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Election Law de Leon PDF
Election Law de Leon PDF
Sec 1, Art 2 of the Philippine Constitution: 5. as a duty it is in the nature of public trust
“The Philippines is a democratic and republican state. Sovereignty resides - should be exercised in good faith and with intelligent zeal for the
in the people and all the government authority emanates from them.” general benefit and welfare of the State
Theoretically, the people combined represent the sovereign power of the SCOPE OF SUFFRAGE
State. In practice, however, sovereignty is exercised by the electorate and
those chosen by them. 1. Election – the means by which the people choose their officials for definite
and fixed periods and to whom they entrust, for the time being as their
Republicanism in so far as it implies the adoption of a representative type representatives, the exercise of powers of the government.
of government necessarily points out to the enfranchised citizens as the o Involves the selection or choice of a candidate by popular vote
ultimate source of established authority. o “conduct of the polls”
A democratic and a republican government derive all its powers, indirectly 2. Plebiscite – a vote of the people expressing their choice for or against a
or directly from the people at large. Its essence is indirect rule. proposed law or enactment submitted to them
o In the Philippines: it is applied to an election at which any proposed
Actual sovereignty – exercised by the people by means of suffrage amendment to, or revision of, the Constitution is submitted to the
people for ratification
Suffrage – the right and the obligation of qualified citizens to vote in the election of o It is also required by the Constitution to secure the approval of the
certain national and local officers of the government and in the decision of people directly affected, before certain proposed affecting LGUs may
public questions submitted to the people be affected
NATURE OF SUFFRAGE 3. Referendum – submission of a law passed by the national or local legislative
body to the registered voters at an election called for the purpose of their
1. not a natural right but merely a privilege given or withheld by the lawmaking ratification or rejection
power subject to the Constitutional limitations o Mode for appealing from an elected body to the whole body of voters
- granted upon the fulfillment of certain minimum conditions deemed
essential for the welfare of society 4. Initiative – process whereby the registered voters directly propose, enact or
- not a necessary accompaniment of citizenship amend laws, national or local, through an election called for that purpose
o Congress is mandated by the Constitution to provide a system of
2. not absolute initiative and referendum which have been declared as the “people
- nevertheless, only the serious grounds and upon clear and convincing power” feature of the Constitution
proof may a citizen be deemed to have forfeited his right of suffrage
Can children of those who reacquired Filipino citizenship also become Filipino
*Election laws regulate how the right of suffrage is to be exercised citizens under this Act?
- According to Section 4 of this Act, the unmarried child, whether legitimate,
**In case of doubt, political laws must be so construed as to give life and spirit to illegitimate or adopted, below 18 years of age who reacquire Philippine citizenship
the popular mandate freely expressed through the ballot upon effectivity of this Act shall be deemed citizens of the Philippines
POWER OF CONGRESS TO REGULATE SUFFRAGE What are the effects of this Act on civil and political rights?
- According to Section 5, those who retain or reacquire Philippine citizenship under
Congress can regulate the right of suffrage since it is not a natural right but this Act shall enjoy full civil and political rights and be subject to all attendant
liabilities and responsibilities under existing laws of the Philippines under the
a political right. It is within the power of the State to prescribe the manner
following conditions:
in which the right shall be exercised. 1. Those intending to exercise their right of suffrage must meet the
requirements under Sec 1 Art 5 of the Constitutions, RA 9189, and other
Subject to constitutional restrictions, Congress has the power to: existing laws
o define qualifications of voters 2. Those seeking elective public office in the Philippines shall meet the
o regulate elections qualification for holding such public office and required by the Constitution
o prescribe form of official ballot and existing laws and, at the time of filing of the certificate of candidacy,
o provide for the manner in which candidates shall be chosen and the make a personal and sworn renunciation of any and all foreign citizenship
names that shall be printed upon the ballot before any public officer authorized to administer an oath
3. Those appointed to any public office shall subscribe and swear to an
o regulate the manner and conduct of elections
oath of allegiance to the Republic of the Philippines and its duly
o exercise of police power constituted authorities prior to their assumption of office; Provided, that
they renounce their oath of allegiance to the country where they took that
CONSTITUTIONAL PROVISIONS ON SUFFRAGE oath
4. Those intending to practice their profession in the Philippines shall apply
ARTICLE V, Section 1 (Qualifications of voters) with the proper authority for a license or permit to engage in such
1. must not be disqualified by any law practice; and
2. at least 18 years of age on the date of the election 5. That right to vote or be elected or appointed to any public office in
the Philippines cannot be exercised by, or extended to those who:
*detention prisoners (those that are not yet convicted and disqualified under any 1. Literacy – was removed by the 1973 Constitution
law) are not explicitly disqualified to vote but they can only vote if COMELEC will *A Filipino does not cease to be a Filipino just because he is illiterate
held elections / provide voting facilities inside the detention facility
1 CHAIRMAN
6 COMMISISONERS
QUALIFICATIONS OF MEMBERS
The chairman and the commissioners are appointed by the president with
consent of the Commission on Appointments;
A member appointed to fill a vacancy shall serve only for the unexpired 1. ENFORCE AND ADMINISTER laws and regulations relative to the
term to preserve the staggered terms of office; conduct of an ELECTION, PLEBISCITE, REFERENDUM AND RECALL;
Appointments in temporary or acting capacity in the commission are not 2. REGISTER, political parties, orgs, and coalitions;
allowed;
o The commission is an independent body and to preserve its 3. SUBMIT TO PRES. AND CONGRESS comprehensive report on conduct
independence, the members appointed to that position must of election, pleb, ref, recall.
permanent;
4. JURISDICTION
That independence and impartiality may be shaken and destroyed by a o EXCLUSIVE ORIGINAL JURISDICTION over
designation of a person or officer to act temporarily in the commission. Regional, provincial and city officials
All contests relating to elections, returns and qualifications
DISABILITIES OF MEMBERS o APPELLATE JURISDICTION over
Municipal officials decided by courts of general jurisdiction
1. Can‟t hold any other office Barangay officials decided by courts of limited jurisdiction
2. Can‟t practice any other profession
3. Active management / control of any business which affects function of his 5. DECIDE all questions affecting elections, including determination of the
office prohibited; number and location of polling places, appointment of election officials
4. Prohibited from being financially interested in any contracts with gov‟t, and inspectors and registration of voters;
including GOCCs.
6. DEPUTIZE, with the concurrence of the president, law enforcement
*The disabilities during their continuance in office are similar to those imposed on agencies, including AFP, for the purpose of ensuring free, orderly
the president and vice-president. elections;
**Reason behind the prohibitions: fiduciary nature of public office 7. ACCREDIT, citizen‟s arms of the comelec.
CONSTITUTIONAL POWER AND FUNCTIONS OF THE COMELEC 8. RECOMMEND TO CONGRESS measures to minimize election spending,
limitation of places for propaganda materials and prevent and penalize all
As an independent body, it is clothed with the 3 powers of government: forms of election frauds, offenses and malpractice (improvements);
1. Executive or administrative
o to enforce and administer election laws 9. RECOMMEND TO THE PRESIDENT the removal of any officers or
2. Quasi-legislative employee deputized or for the imposition of disciplinary actions for
o to promulgate rules on all questions affecting the elections and its violations of election laws;
rules of procedure
3. Quasi-judicial 10. FILE, petitions in court for inclusion or exclusion of voters;
o To exercise original and appellate jurisdiction over certain election INVESTIGATE AND PROSECUTE cases of violations of election
contests laws
COMELEC and SC have CONCURRENT jurisdiction to issue writs of REGISTER POLITICAL PARTIES, ETC. AND ACCREDIT ITS CITIZENS ARMS -
certiorari, prohibition, and mandamus over decisions of trial courts of COMELEC WILL DENY REGISTRATION OF:
general jurisdiction.
1. Political parties which…
COMELEC has authority to issue the extraordinary writs only in aid of its a. have no platform or program of government;
appellate jurisdiction b. seek to achieve their goals through violence or unlawful means;
c. refuse to uphold and adhere to the Constitution; OR
DECIDE ALL QUESTIONS AFFECTING ELECTIONS d. are supported by any foreign government
2. Religious denominations and sects
Election – may refer to the conduct of the polls including the listing of voters, the 3. Partisan and non-neutral citizen‟s arms
holding of the electoral campaign, and the election of officers in the “Katipunan ng
mga Barangay” *Acceptance of financial contributions from foreign governments and their
agencies related to elections is a ground for the cancellation of registration of a
The jurisdiction of COMELEC is over popular elections, the elected political party or organization. Such contributions are declared as constituting
officials of which are determined through the will of the electorate. interference in our internal affairs.
COMELEC has the inherent power to amend or control its processes and FILE PETITIONS, INVESTIGATE, PROSECUTE
orders before they become final and executor. The Rules of Court apply
suppletorily. It can exercise these powers on its own initiative even in the absence of
any complaint.
COMELEC has no jurisdiction over questions involving the right to vote.
COMELEC can conduct preliminary investigations in cases involving
DEPUTIZE LAW ENFORCEMENT AGENCIES election offenses for the purpose of helping the court determine probable
cause and for filing an information in court. This power is EXCLUSIVE.
COMELEC, with the concurrence of the President, may deputize law Ombudsman or Prosecutor can only perform such power if they have been
enforcement agencies to perform some of its functions. duly delegated / deputized by COMELEC.
The officers and agencies deputized by COMELEC are subject to the SUBMIT REPORT
authority, control, and supervision of the COMELEC in respect of the
particular functions covered by such deputation. Report should contain a description on how a previous election, plebiscite,
o Under the Omnibus Election Code, COMELEC may relieve any officer initiative, referendum, or recall was conducted and what laws or
or employee deputized by it, and, upon its recommendation, the regulations, if any, were violated.
corresponding authority shall suspend or remove from office any or all
such officers or employees who may, after due process, be found COMELEC may also submit recommendations with respect to the flaws or
guilty of such violation or failure. defects it has discovered in the enforcement of election laws.
The Constitutional provision pertains only to the election period and not to SC has no power of supervision over the COMELEC and review is limited
the campaign period only to questions involving grave abuse of discretion amounting to lack or
excess of jurisdiction
The COMELEC or Congress, in special cases, may change the duration of o Grounds:
the election period. Grave abuse of discretion amounting to patent and
substantial denial of due process committed n the
The limitation is designed to minimize partisan political activities and exercise of its adjudicatory or quasi-judicial powers
expensive election contests. There is absolutely no evidence or no substantial
evidence in support of the findings
Campaign period: maximum of 90 days before the election Erroneous estimation of the evidence presented
- part of which is intended for the COMELEC to prepare for the Question of law
election, the printing, and distribution of forms, appointment of o REASON:
members in registrations boards, etc., and other preparatory acts independence of COMELEC to secure free, orderly,
- fixed by law (may be less than 90 days) and covers only the honest, and peaceful elections
period before the day of the election
- it is unlawful to engage in an election campaign or partisan Execution pending appeal can only be allowed:
political activity outside the campaign period o on the basis of “good reasons” to be stated in a special order
o the reasons must be of such urgency as to outweigh the injury or
ELECTION PERIOD NOT SAME WITH CAMPAIGN PERIOD; damage of the losing party should the latter secure a reversal of
o Election period includes 30 days after election as election period; the judgment on appeal; and
o While campaign period can only include the 90 days prior to o there must be a motion by the prevailing party with notice to the
election day; adverse party
Within 60 days from date of its submission for decision or resolution; *Jurisdiction of the SC to review questions of law will not be affected
o Deemed submitted for decision upon filing of the last pleading,
brief, memorandum, required by rules; RULES OF PROCEDURE
Orders and rules of COMELEC sitting en banc subject to review by SC The COMELEC en banc may promulgate its own rules concerning
under certiorari (Rule 65), unless otherwise provided by Constitution pleadings and practice before it or before any of its offices
o Only election disputes before COMELEC en banc in the exercise o Liberal construction of rules
of its adjudicatory or quasi-judicial powers involving elective o May suspend its Rules or any portion thereof in the interest of
regional, provincial, and city officials, may be brought to the justice
SC under certiorari o Rules of Court applies suppletorily
ADDITIONAL FUNCTIONS AS MAY BE PROVIDED BY THE LAW *Unless indicated in the Code, COMELEC is authorized to fix the appropriate
(CONSTITUTION ART. IX-A, Section 8) period for the various prohibited acts enumerated therein.
1. Exercise direct and immediate supervision and control over national and
local officials or employees, including members of any national or local law
enforcement agency; may also deputize ROTC cadets;
2. Promulgate rules and regulations implementing the provisions of the this
code or other laws; and require the payment of legal fees for business
done by comelec;
Registration of voters – means of determining the qualifications of voters, and of Unless excused by some fact which the law itself deems sufficient, the
regulating the exercise of the right to vote through statutes requiring the names voter must register if he would exercise his privilege
of those entitled to vote to be previously recorded by the officers provided for
that purpose The fact that a voter is qualified to vote must be evidenced by the proper
registration, and where it is not so evidenced the failure must, where the
Registration Laws – statutes requiring names of those entitled to vote to be opportunity for registration is afforded, be attributed to the voter‟s own fault
previously recorded or neglect.
Registration - act of listing the names; the act of accomplishing and filing of a
sworn application for registration by a qualified voter before the election officer Akbayan Youth v COMELEC
of the city or municipality wherein he resides and including the same in the
book of registered voters upon approval by the Election Registration Board W/N SC can compel COMELEC by mandamus to conduct special registration of
new voters beyond the time period provided for by law.
