure of election and call for the holding of a special election: (1) when thee election in any polling place has not been held on the date fixed on account of force majeure. COMELEC.
An election cannot be annulled because of the illegal transfer of a precinct less than 45 days before the election if the votes of those who were not able to vote will not alter the result. such as disenfranchisement of voters. fraud. 260 SCRA 494) 9. (Loong vs. The fact that less than 25% of the registered voters voted does not constitute failure of election. Lack of notice of the date and time of the canvass. The fact that the names of some registered voters were omitted from the list of voters. presence of flying voters. strangers voted for some of the registered voters. or that the great body of voters have been prevented by viiolence.230 SCRA 54) 6. COMELEC. violence. COMELEC. COMELEC.(Hassan vs. COMELEC.260 SCRA 604) 7. intimidation and threats from exercising their franchise… There is failure of elections only when the will of the electorate has been muted and cannot be ascertained. COMELLEC. the control data of some election returns were filled up. There is no reglementary period for filing a petition for annulment of an election if there has as yet been no proclamation. COMELEC.2001) 3. and that there was a delay in the delivery of election returns are not grounds for the declaration of failure of election.January 19. (Benito vs. a candidate was credited with less votes than he received. A special election should be held if the ballot box in the precinct was burned.264 SCRA 125) 4. the ballot boxes were brought to the municipal hall without padlock and seals.lawful and what are unlawful. (Canicosa vs. . COMELEC. The destruction of the copies of the election returns intended for the board of canvassers is not a ground for the declaration of failure of election as other copies of the returns can be used (Sardea vs. 134913. terrorism. or to arrive at any certain result whatsoever. (Balindong vs. (Borja vs. since voting took place.225 SCRA 374) 5. 282 SCRA 512) 8. GR No. and lack of qualifications of the members of the Board of Inspectors are not grounds for declaration of failure of election but for an election protest. (Mitmug vs. and analogous causes. COMELEC.
257 SCRA 1) 10.257 SCRA 1) SPECIAL ELECTION TO FILL UP VACANCY 1. COMELEC. since it is not a pre-proclamation case or an election protest. RA 6646) WATCHERS Number 1. In case of permanent vacancy in Congress at least one year before the expiration of the term. teachers in private schools. (Borja vs. employees in the civil service. COMELEC. The COMELEC may decide a petition to declare a failure of election en banc at the first instance. (Loong vss. the COMELEC shall hold a special election not earlier than 90 days after the occurrence of the vacancy. If there are not enough public school teachers. theCOMELEC may conduct a technical examination of election documents and compare and analyze the signatures and fingerprints of the voters. 260 SCRA 604) In petitions to declare a failure of election on the ground of fraud.RA 7166) BOARD OF ELECTION INSPECTORS (BEI) The Board of Election Inspectors shall be composed of a chairman and two members. all of whom are public school teachers. A vacancy in the Senate will be filled up at the next regular election. Official watchers Every registered party or coalition of parties and every candidate is entitled to one watcher per precinct and canvassing counter. 2. Candidates for the local legislature belonging to the same party are entitled collectively to one watcher. or other citizens of known probity and competence may be appointed. . (Section 4. (Section 13.
the failure to authenticate the ballots shall no longer be cause for the invalidation thereof. RA 8045) VIII. COMELEC. BP 881) Important rights of watchers 1. BP881) 2. Other watchers • The accredited citizen’s arm is entitled to a watcher in every precinct.283 SCRA 520) Under the rules prevailing during the 1997 Barangay Elections. The omission of such signature does not affect the validity of the ballot. (Section 196. It is unlawful to use carbon paper. (Section 180.Six principal watchers from 6 accredited major political parties shall be recognized. To stay inside the precinct b. (Section 200. (Section 26. (Malabaguio vs. An illiterate or physically disabled voter may be assisted by a relative by affinity or consanguinity within the fourth degree or any person of his confidence who belongs to the same household or any member of the Board of Election Inspectors. 7166) 2.BP881) 3. CASTING OF VOTES 1. (Section 1. Citizen’s Arm To be given a copy of the election return to be used for the conduct of an unofficial count. paraffin paper or other means for . A voter who was challenged on the ground that he has been paid for the vote or made a bet on the result of the election will be allowed to vote if he takes an oath that he did not commit the act alleged in the challenge. To inform themselves of the proceedings c. • Other civic organizations may be authorized to appoint one watcher in every precinct. To obtain a certificate of the number of votes cast for each candidate (Section 179.346 SCRA 699) 2. The chairman of the Board of Election Inspectors should sign each ballot at the back. All watchers a. To file a protest against any irregularity d. BP881) 4.(Libanan vs HRET.
d) An immigrant or a permanent resident who is recognized as such in the . 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. 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. (Gutierrez vs. Feb. and other government employees assigned in connection with the performance of election duties to places where they are not registered. however.BP881). 5. Aquino. (Section 12. PNP. 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.making a copy of the contents of the ballot or to use any means to identify the ballot.1959) ABSENTEE VOTING 1. – The following shall be disqualified from voting under this Act: a) Those who have lost their Filipino citizenship in accordance with Philippine laws. RA 7166) RA NO. 9189 “AN ACT PROVIDING FOR A SYSTEM OF OVERSEAS ABSENTEE VOTING BY QUALIFIED CITIZENS OF THE PHILIPPINES ABROAD” Sec. b) Those who have expressly renounced their Philippine citizenship and who have pledge allegiance to a foreign country. (Section 169. V-president and Senators are allowed for members of the AFP. such disability not having been removed by plenary pardon or amnesty: Provided. BP 881) 2. Provided further. including those who have committed and been found guilty of Disloyalty as define under Article 137 of the Revised Penal Code.26. 195. Members of the Board of Election Inspectors and their substitutes may vote in the precinct where they are assigned. A ballot prepared under such circumstances should not be counted.(Sec. Disqualification. Absentee voting for President.
All applications for the May 2004 elections shall be filed with the Commission not later than two hundred eighty (280) calendar days before . unless he/she execute. an affidavit prepared for the purpose by the Commission declaring that he/ she shall resume actual physical permanent residence in the Philippine not later than three(3) years from approval of his/her registration under this Act. as verified by the Philippine embassies. Such affidavit shall also state that she/ he has no applied for citizenship in another country. consulates or foreign service establishments concerned. the Commission is hereby authorized to prescribe procedures for overseas absentee registration pursuant to the provisions of Republic Act No. or with the representative of the Commission of the Philippine embassies. Subject to guidelines herein provided. Qualified citizens of the Philippines abroad who failed to register under Republic Act No. – Registration as an overseas absentee voter shall be done in person. e) Any citizen of the Philippines abroad previously declared insane or incompetent by competent authority in the Philippines or abroad. 6 Personal Overseas Absentee Registration. consulates and other foreign service establishments shall transmit within five (5) days from receipt the accomplished registration forms to the Commission after which the Commission shall coordinate with the Election Officer of the city or municipality of the applicant’s stated residence for verification. SEC. The embassies. 8189. taking into strict consideration the time zones and the various periods and processes herein provided for the proper implementation of this Act. 8189. otherwise known as “The Voters Registration Act of 1996”. Failure to return shall be cause for the removal of the name of immigrant or permanent resident from the National Registry of Absentee Voters and his/her permanent disqualification to vote in absentia. consulates and other foreign service establishments that have jurisdiction over the locality where they temporarily reside. upon registration. hearing and annotation in the permanent list of voters.host country. may personally apply for registration with the Election Registration Board of the city or municipality where they were domiciled immediately prior to their departure from the Philippines. unless such competent authority subsequently certifies that such person is no longer insane or incompetent. whenever applicable.
if any. The Commission shall include the approved applications in the National Registry of Absentee Voters.3 In the event that an objection to the application is filed prior to or on the date of hearing. including those certified as registered voters. the Commission shall provide for the period within which applications to register must be filed. the Election Officer shall notify the applicant of said objection by registered mail.4 The application shall be approved or disapproved based on the merits of the objection.5 A Certificate of Registration as an overseas absentee voter shall be issued by the Commission to all applicants whose applications have been approved.1 Upon receipt of the application for registration. 6. The applicant shall be notified of the approval or disapproval of his/her application by registered mail. 6. In the case of seafarers. the Election Officer shall immediately set the application for hearing. 6. . The Election Officer shall immediately furnish a copy of the application to the designated representatives of political parties and other accredited groups. The applicant shall have the right to file his counter-affidavit by registered mail. and closing therein copies of affidavits or documents submitted in support of the objection filed with the said Election Officer. 6. clearly stating therein facts and defenses sworn before any officer in the host country authorized to administer oaths. the notice of which shall be posted in a conspicuous place in the premises of the city or municipal building of the applicant’s stated residence for at least one (1) week before the date of the hearing. counter-affidavit and documents submitted by the party objecting and those of the applicant. which shall decide on the application within one (1) week from the date of hearing without waiting for the quarterly meeting of the Board. For succeeding elections. the Commission shall provide a special mechanism for the time and manner of personal registration taking into consideration the nature of their work. the Election Officer shall immediately forward the application to the Election Registration Board.2 If no verified objection to the application is filed.the day of elections. 6.
