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Election Laws Reviewer registration of a petition singed by a

Definition: required percentage of the qualified voters.

Suffrage– the right and obligation of Since the right of suffrage is a political and
qualified citizens to vote in the election of not a natural right, it is within the power of
certain national and local of the the state prescribe the manner in which
government and in the decisions of public such right shall be exercised. Congress is
questions submitted to the people. It mandated by the Constitution (Sec.2, Art.
includes within its scope: election, V):
plebiscite, initiative, referendum and recall.
To provide a system for securing the
Election– the means by which the people secrecy and sanctity of the ballot, and for
choose their officials for a definite and fixed absentee voting by qualified Filipinos
period and to whom they entrust for the abroad, and
time being as their representatives the
exercise of the powers of the government, It To design a procedure for the disabled and
involves the choice of selection of the illiterate to vote without the assistance
candidates to public office by popular vote. of other persons.

Plebiscite– a vote of the people expressing
their choice for against a proposed law or THE COMMISSION ON ELECTIONS
enactment submitted to them. An election
at which any proposed amendment to or Composition, Qualifications, Appointment,
revision of the Constitution is submitted to Term of Office
the people for their ratification. A
constitutional requirement o secure the The COMELEC is composed of a chairman
approval of the people directly affected, and six (6) Commission, The Chairman and
before certain proposed changes affecting the Members of the Commission shall be:
local governments units may be
implemented. • natural -born citizens of the Philippines

Initiative– it is the process by which the • at least thirty-five years of age
registered voters directly propose, amend
laws, national or local, though an election • holders of a college degree
called for the propose. Amendments to the
Constitution may likewise be directly • must not have been candidates for any
proposed by the people though initiative. elective position in the immediately
preceding election
Referendum- it is at he submission of a law
pass by the national or local legislative body • majority thereof, including the Chairman
to the registered voters of an election called shall be members of the Philippines Bar
for the purpose for their ratification or who have been engaged in the practice of
rejection. law for at least 10 years (reason: COMELEC
exercises quasi-judicial powers)
Recall- it is a method by which a public
officer may be removed from office during The Chairman and Members are appointed
his tenure or before the expiration of his by the president with the consent of the
term by a vote of the people after commission on Appointment for the term
seven (7) years without reappointment on a
staggered basis to make the COMELEC a The chairman and members cannot be
continuing and self-perpetuating body. removed except by impeachment.
Consequently, its members would have the
benefit of the experience and expertise of The chairman and members are given fairly
the order members of the performance of its long term of office of seven years.
functions, and makes for greater
responsibility for its policies and decisions
and serve as guarantee against arbitrary The chairman and members may not be
action which is likely to occur in a body reappointed or appointed in an acting
handling partisans questions. capacity.

A member appointment and designations in The salaries of the chairman and members
temporary or acting capacity are not are relatively high and may not be
allowed to preserve its independence. decreased during continuance in office.

Disabilities, inhibitions\disqualifications The COMELEC enjoy fiscal autonomy.

1. Shall not, during tenure, hold any other The COMELEC may promulgate its own
office or employment procedural rules, provided they do not
diminish, increase or modify substantive
2. Shall not engage in the practice of rights (though subject to disapproval by the
profession Supreme Court)

The Chairman and Members are subject to
3. Shall not engage in active management certain disqualifications calculated to
or control of any business which in any ay strengthen their integrity.
may be affected by the functions of his
office The COMELEC may appoint their own
officials and employees in accordance with
4. Shall not be financially interested, Civil Service Laws.
directly or indirectly, in any contract with,
or in any franchise or privilege granted by En Banc & Division Cases
the Government, any of its subdivisions,
agencies or instrumentalities, including SEC 3, ART IX-C “The COMELEC may sit
GOCC s or their subsidiaries. en banc or in two divisions, and shall
promulgate its rules of procedure in order
Safeguards to insure the independence of to expedite disposition of election cases,
the COMELEC including pre-proclamation controversies.
All such election cases shall be heard and
It is constitutionally created; may not be decided in division, provided that motions
abolished by statute for reconsideration of decision shall be
decided by COMELEC en banc”
It is expressly described as “independent”
The Supreme Court set aside the
It is conferred with certain powers and resolutions/decisions of the COMELEC
functions which cannot be reduced by because dthe COMELEC en banc tokk
statute. original cognizance of the cases without
referring them first to the appropriate
Division (Sarmiento vs. COMELEC 212 ART IX-A, Section 7 “Each
SCRA 307; Zarate vs COMELEC, 318 SCRA commission(COMELEC) shall decide by a
608) majority vote of all its Members any case or
matter brought before it within sixty days
Interlocutory orders issued by a division of from date of its submission for decision or
the COMELEC cannot be elevated to the resolution. A case or matter is deemed
COMELEC en banc. (Kho vs. COMELEC, submitted for decision or resolution upon
279 SCRA 463) the filing of the last pleading, brief, or
memorandum required by the rules of the
The following cases must be decided in Commission or by the Commission itself.
Division before they may be heard en bnc Unless otherwise provided by the
on motion for reconsideration: Commission or by law; any decision, order,
or ruling of each Commission may be
• Petition to cancel a certificate of brought to the Supreme Court on certiorari
candidacy. (Garvida vs. Sales, 271 SCRA by the aggrieved party within 30 days from
764) receipt of a copy thereof.”

• Cases appealed from the RTC or MTC The COMELEC shall decide by a majority
(Zarate vs. COMELEC,318 SCRA 608) vote of all its members in any case or
matter brought before it within 60 days
• Petition for certiorari involving incidental from date of its submission for decision or
issues of election protest.(Soller vs. resolution. Two members shall constitute a
COMELEC,339 SCRA 685) quorum for the transaction of the official
business of the Division. A case being heard
by it shaa be decided with the unanimous
The COMELEC en banc, however, may concurrence ofc all three Commissioners
directly assume jurisdiction over petitions and its decision shall be considered a
for correction of manifest errors in the decision of the commission. If this required
tabulation or tallying of results (Ststement number is not obtained, as when there is a
of votes) by the Board of Canvassers, dissenting opinion, the case may be
notwithstanding that the same is a pre- appealed to the Commission en banc, in
proclamation comtroversy. Section 5, Rule which case the vote of the majority shall be
27 of the 1993 Rules of the COMELEC the decision of the Commisssion.
expressly provides that pre-proclamation
controversies involving correction of The court holds that 2-1 decision rendered
manifest errors in the tabulation of results by the First Division was a valid decision
may be filed directly with the COMELELEC under ART IX-A ,Section 7 of the
cen banc. (Torres vs. COMELEC,270 SCRA Constitution. Furthermore, the three
583; Ramirez vs. COMELEC,270 SCRA 590) members who voted to affirm the First
Division constituted a majority of the five
members who deliberated and voted
The COMELEC en banc determines the thereon en banc and their decision is also
existence of probable cause.(Faelnar vs. valid under the aforecited constitutional
COMELEC,331 SCRA 429) provisions. (Cua vs. COMELEC, 156 SCRA