Registration Record – refers to an application for registration duly approved by
the Election Registration Board NO, COMELEC cannot be compelled by mandamus by the SC. As the sole
institution tasked by the Constitution to enforce all laws and regulations relative to
System of continuing registration of voters – the personal filing of application of the conduct of an election, it exercises a prerogative that chiefly pertains to it and
registration of voters shall be conducted daily in the office of the Election Officer one which squarely falls within the proper sphere of its constitutionally mandated
during regular office hours. No registration shall however, be conducted during power.
the period starting 120 days before a regular election and 90 days before a
special election Furthermore, COMELEC did not act gravely when it denied the request. It can be
seen that because of the circumstances and the laws available, it was prudent for
The Constitution, by carefully prescribing the qualification of voters, necessarily it to deny the petition. Granting the petition may lead to a creation of a voter‟s list
requires that an examination of the claims of persons to vote, on the ground of that is erroneous and doubtful since by law it can no longer be checked by the
possessing these qualifications, must at some time be had by those who are to necessary organs within the period requested by the petitioners. (the period to
decide on them. question and examine the list has already lapsed on the day that the special
registration was requested to be held)
The requirements of offering and proving that one is entitled to vote, that their
names must appear in an alphabetical list or register of voters, is highly The right to vote is not absolute and must be exercised w/in the framework of the
reasonable and useful in promoting the mandate of COMELEC. It is not a new Constitution and applicable laws providing for procedural and substantive
qualification that is added by COMELEC to those prescribed in the Constitution requirements. One of the indispensable procedural requirements is registration.
but is reasonable and convenient regulation of the mode of exercising the right
of voting
5
Refer to Sections 2, 3, 7, 8, 9, and 10 of RA 8189 (Voter‟s Registration Act of 1996) for
the detailed list and procedure for voter registration
Illiterate or disabled applicants – refer to persons who cannot by themselves Challenges to right to register – any voter, candidate or representative of a
prepare an application for registration because of their physical disability and/or registered political party may challenge in writing any application for registration,
inability to read and write stating the grounds therefore.
An illiterate person may register with the assistance of the Election Officer The challenge shall be under oath and be attached to the application,
or any member of an accredited citizen‟s arm together with the proof of notice of hearing to the challenger and to the
o HOW? applicant
The EO shall place such person under oath and ask him
questions and record the answers given in order to The oppositions to the challenge must, in all cases, be filed not later than
accomplish the application form. the second Monday of the month in which the same is scheduled to be
This form will then be subscribed by the applicant in the heard or processed by the ERB. If this day will fall on a non-working
presence of the Board by means of a thumbmark or any holiday, oppositions may be filed on the next following working day.
other customary mark and shall be subscribed and
attested to also by the majority of the Board. The hearing shall be heard on the third Monday of the month and the
decision shall be rendered before the end of the month
A physically disabled person‟s application may be prepared by any relative
th
within the 4 civil degree of consanguinity or affinity or by the Election Approval and disapproval of the application – the EO shall submit to the Board
Officer or any member of an accredited citizen‟s arm using the data all applications for registration filed and by majority vote, approve or disapprove
supplied by the applicant the applications
The fact of illiteracy or disability shall be so indicated in the application upon approval, the EO shall assign a voter‟s ID number and issue the
corresponding ID card to the registered voter
National Central File – under the custody of the Commission in Manila The corresponding clerk of court has the duty to furnish the Election
rd
consisting of the 3 copies of all the approved voter registration records Officer of the necessary list which contains the persons disqualified (as
enumerated above) at the end of each month
IDENTIFICATION OF VOTERS
COMELEC may request a certified list of those who have lost their Filipino
Voter’s Identification Card (VIC) – issued to the registered voter which citizenship or have been declared as insane / incompetent from other
shall serve as a document for his ID government agencies
o In case of loss or destruction, no copy may be issued except to
the registered voter himself or only upon the authority of the EO must post a certified list of deactivated voters and send a copy to the
Commission corresponding local head, central file, provincial file, and the voter
o Design should be as much as possible tamper proof concerned
Voter’s Identification Number (VIN) – consists of three parts, each Reactivation of registration – any voter whose registration is deactivated may file
separated by a dash with the EO a sworn application for reactivation of his registration in the form of an
o Part 1: Current Address of the Voter (4 digits) affidavit stating that the grounds for the deactivation no longer exist
First 2 digits correspond to the province
Last 2 digits correspond to the city, district, or municipality May not file for reactivation 120 days before a regular election and 90 days
o Part 2: Current Precinct Assignment of the Voter (4 digits +1 letter) before a special election
First 4 digits correspond to the precinct number
Letter indicates whether it is a mother or daughter precinct EO must submit the application to the ERB for appropriate action
o Part 3: Permanent Birth and Name Code Unique to the Voter
Petition for inclusion of voters in the list – any person whose Factual findings and conclusions of TC are not conclusive on COMELEC
application has been disapproved or whose name has been stricken out
from the list may file with the court a petition to include his name The authority to order the inclusion in or exclusion from the list of voters
o May not be filed 105 days prior to a regular election or 75 days necessarily carries with it the power to inquire into and settle all matters
prior to a special election essential to the exercise of said authority
o Must be supported by a certificate of disapproval of application
and proof of service of notice of his petition upon the Board The jurisdiction of lower court is limited only to determining the right of the
o Shall be decided within 15 days from filing voter to remain in the list if voters or to exclude him/her. The lower court
has no jurisdiction to order the change or transfer or registration from one
Petition for exclusion of voters in the list – any registered voter, place of residence to another.
representative, of a political party or the Election Officer, may file with the
court a sworn petition for the exclusion of a voter from the permanent list QUALIFICATIONS OF A VOTER (provided for by the Constitution)
o May not be filed 100 days prior to a regular election or 65 days
prior to a special election Citizenship – by birth or naturalization
o Must be accompanied by a proof of notice to the Board and to the
challenged voter Age – a person may be registered as a voter although he is less than 18
o Must be decided within 10 days from filing years at the time of registration if he will be at least 18 at the time of the
election
Verification of list of registered voters – the EO shall file exclusion
proceedings when necessary and verify the list of the registered voters of Residence
any precinct by regular mail or house to house canvass
o COMELEC may enlist the help of NGOs, etc. and deputize them RESIDENCE QUALIFICATION OF VOTER / CANDIDATE
to assist in the verification
as used in election law, imports not only an intention to reside in a fixed
Voter excluded through inadvertence or registered with an erroneous place but also personal presence in that place coupled with conduct
or misspelled name indicative of such intention
o Voter may file on any date with the proper MTC or Metropolitan o Place of his domicile or legal residence
TC a petition for an order directing that the voter‟s name be o That place where the elector makes his permanent or true home,
entered or corrected in the list his principal place of business, and his family residence, if he has
o Must attach the necessary documents and proof of notice one; where he intends to remain indefinitely, and without a present
o The citizenship of a person to be stricken out may be decided in intention to depart, when he leaves it he intends to return to it, and
the exclusion proceedings after his return he deems himself at home
In order to acquire a new domicile by choice (VOLUNTARY), there must The presumption that the wife automatically gains the husband‟s domicile by
concur: operation of law upon marriage cannot be inferred from the use of the term
o residence or bodily presence in the new locality; “residence” in Art 110 of the Civil Code because the Civil Code is one area where
o intention to remain there; the two concepts are well delineated. What the wife acquires upon marriage is
o intention to abandon the old domicile actual residence and she is not deemed to have lost her domicile of origin.
In other words, there must be basically animus manendi coupled with
animus non rivertendi. Padilla, J., dissenting:
The mere absence of an individual from his permanent residence without There must also be actual presence in the place and not just mere intent to
the intention to abandon it does not result in the loss or change of domicile retain it as the domicile of origin. This is in line with the view that the house
representatives / elective officials must be familiar with the environment and
Registration and voting by a person in another place do not by themselves problems of the locality where he intends to run. (one cannot be that familiar with
constitute abandonment of the legal residence, where the stay in the the locality without actual presence)
former cannot be considered as voluntary but a necessity in order to
continue his studies Regalado, J., dissenting:
Absence from the residence of origin to practice a profession does not Three types of domicile:
constitute loss of residence 1. by origin or birth
2. by choice
Not necessary that a person should have a house in order to establish his 3. by operation of law
residence and domicile in a municipality
Davide, Jr., J., dissenting:
There is nothing wrong in an individual changing residences so he could
run for an elective post, for as long as he is able to prove with reasonable Wife does not automatically regain domicile of origin upon the death of the
certainty that he has effected a change of residence for election law husband. Upon death, the wife is given a chance to elect a domicile, but failing to
purposes for the period required by law. elect such will lead to the conclusion that she will retain the domicile of the
deceased husband.
Romualdez-Marcos v COMELEC
DISQUALIFICATIONS FROM VOTING:
Residence, for election purposes, is used synonymously with domicile.
The following shall be disqualified from voting:
It is the fact of residence, not a statement in a certificate of candidacy which ought (2) Any person sentenced by final judgment to suffer imprisonment for not
to be decisive in determining whether or not an individual has satisfied the less than one (1) year, such disability not having been removed by
Constitution‟s residency qualification requirement. The said statement becomes plenary pardon or granted amnesty;
material only when there is or appears to be a deliberate attempt to mislead, (3) Adjudged by final judgment of having committed any crime involving
misinform, or hide a fact which would otherwise render a candidate ineligible. It disloyalty to the duly constituted government;
ELECTION PRECINCT – basic unit of territory established by the COMELEC for Voting Center – building or place where the polling place is located
the purpose of voting (1) Size and location of polling place – As far as practicable, ground floor,
sufficient size to accommodate 40 voters at one time outside the guard rail
(1) Establishment – The COMELEC shall draw updated maps of all the for the board of election inspectors
precincts nationwide. (2) Modes for intimidating change of location
a. Written petition of the majority of the voters
o Precinct maps – sketch or drawing of a geographical area b. Agreement of all the political parties
stated in terms of streets or streets blocks or sitios the c. Resolution of the COMELEC after notice and hearing (*It is the
residence of which would belong to a particular precinct COMELEC which determines whether a change is necessary after
o No territory comprising an election precinct shall be altered or notice and hearing.)
a new precinct be established at the start of the election period
o Splitting of an original precinct or merger of two or more Note: No location shall be changed within 45 days before a regular election and 30
original precincts shall not be allowed without redrawing the days before a special election or a referendum or plebiscite except in case it
precinct map/s 120 days before election day is destroyed or it cannot be sued.
(2) Arrangement – Every barangay shall have at least 1 precinct which in turn ARRANGEMENTS AND CONTENTS OF POLLING PLACES
shall have no more than 200 voters and shall comprise of contiguous and
compact territories (1) During the voting, there shall be in each polling place a booth for every 20
voters registered in the precinct.
o A precinct shall be allowed to have less than 200 registered a. Post a list containing the list of all the candidates or the issues or
voters under the following conditions: questions to be voted for
(1) As soon as the 200-limit for every precinct has been
reached, a spin-off or daughter precinct shall be (2) There shall be a guard rail between the voting booths and the table for the
automatically created to accommodate voters residing board of election inspectors which shall have separate entrance and exit.
within the territorial jurisdiction of the original precinct
(2) An island or group of islands with less than 200 voters (3) On the day of the voting, a ballot box one side of which shall be
may comprise 1 original precinct transparent which shall be set in a manner visible to the voting public
NOTE: In view of the automated elections, COMELEC had to cluster the precincts containing two compartments, namely, the compartment for valid ballots and
to only about 76,000 each having around 1,000 votes. the compartment for spoiled ballots
PUBLICATION OF MAPS OF PRECINCTS (4) There shall be at least 10 voting booths of such size, specifications and
materials as the Commission may provide to enable voters to fill out their
st
When? At least 5 days before the 1 registration day preceding a regular or ballots secretly,
special election or a referendum or a plebiscite
(1) The COMELEC shall prepare and furnish the ballot boxes, forms, NOTE: In the May 10, 2010 automated elections, the voters, instead of manually
stationeries and materials necessary for the registration of voters and the writing the names of candidates, shaded the oval indicated in the ballot next to the
holding of elections. name of the candidate of their choice.
(2) The provincial, city and municipal treasurers shall have custody of such
election paraphernalia, supplies and materials. SIGNATURE OF THE CHAIRMAN AT BACK OF EVERY BALLOT – The
Chairman of the Board of Election Inspectors in the presence of the voter shall
REQUISITION, PRINTING, AND DISTRIBUTION OF OFFICIAL BALLOTS AND affix his signature at the back of his ballot
ELECTION RETURNS
Failure to do so shall be noted in the minutes of the board of election inspectors
(1) The official ballots and election returns shall be printed upon orders of the and shall constitute an election offense
COMELEC.
PUBLICATION OF OFFICIAL BALLOTS, ETC. – At least 10 days before an
(2) It shall be printed by the Government Printing Office and/or the Central election in a newspaper of general circulation certified data on the number of
Bank printing facilities exclusively, under the exclusive supervision and control official ballots and election returns and the names and addresses of the printers
of the Commission and the number printed by each.
The ruling party and the dominant opposition party or their respective duly CANDIDATE – any person aspiring for or seeking an elective public office, who
authorized representatives shall submit the names of their respective watchers. has filed a certificate or candidacy by himself or through an accredited political
party, aggroupment, or coalition of parties.
FORM AND CONTENTS OF BALLOTS
NOTE: Any person who files his CoC within the period for filing shall only be
(1) It shall be uniform in size and shall be provided by the Commission considered a candidate at the start of the campaign period for which he filed his
Printed in black ink on white security paper with distinctive, clear and CoC.
legible watermarks that will readily distinguish it from ordinary paper
It shall be in the shape of a strip with stub and detachable coupon FILING OF CERTIFICATE OF CANDIDACY (CoC)
containing the serial number of the ballot and a space for the thumb mark
of the voter on the detachable coupon (1) No person shall be eligible for any elective public office unless he files a
It shall bear at the top of the middle portion the coat-of-arms of the sworn CoC within the period fixed by the Omnibus Election Code.
Republic of the Philippines, the words “Official Ballot,” the name of the
city or municipality and province in which the election is to be held, the (2) No person shall be eligible for more than 1 office to be filled in the same
date of the election and the following notice in English: “Fill out this ballot election.
secretly inside the voting booth. Do not put any distinctive mark on any
part of this ballot.” (3) If he files his CoC for more than 1 office, he shall not be eligible for any of
them. Provided that before the expiration of the period to file a CoC, the person
(2) It shall contain the names of all the offices to be voted for in the election, who has filed such may declare under oath the office which he desires to be
allowing sufficient space with horizontal lines where the voter may write the eligible and cancel the CoC for the other office/s.
name of the individual candidates voted for by him
Under RA 7166 which provides for synchronized national and local elections, the WITHDRAWAL OF THE CoC
CoCs shall be filed in 5 legible copies with the COMELEC not later than the day
before the date legally fixed for the beginning of his campaign period. How? By submitting, prior to the election, to the office concerned a written
declaration under oath which shall not affect whatever criminal, civil or
(1) CoCs for President, Vice-President and Senators – COMELEC main office administrative liabilities which a candidate may have incurred.
in Manila
Effect – The withdrawal of a CoC does not necessarily render the CoC void ab
(2) CoCs for Members of the House of Representatives – provincial election initio. Once filed, the permanent legal effects produced thereby remain
supervisor of the province concerned even if the certificate itself be subsequently withdrawn.
