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USE AT YOUR OWN RISK
ELECTION LAW REVIEWER- ATTY GALLANT SORIANO
CHAPTER 2
Challenges to the right to register
Who may challenge?
(Section 18 RA 8189)
Requirement

Procedure
Opposition
(in form of answer)
Petition
Who may

When

When to decide
Appeal

Petition for exclusion
Reqs

When

Any Voter
Candidate
Representative of a registered political party
In writing
Under oath
Attached to the application
Proof of notice of hearing
State the ground
Hearing: third Monday of the month
Decision: end of the month
Filed not later than second Monday
Scheduled to be heard by ERB
Any Voter
Candidate
Representative of a registered political party
a. Any time
b. Except 105 days prior to a regular
election and 75 days prior to a special
election
15 days after filing
Within five daysRTC
RTC will decide within 10 days
Decision is final and executory
-Sworn petition with
Name
Address
Precinct
-Proof of Notice
Any time
Except 100 days prior to a regular election and
65 days prior to a special election

Election officers- part of their responsibility is to ensure the true and rightful list of voters
ROBBE2014

2

Political Party- Partner of COMELEC to ensure a peaceful and honest election and to ensure the
true and rightful list of voters

Why there is a difference of the time to file for inclusion (105 days prior to regular election;75
days special election) and exclusion (100 days prior to a regular election and 65 days prior to
a special election)
Annulment of book of voters
Section 39 ra 8189
Requirements
Grounds

Limitations

ROBBE2014

Verified petition
1. State the grounds
a. Not in accordance with RA 8189
b. Prepared through fraud, fraud, bribery,
forgery ,impersonation, intimidation,
force or any similar irregularity
c. Contains data that are statistically
improbable
a. Executed within 90 days
b. Order of annulling book of voters is not
a ground for preproclamation
controversy

39 RA 7160 Citizen At least 23 Years old on election day Able to read and write Filipino or any Mayor and Vice Mayor (City) Sec. 3 Art VI Natural Born Citizen At least 40 years old at the day of election Able to read and write Registered Voter Natural Born Citizen At least 35 years old at the day of election Able to read and write Registered Voter House of Representative Sec. Residence) Basis (1987 Constitution) Citizenship Age Literacy Voter Residence President & VP Senate Sec 2 Art VII Sec. Why Natural born Citizen? On the justification that people who are voted on this election must have an absolute and undivided allegiance Residence? For Familiarity and acquaintance Qualifications for Local Elective Offices Basis Citizenship Age Literacy ROBBE2014 Governor and Vice Governor Mayor HUC Sec. the election. Voter. 39 RA 7160 Citizen At least 21 Years old on election day Able to read and write Filipino or any SP & SB Sec.3 CHAPTER 4 *MEMORIZE Qualifications for National Elective Offices (CALVRES=Citizenship. the election. 6 Art VI Natural Born Citizen At least 25 years old at the day of election Able to read and write Registered Voter in the District which he shall be elected Resident of the Resident of the A resident of the Philippines for not Philippines for not district for a period less than 10 years less than 2 years of not less than 1 immediately immediately year immediately preceding the day of preceding the day of preceding the day of the election. Literacy. Age. 39 RA 7160 Citizen At least 23 Years old on election day Able to read and write Filipino or any Sec. 39 RA 7160 Citizen At least 18 Years old on election day Able to read and write Filipino or any .

Those born befre January 17. Who has filed a certificate of candidacy 4. to make a person suitable for a particular position 1. Any person 2. a conditional circumstance 2. For a particular position 1. that must be met or complied with 3. Without having to perform any act to acquire or perfect Citizenship 3. aggroupment . Aspiring for or seeking an elective office 3. 1. The quality of not being suitable 2. Those who are citizens of the Philippines from birth 2. 1973 of Filipino Mothers who elect Philippine citizenship at the age of majority 4.4 Voter Registration Residence other local language or dialect Registered Voter other local language or dialect Registered Voter other local language or dialect Registered Voter 1 yr in the province where he intended to be elected 2 Years in the Philippines 1 yr in the province where he intended to be elected 2 Years in the Philippines 1 yr in the province where he intended to be elected 2 Years in the Philippines other local language or dialect Registered Voter in the district 1 yr in the province where he intended to be elected 2 Years in the Philippines Are Naturalized Citizens allowed to run LEO? Yes Definition of terms Candidate Sec 79 (a) BP 881 Qualification Disqualification Natural Born Citizen Residence Domicile ROBBE2014 1. For the exercise of civil rights and . By himself or through an accredited political party. Indicate a place of abode whether permanent or temporary (?????) 1. or coalition of parties 1.