The petition shall be decided within five (5) days after its filing on the basis of documents submitted in connection therewith. the ruling of the Election Registration Board shall be considered affirmed. 7. personnel and mechanisms of the various government agencies for purposes of data gathering. the Commission shall optimize the use of existing facilities. Pre-departure programs. Towards this end. within a period of five (5) days from receipt of the notice of this approval.8 Requirements for Registration.6 If the application has been approved. have the right to file a petition for inclusion with the proper municipal or metropolitan trial court. Department of Labor and Employment. data validation.7 If the application has been approved. with a corresponding annotation in the Certified Voter’s List. – The Commission shall ensure that the benefits of the system of continuing registration are extended to qualified overseas absentee voters. information dissemination and facilitation of the registration process. the applicant or his authorized representative shall.6. Sec. Commission on Filipinos Overseas and other appropriate agencies of the government shall be utilized for purposes of supporting the overseas absentee registration and voting processes. Sec. System of Continuing Registration. Overseas Workers’ Welfare Administration. services and mechanisms offered and administered by the Department of Foreign Affairs. subject to limitations imposed by law. who have previously registered as voters pursuant to Republic Act No. 8189 shall apply for certification as absentee voters and for inclusion in the National Registry of Overseas Absentee Voters. Qualified citizens of the Philippines abroad. any interested party may file a petition for exclusion not later than two hundred ten (210) days before the day of elections with the proper municipal or metropolitan trial court. 6. – Every Filipino registrant shall be . The petition shall be decided within fifteen (15) days after its filing on the basis of the documents submitted in connection therewith. Philippine Overseas Employment Administration. Should the court fail to render a decision within the prescribed period.
required to furnish the following documents: a) A valid Philippine passport. In the absence of a valid passport, a certification of the Department of Foreign Affairs that it has reviewed the appropriate documents submitted by the applicant and found them sufficient to warrant the issuance of a passport, or that the applicant is a holder of a valid passport but is unable to produce the same for a valid reason; b) accomplished registration from prescribed by the commission containing the mandatory information: • Last know residence of the applicant in the Philippines before leaving for abroad; • Address of applicant abroad, or forwarding address in the case of seafarers; • Where voting by mail is allowed, the applicant’s mailing address outside the Philippines where the ballot for absentee voters will be sent, in proper cases; and • Name and address of applicant’s authorized representative in the Philippines for purposes of Section 6.7 and Section 12 hereof. In the case of immigrants and permanent residents not otherwise disqualified to vote under this Act, an affidavit declaring the intention to resume actual physical permanent residence in the Philippines not later than three (3) years after approval of his/her registration as an overseas absentee voter under this Act. Such affidavit shall also state that he/she has not applied for citizenship in another country. The Commission may also require additional data to facilitate registration and recording. NO information other than those necessary to establish the identity and qualification of the applicant shall be required. Sec. 11 Procedure for Application to Vote in Absentia.11.1 Every qualified citizen to the Philippines abroad whose application for registration has been approved, including those previously registered under Republic Act No. 8189, shall, in every national election, file with the officer of the embassy, consulate or other foreign service establishment authorized by the Commission, a sworn written application to vote in a form prescribed by the Commission. The authorized officer of such embassy,
consulate or other foreign service establishment shall transmit to the Commission the said application to vote within five (5) days from receipt thereof. The application form shall be accomplished in triplicate and submitted together with the photocopy of his/her overseas absentee voter certificate of registration. 11.2 Every application to vote in absentia may be done personally at, or by mail to the embassy, consulate or foreign service establishment, which has jurisdiction over the country where he/she has indicated his/her address for purposes of th elections. 11.3 Consular and diplomatic services rendered in connection with the overseas absentee voting processes shall be made available at no cost to the overseas absentee voter. Sec. 12 . Verification and Approval of Application to Vote.All applications shall be acted upon by the Commission upon receipt thereof, but in no case later than one hundred fifty (150) days before the day of elections. In the event of disapproval of the application, the voter or his authorized representative may file a Motion for Reconsideration with the Commission personally, or by registered mail, within ten (10) days from receipt of the notice of disapproval. The Commission shall act within five (5) days from receipt of such Motion for Reconsideration and shall immediately notify the voter of its decision. The decision of the Commission shall be final and executory. Sec. 16. casting and Submission of Ballot.16.1 Upon receipt by7 the designated officer of the embassy, consulate and other foreign service establishments of the ballots for overseas absentee voters, voting instruction, election forms and other paraphernalia, he/she shall make them available on the premises to the qualified overseas absentee voters in their respective jurisdiction during the thirty (30 ) days before the day of elections when overseas absentee voters may cast their vote. Immediately upon receiving it, the overseas voter must fillout his/her ballot personally, in secret, without leaving the premises of the embassies, consulates and other Foreign Service establishments concerned.
16.2 The overseas absentee voter shall personally accomplish his/her ballot at the embassy, consulate or other foreign service establishment that has jurisdiction over the country where he/she temporarily resides or at any polling place designated and accredited by the Commission. 16.3 The overseas absentee voter shall cast his ballot, upon presentation of the absentee voter identification card issued by the Commission, within thirty (30) days before the day of elections. In the case of seafarers, they shall cast their ballots anytime within sixty (60) days before the day of elections. In the case of seafarers, they shall cast their ballots anytime within sixty (60) days before the day of elections as prescribed in the Implementing Rules and Guidelines. 16.4 All accomplished ballots received shall be placed unopened inside sealed containers and kept in a secure place designated by the Commission. 16.5 The embassies, consulates and other foreign service establishments concerned shall keep a complete record of the ballots for overseas absentee voters, specifically indicating the number of ballots they actually received, and in cases where voting by mail is allowed under Section 17 hereof, the names and addresses of the voters to whom these ballots were sent, including proof of receipt thereof. In addition, the embassies, consulates and other foreign service establishments shall submit a formal report to the Commission and the Joint Congressional Oversight Committee created under this Act within thirty (30) days from the day of elections. Such report shall contain data on the number of ballots cast and received by the officers the number of invalid and unclaimed ballots and other pertinent data. 16.6 The overseas absentee shall be instructed that his/her ballot shall not be counted if it is not inside the special envelope furnished him/her when it is cast. 16.7 Ballots not claimed by the overseas absentee voters at the embassies, consulates and other foreign service establishments, in case of personal voting, and ballots returned to the embassies, consulates and other foreign service establishments concerned, in the case of voting by
9 A special Ballot Reception and Custody Group composed of three (3) members shall be constituted by the Commission from among the staff of the embassies. – 17. Voting by mail may be allowed in countries that satisfy the following conditions: a. and citizens of the Philippines abroad. Sec. 16. subject to the approval of the Congressional Oversight Committee. or other secured networks in the casting of votes.) Where the mailing system is fairly well-developed and secure to prevent occasion for fraud. consulates and other foreign service establishments concerned including their attached agencies.8 Only ballots cast. and accredited citizens’ arms of the Commission shall be notified in writing thereof and shall have the right to witness the proceedings. consulates and other foreign service establishments concerned in accordance with Section 17 hereof before the close of voting open the day of elections shall be counted in accordance with Section 18 hereof. 16. internet.mail. the Commission shall authorize by voting mail in not more than three (3) countries. Shall be cancelled and shipped to the Commission by the least costly method within six (6) months from the day of elections.10 During this phase of the election process. 16.11 The Commission shall study the use of electronic mail.1 For the May 2004 elections. candidates. and mailed ballots received by the Philippine embassies. 17. and shall be cancelled and shipped to the Commission by the least costly method within six (6) months from the day of elections. and submit a report thereon to the Joint Congressional Oversight Committee. . consulates and other foreign service establishments after the prescribed period shall not b opened. All envelopes containing the ballots received by the embassies. who will be deputized to receive ballots and take custody of the same preparatory to their transmittal to the Special Boards of Election Inspectors. Voting by Mail. the authorized representatives of political parties. 16.
b.) Where there exists a technically established identification system that would preclude multiple or proxy voting; and c.) Where the system of reception and custody of mailed ballots in the embassies, consulates and other foreign service establishments concerned are adequate and well-secured. Thereafter, voting by mail in any country shall be allowed only upon review and approval of the Joint Congressional Oversight Committee. 17..2 The overseas absentee voter shall send his/her accomplished ballot to the corresponding embassy, consular or foreign service establishment that has jurisdiction over the country where he/she temporarily resides. He/she shall be entitled to cast his/her ballot at any time upon his/her receipt thereof, provided that the same is received before the close of voting on the day of elections. The overseas absentee voter shall be instructed that his/her ballots shall not be counted if not transmitted in the special envelope furnished him/her. 17.3 Only mailed ballots received by the Philippine embassy, consulate and other foreign service establishments before the close of voting on the day of elections shall be counted in accordance with Section 18 hereof. All envelopes containing the ballots received by the embassies, consulates and other foreign service establishments after the prescribed period shall not be opened, and shall be cancelled and disposed of appropriately, with a corresponding report thereon submitted to the Commission not later than thirty (30) days from the day of elections. Sec. 23. Security Measures to Safeguard the Secrecy and Sanctity of Ballots.- At all stages of the electoral process, the Commission shall ensure that the secrecy and integrity of the ballots are preserved. The Committees on Absentee Voting of the Commission shall be responsible for ensuring the secrecy and sanctity of the absentee voting process. In the interest of transparency, all necessary and practicable measures shall be adopted to allow representation of the candidates, accredited major political parties, accredited citizens’ arms and non-government organizations to assist, and intervene in appropriate cases, in all stages of the electoral exercise and to prevent any and all forms of fraud and correction. Sec. 24. Prohibited Acts. – In addition to the prohibited acts provided by
law, it shall be unlawful: 24.1 For any officer or employee of the Philippine government to influence or attempt to influence any person covered by this act to vote, or not to vote, for a particular candidate. Nothing in this Act shall be deemed to prohibit free discussion regarding politics or candidates for public office. 24.2 For any person to deprive any person of any right secured in this act or to give false information as to his/her name, address, or period of residence for the purposes of establishing his/her eligibility or ineligibility to register or vote under this act; or to conspire with another person for the purpose of encouraging the giving of false information in order to establish the eligibility or ineligibility of any individual to register or vote under this Act; or, to pay, or offer to pa, or to accept payment either fro application to vote in absentia or for voting. 24. 3 For any person to tamper with the ballot, the mail containing the ballots for overseas absentee voters, the election returns including the destruction, mutilation and manipulation thereof. 24.4 For any person to steal, destroy, conceal, mutilate or alter any record, document or paper as required for purposes of this Act. 24.5 For any deputized agent to refuse without justifiable ground, to serve or continue serving, or to comply with his/her sworn duties after acceptance of his/her appointments; 24.6 For any public officer or employee who shall cause the preparations, printing, distribution of information material, or post the same in website without the prior approval of the Commission. 24.7 For any public employee to cause the transfer, promotion, extension, recall of any member of the foreign service corps, including members of the attached agencies, or otherwise cause movement of any such member from his current post or position one (1) year before and three (3) months after the days of elections, without securing the prior approval of the Commission.
