PHILIPPINE ELECTION LAW PRE-BAR REVIEW 2011

By: Atty. Jocelyn Valencia

SUFFRAGE Means by which people express their sovereign judgment and its free exercise must be protected especially against the purchasing power of the peso. !olasco v. "omelec #$% &"'A $()* +t is both a right and a privilege. 'ight because it is the expression of the sovereign will of the people. A privilege because its exercise is conferred only to such persons or class of persons as are most li,ely to exercise it for the purpose of the public good.

CONSTITUTIONAL BASIS Article II Sectio 1! -he .hilippines is a democratic and republican state. &overeignty resides in the people and all government authority emanates from them. Article V Sectio 1! &uffrage may be exercised by all citi/ens of the .hilippines !0- otherwise dis1ualified by law2 who are at least 34 years of age who shall have resided in the .hilippines for at least one 3* year and in the place wherein they propose to vote for at least six (* months in the immediately preceding the elections. !o literacy2 property or other substantive re1uirements shall be imposed on the exercise of suffrage. Sectio 2! -he "ongress shall provide for a system of securing the secrecy and sanctity of the ballot as well as a system of absentee voting by 1ualified 5ilipinos abroad. -he "ongress shall also design a procedure for the disabled and illiterates to vote without the assistance of other persons. 6ntil then2 they shall be allowed to vote under existing laws and such rules as the "ommission on 7lections may promulgate to protect the secrecy of the ballot. WHO "A# REGISTER $RA %1%&' $A Act Pro(i)i * +or t,e Ge er-l Re*i.tr-tio o+ Voter. /ro(i)i * +or - S0.te1 o+ Co ti 2i * Re*i.tr-tio 3,ic, too4 e++ect o 52 e 11' 1&&67 Re*i.tr-tio o+ (oter. is a means of determining who possess the 1ualifications of voters and regulating the exercise of the right of suffrage. 'egistration is essential to enable a 1ualified voter to vote in any election or any form of popular intervention. W,-t i. Re*i.tr-tio 8 'egistration refers to the A"-of accomplishing and filing of a sworn application for registration by a 1ualified voter before the election officer of the city or municipality wherein he resides and including the same in the boo, of 'V upon approval by the 7lection 'egistration Board &ec. ) a**. 8O"ESTIC VOTERS Sectio & W,o 1-0 Re*i.ter 8 All citi9e . o+ t,e P,ili//i e. !0- otherwise dis1ualified by law who are at le-.t 1% 0e-r. o+ -*e2 who shall have re.i)e) i t,e P,ili//i e. +or -t le-.t o e $17 0e-r' - ) i t,e /l-ce 3,erei t,e0 /ro/o.e to (ote' +or -t le-.t .i: $67 1o t,. immediately preceding the elections. Any person who te1/or-ril0 resides in another city2 municipality or country .olel0 by reason of his occupation2 profession2 employment in private or public service2 educational activities2 wor, in the military or naval reservations2 within the .hilippines2 service in the A5.2 or confinement or detention in government institution in accordance with law2 shall NOT be deemed to have lost his original residence. A 0 /er.o 3,o' o t,e )-0 o+ re*i.tr-tio 1-0 ot ,-(e re-c,e) t,e re;2ire) -*e or /erio) o+ re.i)e ce <2t' 3,o o t,e )-0 o+ electio .,-ll /o..e.. .2c, ;2-li+ic-tio .' 1-0 re*i.ter -. - (oter!= Sec! 118 9is1ualifications:

Any person who has been sentenced by final judgment to suffer imprisonment for not less than one 3* year. Any person who has been adjudged by final judgment by competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government such as rebellion2 sedition2 violation of the anti:subversion and firearms law2 or any crime against national security in accordance with the law. +nsane or incompetent as declared by competent authority.

WHEN 8ISABILIT# RE"OVE8 .lenary pardon or amnesty 8 those sentenced by final judgment ! Article I>-C' Sectio ? provides that the .resident cannot2 without the favorable recommendation of the "omelec grant pardon2 amnesty2 parole or suspension of sentence in cases involving violation of election laws and violation of election rules and regulations. 7xpiration of five %* years after service of sentence 0fficial declaration by the proper authority that the insanity or incompetency no longer exist.

Re.i)e c0 Re;2ire1e t@ "itr- (.! Co11i..io o Electio .' A to io Go 9-le. - ) Orl- )o B-l<o ' 5r! 622 SCRA ABB $52l0 20107. +n considering the residency issue2 the dwelling where a person permanently intends to return to and to remain 8 his or her capacity or inclination to decorate the place2 or the lac, of it2 +& +MMA-7'+A;. "omelec gravely abused its discretion when it determined the +it e.. o+ - )3elli * -. /er.o C. re.i)e ce <-.e) .olel0 o (er0 /er.o -l - ) .2<Decti(e -..e..1e t .t- )-r). 3,e t,e l-3 i. re/lete 3it, .t- )-r). t,-t c- <e 2.e) . "omelec used wrong considerations in arriving at the conclusion that Mitra<s residence is not the residence contemplated by law. 8o1i *o (! Co1elec E10 SCRA ?B6 $1&&&7! =hile voting is not conclusive of residence2 it does not give rise to a strong presumption of residence. -hat fact that a party continuously voted in a particular locality is a strong factor in assisting to determine the status of his domicile. Ro12-l)e9-"-rco. (! Co1elec' 2B% SCRA E00 . 'e1uisites when new domicile is ac1uired by choice 8 there must concur residence or bodily presence in the new locality an intention to remain in the new locality an intention to abandon the old domicile. -here must be animus manendi coupled with animus non:revertendi ILLITIERATE AND DISABLED VOTERS 8 +lliterates or disabled are referred to as a persons who cannot by themselves prepare an application for registration because of their physical disability and>or inability to read and write. $Sectio E $e77 Sectio 1B! Proce)2re +or illiter-te -//lic- t. those who cannot read and write* 8 -..i.te) <0 t,e electio o++icer or - 0 1e1<er o+ - -ccre)ite) citi9e . -r1 . -he election officer shall place such illiterate person under oath2 as, him the 1uestions and record the answers given in order to accomplish the application form in the presence of the majority of the members of the Board. -he accomplished form shall be subscribed by the applicant in the presence of the Board by means of thumbmar, or some other customary mar, and it shall be subscribed and attested by the majority of the members of the Board. Proce)2re +or )i.-<le) (oter. 8 t,e -//lic-tio +or re*i.tr-tio o+ - /,0.ic-ll0 )i.-<le) /er.o $e:! <li )' o ,- ).' .e ior citi9e ' 12te7 1-0 <e /re/-re) <0 - 0 rel-ti(e 3it,i t,e B t, ci(il )e*ree o+ co .- *2i it0 or -++i it0 or by the election officer or any member of an accredited citi/en<s arm using the data supplied by the applicant. NOTE@ "ommon to both procedures2 the fact of illiteracy and disability shall be so indicated in the application. HOW TO REGISTER Sectio %8 &ystem of "ontinuing 'egistration of Voters>"reation of 7lection 'egistration Boards

A 1ualified voter personally files an application for registration 9A+;? with the office of the election officer during regular office hours. -he 7'B are authori/ed to act on all applications for registration .

LI"ITATION@ !o registration shall be conducted during the period starting 3#@ days before a regular elections and A@ days before a special elections. Sec! 1? Electio Re*i.tr-tio Bo-r) 8 -here shall be in each city and municipality as many as 7'B<s as there are election officers therein. Co1/o.itio 8 7lection 0fficer 70* as chairman and as members2 the public school official most senior in ran, and the local civil registrar ;"'*2 or in his absence2 the city or municipal treasurer M-*. +n case of dis1ualification of the 702 the "ommission shall designate as acting 70 who shall serve as chairman of the 7'B. +n cases of the non:availability of the ;"' or the M-2 "omelec shall designate any other appointive civil service official from the same locality as substitute. Re.trictio . to -//oi t1e t 8 !o member of the board shall be related to each other or to any incumbent city or municipal elective official within the B th civil degree of consanguinity or affinity. +f in succeeding elections2 any of the newly elected city or municipal officials is related to a member of the board within the same degree2 such member is automatically dis1ualified to preserve the integrity of the 7'B. 7very registered party and such organi/ations as may be authori/ed by the "omelec shall be entitled to a watcher in every registration board. Sec! 1A Proce)2re +or ,e-ri * o+ -//lic-tio .! 9ate of hearing posted in the city or municipal bulletin board and 70 office at least 3 wee, before date of hearing I+ o<Decte) to' EO .,-ll recei(e e(i)e ce! P,0.ic-l /re.e ce o+ -//lic- t i t,i. c-.e i. 1- )-tor0 to re<2t e(i)e ce /re.e te) i o//o.itio t,ereto +f no objection to application2 physical appearance not re1uired and will be duly informed in writing Applications for registration shall be heard and processed on a 1uarterly basis. Board shall convene on the )rd day of Monday of April2 July2 0ctober and January of every calendar year except in an election year to conform with the 3#@ days prohibitive period before election day.

Sectio ! 21 8 .ublication of Action on Application for 'egistration SECTION 12! C,- *e o+ Re.i)e ce to - ot,er Cit0 or "2 ici/-lit0 8 Any registered voter who has transferred residence to another city or municipality may apply with the 70 of his new residence for the transfer of his registration records. -he application for transfer of registration shall be subject to the re1uirements of notice and hearing and the approval of the 7'B in accordance with this Act. 6pon approval of the application for transfer2 and after notice of such approval to the 70 of the former residence of the voter2 said 70 shall transmit by registered mail the voter<s registration record to the 70 of the voter<s new residence. Sectio 1E! C,- *e o+ A))re.. i t,e S-1e Cit0 or "2 ici/-lit0 Any voter who has changed his address in the same city or municipality shall immediately notify the 70 in writing. +f the change of address involves a change in precinct2 the Board shall transfer his registration record to the precinct boo, of voters of his new precinct and notify the voter of his new precinct. All changes of address shall be reported to the office of the provincial election supervisor and the "ommission in Manila. Sec! 2A 8EACTIVATION 8 is a process wherein the registration record of a voter is re1o(e) <0 t,e ERB +ro1 t,e corre./o )i * /reci ct <oo4 o+ (oter. - ) /l-ce. t,e .-1e i - i -cti(e +ile) properly mar,ed and dated in indelible in, and after entering the cause for deactivation which are as follows: -hose who are dis1ualified by virtue of a final judgment2 insane and incompetent persons as officially declared.

Any person who failed to vote in the two #* successive preceding regular elections as shown by his voting records. Any person whose registration has been ordered excluded by the court. Any person who has lost his 5ilipino citi/enship.

5or purposes of the above 8 the "ler,s of "ourt of the M-"2 M-""2 '-" and &B shall furnish the 70 of the city or municipality concerned at the end of each month a certified list of persons who are dis1ualified by virtue of a final judgment2 with their addresses. 5or those who lost their citi/enship2 insanity and incompetency2 the "omelec may re1uest a certified list of such persons from the government agencies concerned. Sec! 2% REACTIVATION 8 is a process whereby a voter whose registration records has been deactivated files with the election officer a sworn application for reactivation of his registration in the form of an affidavit by stating therein that the grounds for the deactivation no longer exist. PERIO8 TO FILE 8 Any time but not later than 3#@ days before a regular election and A@ days before a special election. 6pon approval2 the Board2 shall retrieve the registration records from the inactive file and include the same in the corresponding precinct boo, of voters. '7C6+'7M7!-: ;ocal heads or representatives of political parties shall be properly notified of the approved applications. Sec! 2& CANCELLATION 8 is a process wherein the Board cancels the registration records of those who have died as certified by the local civil registrar who shall submit each month a certified list of persons who died during the previous month to the election officer of the place where the deceased is registered. PETITION FOR INCLUSION OR E>CLUSION! 'emedies of persons whose application for reactivation2 inclusion or correction has been disapproved or those who intend to exclude a voter from the list of voters. P- l-;2i (! Co1elec 61E SCRA ?AE Voters< inclusion>exclusion proceedings essentially involve the issue of whether a petition shall be included in or excluded from the list of voters based on the 1ualifications re1uired by law and the facts presented to show possession of these 1ualifications. 0n the other hand2 the "0" denial>cancellation proceedings involve the issue of whether there is a false representation of a material fact. Sec! EE 5URIS8ICTION 8 -he Municipal and Metropolitan -rial "ourts shall have original jurisdiction over all cases of inclusion and exclusion of voters in their respective cities or municipalities. By express provision of Article I>-C' Sectio 2 $E7 o+ t,e Co .tit2tio 2 the "omelec shall decide all 1uestions affecting elections2 e:ce/t t,e ri*,t to (ote. -his 1uestion is a justiciable issue which finds redress in the judiciary. P2 *2t- (! Co1elec BE SCRA 1 $1&A27! P- l-;2i (.! Co1elec 61E SCRA ?AE : +t is not within the province of the '-" in a voter<s inclusion>exclusion proceedings to ta,e cogni/ance of and determine the presence of a false representation of a material fact. +t has no jurisdiction to try the issues of whether the misrepresentation relates to material fact and whether there was an intension to deceive the electorate in terms of one<s 1ualifications for public office. -he finding that Velasco was not 1ualified to vote due to lac, of residency re1uirement does not translate into a finding of a deliberate attempt to mislead2 misinform or hide a fact which would otherwise render him ineligible. C- ico.- (! Co1elec 2%2 SCRA ?12 $1&&A7! -he 1uestion of inclusion or exclusion from the list of voters involves the right to vote which is not within the power and authority of the "omelec to rule upon. -he determination of whether one has the right to vote is a justiciable issue properly cogni/able by our regular courts. WHERE TO APPEAL 8 9ecisions of the Municipal or Metropolitan -rial "ourts may be appealed by the aggrieved party to the 'egional -rial "ourt within five %* from receipt of notice thereof. 0therwise2 said decision shall become final and executory. 'egional -rial "ourt shall decide the appeal within ten 3@* days from the time it is received and the 'egional -rial "ourt decision shall immediately become final and executory. No 1otio +or reco .i)er-tio .,-ll <e e tert-i e)!

8o1i o (! Co1elec E10 ?B6 $1&&& *. 7xcept for the right to remain in the list of voters or for being excluded thereform for the particular election in relation to which the proceedings had been held2 a decision in an exclusion proceeding2 even if final and unappealable does not ac1uire the nature of res judicata. -hus2 a decision in an exclusion proceeding would neither be conclusive on the voters political status2 nor bar subse1uent proceedings on his right to be registered as a voter in any other election. Sec! EB Petitio +or I cl2.io o+ Voter. in the list 8 WHO "A# FILE: any person whose application for registration 8 Das been disapproved by the BoardE or =hose name has been stric,en out from the listE =hose name was not included in the precinct list of voters =ho has been included therein with a wrong or misspelled name after the Board disapproves its application for reinstatement or correction of name* may file with the court.

PERIO8 TO FILE: Any time except 3@% days prior to a regular election or $% days prior to a special election. -he petition should be supported by a certificate of disapproval of his application and proof of service of notice upon the Board. M-" shall decide within fifteen 3%* days after it filing. +f the decision is for the inclusion of voters in the permanent list of voters2 the Board shall place the application for registration previously disapproved in the corresponding BV and indicate in the application for registration the date of the order of inclusion and the court which issued the same. Sectio E? Petitio +or E:cl2.io o+ Voter. +ro1 t,e li.t 8 =D0 MA? 5+;7: any registered voter2 representative of a political party or the 7lection 0fficer. PERIO8 TO FILE: Any time except 3@@ days prior to a regular election or (% days prior to a special election. &upporting documents shall be proof of notice to the Board and to the challenged voter. M-" shall decide within ten 3@* days. +f the decision is for exclusion2 the Board2 shall remove the voters registration record from the corresponding BV2 enter the order of exclusion therein. A4<-0- (! Co1elec "-rc, 26' 2001 8 -he petition for exclusion is a necessary component to registration since it is a safety mechanism that gives a measure of protection against flying voters2 non: 1ualified registrants2 and the li,e. -he prohibitive period2 on the other hand2 serves as the purpose of securing the voters substantive right to be included in the list of voters. -he bone of contention of petitioners in this case in praying for a #:day special registration of new voters for the May 3B2 #@@3 elections which was denied by the "omelec on account of operational impossibility2 undermined their constitutional right to vote and caused the disenfranchisement of around BM 5ilipinos of voting age who failed to register before the registration deadline set by the "omelec. As ruled2 t,e ri*,t o+ .2++r-*e i. ot -<.ol2te 2 as in the enjoyment of all other rights2 it is subject to existing substantive and procedural re1uirements embodied in our "onstitution2 statute and other repositories of law. Proce)2r-l li1it-tio 8 must undergo the process of registration2 in addition to the maximum re1uirements set by the "onstitution under &ection 32 Article V2 the act of registration being an indispensable precondition and essential to the right of suffrage and election process. 'eferring to Sectio % o+ RA %1%&' t,e l-3 i. e:/licit t,-t F o re*i.tr-tio .,-ll ,o3e(er <e co )2cte) )2ri * t,e /erio) .t-rti * 120 )-0. <e+ore - re*2l-r electio - ) &0 )-0. <e+ore - ./eci-l electio != Sec! E? o+ RA %1%& on the hand spea,s of the prohibitive period within which to file a sworn petition for the exclusion of voters from the permanent list of voters. -hus if the special registration of voters will be conducted2 then the prohibitive period for filing petitions for exclusion must li,ewise be adjusted to a later date2 if not2 then no one can challenge the voters list which is violative of the principles of due process and would open the registration process to abuse and seriously compromise the integrity of the voter<s list and that of the entire election. OVERSEAS ABSENTEE VOTERS RA &1%& A<.e tee Voter. Act o+ 200E

FO(er.e-. A<.e tee VoterG refers to a citi/en of the .hilippines who is 1ualified to register and vote under this Act2 not otherwise dis1ualified by law2 who is abroad on the day of the elections. Sectio ? 8i.;2-li+ic-tio @ a* -hose who have lost their 5ilipino citi/enship in accordance with .hilippine lawsE b* -hose who have expressly renounced their .hilippine citi/enship and who have pledged allegiance to a foreign countryE c* -hose who have committed and are convicted in a final judgment by a court or tribunal of an offense punishable by imprisonment of not less than one 3* year2 including those who have committed and been found guilty of 9isloyalty as defined under Article 1EA o+ t,e Re(i.e) Pe -l Co)e2 such as disability not having removed by plenary pardon or amnestyE .rovided2 however2 -hat any person dis1ualified to vote upon the expiration of five %* years after service of sentenceE .rovided further2 -hat the "ommission may ta,e cogni/ance 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 'ules of "ourt on execution of judgmentsE d* An immigrant or a permanent resident who is recogni/ed as such in the host country2 unless he>she executes2 upon registration2 an affidavit prepared for the purpose by the "ommission declaring that he>she shall resume actual physical permanent residence in the .hilippines not later than three )* years from approval of his>her registration under this Act. &uch affidavit shall also state that he>she has not applied for citi/enship in another country. 5ailure to return shall be caused for the removal of the name of the immigrant or permanent resident from the !ational 'egistry of Absentee Voters and his>her permanent dis1ualification to vote in absentiaE e* Any citi/en of the .hilippines abroad previously declared insane or incompetent by competent authority in the .hilippines or abroad2 as verified by the .hilippine embassies2 consulates or foreign service establishments concerned2 unless such competent authority subse1uently certifies that such person is no longer insane or incompetent. "-c-li t-l (! Co1elec B0? SCRA 61B $200E7 8 -he execution of the affidavit itself is not the enabling or enfranchising act. -he affidavit re1uired in Sectio ?$)* is not only proof of the intention of the immigrant or permanent resident to go bac, and resume residency in the .hilippines2 but more significantly2 it serves as an explicit expression that he had not in fact abandoned his domicile of origin. -he affidavit is re1uired of immigrants and permanent residents abroad because by their status in the host countries2 they are presumed to have relin1uished their intent to return to this countryE thus2 without the affidavit2 the presumption of abandonment of .hilippine domicile shall remain. Ri*,t o+ S2++r-*e o+ F82-l.= $O(er.e-. A<.e tee Voter.7 2 )er RA &1%&! - Loi)- Nicol-.-Le3i.' et! -l! (.! Co1elec G!R! No! 162A?&' A2*2.t 6' 2006! - .etitioners are dual citi/ens having retained or reac1uired .hilippine "iti/enship under RA &22? or t,e Citi9e .,i/ Rete tio - ) Re-c;2i.itio Act o+ 200E! As such2 they sought registration and certification as overseas absentee voters under RA &1%& or t,e O(er.e-. A<.e tee Voti * Act o+ 200E' in order to vote in the May #@@B elections. Dowever2 the .hilippine embassy in the 6& advised them that per "omelec letter dated &eptember #)2 #@@)2 they have yet no residence re1uirement as prescribed by the "onstitution. .etitioners sought a clarification from the "omelec which thereafter2 expressed the opinion that dual citi/ens under 'A A##% cannot exercise the right of suffrage under the 0verseas Absentee Voting ;aw because said law was not enacted for them2 hence2 they are considered regular voters who have to meet re1uirements of residency2 among others. +&&67: =hether or not petitioners and others who might have meanwhile retained and>or reac1uired .hilippine citi/enship pursuant to 'A A##% may vote as absentee voter under 'A A34A. D7;9@ &ection 3 of Article V of the .hilippine "onstitution /re.cri<e) re.i)e c0 re;2ire1e t -. *e er-l eli*i<ilit0 +-ctor +or t,e ri*,t to (ote! 0n the other hand2 Sectio 2 t,ereo+2 authori/es congress to devise a system wherein an absentee may vote2 implying that a non:resident may2 as an exception to the residency prescription in the preceding section2 be allowed to vote. -here is no provision in the dual citi/enship law 'A A##%*2 re1uiring FdualsG to actually establish residence and physical stay in the .hilippines first before they can exercise their right to vote. 0n the contrary2 'A A##%2 in implicit ac,nowledgement that FdualsG are most li,ely non:residents2 grants under Sectio ?$17 the same right of suffrage as granted to an absentee voter under RA &1%& which aims to

enfranchise as much as possible all overseas 5ilipinos2 who2 save for the residency re1uirement exacted of an ordinary conditions2 are 1ualified to vote as ruled in "-4-li t-l (.! Co1elec B0? SCRA 61B Cor)or- (! Co11i..io o Electio . ?%0 SCRA 12 $200&7 8 "ordora concluded that -ambunting failed to meet the residency re1uirement because of -ambunting<s naturali/ation as an American. "ordora<s reasoning fails because -ambunting is not a naturali/ed American. 'esidency2 for the purpose of elections laws2 includes the twin elements of the fact of residing in a fixed place and the intention to return there permanently2 and is not dependent upon citi/enship. T#PES OF ELECTIONS I Re*2l-r Electio . 8 a regular election is an election held on such dates established by law at regular intervals. 07" 3)2 #32 #A and )$* =hether national or local2 it refers to an election participated in by those who possess the right of suffrage2 are not otherwise dis1ualified by law2 and who are registered voters. -he &" in P-r-. (! Co1elec' 26B SCRA B& $1&&67' declared that the election for &H is not a FregularG election because the latter is participated in by youth with ages ranging from 3% to #32 some of whom are not 1ualified voters to elect local or national elective officials. II S/eci-l electio . on the other hand2 is an election not regularly held but which is conducted : to supply a vacancy in a particular office before the expiration of the full term for which the incumbent was elected. Sec! B o+ RA A166 provides that 2 Fin case a permanent vacancy shall occur in the &enate or Douse of 'epresentative at least one 3* year before the expiration of the term2 the "omelec shall call and hold a special elections to fill the vacancy not earlier than (@ days nor longer than A@ days after the occurrence of the vacancy. Dowever2 in case such vacancy in the &enate2 the special elections shall be held simultaneously with the next succeeding regular elections. $Article VI' Sectio &' Co .tit2tio 7! Article VII' Sec! 10 o+ t,e Co .tit2tio 2 in case a vacancy occurs in the offices of the .resident and Vice:.resident2 a special election cannot be called if the vacancy occurs within 1% 1o t,. before the date of the next presidential elections. +n cases were a postponement and failure of elections are declared by the "omelec in accordance with Sectio . ?'6'A o+ BP %%1*. L2cero (! Co1elec 2EB SCRA 2%0 $1&&B7G BorD- (! Co1elec 260 SCRA 60B $1&&67! I +i:i * t,e )-te +or ./eci-l electio . the "omelec should to see to it that: 3* it should not be later than thirty )@* days after the cessation of the cause of the postponement or suspension of the election or the failure to electE and #* it should be reasonably close to the date of the election not held2 suspended or which resulted in the failure to elect. POLITICAL PARTIES' PART# LIST AN8 CITIHENS AR" Article I>-C' Sec! 1 $?7 2 authori/es the "omelec under the "onstitution to FRe*i.ter' -+ter .2++icie t /2<lic-tio ' /olitic-l /-rtie.' or*- i9-tio .' or co-litio . 3,ic,' i -))itio to ot,er re;2ire1e t.' 12.t /re.e t t,eir /l-t+or1 or /ro*r-1 o+ *o(er 1e tG - ) -ccre)it citi9e .C -r1. o+ t,e Co11i..io o Electio .! Sectio 60 o+ t,e OECISectio 1' R2le E2 o+ t,e Co1elec R2le. o+ Proce)2re provides that any group pursuing the same political ideals may register with the "omelec by filing a verified petition with its ;aw 9epartment duly verified by its .resident and &ecretary:Ieneral2 or any official duly authori/ed to do so under its "onstitutions and by:laws. Before "omelec ta,es action2 the "omelec shall first verify2 through its field offices2 the status and capacity of the petitioner and the veracity of the allegations in the petition. $Sec! B' R2le E27. After the verification process2 the .etition will be published with the !otice of Dearing. 0nce registered the political party is issued a "ertificate of 'egistration $Sec! A7 3* ac1uires juridical personality #* be informed of the parties existence and ideals )* it identifies the party and its officers for purposes of regulation by the "omelec. +t is however not necessary2 for purposes of the electoral process that an organi/ation be a political party. Li1it-tio . o Re*i.tr-tio

