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ELECTION LAW PRE-MID FINAL So what if the interview happens at 4 or 5 oclock in the morning?

So what if the interview happens at 4 or 5 oclock in the morning? There was in urgent news and the personality
you are already interviewing is the Chairman of xxx so that is pertaining to his job. Now how do you distinguish
(Set 1; 0-10mins) if that is really campaigning of that is just part of his job.

Under the present legal structure, we have the Fair Elections Act that governs the conduct of the elections. Fair The ruling of the Supreme Court in the case of Cayetano Do you aggregate? No. That is the prevailing doctrine
Elections Act was enacted pursuant Article 9 which provides that States shall equalize opportunities .. xxx .. to now.
ensure a fair and orderly elections.
Again it is a balance of the right of the public to know and the right of the state to regulate. Remember, the
In line with the law, there are certain restrictions. If a national official would like to advertise, there is a rights provided in the Bill of Rights is a restriction to the state between the conflicting interest of the rights of
limitation to such in radio, television, and newspaper advertising. the public and the right of the state especially if it pertains to right of participation and expression, that should
prevail because remember, in the end, the sovereign right, its the sovereign that has the power. So they should
In the case Diocese of Bacolod:
be given the maximum opportunity to participate in governance. Thats the idea there. Thats the philosophical
Petitioners posted two tarpaulins within a private compound housing of the San Sebastian Cathedral of basis why those candidates may.
Bacolod. Each tarpaulin is approximately six by 10 feet in size. They were posted on the front walls of the
But if you go to philosophy of law, thats the reason because all power emanates from the sovereign people. So
cathedral within public view. The first tarp contains the message IBASURA AND RH LAW, referring to the RH
between the interest of the state to regulate against the right of the public to participate, for which the power
Law of 2012. The second tarp is the subject in this case which contains as heading Conscience Vote and lists
comes from the public, then you go to the public. Thats the unexpressed logic behind that.
candidates as either Team Buhay (Anti-RH), or Team Patay (Pro-RH).

Now in the campaign period as regulated in the Fair Elections Act, there are several restrictions what you
The electoral candidates were identified according to their votes on the adoption of the RH Law.
cannot do during the campaign period.
Issue: Whether or not COMELEC may regulate expressions made by private citizens.
In the campaign period, you cannot anymore transfer officers or you cannot promote because those employees
Ruling: may campaign for the candidates of the government.

No. Respondents cited the Constitution, laws, jurisprudence to support their position that they had the power The logic behind that is to equalize so there are restrictions to movements or promotions.
to regulate the tarpaulin. However the Court held that all of these provisions pertain to candidates and political
There is also a restriction in hiring guards or body guards during the campaign period. There is a ban on carrying
parties. Petitioners are not candidates. Neither do they belong to any political party. Comelec does not have
of fire arms. And there is also a ban on the deployment of body guards who are police officers. Normally it is
the authority to regulate the enjoyment of the preferred right to freedom of expression exercised by a non-
actually terminated. The moment the campaign period starts, all detailed police men to government
candidate in this case.
functionaries and civilians authorized are actually terminated. What they will do is they have to apply to the
In the case of GMA, there was also the issue of aggregating the number of minutes in TV ads, because the comelec because the comelec will take control in the enforcement of laws. So the permit to carry is also
limitation for national candidates is 120 mins per xxx (inadaudible). Previous to that resolution of the Comelec, terminated. You have to apply to comelec to get an exemption.
to the run out of the 2013 elections, the prevailing rule then was 120 per station and aside from changing the
(10 20minutes)
rule, the Comelec aggregate you advertise in five stations (120 in each station).

Permit to carry, you have to apply to get the exception.


There was also a directive for the Comelec and the candidate to inform the Comelec if there are interviews on
public affairs because that will be considered as political campaigning. Other exception:
Non implementation of suspension of administrative cases. (20mins-30mins)

Under the LGC: maybe subjected to administrative investigation. But during the campaign period, automatic What is a block time, buying the stations time, (air time) and then you put somebody there like butngan nimu
that any investigation being initiated shall be suspended or if there is any decision (whether suspension or public affairs thirty mins news, thirty mins public affairs to attack, how do you regulate that? Its very difficult.
removal), it cannot be executed. Reason: to equalize for example I find out that we are the PDP power/ So these are some of the laws that are very difficult to enforce but just take note of the resignation rule. And
Philippine power (di masabtan ang storya sir dri) we can choose the provinces, the cities of which our then ---
candidates are weak and we just ask somebody else to file something and then they will suspend thats how
read section 6.6 of RA 9009
you utilize state power. The exception there is you cannot file the implementation of suspension if arrest is
from anti graft case under the ombudsman act and anti graft law. Reason: it has nothing to do with politics
unlike in an administrative case more or less you can see the color head(di nasad masabtan ang tingog sir dri) Any mass media columnist, commentator, announcer, reporter, on-air correspondent or personality

and its not also, the offended party in a criminal case is actually the rep. of the PH. who is a candidate for any elective public office or is a campaign volunteer for or employed or retained
in any capacity by any candidate or political party shall be deemed resigned, if so required by their
Example: Naay ni file anti graft then nag start ang campaign period and the information was filed to
employer, or shall take a leave of absence from his/her work as such during the campaign period:
the sandiganbayan then the latter issued writ of suspension order serve by the DILG. Mayor filed an action for
Provided, That any media practitioner who is an official of a political party or a member of the
or to enjoin citing that election ban. Was the mayor correct? Answer: No because election ban on non
campaign staff of a candidate or political party shall not use his/her time or space to favor any
suspension or non implementation of suspension order will not apply on 2 cases arising from anti graft or
candidate or political party.
ombudsman act.

