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Election - Laws Memory Aid
Election - Laws Memory Aid
ELECTION LAWS
Suffrage the right and obligation of qualified citizens to vote in the election of certain 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:
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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 removed except by impeachment. be
same is a pre-proclamation comtroversy. Section 5, Rule 27 of the 1993 Rules of the COMELEC expressly provides that preproclamation controversies involving correction of manifest errors in the tabulation of results may be filed directly with the COMELELEC cen banc. (Torres vs. COMELEC,270 SCRA 583; Ramirez vs. COMELEC,270 SCRA 590) The COMELEC en banc determines the existence of probable cause.(Faelnar vs. COMELEC,331 SCRA 429) DECISIONS ART IX-A, Section 7 Each commission(COMELEC) shall decide by a majority vote of all its Members any case or matter brought before it within sixty days from date of its submission for decision or resolution. A case or matter is deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the rules of the Commission or by the Commission itself. Unless otherwise provided by the Commission or by law; any decision, order, or ruling of each Commission may be brought to the Supreme Court on certiorari by the aggrieved party within 30 days from receipt of a copy thereof. The COMELEC shall decide by a majority vote of all its members in any case or matter brought before it within 60 days from date of its submission for decision or resolution. Two members shall constitute a quorum for the transaction of the official business of the Division. A case being heard by it shaa be decided with the unanimous concurrence ofc all three Commissioners and its decision shall be considered a decision of the commission. If this required number is not obtained, as when there is a dissenting opinion, the case may be appealed to the Commission en banc, in which case the vote of the majority shall be the decision of the Commisssion. The court holds that 2-1 decision rendered by the First Division was a valid decision under ART IX-A ,Section 7 of the Constitution. Furthermore, the three members who voted to affirm the First Division constituted a majority of the five members who deliberated and voted thereon en banc and their decision is also valid under the aforecited constitutional provisions. (Cua vs. COMELEC, 156 SCRA 587) 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,much more could he be the ponente of the resolution or decision. (Ambil vs. COMELEC, 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. Such rules,
The COMELEC has no jurisdiction over questions involving the right to vote which includes qualifications and disqualifications of voters, the right of a person to be registered as voter, the right to cast his vote, and other allied questions. Such questions shall be decided by the courts.( Naciionalista Party vs. COMELEC, 84 Phil 49) Election contests involving elections of SK officials do not fall within section 252 of the OEC and paragraph 2,section ART.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. SK elections are under the direct control and supervision of the DILG. (Ahman vs. Mirasol,276 SCRA 501) Decisions/determinations made by the COMELEC in the exercise of this power, being merely administrative(not quasi judicial) in character, may be questioned in an ordinary civil action before the trial courts.(Filipinas Engineering vs. Ferrer,135 SCRA 25) Deputize law enforcement agencies with the concurrence of the President Register political parties and accredit its citizens arms File petitions, 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. Since the COMELEC can recommend that disciplinary action be taken against an officer it had deputized, 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,237 SCRA 353) Regulation of public entities and mediaSection 4, IX-C The Commission may, during the election period, supervise or regulate the enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities, media of communication or information, all grants special privileges, or concessions granted by the Government or any subdivision, agency or instrumentality thereof, including any government-owned or controlled corporation or its subsidiary. Such supervision or regulation shall aim to ensure equal opportunity, time, and space and the right to reply, including reasonable equal rates therefor, for public information campaigns and forums among candidates in connection with the
The regular courts have no jurisdiction to entertain a petition to enjoin the construction of public works projects within 45 days before an election. (Gallardo vs. Tabamo,218 SCRA 253) Decide election contests involving regional, 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,is settled whether or not the contestant is claiming the office in dispute. It is neither a civilk action nor crimianal proceeding;it is a summary proceeding of a political character. Its purpose is to ascertain the candidate lawfully elected to office.(Javier vs. COMELEC,144 SCRA 194) The COMELEC has exclusive appellate jurisdiction over,inter alia, contest involving elective barangay officials decided by trial courts of limited jurisdiction.(Beso vs. abolla,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. (Flores vs. COMELEC,184 SCRA 484) The COMELEC is the proper appellate court clothed with jurisdiction to hear the appeal, 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. 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,MTCCs, and MeTCs. It is the proclamation which marks off the jurisdiction of the courts from the jurisdiction of election officials. (Marquez vs. COMELEC, 313 SCRA 103) The COMELEC has appellate jurisdiction over election protest cases involving elective municipal officials decided by courts of general jurisdiction. (Carlos vs. Angeles,346 SCRA 671) Decide all questions affecting elections
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. (Montejo vs. COMELEC,242 SCRA 415) Adjust the apportionment in a case of creation of new provinces or cities. 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. (Montejo,supra) Pardon violators of election laws. Promulgate rulwes of procedure concerning pleadings and practice before it or any of its offices. Submit report on how a previous elections was conducted. STATUTORY POWERS 1. Power to declare failure of election and call for special election. 2. Exclusive original jurisdiction over all preproclamation controversies. 3. Issue writs of certiorari, prohibition The COMELEC has the authority to issue extraordinary writs of certiorari,prohibition and mandamus in aid of its exclusive appellate jurisdiction. Both the SC and the COMELEC have concurrent jurisdiction to issue writs of certiorari,prohibition, and mandamus over decisions of trial courts of general jurisdiction in election cases involving elective municipal officials. The court takes jurisdiction first shall exercise exclusive jurisdiction over the case. (Carlos vs. Angeles,346 SCRA 571) 4. Summons parties to a controversy pending before it 5. Enforce and execute its decisions and orders 6. Punish contempts provided for in the Rules of Courts. The COMELEC has the power to cite for contempt, but this power may be exercised only while the COMELEC is engaged in the performance of quasi-judicial functions and not administrative functions.(Guevarra vs. COMELEC, 104 PHIL 269 and Masangcay vs. COMELEC, 6 SCRA 270) 7. Promulgate rules and regulations implementing the Election Code 8. Exercise direct and immediate supervision and control over officials required to perform duties relative to the conduct of election. 9. Prescribe forms to be used in the election 10. Procure any supplies, equjipment, materials or services needed for the holding of election
private party, as a result of its choice among various proposals submitted in response to its invitation to bid, 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. Any question arising from said order may be taken in an ordinary civil action. (Filipinas Engineering vs. COMELEC, 344 SCRA 358) The Supreme Court has no power to review via certiorari, an interlocutory order or even a final resolution of a Division of the COMELEC. (Ambil vs. COMELEC, 244 SCRA 358)
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. When the Supreme Court reviews a decision of the COMELEC, the court exercises extraordinary jurisdiction, 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. (Aratuc vs. COMELEC,88 SCRA 251) The mode by which a decision, 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, now expressly provided in Rule 64, 1997 Rules of Civil Procedure, as amended. (Ambil vs. COMELEC,344 SCRA358) A special civil action for certiorari is the proper remedy to question any final order, ruling and decision of the COMELEC rendered in the exercise of its adjudicatory or quasi-judicial powers.(Guerero vs. COMELEC,336 SCRA 458) What is contemplated by the term final orders, rulings and decisions of the COMELEC reviewqable 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 exercize of its adjudicatory (or quasi-judicial) powers. (Salva vs. Makalintal, 340 SRA 506) COMELEC Resolution No. 2987 which provides for the rules and regulations governing the conduct of plebiscite, is not issued pursuant to the COMELECs quasi-judicial functions but merely as an incident of its inherent administrative functions over the conduct of plebiscites, and any question pertaining to the validity of said resolution may be well taken in an ordinary civil action before the trial courts. (Salva ,supra) The alleged nature or the COMELEC to implement its resolution ordering the deletion of a candidates name in the list of qualified candidates does not call for the exercise of the SCs function of judicial review as it is undoubtedly administrative in nature, beyond judicial interference.(Chavez vs. COMELEC, 211 SCRA 315) A resolution of the COMELEC awarding a contract for the supply of voting booths to a
A decision, 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. (Ambil vs. COMEL, 358)
VOTERS: REGISTRATION
QUALIFICATION
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Qualification for Suffrage Filipino citizenship- it may be by birth or naturalization. Age- 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. Residence- at least 1 year in the Philippines, and at least 6 months where he proposes to vote immediately preceding the election. Any person who, on the days of registration may not have been reached the required period of residence but who, on the day of election shall possess such qualification, may register as voter.