One who is no longer a member of the The COMELEC has exclusive appellate
COMELEC at the time the final decision or jurisdiction over,inter alia, contest involving
resolution is promulgated cannot validly elective barangay officials decided by trial
take part in that resolution or courts of limited jurisdiction.(Beso vs.
decision,much more could he be the abolla,327 SCRA 100)
ponente of the resolution or decision.(Ambil
vs. COMELEC, 344 SCRA 358) The provision of RA 6679 granting appellate
jurisdiction to the RTC over decisions of
RULES OF PROCEDURE MTCs in electoral cases involving elective
barangay officials is unconstitutional.
The COMELEC en banc may promulgate its (Flores vs. COMELEC,184 SCRA 484)
own rules concerning pleadinga and
practice before it or before any of its offices. The COMELEC is the proper appellate court
Such rules, however, shall not clothed with jurisdiction to hear the appeal,
diminish,increase or modify substantive which must first be filed wiyhin 5 days after
rights. The Rules of Court applies the promulgation of the MTCs
suppletorily to proceedings before the decision(Antonio vs. COMELEC,315 SCRA
COMELEC. (Paangarungan vs. 62)
The election of SK are goverened by the
CONSTITUTIONAL POWERS AND Omnibus Election Code. Any contest
FUNCTIONS relating to the election of the SK (including
the chairman whether pertaining to their
• Enforce and administer laws relative to eligibility or the manner of their election is
conduct of elections cognizable by MTCs,MTCCs, and MeTCs. It
is the proclamation which marks off the
The regular courts have no jurisdiction to jurisdiction of the courts from the
entertain a petition to enjoin the jurisdiction of election officials. (Marquez
construction of public works projects within vs. COMELEC, 313 SCRA 103)
45 days before an election.(Gallardo vs.
Tabamo,218 SCRA 253) The COMELEC has appellate jurisdiction
over election protest cases involving elective
• Decide election contests involving municipal officials decided by courts of
regional, provincial and city officials general jurisdiction. (Carlos vs. Angeles,346
SCRA 671)
ELECTION CONTEST refers to the
adversary proceedings before which matters • Decide all questions affecting elections
involving the title or claim to an elective
office made before or after proclamation of The COMELEC has no jurisdiction over
the winner,is settled whether or not the questions involving the right to vote which
contestant is claiming the office in dispute. includes qualifications and disqualifications
It is neither a civilk action nor crimianal of voters, the right of a person to be
proceeding;it is a summary proceeding of a registered as voter, the right to cast his
political character. Its purpose is to vote, and other allied questions. Such
ascertain the candidate lawfully elected to questions shall be decided by the courts.(
office.(Javier vs. COMELEC,144 SCRA 194) Naciionalista Party vs. COMELEC, 84 Phil
Election contests involving elections of SK media of communication or information, all
officials do not fall within section 252 of the grants special privileges, or concessions
OEC and paragraph 2,section ART.IX-C of granted by the Government or any
the Constitution and no law in effect prioir subdivision, agency or instrumentality
tom the ratification of the constitution has thereof, including any government-owned
made the SK Chairman an elective or controlled corporation or its subsidiary.
barangay official. SK elections are under Such supervision or regulation shall aim to
the direct control and supervision of the ensure equal opportunity, time, and space
DILG. (Ahman vs. Mirasol,276 SCRA 501) and the right to reply, including reasonable
Decisions/determinations made by the equal rates therefor, for public information
COMELEC in the exercise of this power, campaigns and forums among candidates
being merely administrative(not quasi in connection with the objective of holding
judicial) in character, may be questioned in free, orderly, honest, peaceful, and credible
an ordinary civil action before the trial elections.
courts.(Filipinas Engineering vs. Ferrer,135
SCRA 25) The authority given to the COMELEC is to
be exercised ofr the purpose of ensuring
• Deputize law enforcement agencies with free, orderly, honest, peaceful and credible
the concurrence of the President elections and only during the election
period. Note that GOCCs are among those
• Register political parties and accredit its that may be supervised and regulated by
citizens arms the COMELEC.

• File petitions, investigate and prosecute The SC upheld the validity of Section 11(b),
RA 6646, prohibiting the sale odr donation
• Recommend measures to improve election of print space or airtime for political
laws advertisements, and the authority of the
COMELEC to procure print space (upon
• Recommend the imposition of disciplinary payment of just compensation) and free
action upon an employee it has deputized airtime for allocation to
for violation of its order. candidates.(Telecommunication and
Broadcast Attorneys of the Philippines vs.
Since the COMELEC can recommend that COMELEC,289 SCRA 33)
disciplinary action be taken against an
officer it had deputized, idt can investigate An exit poll is a species of electoral survey
an administrative charge against such an conducted by qualified individuals or
officer to determine whether or not it groups of individuals for the purpose of
should recommend that disciplinary action determining the probable result of an
can be taken against him (Tan vs. election by confidentially asking randomly
COMELEC,237 SCRA 353) selected voters whom they have voted for,
immediately after they have officially cast
• Regulation of public entities and media- their ballot.(ABS-CBN Broadcasting
corporation vs. COMELEC,323 SCRA 811)
Section 4, IX-C “The Commission may,
during the election period, supervise or An absolute prohibition would be
regulate the enjoyment or utilization of all unreasonably restrictive,because it
franchises or permits for the operation of effectively prevents the use of exit poll data
transportation and other public utilities, not only for election-day projections,but
also for long term research. The COMELEC province is created out of it and does not
concern with the possible non authorize the COMELEC to transfer
communicative effect of exit polls-disorder municipalities from one legislative district
and confusion in the voting centers- does to another. (Montejo,supra)
not justify a total ban on them. The holding
of exit polls and the dissemination of their • Pardon violators of election laws.
results through mass media constitute an
essential part of freedom of speech and of • Promulgate rules of procedure concerning
the press. The reason behind the principle pleadings and practice before it or any of its
of ballot secrecy is to avoid vote buying offices.
through voter identification (ABS-CBN • Submit report on how a previous elections
Broadcasting Corporation vs. COMELEC) was conducted.