Prohibition against release, disbursement or expenditure of public funds.


Alright then right to reply if posting of materials, then it requires size, but the size limitation will not apply
Example: 2016 elections there was massive infrastructure run by the administration. Ang dalan nga nindot
to some individuals, if someone places posters in there private properties a big one, the government
gub.on, ang dan nga bati pasagdan. Was that allowed? Yes up to the time before the start of the campaign
cannot anymore regulate it. Because they have their right of expression.
period except that those contracts already awarded or those already started prior to the start of the campaign
period. Pero kng wa pa gani ma award nya start nang campaign period, di na pwede. What the government shall regulate are the materials from the candidate, thats why there is also a
requirement in the election rules that for the materials that you are going to print, you put there donated
This is to avoid spending money to the campaign except if emergency or maintenance works.
for or printed for then the name of the candidates and the name of the printer, the reason there is to

Construction means apil na ang pag palit or deliver cement, materials even if its not government funds theres avoid abuse because you can just circumvent the expense rule, cause there is a maximum expense P3.00-

still a law. Basta both using private and public funds thats actually prohibited. P5.00 by having someone spend for you.

Prohibition on media personality to use their time, space or air time to campaign or against. If youre a tv So IOW to avoid circumvention of the expense rule, any material must have the quote paid for or

personality, you are supposed to resign depending on the policy of that company. REASON: to equalize, imagine donated to then the printer so thats how we control. Again there is nothing that the COMELEC can do

if youre in the media you have free time. if I will put a sticker in my bumper, in my car or Ill put a big streamer in my house, thats part of my
freedom of expression. Its already resolved in the case of Adiong vs COMELEC regarding the placing of
(ang uban prohibitions wala kaau ge mention pero refer nalang mu sa book, ang ge transcribe nako is kato
stickers in private cars.
rajung ge discuss niya ug dghan)
(30 minutestill end)
What the COMELEC can regulate is the placement of posters in public places, thats why there is a
Sec. 89 Transportation, food and drinks. - It shall be unlawful for any candidate, political party, organization, or any
common poster area, the common poster area are the public places designated by the COMELEC
person to give or accept, free of charge, directly or indirectly, transportation, food or drinks or things of value
normally the Plazas, barangay roads, markets. Thats the only thing they can regulate. But theres a
during the five hours before and after a public meeting, on the day preceding the election, and on the day of the
provision there that the COMELEC can actually disqualify those who violate the common poster area, but
election; or to give or contribute, directly or indirectly, money or things of value for such purpose.
the problem is the enforcement, how do you know nga mao gyud na sila na kandidato puwde man nga
ang kontra maoy mubutang diha sa imung poster, diba? Para ma disqualify ka. And second if you do that, What can you do? Get volunteers, let them distribute it to the voters.
everyone will be disqualified, and everyone will go to the jail,. Hahaha so its difficult but there is a law
What is dangerous is when you use the car of the government because theres an identification and you cant say
actually. Gi attempt nana ug try sauna, what you have to do is first write a letter to the RD and please
that it is a donation because it belongs to the City Government. But if private individuals theres no problem with
explain why you have to disqualify for installing posters in common poster area. Muana dynang abogado,
that.
these posters are not our posters, you just deny hahaha karon lisud2 na i deny kay naan man mga
camera sa mga dalan (cctv), sauna sayun rky I deny. How would you know na kami na? na naa may ngan Sec. 95 Prohibited contributions:
ddto nga friends of kuan. Anybody can go to the headquarters and get campaign posters kay free rman
(a) Public or private financial institutions: Provided, however, That nothing herein shall prevent the making of any
na. Its not easy to pin down but now I do not know. (joke time) so those are the ways.
loan to a candidate or political party by any such public or private financial institutions legally in the business of
Still in the law, and theres a provision under lending money, and that the loan is made in accordance with laws and regulations and in the ordinary course of
business;
Sec. 10. Right to Reply. - All registered parties and bona fide candidates shall have the right to reply to
charges published against them. The reply shall be given publicity by the newspaper, television and/or (b) Natural and juridical persons operating a public utility or in possession of or exploiting any natural resources
radio station which first printed or aired the charges with the same prominence or in the same page or of the nation;
section or in the same time slot as the first statement
(c) Natural and juridical persons who hold contracts or sub-contracts to supply the government or any of its
This has been,.. I hear media complaining and even candidates from.. Thats already part of the law,
divisions, subdivisions or instrumentalities, with goods or services or to perform construction or other works;
thats actually enshrined in our law. The problem with this, the editors does not agree with same
prominence same page same slot because news come day by day, karon gi birahan nimu ang kontra the
(d) Natural and juridical persons who have been granted franchises, incentives, exemptions, allocations or similar
next day ang news nay tao nilayat ddto sa mactan bridge. That is editorial discretion, what would be the
privileges or concessions by the government or any of its divisions, subdivisions or instrumentalities, including
prominence. There is a conflict between editorial prerogative and independence and state law.
government-owned or controlled corporations;

Service has been questioned as unconstitutional. The supreme court said it is constitutional to do service
as long as the methodology, the number of respondents are disclosed (e) Natural and juridical persons who, within one year prior to the date of the election, have been granted loans
or other accommodations in excess of P100,000 by the government or any of its divisions, subdivisions or
instrumentalities including government-owned or controlled corporations;

(f) Educational institutions which have received grants of public funds amounting to no less than P100,000.00; (g)
Officials or employees in the Civil Service, or members of the Armed Forces of the Philippines; and
(h) Foreigners and foreign corporations. Sec. 100 and 101 Limitations upon expenses of political parties and candidates.