No literacy, property or other substantive requirement shall be imposed on the exercise of suffrage. Any person who temporarily resides in another city municipality or country solely by reason of occupation, profession, employment in public or private service, educational activities, work in the military or naval reservations within the Philippines, service in the AFP, PNP or confinement or detention in government institutions, shall not deemed to have lost his original residence. (Sec. 9, RA 8189) In election cases, the Supreme Court treats domicile and residence and residence as synonymous terms. In order to acquire a new domicile by choice, there must concur (1) residence or bodily presence in the new locality; (2) an intention to remain there; and (3) an intention to abandon the old domicile. The residence at the place chosen for the new
Disqualifications 1. Any person sentenced by the final judgment to suffer imprisonment for not less than one year. 2. Any person adjudged by the final judgment of having commit (a) any crime involving disloyalty to the government or (b) any crime against national security (c) firearms laws. 3. Insane or incompetent persons declared by competent authority. Removal of disqualification for conviction Plenary pardon Amnesty Lapse of 5yaers after service of sentence (Sec.111, 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. No registration shall, however, be conducted during the period starting 120 days before a regular election and 90 days before a special election. (Sec. 8, 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..the law aids the vigilant and not those who slumber on their rights In a representative democracy the right of suffrage, although afforded a prime niche in the hierarchy of right embodied in the fundamental law., 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 absolutethe exercise of suffrage, as the enjoyment of all other rights subject to existing substantive and procedural requirement embodied in our Constitution, statute books and other repositories of law. (AKBAYAN Youth et al. vs. COMELEC GR No. 147066, March 26, 2001) Inclusion and Exclution Cases 1. Jurisdiction ii. Municipal or Metropolitan Trial Court original and exclusive Jurisdiction\ as
iii. Regional Trial Court appellate jurisdiction (5 days) (Sec. 33, RA 8189) iv. Supreme Court appellate jurisdiction over RTC on question of law (15 days) [Sec. 5(2)(e), Art. VIII, PC; Sec. 2, Rule 45 of the Rules of Court.] 2. Petitioners ii. Inclusion Private person whose application was disapprove by the Election Registration Board or whose name was stricken out from the list of waters (Sec. 34, RA 8189) COMELEC [Sec. 2(6), Art. IX-C, PC] iii. Exclusion i. Any registered voter in city or municipality ii. Representative of political party iii. Election Officer (Sec. 39, RA 8189) iv. COMELEC [Sec. 2(6), Art. IX C, PC] 3. Period for Filing ii. Inclusion Any day except 105 days before regular election or 75 days before a special election. (Sec. 24, RA 8189) iii. Exclusion Any time except 100 days before a regular election or 65 days before special election. (Sec. 35 RA 8189) 4. Procedure ii. iii. iv. Petition for exclusion shall be sworn (Sec. 35 , RA 8189) Each petition shall refer only to only one precinct. (Sec. 35, RA 8189) Notice i. Parties to be notified
5. Inclusion Election Registration Board i. ii Exclusion 6. Election Registration Board 7. Challenged voters [Sec. 32(b), RA 8189] 8. Manner 9. 1. Notice stating the place day and hour of hearing shall be served through any of the following means: 10. Registered mail ii. iii. iv. Personal delivery Leaving copy in possession of sufficient discretion in residence. Posting in city hall or municipal hall and two other conspicuous places in the city
in the presence of the voter, affix his signature at the back thereof. 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. IV. 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 government and includes its branches or divisions. A political party may refer to a local regional or national party existing and duly registered and accredited by the COMELEC. To acquire juridical personality, qualify for accreditation, and to be entitled to the rights of political parties, a political party must be registered with the COMELEC. The following political parties cannot be registered. 1. 2. Religious sects Those which seeks to achieve their goals through unlawful means 3. Those which refuse to adhere to the Constitution 4. Those that are supported by any foreign government GROUNDS FOR CANCELLATION OF REGISTRATION 1. Accepting financial contributions from foreign governments or their agencies (for partisan election purposes.) (Sec.2(5), Art IX C, PC) 2. It is a religious sect or denomination, organization or association organized for religious purposes. It advocates violence or unlawful means to seek its goal It is a foreign party or organization It violates or fails to comply with laws, rules and regulations relating to elections It declares untruthful statements in its petition It has ceased to exist for at least one year , and 8. Fails to participate in the last two preceding elections, 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. Party System. A free and open party system shall be allowed to evolve according to the free choice of the people. [Sec 2(5) Art. IX C, PC] The Party List System, is a mechanism of proportional representation in the election of representatives to the House of Representatives, from national, regional and sectoral parties, organizations and coalitions
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The annulment of the list of voters shall not constitute a ground for a pre-proclamation controversy. (Ututalum vs. COMELEC, 181 SCRA 335) When an assailed order had been issued pursuant to COMELECs administrative powers in the absence of any finding of grave abuse of discretion in declaring a precinct as non existent, said order shall stand, 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. (Sarangani vs. COMELEC, 334 SCRA 379) Election precinct is the basic unit of territory established by the COMELEC for the purpose of voting. A polling place refers to the building or place where the board of election inspectors conduct proceedings and where the voters cast their votes. Voting center refers to the building or place where the polling place is located. 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. Book of voters refers to the compilation of all registration records in a precinct. Signature of Chairman at back of every ballot In every case before delivering an official ballot to the voter, the Chairman of the BEI shall,
A party or an organization must not be disqualified under Sec. 6, RA 7941; The party organized must not be adjunct of, or a project organized or an entity funded or assisted by, the government; The party, including its nominees must comply with the qualification requirements of Sec. 9, RA 7941 as follows: No person shall be nominated as party list representative unless he is: a. natural born citizen of the Philippines b. a registered voter, c. a resident of the Philippines for a period not of no less than one year immediately preceding the day of the election; d. able to read and write; e. 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 f. At least 25 years of age on the day of the election. In case of a nominee of the youth sector, at least be 25 but not more than 30 years of age on the day of the election. 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.
The political party, sector, organization must represent the marginalized and underrepresented groups identified in Sec. 5 of RA 7941. majority of its membership should belong to the marginalized and underrepresented; Proportional representation refers to the representation of the marginalized and underrepresented as exemplified by the enumeration in Sec/ 5 of the law, namely; labor peasant, fisherfolk, urban poor, indigenous cultural communities, elderly,handicapped, women youth, veterans, overseas workers and professionals. The party list organization or party must factually and truly represent the marginalized and underrepresented constituencies mentioned in Sec. 5 .(ang bagong Bayani OFW Labor Party, etal vs. COMELEC etal. GR No. 147589. June 26, 2001)
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While even major political parties are expressly allowed by RA 7941 and the Constitution, 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, they must show that they represent the interest of the marginalized and underrepresented;
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Political parties, even the major ones, may participate in the party list elections, except for purposes of May 11, 1998 elections. The requisite character of these organizations must be consistent with the purpose of the party list system, as laid down in the Constitution and RA 7941 . . . Under the Constitution and RA 7941, provide respondents cannot be disqualified from the party list elections, merely on the ground that they are political parties. Sec. 5 Art. VI of the Constitution provides that members of the House of Representatives may be elected through a party list system of registered national, regional and sectoral parties or organizations. Furthermore, under Secs. 7 and 8, Art IX C of the Constitution, political parties may be registered under the party list system. (Ang Bagong Bayani OFW Labor Party, et al vs. COMELEC, et al. GR No. 147589, June 26, 2001) 3. That religious sector may not be represented in the party list system, except that priest, imam or pastors may be elected should they represent
Not only the candidate party or organization must represent marginalized and underrepresented sectors, so also must its nominees; While lacking a well defined political constituency, the nominee must likewise be able to contribute to the formation and enactment of appropriate legislation that will benefit the nation as a whole. The parameters of the Filipino Party List System are: (1) the twenty percent allocation, (2) the two percent threshold; (3) the three seat limit; and (4) proportional representation. The Constitution makes the number of district representatives the determinant in arriving at the number of seats allocated for party list lawmakers, a formulation which means that any increase in the number of district representatives, an as may be provided by law, will necessarily result in a corresponding increase in the number of party list seats . . . ..
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when IRM married Marcos in 1954, she kept her domicile or origin and merely gained a new home, not a domicilium necessarium; 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, her acts following her return to the country clearly indicate that she chose Tacloban, her domicile of origin, as her domicile of choice.
