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Revised Election Law Review Guide September 2007

Revised Election Law Review Guide September 2007

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Published by: Dianne Ricci Madrid on Nov 09, 2011
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  • A. Election in General
  • B. Registration & Qualification of Voters
  • E. Certificate of Candidacy
  • F. Election Propaganda and Campaign
  • G. Board of Election Inspectors (BEI)
  • H. Casting and Counting of Votes
  • J. Pre-Proclamation Controversies (PPC)
  • K. Election Contests
  • L. Election Offenses


A. BAUTISTA N. DE VEGA 2ND TRIMESTER, SY 2007-2008 A. Election in General Batas Pambansa Blg. 881, otherwise known as the Omnibus Election Code (OEC), is the basic law on elections. While legislations have been enacted every time an election is scheduled, the OEC remains the fundamental law on the subject. Other Pertinent Laws on Election: 1. Republic Act No. 9189 or the Overseas Absentee Voting Act of 2003 2. Republic Act No. 8189, otherwise known as the Voter’s Registration Act of 1996 3. Republic Act No. 7941, otherwise known as the Party List System Act 4. Republic Act No. 9006, otherwise known as the Fair Election Act 5. Republic Act No. 6646, otherwise known as the Electoral Reform Law of 1987 6. Republic Act No. 7166, providing for Synchronized National and Local Elections 7. Republic Act No. 8436, an Act Authorizing the COMELEC to use Automated Election System Elections: 1. It is the embodiment of the popular will, the expression of the sovereign power of the people. 2. It involves the choice or selection of candidates to public office by popular vote. 3. It refers to the conduct of the polls. 4. As used in the Constitution, it includes all election sin the country. 2 types of Election: 1. Regular Election--- refers to an election participated in by those who possess the right of suffrage and not otherwise disqualified by law and who are registered voters. (Note that the election for Sangguniang Kabataan is NOT a regular election because it is participated in by the youth ages 15- 21, some of whom are NOT qualified to vote in national and local elections. 2. Special Election --- One which is held where there is a failure of election on the scheduled date of regular election in a particular place or which is conducted to fill up certain vacancies, as provided by law. How election laws are construed: ---Election laws should be reasonably and liberally construed to effectuate and safeguard the will of the electorate in the choice of their representatives. Election laws may be divided into 3 parts for purposes of applying the rules of construction: 1. Refers to the provisions for the conduct of elections which election officials are required to follow. • The rules are mandatory before the election but when it is sought to enforce them after the elections are held, they are directory only. 2. those provisions which candidates for office are required to do and comply with


This is mandatory. This pertains to the qualifications, filing of certificate of candidacy, defining election offenses. Failure to comply with such provisions is fatal because they are mandatory. 3. those procedural rules which are designed to ascertain, in case of dispute, the actual winner in the elections. • Provisions designed to determine the will of the electorate are liberally construed. Election period ---it shall commence 90 days before the day of the election and shall end 30 days thereafter. Campaign Period: 1. Presidential and Vice- Pres elections---90 days 2. Senators and Congressmen and local election--- 45 days 3. Barangay election--- 15 days. 4. Special election--- 45 days NOTE: Campaign period shall NOT include the day before and the day of the election. Campaign period is important because certain partisan political activities are prohibited outside the campaign period. The following political activities are permitted outside the campaign period: 1. those performed for the purpose of enhancing the chances of aspirants for nomination for candidacy to a public office by a political party, aggroupment or coalition of parties. 2. public expressions or opinions of probable issues in the forthcoming elections or on attributes of or criticisms in a forthcoming political party convention. Grounds of Postponement of election (V-O-T-R- F): 1. violence 2. other analogous causes of such nature that the holding of a free, orderly and honest election should become impossible 3. terrorism 4. loss or destruction of election paraphernalia or records 5. force majeure Based on such grounds, COMELEC may motu proprio or upon petition, after due notice and hearing declare or postpone the election to a date reasonably close but not later than 30 days after the cessation of the cause of the postponement (this period is only directory). Grounds for failure of election (O-F-F T-V): 1. Other analogous cases 2. force majeure 3. fraud 4. terrorism 5. violence These grounds must cause the election to be not held on the date fixed or after voting and during the preparation, transmission of the ER or after the voting and during the preparation and the transmission of the ER or in the custody or canvass thereof, such election results in failure to elect and such failure would affect the result of the election.


COMELEC shall on the basis of the verified petition, after due notice and hearing call for the continuation of the election not held, suspended or which resulted in a failure to elect on a reasonably close date in which case NOT later than 30 days after the cessation of the cause of such failure. NOTE: The postponement or failure of election and calling of special election shall be decided by only COMELEC en banc. Pre-condition for declaring failure of election: 1. that no voting has been held in any precinct because of force majeure, violence or terrorism and 2. that the votes not cast therein are sufficient to affect the results of the election. NOTE: The two must concur to justify a special election. The grounds may occur before or after the casting of votes or on the day of the election. Particulars: 1. There is failure of election when NO actual voting took place, or even if there is, there is failure to elect, as when the ballot box is snatched, burned or lost. The fact that there is very low turnout of voters in certain precincts does NOT justify a declaration of failure of election. All that the law requires is that a winning candidate must be elected by a plurality of valid votes, regardless of the actual number of ballots cast or the number of registered voters in the precinct concerned. 2. Destruction and loss of copies of ER intended for BOC on account of violence is NOT failure of election. 3. There is failure of election only when the will of the electorate has been muted and cannot be ascertained. If the will of the people is determinable, the election must be respected. 4. General rule is that terrorism may NOT justify declaration of failure of election through the misdeeds of only a few. However, where terrorism is so prevalent as to warrant a declaration that no voting actually took place, then there is failure of election. 5. Mere fact hat the transfer of polling place was NOT made in accordance with law does NOT justify failure of election UNLESS the number of uncast votes will affect the results of the election 6. Unlike PPC where COMELEC cannot go beyond the face of the ER, in an action for annulment of ER or for declaration of failure of election, COMELEC is duty bound to investigate the allegations and may even conduct technical examination. Requisites for holding special election: 1. there is a failure of election and 2. that such failure would affect the results of the election Jurisprudence1

1. To annul an election, two conditions must be present:
[a] the illegality must affect more than 50% of the votes cast, and [b} the good votes can be distinguished from the bad votes.


Lifted from Atty. Alberto Agra’s Election law handouts.


2. If there is failure of elections, no winner can be declared2. If the alleged fraud and
irregularities did not prevent or suspend the holding of the elections, there is no failure of elections3. There is also no failure when 220 out of the 316 registered voters in the questioned precincts were able to vote. There can be failure of election in a political unit only if the will of the majority has been defiled and cannot be ascertained.4 Simply deducting the election results of certain municipalities subject of a petition for failure of elections does not necessarily establish the theory that the over-all election will not change. The possibility that the results of the special elections may still change the standing of the candidates cannot be discounted5.

3. To warrant a declaration of failure of elections, the commission of fraud must be such
that it prevented or suspended the holding of an election, or the preparation and transmission, custody and canvass of the election returns. These essential facts must be established6. In such case, the winner cannot be determined or that nobody emerged as winner. The proper remedy in assailing that election returns were manufactured as they were allegedly prepared by one person is to seek a recount which is a proper subject of an election protest.7

4. There is failure of elections when the venue for counting was transferred without
notice to or conformity of the candidates and watchers and where canvassing was done without their presence. While casting took place, the irregularities that marred the counting and canvassing must result in failure to elect8.

5. There is no failure of elections when after the firing of guns, voting resumed9. There
is also no failure on the grounds that there were ballot box snatching, ballots were filled up with the name of respondent, ballots were not signed at the back by members of the board of election inspectors10, and massive substitution of voters11.

6. Manual Counting of votes when automated machines failed to read the ballots is not
a ground for failure since voters were able to cast their votes freely and votes were counted correctly.12

7. The fact that a candidate for provincial office has been proclaimed and has assumed
office does not deprive the Comelec of its authority to annul any canvass and illegal proclamation13.

8. Only the Comelec en banc has the authority to declare a failure of elections14.
2 3

Carlos v. Angeles, G.R. No. 142907, November 29, 2000 Tan v. COMELEC, G.R. No.148575, December 10,2003 4 Batabor v. COMELEC, 434 SCRA 630 [2004] 5 Alauya v. COMELEC, 395 SCRA 742 6 Banaga v. COMELEC, G.R. No. 134696, July 31, 2000; Sison v. COMELEC, 304 SCRA 170 7 Typoco v. COMELEC, G.R. No. 136191, November 29,1999 8 Soliva v. COMELEC, G.R. No. 141723, April 20,.2001 9 Benito v. COMELEC, 349 SCRA 705 10 Pasandalan v. COMELEC, G.R. No. 150312, July 18,2002 11 Macabago v. COMELEC, G.R. No. 152163, November 18,2002 12 Loong v. COMELEC, 305 SCRA 832 13 Ampatuan v. COMELEC, G.R. No. 149803, January 31,2002 14 Section 4, Republic Act No. 7166


10. COMELEC. 152151-52. Changes may be initiated by written petition of the majority of the voters of the polling place or agreement of all the political parties or by resolution of the Comelec after notice and hearing16. and comparison of signatures which is not the case in pre-proclamation cases. COMELEC. Registration & Qualification of Voters Qualifications for Suffrage: • Filipino citizen • not disqualified by law • at least 18 years of age (except in Sangguniang Kabataan elections) • has resided in the Philippines for at least 1 year preceding the election • has resided in the place wherein they propose to vote for at least 6 months preceding the election * Residence here pertains to domicile A person may be absent from his domicile for a long period of time but so long as he has the intent to return to his domicile and no intent to settle in the place where he is physically present. such disability not having been removed by plenary pardon or amnesty.1999 Cawasa v. may vote for president. he is still considered a resident of his original domicile. The following are disqualified from voting under RA 9189: 1. The Comelec can set a date after the 30-day period from the cessation of the cause of the failure of election when the dates for the special election were the nearest dates available from the time the failure was determined15.2003 5 . No.R.R.9. however. A special election may also be ordered by the Comelec when the transfer of the polling place was made in blatant disregard of Comelec Resolution No. senators and party-list representatives. 134340. An action for declaration of failure of elections is different from a pre-proclamation controversy. at least eighteen (18) years of age on the day of elections. COMELEC. who are not otherwise disqualified by law. November 25. 2. 4360 specifying the polling places and also Sections 153 and 154 of the Omnibus Election Code. No. technical examination of election documents. vice-president. Those who have lost their Filipino citizenship in accordance with Philippine laws. G. Provided. No. The former case involves an examination of election fraud. Those who have committed and are convicted in a final judgment by a court l of an offense punishable by imprisonment of not less than one (1) year. Republic Act No. 9189 or the Overseas Absentee Voting Act of 2003 • All citizens of the Philippines abroad.2002 17 Alauya v. G. January 22. 150469.17 B. 3. Those who have expressly renounced their Philippine citizenship and who have pledged allegiance to a foreign country. That any person disqualified to vote under this subsection 15 16 Pangandaman v. including those who have committed and been found guilty of Disloyalty as defined under Article 137 of the Revised Penal Code. July 3.R. G.

the Supreme Court upheld the action of the COMELEC in denying petitioner’s request for 2 additional registration days in order to enfranchise around 4 million youth who failed to register on or before 27 December 2000. an affidavit prepared for the purpose by the Commission declaring that he/she shall resume actual physical permanent residence in the Philippines not later than three (3) years from approval of his/her registration under this Act. An immigrant or a permanent resident who is recognized as such in the host country. 6 . Such affidavit shall also state that he/she has not applied for citizenship in another country. upon registration. date and time of hearing of petition shall be served upon members of the Board and challenged voter upon petition. Who are disqualified from registering: 1) person sentenced by final judgment to suffer imprisonment of not less than 1 year. BUT any person disqualified under this rule shall automatically reacquire the right to vote upon expiration of 5 years after service of sentence. Failure to return shall be the cause for the removal of the name of the immigrant or permanent resident from the National Registry of Absentee Voters and his/her permanent disqualification to vote in absentia. violation of firearms law or crime against national security. 4. May be personally or registered mail. That the COMELEC may take cognizance of final judgments issued by foreign courts or tribunals only on the basis of reciprocity and subject to the formalities and processes prescribed by the Rules of Court on execution of judgments. 2) Petition shall refer only to 1 precinct and implead Board as respondents. GR No. However such registration cannot be conducted during the period starting 120 days before a regular election and 90 days before a special election In Akbayan Youth vs. the notice shall be posted din 2 conspicuous places. COMELEC. Provided. exclusion and correction of names of voters: 1) Notice of place. 147066 26 March 2001. as verified by the Philippine embassies.shall automatically acquire the right to vote upon expiration of five (5) years after service of sentence. 2) Person adjudged by final judgment of having committed a crime involving disloyalty to government such as rebellion. BUT any person disqualified under this rule shall automatically reacquire the right to vote upon expiration of 5 years after service of sentence. sedition. Common rules governing judicial proceedings of inclusion. unless such competent authority subsequently certifies that such person is no longer insane or incompetent. If NOT practicable. unless he/she executes. 8189. otherwise known as the Voter’s Registration Act of 1996 • Provides for a system of a permanent list of voters as well as continuing registration of voters • There shall be a continuing registration of voters. Any citizen of the Philippines abroad previously declared insane or incompetent by competent authority in the Philippines or abroad. consulates or foreign service establishments concerned. further. Republic Act No. 3) Insane or incompetent persons declared as such by competent authority UNLESS subsequently declared by proper authority no longer insane. 5.

address and precinct of the challenge voter at anytime EXCEPT 100 days prior to a regular election or 65 days before a special election. Petition for Inclusion of Voters in the List: Any person whose application for registration has been disapproved by Board or whose name was stricken out from the list may file with Municipal Trial Court a petition to include his name in the permanent list of voters EXCEPT 105 days prior to a regular election or 75 days prior to special election. 2. It shall be decide within 10 days from its filing. Petition shall be decided within 15 days after its filing. The following cannot be registered as political parties: 1. Regional Trial Court shall decide the appeal within 10 days from time it is received. Political Parties Political Party • An organized group of persons pursuing the same ideology. may file with Municipal Trial Court a sworn petition for the exclusion of voter from the permanent list of voters giving the name. Petition shall be accompanied by proof of service of notice to Board and to the challenged voter. Decisions of Municipal Trial Court may be appealed by aggrieved party to Regional Trial Court within 5 days from receipt of notice thereof.3) No costs shall be assessed unless the application was made only to harass. court shall decide these petitions NOT later than 15 days before the election. 5) Decision shall be based on evidence and in NO case rendered upon stipulation of facts. Petition for Exclusion of Voters from List: Any registered voter. If question is about the voter being fictitious. such will become final and executory. In all cases. C. his non-appearance for that day shall be prima facie evidence that such voter is fictitious. candidate or political party affected may intervene. political ideas or platforms of government including its branches and subdivisions. Such decision becomes final and executory. 6) Petition shall be heard and decided within 10 days from the date of its filing. rep of political party or Election Officer. Forfeiture of a Status of a Registered Political Party 7 . Otherwise. Cases appealed to Regional Trial Court shall be decided within 10 days from receipt of appeal. NO Motion for Reconsideration. Jurisdiction in Inclusion and Exclusion Cases. 4) Any voter. It shall be supported by a certificate of disapproval of his application and proof of service of notice of his petition upon the Board. 4. means Religious sects those which seek to achieve their goals through violence or unlawful those which refuse to uphold the Constitution those supported by foreign governments 3. Municipal Trial Court shall have original and exclusive jurisdiction over all cases of inclusion and exclusion of voters in their respective territorial jurisdiction.

