Election is the embodiment of the

popular will, the expression of the

sovereign power of the people. It
involves the choice or selection of
candidates to public office by popular
vote.

any election as used in the
Constitution or the Election Code
includes all elections in the country
and refers not only to any election
then provided in the laws or the
Constitution, but to any election
which may thereafter be required to
be held pursuant to law.
regular election, whether national
or local, refers to an election
participated in by those who possess
the right of suffrage are not
otherwise disqualified by law, amd
who are registered votes.
special election is one held where
there is failure of election on the
scheduled date of regular election (in
the particular place or which is
conducted to fill up certain vacancies,
as provided by law.
The purpose of an election is to
enable the electorate to choose the
men and women who would run their
government, whether national,
provincial, city, municipal, or
barangay.
To promote free, orderly, and honest
elections.
THE COMISSION ON ELECTIONS
Rotational Plan in the appointment to
the Commission:
The Constitution required that for the
Comissioners first appointed, three
shall hold office for seven years,
three for five years, and the last three
for three years.
This is to ensure continuity in the
expertise and work of the
Commission.
Indepency of Commission:
1. Given fixed terms without
reappointment.
2. Salaries shall not be decreased
during their continuance in
office.
3. During their tenure not engage
in practice of any profession or
in the management of any
business, or be financially
interested.
4. Only be removed from office or
impeachment or culpable
violation of the Constitution,
treason, bribery or other high
crimes, or graft and corruption.

Composition:
Chairman
6 Commissioners
The powers of the Comission may be
classified into
(1) Executive
Refers to the enforcement and
administration of the election laws.
(2) Legislative
Refers to the issuance of rules and
regulations to implement the
election laws and to the exercise of
such legislative functions as may be
expressly delegated.
(3) Judicial
Embraces the power to resolve
controversies that may arise in the
enforcement of election laws and to
be the sole judge of all pre-
proclamation disputes and election
contests.

Jurisdiction of COMELEC in
division, en banc.
Exc:
1. Purely administrative and
not quasi-judicial in nature.
2. 2-1 decision rendered by
the COMELEC in division is
a valid decision.
3. Petitioner invoked the
jurisdiction of the
COMELEC en banc,
participated in its
proceedings and sought
reliefs therefrom.
The jurisdiction of the
COMELEC is merely appellate,
from appeals from decisions
of the municipal or
metropolitan trial courts.
The COMELEC has jurisdiction
over petitions for
disqualification of municipal,
provincial, city, congressional,
senatorial, vice presidential
and presidential officials filed
before the elections.
Where the COMELEC en banc is
equally divided in opinion or the
necessary majority vote cannot
be had, the case will be reheard
and if after rehearing no decision
is reached, the action originally
commenced in the COMELEC is
DISMISSED. In appealed cases,
the judgment or order appealed
from shall STAND AFFIRMED,
and in all INCIDENTAL MATTERS,
the petition or motion shall be
DENIED.

PETITION FOR REVIEW TO
SUPREME COURT
The decisions or ruling refer to
the decision or final order of the
COMELEC en banc and not of
any division thereof.
A motion for reconsideration of
a decision of the COMELEC
Division has to be filed first,
which is resolved by the
COMELEC en banc, whose
decision on the motion for
reconsideration may then be the
subject of a petition for
certiorari with the Supreme
Court.
The COMELEC has exclusive
appellate jurisdiction over all
contests involving municipal
officials decided by trial courts
of general jurisdiction (RTC) as
well as those involving barangay
officials decided by trial courts
of limited jurisdiction
(MTC/MetTCs).
All questions affecting elections
The Constitution grants the
Commission the power to
decide, except those involving
the right to vote, all questions
affecting elections, including the
determination of the number
and location of polling places,
appointment of election officials
and inspectors, and registration
of votes.