In Aquino vs. COMELEC, 248 SCRA 400, the Supreme Court held that Agapito Aquino failed to prove that he had established not just residence but domicile of choice in Makati. In his certificate of candidacy, he indicated that he was a resident of San Jose Concepcion, Tarlac for 52 years, he was a registered voter of the same district, his birth of certificate places Conception, Tarlac as birthplace. Thus, his domicile of origin was Conception, Tarlac, and his bare assertion of transfer of domicile from tarlac to Makati is hardly supported by the facts of the case. When the Constitution speaks of residence the word should be understood, consistent with Webster, to mean actual, physical and personal presence in the district that a candidate seeks to represent
QUALIFICATIONS OF CANDIDATES A. National Arts. VI and VII, PC 1. President and Vice President 2. Senators 3. Congressmen District and Party List Representatives B. Local Sec.39, Local Government Code Qualifications prescribed by law are continuing requirements and must be possessed for the duration of the officers active tenure. Once any of the required qualifications is lost, his title to the office may be seasonably challenged. (Frivaldo vs. COMELEC, 174 SCRA 245 and Labor vs. COMELEC, 176 SCRA 1) Residence In Marcos vs. COMELEC, 248 SCRA 300, 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. A minor follows the domicile of his parents; Tacloban became IRMs domicile of origin by operation of law when her father brought the family to Leyte; Domicile of origin is lost only when there is actual removal or change of domicile, a bonafide intention of abandoning the former residence and establishing a new one, and acts which correspond with the purpose; in the absence of clear and positive proof of the concurrence of all these, these domicile of origin should continue; The wife does not automatically gain the husbands domicile because the term residence in Civil Law does not mean the same thing in Political Law,
The original concept of domicile, which arose from American jurisprudence was not intended to govern political rights, it was designed to resolve the conflict of laws between or among state where a decedent may have lived for various reasons, for the purpose of determining which law was applicable as regards his estate . . .
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 . . . (Domino vs. COMELEC 310 SCRA 546) The place where the party actually or constructively has his permanent home, where he, no matter where he may found at any given time, eventually intends to return and remain, i.e., his domicile, is that to which the Constitution refers when it speaks of residence for the purposes of election law . . . 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. (Perez vs. COMELEC, 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 . . . The classification of an area as a highly urbanized or independent component city, for
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E. Conviction; unless granted plenary pardon, amnesty; or Lapse of 5 years after service of sentence (Sec. 12, BP 881) Grounds under the Local Government Code Sec. 40
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A. Those sentenced by final judgment for an offense involving moral turpitude or an offense punishable by imprisonment for at least one year, within two years after service of sentence. B. Those removed from office as a result of an administrative case. An elective local official who was removed from office prior to January 1, 1992 is not disqualified from running for elective local office (Grego vs. COMELEC, 274 SCRA 481) C. Those convicted by final judgment for violating his oath of allegiance to the Republic. D. Those with dual citizenship--The phrase dual citizenship in RA 7160, Sec. 40 (d) and RA 7854, Sec. 20 must be understood as referring to dual allegiance. Consequently, persons with mere dual citizenship do not fall under this disqualification. For candidates with dual citizenship, it should suffice if, upon the filing of their certificates of candidacy, 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. (Mercado vs. Manzano, 307 SCRA 630) E. Fugitives from justice in criminal or non political cases. F. The term includes not only those who flee after conviction to avoid punishment, but likewise who, after being changed, flee to avoid prosecution. (Marquez vs. COMELEC, 243 SCRA 538) G. Permanent residents in foreign country or those who have the right to reside abroad and continue to avail of it. (Caasi vs. CA, 191 SCRA 229) H. The insane or feeble minded. 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. Consequently, it is not enough that an individual has served three consecutive in an elective local office, he must also have been elected to the same position for the same number of times before the disqualification can apply: (Borja vs. COMELEC, GR No. 133495, September 3, 1998) Conditions for the application of the disqualification: (1) the official concerned has
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A person who files a certificate of candidacy for more than one office should be eligible for any of them. (Sec 73, BP 881) Before the deadline for filing certificates he may withdraw all expect one, declaring under oath the office for which he desires to be eligible and cancel the certificate of candidacy for other office or offices. (Go vs. COMELEC, GR No. 147741, May 10, 2001) Forms Oath The certificate must be sworn. (Sec. 73, BP 881) The election of a candidate cannot be annulled because of formal defects in his certificate, such as held of oath (Guzman vs. Board of Canvassers, 48 Phil 211) Name A candidate shall use his baptismal name or full name, the name registered with the civil registrar or any other name allowed by law. He may include one nickname or stage name by which he is generally known. When two or more candidates for the same office have the same name or surname, each shall state his paternal and maternal surnames, except the incumbent (See. 71, BP 881) Place and Period of Filling For President, Vice President and Senators: main office of the COMELEC in Manila, 5 copies, not later than 90 days before date of election. For Members Representatives: of the House of
Persons receiving compensation from provincial or municipal funds Contractors for public works of the municipality 2. 8295 Under the Lone candidate Law RA
Any elective official who has resigned from his office by accepting an appointive office to become vacant due to his resignation; and Any person who, directly or indirectly coerces, bribes, threatens, harasses, intimidates or actually causes, inflicts or produces any violence, injury, punishment, torture, damage, loss or disadvantages to any person or persons aspiring to become a candidate or that of the immediate member of his family, his honor or property that is meant to eliminate all other potential candidates. 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. Deadline Certificate of candidacy must be filed not later than the day before the date for the beginning of the campaign period. (Sec. 7, RA 7166) A certificate filed beyond the deadline is not valid. (Gador vs. COMELEC, 95 SCRA 431)
Provincial legislative districts Provincial Election Supervisor of the Province concerned NCR legislative districts COMELEC Directors Regional
Legislative districts in cities outside NCR City Election registrar concerned For provincial offices Provincial Election Supervisor of the province concerned. City and Municipal offices City or Municipal Election Registrar concerned. The certificates of candidacy of Members of the House of Representatives, Provincial, city or municipal officials shall
Since his certificate of candidacy for the office of board member was filed by his party, and the said party had withdrawn the nomination which withdrawal was confirmed by the candidate under oath, there was substantial compliance with Sec. 73. His filing under oath within the statutory period of his individual certificate for candidacy for the separate office of mayor was, in effect, a rejection of the party nomination on his behalf for the office of board member. (Ramirez vs. COMELEC, L-81150, Jan 12, 1992) Substitution of Candidacy Sec. 77 BP 881; Sec. 12, RA 9006 If after the last day for filing certificates, a candidate dies, withdraws or is disqualified, he may be substituted by a person belonging to his party not later than the mid day of election. Said certificate may be filled with any board of election inspectors in the political subdivision where he is an electorate of the country, with the COMELEC. (Domingo vs. City Board of Canvassers, GR No. 105365, June 2, 1992) Even if the withdrawal was not under oath, the certificate of the substitute cannot be annulled after the election. Such technicality of the original candidates withdrawal of his certificate of candidacy cannot be used to override the peoples will in favor to the substitute candidate. The legal requirement that the withdrawal be under oath will be held to be merely directory and the candidates failure to observe the requirement is considered a harmless error. Hence the bona fide certificate of the substitute candidate cannot be assailed. The votes in his favor should be counted. (Villanueva vs. COMELEC, 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. For this purpose, the official ballots shall provide spaces where the voters may write the name of substitute candidates if they are voting for the latter. (See. 12, RA 9006) 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. (Sinaca vs. Mula, 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. 77 of the Election Code . . . The concept of a substitute presupposes the existence of the person to be substituted, for how can
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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. (Secs. 5a and 7, RA 6646) Under the election laws and the COMELEC Rules of Procedure, any voter may file a petition to disqualify a candidate on grounds provided by law. (Torayno vs.COMELEC, 337 SCRA 574) The fact that no docket fee was initially paid is not fatal. The Procedural defect as cured by the subsequent payment of the docket fee. (Sunga vs. COMELEC, 228 SCRA 76) A petition filed after the election is filed out of time. (Loong vs.COMELEC, 216 SCRA 769) Since the filing by facsimile transmission is not sanctioned and a facsimile copy is not an original pleading, a petition for disqualification should be deemed filed upon the filing of the original petition. (Garvida vs. Sales, 271 SCRA 764) Where a qualified candidate was replaced on the day before the election, a petition to disqualify the replacement filed on election day should be entertained, as it was impossible to file the petition earlier. (Abella vs. Larrazabal, 180 SCRA 509) The COMELEC may motu propio refuse to give due course or cancel a certificate of candidacy. (Sec. 69, BP 881) The proceeding shall be summary. (Nolasco vs. COMELEC, 275 SCRA 762) The COMELEC can decide a disqualification case directly without referring it to its legal officers for investigation. (Nolasco, supra) The decision shall be final and executory after 5 days from receipt unless stayed by the Supreme Court [Secs. 5(e) and 7, 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, and the votes cast for him shall not be counted. 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, inquiry or protest and, upon motion of the
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. COMELEC, 248 SCRA 300; Aquino vs. COMELEC, 248 SCRA 400)
even after election if there has yet no final judgment rendered. (Mercado vs. Mazano, 307 SCRA 630)
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Where the votes cast for a nuisance candidate whose disqualification had not yet become final on election day were tallied separately, they should be counted in favor of the petitioner. (Bautista vs. COMELEC, 298, SCRA 480) THE LONE CANDIDATE LAW The Lone Candidate Law is RA 8295, enacted June 6, 1997. 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 VicePresident, when there is only one (1) qualified candidate for such position, 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. Section 3 thereof also provides that the lone candidate so proclaimed shall assume office not earlier than the scheduled election day, in the absence of any lawful ground to deny due course or cancel the certificate of candidacy in order to prevent such proclamation.