Limitation on expenses:
It shall be unlawful for any person to solicit or receive any contribution from any of the persons or entities
enumerated herein. 1. Candidates
a. President and V-Pres P10 per voter
Reason: Abuse. Acceptances of these donations are prohibited in order to avoid abuse.
b. Other candidates P3 per voter in his constituency
Example: c. Candidate without political party P5 per voter
2. Political Party P5 per voter in the constituency where it has candidates.
1. X a treasurer helps Y an applicant for franchise in exchange for the donation.

2. Prisoners as witnesses against Delima, you cannot expect a prisoner to tell the truth. It means he has
Note: You are required to submit to COMELEC after election within 30 days the list of your contributors and list of
something to ask to the government like pardon. Likewise you cannot expect companies to be fair if they are not
expenditures and what you can legally spend.
receiving something from the government.

Sec. 102 Lawful expenditures.


Thus, to avoid these incidences they are not allowed.

(a) For travelling expenses of the candidates and campaign personnel in the course of the campaign and for
Note: One of the main causes of corruption is the fund raising for the campaign.
personal expenses incident thereto;
Example: X a businessman wants to apply for allocation in the port, so he donates to Y a winning candidate an
(b) For compensation of campaigners, clerks, stenographers, messengers, and other persons actually employed
amount of 1million and when Y won he cant say no to X.
in the campaign;
In US, they collect from private individuals can contribute to the fund raising of the candidates.
(c) For telegraph and telephone tolls, postage, freight and express delivery charges;
However its limited around $2900(not sure) and cannot exceed.

(d) For stationery, printing and distribution of printed matters relative to candidacy;

True name of contributors and Report of contributions. You need to disclose the donor, the amount donated. (e) For employment of watchers at the polls;
(You need to advice your client on this)
(f) For rent, maintenance and furnishing of campaign headquarters, office or place of meetings;
If you donate and your name appears there because its supposed to be acknowledged by the
(g) For political meetings and rallies and the use of sound systems, lights and decorations during said meetings
Commissioner, theyre names and amount will be declared if imo jud ipa disclose. The COMELEC or if
and rallies;
makontra ka sa Government may look into your financial status.
o Example: X donated 5milion but when his financial status was checked his only income is (h) For newspaper, radio, television and other public advertisements;
10,000. Its here that it becomes questionable.
(i) For employment of counsel, the cost of which shall not be taken into account in determining the amount of
Note: Always be careful because the government can always abuse. They will know the contributors.
expenses which a candidate or political party may have incurred under Section 100 and 101 hereof;
Example: Ahh! Mao diay ni contributor sakong kontra ipa gukod ko ni sa BIR be.
(j) For copying and classifying list of voters, investigating and challenging the right to vote of persons registered in For example, Brgy. X, if nay 10K Voters, it will be divided sa usa ka barangay ang 10K, mu-fila kag 200,
the lists the costs of which shall not be taken into account in determining the amount of expenses which a unya average. Its grouping of 200 is what is known as PRECINCT.
candidate or political party may have incurred under Sections 100 and 101 hereof; or Thats why you have Precinct 1, 2, 3, several precincts, not more than 200, nay uban 150 etc.
*Sauna, kanang usa ka precinct, usa ka BEI (Board Election Inspector) which composed of:
(k) For printing sample ballots in such color, size and maximum number as may be authorized by the Commission
Chairman;
and the cost of such printing shall not be taken into account in determining the amount of expenses which a
Poll Clerk; and
candidate or political party may have incurred under Sections 100 and 101 hereof.
3rd Member

Question: Are the losing candidates required to submit? YES. The law did not distinguish, it says any candidate. It All of them are preferably public school teachers. BUT saunang panahon, katung individual pa ag precincts

did not say winning candidate it says any candidate. jud, ang mga 3rd members kay kuwang ang maestro are actually from government employees kanang from
career service (di sad pwede g.o.). Mao ni sila. Now, we are Automated and its very expensive to acquire
Example: Ejercito governor of Laguna had advertised campaign on tv. Then it was founded that his contract alone machines for each of the precincts, what they do is that they CLUSTER.
with ABS-CBN already exceeds the limitation, legal expenditures was not yet included in the counting. Exceeds So, up to 5 precincts, and not more than 1K voters.
the limitation. Dismiss because that is part of the law. So, butang ta lang ug 5 ni kabuok, mao nay ginganlan ug CLUSTER PRECINCTS.
Cluster Precinct has 1 VCM (Voter Counting Machine).
But ang lista sa kada precinct nga naa ani nga Cluster Precinct will not be altered. Dili sila i-combine. Ang
(set2; 0-10 minutes)
ibutang sa gawas kay tagsa2x gihapon ka ngan sa kada-precinct. They are just sharing 1 room and 1
machine, and since 1 machine and room man, usa ra pud ka-set na BEI, di pwede 5 sets na BEI, 1 nalang.
So, lets have a VISUAL SET-UP on:
Thats why karon, puros najud na sila school teachers. Gamay2x nalang ang BEI kay imo naman gi-share
Election Day
ang mga precincts.
What is BEI?
The place where the voters in a precinct will vote is called the POLLING PLACE.
What is Polling Place?
So, the Polling Place is not the room. The Polling Place is the whole place, meaning the School.
What is Statement of Votes?
School is the Polling Place. You do not call the Precinct as the Polling Place, its actually the
School, the houses, the room where the voters will vote.
So, if this is COMELEC for example, then we have the Regional Director, After sa mga regional, naay
provincial, mga city. Thats how its being set-up.
So, what will happen in the Precincts here.
There will be:
We go for example sa province of Cebu, under that, there is Provincial Election Officer (PEO).
Casting of votes, meaning the Voting, the counting is done here;
After that kay for example, Talisay and Liloan. Katung sa earlier nato na discussion, naay ERB (Election
The Transmission; and
Registration Board). Kani siya, para rani siya sa Registration. Inig Election Day, wala nani silay gamit. Ang
The Posting of Results.
magamit nasad ani, anhi natas ubos, ang BEI and Canvassing.