AUTOMATIC RESIGNATION
(3) CoCs for provincial offices – provincial election supervisor concerned
(1) Any person holding a public appointive office or position, including active
members of the AFP, and officers and employees in GOCC shall be
(4) CoCs for city and municipal offices – city or municipal election registrar considered ipso facto resigned from his office upon the filing of his CoC.
concerned (2) Forfeiture is automatic and permanently effective upon the filing of the CC
for another office. Only the moment and act of filing are considered.
NOTE: A CoC filed beyond the deadline is not valid. (3) The automatic and permanent loss of office by any elective official makes
o A CoC shall be filed by the candidate personally or by his duly no exception for officials under suspension when they file CC for another
authorized representative. office.
(4) An official who is considered as resigned upon the filing of his CC is not
PRINTING OF CANDIDATES’ NAMES IN ELECTION RETURNS restored to his position by withdrawal of the same.
(1) Names of registered candidates for local position shall be printed in the [Flores v. COMELEC] – Under R.A. No. 6679, the person who wins the highest
election returns. number of votes as kagawad becomes by operation of law the punong barangay.
(2) If a candidate has been disqualified or declared a nuisance candidate, it shall In the particular case of the petitioner, it should be noted that he was in fact not
be the duty of the COMELEC to instruct without delay the appropriate election even elected in 1982 as one of the six councilmen but separately as the barangay
officials to delete the name of said candidate as printed in the election return. captain. He was thus correctly deemed resigned upon his filing of a certificate of
candidacy for kagawad in 1989, as this was not the position he was holding, or
was incumbent in, at the time he filed such certificate.
The COMELEC shall cause to be printed a certified list of candidates containing Who may file? Any person exclusively on the ground that any material
the names of all the registered candidates for each office to be voted for in each representation contained therein as required is false.
city or province or municipality immediately followed by the nickname or stage
name of each candidate duly registered in his CoC and his political party affiliation, When? At any time not later than 25 days from the time of the filing of the CoC and
if any. shall be decided, after due process and hearing, not later than 15 days
before the election.
CANDIDATES IN CASE OF DEATH, DISQUALIFICATION OR WITHDRAWAL
OF ANOTHER CANCELLATION OF CERTIFICATE BY COMMISSION
(1) If after the last day for the filing of the CC, an official candidate of a The COMELEC may motu propio or upon verified petition of an interested party,
registered or accredited political party dies, withdraws or is disqualified for any refuse to give due course to or cancel a CoC if the following situations are extant:
cause, only a person belonging to, and certified by, the same political party (1) If it is shown that the CoC has been filed to put an election process in
may file a CoC to replace the candidate. mockery or disrepute;
(2) If CoC was filed to cause confusion among the voters by the similarity of
(2) The substitute candidate nominated by the political party concerned may the names of the registered candidate;
file his CoC for the office affected not later than mid-day of the day of the (3) If there are any other circumstances or acts which clearly demonstrate that
election. the candidate has no bona fide intention to run for the office which the
CoC has been filed and thus prevent faithful determination of the true will
(3) If it occurs between the day before the election and mid-day of election of the electorate.
day, said CoC may be filed with any board of election inspectors in the political
subdivision where his is a candidate. Note: A cancelled CoC cannot give rise to a valid candidacy, and much less to
valid votes. Where, however, the ruling is not yet final on election day, the
(4) The substitute candidate need not be a member of the political party duty of the court is to ascertain the will of the electorate under the factual
concerned prior to his nomination as its official candidate. circumstances of the case. (COMELEC decisions in pre-proclamation
controversies and petitions to deny course to or to cancel CoC shall become
VOTES CAST FOR SUBSTITUTED CANDIDATES final and executory after the lapse of 5 days from their promulgation.)
(1) In case of valid substitutions after the official ballots have been printed, the VOTES FOR CANDIDATES WITH DISQUALIFICATION CASE
votes cast for the substituted candidates shall be considered as stray votes but
shall not invalidate the whole ballot. For this purpose the official ballots shall (1) Candidates who are disqualified by final judgment before the election shall
provide spaces where the voters may write the name of the substitute not be voted for and the votes cast for them shall not be counted.
candidates if they are voting for the latter. (2) Those against whom no final judgment of disqualification had been
(2) If the substitute candidate has the same family name, the above rule shall not rendered may be voted for and proclaimed, unless on motion of the
apply. complainant, the COMELEC suspends their proclamation because the
grounds for their disqualification or cancellation of their CoCs are strong.
NOTE: Under the new law (Automated and Election System Act), in case of valid
substitutions after the official ballots shall have been printed, the votes cast for the MATERIAL AND FALSE REPRESENTATION – The false representation must be
substituted candidates shall be considered votes for the substitutes. made with the intention to deceive the electorate as to the would-be candidate‟s
qualifications for public office.
SECTION 78 SECTION 253 NOTE: The Dual Citizenship Act of 2003 expressly provides for the conditions
Deals with the qualifications of a Deals with the qualifications of a before those who re-acquired Filipino citizenship may run for a public office in the
candidate candidate Philippines. (At the time of the filing of a CoC, made a personal and sworn
Time of filing: Before the election After the election renunciation of any and all foreign citizenship before any public officer authorized
Grounds: Misrepresentation Ineligibility or disloyalty to the Republic to administer an oath.)
of the Philippines
*Petition for quo warranto not barred RULES GOVERNING CASES OF DISQUALIFICATIONS BEFORE THE
by failure to file petition to disqualify ELECTION
REMEDY WHERE CANDIDATE HAS BEEN PROCLAIMED (1) Complaint filed before election – The complaint shall be inquired into by
the Commission for the purpose of determining whether the acts
If winning candidate is NOT eligible because of failure to file properly his CoC complained of have in fact been committed. Where the inquiry results in a
as required by law – contest his election after he has been duly proclaimed. finding that the respondent candidate did in fact commit the acts
complained, COMELEC shall order the disqualification of the respondent
It has been held that the defects of the CoC should be questioned on or before candidate from continuing as such candidate.
the election and not after the will of the people has been expressed through the (2) Complaint not resolved before election – COMELEC may motu propio or
ballots. on motion of any of the parties refer the complaint to the Law Department
of the Commission.
(3) Complaint filed after election and proclamation of winner – The complaint
Where a candidate has received popular mandate, overwhelmingly and clearly
shall be dismissed as a disqualification case. However, the complaint shall
expressed, all possible doubts should be resolved in favor of the candidate‟s
be referred for preliminary investigation to the Law Department.
eligibility for to rule otherwise is to defeat the will of the people. (The true will of
(4) Complaint filed after election but before proclamation of winner – The
the electorate should be paramount.)
complaint shall be dismissed as a disqualification case. However, the
DISQUALIFICATIONS complaint shall be referred for preliminary investigation to the Law
Department. If the Law Department make a prima facie finding of guilt and
the corresponding information has been filed with the trial court, the
(1) Any person who has been declared by competent authority insane or
complainant may file a petition for suspension of the proclamation of the
incompetent, or has been sentenced by final judgment for subversion,
respondent.
insurrection, rebellion or for any offense for which he has been sentenced
(5) Submission of recommendation to Commission en banc – The Law
to a penalty of more than 18 months or for a crime involving moral
Department shall terminate the preliminary investigation within 30 days
turpitude.
There is a difference between a disqualification case filed before and after an Election Period – Commences 90 days before the day of the election and ends 30
election. Why there is a difference between a petition for disqualification filed days thereafter
before and after the election proceeds from the fact that before the election, the
question of disqualification is raised as an issue before the electorate and those Campaign Period
who vote for the candidate assume the risk that should said candidate be 1. President, Vice-President and Senators – 90 days before the day of the
disqualified after the election, their votes would be declared stray or invalid votes. election
Such would not be true in the case of one filed after the electorate has already 2. Members of the House of Representatives and elective provincial, city and
voted. municipal officials – 45 days before the day of the election
The mere filing of a petition for disqualification is not a ground to suspend the What does it include?
proclamation of the winning candidate. In the absence of an order suspending the 1. Forming organizations or group of persons
proclamation, the winning candidate who is sought to be disqualified is entitled to 2. Holding political caucuses, meetings, rallies, or other similar assemblies;
be proclaimed as a matter of law. 3. Making speeches or commentaries; and
4. Publishing or distributing campaign literature or materials for the purposes
of soliciting votes and/or undertaking any campaign or propaganda to
support or oppose the election of any candidate.
EFFECTS OF DISQUALIFICATION
What it DOES NOT include?
(1) After final judgment – The candidate shall not be voted for, and the votes
1. Public expressions of opinions or discussions of probable issues in a
cast for him shall not be counted.
forthcoming election;
2. Attributes or criticisms of probable candidates proposed to be nominated
(2) Before final judgment – The Court or Commission shall continue with the trial
in a forthcoming political party convention.
and hearing of the action, inquiry or protest and upon motion of the
complainant or any intervenor, may, during the pendency thereof, order the
PROHIBITED ACTS
suspension of the proclamation of such candidate whenever the evidence of
his guilt is strong.
1. It shall be unlawful for any person, whether or not a voter or candidate, or
for any party, or association of persons, to engage in an election campaign
(3) Candidate who obtained the second highest number of votes – if the
or partisan political activity, except during the campaign period.
candidate who obtained the highest number of votes is later disqualified, this
nd 2. It shall be unlawful for any foreigner, whether juridical or natural person, to
does not mean that the one who obtained the 2 highest number of vote will
aid any candidate or political party, directly or indirectly, or take part in or
be declared as the elective officer.
influence in any manner any election, or to contribute or make any
o Sound public policy dictates that the public offices are filled by
expenditure in connection with any election campaign or partisan political
those who have received the highest number of votes
activity.
4. COMELEC BULLETIN – The COMELEC shall cause the printing and National Press Club v. COMELEC
supervise the dissemination of bulletins, which shall be of such size as to
adequately contain the picture, bio-data and program of government of The objective which animates Section 11(b) is the equalizing as far as practicable,
every candidate. Said bulletin shall be disseminated to the voters or the situations of rich and poor candidates by preventing the former from enjoying
displayed in such places as to give due prominence thereto. Any the undue advantage offered by huge campaign „war chests‟.
candidate may reprint at his expense, any “COMELEC bulletin” upon prior
authority of the Commission. Said reprint shall be the exact replica of the The objective is not only a concededly legitimate one; it has also been given
original and shall near the name of the candidate causing the reprint and constitutional status by the terms of Article IX(C)(4) of the 1987 Constitution.
the name of the printer.
Section 11 (b) is limited in the duration of its applicability and enforceability. By
PUBLIC FORUM virtue of the operation of Article IX (C) (4) of the Constitution, Section 11 (b) is
limited in its applicability in time to election periods. Section 11 (b) does not purport
The COMELEC shall encourage non-political, non-partisan private or civic in any way to restrict the reporting by newspapers or radio or television stations of
organizations to initiate and hold in every city and municipality, public for at which news or news worthy events relating to candidates, their qualifications, political
all registered candidates for the same office may simultaneously and personally parties and programs of government. Moreover, Section 11 (b) does not reach
participate to present, explain, and/or debate in their campaign platforms and commentaries and expressions of belief or opinion by reporters or broadcasters or
programs and other like issues. editors or commentators or columnists in respect of candidates, their qualifications,
and programs and so forth, so long at least as such comments, opinions and
The Commission shall promulgate the rules and regulations for the holding of such beliefs are not in fact advertisements for particular candidates covertly paid for. In
to assure its non-partisan character and the equality of access thereto by all sum, Section 11 (b) is not to be read as reaching any report or commentary other
candidates. coverage that, in responsible media, is not paid for by candidates for political
office. Section 11 (b) as designed to cover only paid political advertisements of
MASS MEDIA ADVERTISING FOR CANDIDATES particular candidates.
B. ELECTORAL CONTRIBUTIONS AND EXPENDITURES a. Operating a public utility or in possession of or exploiting any
natural resources of the nation;
What is contribution? b. Who holds contracts or subcontracts to supply the government or
any of its divisions, subdivisions or instrumentalities, with goods
As used in the Omnibus Election Code, the term contribution includes a and services or to perform construction or other works;
gift, donation, subscription, loan, advance or deposit of money or anything c. Who have been granted franchises, incentives, exemptions,
of value, or a contract, promise or agreement to contribute, whether or allocations or similar privileges or concessions by the government
not illegally enforceable, made for the purpose of influencing the results or any of its divisions, subdivisions or instrumentalities, including
of the elections. GOCC;
d. Who, within one year prior to the date of the election, have been
It shall include the use of facilities voluntarily donated by other persons, granted loans in excess of P25,000 by the government, any of its
the money value of which can assessed based on the rates prevailing in divisions, subdivisions or instrumentalities including GOCC.
the area.
3. Educational institutions which have received grants of public funds
What does contribution NOT include? amounting to no less than P100,000;
Services rendered without compensation by individuals volunteering a 4. Officials or employees in the Civil Service, or members of the AFP; and
portion or all of their time in behalf of a candidate or political party.
5. Foreigners and foreign corporations.
What is expenditure?
What are prohibited soliciting of contributions?
As used in the Omnibus Election Code, the term expenditure includes the
payment or delivery of money or anything of value, or a contract, promise 1. It shall be unlawful for any person to solicit or receive any contribution from
or agreement to make an expenditure for the purpose of influencing the any of the person or entities enumerated above;
results to the election.
2. It shall be unlawful for any person, including a political party or public or
It shall also include the use of facilities owned by the candidate, the money private entity to solicit or receive, directly or indirectly, any aid or
value of the use of which can be assessed based on the rates prevailing in contribution of whatever form or nature from any foreign national,
the area. government or entity for the purpose of influencing the results of the
election.
What are prohibited contributions?