'eligious sects are prohibited to be registered for the purpose of the electoral process which is made in the spirit of separation of church and state and intended to prevent churches from wielding political power. 9oes not extend to organi/ations with religious affiliations or to political parties which derive their principles from religious beliefs. ban on "atholic "hurch2 +glesia in Hristo or the muslim denomination* -hos who see, to achieve their goals through unlawful means -hose which refuse to adhere to the "onstitution -hose which are supported by any foreign government $Sec! 2$?7 Article I>-C7

C- cell-tio o+ Re*i.tr-tio $Sec! %7 6pon verified complaint of any interested party2 or motu propio by the "ommission2 the registration of any political party . coalition of political parties or organi/ations under the party:list system may be cancelled after due notice and hearing on the following grounds: a* Acceptance by the political party2 coalition of political parties2 or organi/ations or any of its candidates2 of financial contributions from foreign governments and>or their agencies for activities related to elections. b* Violation of laws2 rules or regulations relating to elections2 plebiscites2 referenda or initiative. J 6ntruthful statements in its petition for registration d* -he said political party2 coalition of political parties or organi/ation has become a religious sect or denomination2 is pursuing its goals thru violence or other unlawful means2 is refusing to adhere to or uphold the "onstitution of the .hilippines2 or is receiving support from any foreign governmentE e* 5ailure to comply with applicable laws2 rules or regulations of the "ommission f* 5ailure to field official candidates in the last two preceding elections or failure of their candidates to obtain at least five %* per centum of the votes cast in the last two preceding elections. Li<er-l P-rt0 (.! Co11i..io o Electio . 620 SCRA E&E $"-0 6' 20107' the &" distinguished REGISTRATION and ACCRE8ITATION of a political party. -he root of this petition before the &" is the !.:!." petition before the "0M7;7" for registration as a coalition and accreditation as the dominant minority party. =hile the "omelec 7n Banc claimed jurisdiction over the registration of coalitions and has in fact decreed !.:!."<s re*i.tr-tio ' t,e Co1elec ,o3e(er )i) NOT r2le o t,e -ccre)it-tio -./ect! T,e re*i.tr-tio o+ - co-litio - ) t,e -ccre)it-tio o+ - )o1i - t 1i orit0 /-rt0 -re t3o .e/-r-te 1-tter. t,-t -re .2<.t- ti(el0 )i.ti ct +ro1 e-c, ot,er! Sectio 2$?7' Article >I-C - ) R2le E2 o+ t,e CRP re*2l-te t,e re*i.tr-tio o+ /olitic-l /-rtie.' or*- i9-tio . or co-litio o+ /olitic-l /-rtie.! Accreditation as a dominant party is governed by "omelec 'esolution !o. 4$%#2 &ection 3 of which states that the petition for accreditation shall be filed with the "ler, of the "ommission who shall doc,et it as an &.. 9M* case. -his was the manner the !.:!." was doc,eted. 'egistration of political parties is a special proceedings assigned to a 9ivision for handling under the "'.. !o similar clear cut rules is available to a petition for accreditation as a dominant party. 'egistration must first ta,e place before a re1uest for accreditation can be made. Accreditation is the next natural step to follow after registration.

Dence2 when the "omelec 7n Banc2 resolved the registration of the !.: !." the case is terminated and ripe for review by the &" via a .etition for "ertiorari. -he issue with respect to accreditation is a separate issue which is treated in a separate proceedings. As ruled2 a Motion for 'econsideration of a 'esolution of the "omelec 7n Banc is a prohibited pleading $Sec! 1$)7 R2le 1E7! -he remedy available to a party is a petition for certiorari with the &" pursuant to Article +K:A2 &ec. $ and 'ule (% of the 'ules of "ourt. L-<- * 8e1o4r-ti4o * Pili/i o' re/re.e te) <0 it. C,-ir1- E)*-r)o 5! A *-r- (! Co1elec' et! -l! B2E SCRA 66?2 the "omelec misapplied e1uity in this case*. ;9. informed the "omelec by way of Manifestation that only the .arty "hairman or his authori/ed representative may endorse the "0" of the party<s official candidatesE that 'ep. Butch A1uino was on Findefinite force leaveG and in the meantime Ambassador 7nri1ue Laldivar was designated Acting &ecretary Ieneral. A1uino in a comment alleged that the .arty "hairman does not have the authority to impose disciplinary sanctions on the &ecretary Ieneral and that the Manifestation filed has no basis praying that "omelec disregards the same. "omelec issued an order re1uiring the parties to file verified petition. .ending

resolution2 a "ertificate of !omination of &en. .anfilo ;acson as ;9. candidate for .resident was filed with the "omelec which was signed by 'ep. A1uino as ;9. &ecretary Ieneral "omelec issued a 'esolution granting the petition with ;7IA; 7C6+-? for both .etitioner and 0ppositor Angara =ind and A1uino =ing*. +&&67: =hether or not "omelec gravely abused its discretion in issuing the subject 'esolution. '6;+!I 8 t,e o l0 i..2e i. .i1/l0 FW,o -. <et3ee t,e P-rt0 C,-ir1- - ) t,e Secret-r0 Ge er-l ,-. t,e -2t,orit0 to .i* certi+ic-te. o+ c- )i)-c0 o+ t,e o++ici-l c- )i)-te. o+ t,e /-rt0! ?es "omelec acted with grave abuse of discretion. =hile it has jurisdiction to rule upon 1uestions of party identity and leadership as an incident to its enforcement powers. +t well within its competence to in1uire into which party officer has authority to sign and endorse certificate of candidacy of party<s nominees. And to resolve the issue raised2 the "omelec need only to turn to the .arty "onstitution and election laws. -he "omelec 'esolution is +!97"+&+0! in the guise of e1uity. +t chose not to because of its irrational fear of treading2 as A1uino contends2 on FuncharteredG territories but which have long been chartered by jurisprudence. "omelec divided the ;9. into wings both having authority to nominate candidates for every elective position. "onse1uently2 "omelec planted seeds of confusion among the electorate who are apt to be confounded by two candidates from a single political party. -his was not only a disservice to the opposition but to the voting public as well as its 'esolution facilitated2 rather than forestalled2 the division of the minority party. Atie 9-' 5r! et! Al! (. Co1elec 612 SCRA A61 8 Authority of "omelec over intra: party disputes is limited. -he "omelec may intervene in disputes internal to a party o l0 when necessary to the discharge of its constitutional functions. -he validity or invalidity of Atien/a et. Al.<s expulsion was purely a membership issue that had to be settled within the party. +t is an internal matter over which "omelec has no jurisdiction. 8-1-.e (.! T21-1-o 61E SCRA B& $20107 8 the discretion of accepting members to a political party is a right and a privilege2 a purely internal matter2 which the "ourt cannot meddle in. -he reason behind the right given to a political party to nominate a replacement where a permanent vacancy occurs in the &anggunian is to maintain the party representation as willed by the people in the election &ec. B% b* of 'A $3(@ 'ule on &uccession and as held in !avarro v. "A ($# &"'A )%% #@3@*. 9amasen was not a bonafide member. -umamao was husband of the VM who died*. PART# LIST '!A! A&B1' otherwise ,nown as An Act .roviding for the 7lection of .arty:;ist 'epresentatives through the .art:;ist &ystem. -he party:list system is a mechanism of the proportional representation in the election of representatives to the D' from national2 regional and sectoral parties or organi/ations or coalitions thereof2 registered with the "omelec2 to enable 5ilipinos belonging to the marginali/ed and underrepresented sectors to contribute legislation that would benefit them. $Sec! 27 .arty:list representation shall constitute #@M of the total number of representatives by selection or election from the labor2 peasant2 urban poor2 indigenous cultural minorities2 women2 youth and such other sectors as may be provided by law2 except the religious sector $Sec! 11 - ) Art! V' Sec! ?$27 1&%A Co .tit2tio 7 Lo4i ' 5r! (.! Co11i..io o electio . 621 SCRA E%? $52 e 22' 20107' the &" ruled that "omelec cannot issue rules and regulations that provide a ground for the substitution of a party:list nominee !0written in '.A.$AB3. Sec! % provides 8 FNo1i -tio o+ P-rt0-Li.t Re/re.e t-ti(e.! E-c, re*i.tere) /-rt0' or*- i9-tio or co-litio .,-ll .2<1it to t,e Co1elec ot l-ter t,- B? )-0. <e+ore t,e electio - li.t o+ -1e.' ot le.. t,- +i(e $?7' +ro1 3,ic, /-rt0-li.t re/re.e t-ti(e. .,-ll <e c,o.e i c-.e it o<t-i . t,e re;2ire) 21<er o+ (ote.! A /er.o 1-0 <e o1i -te) i o e $17 li.t o l0! O l0 /er.o . who have given their consent in writing may be named in the list. -he list shall 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. NO c,- *e o+ -1e. or -lter-tio o+ t,e or)er o+ o1i ee. .,-ll <e -llo3e) -+ter t,e .-1e .,-ll ,-(e <ee .2<1itte) to t,e Co1elec e:ce/t i c-.e. $17 3,ere t,e o1i ee )ie.' or $27 3it,)r-3. i 3riti * ,i. o1i -tio ' $E7 <eco1e. i c-/-cit-te) i 3,ic, c-.e t,e -1e o+ t,e .2<.tit2te o1i ee .,-ll <e

/l-ce) l-.t i t,e li.t! I c21<e t .ector-l re/re.e t-ti(e. i t,e HR 3,o -re o1i -te) i t,e /-rt0-li.t .0.te1 .,-ll ot <e co .i)ere) re.i* e)!= "+BA" "iti/ens< Battle Against "orruption* thru its .resident 7mmanuel Villanueva manifested their intent to participate in the May 3B2 #@@$ synchroni/ed national and local elections and submitted their list of % nominees Villanueva2 ;o,in herein petitioner*2 "ru/:Ion/ales2 -ugna and Ialang*. -he list was later published in the newspapers of general circulation. Before the elections2 Villanueva filed a certificate of nomination2 substitution and amendment of the list of nominees whereby it withdrew the nominations of ;o,in2 -ugna and Ialang and substituted Borje. -he amended list included Villanueva2 "ru/:Ion/ales and Borje. &ubse1uently2 Villanueva transmitted to "omelec the signed petitions of more than 43M if the "+BA" members in order to confirm the withdrawal of the nominations of ;o,in2 -ugna and Ialang. Based on the .arty:;ist "anvas 'eport2 it showed that "+BA" was entitled to a second seat2 hence2 the counsel of "+BA" filed with the "omelec sitting as !ational Board of "anvassers2 a re1uest to proclaim ;o,in as the #nd nominee which was opposed by Villanueva and "ru/:Ion/ales. &ince "omelec failed to act on the filing of the certificate of nomination2 substitution and amendment of the list of nominees and the petitions of the more than 43M of "+BA" members2 Villanueva filed a petition to confirm the said certificate with the "omelec which was doc,eted as 7.M. !o. @$:@%B. +n the meantime2 "omelec as !B" partially proclaimed several party lists as having won which included "ibac. -he &ecretary Ieneral of "+BA" informed the &ecretary Ieneral of the D' to formally swear ;o,in into office but which was denied in view of the pendency of 7.M. !o. @$:@%B which approved the withdrawal of the nominations of ;o,in et. al. and the substitution of Borje. "ru/:Ion/ales was proclaimed as the official second nominee. ;o,in brought before the &" via Mandamus to compel respondent "omelec to proclaim him as the official second nominee of "+BA". Also2 in another petition2 ;o,in assailed &ec. 3) of 'esolution !o. $4@B 'ules and 'egulations Ioverning the filing of Manifestation of +ntent to .articipate and submission of !ames of !ominees under the .arty:;ist* and its resolution in 7.M. !o. @$:@%B. -he "omelec asserts that a petition for certiorari is an inappropriate recourse in law due to the proclamation of "ru/:Ion/ales as representative and her assumption of that officeE that ;o,in<s proper recourse was an electoral protest filed in the D'7-2 therefore2 the "ourt has no jurisdiction over the matter being raised by ;o,in. "+BA" posits that ;o,in is guilty of forum shopping for filing a petition for mandamus and a petition for certiorari2 considering that both petitions ultimately see, to have him proclaimed as the second nominee of "+BA". ISSUES: a* =hether or not the "ourt has jurisdiction over the controversy. -he "ourt has jurisdiction. -he controversy involving ;o,in is neither an 7. nor an action for C=2 for it concerns a very peculiar situation in which ;o,in is see,ing to be seated as second nominee of "+BA". Although an 7. may properly be available to one part:list organi/ation see,ing to unseat another party:list organi/ation to determine which between the defeated and the winning party:list organi/ations actually obtained the majority of the legal votes2 ;o,in<s case is not one in which a nominee of a particular party:list organi/ation thereby wants to unseat another nominee of the same party list. !either does an action for C= lie2 considering that the case does not involve the ineligibility and disloyalty of "ru/:Ion/ales to the '.2 or some other case of dis1ualification. ;o,in has correctly brought this special civil action for certiorari against the "omelec to see, the review of its resolution in accordance with &ection $ of Article +K:A of the 3A4$ "onstitution2 notwithstanding the oath and assumption of office by "ru/:Ion/ales. -he constitutional mandate is now implemented by 'ule (B of the 3AA$ 'ules of .rocedure2 which provides for the review of the judgments2 final orders or resolution of the "omelec and the "ommission on Audit. As 'ule (B states2 the mode of review is by a petition for certiorari in accordance with 'ule (% to be filed in the &" within the limited period of )@ days. -he "ourt has original and exclusive jurisdiction over ;o,ins certiorari and for mandamus. b* Both actions2 certiorari and mandamus did not violate the rule against forum shopping even if the actions involved the same parties2 because they were based on different causes of action and the reliefs they sought were different.

3@

J "omelec gravely abused its discretion in promulgating Sectio 1E o+ Re.! No! A%0B -. it e:/- )e) t,e e:ce/tio . 2 )er Sec! % o+ RA A&B1 Sectio % e 21er-te. o l0 E i .t- ce. i 3,ic, t,e /-rt0-li.t or*- i9-tio c- .2<.tit2te - ot,er /er.o i /l-ce o+ t,e o1i ee! T,e e 21er-tio i. e:cl2.i(e! A<-0,o (.! HRET et! -l 612 SCRA EA?IP-l/-r- 5r! (.! HRET et! -l! 8 -hese two cases were consolidated and jointly resolved as it both concerns the authority of the D'7- to pass upon the eligibilities of the nominees of the party:list groups that won seats in the lower house of "ongress. Abayhon is the 3st nominee of the Aangat -ayo party:list that won a seat in the D' during the #@@$ elections. .alparan on the other hand was the 3 st nominee of Bantay party:list. A petition for C= was filed with D'7- against the party:list groups and its nominee claiming that it was not eligible for a party: list since it did not represent the marginali/ed and underrepresented sectors. Abayhon is the spouse of an incumbent congressional district representative and li,ewise does not belong to the 6' and marginali/ed. .etitioners also claim that Abayhon lost her bid as party:list rep called An =aray in the immediately preceding elections of May 3@2 #@@B. .alparan also was alleged to have committed various human rights violations against the marginali/ed sectors Bantay represents the victims of communist rebels2 "A5I62 security guards and former rebels.* Abayhon and .alparan postures that the "omelec already confirmed the status of the party list as a national multi:sectoral party:list organi/ation2 that D'7- had no jurisdiction over the petitioner for C= since the petitioners collaterally attac,ed the registration of the party:list organi/ation2 a matter that fell within the jurisdiction of the "omelec. -hat it was the party:list that was ta,ing a seat in the D' and not them2 being only its nominees. All 1uestions involving their eligibility as nominee2 were internal concerns of the organi/ation. -he D'7- dismissed the petition against party:list but upheld its jurisdiction over nominees who both filed an M' which was denied. Dence2 this special civil action for certiorari alleging that the D'7- gravely abused its discretion. -he "ourt made reference to Sec! ?$17 o+ Article VI $3,ic, i)e ti+ie. 3,o t,e F1e1<er.= o+ t,-t Ho2.e -re. -he D' shall be composed of not more than #%@ members2 unless otherwise fixed by law2 3,o .,-ll <e electe) +ro1 le*i.l-ti(e )i.trict. apportioned among the provinces2 cities2 and the Metropolitan Manila area in accordance with the number of their respective inhabitants2 and on the basis of a uniform and progressive ration2 - ) t,o.e 3,o' -. /ro(i)e) <0 l-3' .,-ll <e electe) t,ro2*, /-rt0-li.t .0.te1 o+ re*i.tere) -tio -l' re*io -l - ) .ector-l /-rtie. or or*- i9-tio . . "learly the members of the HR -re 2 4i ). F1e1<er.= who shall be elected from legislative districts - ) Fthose who shall be elected through a party:list systemG. 5rom the point of view of the "onstitution2 it is the party:list rep who are FelectedG into office2 !0- their parties or organi/ations. -hese representatives are elected2 however2 through that peculiar party:list system that the "onstitution authori/ed and that "ongress by law established where the voters cast their votes for the organi/ations or parties to which such party:list reps belong. 0nce elected2 both the district reps and the party:list reps are treated in li,e manners. -hey have the same deliberative rights2 salaries2 and emoluments. -hey can participate in the ma,ing of laws that will directly benefit their legislative districts or sectors. -hey are also subject to the same term limitations of ) years for a max of ) consecutive terms. -he party list system act itself recogni/es party list nominees as members of the D' Sec! 2' RA A&B1 8ecl-r-tio o+ Polic0 8 -he &tate shall promote proportional representation in the election of reps in the D' through a party:list system of registered national2 regional and sectoral parties or organi/ations or coalitions thereof2 which will enable Fili/i o citi9e . <elo *i * to t,e 1-r*i -li9e) - ) UR .ector. : : : : to <eco1e 1e1<er. o+ t,e HR F! -he "ourt held that initially2 the authority to determine the 1ualifications of a party:list nominee belongs to the organi/ation and to choose five from among the aspiring nominees to comply with the law. But where an allegation is made that the party or organi/ation had chosen and allowed a dis1ualified nominee to become its party:list rep in the lower house and enjoy the secured tenure that goes with the position2 the resolution of the dispute is ta,en out of its hand. Dence2 pursuant to &ection 3$ of Article V+2 the D'7- being the sole judge of all contests relating to2 among other things2 the 1ualifications of the members of the D'2 the D'7- has jurisdiction to hear and pass upon their 1ualifications. -he D'7was correct in dismissing the C= and retaining authority to rule on the 1ualifications. P,ili//i e G2-r)i- . Brot,er,oo)' I c! $PGBI7 (! Co1elec 61& SCRA ?%? 97;+&-+!I*8 -he "omelec may motu propio 0' upon verified complaint of any interested party2 remove2 or cancel2 after due notice and hearing2 the registration of any national2 regional or sectoral party2 organi/ation or

33

coalition +5 +t: -7 +-il. to /-rtici/-te i t,e l-.t 2 /rece)i * electio .G OR $<7 +-il. to o<t-i -t le-.t 2J o+ t,e (ote. c-.t. 2 )er t,e /-rt0-li.t .0.te1 i t,e 2 /rece)i * electio . +or t,e co .tit2e c0 i 3,ic, it 3-. re*i.tere) $Sectio 6 RA A&B17! -he word F0'G is a disjunctive term signifying disassociation and independence of one thing from the other things enumerated. A party list group or organi/ation that failed to farner #M in a prior election and immediately thereafter did not participate in the preceding election 8 is something that is not covered by &ection ( 4* of 'A $AB3. 5rom this perspective2 it may ben an unintended gap in the law and as such is a matter for "ongress to address. -his case abandoned the Minero vs. "omelec I.'. !o. 3$$%B4 May 3@2 #@@$. A1ore. (.! HRET et! -l 622 SCRA ?&E $20107 Amores via a petition for C= with the D'71uestioned the legality of the assumption of office of 7mmanuel Joel Villanueva as re of "+BA". +t was alleged among other things2 that Villanueva assumed office without a formal proclamation by the "omelec2 dis1ualified to be a nominee of the youth sector of "+BA" since at the time of the filing of his certificates of nomination and acceptance2 he was already )3 years old or beyond the age limit of )@ pursuant to &ection A of 'A $AB3 and that his change of affiliation from "+BA"<s youth sector to its overseas 5ilipino wor,ers and their families sector was not effected at least ( months prior to the May 3B2 #@@$ elections so as to be 1ualified to represent the new sector under &ection 3% of 'A $AB3. -he D'7- dismissed the petition as it found the petition to be filed beyond the 3@ days reglementary period2 that the age 1ualification for youth sectoral nominees under Sectio & o+ RA A&B1 applied only to those nominated as such during the first ) congressional terms after the ratification of the "onstitution or until 3AA42 unless a sectoral party is thereafter registered exclusively as representing the youth sector2 which "+BA"2 a multi sectoral organi/ation2 is not. As regards the shift of affiliation2 it was held that &ection 3% did not apply as there was no resultant change in party list affiliation. +&&67&: 3* whether the petition for C= was dismissible for having been filed unseasonablyE and #* whether &ection A and 3% of 'A $AB3 apply to Villanueva. As to the first issue2 the &" found grave abuse of discretion on the part of D'7-. -he "ourt overloo,ed the technicality of timeliness and rules on the merits since the challenge goes into Villanueva<s 1ualifications2 it may be filed at anytime during his term. Also date of proclamation was not clear. As to the second and more substantial issue2 the "ourt made reference to Sectio & o+ RA A&B1 3,ic, /ro(i)e. t,-t i c-.e o+ - o1i ee o+ t,e 0o2t, .ector' ,e 12.t -t le-.t <e 2? <2t ot 1ore t,- E0 0e-r. o+ -*e o t,e )-0 o+ t,e electio ! T,e 0o2t, .ector-l re/ 3,o -tt-i . t,e -*e o+ E0 )2ri * ,i. ter1 .,-ll <e -llo3e) to co ti 2e i o++ice 2 til t,e e:/ir-tio o+ ,i. ter1! -he "ourt did not find any textual support on the interpretation of D'7- that Sectio & applied only to those nominated during the first ) congressional terms after the ratification of the "onstitution or until 3AA4. A cardinal rule in statutory construction is that when the law is clear and free from any doubt or ambiguity2 there is no room for construction or interpretation. 0nly room for application. -he distinction is nowhere found in the law. =hen the law does not distinguish2 we must not distinguish. 'especting Sectio 1? o+ RA A&B12 the "ourt li,ewise found no textual support for D'7-<s ratiocination that the provision did not apply to Villanueva<s shift of affiliation from "+BA"<s youth sector to its overseas 5ilipino wor,ers and their families sector as there was no resultant change in party list affiliation. Sectio 1? re-). F C,- *e o+ A++ili-tio @ E++ect A 0 electe) /-rt0 li.t re/ 3,o c,- *e. ,i. /olitic-l /-rt0 or .ector-l -++ili-tio )2ri * ,i. ter1 o+ o++ice .,-ll +or+eit ,i. .e-tG Pro(i)e)' T,-t i+ ,e c,- *e. ,i. /olitic-l /-rt0 or .ector-l -++ili-tio 3it,i 6 1o t,. <e+ore - electio ' ,e .,-ll ot <e eli*i<le +or o1i -tio -. /-rt0-li.t re/ 2 )er ,i. e3 /-rt0 or or*- i9-tio ! -he wordings of &ection 3% is clear as it covers changes in both political party and sectoral affiliation and which may occur within the same party since multi:sectoral party:list org are 1ualified to participate in the .hilippine party:list system. A nominee who changes his sectoral affiliation within the same party will only be eligible for nomination under the new sectoral affiliation if the change has been effected at least ( months before the elections. &ec. A and 3% apply to Villanueva. As regards the contention that Villanueva is the 3 st nominee of "+BA"2 whose victory was later upheld2 is !0 moment. A party:list org<s ran,ing of its nominees is a mere indication of preference 2 their 1ualifications according to law are a different matter. A * L-)l-) LGBT P-rt0 (! Co1elec 61% SCRA E2 8 ;adlad is an organi/ation composed of men and women who identify themselves as lesbians2 gays2 bisexuals or transgendered individuals. -hey applied

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for registration with "omelec in #@@( and its accreditation was denied on the ground that the org had no substantial membership. ;adlad in #@@A again filed a petition for registration which was dismissed by "omelec on moral grounds. -he &" ruled that moral disapproval is not a sufficient governmental interest to justify exclusion of homosexuals from participation to the party list system. -he crucial element is not whether a sector is specifically enumerated2 but whether a particular organi/ation complies with the re1uirements of the "onstitution and 'A $AB3. -he &" found that ;adlad has sufficiently demonstrated its compliance with the legal re1uirements for accreditation. Veter- . Fe)er-tio P-rt0 (! Co1elec EB2 SCRA 2BB 2 the &" provided for the four uni1ue parameters of the 5ilipino .arty:list &ystem which are as follows 8 -he #@M allocation 8 the combined number of all party:list congressmen shall not exceed #@M of the total membership of the D'2 including those under the party:listE -he #M threshold 8 only those parties garnering a minimum of #M of the total valid votes cast for the party:list system are F1ualifiedG to have a seat in the D'E -he ):seat limit 8 each 1ualified party2 regardless of the number of votes it actually obtained2 is entitled to a maximum three seats2 that is2 one 1ualifying and two additional seatsE -he proportional representation 8 the additional seats which a 1ualified party is entitled to shall be computed Fin proportion to their total number of votes..