The Supreme Court rejected the COMELEC’s application of a simplified formula of “one additional seat per additional two percent [of the total party-list votes obtained]” that it adopted in COMELEC Resolution No. regional and sectoral parties or organizations or coalitions thereof registered with the COMELEC. • Any party already registered need not register anew but instead must file a manifestation not later than 90 days before the election • Party-lists receiving at least 2% of the total votes cast for the party-list system shall be entitled to 1 seat each. • No party shall be entitled to more than 3 seats • The number of party-list seal is determined using this formula: number of district representatives/0. the status shall be deemed forfeited if the political party. GR No. G. No. the Court still denied CIBAC’s petition for a second congressional seat for 8 .R. which denied the motion filed by the Citizens’ Battle Against Corruption (CIBAC) for the proclamation of its second nominee in the 2004 party-list elections. COMELEC G. October 6. • No rounding off allowed Jurisprudence Political Parties may be considered as party-lists if they represent the marginalized and underrepresented sectors. v. 06-0248. of X Seats Allocated First Party to Additional The correct formula used in determining the number of additional congressional seats a winning party-list is entitled to should be strictly implemented. 2007 Formula in Computing Number of Seats for Party-Lists Votes Cast for Qualifed Party Additional Seats = ------------------------------------Votes Cast for First Party No. parties and organizations. 136781. April 13. COMELEC. 427 SCRA 712 Citizens’ Battle Against Corruption v. However. otherwise known as the Party List System Act • The party-list system is a mechanism of proportional representation in the election of representatives to the House of Representatives from national. 136781. singly or in coalition with others. consistent with the Supreme Court’s decision in the 6 Oct 2000 case of Veterans Federation Party. COMELEC. No.al v.R. 147589 26 June 2001) Veterans Federation Party et. 2000 Aklat Asosasyon Para sa Kaunlaran ng Lipunan at Adhikain para sa Tao v. (Ang Bagong Bayani-OFW Labor Party vs.20.No.80x0.R.• After notice and hearing. Commission on Elections. G. COMELEC. 7941. fails to obtain at least 10% of the votes cast in the constituency in which it nominated and supported a candidate in the election next following its registration. et al. Republic Act No. 172103.

It advocates violence or unlawful means to seek its goal. organized for religious purposes. or 8. It declares untruthful statements in its petition. Nomination of party-list reps should not include any candidate for any elective office or a person who has lost his bid for an elective office in the immediately preceding election. 5. a registered voter 3. a bona fide member of the party or organization which he seeks to represent for at least ninety (90) days preceding the day of the election 6. It is receiving support from any foreign government. a resident of the Philippines for a period of not less than one (1) year immediately preceding the day of the election 4. Qualifications of a Party-List Nominee: 1. organization. organization or association. It is a foreign party or organization. able to read and write 5. 2. whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes. 6. 7. It has ceased to exist for at least one (1) year. 3. In case of a nominee of the youth sector. he must at least be twenty-five (25) but not more than thirty (30) years of age on the day of the election. foreign political party. 9 . It violates or fails to comply with laws. rules or regulations relating to elections.failure of the party-list to garner an adequate number of votes even under the correct Veterans formula. It is a religious sect or denomination. Any youth sectoral representative who attains the age of thirty (30) during his term shall be allowed to continue in office until the expiration of his term. 4. foundation. natural-born citizen of the Philippines 2. is at least twenty-five (25) years of age on the day of the election. Grounds for refusing or canceling registration of Party-List Groups: 1. It fails to participate in the last two (2) preceding elections or fails to obtain at least two per centum (2%) of the votes cast under the party-list system in the two (2) preceding elections for the constituency in which it has registered.

able to read and write 4. natural born citizen of the Philippines 10 . Eligibility of Candidates Qualification • Qualifications prescribed by law are continuing requirements and must be possessed for the duration of the officer’s active tenure. able to read and write 4. registered voter 5. at least 35 years old on the day of the election 3. COMELEC. natural born citizen of the Philippines 2. including those under the party list. Labo vs. • Since the privilege of holding office is a valuable one. natural born citizen of the Philippines 2. Party. (Frivaldo vs. resident thereof for a period of not less than 1 year immediately preceding the day of the election Qualification for Sectoral representative: 1. his election to office shall be null and void. natural born citizen of the Philippines 2. registered voter in the constituency in which he shall be elected 5. D.list reps constitute 20% of the total number of the members of the House of Representatives. resident of the Philippines for at least 10 years immediately preceding the election. Qualifications for president and VP 1. Qualifications for Senator: 1. Once any of the required qualifications is lost. resident of the Philippines for not less than 2 years immediately preceding the day of the election Qualifications for District Representative: 1. COMELEC.Incumbent sectoral representatives in the House of Representatives who are nominated in the party-list system shall not be considered resigned. able to read and write 4. 174 SCRA 245. at least 40 years of age on the day of election 5. it should be liberally construed in favor of eligibility • Provisions of the Constitution or law prescribing qualifications and disqualifications are mandatory so that if a candidate who does NOT possess the required qualifications or is disqualified is ineligible. on the day of election at least 25 years old 3. registered voter 3. 176 SCRA 1) Power of Congress to prescribe qualifications and disqualifications: • Congress has the power to prescribe additional qualifications and disqualifications. his title to the office may be seasonably challenged.

vice-mayor. member of sangguniang panlalawigan. sangguniang bayan and sangguniang barangay. resident thereof for a period of not less than 1 year immediately preceding the day of the election Citizenship • It must be possessed at the latest as of the time he is proclaimed and at the start of the term of office to which he has been elected Residence: • means domicile or the individual’s permanent home. One who has given money or materials to influence or corrupt voters or public officials performing electoral functions 2. at least 18 years old for members of the sangguniang panglungsod. Vice-Governor. COMELEC. resident of the Philippines for a period not less than 1 year immediately preceding the ay of the election 4. 11 . at least 25 years and not more than 30 years old at the day of the election Qualifications for Local Officials: 1. Declared as incompetent or insane by competent authority 2. Sentenced by final judgment for subversion. able to read and write 4. A permanent resident of or an immigrant to a foreign country. rebellion or any offense for which he has been sentenced to a penalty of more than 18 months imprisonment 3. unless he has waived his status as such. able to read and write 3. COMELEC. One who has spent in his election campaign an amount in excess of that allowed by law. on the day of election at least 23 years old for Governor. sangguniang panglungsod in highly urbanized cities while at least 21 years old for the said officials in component cities and municipalities. on the day of the election is at least 25 years old BUT in case of youth sectoral representative.2. GR No. mayor. • Caasi vs. citizen of the Philippines 2. • It includes the twin elements of a) physical presence in a fixed place and b) animus manendi or the intention of returning there permanently DISQUALIFICATIONS Disqualifications under the Omnibus Election Code: 1. bona fide member of the sector he seeks to represent 5. 191 SCRA 229 *The disqualification is lifted after the expiration of 5 years from service of sentence Disqualification as a result of election offenses under Section 68 of the Omnibus Election Code: 1. 148326 15 November 2001 (violation of BP 22 is considered as moral turpitude) 4. insurrection. registered voter in the constituency in the locality 5. Sentenced by final judgment for a crime involving moral turpitude • Villaber vs. at least 15 years old and not more than 21 years of age for Sangguniang kabataan 3. One who has committed acts of terrorism to enhance his candidacy 3.

) 3. flee to avoid prosecution) • Rodriguez vs.) 5. and the distribution of medals to schools. COMELEC. COMELEC. Nuisance candidate 2. are not disqualified. 148075 04 February 2002 (The acts of Laguna Governor Lazaro in ordering the purchase of trophies. those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by 1 year or more imprisonment within 2 years after serving sentence • Dela Torre vs. those removed from office as a result of an administrative case • Grego vs. COMELEC. GR No. 243 SCRA 538 (A fugitive from justice includes not only those who flee after conviction to avoid punishment but also those who. those with dual citizenship • Mercado vs. after being charged. GR No. One who has committed prohibited acts under Sec. 78 as to material misrepresentations in the certificate of candidacy Nuisance Candidate: A nuisance candidate is one who files a certificate of candidacy: 1. Violation of Section 73 with regard to the certificate of candidacy 3. 125955 19 June 1997 (local officials removed from office as a result of an administrative case prior to the effectivity of the LGC on 01 January 1992. Persons with mere dual citizens are not disqualified. basketballs. those convicted by final judgment for violating oath of allegiance to the Republic 4. fugitives from justice in criminal or nonpolitical cases here and abroad • Marquez vs COMELEC. 80 (campaign period). received or made prohibited contributions 5. • Petition to disqualify a candidate for being a nuisance candidate must be filed within 5 days from last day of filing of certificate of candidacy Disqualifications under the Local Government Code (applicable to local officials only): 1. 120099 24 July 1996 (One is not a fugitive from justice when his arrival in the Philippines preceded the filing of felony complaints and issuance of arrest warrants by a foreign court) 6. Manzano. permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right after the effectivity of this Code 12 . are not violative of Section 80 as to premature campaigning considering that the Governor was not soliciting votes but in fact was performing her duties imposed by law. Sec 83 (removal. COMELEC. Sec 86 (regulation of propaganda through mass media) and Dec 261 (election offenses).4. GR No. to put the election process in mockery or disrepute 2. destruction of lawful election paraphernalia. • Pangkat-Laguna vs.) Other disqualifications under the OEC: 1. GR No. in other circumstances which clearly demonstrate that the candidate has NO bona fide intention to run for the office and to prevent a faithful determination of the true will of the electorate. One who has solicited. Sec 85 (prohibited forms of propaganda). 307 SCRA 630 (dual citizenship here pertains to dual allegiance. etc. to cause confusion among the voters by the similarity of the names 3. Violation of Sec. 121592 05 July 1996 (probation simply suspends the execution of sentence but it does not erase the disqualification brought about by the conviction of a crime involving moral turpitude) 2.

R. ordered to vacate by reason of an election protest case24. 4. Thus. 135150. However. September 3. it is not enough that an individual has served three consecutive terms in an elective local office. If a public official is NOT removed before his term. Policy on 3-Term Ban for Local Officials18 The 3-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.R. in which case. No. he can no longer be removed if he is thereafter reelected for another term. September 3. and Officer assuming a local government post (even is served for three consecutive terms) after winning in a recall election (since not considered an immediate reelection)26. a 3-term municipal mayor cannot seek office as a city mayor in the 1st elections of city officials after the municipality has been converted to a city considering that the area and inhabitants of the locality are the same and that the municipal mayor continued to hold office until such time as city elections are held. G. the following situations (tenures in office) are not considered service of term for purposes of applying the 3-term limit: 1. July 28. G. the insane or feeble-minded Rules on admin charges: 1. Consequently. His reelection does NOT remove his ineligibility NOR render the admin charge against him moot and academic 2.2002 13 . No. Officer suspended from office (failed to serve full term)23. 154512.7.R. No. 1999 21 Socrates v. COMELEC.R. No. COMELEC. he/she must also have been elected to the same position for the same number of times before the disqualification can apply19. No. G. G. the administrative case is still pending.2002 Socrates v. the three conditions which must concur for the application of the disqualifications are: [1] that the official concerned has been elected for three consecutive terms in the same local government post. G. Officer fills up a higher office (by succession/operation of law)22. 5. Officer serving unexpired term after winning in the recall elections25. 147927. COMELEC. COMELEC. 3. Borja v. November 12.R. [2] that he/she fully served three consecutive terms 20. 1999 25 26 Adormeo v. 133495. No. November 12. this does not mean that for the purpose of 18 19 Lifted from Atty. 2. 135150. G. the reelection or election will operate as a condonation of the official’s previous misconduct. 133495. July 28.1998 20 Lonzanida v.133495. G. 154512. 3. [3] that he/she was elected in a regular election.2002 22 Borja v. It would have been a different situation if at the time of his reelection. Officer unseated. Alberto Agra’s Election Law handouts.R.21 Applying said policy. 1998 24 Lonzanida v.R. While the city acquired a new corporate existence separate and distinct from that of the municipality. Commission on Electing. No.R. No. COMELEC. Commission on Electing. COMELEC. a local official who was dismissed after he was found administratively guilty in a decision that became final PRIOR to the election is NOT qualified to run for reelection. 1998 23 Borja v. G. February 4. September 3.