The SC held that SEC 5.4 of the Fair STATUTORY POWERS
Election Act prohibiting publication of
survey results 15 days immediately 1. Power to declare failure of election and
preceding a national election and 7 days call for special election.
before a local election violates the
constitutional rights of 2. Exclusive original jurisdiction over all
speech,expression,and the press because: pre-proclamation controversies.
a. It imposes prior restraint on the freedom
of expression; 3. Issue writs of certiorari, prohibition
b. It is a direct and total suppression of the
category of expression even though such The COMELEC has the authority to issue
suppression is only for a limited period; and extraordinary writs of certiorari, prohibition
c. The governmental interest sought to be and mandamus in aid of its exclusive
promoted can be achieved by means other appellate jurisdiction.
than the suppression of freedom of
expression. (Social Weather Station vs. Both the SC and the COMELEC have
Comelec, GR No. 147571, May 5,2001) concurrent jurisdiction to issue writs of
certiorari, prohibition, and mandamus over
• Make minor adjustments of the decisions of trial courts of general
apportionment of legislative districts. jurisdiction in election cases involving
elective municipal officials. The court takes
This refers mainly to the power to correct jurisdiction first shall exercise exclusive
an error because of the omission of a jurisdiction over the case. (Carlos vs.
municipality or an error in the name of a Angeles, 346 SCRA 571)
municipality and does not include the
power to make a reappointment of 4. Summons parties to a controversy
legislative districts. (Montejo vs. pending before it
5. Enforce and execute its decisions and
• Adjust the apportionment in a case of orders
creation of new provinces or cities.
6. Punish contempts provided for in the
The COMELEC is merely authorized to Rules of Courts.
adjust the number of congressmen
apportioned to an old province if a new
The COMELEC has the power to cite for factual findings of the COMELEC. (Aratuc
contempt, but this power may be exercised vs. COMELEC,88 SCRA 251)
only while the COMELEC is engaged in the The mode by which a decision, order or
performance of quasi-judicial functions and ruling en banc may be elevated to the SC is
not administrative functions.(Guevarra vs. the civil action of certiorari under Rule 65
COMELEC, 104 PHIL 269 and Masangcay of the 1964 Revised Rules of Court, now
vs. COMELEC, 6 SCRA 270) expressly provided in Rule 64, 1997 Rules
of Civil Procedure, as amended. (Ambil vs.
7. Promulgate rules and regulations COMELEC,344 SCRA358)
implementing the Election Code A special civil action for certiorari is the
proper remedy to question any final order,
8. Exercise direct and immediate ruling and decision of the COMELEC
supervision and control over officials rendered in the exercise of its adjudicatory
required to perform duties relative to the or quasi-judicial powers.(Guerero vs.
conduct of election. COMELEC,336 SCRA 458)
What is contemplated by the term “final
9. Prescribe forms to be used in the election orders, rulings and decisions” of the
COMELEC reviewable by certiorari by the
10. Procure any supplies, equjipment, Suprerme Court as provided by law are
materials or services needed for the holding those rendered in actions or proceedings
of election before the COMELEC and taken cognizance
of by the said body in the exercise of its
11. Prescribe the use or adoption of the adjudicatory (or quasi-judicial) powers.
latest technological and electronic devices (Salva vs. Makalintal, 340 SRA 506)
COMELEC Resolution No. 2987 which
12. Carry out continuing and systematic provides for the rules and regulations
campaign to educate the public about governing the conduct of plebiscite, is not
elections issued pursuant to the COMELEC’s quasi-
judicial functions but merely as an incident
13. Fix other reasonable periods for certain of its inherent administrative functions over
pre-election requirements. the conduct of plebiscites, and any question
pertaining to the validity of said resolution
14. Enlist non-partisan groups to assist. may be well taken in an ordinary civil
action before the trial courts.(Salva ,supra)
The alleged nature or the COMELEC to
JUDICIAL REVIEW OF DECISIONS implement its resolution ordering the
Any decision, order or ruling of the deletion of a candidate’s name in the list of
COMELEC en banc may be brought to the qualified candidates does not call for the
SC on certiorari by the aggrieved party exercise of the SC’s function of judicial
within 30m days from receipt of the copy review as it is undoubtedly administrative
thereof. When the Supreme Court reviews a in nature, beyond judicial
decision of the COMELEC, the court interference.(Chavez vs. COMELEC, 211
exercises extraordinary jurisdiction, thus SCRA 315)
the proceeding is limited to issues involving A resolution of the COMELEC awarding a
grave abuse of discretion resulting in lack contract for the supply of voting booths to a
or excess of jurisdiction and does not private party, as a result of its choice
ordinarily empower the court to review the among various proposals submitted in
response to its invitation to bid, is not
reviewable by certiorari as it is not order by reason of occupation, profession,
rendered in the legal controversy before it employment in public or private service,
but merely as incident to its inherent educational activities, work in the military
administration functions over the conduct or naval reservations within the Philippines,
of elections. Any question arising from said service in the AFP, PNP or confinement or
order may be taken in an ordinary civil detention in government institutions, shall
action. (Filipinas Engineering vs. not deemed to have lost his original
COMELEC, 344 SCRA 358) residence. (Sec. 9, RA 8189)
In election cases, the Supreme Court treats
The Supreme Court has no power to review domicile and residence and residence as
via certiorari, an interlocutory order or even synonymous terms. In order to acquire a
a final resolution of a Division of the new domicile by choice, there must concur
COMELEC. (Ambil vs. COMELEC, 244 (1) residence or bodily presence in the new
SCRA 358) locality;(2) an intention to remain there;
and (3) an intention to abandon the old
A decision, order or resolution of a division domicile. The residence at the place chosen
of the COMELEC must be reviewed by the for the new domicile must be actual.
COMELEC en banc decision may be (Romualdez vs. RTC,226 SCRA 406)
brought to the supreme Court on certiorari.
(Ambil vs. COMEL, 358)


Qualification for Suffrage Disqualifications

Filipino citizenship- it may be by birth or 1. Any person sentenced by the final
naturalization. judgment to suffer imprisonment for not
less than one year.
Age- a person may be registered as a voter
although he is less than 18 years at the 2. Any person adjudged by the final
time of registration if he will be at least 18 judgment of having committed
on the day of election.
(a) any crime involving disloyalty to the
Residence- at least 1 year in the government or
Philippines, and at least 6 months where he (b) any crime against national security
proposes to vote immediately preceding the (c) firearms laws.
election. Any person who, on the days of
registration may not have been reached the 3. Insane or incompetent persons as
required period of residence but who, on declared by competent authority.
the day of election shall possess such
qualification, may register as voter. Removal of disqualification for conviction
No literacy, property or other substantive
requirement shall be imposed on the • Plenary pardon
exercise of suffrage.
Any person who temporarily resides in • Amnesty
another city municipality or country solely
• Lapse of 5yaers after service of sentence ii. Regional Trial Court – appellate
(Sec.111, RA 8189) jurisdiction (5 days) (Sec. 33, RA 8189)
iii. Supreme Court – appellate jurisdiction
System of Continuing Registration over RTC on question of law (15 days) [Sec.
5(2)(e), Art. VIII, PC; Sec. 2, Rule 45 of the
The personal filing o application of Rules of Court.]
registration of voters shall be conducted
daily in the office of the Election Office 2. Petitioners
during regular office hours. No registration
shall, however, be conducted during the a. Inclusion
period starting 120 days before a regular
election and 90 days before a special Private person whose application was
election. (Sec. 8, RA 8189) disapprove by the Election Registration
Board or whose name was stricken out
The Supreme Court upheld the validity of from the list of waters (Sec. 34, RA 8189)
the COMELEC resolution denying the COMELEC [Sec. 2(6), Art. IX-C, PC]
petition of certain youth sectors to conduct
a special registration: “Petitioners were not
denied the opportunity to avail of the b. Exclusion
continuing registration under RA 8189..the
law aids the vigilant and not those who i. Any registered voter in city or
slumber on their rights… municipality
ii. Representative of political party
“In a representative democracy the right of iii. Election Officer (Sec. 39, RA 8189)
suffrage, although afforded a prime niche in iv. COMELEC [Sec. 2(6), Art. IX – C, PC]
the hierarchy of right embodied in the
fundamental law., ought to be exercised 3. Period for Filing
within the proper bounds frames and
framework of the Constitution and must a. Inclusion – Any day except 105 days
properly yield to pertinent laws skillfully before regular election or 75 days before a
enacted by the Legislature…” special election. (Sec. 24, RA 8189)
b. Exclusion – Any time except 100 days
“The right of suffrage ardently invoked by before a regular election or 65 days before
herein petitioners is not at all absolute…the special election. (Sec. 35 RA 8189)
exercise of suffrage, as the enjoyment of all
other rights subject to existing substantive 4. Procedure
and procedural requirement embodied in
our Constitution, statute books and other a. Petition for exclusion shall be sworn (Sec.
repositories of law.” (AKBAYAN – Youth et 35 , RA 8189)
al. vs. COMELEC GR No. 147066, March b. Each petition shall refer only to only one
26, 2001) precinct. (Sec. 35, RA 8189)
c. Notice
Inclusion and Exclution Cases i. Parties to be notified