+n this case2 following the May332 3AA4 national elections which is the first election for party:list representation2 the "omelec en banc proclaimed 3B parties and organi/ations which had obtained at least #M of the total number of votes cast for the party:list system which constitute a total of #% nominees short of the %# party:list representatives who should actually sit in the house. -he .AI:A&A files with the "omelec a .etition to proclaim the full number of party:list representative provided by the "onstitution. -hey alleged that the filling up of the #@M membership of party list representative in the Douse2 as provided under the "onstitution2 was mandatory. !ine other party list organi/ations filed their respective motions to intervene see,ing the same relief as that sought by .AI:A&A on substantially the same grounds. -he "omelec2 contrary to its rules and regulations governing the said elections2 instead proclaimed the other )4 party:list organi/ation notwithstanding its not having garnered the re1uired #M votes. '6;+!I: Sec! ?$27 o+ Article VI which states that the sectoral representation shall constitute the #@M is not FmandatoryG as it merely provides a ceiling for party:list in congress. And2 obtaining absolute proportional representation is restricted by the ):seat per party limit to a maximum of two additional slots. "omelec was held to have abused its discretion in disregarding an act of "ongress. +n B-*o * B-0- i L-<or P-rt0 (! Co1elec E?& SCRA 6&% $20017 $-l.o reiter-te) t,e r2li * i Veter- .7' at issue is the 0mnibus 'esolution of the "omelec which approved the participation of 3%B organi/ations and parties and which the &" remanded to the "omelec for the latter to determine evidentiary hearings2 whether the 3%B parties and organi/ations allowed to participate in the party:list elections complied with the re1uirements of the law. -he &" ruled that the party:list organi/ations or parties must factually and truly represent the marginali/ed and underrepresented constituencies mentioned in &ection % of 'A $AB3 and the persons nominated by the party:list candidate:organi/ation must be F5ilipino citi/ens belonging to the marginali/ed and underrepresented sectors2 organi/ations and parties.G +n remanding the case to "omelec the &" laid down the following guidelines 8 -he ..2 sector or organi/ation must represent the marginali/ed and underrepresented groups identified in &ection % of 'A $AB3. +n other words2 it must show 8 through the "onstitution2 articles of incorporation2 by:laws2 history2 platform of government and trac, record 8 that it represents and see,s to uplift marginali/ed and underrepresented sectors. =hile major political parties are expressly allowed by 'A $AB3 and the "onstitution to participate2 they must comply with the declared statutory policy enabling 5ilipino citi/ens belonging to the M and 6 to be elected to the D'. -he religious sector may not be represented in the party:list system. +n view of the objections directed against the registration of Ang Buhay Dayaang Dumabong2 which is allegedly a

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religious group2 the "ourt notes the express constitutional provision that the religious sector may not be represented in the party:list system. 5urthermore2 the "onstitution provides that Freligious denominations and sects shall not be registered.G -he prohibition was explained by a member of the "onstitutional "ommission in this wise F-he prohibition is on any religious organi/ation registering as a political party. + do not see any prohibition here against a priest running as a candidate. -his is not prohibited hereE it is the registration of a religious sect as a political party.G +t must not be dis1ualified under the ground enumerated under Sectio 6 o+ RA A&B1 not a religious sect or denomination or association organi/ed for religious purposes2 advocates violence or unlawful means to see, its goalE a foreign party or organi/ationE receives support from any foreign government2 fails to comply with laws rules or regulations relating to elections2 declared untruthful statement in its petition2 it has ceased to exist for at least one 3* year2 it fails to participate in the last # preceding elections or failed to obtain at least #M of the votes cast under the party list system in the # preceding elections for the constituency in which it was registered* -he party or organi/ation must not be an adjunct of2 or a project organi/ed or an entity funded or assisted by the government referring to MA9 of 'ichard Iome/*. +t must be independent of the government. -he participants of the government or it officials in the affairs of a party:list candidate is not only illegal and unfair to other parties2 but also deleterious to the objective of the lawE to enable citi/ens belonging to marginali/ed and underrepresented sectors and organi/ations to be elected to the Douse of 'epresentatives. -he party must not only comply with the re1uirements of the law2 its nominees must li,ewise do so. Sectio & o+ RA A&B1 reads 8 F1ualifications of .arty:;ist !ominees 8 !o person shall be nominated as party:list representative unless he is a natural born citi/en of the .hilippines2 a 'V2 a resident of the .hilippines for a period of not less than 3 year immediately preceding the day of the election2 able to read and write2 a bona:fide member of the party or organi/ation which he see,s to represent for at least A@ days preceding the day of the elections and is at least #% years of age on the day of the election. !ot only the candidate party must represent the M and 6 sectors2 so also must li,ewise be able to contribute to the formulation and enactment of appropriate legislation that will benefit the nation as a whole. +n P-rti)o N* "- *-*-3- $P"7 - ) BUTIL F-r1er. P-rt0 (! Co1elec 2 et. al.2 the .etition before the &" involves the formula for computing the additional seats for winners in party:list elections and whether or not "omelec2 as the !ational Board of "anvassers for the party:list system2 could be compelled by the &" to mechanically apply the formula stated in its "omelec 'esolution reiterated in the Bagong Bayani cases in the determination of 1ualified party:list organi/ation and in the proclamation of their respective nominees. +n the earlier case of Veterans 5ederation .arty vs. "omelec the &" came up with a simplified formula in the computation of additional seats for party:list which was reiterated in the other cases of Bagong Bayani2 Bayan Muna2 etc. =ith this development2 .M and Butil filed with the "omelec a petition to re:tabulate the party:list votes and immediately proclaim their respective second nominees to the D'. -he "omelec however failed to resolve the substantive issued and re:tabulate the votes despite the lapse of time. Dence2 the petition see,ing the issuance of a writ of mandamus to compel "omelec to mechanically apply the formula in the case Veterans 5ederation "ase. "omelec argue that the .etition is improper relying on Sec! A o+ Article I>-A o+ t,e 1&%A Co .tit2tio that Fany order2 decision or ruling of the "omelec may by brought to the &" on certiorari by the aggrieved party within )@ days from receipt of a copy thereof.G2 that this provision was construed as a special action of certiorari under 'ule (% and not appeal by certiorari under 'ule (B and that the duty to proclaim the second nominees is not ministerial but discretionary2 hence2 it is not subject to the writ of mandamus. "omelec argue that the .etition is improper relying on &ec. $ of Article +K:A of the 3A4$ "onstitution that Fany order2 decision or ruling of the "omelec may by brought to the &" on certiorari by the aggrieved party within )@ days from receipt of a copy thereof.G2 that this provision was construed as a special action of certiorari under 'ule (% and not appeal by certiorari under 'ule B( and that the duty to

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proclaim the second nominees is not ministerial but discretionary2 hence2 it is not subject to the writ of mandamus. RULING@ 3* #* )* B* &" has original jurisdiction over petitions for certiorari2 prohibition and mandamus. Mandamus will lie if it is a purely ministerial act of "omelec "omelec has no discretion to refuse enforcement of any decision of the &" +t is the averments in the complaint and not the nomenclature given by the parties2 that determine the nature of the action petition for Mandamus may be treated as a petition for certiorari and mandamus considering that it alleges that the respondent "ommission acted contrary to prevailing jurisprudence2 hence2 with grave abuse of discretion and without jurisdiction.

-he 'esolution of "omelec was not in the exercise of the CJ functions but in the exercise of its administrative functions to enforce and administer election laws. -he simplified formula in the Veterans case was reiterated and the four B* inviolable parameters of the party list system under the "onstitution and 'A $AB3 are still the 3* #@M allocation #* the #M threshold )* the ) set limit and B* the proportional representation N the additional seats which a 1ualified party is entitled to shall be computed Fin proportion to their total number of votes.G. B- t-0 Re/2<lic Act or BA-RA A&B1 (.! G!R! No! 1AA2A1' "-0 B' 200A' ?2E SCRA 1 - .etitioners reacting on an emerging public perception that the individuals behind the party:list groups do not2 as they should2 actually represent the poor and marginali/ed sectors. .etitioners2 wrote a letter to the "omelec re1uesting that the complete list of the nominees of all parties who have been accredited pursuant to "omelec 'esolution !o. $4@B prescribing rules and regulations to govern the filing of manifestation of intent to participate and submission of names of nominees under the party:list system of representation in connection with the May 3B2 #@@$ elections be published. -he "omelec vehemently did not accede to the re1uest of the petitioners2 it based its refusal to disclose the names of the nominees of subject party:list groups on &ection $ of 'A $AB3 more specifically the last sentence which states: Fthe names of the party:list nominees shall not be shown on the certified list.G. -he "omelec believe that the party list elections must not be personality oriented. Abalos said under 'A $AB32 the people are to vote for sectoral parties2 organi/ations2 or coalitions not for their nominees. +&&67: whether or not the disclosure of the names of the nominees are covered by the 'ight of .ublic to information. D7;9: -he "omelec has a constitutional duty to disclose and release the names of the nominees of the party list groups. !o national security or li,e concerns is involved in the disclosure of the names of the nominees of the party:list groups in 1uestion. -he last sentence of Sectio A is limited in scope and duration2 meaning2 that it extends only to the certified list which the same provision re1uires to be posted in the polling places on election day. -o stretch the coverage of the prohibition to the absolute nothing in 'A $AB3 that prohibits the "omelec from disclosing or even publishing through mediums other than the F"ertified listG the names of the party:list nominees. -he "omelec obviously misread the limited non: disclosure aspect of the provision as an absolute bar to public disclosure before the May #@@$ elections. -he need for voters to be informed about matters that have a bearing on their choice. -he ideal cannot be achieved in a system of blind voting2 as veritably advocated in the assailed resolution of the "omelec. B- -t et! -l! (.! Co1elec G!R! 1A%2A1I12&A2 200& which abandoned the matter of computation held in the Veterans .arty case 8 intention was to fill the #@M and party list were ran,ed according to the votes cast for party:list and even those who did not reach the #M were given seats in the second round of the ran,ing. -hose who garnered #M automatically ta,es a seat in the first round. ELIGIBILIT# OF CAN8I8ATES For Pre.i)e t - ) Vice-Pre.i)e t 8 !o person may be elected .resident unless he is a natural:born citi/en of the .hilippines2 a registered voter2 able to read and write2 at least B@ years of age on the day of the election2 and a resident of the .hilippines for at least 3@ years immediately preceding such election.

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-here shall be a Vice:.resident who shall have the same 1ualifications and term of office and be elected with2 and in the same manner2 as the .resident. De may be removed from office in the same manner as the .resident $Article VII' Sectio 2 - ) E' Co .tit2tio 7 For Se -tor !o person shall be a &enator unless he is a natural:born citi/en of the .hilippines and2 on the day of election2 is at least )% years of age2 able to read and write2 a registered voter2 and a resident of the .hilippines for not less than # years immediately preceding the elections. Article VI' Sectio E' Co .tit2tio 7 For "e1<er. o+ t,e Ho2.e o+ Re/re.e t-ti(e. 8 !o person shall be a Member of the D' unless he is natural:born citi/en of the .hilippines2 and2 on the day of election2 is at least #% years of age2 able to read and write2 and except the party list representatives2 a registered voter in the district in which he shall elected2 and a resident thereof for a period of not less than on year immediately preceding the election. $Article VI' Sectio 6' Co .tit2tio 7 Be *9o III (! HRET E?A SCRA ?B? $20017 8 'epatriation results in the recovery of the original nationality. -his means that a naturali/ed 5ilipino who lost his citi/enship will be restored to his prior status as a naturali/ed 5ilipino citi/en.. 0n the other hand2 if he was originally a natural:born citi/en before he lost his .hilippine citi/enship2 he will be restored to his former status as a natural:born 5ilipino. Loc-l Go(er 1e t O++ici-l. 8 An elective local official must be a citi/en of the .hilippinesE a registered voter in the barangay2 municipality2 city or province or2 in the case of a member of the sangguniang panlalawigan2 sangguniang panlungsod or sangguniang bayan2 the district where he intends to be electedE a resident therein for at least one 3* years immediate preceding the day of the electionE able to read and write 5ilipino or any other local language or dialect. Co11o to All O++ice. : Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of the service for the full term for which they were elected. RA No! &16? $Co1/re,e .i(e 8- *ero2. 8r2*. Act o+ 20027 Sectio E6$*7 provides that Fall candidates for public office whether appointed or elected both in the national and local government shall undergo mandatory drug tests. "omelec issued 'esolution !o. (B4( on #) 9ecember #@@) implementing A3(%. .ublication of the results will be published. But the resolution does not indicate whether or not candidates who test positive for drugs will be allowed to assume office if they win.* CERTIFICATE OF CAN8I8AC# Sectio AE' BP %%1IO1 i<2. Electio . Co)e $OEC7 ' /-r! $17 Certi+ic-te o+ C- )i)-c0 8 !o person shall be eligible for any elective office unless he files a sworn certificate of candidacy within the period fixed therein. Si -c- (! "2l- E1? SCRA 266' it is the nature of a formal manifestation to the whole world of the candidate<s political creed or lac, of political creed. Sectio AE $E7 BP %%1 !o personal shall be eligible for more than one office to be filed in the same election $re;2ire1e t to r2 +or electi(e o++ice7' and if he files his certificate of candidacy for more than one office2 he shall not be eligible for any of them E++ect o+ +ili * 12lti/le certi+ic-te. o+ c- )i)-c07! Wit,)r-3-l o+ Certi+ic-te o+ C- )i)-c07 : Dowever2 before the expiration of the period for the filing of the certificates of candidacy2 the person who has filed more than one certificate of candidacy2 the person who has filed more than one certificate of candidacy may declare under oath the office for which he desires to be eligible and cancel the certificate of candidacy for the other office or offices. Pil-r (! Co1elec 2B? SCRA A?& $1&&?7 8 -he withdrawal of a certificate of candidacy does not extinguish one<s liability for the administrative fine imposed by Sectio 1B o+ R!A! No! A166 2 which re1uires every candidate to file a true statement of all contributions and expenditures in connection with the elections. Vill- 2e(- (! Co1elec 122 SCRA 6E6 $1&%E7 8 the withdrawal of a certificate of candidacy not made under oath produces no legal effectE for all intents and purposes2 the withdrawing candidate remains a candidate.

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Go (! Co1elec E?A SCRA AE& $20017 -here is nothing that mandates that the affidavit of withdrawal must be filed with the same office where the certificate of candidacy to be withdrawn was filed. -hus2 it can be filed directly with the main office of the "omelec2 the office of the regional election supervisor concerned2 the office of the provincial election supervisor of the province to which the municipality involved belongs2 or the office of the municipal election officer of the said municipality. EFFECTS@ FILING OF CERTIFICATE OF CAN8I8AC# Sec! 66 BP %%1IOEC. An appointive official is considered resigned upon the filing of his>her certificate of candidacy. -he forfeiture is automatic and the operative act is the moment of filing which shall render the appointive official resigned Nicol-.or- (! CSC 1&&0 c-.e - ) PNOC (! NLRC' "-0 E1' 1&&E7 2 where the provision of &ec. (( is applicable also to I0"" and can constitute as a just cause for termination of employment in addition to those set forth in the ;abor "ode. Sec! 6A 07" 8 An elective official running for a position other than the one he is holding in a permanent capacity2 except for .resident and Vice:.resident2 is deemed resigned upon the filing of his certificate of candidacy. &ection ($ has been repealed by Sectio 1B o+ RA &006 $T,e F-ir Electio . L-37 2 a candidate holding an elective position whether national or local running for office other than the one he is holding in a permanent capaci is considered resigned only upon the expiration of his term.. Si -c- (! "2l- E1? SCRA 266 $1&&& * 8 -he provision of the election law regarding certificates of candidacy2 such as signing and swearing on the same2 as well as the information re1uired to be stated therein2 are considered mandatory prior to the elections. -hereafter2 they are regarded as merely directory. Sectio A RA A166 : -ime and .lace of 5iling SUBSTITUTION OF CAN8I8AC# Sectio AA BP %%1. Candidates in case of death, disqualification or withdrawal of another After the last day for the filing of certificates of candidacy2 an official candidate of a registered or accredited political party dies2 withdraws or is dis1ualified for any cause2 only a person belonging to2 and certified by2 the same political party may file a certificate of candidacy to replace the candidate who died2 withdrew or was dis1ualified. -he substitute candidate nominated by the political party concerned may file his certificate of candidacy for the office affected in accordance with the preceding sections not later than mid:day of the date of the election. +f the death2 withdrawal or dis1ualification should occur between the day before the election and mid:day of election day2 said certificate may be filed with the board of election inspectors in the political subdivisions where he is a candidate or2 in the case of candidates to be voted for by the entire electorate of the country2 with the "ommission. A valid certificate of candidacy is an indispensable re1uisite in case of substitution of a dis1ualified candidate under &ec. $$. 6nder said provision2 the candidate who dies2 withdraws or is dis1ualified must be an official candidate of a registered or accredited political party and the substitute candidate must be of the same political party as the original candidate and must be duly nominated as such by the political party. R2llo)- (.! Co1elec G!R! No! 1?B1&% 5- 2-r0 20' 200E 8 -he absence of a specific provision governing substitution of candidates in barangay elections cannot be inferred as a prohibition against said substitution. &uch a restrictive construction cannot be read into the law where the same is not written. +ndeed2 there is more reason to allow substitution of candidates where no political parties are involved than when political considerations or party affiliations reign2 a fact that must have been subsumed by law. RESI8ENC# REKUIRE"ENT "itr- (.! Co11i..io o Electio .' A to io Go 9-le. - ) Orl- )o B-l<o ' 5r! 622 SCRA ABB $52l0 20107. +n considering the residency issue2 the dwelling where a person permanently intends to return to and to remain 8 his or her capacity or inclination to decorate the place2 or the lac, of it2 +& +MMA-7'+A;. "omelec gravely abused its discretion when it determined the +it e.. o+ - )3elli * -. /er.o C. re.i)e ce <-.e) .olel0 o (er0 /er.o -l - ) .2<Decti(e -..e..1e t .t- )-r). 3,e t,e l-3 i. re/lete 3it, .t- )-r). t,-t c- <e 2.e) . "omelec used wrong considerations in arriving at the conclusion that Mitra<s residence is not the residence contemplated by law.

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Cor)or- (.! Co1elec ?%0 SCRA 12 -he fact that a candidate has dual citi/enship prior to his filing his certificate of candidacy 907& !0- dis1ualify him from running for public office. Co;2ill- (.! Co1elec E%? SCRA 60A 8 A former 5ilipino citi/en not having the status of an alien resident* cannot be considered a resident of the .hilippines and in the locality he intends to be elected prior to his reac1uisition of .hilippine citi/enship. -he Fterm residenceG is to be understood !0- in its common acceptation as referring to FdwellingG or FhabitationG2 but rather to FdomicileG or legal residence2 that is2 Fthe place where the party actually or constructively has his permanent home2 where he2 no matter where he may be found at any given time2 eventually intends to return and remain animus manendi*G. A domicile of origin is ac1uired by every person at birth. +t is usually the place where the child<s parents reside and continues until the same is abandoned by ac1uisition of a new domicile by choice.* Ro12-l)e9-"-rco. (! Co1elec 2B% SCRA E0 $1&&?7! Fit is the fact of residence2 not a statement in the certificate of candidacy which ought to be decisive in determining whether or not an individual has satisfied the constitutions residency 1ualification re1uirement. -he said statement becomes material only when there is or appears to be a deliberate attempt to mislead2 misinform or hide a fact which would otherwise render the candidate ineligible. Pere9 (! Co1elec E1A SCRA 6B02 the 1ualifications of 'odolfo Aguinaldo former governor of "agayan was at issue when he filed his certificate of candidacy as member of the D' for the ) rd district of "agayan in the 33 May 3AA4 elections. -he "ourt reiterated the meaning of residence as Fthe place where the party actually or constructively has his permanent homeG where he2 no matter where he may be found at any given time2 eventually intends to return and remain2 while domicile2 is that to which the "onstitution refers when it spea,s of residence for the purpose of election law. And2 the fact that a person is a 'V in one district is not proof that he is not domiciled in another district. Tor-0 o Sr!' (.! Co1elec EEA SCRA ?AB 2 the issue in this case is the residence 1ualification of Vicente 7mano who filed his certificate of candidacy for Mayor of "agayan de 0ro. "ourt explained that the purpose of the residence as re1uired by "onstitution and the law as a 1ualification for see,ing and holding public office2 is to give candidates the opportunity to be familiar with the needs2 difficulties and aspiration2 potentials for growth and all matters vital to the welfare of their constituencies. 0n the part of the electorate2 to evaluate the candidate<s 1ualification s and fitness for the job they aspire for. +n this case 7mano2 cannot be deemed to be a stranger or newcomer when he ran for and was overwhelmingly voted as city mayor having garnered a margin of )@H votes. P-/- )-0- ' 5r! (.! Co1elec E%1 SCRA 1EE. 9omicile connotes a fixed permanent residence to which when absent for business or pleasure2 or for li,e reasons2 one intends to return. -he re1uirements in order to ac1uire a new domicile by choice are: a* an intention to remain thereE b* residence or bodily presence in the new localityE and c* an intention to abandon the old domicile. 8o1i *o (.! Co1elec E10 SCRA ?B6 . -he term FresidenceG as utili/ed in the law prescribing the 1ualifications of suffrage and for elective office2 means the same thing as FdomicileG2 which imparts not only an intention to reside in a fixed place but also personal presence in that place2 coupled with conduct indicative of such intention. +ntention to ac1uire a domicile whether actual residence in the locality does not result in ac1uisition of domicile2 nor does the fact of physical presence without intention. =hen the "onstitution spea,s of residence2 the latter should be understood2 consistent with =ebster2 to mean actual2 physical and personal presence in the district that a candidate see,s to represent. ACTIONS TO CHALLENGE CAN8I8AC# OF A CAN8I8ATE OR 8ISKUALIF# CAN8I8ATE 17 Sec! 12 o+ t,e 0EC any person who has been declared by competent authority insane or incompetent when we say incompetence2 the same may refer not only to mental illness2 disease or physical disability but also to other causes which may include minority or lac, of residence re1uirement* any person who has been sentenced by final judgment for subversion2 insurrection2 rebellion for any offense for which carries a penalty of more than 34 months for a crime involving moral turpitude

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-he dis1ualification is removed by plenary pardon or granted amnesty upon declaration by a competent authority that said insanity or incompetence had been removed expiration of a period of % years from his service of sentence unless of course within the same period he again becomes dis1ualified. 27 Sec! 6% o+ t,e OEC those guilty of giving money or material consideration to influence2 induce or corrupt voters or public official performing electoral functionsE those who have committed terrorism to enhance his candidacy those who have spend in the election campaign more than that re1uired by law .hp3@>'V>.hp%.@@* NOTE@ &ection (4 deals with a petition to dis1ualify a candidate for other violations of the election code as specified in said section2 and against a candidate who is a permanent resident or immigrant of a foreign country. -hat section does not specify a period within which to file the petition. +n Co)ill- (.! 8e Ve eci- E&E SCRA 6EB 2 it was held that the power of "omelec to dis1ualify candidates is limited to the enumerations mentioned in &ection (4 of the 07". 7lements to be proved are as follows: the candidate2 personally or through his instructions2 must have given money or other material consideration and the act of giving material consideration or money should be for the purpose of influencing2 inducing or corrupting the voters or public officials performing electoral functions.