I will give a background first on the Manual so that you will understand how it will evolve into
So, for example, if you have Talisay City, you have an Election Officer (EO) here. Of course, Talisay has
proclamation.
several barangays.
Actually, pareha ra man gihapon na, gamay ra ug difference.
So, what will happen in the room, kaning casting of votes, mana ug vote ang voters, niya ip-hon manually sa man silay pakialam. So, kung akoy maestra nya bayran ko, mubasa sad ko sa akong gusto. Thats how
maestro. cheating is done on a national scale. You just select certain provinces, then you pay according to the
So, the counting is done manually, kuhaon ang ballot, then basahon. agreement because you will have the chance to check because its not being done to the brgy and
Im telling you this so that you would appreciate why there is a need. So, kuha ka ug usa ka official ballot, municipal. Mao na ang the more hands na mukupot, the more opportunities for cheating. Katu, actual
then you go somewhere, then you ask a voter na imong supporter na magdala siya ug official ballot, jud tu na nahitabo even in Canvassing because the Canvassing Committee kay basahon man gihapon na,
mangayo siya ug ballot diri, mu-line siya, mangayo sad siya ug official ballot sad, so, adto siya sa booth, ang Election return ablihan gikan sa brgy, dad-on ang Election return then ablihan nya ihatag na didto sa
ihatag tu niya ang 1 of the 2 Official Ballots, katu sang Ballot Official na iyang gidala, nana man tuy list daan, mga Committees kay daghan man.
gi-fill-upan naman tu, so, he ends up with 2 official ballots, both filled up. Ang iyang ireturn kay katung
ballot na gifillupan na didto daan, then he brings outside the other ballot. SO, mao na sad tuy dad-on sa So, ig basa didto, kanang election return gikan sa brgy, itransmit or ibalhin na didto ug SOV (Statement of
next voter, kuha na sad siya ug laing ballot, fill-up na sad siya didto.) Votes), bale basahon na ang result sa brgy, ang RESULT ra, dili na ip-hon.

Q: What does that mean?


(10-20 minutes)
A: Every ballot is filled up and straight. Thats how are things being done in the past.
Basahon ang result sa brgy. Ig basa pwede balihon kung walay moanswer example si x-50 niya kang y 100, ang
*Now, lisod na kaayo kay every ballot is customized by the machine. Di man na dawaton if di na sya mao ka x 100 , y 50. Igbasa niya mao say mogawas sa statement of polls bali na, wala may makareklamo kay wala
theoretically. Kay supposedly, naa man nay control number ang ballot. When you give that ballot to the may nianswer.
voter, naa man nay control number. So, inig return ana, kung tinarong jud, tan-awon pud sa maestro ang
control number. If part siya sa conspiracy, she will not anymore look at the control number or wa sad siya Other issue which is degrading sa maestra kanang mokuha sila ug ballot unya ang poll clerk mao na siya ang naa

naminaw sa lecture, wa sad siya nitan-aw. So, cheating can be done. sa gawas, naa siyay dako na election return then kanang turn over mao na katong naa sa board. Basahon sa
chairman ex. lacson check, dungan dayon ug ihap ang poll clerk ug maestra. Pero ang tan awon sa mga taw

There are many ways of cheating like kanang mubasa ang maestro, imbis ang watcher mutan-aw dinha, katong blackboard pero wala sila kabaw ang girecord imbes lacson, aquino na nuon kay wala may

tan-aw rapuds maestro, wa kahibaw unsay gibasa, dba. moanswer .


Imbis ang iyang candidate ang naa sa ballot, lain ang basahon, because we do not know.
Or sakto ang pagrecord pero dagdag-bawas ex.Lacson (murag nagdrawing si sir ani sa board, wa koy idea
kay absent ko :d )
Supposedly, the watchers are at the back. If nagbasa dinha, but nagtan-aw raka sa board, unsa may
kalibutan ninyo if mao nay gibasa. Labi na kung kadlawn na, maestra nalang mabilin na. Niya kapoyan na ang mga watchers, aw patuyang nalang.
What will happened ang ibutang kay figures nalang, so obviously mao na ni ang election returns. Tagaan mo ug
It really happened. I am a witness of that. 2 elections I have travelled in canvassing, adto sa munisipyo. So, 8 copies, ang 1 ibutang sa ballot box, ang 1 ihatag sa comelec para canvasson, 1 senate president,1 (dili mklaro),
ig abli sa election return sa brgy, ablihan man na sa munisipyo, basahon man gihapon na. Niya, kanang mga 1 comelec national, 1 majority party, 1 minority party.
senators, party-lists, wa man nay watchers. They dont have the money to do that. They will have to rely on
Same lang karon napun an lang 38. Mag ilog kung kinsa ang majority party kay tagaan man sila ug copy sa
their parties. SO, ang naay watchers ana kay ang local ra jud, mayor, gobernador, etc.
election return, naay basis sa pag object. Pero kung dili ka official majority party, pwede man gihapon tagaan

Duha man na ka-klase na Returns. So, ig basa sa local, daghan kaayong watcher muduol labi na if sikit ang man ka ug certificate of vote from the election, pa signan lang nimo sa bei.