1. Jurisdiction 5. Inclusion – Election Registration Board
i. ii Exclusion –
i. Municipal or Metropolitan Trial Court – 6. Election Registration Board
original and exclusive Jurisdiction\ 7. Challenged voters [Sec. 32(b), RA 8189]
8. Manner When an assailed order had been issued
pursuant to COMELEC’s administrative
Notice stating the place day and hour of powers in the absence of any finding of
hearing shall be served through any of the grave abuse of discretion in declaring a
following means: precinct as non – existent, said order shall
• Registered mail stand, judicial interference being
• Personal delivery unnecessary and uncalled for… The sacred
• Leaving copy in possession of sufficient right of suffrage guaranteed by the
discretion in residence. Constitution is not tampered when a list of
• Posting in city hall or municipal hall and fictitious voters is excluded from an
two other conspicuous places in the city or electoral exercise. (Sarangani vs.
municipality at least 10 days before the COMELEC, 334 SCRA 379)
hearing (Sec. 32(b), RA 8189)
Election precinct is the basic unit of
Any voter, candidate or political party territory established by the COMELEC for
affected may intervene. (Sec. 32c, RA 8189) the purpose of voting.

Non-appearance is prima facie evidence the A polling place refers to the building or
registered voter is fictitious (Sec. 32 (f), RA place where the board of election inspectors
8189) conduct proceedings and where the voters
cast their votes.
Decision cannot be rendered on stipulation
of facts (Sec. 32 (f), RA 8189) Voting center refers to the building or place
where the polling place is located.
No motion for reconsideration is allowed,
(Sec. 33, RA 8189) List of voters refers to an enumeration of
names of registered voters in a precinct
Annulment of List of Voters duly certified by the Election Registration
Board for use in the election.
1. Upon verified complaint of any voter,
election officer or registered political party Book of voters refers to the compilation of
or motu propio, the COMELEC may annul a all registration records in a precinct.
list of votes which was not prepared in
accordance with RA 8189 or whose Signature of Chairman at back of every
preparation was affected with fraud, ballot
bribery, forgery, impersonation,
intimidation, force or other similar In every case before delivering an official
irregularity or statistically improbable. ballot to the voter, the Chairman of the BEI
shall, in the presence of the voter, affix his
2. No list of voters shall be annulled within signature at the back thereof. Failure to so
60 days before an election (See. 33, RA authenticate shall be noted in the minutes
8189) of the BEI and shall constitute an election
offense punishable under Sections 263 and
The annulment of the list of voters shall not 264 of the OEC.
constitute a ground for a pre-proclamation
controversy. (Ututalum vs. COMELEC, 181 IV. POLITICAL PARTIES AND PARTY – LIST
Political party or party when used in the • A party which fails to obtain at least 10%
OEC means an organized group of persons of the votes cast in the constituency in
pursuing the same ideology, political ideas which it nominated candidates in the
or platforms of government and includes its election next following its registration shall
branches or divisions. A political party may forfeit its registration.
refer to a local regional or national party
existing and duly registered and accredited Party System. A free and open party system
by the COMELEC. To acquire juridical shall be allowed to evolve according to the
personality, qualify for accreditation, and to free choice of the people. [Sec 2(5) Art. IX –
be entitled to the rights of political parties, C, PC]
a political party must be registered with the
COMELEC. The following political parties The Party–List System, is a mechanism of
cannot be registered. proportional representation in the election
of representatives to the House of
1. Religious sects Representatives, from national, regional
2. Those which seeks to achieve their goals and sectoral parties, organizations and
through unlawful means coalitions thereof registered with the
3. Those which refuse to adhere to the COMELEC. The Party–list system was
Constitution devised to replace the reserve seat system –
4. Those that are supported by any foreign the very essence of the party – list system is
government representation by election. (Veterans
Federation Party vs. COMELEC, 342 SCRA
1. Accepting financial contributions from LIST PARTICIPANTS
foreign governments or their agencies (for
partisan election purposes.) (Sec.2(5), Art IX 1. The political party, sector, organization
– C, PC) must represent the marginalized and
2. It is a religious sect or denomination, underrepresented groups identified in Sec.
organization or association organized for 5 of RA 7941. majority of its membership
religious purposes. should belong to the marginalized and
3. It advocates violence or unlawful means underrepresented;
to seek its goal
4. It is a foreign party or organization Proportional representation refers to the
5. It violates or fails to comply with laws, representation of the marginalized and
rules and regulations relating to elections underrepresented as exemplified by the
6. It declares untruthful statements in its enumeration in Sec/ 5 of the law, namely;
petition labor peasant, fisherfolk, urban poor,
7. It has ceased to exist for at least one year indigenous cultural communities, elderly,
, and handicapped, women youth, veterans,
8. Fails to participate in the last two overseas workers and professionals. The
preceding elections, or fails to obtain at party – list organization or party must
least 2% of the votes cast under the party – factually and truly represent the
list system in the two preceding elections marginalized and underrepresented
for the constituency in which it was constituencies mentioned in Sec. 5 .(Ang
registered. Bagong Bayani – OFW Labor Party, et al vs.
COMELEC et al GR No. 147589. June 26, 5. The party organized must not be adjunct
2001) of, or a project organized or an entity
funded or assisted by, the government;
2. While even major political parties are
expressly allowed by RA 7941 and the 6. The party, including its nominees must
Constitution, they must comply with the comply with the qualification requirements
declared statutory policy of “Filipino of Sec. 9, RA 7941 as follows: No person
citizens belonging to marginalized and shall be nominated as party list
underrepresented sectors to be elected to representative unless he is:
the House of Representatives. “Thus, they
must show that they represent the interest a. natural – born – citizen of the Philippines
of the marginalized and underrepresented; b. a registered voter,
c. a resident of the Philippines for a period
Political parties, even the major ones, may not of no less than one year immediately
participate in the party – list elections, preceding the day of the election;
except for purposes of May 11, 1998 d. able to read and write;
elections. The requisite character of these e. a bonafide member of the party or
organizations must be consistent with the organization which he seeks to represent
purpose of the party – list system, as laid for at least 90 days preceding the day of the
down in the Constitution and RA 7941 . . . election; and
f. At least 25 years of age on the day of the
Under the Constitution and RA 7941, election. In case of a nominee of the youth
provide respondents cannot be disqualified sector, at least be 25 but not more than 30
from the party list elections, merely on the years of age on the day of the election. Any
ground that they are political parties. Sec. 5 youth sectoral representative who attains
Art. VI of the Constitution provides that the age of 30 during his term shall be
members of the House of Representatives allowed to continue in office until the
may be elected through a party – list expiration of his term.
system of registered national, regional and
sectoral parties or organizations. 7. Not only the candidate party or
Furthermore, under Secs. 7 and 8, Art IX – organization must represent marginalized
C of the Constitution, political parties may and underrepresented sectors, so also must
be registered under the party – list system. its nominees;
(Ang Bagong Bayani – OFW Labor Party, et
al vs. COMELEC, et al. GR No. 147589, 8. While lacking a well – defined political
June 26, 2001) constituency, the nominee must likewise be
able to contribute to the formation and
3. That religious sector may not be enactment of appropriate legislation that
represented in the party – list system, will benefit the nation as a whole.
except that priest, imam or pastors may be
elected should they represent not heir The parameters of the Filipino Party – List
religious sect but the indigenous System are:
community sector. (1) the twenty percent allocation,
(2) the two percent threshold;
4. A party or an organization must not be (3) the three seat limit; and
disqualified under Sec. 6, RA 7941; (4) proportional representation.
• The Constitution makes the number of
district representatives the determinant in Qualifications prescribed by law are
arriving at the number of seats allocated for continuing requirements and must be
party list lawmakers, a formulation which possessed for the duration of the officer’s
means that any increase in the number of active tenure. Once any of the required
district representatives, an as may be qualifications is lost, his title to the office
provided by law, will necessarily result in a may be seasonably challenged. (Frivaldo vs.
corresponding increase in the number of COMELEC, 174 SCRA 245 and Labor vs.
party – list seats . . . .. COMELEC, 176 SCRA 1)