24.8 For any person who, after being deputized by the Commission to undertake activities in connection with the implementation of this Act, shall campaign for or assist, in whatsoever manner, candidates in the elections. For any person who is not citizen of the Philippines to participate by word or deed, directly or indirectly through qualified organizations/associations, in any manner and at any stage of the Philippine political process abroad, including participation in the campaign and elections. The Provision of existing laws to the contrary notwithstanding, and with due regard to the Principle of Double Criminality, the prohibited acts described in this section are electoral offenses and punishable in the Philippines. The penalties imposed under Section 264 of the Omnibus Election Code, as amended, shall be imposed on any person found guilty of committing any set of the prohibited acts as defined I this section. Provided, that the penalty or prision mayor in its minimum period shall be imposed upon any person found guilty of Section 24.3 hereof without the benefit of the operation of the Indeterminate Sentence Law. If the offender is a public officer or a candidate, the penalty shall be prision mayor in its minimum period. In addition, the offender shall be sentenced to suffer perpetual disqualification to hold public office and deprivation of the right to vote. Immigrants and permanent residents who do not resume residence in the Philippines as stipulated in their affidavit under Section 5 (d) within three (3) years after approval of his/her registration under this Act and yet vote in the next elections contrary to the said section, shall be penalized by imprisonment of not less than one (1) year, and shall be deemed disqualified as provided in Section 5 (c) of this Act. His/her passport shall be stamped “not allowed to vote”. IX COUNTING OF VOTES MANNER 1. The Board of Election Inspectors shall read the ballots publicly and shall not postpone the cou nt until it is completed. (Section 206, BP 881) 2. The Board of Election Inspectors shall assume such positions as to provide the watchers and the public unimpeded view of the ballot being
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.read. (Ferrer vs De Alban. COMELEC.191 SCRA 576) d) A ballot in which a sticker was stuck by another person to invalidate it . De Leon . and the excess ballots shall not be counted. (Protacto vs. Alonzo) SPECIAL PROBLEMS 1. the BEI may recount the ballots. If on account of violence or similar causes it becomes necessary to transfer the counting of the votes to a safer place. Where a commotion resulted in suspension of the counting. Castro. (Section 18. BP881) 3. Marked Ballot a) Marked ballots shall not be counted (Section 208. Excess Ballots If there are excess ballots. if accompanied by the name of the candidate does not annul the ballot except when it is used to identify the voter. the poll clerk shall draw out as many ballots equal to the excess without seeing them. (Section 25. BP881) 2. (Bacobo vs.206 SCRA 305). RA6646) 4. It shall be counted.(Bautista vs. actresses and national political figures. 9 SCRA 472) • The ballot contains irrelevant expression. If the BEI finds that a valid ballot was erroneously deposited in the compartment for spoiled ballots. However. Spoiled ballots Ballots in the compartment for spoiled ballots are presumed to be spoiled ballots. BP811) c) Evidence aliunde is not necessary to prove a ballot as marked. (Dayag vs. BP881) b) A ballot is considered marked in any of the following cases: • The voter signed the ballot. (Section 209. the use of nicknames and appellations of affection and friendship. (Section 211 (13). (Section 207. the BEI may effect the transfer by unanimous approval of the board and concurrence of a majority of the watchers present. RA 7166) 3.
5.206 SCRA 606) 8. When two or more words are written on different lines which are the surnames of two or more candidates with the same surname of an office for which the law authorizes the election of more than one. If only the first name of a candidate is written and it sounds like the surname of another candidate. When the word written is the first name of one candidate and the surname of another candidate. HRET. If the word written is the incidental name of two or more candidates for the same office none of whom is incumbent. if there is no other candidate with the same name. the vote shall be counted in favor of all the candidates. the vote shall be counted in favor of the incumbent.202 SCRA 808) 2. (Lerias vs. (Lerias vs. HRET. If the ballot contains the first name of one candidate and the surname of another.202 SCRA 808) RULES FOR APPRECIATION OF BALLOTS 1. 3. 6. 9. 7. 4. If there are two or more candidates with the same name and one of them is incumbent. the vote shall be counted in favor of the candidate who belongs to the same ticket as all other candidates voted for in the ballot for the same constituency. A ballot in which the first name or surname of a candidate is written should be counted for him. With the same surname.should not be rejected. the vote shall not be counted for either. the vote shall be counted for the latter. the vote shall be counted in favor of the latter. The erroneous initial of the first name accompanied by the correct surname of a candidate or the erroneous initial of the same accompanied by the correct first name of a candidate shall not annul the vote in his favor. An incorrectly written name which sounds like the correctly written name of a candidate shall be counted in his favor(Bautista vs Castro. .
section 149 of the REC. 13. as when there is a complete list of names of other offices written below his name or the voter wrote the office for which he was electing the candidate.shall not be counted in his favor. If the candidate voted for exceed the number of those to be elected. . (Afonso vs.132 SCRA 414) STRAY BALLOT Rule 14 of section 211 of the Omnibus Election Code considers three kinds of votes as stray: (1) a vote containing initials only. it should be counted if the intention to vote for him can be determined. the vote shall not be counted in favor of any of them. If two or more candidates were voted for in an office for which the law authorizes the election for only one. and ( 3) a vote which does not sufficiently identify the candidate for whom it is intended.10. HRET.340 SCRA 396) The rule is in favor of the validity of the ballot. (Cordero vs. the votes for the candidates whose names were firstly written equal to the number of candidates to be elected shall be counted. Where a candidate named Pedro Alfonso died on the eve of the election and his daughter Irma Alfonso substituted him.232 SCRA 777) 12. Even if the name of a candidate was written on the wrong space. (Villarosa vs..Moscardon. ballots in which the name Pedro alfonso was written cannot be counted in her favor. 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. 11. 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.(2) a vote which is illegible. 14. A ballot in which the correct first name but wrong surname of a candidate is written or the correct surname but wrong first name of a candidate is written . COMELEC.
Before the announcement of the results of the election in a precinct. the authorization of the COMELEC is needed to make any correction or alteration. BP 881) WHAT CONSTITUTE AN ELECTION . After the announcement of the results in a precinct. the COMELEC. the results of the election will not be affected. if it finds the petition meritorious and the integrity of the ballot box has not been violated (section 216. 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. any correction or alteration in the election returns must be initialed by all members of the BEI. the COMELEC shall order a recount of the votes. 347 SCRA 681) CORRECTION OF RETURNS 1. • If the petition is by all members of the BEI. upon being satisfied of the veracity of the petition. the vote is valid for the latter… incorrect spelling of a candidate’s name does not invalidate the ballot—for even the most literate person is bound to commit a mistake in spelling. shall order the correction. 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. (Ong vs.Under Section 211(19 ) of the OEC. and none of the candidate affected objects. 2. COMELEC. • If a candidate affected by the petition objects and the correction will affect the results of the election.