=hen a candidate is not yet dis1ualified by final judgment during the election day and was voted for2 the votes cast in his favor cannot be declared stray. -he D'7- has no jurisdiction to review decisions or resolutions of the "omelec2 whether issued by a division or en banc. E7 Sec! 6& Petitio to A<-te - N2i.- ce C- )i)-te 8 the "omelec2 may motu propio or upon verified petition of an interested party2 refuse to give due course to or cancel a certificate of candidacy if it is shown that it is filed in contemplation of a nuisance candidate or cancel the same if already filed. -his is an exception to the ministerial duty of the "omelec and its officers to receive a certificate of candidacy under &ection $( of the 07". WHO IS A NUISANCE CAN8I8ATE one who files his certificate to put the election process in moc,ery or disrepute contemplates the li,elihood of confusion which the similarity of surnames of two #* candidates may generate. in the appreciation of ballots2 when two candidates with the same name or surname and only the name or surname is written2 will be considered stray vote and will not be counted for either of the candidate unless one of the candidate with the same name or surname is an incumbent 8 e1uity of the incumbent rule* by other circumstances or acts which clearly demonstrate that the candidate has no bonafide intention to run for office2 thus would prevent the faithful determination of the true will of the people. Bautista vs. "omelec #A4 &"'A B4@* W,o c- +ile 8 a petition to declare a candidate a nuisance candidate shall be filed by any registered candidate for the same office 3it,i ? )-0. +ro1 t,e l-.t )-0 o+ t,e +ili * o+ t,e certi+ic-te o+ c- )i)-c0. As amended by Sectio ? o+ RA 66B6 "-rti e9 III (.! HRET 610 SCRA ?E $5- 2-r0 20107 .roceedings in cases of nuisance candidates re1uire prompt disposition. -he declaration of a duly registered candidate as nuisance candidate results in the cancellation of his "0". B7 Sec! A% OEC Petitio to 8e 0 )2e Co2r.e or to C- cel - Certi+ic-te o+ C- )i)-c0! FA verified petition see,ing to deny due course or to cancel a certificate of candidacy may be filed by the person exclusively on the ground that any material representation contained therein as re1uired under &ection $B

3A

contents of the "0"* of the 07" is false. -he petition may be filed at any time not later than #% days from the time of the filing of the certificate of candidacy and shall be decided2 after due notice and hearing2 not later than 3% days before election.G W,o 1-0 +ile 8 by any person through a verified petition O W,-t Gro2 ). 8 the candidate made material misrepresentation in his certificate of candidacy. Sectio A% )e-l. Fe:cl2.i(el0G with a petition to deny due course to a "0" on the ground that a material representation in the contents of the certificate under &ec. $B2 is false. pertains to a candidate<s eligibility or 1ualification such as citi/enship2 residence or status as a registered voter "-r2,o1 (.! Co1elec ?&B SCRA 10%* Perio) to File 8 =ithin #% days from the last day for the filing of the certificate of candidacy. 52ri.)ictio 8 "omelec sitting in a division. P- l-;2i (! Co1elec 61E SCRA ?AE Voters< inclusion>exclusion proceedings essentially involve the issue of whether a petition shall be included in or excluded from the list of voters based on the 1ualifications re1uired by law and the facts presented to show possession of these 1ualifications. 0n the other hand2 the "0" denial>cancellation proceedings involve the issue of whether there is a false representation of a material fact. -he false representation must necessarily pertain not to a mere innocuous mista,e but to a material fact or those that refer to a candidate<s 1ualification for elective office. Loo * c! Co1elec 216 SCRA A60 $1&&2 * 8 +f a person 1ualified to file a petition to dis1ualify a certain candidate fails to file the petition within the 3%:day period prescribed by &ection $4 of the "ode for whatever reasons2 the election laws do not leave him completely helpless as he has another chance to raise the dis1ualification of the candidate by filing a petition for C= within 3@ days from the proclamation of the results of the election. NOTE: +n Fer1i (! Co1elec G!R! No! 1A&6&? - ) G!R! No! 1%2E6&' 8ece1<er 1%' 200%' the &" clarified that Sectio ? Proce)2re i c-.e. o+ N2i.- ce c- )i)-te. * and Sectio A Petitio to 8e 0 82e Co2r.e To or C- cel - Certi+ic-te o+ C- )i)-c0 2 )er RA 66B6 2 did not in any way amend the period for filing FSectio A%G petitions. =hile Sectio A of the said law ma,es reference to Sectio ? on the procedure in the conduct of cases for the denial of due course to the "0"<s of nuisance candidates then chief Justice 9avide in his dissenting opinion in A;2i o (! Co1elec' G!R! No! 12026?' Se/te1<er 1%' 1&&? 2B% SCRA B00' explains that Fthe procedure hereinabove provided mentioned in Sectio A cannot be construed to refer to Sectio 6 which does not provide for a procedure but to the effects of dis1ualification cases2 but* can only refer to the procedure provided in Sectio ? of the said Act o 2i.- ce c- )i)-te.2 F t,e .-1e c- ot <e t-4e to 1e- t,-t t,e 2?-)-0 /erio) +or +ili * Sectio A% /etitio . i. c,- *e) to ? )-0. co2 te) +ro1 t,e l-.t )-0 +or t,e +ili * o+ COCC.! -he clear language of Sectio A% cannot be amended or modified b y a mere reference in a subse1uent statute to the use of a procedure specifically intended for another type of action. "ardinal is the rule in statutory construction that repeals by implication are disfavored and will not be so declared by the "ourt unless the intent of the legislators is manifest. !oteworthy in Loo * (! Co1elec 216 SCRA A60 $1&&27' 3,ic, 2/,el) t,e 2?-)-0 /erio) +or +ili * Sectio A% /etitio . 2 was decided long after the enactment of 'A ((B(. Dence2 Sectio 2E' Sectio 2 o+ t,e Co1elec R2le. o+ Proce)2re is contrary to the une1uivocal mandate of the law. 5ollowing the ruling in 5ermin2 the "ourt declared that Fas the law stands2 the /etitio to )e 0 )2e co2r.e to or c- cel - COC 1-0 <e +ile) -t - 0ti1e ot l-ter t,- 2?)-0. +ro1 t,e ti1e o+ t,e +ili * o+ t,e COC! +n S-lce)o (! Co1elec E12 SCRA BBA' it was ruled that a candidate who used her husband<s name even through their marriage was declared void was not guilty of misrepresentation concerning a material fact. +n order to justify the cancellation2 it is essential that the false representation pertains to material matter affecting substantive rights of a candidate 8 the right to run for elective post for which he filed the certificate of candidacy. -he material misrepresentation must refer to the 1ualifications for the office2 such as residence2 citi/enship2 age. +n addition to the re1uirement of materiality2 the false representation must consist of a deliberate attempt to mislead2 misinform or hide a fact which would otherwise render a candidate ineligible. I 52.ti1<-.te (! Co1elec ?A2 SCRA AE6 $200%7 Material misrepresentation as a ground to deny due course or cancel a certificate of candidacy refers to the falsity of a statement re1uired to be entered therein as enumerated in Sectio AB of the 07". "oncurrent with materiality is a deliberate intention to deceive

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the electorate as to one 1ualification ma,ing reference to &alcedo ++ that in order to justify the cancellation of the "0" under &ection $42 it is essential that the false representation mentioned therein pertained to a material matter for the sanction imposed by this provision would affect the substantive rights of a candidate 8 the right to run for the elective post for which he filed the "0". -here is also no showing that there was an intent to deceive the electorate as to the identity of the private respondent2 nor that by using his 5ilipino name the voting public was thereby deceived. I Ll29 (! Co1elec G!R! No! 1A2%B0 52 e A' 200A &" ruled that first2 a misrepresentation in a "0" is material when it refers to a 1ualification for elective office and affects the candidate<s eligibilityE second2 when a candidate commits a material misrepresentation O third2 a misrepresentation of a non:material fact2 or non:material misrepresentation2 is not a ground to deny due course to or cancel a "0" under &ec. $4. +n other words2 for a candidate<s certificate of candidacy to be denied due course or canceled by the "omelec2 the fact misrepresented must pertain to a 1ualification for the office sought by the candidate. .unong barangay said that he was a ".A when in fact he is not*.

8i.;2-li+ic-tio 2 )er t,e Loc-l Go(er 1e t Co)e R!A! A160 A candidate for an elective office may li,ewise be dis1ualified on the following grounds 8 those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one 3* year or more imprisonment2 within # years after serving sentence. &ec. B@* Cualifications of local elective candidates under the ;I" was as,ed in the 3AAA Bar*

!0-7: -he 3st ground for dis1ualification consists of two #* parts2 namely: 3* those sentenced by final judgment for an offense involving moral turpitude2 regardless of the period of imprisonmentE and #* those sentenced by final judgment for an offense2 0-D7' -DA! one involving moral turpitude2 punishable by one 3* year or more imprisonment2 within # years after serving sentence. &ec. B@ of 'A $3(@ limits the dis1ualification to two #* years after service of sentence. -his should now be read in relation to &ec. 33 of 'A 434A which enumerates those who are dis1ualified to register as a voter. -he # year dis1ualification period under &ec. B@ is now deemed amended to last % years from service of sentence after which period the voter will be eligible to register as a voter and to run for an elective public office. -hose convicted by final judgment for violating the oath of allegiance to the 'epublic 5ugitives from justice in criminal and non:political cases .

+n "-r;2e9' Dr! (.! Co1elec - ) Ro)ri*2e9 2?& SCRA 2 it was held that fugitives from justice refer to a person who has been convicted by final judgment. -he &" ruled that when a person leaves the territory of a state not his own2 homeward bound and subse1uently learns of the charges filed against him while he is in his own country2 does not outrightly 1ualify him as a fugitive from justice if he does not subject himself to the jurisdiction of the former state. =hen 'odrigue/ left the 6&2 there was yet no complaint filed and warrant of arrest2 hence there is no basis in saying that he is running away from any prosecution or punishment. -hose removed from office as a result of an administrative charge

+n 'odolfo Aguinaldo vs. "omelec2 it was held that a public elective official cannot be removed for administrative conduct committed during a prior term as his re:election to office operates as a condonation of the officers previous misconduct to the extent of cutting of the right to remove him therefore.

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Gre*o (! Co1elec 2AB SCRA B%1 2 the "ourt ruled that &ec. B@ of 'A $3(@ does not have any retroactive effect. +n this case a 9eputy &heriff was removed for serious misconduct in 3A43. De run in 3AA# O 3AA%. Dis removal in 3A43 cannot serve as basis for his dis1ualification. ;aws have prospective effect. -hose with dual citi/enship. -he relevant cases under this provision are the cases of 8 Mercado v. Man/ano O "omelec I.'. !o. 3)%@4) May #%2 3AAA A/nar v. "omelec 34% &"'A $@) "irilo Valles v. "omelec O ;ope/ I.'. P3)4@@@ August A2 #@@@ +n A9 -r' it was ruled that the mere fact that respondent 0smeQa was holder of a certificate stating that he is an American citi/en did not mean that he is no longer a 5ilipino O that an application for an A"' was not tantamount to renunciation of his .hilippine "iti/enship. "erc-)o (! "- 9- o L Co1elec2 it was held that the fact that respondent Man/ano was registered as an American citi/en in the B+9 O was holding an American passport on April ##2 3AA$2 only a year before he filed a certificate of candidacy for Vice:Mayor of Ma,ati2 were just assertions of his nationality before the termination of his American citi/enship. V-lle. (! Lo/e92 the "ourt held that the mere fact that ;ope/ was a holder of an Australian passport and had an A"' are not act constituting an effective renunciation of citi/enship and do not militate against her claim of 5ilipino citi/enship. 5or renunciation to effectively result in the lost of citi/enship2 the same must be express "om. Act ()2 &ec. 3*. 'eferring to the case of A/nar2 an A"' does not amount to an express renunciation or repudiation of one<s citi/enship. &imilarly2 her holding of an Australian passport as in the Man/ano case2 were li,ewise mere acts of assertions before she effectively renounced the same. -hus2 at the most2 ;ope/ had dual citi/enship 8 she was an Australian and a 5ilipino2 as well. +n reconciling the dis1ualification under &ec. B@ of 'A $3(@. -he "ourt clarified and as ruled in the Man/ano case Fdual citi/enshipG as used in the ;I" and reconciled with Article IV Sectio ? o+ t,e 1&%A "onstitution on dual allegiance 82-l -lle*i- ce o+ citi9e . i. i i1ic-l to t,e -tio -l i tere.t - ) .,-ll <e )e-lt 3it, <0 l-3!G* +n recogni/ing situation in which a 5ilipino citi/en may2 without performing any act2 as an involuntary conse1uence of the conflicting laws of different countries2 be also a citi/en of another state jus sanguinis for the .hilippines where the child follows the nationality or citi/enship of the parents regardless of his>her place of birth as opposed to jus soli which determines nationality or citi/enship on the basis of place of birth*2 the "ourt explained that dual citi/enship as a dis1ualification must refer to citi/ens with dual allegiance. -he fact that ;ope/ had dual citi/enship did not automatically dis1ualify her from running for public office. 5or candidates with dual citi/enship2 it is enough that they elect .hil. "iti/enship upon the filing of their certificate of candidacy2 to terminate their status as persons with dual citi/enship. -he filing of the certificate of candidacy sufficed to renounce foreign citi/enship effectively removing any dis1ualification as a dual citi/en. +n the "ertificate of "andidacy2 one declare that he>she is a 5ilipino citi/en and that he>she will support and defend the "onstitution of the .hilippines and will maintain true faith and allegiance thereto. &uch declaration2 which is under oath2 operates as an effective renunciation of foreign citi/enship. $NOTE: +n this case the &" considered the issue of the citi/enship of ;ope/ as res judicata contrary to the claim of Valles that when citi/enship is raised as an issue in judicial O administrative proceedings2 the resolution or decision thereon is general not considered res judicata as held in Moy ?a ;im ?ao v. "om of +mmigration B3 &"'A #A#. 'eference was made to the case of Burca vs. 'epublic %3 &"'A #B4 which provided for an exception that in order for the doctrine to apply the following must be present 3* a person<s citi/enship be raised as a material issue in a controversy were said person is a partyE #* the &I or his authori/ed representative too, active part in the resolution thereofE and )* the finding on citi/enship is affirmed by the &"* Lo/e9 (! Co1elec ??& SCRA 6&6 #@@4*8 -he ruling in Valles in #@@@ has been superseded by the enactment of 'A A##% in #@@). 'A A##% expressly provides for the condition before those who re: ac1uired 5ilipino citi/enship may run for a public office in the .hilippines. &ection % of the said law states: F"ivil and .olitical 'ights and ;iabilities. 8 -hose who retain or re:ac1uire .hilippine "iti/enship under this Act shall enjoy full civil and political rights and be subject to all attendant liabilities and responsibilities under existing laws of the .hilippines and the following conditions xxx #* -hose see,ing

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elective public office in the .hilippines shall meet the 1ualifications for holding such public office as re1uired by the "onstitution and existing laws and2 at the time of the filing of the certificate of candidacy2 ma,e a personal and sworn renunciation of any and all foreign citi/enship before any public officer authori/ed to administer an oath. AAS5S "e1<er-,ector G! C-lil2 * (.! Secret-r0 o+ 52.tice G!R! No! 160%6&' 1-0 11' 200A' the &" too, the opportunity to set parameters of what constitutes dual allegiance considering that it only made a distinction between dual allegiance and dual citi/enship in Mercado vs. Man/ano. 5A"-&: 5ollowing the implementation of 'A A##% FAn Act Ma,ing the "iti/enship of .hilippine "iti/ens =ho Ac1uire foreign "iti/enship .ermanent2 amending for the purpose "A ()2 as amended2 petitioner filed a petition against respondent 90J &ecretary &imeon 9atumanong who was tas,ed to implement laws governing citi/enship. De prayed for a writ of prohibition to stop respondent from implementing 'A A##%. he avers that 'A A##% is unconstitutional as it violates Sectio ?' Article IV o+ t,e 1&%A Co .tit2tio t,-t .t-te. F 82-l -lle*i- ce o+ citi9e . i. i i1ic-l to t,e -tio -l i tere.t - ) .,-ll <e )e-lt 3it, <0 l-3=! De contends that the Act cheapens the .hilippine citi/enship since the Act allows all 5ilipinos2 either natural:born or naturali/ed2 who become foreign citi/ens2 to retain their .hilippine citi/enship without losing their foreign citi/enship. &ection ) permits dual allegiance because said law allows natural:born citi/ens to regain their .hilippine by simply ta,ing an oath of allegiance without forfeiting their foreign allegiance. -he "onstitution however2 is categorical that dual allegiance is inimical to the national interest. D7;9: -he intent of the legislature in drafting 'A A##% is to do away with the provision in "A ()2 which ta,es away .hilippine citi/enship from natural:born 5ilipinos who become naturali/ed citi/ens of other countries. 'A A##% allows dual citi/enship to natural:born 5ilipino citi/ens who have lost .hilippine citi/enship by reason of their naturali/ation as citi/ens of a foreign country. 0n its face2 it does not recogni/e dual allegiance. By swearing to the supreme authority of the 'epublic2 the person implicitly renounces his foreign citi/enship. .lainly2 from Sectio E' RA &22? stayed clear out of the problem of dual allegiance and shifted the burden of confronting the issue of whether or not there is dual allegiance to the concerned foreign country. =hat happens to the other citi/enship was not made a concern of 'A A##%. Note@ Sectio ?' Article IV o+ t,e Co .tit2tio i. - )ecl-r-tio o+ - /olic0 - ) it i. ot - .el+e:ec2ti * /ro(i.io ! T,e le*i.l-t2re .till ,-. to e -ct t,e l-3 o )2-l -lle*i- ce!7 +n 8e G291- (! Co1elec' G!R! No! 1%00B% 52 e 1&' 200&' it was held that Fwhere the 0ath of allegiance and certificate of candidacy did not comply with Sectio ?$27 o+ RA &22? which further re1uires those see,ing elective public office in the .hilippines to ma,e a personal and sworn renunciation of foreign citi/enship as where the candidate for VM of Iuimba2 !ueva 7cija failed to renounce his American citi/enship2 it was held that he was dis1ualified from running for VM in the May 3B2 #@@$ elections. Fri(-l)o (! Co1elec 1AB SCRA 2B? $1&%&7. 5rivaldo was proclaimed governor elect of the .rovince of &orsogon and subse1uently assumed office. A dis1ualification was filed against him by the ;eague of Municipalities2 &orsogon "hapter on the ground that he was not a 5ilipino citi/en2 having been naturali/ed in the 6& in 3A4)2 which he admitted but which he undertoo, only to protect himself against then .resident Marcos. -he &" found 5rivaldo dis1ualified for not having possessed the re1uirement of citi/enship which cannot be cured by the electorate2 especially if they mista,enly believed2 as in this case2 that the candidate was 1ualified. Re/2<lic (! )el- Ro.- 2E2 SCRA A%?. -he dis1ualification of 5rivaldo was again at issued. 5rivaldo opted to reac1uire his .hilippine citi/enship thru naturali/ation but however failed to comply with the jurisdictional re1uirement of publication2 thus2 the "ourt never ac1uired jurisdiction to hear the naturali/ation of 5rivaldo. De was again dis1ualified. +n Fri(-l)o (! Co1elec 2?A SCRA A2 $1&&6 *2 5rivaldo later reac1uired .hilippines citi/enship and obtained the highest number of votes in ) consecutive elections but was twice declared by the &" to be un1ualified to hold office due to his lac, of citi/enship re1uirement. De claimed to have re:ac1uired his 5ilipino citi/enship thru repatriation. +t was established that he too, his oath of allegiance under the provision of .9 $#% at #pm on )@ June 3AA%2 much later than the time he filed his certificate of candidacy.

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+t was held that the Fthe law does not specify any particular date or time when the candidate must possess citi/enship unli,e that of residence and age2 as Sec! E& o+ RA A160 specifically spea,s of F1ualification of elective officials2 not candidatesG thus2 the citi/enship re1uirement in the local government code to be possessed by an elective official 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. But to remove all doubts on this important issue2 the "ourt held that the repatriation of 5rivaldo retroacted to the date of the filing of his application on 3$ August 3AAB and being a former 5ilipino who has served the people repeatedly and at the age of 432 5rivaldo deserves liberal interpretation of the .hilippine laws and whatever defects there were in his nationality should now be deemed mooted by his repatriation. E ter1 li1it or ,-(i * .er(e) E co .ec2ti(e ter1. !

Article >' Sectio %' 1&%A "onstitution and Sectio BE$<7 o+ RA A160 provides F!o local elective official shall serve for more than ) consecutive terms in the same position. Voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of service for the full term for which the elective official concerned was elected. I L-ce)- Sr!' (.! Li1e - L Co1elec ?A1 SCRA 60E 8 the "ourt held that the rationale behind &ection # of 'A A3(B2 li,e &ection B) of 'A $3A@ ;ocal Iovernment "ode* from which the ):term rule was ta,en2 is primarily intended to broaden the choices of the electorate of the candidates who will run for office2 and to infuse new blood in the political arena by dis1ualifying officials from running for the same office after a term of A years. -he case of ;aceda &r. involved a similar 1uestion in L-t-.- (.! Co1elec B1A SCRA 601 where the "ourt held that where a person has been elected for ) consecutive terms as municipal mayor and prior to the end or termination of such ):year term the municipality has been converted by law into a city2 without the city charter interrupting his term until the end of the ):year term2 the prohibition applied to prevent him from running for the Bth time as city mayor thereof2 there being no brea, in the continuity of the terms. "omelec did not err nor commit any abuse of discretion when it declared ;aceda dis1ualified and cancelled his "0". A)or1eo (! Co1elec L T-l-*-' 5r! G!R! No! 1BA&2A 0B Fe<r2-r0 2002 - ) citi * BorD- (! Co1elec 2&? SCRA 1?A - ) Lo 9- i)- (! Co1elec E11 SCRA 602 2 it was ruled that the term limit for elective local officals must be ta,en to refer to the Fri*,t to <e electe)= as well as the F ri*,t to .er(e i t,e .-1e electi(e /o.itio != -hus2 two #* conditions for the application of the dis1ualification must concur: that the official concerned has been elected for three )* consecutive terms in the same local government postE and that the has fully served the three )* consecutive terms. +n this case2 respondent -alaga2 Jr.2 was elected mayor of ;ucena "ity in May 3AA#. De served the full term2 was re:elected in 3AA%:A4 but lost in the 3AA4 election to -agarao. +n the recall elections of May #@@@2 -alaga2 Jr. won and served the unexpired term of -agarao until )@ June #@@3. -alaga Jr. filed his certificate of candidacy for the same position in the #@@3 elections which candidacy was challenged by petition Adormeo on the ground that -alaga2 Jr. is already barred by the ):term limit rule. Adormeo contends that -alaga<s candidacy violated &ection 42 Article K of the "onstitution which states that the term of office of local elective officials shall be three )* years and no such official shall serve for more than three )* consecutive terms citing the case of ;on/anida v. "omelec -o further support his case2 he adverts to the comment of 5r. Joa1uin Bernas who stated that in interpreting said provision that Fif one is elected representative to serve the unexpired term of another2 that unexpired term2 no matter how short2 will be considered one term for the purpose of computing the number of successive terms allowed.G -he "omelec en banc ruled in favor of -alaga which reversed the ruling of the 3 st division and held that 8 3* -alaga was not elected for ) consecutive terms because he did not win the 33 May 3AA4 electionsE #* that he was installed only as mayor by reason of his victory in the recall electionsE )* that his victory in the recall elections was not considered a term of office and is not included in the ):term dis1ualification rule and finally B* that he did not fully serve the ) consecutive term. Dis loss in the 33 May 3AA4 elections is considered an interruption in the continuity of his service as Mayor of ;ucena "ity. +&&67: =as -alaga dis1ualified to run for Mayor of ;ucena "ity in the 3B May #@@3 electionsR

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+n holding the 1ualifications of -alaga2 the &" reiterated its ruling in Borja that the term limit for elective local officials must be ta,en to refer to the right to be elected as well as the right to serve in the same elective position considering that the continuity of his mayorship was disrupted by the defeat in the 3AA4 elections which is considered as an interruption in the continuity of service. -he &" further held that the comment of 5r. Bernas is pertinent only to member of the D' there being no recall elections provided for members of "ongress. +n Lo 9- i)- (! Co1elec - ) L2 2% E11 SCRA 602 $52l0 1&&%7 2 ;on/anida was elected and served # consecutive terms as municipal mayor of &an Antonio2 Lambales2 prior to the @4 May 3AA% elections. +n the May 3AA% elections2 ;on/anida ran for the same elective post and was again proclaimed winner. De assumed office and discharged the duties thereof. Dis proclamation in 3AA% was however contested by his then opponent Juan Alve/ who filed an election protest before the '-" of Lambales which rendered a decision dated @A January 3AA$ declaring a failure of elections rendering the result for the office as null and void. -he office of the mayor was then declared vacant. Both parties appealed to the "omelec and on 3) !ov. 3AA$2 it resolved the election protest filed by Alve/ in his favor after determining that Alve/ garnered the plurality of votes. -he "omelec issued a writ of execution ordering ;on/anida to vacate the post to which he obeyed and Alve/ assumed for the remainder of the term. ;on/anida again filed his certificate of candidacy for Mayor in the 33 May 3AA4 and his opponent timely filed a petition to dis1ualify him for the same post. +&&67: =hether ;on/anida<s assumption of office from May 3AA% to March 3AA4 may be considered as service of one full term for the purpose of applying the ):term limit for elective local government officials. +t was held that ;on/anida is still 1ualified to run for mayor and held that the #:r1uisites for the application of the ):term limit is wanting. 5irst2 petitioner cannot be considered as having been elected to the post in the May 3AA% elections2 and second2 the petitioner did not fully serve the 3AA%:3AA4 mayoralty term by reason of involuntary relin1uishment of office. As repeatedly ruled by the &"2 a F /rocl-1-tio .2<.e;2e tl0 )ecl-re) (oi) i. o /rocl-1-tio -t -ll - ) 3,ile - /rocl-i1e) c- )i)-te 1-0 -..21e o++ice o t,e .tre *t, o+ t,e /rocl-1-tio o+ t,e BOC' ,e i. o l0 - /re.21/ti(e 3i er 3,o -..21e. t,e o++ice .2<Dect o+ t,e +i -l o2tco1e o+ t,e electio /rote.t!= A ot,er i..2e r-i.e) i Lo 9- i)- i. t,-t t,e Co1elec -lre-)0 lo.t D2ri.)ictio o(er t,e )i.;2-li+ic-tio c-.e 3,e ,e 3-. /rocl-i1e) -. 3i er - ) t,-t D2ri.)ictio i. -lre-)0 3it, t,e RTC +or KW! -he &" reiterated its ruling in -rinidad v. "omelec #44 &"'A $( 3AA4* that pursuant to &ec. ( of 'A ((B(2 the proclamation nor assumption of office of a candidate against whom a petition for dis1ualification is pending before the "omelec does not divest the "omelec of jurisdiction to continue hearing the case and resolve it on the merits. $Also ruling in 8i9o (! Co1elec ?AA SCRA ?%&7! BorD- (! Co1elec 2&? SCRA 1?A $1&&%7 2 the &" ruled on the issue on whether a VM who succeeds to the office of mayor by operation of law and serves the remainder of the term is considered to have served a term in that office for the purpose of the ):term limit. -he &" upheld the decision of the "omelec that succession for the expired term is not the service contemplated as would dis1ualify the elective official from running for the same elective post. -he purpose of this provision is to prevent a circumvention of the limitation on the number of terms an elective local official may serve. "onversely2 if he is not serving a term for which he was elected as he was simply continuing the service of the official he succeeds2 such official cannot be considered to have fully served the term notwithstanding his voluntary renunciation of office prior to his expiration. As,ed in the #@@3 BA'* +n applying said policy2 the following situations tenures in office* are !0- considered service of term for purpose of applying the ):term limit 8 officer fills up a higher office by succession>operation of law officer is suspended from office failed to serve full term>involuntary* officer unseated2 ordered to vacate by reason of an election protest case officer serving unexpired term after winning in the recall electionsE

I O * (.! Ale*re BA& SCRA BAE 8 A petition for dis1ualification was filed against 5rancis 0ng for having violated the ):term limit rule for having served as mayor of &an Vicente "amarines !orte in the May 3AA%2 3AA4 O #@@3 elections. -he controversy revolves around the 3AA4:#@@3 mayoral term wherein the election protest filed by Alegre was promulgated after the term of the contested office has expired.