VI. CAMPAIGN; ELECTION PROPAGANDA; 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. (Sec. 79, BP 881) a. If done for the purpose of enhancing the chances of aspirants for nomination for candidacy to a public office by a political party, etc, it shall not be considered as election campaign or partisan political activity. b. It shall be unlawful for any person or any party to engage in election campaign or partisan political activity except during the campaign period. c. Members of the Civil Service to engage, directly or indirectly, in any electioneering or partisan political campaign. A. Nomination of candidates 1. President, Vice-President and Senators not earlier than 165 before election date 2. Congressmen, provincial, city or municipal officials not earlier than 75 days before election day B. Campaign period
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1. Public exhibition of a movie, cinematograph or documentary portraying the life or biography of a candidate during campaign period.\ 2. Public exhibition of a movie, cinematograph or documentary portrayed by an actor or media personality who is himself a candidate; 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. Scope 1. Prohibiting the posting of decals and stickers except in the common posting area authorized by the COMELEC is not valid (Adiong vs. COMELEC, 244 SCRA 272) 2. Mass media may report news relating to candidates, and mass media practitioners may give their opinion regarding candidates. (National Press Club vs. COMELEC, 207 SCRA 1) Rallies
1. 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. A denial is appealable to the provincial election supervisor or COMELEC. (Sec. 87, BP 881) 2. It is unlawful to give or accept transportation, food, drinks or things of value within 5 hours before and after a public rally, before election day and on election day. (Sec. 89 BP 881) F. Prohibited donations It is prohibited for any candidate, his spouse, relative within second degree of consanguinity or affinity, 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. (Sec. 104, BP 881)
G.
Prohibited contributions No political contribution shall be made by the following: 1. Public or private financial institutions 2. Public utilities and those who exploit natural resources Thus, a public contribution governor as where an operator of utility disguised a to a candidate for loan, the promissory
days after election day a statement of contributions and expenditures. b. No persons elected shall assume office until he and his political party has filed the required statements 2.
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Penalties a. First Offense administrative fine from P 1,000 to P30, 000 b. Subsequent offense i. Administrative fine from P2,000 to P60, 000 ii. Perpetual disqualification to hold public office (Sec. 14, RA 7166) 3. Effect of withdrawal A candidate who withdraws his certificate of candidacy must still file a statement of contributions and expenditures, for the law makes no distinction. (Pilar vs. COMELEC, 245 SCRA 759)
VII.
KINDS OF ELECTION 1. General election is one provided for by law for the election to offices throughout the State, or certain subdivisions thereof, after the expiration of the full term of former officers. 2. Special Election is one provided for by law to fill vacancy in office before the expiration of the full term for which the incumbent was elected or one fixed by the COMELEC due to postponement or suspension of the election or the failure to elect. 3. Recall election is an election by means of which voters decide whether they should retain their local official or elect his replacement. (Claudio vs. COMELEC, 331 SCRA 388) ELECTION PERIOD Unless otherwise fixed by the COMELEC in special cases, the election period shall commence 90 days before the day of the day of the election and shall end 30 days thereafter.[Sec. 9, Art. IX C, PC] DATE OF ELECTION The regular election of the President, VicePresident, Senators and Members of the House of Representatives and local officials, except barangay officials, shall be on the second Monday of May once every three years. In accordance with the constitutional policy to synchronize elections, the regular election for national and local officials is now held simultaneously. (RA 7166) Under 6679, regular elections for barangay officials shall be held once every five years. ELECTION OF SANGGUNIANG MEMBERS 1. For provinces with two or more legislative district the elective members of Sangguniang Panlalawigan (Spn) shall be elected by legislative districts. 2. For provinces with only one legislative district the COMELEC shall divide
I.
Limitation on expenses Sec. 13, RA 7166 1. Candidates a. President and vice president P10 per voter b. Other candidates P3 per voter in his constituency c Candidate without political party P5 per voter d. Party/organization and coalition participating in the party list system P5 per voter 2. Political party and coalition P5 per voter in the constituency where it has candidates. (sec. 13, RA 7166) J. Statement of contributions and expenditures 1. Filing a. every candidate and treasurer of political party shall file within 30
2. 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 lawful and what are unlawful, or to arrive at any certain result whatsoever, or that the great body of voters have been prevented by viiolence, 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. (Benito vs. COMELEC, GR No. 134913,January 19,2001) 3. A special election should be held if the ballot box in the precinct was burned.(Hassan vs. COMELLEC,264 SCRA 125) 4. 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. COMELEC,225 SCRA 374) 5. The fact that less than 25% of the registered voters voted does not constitute failure of election, since voting took place. (Mitmug vs. COMELEC,230 SCRA 54) 6. Lack of notice of the date and time of the canvass, fraud, violence, terrorism, and analogous causes, such as disenfranchisement of voters, presence of flying voters, 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. (Borja vs. COMELEC,260 SCRA 604) 7. The fact that the names of some registered voters were omitted from the list of voters, strangers voted for some of the registered voters, a candidate was credited with less votes than he received, the control data of some election returns were filled up, the ballot boxes were brought to the municipal hall without padlock and seals, and that there was a delay in the delivery of election returns are not grounds for the declaration of failure of election. (Canicosa vs. COMELEC, 282 SCRA 512) 8. 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. (Balindong vs. COMELEC, 260 SCRA 494) 9. There is no reglementary period for filing a petition for annulment of an election if there has as yet been no proclamation. (Loong vs. COMELEC, 257 SCRA 1) 10. The COMELEC may decide a petition to declare a failure of election en banc at the first instance, since it is not a pre-proclamation case or an election protest. (Borja vs. COMELEC, 260 SCRA 604) In petitions to declare a failure of election on the ground of fraud, the COMELEC may conduct a technical examination of election documents and compare and
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for the invalidation thereof. (Malabaguio vs. COMELEC,346 SCRA 699) 2. 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. (Section 200,BP881) 3. 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. (Section 196, BP881) 4. It is unlawful to use carbon paper, paraffin paper or other means for making a copy of the contents of the ballot or to use any means to identify the ballot.(Sec. 195,BP881). A ballot prepared under such circumstances should not be counted. (Gutierrez vs. Aquino, Feb,26,1959)
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Official watchers Every registered party or coalition of parties and every candidate is entitled to one watcher per precinct and canvassing counter. Candidates for the local legislature belonging to the same party are entitled collectively to one watcher. Six principal watchers from 6 accredited major political parties shall be recognized. (Section 26, 7166) 2. Other watchers a. The accredited citizens arm is entitled to a watcher in every precinct. b. Other civic organizations may be authorized to appoint one watcher in every precinct. (Section 180, BP
ABSENTEE VOTING 1. Members of the Board of Election Inspectors and their substitutes may vote in the precinct where they are assigned. (Section 169, BP 881) 2. Absentee voting for President, V-president and Senators are allowed for members of the AFP, PNP, and other government employees assigned in connection with the performance of election duties to places where they are not registered. (Section 12, RA 7166) RA NO. 9189 AN ACT PROVIDING FOR A SYSTEM OF OVERSEAS ABSENTEE VOTING BY QUALIFIED CITIZENS OF THE PHILIPPINES ABROAD Sec. 5. Disqualification. The following shall be disqualified from voting under this Act: a) Those who have lost their Filipino citizenship in accordance with Philippine laws; b) Those who have expressly renounced their Philippine citizenship and who have pledge allegiance to a foreign country; c) Those who have committed and are convicted in a final judgment by a court or tribunal of an offense punishable by imprisonment of not less than one (1) year, including those who have committed and been found guilty of Disloyalty as define under Article 137 of the Revised Penal Code, such disability not having been removed by plenary pardon or amnesty: Provided, however, That any person disqualified to vote under this subsection shall automatically acquire the right to vote upon expiration of five(5) years after service of sentence; Provided further, That the Commission may take cognizance of final judgments issued by foreign courts or tribunals only on the basis or reciprocity and subject to the formalities and processes prescribed by the Rules of court on execution of judgments;
881) Important rights of watchers 1. All watchers a. To stay inside the precinct b. To inform themselves of the proceedings c. To file a protest against any irregularity d. To obtain a certificate of the number of votes cast for each candidate (Section 179, BP881) 2. Citizens Arm To be given a copy of the election return to be used for the conduct of an unofficial count. (Section 1, RA 8045) VIII. CASTING OF VOTES 1. The chairman of the Board of Election Inspectors should sign each ballot at the back. The omission of such signature does not affect the validity of the ballot.(Libanan vs HRET,283 SCRA 520) Under the rules prevailing during the 1997 Barangay Elections, the failure to authenticate the ballots shall no longer be cause
6.1 Upon receipt of the application for registration, the Election Officer shall immediately set the application for hearing, the notice of which shall be posted in a conspicuous place in the premises of the city or municipal building of the applicants stated residence for at least one (1) week before the date of the hearing. The Election Officer shall immediately furnish a copy of the application to the designated representatives of political parties and other accredited groups. 6.2 If no verified objection to the application is filed, the Election Officer shall immediately forward the application to the Election Registration Board, which shall decide on the application within one (1) week from the date of hearing without waiting for the quarterly meeting of the Board. The applicant shall be notified of the approval or disapproval of his/her application by registered mail.