Municipal official 5. Provincial officials 4. Congressmen b. City and municipal officials 6. Congressman b. CANVASSING AND PROCLAMATION CANVASSING BODIES 1. Congress a. Barangay officials SUPERVISORY POWER OVER THE BOARD . X. Barangay Board of Canvassers a. Congressman b.Plurality of votes sufficient for choice Not necessary that a majority of voters should vote CERTIFICATE OF VOTES The BEI shall issue a certificate of the number of votes received by a candidate upon request of a watcher. District Board of Canvassers in each legislative district in Metro Manila a. Senators b. (Section 16. City and Municipal Board of Canvassers a. President b. COMELEC a. RA6646) The certificate of votes is admissible in evidence to prove anomaly in the election return when authenticated by testimony or documentary evidence of at least two members of the BEI. Provincial board of canvassers a. Regional Officials 3. vice president 2.
and cannot exercise the judicial power of deciding an election contest. The COMELEC has direct control and supervision over the board of canvassers except congress. 285 SCRA 493) NATURE OF DUTY OF BOARD OF CANVASSERS 1.The Comelec exercises judgment or discretion to determine whether any given return before it is genuine in connection with the canvass of votes.it has only the ministerial task of tallying the votes as reported in the election returns and declare the results. The correction of the manifest mistake in the mathematical addition calls for a mere clerical task on the part of the board. Ministerial. The remedy is purely administrative. COMELEC. COMELEC. It may motu proprio relieve at any time and substitute any member of the board of canvassers. Manner of delivery of election Return a. BP 881) • A municipal court has no jurisdiction to restrain the municipal board of canvasser.199 SCRA 199) 2. Watchers have the right to accompany the members of the BEI and the . PROCEDURE 1. Casar. The fact that an election return was not locked in the ballot box when it was delivered to the board of canvassers is not ground for excluding it in the absence of proof that it was tampered with (Pimentel vs. (Tatlonghari vs. The BEI shall personally deliver to the city or municipal board of canvassers the copy of the election returns intended for them sealed in an envelop.140 SCRA 126) b. Quasi-Judicial.234 SCRA 13) 2. c. The BEI shall personally deliver to the provincial and district board of canvassers the copy of the election returns intended for them to the election registrar. signed and thumbmarked by the members of the BEI. (section 227. (Librados vs.The COMELEC exercises direct supervision and control over the proceedings before the board of canvassers (Mastura vs. Comelec.
Problem areas a. COMELEC. a recount of the ballots should be made. (Garay vs COMELEC. • The certificate of votes signed by the BEI and tally board cannot be used for the canvass. 216 SCRA 866) • If all copies of the Election returns were lost. (Quilala vs. Every registered political party and candidate is entitled to one watcher in the canvassing center.election registrar during the delivery of the election returns to the board of canvassers. • If the votes omitted cannot be ascertained except by recounting the ballots. no dilatory action shall be allowed 3. Omission in the return • in case of an omission in the election return of the names of a candidate or his votes. a recount of the vote should be ordered instead of . but candidates for the local legislative bodies belonging to the same party are entitled collectively to one watcher. Since the omission of the election return on the number of votes certain candidates received is not a discrepancy. 262 SCRA 222) b. after ascertaining the integrity of the ballot has not been violated. It is not necessary that all the other copies shall be considered. Lost return • If any election return has been lost. the board of canvassers may use authentic copy of it or a certified copy of it issued by the COMELEC(Section 233. Any registered political party and candidate has the right to be present and to counsel a.188 SCRA 902) 2. (section 229. The fact that the watcher of a candidate was not present when the canvassing was resumed because he was notified is not a ground to annul the canvass. upon prior authority of the COMELEC. because only election returns are evidence of the results of the election. the COMELEC shall order the BEI to count the votes for the candidate whose votes were omitted and to complete the return. • If an election return is missing a recount should not be ordered if there is any authentic copy available(Ong vs. COMELEC. the board of canvassers shall require the BEI to complete it. only one counsel may argue for each party of candidate. BP 881) RIGHTS OF CANDIDATES 1.BP 881).
COMELEC. COMELEC.( Lucero vss. shall order the recount of the ballots.234 SCRA 280) d.265 SCRA 493) • Since an election return prepared without counting the ballots is a fabrication. (Patoray vs.224 SCRA631.shall order the BEI to recount the votes and prepare a new return. it should not be counted and a count of the ballot should be ordered.(Mastura vs. after ascertaining that the integrity of the ballot box has not been violated. COMELEC. it should be excluded from the canvassing and a recount of the ballots should be made or the certificate of votes cast in the precinct should be used. • If the certificate of canvass was tampered with.257 SCRA 1) a canvass cannot be reflective of the true vote of the electorate unless all returns are considered and none is omitted (Caruncho III vs. the COMELEC may order that any of the copies of the election returns be used in making a new canvass. COMELEC.249 SCRA 490) c. the board shall use the other copies of the election return. the COMELEC.excluding the election return in the canvassing.315 SCRA 693) 2. COMELEC.249 SCRA 440) PROCLAMATION 1. the COMELEC after ascertaining that the integrity of the ballot box has not been violated.Loong vs. COMELEC. An incomplete canvass of votes is illegal cannot be a basis of a valid proclamation (Samad vs. . If the questioned election returns will not affect the result of the election. If there is discrepancy between the tally and the written figures in the election return. COMELEC. (Patoray vs. Tampered or falsified return • If the election return submitted to the board of canvassers was tampered with or falsified or prepared under duress or by persons other than the BEI. Discrepancies in returns If there are discrepancies in the other authentic copies of the return or in the words or figures in the same return and it will affect the result of the election. • If the other copies of the election returns were also tampered with or falsified or prepared under duress or by persons other than the BEI.
320 SCRA 817) 5.311 SCRA 694) TIE 1. his office will be considered vacant.315 SCRA 693) 7. Brion. A tie among two or more candidates for president or vice president shall be broken by majority vote of both houses of congress voting separately (Section 4. 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. 3. (Loreto vs.347 SCRA 633) 4. ART VII. the winning candidate who is sought to be disqualified is entitled to be proclaimed as a matter of law. 6. (Bagatsing vs CCOMELEC. In the case of other positions. (section 12. COMELEC. The proclamation of a winning candidate cannot be annulled if he has not been notified of the motion to set aside his proclamation. BP 881) . The fact that the candidate who obtained the highest number of votes is later declared to be disqualified or nor eligible for the office to which he was elected does not necessarily entitle the candidate who obtained the second highest number of votes to be declared the winner of the elective office… To allow the defeated and repudiated to take over the mayoralty despite the rejection by the electorate is to disenfranchise the electorate without any fault of their part and to determine the importance and meaning of democracy and the people’s right to elect officials of their choice… Court a quo correctly held that the second placer lost the elections and was repudiated by either a majority or plurality of voters. COMELEC. PHIL CONT”N) 2. FAILURE TO ASSUME OFFICE If a candidate fails to take his oath of office within 6 months from his proclamation. (Sema vs. unless for a cause beyond the control of the elected official.a proclamation may be made upon the order to the COMELEC after notice and hearing. (Caruncho vs. Filing of pre-proclamation controversy under 2448 of BP881 is not the only grounds for the suspension of proclamation. The mere filing of a petition for disqualification is not a ground to suspend the proclamation of the winning candidate-in the absence of an order suspending proclamation. the ties shall be broken by the drawing of lots.
(CHU. except congress. coverage Pre-proclamation controversy refers to any question pertaining to or affecting the proceedings of the board of canvassers which may be raised by any candidate or by any registered political party or coalition of political parties before the board or directly with the Commission. 327 SCRA 406) B. JURISDICTION 1. Questions involving the legality of the composition or proceeding of the board of canvassers.The COMELEC as a general rule need not go beyond the face of the returns and investigate alleged election irregularities. RA 7166) C. or any matter raised under sections 233. COMELEC. RA 7166) 2. may be raised initially in the board of canvassers or the COMELEC. To require the COMELEC to examine the circumstances surrounding the preparation of the returns would run counter to the rule that a preproclamation controversy should be summarily decided. Definition.XI PRE-PROCLAMATION CASES A. receipt. transmission.(SEC 15 and 17.319 SCRA 482) In pre-proclamation controversy. The office of pre-proclamation controversy is limited to incomplete.235 and 236 in relation to the preparation.234. Questions involving the election returns and certificate of canvass should be brought in the first instance before the board of canvassers only (Section 17. (Chu vs. (Sebastian VS COMELEC.supra) A pre-proclamation controversy is limited to an examination of the election returns on their face. the board of canvassers and the COMELEC are not to look beyond or behind election returns which are on their face regular and authentic returns. SCOPE OF PRE-PROCLAMATION CONTROVERSY . the remedy is a regular election protest. custody and appreciation of the election returns. Where the resolution of the issues raised would require the COMELEC to “pierce the veil” of election returns that appear prima facie regular. falsified or materially defective returns which appear as such on the face.
While the first s entence of section 15 of RA 7166 prohibits candidates in the presidential. receipt. senators. the second sentence allows the filing of petitions for correction of manifest errors in the certificate of canvass or election returns even in elections for president. The returns were prepared under duress or are obviously manufactured or not authentic. by evidence dehors the record to be shown to have been committed. senatorial and congressional elections from filing pre-proclamation case. vice president.ISSUES 1. and is apparent from the papers to the eye appraiser and the collector. f. COMELEC. 3. or in the certificate of canvass… a manifest clerical error is one that is visible to the eye or obvious to the understanding.320 SCRA 836) 1. city and municipal officials d. senators and members of the House of Representatives for the simple reason that the correction of manifest error will not prolong the process of canvassing nor delay the proclamation of the winner in the election. appear to be tampered with or falsified or contain discrepancies in the same returns or in other authentic copies. the result of which materially affect the standing of the aggrieved candidate. Vice presidential. (Trinidad vs. vice-president. President. congressmen and barangay officials No pre-proclamation case is allowed regarding the preparation. transmission. and does not include an error which may. in the entries of the statement of votes by precinct/per municipality. The returns are incomplete. COMELEC. Substitute or fraudulent returns were canvassed. (Sandoval vs. custody and appreciation of the election return or certificate of canvass. Provincial.211 SCRA 315) ERRORS IN THE CERTIFICATE OF CANVASS Correction of manifest errors has reference to errors in the election returns. The composition of the proceeding of the board of canvassers is illegal e. contain material defects.(Chaves vs COMELEC. g.323 SCRA 403) .