It shall be unlawful: Who are prohibited: Candidate, his or her spouse or any relative within
nd
the 2 degree of consanguinity or affinity, or his campaign manager,
1. For any person to hold dances, lotteries, cockfights, games, boxing agent, or representative. The prohibition applies to treasurers, agents or
bouts, beauty contests, or other performances for the purpose of representatives of any political party.
raising funds for an election campaign or for the support of any candidate
from the commencement of the election period up to and including election When does the prohibition apply: During the campaign period, on the
day; or day before and on the day of the election.
2. For any purpose or organization, whether civic or religious, directly or What are EXCLUDED from prohibited donations: Direct or indirect
indirectly, to solicit and/or accept from any candidate for public office, or donation, contribution or gift in cash or kind, or undertake or contribute to
from his campaign manager, agent or representative, or any person acting the construction or repair of roads, bridges, schoolhouses, puericulture
in their behalf, any gift, food, transportation, contribution or donation in centers, pavements, or any structure for public use or the use of any
cash or in kind from the commencement of the election period up to and religious or civic organizations, such as religious stipends, titles or
including the election day. collections on Sundays or other designated collection days, as well as
periodic payments for legitimate scholarships established and school
What are excluded from the prohibitions? contributions habitually made before the prohibited period.
Normal and customary religious stipend, titles, or collection on Sundays Statement of contributions and expenditures:
and/or other designated collection days.
Time for filing – Every candidate and treasurer of a political party shall,
What are the LIMITATIONS upon expenses? within 30 days after the day of the election, file in duplicate with the offices
of the Commission, full, true and itemized statements of all contributions
The aggregate amount that a candidate or registered political party may spend for and expenditures in connection with the election.
election campaign shall be as follows: It shall be the duty of every city or municipal election registrar to advise in
writing, by personal delivery or registered mail within 5 days from the date
For candidates – for every voter currently registered in the constituency of election all candidates residing in his jurisdiction to comply with their
where he filed his certificate of candidacy: obligation to file their statements of contributions and expenditures.
a. President and Vice-President – Ten pesos;
b. For other candidates – Three pesos; Effect of failure to file – No person elected to any public office shall enter
c. Candidate without any political party and without support upon the duties of his office until he has filed the statement of contributions
from any political party – Five pesos; and expenditures above required. The same prohibition shall apply if the
political party which nominated the winning candidate fails to file the
For political parties – Five pesos for every voter current registered in the statement required within the period prescribed by the Act.
constituency or constituencies where it has official candidates.
o Administrative fine ranging from P1,000 to P30,000 in the
Any provision of law to the contrary notwithstanding, any contribution in cash or in discretion of the Commission, EXCEPT candidates for elective
kind to any candidate or political party or coalition of parties for campaign barangay office.
purposes, duly reported to the Commission shall not be subject to the payment of
any gift tax. o The fine shall be paid within 30 days from receipt of notice of such
failure; otherwise, it shall enforceable by a writ of execution issued
by the Commission against the properties of the offender;
To acquire juridical personality, qualify it for subsequent accreditation, and A political party has the right to identify the people who constitute the
entitle it to right and privileges granted to political parties, a political party association and to select a standard bearer who represents their
shall first be duly registered with the COMELEC. ideologies and preference
Any registered political party that, singly or in coalition with other, fails to Political parties are free to conduct their internal affairs free from judicial
obtain at least 10% of the votes cast in the Constituency in which it supervision (judicial restraint)
nominated and supported a candidate or candidates in the election next
following its registration shall, after notice and hearing, be deemed to have No controlling statute or clear legal right = no jurisdiction of the court but
forfeited such status as a registered political party in such Constituency. can leave the matter to the proper tribunals of the party itself or to the
electorate
Any organized group of persons seeking registration as a national or
regional political party may file with the COMELEC a verified petition In determining whether an irregularity in nomination of a winning candidate
attaching thereto its Constitution and by-laws, platforms or program of prevented the free expression of public will, it must appear that
government and such other relevant information as may be required by the noncompliance with the law did not prevent a fair and free vote.
Commission. The Commission shall after due notice and hearing, resolve
the petition within 10 days from the date it is submitted for decision. Intra-party leadership and membership disputes:
No religious sect shall be registered as a political party and no political COMELEC may intervene only to exercise its constitutional powers
party which seeks to achieve its goal through violence shall be entitled to (incident to its power to register political parties)
accreditation.
o Register political parties determine who may act on its behalf ii. Regional party – when its constituency is spread over the
geographical territory of at least a majority of the cities
COMELEC can‟t intervene in the expulsion of a member and provinces comprising the region.
The party-list system o Sectoral party – organized group of citizens belonging to any of
the sectors enumerated in Section 2 of the Act hereof whose
Constitutional provision – Section 5(1) of Article VI of the Constitution: principal advocacy pertains to the special interests and concerns
“The House of Representatives shall be composed of not more of their sector.
than two hundred and fifty members, unless otherwise fixed by
law, who shall be elected from legislative districts apportioned o Sectoral organization – a group of citizens or a coalition of
among the provinces, cities, and the Metropolitan Manila area in groups of citizens who share similar physical attributes or
accordance with the number of their respective inhabitants, and on characteristics, employment, interests or concerns.
the basis of a uniform and progressive ratio, and those who, as
provided by law, shall be elected through a party-list system of o Coalition –aggrupation of duly registered, national, regional,
registered national, regional, and sectoral parties or sectoral parties or organizations for political and/or election
organizations.” purposes.
Implementing law – RA 7941: Provides for the election of party-list Registration – Under COMELEC Resolution No. 2847 (June 25, 1996)
representatives through the party-list system and requires the Commission
to undertake various activities within the prescribed periods which o Any organized group of persons desiring to participate in the
activities are difficult to accomplish within the periods prescribed therein. party-list systems as a national, regional or sectoral party or
organization or a coalition of such parties or organizations may
Definition of terms – Under RA 7941: register as a party, organization, or coalition, by filing with the
Commission, not later than 180 days before the election, a petition
o Party-list system – mechanism of proportional representation in verified by its president or secretary, attaching thereto its
the election of representatives to the House of Representative Constitution, by-laws, platforms or program of government, list of
from national, regional, and sectoral parties, organizations and officers, coalition agreement and other relevant information as the
coalitions thereof registered with the COMELEC. Component Commission may require.
parties or organizations of a coalition may participate
independently provided the coalition of which they from part does o The sectors shall include labor, peasant, fisherfolk, urban poor,
not participate in the party-list system. indigenous cultural communities, elderly, handicapped, women,
youth, veterans, overseas workers, and professionals.
o Party – either a political party or sectoral party or a coalition of
parties, Petition and manifestation; filing fee – Every petition or manifestation
shall be filed by any authorized representative of the political or sectoral
o Political party – organized group of citizens advocating an party, organization, coalition thereof with any of the following offices of the
ideology or platform, principles and policies for the general Commission:
conduct of government and which, as the most immediate means
of securing their adoption regularly nominates and supports o Law department – if the petition involves national Constituency;
certain of its leaders and members as candidates for public office. or
Procedure: Certified list of registered parties – The Commission shall, not later than
15 days before election, prepare a certified list of national, regional, or
o Upon receipt of the petition, the Law Department or the Regional sectoral parties, organizations or coalition which have applied or
Election Director, as the case may be, shall determine whether the manifested their desire to participate under the party list system and
petition is in due form and substance and thereafter shall verify the distribute copies thereof to all precincts for posting in the polling places on
existence of the petitioner in the Constituency and all matters election day. The names of the party-list nominees shall not be shown on
required, and within 7 days after such inquiry, submit the petition the certified list.
and its supporting documents, filing fee, together with his findings
and recommendations to the Commission, through the Law Nomination of party-list representative – Each registered party,
Department; organization, or coalition shall submit to the Commission not later than 90
days before the election a list of names, not less than 5, from which party-
o The Commission shall, after due notice and hearing, resolve the list representative shall be chosen in case it obtains the required number
petition within 15 days from the date it was submitted for decision of votes.
but not later than 90 days before the election day.
Limitations of party-list nominations:
Manifestation to participate in the party-list system – Any party,
organization, or coalition already registered with the Commission need not o A party may be nominated by one party, organization/coalition in
register anew. However, such party organization or coalition shall file with one list only. Any person giving consent to be nominated more
the Commission, not later than 90 days before the election, a than once shall be disqualified.
manifestation of its desire to participate in the party-list system.
o Only persons who have given their consent in writing may be
Removal and/or cancellation of registration – Any Commission may named in the list;
motuproprio or upon verified complaint of any interested party, remove or
cancel, after due notice and hearing, the registration of any national, o The list shall not include any candidate for any elective office in
regional or sectoral party, organization or coalition on any of the following the same election or a person who has not lost his bid for an
grounds: elective office in the immediately preceding elections;
1. It is a religious sect or denomination, organization or association o No change of name or alteration in the order of nominees shall be
organized for religious purposes; allowed after the same has been submitted to the Commission
2. It advocates violence or unlawful means to seek its goal; EXCEPT in cases where the nominee dies, his nomination is
3. It is a foreign party or organization; withdrawn in writing and under oath, or become incapacitated, in
4. It is receiving support from any foreign government, foreign which case the name of the substitute nominee shall be placed
political party, foundation, organization, whether directly or through last in the list; and
any of its officers or member or indirectly through third parties for
partisan election purposes;
Number of party-list representative – The party-list representatives shall Vacancy – the vacancy shall automatically filled by the next representative
Constitute 20% of the total number of the members of the House of from the list of nominees in the order submitted to the Commission by the
Representative including those under the party-list. same party, organization, or coalition, such representative shall serve for
the unexpired term. If the list is exhauster, the party, organization, or
In determining the allocation of seats for the second vote, the coalition shall submit additional nominees.
following procedures shall be observed:
Rights of party-list representatives – entitled to the same salaries and
The parties, organizations, and coalitions shall be ranked emoluments as the regular members of the House of Representative.
from the highest to the lowest based on the number of
votes they garnered during the elections; and Governing laws; other matters – for purposes of the election of
Members of the House of Representative under the party-list system and
The parties, organizations receiving at least 2% of the other matters in connection therewith which are not provided in the Act,
total votes cast for the party-list system shall be entitled to the relevant provisions of the Omnibus Election Code, as amended, shall
one seat. Those garnering more than 2% of the votes apply.
shall be entitled to additional seats in proportion to their
1. The political party, sector, organization or coalition must represent the PRELIMINARY CONSIDERATIONS
marginalized and underrepresented groups identified in Section 5 of RA 7941. In
other words, it must show ¾ through its constitution, articles of incorporation, Election – the embodiment of the popular will, the expression of the
bylaws, history, platform of government and track record¾ that it represents and sovereign will of the people in the choice or selection of candidates to public
seeks to uplift marginalized and underrepresented sectors. Verily, majority of its office for definite and fixed periods or in deciding some question of public
membership should belong to the marginalized and underrepresented. And it must interest
demonstrate that in a conflict of interests, it has chosen or is likely to choose the
interest of such sectors. In the context of the Constitution: the conduct of the polls including the listing of
voter, the holding of the electoral campaign, and the casting and counting of the
2. While even major political parties are expressly allowed by RA 7941 and the votes; it involves every element necessary to the complete ascertainment of the
Constitution to participate in the party-list system, they must comply with the expression of the popular will from the deposit of the ballot by the voter up to the
declared statutory policy of enabling “Filipino citizens belonging to marginalized final certification of the result
and underrepresented sectors x xx to be elected to the House of Representatives.”
In other words, while they are not disqualified merely on the ground that they are KINDS OF ELECTION
political parties, they must show, however, that they represent the interests of the
marginalized and underrepresented. 1. GENERAL ELECTION – for the election of offices throughout the state or
certain subdivisions thereof, after the expiration of the full term of the
3. The religious sector may not be represented in the party-list system. former officers.
2. REGULAR ELECTION – an election, national or local, held at regular
4. A party or an organization must not be disqualified under Section 6 of RA 7941. intervals on such dates provided by law
3. SPECIAL ELECTION – under special circumstances; Held to fill vacancy
5. The party or organization must not be an adjunct of, or a project organized or in office before the expiration of the full term for which the incumbent was
an entity funded or assisted by, the government. elected, or an election at which some issue or proposition is submitted
6. The party must not only comply with the requirements of the law; its nominees to the vote of the qualified electors.
must likewise do so.
PURPOSE OF ELECTION To give the people a direct participation in the affairs
7. Not only the candidate party or organization must represent marginalized and of this government; it is essential that all of the legal voters be permitted to cast
underrepresented sectors; so also must its nominees. To repeat, under Section 2 their ballots
of RA 7941, the nominees must be Filipino citizens “who belong to marginalized
and underrepresented sectors, organizations and parties.” CONSTRUCTION OF ELECTION LAWS
8. As previously discussed, while lacking a well-defined political constituency, the Adopted to assist the voters in the participation in the affairs of
nominee must likewise be able to contribute to the formulation and enactment of government and not to defeat that object; these laws are mandatory before
appropriate legislation that will benefit the nation as a whole.” the election
After election, they are directory only, if possible, specially if making them
mandatory would cause voters to be deprived on their votes without any
fault on their part
If such departure from the laws in due to an honest mistake or Sufficiency of notice determined on whether the voters generally have
misinterpretation of election law, the law is directory and departure is a knowledge of the time, place and purpose of the elections so as to give
harmless irregularity them full opportunity to attend the polls and express their will
Statutes providing for election contests are to be liberally construed to the DATE OF ELECTION UNDER THE LAW
end that the will of the people in the choice of public officers may not be
defeated by mere technical objections In accordance with the Constitutional policy to synchronize elections so
that there shall be simultaneous regular elections for national and local
AUTHORITY FOR HOLDING ELECTION officials every three years;
In order to hold a valid election, authority so to hold it must be found Ra 7166 – provided for an election for president, vice-president, 24
conferred by the people, either directly through the Constitution which they senators, all elective members of the House of Rep., and at elective
have themselves ordained, or indirectly, through the enactment of their provincial, city and municipal officials on the second Monday of May, 1992.
legal representatives, the legislature. Thereafter, the President, vice shall be elected on the same day every 6
years;
TIME OF HOLDING ELECTION
Same – while senators, members of the house and all elective provincial,
Such time must be fixed by authoritative power; city and municipal official shall be elected on the same say every three
years, except that with respect to senators, only 12 shall be elected;
Either the people in their Constitution and laws in the case of regular
elections of the executive or other designated power in the case of special Barangay officials – shall have a term of five years; elected on second
elections; Monday of May 1994; shall be elected every five years thereafter.