laban, so, daghan mutan-aw didto. Inig human nag basa sa local, national na, lingkod sad ang watcher, wa
Kung dili mosign ang bei, election offense na. Each candidate entitled for certificate of vote. So, what will So that is the objection, when you say pre proclamation controversy, THEY ARE ATTACKING THE AUTHENTICITY
happened? I-seal, sud sa envelope ang election return, dal on sa munisipyo, katong inyo objection didto sa OF THE ELECTION RETURN.
accusation of ballot, adto na sa room basahon,ang mga rules sa election sa manual (pagdala ? ): intent, respect
Why it is not authentic? It is not prepared,not true or g ilisan, g-falsify or pag transmit g-ilisan, or it is really a
the intent of the voter,and as much as possible allowed the voter to vote.
spurious election return for example there is no election in barangay X but there is an election in Brgy X, so it is
Mao bitaw dili na kailangan magdala ug id except if his identity is challenged sa saunang panahon. Pero sa karon obvious. So that is the ground in pre proclamation controversy.
kay dili na kay tungod sa biometrics.the reason why you allowed the voter to vote, because it the highest right.
Because you doubt that this election return is not genuine, what do you do? ipa EXCLUDE, dili nimo ipa apil ug
Respect the intent of the voter to express. Rule like sounds like (niboro doctrine rule?) For example: kandidato ihap. Thats why you need to have a copy(of the ER?), that is where the 8 copies will matter because you,the
ka sa pagka vice mayor malig on, niya gibutang imong ngan didto sa first councilor, counted gihapon siya kung candidate, are supposed to have an advanced copy.
wala nay lain malig on.
If you dont have a copy of the ER, you can ask for a CERTIFICATE OF VOTES. If the certificate of votes is not the
2 ka malig-on na candidate walay incumbent. Ang completong pangan kay gonzalo malig-on unya ang isa same with the ER then you object. BUT the certificate of votes CANNOT be used for canvassing, it can ONLY be
kay nelson gibutangan lang ug malig-on, gibutang siya sa slate sa lp, iya mga kauban sa lp. So asa man nimo used to prove that something went wrong or there is fraud. It is always the ER which is the final copy .
icount si nelson or gonzalo, didto siya icount sa iyang line up.
Now, if you object to the inclusion of the return( ky imo kontra ganahan ipa include) and you want it to be
The (niboro doctrine) will not apply in case of barangay slate because there is no partisan because there is no excluded, you have 24 hours to prove and submit evidence. After 24 hours, the other party is also given 24
political party. Those doctrines are based in the intent of the voter. Unless it is a stray ballot, stray gud siya hours to be heard. After that ,the canvassing board will rule whether to exclude or not.
regardless of the intent.
If it is excluded, set aside.
In canvassing: pre proclamation concept will come in.
(ingon si sir, inig object nimo, e set aside na ang ER daan ky naa pamay 48 hours(24 sa imoha ug 24 sa opposing
Ig abot sa munisipyo, ablihan ang election return ipakita sa (mamsies?), ang objections sa pre-proclamation party) so ma hold usa ang ER.
aside sa composition sa board ug proceedings mao nay illegal proceedings sa board. Pero ang heart sa pre-
Is there a remedy? APPEAL to the Comelec. Notify the board that there is an appeal to the ruling of exclusion.
proclamation controversy during sa time sa manual are preparation, transmittal, delivery, custody sa election
returns. If there is a pending appeal to the Comelec, the Board CANNOT proclaim(if material ang results) UNLESS there is
a clearance from the Comelec.UNLESS the results will not be any more affected by those appeal.
Binoang ang preparations, ex. Ang election return kay dapat naay mo proof, naay legitimate na election return
giilisan upon transit, so in order to determine the election return, the law should check which is the fake or EXAMPLE, leading with 10,000 votes unya ang nabilin ky 5000 votes nlng. So tell the Board based on
original election return. statistics.CHUVA2X DLI NA AFFECTED(dli nako ma klaro ang g-sulti dri na part).

(20-30 minutes) IF up to June 30 there is still no resolution from the Comelec, the appeal is considered dismissed and the
ruling of the Board is sustained or affirmed.
So when you open the election return, the lawyer has to determine whether this is a fake or a genuine election
return. Is there a remedy? YES. FILE AN ELECTION PROTEST AFTER PROCLAMATION.

How do you know that? It is difficult because it looks the same. So, there is still a remedy, its just that somebody has to be proclaimed. Lain sad kaayo walay mayor, somebody
has to assume but there is a remedy of an election protest AFTER proclamation.
So that is pre proclamation controversy, there are actually other grounds but the heart of that controversy is How do you know?
the AUTHENTICITY of the election returns nga dili nimo ipa apil ug ihap.
Imo itally unya sa mga senator na dugay na nahuman, usbon nasad nila didto sa ilang senators. Kay remember ,
NOW, if somebody is already proclaimed the COMELEC loses jurisdiction UNLESS you file a petition to annul the if it has the signatures of the canvassers, ig abot nimo sa Congress ana ig open didto dili sila kahibaw ug binuang
proclamation because of erroneous proclamation like a void proclamation(Codilla case) or mere ba na or dili, they just rely on the document transmitted to them, thats why there is an amendment to the law,
mathematical/arithmetic error(Castromayor case). sauna ang rule unta is dili man ka pre proclamations basta national candidate. Pwede saka mag pre
proclamations sa local so unsay mahitabo ana? Tan.aw nimo nga sayop ang senator di jud ka pwede mucheck
In canvassing, there is no need to recount the ballot and no need for appreciation because appreciation is done
inig abot pud sa certificate of canvass sa Congress ug sa Comelec sauna dili nasad sila mutan.aw beyond the
in the precint(sa precint ang mga objections). What is done in the canvassing is to look at the results.(so
canvass itself. They just take the word with. Pero the law has been amended because of the dagdag bawas
nakalusot nato ang imong binuang sa precint HAHA)
concept na pwede na iusab, so pwede na sila mutan.aw beyond the certificate of canvass, ila itally didto sa
So it will transmitted to the SOV(statement of votes) and after all the election returns are canvassed, then the statement of votes. They can do that if dili magmatch ang resulta then they can correct. Mao nay gitawag na
Board will make a certificate of canvass. After the Cert of Canvass, the Board will make a Certificate of MANIFEST ERROR.
Proclamation.
Nganung manifest man? Kay wala nakay iadd or usbon, imo lang iphon usab. For positions of President, vice and
(bali ang Cert of Procl is based on the Cert of Canvass, and the latter is based on the Statement of Votes and the senators pwede na, in effect dunay semi pre proclamations but ang pre proclamations is only to the certificate
basis of the latter are the election returns open IN THE LOCAL) of canvass dili napud to usbon and ihap sa election return , wala na, dili nana pwede.