2. i. iii.(Lagumbay vs. since election returns are what are supposed to be the basis of the canvass.(Doruelo vs. (Sec 15. Returns from non-existent precincts were included in the canvass The statement of votes cannot be corrected on the basis of a certification given to a watcher. Where the votes cast in 50 precincts for the candidates for senators of one party equalled the number of registered voters. COMELEC . 16 SCRA 175) ii. RA7166) i. A copy of an election return or certificate of canvass was tabulated more than once. The mere fact that a candidate receive overwhelming majorities over another candidate in numerous precinct does not make the election return statistically improbable. Two or more copies of the same election return or certificate of canvass were tabulated separately. (Ramirez vs. (Ilarde vs. The mere fact that the percentage of turnout of voters was high and that a candidate received high percentage of the votes does not make the election returns statistically improbable. Where only one candidate of a party got all the votes in some precincts and his opponent got zero. Errors in addition in the certificate of canvass may be corrected. (Ong vs COMELEC. the election returns are not statistically improbable. the other candidates for the other party for other positions received votes. and all the candidates for senators of the opposing party got no votes. COMELEC. The canvassing body may motu proprio or upon petition of an interested party correct manifest errors in the certificate of canvass or election return. (Sangki vs COMELEC.270 SCRA 390) STATISTICAL IMPROBABILITIES An election return which is statistically improbable is obviously fabricated and should not be counted. 31 SCRA71) iv. Climaco. all the candidates for senators of that party received the same number of votes. the election returns are statistically improbable and are obviously fabricated.133 . 21 SCRA 1391)sss iii. the number of votes cast were less than the number of registered voters.221 SCRA 75) iv. ii. There was a mistake in copying the figures into the statement of votes or certificate of canvass.
Issues involving the casting or the counting of the ballots are not proper in pre. the claim that some ballots were spurious. the bare fact that a candidate for public office had receive zero votes in one or two precincts can not adequately support a finding that the subject election returns are statistically improbable. a) The use of illegal election propaganda.184 SCRA 433) e) The claim that the voters were allowed to vote without verifying their identities. vote-buying and terrorism of the voters are not proper issues in a pre-proclamation case. marked or invalid cannot be raised in a pre.proclamation cases. Standing alone without more.325SCRA 636) v.proclamation case.(Velayo vs. and third persons falsely voted for voters who did not vote are not proper issues in a pre-proclamation case . 99 SCRA 5892) b) Questions on the appreciation of the ballots can not be raised in preproclamation case. innocent voters become disenfranchised…The doctrine of statistical improbability involves a question of fact and more prudential approach prohibits its determination ex parte. The bare fact that candidate for public office had received zero vote is not enough to make returns statistically improbable (Ocampo vs. COMELEC.159 SCRA 623) d) Vote buying and secrecy in the preparation of ballots are not proper grounds for pre-proclamation case (Salazar vs.(Chavez vs. COMELEC.274 SCRA 470) c) Terrorism of voters. (Pataray vs. that there were discrepancies between the signatures in the voter\s affidavits and the voting record. deprivation of the right to vote of registered voters and vote buying cannot be raised in a preproclamation case (Allarde vs. (Alfonso vs. COMELEC. 232 SCRA 777)Thus.COMELEC.327 SCRA713) ISSUES NOT RESOLVABLE IN PRE-PROCLAMATION CONTROVERSY 1. 211 SCRA 315) Likewise.COKELRC. COMELEC.SCRA 376) v. (Villegas vs. the claim that a candidate was not credited with votes cast for him because his name was similar to that of another disqualified candidate cannot be raised in a pre-proclamation case. voting by flying voters. the utmost care being taken lest in penalizing the fraudulent and corrupt practices. COMELEC. COMELEC.the doctrine of statistical improbability must be viewed restrictively.
(Salih vs. COMELEC. Summary proceedings cannot be stretched to mean ex parte .279 SCRA 19) i) To look beyond or behind election returns is not a proper issue in preproclamation controversy (Ocampo vs. COMELLEC. COOOMELEC. 325 SCRA 636) j) The fact that the counting of the votes was not completed because of the explosion of grenade and that no election was held cannot be raised in a pre-proclamation case. since this is properly cognizable in an election protest.260 SCRA 294) g) The padding of the list of voters cannot be raised in a pre-proclamation case.185 SCRA 86) f) Technical examination of the signatures and thumbprints of the voters to prove substitute voting is not allowed in a pre-proclamation case. (Ututahan vs. missing voter’s lists are mere administrative omissions and cannot be used as basis to annul an election return. (Matalam vs. (Baterina vs. COMELEC. COMELEC. HRET.(Dipatuan vs. COMELEC. a) The failure to close the entries in the election returns with the signature of the BEI. list of voters and voting records. Where the threats of the followers of a candidate did not affect the genuineness of an election return. absence of time and date of receipt of election return by the board of canvassers. COMELEC.189 SCRA 335) h) The fact that the voting was sham or minimal is not a ground for filing a pre-proclamation case. 246 SCRA 384) 3. as these are irregularities that do not appear on the face of the election returns. discrepancies between the member of detachable coupons and the number of ballots. COMELEC.170 SCRA 513) SUMMARY DISPOSITION OF PRE-PROCLAMATION CONTROVERSY 1. and the lack of authority of the person who received the election returns do not affect the authenticity of the returns. (Arroyo vs. since it does not involve the election return. lack of seals.271 SCRA 733) 2. Administrative lapses which do not affect the authenticity of an election return cannot serve as basis for annulling the election return. it should not be excluded (Salvacion vs.205 SCRA 1) b) The absence of the signature of the claimant of the BEI on the voter’s affidavits. lack of signature of watchers of the petitioner. (Balindong vs. absence or excess of detachable coupons.
Rule 27 of COMELEC rules of procedure) However. 319 SCRA 482) A. (Duremdes vs.summary simply means with dispatch. (Chu vs. as error was discovered only after the petitioner got a copy of the statement of votes.RA 7166) a. RA 7166 explicitly provides that it is only on the basis of the official records that the COMELEC can decide the pre-proclamation controversy in a summary manner. COMELEC. (Velayo vs.(Guiao vs /comelec. Procedure in contested composition or proceeding of the Board of Canvassers The illegality of the composition of the board of canvassers cannot be questioned after the proclamation of the winner.(Section 19 RA 7166) B. Objections to an election return shall be submitted orally to the chairman of the board of canvassers at the time the return is presented for inclusion in the canvass and shall be entered in the form for written objection(Sec 20 (a) and (c). signifying that the power may be exercised without trial in the ordinary manner prescribed by law for regular judicial proceedings.372 SCRA 713) 2.137 SCRA 356.178 SCRA 746). By the COMELEC.327 SCRA 713) 3. COMELEC. An objection made after the canvass is late.Navarro vs COMELEC. (Laodenio vs. It must be filed not later than 5 days after the proclamation.Comelec. although no objection was made during the canvass.(Velayo vs.(Section 5(b).228 SCRA 596) b. with the least possible delay. the five-day deadline is not applicable to a petition for the annulment of proclamation of a candidate when it was his opponent who obtained the majority for what was corrected was not the entries but the .276 SCRA 705) The ruling of the board of canvassers on question affecting its composition or proceeding may be appealed to the COMELEC in 3 days. COMELEC. a petition for correction of the statement of votes may be filed after the proclamation of the winner. COMELEC. All pre-proclamation controversies on election returns or certificates of canvass shall be disposed of summarily-first by the record of canvassers and then. Procedure in case of contested returns 1.proceeding. since it must be raised immediately.
COMELEC.229 SCRA 666) Under the COMELEC Rules of procedure.242 SCRA273) A petition for correction of manifest errors in the statement of votes can be decided by the COMELEC en banc at the first instance.RA 7166) 6.250 SCRA 298) 2.234 SCRA 1) b. which suspended the proclamation because of a possible discrepancy in the election return.RA 7166) 3. to make a proclamation. The canvass of any contested return shall be deferred and the board of canvasser shall proceed to canvass the uncontested return (Section 20(b).RA 7166) a. (section 20(f). Appellate jurisdiction The RTC has NO jurisdiction to review the decision of the municipal board of canvassers to correct a certificate of canvass.(Section 20c.computation of the votes. a petition for correction of the certificate of canvass may be filed even before the proclamation of the winner. Period of appeal Since the proclamation of a candidate who finished second made after the . COMELEC.(Cabanero vs CA) The RTC has no jurisdiction to compel the municipal board of canvassers. Within 24 hours he must file a written and verified notice of appeal with the board of canvassers and take his appeal to the COMELEC within 5 days. (Mentang vs. (In re COMELEC Resolution no. the objecting party shall submit evidence in support of the objections. COMELEC. RA 7166) 5. a party may file a written opposition and attach the supporting evidence. Within 24 hours.2521. Within 24 hours after presentation of the objection. 4. since it does not involve an election protest or a pre-proclamation case (Ramirez vs. The board of canvassers shall summarily rule in the contested returns (Section 20(d). (Castromayor vs.270 SCRA 590) The COMELEC has the power to order the correction of the statement of votes to make it conform to the election returns. (Bince vs. A party who intends to appeal should immediately inform the board of canvassers. Comelec.