Senator Aquilino Pimentel Jr. within two (2) years after serving sentence. rebellion 3. 2. associations.particular candidate or candidates to a public office (1) Forming organizations. Those removed from office as a result of an administrative case. Those with dual citizenship. Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right after the effectivity of this Code. sentenced by final judgment for a crime involving moral turpitude Disqualifications applicable to LEO only (Sec 40 Ra 7160) 1. has been declared by competent authority insane or incompetent 2.12) 1. insurrection. 5. The insane or feeble-minded. 4. 3. Those convicted by final judgment for violating the oath of allegiance to the Republic. clubs.an act designed to promote the election or defeat of a B.5 Art 50 Civil Code fulfilment of civil obligations 2. sentenced by final judgment for subversion. Father of LGC. committees or other groups of persons for the purpose of soliciting votes and/or undertaking any campaign for or . Fugitives from justice in criminal or non-political cases here or abroad. Those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one (1) year or more of imprisonment. The domicile of natural persons is the place of their habitual residence Disqualifications (Omnibus Election Code Sec. and 7. 6. Can a Juridical person run for public office? CHAPTER 6 CAMPAIGN ELECTION PROPAGANDA ELECTION CAMPAIGN SECTION 29 INCLUDED ROBBE2014 A.

or other similar assemblies. pledges or support for or against a candidate.to Section 11 of RA 8436. Applying the facts . shall not be considered as election campaign or partisan election activity. conferences. Eusebio clearly did not violate Section 80 of the Omnibus Election Code which requires the ROBBE2014 . or holding interviews for or against the election of any candidate for public office. only on 23 March 2004. engage in an election campaign or partisan political activity except during the campaign period political parties may hold political conventions or meetings to nominate their official candidates within thirty days before the commencement of the campaign period and forty-five days for Presidential and Vice-Presidential election.6 against a candidate. aggroupment. rallies. (4) Publishing or distributing campaign literature or materials designed to support or oppose the election of any candidate. the last day for filing certificates of candidacy. NOT CONSIDERED PROHIBITION SECTION 80 EXCEPTION A.as found by Director Ladra and affirmed by the COMELEC First Division . meetings. (3) Making speeches. for the purpose of soliciting votes and/or undertaking any campaign or propaganda for or against a candidate. if performed for the purpose of enhancing the chances of aspirants for nomination for candidacy to a public office by a political party. parades. (2) Holding political caucuses. CASE LANOT V COMELEC for purposes of Section 80 of the Omnibus Election Code. announcements or commentaries. or coalition of parties B. or (5) Directly or indirectly soliciting votes.

or 3. That said streamers may be displayed five (5) days before the date of the meeting or rally and shall be removed within twenty-four (24) hours after said meeting or rally.4.7 existence of a "candidate. That the Commission's authorization shall be published in two newspapers of general circulation throughout the nation for at least twice within one week after the authorization has been granted. shall be allowed: Provided. except that. at the site and on the occasion of a public meeting or rally. or in announcing the holding of said meeting or rally. whether framed or posted. (c) Cloth.2. . No. decals. with an area not exceeding two (2) feet by three (3) feet. That the advertisements shall follow the requirements set forth in Section 4 of this Act. with an area exceeding two feet by three feet. leaflets. or in announcing the holding of said meeting or rally.5. paper or cardboard posters. stickers or other written or printed stickers or other written or printed materials of a size not more than eight and materials the size of which does not one-half inches in width and fourteen exceed eight and one half inches in width inches in length. LAWFUL ELECTION PROPAGANDA SECTION 82 SECTION 3 RA 9006 (a) Pamphlets. cards. (d) All other forms of election propaganda not prohibited by this Code as the Commission may authorize after due notice to all interested parties and hearing where all the interested parties were given an equal opportunity to be heard: Provided. during the commission of the questioned acts. COMELEC G. whether framed or posted. streamers not exceeding three feet by eight feet in size. decals. Handwritten or printed letters urging voters to vote for or against any particular political party or candidate for public office. except that. Cloth. That said streamers may not be displayed except one week before the date of the meeting or rally and that it shall be removed within seventy-two hours after said meeting or rally.3. and fourteen inches in length. and CASE: ADIONG VS COMELEC 207 SCRA 712 ADIONG v. 3. (b) Handwritten or printed letters urging voters to vote for or against any particular candidate.R. Pamphlets. streamers not exceeding three (3) feet by eight (8) feet in size. 103956 ROBBE2014 3. 3. Paid advertisements in print or broadcast media: Provided. All other forms of election propaganda not prohibited by the Omnibus Election Code or this Act.1. cards." one who has filed his certificate of candidacy. leaflets. at the site and on the occasion of a public meeting or rally. shall be allowed: Provided. 3. paper or cardboard posters.