The Commission exercises DIRECT
AND IMMEDIATE SUPERVISION AND
CONTROL over national and local
officials or employees including
members of any national or local law
enforcement agency and
instrumentality of the government
required by law to perform duties
relative to the conduct of elections.
The power of direct supervision and
control includes the power to review,
modify or set aside any act of such
national and local officials which the
Commission may find to do so.
Ex: Board of Election Inspectors, and
Board of Canvassers are election
officials. the power also to relieve
any member thereof for cause and to
appoint a substitute.
The Commission has the power to
annul an illegal canvass and an illegal
proclamation, as well as the authority
to suspend the canvass or the
proclamation of winning candidates.-
must have notice and hearing.
The Commission has the power to
decide administrative questions
concerning the registration of voters.
This power includes the authority to
annul illegal registry list of voters.
Questions concerning the right to
vote, which are within the
competence of the courts, refers to
the administration of whether or not
a person can exercise or is precluded
from exercising the right to suffrage.
The question of inclusion or
exclusion from the list of voters
involves the right to vote.
The Commission has the exclusive
authority to investigate and if
warranted, prosecute before the
regular courts election offenses
whether committed by public officers
or private persons.
The Commission has the authority to
issue subpoena and grant immunity
from criminal prosecution.
COMELEC as Board of Canvassers for
the election of Senators.









CERTIFICATE OF CANDIDACY
A certificate of candidacy is in the
nature of a formal manifestation to
the whole world of the candidates
political creed or political creed.
Sworn Certificate of Candidacy
A certificate of candidacy seasonably
filed may be amended before the
elections, even after the date of its
filing,
FORMAL DEFECTS not render the
certificate invalid and may be cured
by amending the certificate of
candidacy.
Substution of Candidacy:
1. Dies
2. Withdraws under OATH
3. Disqualfied for any cause
(only a person belonging to and
certified by the same political party)
Election Disputes:
Before Election
1. Disputes filed against the
erring candidate before the
election.
2. Pre-proclamation controversies
3. Post election disputes
Grounds:
1. Given money or material
consideration.
2. Committed acts of terrorism
3. Solicited, received or made any
contribution prohibited.
4. Violated sections
5. Permanent resident or an
immigrant to a foreign country.
6. Insane
7. Moral Turpitude.
Disqualification case
2 aspects
1. Administrative
2. Criminal
Quo Warranto filed within 10 days
from proclamation
1. Winners inegibility
2. Disloyalty to the Republic of
the Philippines.
Election Protest
1. Election Frauds and
Irregularities.
The rule is that the disqualification of
a candidate under Sec 68 of OEC in a
particular election cannot extend to
the next succeeding election.
Removal cannot extend beyond the
term during which the alleged
misconduct was committed.
PETITION TO DECLARE NUISANCE
CANDIDATE
Comission motu proprio, verified
petition of an interested party
- Filed within (5) days from the
last filing of certificate of
candidacy.
M-D-C
1. Those who filed his certificate
of candidacy to put the
election process in mockery or
disrepute or to cause
confusion among voters.
By the similarity of names of the
registered candidates or who by
other acts or circumstances is
clearly demonstrated to have no
bona fide intention to run for the
office.
Actions:
1. Refuse to give due course.
2. Cancel Certificate of Candicacy.
Petition To Cancel Candidacy
1. That any material
representation contained
therein as required under
Sec 74 thereof is false.

At any time not later than 25
days from the time of filing
Certificate of Candidacy.

Pre proclamation Controversy
Refers to any question pertaining to
or affecting the proceedings of the
Board of Canvassers
Which may be raised by any
candidate or by any registered
political party or coalition of political
parties
Before the board or directly with the
Commission, or any matter raised
under Secs 233, 234, 235 and 236 in
relation to the preparation,
transmission, receipt, custody and
appreciation of the election returns.
P-T-R-C-A of ER
The purpose to ascertain the
winner or winners in the
elections on the basis of the
election returns duly
authenticated by the board of
inspectors and admitted by the
board of canvassers. A pre-
proclamation controversy is
summary in nature.
The COMELEC has authority over
issues affecting the election of
member of Congress , who has not
been proclaimed and taken his oath,
involving:
1. Manifest errors in the
certificate of canvass or
election returns.
2. The composition of the board
or its proceeding.
Annulment or Suspension of
Proclamation must be with hearing
Issue of Pre-proclamation
controversy
I-I-D-C
a. Illegal Composition or
Proceedings of BOC
b. Incomplete canvassed election
returns.
c. Election Returns with duress,
threats, coercion and
intimidation, obviously
manufactured.
d. Fraudulent returns in
controverted polling places
were canvassed.