March 19. 48 Phil 211) Where a candidate files his sworn CEC for mayor on a date and thereafter he asked for his CEC and intercalated the word “vice: before the word mayor. but later declared in a sworn letter that he is running for mayor. to put the election process in mockery or disrepute 2. Republic Act No. No. COMELEC. 7160. except if the substitute candidate has the same surname Nuisance Candidate A nuisance candidate is one who files a certificate of candidacy: 1. While officials holding elective positions shall continue to hold office whether he is running for the same or different position. ArticleX. in other circumstances which clearly demonstrate that the candidate has NO bona fide intention to run for the office and to prevent a faithful determination of the true will of the electorate.applying the constitutional provision on term limitations. Procedure: 27 28 Latasa v. 9164. 9164 which authorizes the hold-over of incumbent barangay officials until their successors are elected is valid. such candidate can validly run for mayor because the intercalation was not made under oath. 1987 Constitution. Section 43. COMELEC. COMELEC. G. votes cast for substituted candidates are considered stray. including members of the AFP and officers of GOCCs shall be considered ipso facto resigned upon their filing of CEC. However. to cause confusion among the voters by the similarity of the names 3. the office of the municipal mayor would be construed as different from hat of the office of the city mayor27. Board of Canvassers. the election of a candidate cannot be annulled on the formal defect of lack of oath (De Guzman vs. 438 SCRA 319 [2004] 14 . The term of all local officials including barangay officials (and sangguniang kabataan officials) 28 is three years.R. Republic Act No. CEC must be under oath. • • • Rules on Substitution and Withdrawal of Candidacy (Go vs. December 12.2003 Section 8.29 E.. GR No. Officials holding appointive offices. 154829. Section 5 of Republic Act No. criminal or administrative liabilities the substituted candidate may have already incurred • In case of valid substitutions. 147701 10 May 2001) • A candidate may withdraw his candidacy anytime before election day • Substitution is only allowed in cases of : death. Certificate of Candidacy • • Must be filed on any day from the commencement of the lection period but not later than the day before the beginning of the campaign period A person who runs for elective office but did NOT file a certificate of candidacy is NOT a candidate at all. withdrawal or disqualification • No substitution is allowed for an independent candidate • No person who has withdrawn his candidacy for a position shall be eligible as a substituted candidate for any position • The filing of a withdrawal shall not affect the civil. 2002 29 Sambarani v.

8. Summary proceeding. 5. his having received the highest number of votes does NOT validate his election. hence the 2nd placer shall be proclaimed. if a candidate has NOT been declared disqualified by final judgment BEFORE the election and he is voted for and won. the votes cast in his favor are stray votes. the law on succession to office shall apply. • BUT. NC shall be given 3 days from receipt of summons within which to file his verified answer (not Motion to Dismiss). 7. • If candidate was disqualified after the election. COMELEC shall within 24 hours disseminate its decision to the election registrars. • Since a disqualified candidate is NO candidate at all. he shall not be voted for and any votes cast in his favor shall NOT be counted.1. COMELEC shall render its decision within 5 days from receipt thereof. parties shall submit affidavits and counteraffidavits. Grounds for Motion to Dismiss may be raised as affirmative defenses. his having obtained the highest number of votes did NOT make his election valid. 6. verified petition shall be filed personally or through a duly authorized representative with COMELEC by any registered candidate for the same office within 5 days from the last day for the filing of certificate of candidacy. within 3 days from filing the petition. • If candidate was disqualified BEFORE the election but was voted for and won. • where a petition for disqualification was filed before election but was adversely resolved against said candidate after the election. the court or COMELEC shall continue with the trial and hearing and upon motion of complainant may. • A petition for disqualification filed AFTER election does NOT have the same effect as the one filed before the election. Decision of COMELEC shall become final and executory after 5 days from receipt of a copy thereof by parties unless stayed by Supreme Court. BEI and public. COMELEC may designate its lawyer to hear and receive evidence. Election Propaganda and Campaign 15 . Hearing officer shall submit findings to COMELEC within 5 days from completion of submission of evidence. Instead. serving a copy thereof to the petitioner. In lieu of oral testimonies. Petition to Deny Due Course to or cancel a certificate of candidacy • Exclusive ground is material representation in the certificate of Candidacy is false • The petition should be filed not later than 25 days from the filing of the CEC • It should be decided not later than 15 days before the election after due notice and hearing • Jurisdiction lies with the COMELEC in division Effects of disqualification • If candidate is disqualified before election. It may be filed motu prorio or upon a verified petition 2. 3. the 2nd placer will NOT be proclaimed. COMELEC shall issue summons to respondent nuisance candidate (NC) 4. during the pendency thereof order the suspension of proclamation. • A disqualified candidate is NO candidate at all. It is a petition for QW F.

parades. It includes: (1) Forming organizations. 9006.Election campaign” or “partisan political activity” • refers to an act designed to promote the election or defeat of a particular candidate or candidates to a public office. 67 of the OEC. rallies. or association of persons. or holding interviews for or against the election of any candidate for public office. • The Comelec shall procure free space and airtime to be equally and impartially allocated to candidates. whether or not a voter or candidate. * Acts performed for the purpose of enhancing the chances of aspirants for nomination for candidacy to a public office by a political party are NOT considered as election campaign. Vice-President and Senators. (2) Holding political caucuses. aid candidates 2. one hundred sixty-five (165) days before the day of the election. (3) Making speeches. clubs. or for any party. (4) Publishing or distributing campaign literature or materials designed to support or oppose the election of any candidate. pledges or support for or against a candidate. elective officers are not considered resigned upon filing of the CEC • Lifted the political ad ban • Paid political advertisements at discounted rates allowed for national and local candidates in television (120 minutes for nationally elective office/ or 60 for local0. Nomination and selection of official candidates: No political convention or meeting for the nomination or selection of the official candidates of any political party or organization or political groups or coalition thereof shall be held earlier than the following periods: (a) For President. city or municipal officials. associations. Foreigners CANNOT: 1. meetings. otherwise known as the Fair Election Act • Repealed Sec. influence election 3. to engage in an election campaign or partisan political activity except during the campaign period. and (b) For Members of the House of Representatives and elective provincial. contribute Republic Act No. announcements or commentaries. committees or other groups of persons for the purpose of soliciting votes and/or undertaking any campaign for or against a candidate. for the purpose of soliciting votes and/or undertaking any campaign or propaganda for or against a candidate. • a candidate can only campaign during the campaign period. or other similar assemblies. • Use of gadgets and billboards allowed considering the repeal of Section 65 of the Omnibus Election Code prohibiting the use of use of billboards and audio-visual 16 . seventy-five (75) days before the day of the election. Now. print (1/4th page in broadsheet and ½ page in tabloid 3x a week) and radio (180 minutes for nationally elective office/ 90 for local). or (5) Directly or indirectly soliciting votes. • It shall be unlawful for any person. conferences.

R No. television station or any public forum during the campaign period. cinematograph or documentary portraying the life or biography of a candidate shall be publicly exhibited in a theater. lighters. t-shirts. if so required by their employer. G. Social Weather Station v. February 23. Lawful Election Propaganda Written and Printed Materials (81/2 “W x 14L”0 Letters Posters (2’ x 3’) Rally Streamers (3’ x 8’) Paid Advertisements and Discounted rates Print: 1/4th page in broadsheet and ½ page in tabloid 3x a week Television: 120 minutes for candidate for nationally elective office and 60 for local Radio: 180 minutes for candidate for nationally elective office and 90 for local 30 31 17 .R. and • Any media personality who is a candidate for any elective public office or is a campaign volunteer for or employed or retained in any capacity by any candidate or political party shall be deemed resigned.2001 (The provision in the Act of which bars publication of election survey results within a certain period before election has been declared unconstitutional for violation of the freedom of speech). These are: • All registered parties and bona fide candidates shall have the right to reply to charges published against them. cigarettes. 120721. barangay centers. cinematography portrayed by an actor or media personality who is himself/herself a candidate shall be publicly exhibited in a theater. balloons. May 5. markets. and Exit polls may be taken While the Fair Election Act liberalized certain rules on campaign. television station or any public forum during the campaign period30 and no movie. pens. G. wallets. 147571. Political parties and partly-list groups can erect common poster areas for their candidates in not more than ten (10) public places such as plazas. 7166 provided the same are reported to the Comelec. Candidates may post any lawful propaganda material in private places with the consent of the owner thereof. With regards electoral contributions. 2005 (However. Abello v. Commission on Elections. Election surveys may be conducted and published. the law in order to ensure equitable access to media also established and clarified some rules on election propaganda.• • • • units. or shall take a leave of absence from his/her work as such during the campaign period31. fans. • No movie. • All mass media entities shall furnish the Comelec with copies of all contracts for advertising. etc. hats. tin-plate posters. No. contributions made prior to the effectivity of such law are not exempt). promoting or opposing any political party or the candidacy of any person for public office within five (5) days after its signing. Commissioner of Internal Revenue. these are exempt from payment of gift tax under Republic Act No.

including government-owned or controlled corporations. 18 .No contribution for purposes of partisan political activity shall be made directly or indirectly by any of the following: (a) Public or private financial institutions: Provided. radio or television showing the image or mentioning the name of a person who subsequent to such ad becomes a candidate can be removed as this is considered as premature campaigning (Chavez vs. 181 SCRA 529) • Propaganda materials including advertisements on print.Ten pesos (P10.Five pesos (P5. GR No.00. subdivisions or instrumentalities including government-owned or controlled corporations.Comelec free space (3 national newspapers for nationally elective officials and 1 national newspaper for local) and airtime (3 national television networks for nationally elective officials and 1 station for local0: equal allocation for all candidates for 3 calendar days Billboard. lighters. (no longer prohibited by law but not expressly allowed by Comelec) Mobile units. within one year prior to the date of the election. with goods or services or to perform construction or other works. allocations or similar privileges or concessions by the government or any of its divisions. (e) Natural and juridical persons who.000. COMELEC. cigarettes.00) for President and Vice-President. That a candidate without any political party and without support from any political party may be allowed to spend Five Pesos (P5. . have been granted loans or other accommodations in excess of P100. and (b) For political parties.000 by the government or any of its divisions. however. Tinplate-Poster. (b) Natural and juridical persons operating a public utility or in possession of or exploiting any natural resources of the nation. vehicle motorcades Rules on Prohibited Election Propaganda: • The prohibition of certain forms of election propaganda is a valid exercise of police power (Badoy vs. exemptions. . etc. subdivisions or instrumentalities. 162777 31 August 2004) The aggregate amount that a candidate or registered political party may spend for election campaign shall be as follows: (a) For candidates. incentives. (d) Natural and juridical persons who have been granted franchises.00) for every voter currently registered in the constituency or constituencies where it has official candidates. fans. (c) Natural and juridical persons who hold contracts or sub-contracts to supply the government or any of its divisions. and for other candidates Three Pesos (P3. 35 SCRA 285) • The evil sought to be avoided in regulating election propaganda does not hold true in cases of plebiscite because the electorate is asked to vote on issues NOT candidates (Sanidad vs. That nothing herein shall prevent the making of any loan to a candidate or political party by any such public or private financial institutions legally in the business of lending money. Prohibited contributions. (f) Educational institutions which have received grants of public funds amounting to no less than P100.00) for every voter currently registered in the constituency where he filed his certificate of candidacy: Provided. subdivisions or instrumentalities. shirts. . Balloons (no longer prohibited by law but not expressly allowed by Comelec) Propaganda Gadgets such as pens. and that the loan is made in accordance with laws and regulations and in the ordinary course of business.00) for every such voter. COMELEC. COMELEC.

his or her spouse or any relative within the second civil degree of consanguinity or affinity. puericulture centers. television and other public advertisements. are excluded from the prohibition. soliciting and/or accepting from any candidate for public office. lights and decorations during said meetings and rallies. • No candidate. Provided.: (a) travelling expenses of the candidates and campaign personnel in the course of the campaign and for personal expenses incident thereto. (g) political meetings and rallies and the use of sound systems. contribution or donation in cash or in kind from the commencement of the election period up to and including election day. (i) employment of counsel. agents or representatives of any political party. or from his campaign manager. (j) copying and classifying list of voters. postage. radio. and (h) Foreigners and foreign corporations. such as religious stipends. or 19 . food. the cost of which shall not be taken into account in determining the amount of expenses which a candidate or political party may have incurred under Section 100 and 101 hereof. medical clinics and hospitals. Lawful expenditures. on the day before and on the day of the election. (h) newspaper. messengers. (b) compensation of campaigners. make any donation. etc for the purpose of raising funds for an election campaign or for the support of any candidate from the commencement of the election period up to and including election day. or any person acting in their behalf. tithes. transportation. (f) rent. (d) stationery. as well as periodic payments for legitimate scholarships established and school contributions habitually made before the prohibited period. are excluded from this prohibition. school buses. contribution or gift in cash or in kind. any gift. tithes or collections on Sundays or other designated collection days. or members of the Armed Forces of the Philippines. maintenance and furnishing of campaign headquarters. investigating and challenging the right to vote of persons registered in the lists the costs of which shall not be taken into account in determining the amount of expenses which a candidate or political party may have incurred under Sections 100 and 101 hereof. (e) employment of watchers at the polls. That normal and customary religious dues or contributions.(g) Officials or employees in the Civil Service. That normal and customary religious stipends. lotteries. office or place of meetings. Prohibited raising of funds: 1. or his campaign manager. and other persons actually employed in the campaign. stenographers. agent or representative. or any structure for public use or for the use of any religious or civic organization: Provided. • The same prohibition applies to treasurers. agent or representative shall during the campaign period. freight and express delivery charges. (c) telegraph and telephone tolls. clerks. treasurers of parties or their agents. directly or indirectly. cockfights. bridges. or collections on Sundays and/or other designated collection days. 2. printing and distribution of printed matters relative to candidacy. Prohibited donations by candidates. holding dances. churches or chapels cement pavements. or undertake or contribute to the construction or repair of roads.