225 SCRA 374) 7.282 SCRA 241 And Barroso vs Ampig. (Penaflorida vs.QUO WARRANTO 1.271 SCRA 733) EFFECT OF FILING AN ELECTION PROTEST. (Sections 18 and 20(f). (Mentang vs. COMELEC 271 SCRA 733). The same holds true if the returns were manufactured.(Sardea vs. It does not apply if the proclamation is void. COMELLEC. (Maruhom .328 SCRA 530) The pre-proclamation case should no longer be decided if exclusion of the questioned election return will not change the result of the election. COMELEC. The COMELEC shall decide the appeal within 7 days from receipt of the records.235 SCRAS 436) The COMELEC cannot by regulation shorten the period to question its decision before the SC for under the Constitution the period of 30 days can be shortened by law only. COMELEC. CCOMELLEC. COMELEC. As a general rule. (Benito vs. and the rulings of the board of canvassers shall be deemed affirmed. or amounts to the abandonment of one earlier filed. (Matalam vss. However this rule presupposes the proclamation is valid. because it was based on incomplete returns. (Matalam vs. and the decision shall be executory after 7 days from receipt by the losing party. without prejudice to the filing of an election protest by the aggrieved party. the filing of an election protest or a petition for quo warranto precludes the subsequent filing of a pre-proclamation controversy. the pre-proclamation case is no longer viable and should be dismissed (Sardea vs. a late appeal should be allowed. The same hols true where the computation of votes was erroneous. COMELEC). COMELEC. (Agbayani vs. RA 7166) TERMINATION OF PRE-PROCLAMATION CASE Once a proclamation has been made.186 SCRA 464).229 SCRA 669) All pre-proclamation cases pending before the COMELEC shall be terminated at the beginning of the term of the office (noon of June 30) involved.candidate who got the highest number of votes was killed is patently void.
The board of canvassers was improperly constituted. COMELEC. The wreath of victory cannot be transferred from the disqualified winner to the repudiated loser because the law then as now only authorizes a . The filing of an election protest results in abandonment of a preproclamation case even if the protest alleged it was filed as a precautionary measure. Proclamation may be made if the contested returns will not adversely affect the results of the elections. (Saman vs. A candidate for mayor who finished second cannot be proclaimed simply because the candidate who received the highest number of votes died. The protest was filed as a precautionary measure (Mitmug vs.230 SCRA 54) ii. (Section 16. COMELEC.331 SCRA 473) 2. as when the Municipal Treasurer took over the canvassing without having been designated. The Board of Canvassers shall not make any proclamation without any authorization from the COMELEC (Jamil vs COMELEC.(Laodenio vs.283 SCRA 349) 2.vs. RA 7166) PROCLAMATION 1. COMELEC. RA 7166) 4. COMELEC. 23335 SCRA 436) 5. the COMELEC or the SC may order the case to continue. COMELEC. (Section 21. The COMELEC may order the proclamation of other winning candidates whose election will not be affected by the pre-proclamation case. (Benito vs. if he did not explain why. (Section 20 (i). RA 7166) 3. The rule that the filing of a protest implies abandonment of the preproclamation case does not apply if: i.276 SCRA 405) 3. since he was not the choice of the people.224 SCRA 631) CONTINUANCE OF THE CASE If the petition appears meritorious on the basis of the evidence presented so far.
(Torres vs. (Velayo vs. (Lonzanida vs.declaration of election in favor of the person who has obtained a plurality of votes to be declared elected. COMELEC. COMELEC. on the basis thereof. (Sunga vs. in the election returns and. A proclamation subsequently declared void is no proclamation at all and while a proclaimed candidate may assume office on the strength of the proclamation of the Board of Canvassers he is only a presumptive winner who assumes office subject to the final outcome of the election protest.288 SCRA 76) ANNULMENT OF PROCLAMATION 1. COMELEC. proclaim the winning candidate or candidates as members of the Sangguniang Bayan( Angelia vs. without prior notice and hearing. COMELEC. COMELEC.270 SCRA 583) 2. 311 SRA 602) ELECTION CONTESTS A. It is improper for the COMELEC to annul the proclamation of a winning candidate on the basis of new and additional evidence which were not presented before the Board of Canvasssers and which were not furnished to the said candidate… Reliance should not be placed on mere affidavits for the purpose of annulling a winning candidate’s proclamation. annulled the proclamation of a winning party and directed the Municipal Board of Canvassers to reconvene and effect corrections in the total number of votes received by the candidates and thereafter proclaim the winner. The COMELEC can annul a proclamation because of an error in the computation of the votes in the statement of votes since the proclamation is void. to effect the necessary correction. Jurisdiction 1) Supreme Court (Presidential Electoral Tribunal) . section 7 of the COMELEC Rules of Procedure. if any. 327 SCRA 713) 4. Where the COMELEC. after notice and hearing in accordance with rule 27.332 SCRA 757) 3. the expedient action to take is to direct the Municipal Board of Canvassers to reconvene and.
Sec 252 BP 881. Sec 249 BP 881) 5) Regional Trial Court • Municipal Officials ( Sec 2(2). Daza. • President • Vice-President ( Sec. Sec 251. On ground of fraud. Const) 2) Senate Electoral tribunal • Senators (Sec 17. terrorism. Art IX-C. Action which may be filed i. ii. PC) 3) House of Representatives Electoral Tribunal • Congressmen ( Sec 17. Papandayan vs. 213 SCRA 807) 4) Commission on Elections • Regional Officials • Provincial Officials • City Officials ( Sec 2(2). Regatcho vs. PC. Cleto. Art IX-C. PC. irregularities or illegal acts committed before. Filed by any registered voter in the constituency ii. 126 SCRA 342] • Sangguniang Kabataan ( Sec 1. ii. Phil. On grounds of ineligibility or disloyalty to the Republic of the Philippines . Sampayan vs. Art VI. BP 881. Art VI. Municipal Circuit Trial Court. RA 7166) B. Art IX-C. 4. 230 SCRA 469) 6) Metropolitan Trial Court. COMELEC .1. Election Protest Requisites: i. PC. Art VII. Must be filed by any candidate who has filed a certificate of candidacy and has been voted upon for the same office. during or after the casting and counting of votes iii. Within 10 days from the proclamation of the results of the election. and Municipal Trial Court • Barangay Officials [ Sec 2(2). PC. Quo Warranto Requisites: i.
Exceptions i. BP 881) vii.10 days ( Sec 1. If the dismissal was elevated to the Supreme Court . Republic vs. Rules of Presidential Electoral Tribunal) ii. RA 7808) b. because review by the Supreme Court is part of the proceeding. 187 SCRA 463) iii.30 days ( Rule 14. Gatchalian vs CA . BP 881) vi. President and Vice-President 1) Protest.1998 Rules of House of Representatives Electoral Tribunal) iv. 283 SCRA 505) v. SCRA 208) ii. BP 881. Where the evidence of the lack of Filipino citizenship of a provincial . (Sec 248. The period to file an election protest is suspended by the filing of the petition to annul the proclamation of the winner (Manahan vs Bernardo.(Gallardo vs Rimando. ( Roquero vs COMELEC . the period does not run until receipt of the dismissal by the Supreme Court. Municipal Officials. only the balance of the period is in case of dismissal. Rules of Presidential Electoral Tribunal) 2) Quo Warranto. Within 10 days from the proclamation of the results of the election C Procedure 1. Senators 1) Protest – 15 days ( Rule 14. The period to file an election protest or quo warranto case is suspended from the filing of a pre-proclamation case until receipt of the order dismissing the case.10 days ( Rule 16 and 17. provincial and city officials-10 days ( Sec 250 and 253. 289 SCRA 150) vi. Period of filing contest a. Sangguniang Kabataan.10 days ( Secs 251 and 253. Barangay Officials – 10 days ( Sec 252 and 253. ( Roquero vs COMELEC . Revised Rules of Senate Electoral Tribunal) 2) Quo Warranto – 10 days ( Rule 15. Congressmen. Dela Rosa. The running of the reglementary period to file an election protest is tolled by a party’s elevation to the Supreme Court of a COMELEC decision resolution of proclamation case. Periods i. BP 881. Regional.iii. Since the filing of a pre-proclamation case merely suspends the running of the period to file an election protest. 289 SCRA 120) iv. Revised Rules of Senate Electoral Tribunal) iii.10 days ( Rule 15. 232 SCRA 78) v.
Protest.Any voter ( Rule 17. Quo Warranto.any candidate ( Sec 250. provincial. BP 881) ii. 174 SCRA 245) 2.( Sec 252. Protest. 1998 Rules of House of Representatives Electoral Tribunal) Regional.any voter ( Rule 15. Quo Warranto.any candidate. the quo warranto case should be allowed even if it filed more than 10 days after his proclamation. Rules of Presidential Electoral Tribunal) ii. protest.Candidate with second or third highest number of votes ( Rule 14. 1998 Rules of Senate Electoral Tribunal) Congressmen i. Revised Rules of Senate Electoral Tribunal) ii.any candidate ii. BP 881) Municipal Officials i. Protest. BP 881) Barangay Officials i. Protestant or Petitioner President and Vice-President i.any voter ( Sec 253. Quo Warranto.any candidate.any candidate ( Rule 14. BP 881) ii. Quo Warranto. BP 881) ii. Protest. Protest.any voter ( Sec 253. Quo Warranto.any voter ( Rule 15. Quo Warranto. ( Frivaldo vs COMELEC .any voter ( Sec 253.official was discovered only 18 months after his proclamation.( Sec 251 . Bp 881) . Rules of Presidential Electoral Tribunal) Senator i. City Officials i.