public or private. 2347 of the COMELEC providing that “decals and stickers may be posted only in any of the authorized posting areas provided in paragraph (f) of Section 21 hereof” is DECLARED NULL and VOID. leaflets. another cardinal rule prescribed by the Constitution would be violated. Section 21 (f) of the same resolution provides: Sec. The burden is not met in this case. mobile or stationary. HELD: The petition is hereby GRANTED. (The right to property may be subject to a greater degree of regulation but when this right is joined by a “liberty” interest. The COMELEC’s prohibition on posting of decals and stickers on “mobile” places whether public or private except in designated areas provided for by the COMELEC itself is null and void on constitutional grounds. which in this case is a privately-owned vehicle (The provisions allowing regulation are so loosely worded that they include the posting of decals or stickers in the privacy of one’s living room or bedroom. 1992. and limit their location or publication to the authorized posting areas that it fixes. That decals and stickers may be posted only in any of the authorized posting areas provided in paragraph (f) of Section 21 hereof. Section 15(a) of the resolution provides: Sec. post. 6646 and 7166 and other election laws. decals… Provided. the questioned prohibition premised on the statute (RA 6646) and as couched in the resolution is void for overbreadth. the Omnibus Election Code. a senatorial candidate in the May 11. 15.) In consequence of this prohibition. Article III). — The following are lawful election propaganda: (a) Pamphlets. 1992 FACTS: On January 13. According to him such prohibition is violative of Section 82 of the Omnibus Election Code and Section 11(a) of Republic Act No. inscribe. 2347 pursuant to its powers granted by the Constitution. Republic Acts Nos. The regulation strikes at the freedom of an individual to express his preference and. The portion of Section 15 (a) of Resolution No. Prohibited forms of election propaganda. display or publicly exhibit any election propaganda in any place. The prohibition unduly infringes on the citizen’s fundamental right of free speech enshrined in the Constitution (Sec. 6646. cards. Also. Lawful Election Propaganda. It is unlawful:… (f) To draw. the COMELEC promulgated Resolution No. the freedom of expression curtailed by the questioned prohibition is not so much that of the candidate or the political party. by displaying it on his car. the burden of justification on the part of the Government must be exceptionally convincing and irrefutable. 4.) ROBBE2014 . ISSUE: Whether or not the COMELEC may prohibit the posting of decals and stickers on “mobile” places. whether public or private. The restriction as to where the decals and stickers should be posted is so broad that it encompasses even the citizen’s private property. 21(f). Section 1. Significantly. except in the COMELEC common posted areas and/or billboards… Petitioner Blo Umpar Adiong. Article III of the Bill of Rights provides that no person shall be deprived of his property without due process of law.8 March 31. 1992 elections assails the COMELEC’s Resolution insofar as it prohibits the posting of decals and stickers in “mobile” places like cars and other moving vehicles. to convince others to agree with him. paint.

” The electoral body believed that such project might conflict with the official Comelec count. ABS CBN VS COMELEC GR 13486 JAN 28. with PR groups. until further orders. Section 26 and Article XIII. as well as the unofficial quick count of the National Movement for Free Elections (Namfrel). Hence. in the exercise of its powers. can absolutely ABS-CBN: The holding of exit polls and the nationwide reporting of their results are valid exercises of the freedoms of speech and of the press COMELEC: ROBBE2014 . tricycles. the constitutional objective to give a rich candidate and a poor candidate equal opportunity to inform the electorate as regards their candidacies. Two days before the elections on May 11. the Court issued the Temporary Restraining Order prayed for by petitioner ABS-CBN. its agents or representatives from conducting exit surveys. pedicabs and other moving vehicles needs the consent of the owner of the vehicle. It is to be reiterated that the posting of decals and stickers on cars. mandated by Article II. from implementing the assailed Resolution or the restraining order issued pursuant thereto. is not impaired by posting decals and stickers on cars and other private vehicles. the exit polls were actually conducted and reported by media without any difficulty or problem.2000 FACTS: COMELEC issued a Resolution approving the issuance of a restraining order to stop ABS CBN or any other groups. if any. It also noted that it had not authorized or deputized ABSCBN to undertake the exit survey. section 1 in relation to Article IX (c) Section 4 of the Constitution. calesas. In sum. ISSUE: ban exit polls W/N the Comelec. the prohibition on posting of decals and stickers on “mobile” places whether public or private except in the authorized areas designated by the COMELEC becomes censorship which cannot be justified by the Constitution. In fact. The Resolution was issued by the Comelec allegedly upon "information from a reliable source that ABS-CBN (Lopez Group) has prepared a project. to conduct radio-TV coverage of the elections and to make an exit survey of the vote during the elections for national officials particularly for President and Vice President. 1998. The Comelec was directed to cease and desist. the preference of the citizen becomes crucial in this kind of election propaganda not the financial resources of the candidate. results of which shall be broadcasted immediately.9 Additionally.