Enactments declaring the time at which an election shall be held are POSTPONEMENT OF ELECTION
deemed to be matters of substance and must be substantially observed or
the election will be void. For any serious cause such as
1. Violence
Substantial observance is sufficient and slight variation will not invalidate 2. Terrorism
the election. (e.g. closing the polls a few minutes or an hour before time 3. Loss or destruction of election paraphernalia or records
fixed, will not invalidate where no one offered to vote after the polls were 4. Force majeure
closed). 5. Other analogous causes of such nature
6. That the holding of a free, orderly and honest election should
NOTICE OF ELECTION become impossible in any political subdivision
7. The Commission may motuproprio or upon a verified petition
Essential to the validity of the election; actual or constructive notice as to postpones the election.
the time, place and purpose 8. The commission shall fix a new election to a date which should be
reasonably close to the date of the election not held, suspended or
Substantial compliance with notice requirement Stricter in cases of which resulted in a failure;
special elections called by some authority after the happening of a
That the manner prescribed is intended simply to secure the correct result, A. CASTING OF VOTES
and that the manner is clearly subservient to the result;
METHOD OF VOTING
In elections the great matter is the result. When this is clearly ascertained,
it sweeps away all technicalities; 1. Voter must vote in person
2. Voter must vote only once
The machinery provided should be observed, but in so far as it is not 3. Voter need not vote the whole ticket
necessary to determine the result, it is directory and mandatory; 4. Absentee voting – RA 7166 – For president, vice-president and senators
only and shall be limited to AFP and PNP and other government officers
In pursuance of this idea, therefore, it is generally held that the regulations and employees who are duly registered voters and who, on election day
prescribed are directory merely, and that a failure to observe them fully will may temporarily be assigned in connection with the performance of
not invalidate the election, where an election has been held in good faith election duties to places were they are not registered voters.
and the irregularities do not affect the result;
VOTING HOURS
Where a special election is provided for, but no method of holding it is
declared, it will be sufficient if held in the method prescribed for holding Starts at 7am and ends at 3pm, except when there are voters present
general elections. within 30 meters in front of the polling place who have not yet cast their
votes, in which case the voting shall continue but only to allow said voters
OFFICIAL WATCHERS to cast their votes without interruption.
Every political party or coalition of political parties, and every candidate MANNER OF PREPARING THE BALLOT
shall be each entitled to one watchers in every polling place and
canvassing center; Voter can‟t speak to anyone inside polling place
Those belonging to the same political slate or ticker shall collectively be It is unlawful to prepare the ballot outside the voting booth or to show its
entitled to only one watcher – Panlalawigan, Panglungsod and bayan contents to any person or to erase any printing from the ballot or
intentionally tear or deface the same or put any distinguishing mark
There shall be 6 principal watchers, representing 6 accredited major
political parties, who shall be designated by the comelec upon nomination; Note: the May 10, 2010 automated elections required a bigger ballot
because of the number of national candidates (78) and party-lists (187)
The political parties shall be determined by the comelec on the basis of the
following circumstances: The voter may voluntarily disclose the contents of his ballot.
1. Established record of the said parties; their showing in the past
elections;
2. Number of incumbent elective officials belonging to them 90 days
before date of election;
Any voter or watcher may challenge any voter offering to vote on the
ground that the challenged person
CONSTITUTION, COMPOSITION AND APPOINTMENT OF BOARD OF The board of election inspectors shall determine whether there are marked
ELECTION INSPECTORS ballots, and, if any be found, the shall be placed in an envelope labeled
marked ballots, which shall be sealed and signed – shall not be counted;
The comelec shall, directly or through its fully authorized representatives,
Constitute a board of election inspectors for each precinct to be composed A majority of the board of election inspectors shall be sufficient to
of a chairman and a poll clerk who must be public school teachers; determine whether any ballot is marked or not;
Done at least 30 days before the date when the voters list is to be Evidence alliunde is not allowed to prove that a ballot is marked; an
prepared, in case of a regular election of fifteen days before a special inspection of ballot sufficient
election;
The comelec need not conduct an adversarial proceeding or a hearing to
The members of the board of election inspectors, whether permanent, determine the authenticity of the ballots or the hadwriting …
substitute or temporary, shall, before assuming their office, take and sign
an oath. PURPOSE OF DISALLOWING MARKED BALLOTS
POWERS OF THE BOARD OS ELECTION INSPECTORS It is a well-settled rule in election contests that marks which shall be
considered sufficient to invalidate the ballot are those which the voter
1. Conduct the voting and counting of votes himself deliberately placed in his ballot for the purpose of identifying it
thereafter;
2. Act as deputies of the comelec in the supervision and control of the
election, to assure the holding of the same in a free, orderly and honest Only in an unmistakable case where the ballot appeared to marked,
manner; should it be rejected. In the absence of evidence alliunde clearly showing
that the intention or plan was for purposes of identification, signs on ballots
3. Perform such other functions prescribed by the code or the rules and are presumed accidental.
regulations promulgated by the commission.
INSTANCES OF MARKED BALLOTS
COUNTING TO BE PUBLIC AND WITHOUT INTERRUPTION
The determinative factor in the nullification of ballots for being marked as
As soon as the voting is finished, the board of election inspectors shall following a design or pattern, is the existence of evidence aliunde tending
publicly count in the polling place the votes cast and ascertain the results. to show the intention or purpose in the use of the contested manner or
means of point, which is to identify the ballots.
The board of election inspectors shall not adjourn or postpone or delay the
count until it has been fully completed, unless otherwise ordered by the Instances where ballots not considered marked No ballot should be
comelec; declared null and void as marked unless there are clear and sufficient
reasons to justify such conclusion. The rule is in favor of the validity of the
The comelec may order the board of election inspectors to count the votes ballot.
and to accomplish the election returns and other forms prescribed under
the code in any other place within a public building in the same
municipality or city;
The BEI and chairman shall one by one read the names of candidates Board of election inspectors shall prepare in handwriting the election
voted for and the offices for which they were voted in assuming a position returns in their respective polling place, in the number of copies provided
as to enable all watchers to read such names. and in the form to be prescribed and provided by the constitution
The chairman shall sign and affix his right hand thumbmark at the back of ELECTION RETURNS – refers to the tally of votes counted at each
the ballot immediately after it is counted. precinct and sent to the city or municipal board of canvassers
rd
Poll clerk and the 3 member shall record on the election returns and tally In the election of President, Vice-president, Senators and party-list system
board the names voted for each of the offices copies of the election returns shall be distributed as follows: (Sec 19. RA
9369)
th st
Each vote corresponds to a vertical line, every 5 vote shall be recorded o 1 copy shall be delivered to the city or municipal board of
using a diagonal crossing the 4 lines. BEI members shall watch over the canvassers;
nd
chairman reading the votes and on the member tallying. o 2 copy, to the congress, directed to the President of the Senate;
rd
o 3 copy, to the COMELEC;
th
In case of discrepancy after every pile of 100 ballots, a recount shall be o 4 copy, to the citizen's arm authorized by the COMELEC to
made if necessary. conduct an unofficial count
th
o 5 copy, to the dominant majority party as determined by the
Ballots are grouped together again. COMELEC in accordance with law;
th
o 6 copy, to the dominant minority party as determined by the
After all piles have been read, the sum shall be recorded both on the tally Commission in accordance with law; and
th
board and on the election returns. o 7 copy shall be deposited inside the compartment of the ballot
box for valid ballots.
th
The counted ballots shall be placed in an envelope provided for the o 8 copy to the Provincial Board of canvassers;
th th
purpose, closed, signed and deposited in the compartment for valid o 9 to the 18 copies, shall be given to the 10 accredited major
ballots. national parties, excluding the dominant majority and minority
parties, in accordance with a voluntary agreement among them. If
The tall board or sheet as accomplished and certified by the BEI shall not no such agreement is reached, the Commission shall decide
be changed or destroyed. which parties shall receive the copies on the basis of the criteria
provided in Section 26 of Republic Act No. 7166;
th th
OTHER REQUIREMENTS ON COUNTING VOTES o 19 and 20 copies, to the 2 accredited major local parties in
accordance with a voluntary agreement among them. If no such
While tallying, the table shall be cleared of all unnecessary writing agreement is reached, the commission shall decide which parties
paraphernalia; violation of this requirement shall constitute an election shall receive the copies on the basis of criteria analogous to that
offense punishable under the Omnibus Election Code. provided in Section 26 of Republic Act No. 7166;
st th
o 21 to the 24 copies, to national broadcast or print media entities
The chairman shall first read the votes for national positions. as may be equitably determined by the Commission in view of
propagating the copies to the widest extent possible;
In the election of local officials and member of the House of DUTIES OF BOARD OF ELECTION INSPECTORS IN COUNTING THE VOTES
Representatives, copies of the election returns shall be distributed as
follows: (Sec 19. RA 9369) During the counting of the votes case, the election inspectors should not
st
o 1 copy shall be delivered to the city or municipal board of concern themselves with the eligibility of candidates;
canvassers;
nd
o 2 copy, to the Commission; Their duties should be confined to the:
rd
o 3 copy, to the provincial board of canvassers; o conduct of election,
th
o 4 copy, to the citizens' arm authorized by the Commission to o counting of the votes,
conduct an unofficial count; o certification of the results insofar as related to the certified
th
o 5 copy, to the dominant majority party as determined by the candidates;
Commission in accordance with law;
th
o 6 copy, to the dominant minority party as determined by the The counting of votes should be liberal in order that the will of the
Commission in accordance with law; and electorate may be effectuated. Voters should not be disenfranchised
th
o 7 copy shall be deposited inside the copy shall deposited inside retroactively for technical causes by the reviewing authorities.
the compartment of the ballot box for valid ballots.
th
o 8 copy to be posted conspicuously on a wall within the premises RULES FOR APPRECIATION OF BALLOTS
of the polling place or counting center;
th th
o 9 to the 18 copies, shall be given to the 10 accredited major LIBERAL CONSTRUCTION – laws governing elections contests
national parties, excluding the dominant majority and minority especially the appreciation must be liberally construed to the end that the
parties, in accordance with a voluntary agreement among them. If will of the electorate in the choice of public officials may not be defeated by
no such agreement is reached, the Commission shall decide technical infirmities
which parties shall receive the copies on the basis of the criteria
provided in Section 26 of Republic Act No. 7166; Cardinal objective of ballot of appreciation is:
th th
o 19 and 20 copies shall be given to the 2 accredited major local
parties in accordance with a voluntary agreement among them. If o To discover and give effect to, rather than frustrate the intention of
no such agreement is reached, the Commission shall decide the voters. Thus, in reading and appreciation of ballots, every
which parties shall receive the copies on the basis of criteria ballot shall be presumed to be valid unless there is clear and good
analogous to that provided in Section 26 of republic Act No. 7166; reason to justify its rejection
st th
o 21 to the 25 copies, to national broadcast or print media entities
as may be equitably determined by the Commission in view of
propagating the copies to the widest extent possible;
18. Where there are 2 or more candidates voted for in an office for which the 27. The accidental tearing or perforation of a ballot does not annul it
law authorizes the election of only one, the vote shall not be counted in
favor of any of them, but this shall not affect the validity of the other votes 28. Failure to remove the detachable coupon from a ballot does not annul it
therein.
29. A vote for the President shall also be a vote for the Vice President running
19. If the candidates voted for exceed the number of those to be elected, the under the same ticket of a political party, unless the voter votes for a Vice
ballot is valid, but the votes shall be counted only in favor of the President who does not belong to such party
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. Final judgment before the election for the votes of a disqualified candidate
to be considered “stray” is required
20. Any vote in favor of a person who has not filed a certificate of candidacy or
in favor of a candidate for an officer for which he did not present himself
shall be considered as a stray vote but it shall not invalidate the whole Villarosa v HRET
ballot
A candidate for Representative, used the initials or nickname of her husband as
21. Ballots containing the name of a candidate printed and pasted on a blank her nickname or stage name. Petitioner‟s use of the initials of her husband as her
space of the ballot or affixed thereto through any mechanical process are nickname or stage name was attended by bad faith and malice hence such act
totally null and void was not allowed. The Rule allows the use of a) a nickname and appellation of
affection and friendship, provided that it is accompanied by the first name or
22. Circles, crosses or lines put on the spaces on which the voter has not surname of the candidate, unless the nickname or appellation is used to identify
voted shall be considered as signs to indicate his desistance from voting the voter; and b) a nickname, which is not accompanied by the name or surname
and shall not invalidate the ballot of a candidate provided that it is the one by which the candidate is generally or
popularly known in the locality. In the case at bar, the candidate did not satisfy the
23. Unless it should clearly appear that they have been deliberately put by the 2 conditions hence votes under the initials cannot be counted as her vote. Also
voter to serve as identification marks, commas, dots, or hyphens between there are 3 kinds of votes are considered stray 1) vote containing initials only; 2)
st
the 1 name and surname of a candidate, or in other parts of the ballots, vote which is illegible; 3) a vote which does not sufficiently identify the candidate
st
traces of the letter “T,”, “J”, and other similar ones, the 1 letters or st
for whom it is intended. The 1 category of stray votes under this rule is not to be
rd
syllables of names which the voter does not continue, the use of 2 or more qualified by the 3 category in the sense that votes in initials only may be counted
kinds of writing and unintentional or accidental flourishes, strokes, or for a candidate provided that the initials only may be counted for a candidate
strains, shall not invalidate the ballot provided that the initials would sufficiently identify the candidate voted for. Such
Technicalities should not be permitted to defeat the intention of the voter The certificate shall contain the number of votes obtained by each
especially so if that intention is discoverable from the ballot itself; candidate written in words and figures, the number of the precinct, the
name of the city or municipality, province, the total numbers of votes who
The utmost liberality of construction must be observed in reading the voted in the precinct and the date and time issued, and shall be signed
ballots with a view to giving effect to the intention of the voters. and thumb marked by each member of the board
The minor blemishes found on the ballots including errors in spelling, the A certificate of votes does not constitute sufficient evidence of the true and
casual making of blurs and erasures, can be considered as affecting the genuine results of the elections, only election returns
validity of the ballot, where an honest intention on the part of the voter to
vote for certain persons is discernible in the ballot. With respect to errors WHAT CONSTITUTES AN ELECTION?
of spelling or lack of fitness in the written name, it may be said that no
honest mistake, due to ignorance or literacy, should be permitted to defeat PLURALITY OF VOTES SUFFICIENT FOR A CHOICE – A plurality of
the intention of the voter; the utmost liberality of construction must prevail. votes lawfully cast is sufficient to elect regardless of the actual number of
ballots cast but this principle is qualified by the important condition that it
QUESTION OF FACT – The appreciation of contested ballots and election must be a plurality of valid votes of a valid Constituency;
documents involves a question of fact best left to the determination of the
COMELEC; NOT NECESSARY THAT A MAJORITY OF VOTERS SHOULD VOTE –
Even though a minority only participated, yet, if the election be lawfully
It is the Constitutional commission vested with the exclusive original held, a plurality of the majority will elect. Those of the voters who remain
jurisdiction over election contests involving regional, provincial and city away from the polls are assumed to assent to the action of those who do
officials, as well as appellate jurisdiction over election protests involving attend, and those who do attend the election but fail to vote for any office
elective municipal and barangay officials. are presumed to assent to the action of those who do vote.
