5/8/2016 IX.

Election Offenses | The Philippine Online Chronicles

IX. Election O enses

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Tuesday, 27 April 2010 - Last Updated on April 27, 2010

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236. What are considered election o enses?

See Annex 1 for the list of election o enses that may be committed by a (i) voter; (ii) BEI
member; (iii) any person in all three stages before the voting (pre-election), election
(during the voting), and after the voting (post-election).

237. Who are liable for election o enses under the Omnibus Election Code?

The principals, accomplices, and accessories, as de ned in the Revised Penal Code, shall be
criminally liable for election o enses.

If the one responsible is a political party or an entity, the president or head, the o cials and
employees of the same who performed duties connected with the o ense committed and
its members who may be principals, accomplices, or accessories shall be liable, in addition
to the liability of such party or identity.298

238. What are the exemptions to the prohibition on selling, furnishing, o ering, buying,
serving or taking intoxicating liquor on the days xed by law for the registration of voters
in the polling place, or on the day before the election or on election day?299

Hotels and other establishments duly certi ed by the Department of Tourism as tourist-
oriented and habitually in the business of catering to foreign tourists may be exempted for
justi able reasons upon prior authority of the COMELEC. Foreign tourists taking intoxicating
liquor in said authorized hotels or establishments are exempted.

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239. What are the consequences of double registration of a voter?

A registered voter registering anew without ling an application for cancellation of his
previous registration is guilty of an election o ense.300 The rst registration of any voter
subsists but any subsequent registration thereto is void ab initio.301 The mere act of
requesting for cancellation is insu cient, the COMELEC must rst act on the request for
cancellation.302

240. What is the additional penalty to the election o ense of refusal to carry election mail
matter?

Shall refusal shall constitute a ground for cancellation or revocation of certi cate of public
convenience or franchise.

241. What is the additional penalty to the election o ense of discrimination in the sale of
airtime?

Such refusal shall constitute a ground for cancellation or revocation of the franchise.

242. What is the procedure for the investigation of Vote-Buying and Vote-Selling?

A complaint for vote-buying and vote-selling must be presented. The complaint must by
a davits of complaining witnesses attesting to the o er or promise by or of the voters
acceptance of money or other consideration from the relatives, leaders or sympathizers of
a candidate. The COMELEC will then immediately conduct an investigation, directly or
through its duly authorized legal o cers.303

243. Who are liable for the o ense of Vote-Buying and Vote-Selling?

The giver, o eror, and promisor, as well as the solicitor, acceptor, recipient and conspirator
shall be liable as principals.

Any person, otherwise guilty under said paragraphs who voluntary gives information and
willingly testi es on any violation thereof in any o cial investigation or proceeding shall be
exempt from prosecution and punishment from the o enses with reference to which his
information and testimony were given: Provided, further, that nothing herein shall exempt
such person from criminal prosecution for perjury or false testimony.

244. Will the presence of the form or name in the book of voters or certi edlist of voters in
other precincts justify the failure to include the approved application form for registration
of a quali ed voter in the book of voters of a particular precinct that prevents the voter

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from casting his votes as an election o ense? Will the presence of the form or name in the
book of voters or certi ed list of voters in other precincts justify the omission of the name
of a duly registered voter in the certi ed list of voters of the precinct where he is
dulyregistered resulting in his failure to cast his vote during an election, plebiscite,
referendum, initiative and/or recall?304

No to both. The presence of the form or name in the book of voters or certi ed list ofvoters
in precincts other than where he is duly registered shall not be used as an excuse for the
election o enses mentioned.

245. When is there a disputable presumption of conspiracy in VoteBuying and Vote

Selling?

Proof that at least one voter in di erent precincts representing at least twenty percent(20%)
of the total precincts in any municipality, city or province has been o ered, promised or
given money, valuable consideration or other expenditure by a candidates relatives,
leaders and/or sympathizers for the purpose of promoting the election of such candidate,
shall constitute a disputable presumption of a conspiracy.305

246. Is there such a thing as the election o ense of premature campaigning?Where such
proof a ects at least twenty percent (20%) of the precincts of themunicipality, city or
province to which the public o ce aspired for by the favoredcandidate relates, the same
shall constitute a disputable presumption of the involvementof such candidate and of his
principal campaign managers in each of the municipalitiesconcerned, in the conspiracy.

No, a candidate is liable for an election o ense only for acts done during the
campaignperiod, not before. Any election o ense that may be committed by a candidate
under anyelection law cannot be committed before the start of the campaign period. 306

247. When are election o enses considered as electoral sabotage?

Electoral Sabotage
The following acts shall constitute electoral sabotage:307

In the national elective post: tampering, increasing and/or decreasing of votes or refusing to
credit the correct votes or to deduct tampered votes, and the results of the election to said
national o ce shall be adversely a ected.

In other elective posts: tampering, increasing and/or decreasing of votes or refusing to credit
the correct votes or to deduct tampered votes, accomplished in a single election document or
in the transposition of the gures/results from one election document to another and

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involved in the said tampering increase and/or decrease or refusal to credit correct votes or
deduct tampered votes exceed ve thousand (5,000) votes, and that the same adversely
a ects the true results of the election

Any and all other forms or tampering increase/s and/or decrease/s of votes perpetuated or in
cases of refusal to credit the correct votes or deduct the tampered votes, where the total
votes involved exceed ten thousand (10,000) votes.