in the discretion of the Commission. file in duplicate with the offices of the Commission the full.000. true and itemized statement of all contributions and expenditures in connection with the election.000.00) to Thirty thousand pesos (P30. failure to file the statements or reports in connection with electoral contributions and expenditures are required herein shall constitute an administrative offense for which the offenders shall be liable to pay an administrative fine ranging from One thousand pesos (P1. within thirty (30) days after the day of the election. Statement of Contribution and expenses • Every candidate and treasurer of the political party shall.00). 20 . Board of Election Inspectors (BEI) Composition of BEI 1) A chairman 2) 2 members (one of whom will be a poll clerk) --all of whom shall be public school teachers Qualifications: 1) good moral character 2) irreproachable reputation 3) registered voter in the city or municipality 4) never been convicted of an election offense or crime punishable by more than 6 months imprisonment OR if he has pending against him an information for any election offense. Disqualification of BEI:  No person shall serve as chairman or member of the board of election inspectors if he is related within the fourth civil degree of consanguinity or affinity to any member of the board of election inspectors or to any candidate to be voted for in the polling place or his spouse. • No person elected to any public offices shall enter upon the duties of his office until he has filed the statement of contributions and expenditures herein required. COMELEC. (Pilar vs. • The same prohibition shall apply if the political party which nominated the winning candidate fails to file the statement required herein within the period prescribed by this Act. size and maximum number as may be authorized by the Commission and the cost of such printing shall not be taken into account in determining the amount of expenses which a candidate or political party may have incurred under Sections 100 and 101 hereof. It includes one who withdrew his certificate of candidacy. 245 SCRA 759) G. Powers of BEI a.(k) printing sample ballots in such color. • Except candidates for elective barangay office. Conduct the voting and counting of votes in their respective polling places. 5) Must be able to speak and write English or local dialect. • Every candidate is required to file his statement of contributions and expenditures within the prescribed period.

Purpose/ What to do with them  To be used by voters in elections  Voters place the names of candidates across the elective offices Official Sample Ballots  To be shown to public and used in demonstrating how to fill out and fold official ballots 32 Lifted from Atty. Casting and Counting of Votes Types of Ballots 32 Type Official Ballots Brief Description Form prescribed by the Comelec. 5. be furnished with a certificate of the number of votes cast for each candidate duly signed and thumbmarked by the members of the BEI. must know how to read and write Pilipino. sufficient space to be filled by voters.b. Witness and inform themselves of the proceedings of the BEI 3. ovals across names or numbers Similar in from to Official Ballots (no security markings and not in special paper. serial numbers. take notes and photographs of the proceedings 4. printed in colored paper). of good reputation 3. H. Rights and Duties of Watchers: 1. orderly and honest manner. ballots prepared by government printing offices. or any of the prevailing local dialects. with security markings. and not related within the fourth civil degree of consanguinity or affinity to the chairman or any member of the board of election inspectors in the polling place where he seeks appointment as a watcher. qualified voter of the city or municipality 2. Qualifications of Watchers 1. English. Stay in the place reserved for them inside the polling place 2. printed on special paper. Alberto Agra’s Election Law handouts. prepared by the Commission. For manual. For automated. file protests against any irregularity or violation of the law 5. Perform such other functions prescribed by this Code or by the rules and regulations promulgated by the Commission. 21 . to assure the holding of the same in a free. and c. Act as deputies of the Commission in the supervision and control of the election in the polling places wherein they are assigned. shall not have been convicted by final judgment of any election offense or of any other crime 4. ballot contains elective offices and across them.

no sufficient ballots or where they are destroyed  Considered as marked ballots  Shall not be counted  Placed envelop labeled ‘marked ballots’. No voter shall change his/her ballot more than 2x Ballots with different serial numbers than that given before voter prepared ballot Ballots returned by voter without detachable coupon Ballots with separately printed serial numbers Officials ballots not used in the elections at the precinct level Excess Ballots Official Ballots in excess of number of voter who actually voted (determined after voting hours and before counting). prepared by Local Treasurer. Parties and candidates must be notified and agree in writing to their use Ballots that were used by voter found in the ballot box but are not official ballots    Not to be used in the elections Election Propaganda Promotes Candidates Spoiled Ballots Spurious Ballots Unused Ballots Official Ballots given to a voter which he/she accidentally tears. shall publicly draw out as may ballots as may equal to the excess To be used in elections in the event of failure to receive the official ballots on time. not official ballots. mixed and the poll clerk without seeing the ballots and with his/her back to the box. All ballots are returned in the box. placed in compartment of valid ballots  Ballots must be marked by the Board of Election Inspectors as ‘spoiled’ and signed  Chair notes in voting record  Ballot deposited in ballot box (compartment for spoiled ballots) Not be used in elections unless Comelec authorizes their use  Number of unused ballots will be determined  List to be prepared and signed by Board of Election Inspectors  Ballots shall be torn halfway  Excess ballots placed in an envelope which shall be marked “excess ballots’ and which shall be sealed and signed by the members of the board of election inspectors  The envelope shall be placed in the 22 .Sample Ballots Emergency Ballots Non-Official Ballots Should not contain any name of any candidate Prepared by Political Parties and Candidates showing list of supported candidates Similar in form to Official Ballots.

has contributed. for using the name of another or suffering from existing disqualification. but its contents shall not be read in the counting of votes Shall not be counted Placed envelope labeled ‘marked ballots’. but in case of his refusal to take such oath. At least a majority of the board of election inspectors determine whether or not ballots is marked   compartment for valid ballots. or specimen signatures in his approved application in the book of voters or if he is identified under oath by a member of the BEI. • The challenged person shall take a prescribed oath before the BEI that he has not committed any of the acts alleged in the challenge. has paid. those that contain irrelevant markings and nonofficial b allots (except emergency ballots) found in ballot box. those that contain irrelevant identities. fingerprints. • The BEI shall satisfy itself as to whether or not the ground for the challenge is true by requiring proof of registration or the identity of the voter • No voter shall be required to present his voter's affidavit on election day unless his identity is challenged. • Any voter. placed in compartment of valid ballots Challenge of illegal voters. Challenge based on certain illegal acts. • Upon the taking of such oath. the challenge shall be dismissed and the challenged voter shall be allowed to vote.Marked Ballots Ballots used by voters that reveal their identities. or watcher may challenge any person offering to vote for not being registered. shall not preclude him from voting if his identity be shown from the photograph. 2) that he has made or received a promise to influence the giving or withholding of any such vote or 3) that he has made a bet or is interested directly or indirectly in a bet which depends upon the result of the election. offered or promised to contribute money or anything of value as consideration for his vote or for the vote of another. His failure or inability to produce his voter's affidavit upon being challenged. offered or promised to pay. the challenge shall be sustained and he shall not be allowed to vote. Rules on Appreciation of ballots (Please see Handouts) Jurisprudence 23 . • Any voter or watcher may challenge any voter offering to vote on the ground that: 1) the challenged person has received or expects to receive.

Pangalaliwan.” Appreciation of ballots is the function of the BEI. COMELEC. A. The Court said that two of the votes contested in Velasco’s appeal were “misplaced votes” or “votes cast for a candidate for the wrong.M. These are: “(1) a general misplacement of an entire series of names intended to be voted for the successive offices appearing in the ballot. Layesa. 2001. (c) immediately above the title for the contested office. A.Ranilo A. the names of persons who were presumably candidates for Sangguniang Barangay Kagawad were properly placed. 2007) The Supreme Court drew the line between permissible deviations from the proper way of casting ballots and flagrant disregard of the elementary rules in voting under the present electoral system. the COMELEC applied the “neighborhood rule” which refers to an exception to the rule on appreciation of misplaced votes under Section 211 (19) of the Omnibus Election Code which provides that “Any vote…in favor of a candidate for an office for which he did not present himself shall be considered a stray vote.” The Court said that the misplaced votes in these cases are credited to the candidates so indicated because the intention of the voters to so vote is unmistakable from the face of the ballots. and (3) a single misplacement of a name written (a) off-center from the designated space. Pacris v. thus defeating the secrecy of the ballot which is a cardinal feature of our election laws. not the BOC (Sanchez vs. It added that the said provision “also enforces Section 195 of the Omnibus Election Code which provides that in preparing the ballot. 153 SCRA 67) A ballot should be counted even if it was not signed at the back by the chairperson of the Board of Election inspectors33. The Court said that in appreciating the votes in question.” as Layesa’s name written on the ballots was not found on or near any of the spaces corresponding to the correct position of Punong Barangay.’” The Court enumerated the exceptions to Section 211 (19). No. in the first seven lines for that office. RTJ-981403 24 . 33 De Guzman v. Velasco v. The Court added that such votes did not fall under any of the enumerated exceptions to Section 211 (19) as the two ballots “present an unusual case of extremes – while respondent’s name was written way off its proper place.” “Section 211 (19) is meant to avoid confusion in the minds of the election officials as to the candidates actually voted for and to stave off any scheming design to identify the vote of the elector. 166931.” explained the Court. without the slightest deviation. February 22. Sison. (b) slightly underneath the line for the contested office.. COMELEC and Benigno C. March 25. each voter must ‘fill his ballot by writing in the proper place for each office the name of the individual candidate for whom he desires to vote. 99-731-RTJ. or…inexistent office. Jr.M No. GR No. or (d) in the space for an office immediately following that for which the candidate presented himself. (2) a single or double misplacement of names where such names were preceded or followed by the title of the contested office or where the voter wrote after the candidate’s name a directional symbol indicating the correct office for which the misplaced name was intended.

G. COMELEC. No. G. 14651. Upon termination of the counting. Court of Appeals.2000. Thus.R.13. the votes cast in his favor cannot be declared stray37. The neighborhood rule applies in situations where the name of candidate for punong barangay was written on the first line for barangay kagawad (the space for punong barangay was left vacant). December 13. COMELEC. directed to the President of the Senate • third copy – COMELEC 34 35 De Guzman v. A chairperson of a Board of Election Inspectors is liable for an election offense when he/she brought home the election paraphernalia42. Pangalilawan.2001 Pacris v. House of Representatives Electoral Tribunal. 2002 43 Cawasa v.to the Congress. Election Returns (ER) The copies of the election returns shall be distributed as follows: For President. The use of two or more writings in one ballot does not invalidate the ballot unless it should clearly appear that they were deliberately put by the voter to serve as identification mark38. Vice President. no. No. Sison.g. 35 used in elections Ballots that bear the incorrect nickname of a candidate even if such nickname is indicated in the certificate of candidacy are stray votes i. The appointment of military personnel as members of the board of election inspectors cannot be done since under Republic Act 6646. RTJ-98-1403.22. December 13. COMELEC. the ballot boxes must be forwarded directly to the local treasurer. July 3. Appellations of affection and friendship (e. G.2002 44 De Guzman v. A. 432 SCRA 144 [2004] 38 Ong v.2000 36 Villarosa v. 444 SCRA 538 [2004] 42 Herrera v. 426 SCRA 698 [2004] 25 .Ballots with detachable coupons (lower portion34) or with the upper stubs deposited in the compartment for valid ballots are valid. COMELEC. Senators and Members of the House of Representatives • first copy . The minutes of voting will show the existence of illiterate or physically disabled voters which necessitated voting by assistors. 330 SCRA 229 41 Cantoria v. February 19. 143351. Omnibus Election Code 39 Ong v. No. the assistor44. G.M.2000 37 Ocampo v. COMELEC. several ballots could be prepared by one person. House of Representatives Electoral Tribunal. G. COMELEC.e. not counted in favor said candidate36.M. A.R. When a candidate has not been disqualified by final judgment during Election Day and was voted for. September 14.2000. There must be a final judgment before the election in order that the votes of a disqualified candidate can be considered stray. The vote for ‘Adong’ should be considered a vote for ‘Acong’ the registered nickname of a candidate under the idem sonams rule41. This rule does not apply when name was written on second line40.R. They can only be relieved for cause and after due hearing43. March 25. Omnibus Election Code 40 Ferrer v. No. the boards of election inspectors are composed of public school teachers. 144197. 144197. No. ‘Pare ko’) do not invalidate a ballot39.city or municipal board of canvasser • second copy . 99-731-RTJ.R. Section 211. Section 211. August 14.R. no. 150469.

city or municipal board of canvassers • second copy – COMELEC • third copy . COVs shall be admissible in evidence to prove tampering. then present such copy to the BOC and demand appropriate remedy 3) To serve as evidence in the protest and in subsequent prosecution of election inspectors.citizens' arm authorized by the Commission to conduct an unofficial count • seventh copy . Functions of certificate of votes: 1) To prevent or deter the members of the BEI from altering the statements because they know of the existence of such certificates 2) To advise the candidate definitely of the number of his votes. alteration.provincial board of canvassers • fourth copy .deposited inside the compartment of the ballot box for valid ballots For local officials: • first copy . the total number of voters who voted in the precinct and the date and time issued. Only election 45 Balindong vs. 27 SCRA 567. so that in case the election statement submitted to the BOC does not tally with the certificate in his hands. Rules on COVs • COVs can only serve as evidence to prove tampering or falsification of election returns. the name of the city or municipality and province. falsification or any anomaly committed in the election returns concerned.deposited inside the compartment of the ballot box for valid ballots Certificates of Votes. COMELEC. The certificate shall contain the number of votes obtained by each candidate written in words and figures.dominant minority party sixth copy . 26 . he may proceed to treasurer’s office or COMELEC and secure the official copy of statements.citizens' arm authorized by the COMELEC to conduct an unofficial seventh copy .dominant minority party • sixth copy . the BEI shall issue a certificate of votes upon request of the watchers.dominant majority party fifth copy . That failure to present any certificate of votes shall be a bar to the presentation of other evidence to impugn the authenticity of the election returns45. It does not constitute sufficient evidence of the results of the election.dominant majority party • fifth copy . the number of the precinct.• • • count • fourth copy . and shall be signed and thumbmarked by each member of the board. Certificate of Votes as Evidence. After the counting of the votes cast. when duly authenticated by testimonial or documentary evidence presented to the board of canvassers by at least two members of the board of election inspectors who issued the certificate: Provided.