Congress upon determination of the authenticity and due execution thereof WHEN MINISTERIAL – the board of canvassers is a ministerial body
in the manner provided by law, canvass the votes. enjoined by law to canvass all votes on election returns submitted to it.
Person having the highest number of votes shall be proclaimed elected; o So long as the election returns have been accomplished in due
form, the board of canvassers, and on appeal therefrom, the
But in case two or more shall be an equal and highest number of votes, COMELEC, must include said returns in the canvass. If the returns
one of them shall forthwith be chosen by the vote of a MAJORITY OF ALL be regular, the duty of the board of canvassers consists in a
THE MEMBERS OF BOTH HOUSES OF CONGRESS, VOTING simple matter of arithmetic.
SEPARATELY.
o The Commission or the board of canvassers, in the canvass of
The Congress shall promulgate its rules for the canvassing of the votes, is without power to look beyond the face thereof, once
certificates. satisfied of their authenticity. Neither the Constitution nor the
statute has granted it such power.
ELECTION RESULTING IN A TIE
1. Whenever it shall appear from the canvass that 2 or more candidates have o It has only the ministerial task of tallying the votes as reported in
received an equal and highest number of votes; or the election returns and cannot exercise the judicial power of
deciding an election contest.
2. In cases where 2 or more candidates received the same number of votes for
the last place in the number to be elected. o Thus, where what is involved is purely mathematical and/or
mechanical error in the tabulation of the votes committed by the
The Board of Canvassers, after recording this fact in its minutes shall, by board of canvassers which is admitted by all parties, and which
resolution, upon 5 days notice to all the tied candidates, hold A SPECIAL does not involve any opening of the ballots boxes, examination
PUBLIC MEETING AT WHICH THE BOARD OF CANVASSERS shall and appreciation of ballots and/or election returns, and said error
proceed to the drawing of lots of the candidates who may be favored by was discovered sometime after proclamation, all that is required is
luck for the board to convene to rectify the error it inadvertently
committed in order that the manifest mistake in the mathematical
The candidate proclaimed shall have the right to assume office in same additional calls for a mere clerical task on the part of the board.
manner as if he had been elected by plurality of votes. The remedy is purely administrative.
The board of canvassers shall forthwith make a certificate stating the o The simple purpose of the canvassing board is to ascertain and
name of a candidate who had been favored by luck and his proclamation declare the apparent result of the voting. All other questions are to
on the basis thereof.
o Absence of any determination of irregularity in the election returns EVIDENCE ALIUNDE ADMISSIBLE TO DISPROVE FINDINGS – the fact
as well as order enjoining the canvassing and proclamation, it is of having a plurality of the votes lawfully case is what confers the title to
ministerial duty of the boars of canvassers concerned to count the the office, and it is always open for the party receiving such plurality,
votes based on such return and declare the results. unless otherwise expressly provided by law, to go behind the certificate or
the returns and to establish this fact before the appropriate tribunal,
WHEN QUASI-JUDICIAL – the board of canvassers, however is guided by although the canvassers may have decided otherwise.
election returns transmitted to it which are in due form and that they must
be satisfied of the genuineness of the returns, namely, that the papers COURT‟S DECISION PREVAILS OVER FINDINGS – between the
presented to it are not forged and spurious, and when the returns are determination by the trial court of who of the candidates won the elections
obviously manufactured, it will not be compelled to canvass them. and the finding of the Board of Canvassers as to whom to proclaim, it is
the court‟s decision that should prevail.
o it must be satisfied that the returns are genuine or authentic,
meaning trustworthy and not false. It may reject election returns
submitted to it for the purpose of the required canvass, if in its
opinion, they were “obviously manufactured,” or “contrary to all
probabilities,” or “utterly improbable and clearly incredible.”
o It is the duty of the board to suspend the canvass where there are
patent erasures and super-impositions in the words and figures on
the face of the election returns, or when another copy of the
statement of the election returns gives to a candidate a different
number of votes and such affects the result of the election, or
there is a difference between the votes of the same candidate
written in words and those written in figures, or the election return
is clearly falsified, or is not legible.
The ballots (about 20 cm wide and 64 cm long, printed back to back) are 1. Automated election system (AES) – system of using appropriate
precinct specific, meaning that each set of ballots can only be used in a technology which has been demonstrated in the voting, counting,
designated precinct. consolidating, canvassing, and transmission of election result, and other
electoral process;
o Those with erasures and extra markings are not accepted by the 2. Electronic transmission – conveying data in electronic form from one
counting machines location to other
3. Official ballot – where AES is utilized, refers to the paper ballot, whether
At the end of the voting, after the PCOS operator presses the “close printed or generated by the technology applied, the faithfully captures or
voting” option, the PCOS automatically generates a tally of votes and then represents the votes cast by a voter recorded or to be recorded in
electronically transmits the counted votes to the electronic form
municipal/city/district/provincial canvassing centers up to the national level. 4. Election returns – a document in electronic and printed form directly
The transmission of results is similar to text messages. produced by the counting or voting machine, showing the date of the
election, the province, municipality and the precinct in which it is held and
o In the olds manual elections, the election returns (ERs) from the votes in figures for each candidate in a precinct in areas where AES is
polling precincts were physically delivered to the canvassing utilized
centers. They could be changes by cheaters before delivery. 5. Statement of votes – a document containing the votes obtained by
Thus, the Certificates of Canvass would not be reflective of the candidates in each precinct in a city/municipality
true vote of the electorate. Even the COCs were claimed to have 6. City/municipal/district/provincial certificate of canvass – a document
been altered to favor favored candidates. in electronic and printed form containing the total votes in figures obtained
by each candidate in a city/municipality/district/province as the case may
The Boards of Election Inspectors have identification cards (ID) and be. The electronic certificates of canvass shall be the official canvass
passwords that the canvassing computers validate when the ERs are result in the aforementioned jurisdictions
received (by the Board of Canvassers). Interested parties would be able 7. Paper-based election system – type of automated election system that
to compare the ERs printed by PCOS machines with what received by the uses paper ballots, records and counts votes, tabulates,
BOARD OF ELECTION INSPECTORS The Commission shall set the deadline for the filing of certificate of
candidacy/petition of registration/manifestation to participate in the
Where AES shall be adopted, at least 1 member of the BEI shall be an election. Any person who files his certificate of candidacy within this
information technology capable person, who is trained or certified by the period shall only be considered as a candidate at the start of the campaign
Department of Science and Technology (DOST) to use the AES period for which he filed his certificate of candidacy
o Such certification shall be issued by the DOST, free of charge.
Unlawful acts or omission applicable to a candidate shall effect only upon
OFFICIAL BALLOT the start of the aforesaid campaign period.
COMELE shall prescribe the size and form of the official ballot which shall Any person holding a public appointive office or position, including active
contain the titles of the positions to be filled and/or the propositions to be members of the armed forces, and officers, and employees in GOCCs
voted upon in an initiative, referendum or plebiscite. shall be considered ipso facto resigned from his/her officer and must
vacate the same at the start of the day of the filing of his/her certification of
Under each position, the names of candidates shall be arranged candidacy
alphabetically by surname and uniformly printed using the same type size
Political parties may hold political conventions to nominate their official
A fixed space where the chairman of the BE shall affix his/her signature to candidate within 30 days before the start of the period for filing certificate
authenticate the official ballot shall be provided of candidacy.
The official ballots shall be printed by the National Printing office and/or ELECTION RETURNS
the Bangko Sentral ng Pilipinas at the price comparable with that of private
printers under proper security measures which the Commission shall Each copy of the of the printed election returns shall bear appropriate
adopt. control marks to determine the time and place of printing. Each copy shall
be signed and thumbmarked by all the members of the BEI and the
o The Commission may contract the services of private printers watchers present
upon the certification by the NPO/BSP that it cannot meet the
printing requirements. Accredited political parties and deputized If any member of the BEI present refuses to sign, the chairman of the
citizens‟ arms of the Commission may assign watchers in the board shall note the same copy in each copy of the printed election
printing, storage and distribution of official ballots returns.
To prevent the use of fake ballots, the Commission through the Committee o The member of the BEI concerned refusing to sign shall be
shall ensure that the serial number on the ballot stub shall be printed in compelled to explain his or her refusal to do so. Failure to explain
magnetic ink that shall be easily detectable by inexpensive hardware and an unjustifiable refusal to sign each copy of the printed election
shall be impossible to reproduce on a photocopying machine, and that
The election returns transmitted electronically and digitally signed shall be Each component municipality in a legislative district in the Metro Manila
considered as official election results and shall be used as the basis for area shall have a municipal boards of canvassers which shall canvass the
the canvassing of votes and the proclamation of a candidate votes for president, vice-president, senators, members of the House of
Representatives and elective municipal official by consolidating the results
After the electronic results have been transmitted additional copies not to electronically transmitted from the counting centers or the results
exceed 30 may be printed and given to requesting parties at their own contained in the date storage devices used in the printing of the election
expense. returns. Upon completion of the canvass, it shall prepare the certificate of
canvass of votes for president, vice-president, senators, members of the
CANVASSING BY PROVINCIAL, CITY, DISTRICT and MUNICIPAL BOARDS House of Representatives, and thereafter, proclaim the elected municipal
OF CANVASSERS officials.
The City or Municipal board of canvassers shall canvass the votes for the o The district board of canvassers of each legislative district
president, vice-president, senators, and parties, organization or coalitions comprising 2 municipalities in the Metro Manila area shall canvass
participating under the party-list system by consolidating the electronically the votes for president, vice-president, senators, and members of
transmitted results contained in the data storage devices used in the the House of Representatives by consolidating the certificates of
printing of the election returns. Upon completion of the canvass, it shall canvass electronically transmitted from the city/municipal
print the certificate of canvass of votes for president, vice-president, consolidating centers or the results contained in the data storage
senators and member of the House of Representatives and elective devices submitted by the municipal board of canvassers of the
provincial officials and thereafter, proclaim the elected city or municipal component municipalities. Upon completion of the canvass. It
officials, as the case may be. shall produce a certificate of the canvass votes for president, vice-
president, senators, and thereafter, proclaim the elected members
of the House of Representatives in the legislative district
During the counting, the Chairman, Secretary and Member shall position
themselves in such a way as to give the watchers and the public an
unimpeded view of the ballot being read by the Chairman, as well as the
Audit Return and Tally Boards being simultaneously accomplished by the
Secretary and Member, respectively.
COMELEC shall have EXCLUSIVE JURISDICTION over all pre- Controversy to be first heard and decided by a Division of the
proclamation controversies involving LOCAL elective officials. Commission
o EXCEPTION: pre-proclamation cases are not allowed in o Under the Constitution Art IX-C Sec 3: ―All election cases,
elections for President, Vice-President, Senator and member including pre-proclamation controversies x x x shall be heard
of the House of Representatives on matters relating to the and decided in division, provided that motions for
preparation, transmission, receipt, custody and appreciation reconsideration shall be decided by the Commission en
of election returns or the certificate of canvass, as the case banc.‖
may be, except as provided for in Sec. 30 thereof.
COMELEC division all such election cases
What is allowed is the correction of ―manifest errors first be heard and decided
in the certificate of canvass or election returns.‖ By
virtue, however, of the amendments introduced by COMELEC En banc does not have original
RA 9369, pre-proclamation cases involving the jurisdiction, or authority to hear and decide the
authenticity and due execution of certificates of same at the first instance. But a petition for
canvass are now allowed in elections for President, correction of manifest error in the Statement of
Vice-President, and Senators. Votes, or in the tabulation or tallying of the
Partial or total suspension or annulment of proclamation
o A summary proceeding does not mean that the Commission o A party seeking to raise issues (eg. fraud, vote-buying,
can do away with requirements of notice and hearing. terrorism, tampering and falsification) resolution of which
However, presentation of evidence before the COMELEC is would compel the Commission to pierce the veil, of the
not at all indispensable in order to satisfy the demands of election returns prima facie regular has his remedy in a
due process. regular election protest.
o Under Sec 18, RA 7166 all that is required is that the EXCEPTION – principle does not apply where there is prima facie
COMELEC shall dispose of pre-proclamation controversies showing that the return is not genuine.
―on the basis of the records and evidence elevated by the
board of canvassers.‖ o However, where election returns, though genuine or
authentic in character are reflective of fraudulent acts done
This is keeping with the policy of the law that cases before or carried out by the BEI, the returns would be
of this nature should be summarily decided and the deemed as ―obviously manufactured‖ which may be properly
will of the electorate as reflected on the election raised in a pre-proclamation controversy.
returns be determined as speedily as possible.
Where election returns obviously manufactured
Issues that may be raised
Correction of manifest errors in the tabulation or tallying of election
Not every question bearing or arising from the elections may returns or certificates of canvass is an issue that may be raised in a
constitute a ground for a pre-proclamation controversy. Under the pre-proclamation controversy.