Note: election votes are counted, election returns are canvassed If you allow a pre proclamation controversy of congress kanus.a pa kaha na mahuman? Walay president na
proclaim . But now it has been amended, kung naay serious objections, tan awon nila ang statement of votes
In the Province, the certificate of Canvass will be forwarded to their Capitol unya didto iphon tanan ug canvass?.
but not the returns. It remains the same there is no pre proclamation. So the rule is this, there is no pre
In the National like president, V-president, senators, party-list etc, maghimo nasad sila ug Certificate of Canvass proclamations for national candidates except to question the authenticity of certificate of canvass as compared
ang Province ug highly organized cities, e transmit sa Manila ang canvass result to the Comelec for Senators/ to kung naay mga erasures, naay manifest error.
party list and to the Senate president for the President and the Vice president.
What is the role of canvassing board? It is ministerial the proceedings is summary sa wala nay full blown trial
Gets? Ang CERTIFICATE OF CANVASS nalang, wala na ang election return ug ang ballot box. What the senate submit kag evidence, 24 hours rebut, pila ray pag rebut2 based ra sa evidence. Now, can you go beyond the
president will receive is the CANVASS from Cebu or from other places AND NOT ANY MORE FROM THE election the face of the election return.? No, appreciation is not a ground in the pre proclamations except if it is
MUNICIPALITY. statistically probable, na tanan votes naa ra sa pikas unya zero, thats claim, in that case pwede naka maopen
beyond sa election return. Other than statistical probability any issues or what is beyond this document is not
THERE IS NO PRE PROCLAMATION FOR NATIONAL CANDIDATES EXCEPT TO QUESTION THE AUTHENTICITY OF
allowed \. That is the essence of pre proclamations controversy.
THE CERTIFICATE OF CANVASS, as compared to manifest error .
So karun, automated na wala nay participation. Automatic na ang counting it will give you the results then it will
(30 40 minutes)
print 8 copies initially of election return. After the 8 copies submitted one is posted outside for the public then
Ang mudaog didto sa Maguindanao si mayor kuwan, na iyang tabangon nasad kay ang national and senator, there is a command to transmit . The difference is sauna sa manual, the election return turn-out ipasa pasa pa
mao bitaw ng dagdag bawas na concept mao to si Pimentel he was able to prove nga giusab jud ang mga pila ka days mao na dugay pa magsugod. But now wala na. The movement it is transmitted to all servers via
results. machine so maka receive tanan. Mao na mahibaw.an dayon kinsa ang mudaog.
The availability of the source code for inspection is another measure. It is the program or the brain of the
system. How the computer is developed, how it will execute the commands are all based on the source code.
Set 2, 40mins till end There are certain periods when Comelec will allow parties to check the source code.

The controversy surrounding the VP race is based on the unauthorized tweaking of the source code. Although
In the municipality, for instance, there is a consolidated canvassing server (CCS). The CCS will be receiving
Comelec said that the tweak was not serious because it was only to enable the machines to recognize a letter.
transmission from every precinct. The results will pop up there, and the machine will start counting. After the But, we have the protest.
results are generated, winners will be proclaimed in the municipality. Then the canvassing results will be
In fine, automation is better because there will be less opportunity to cheat. It takes less time to wait for the
transmitted to the capitols server. results, thus, avoiding expense in feeding your supporters or chaos given the emotionally agitated state of
supporters while waiting for the results.
Now, is there still a need for manual counting? Technically, there isnt. There is only a need for manual
transmission if theres failure to transmit to the CCS. The transmission, though manual, will not be done through Student: Sir, how about in the barangay?
the submission of a scrap of paper to the board. The BEI will bring the CF card or usb to the board and insert it Atty. M: Barangay elections will be conducted manually. But there are no more pre-proclamation objections in
to the machine. The copy will still be in digital form. Election Returns are still available, but they will not be used the barangay level. After the counting, winners will be proclaimed immediately. The results will not be sent to
for canvassing. Later on, you may use them if you file an election protest. The canvass results will be the municipal level. But rules on appreciation of the ballot will still apply. You just really have to be attentive. Be
transmitted electronically to capitol. very vigilant when the teacher reads the result, for instance. You really have to train your watchers.
Is there still a ground for objection during canvassing? Yes. Illegal composition of the board or illegal Voters cannot take pictures where they will cast their votes. This is to avoid vote buying. Watchers may take
proceedings of the board may still be grounds for objections. But matters as to preparation, transmittal, pictures inside the voting station, but they cannot take pictures of the ballot. Barangay tanods, officials, afp,
custody of the ballots are not anymore grounds because they are all taken care of by the machine. No election pnp cannot get in the voting station, unless theyre voting of course. Only Comelec and the voters are allowed
returns are canvassed. What if the machine is hacked or tampered with? Well, you file an election protest. to get in where people cast their votes.
What is the functional equivalent rule? The photograph or digital copy of the ballot is a functional equivalent of Are there instances where elections may fail? Yes. Hence, there is a contingency plan for that.
the ballot. If the ballot itself is tampered, under the functional equivalent rule, the digital copy may be used as
evidence to ascertain the number of votes. Will this run counter to the best evidence rule? No. The ballot is still Is there a technology required by law? Only suitable technology is required, not necessarily the latest one. An
the best evidence. This is only an additional to the best evidence rule. If the ballot is tampered, then you look at advisory council will decide on the matter. In some us states, they use audio to verify their votes. Here, we have
the digital copy. If the ballot is not anymore available because upon delivery it was thrown over Bohol, then you receipts to verify our votes.
look at the digital copy.