COMELEC shall designate C. Composition of the Board of Canvassers (BOC): A. COMELEC. falsification. signed and thumbmarked by the each member and not just the chairman.R. 234. or any other anomaly committed in the election returns concerned. G. when duly authenticated. Board of Canvassers (BOC) Board of Canvassers • Function: 3-Member Collegial Body tasked to Canvass Election Returns or Certificates of Canvass and Proclaim Winning Candidates. Provincial BOC: • Provincial election supervisor OR a lawyer in the regional office of the COMELEC as chairman • Provincial fiscal as vice-chairman • Provincial superintendent of schools as member B. alteration.• • • • • • returns are. Where the issue involves discrepancy in the election return. 1999 27 . resort to the certificate of votes is IN ORDER. The certificate of votes is also evidence of the votes obtained by the candidates but said certificate must be duly authenticated. June 21. A certificate of votes does NOT constitute sufficient evidence of the true and genuine results of the elections Only election returns are evidence of true and genuine results of the elections. 134293. Neither is the certified list of winning candidates sufficient evidence of the results of the elections. City BOC • City election registrar or lawyer of COMELEC as chairman • City fiscal as vice0chaitman • City superintendent of schools as member • In cities with more than 1 election registrar.46 The Certificate of Votes can only be admissible in evidence to prove tampering. Neither is the tally board sufficient evidence of the real result to the election. I. No. and NOT when it involves material defects in an election return under Section. 46 Recabo v. Municipal BOC • Election registrar or rep of COMELEC as chairman • Municipal treasure as vice-chairman • Most senior district school supervisor or in his absence a principal in the school district or the elementary school. NOTE: The relationship of the BOC with one another or with a candidate up to the 4th degree is a ground for removal or disqualification of the member of the BOC concerned.

Municipal Assessor iii. officials corresponding to those enumerated in provincial BOC at the city level. VicePresident and Senators and distributed as follows: a. In case of city BOC. Municipal Administrator ii. the following shall be substitutes IN THE ORDER NAMED: a.Rules on Substitution: 1. Registrar of Deeds iii. provincial auditor ii. COMELEC shall appoint as substitute a ranking lawyer of COMELEC 2. c. Provincial BOC shall prepare 7 copies of certificate of canvass for President. 3rd copy shall be kept by chairman of BOC d. city or municipal BOC shall canvass the ER of President. it shall prepare a certificate of canvass and proclaim the winners The BOC shall prepare the certificate of canvass duly signed and thumbmarked supported by a statement of votes received by EACH candidate in each polling place and on the basis thereof proclaim the winners. Clerk of Court nominated by Executive Judge of RTC iv. Congressman and for elective provincial officials as well as plebiscite results as submitted by the BOC of municipalities and component cities. 2nd copy to COMELEC for its canvass of election result for Senators c. provincial BOC: i. And thereafter shall prepare the certificate of canvass and proclaim the winners. 1st copy to provincial BOC for its use in its canvass b. With respect to other members. 5th. 4th copy to citizen’s arm e. Vice-Pres. 3rd copy shall be kept by Chairman of BOC d. city or municipal BOC shall prepare a certificate of canvass in 7 copies and distributed as follows: a. In case of non-availability or disqualification of CHAIRMAN of the BOC. Senators. Upon completion of the canvass. 2nd copy to COMELEC c. 4th copy given to citizen’s arm e. Any other available appointive provincial officials b. Municipal BOC: i. Clerk of Court nominated by Executive Judge of MTC iv. Any other available municipal officials Functions of the BOC 1. Congressman and for elective provincial and city or municipal officials. provincial BOC shall canvass the certificate of canvass for President. 1st copy sent to Congress directed to President of Senate for its use in the canvass of election results for President and Vice-President b. Senators. 5th. 2. BOC may constitute a canvassing committee to be composed of 3 members 28 . Vice-Pres. Failure to comply with this is an election offense 1. 6th and 7th copies shall be given to any 3 of the 6 major political parties In the discharge of its function. 6th and 7th copies shall be given to any 3 of the 6 major political parties 2.

After proclamation. BoC can enforce obedience to its lawful orders. 12. 48 hours for cities and 72 hours for provinces / districts. intimidation and absence of padlocks are not grounds for pre-proclamation issues. After all election returns/ certificates of canvass canvassed and contested returns/ certificates ruled upon. 5. duress. General public may be allowed to witness proceedings. Place will be designated. Majority votes all members (2 of 3) needed to decide disputes. May call police officers. Art VII of the Constitution which vests in Congress the authority to proclaim the winning Presidential and Vice-Presidential candidates. without interruption except to adjourn (await ERs). it may continue to perform the constitutional duty of canvassing the presidential and vice-presidential election results without need of any call for a special session by the President. padding of voters list. 10. Quorum needed. 6. BoC shall suspend canvass. No dilatory moves will be allowed. army or security officer allowed within 50 meters from canvassing room unless called in writing by the BoC to stay right outside room. insofar as it grants sweeping authority to the COMELEC to proclaim all winning candidates is unconstitutional as it is repugnant to Sec. Grounds for Pre-Proclamation Controversies are exclusive: Misappreciation of ballots. terrorism. (Makalintal vs. Senate of the Philippines.) FEATURES OF the BOC 1. Suspend canvass of questioned Election Returns / Certificates of Canvass) for Local positions and temporary tally made. Not consider evidence aliunde). 3. BoC exercise ministerial duty (i. 4. BoC is a collegial body. Resolve pre-proclamation controversies. vs. COMELEC ) • Congress may validly delegate the preliminary determination of the authenticity and due execution of the Certificates of Canvass to a Joint Congressional Committee (Ruy Elias Lopez vs. Joint Committee of Congress. BoC exercises quasi-judicial functions (i. 2. 11. Proceedings are continuous from day to day. 9.e. • Prepared by the BOC Nature of the functions of BOC: 29 .5 of RA 9189. 7166 • Section 18. • Even after Congress had adjourned its regular session.e. Canvass for National positions to proceed. Canvass shall be completed: 36 hours for municipalities. vote-buying. Comelec has control over BoC. Consider only Election Returns. 7. mechanical and mathematical computation – addition of votes. No proclamation until Comelec rules on appeal made on rulings (pre-proclamation cases) unless results will not be affected. BoC becomes functus officio. Proceedings before BoCs are summary. 4. Statement of Votes • Tabulation per precint of the votes obtained by the candidates as reflected in the ERs. Face of Election Returns. No police. Only member of BoC and Canvassing Committees and Watchers and Lawyers and Comelec Representatives allowed. Canvassing in Public. (Pimentel Jr.Congress shall act as the Board of Canvassers for the election of President and Vice President pursuant to Republic Act No. 8.

4. NO proclamation shall be made 30 . they CANNOT pass upon the validity of an ER. it should be determined that the ER which have been set aside will affect the results of the election. it merely sets the questioned ER aside and does NOT canvass the votes therein.1. The preparation of incorrect certificate of canvass and erroneous proclamation is punishable 12. with the result that the candidate obtaining the winning number of votes was NOT proclaimed may be held criminally liable. BOC is a ministerial body enjoined to canvass votes in the ER submitted to it in due form. 3. much less exclude it from the canvass. 11. If after the canvass. When so satisfied. where objection is made thereto. The death of a candidate AFTER election does NOT empower BOC to disregard the votes cast in his favor and to count the votes only of the remaining candidates and proclaim the candidate who obtains the winning votes. BOC MUST count the votes in favor of said dead candidate and to proclaim him as winner if he garners the highest number of votes BUT with information that he died. The duty of the BOC to canvass ONLY authentic or genuine ER implies that it has quasijudicial power to determine whether the ER submitted to it are genuine or not. BOC are to be satisfied of the genuiness of the ER. Its powers are limited to mechanical or mathematical function of ascertaining and declaring the apparent result of the election by adding or compiling the votes cast for each candidate as shown in the ER 2. Alleged tampering must therefore be ascertained first by BOC and in appropriate cases by COMELEC. 8. Thus. In the discharge of its duty to canvass. BOC CANNOT look beyond them to verify allegations of irregularities in the casting or counting of votes 7. When BOC may proclaim winners: • After BOC makes a ruling as to the existence of defects in the ER. It is the ministerial duty of BOC to count the results as they appear on the ER which on their face do NOT reveal any irregularities or falsities. to pave the way for the law on succession. 9. 10. namely that they are not forged and spurious. BOC is empowered to accept as correct ER which are in due form and to ascertain and declare the results as it appears therefrom. they may NOT reject the ER because of informalities or because of illegal and fraudulent practices in the election. Accepted rule is that so long as the ER appear to be authentic and duly accomplished. • The law requires that the BOC shall continue to canvass the remaining unquestioned ER. The BOC may NOT go beyond the ER to ascertain questions relating to the defects or irregularities. each ER is examined and BOC should determine whether there are material defects in the ER. a canvass based on tampered returns is illegal. 5. It cannot nullify such ER because it is vested with the COMELEC in an appeal taken by the aggrieved party from the ruling of the BOC. 6. Settled id the rule that the candidate who obtains the highest number of votes or is later declared disqualified or NOT eligible does NOT necessarily entitle the candidate who obtained the second highest to be declared as winner. A contarario. BOC which proclaimed as winners certain candidates on the basis of erroneous ER. BOC CANNOT open the ballots NOR recount the votes. It has NO juridical power and must depend exclusively upon the statements of returns made by BEI.

where such ER would affect the results of the election. 4. A proclamation made on the basis of falsified returns or returns prepared under duress. lost or destroyed Material defects in the ER When ER are tampered or falsified Discrepancies in the ER Sec 233: When ER are destroyed. COMELEC shall then order BEI to open ballot box and do a recount for the omitted candidate with notice to other candidates 31 . Any proclamation in violation of which shall be void.EXCEPT upon order of the COMELEC after due notice and hearing. upon prior authority from COMELEC may use any of the authentic ER or certified copy issued by COMELEC Sec 234: Material defects in the ER • Material defect if some requisites in form or data have been omitted in the ER. where a member NOT disqualified to sit therein has been illegally excluded. transmission. custody and appreciation of the ER 233--234--235--236--when ER are delayed. A proclamation made by BOC in defiance of the COMELEC’s order to use only genuine ER or in defiance of the COMELEC’s lawful directive to suspend proclamation. Pre-Proclamation Controversies (PPC) A PPC refers to any question pertaining to or affecting: 1. any matter raised under Sec 233. the proceedings of the BOC which may be raised by any candidate or by any registered political party or coalition of political parties before the BOC or COMELEC. J. Proclamation based on advance copies or Photostat copies of ER NOTE: A proclamation which is null and void is NO proclamation at all. BOC. • BOC shall call BEI to correct the ER • In case of omission of the name or votes of any candidate in the ER. • If the questioned ER will NOT affect the results of the election. lost or delayed • If ER is missing. 234. or 2. BOC shall obtain such missing returns from BEI • If ER are lost or destroyed. receipt. 3. BOC shall require BEI to complete the data PROVIDED that if the omitted ER CANNOT be ascertained except by recount. where its meeting was unauthorized either because it lacked the quorum or did not meet at all 6. Proclamation made on the basis of incomplete ER where the missing ones would affect the result of the lection 5. Proclamation made by BOC which is illegally constituted. When proclamation by BOC is VOID: 1. the BOC may legally proceed to make the proclamation even WITHOUT authorization from COMELEC. A proclamation made where the questioned returns set aside will affect the result of the election and the BOC proceeded to proclaim without authority from COMELEC. 235 and 236 in relation to the preparation. 2. Proclamation made by BOC which was NOT signed by majority of all members thereof 7. the COMELEC must first satisfy itself that the integrity of the ballot box has NOT been violated.

appellate jurisdiction in appeals from rulings of BOC on any issue under Sec 243 • 32 . No PPC in election of President. COMELEC has EXCLUSIVE jurisdiction over PPC. If ALL of them are tampered. Questions pertaining to the proceedings of the BOC such as: a. force. BOC shall use the ER inside the ballot box • If even the ER inside the ballot box is tampered. after satisfying itself that integrity of the ballot box has NOT been violated with due notice to other candidates. when canvassing was pre-determined and manipulated which resulted into a sham c. Issues under Secs 233. 235.Sec 235: When ER appears to be tampered or falsified • The ER must appear to be tampered or falsified AFTYER they have left the hands of the BEI or were prepared by BEI under duress. COMELEC discharges its power in the exercise of : a. upon motion of the BOC may order a recount for the sole purpose of determining the true result of the count of votes of the candidate concerned. IT may motu proprio or upon written petition and after due notice and hearing order partial or total suspension or annul a proclamation. upon prior authority of COMELEC. Sec 236: Discrepancies in the ER: • Discrepancies in the other authentic copies of the ER from a polling place or in the votes of any candidate in words and figures in the SAME ER AND the difference affects the result of the election • COMELEC. May be appealed to COMELEC within 48 hours therefrom NOTE: These grounds are EXCLUSIVE and RESTRICTIVE!! Extent of COMELEC’s jurisdiction: 1. 2. The COMELEC en banc only has jurisdiction only on MFR of the resolution of the COMELEC in division. disregard of manifest irregularities • It may be initiated or filed with BOC whose ruling is subject to appeal to COMELEC within 3 days therefrom OR directly with the COMELEC 2. lack of sufficient notice to the members of BOC d. 3. intimidation or prepared by persons other than BEI • BOC shall use the copies of ER. 234. COMELEC may order a recount if the integrity of the ballot box has been preserved and prepare a new ER with due notice to other candidates. Vice-President. 236 It shall be brought in the first instance with BOC only. PPC shall be decided by the COMELEC in division. illegal composition or proceedings of BOC b. its original jurisdiction in cases directly brought before it or b. Senators and Members of the House of Representatives • However petition to correct manifest errors or questions affecting the composition or proceedings of the BOC are allowed Scope of PPC: 1.