by the very nature of a survey. preserve and maintain the secrecy and sanctity of the ballot." as the "voters are lured to reveal the contents of ballots. orderly and credible May 11. 1998 elections"." such as in the present case. since the former is only part of the latter. the outcome of one can only be indicative of the other. If at all. not at stake here are the credibility and the integrity of the elections." which in turn may result in "violence and anarchy. based on the limited data gathered from polled individuals. It submits that the constitutionally protected freedoms invoked by petitioner "are not immune to regulation by the State in the legitimate exercise of its police power. Second. In other words." It then contends that "an exit poll has the tendency to sow confusion considering the randomness of selecting interviewees.10 1)The issuance thereof was "pursuant to its constitutional and statutory powers to promote a clean. The holding and the reporting of the results of exit polls cannot undermine those of the elections. so that the results will as much as possible be representative or reflective of the general sentiment or view of the community or group polled. It consists merely of the opinion of the polling group as to who the electorate in general has probably voted for. Finally. the survey result is not meant to replace or be at par with the official Comelec count." 2)It contends that "the conduct of exit surveys might unduly confuse and influence the voters. which are exercises that are separate and independent from the exit polls. The COMELEC Resolution on exit polls ban is nullified and 1) Clear and present danger of destroying the integrity of electoral processes Speculative and Untenable. The probability that the results of such exit poll may not be in harmony with the official count made by the Comelec x x x is ever present. the exit poll has a clear and present danger of destroying the credibility and integrity of the electoral process. Article V of the Constitution and relevant provisions of the Omnibus Election Code. the interviewees or participants are selected at random. and "to protect. First." 3)"exit surveys indirectly violate the constitutional principle to preserve the sanctity of the ballots." and that the surveys were designed "to condition the minds of people and cause confusion as to who are the winners and the losers in the election. ROBBE2014 ." in violation of Section 2." SUPREME COURT: set aside. honest. which further make[s] the exit poll highly unreliable. 4) "[p]ress freedom may be curtailed if the exercise thereof creates a clear and present danger to the community or it has a dangerous tendency.

the Omnibus Election Code prohibits disruptive behavior around the voting centers. candidates. without transgressing the ROBBE2014 . [44] Concededly. 3) Violation of Ban Secrecy The contention of public respondent that exit polls indirectly transgress the sanctity and the secrecy of the ballot is off-tangent to the real issue. however. for the purpose of assuring that the votes have been cast in accordance with the instructions of a third party. The reason behind the principle of ballot secrecy is to avoid vote buying through voter identification. what is forbidden is the association of voters with their respective votes. Neither has any evidence been presented proving that the presence of exit poll reporters near an election precinct tends to create disorder or confuse the voters. or from putting distinguishing marks thereon so as to be identified. Indeed. The valuable information and ideas that could be derived from them. Petitioner does not seek access to the ballots cast by the voters. since its application is without qualification as to whether the polling is disruptive or not. In exit polls. The ballot system of voting is not at issue here. however. that exit polls or the means to interview voters cause chaos in voting centers. Also proscribed is finding out the contents of the ballots cast by particular voters or disclosing those of disabled or illiterate voters who have been assisted.[45] There is no showing. This result cannot. based on the voters' answers to the survey questions will forever remain unknown and unexplored. Unless the ban is restrained. Voters may also choose not to reveal their identities. narrowly tailored countermeasures may be prescribed by the Comelec. Clearly. Furthermore. the contents of the official ballot are not actually exposed. social scientists and the electorate in general would be deprived of studies on the impact of current events and of election-day and other factors on voters' choices. but voluntary. voters are prohibited from exhibiting the contents of their official ballots to other persons. so as to minimize or suppress incidental problems in the conduct of exit polls. Thus. the revelation of whom an elector has voted for is not compulsory.11 2) Overbroad The Comelec's concern with the possible noncommunicative effect of exit polls -disorder and confusion in the voting centers -. Undoubtedly. the assailed Comelec Resolution is too broad. from making copies thereof. the prohibition incidentally prevents the collection of exit poll data and their use for any purpose. Moreover. researchers. be achieved merely through the voters' verbal and confidential disclosure to a pollster of whom they have voted for.does not justify a total ban on them.