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-he 1uestion for consideration is whether or not the assumption of 5rancis 0ng as Mayor from July 32 3AA4 to June )@2 #@@32 may be considered as one full term service in the context of the consecutive term limit rule. -he "ourt declared that such assumption of office constitutes2 for 5rancis2 Fservice for the full termG and should be counted as a full term served in contemplation of the ):term limit prescribed by the constitutional and statutory provisions2 barring elective officials from being elected and serving for more than ):consecutive terms. -he "ourt debun,ed the claim of 5rancis 0ng that he was only a presumptive winner in view of the ruling of the '-" that Alegre was the real winning candidate in the light of his being proclaimed by the MB0" coupled by his assumption of office and his continuous exercise of the functions thereof from start to finish of the term2 should legally be ta,en as service for a full term in contemplation of the ):term rule. ;on/anida from which 0ng sought refuge is not applicable in view of the involuntary relin1uishment of office before the expiration of his term. &ame ruling in Ri(er- III (.! Co1elec ?2E SCRA 7 Al)o(i o 5r!' (.! Co1elec 60& SCRA 2EB $200&7 Article K2 &ection 4 8 both by structure and substance 8 fixes an elective official<s term of office and limits his stay in office to ) consecutive terms as an inflexible rule that is stressed2 no less2 by citing voluntary renunciation as an example of a circumvention. -he provision should be read in the context of interruption of term, !0- in the context of interrupting the full continuity of the exercise of the power of the elective position. -he Fvoluntary renunciationG it spea,s of refers only to the elective official<s involuntary relin1uishment of office and loss of title to this office. It )oe. ot ./e-4 o+ t,e te1/or-r0 Fce..-tio o+ t,e e:erci.e o+ /o3er or -2t,orit0= t,-t 1-0 occ2r +or (-rio2. re-.o .' 3it, /re(e ti(e .2./e .io <ei * o l0 o e o+ t,e1! K2oti * L-t-.- t,e l-3 co te1/l-te. - re.t /erio) )2ri * 3,ic, t,e loc-l electi(e o++ici-l .te/. )o3 +ro1 o++ice - ) ce-.e. to e:erci.e /o3er or -2t,orit0 o(er t,e i ,-<it- t. o+ t,e territori-l D2ri.)ictio o+ - /-rtic2l-r *o(er 1e t 2 it!= 8ISKUALIFICATION CASES $EFFECTS7 Sec! A2 o+ t,e OEC - ) Sectio 6 o+ 66B6 .t-te. : Fany candidate who been declared by final judgment to be dis1ualified shall not be voter for2 and the votes cast for him shall not be counted. +f for any reason a candidate is not declared by final judgment before an election to be dis1ualified and is voted for and received the winning number of votes in such election2 the "omelec shall continue with the trial and hearing of the action2 in1uiry or protest and2 upon motion of the complainant or any intervenor2 may during the pendency thereof order the suspension of the proclamation of such candidate whenever the evidence of guilt is strong.G 'uling in "o1uilla case* 6nder RA &006 or t,e F-ir Electio Act o+ 20022 also allowed substitution of candidates. Dowever2 in case of valid substitution2 votes cast for the substituted candidates are considered stray2 except if the substituted candidate has the same surname. 7ven in non:partisan election barangay elections*2 candidates may be substituted. +n 'ulloda v. "omelec2 'omeo 'ulloda was a candidate for barangay chairman who passed away on ## June #@@#. Dis wife on #% June wrote a letter to the "ommission on 7lections see,ing permission to run as candidate for Barangay "hairman of &to. -omas2 &an Jacinto2 .angasinan in lieu of her late husband which letter was supported by the Appeal:.etition containing several signatures of people purporting to be members of the electorate of said barangay. +n view of the death of 'ulloda2 the 70 issued a directive to the BB0" not to count the votes in favor of Betty or 'ulloda. 'ulloda however garnered the highest number of votes %3( as against .lacido<s #A@. But notwithstanding2 the BB0" proclaimed .lacido as the winning candidate. &ubse1uently2 "omelec denied due course the "ertificate of "andidacy of Betty .etronila 'ulloda based on &ec.A of its "omelec 'esolution B4@3 setting forth guidelines in the filing of certificates of candidacy in connection with the July 3% &ynchroni/ed Barangay and &H 7lections which disallowed substitution of candidates for the said elections. Dence2 rulloda filed the instant petition see,ing to annul &ection A of 'eso B4@3 and to nullify the proclamation of .lacido. "omelec contends that 'eso B4@3 cannot be subject of review in a petition for certiorari as it was issued not pursuant to its CJ functions but as an incident of its inherent administrative functions over the conduct of the barangay electins. +t was held that the petition has merit.: election means the choice or selection of candidates to office by popular vote. -here is no dispute that petitioner garnered the highest number of votes. "omelec ignored the purpose of election laws which is to give effect to2 rather than frustrate the will of the voter.

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&ince barangay elections are non:partisan2 substitution under &ec. $$ is not allowed since there is no political party from which to designate the substitute. -he absence of a specific provision governing substitution in barangay elections cannot be inferred as a prohibition against said substitution. &uch restrictive construction cannot be read into the law where the same is not written. -here is more reason to allow the substitution where no political parties are involved than when political considerations or party affiliations reign2 a fact that must have been subsumed by law. CA"PAIGN AN8 ELECTION PROPAGAN8A

Electio /erio) i. 120 )-0. : A@ days before the date of the election and )@ days thereafter. "ampaign period for .res.2 V. and &enators starts A@ days before the date of the election2 B% days for members of the D' and local candidate and 3% days for barangay official2 which excludes the day before and the day of the elections. Pro,i<ite) Acti(itie. Sectio %0 BP%%1 8 Election ca!"ai#n or "artisan "olitical acti$it% outside ca!"ai#n "eriod +t shall be unlawful for any person whether or not a voter or candidate2 or for any party or association of persons2 to engage in an election campaign or partisan political activity except during the campaign period: .rovided2 -hat political parties may hold political convention or meetings to nominate their official candidates within )@ days before the commencement of the campaign period and B% days for .resident and Vice:.resident. RA &006 $F-ir Electio L-37' Sectio E! 7lection propaganda whether on television2 cable television2 radio2 newspapers or any other medium is hereby allowed for all registered political parties2 national2 regional2 sectoral parties or organi/ations participating under the party:list elections and for all bona fide candidates see,ing national and local positions subject to the limitation on authori/ed expenses of candidates and political parties2 observance of truth in advertising and to the supervision and regulation by the "omelec. Re;2ire1e t. +or P2<li.,e) or Pri te) Bro-)c-.t Electio Pro/-*- )- . RA &006 now allows paid political advertisements for print and broadcast media provided the said advertisement shall bear and be identified by reasonably legible or audible words F Politic-l -)(erti.e1e t /-i) +or= +ollo3e) <0 t,e tr2e - ) correct -1e - ) -))re.. o+ t,e c- )i)-te or /-rt0 +or 3,o.e <e e+it t,e electio /ro/-*- )- 3-. /ri te) or -ired. Free o+ c,-r*e 8 if broadcast is given free of charge the radio and television station2 it shall be identified by the words Fairtime for this broadcast was provided free of charge byG followed by the true and correct name and address of the broadcast entity. .rovided that said print2 broadcast donated shall not be published or printed without the written acceptance of the candidate or political party which acceptance shall be attached to the advertising contract and submitted to the "omelec. G2i)eli e. 3,et,er <0 /2rc,-.e or )o -tio 8 .rint advertisements shall not exceed S page in broadsheet and T page in tabloids ) x a wee, per newspaper2 maga/ine or other publications during the campaign period. &ection (2 'A A@@(*. Tele(i.io IR-)io A)(erti.e1e t. 8 nation candidates>registered political party shall be entitled to not more than 3#@ minutes of -V advertisement and 34@ minutes of radio. ;ocal candidates not more than (@ minutes of -V advertisement and A@ minutes of radio. Co1elec Ti1e - ) ./-ce 8 print space2 "omelec shall pay just compensation ..+ ruling* in at least ) newspapers of general circulation which "omelec shall allocate free of charge to the national candidates. Broadcast networ, radio and -V* free of charge to "omelec. $Sectio %' RA &0067 Li1it-tio . I Bro-)c-.ti * o+ Electio Acco2 t. 8 "omelec shall ensure that radio and television or cable television broadcasting entities shall not allow the scheduling of any program or permit any sponsor to manifestly favor or oppose any candidate or political party or unduly or repeatedly referring to or including said candidate and>or political party in such program respecting2 however2 in all instances the right of said broadcast entities to air accounts of significant news or news worthy events and views on matter of public interest. Re.trictio . o "e)i- Pr-ctitio er. 8 any mass media columnist2 commentator2 reporter or non:air correspondent or personality who is a candidate for any elective office or is a campaign volunteer for or

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employed or retained in any capacity by any candidate or political party shall be deemed resigned2 if so re1uired by their employer2 or shall ta,e a leave of absence from his>her wor, as such during the campaign period. Any media practitioner who is an official of a political party or member of the campaign staff of a candidate or political party shall not use his>her time or space to favor any candidate or political party. !o movie2 cinematography or documentary portraying the life or biography of a candidate shall be publicly exhibited in a theater2 television stations or any public forum during the campaign period or those portrayed by an actor or media personality who is himself a candidate. RA &006' Sectio ? Electio .2r(e0. refers to the measurements of opinions and perceptions of the voters as regards a candidate<s popularity2 1ualifications2 platforms or matter of public discussion in relation the election2 including voters< preference or candidates or publicly discussed issues during the campaign period. -he person or entity who publishes a survey is re1uired to include the following information: !ame of the person2 candidate2 party or organi/ation who commissioned or paid the surveyE !ame and address of the person or polling firm from who conducted the survey .eriod during which the survey was conducted2 methodology used2 including the number or individual respondents and the areas from which they were selected and the specific 1uestions as,ed Margin of error of the survey.

-he survey together with the raw data gathered to support the conclusions shall be available for inspection2 copying and verification by the "omelec2 or by the registered political party or any "omelec accredited citi/en arm. Po.ti * o+ C-1/-i* "-teri-l. 8 political parties and party:list groups may be authori/ed by the "omelec common poster areas for their candidates in not more than 3@ public places such as pla/as2 mar,ets2 barangay centers and the li,e2 wherein2 candidates can post2 display or exhibit election propaganda. -he si/e of the poster areas shall not exceed 3# x 3( feet or it e1uivalent. =ith respect to independent candidates2 may li,ewise avail of this but the difference is merely on the si/e which shall not exceed B x ( feet or its e1uivalent. $Sectio &' RA &0067 RA &1%&' Sectio 1? 8 Re#ulation of Ca!"ai#n A&road 8 -he use of campaign materials2 as well as the limits on campaign spending shall be governed b the laws and regulations applicable to the .hilippines. BP%%1' Sectio &? 'rohi&ited Contri&utions! !o contribution for purposes of partisan political activity shall be made directly or indirectly by any of the following: a* .ublic or private financial institutions: .rovided2 however2 -hat nothing herein shall prevent the ma,ing of any loan to a candidate or political party by any such public or private financial institutions legally in the business of lending money2 and that the loan is made in accordance with laws and regulations and in the ordinary course of the businessE b* !atural and juridical persons operating a public utility or in possession of or exploiting any natural resources of the nationE c* !atural and juridical persons who hold contract or sub:contract to supply the government or any of its divisions2 subdivisions or instrumentalities2 with goods or services or to perform construction or other wor,sE d* !atural and juridical persons who have been granted franchises2 incentives2 exemptions2 allocations or similar privileges or concessions by the government or any of its divisions2 subdivisions or instrumentalities2 including government:owned or controlled corporations. e* !atural and juridical persons who2 within the one year prior to the date of the election2 have been granted loans or other accommodations in excess of 3@@H by the government or any of its divisions2 subdivisions or instrumentalities including government owned or controlled corporations. f* 7ducational institutions which have received grants of public funds to no less than 3@@HE g* 0fficials or employees in the "ivil &ervice2 or members of the Armed 5orces of the .hilippinesE h* 5oreigners and foreign corporations. +t shall be unlawful for any person to solicit or receive any contribution from any of the persons or entities enumerated herein.

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ABS-CBN E2E SCRA %112 the &" defined exit polls as a specie of electoral survey conducted by 1ualified individuals or groups of individuals for the purpose of determining the probable result of an election by confidentially as,ing randomly selected voters whom they have voted for2 immediately after they have officially cast their ballots. An absolute prohibition is unreasonably restrictive because it effectively prevents the use of exit poll data not only for election days of the elections2 but also for long term research. -he concern of "omelec of a non:communicative effect of the exit polls which is disorder and confusion in the voting centers does not justify a total ban of the exist polls. "omelec should instead set safeguards in place for those who intends to conduct exit polls. Sectio ?!? o+ RA &006 $F-ir Electio . L-3 * provides for the re1uirements for the ta,ing of an exit polls: pollsters shall not conduct their survey within %@ meters from the polling place whether said survey is ta,en in a home2 dwelling place and other placesE pollsters shall wear distinctive clothingE pollsters shall inform the voters that they may refuse to answerE and the result of the exit polls may be announced after the closing of the polls on election day2 and must clearly identify the total number of respondents2 and the places where they were ta,en.. &aid announcement shall state that the same is unofficial and does not represent a trend.

SOCIAL WEATHER STATION (.! CO"ELEC E?A SCRA B&6 8 -his case involved the issue on election surveys. &=& is a private non:stoc,2 non:profit social research institution conducting surveys in various fields2 including economics2 politics2 demography and social development2 and thereafter2 processing2 analy/ing and publicly reporting the results thereof. 0n the other hand2 Hamahalan .ublishing "orporation publishes the Manila &tandard2 a newspaper of general circulation2 which features newsworthy items of information including election surveys. .etitioners brought this action for prohibition to enjoin the "omelec from enforcing par. %.B of 'A A@@( which provides2 F&urveys affecting national candidates shall not be published fifteen 3%* days before an election and surveys affecting local candidates shall not be published seven $* days before an electionG. -he term Felection surveysG is defined in par. %.3 of the law as follows G7lection surveys refer to the measurement of opinions and perception of the voters as regards a candidate<s popularity2 1ualification2 platforms or a matter of public discussion in relation to the election2 including voters< preference for candidates or publicly discussed issues during the campaign periodG. .etitioner &=& states that it wishes to conduct an election survey throughout the period of the elections both at the national and local levels and release to the media the results of such survey as well as publish them directly. Hamahalan also states that it intends to publish election survey results up to the last day of the elections on May 3B2 #@@3. D7;9: .ar. %.B constitutes an unconstitutional abridgement of freedom of speech2 expression and the press. +t is invalid because it imposes a prior restraint on the freedom of expression and it is a direct and total suppression of a category of expression even though such suppression is only for a limited period2 and the governmental interest sought to be promoted can be achieved by means other than the suppression of freedom of expression. PRE"ATURE CA"PAIGNING +n Fr- ci.co C,-(e9 (! Co1elec et! -l! G!R! No! 162AAA E1 A2*2.t 200B 2 "have/ brought before the &" a .etition for .rohibition with prayer for the issuance of a writ of preliminary injunction as taxpayer and citi/en as,ing the "ourt to enjoin the "omelec from enforcing &ection #3 of its 'esolution !o. (%#@ dated @( January #@@B. &ec. )# provides: All propaganda materials such as posters2 streamers2 stic,ers or paintings on
walls and other materials showing the picture or name of a person and all advertisements on print2 in radio or on television showing the image or mentioning the name of a person2 who subse1uent to the placement or display thereof becomes a candidate for public office shall be immediately removed by said candidate and radio station2 print media or television station within ) days after the effectivity of these implementing rulesE otherwise2 he and the said radio station2 print media or television station shall be presumed to have conducted premature campaigning in violation of &ec. 4@ of the 07"*

"have/ on various dates entered in formal agreement with certain establishment to endorse their products and pursuant thereto2 ) bill boards were set up on some strategic areas in Metro Manila. &ubse1uently on )@ 9ecember #@@)2 "have/ filed his certificate of candidacy for the position of &enator.

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0n @( January #@@B2 "omelec issued 'esolution !o. (%#@ which contained &ection )#. "omelec directed "have/ to comply with the said provision and replied how he may have violated the assailed provision. Another letter was sent see,ing exemption from the application of &ection )#2 considering that the billboard adverted to are mere product endorsements and cannot be construed as paraphernalia for premature campaigning under the rules. "omelec replied by informing him to remove or cover the said billboards pending the resolution of the "omelec on his re1uest for exemption. Aggrieved2 "have/ sent to the &" via a petition for prohibition see,ing the said provision as unconstitutional based on the following grounds 8 +t was a gross violation of the non:impairment clause An invalid exercise of police power +n the nature of an ex post facto law "ontrary to the 5air 7lections Act +nvalid due to overbreadth As to the 3st issue 8 is &ection )# of "omelec 'esolution !o. (%#@ an invalid exercise of police powerR .etitioner argues: the billboards even if it bears his name* do not at all announce his candidacy for any public office nor solicit for such candidacy from the electorateE they are mere product endorsements and not election propaganda. .rohibition is not within the scope of power of the "omelec. '6;+!I 8 police power is an inherent attribute of sovereignty2 is the power to prescribe regulations to promote the health2 morale2 peace2 education2 good order or safety of the general welfare of the people. T,e /ri1-r0 o<Decti(e o+ t,e /ro(i.io i. to /ro,i<it /re1-t2re c-1/-i* i * - ) to le(el t,e /l-0i * +iel) +or c- )i)-te. o+ /2<lic o++ice' to e;2-li9e t,e .it2-tio <et3ee /o/2l-r or ric, c- )i)-te.' o o e ,- ) - ) le..er-4 o3 or /oorer c- )i)-te.' o t,e ot,er' <0 /re(e ti * t,e +or1er +ro1 e Do0i * 2 )2e -)(- t-*e i e:/o.2re - ) /2<licit0 o -cco2 t o+ t,eir re.o2rce. - ) /o/2l-rit0! T,i. i. - (-li) re-.o +or t,e e:erci.e o+ /olice /o3er -. ,el) i t,e P,ili//i e. Pre.. I .tit2te (! Co1elec c-.e! +t is true that when petitioner entered into the contract or agreements to endorse certain products2 he acted as a private individual and had all the right to lend his name and image to these products. Dowever2 when he filed his "0" for senator2 the billboards featuring his name and image assumed partisan political character because the same directly promoted his candidacy. +f subject billboards were to be allowed2 candidates for public office whose name and image are used to advertise commercial products would have more opportunity to ma,e themselves ,nown to the electorate2 to the disadvantage of other candidates who do not have the same chance of lending their faces and names to endorse popular commercial products as image models. &imilarly2 an individual intending to run fro public office within the next few months2 could pay private corporations to use him as their image model with the intention of familiari/ing the public with his name and image even before the start of the campaign period. -his2 without doubt2 would be a circumvention of the rule against premature campaigning.. &ection )# neither violated the non:impairment clause as this must yield to the loftier purposes targeted by the Iovernment. 71ual opportunity to proffer oneself for public office2 without regard to the level of financial resources one may have at his disposal2 is a vital interest to the public. -he &" has stressed that contracts affecting public interest contain an implied reservation of the police power as a postulate of the existing legal order. -his power can be activated at anytime to change the provisions of the contract2 or even abrogate it entirely2 for the promotion or protection of the generaE welfare. &uch an act will not militate against the impairment clause. =hich is subject to and limited by the paramount police power. 0n the issue that &ec. )# of the "omelec 'eso is in the nature of an ex post facto law. !ot ex post facto 8 the offense as expressly prescribed in &ection )#2 is the non:removal of the described propaganda materials three )* days after the effectivity of the said 'esolution. +f the candidate for public office fails to remove such propaganda materials after the given period2 he shall be liable under &ection 4@ of the 07" for premature campaigning. !owhere is it indicated in the said provision that it shall operate retroactively. 0n the issue that the provision was a violation of the 5air 7lections Act as billboards are already permitted as lawful election propaganda. +t was ruled that the provision does not prohibit billboards as lawful election propaganda. +t only regulates their use to prevent premature campaigning and to e1uali/e2 as much as practicable2 the situation of all candidates by preventing popular and rich candidates from