• Sections 5 (2), Art. VI of the Constitution Residence
is not mandatory, it merely provides a
ceiling for party – list seats in Congress . . In Marcos vs. COMELEC, 248 SCRA 300,
Obtaining absolute proportional the Supreme Court upheld the qualification
representation is restricted by the three- of IRMarcos despite her own declarations in
seat-per-party limit to a maximum of two her certificate of candidacy that she had
additional slots . . resided in the district for only seven months
because of the following:
• Under the Niemeyer formula, the number
of additional seats to which a qualified 1. A minor follows the domicile of his
party would be entitled is determined by parents; Tacloban became IRMs domicile of
multiplying the remaining number of seats origin by operation of law when her father
to be allocated by the total number of votes brought the family to Leyte;
obtained by that party and dividing the 2. Domicile of origin is lost only when there
product by the total number of votes is actual removal or change of domicile, a
garnered by all the qualified parties. bonafide intention of abandoning the
former residence and establishing a new
The Niemeyer formula, while no doubt one, and acts which correspond with the
suitable for Germany, finds no application purpose; in the absence of clear and
in the Philippine setting because of our positive proof of the concurrence of all
three seat limit and the non – mandatory these, these domicile of origin should
character of the twenty percent allocation. continue;
(Ang Bagong Bayani –OFW Labor Party, et 3. The wife does not automatically gain the
al vs. COMELEC, et al. GR No.147589, husband’s domicile because the term
June 26, 2001) “residence” in Civil Law does not mean the
same thing in Political Law, when IRM
V. CANDIDATES AND CERTIFICATES OF married Marcos in 1954, she kept her
CANDIDACY domicile or origin and merely gained a new
home, not a domicilium necessarium;
QUALIFICATIONS OF CANDIDATES 4. Even assuming that she gained a new
domicile after her marriage and acquired
A. National – Arts. VI and VII, PC the right to choose a new one only after her
1. President and Vice President husband died, her acts following her return
2. Senators to the country clearly indicate that she
3. Congressmen – District and Party–List chose Tacloban, her domicile of origin, as
Representatives her domicile of choice.