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SEC. 6 Personal Overseas Absentee Registration. Registration as an overseas absentee voter shall be done in person. Qualified citizens of the Philippines abroad who failed to register under Republic Act No. 8189, otherwise known as The Voters Registration Act of 1996, 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, or with the representative of the Commission of the Philippine embassies, consulates and other foreign service establishments that have jurisdiction over the locality where they temporarily reside. Subject to guidelines herein provided, the Commission is hereby authorized to prescribe procedures for overseas absentee registration pursuant to the provisions of Republic Act No. 8189, whenever applicable, taking into strict consideration the time zones and the various periods and processes herein provided for the proper implementation of this Act. The embassies, 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 applicants stated residence for verification, hearing and annotation in the permanent list of voters. All applications for the May 2004 elections shall be filed with the Commission not later than two hundred eighty (280) calendar days before the day of elections. For succeeding elections, the Commission shall provide for the period within which applications to register must be filed. In the case of seafarers, the Commission shall provide a special mechanism for the time and manner of personal registration taking into consideration the nature of their work.
6.3 In the event that an objection to the application is filed prior to or on the date of hearing, the Election Officer shall notify the applicant of said objection by registered mail, and closing therein copies of affidavits or documents submitted in support of the objection filed with the said Election Officer, if any. The applicant shall have the right to file his counteraffidavit by registered mail, clearly stating therein facts and defenses sworn before any officer in the host country authorized to administer oaths. 6.4 The application shall be approved or disapproved based on the merits of the objection, counter-affidavit and documents submitted by the party objecting and those of the applicant. 6.5 A Certificate of Registration as an overseas absentee voter shall be issued by the Commission to all applicants whose applications have been approved, including those certified as registered voters. The Commission shall include the approved applications in the National Registry of Absentee Voters. 6.6 If the application has been approved, 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. The petition shall be decided within fifteen (15) days after its filing on the basis of the documents submitted in connection therewith. Should the court fail to render a decision within the prescribed period, the ruling of the Election Registration Board shall be considered affirmed.
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(iii) Where voting by mail is allowed, the applicants mailing address outside the Philippines where the ballot for absentee voters will be sent, in proper cases; and (iv) Name and address of applicants authorized representative in the Philippines for purposes of Section 6.7 and Section 12 hereof. c.) 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.
b.)
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.
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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 mail. Shall be cancelled and shipped to the Commission by the least costly method within six (6) months from the day of elections. 16.8 Only ballots cast, and mailed ballots received by the Philippine embassies, 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. All envelopes containing the ballots received by the embassies, consulates and other foreign service establishments after the prescribed period shall not b opened, and shall be cancelled and shipped to the Commission by the least costly method within six (6) months from the day of elections. 16.9 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, consulates and other foreign service establishments concerned including their attached agencies, and citizens of the Philippines abroad, who will be deputized to receive ballots and take custody of the same preparatory to their transmittal to the Special Boards of Election Inspectors. 16.10 During this phase of the election process, the authorized representatives of political parties, candidates, and accredited citizens arms of the Commission shall be notified in writing thereof and shall have the right to witness the proceedings.
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
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MANNER 1. The Board of Election Inspectors shall read the ballots publicly and shall not postpone the count 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 read. (Section 25, RA 7166) 3. If on account of violence or similar causes it becomes necessary to transfer the counting of the votes to a safer place, the BEI may effect the transfer by unanimous approval of the board and concurrence of a majority of the watchers present. (Section 18, RA6646) 4. Where a commotion resulted in suspension of the counting, the BEI may recount the ballots. (Dayag vs. Alonzo) SPECIAL PROBLEMS 1. Excess Ballots If there are excess ballots, the poll clerk shall draw out as many ballots equal to the excess without seeing them, and the excess ballots shall not be counted. (Section 207, BP881) 2. Spoiled ballots a. Ballots in the compartment for spoiled ballots are presumed to be spoiled ballots. If the BEI finds that a valid ballot was erroneously deposited in the compartment for spoiled ballots. It shall be counted. (Section 209, BP881) 3. Marked Ballot a. Marked ballots shall not be counted (Section 208, BP881) b. A ballot is considered marked in any of the following cases: The voter signed the ballot. (Ferrer vs De Alban, 101 phil 10) There were variations in the style of writing The name of a a candidate was written more than twice The voter wrote the names of well-known public figures who are not candidates such as actors, actresses and national political figures. (Protacto vs. De Leon, 9 SCRA 472) The ballot contains irrelevant expression. (Bautista vs. Castro,206 SCRA 305). However, the use of nicknames and appellations of affection and friendship, if accompanied by the name of the candidate does not annul the ballot except when it is used to
or the correct surname but wrong first name of a candidate is written ,shall not be counted in his favor.
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11. Where a candidate named Pedro Alfonso died on the eve of the election and his daughter Irma Alfonso substituted him, ballots in which the name Pedro alfonso was written cannot be counted in her favor. (Afonso vs. COMELEC,232 SCRA 777) 12. If two or more candidates were voted for in an office for which the law authorizes the election for only one, the vote shall not be counted in favor of any of them. 13. If the candidate voted for exceed the number of those to be elected, the votes for the candidates whose names were firstly written equal to the number of candidates to be elected shall be counted. 14. Even if the name of a candidate was written on the wrong space, it should be counted if the intention to vote for him can be determined, 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. (Cordero vs.Moscardon,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,(2) a vote which is illegible, and ( 3) a vote which does not sufficiently identify the candidate for whom it is intended. (Villarosa vs. HRET,340 SCRA 396) The rule is in favor of the validity of the ballot, not otherwise The appearance of print and script writings in a single ballot does not necessarily imply that two persons wrote the ballot Paragraph 18,section 149 of the REC, provides that unless it should clearly appear that it has been deliberately put by the voter to serve as identification mark, the use of two or more kinds of writing shall be considered innocent and shall not invalidate a ballot.. Under Section 211(19 ) of the OEC, any vote in favor of a person who has not filed a certificate of candidacy or in favor of a candidate for an office for which he did not present himself shall be considered as an astray vote, but it shall not invalidate the whole ballot The unexplained presence of prominent letters and words written with remarkably good hand marked the ballots and must be considered invalid When in a space in the ballot there appears a name of candidate that is erased and another clearly written, the vote is valid for the latter incorrect spelling of a candidates name does not invalidate the ballotfor even the most
RULES FOR APPRECIATION OF BALLOTS 1. A ballot in which the first name or surname of a candidate is written should be counted for him, if there is no other candidate with the same name. (Lerias vs. HRET,202 SCRA 808) 2. If only the first name of a candidate is written and it sounds like the surname of another candidate, the vote shall be counted in favor of the latter. 3. 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 incumbent. 4. 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, the vote shall be counted in favor of all the candidates. With the same surname. 5. When the word written is the first name of one candidate and the surname of another candidate, the vote shall be counted for the latter. 6. If the ballot contains the first name of one candidate and the surname of another, the vote shall not be counted for either. 7. An incorrectly written name which sounds like the correctly written name of a candidate shall be counted in his favor(Bautista vs Castro,206 SCRA 606) 8. If the word written is the incidental name of two or more candidates for the same office none of whom 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. 9. 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. 10. A ballot in which the correct first name but wrong surname of a candidate is written