Notes on the 1st ground: Illegal composition or proceeding of BOC: 1. appear to be tampered with or falsified. the appreciation of votes is NOT a proceeding of BOC but of the BEI.COMELEC exercises authority to decide PPC in 2 instances: 1. 235 and 236 3. 2. If however. Even if questions on discrepancies between the number of votes appearing in statement of votes and that of ER is NOT a ground for under Sec 243. When substitute or fraudulent ER in controverted polling places were canvasses. threats. Appeal therefrom must be taken within 3 days from ruling of BOC • rulings on questions contesting ER. where a candidate objected to canvassing held by BOC. he has to take the appeal to COMELEC. and was overruled by BOC. The ER were prepared under duress . Illegal composition or proceeding of BOC 2. Proceedings of the BEI such as appreciation of ballots 2. Allegations of massive vote buying and terrorism Notes on the 2nd Ground : Material Defects in the ER 33 . nonetheless it involves the proceedings of the BOC that may be raised directly with the COMELEC under Sec 241 because the statement of votes supports the COC and is the basis of proclamation. the ruling of the BOC as a rule. hence subject of election protest and NOT PPC. no quorum and required notice to members thereof. The following are NOT PPC issues: 1. in appeals from rulings of BOC • rulings on questions contesting its composition or proceedings. otherwise it could no longer be entertained. coercion or intimidation or they are obviously manufactured or not authentic 4. COMELEC fails to decide the appeal by the beginning of the term of office involved. The 7 day period is directory. where BOC NOT constituted in accordance with law. 4. is deemed affirmed. On the basis of the records and evidence. the question of padding of the registry list of voters 3. A party seeking to raise issues beyond the ER’s face must file an election protest. However. the results of which materially affected the standing of the aggrieved candidate. 3. A PPC is summary in nature. or contain discrepancies in the same returns or in other authentic copies thereof as mentioned in Sec 233. NOTE: In PPC. Adverse party must inform BOC that he intends to appeal and within 48 hours. 2. His recourse would be to appeal the same within 3 days from the time of contested ruling. in petitions directly filed with it. The canvassed ER are incomplete. contain material defects. COMELEC is NOT to look beyond the ER which is on their face regular and authentic. the COMELEC shall summarily decide the appeal within 7 days from receipt thereof. Sec 243: the following are proper issues that may be raised in a PPC: 1. The fact that certain votes were counted by the BEI should have been invalidated 4. hence resort to examination of fingerprints or handwriting appearing on the voter’s list may NOT be allowed. 234. he must file with BOC a written and verified notice of appeal and within an unextendible period of 5 days.

6. it raises serious doubts as to the authenticity of the ER. ER is obviously manufactured where they show a great excess of votes that could have been legally cats. there can be NO valid proclamation. It may be appealed within 24 hours from promulgation. In which case. An “obviously manufactured ER” is one which is evident from its face that it is so such as when it has NOT been issued by BEI or has been manufactured by some unknown 3 rd party 3. 2. 6. 3. The same may be challenged even after the candidate has assumed office. Appeal must implead the BOC as respondents and all parties concerned. Clerk of Court shall issue summons and set it for hearing 7. Such fatal omission stamps the ER with the mark of falsity and justifies their exclusion from canvass. etc. A proclamation based on faulty tabulation of votes is flawed and a petition to correct such errors. Upon receipt of appeal. 2. Manufactured when NO elections were held or where the BERI stated that they never served or did NOT participate in any election. 34 . When mistakes pertain to omission of votes of candidate. Where voting was done buy persons other than the registered voters while the armed men dictated and prepared the ballots and ER. BOC shall call BEI to correct the returns expeditiously.1. The order for correction must be made in writing and must be promulgated. Where the ER is NOT signed by BEI. Such omissions a substantial defect that makes the ER falsified or manufactured. Omission of the signatures or initials of members of BEI in the ER is NOT a requisite form or data that could be corrected because the law requires that the signatures be affixed in public view immediately after the last voter record. The padding of list is a ground for election protest. 4. 2. BOC shall NOT proclaim winner unless the votes are NOT affected by the appeal. It is NOT enough that there is duress. COMELEC may inquire in a PPC into this question. . Where the proclamation was flawed because it was based on a clerical or mathematical error. the mere fact that the registry list of voters was padded does not render the ER obviously manufactured where the votes cast for a candidate do NOT exceed the number of voters in the padded list. That duty devolves upon the BOC and NOT the COMELEC. there was NO election at all so COMELEC may invalidate the ER. even if filed out of time may sometimes be considered by COMELEC. not PPC> 5. There must also be showing that the same affected the regularity or genuiness of the ER or that the true results of the voting have been altered. force. The fact that a proclamation has been made does NOT pose a legal obstacle to the appeal because where a void proclamation is NO proclamation at all and COMELEC retains jurisdiction to declare it a nullity 9. 4. 5. Once a timely appeal was made. the candidate concerned may petition COMELEC to reopen the ballot box and do a recount after notice to other candidates and after COMELEC is satisfied that integrity of ballot has NOT been violated Notes on 3rd ground: Obviously manufactured returns 1. 3. ER lacks requisites of form or data. Notes on manifest errors in the ER: 1. BUT. which CANNOT be corrected by the BEI except by recount. appeal shall be heard by COMELEC 8.

HOWEVER. BOC shall enter its ruling on the prescribed form and authenticate the same by signatures of members of BOC. Within the same 24 hour period. the objecting party must enter his objection in a written form within 24 hours from presentation of the objection as well as evidence in support thereto. transmission. proceedings may still continue with the COMELEC when on the basis of the evidence. Upon receipt of objection. Simultaneous with the oral objection. where 2 of the party candidates received zero votes while the others received some votes 3. if a candidate obtained 100% of the votes cast or where a number of votes cast in favor of a candidate was NOT greatly in excess of the registered number of voters. Where massive vote buying. • All PPC relating to ER may be appealed to COMELEC. each of whom exactly the same number and the opposers got zero. as when all candidates of 1 party received all the votes. COMELEC finds the petition to appear meritorious. where nullification of the questioned ER will NOT affect the substantial winning margin of the candidate (without prejudice to an election protest) Sec 245 as amended by RA 7166: Contested ER: • All PPC pending before COMELEC shall be deemed terminated at the beginning of the term of office of the candidate and the rulings of BOC shall be deemed affirmed WITHOUT prejudice to file an election protest. Candidate or political party shall submit oral objection to chairman of BOC at the time the questioned ER is presented for inclusion in the canvass. 3. BOC shall automatically defer the canvass on the contested ER and shall proceed to canvass with the others not contested. 2. it does NOT preclude COMELEC to exercise its authority as sole judge of PPC and exclude them from the canvass The Lagumbay Doctrine of Statistical Improbability: --This pertains to instances where there exists uniformity of tallies in favor of candidates belonging to one party and the systematic blanking out of the opposing candidates. any party may file a written and verified opposition to the objection. 4. 35 . It leads to the impression that the ER was manufactured. terrorism and other irregularities affected the integrity of the ER. etc of ER shall be brought in the 1st instance with the BOC. Procedure in disposition of Contested ER: 1. 2. And accordingly issues an order for the proceeding to continue OR when an appropriate order has been issued by SUPREME COURT in a petition for certiorari. and summarily rule thereon. Objection shall be recorded in the minutes of the canvass. --This rule as to render the ER excludable from canvass may apply only when such improbability is shown on the ER itself without regard to evidence aliunde Where doctrine does NOT apply: 1. Even if this is a ground for election protest. the ER may be nullified by COMELEC. BOC shall NOT entertain any objection or opposition UNLESS reduced in WRITING.10. BOC shall take up the contested ER. • Questions relating to preparation. COMELEC’s decision shall be executory after the lapse of 7 days from receipt by the losing party of decision of COMELEC. Upon receipt of evidence. within 7 days from receipt of ruling by BOC.

COMELEC. Where votes for a candidate were omitted in the ER and they CANNOT be ascertained without recounting the ballots. If such ER is also tampered with. the COMELEC. may order a recount 3. upon proper petition. Partial proclamation Notwithstanding the pendency of PPC. BOC shall enter said info in minutes of the canvass. Decision of CXOMELEC shall be immediately executory after lapse of 7 days from receipt of losing party. After all Uncontested ER have been canvassed and contested ER ruled upon by it. 2. there may be a recount of ballots and preparation of a new ER to be used in the canvass. hence a recount is in order. 8. This can be done even without prior notice and hearing. COMELEC must first satisfy itself that the integrity of the ballot box has NOT been violated and that the ER must affect the results of the election. Immediately upon receipt of notice of appeal. any p[arty adversely affected may file with BOC a written and verified notice of appeal and with an unextendible period of 5 days thereafter. COMELEC . 7. Any proclamation made in violation hereof shall be void UNLESS the contested ER will NOT affect the results of the election. Within 48 hours therefrom. COMELEC may order the opening of ballot boxes to retrieve the ER therein deposited or recount the votes as a basis for the proclamation of the winning candidates in the following instances: 1. Where all the copies of the ER were lost. set aside ER and proceed to consider the other ER. Where all copies of the ER outside the ballot box are tapered or falsified with. Party adversely affected by the ruling of BOC shall immediately inform BOC if he intends to appeal the ruling. 4. proclamation made in an unauthorized meeting of the BOC either because it lacked the required quorum or because it did NOT meet at all. NOTE: Before ballot box will be opened. an appeal may be taken to COMELEC. In PPC. BOC can proclaim as winners those not contested without prior authority form COMELEC. proclamation made on the basis of incomplete ER and the returns NOT included in the canvass would materially affect the result of the election. BOC shall NOT proclaim any candidate as winner unless authorized by COMELEC after the latter has ruled on the objections brought to it on appeal by losing party. BOC shall suspend the canvass. Actually. may order that the ballot box be opened to retrieve the ER 2. 5. upon proper petition . COMELEC may suspend or annul illegal proclamations made by the BOC. 9. 6. 36 . Where all copies of the ER outside of the ballot box are lost or destroyed. On the basis of such. Where discrepancy or difference exists between 2 or more authentic copies of the ER or where discrepancy exits between the votes expressed in words and those in figures in the same ER. COMELEC may summarily order the proclamation of winning candidates whose election will NOT be affected by the outcome of the controversy. BOC shall make the appropriate report to COMELEC elevating the records and evidence submitted in the canvass and furnishing the parties with copies of report. An appeal brought without the requisite accomplished forms and evidence shall be summarily dismissed. COMELEC may order a recount a prepare a new ER. The following are illustration: 1. COMELEC shall decide summarily the appeal within 7 days from receipt of such records. upon proper petition may retrieve the ER inside ballot box. NO canvassing could have been logically conducted by BOC.5.

this is true only where the proclamation is based on a complete canvass. the parties may litigate all the legal and 47 Lifted from Atty. proclamation made on the basis of falsified returns which will affect the results of the election 5. Reception of evidence aliunde. are anathema to a preproclamation controversy. Alberto Agra’s Election Law handouts. proclamation made on the basis of uncontested returns. such as the List of Voters with Voting Record is proscribed. the resolution of which would compel or necessitate the Comelec to pierce the veil of election returns which appear to be prima facie regular. Hence. filing with COMELEC of a petition to annul or to suspend the proclamation or with the SUPREME COURT on certiorari shall suspend the running of period within which to file an election protest or quo warranto 2. Rule is that the proclamation of a winning candidate makes a PPC NO longer viable. hence the computation of the 10 day period for filing an election protest does NOT begin until that verdict has been handed down by the SUPREME COURT. Pre-proclamation controversies are limited to challenges directed against the Board of Canvassers and proceedings before said Board relating to particular election returns to which candidates should have made specific verbal objections subsequently reduced to writing. Appeal by certiorari to the SUPREME COURT is part of the annulment proceeding. The case is NOT over until the SUPREME COURT gives its verdict. 4. proclamation made even before questions involving the validity of returns which will affect the result of the election are resolved by COMELEC 7.3. on their face. proclamation made by wrongfully excluding a number of ER that would affect the result of the election 8. the Comelec is limited to an examination of the election returns on their face. BUT. Such issues should be posed and resolved in a regular election protest. Election protest filed ad cautelam pending PPC does NOT render the latter moot and academic. in which the contested returns would affect the results of the election without authority from COMELEC. where a proclamation is void. Effects of filing petition to annul proclamation: 1. A pre-proclamation controversy is limited to an examination of the election returns on their face. 37 . A pre-proclamation controversy does not delve into the conduct of the elections. the proclaimed candidate’s assumption of office CANNOT deprive COMELEC of the power to declare such nullity and annul the proclamation. It is beyond the Comelec’s jurisdiction to go beyond the face of the returns or investigate election irregularities. In a regular election protest. Issues such as fraud or terrorism attendant to the election process. As a rule. proclamation made in defiance of the COMELEC’s orders not to proclaim 4. COMELEC has NO authority to annul the proclamation of a candidate or suspend its effect without prior notice and hearing. where its purpose is merely to insure the preservation of all ballot boxes that would otherwise be used for another election. The proceedings in a pre-proclamation controversy are summary in nature. proclamation made notwithstanding patent defects in the ER without awaiting proper remedies for verification and use of authentic copies thereof 6. 3. Jurisprudence47 1.