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gaining undue advantage in exposure and publicity on account of their resources and popularity. "omelec was only doing its duty under the law $Sec! E - ) 1E o+ t,e F-ir Electio . Act o l-3+2l /ro/-*- )-7 Sectio %0 of the 07" provides Fit .,-ll <e 2 l-3+2l +or - 0 /er.o ' 3,et,er or ot - (oter or c- )i)-te or +or - 0 /-rt0' or -..oci-tio o+ /er.o .' to e *-*e i - electio c-1/-i* or /-rti./olitic-l -cti(it0' e:ce/t )2ri * t,e c-1/-i* /erio)!= Pe er- (! Co1elec ?&& SCRA 60&. -he issue on premature campaigning was raised as an issue in this case. Antecedent facts briefly show that .enera and Andanar were mayoralty candidates in &ta. Monica in the last May 3B2 #@@$ elections. Andanar filed before the 0ffice of the 'egional 7lection 9irector2 "araga 'egion2 'egion K+++2 a petition for dis1ualification against .enera for unlawfully engaging in election campaigning and partisan political activity prior to the commencement of the campaign period. -he .etition alleged that on #A March #@@$2 a day before the start of the authori/ed campaign period on )@ March #@@$2 .enera and her partymates went around the different barangays in &ta. Monica2 announcing their candidacies and re1uesting the people to vote for them on the day of the elections. .enera alleged that the charge was not true although having admitted that a motorcade did ta,e place which was simply in accordance with the usual practice in nearby cities and provinces2 where the filing of "0" was preceded by a motorcade2 which dispersed soon after the completion of such filing. .enera in her defense cited Barroso v. Ampig )4% .hil ##)$E )#4 &"'A %)@* wherein the "ourt supposedly ruled that a motorcade held by candidates during the filing of their "0"<s was not a form of political campaigning. .ending the dis1ualification case2 .enera was proclaimed as winner and assumed office on July #2 #@@#. "omelec ruled on #B July #@@$ that .enera engaged in premature campaigning in violation of &ection 4@ and dis1ualified .enera from continuing as a mayoralty candidate. -he &" ruled no abuse of discretion on the part of the "omelec and held that the conduct of a motorcade is a form of election campaign or partisan political activity which fall s1uarely under the ambit of &ection $A of the 07". -he &" further ruled on the issue raised in the dissenting opinion that &ection 3% of 'A 4B)( as amended by 'A A)(A provides a new definition of the term U c- )i)-te= as a result of which2 premature campaigning may no longer be committed. -he following pronouncements were made: 3* .remature campaigning may be committed even by a person who is !0- a candidate &ec. 4@ 07"*. +t declared the ruling in ;anot vs. "omelec %@$ &"'A 33B as erroneous as it pertained only to a candidate. #* &ection $A provides for the definitions of Felection campaignG or Fpartisan political activityG. -rue that &ec. 3% of 'A 4B)( state that even after the filing of the "0" but before the start of the campaign period2 a person is not yet officially considered a candidate. !evertheless2 a person2 upon the filing of his>her "0"2 already explicitly declares his>her intention to run as a candidate in the coming elections. -he commission by such a person of any of the acts enumerated under &ection $A b* of the 07" holding of rallies or parades2 ma,ing speeches etc* can2 thus be logically and reasonably construed as for the purpose of promoting his>her intended candidacy. NOTE 8ISSENTING OPINION@ &ection $A a* of the 07" defines a UcandidateG as Fany person aspiring for or see,ing an elective public office2 who has filed a "0".G -he second sentence2 ) rd paragraph2 &ection 3%2 of 'A 4B)(2 as amended by &ection 3) of 'A A)(A2 provides that F a*ny person who files his "0" within the period for filing shall only be considered as a candidate at the start of the campaign period for which he filed his "0".G -he immediately succeeding proviso in the same ) rd paragraph states that F2 l-3+2l -ct. or o1i..io . -//lic-<le to - c- )i)-te .,-ll t-4e e++ect o l0 2/o t,e .t-rt o+ t,e -+ore.-i) c-1/-i* /erio).G +t is a basic principle of law that any act is lawful unless expressly declared unlawful by law. -his is especially true to expression or speech2 which "ongress cannot outlaw except on very narrow grounds involving clear2 present and imminent danger to the &tate. -he mere fact that the law does not declare an act unlawful ipso facto means that the act is lawful. -hus2 there is no need for "ongress to declare in &ection 3% of 'A 4B)(2 as amended by 'A A)(A2 that political partisan activities before the start of the campaign period are lawful. +t is sufficient for "ongress to state that Fany unlawful act or omission applicable to a candidate shall ta,e effect only upon the start of the campaign period.G -he only

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inescapable and logical result is that the same acts2 if done before the start of the campaign period2 are lawful. St-t2tor0 Co .tr2ctio - SC held that the 90 should not be too 1uic, to pronounce the ineffectiveness or repeal of &ec. 4@ of the 07" just because of a change in the meaning of candidate by &ection 3% of 'A 4B)(2 as amended2 primarily for administrative purposes. An interpretation should be avoided under which a statute or provision being construed is defeated2 or as otherwise expressed2 nullified or rendered nugatory. !ot only will the prohibited act of premature campaigning be officially decriminali/ed2 the value and significance of having a campaign period before the conduct of elections would also utterly negated. A. r2le) i +i e: &ection 3% of 'A 4B)( as amended2 did not expressly or even impliedly repeal &ection 4@ of the 07"2 and these two provisions2 based on legislative intent and policy2 can be harmoniously interpreted and given effect I L- ot (.! Co1elec ?0A SCRA 11B' the "ourt ruled that there are two aspects of a dis1ualification case: 3* 7lectoral aspect determines whether the offender should be dis1ualified from being a candidate or from holding office. .roceedings are summary in character and re1uire only clear preponderance of evidence. An erring candidate may be dis1ualified even without prior determination of probable cause in a .+. -he electoral aspect may proceed independently of the criminal aspect and vice:versa. #* "riminal aspect determines whether there is probable cause to charge a candidate for an election offense. +f there is probable cause2 the "omelec through its ;aw 9epartment2 files the criminal information before the proper court. .roceedings before the proper court demand a full:blown hearing and re1uire proof beyond reasonable doubt to convict. A criminal conviction shall result in the dis1ualification of the offender2 which may even include dis1ualification from holding a future public office. Petitio to 8ecl-re - /o.t/o e1e t' +-il2re or - 2l1e t o+ electio . - ) c-ll +or - ./eci-l electio . i -ccor)- ce 3it, Sectio . ?'6' L A o+ t,e OEC -. -1e )e) <0 Sec! B o+ RA A166! Sec! ? o+ t,e OEC provides for the grounds for declaring a postponement of elections that is when for : any serious cause such as violence2 terrorism2 loss or destruction of election paraphernalia or records2 5M and other analoguous circumstances of such a nature that the holding of a D0.7:5'7"'7 should become impossible in any political subdivision. 6nder these circumstances2 the "ommission en banc may Fmotu propio or upon a verified petition by any interested party2 and after due notice and hearing2 whereby all interested parties are afforded e1ual opportunity to be heard2 shall postpone the election to a date which is reasonably close to the date of the election not held2 suspended or which resulted to a failure to elect but not later than )@ days after the cessation of the cause for such postponement or suspension of the election or failure to elect. &ec. ( on the other hand2 prescribes the conditions for the exercise of the power to declare a 5ailure of 7lections. As reiterated in 8i<-r-t2 (.! Co1elec 611 SCRA E6A' citi * B- -*- 5r! (! Co1elec EE6 SCRA A01 $20007 also in C- ico.- (! Co1elec 2%2 SCRA ?1A : to declare a failure of elections2 either of these three )* instances should be present conformably with &ection ( of the 07" 8 the election in any polling place has not been held on the date fixed on account of force majeure2 violence2 terrorism2 fraud or other analogous causesE the election in any polling place has been suspended before the hour fixed by law for the closing of voting on account of 5M2 terrorism2 fraud or other analogous causes after the voting and during the preparation and transmission of the 7' or in the custody of canvass thereof2 such election results in a failure to elect on the same grounds.

Based on the foregoing provisions2 two #* conditions must concur to declare a failure of elections 8

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no voting has ta,en place in the precincts concerned on the date fixed by law or2 even if there was voting the election nevertheless resulted in a failure to elect and the votes not cast would affect the results of the elections "arlos. V. Angeles*

+n the same case of "o1uilla v. "omelec2 the &" stressed that Fwhat is common in these three instances is the resulting failure to elect. +n the first instance2 no election was held2 while in the second2 the election is suspended. +n the third instance2 circumstances attending the preparation2 transmission2 custody or canvas of the election returns cause a failure to elect. And2 the term failure to elect means nobody emerged as a winner.G Proce)2r-l R2le. : 0n the basis of a verified petition by any interested party and after due notice and hearing2 the "omelec may call for the holding or continuation of the election not held2 suspended or which resulted in a failure to elect on a date reasonably close to the date of the election not held2 suspended or which resulted in a failure to elect but not later than )@ days after the cessation of the cause of such postponement or suspension of the election or failure to elect. Sec! B o+ RA A166 An Act .roviding for the &ynchroni/ed !ational and ;ocal 7lections* provides that any declaration of postponement2 failure of election and calling for a special elections as provided in &ection %2(2 O $ shall be decided by the "ommission sitting en banc by a majority vote of its members. -his power is exclusively vested in the "omelec as ruled in the case of S- c,e9 (! Co1elec 1&E SCRA %B&! Loo * (! Co1elec 2?A SCRA 12 a petition to declare failure of elections>annulment of elections on the ground of massive fraud in some municipalities was filed before proclamation.. "omelec dismissed the petition for having been filed out of time since it was filed only after petitioners reali/ed that the annulment of election will wipe out their lead. D7;9: +t was ruled that the "omelec 'esolution dismissing the petition was arbitrary as no law provided for a reglementary period within which to file a petition for annulment of elections if there is no proclamation yet. C- ico.- (! Co1elec 2%2 SCRA ?122 "anicosa filed with the "omelec a .etition to declare failure of elections and to declare null and void the canvass and proclamation based on the following grounds names of the 'V did not appear on the list2 padloc,s were not self loc,ing among other* which was dismissed by the "omelec en banc on the ground that the allegations therein did not justify the declaration of failure of elections. "anicosa insists that its was error on the part of "omelec sitting en banc to rule on his petition as it should have first been heard by a division. -he &" held that the matter relating to the declaration of failure of elections or the allegations raised by "anicosa did not involve an exercise of CJ or adjudicatory functions. +t involves an administrative function which pertains to the enforcement and administration of all laws and regulations relative to the conduct of elections. P-.- )-l- (.! Co1elec' et! -l!' G!R! No! 1?0E12 52l0 1%' 2002 2 the &" held that a /etitio +or )ecl-r-tio o+ +-il2re o+ electio . i. - Fe:tr-or)i -r0 re1e)0= - ) t,ere+ore t,e /etitio 12.t ./eci+ic-ll0 -lle*e t,e e..e ti-l *ro2 ). t,-t 3o2l) D2.ti+0 t,e .-1e! Ot,er3i.e' t,e Co1elec c)i.1i.. t,e /etitio o2tri*,t +or l-c4 o+ 1erit - ) o *r-(e -<2.e o+ )i.cretio c- <e -ttri<2te) to it! -he "omelec is mandated to exercise this power with utmost circumspect to prevent disenfranchising voters and frustrating the electorate<s well.G +n this case2 .asandalan filed a petition for declaration of failure of election on the ground that while voting was going on "afgu<s indiscriminately fired their firearms causing the voters to panic and leave the polling places without casting their votes and ta,ing advantage of the situation2 the supporters of his opponent too, the official ballots and filled them up with his name2 the B7+<s failed to affix their initials at the bac, of several official ballots. P-.- )-l- ' o t,e <-.i. o+ t,e -++i)-(it. o+ ,i. o3 /oll 3-tc,er.' i .i.t. t,-t - tec, ic-l e:-1i -tio o+ t,e o++ici-l <-llot. i t,e co te.te) /reci ct. <e 1-)e 3,ic, 3o2l) .,o3 t,-t o l0 - +e3 /er.o . 3rote t,e e trie.' citi * t,e c-.e o+ T0/oco (! Co1elec E1& SCRA B&% - ) B-.,er (! Co1elec EE0 SCRA AE6! -he &" held that the "omelec is not mandated to conduct a technical examination before it dismisses a petition for nullification of election when the petition is2 on its face2 without merit. +n the case of -ypoco2 petitioner buttressed his petition with independent evidence that compelled the "omelec to conduct a technical examination of the 1uestioned returns. -ypoco filed a Motion to Admit 7vidence to prove that a substantial number of election returns were manufactured and claimed that the returns

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were prepared by only one person based on the report of a licensed examiner of 1uestioned documents who examined copies of the election returns. .asandalan failed to attach independent and objective evidence other than the self:serving affidavits of his own poll watchers. I B-.,er2 t,e +-ct t,-t - electio i. -ct2-ll0 ,el) /re(e t. -. - r2le' - )ecl-r-tio o+ +-il2re o+ electio .' t,e Co2rt' ,o3e(er' c- - 2l - electio i+ it +i ). t,-t t,e electio i. -tte )e) 3it, /-te t - ) 1-..i(e irre*2l-ritie. - ) ille*-litie.! +n this case2 after a series of failed elections in Brgy. Maidan2 Municipality of -ugaya2 ;anao del &ur during the 3AA$ Brgy. 7lections2 the election was reset to )@ August 3AA$. 9ue to the prevailing tension in the locality2 the voting started only at around A p.m. and lasted until the early morning of the following day. Basher filed a petition for the nullification of the election which was dismissed by the "omelec on the ground that actual voting had ta,en place. T,e SC o(ert2r e) t,e Co1elec r2li * <ec-2.e t,e electio 3-. 2 -2t,ori9e) - ) i (-li)! T,e elector-te 3-. ot *i(e .2++icie t otice t,-t t,e electio 3o2l) /2., t,ro2*, -+ter &/1 o+ t,e .-1e )-0! Moreover2 the voting did not comply with the procedure laid down by the "omelec in its 'esolution. "it12* (! Co1elec 2E0 SCRA ?B 2 "omelec could dismiss outright a petition for nullification of election if it is plainly groundless and the allegations therein could be better ventilated in an election protest. B- -*- 5r! (.! Co1elec EE6 SCRA A01 2 the fact that a verified petition has been filed does not mean that a hearing on the case should first be held before "omelec can act on it. -he petition must show on its face that the conditions necessary to declare a failure of elections are present. A1/-t2- et! -l! (! Co1elecIC- )-o' et! -l!' G!R! No! 1B&%0E' 5- 2-r0 E1' 2002 2 private respondents filed a petition for declaration of failure of elections in several municipalities in Maguindanao. 9uring the pendency of the hearing of said petition2 the "omelec proclaimed petitioners as winners for the position of governor2 vice:governor and board members. -hereafter2 the "omelec issued an order directing the continuation of the hearing on the failure of elections and issued an order outlining the procedure to be followed in the technical examination. .etitioners2 relying on the case of -ypoco2 Jr. v. "omelec2 contended that by virtue of their proclamation2 the only remedy left for private respondents is to file an election protest2 in which case2 original jurisdiction lies with the regular courts and that "omelec no longer has jurisdiction to conduct a technical examination as it would defeat the summary nature of a petition for declaration of failure of elections citing several rulings that an election protest is the proper remedy for a losing candidate after the proclamation of the winning candidates. +&&67: 3,et,er t,e Co1elec 3-. )i(e.te) o+ it. D2ri.)ictio to ,e-r - ) )eci)e - /etitio +or )ecl-r-tio o+ +-il2re o+ electio . -+ter t,e 3i er. ,-(e -lre-)0 <ee /rocl-i1e) . D7;9: +t was ruled that the fact that the a candidate proclaimed has assumed office does not deprive the "omelec of its authority to annul any canvass and illegal proclamation. +n this case2 it cannot be assumed that the proclamation of petitioners was legal precisely because the conduct by which the elections were held was put in issue by respondents in their petition for annulment of election results and>or declaration of failure of elections. -he cases relied upon by petitioners that an election protest is the proper remedy for a losing candidate after proclamation of the winning candidate involved pre:proclamation controversies. -he &" made reference to its ruling in ;oong v. "omelec that F - /re-/rocl-1-tio co tro(er.0 i. ot t,e .-1e -. - -ctio +or - 2l1e t o+ electio re.2lt.' or +-il2re o+ electio . G. +n pre:proclamation cases2 the "omelec is restricted to an examination of the election returns on their face and is without jurisdiction to go beyond or behind them and investigate election irregularities. -he "omelec is duty:bound to investigate allegations of fraud2 terrorism2 violence and other analogous causes in actions for annulment of election results or for declaration of failure of elections conformably with the 07". Accordingly2 the "omelec2 in the case of actions for annulment of election results or declaration of failure of elections2 may conduct technical examination of election documents and compare and analy/e voters< signatures and thumbprints in order to determine whether or not the elections had indeed been free2 honest and clean. T0/oco' 5r! (! Co1elec2 the &" ruled that the "omelec did not commit grave abuse of discretion in dismissing the petition for declaration of elections as the allegations therein did not justify a declaration of failure of elections unli,e in this present case2 where respondents exhaustively alleged massive fraud and terrorism2 if proven2 could warrant a declaration of failure of elections.

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BorD-' 5r! (! Co1elec 260 SCRA 60B2 a petition for declaration of failure of elections and to nullify the canvass and proclamation was filed by Borja wherein he alleged that there was lac, of notice of the date and time of canvass2 there was fraud in the conduct of the elections as several voters were disenfranchised2 presence of flying voters and un1ualified members of the B7+. -he "omelec dismissed the petition ruling that the grounds relied upon by Borja were ground proper only in an election contest. &" upheld the decision of the "omelec. Pe er- (.! Co1elec ?&& SCRA 60&' is the well:established principle that the ineligibility of a candidate receiving majority votes does not entitle the candidate receiving the next highest number of votes to be declared elected. +n this case2 the rules on succession under &ection BB of the ;ocal Iovernment "ode shall apply which states thatG if a "er!anent $acanc% occurs in the office of the (a%or, the Vice)(a%or concerned shall &eco!e the !a%or A "er!anent $acanc% arises when an electi$e local official fills a hi#her $acant office, refuses to assu!e office, fails to qualif% or is re!o$ed fro! office, $oluntaril% resi#ned, or is otherwise "er!anentl% inca"acitated to dischar#e the functions of his office * R2llo)- (! Co1elec' E&? SCRA ?E? $200E*2 the winner is the candidate who has obtained a majority or plurality of valid votes cast in the election. 5or2 in all republican forms of government2 the basic idea is that no one can be declared elected and no measure can be declared carried unless he or it receives a majority or plurality of the legal votes cast in the election. CANVASSING BO8IES Sectio 221' BP %%1IRA 66B6' Sectio 20 : Boards of "anvassers ;ocal Boards*. -here shall be a board of canvassers for each province2 city and municipality as follows: a* .rovincial Board of "anvassers 8 -he provincial board of canvassers shall be composed of the provincial election supervisor or a lawyer in the regional office of the "ommission2 as chairman2 the provincial fiscal2 as vice:chairman2 and the provincial superintendent of schools as member. b* "ity Board of "anvassers 8 -he city board of canvassers shall be composed of the city election registrar or a lawyer of the "ommission2 as chairman2 the city fiscal2 as vice: chairman2 and the city superintendent of schools2 as member. +n cities with more than one election registrar2 the "ommission shall designate the election registrar as chairman. c* Municipal Board of "anvassers. 8 -he municipal board of canvassers shall be composed of the election registrar or a representative of the "ommission2 as chairman2 the municipal treasurer2 as vice:chairman and the most senior district school supervisor or in his absence a principal of the school district or the elementary school2 as member. -he proceedings of the board of canvassers shall be open and public. B.4432 &ection ###. Rel-tio .,i/ 3it, C- )i)-te. - ) ot,er 1e1<er. o+ t,e Bo-r)! -he chairman and the members of the boards of canvassers shall not be related within the B th civil degree of consanguinity or affinity to any of the candidates whose votes will be canvassed by the said board2 or to any member of the same board. B.4432 &ection ##B. Fei* e) Ill e... Any member of the board of canvassers feigning illness in order to be substituted on election day until the proclamation of the winning candidates shall be guilty of an election offense. RA %BE6' Sectio 2E 8 !ational Board of "anvassers for &enators 8 -he chairman and members of the "ommission on 7lections sitting en banc2 shall compose the national board of canvassers for senators. +t shall canvass the results for senators by consolidating the results contained in the data storage devices submitted by the district2 provincial and city boards of canvassers2 of those cities which comprise one or more legislative districts. -hereafter2 the national board shall proclaim the winning candidates. Sectio E0' RA A166 8 Con#ress as the National Board of Can$assers for the election of 'resident and Vice)'resident+ Deter!ination of Authenticit% and Due E,ecution of Certificates of Can$ass 3* "ongress for .res O V. &ec. B2 Article V++* #* "omelec 8 &enators and 'egional 0fficials 8

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)* .B" 8 Members of the D' and provincial officials composed of the .7&2 .rovincial .rosecutor and provincial official of the 9ep7d B* 9istrict B0" in each legislative district in MM 8 members of the D' and municipal officials %* "ity and MB0" 8 member of the D'2 city and municipal officials composed of the city or municipal 702 "ity .rosecutor and 9ep7d &uperintendent RA &1%&' Sectio 1%$B7 A &pecial Board of "anvassers composed of a lawyer preferably of the "ommission as chairman2 a senior career office from any of the government agencies maintaining a post abroad and2 in the absence of another government officer2 a citi/en of the .hilippines 1ualified to vote under this Act deputi/ed by the "ommission2 as vice:chairman and member secretary2 respectively2 shall be constituted to canvass election returns submitted to it by the &pecial Boards of 7lections +nspectors. Kxx xxx F-he "ertificates of "anvass and the accompanying &tatements of Votes as transmitted via facsimile2 electronic mail and any other means of transmission e1ually safe2 secure and reliable shall be the primary basis for the national canvass. CERTIFICATE OF VOTES' STATE"ENT OF VOTES' ELECTION RETURNS AN8 8ISTRIBUTION "ertificate of Votes 8 is an election document issued by the B7+<s after the counting and announcement of the results and before leaving the polling place upon re1uest of the accredited watcher. +t shall contain the number of votes obtain by each candidate written in words and figures2 precinct P2 name of the city or municipality signed and thumb mar,ed by each member of the board. T0/oco (.! Co1elec 61B SCRA E&1 8 +n Iaray v. "omelec #(3 &"'A ### 3AA(* the "ourt held that F a* certificate of votes does not constitute sufficient evidence of the true and genuine results of the electionE only election returns are2 pursuant to &ections #)32 #)):#)( and #)4 of B.443.G Again in 9e Iu/man v. "omelec B#( &"'A (A4 #@@B* the "ourt stated that2 in an election contest where the correctness of the number of votes is involved2 the best and most conclusive evidence are the ballots themselvesE where the ballots can nor be produced or are not available2 the electio ret2r . 3o2l) <e t,e <e.t e(i)e ce!= 8oro1-l (.! Biro ICo1elec 61E SCRA 160 $20107 the certificate of votes2 which contains the number of votes obtained by each candidate2 is issued by the B7+ upon the re1uest of the duly accredited watcher pursuant to &ection 3( of 'A ((B(. 'elative to its e(i)e ti-r0 (-l2e2 &ection 3$ of 'A ((B( provides that &ections #)% and #)( of B. 443 notwithstanding2 the "ertificate of Votes shall be admissible in evidence to prove tampering2 alteration2 falsification or any anomaly committed in the preparation of the election returns concerned2 when duly authenticated by at least two members of the B7+ who issued the certificate. 5ailure to present the "V shall however not bar the presentation of other evidence to impugn the authenticity of the 7'. +t cannot be a valid basis of canvass. .urpose of re1uiring authentication of at least # members of the B0" 8 to safeguard the integrity of the certificate from the time it is issued by the B7+ to the watcher after the counting of votes at the precinct level up to the time that it is presented to the board of canvassers to proved tampering. FUNCTIONS OF THE CERTIFICATE OF VOTES .revent or deter the members of the B7+ or other official from altering the statement because they ,now of the existence of such certificate -o advise the candidate definitely of the number of his votes so that in case the election statement submitted to the B0" does not tally with the certificate in his hands2 he may as, that the other authentic copies of the same be used for the canvass -o serve as evidence of fraud in election protest cases and in subse1uent prosecution of the election offenses against those liable therefore.