If the integrity of the ballots have been violated, the COMELEC need The law is silent as to when the issue regarding errors on the
not recount the ballots but should seal the ballot box and order its Statement of Votes may be raised. However, any such error would
safekeeping in accordance with Sec 237 of the Omnibus Election affect the proclamation made on the basis thereof and primordially,
Code. in order to determine the true will of the electorate, the matter may
COMELEC Rules of Procedure which took effect on November 15, 3. A petition for recount must fail, in the absence of any clear showing
1988, provides that the matter of correction of the statement of votes or proof that the election returns, instances where a pre-proclamation
may be subject of pre-proclamation case which may be filed directly recount may be resorted to, granted the preservation of the integrity
with the COMELEC. of the ballot box and its contents are as follows:
Questions properly cognizable in an election protest i. canvassed are incomplete or contain material
defects,
Questions as those involving the appreciation of the votes and the ii. appear to have been tampered with, falsified or
conduct of the balloting, which require more deliberate and prepared under duress, and/or
necessarily longer consideration, are left for examination in the iii. contain discrepancies in the votes credited to any
corresponding election protest. candidate, the difference of which affects the result
of the election
1. Reopening of the ballot boxes is not a proper issue for a pre-
proclamation controversy but should be threshed out in an election Complete election returns whose authenticity is not in
protest question, must be prima facie considered valid for the
purpose of canvassing the same and proclamation of the
The Commission is duty to bound to investigate allegations winning candidates
of fraud, terrorism, violence and other analogous causes in
actions for annulment of election results or for declaration of To expand the issues beyond those enumerated under Sec
failure of elections. This, it may conduct technical 243 and allow a recount/reappreciation of votes in every
examination of election documents and compare and instance where a claim of misdeclaration of stray votes is
analyze voters‘ signatures and fingerprints in order to made would open the floodgates to such claims and
determine whether or not the elections had indeed there paralyze canvass and proclamation proceedings, given the
been free, honest, and clean propensity mandate that all pre-proclamation proceedings,
shall be heard summarily by the COMELEC after due notice
A pre-proclamation controversy is not the same as an action law‘s desire that the canvass and proclamation be delayed
for annulment of election results or declaration of failure of as little as possible.
elections
Held/ Doctrine: ONCE a competent tribunal has acquired a jurisdiction of an election protest
Petition is neither an election case nor a pre-proclamation controversy or a petition for quo warranto all questions relative thereto will have to be
Comelec en banc is only empowered to resolve MR of cases decided by a decided in the case itself and not in another proceeding, otherwise there will
Comelec division be a confusion and conflict of authority.
Velayo v. COMELEC
Distinction between action for declaration of failure of election and pre- Procedure is taken from section 20 RA 7166
proclamation controversy 1. Any candidate, political party or coalition contesting the inclusion or
exclusion in the canvass of any election returns (under Sec 234-236 of
Pre-Proclamation Controversy Failure of Election and Art. XIX of the Omnibus Election Code) shall submit their ORAL
annulment of election returns OBJECTION to the chairman of the board of canvassers when the
COMELEC is restricted to an COMELEC is duty bound to questioned returns are presented for inclusion in the canvass. Objection
examination of the election returns investigate allegations of fraud, recorded in the minutes of the canvass
on their face terrorism, violence and other
analogous causes 2. Upon receipt of objection, the board shall DEFER the canvass of the
COMELEC has no jurisdiction to COMELEC may conduct technical contested returns and proceed to canvass the uncontested returns.
go beyond election returns and examination of election documents a. simultaneous with the oral objection, written objections must also be
investigate election irregularities Compare and analyze voter‘s entered
signatures and fingerprints. b. w/in 24 hours from objection, must submit evidence attached to the
written objections
Remedy after winning candidate has been proclaimed c. w/in same 24 hours, any party may file written and verified
opposition to the objection, attaching supporting evidence; the
After proclamation and assumption of office by the candidate, a pre- board shall not entertain objection or opposition unless in writing
proclamation controversy no longer viable and should be dismissed because d. evidence attached admitted into the records of the board by the
the proper remedy is an electoral protest where parties are to present chairman affixing his signature at the back of each evidence
witnesses subject to the right of confrontation instead of mere affidavits to
settle the controversy once and for all. 3. upon receipt of evidence, the board shall take up the contested returns,
written objections thereto and opposition, and summarily RULE thereon
Proclaimed and installed candidate may be unseated when: (read Ruling by board on objections below)
1. opponent is adjudged true winner by final judgment of a court in the
election contest 4. adverse party INFORM the board of intention to appeal said ruling,
2. prevailing party is declared ineligible or disqualified by final judgment of a board shall enter said information in the minutes of the canvass, set
court in a quo warrantocase aside the returns and proceed to consider other returns
3. incumbent is removed from office for cause
4. proclamation is null and void as declared by COMELEC 5. after all uncontested returns have been canvassed and contested
returns ruled upon, board shall SUSPEND the canvass, and any
Contested composition or proceedings of the board of canvassers adverse party may file a written and verified NOTICE OF APPEAL with
the board w/in 48 hours from suspension, and an appeal may be taken
Parties adversely affected by the ruling of the board of canvassers on the to COMELEC w/in an non-extendible period of 5 days after filing of
composition or proceedings of the board may appeal the matter w/in 3 days notice.
from the ruling to COMELEC which will summarily decide w/in 5 days from
filing. 6. Upon receipt of notice, the board make a REPORT to Comelec,
elevating the complete records and evidence in the canvass, and
serving parties with copies of the report
Procedure in disposition of contested election returns
7. On the basis of records and evidence elevated, Comelec shall DECIDE
summarily the appeal w/in 7 days from receipt of records and evidence.
An appeal w/o the accomplished forms and evidence appended shall be
8. Board of canvassers shall not PROCLAIM any candidate as winner When is exclusion of election returns justified?
unless authorized by Comelec after ruling on the appeal of the losing To justify exclusion of election returns, the alleged threats etc. which
party,otherwise, the proclamation is void ab initio, unless the contested attended the preparation of said returns must have affected the
returns will not adversely affect the results of the election.( this regularity or genuineness of the contested returns. If the election
particular rule applies only to a void proclamation in relation to returns reflect the true results of the voting at precint level, any
contested returns and not to contested qualifications of a candidate) coercion and intimidation that may give rise to legal, and criminal
liability, will not justify the exclusion of the returns.
Requirements with respect to objections
Example: X obtained 5 votes in a precint, by reason of force and intimidation,
1. In written form with supporting evidence attached thereto. the BEI was compelled to make an entry of 50 votes for X. (in this case
Objections must be reduced in writing. Evidence must also be presented exclusion is proper) However, even if there is coercion and intimidation but
within 24 hours. Non compliance with the mandatory procedure will result in the same did not alter the returns, exclusion will not be justified.
the summary dismissal of the appeal. Petitioner has burden to prove that he
has aa) prima facie case for his objection and b) the evidence he will present Pre-proclamation cases
regarding the exclusion will change the results of the election.
1. Not allowed in elections for President, Vice President, Senator, and
A mere allegation that certain returns are altered or are spurious will not Members of the House of Rep but does not preclude the
operate to exclude it from canvassing canvassing body motuproprio or upon written complaint to correct
manifest errors in the certificate of canvass or election returns
2. Evidence must be CLEAR and CONVINCING before it
3. Reasons for the requirements: the requirements are crucial to the Questions affecting the composition or proceedings of the Board of
delivery of speedy and equitable relief in pre-proclamation Canvassers may be initiated in the board or directly with Comelec
controversy. under Sec 17 of RA 7166
Note: ABSENT any showing of grave abuse of discretion, findings of 2. Pre-proclamation cases on provincial, city and municipal offices shall be
COMELEC or any admin agency on this matter are binding on the SC. allowed and governed by sec 17-22 of RA 7166
Ruling by board on objections 3. General Rule: All pre-proclamation cases pending before Comelec
deemed terminated at the beginning of the term of the office involved
Board of Canvassers must make a written ruling on the formal and the rulings of the Board of Canvassers deemed affirmed, w/o
objections. Failure or refusal to do so not prejudice objecting party‘s prejudice to the filing of regular election protest by the aggrieved party.
right to elevate case to Comelec for proper review.
Exceptions: Proceedings may continue when based on the evidence,
When is a ruling improper or not necessary? Comelec determines that the petition is meritorious and shall order to
Board ruling not necessary or proper where the matter is beyond continue the proceedings, or when the Supreme Court orders the
its competence, such as inclusion or exclusion in the canvass of continuance in a petition for certiorari. Running of the period to file
election returns. Immaterial that the inclusion of votes would affect election protest suspended by the pendency of such cases before
the overall results, as long as the returns appear to be authentic Comelec or the SC.
and duly accomplished, the board cannot look beyond them to
verify irregularities in the casting or counting of votes. Board
Election Protest Quo Warranto (election) Actual and compensatory damages may be awarded in election
Purpose is to ascertain whether the Special Civil Action contests or quo warranto proceedings.
candidate proclaimed by the Board of
Canvassers is the true and lawful Institution of Election Contest:
choice of the electorate
It is a contest between the defeated Raises the issue of disloyalty An election contest may be an election protest or a quo warranto. While
and winning candidates on the or ineligibility of the winning these two are distinct remedies, they have a common objective: to dislodge a
grounds of Frauds/ Irregularities in the candidate winning candidate from office.
casting and counting of ballots, or in
the preparation of the returns. Right to institute election contest
It raises the questions of who actually It is a proceeding to unseat the
obtained the plurality of the legal respondent from office but not 1. Duties of Board of canvassers merely of ministerial nature and
votes, and, therefore entitled to hold necessarily to install the their certificate of election being the prima facie evidence of
the office petitioner in his place election, it is competent for a defeated candidate who has not
It can only be filed by a candidate ANY VOTER may initiate the caused or contributed to the irregularities or frauds, to institute
who has duly filed a certificate of action. proceedings for the determination of the title to the office.
candidacy and has been voted for in
the preceding elections Sec 250 of Omnibus Election Code: protest must be filed by a candidate who
―has duly filed his certificate of candidacy and has been voted for the same
office.‖ It does not require that the matter be specifically alleged in the
protest.
3. When candidate has been proclaimed as elected, taken his oath and c. The power to annul an election should be exercised with the
assumed the duties of his office, the remedy of the defeated candidate greatest care as it involves the free and fair expression of the
is not pre-proclamation contest but electoral protest, under the popular will. SC’s jurisdiction to review decisions and orders of
assumption of a valid proclamation. electoral tribunals (Comelec) operates only upon a clear
showing of grave abuse of discretion.
Null and void proclamation due to clerical error and simple mathematical
mistake in the addition of votes, and not through the legitimate will of the The annulment of an election on the ground of fraud, irregularities,
electorate, Comelechas authority to annul the canvass and the proclamation. and violations of election laws may be raised as an incident to an
election contest. Such grounds may be invoked in an election protest
Validity of proclamation may be challenged even after the irregularly case.
proclaimed candidate has assumed office. Once proclamation nullified,
case reverts to a pre-proclamation controversy. d. Execution pending appeal—Rules of Court allows RTC to order
execution pending appeal upon good reasons stated in the special
Election contest imbued with public interest order, can be applied to election protests (rule 41 Comelec rules of
procedure) decided by the courts.
1. Deep public interest to determine true choice of people – election Motion for execution pending appeal may be filed any time
contest imbued with public interest unlike an ordinary action. Time before the period for perfection of the appeal.
is of the essence in the disposition of an election protest. Neither
fair nor just that one whose right to the office is doubted should e. Pleading and Practice- the rules of civil procedure do not apply to
remain on that office for uncertain period.The COMELEC in order to election cases. They apply only by analogy or in a suppletory
do justice and truly determine the rightful winner in the elections, may character and whenever practicable and convenient. Election
suspend its rules if they stand in the way of finding the truth. Contests are subject to the COMELEC Rules of Procedure which
should be applied with LIBERALITY. It is not required that a petition
2. Election contest survives death of either party thereto—the right to a contesting the election of any municipal official be accompanied by a
public office is personal and exclusive to the public officer. BUT an certification of non-forum shopping.
election protest is NOT because it is imbued with public interest.
f. Winning candidate‘s qualification- To challenge the winning
3. Election laws liberally construed to the end that the will of the people in candidate‘s qualifications, the petitioner must clearly demonstrate
the choice of public officers may not be defeated by mere technical that the ineligibility is so patently antagonistic to constitutional
objections. principles and legal principles that overriding such ineligibility and
thereby giving effect to the apparent will of the of the people would
a. Failure to raise a ground in protest does NOT preclude Comelec ultimately create greater prejudice to the very democratic institutions
from rejecting the protest on that ground. It is not intended that the and juristic traditions that our Constitutions and laws so zealously
contest set forth the grounds of his protest with the same precision protect and promote.
as required of a pleading in ordinary civil cases.
What is a demurrer to evidence? Comelec shall decide the appeal w/in 60 days after it is submitted for
decision, but not later than 6 months after the filing of the appeal, which
A demurrer to evidence is an objection by a party to an action to the effect decision shall be final, unappealable, and executory.
that the evidence which his adversary produced is insufficient in point
of law to make out a case or sustain in the issue in the case. It is Motion for reconsideration in the trial court not allowed by the
equivalent to a motion to dismiss. Omnibus Election Code sec 26 and the Comelec Rules of Procedure sec
20 rule 35, thus its filing will not suspend the period to appeal.
Rules of Civil Procedure is not applicable to election cases except by
analogy or in suppletory character. Courts shall give preference to election contests over all other cases,
except those of habeas corpus, and shall hear and decide the case
Can the Rules on Demurrer to evidence be applied in election cases even by within 30 days from date of submission for decision but not later than 6
analogy or in suppletory character? NO months after filing.
The fact the electoral tribunal is the sole judge of all election contests * A combination of two or more of the above stated reasons will suffice to
involving members of Congress does not bar the SC from entertaining grant execution pending appeal.
petitions which charge the electoral body with grave abuse of discretion, * Section 2, Rule 39 of the Rules of Civil Procedure applies in suppletory
character to election cases. Thus, allowing execution pending appeal in the
4. President or Vice-President – SC en banc shall be the sole judge of discretion of the court.
all contests relating to election, returns, and qualifications of the P
and VP, and may promulgate its rules for the purpose. Distinctions between defective elections and defective returns
Assumption of Office During Pendency of Election Protest 1. Return is set aside only when it is tainted with fraud, or with the
misconduct of the election officers, that the truth cannot be
The pendency of an election contest is not a sufficient basis to enjoin one deduced from it. The duty still remains to let the election stand and
who has been proclaimed as duly elected from assuming office as required to ascertain from other evidence the true state of the vote.
of him by law, otherwise the efficiency of public administration would be
impaired. The return may be excluded and set aside at the cost of disenfranchising
the voters only on the clearest and compelling showing of their nullity,
Until the election protest is decided against the winning candidate, he otherwise, they shall be included and considered prima facie valid for the
has a lawful right to assume and perform the duties and functions of purpose of canvassing the same and proclaiming the winning candidate.
the office. Rules of Court allows execution pending appeal in election
cases upon good reasons. 2. Election is only set aside when it is impossible from any evidence w/in
reach to ascertain the true result.