Student: What if the usb gets lost during canvassing? Say, theres failure to transmit. But, during delivery of the
usb, it gets lost.

We cant do anything about it. But if votes were transmitted, although the transmission was not 100%, you
(Set3 0 10 minutes)
apply the threshold rule. Comelec will set a threshold. For instance, if 97% of the data was transmitted, the
remaining will not anymore be needed. The 97% will be enough for proclamation.

Now, what other safety or security measures exist in automated elections? Random manual audit and your
receipt. After your ballot is fed into the machine, you will get to see the people you voted for through the After the transmition the BI will print additional 30 then to national parties copy, local party(dle ko sure kai dle
receipt. Initially, Comelec said that it was a waste of time. But SC insisted that there be a receipt even if took ma klaro 0:10 ) 0:20 the spirit of transpiracy kai sa una minority party ug majority party raman karon wla
time because its a right of a voter to protection. Another safety measure is the random manual audit. An
independent survey team will manually count the ballots as against the electronically generated results. This naman ka ayoi problema kai gamai naman lang ka ayoy papel 0:30
will be random. So not all will be counted. And if the error is just less than 1%, the team will declare the
machine as functioning well. So theres a threshold error. Ideally, there shouldnt be any error because the 00:45 There is also the on the postponement of election and failure of election.
machine counted the votes. But here a less than 1% error is allowed. So far the team has not yet reported any
machine whose error went beyond the threshold. Postponement of election is where you not proceed with the election for reasons of force major or violence
Example: maglinog(earthquake) or violence example sunogon ang classroom, or paraphernalia were lost on So kung na prevent ang holding you cannot have, there is what is known failure of election kay wla manay
transit kai g bombahan sa Maute group ang convoy so pwede ma postpone. election kay na hold man so mao nang failure to elect,

postponement it can be done by: why is there a failure to elect because Unsa mai election return nga inyong e report nga wala mai election.

COMELEC motu propio, not by COMELEC officer but the COMELEC en banc kai kung officer ra pwede rato
ma bayran kai e pa postpone niya kai pildihunon he needs more time(na a patoi g yawyaw si sir wla na
Lahi tong postponement of election kay wlay election nga ma hold freely because of this reasons, kani wla na
anko g apil) or pwede pud.
hold ang election na fail or na prevent siya or na suspend siya that resulted to the failure to elect or the grounds

Petition affected the results of election.

so what will happen there will be no election on that day and another election will be set. Example:

Katong nga eskwelahan nangawala ang election returns kai g lungkab sa secretary nidaganang so ma apektohan
ang election.,
Ang Failure of Election na a gyoi election suppossedly ma held on that day but na fail
pero katong manga mere allegation nga na ai vote buying, na ai mga military ning sulod sa room or na a ay
Unsa mai pasabot sa ning FAIL? There was force majeur, voilence, or fraud
manga tikas that is not a ground to declare failure of election, it should be a ground that prevents the holding or
suspended the holding of election and that resulted to the failure to elect or seriously affected the result of the
election
FRAUD - it should be a fraud that prevented the voting of the election.
(Dle nako ma klaro dering dapita kung unsa ning 50 percent) In fact in the book at least 50 percent vote cast na
Example:
affectahan but it is not 50 percent dapat nga na affectahan because pwede man nga 30 percent ra ang na abot

mo kalit lang ug announce ang comelec nga ugma mag sugod ang atong election alas 4 sa hapon kai wla pa na that is still valid because morality votes man ta(dle ko sure ani kai dle ko ka klaro sa tingog ni sir) dle man

abot ang makina ang tinuod naa na d ai, aron ra gamai ang maka butar Or e transfer nato ang canvacing gkan sa kinahang lang nga 50 percent gyud ang ma cast sa votes. Ang pasabot lang anang is 50 percent of votes casted

SB office didto sa Muncipyo didto sa Complex nya wla d ai, naa ra d ai ghapon didto sa Muncipyo and everybody ang na apektahan.

are holding in the Complex so this are the fraud nga akong pasabot.
Example:

ang ning botar kai 50,000 niya 25,000 dle na nimo ma determine because sa binoang nga nahitabo or because

So its a kind of fraud that prevents the holding of election. of the grounds pwede naka maka petition sa failure of election.

What is the difference this time it cannot be done by the COMELEC motu propio there should be a petition
ngano man it is very unfair kai pwede mana binuangang sa states dba kung mapildi ang ilang kandidato nya ela
And another analogous circumstances ang key words ra nimo, na suspend ang election, wla madayon o wla
nalang tawag ang chairman sa COMELEC e pa failure of election nalang dba unfair na ka ayo naka gasto na bya
matiwas ka na ai sunog or linog pag ka udto dhang dapita, o na ai bagyo nga dha rapong dapita. So it suspend
so there must be proof nga ning arise tong grounds that resulted to this mao nang dapat na ai petition.
the holding of the election or prevent the holding of the election.
After there is appropreate failure as I said (dle ko sure ani kai dle nako ma klaro 7:18) as a general rule is that (10-20 minutes)
adto lang ka sa electoral tribunal unless mo kuan ka ug petitionon to annul.