&tatement of Votes 8 is a tabulation per precinct of the votes obtained by the candidates or reflected in the 7'. "ertificate of "anvass 8 is based on the &V and which serves as basis for proclamation. 8ISPOSITION OF ELECTION RETURNS

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7lection 'eturns and 9istribution 8 'A 43$) amending &ection #$ of 'A $3((2 provides that in the election for .res.2 V.2 &enators and members of the D'2 the 7' shall be distributed as follows : 3st "B0 or MB0" #nd congress2 directed to the .res. of the &enate )rd "omelec Bth 9ominant majority party as may be determined by the "omelec in accordance with law %th 9ominant minority party as may be determined by "omelec in accordance with law (th "iti/ens Arms authori/ed by the "omelec to conduct an unofficial count to be deposited inside the ballot box. 5or ;ocal officials 8 3* "B0B or MB0" #* "omelec )* .B0" B* 9M. %* 9M. (* "iti/en<s Arms for unofficial count $* inside ballot box. PRE-PROCLA"ATION CONTROVERS# B. 4432 &ection #B# 8 -he "ommission shall have exclusive jurisdiction of all preVproclamation controversies. +t may motu propio and after due notice and hearing2 order the partial or total suspension of the proclamation of any candidate:elect or annual partially or totally any proclamation2 if one has been made2 as the evidence shall warrant in accordance with the succeeding sections. "-t-l-1 (! Co1elec 2A1 SCRA AEEIBP %%1 8 a pre:proclamation controversy is defined2 as a general rule2 any 1uestion pertaining to or affecting the proceedings of the B0" which may be raised by any candidate or any registered political party or coalition of political before the board or directly with the "omelec2 on any matter raised under &ections #)) when 7' are delayed2 lost or destroyed*2 #)B material defects in the 7'*2 #)% when 7' appear to be tampered with or falsified* and #)( discrepancies in the 7'* of the 07" in relation to the preparation2 transmission2 receipt2 custody and appreciation of the 7' and "ertificate of "anvass. Sectio 1A' RA 66B62 1uestions affecting the composition or proceedings of the B0" may be initiated with the board or directly with the "omelec. Dowever2 matters raised under &ec. #)) to #)( shall be brought in the first instance before the B0" only. Sectio 20' RA A166 8 .rocedure to be followed when election returns are contested before the Board of "anvassers. "ompliance with this procedure is mandatory2 so as to permit the B0" to resolve the objections as 1uicly as possible. E>CEPTIONS@ &ection 3% of 'A $3(( provides that for purposes of the elections for .res. and V.2 &enators and members of the D'2 no .pcases shall be allowed on matters relating the .2-2'2"2 and A of the 7' or the certificate of canvass2 as the case may be. D0=7V7'2 this does not preclude the authority of the appropriate canvassing body motu proprio or upon written complaint of an interested person to correct manifest error in the certificate of canvass or 7' before it. S- o 5r! (.! Co1elec 611 SCRA BA? 8 +t is settled that a pre:proclamation controversy is summary in characterE indeed2 it is a policy of the law that pre:proclamation be promptly decided2 so as not to delay canvass and proclamation. -he board of canvassers will not loo, into allegations of irregularity that are not apparent on the face of 7'<s that appear otherwise authentic and duly accomplished. +n Tri i)-) (! Co1elec E20 SCRA %E6 2 it was held that prayer for the correction of manifest error should be filed not later than % days following the date of proclamation while election protests should be filed within ten 3@* days after the proclamation of the results of the election. "orrection of manifest error pertains to errors in the 7'2 in the entries of the statement f votes by precinct>per municipality or in the "ertificate of canvass. Manifest clerical error is one visible to eye or obvious to the understanding. Authority of the "omelec in .." 8 the "ommission exercises authority to decide .." in two instances 8 in appeals from the ruling of the B0" which is generally of two types first type are n 1uestions contesting its composition or proceedings and appeal therefrom must be ta,en by the contestant adversely affected within ) days from such ruling .and the second type refers to ruling on 1uestions contesting 7'. -he party adversely affected must immediately inform the board that he

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intends to appeal from the ruling and the board shall enter said information in the minutes of the canvass and within B4 hours from the ruling2 the adverse party must file with the board a written and verified notice of appeal2 and within an unextendible period of % days thereafter2 he has to ta,e the appeal to the "omelec in petitions directly filed with it.

"-c-<-*o (! Co1elec E&2 SCRA 1A% 8 it was held that issues in a .." is properly limited to challenges aimed against the B0" and proceedings before said board relative to particular 7' to which respondent should have made particular verbal objections subse1uently reduced in writing. Pi1e tel III (.! Co1elec ?B% SCRA 16& 8 'A A)(A significantly amended &ection 3% of 'A $3(( by adding an exception phrase to the general prohibition against pre:proclamation controversies in elections for .res.2 V.2 &enators and members of D'. According to the amended &ection 3%2 no pre:proc cases on matter relating to the .2 -2 '2 " and appreciation of 7' or "0" shall be allowed except as provided by &ection )@ of the same statute. &ections 3% and B@ of 'A $3((2 no pre:proc cases involving the authenticity and due execution of the "0" are now allowed. -he intention of "ongress to treat a case falling under &ection )@ of 'A $3((2 as amended by 'A A)(A2 as a pre:proc case is apparent in the B th paragraph of the said provision which adopts and applies to such a case the same procedure provided under &ection 3$2 342 3A O #@ of 'A $3(( BP %%1 Sectio 2BE!Co1elec R2le. o+ Proce)2re R2le 2A $B7 - SCOPEIISSUES t,-t 1-0 <e r-i.e) i - PRE-PROCLA"ATION CONTROVERS# +llegal composition or proceedings of the B0" -he canvassed 7' are incomplete2 contain material defects2 appear to be tampered with2 or falsified or contain discrepancies in the same returns or in other authentic copies as mentioned in &ec. #)):#)( -he 7' were prepared under duress2 threats2 coercion or intimidation or they are obviously manufactures or not authentic 8 in 0campo v. "omelec #)% &"'A B)(2 it was held that this fact must be evident from the face of the said document. +n the absence of a strong evidence establishing spuriousness of the returns2 the basic rule is that the 7' shall be accorded prima facie status as bona fide reports of the results of the count of the votes which shall prevail for purposes of canvassing and proclamation. =hen substitute or fraudulent returns in controverted polling places are canvassed2 the result of which materially affect the standing of the aggrieved candidate. &ec. #B)*

PROCE8URAL REKUIRE"ENTS IN A Pre-PROCLA"ATION CONTROVERS# Sec! 20 o+ RA A166 $re/e-li * Sec! 2B? OEC * provides for the mandatory two:step rule or re1uirement of verbal objection to the inclusion of the 7' and to be formali/ed in writing within #B hours. 5ailure to observe such rule is fatal to a candidate<s cause2 leaving him with no other remedy except an 7.. -his cannot be cured by instituting a petition directly filed with the "omelec under &ec. #B3 N-(-rro (.! Co1elec E&6 SCRA 620ISe<-.ti- (.! Co1elec E2A SCRA B06I"-t-l-1 (! Co1elec' it was ruled that the enumeration of the issues in a .." is restrictive and exclusive &ec. #B#* and the "omelec is limited and restricted only to an examination of the 7' and is without jurisdiction to go beyond or behind the 7' and investigate the alleged election irregularities. S- )o(-l (! Co1elec E2E SCRA B0A2 it was stressed that "omelec exercises exclusive jurisdiction and may motu propio or upon verified petition2 and after due notice and hearing2 order the partial or total suspension of the proclamation of the candidate elect or annul partially or totally any proclamation2 if one has been made2 as the evidence shall warrant in accordance with &ec. #B# of the 07". Vel-0o (! Co1elec E2A SCRA A1E 8 a .." is summary in nature2 administrative in character and which is filed before the B0". +t was ruled that while it is true that 'A $3(( provides for summary proceedings in .. cases and does not re1uire a trial type hearing2 nevertheless2 summary proceedings cannot be stretched as to mean ex:parte proceedings. &ummary means with dispatch with the lease possible delay. But although the proceedings are summary2 the adverse party must at the very least be notified so that he can be apprised of the nature and

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purpose of the proceedings. +n this case2 it was found that all proceedings were conducted by the respondent "omelec without the participation of the petitioner. =orse2 respondent !avidad was allowed to file various motions without the ,nowledge of the petitioner. .lainly2 these ex party proceedings offend fundamental fairness and are null and void. . +n Velayo case2 respondent objected to the inclusion of two #*7'<s which did not contain a vote for respondent being statistically improbable which was overruled by the B0". +t was ruled that it is possible for a candidate to get /ero votes in one or few precincts. -he bare fact that a candidate receive /ero votes in 3 or # precincts can not support a finding that the 7' are statistically improbable. 7xception to the ;agumbay 9octrine* L-*21<-0 (! Co1elec 16 SCRA 1A? $1&667 : -he ;agumbay doctrine is the prevailing case on statistical improbability which states that where there exists uniformity of tallies in favor of candidates belonging to one party and the systematic blan,ing out of the opposing candidates as when all the candidates of one party received all the votes2 each of whom exactly the same number2 and the opposing candidates got /ero votes2 the election returns are obviously manufactures2 contrary to al statistical improbabilities and utterly improbable and clearly incredible. +n Oc-1/o (! Co1elec E2? SCRA 6E6 2 it was reiterated that if only one candidate obtained all the votes in some precincts2 this is not sufficient to ma,e the election returns statistically improbable. I1el)- 8i1-/oro (.! Co1elecIVice te Bel1o te ?BB SCRA E%1 : $Sec! 1? o+ RA A1667 provides that for the purpose of the elections for president2 V.2 senator O member of the D'2 no pre:proclamation cases shall be allowed on matters relating to the preparation2 transmission2 receipt2 custody and appreciation of 7' or the certificate of canvass2 as the case may be2 except as provided for in &ec. )@ hereof. Dowever2 this does not preclude the authority of the appropriate canvassing body motu propio or upon written complaint of an interested person to correct manifest errors in the certificate of canvass or 7' before it*. -he "omelec issued the challenged 'esolution directing the B0" to reconvene and issue a new "0" excluding the 7' of the appeal and substituting the proper entries as are evident in the authentic copies of the 7' related to the "0"<s and on the basis proclaim the candidate who garners the most number of votes in accordance with "omelec observation. 9imaporo moved to reconsider which was denied by "omelec and before the &" she claims that the subject matter involved does not pertain to manifest errors but to the Fpreparation2 transmission2 receipt2 custody and appreciation2 of certificate of canvass2 a matter outside the realm of "omelec<s jurisdiction when a congressional seat is involved. -he &" ruled that "omelec was not amiss in 1uic,ly deciding Belmonte<s petition to correct manifest errors then proclaiming him as winner. 7lection cases are imbued with public interest. "onsidering that at the time of proclamation2 there had yet been no status 1uo ante order or -'0 from the court2 such proclamation is valid and2 as such2 it has vested the D'7with jurisdiction over the case as Belmonte has2 with the ta,ing of his oath2 already becomes one of their own. &hould 9imaporo wish to pursue further her claim to the congressional seat2 the filing of an election protest before the D'7- would be the appropriate course of action. RECOUNT OF VOTES 8 upon proper petition2 the "omelec may order the recount of votes in specific precincts when the following re1uisites are present: -he grounds for recount must be any of the following instances 8 a* omission of the name of the candidate and or his votes in the 7'2 which cannot be ascertained by any other means under &ection #)B of the 07"2 b* all copies of the election returns are tampered with or falsified2 under &ec. #)% of the 07" or c* material discrepancies in all of the 7' in the votes of a candidate in words and figures under &ec. #)(E -he 7' involved will affect the results of the election -he integrity of the ballot box has been preserved. +f however2 upon opening the ballot box2 it should appear that there are evidence or signs of replacement2 tampering or violation of the integrity of the ballots2 the "ommission shall not recount the votes but should instead seal the ballot box and order its safe,eeping. NATURE OF RECOUNT PROCEE8INGS 8 summary in character and merely consists in the mathematical counting of the votes received by each candidate. +t does not involve any appreciation of

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the ballots or determination of their validity as is re1uired in an election contest. +ts only purpose is to count the number of votes as they appear on the face of the ballots. 'e1uisites of recount based on material discrepancies 8 to justify a recount based on material discrepancies in the 7'2 the following re1uirements must be met 8 -here must be an averment that a discrepancy exists between two or more genuine returns -he alleged discrepancy must be brought to the attention of the B0" -he B0" must rule that such discrepancy in the authentic copies of the returns exists -he difference in the number of votes could affect the result of the election. =D0 may file petition for recountE 0nly one petition should be filed 8 a petition for recount may be filed by the B0" or the candidate affected. 7ven the candidate does so alone2 without the concurrence of the B0"2 does not necessarily follow that they are not convinced that a discrepancy exist. .etition should include recount in all polling places and not separately. Ro11el "2 o9 (.! Co1elec' C-rlo. B-li)o 5r! B&? SCRA B0A - F'esults of the 7lectionsG 9efined 8 the phrase Fresults of the electionG is not statutorily defined. Dowever2 as explained in ;ucero v. "omelec it means Fthe net result of the election the rest of the precincts in a given constituency2 such that if the margin of a leading candidate over that of his closest rival in the latter precincts is less than the total number of votes in the precinct where there was failure of election2 than such failure would certainly affect Fthe results of the elections.G Although the ;ucero case involves failure of election2 the definition of Fresults of electionG applies to the disposition of contested election returns under &ection #@ i* of 'A $3((. +n both situations2 the law endeavors to determine the will of the people in an expeditious manner in that if the total number of votes in the precinct where there is failure of election or in case of contested elections returns2 is less than the lead of a candidate over his closest rival2 the results would not be adversely affected. 0therwise2 a special election must be held or an authori/ation of the "omelec is necessary after ruling on the objections brought to it on appeal by the losing party in order to determine the will of the electorate. .roclamation made in violation of the rules is void ab initio as it would be based on an incomplete canvass of votes. +t is well settled that an incomplete canvass of votes is illegal and cannot be the basis of a subse1uent proclamation. EFFECT OF ASSU"PTION OF OFFICE OF CAN8I8ATE ELECTIWHEN PPC IS NOT 8EE"E8 TER"INATE8 8 A pre:proclamation controversy is no longer viable after the proclamation of the winning candidates as the issues raised therein may be more closely examined and better resolved in an 7.. $RA A166' Sectio 16 $277! Dowever2 this is only true where the proclamation is based on a complete canvass and on the assumption that the proclamation is valid where a proclamation is null and void2 the proclamation is no proclamation at all and the proclaimed candidate<s assumption of office cannot deprive the "omelec of the power to declare such nullity and annul the proclamation. Sectio 16 o+ RA A166 provides that all:pre:proclamation cases pending before the "ommission shall be deemed terminated at the beginning of the term of office involved and the rulings of the boards of canvassers concerned shall be deemed affirmed2 without prejudice to the filing of a regular election protest by the aggrieved party. .O/EVER2 proceedings may continue when on the basis of the evidence thus far presented2 the "ommission determines that the petition appears meritorious and accordingly issued an order for the proceedings to continue or when appropriate order has been issued by the &" in a petition for certiorari "ertificate of "anvass and 9istribution 3* 5or .res O V.2 &enators and D' "ongress2 directed to the .res. of the &enate for use in the canvass of election results for .res. O V. "omelec for use in the canvass of &enators Hept by chairman of the Board Accredited citi/ens arm designated by "omelec to conduct media:based unofficial count

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%th to $th copies* Any ) of the ( accredited major political parties in accordance with the voluntary agreement of the parties. ELECTION PROTEST

An 7. is a special statutory proceedings designed to contest the right of a person2 declared elected to enter upon and hold office. +t is strictly a contest between the defeated and winning candidates as to who actually obtained the majority of the legal votes and therefore2 is entitled to hold office. NATURE OF PROCEE8ING : +t is a formal judicial proceedings that goes into the correctness of the counting and appreciation of ballots at the precinct level were the parties are allowed to present and examine evidence in detail. "-rti e9 III (.! HRET 610 SCRA ?2 8 -he purpose of an election protest is to ascertain whether the candidate proclaimed by the board of canvassers is the lawful choice of the people. =hat is sought is the correction of the canvass of votes2 which was the basis of proclamation of the winning candidate. 7lection contests2 therefore2 involve the adjudication not only of private and pecuniary interests of rival candidates2 but also of paramount public interest considering the need to dispel uncertainty over the real choice of the electorate. WHO CAN FILE 8 can only be filed by a candidate who has duly filed a certificate of candidacy and has been voted for. PERIO8 TO FILE 8 within 3@ days from proclamation GROUN8S 8 fraud2 vote:buying2 terrorism2 presence of flying voters2 misreading and misappreciation of the ballots2 disenfranchisement of voters2 other election irregularities. KUO WARRANTO A petition for Cuo =arranto refers to 1uestions of disloyalty or ineligibility of the winning. +t has the effect of dis1ualifying a candidate to hold office to which he is elected. +ts primordial objective is to prevent an elective official from assuming office grounded on ineligibility. $Sec! 2?E OEC7 NATURE OF PROCEE8ING 8 it is a proceeding to unseat the ineligible person from office2 but not to install the protestant in his place. WHO CAN FILE 8 any voter. PERIO8 TO FILE : within 3@ days from proclamation Re/2<lic (! )el- Ro.- 2E2 SCRA A%? 2 a C= assailing the public official<s title and see,ing to prevent him from holding office for alienage is not covered by the 3@:days period for appeal prescribed in &ection #%) of the 07". -he distinction been an 7. and C= as a remedy is not the label given to it but the allegations therein stated. +f a petition alleges fraud and irregularity which vitiated the conduct of the election2 although entitled C=2 is an 7. and vice versa. +n view of these fundamental differences2 an 7. and C= cannot be availed of jointly in the same proceeding. -hey may be filed separately with the second and later case suspended until the earlier is resolved. An action for C= cannot be converted into an 7.. $Vir* io Vill-1or (.! Co1elec L A10ti. )e 8io.-B-t-o B&6 SCRA EEB7 As a general rule2 the proper remedy after the proclamation of the winning candidate for the position contested would be to file a regular election protest or a petition for C=. -he filing of an 7. or a petition for C= precludes the subse1uent filing of a pre:proclamation controversy or amounts to the abandonment of one earlier filed2 thus2 depriving the "omelec of the authority to in1uire into and pass upon the title of the protestee or the validity of his proclamation. -he reason is that once the competent tribunal has ac1uired jurisdiction of an 7. or a petition for C=2 all 1uestions relative thereto will have to be decided in the case itself and not in another proceedings. -his procedure is to prevent confusion and conflict of authority. B-.-rte (.! Co1elec ?2E SCRA A6 -he prevailing rule that as long as the returns appear to be authentic and duly accomplished on their face2 the B0" cannot loo, beyond or behind them to verify allegations of irregularities in the casting or the counting of the votes as it presupposes that the returns

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Fappear to be authentic and duly accomplished on their faceG. -his principle does not apply in cases li,e the one at bar where there is a prima facie showing that the return is not genuine2 several entries having been omitted in the assailed return. C-1<e (.! Co1elec ?BE SCRA 1?A 8 "ambe and Io were candidates during the May 3B2 #@@$ elections for &B of the ;asam2 "agayan2 where 4 seats were at sta,e. =hen the 7' for some clustered precincts was presented for canvassing2 Io orally moved for its exclusion on the ground that said return was allegedly manufacturedE that the integrity of said 7' is 1uestionable as the total number of votes cast for the VM candidates exceeded the number of 'V. -his was followed by the written petition>opposition filed stating that the canvass of the contested return will affect the 4 th position in the municipal council race. &hould the alleged manufactured 7' be included "ambe will get the 4 th seat but if excluded Io will advance to the 4th place with a (:vote lead over "ambe. 0n May #32 MB" issued a notice directing "ambe to file comment>opposition to the petition within #B hours from receipt of notice. +n the morning of May ##2 MB" issued a ruling excluding the 7' on the ground of fraud2 material defect2 tampering and statistical improbability O on the same day proclaimed Io. "ambe filed his written opposition to the exclusion 3:)%pm of May ## and received copy of the ruling to exclude at B:)%pm. 0n May #4 "ambe filed a notice of appeal with the MB" and an appeal with the "omelec on May )@. "omelec en banc upheld the ruling of the MB" hence2 "ambe went to the &". +&&67&: 3* whether the "omelec en banc had jurisdiction over pre:proclamation controversies in the first instanceE #* whether the proclamation of Io was valid and )* whether the comelec acted properly in sustaining the ruling of the MB" which outrightly excluded the 1uestion 7'. 0n the first issue although not raised 8 &" had to rule since it is both constitutional and jurisdictional. "omelec en banc has no jurisdiction in the first instance2 whether original or appellate2 over election cases2 pre:proc and incidents thereof2 0n the second issue : the proclamation of the candidate Io* was declared void because it was based on a canvass that outrightly excluded an 7'2 which as admitted by the parties2 would determine who between them would advance to the 4 th position as member of the &B. -he proclamation was done immediately after the MB" issued its ruling on the petition for exclusion. -he action of the MB" constituted a deprivation of the right to appeal the ruling to the "omelec2 violating &ection #@ i* of 'A $3(( the B0" shall not proclaim any candidate as winner unless authori/ed by the "omelec after the latter has ruled on the objections brought to it on appeal by the losing party. Any proclamation made in violation hereof shall be void ab initio2 unless the contested returns will not adversely affect the results of the election. 5URSI8CITON OVER ELECTION PROTESTS AN8 KUO WARRANTO 3* SUPRE"E COURT 8 sitting en banc as .residential 7lectoral -ribunal as sole judge of all contests relating to the election2 returns and 1ualification of .res. and V.. .rotest to be filed )@ days from proclamation. !ot subject to judicial review 3A4$ "onstitution* #* SENATE ELECTORAL TRIBUNAL 8 for members of senate as sole judge over all contest relating to the election2 returns and 1ualifications of its own members. 5iled within 3% days from date of proclamation. !ot subject to judicial review except on grave abuse of discretion amounting to lac, or excess of jurisdiction. 3A4$ "onstitution* )* HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL 8 for members of D' to be filed within 3@ days from proclamation. "omposition : 7ach electoral tribunal shall be composed of none members2 three of whom shall be justices of the &" to be designated by the "J and the remaining ( members of the senate or D'2 as the case may be2 who shall be chosen on the basis of their proportional representation from the political parties and the parties or organi/ations registered under the party list system2. &enior justice shall be chairman Art! VI' Sec! 1A' 1&%A Co .tit2tio 7 . B* CO"ELEC 8 for regional2 provincial and city officials filed in 3@ days. &ubject to judicial review within )@ days from date of receipt of decision by aggrieved party. Article I>-C' Sectio 2$27 1&%A Co .tit2tio ' "omelec shall F7xercise exclusive jurisdiction over all contests relating to the elections2 returns and 1ualifications of all elective2 regional2 provincial and city

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officials2 and appellate jurisdiction over all contests involving municipal officials decided by trial courts of general jurisdiction2 or involving elective barangay officials decided by courts of limited jurisdictions. 9ecisions2 final order2 or rulings of the "ommission2 on election contests involving elective municipal and barangay offices shall be final2 executor and not appealable.G Rel-1/-*o. (! C21<- 2BE SCRA 6&0 $1&&?* and in C-rlo. (! A *ele. EB6 SCRA ?A1 $200072 "omelec is vested with the power to issue writs of certiorari2 prohibition and mandamus only in aid of its appellate jurisdiction consistent with &ection %@ of B. 443 and Article # 3* of the "onstitution. -hese ruling abandoned the earlier ruling in Iarcia vs. de Jesus #@( &"'A $$A. +t was also declared that both the &" and "omelec has concurrent jurisdiction to issue writs of certiorari2 prohibition and mandamus over decision of trial courts of general jurisdiction '-"* in election cases involving elective municipal officials. -he "ourt that ta,es jurisdiction first shall exercise exclusive jurisdiction over the case. Art! VIII ?$17 1&%A Co .tit2tio ' R2le 6?' Sec! 17 Sectio A' Article I>-A - ) R2le E o+ t,e Co1elec R2le. o+ Proce)2re! -he "omelec in the exercise of its CJ functions transact business F 1-0 .it e <- c or i t3o )i(i.io .' - ) .,-ll /ro12l*-te r2le. - ) /roce)2re.= in order to expedite the disposition of elections cases2 including pre:proclamation controversies and summon parties to a controversy pending before it.G -he authority to hear and decide election cases2 including pre:proclamations controversies is vested with a division and the "omelec sitting en banc does not have the authority over it in the first instance. T,e Co1elec e <- c c- e:erci.e D2ri.)ictio o l0 o "otio . +or Reco .i)er-tio o+ t,e re.ol2tio or )eci.io o+ t,e Co1elec i )i(i.io -. - re;2ire1e t +or t,e +ili * o+ - /etitio +or certior-ri <0 t,e -**rie(e) /-rt0 3it, t,e SC 3it,i E0 )-0. +ro1 recei/t o+ - co/0 t,ereo+ $Sec! E Art! I>-C7 . Sec! 2 R2le 1& o+ t,e Co1elec R2le. o+ Proce)2re a motion to reconsider a decision2 resolution2 order or ruling of a 9ivision shall be filed within five %* days from the /ro12l*-tio thereof. &uch motion2 if not pro:forma2 suspends the execution for implementation of the decision2 resolution2 order or ruling and would in effect2 suspend the running of the period to elevate the matter to the &" &ec.B*. %* REGIONAL TRIAL COURT 8 exclusive jurisdiction over all contests relating to the election2 1ualifications and returns for municipal officials. .rotest to be filed 3@ days from date of proclamation. &ubject to appeal with "omelec within five %* days from receipt of decision. 9ecisions of the "omeledc en banc on contest on appeal involving municipal and barangay officials are final and executory except on grounds of grave abuse of discretion within )@ days. (* "UNICIPAL TRIAL COURT 8 exclusive jurisdiction over all contests relating to the election2 returns and 1ualifications for barangay officials. .rotest to be filed within 3@ days from proclamation. Appeal to the "omelec within % days from receipt of the decision. "- - 9-l- (.! Co1elec - ) 52lie "o to ?2E SCRA E1! - 9ecisions2 final orders or rulings of the "ommission on 7lection contests involving elective municipal and barangay offices shall be final2 executory and not appealableE All such election cases shall be heard and decided in division2 provided that motions for reconsideration of decisions shall be decided by the "ommission en banc. A decision of the '-" was raised on appeal which was heard by the # nd division which reversed the decision of the '-". +n his M' petitioner argues that the M' filed with the former # nd division F,-. t,ro3 t,e 3,ole c-.e 3i)e o/e +or re(ie3 -. i - tri-l )e o(o i - cri1i -l c-.e= yet "omelec en banc failed to conduct a thorough review of the contested ballots. 7lection cases cannot be treated in a similar manner as criminal cases where2 upon appeal from a conviction by the trial court2 the whole case is thrown open for review and the appellate court can resolve issues which are not even set forth in the pleadings. Co;2ill- (.! Co1elec' et! -l! G!R! No! 1?1&1B' 52l0 E1' 2002 2 the &" resolved the issue on whether the )@:day period for appealing the resolution of the "omelec was suspended by the filing of a motion for reconsideration by petitioner. .rivate respondent in this case contends that the petition should be dismissed because it was filed late considering that the "omelec en banc denied petitioner<s motion for reconsideration for being pro:forma and conformably with Sec! B o+ R2le 1& o+ t,e CRP2 the said motion did not suspend the running of the )@:day period for the filing of the petition for certiorari under Sec! A Art! I>-A o+ t,e Co .tit2tio !