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The COMELEC exercises direct supervision and control over the proceedings before the board of canvassers (Mastura vs. COMELEC, 285 SCRA 493) NATURE OF DUTY OF BOARD OF CANVASSERS 1. Ministerial- it has only the ministrial task of tallying the votes as reported in the election returns and declare the results, and cannot exercise the judicial power of deciding an election contest. The correction of the manifest mistake in the mathemathical addition calls for a mere clerical task on the part of the board. The remedy is purely administrative. (Tatlonghari vs. COMELEC,199 SCRA 199) 2. Quasi-Judicial- The Comelec exercises judgment or discretion to determine whether any given return before it is genuine in connection with the canvass of votes. PROCEDURE 1. The COMELEC has direct control and supervision over the board of canvassers except congress. It may motu proprio relieve at any time and substitute any member of the board of canvassers. (section 227, BP 881) A municipal court has no jurisdiction to restrain the municipal board of canvasser. (Librados vs. Casar,234 SCRA 13) 2. Manner of delivery of election Return a. 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, signed and thumbmarked by the members of the BEI. 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. Comelec,140 SCRA 126) b. 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. c. Watchers have the right to accompany the members of the BEI and the election registrar during the delivery of the election returns to the board of canvassers. (section 229, BP 881) RIGHTS OF CANDIDATES 1. Every registered political party and candidate is entitled to one watcher in the canvassing center, but candidates for the local legislative bodies belonging to the same party are entitled collectively to one watcher. 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. (Quilala vs. COMELEC,188 SCRA 902) 2. Any registered political party and candidate has the right to be present and to counsel a. only one counsel may argue for each party of candidate; no dilatory action shall be allowed
result of the election, the COMELEC, after ascertaining that the integrity of the ballot box has not been violated, shall order the recount of the ballots. If there is discrepancy between the tally and the written figures in the election return, 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. (Patoray vs. COMELEC,249 SCRA 440) PROCLAMATION 1. An incomplete canvass of votes is illegal cannot be a basis of a valid proclamation (Samad vs. COMELEC,224 SCRA631,Loong vs. COMELEC,257 SCRA 1) a canvass cannot be reflective of the true vote of the electorate unless all returns are considered and none is omitted (Caruncho III vs. COMELEC,315 SCRA 693) 2. If the questioned election returns will not affect the result of the election, a proclamation may be made upon the order to the COMELEC after notice and hearing. 3. A proclamation made where the contested returns set aside will affect the result of the election and the board of canvassers proceeded to proclaim without the authority from the COMELEC is null and void. (Sema vs. COMELEC,347 SCRA 633) 4. The mere filing of a petition for disqualification is not a ground to suspend the proclamation of the winning candidate-in the absence of an order suspending proclamation, the winning candidate who is sought to be disqualified is entitled to be proclaimed as a matter of law. (Bagatsing vs CCOMELEC,320 SCRA 817) 5. Filing of pre-proclamation controversy under 2448 of BP881 is not the only grounds for the suspension of proclamation. 6. The proclamation of a winning candidate cannot be annulled if he has not been notified of the motion to set aside his proclamation. (Caruncho vs. COMELEC,315 SCRA 693) 7. The fact that the candidate who obtained the highest number of votes is later declared to be disqualified or nor eligible for the office to which he was elected does not necessarily entitle the candidate who obtained the second highest number of votes to be declared the winner of the elective office To allow the defeated and repudiated to take over the mayoralty 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 peoples 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. (Loreto vs. Brion,311 SCRA 694) TIE 1. 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. ART VII, PHIL CONTN) 2. In the case of other positions, the ties shall be broken by the drawing of lots.
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Omission in the return i. in case of an omission in the election return of the names of a candidate or his votes, the board of canvassers shall require the BEI to complete it. ii. If the votes omitted cannot be ascertained except by recounting the ballots, after ascertaining the integrity of the ballot has not been violated, the COMELEC shall order the BEI to count the votes for the candidate whose votes were omitted and to complete the return. Since the omission of the election return on the number of votes certain candidates received is not a discrepancy, a recount of the vote should be ordered instead of excluding the election return in the canvassing. (Patoray vs. COMELEC,249 SCRA 490) c. Tampered or falsified return i. 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, the board shall use the other copies of the election return. ii. 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, the COMELEC after ascertaining that the integrity of the ballot box has not been violated,shall order the BEI to recount the votes and prepare a new return. iii. If the certificate of canvass was tampered with, the COMELEC may order that any of the copies of the election returns be used in making a new canvass.(Mastura vs. COMELEC,265 SCRA 493) iv. Since an election return prepared without counting the ballots is a fabrication, it should not be counted and a count of the ballot should be ordered.( Lucero vss. COMELEC,234 SCRA 280) d. 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
a. The composition of the proceeding of the board of canvassers is illegal b. The returns are incomplete, contain material defects, appear to be tampered with or falsified or contain discrepancies in the same returns or in other authentic copies; c. The returns were prepared under duress or are obviously manufactured or not authentic; d. Substitute or fraudulent returns were canvassed, the result of which materially affect the standing of the aggrieved candidate.
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2. President, vice president, senators, congressmen and barangay officials No pre-proclamation case is allowed regarding the preparation, transmission, receipt, custody and appreciation of the election return or certificate of canvass.(Chaves vs COMELEC,211 SCRA 315) ERRORS IN THE CERTIFICATE OF CANVASS Correction of manifest errors has reference to errors in the election returns, in the entries of the statement of votes by precinct/per municipality, or in the certificate of canvass a manifest clerical error is one that is visible to the eye or obvious to the understanding, and is apparent from the papers to the eye appraiser and the collector, and does not include an error which may, by evidence dehors the record to be shown to have been committed. (Trinidad vs. COMELEC,320 SCRA 836) 1. While the first sentence of section 15 of RA 7166 prohibits candidates in the presidential, Vice presidential, senatorial and congressional elections from filing pre-proclamation case, 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, vice-president, 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. (Sandoval vs. COMELEC,323 SCRA 403) 2. The canvassing body may motu proprio or upon petition of an interested party correct manifest errors in the certificate of canvass or election return. (Sec 15, RA7166) i. A copy of an election return or certificate of canvass was tabulated more than once. ii. Two or more copies of the same election return or certificate of canvass were tabulated separately. iii. There was a mistake in copying the figures into the statement of votes or certificate of canvass. Errors in addition in the certificate of canvass may be corrected. (Ong vs COMELEC,221 SCRA 75)
B.
C.
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1.Issues involving the casting or the counting of the ballots are not proper in pre- proclamation cases. i. The use of illegal election propaganda, vote-buying and terrorism of the voters are not proper issues in a preproclamation case. (Villegas vs. COMELEC, 99 SCRA 5892) Questions on the appreciation of the ballots can not be raised in preproclamation case. (Alfonso vs.COMELEC, 232 SCRA 777)Thus, 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.(Chavez vs. COMELEC, 211 SCRA 315) Likewise, the claim that some ballots were spurious, marked or invalid cannot be raised in a preproclamation case. (pataray vs. COMELEC,274 SCRA 470) iii. Terrorism of voters, voting by flying voters, deprivation of the right to vote of registered voters and vote buying cannot be raised in a pre-proclamation case (Allarde vs. COMELEC,159 SCRA 623) iv. Vote buying and secrecy in the preparation of ballots are not proper grounds for preproclamation case (Salazar vs. COMELEC,184 SCRA 433) v. The claim that the voters were allowed to vote without verifying their identities, that there were discrepancies between the signatures in the voter\s affidavits and the voting record, and third persons falsely voted for voters who did not vote are not proper issues in a pre-proclamation case (Dipatuan vs. COMELEC,185 SCRA 86) vi. Technical examination of the signatures and thumbprints of the voters to prove substitute voting is not allowed in a preproclamation case. (Balindong vs. COMELLEC,260 SCRA 294) vii. The padding of the list of voters cannot be raised in a pre-proclamation
ii.