What happen to your pre-proclamation controversy that is pending when somebody is proclaim? dismiss CANVASSING
considered as moot and academic responsible for the election returns and proclamation.

What are the post election remedies?


COMELEC is the canvassing
It could be election contest, or it could be criminal action for senators and partylist

Election contest can be election protest and can be qou warrantum(dle ko ka klaro 7:59),
CONGRESS is the canvassing
for president and vice-president.

unsay deperensya:
PROVINCIAL ELECTION BOARD-
ang ground sa election contest is ang conduct sa election ang katong tanang binuang sa election prior to, during election officers, vice Chairman, treasurers Etc.
and after,(vote buying, ang machine dle mo ihap or subra mo ihap, etc )

After they're done with their jobs and there was proclamation
Qou warranto ang grounds is only illegibility ug disloyalty to the republic
COURTS AND ELECTORAL TRIBUNAL (MTC,RTC, HRET, SET, PET) has jurisdiction.

how many days (inaudible)


Second distinction is who can file:
president and vice- 30 days
In electoral protest only the candidate to that position, dle pwede anybody o because it takes time to make an election protest.

where as ang qou warranto any registered voter or party within the constitute
the usual strategy in my experience is that unsaon paglangan:
Third difference is consequence of the protest or qou warranto.

filin nimo ang kandidato ug protest filin pod ka niya ug protest... why?? aron malangan.
If the petitioner or contestant is able to prove nga siya ang naka daog after the recount he can set in the
position, he can take over the position, thats why kinahanglan nga candidato to that position.
example: filin kag 1000 precincts filin pod nimo ug 200 precincts. why?? after counting the 200,
Qou warranto since it was an ordinary voter even if you prove nga disqualified siya because dle siya qualified ipahihap nasab balik akong 200 inig count na sa akong 200 election na sunod. (just to delay the
dle ghapon ka kalingkod even you are a candidate unya ikaw ang n file sa qou warranto dle ghapon ka proceedings)
kalingkod, what will happen succession applies or special election. because of this theres a jurisprudence to execute any pending appeal.

Now if there is a proclamation where can you file electoral contest katong electoral tribunal nga g discuss pag
sugod MTC, RTC , HRET, SET.
example: you are proclaimed winner by the MTC, while it is appealed in COMELEC, you can file motion for Miriam Santiago she ran for president 1992, PILDI SYA, she filed protest and was pending, then in
execution (court). (you can ask the court and the court will determine if the vote gap is high, or there is 1995 she ran for senator post and nag number 1. so,
enough time remaining for them to resolve) what happened to her permit protest?
if dako ba kaau ug lead obiously if 5 votes ra ang deperensya maglisod gyud ang court. if SC dismissed it, because she assumed other position that can be considered as
taas2 pa ang time before election and lead ug 20,000 votes makaresolve pa ang COMELEC. abandonment

In Camotes, RTC proclaimed X as a municipal mayor, Y appealed COMELEC, in the mean time X filed a motion to Take Note: WHEN THERE IS ACCEPTANCE FROM ANOTHER OFFICE THAT WOULD RESULT ABANDONMENT.
execute judgement (granted by the court), then Y obtained a judgement for injunction. so duha ang mayor
(east/west wing) Execution of pending appeal
lisod kaayo to, wa sweldo, wa kaayo trabaho, kay maglisod man ang treasurer kinsa iya Qou warranto
papirmahon.. Criminal Proceeding
nalng if wala ka kwarta and wala ka offenses.
RULE OF LAW
ELECTION OFFENSES
If theres already a judgement for execution but has not yet executed, and then theres a judgement for (go over the book-- bitaw taas kaau---SIR MAY ASK 5-10 Election offenses)
injunction.
It will be injunct Where to file if for the purposes of criminal investigation?
COMELEC
If judgement for execution has been executed prior to the injunction. If there's probable cause where to file?
Execution will prevail RTC
injunction will become moot and academic o except failure to register vote--MTC

XXxXXXxXX this is a law as a result dagdag-bawas sa certificate of canvass


What happens when the candidate dies, may the contest be dissolve?
not automatically, because it its imbued with public interest. 3 WAYS (ELECTORAL SABOTAGE)
1. legislative vote
Who will substitute the contestant? 2. in national election, the loser becomes the winner
The next person who will succeed him. In the case of FPJ supposedly Loren Legarda (Vice Presidential 3. when there is alteration of the vote, vote shading, where 5 thousand for every candidate, 10,000 total for
Candidate) will substitute, what happened here is that Susan Roses ang mipuli which is invalid every document.
because she's not a real party in interest.
Difference between XxxxXX
How about abandonment
1 we define that
2. higher intimacy level **** because ang penalty for the
election offenses the average kay mga 5-10 years.
Electoral sabotage is life imprisonment--- case file against Gloria

Jurisdiction
RTC
Prescription
5 years, if the offense was discovered during election protest.
(20 till end)When do you reckoned the 5 years? from the time the judgment become final. But, if Usual question: candidacy, pre-proclamation, post-election Coverage: 50% (this transcript)
for infraction that was known, it should be from the time of commission that is why the SOCE is kept 50% last topics include bar exams 2014, 2015, 2016
by the COMELEC for 5 years.

ELECTION DAY

Note: Postponement
of election should be
POST-ELECTION
before Election Day
REMEDIES