248. What acts are not considered election o enses?

a. Denial of the Right to be Present and to Counsel During the Canvass;308

b. Entry of the Canvassing Room by security or armed personnel;309

c. Filling a vacancy for councilor during the election ban;310 and

d. Premature campaigning.311

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49. Are the acts considered unlawful by pertinent election laws also necessarilyconsidered
election o enses?

Not necessarily, often times the liability is administrative only. Under Section 2, Article IX-C
of the Constitution, the COMELEC may recommend to the President the imposition
ofdisciplinary action on any o cer or employee the COMELEC has deputized for violation
o ts directive, order or decision. Also, under the Revised Administrative Code, theCOMELEC
may recommend to the proper authority the suspension or removal of anygovernment
o cial or employee found guilty of violation of election laws or failure tocomply with
COMELEC orders or rulings.312

250. Must the deadly weapon be seized from the accused while inside a percent orwithin
100 meters thereof to sustain a conviction for illegally carrying a deadly weaponinside a
precinct?

No, it is enough that he carried the deadly weapon in the polling place or within 100meters
thereof during any of the speci ed period to sustain a conviction for illegallycarrying a

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deadly weapon inside a precinct.313

251. What are the elements of the election o ense transfer or detail of o cers
andemployees in the civil service?

a. The fact of transfer or detail of a public o cer or employee within the electionperiod
as xed by the COMELEC; and

b. The transfer or detail was done without prior approval of the COMELEC
inaccordance with its implementing rules and regulations.

252. Where should complaints on election o enses be led?

The complaint shall be led with the Law Department of the COMELEC; or with the o cesof
the Election Registrars, Provincial Election Supervisors or Regional Election Directors, orthe
State Prosecutor, Provincial Fiscal or City Fiscal. If led with any of the latter three (3)
o cials, investigation thereof may be delegated to any of their assistants.314

253. What body has jurisdiction over election o enses?

The Regional Trial Court has jurisdiction even if the o ense carries with it a penalty
notexceeding six (6) years.315254. Who has the exclusive power to conduct preliminary
investigations of electiono enses?The COMELEC used to have the exclusive power to
conduct preliminary investigations ofelection o enses.316

However,the COMELEC shall, through its duly authorized legal o cers, have the
power,concurrent with the other prosecuting arms of the government, to conduct
preliminaryinvestigation of all election o enses punishable under this Code, and prosecute
thesame.317 Republic Act No. 9369 Section 43 seems to overturn earlier jurisprudence.

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298 Batas Pambansa Blg. 881 (1985), Section 263.

299 Batas Pambansa Blg. 881 (1985), Section 261 (dd) (1).

300 Batas Pambansa Blg. 881 (1985), Section 261 (y) (5).

301 Maruhom v. Comelec, G.R. No. 179430, 27 July 2009 citing Comelec Minute Resolution No. 001513.

302 Maruhom v. Comelec, G.R. No. 179430, 27 July 2009 citing Comelec Minute Resolution No. 001513.

303 Batas Pambansa Blg. 881 (1985), Section 68 or Section 265.

304 Republic Act No. 8189 (1996), Section 45 (h).

305 Batas Pambansa Blg. 881 (1985), Section 261 (b).

306 Penera v. COMELEC, G.R. No. 181613, 25 November 2009; See also Republic Act No. 8436, Section 15, as

amended by Republic Act

No. 9369 (2007), Section 13.

307 COMELEC Resolution No. 8809 (30 March 2010), Section 32.

308 Malinias v. COMELEC, G.R. No. 146943, 4 October 2002 in relation to Republic Act No. 6646, Section 25.

309 Malinias v. COMELEC, G.R. No. 146943, 4 October 2002 in relation to Batas Pambansa Blg. 881, (1985), Section

232.

310 Ong v. HerreraMartinez, G.R. No. 87743, 21 August 1990,The permanent vacancy for councilor exists and its

lling up is governed by

the Local Government Code while the appointment referred to in the election ban provision is covered by the Civil

Service Law.

311 Penera v. COMELEC, G.R. No. 181613, 25 November 2009; See also Republic Act No. 8436 (1997), Section 15, as

amended by Republic

Act No. 9369 (2007), Section 13.

312 Malinias v. COMELEC, G.R. No. 146943, 4 October 2002.

313 Mappalal v. Nunez, A.M. No. RTJ941208, 26 January 1995.

314 COMELEC Rules of Procedure, Rule VI, Section 1; See also Corpus v. Tanodbayan, G.R. No. L62075, 15 April

1987, Kilosbayan v.

COMELEC, G.R. No. 128054, 16 October 1997.

315 COMELEC v. Noynay, G.R. No. 132365, 9 July 1998.

316 People v. Inting, G.R. No. 88919, 25 July 1990.

317 Batas Pambansa Blg. 881 (1985), Section 265, as amended by Republic Act No. 9369 (2007) Section 43.

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