genuineness of an election return, it should not be excluded (Salvacion vs. COMELEC,170 SCRA 513)
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SUMMARY DISPOSITION OF PRE-PROCLAMATION CONTROVERSY 1. Summary proceedings cannot be stretched to mean ex parte proceedingsummary simply means with dispatch, with the least possible delay, signifying that the power may be exercised without trial in the ordinary manner prescribed by law for regular judicial proceedings.(Velayo vs.Comelec,372 SCRA 713) 2. RA 7166 explicitly provides that it is only on the basis of the official records that the COMELEC can decide the preproclamation controversy in a summary manner. (Velayo vs. COMELEC,327 SCRA 713) 3. All pre-proclamation controversies on election returns or certificates of canvass shall be disposed of summarily-first by the record of canvassers and then. By the COMELEC. (Chu vs. COMELEC, 319 SCRA 482) A. 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, since it must be raised immediately. (Laodenio vs. COMELEC,276 SCRA 705) The ruling of the board of canvassers on question affecting its composition or proceeding may be appealed to the COOMELEC in 3 days. (Section 19 RA 7166) B. Procedure in case of contested returns 1. 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),RA 7166) a. An objection made after the canvass is late.(Guiao vs /comelec,137 SCRA 356,Navarro vs COMELEC,228 SCRA 596) b. a petition for correction of the statement of votes may be filed after the proclamation of the winner, although no objection was made during the canvass, as error was discovered only after the petitioner got a copy of the
Since the proclamation of a candidate who finished second made after the candidate who got the highest number of votes was killed is patently void, a late appeal should be allowed. (Benito vs. CCOMELLEC,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.(Sardea vs. COMELLEC,225 SCRA 374) 7. The COMELEC shall decide the appeal within 7 days from receipt of the records, and the decision shall be executory after 7 days from receipt by the losing party. (Sections 18 and 20(f), RA 7166) TERMINATION OF PREPROCLAMATION CASE Once a proclamation has been made, the preproclamation case is no longer viable and should be dismissed (Sardea vs. COMELEC). However this rule presupposes the proclamation is valid. It does not apply if the proclamation is void, because it was based on incomplete returns. (Matalam vs. COMELEC 271 SCRA 733). The same holds true if the returns were manufactured. (Agbayani vs. COMELEC,186 SCRA 464). The same hols true where the computation of votes was erroneous. (Mentang vs. COMELEC,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, and the rulings of the board of canvassers shall be deemed affirmed, without prejudice to the filing of an election protest by the aggrieved party. (Penaflorida vs. COMELEC,282 SCRA 241 And Barroso vs Ampig,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. (Matalam vss. COMELEC,271 SCRA 733)
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The RTC has no jurisdiction to review the decision of the municipal board of canvassers to correct a certificate of canvass.(Cabanero vs CA) The RTC has no jurisdiction to compel themunicipal board of canvassers, which suspended the proclamation because of a possible discrepancy in the election return, to make a proclamation. (In re COMELEC Resolution no.2521,234 SCRA 1) b. Period of appeal
of the person who has obtained a plurality of votes to be declared elected. (Sunga vs. COMELEC,288 SCRA 76) ANNULMENT OF PROCLAMATION
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1. 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.(Torres vs. COMELEC,270 SCRA 583) 2. Where the COMELEC, without prior notice and hearing, 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 expedient action to take is to direct the Municipal Board of Canvassers to reconvene and. after notice and hearing in accordance with rule 27, section 7 of the COMELEC Rules of Procedure, to effect the necessary correction, if any, in the election returns and, on the basis thereof, proclaim the winning candidate or candidates as members of the Sangguniang Bayan( Angelia vs. COMELEC,332 SCRA 757) 3. 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 candidates proclamation. (Velayo vs. COMELEC, 327 SCRA 713) 4. 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. (Lonzanida vs. COMELEC, 311 SRA 602) ELECTION CONTESTS A. Jurisdiction Supreme Court( Tribunal) Presidential Electoral
President Vice-President ( Sec. 4, Art VII, Phil. Const) Senate Electoral tribunal Senators ( Sec 17, Art VI, PC) 3. House of Representatives Electoral Tribunal-Congressmen ( Sec 17, Art VI, PC; Sampayan vs. Daza, 213 SCRA 807) 4. Commission on Elections
Regional Officials Provincial Officials City Officials ( Sec 2(2). Art IX-C, PC; Sec 249 BP 881)
b.
Procedure 1. Period of filing contest a. Periods i. President and VicePresident 1) Protest30 days ( Rule 14, Rules of Presidential Electoral Tribunal) 2) Quo Warranto- 10 days ( Rule 15, Rules of Presidential Electoral Tribunal) ii. Senators 1) Protest 15 days ( Rule 14, Revised Rules of Senate Electoral Tribunal) 2) Quo Warranto 10 days ( Rule 15, Revised Rules of Senate Electoral Tribunal) iii. Congressmen10 days ( Rule 16 and 17.1998 Rules of House of Representatives Electoral Tribunal) iv. Regional, provincial and city officials-10 days ( Sec 250 and 253, BP 881; Republic vs. Dela Rosa, 232 SCRA 78)
Municipal Officials- 10 days ( Secs 251 and 253, BP 881) vi. Barangay Officials 10 days ( Sec 252 and 253, BP 881) vii. Sangguniang Kabataan- 10 days ( Sec 1, RA 7808) Exceptions i. 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. ( Sec 248, BP 881; Gatchalian vs CA , SCRA 208) ii. If the dismissal was elevated to the Supreme Court , the period does not run until receipt of the dismissal by the Supreme Court, because review by the Supreme Court is part of the proceeding.( Gallardo vs Rimando, 187 SCRA 463) iii. The running of the reglementary period to file an election protest is tolled by a partys elevation to the Supreme Court of a COMELEC decision resolution of proclamation case. ( Roquero vs COMELEC , 289 SCRA 120) iv. 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, 283 SCRA 505) v. Since the filing of a preproclamation case merely suspends the running of the period to file an election protest, only the balance of the period is in case of dismissal. ( Roquero vs COMELEC , 289 SCRA 150) vi. Where the evidence of the lack of Filipino citizenship of a provincial official was discovered only 18 months after his proclamation, the quo warranto case should be allowed even if it filed more than 10 days after his proclamation. ( Frivaldo vs COMELEC , 174 SCRA 245) 2 .Protestant or Petitioner President and Vice-President i. protestCandidate with second or third highest number of votes ( Rule 14, Rules of Presidential Electoral Tribunal) ii. Quo Warrantoany voter ( Rule 15, Rules of Presidential Electoral Tribunal) Senator
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The protestant finished second in the election ( Ali vs CFI of Lanao, 80 Phil 506) The protestant was a candidate voted for in the election with a valid certificate of candidacy for mayor ( Pamania vs Pilapil, 81 Phil 212) The protestant was one of the registered candidates voted for and he received a certain number of votes ( Jalandoni vs Sarcon, 94 Phil 266) The protestant was the official candidate of a [particular political party and received a certain number of votes ( Maquinay vs Bleza, 100 SCRA 702) The protestant was a candidate for governor and was voted for. ( Macias vs COMELEC, 182 SCRA 137) Even if the protest did not allege the date of the proclamation, it can be determined from the records of the case that it was filed on time, as when the protest was filed on the tenth from the date the casting of votes was held, the protest should not be dismissed. (Miro vs COMELEC, 121 SCRA 466) Verification/Certificate of Absence of Forum Shopping 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 , said petition lacks proper verification and should be treated an unsigned pleading and must be dismissed. ( Soller vs COMELEC, 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. ( Domingo vs COMELEC, 313 SCRA 311) The requirement that every initial pleading should contain certification of absence of forum shopping applies to election cases for Circular No. 04-94 does not distinguish ( Loyola vs CA 245 SCRA 477, Tamarong vs Lubguban, 269 SCRA 624) SC Adm. Circular No 04-94 requiring a certification of non-forum shopping is applicable to election cases as it is mandatory . It is, however not jurisdictional..
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courts because of the exclusive rule-making power of the Supreme Court. ( Aruelo vs CA, 227 SCRA 311) 10. 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, the rule in civil cases that general denials operates as a n admission is not applicable ( Loyola vs HRET, 229 SCRA 90) A counter protest cannot be allowed if the answer was filed out of time ( Lim vs COMELEC, 282 SCRA 53) 11. Cash Deposit A protestee who filed a counterclaim for attorneys fees cannot be required to file a cash deposit since a cash deposit is required only for a counter-protest ( Roa vs Inting, 231 SCRA 57) 12. Injunction A protestee cannot be enjoined from assuming office because of the pendency of an election protest. Until the case is decided against him, he has the right to assume office. ( Careno vs Dictado, 160 SCRA 759) a. 13. Substitution Even if the protestee has resigned , the protest should continue , as a favorable judgement will be entitled the protestant to assume the office ( Delos Angeles vs Rodriguez, 46 Phil 599) The same holds true if the protestee accepted another position ( Calvo vs Maramba, GR No 13206, January 7, 1918) If the protestee died, he should be substituted by his successor such as the vice-mayor ( Dela Victoria vs COMELEC, 199 SCRA 561) He cannot be substituted by his heirs, since public office cannot be
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b.
35
Unless the original documents or certified true copies of them cannot be produced or photo-copies cannot be used as evidence ( Arroyo vs HRET, 246 SCRA 384) Ballots cannot be excluded on the ground that they were written by any person or were marked on the basis of mere photo-copies, as they are not the best evidence ( Nazareno vs COMELEC 279 SCRA 89) 20. Demurrer A motion to dismiss for insufficiency of the evidence of the protestant has rested is a demurrer to the evidence. If it was granted but reversed on appeal , the protestee is deemed to have the right to present evidence ( Enojas vs COMELEC, 283 SCRA 229) Decision
14.
15.
16.