Expiration of term of the office contested renders the election contest moot
and academic and is a ground for its dismissal, unless rendering of decision Annulment of an election can be justified where as a result of the irregularity
on the merits would be of practical value. many unqualified voters have their names inscribed in the official list, and it
was impossible to segregate the legal from the illegal votes.
Power to throw an election should be exercised with the greatest care and
only under circumstances w/c demonstrate beyond reasonable doubt that the
disregard of the law has been so fundamental that it is impossible to
To justify the exclusion of election returns, the alleged threats, Note: photocopies of ballots deemed not best evidence thereof.
intimidation or violence that attended the preparation of the said returns
must have affected the regularity or genuiness of the contested returns. 3. Poll-books and tally sheets –required by law to be kept showing who
has voted and who are legally entitled to vote, resort may be had to
Evidence on the election these books or sheets to ascertain the number of votes cast and persons
who have voted.
Rule on Evidence:
The protestant must stand or fall upon the issues he had raised in his original 4. Election officials—where the ballots not kept as required by law, after
or amended pleading filed PRIOR to the lapse of the statutory period for filing proof of loss of the tally sheets and poll-books, the evidence of the
of protest or counter protest. The court can only consider the evidence election officers may be received to show what was the result of the
presented prior to the submission of the case for decision or resolution. It election as counted and declared by them
must not take into account evidence presented therafter without obtaining
prior leave of court.
It is also evidence of the votes obtained by candidates. But it is not used English rule: If the ineligibility of the winner candidate was
where the integrity of the election returns is not in question. known to the voters, or if the fact were so notorious that they
must be presumed to have known it, the votes cast for him must
A certificate of votes does not constitute sufficient evidence of the NOT be counted, hence the eligible candidate having the next
true and genuine results of the election. ONLY election returns are highest number of votes must be deemed elected.
sufficient evidence pursuant to Sections 231, 233-236 and 238 of the
Omnibus Election Code. Philippine jurisdiction: The fact that a majority of the votes cast for
an ineligible candidate, or a candidate is later declared to be
7. Thumbprints of Voters- The Examination of Thumbprints may be disqualified, does NOT entitle the candidate with second highest
sanctioned by the SC, where a recount or revision of the ballots will not votes to be declared elected but results in the nullity of the election.
be reflective of the sovereign will due to the irregularities committed A permanent vacancy in the contested office is created which should
during the elections. be filled by succession.
Rules on the use of ballots as evidence as against election returns But if the electorate cast their votes in favor of the ineligible
candidate fully aware of the other candidate‘s qualification, the
Ballots cannot used to overturn the official count as reflected in the electorate are deemed to have thrown away their votes, and the
election returns unless it is first shown affirmatively that the ballots eligible candidate obtaining the next highest votes may be deemed
have been preserved with a care which precludes the opportunity of elected.
tampering and all suspicion of change, abstraction or substitution
Votes cast for a candidate are presumed to have been cast in the
The burden of proving the integrity of the ballot has been preserved belief that the candidate is qualified, thus such votes cannot be void.
in such a manner is on the protestant The subsequent finding of disqualification cannot retroact to the date
of elections so as to invalidate the votes cast for him.
Where a mode of preserving the ballots is enjoined by law, proof
must be made of such substantial compliance with that law Right of winner in an election contest to recover damages
It is only when the protestant has shown substantial compliance with Omnibus Election Code: Actual or compensatory damages may
the provisions of law on the preservation of the ballots that the be granted in all election contests or in quo warranto
burden of proving the actual tampering or the likelihood thereof shifts proceedings.
to the protestee
o Any person, association, corporation, group or community o Who come to an agreement concerning the vote-buying and
who solicits or receives, directly or indirectly, any vote-selling; and
expenditure or promise of any office or employment, public
or private, for any of the foregoing consideration. o Decide to commit it.
o Any person guilty of vote-buying and vote-selling who o Committed by any person who bets or wagers upon the
voluntarily gives information and willingly testifies on outcomes of, or any contingency connected with an election;
violations of Section 261 of the Omnibus Election Code,
shall be exempt from prosecution and punishment for the o Money or thing of value or deposit of money or thing of value
offense with reference to which the information and situated anywhere in the Philippine put as such bet or wager
testimony were given, without prejudice to his liability for shall be forfeited to the government.
perjury and false testimony.
5. Coercion of subordinates to vote for or against any candidate.
o The COMELEC is vested with the authority to exempt those
who have committed election offenses under Section 261 (a) o Committed by any public officer or any officer of any public
and (b)but volunteer to give informations and testify on any or private corporation or association, or any head, superior,
violation of said law in any official investigation or proceeding or administrator of any religious organization, or any
with reference to which his information and testimony is employer or landowner;
given.
Who coerces or intimidates or compels, or in any
o The immunity seeks a rational accommodation between the manner influences, directly or indirectly,
imperatives of the privilege against self-incrimination and the
legitimate demands of government to encourage citizens, Any of his subordinates or members or
including law violators, to testify against law violators. parishioners or employees or house helpers,
tenants, overseers, farm helpers, tillers, or
o The testimony of a voluntary witness operates as a pardon leaseholders;
for the criminal charges to which it relates. The law gives him
immunity from investigation and prosecution for any offense To aid, campaign, or vote for or against any
in Section 261 (a) and (b) with reference to which his candidate or any aspirant for the nomination or
information is given. selection of candidates.
o The power to grant exemptions is vested solely on the o Committed by any public officer or any officer of any
COMELEC. It is generally not subject to judicial review, commercial, industrial, agricultural, economic or social
unless the COMELEC commits a grave abuse of discretion enterprise or public or private corporation of association, or
amounting to excess or lack of jurisdiction. any head, superior or administrator of any religious
organization, or any employer or landowner;
Any subordinate member or affiliate, parishioners, 8. Appointment of new employees, creation of new positions,
employee or house helper, tenant, overseer, farm promotion, or giving salary increases within the election period.
helper, tiller or leaseholder;
o Committed during the period of 45 days before a regular
For disobeying or not complying with any of the election and 30 days before a special election;
acts ordered by the former to aid, campaign or
vote for or against any candidate, or any aspirant o Committed by any head, official or appointing officer of a
for the nomination or selection of candidates. government office, agency, instrumentality, whether national
or local, including GOCC;
6. Threats, intimidation, terrorism, use of fraudulent device or
other forms of coercion. Who appoints or hires any new employee, whether
provisional, temporary, or cause or creates and
o Committed by any person; fills any position EXCEPT upon prior authority of
the COMELEC.
o Who, directly or indirectly, intimidates or actually causes,
inflicts or produces any violence, injury, punishment, The Commission shall not grant the authority
damage, loss or disadvantage; sought unless
1. It is satisfied that the position to be filled is
o Upon any person or persons or that of the immediate essential to the proper functioning of the
members of his family, his honor or property, or uses any office or agency concerned, and
fraudulent device or scheme; 2. The position shall not be filled in a manner
that may influence the election.
o To compel or induce the registration or refraining from
registration of any voter, or the participation in a campaign, EXCEPTION: A new employee may be appointed in
or the casting of any vote or omission to vote, or any case of urgent need. In such case, notice of the
promise of such registration, campaign, vote, or omission appointment shall be given to the Commission within
therefrom. three days from the date of the appointment. Any
appointment or hiring in violation of this provision
If the election returns reflect the true results of the voting at shall be null and void.
the precinct level, any coercion and intimidation may give
rise to legal, including criminal liability but will not justify o Committed by any government official;
the exclusion of the returns.
Who promotes, or gives any increase of salary or
7. Coercion of election officials and employees. remuneration or privilege to any government official
or employee, including those in GOCC.
o Committed by any person;
o Committed by any appointing authority who appoints or any o Any printing press, radio, television station or audiovisual
person who utilizes the services of special policemen, equipment operated by the Government or by its
special agents, confidential agents or persons performing subdivisions, agencies or instrumentalities, including GOCC,
similar functions; persons previously appointed as special or by the AFP; or
policemen, special agents, confidential agents or persons
performing similar functions who continue acting as such, o Any equipment, vehicle, facility, apparatus, or paraphernalia
and those who fail to turn over their firearms, uniforms, owned by the government or by its political subdivisions,
insignias and other badges of authority to the proper officer agencies, including GOCC, or by the AFP for any election
who issued the same. campaign or for any partisan political activity.
At the start of the aforementioned period, the barangay captain, 17. Carrying deadly weapons within the prohibited area.
municipal mayor, city mayor, provincial governor or any appointing
authority shall submit to the COMELEC a complete list of all special o Committed by any person
policemen, special agents or persons performing similar functions in
the employ of their respective political subdivisions, with such o Who carries any deadly weapon in the polling place and
particulars as the Commission may require. within the radius of 100 meters thereof during the days and
hours fixed by law for the registration of voters in the polling
15. Illegal release or prisoners before and after election. place, voting, counting of votes, or preparation of election
returns.
o Committed by the Director of the Bureau of Corrections, any
provincial warden, the keeper of the jail or the person or o However, in cases of affray, turmoil or disorder, any peace
persons required by law to keep prisoners in their custody officer or public officer authorized by the COMELEC to
supervise the election is entitled to carry firearms or any of
o Who illegally orders or allows any prisoner detained in the other weapon for the purpose of preserving order and
national penitentiary, or the provincial, city or municipal jail to enforcing the law.
leave the premises thereof 60 days before and 30 days after
the election. o To support conviction, it is not necessary that the deadly
weapon should have been seized from the accused while he
The municipal or city warden, the provincial warden, the keeper of was in the precinct or within a radius of 100 meters
the jail or the person or persons required by law to keep prisoners in therefrom. It is enough that the accused carried the deadly
their custody shall post in three conspicuous public places a list of weapon ―in the polling place and within a radius of 100
the prisoners or detention prisoners under their case. Detention meters thereof.‖
prisoners must be categorized as such.
o This prohibition SHALL NOT APPLY to cashiers and During the campaign period, on the day before
disbursing officers while in the performance of their duties or and on election day;
to persons, who by nature of their official duties, profession,
business or occupation habitually carry large sums of money The prohibition shall not apply when said member
or valuables. is in pursuit of a person who has committed or is
committing a crime in the premises he is guarding;
19. Use of armored land vehicle, water or aircraft during the or when escorting or providing security for the
campaign period. transport of payrolls, deposits, or other valuables;
or when guarding the residence of private persons
o Committed by any person or when guarding private residences, building, or
offices. (Prior written approval of the COMELEC
o During the campaign period, on the day before and on shall be obtained. The Commission shall decide all
election day applications for authority within 15 days from the
date of the filing of such application.)
o Uses any armored land, water, or aircraft;
o Committed by any member of the AFP, special forces, home
o Provided with any temporary or permanent equipment or any defense forces, barangay self-defense units and all other
other device or contraption for the mounting or installation of para-military units that now exist or which may hereafter be
canons, machine guns and other similar high caliber organized
firearms, including military – type tanks, half trucks, scout
trucks, armored trucks, of any make or model, whether new, Who wears his uniform or bears arms outside the
reconditioned, rebuilt or remodeled. camp, garrison or barracks to which he is
assigned or detailed or outside their homes, in
Banking or financial institutions and all business firms may use not case of para-military units, UNLESS:
more than 2 armored vehicles strictly for, and limited to, the purpose 1. The President of the Philippines shall have
of transporting cash, gold bullion, or other valuables in connection given previous authority therefore; and
with their business from and to their place of business, upon 2. The COMELEC authorizes him to do so,
previous authority of the COMELEC. which authority it shall give only when
necessary to assist in maintaining free,
orderly and honest elections, and only after
due notice and hearing.
i. Being ineligible for appointment as member of any Board of Persons criminally liable:
Election Inspectors or Board of Canvassers accepts an
appointment to said body, assumes office, and actually serves 1. The principals, accomplices and accessories as defined by the RPC
as a member thereof, or any public officer or any person acting shall be criminally liable for election offenses;
in his behalf who appoints such ineligible person knowing him
to be ineligible; 2. If one responsible be a political party or an entity, its president or
ii. In the presence or within the hearing of any Board of Election head, the officials and employees of the same, performing duties
Inspectors or Board of Canvassers during any of its meetings, connected with the offense committed and its member who may be
conducts himself in such a disorderly manner as to interrupt or
1. The necessary penalty of temporary absolute disqualification a. Tampers, increases, or decreases the votes received by a
disqualifies the convict from public office and from the right to vote, candidate in any election or any member of the board, who
such disqualification to last only during the term of the sentence; refuses, after proper verification and hearing, to credit the
correct votes or deduct such tampered votes;
2. The accessory penalty of perpetual special disqualification for
exercise of suffrage deprives the convict of the right to vote or to be b. Refuses to issue duly accredited watchers and certificate of
elected or hold public office perpetually, as distinguished from votes after the counting of the votes cast and announcement
of results of the election.
Other election offenses under the Absentee Voting Act of 2003 These prohibited acts are electoral offenses and punishable in the
Philippines.
1. Any officer or employee of the Philippine government who influences
or attempts to influence any person covered by the Act to vote, or not The penalties imposed under Section 264 of the Omnibus Election Code as
to vote, for a particular candidate. Nothing in the Act shall be amended, shall be imposed on any person found guilty of committing any of
deemed to prohibit free discussion regarding politics or candidates the prohibited acts as defined above. The penalty of prision mayor in its
for public office minimum period shall be imposed upon any person found guilty under 2(b)
2. Any person who without the benefit of the operation of the Indeterminate Sentence Law. If the
a. Deprives any person of any right secured in the Act, or to offender is a public officer or a candidate, the penalty shall be prision mayor
give false information as to his/her name, address, or period in its maximum period. In addition, the offender shall be sentenced to suffer