B. Local – Sec.39, Local Government Code
• In Aquino vs. COMELEC, 248 SCRA 400, his residence. (Perez vs. COMELEC, 317
the Supreme Court held that Agapito SCRA 641)
Aquino failed to prove that he had
established not just residence but domicile The rationale of requiring candidates to
of choice in Makati. In his certificate of have a minimum period of residence in the
candidacy, he indicated that he was a area in which they seek to be elected is to
resident of San Jose Concepcion, Tarlac for prevent the possibility of a stranger or
52 years, he was a registered voter of the newcomer unacquainted with the
same district, his birth of certificate places conditions and needs of a community and
Conception, Tarlac as birthplace. Thus, his not identified with the latter from seeking
domicile of origin was Conception, Tarlac, an elective office to serve that community . .
and his bare assertion of transfer of .
domicile from tarlac to Makati is hardly
supported by the facts of the case. The classification of an area as a highly
urbanized or independent component city,
• When the Constitution speaks of for that matter, does not completely isolate
residence the word should be understood, its residents, politics, commerce and other
consistent with Webster, to mean actual, businesses from the entire province, and
physical and personal presence in the vice versa, especially when the city is
district that a candidate seeks to represent located at the very heart of the province
itself . .
• The original concept of domicile, which
arose from American jurisprudence was not The residence requirement is rooted in the
intended to govern political rights, it was desire that officials of districts or localities
designed to resolve the conflict of laws are acquainted not only with the metes and
between or among state where a decedent bounds of their constituencies but, more
may have lived for various reasons, for the important, with the constituents
purpose of determining which law was themselves, and a very legalistic, academic
applicable as regards his estate . . . and technical approach to the resident
requirement does not satisfy this simple,
Applying the concept of domicile in practical and common sense national for
determining residence as a qualification for the residence requirement. (Torayna vs.
an elective office would negate the objective COMELEC 337 SCRA 574)
behind the residence requirement set forth
under the law . . . (Domino vs. COMELEC
310 SCRA 546)
The place where the party actually or Philippine citizenship
constructively has his permanent home,
where he, no matter where he may found at The lost citizenship may be reacquired
any given time, eventually intends to return under Sec. 1 of RA 2630, which provides
and remain, i.e., his domicile, is that to that any person who had lost his Philippine
which the Constitution refers when it citizenship by rendering service to, or
speaks of residence for the purposes of accepting commission in, the Armed Forces
election law . . . of the United States, or after separation
from the Armed Forces of the United States,
The registration of a voter in a place other acquired United States citizenship by
than his residence of origin is not sufficient taking an oath to the Republic of the
to consider him to have abandoned or lost Philippines and registering the same with
Local Civil Registry in the place where he Grounds under the Local Government Code
resides or last reside in the Philippines. The – Sec. 40
said oath of allegiance shall contain a
renunciation of any other citizenship. A. Those sentenced by final judgment for an
(Bengson III vs. HRET, et al. GR No. offense involving moral turpitude or an
142840, May 7, 2001) offense punishable by imprisonment for at
least one year, within two years after
Repatriation results in the recovery of the service of sentence.
original nationality. This means that a
naturalized Filipino who lost his citizenship B. Those removed from office as a result of
will be restored to his prior status as a an administrative case.
naturalized Filipino citizen. On the other
hand, if he was originally a natural-born An elective local official who was removed
citizen before he lost his Philippine from office prior to January 1, 1992 is not
citizenship, he will be restored to his former disqualified from running for elective local
status as a natural –born Filipino. office (Grego vs. COMELEC, 274 SCRA 481)
(Bengson, supra)
C. Those convicted by final judgment for
Disqualifications violating his oath of allegiance to the
Grounds Under the Omnibus Election Code
D. Those with dual citizenship--The phrase
A. Any person declared by competent “dual citizenship” in RA 7160, Sec. 40 (d)
authority insane or Incompetent and RA 7854, Sec. 20 must be understood
as referring to “dual allegiance.”
B. Any person sentenced by final judgment Consequently, persons with mere dual
for any of the Following offenses: citizenship do not fall under this
disqualification. For candidates with dual
1. Insurrection or rebellion citizenship, it should suffice if, upon the
filing of their certificates of candidacy, they
2. Offense for which he was sentenced to elect Philippine citizenship to terminate
penalty of More than 18 months their status as persons with dual
citizenship considering that their condition
3. Crime involving morale turpitude (Sec. is the unavoidable consequence of
12, BP 881) conflicting laws of different states. (Mercado
vs. Manzano, 307 SCRA 630)
C. A permanent resident to or immigrant to
foreign country Unless he waives such E. Fugitives from justice in criminal or non
status (Sec. 68, BP 881) – political cases.
F. The term includes not only those who
D. Removal; Insanity or incompetence – flee after conviction to avoid punishment,
declaration of removal by competent but likewise who, after being changed, flee
authority to avoid prosecution. (Marquez vs.
COMELEC, 243 SCRA 538)
E. Conviction; unless granted plenary
pardon, amnesty; or Lapse of 5 years after G. Permanent residents in foreign country
service of sentence (Sec. 12, BP 881) or those who have the right to reside
abroad and continue to avail of it. (Caasi vs. • Ecclesiastics (Pamil vs. Teleron, 56 SCRA
CA, 191 SCRA 229) 413)

H. The insane or feeble – minded. • Persons receiving compensation from
provincial or municipal funds
Three consecutive terms limit
• Contractors for public works of the
The term limit for elective local officials municipality
must be taken to refer to the right to be
elected as well as the right to serve in the 2. Under the Lone candidate Law – RA 8295
same elective position. Consequently, it is
not enough that an individual has served Any elective official who has resigned from
three consecutive in an elective local office, his office by accepting an appointive office
he must also have been elected to the same to become vacant due to his resignation;
position for the same number of times and
before the disqualification can apply: (Borja
vs. COMELEC, GR No. 133495, September Any person who, directly or indirectly
3, 1998) coerces, bribes, threatens, harasses,
intimidates or actually causes, inflicts or
Conditions for the application of the produces any violence, injury, punishment,
disqualification: (1) the official concerned torture, damage, loss or disadvantages to
has been elected for three consecutive any person or persons aspiring to become a
terms in the same local government post candidate or that of the immediate member
and (2) that he has fully served three of his family, his honor or property that is
consecutive terms . . . meant to eliminate all other potential
A proclamation subsequently declared void
is no proclamation at all and while a Certificates of Candidacy
proclaimed candidate may assume office on
the strength of the proclamation of the No person shall be eligible for any elective
Board of Canvassers he is only a public unless he files a sworn certificate of
presumptive winner who assumes office candidacy within the period fixed by the
subject to the final outcome of the election Omnibus Election Code.
protest . .
Voluntary renunciation of a term of office
does not cancel the renounced term in the Certificate of candidacy must be filed not
computation of the three term limit; later than the day before the date for the
conversely involuntary severance from the beginning of the campaign period. (Sec. 7,
office for any length of time short of the full RA 7166)
term provided by law amounts to an A certificate filed beyond the deadline is not
interruption of continuity of service. valid. (Gador vs. COMELEC, 95 SCRA 431)
(Lonzanida vs. COMELEC, 311 SACRA 602)
Prohibition against multiple candidacies
1. Under the Revised Administrative Code –
Municipal Office A person who files a certificate of candidacy
for more than one office should be eligible
for any of them. (Sec 73, BP 881)
Provincial legislative districts – Provincial
Before the deadline for filing certificates he Election Supervisor of the Province
may withdraw all expect one, declaring concerned
under oath the office for which he desires to
be eligible and cancel the certificate of NCR legislative districts – Regional
candidacy for other office or offices. (Go vs. COMELEC Directors
COMELEC, GR No. 147741, May 10, 2001)
Legislative districts in cities outside NCR –
Forms City Election registrar concerned

Oath For provincial offices – Provincial Election
Supervisor of the province concerned.
The certificate must be sworn. (Sec. 73, BP
881) City and Municipal offices – City or
Municipal Election Registrar concerned.
The election of a candidate cannot be
annulled because of formal defects in his The certificates of candidacy of Members of
certificate, such as held of oath (Guzman the House of Representatives, Provincial,
vs. Board of Canvassers, 48 Phil 211) city or municipal officials shall be filed in 5
copies not later than 45 days before the
Name election.