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-he "omelec en banc ruled that the motion for reconsideration was pro:forma on the ground that the motion was a mere rehash of petitioners averments contained in his Verified Answer and Memorandum2 neither were new matters raised that would sufficiently warrant a reversal of the assailed resolution of the &econd 9ivision. -he &" ruled however that the mere reiteration in a motion for reconsideration of the issues raised by the parties and passed upon by the court does not ma,e a motion pro:formaE ot,er3i.e' t,e 1o(- tC. re1e)0 3o2l) ot <e - reco .i)er-tio o+ t,e )eci.io <2t - e3 tri-l or .o1e ot,er re1e)0! +n explaining the purpose>objective of a motion for reconsideration 2 the &" referred to its decision in Iuerra 7nterprises "ompany +nc.2 v. "5+ of ;anao del &ur )# &"'A )3B 3A$@*2 where it held that the ends sought to be achieved in the filing of a motion for reconsideration is Fprecisely to convince the court that its ruling is erroneous and improper2 contrary to the law or the evidence2 and in doing so2 the movant has to dwell of necessity upon the issues passed upon by the court. +f a motion for reconsideration may not discuss these issues2 the conse1uence would be that after a decision is rendered2 the losing party would be confined to filing only motions for reopening and new trial. -he &" further enumerated cases where a motion for reconsideration was held to be pro forma: it was a second motion for reconsiderationE it did not comply with the rule that the motion must specify the findings and conclusions alleged to be contrary to law or not supported by the evidenceE it failed to substantiate the alleged errorsE it merely alleged that the decision in 1uestion was contrary to law or the adverse party was not given due notice thereof. U )er R2le 1E' $17 o+ t,e Co1elec R2le. o+ Proce)2re' - "otio +or Reco .i)er-tio o+ E B- c Re.ol2tio i. - /ro,i<ite) /le-)i *' e:ce/t i electio o++e .e c-.e. $Sec! 261 o+ t,e OEC7! A *eli- (! Co1elec EE2 SCRA A?A2 the &" addressed the issue on whether a party can go to the &" via a .etition on "ertiorari under 'ule (% of the 'ules of "ourt during the pendency of the M' filed with the "omelec en banc. Angelia filed before the &" a .etition for "ertiorari to set aside the resolution of the "omelec en banc annulling his proclamation alleging that he was not given due notice and hearing. Wit,o2t 3-iti * +or t,e re.ol2tio o ,i. 1otio ' Angelia filed the instant petition on the sole assignment of error that "omelec violated his constitutional right to due process. "omelec raised that the petition should be dismissed for being premature considering that the M' of petitioner was still pending with the "omelec en banc and that he should have first withdrawn the M' before raising the said resolution with the &". &" held that petitioner acted correctly in filing the petition because the resolution of the "omelec en banc is not subject to reconsideration2 and therefore2 any party who disagrees with it had only one recourse2 that was to file a petition for certiorari under 'ule (% of the 'ules of "ivil .rocedure. -he filing of the petition would in effect constitute as an abandonment of his M' with the "omelec. W,-t i. co te1/l-te) <0 t,e ter1 F+i -l or)er.' r2li *. - ) )eci.io . o+ t,e Co1elec t,-t 1-0 <e re(ie3-<le <0 t,e SC o Certior-riM -he &" in Iarces v. "ourt of Appeals #%A &"'A AA 3AA(* and 5ilipinas 7ngineering O Machine &hop v. 5errer 3)% &"'A #% 3A4%*2 the interpreted the term Gfinal orders2 rulings and decisions of the "omelec reviewable by the &" on certiorari as provided by law are those rendered in actions or proceedings before the "omelec and t-4e co* i9- ce o+ <0 t,e .-i) <o)0 i t,e e:erci.e o+ it. ;2-.i-D2)ici-l /o3er.! 82e -. 5r! (.! HRET ?&E SCRA E16 8 on the parameters of judicial review2 the &" ruled that so long as the "onstitution grants the D'7- the power to be sole judge of all contests relating to election2 returns and 1ualifications of its members2 any final action ta,en by the D'7- on a matter within its jurisdiction shall2 as a rule2 not be reviewed by this "ourt. -he power granted to the electoral tribunal xxx excludes the exercise of authority on the part of this "ourt that would in any wise restrict it or curtail it or even affect the same. PRINCIPLES CO""ON TO ALL ELECTION CONTESTS 3* =D0 MA? 5+;7 8 a candidate who has duly filed a "0" and has been voted for.

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#* Jurisdiction Allegations 8 3* protestant was a candidate who had duly filed a "0" and had been voted for the same office #* that the protestee has been proclaimed )* that the petition was filed within 3@ days after proclamation B* that fraud and election irregularities vitiated the conduct of the elections and affected the legality thereof. Lore 9o (! Co1elec B1% SCRA BB% 2 &" stressed that election contest must be liberally construed. &imilar pronouncements was made in &a1uilayan vs. "omelec B3( &"'A (%4 "e )o9- (! L-:i - Sr!' B06 SCRA 1?6 8 it was ruled that the pendency of an election contest is not enough basis to enjoin him from discharging his functions or from assuming office. "i*2el (! Co1elec EE? SCRA 1A22 the &" ruled that it is the ministerial duty of the trail court to order the opening of the ballot boxes2 examination and counting of ballots deposited thereunder whenever there is averment in an election protest that re1uires the examination2 scrutiny or counting of ballots as evidence. -he purpose of opening the BB is to determine2 with the minimum amount of protracted delay2 the truthfulness of the allegations of fraud and anomalies in the conduct of electoral exercise. CERTIFICATE OF FORU" SHOPPING -he &" in Lo0ol- (! CA 2B? SCRA BAA $1&&?7 - ) Lo1-ro * (! 82<*2<- 26& SCRA 62B $1&&A72 it was ruled that the &" "ircular re1uiring that any complaint2 petition or other initiatory pleading must contain a non:forum certification applies to election cases. -he re1uirement is mandatory2 not jurisdictional2 non:compliance therewith may warrant the dismissal of the election case. PA#"ENT OF APPEALIFILING FEES Vill-*r-ci- (! Co1elec ?1E SCRA 6?? $200A *2 while it is true that a court ac1uires jurisdiction over a case upon complete payment of the prescribed filing fee2 the rule admits of exceptions2 as when a party never raised the issue of jurisdiction in the trial court. As distinguished from &oller "ase 8 in &oller petitioner therein filed with the trial court a motion to dismiss private respondent<s protest on the ground2 among others2 lac, of jurisdiction. +n Villagracia2 petitioner actively participated in the proceedings and voluntarily submitted to the jurisdiction of the trial court. H- or-. (! Co1elec G!R! No! 1?%610 No(e1<er 12' 200B 2 the mere filing of the notice of appeal was not enough. +t should be accompanied by the payment of the correct amount of appeal fee. -he payment of the full amount of the doc,et fee is an indispensable step for the perfection of an appeal. 'ulloda v. "omelec #B% &"'A $@#* Lo0ol- (! Co1elec EEA SCRA 1EB $1&&A*2 the "ourt stressed that there is no longer any excuse for shortcoming in the payment of filing fees. -he "ourt held that in the case at bar Fany claim of good faith2 excusable negligence or mista,e in any failure to pay the full amount of filing fees in election cases which may be filed after the promulgation of this decision March #%2 3A$$*. -he ;oyola doctrine was reiterated in the subse1uent cases of Miranda v. "astillo #$B &"'A %@)2 &oller v. "omelec ))A &"'A (4B hold that a court ac1uires jurisdiction over any case only upon the payment of the prescribed doc,et fees and errors in the payment of the filing fee is no longer allowed. . Villot- V! Co1elec E62 SCRA 6A6 8 appeal fees should be paid with the "ash 9ivision of the "omelec and not with the cashier of the M-" and payment thereto beyond the reglementary period does not cure the defect. VERIFICATION 8 in the same cases2 it was li,ewise ruled that the fact petitioner failed to state in the verification that the contents thereof are true and correct of his own personal ,nowledge lac, the proper verification and the pleading must be dismissed. E>ECUTIONS PEN8ING APPEAL S-l2)-*- (.! Co1elec 61A SCRA 601 8 -he discretion to allow execution pending reconsideration belongs to the division that rendered the assailed decision2 order or resolution2 or the "omelec en banc2 as

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the case may be 8 not to the presiding "ommissioner. A writ of execution pending resolution of the M' of a decision of the division is not granted as a matter of right such that its issuance becomes a ministerial duty that may be dispensed even just by the .residing "ommission. "-l-l2- (! Co1elec 2?B SCRA E&A2 this was the first case where a judge2 acting without a precedent2 granted the motion for execution of its decision in an election protest case2 pending appeal. +t was ruled that &ec. # 'ule )A of the 'ules of "ourt which allowed the '-" to order execution pending appeal upon good reasons stated in a special order2 may be made to apply by analogy or suppletorily to election contest decided by it. -he posting of the supersedeas bond was considered good reasons by the judge. G2tierre9 (! Co1elec 2A0 SCRA 1&A 2 the "ourt settled that &ec. # of rule )A of the 'ules of "ourt can be applied pursuant to 'ule B3 of the "omelec 'ules of .rocedure in election contests decided by "ourts. -he rationale given was that the B0" are composed of persons who are less technically prepared to ma,e an accurate appreciation of the ballots2 apart from their being more opt to yield to extraneous considerations2 and that the board must have to act summarily2 practically racing against time2 while on the other hand2 the judge has the benefit of all the evidence the parties can offer and admittedly2 better technical preparation and bac,ground. C-1li- (! Co1elec 2A1 SCRA2 executions pending appeal must be strictly construed against the movant as it is an exception to the general rule on execution of judgments. R-1-. (! Co1elec 2%6 SCRA 1%&2 the "ourt enumerated what may constitute Fgood reasons< for execution pending appeal -he public interest involved or the will of the electorate -he shortness of the remaining period of the term of the contested office -he length of time that the election contest has been pending.

-he filing of a bond alone does not constitute good reasons. !evertheless2 the trial court may re1uire the filing of a bond as condition for the issuance of the corresponding writ of execution to answer for the payment of damages which the aggrieved party may suffer by reason of the execution pending appeal. Fer - )o U! B-t2l (! L2cilo B-0ro ' et! -l! B2B SCRA 26 2 execution pending appeal in the discretion of the courts applies suppletorily in election cases including those involving city and provincial officials to obviate a hollow victory for the duly elected candidate as determined either by the "ourt or by "omelec. +n this case 2 the "omelec resolution granting execution pending appeal by virtue of its original exclusive jurisdiction over all contest relating to the 72 ' and C of provincial and city officials* was raised before the &" arguing that Sec! 2 R2le E& cannot be applied and the only ground that will validly sustain execution of a decision by a "omelec division pending reconsideration is when the M' is not pro forma. "ase of 'amas did not declare that such remedy is exclusive only to election contests involving elective municipal and barangay officials. Sec! 1 o+ R2le B1 o+ t,e Co1elec R2le. o+ Proce)2re expressly provides that pertinent provisions of the 'ules of "ourt shall be applicable by analogy or in a suppletory character. N-(-ro.- (! Co1elec B11 SCRA2 the '-" in an election protest case granted execution pending appeal by 7sto after finding that 7sto won in the said election. +n the same order the judge allowed protestee !avaro/a to stay the execution of the decision pending appeal by filing a supersedeas bond in double the amount posted by the protestant.. A .etition for "eriorari was filed by 7sto with the "omelec where the "omelec #nd division affirmed the trial court<s order granting execution pending appeal and nullified the stay of the execution. -he "omelec did not gravely abuse its discretion as it is for "omelec in the exercise of its appellate jurisdiction to issue the extraordinary writs of certiorari2 prohibition mandamus and injunction over all contest involving elective municipal officials decided by the trial court of general jurisdiction elevate on appeal2 and !0- the trial court2 that may order the stay or restrain the immediate execution of the decision pending appeal granted by the trail court of general jurisdiction in an election contest. 7xcept when the trial court reversed itself in a M' of its order granting immediate execution2 it cannot later on stay or restrain the execution thereof in the guise of allowing the losing party to file a

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supersedeas bond. -he issue before the trial court where a motion for execution pending appeal is filed is to determine whether or not there are Fgood reasonsG to justify the immediate execution pending appeal. -he issue is not whether there are good reasons to stay the immediate execution of the decision pending appeal.
LI" VS! CO"ELEC ET! AL! G!R! NO! 1A1&?2 "-rc, 0%' 200AG Torre. (.! A<2 )o' Sr! ?12 SCRA ??6G -

Before granting a motion for execution pending appeal in election cases2 the &" laid down the following re1uisites 8 3* there must be motion by the prevailing party with notice to the adverse party #* there must be good reasons for the execution pending appeal )* the order granting execution pending appeal must state the good reasons. Iood reasons 5ermo v. "omelec* 3* public interest involved or will of the electorate #* shortness of the remaining term of the contested office )* length of time that the election contest has been pending I.t-r2l (.! Co1elec B&1 SCRA E00 $20067 8 the length of time that the election protest has been pending2 thus2 leaving petitioner only #3 months as the remaining portion of the term to serve as mayor2 does not constitute Fgood reasonsG to justify execution pending appeal. 'eferring to 5ermo2 the &" held that Fshortness of termG: alone and by itself cannot justify premature execution. +t must be manifest in the decision sought to be executed that the defeat of the protestee and the victory of the protestant has been clearly established.G Trill- e. IV! V.! Pi1e tel' Sr! ??6 SCRA BA1 relate to 'odolfo Aguinaldo on the condonation issue* 8 -he case against -rillanes is not administrative in nature. And there is no Fprior term< to spea, of. +n a plethora of cases2 the "ourt categorically held that the doctrine of condonation does not apply to criminal cases. 7lection2 or more precisely2 election to office2 does not obliterate a criminal charge. .etitioners electoral victory only signifies pertinently that when the voters elected him to the &enate2 Fthey did so with full awareness of the limitations on his freedom of action and with the ,nowledge that he could achieve only such legislative results which he could accomplish within the confines of prison. As to the issue of disenfranchisement2 the &" too, the opportunity to wipe out the lingering misimpression that the call of duty conferred by the voice of the people is louder than the litany of lawful restraints articulated in the "onstitution and echoed by jurisprudence. -he apparent discord may be harmoni/ed b y the overarching tenet that the mandate of the people yields to the "onstitution which the people themselves ordained to govern all under the rule of law. allowing him to attend congressional sessions will virtually ma,e him a free man 8 it would be a moc,ery of the purposes of the correction system. CAN 8A"AGES BE AWAR8E8 IN ELECTION PROTEST CASES +n Malaluan2 the "ourt ruled that damages cannot be granted in an election protest case ratiocinating that the provision of law allowing damages under specific circumstances2 more particularly compensatory and actual damages is provided under Article #3$( of the "ivil "ode which is appropriate only in breaches of obligations in contracts and C" and on the occasion of crimes and C9 where the defendant may be held liable for damages the proximate cause of which is the act or omission complained of. -herefore2 the monetary claim of a party in an election case must necessarily be anchored in contract2 C"2 or a tortiuos act or omission of a crime in order to effectively recover actual or compensatory damages. +n the absence of any or all of these2 the claimant must be able to point out a specific provision of law authori/ing a money claim for election protest expenses against the losing party. -he bonds or cash deposits re1uired by the "omelec rules of .rocedure are in the nature of filing fees not damages SUBSTITUTION OF PARTIES IN AN ELECTION PROTEST CASE 5ernando .oe v. Arroyo March #A2 #@@%2 the "ourt resolved the issue on whether the widow may substitute>intervene for the protestant who die during the pendency of the latter<s protest case. -he fundamental rule applicable in a presidential election protest is 'ule 3B of the .7- 'ules which provides Fonly the registered candidate for .res. or V. of the .hilippines who received the # nd and

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)rd highest number of votes may contest the election of the . and V.2 as the case may be2 by filing a verified petition with the "ler, of the .7- within )@ days after the proclamation of the winner. -he "ourt made reference in its ruling in Vda de Mesa v. Mencias where it rejected substitution by the widow or the heirs in election contest where the protestant dies during the pendency of the protest on the grounds that the heirs are not real parties in interest and that a public office is personal to the public officer and not a property transmissible to the heirs upon death. -he "ourt pursuant to 'ule )2 &ection 3% of the rules of "ourt2 however2 allowed substitution and intervention upon the death of the protestee but by a real party in interest2 one who would be benefited or injured by the judgment and entitled to avail of the suit. +n the Mencias and ;umogdnag v. Javier cases2 the "ourt permitted substitution by the VM since the VM is the real party in interest considering that if the protest succeeds and the protestee is unseated2 the VM succeeds to the office of the mayor that becomes vacant if the one duly elected cannot assume office. +t further held2 that nobility of intentions is not the point in reference in determining whether a person may intervene in an election protest case. PROSECUTION OF ELECTION CASES Article I>-C Sectio 2$67 of the "onstitution vests in the "omelec the power and function to investigate and where appropriate2 prosecute cases of violations of election laws2 including acts or omissions constituting election frauds2 offenses and malpractices. -his prosecutorial power of the "omelec is reflected in &ection #(% of B. 443. +t is well settled that the finding of probable cause in the prosecution of election offenses rests in the "omelec<s sound discretion. $G-rci- (! Co1elec 611 SCRA ?? 5- ! 20107 +n Co1elec (! No0 -0' 52l0 &' 1&&%2 the "omelec resolved to file an +nformation for violation of &ection #(3 i* of the 07" against certain public school officials for having engaged in partisan political activities which was filed by its 'egional 9irector with Branch #) of '-" of Allen !orthern &amar presided by Judge -omas B. !oynay. -he judge ordered the records of the cases to be withdrawn and directed the "omelec to file the cases with the M-" on the ground that pursuant to &ection )# of B. 3#A as amended by 'A $(A32 the '-" has no jurisdiction over the cases since the maximum imposable penalty in each of the cases does not exceed ( years imprisonment. -he &" ruled that 'A $(A3 did not divest the '-" of jurisdiction over election offenses which are punishable with imprisonment of not exceeding ( years. -he opening sentence of &ection )#2 provides that the exclusive original jurisdiction of Metropolitan -rial "ourts2 M-" and M"-" does not cover those criminal cases which by specific provisions of law fall within the exclusive jurisdiction of the '-" and of the &B2 regardless of the penalty prescribed therefore. Co1elec (.! E./- ol B1A SCRA ??B2 it was ruled that the "omelec2 thru its duly authori/ed legal officers2 under &ection #(% of the 07"2 has the exclusive power to conduct preliminary investigation of all election offenses punishable under the 07" and to prosecute the same. -he acts of these deputies within the lawful scope of their delegated authority are the acts of the "omelec. G-rci- (! Co11i..io o Electio . 611 SCRA ?? Ienerally2 the "ourt will not interfere with the finding of probable cause by the "omelec absent a clear showing of grave abuse of discretion. P/! (! I ti * 52l0 2?' 1&&02 "omelec is given exclusive authority to investigate and conduct preliminary investigations relative to commission of election offenses and prosecute the same. A preliminary investigation conducted by the .rovincial 7lection &upervisor involving an election offense does not have to be coursed through the .rovincial .rosecutor before the '-" may ta,e cogni/ance of the investigation and determine whether or not probable cause exist to issue a warrant of arrest. +f the .rovincial .rosecutor performs any role at all as regards the prosecution of an election case2 it is by delegation or that he was deputi/ed by the "omelec. F-el -r (! Peo/le EE1 SCRA B2&2 a* where the &tate .rosecutor2 or .rovincial or "ity .rosecutor exercises the power to conduct preliminary investigation of election offense cases and after the investigation submits its recommendation to the "omelec2 the issue of probable cause is already resolved. -he /ro/er re1e)0 to ;2e.tio t,e .-i) re.ol2tio i. to +ile - -//e-l 3it, t,e CO"ELEC - ) t,e r2li * o+ t,e Co1elec o t,e -//e-l 3o2l) <e i11e)i-tel0 +i -l - ) e:ec2tor0!

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b* +f the preliminary investigation of the complaint for an election offence is conducted by the "omelec2 the investigation officer prepares its recommendation to the ;aw 9epartment which department in turn ma,es its recommendation to the "omelec en banc on whether there is probable cause to prosecute ! It i. t,e Co1elec e <- c 3,ic, )eter1i e. t,e e:i.te ce o+ /ro<-<le c-2.e! -he proper remedy of the aggrieved party is to file a Motion for 'econsideration of such resolution. -his effectively allows for a review of the original resolution2 in the same manner that the "omelec on appeal2 or motu propio2 may review the resolution of the &tate prosecutor2 or .rovincial or city fiscal. -a,e note that since this is an election offense a Motion for 'econsideration of an 7n Banc resolution is allowed.* Her1- Ti2 L-2rel (.! RTC 52)*e o+ "- il- Br! 10 - ) Co1ele c2 the &" upheld the power of "omelec to prosecute cases of violations of election laws and further explained that there are t3o $27 3-0. t,ro2*, 3,ic, - co1/l-i t +or electio o++e .e. 1-0 <e i iti-te)! 3* it may be filed by the "omelec motu propio or #* it may be filed via written complaint by any citi/en of the .hilippines2 candidate2 registered political party2 coalition of political parties or organi/ations under the party:list system or any accredited citi/en arms of the commission. Motu propio complaints may be signed by the "hairman of the "omelec and need not be verified. But those complaints filed by parties other than the "omelec must be verified and supported by affidavits and other evidence. -he complaint shall be filed with the "omelec ;aw 9epartment or with the offices of the 702 .7& or '792 or the &tate .rosecutors2 provincial or city prosecutors. =hether initiated motu propio or filed with the "omelec by any party2 the complaint shall be referred to the "omelec ;aw 9epartment for investigation. 6pon the direction of the "hairman2 the .+ may be delegated to any lawyer of the 9epartment2 any '79 or .7&2 or any "omelec lawyer. Co1elec (! Sil(- Fe<! 10' 1&&%2 the &" settled the issue as to whether the "hief &tate .rosecutor2 who was designated by the "omelec to prosecute election cases2 has the authority to decide whether or not to appeal from the orders of dismissal of the '-". +t was held that the authority belongs to the "omelec and not the prosecutor as the latter derive its authority from the "omelec and not from their offices. .ropriety dictates2 that if the prosecutor believes2 after the conduct of the .+2 that no probably cause warrants the prosecution of the accused who have allegedly violated &ec. #$ of 'A ((B( tampering of certificate of canvass*2 the matter would have been discussed with the "omelec and if the latter disagrees2 see, permission to withdraw from the case. 8i o (.! Oli(-re. 60A SCRA 2?1 $8ec' B' 200&7! -he &" held that being mere deputies or agents of the "omelec with continuing authority*2 provincial or city prosecutors deputi/ed by it are expected to act in accord with and !0- contrary to or in derogation of its resolutions2 directives or orders in relation to election cases that such prosecutors are deputi/ed to investigate and prosecute. -hey must proceed within the lawful scope of their delegated authority. &uch authority may be revo,ed or withdrawn anytime by the "omelec2 either expressly or impliedly2 when in its judgment such revocation or withdrawal is necessary to protect the integrity of the process to promote the common good2 or where it believes that successful prosecution of the case can be done by the "omelec. =hen the "omelec en banc directed the "ity .rosecutor of .arana1ue to transmit the entire records of the election offense case2 it had the effect of &6&.7!9+!I -D7 A6-D0'+-? of the "ity .rosecutor. Dence2 the filing of the amended information and the amended information themselves2 is declared void and of no effect. Nilo.<-0- (.! Co1elec 2%0 SCRA %&22 Hilosbayan filed a letter:complaint with the "omelec against incumbent officials running for public elective office for violation of &ec. #(3 of the 07" alleging illegal disbursement of public funds and submitting as evidence to support the complaint2 published writings in newspapers without any additional evidence to support the newspaper articles on the argument that it was the "omelec<s constitutional duty to prosecute election offenses upon any information of alleged commission of election offenses. -he "omelec dismissed the complaint there being on probable cause found. -he &" rued t,-t it i. ot t,e )2t0 o+ t,e Co1elec to .e-rc, +or e(i)e ce to /ro(e - electio co1/l-i t +ile) <e+ore it! T,e t-.4 o+ Co1elec -. i (e.ti*-tor - ) /ro.ec2tor i. ot t,e /,0.ic-l

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.e-rc,i * - ) *-t,eri * o+ /roo+ i .2//ort o+ t,e -lle*e) co11i..io o+ - electio o++e .e! T,e co1/l-i - t .till ,-. t,e <2r)e to /ro(e ,i. co1/l-i t!

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