(Miro vs COMELEC. it can be determined from the records of the case that it was filed on time.Payment of Docket Fee When the protestant included a claim for attorney’s fees in his protest and paid the docket fee for his claim for attorney’s fees but did not pay the basic docket fee for the election protest . the election protest should be dismissed. ( Gatchalian vs CA. 55 Phil 929) • The protestant finished second in the election ( Ali vs CFI of Lanao. • The protestant received a certain number of votes ( Anis vs Contreras. ( Macias vs COMELEC. 100 SCRA 702) • The protestant was a candidate for governor and was voted for. Thus the following allegations sufficiently comply with the first requirement. (Pena vs HRET . the protest should not be dismissed. 80 Phil 506) • The protestant was a candidate voted for in the election with a valid certificate of candidacy for mayor ( Pamania vs Pilapil. 270 SCRA 340) • Substantial compliance is sufficient . 182 SCRA 137) • Even if the protest did not allege the date of the proclamation. 121 SCRA 466) • An election protest which does not specify the precinct where the alleged irregularities occurred is fatally defective . 94 Phil 266) • The protestant was the official candidate of a [particular political party and received a certain number of votes ( Maquinay vs Bleza. as when the protest was filed on the tenth from the date the casting of votes was held. 245 SCRA 208) Allegations in Protest • An election protest should contain the following jurisdictional allegations: • The protestant is a candidate who duly filed a certificate of candidacy and was voted for in the election • The protestee has been proclaimed elected • The date of proclamation ( Miro vs COMELEC. 81 Phil 212) • The protestant was one of the registered candidates voted for and he received a certain number of votes ( Jalandoni vs Sarcon. 121 SCRA 466) Verification/Certificate of Absence of Forum Shopping .
81 Phil 20) Composition of Board of Canvassers • The illegality of the composition of the board of canvassers cannot be raised in a quo warranto case. however not jurisdictional. they should be ordered separated. ( Luisaon vs Garcia . However. ( Barroso vs Ampig Jr. May 10.. ( Tumarong.When the petioner failed to state in his verification that the contents of the election protest are true and correct of his own personal knowledge . ( Domingo vs COMELEC. The filing of a certification of absence of forum shopping after the filing of the protest but within the period for filing a protest is substantial compliance. An election contest. GR No L-10916. as only the ineligibility or disloyalty of the winner can be raised in such case ( Samad vs COMELEC. 04-94 does not distinguish ( Loyola vs CA 245 SCRA 477. 269 SCRA 624) • SC Adm. It is. Tamarong vs Lubguban. 339 SCRA 685) • Forum Shopping exists when the petitioner files multiple petitions or complaints involving the same issues in two or more tribunal or agencies. 224 SCRA 631) Change Theory . is clothed with public interest--. If they were joined in an action . unlike an ordinary civil action . ( Pacal vs Ramos. said petition lacks proper verification and should be treated an unsigned pleading and must be dismissed. 1957). ( Soller vs COMELEC. 328 SCRA 530) Joinder of Election Protest and Quo Warranto Cases • An election protest and quo warranto case cannot be filed jointly in the same proceeding. they can be filed separately.it involves not only the adjudication of private and pecuniary interest of rival candidates but paramount to their claims is the deep public concern involved and the need of dispelling the uncertainty over the real choice of the electorate. supra) • The strict application of the non-forum shopping rule in election contests would not work to the best interest of the parties and the electorate . 313 SCRA 311) • The requirement that every initial pleading should contain certification of absence of forum shopping applies to election cases for Circular No. Circular No 04-94 requiring a certification of non-forum shopping is applicable to election cases as it is mandatory .
231 SCRA 57) Injunction A protestee cannot be enjoined from assuming office because of the pendency of an election protest. he has the right to assume office. ( Arroyo vs HRET. 227 SCRA 311) Answer An answer file out of time cannot be admitted ( Kho vs COMELEC 279 SCRA 463) Where the answer of the protestee was filed out of time and a general denial was entered in favor of the protestee. 160 SCRA 759) Substitution . Until the case is decided against him. the rule in civil cases that general denials operates as an admission is not applicable ( Loyola vs HRET. ( Aruelo vs CA. 224 SCRA 384) Preliminary Motions A motion to dismiss and a motion for a bill of particulars may be filed in an election protest pending before the regular courts. 282 SCRA 53) Cash Deposit A protestee who filed a counterclaim for attorney’s fees cannot be required to file a cash deposit since a cash deposit is required only for a counterprotest ( Roa vs Inting. 229 SCRA 90) A counter protest cannot be allowed if the answer was filed out of time ( Lim vs COMELEC. since the COMELEC Rules of Procedure are not applicable to the regular courts because of the exclusive rule-making power of the Supreme Court. ( Careno vs Dictado.• Substantial Amendments to the election protest cannot be made after the expiration of the period for filing an election protest.
the protest should continue . January 7. Summary Judgment An election protest cannot be decided summarly. GR No 13206.a. If the protestee died. ( Abeja vs Tanada. If it is the protestant who died. Even if the protestee has resigned . such as the vice-mayor. 1918) b. Abandonment A defeated candidate for president who filed an election protest and ran for senator should be deemed to have abandoned the protest (Santiago vs Ramos. as summary judgment applies only to ordinary civil action for recovery of money (199 SCRA 449) 16. as a favorable judgement will be entitled the protestant to assume the office ( Delos Angeles vs Rodriguez. 199 SCRA 561) He cannot be substituted by his heirs. he should be substituted by the public official who would have succeeded him. The ballot boxes should be opened without requiring proof of irregularities. ( De Castro vs COMELEC 267 SCRA 806) 14. 260 SCRA 503) 17. 253 SCRA 559) 15. since public office cannot be inherited. Deferment of Counter Protest A protestee cannot ask that before making the revision of the ballots involved in his counter-protest. and misappreciation of ballots ( Manahan vs Bernardo. he should be substituted by his successor such as the vice-mayor ( Dela Victoria vs COMELEC. the court first determine that the protestant would win on the basis of the revisions of the ballots involved in the protest (Abeja vs Tanada. 236 SCRA 60) . 236 SCRA 60) c. Opening of Ballots When an election protest is filed. 46 Phil 599) The same holds true if the protestee accepted another position ( Calvo vs Maramba. 283 SCRA 505) The revision of ballots in an election protest filed with COMELEC should be held in Manila ( Cabagnot vs COMELEC.
293 SCRA 578) 19. Certiorari Under Sec 50 of BP 697. the protestee is deemed to have the right to present evidence ( Enojas vs COMELEC. If the winner is ineligible.18. 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. the COMELEC cannot affirm the decision of the merits in the election protest. 243 SCRA 690. 246 SCRA 384) Ballots cannot be excluded on the ground that they were written by any person or were marked on the basis of mere photo-copies. authentic election return cannot be annulled because the ballots were lost or destroyed (Arroyo vs HRET 246 SCRA 384) b. Demurrer A motion to dismiss for insufficiency of the evidence of the protestant has rested is a demurrer to the evidence. the COMELEC has jurisdiction over petitions for certiorari. If it was granted but reversed on appeal . Evidence The genuineness of the handwriting in the ballots can be determined without calling handwriting experts. ( Acosta vs COMELEC. as they are not the best evidence ( Nazareno vs COMELEC 279 SCRA 89) 20. prohibition and mandamus involving election cases pending before the courts whose decisions are appealabe to it ( Relampagos vs CUmba.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. 283 SCRA 229) 21. the candidate who got the highest number of votes cannot be proclaimed elected as he did not get the majority or . ( Erni vs COMELEC. Decision a.
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. unlike the Election Code of 1971…. The mere fact that the decision in favor of the protestant was reversed on appeal is not sufficient basis for the ruling that the protestant should be awarded attorney’s fees because the protest was filed for harassment (Malaluan vs COMELEC 254 SCRA 397) e. Actual damages may be awarded in accordance with the law (Sec 259. The rationale why execution pending appeal is allowed in election cases is to give much recognition to the worth of a trial judge’s decision as that which is initially ascribed by the law to the proclamation by the board of canvassers. The Supreme Court has explicitly recognized and given approval to execution of judgment pending appeal in election cases filed under existing laws. Public interest involved or will of the electorate ii. The failure of the extant election laws to reproduce Sec 218 of the Election Code of 1971 does not mean that the execution of judgment pending appeal is no longer available in election cases…. 288 SCRA 76) c. 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. Governed by Sec 2. as amended . Rule 39 of the 1997 Rules of Civil procedure.plurality of the votes (Sunga vs COMELEC. The shortness of the remaining portion of the term of the contested office . Execution pending appeal should be based upon good reasons and a combination of two or more of them will suffice to grant execution pending appeal: i. the 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. par 1 of BP 881. Under Sec 264.