135627.R. 148941. this is true only where the election returns missing or not counted will affect the results of the election. the rule does not apply. 150799. COMELEC. A petition to correct entries in the certificates of canvass on the ground of manifest errors must be predicated on errors that appear on the face of the certificate of canvass sought to be corrected. An appeal concerning the composition or proceedings of the board must filed with the Comelec within three days.factual issues raised by them inasmuch detail as they may deem necessary or appropriate.48 2. March 13. June 29.158371. 322 SCRA 866 52 Navarro v. G. COMELEC.R. December 11. G.2002 60 Belac v.53 When a candidate (whose certificate of candidacy has been denied but has not become final) has been proclaimed. the canvass which excluded said candidate is still pending. as when several entries have been omitted.55 5. COMELEC.2005 57 Lorenzo v. G.49 3. COMELEC. G. 2000 56 Barbers v. April 4.R. December 13. 155087. G. the resolution canceling the certificate of candidacy should be set aside. An incomplete canvass of votes is illegal and cannot be the basis of a subsequent proclamation a canvass is not reflective of the true vote of the electorate unless the board of canvassers considers all returns and omits none. COMELEC. 57To determine the winning candidate. No.R. The Board of Canvassers or the Comelec cannot go beyond the returns and investigate election irregularities (as in falsification)60. The precincts must be identified59.58 6. No. November 28.2003 58 Salic v. No.2001 38 . The rule that the Comelec cannot go behind the face of an election return admits an exception. 2005 Lee v.2002 51 Imman v. COMELEC. COMELEC. COMELEC. G. COMELEC. G. When there is prima facie showing that the election return admits an exception return is not genuine. COMELEC.R. No. COMELEC. No. 149802.54 4.R. However. No. December 9. January 31. 165691. 405 SCRA 363 50 Utto v. it is immaterial whether the Comelec used provincial certificates of canvass or municipal certificates of canvass in the subsequent canvass56. This rule applies only where the objection deals with a pre-proclamation controversy52. Since the election returns not included in the national canvass as well as the results of the special elections to be held would not materially affect the results of the elections. No. COMELEC. 2003 55 Sena v. G. February 3.R.R. Decisions of the board of canvassers not appealed within the 5-day period become final.R.1999 54 Saya-ang v. No. June 15. it is necessary to recanvass the returns in all the precincts. A proclamation made pending appeal of the ruling of the board of canvassers 50or when the Comelec has yet to resolve the petitions for special election (in precincts were no election were conducted)51 is void. Once a proclamation has been made. No. 424 SCRA 735 59 O’Hara v.2003 53 Siquian v. G. 166229. the canvass which excluded said candidate was an incomplete canvass and the proclamation of the other candidate is illegal. COMELEC. There is manifest error when on the face of an 48 49 Lucman v.R. When the issue of eligibility of a candidate is still pending. No. G. a pre-proclamation caser should be dismissed. 134163. 150111.

duress71. December 15. The enumerations of pre-proclamation grounds under Section 243 of the Omnibus Election Code is exclusive75. COMELEC. 134657. COMELEC. COMELEC. No.1999 73 Navarro v. 150799. 134657. G.R. COMELEC.election return. The improper substitution leads to the nullification of the proclamation due to illegal composition of the board of canvassers77. December 15.R.R. G. No. 323 SCRA 403 63 Badiri v. 150799. No. COMELEC.R.2003 76 Saranggani v. A public school teacher cannot substitute for a district school supervisor since under Republic Act No.155560. 326 SCRA 636 71 Sebastian v. COMELEC. 327 SCRA 406 72 Chu v. 8.R. A petition for correction of manifest errors may be filed involving the elections of members of the House of Representatives 62. No. June 8.1999 65 Barot v. absence of required number of padlocks containing the election returns prior to actual canvassing73. and lack of inner paper seals in several envelopes74 are not grounds for excluding an election return. G. 6646. COMELEC. 135423. G. No. COMELEC. 152080. This fact alone cannot support the contention that the election return contains statistically improbable results68. Under the Comelec Rules of Procedure.2003 66 Barot v. Dela Llana v. It is possible that a candidate receivers zero votes in one or two precincts. Balmores-Laxa. A pre-proclamation case praying for correction of manifest errors must be filed not later than one day after the date of proclamation of the results of the election64. In the interest of justice. the school principal is the proper substitute. a candidate was credited with more (or less) than what is showed in the tally61. 406 SCRA 679. Erasures that are actually mere corrections to reflect the actual number of votes garnered do not justify exclusion of the certificate of canvass76. This is also true when only one candidate obtained all the votes in some precincts69. G. 326 SCRA 636 70 Ocampo v. An answer with counter-petition for correction of manifest errors is allowed67. No. November 29. 404 SCRA 352 67 Trinidad v. COMELEC. 1999 68 Velayo v. COMELEC. intimidation72. February 3.2005 64 Trinidad v. 61 62 Angelia v. COMELEC. G. February 3.R. 7. 332 SCRA 757 Sandoval v. COMELEC. G. Milla v. No. 425 SCRA 735 [2004] 39 . Formal defects70. Manifest errors in a municipal certificate of canvass may be raised before the Municipal or Provincial Board of Canvassers63. COMELEC. COMELEC. 327 SCRA 713 69 Ocampo v. November 28. a Board of Canvassers can file a petition for correction before the Comelec66. COMELEC.2003 77 Salic v. 165677. COMELEC.R. 9. No. Since the Comelec may motu propio correct manifest errors. COMELEC. G.R. COMELEC. 404 SCRA 352. November 11. this rule may be suspended by the Comelec65. a petition to correct manifest errors must be filed within 5 days after proclamation. 424 SCRA 267 [2004] 75 Navarro v.2003 74 Bandala v.

COMELEC. 134826. 135084. 405 SCRA 363. No. G. Outright exclusion of an election return is not proper85. 166229.1999 Cordero v. No. December 10. COMELEC . Municipal Officials – RTC 6. COMELEC. Barangay Officials – MTC B. G. No. 86 Gustilo v. April 20. 353 SCRA 1 87 Dumayas v. Real.2003 83 Salic v. A recount is in order where a discrepancy exists between the votes written in words or in figures80. After which. Any objection must be reduced in writing and evidence must be presented within 24 hours. 154442. COMELEC. may also apply to returns whose pages bear dissimilar numbers since such returns also appear to be unauthentic83. G. The dismissal of a pre-proclamation case improperly filed before the Comelec is without prejudice to the filing of a regular election protest before the proper tribunal. A case incorrectly denominated as a petition for quo warranto when in fact it questions the legality and prematurity of the proclamation is in effect an action to annul a proclamation and the same does not constituted abandonment of a preproclamation case earlier filed87. July 6. No.R. Dagloc v. Regional/Provincial/ City Officials – COMELEC 5. COMELEC. the period for the filing of which is deemed suspended by the filing of the aforementioned case88. G.R. 12. Only the Comelec.2001 88 Lucman v. new election return should be prepared82. Appellate 78 79 Siquian v.R. K. 425 SCRA 735 [2004] 84 Sandoval v. 323 SCRA 403 85 Dagloc v. No. R. December 10. COMELEC. August 25. G. The use of the election return inside the ballot box or a recount. No.R.1999 80 Olandriz v.R. Pres/Vice Pres – Supreme Court as Presidential Electoral Tribunal 2. 14.10. 141952. Due process requirements must be observed before the Comelec rules on the petition84. COMELEC. Congressman – HRET 4. 154442. G. December 20. COMELEC. not the regular courts has the authority to annul a proclamation86.2005 40 . June 29.135627. Senator – Senate Electoral Tribunal 3. No. Objection of an election return cannot be made after the same has been canvassed78. No. COMELEC. 11. The Comelec after ascertaining the integrity of the ballot box and of the ballots. G. Election Contests Jurisdiction Over Election Contests: A. COMELEC.R. G. can order a recount if the integrity of the ballot box is intact 81. the procedure laid down in Section 235 of the Omnibus Election Code. otherwise the objection will be summarily dismissed79. An order setting aside a proclamation must be rendered after prior notice and hearing. COMELEC.R. Original and Exclusive 1. 13.1999 81 Lee v.2003 82 Dagloc v.

Respondent may be unseated but the petitioner may not be seated. From the decisions of the COMELEC. From decisions of the Electoral Tribunals. appeal shall be made to the Supreme Court via Petition for Review on the ground of grave abuse of discretion amounting to lack or excess of discretion Post Election Disputes: 1. irregularities or illegal acts committed before. 2. Election protests are those which pertain to the casting and counting of votes and raise questions as to who actually received the majority of the legal votes. 4. Must be filed within 10 days from proclamation 41 . Must be filed by a candidate who has filed a certificate of candidacy and has been voted upon for the same office. 4. Must be filed within 10 days from proclamation Requisites for election protest: 1. On grounds of eligibility or disloyalty to the Philippines 3. On grounds of fraud. Protestee may be ousted and the protestant may be seated in the office vacated Quo Warranto 1. terrorism. Criminal Prosecution for violation of an election offense will disqualify a winning candidate from holding office. It can be filed by any voter. appeal shall be exclusively made to the COMELEC. Requisites for election protest: 1. It is a proceeding to unseat the ineligible person from office. 3. EP more than seeks to oust the winner It is strictly a contest between the winning candidate and the defeated candidate 2. 2. Filed by any registered voter 2. It is based on grounds of election fraud and irregularities in the counting and casting of votes or in the preparation of the returns. Based on disloyalty or ineligibility of the winning candidate. during or after the casting and counting of votes 3. Quo Warranto is that which pertain to the eligibility or disloyalty of the winning candidates 3. It is NOT strictly speaking a contest. whose decision shall be final. appeal shall be made to the Supreme Court via Petition for Review on Certiorari under Rule 64 and 65 of the Rules of Court 3. Election Protest 1.1. EP can only be filed by a candidate who has duly filed a certificate of candidacy to the same office and has been voted for 3. 2. From decisions of the RTC and MTC. executory and unappealable 2.

Court Of Appeals et. PET Case No.R. The filing fee must be paid within the 10-day period. The ballots are the best and most conclusive evidence in an election contest where the correctness of the number of votes of each candidate in involved 92. 4. In the same way. Macapagal Arroyo. G. there is no need to resort to revision when the protestant concedes the correctness of the ballot results correctness of the ballot results.R. No. on their face.1995 96 Soller v. Non-payment. De Castro. partial or incompletes garment of filing/ docket fees for election protests is a fatal defect. COMELEC. This defect cannot be cured by subsequent payment97. However substitution by the widow or heirs in election contest cannot be allowed considering a public office is personal to the public officer and not a property transmissible to the heirs upon death.R. G. Gatchalian v. No. September 5. Thus.2000 97 Melendres v. No. 139853. 129998. concerning the number of votes obtained by both protestant and protestee. Nobility of intention is not the poi8nt of reference in determining whether a person may intervene in an election protest. COMELEC. 107979. are proper for election protests. In the case of presidential protest cases. Issues such as fraud or terrorism attendant to the election process. In a regular election protest. June 29. 424 SCRA 26 [2004] 93 Legarda v. G. the resolution of which would compel or necessitate the Comelec to pierce the veil of election returns which appear to be prima facie regular. November 25. No. Lucman v. COMELEC. G.2005 91 Poe v.R. the election protest should be dismissed 96.. No. November 25.R. 1999.al. 2.Rules on Election Protests89 1. Compared to Pre-Proclamation Cases. 1993 Comelec Rules of Procedure 95 Melendrez v. March 31. 003. COMELEC. 166229. 129998.2005 94 Section 9. Roquero v.1999. Payment of the ‘Comelec Filing fee’94 is jurisdictional and mandatory95. only two persons the 2nd and 3rd placers may contest the election91. Docket Fees. In which case. The constitutional function as well as the power and duty to be the sole judge of all contests relating to the election returns and qualification of the President and Vice-President is expressly vested in the Presidential Electoral Tribunal and includes the duty to correct manifest errors in the Statement of Votes and Certificates of Canvass93. not pre-proclamation cases. Best Evidence. 3. Real Property in Interest. the parties may litigate all the legal and factual issues raised by them inasmuch detail as they may deem necessary or appropriate. June 19. A real party in interest is the party who would be benefited or injured by the judgment and the party who is entitle to the avails of the suit. However. Proceedings in a pre-proclamation controversy are summary in nature. Bayron. PET Case No. Rules 35. 128165. G. March 29. Reception of evidence aliunde.R. COMELEC G. Alberto Agra’s election law handouts. No. a vice-mayor can substitute for the protestant where the latter dies during the pendency of the protest. 003. a petition for quo warranto may be dismissed by the House 89 90 Lifted from Atty. 1998 42 .2005 92 Batul v. such as the List of Voters with Voting Record is proscribed90. Only real parties in interest can file and pursue election protests.April 25. and reflected in the election returns.