A candidate shall use his baptismal name The certificate of candidacy shall be filed by
or full name, the name registered with the the candidate personally or his duly
civil registrar or any other name allowed by authorized representative. No certificate of
law. candidacy shall be filed or accepted by
mail, telegram or facsimile.
He may include one nickname or stage
name by which he is generally known. The evident purpose of the law in requiring
the filing of certificate of candidacy and in
When two or more candidates for the same fixing the time limit therefore are; (1) to
office have the same name or surname, enable the voters to know, at least sixty
each shall state his paternal and maternal days before the regular election, the
surnames, except the incumbent (See. 71, candidates among whom they are to make
BP 881) the choice, and (2) to avoid confusion and
inconvenience in the tabulation of the votes
Place and Period of Filling to the duly registered candidates, there
might be as many persons voted for as
For President, Vice President and Senators: there are voters, and votes might be cast
main office of the COMELEC in Manila, 5 even for unknown or fictitious persons, as
copies, not later than 90 days before date of mark to identify the votes in favor of a
election. candidate for another office in the same
election. (Miranda vs. Abaya, 311 SCRA
For Members of the House of 617)
Subject to its authority over nuisance statutory period of his individual certificate
candidates and its power to deny due for candidacy for the separate office of
course or cancel a certificate of candidacy, mayor was, in effect, a rejection of the party
the rule is that the COMELEC shall have nomination on his behalf for the office of
only the ministerial duty to receive and board member. (Ramirez vs. COMELEC, L-
acknowledge receipt of the certificates of 81150, Jan 12, 1992)
candidacy. (Sec. 78, BP 881)
Substitution of Candidacy – Sec. 77 BP
Effect Filing 881; Sec. 12, RA 9006

An appointive public official is considered If after the last day for filing certificates, a
resigned upon filing of his certificate. (Sec. candidate dies, withdraws or is disqualified,
66, BP 881;Sanciangco vs. Rono, 137, he may be substituted by a person
SCRA 671).This includes an employs of a belonging to his party not later than the
GOCC organized under the Corporation mid – day of election. Said certificate may
Code (Without original charter), since the be filled with any board of election
law makes no distinction. (PNOC – EDC vs. inspectors in the political subdivision where
NLRC, 222 SCRA 831) he is an electorate of the country, with the
COMELEC. (Domingo vs. City Board of
Any elective official, whether national or Canvassers, GR No. 105365, June 2, 1992)
local who has filed a certificate of candidacy
for the same or any other office shall not be Even if the withdrawal was not under oath,
considered resigned from office. (sec. 26, the certificate of the substitute cannot be
COMELEC Resolution No. 3636, Rules and annulled after the election. Such
Regulations Implementing RA 9006) technicality of the original candidate’s
withdrawal of his certificate of candidacy
Withdrawal of Certificate of Candidacy cannot be used to override the people’s will
in favor to the substitute candidate. The
Form – written declaration under oath. legal requirement that the withdrawal be
There was no withdrawal of candidacy for under oath will be held to be merely
the position of mayor where the candidate, directory and the candidate’s failure to
before the deadline for filing certificates of observe the requirement is considered a
candidacy, personally appeared in the harmless error. Hence the bona fide
COMELEC office, asked for his certificate of certificate of the substitute candidate
candidacy and intercalated the word “vice” cannot be assailed. The votes in his favor
before the word mayor and the following should be counted. (Villanueva vs.
day wrote the election registrar saying that COMELEC, 140 SCRA 352)
his name be included in the list of official
candidates for mayor. (Vivero vs. In case of valid substitutions after the
COMELEC, L – 81059, Jan 12, 1989) official ballot have been printed, the votes
cast for the substituted candidates shall be
Since his certificate of candidacy for the considered as many votes but shall not
office of board member was filed by his invalidate the whole ballot. For this
party, and the said party had withdrawn purpose, the official ballots shall provide
the nomination which withdrawal was spaces where the voters may write the
confirmed by the candidate under oath, name of substitute candidates if they are
there was substantial compliance with Sec. voting for the latter. (See. 12, RA 9006)
73. His filing under oath within the
There is nothing in the Constitution or
statute which requires as condition Violation of Omnibus Election Code – Sec.
precedent that a substitute candidate must 68
have been a member of the party concerned
for a certain period of time before he can be Giving money or other material
nominated as such. (Sinaca vs. Mula, 315 consideration to influence voters or public
SCRA 266) officials performing electoral functions
Committing acts of terrorism to enhance
his candidacy
A valid certificate of candidacy is likewise Spending in his election campaign in excess
an indispensable requisite in the case of a of the amount allowed by the Code
substitution of a disqualified candidate Soliciting, receiving or making any
under the provisions of Sec. 77 of the prohibited contribution
Election Code . . . The concept of a Violations of Secs. 80, 83, 85, 86 and 261,
substitute presupposes the existence of the paragraphs d, e, k, v and cc, sub-paragraph
person to be substituted, for how can a 6.
person take the place of somebody who
does not exist or who never was... Nuisance candidate – Sec. 69