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, 253 SCRA 559) Summary Judgment An election protest cannot be decided summarly, as summary judgment applies only to ordinary civil action for recovery of money MELEC 199 SCRA 449) Opening of Ballots When an election protest is filed. The ballot boxes should be opened without requiring proof of irregularities, and misappreciation of ballots ( Manahan vs Bernardo, 283 SCRA 505) The revision of ballots in an election protest filed with COMELEC should be held in Manila ( Cabagnot vs COMELEC, 260 SCRA 503)
21.
17.
Deferment of Counter Protest A protestee cannot ask that before making the revision of the ballots involved in his counter-protest, 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) Certiorari Under Sec 50 of BP 697, the COMELEC has jurisdiction over petitions for certiorari, prohibition and mandamus involving election cases pending before the courts whose decisions are appealabe to it ( Relampagos vs CUmba, 243 SCRA 690;Edding vs COMELEC 246 SCRA 502) Where a petition for certiorari merely questioned the denial of the motion of the protestee for extension of the time to answer, the COMELEC cannot affirm the decision of the merits in the election protest. ( Acosta vs COMELEC, 293 SCRA 578)
a. authentic election return cannot be annulled because the ballots were lost or destroyed ( Arroyo vs HRET 246 SCRA 384) b. If the winner is ineligible, the candidate who got the highest number of votes cannot be proclaimed elected as he did not get the majority or plurality of the votes ( Sunga vs COMELEC, 288 SCRA 76) c. Actual damages may be awarded in accordance with the law ( Sec 259, BP 881) The loser cannot be ordered to reimburse the winner for the expenses incurred in the election protest for no law provides for it ( Atienza vs COMELEC 239 SCRA 298) d. The mere fact that the decision in favor of the protestant was reversed on appeal is not sufficient basis for the ruling that the protestant should be awarded attorneys fees because the protest was filed for harassment ( Malaluan vs COMELEC 254 SCRA 397) e. Under Sec 264, par 1 of BP 881, as amended , the award of damages is no among the imposable penalties for the commission of any of the election offenses thereunder by any individual ( Regalado vs CA 325 SCRA 516) 22. Execution of Judgment Pending Appeal
18.
19.
Evidence The genuineness of the handwriting in the ballots can be determined without calling
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i. Municipal officials ( Sec 256, BP 881; Veloria vs COMELEC , 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, since the pre-trial is not applicable to the election protest. ( Pangilinan vs De Ocampo, 232 SCRA ) ii. Barangay Officials ( Sec 19, Rule 37 and Sec 12, Rule 38 COMELEC Rules of Procedure) iii. Sangguniang Kabataan ( Sec 19, Rule 37 and Sec 12 Rule 38, COMELEC Rules of Procedure) c. Since only decisions of the COMELEC en banc may be elevated to the Supreme Court , 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, 244 SCRA 41) d. A resolution of the COMELEC en banc is not subject to reconsideration, 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, resolution, order, or decision except in election offense cases is a prohibited pleading under the COMELEC Rules of Procedure. 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. ( Angela vs COMELEC , 322 SCRA 757)
24.
a. One motion for reconsideration is allowed in the contest involving the following : i. President- 10 days ii. Vice-President10 days ( Rule 65, Rules of Presidential Electoral Tribunal iii. Senator- 10 days ( Rule 64, Rules of Senate Electoral Tribunal) iv. Congressmen10 days ( Rule 74, 1998 Rules of HRET) v. Regional, Provincial and City Officials 5 days ( Sec 2, Rule 19 COMELEC Rules of Procedure)
Review a. Jurisdiction i. Senator- Supreme Court within 60 days ( Sec 4, Rule 65 Rules of Court) ii. CongressmenSupreme Court within 60 days ( Lerias vs HRET; Sec 4, Rule 65 Rules of Court) iii. Regional, provincial, and City officials Supreme Court within 30 days ( Sec 7, Art IX-A Phil Const) iv. Municipal Officials 1) COMELEC within 5 days ( Sec 22 RA 7166; Sec 3 Rule 22 of COMELEC Rules of
The expanded jurisdiction of the Municipal Trail Court ( RA 7691) does not include criminal cases involving election offenses, 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, regional trial courts have exclusive jurisdiction to try and decide any criminal action or proceeding for violation of the Code including those penalized by imprisonment not exceeding 6 years, but except those relating to the offense of failure to vote ( Juan vs People 322 SCRA 125) C. Offenses 1. Vote-buying a. The fact that at least one voter in at least 20% of the precincts in a municipality , city or province was offered money by the relatives, leaders or sympathizers of a candidate to promote his election shall create a presumption of conspiracy to bribe voters. b. The fact that at least 20% of the precincts of the municipality, city or province to which the office aspired for by the candidate is affected by the offer creates the presumption that the candidate and his campaign managers are involved in the conspiracy. c. Any person who is guilty and willingly testifies shall be exempt from prosecution ( Sec 28, RA 6646) d. The traditional gift-giving by the municipality during Christmas which was done to induce voters for the mayor does not constitute vote-buying ( Lozano vs Martinez, 285 SCRA 256) 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, 188 SCRA 830) 3. Place Unauthorized Entry into Polling 2.
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i. An appeal may be dismissed for failure of the appellant to pay the appellate docket fee ( Reyes vs RTC of Oriental Mindoro, 244 SCRA 41) ii. An appeal may be dismissed if the full appellate docket fee was not paid , as payment of the full amount is indispensable for perfection of the appeal ( Rodillas vs COMELEC, 245 SCRA 702) d. 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. CRIMINAL OFFENSES A,. Criminal and Electorate Aspects of An Election Offense An election offense has criminal as well as electoral aspects ( Sunga vs COMELEC 288 SCRA 76) 1. Its criminal aspect involves the ascertainment of the guilt or innocence of the accused candidate like in any other criminal case, it usually entails a full-blown hearing and the quantum of proof required to secure a conviction beyond reasonable doubt . 2. Its electoral aspect is a determination of whether the offender should be qualified from office. This is done through administrative proceeding which is summary in character and requires only a clear preponderance of evidence. B. Jurisdiction to try the case
Mere presence of unauthorized person inside a polling place is an offense ( COMELEC vs Romillo, 158 SCRA 716) 4. 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 transfers made without the prior approval of the COMELEC in accordance with the implementing regulations, the transfer of government employees before the publication of the implementing regulations is not an election offense. ( People vs Reyes, 247 SCRA 328) Two elements of the offense prescribed under Sec 261 (h) of BP 881, as
Department Under Section 5 of Rule 34 of the COMELEC Rules of Procedure, the preliminary investigation may be delegated to any of those officials specified in the rule upon the direction of the COMELEC Chairman(Laurel vs. Presiding Judge, RTC Manila Br 10, 323 SCRA 778) 4. A provincial election supervisor authorized to conduct a preliminary investigation may file a case without need of approval of the provincial prosecutor. (Pp. Vs. Inting,187 SCRA 788) The
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To support a conviction carrying a deadly weapon inside a precinct, it is necessary that the deadly weapon be seized from the accused while he was in precinct ( Mappala vs Munoz 240 SCRA 600) 6. 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. Refusing to credit candidate with vote Under section 27(b) of RA 6646, two act not one, are penalized i.e, first, the tampering, increasing or decreasing of votes received by a candidate in any election, and second, the refusal, after proper verification and hearing to credit the correct votes or deduct such tampered votes.(Pimentel vs. COMELEC,289 SCRA 586) D. Prosecution
COMELEC can deputize prosecutors to investigate and prosecute offenses even after election. (Pp. Vs. Basilla,179 SCRA 87) Since it is a preliminary investigation, it is the COMELEC who will determine the existence of probable cause, the complainant cannot ask it to gather evidence in support of the complaint. (Kilosbayan Inc vs. COMELEC,280 SCRA 8920 The court in which a criminal case was filed may order the COMELEC to order a reinvestigation. (Pp. Vs. Delgado, 189 SCRA 715) A prosecutor who was deputized by the COMELEC cannot oppose the appeal filed by the COMELEC from the dismissal of a case, since the power to prosecute election offenses is vested in the COMELEC. (COMELEC vs. Ssilva,286 SCRA 177)
1. Section 2(6),Art IX-C File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses, and malpractices. The COMELEC has exclusive jurisdiction to conduct preliminary investigation of and prosecute election offenses (Naldaza vs. Lavilles,254 SCRA 286) 2. This holds true even if the offense is committed by a public officer in relation to his office.(Corpuz vs. Tanodbayan, 149 SCRA 2281)
3. Whatever initiated motu propio or filed with the COMELEC by any other party, the complaint shall be referred to the COMELEC Law Department for investigation.. The COMELEC Chairman, in his personal capacity may file directly with the COMELEC Law Department pursuant to Section 4, Rule 34 of the COMELEC Rules of Procedure. 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, 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