G. G. 139853. August 12. House of Representatives Electoral Tribunal. 1999 43 . Revision must be conducted in all the protested precinct111.2000 103 Batoy v. 350 SCRA 518 107 Melendrez V.109 9. 129958. 6. 328 SCRA 530 105 Dagloc v. No.R. An election protest which is not verified. Complete Verification. protestant failed to state that the contents of the election protest are true and correct of his/her personal knowledge must be dismissed101. July 27. 04-94 is mandatory.R. An election protest is not defective when 98 99 Garcia v. Estoppel has set in99.No. 136966. RTJ-01-1641m Nat 9.2000 102 Soller v. COMELEC. September 5. COMELEC. the election protest should not be dismissed104. G.No. 8. An answer with counter-protest must be filed within the 5-day period to answer106. lack proper verified. G.2003 104 Barroso v. However if protestee did not raise the issue during the trial of the election protestee and where he/she even filed a counter-protest. There is no need for the protestant to present evidence and substantiate his/her claim of election fraud before revision could take place110. COMELEC. September 5.21002 112 Alberto v. COMELEC. December 17. when there is a false certification but there is no actual forum shopping. 126833. 5. protestee is precluded from questioning the incomplete payment of the filing fee. May 10. COMELEC.R.R. Calibo. February 17. No. Subsequent compliance does not excuse the party’s failure to comply therewith103.R. No. No. 134792. 003. The mere filing of an election protest calls for the opening and revision of ballots and re-appreciation of votes. 132242. 411 SCRA 369 100 Legarda v.M. Motion to Dismiss and Demurrer to Evidence.2000 111 Jaucian v. COMELEC. G. As far as cash deposits in presidential protests cases are concerned. A.R. Election protests should contain a certificate of nonforum shopping102.R. 139853.R. The filing of a petition to declare a failure of election which is not a preproclamation case does not suspend the running of the reglementary period within which to file an election protest105. Ampig. A motion to dismiss may be filed in election protests filed with the regular courts. the same is reckoned on the basis of the basis of the number of precincts protested. Photocopying of ballots may be allowed112. lacks proper verification or contains a verification which is incomplete (e.g. G. Answer. However. G. No. No. De Castro. This requirement under Administrative Circular No. COMELEC. G. Certificate of Non-Forum Shopping. A demurrer to evidence is considered an implied waiver by the protestee of the right to present evidence whatever may be the ruling in the first instance. November 28. 138969. Espina. 1999 106 Baltazar v. 353 SCRA 424 110 Miguel v. 107A motion to conduct a preliminary hearing on the affirmative defenses may be contained in the answer108.1999 108 Maruhom v.of Representatives Electoral Tribunal if the required cash deposit is not paid 98. Period to File. July 5. Revision as a Matter of Course.1999 Navarosa v. not the number of ballots boxes containing the election returns100. 331 SCRA 473 109 Gementiza v. PET No.2005 101 Soller v. COMELEC. COMELEC.No. 7. COMELEC.

COMELEC. the physical count of votes in the precincts as determined during the revision of the ballots cannot be considered the correct number of votes cast.No 136384. COMELEC.e. August 25.No 146724.R. September 18. 426 SCRA 226 [2004] 116 Torres v. Antonio v. No. Jurisdiction of the Comelec on Election Protest before Lower Courts.116 12. Technical Examination. Election Returns as Basis of Results. House of Representatives Electoral Tribunal. August 10. 326 SCRA 100. The Comelec.R. Antonio v. COMELEC. 14. 351 SCRA 312 117 Columbres v.135869. The payment of the full amount of the appeal/docket fee is an indispensable step for the perfection of an appeal123.R. including 113 114 Saquitayan v.No 135869. 353 SCRA 434 123 Villota v. The election returns shall be basis of the votes.1999 119 Batoy v. 11.2003.1999 122 Alvarez v.1999 121 Antonio v. sufficiency of evidence) made by a Comelec division is a proper subject of a motion for reconsideration with the Comelec en banc. 22 September 1999 120 Marquez v. not the Regional Trial Courts has appellate jurisdiction over decisions of the Municipal Trial Court concerning election protest involving barangay officials119 and members of the Sangguniang barangay officials and members of the Sangguniang Kabataan120. September 22. An appeal should be dismissed if the amount paid for the appellate docket fee is deficient. G. House of Representatives Electoral Tribunal. Appeal Fee. Rule 39 of the Rules of Court allowing execution pending appeal in the discretion of the court applies in a suppletory manner to election cases. 157249. COMELEC. 442 SCRA 397 [2004] 44 .No.No. While present election laws are silent on the remedy of execution pending appeal in election contests. February 17.124 15. G. 2000 118 Besso v. there is no case law holding that such remedy is exclusive to election contests involving elective barangay and municipal officials.R. Execution Pending Appeal When Proper. COMELEC. 10.2003 Mohammad v.R. G.No 127318. When authentic ballots have been replaced by fake ones. The House of Representatives Electoral Tribunal may refuse the request for technical examination when the claims of the parties can be resolved without the need for technical examination and when election documents pertaining to the precincts in one municipality were gutted by fire115. G. Question involving findings of fact (i.2001 124 Zamora v. G. The Supreme Court can review decisions of the Comelec on appeal in election protests involving barangay officials122. COMELEC.No 135869. G.R. Jurisdiction of Comelec En Banc. G.R. December 8. COMELEC. 142038. G. The Comelec has jurisdiction over petitions for certiorari in election protests pending before inferior courts118. G. COMELEC.No.protestant contest all the precincts even if he/she did not specify the precincts involved in the protest113.1999 115 Dimaporo v.R. Section 2.126833. Calibo. The appeal must be filed within the 5-day period (not 10 days) from receipt of the decision121. Aballe. November 28. September 22.117 13. The Comelec can order the conduct of a technical examination of the thumbprints of voter when thumbprints of voters in the computerized list of voters were not identical with those in registration records of voters114. COMELEC. COMELEC.R.

COMELEC. COMELEC.No. COMELEC. 154829.1999 130 Kare v. G. A protestant who runs for another office is deemed to have abandoned his/her protest131.R. This is the case where a decision of the trial court was rendered after almost one year of trial126 or more than 1/3rd or the term of the mayor had lapsed127.2005. G. July 29. in which case the court may have to resolve its merits. COMELEC. June 26. Shortness of the remaining period alone is a ground for execution pending appeal. 432 SCRA 144 [2004].R. When a winner is declared ineligible. a decision on the merits will have practical value of either sustaining the monetary award for damages or relieving the party concerned from having to pay damages. • Acceptance of a permanent appointment by a protestant in a government office operates as abandonment of EP. COMELEC. Election Offenses Some Prohibited Acts 125 126 Balajonda v. Verceles. The following constitute good reasons to allow execution pending appeal and a combination of two or more of them will suffice to allow execution pending appeal: [a] public interest involved or will of the electorate. Domino v. 150605.No. G. Batul v. COMELEC. G. L.Loreto v. COMELEC. February 28.R.1999. 428 SCRA 383 [2004] 45 . G. 130681. COMELEC.2005. Ocampo v. Abandonment. • HOWEVER. House of Representatives Electoral Tribunal. Recabo v.No134293. No.R. COMELEC. COMELEC.2005.No 166032. • Acceptance of a temporary appointment by a protestant in a government office does NOT operate as abandonment of EP.2002. December 10. No. Bayron. 17. 150477. 428 SCRA 264 [2004] 131 Idulza v. March 26. December 10. 353 SCRA 434 127 Navarosa v. G. Idulza v.R. the vice-mayor succeeds by operation of law130. G.R.132 When EP may or may not become academic: • RULE: the expiration of the term of office of the elective official whose election is questioned in pending EP renders the EP moot and academic and the pending case or appeal is dismissible on such ground. The inaction and lack of interest of the protestant to prosecute the election protest can lead to the dismissal of the protest before the House of Representatives Electoral Tribunal. and [c] the length of time that the election contest has been pending.those involving city and provincial officials125. Ramos stated that the election and assumption of office of Santiago as senator constituted as an abandonment of her EP for presidency. Latasa v.. 155618. one ground alone will not suffice128.No. 411 SCRA 369 128 Fermo v. [b] the shortness of the remaining portion of the term of the contested office. Alvarez v. 174015. 1999. Santos v. in one case.2003. February 28. 424 SCRA 26 [2004] Balajonda v.R. G. De Venecia. the candidate who finished second cannot assume the position129.No. July 19. COMELEC.No. 435 SCRA 98 [2004]. G.R. February 28. 427 SCRA 701 [2004] 132 Hofer v. • Supreme Court in Santiago vs. Codilla v. G.R. Brion. House of Representatives Electoral Tribunal. 328 SCRA 52 129 Gayo v.R. However. 16. COMELEC. Albana v.2003. 166032. Second Placer. In the case of mayor being disqualified.No. 427 SCRA 701 [2004]. COMELEC.

September 13. No. G. Ocober 4. No.No. October4. Mapala vs. 5. December 5. Wagering upon the result of the election 3. 6646 does not punish the alleged violation as a criminal offense137. 331 SCRA 429 [2000] 143 Bernardo v. 6646 does not punish the alleged act as a criminal offense138.2002 139 Section 265.2001 46 .139 Complaints can also be filed with government prosecutors who continue to serve as deputies of the Comelec140. G.2002 138 Malinias v. Court of Appeals. it is enough that the accused carried a deadly weapon within the prohibited radius during any of the days and hours specified in the law. the deputation subsists 141. Unauthorized alterations of statement of votes by members of board of canvassers. Rule 34.R. Court of Appeals. Failure on the part of the chairperson of Board of Election Inspectors to deliver the ballot boxes to the local treasurer upon termination of the counting136.2001 142 Faelnar v.R. G. 240 SCRA 600. the Supreme Court found that these are not election offenses: 1. G. 14651 February 19. 334 SCRA 555 136 Herrera v. COMELEC. 1372520. Vote-buying and vote-selling.No. 325 SCRA 516 135 Domalanta v. 2.R. Presence of police officers in room where the election returns were being canvassed since Republic Act No. Jurisdiction . Regalado v. 146943.133 4.1. Comelec Rules of Procedure 141 Margarejo v. It is not necessary that the deadly weapon be seized from the accused while he was in the precint or within a radius of 100 meters therefrom. 146943.135 6. Authority and Prosecution • • • • 133 134 The Comelec shall have the exclusive power to conduct preliminary investigation of all election offenses punishable under the Omnibus Election Code. Preventing supporters of candidates from entering the provincial capitol to attend the canvassing since Republic Act No. In the absence of revocation. COMELEC.R. Abalos. G. COMELEC. People. Reassignment of personnel within the election period without the prior approval of the Comelec since this amounts to a transfer which is a prohibited activity134. No. Sr. Escoses.2002 137 Malinias v. On the other hand. The filing of a motion for reconsideration is a prerequisite to the filing of a petition for certiorari with the Supreme Court143. Judge Nunez. Carrying of a deadly weapon within a radius of 100 meters from the polling place. The prosecutors are subject to the control and supervision of the Comelec.R. 2.. 137266. Omnibus Election Code 140 Section 2. The resolution by the prosecutor is appealable to the Comelec while the resolution of the Comelec en banc may be subject of a motion for reconsideration142.

The authority may be revoked anytime by the Comelec as when the Comelec nullified the resolution of the prosecutor149.R. Tagle. 6646 is constitutional and is an effective way of preventing the commission of vote-buying. February 17.R. G. G.2003 148 COMELEC v. No.No.• • • • • • • • • The power to try and decide any election offense rests with the regional trial courts144. Tagle. No. There is no requirement that only the Comelec may refer a complaint to its law department for investigation146. G. No.2003 151 Baytan v.2003 149 COMELEC v. February 4. G. COMELEC. Tagle. February 4.1999 146 Laurel v. 153945. Regional Trial Court Manila. 323 SCRA 778 147 Baytan v.R. April 29. Period is interrupted by the filing of the complaint even if it merely for purposes of preliminary investigation150.R. The Court cannot conduct preliminary investigation. 153 Perjury cases committed in relation to an election offense must be filed where the case for violation of the Omnibus Election Code is pending and not in manila (unless case is pending in Manila) where the seat of the Law Department is located. 47 . COMELEC. 153945. 403 SCRA 281 154 Villarosa v.R. Participation and involvement of respondent in the commission of election offense must be established145. No. No. It is the Regional Trial Court which has jurisdiction over election offenses152. 144 145 Section 268.R.No.R. Finding probable cause in the prosecution of election offenses rests in the Comelec’s sound discretion147.2003 152 Juan v. 153945. People 322 SCRA 125 153 Pena v. G. Presiding Judge. 139841. August 30. 136587. G.2003. February 4. Witnesses in vote-buying cases are exempt from prosecution for vote-selling155. This is exclusive power of the Comelec148. 397 SCRA 618 150 Baytan v. Prosecutors are given continuing authority as deputies to conduct preliminary investigations and to prosecute them. February 17. 148948 and 148951-60. 148948 and 148951-60. Omnibus Election Code Domingo v. Magallanes. the Comelec en banc can directly approve the recommendation of its Law Department to file the criminal information. Thus. Election offenses prescribe after 5 years from dater of their commission. Martizano. COMELEC. The prosecution of election law violators involves the exercise of the Comelec’s administrative powers. G. There is no constitutional requirement that the same must be first decided by any of the divisions of the Comelec151.2003 155 COMELEC v.154 the grant of immunity from criminal liability in favor of the party whose vote was bought under section 28 of Republic Act no. COMELEC.

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