4which provides that surveys affecting national candidates shall not be published 15days before an election and surveys affecting local candidates shall not bepublished 7 days before the election.etc.A. 2001FACTS: On the one hand. on the other hand. and the right to reply. especially section 5. in the opinion of the polling individuals or organizations.. the electorate voted. Kamahalan Publishing Corp. publishes theManila Standard which is a newspaper of general circulation and features items of information including election surveys. Kamahalan. Section 5.R. 9006 (Fair Election Act). for its part. to give an advance overview of how. ISSUE: Whether or not the restriction on the publication of election survey constitutes aprior restraint on the exercise of freedom of speech without any clear and presentdanger to justify such restraint RULING/RATIO: Yes. The power of the COMELEC over media franchises is limited to ensuring equalopportunity. the Comelec cannot ban them totally in the guise of promoting clean. 2001. No. 9006 constitutes an unconstitutional abridgement of freedom of speech. Nor does thissection pass the O’brient test for content related regulation because (1) itsuppresses one type of expression while allowing other types such as editorials. the prohibition of speech is direct. absolute. 147571May 5.Note: Justice Kapunan’s dissenting opinion basically says that the test of clear andpresent danger is inappropriate to use in order to test the ROBBE2014 . space. 1998 elections. intends to publishelection survey results up to the last day of the elections on May 14.12 fundamental rights of our people. usually through the mass media.. In our electoral history. immediately after they have officially cast their ballots. time. COMELECG. honest. and substantial. The results of the survey are announced to the public. and the press. Both SWS and Kamahalan are contesting thevalidity and enforcement of R. Hence.Here.A. exit polls had not been resorted to until the recent May 11.4 of R.SWS wanted to conduct an election survey throughout the period of the electionsboth at the national and local levels and release to the media the results of suchsurvey as well as publish them directly. as well as to fix reasonable rates of charge for the use of media facilities for public information and forms amongcandidates. orderly and credible elections Social Weather Stations v.## An exit poll is a species of electoral survey conducted by qualified individuals or groups of individuals for the purpose of determining the probable result of an election by confidentially asking randomly selected voters whom they have voted for. SORIANO PPT: The holding of exit polls and the dissemination of their results through mass media constitute an essential part of the freedoms of speech and of the press. expression. Social Weather Stations (SWS) is an institution conducting surveysin various fields. and (2) the restriction is greater than what is needed to protect governmentinterest because the interest can e protected by narrower restrictions such assubsequent punishment.

p2000 to 60000 + perpetual disqualification to hold public office FILING OF TWO CERTIFICATE OF CANDIDACY GENERAL RULE No person shall be eligible for more than SEC 73 BP 881 one office to be filled in the same election. and if he files his certificate of candidacy for more than one office. WHEN within thirty (30) days after the day of the election. on the balance. he failed to show why.00 FOR EVERY VOTER OTHER P3. he purports to engage in a form of balancing by weighing and balancingthe circumstances to determine whether public interest is served by the regulationof the free enjoyment of the rights. EXCEPTION However. before the expiration of the period for the filing of certificates of candidacy.the other considerations (for example. the person who was 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. true and itemized statement of all contributions and expenditures in connection with the election. LORETO GO V COMELEC ROBBE2014 .Instead.00 INDEPENDENT P5. prevention of last minute pressure on voters)should outweigh the value of freedom of expression CHAVEZ VS COMELEC LIMITATIONS ON EXPENSES SECTION 13 RA 7166 PRESIDENT AN VICE PRESIDENT P10. he shall not be eligible for any of them.13 validity of this section. However. SANCTIONS Shall not enter upon the duties of his office until he has filed the statement of contributions and expenditures herein required. ADMINISTRATIVE LIABILITIES 1st offense.p1000 to 30000 2nd offense.00 FOR EVERY VOTER POLITICAL PARTY P5 FOR EVERY VOTER CURRENTLY REGISTERED IN THE CONSTITUENCY OR CONSTITUENCIES WHERE IT HAS OFFICIAL CANDIDATES STATEMENT OF CONTRIBUTION RA 7166 SEC 14 WHO Every candidate and treasurer of the political party WHAT file in duplicate with the offices of the Commission the full.