President.10 days ( Rule 65.10 days ( Rule 64. One motion for reconsideration is allowed in the contest involving the following: i. Congressmen. Barangay Officials ( Sec 19. Rule 38 COMELEC Rules of Procedure) iii. (Pangilinan vs De Ocampo.10 days ii. since the pre-trial is not applicable to the election protest. Provincial and City Officials – 5 days ( Sec 2. (Camlian vs COMELEC 271 . Rule 19 COMELEC Rules of Procedure) b. BP 881.iii. Senator. Rules of Presidential Electoral Tribunal) iii. No motion for reconsideration is allowed in election contests involving the following: i. 232 SCRA ) ii. Rules of Senate Electoral Tribunal) iv. . Filing of bond as a condition for the issuance of a corresponding writ of execution to answer for the payment of damages which the aggrieved party may suffer by reason of the execution pending appeal (Ramos vs COMELEC 286 SCRA 189) • Execution pending appeal cannot be ordered on the basis of gratuitous allegations that public interest is involved and that the appeal is dilatory. Vice-President. Municipal officials (Sec 256. Length of time that the election contest has been pending ( Ferno vs COMELEC 328 SCRA 52) iv. Rule 37 and Sec 12.10 days ( Rule 74. Motion for Reconsideration a. Regional. Veloria vs COMELEC. Rule 37 and Sec 12 Rule 38. 1998 Rules of HRET) v. 211 SCRA 907) However this rule should not be applied to the dismissal of an election protest for failure of the counsel of the protestant to appear at the pre-trial. Sangguniang Kabataan ( Sec 19. 271 SCRA 757) A motion for execution pending appeal filed after the expiration of the period of appeal can no longer be granted ( Relampagos vs Cumba 243 SCRA 690) 23.
Sec 3. Calucag vs COMELEC 274 SCRA 405) • Supreme Court within 30 days ( Flores vs COMELEC 184 SCRA 484) b. provincial. Phil Const. Rule 22 COMELEC Rules of Procedure. Rule 65 Rules of Court) ii. Congressmen.Supreme Court within 60 days ( Lerias vs HRET. and City officials – Supreme Court within 30 days ( Sec 7. Senator.within 30 days ( Rivera vs COMELEC 199 SCRA 178) v. Form Where the appellant filed an appeal brief instead of a notice of appeal to the COMELEC. Regional. Lindo vs COMELEC. A resolution of the COMELEC en banc is not subject to reconsideration.Art IX-C. Art IX-A Phil Const) iv.Supreme Court within 60 days ( Sec 4. Sec 4. therefore any party who disagrees with it is to file a petition for certiorariunder Rule 65 of the Rules of Civil procedure – a motion for reconsideration of an en banc ruling.COMELEC Rules of Procedure) c. 194 SCRA 25) • Supreme Court . Jurisdiction i. or decision except in election offense cases is a prohibited pleading under the COMELEC Rules of Procedure. the appeal should not be dismissed. 322 SCRA 757) 24. Rule 65 Rules of Court) iii. Sec 3 Rule 22 of COMELEC Rules of Procedure. Review a. resolution. Barangay Officials • COMELEC within 5 days (Sec 2(2) . order. since the determination of the will of the people should not be thwarted of . a party who did not file for a motion for reconsideration of a decision of a division of the COMELEC cannot elevate the case to the Supreme Court (Reyes vs RTC of Oriental Mindoro. Since only decisions of the COMELEC en banc may be elevated to the Supreme Court . For a party to wait until the COMELEC en banc denies his motion for reconsideration would be to allow the reglementary period for filing a petition for certiorari with the SC to run and expire. Municipal Officials • COMELEC within 5 days ( Sec 22 RA 7166. 244 SCRA 41) d. (Angela vs COMELEC .
Jurisdiction to try the case The expanded jurisdiction of the Municipal Trail Court ( RA 7691) does not include criminal cases involving election offenses. An appeal may be dismissed if the full appellate docket fee was not paid . 245 SCRA 702) d. B. because by special provision of Sec 268 of BP 881 they fall within the jurisdiction of the Regional Trial Court (COMELEC vs Noynay 292 SCRA 354) Under Sec 268 of BP 881.technicalities (Pahilan vs Tabalba. 230 SCRA 205) c. 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. 244 SCRA 41) ii. An appeal may be dismissed for failure of the appellant to pay the appellate docket fee (Reyes vs RTC of Oriental Mindoro. 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.. regional trial courts have exclusive jurisdiction . Failure to Pay Appellate Docket Fee i. it usually entails a full-blown hearing and the quantum of proof required to secure a conviction beyond reasonable doubt. as payment of the full amount is indispensable for perfection of the appeal (Rodillas vs COMELEC. Scope of Authority Errors committed by the trial court may be considered even if they were not assigned as errors (Arao vs COMELEC 210 SCRA 290) XIII.
leaders or sympathizers of a candidate to promote his election shall create a presumption of conspiracy to bribe voters. Vote-buying a. The fact that at least one voter in at least 20% of the precincts in a municipality . RA 6646) d. city or province was offered money by the relatives. b.to try and decide any criminal action or proceeding for violation of the Code including those penalized by imprisonment not exceeding 6 years. 188 SCRA 830) 3. 158 SCRA 716) 4. c. 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. The fact that at least 20% of the precincts of the municipality. 285 SCRA 256) 2. Unauthorized Entry into Polling Place Mere presence of unauthorized person inside a polling place is an offense ( COMELEC vs Romillo. Appointment of New Employees The prohibition against appointment of a government employee within 45 days before regular election refers to positions covered by the civil service and does not apply to the replacement of a councilor who died ( Ong vd Martinez. but except those relating to the offense of failure to vote ( Juan vs People 322 SCRA 125) C. Transfers of Government Employees Since the Omnibus Election Code does not per se prohibit the transfer of government employees during the election period but only penalizes such . Offenses 1. Any person who is guilty and willingly testifies shall be exempt from prosecution ( Sec 28. 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.
Carrying Deadly Weapon in Precinct To support a conviction carrying a deadly weapon inside a precinct. upon a verified complaint. Failure to make Proclamation Proclaiming a losing candidate instead of the winner also constitutes failure to make a proclamation (Agujetas vs CA 261 SCRA 17) 7. Section 2(6). ( People vs Reyes. investigate and. prosecute cases of violations of election laws. the refusal. two act not one. increasing or decreasing of votes received by a candidate in any election. offenses. Prosecution 1. including acts or omissions constituting election frauds. 247 SCRA 328) Two elements of the offense prescribed under Sec 261 (h) of BP 881. or on its own initiative. and malpractices. Refusing to credit candidate with vote Under section 27(b) of RA 6646.289 SCRA 586) D. COMELEC. where appropriate.e. are penalized i.(Pimentel vs. it is necessary that the deadly weapon be seized from the accused while he was in precinct (Mappala vs Munoz 240 SCRA 600) 6.” . first. the transfer of government employees before the publication of the implementing regulations is not an election offense. the tampering. and (2) the transfer or detail was effected without prior approval of the COMELEC in accordance with its implementing rules and regulations (Regalado vs CA 325 SCRA 516) 5. as amended are: (1) a public officer or employee is transferred or detailed within the election period as fixed by the COMELEC. petitions in court for inclusion or exclusion of voters.transfers made without the prior approval of the COMELEC in accordance with the implementing regulations. after proper verification and hearing to credit the correct votes or deduct such tampered votes. and second.Art IX-C “File.
254 SCRA 286) 2. the complaint shall be referred to the COMELEC Law Department for investigation. Tanodbayan. This holds true even if the offense is committed by a public officer in relation to his office. RTC Manila Br 10. Rule 34 of the COMELEC Rules of Procedure. Whatever initiated motu propio or filed with the COMELEC by any other party. No requirement in section 5 that only the COMELEC en banc may refer a complaint to the Law Department for investigation nor is there a rule against the COMELEC Chairman directing the conduct of a preliminary investigation. the preliminary investigation may be delegated to any of those officials specified in the rule upon the direction of the COMELEC Chairman (Laurel vs. A provincial election supervisor authorized to conduct a preliminary investigation may file a case without need of approval of the provincial prosecutor. Vs. Lavilles. even if he himself were the complainant in his private capacity… Where the complaint was directly filed with the Law Department under Section 4 of Rule 32 of the COMELEC RULES of Procedure obviously there is no need to refer such complaint to the same Law Department… Under Section 5 of Rule 34 of the COMELEC Rules of Procedure. (Pp. the complainant cannot ask it to gather evidence in support of the complaint. (Kilosbayan Inc vs. Basilla..The COMELEC has exclusive jurisdiction to conduct preliminary investigation of and prosecute election offenses (Naldaza vs.187 SCRA 788) The COMELEC can deputize prosecutors to investigate and prosecute offenses even after election. Delgado. it is the COMELEC who will determine the existence of probable cause.(Corpuz vs. (Pp. Inting. (Pp. 149 SCRA 2281) 3. Vs. COMELEC. 323 SCRA 778) 4.280 SCRA 8920 The court in which a criminal case was filed may order the COMELEC to order a reinvestigation.179 SCRA 87) Since it is a preliminary investigation. 189 SCRA 715) . Presiding Judge. Vs. The COMELEC Chairman. in his personal capacity may file directly with the COMELEC Law Department pursuant to Section 4.
since the power to prosecute election offenses is vested in the COMELEC. Ssilva.286 SCRA 177) .A prosecutor who was deputized by the COMELEC cannot oppose the appeal filed by the COMELEC from the dismissal of a case. (COMELEC vs.
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