m. without the proper proceedings. not later than fifteen days before the election. deny due course to or cancel a certificate of candidacy filed in due form B. LIES WITH THE COMELEC SITTING IN DIVISION WHEN TO FILE ROBBE2014 at any time not later than twenty-five days from the time of the filing of the certificate of candidacy and shall be decided.14 The filing of the affidavit of withdrawal with the election officer of Baybay. 76 of the Omnibus Election Code. Provincial election supervisor. ABCEDE V IMPERIAL Section 37 of the Revised Election Code imposes upon the commission the ministerial duty to receive and acknowledge certificates of candidacy. after due notice and hearing. COMELEC may not.. 1 March 2001 was a substantial compliance with the requirement of the law DUTY OF COMELEC BP881 SEC 76 OFFICERS Commission. after due notice and hearing. . Election registrar or Officer designated by the Commission or Board of election inspectors NATURE shall have the ministerial duty to receive and acknowledge receipt of the certificate of candidacy CIPRIANO V COMELEC august 2004 A. at 12:28 a. the law leaves to the Commission a measure:of discretion on whether to give due course to a particular certificate of candidacy should it find said certificate of candidacy to have been filed not bona fide. Leyte. The petition may be filed at any time not later than twenty-five days from the time of the filing of the certificate of candidacy and shall be decided. This is provided in Sec. JURISDICTION OVER A PETITION TO COMELEC RULE OF PROCEDURE CANCEL A COURT OF CANDIDACY B. DENIAL OR CANCELLATION OF COC PROCEDURE AND GROUND verified petition seeking to deny due SEC 78 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 required under Section 74 hereof is false. the COMELEC has a ministerial duty to receive and acknowledge its receipt. WHERE TO FILE A. When a candidate files his certificate of candidacy. by itself. not later than fifteen days before the election.

Moreover. Political Party or Coalition of political parties registered in COMELEC c. contempt and special proceedings except in accreditation of citizens' arms of the Commission. The Commission Sitting in Divisions. Not related within 4th civil degree of consanguinity or affinity to the . Good reputation 3. Qualified voter of city or municipality 2. special actions. resolution. This is clear from Section 3 of the said Rules thus: "Sec. youth and other similar organizations with prior authority to COMELEC Qualifications ROBBE2014 Entitled to a. resolutions.The Commission shall sit in two (2) Divisions to hear and decide protests or petitions in ordinary actions.[16] It is therefore the COMELEC sitting in Divisions that can hear and decide election cases. special cases. English or of the prevailing local dialect 5. Candidates for Sangguniang Panglalawigan.SB belonging to the same party b. professional. Cases before a Division may only be entertained by the COMELEC en banc when the required number of votes to reach a decision. Civic. order or ruling is not obtained in the Division. SP. not en banc. Never convicted by final judgment of any election protest or any other crime 4. jurisdiction over a petition to cancel a certificate of candidacy lies with the COMELEC sitting in Division. religious. service." LOONG VS COMELEC CHAPTER 7 WATCHERS Entity a. orders or rulings of the COMELEC in Division are resolved by the COMELEC en banc. business. only motions to reconsider decisions. -. Party List a.15 GARVIDA VS SALES . Each Candidate b. 3. 2 watchers b. Duly accredited citizen’s arms of COMELEC c. Knows how to read and write Filipino. provisional remedies. Serve alternately c. In every polling place 1 watcher for every polling place 1.

Chairman of BEI shal affix signature at the back . By a relative. 5. by affinity or consanguinity within the fourth civil degree or c. Before delivering official ballot to the voter b. photograph of the proceedings File protest against any irregularity or violation of law which they believe may have been committed by BEI Furnished with certificate of vote cast for each candidate duly signed and thumb marked by BEI CHAPTER 9 ACTIVITIES DURING THE ELECTION CASTING OF VOTES Illiterate or Disabled BP 881 Sec 196 Requisites Limitation BALLOT Authentication of ballot Sec 24 ra 7166 ROBBE2014 a. 2. Assistor must under oath bind himself in a formal document under oath to fill out the ballot strictly in accordance with the instructions of the voter and not to reveal the contents of the ballot prepared by him. 4. if he has none. That he is an illiterate voter Must be indicated in his registration card Safeguard: res ipsa loquitor Persons with disabilities can be distinguished with naked eye a. chairman or member of BEI in the polling place where he seeks appointment Stay in the polling place Witness the proceedings of the BEI Take note. any member of the board of election inspectors. by any person of his confidence who belong to the same household or d. a. Assistor cannot assist more than three times except member of BEI b. 3.16 Rights and duties 1. Can be assisted b.

shall certify that it contains all the challenges made. The challenged person shall take a prescribed oath before the board of election inspectors that he has not committed any of the acts alleged in the challenge. for using the name of another or suffering from existing disqualification. Member . b. Chairman b. but in case of his refusal to take such oath.17 Failure to authenticate Illustrative cases ILLEGAL VOTER Challenge of Illegal Voter BP881 Sec 199 Other grounds BP 881 SEC 200 Record of challenge and oath BP881 Sec 202 DURING ELECTION BOARD OF ELECTION INSPECTORS Composition ROBBE2014 c. HRET Punzalan vs COMELEC a. Ballot is not deemed spurious b. The original of this record shall be attached to the original copy of the minutes of the voting as provided in the succeeding section. b. Failure to so authenticate shall be noted in the minutes of the board of election inspectors and shall constitute an election offense punishable under 263 and 264 of the Omnibus Election Code. may challenge any person offering to vote for not being registered. the challenge shall be sustained and he shall not be allowed to vote. upon the termination of the voting. c. Any voter. a. the challenge shall be dismissed and the challenged voter shall be allowed to vote. a. Upon the taking of such oath. c. or watcher b. The poll clerk shall keep a prescribed record of challenges and oaths taken in connection therewith and the resolution of the board of election inspectors in each case and. Ballot is valid Libanan vs. a. a.

the poll clerk and the third member shall assume such positions as to provide the watchers and the members of the public as . unless otherwise ordered by the Commission. the board of election inspectors shall publicly count in the polling place the votes cast and ascertain the results b. 25 ROBBE2014 a. a. the chairman. b. Able to speak and write English or the local dialect a. Act as deputies of the Commission in the supervision and control of the election in the polling places wherein they are assigned. Conduct the voting and counting of votes in their respective polling places. Poll clerk Good moral character Registered voter Never convicted of election offense d. Must not be related within the fourth civil degree of election inspectors or candidate to be voted for in the polling place or his spouse b. The board of election inspectors shall not adjourn or postpone or delay the count until it has been fully completed. Perform such other functions prescribed by this Code or by the rules and regulations promulgated by the Commission. to assure the holding of the same in a free.18 Qualification BOARD OF ELECTION Disqualification Powers c. COUNTING OF VOTES Procedure BP 881 Section 206 Manner of Counting RA 7166 Sec. and c. As soon as the voting is finished. b. Must not engage in any partisan poll activity a. c. a. orderly and honest manner.

in case of doubt . outmost liberality must be observed in the reading of ballot in order not to defeat the intention of voter c. of the election return and the tally board being simultaneously accomplished by the poll clerk and the third member respectively.19 b. The table shall be cleared of all unnecessary writing paraphernalia. render in favor of validity RULES ON APPRECIATION OF BALLOTS 1. has a sound similar to the name or surname of a candidate when correctly written shall be counted in his favor 2. an unimpeded view of the ballot being read by the chairman. Idem sonans A name or surname incorrectly written but when it was read. d. Every ballot are presumed valid b. a. without touching any of these election documents. technical rule shall not be permitted to defeat the ballot d. c. unless there is clear and good reason to justify its rejection a. therefore invalid ROBBE2014 . Only the first name or surname is written -vote for such candidate is valid if no candidate has the same first name or surname -if there are two or more candidate having the same first name. extreme caution shall be observed before a ballot is invalidated. APPRECIATION OF BALLOTS GENERAL RULE BP 881 SEC 211 Other basic rule may be conveniently accommodated in the polling place. ascertain and carry into effect the intention of the voter if it could be determined with reasonable certainty b.

"." or suffixes like "Hijo". "Datu". except when they are used as an identifying voter 7. "Segundo" VALID 6. "Hon. Nicknames and appellations or affections and friendship if accompanied by the first name or the surname of the candidate a. the ballot is valid. a ballot bearing only such surname shall be counted in favor of the candidate who is an incumbent. in which case it will be counted in his favor 10. but the votes shall be counted only in favor of the candidates whose names were firstly written by the voter within the spaces provided for said office in the ballot until the authorized number is covered. does not annul such vote b. "Don".Ballots which contain prefixes such as "Sr. chairman of BEI shall c.". "Ginoo". 8. upon completion of election returns b. First name + surname of opponent Ballot in favor of the candidate whose surname is the first name of his opponent 9. "Jr.". "Gob.". In case the candidate is a woman who uses her maiden or married surname or both and there is another candidate with the same surname. 2 or more words are surnames of two or more candidates Ballot cannot be counted in favor of either Except when one of the candidates is an incumbent. "Mr. First name of a candidate is written on the ballot which when read has sound similar to the surname or firstname of a candidate VALID 4. Why do incumbent enjoy this favor? Familiarity ELECTION RETURNS Preparations Result of Elections BP 881 SEC 213 ROBBE2014 BEI shall prepare Simultaneously with the counting of votes a. Two words are written on the ballot one of which is the first name of the candidate and the other is the name of opponent NOT VALID FOR EITHER 5.20 3. If the candidates voted for exceed the number of those to be elected. orally and publicly announce the total number of votes received in the election in .

contain material defects. (c) The election returns were prepared under duress. coercion. or intimidation. 234. or they are obviously manufactured or not authentic. appear to be tampered with or falsified. Certificate of votes a. upon request b. threats. VICE PRESIDENT. signed and thumb marked PREPROCLAMATION CONTROVERSIES Refers to any question pertaining to or affecting the proceedings or 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 of directors with COMELEC or any matter raised Purpose Prevent the nefarious practice known as Grab the proclamation prolong the protest Jurisdiction COMELEC –Exclusive Jurisdiction -no pre-proclamation case allowed for National Position: PRESIDENT. 235 and 236 of this Code. ---file immediately when BOC begun to act as such or at the time of the appointment of the member whose capacity to sit as such is objected to .21 the polling place by each and every one of the candidates. if it comes after the canvassing of the Board. stating their corresponding office. or contain discrepancies in the same returns or in other authentic copies thereof as mentioned in Sections 233. and ---LAGUMBAY V COMELEC 16 SCRA ROBBE2014 . CONGRESS ^ELECTORAL TRIBUNAL * SECTION 15 of RA 7166 Issues which may be raised (a) Illegal composition or proceedings of the board of canvassers. SENATORS. BEI shall issue certificate of votes c. or immediately when the proceedings become illegal (b) The canvassed election returns are incomplete.

Supreme Court:President and Vice president b. Such extraordinary coincidence was quite impossible to believe. vote for all the eight candidates of the Liberal Party.COMELEC: Regional. For it is not likely. with branches in every province. made before or after the proclamation of the winner. as one man. Provincial. mirasol) The following are the grounds for filing an Election Protest: Fraud . in previous years. HRET: Rerpesentatives d. LAGUMBAY Doctrine We opined that the election result to said precincts as reported was utterly improbable and clearly incredible. the party in power in these islands. and was. *Not based on Atty. Senate electoral tribunal:Senate c. knowing that the Nacionalista Party had and has a nationwide organization. the results of which materially affected the standing of the aggrieved candidate or candidates. without giving a single vote to one of the eight candidates of the Nacionalista Party. MTC: Barangay /SK g. in the ordinary course of things.22 175 (d) When substitute or fraudulent returns in controverted polling places were canvassed. that all the electors of one precinct would. is settled whether or not contestant is claiming office in dispute a. DILG:SK (alunan vs.Regional Trial Court: Municipal elective officials f. City elective officials e. Soriano’s lecture *ELECTION CONTEST Jurisdiction PROTEST GROUNDS ROBBE2014 Any matter adversary proceeding by which matters involving title or claim of title to an elective office.

in this case. First. and second. committed before. proceedings will be unnecessarily complicated. the interest which allows a person to intervene in a suit must be in the matter of litigation and of such direct and immediate character that the intervenor will either gain or lose by the effect of the judgment. has overly stressed that it is with the “paramount public interest” in mind that she desires “to pursue the process” commenced by her late husband. We laud her noble intention and her interest to find out the true will of the electorate. FPJ. In such intervention. Mrs. expensive and interminable – and this is not the policy of the law. However. no real parties such as the vicepresidential aspirants in the 2004 elections. For an election protest involves not merely conflicting private aspirations but is imbued with public interest which raises it into a plane over and above ordinary civil actions. Section 1 of the Rules of Court is the applicable rule on intervention in the absence of such a rule in the PET Rules.[17]But herein movant/intervenor.E. It is far more prudent to abide by the existing strict limitations on intervention and substitution under the law and the rules. or to be substituted for the deceased protestant. if persons not real parties in the action could be allowed to intervene. Case no. *ELECTION OFFENSES (BP 881 Section 261) Defense of good faith ROBBE2014 MEMORIZE Good faith is not a defense in election offenses Election offenses are mala prohibita. Yet thus far. In this protest. it is in pursuit of one’s right to a public office. Mrs. during or after the casting and counting of votes If it is the protestant who died. Criminal intent is not necessary . 002. nobility of intention is not the point of reference in determining whether a person may intervene in an election protest.T. 29 March 2005 We are not unaware that a contest before election tribunals has two aspects.23 Death of protestant Terrorism Irregularities. In our view. Rule 19. We fully appreciate counsel’s manifestation that movant/intervenor herself claims she has no interest in assuming the position as she is aware that she cannot succeed to the presidency. have come forward to intervene. Indeed the personal aspect of the case is inextricably linked with the public interest. as a service to the Filipino people. he should be substituted by the public official who would have succeeded him (De Castro vs COMELEC) ***Ronald Allan Poe V Gloria Macapagal Arroyo P. FPJ will not immediately and directly benefit from the outcome should it be determined that the declared president did not truly get the highest number of votes. it is imbued with public interest. She avers that she is “pursuing the process” to determine who truly won the election. or Illegal acts. having no legal right to it.

24 Jurisdiction COMELEC has exclusive jurisdiction to investigate and prosecute cases involving violations of election laws RTC has exclusive original jurisdiction to try and decide any criminal actions or proceedings for violation of election laws bp881 sec 268 Prescription BP 881 Sec 267 ROBBE2014 MTC by way of exception exercises jurisdiction over offenses relating to failure to register or to vote Five years from the date of commission .