A disqualified candidate may only be A petition to disqualify a candidate for
substituted if he had a valid certificate of councilor for failure to indicate in his
candidacy in the first place because, if the certificate of candidacy the precinct number
disqualified candidate did not have a valid and the barangay as a registered voter
and seasonably filed certificate of cannot be considered a petition to
candidacy, he is and was not a candidate at disqualify him for being a nuisance
all. If a person was not a candidate, he candidate, since his certificate was not filed
cannot be substituted under Sec. 77 of the to make mockery of the election or to
Code . . . . confuse the voters. (Jurilla vs. COMELEC,
232 SCRA 758)
While Sec. 78 of the Election Code
enumerated the occasion where a candidate Falsity of material representation in
may validly substitute there is no mention certificate of candidacy. – Sec. 78
of the case where a candidate is excluded
not only by disqualification but also by The COMELEC has jurisdiction over a
denial and cancellation of his certificate of petition to disqualify a candidate for
candidacy (Miranda vs. Abaya, 311 SCRA congressman for ineligibility before he has
617) been proclaimed and has assumed office
(Marcos vs. COMELEC, 248 SCRA 300;
In case of valid substitutions after the Aquino vs. COMELEC, 248 SCRA 400)
official ballots have been printed, the votes
cast for the substituted candidates shall be 2. Procedure for disqualification of
considered as stray votes but shall not candidates
invalidate the whole ballot. Sec. 12, RA
9006. amending Sec. 12 of RA 8436) The petition shall be filed by any registered
candidate for the same Office within 5 days
DISQUALIFICATION OF CANDIDATES from the last day of filing of certificates of
Candidacy. (Secs. 5a and 7, RA 6646)
1. Grounds
Under the election laws and the COMELEC After final judgment -Any candidate who
Rules of Procedure, any voter may file a has been declared by final judgment to be
petition to disqualify a candidate on disqualified shall not be voted for, and the
grounds provided by law. (Torayno votes cast for him shall not be counted.
vs.COMELEC, 337 SCRA 574)
The fact that no docket fee was initially Before final judgment – If for any reason a
paid is not fatal. The Procedural defect as candidate is not declared by final judgment
cured by the subsequent payment of the before an election to be disqualified and he
docket fee. (Sunga vs. COMELEC, 228 is voted for and receives the winning
SCRA 76) number of votes in such election the Court
or Commission shall continue with the trial
A petition filed after the election is filed out and hearing of the action, inquiry or protest
of time. (Loong vs.COMELEC, 216 SCRA and, upon motion of the complainant or
769) any intervenor, may, during the tendency
thereof, order the suspension of the
Since the filing by facsimile transmission is proclamation of such candidate whenever
not sanctioned and a facsimile copy is not the evidence of guilt is strong. (Sec. 6, RA
an original pleading, a petition for 6646)
disqualification should be deemed filed
upon the filing of the original petition. The purpose of a disqualification
(Garvida vs. Sales, 271 SCRA 764) proceeding is to prevent the candidate from
running or, if elected, from serving, or to
Where a qualified candidate was replaced prosecute him for violation of election laws.
on the day before the election, a petition to The fact that a candidate has been
disqualify the replacement filed on election proclaimed and had assumed the position
day should be entertained, as it was to which he was elected does not divest the
impossible to file the petition earlier. (Abella COMELEC of authority and jurisdiction to
vs. Larrazabal, 180 SCRA 509) continue the hearing and eventually decide
the disqualification. The COMELEC should
The COMELEC may motu propio refuse to not dismiss the case simply because the
give due course or cancel a certificate of respondent has been proclaimed. (Sunga
candidacy. (Sec. 69, BP 881) vs. COMELEC, 288 SCRA 76 and
Lonzanida vs. COMELEC, 311 SCRA 617)
The proceeding shall be summary. (Nolasco
vs. COMELEC, 275 SCRA Sec. 6 of RA 6616 authorizes the
762) continuation of proceedings for
disqualification even after the elections if
The COMELEC can decide a disqualification the respondent has not been proclaimed.
case directly without referring it to its legal (Perez vs. COMELEC, 317 SCRA 641)
officers for investigation. (Nolasco, supra)
A disqualification case may have two
The decision shall be final and executory aspects, the administrative, which required
after 5 days from receipt unless stayed by only a preponderance of evidence to prove
the Supreme Court [Secs. 5(e) and 7, RA disqualification, and the criminal, which
6646] necessitates proof beyond reasonable doubt
to convict.
There is no provision in RA 6646 that treats has yet no final judgment rendered.
of a situation where the complaint for (Mercado vs. Mazano, 307 SCRA 630)
disqualification is filed after the election. . .
. Where the votes cast for a nuisance
candidate whose disqualification had not
Second paragraph of paragraph 2 of Res. yet become final on election day were tallied
No. 2050 provides that where a complaint separately, they should be counted in favor
is filed after the election but before of the petitioner. (Bautista vs. COMELEC,
proclamation, as in this case, the complaint 298, SCRA 480)
must be dismissed as a disqualification
case but shall be referred to the Law THE LONE CANDIDATE LAW
Department for preliminary investigation.
The Lone Candidate Law is RA 8295,
Why there is a difference between a petition enacted June 6, 1997. Section 2 thereof
for disqualifications before and after the provides the upon the expiration of the
election proceeds from the fact that before deadline for the filing of certificate of
the electorate and those who vote for the candidacy in a special election called to fill
candidate assume the risk that should said a vacancy in an elective position other than
candidate be disqualified after the election, for President and Vice-President, when
their votes would be declared stray or there is only one (1) qualified candidate for
invalid votes and that would not be true in such position, the lone candidate shall be
the case of one filed after the electorate has proclaimed elected to the position by proper
already voted . . . (Bagatsing vs. COMELEC, proclaiming body of the COMELEC that he
320 SCRA 817) is the only candidate for the office and is
thereby deemed elected.
The COMELEC can legally suspend the
proclamation of the winning candidate Section 3 thereof also provides that the lone
although he received the winning number candidate so proclaimed shall assume office
of votes.(Labo vs. COMELEC, 211 SCRA not earlier than the scheduled election day,
297). in the absence of any lawful ground to deny
due course or cancel the certificate of
The use of the word “may”, indicates that candidacy in order to prevent such
the suspension of the proclamation is proclamation.
merely directory and permissive in nature VI. CAMPAIGN; ELECTION PROPAGANDA;
and operates to confer discretion. What is CONTRIBUTIONS AND EXPENDITURES
made mandatory is the continuation of the
trial and hearing of the action, inquiry or Election campaign or partisan political
protest. Since the suspension of the activity refers to an act designed to promote
proclamation is merely permissive, the the election or defeat of a particular
proclamation of a candidate is valid, if the candidate or candidates for public office.
COMELEC did not suspend his (Sec. 79, BP 881)
proclamation. (Grego vs. COMELEC, 274
SCRA 481) a. If done for the purpose of enhancing the
chances of aspirants for nomination for
Under the same provision, intervention may candidacy to a public office by a political
be allowed in proceedings for party, etc, it shall not be considered as
disqualification even after election if there election campaign or partisan political
a week per newspaper, magazine or other
b. It shall be unlawful for any person or any publication during the campaign period.
party to engage in election campaign or (Sec. 4, RA 9006)
partisan political activity except during the
campaign period. 6. Broadcast Media(i.e., TV and radio)
National Positions: 120 minutes for TV, 180
c. Members of the Civil Service to engage, minutes for radio / Local Positions: 60
directly or indirectly, in any electioneering minutes for TV, 90 minutes for radio
or partisan political campaign.
7. Other forms of election propaganda not
A. Nomination of candidates prohibited by the Omnibus Election Code
and RA 9006, and authorized by the
1. President, Vice-President and Senators – COMELEC.
not earlier than 165 before election date
2. Congressmen, provincial, city or
municipal officials – not earlier than 75 1. Any published or printed political matter
days before election day or broadcast of election propaganda by
television or radio for or against a candidate
B. Campaign period or group of candidates to any public office
shall bear and be reasonably legible or
1. President, Vice-President and Senators – audible words “political advertisement paid
90 days before election day for,” followed by the true and correct name
and address of the candidate or party for
2. Congressmen, provincial, city and whose benefit the election propaganda was
municipal officials – 45 days before election printed or aired.
2. If the broadcast is given free or charge by
C. Lawful propaganda the radio or television station, it shall be
identified by the word “airtime for this
1. Forms broadcast was provided free of charge by”
followed by the true and correct name and
2. Pamphlets, leaflets, cards, decals, address of the broadcast entity.
stickers and written or printed materials
not more than 8 ½ inches by 14 inches 3. Print, broadcast or outdoor
advertisements donated to the candidate or
3. Handwritten/printed letters political party shall be printed, published,
broadcast or exhibited without the written
4. Cloth, paper or cardboard, posters acceptance by the said candidate or
measuring, not more than 2 feet by 3 feet 3 political party. Such written acceptance
by 8 ft. allowed in announcing at the site on shall be attached to the advertising contract
the occasion of a public meeting or rally, and shall be submitted to the COMELEC.
may be displayed 5 days before the date of (Sec. 4, RA 9006)
rally but shall be removed within 24 hours
after said rally. D. Prohibited Campaign

5. Paid print advertisements: ¼ page in 1. Public exhibition of a movie,
broadsheets and ½ pages in tabloids thrice cinematograph or documentary portraying
the life or biography of a candidate during civic organization except the normal
campaign period.\ religious dues and payment for
scholarships established and school
2. Public exhibition of a movie, contributions habitually made before the
cinematograph or documentary portrayed campaign period. (Sec. 104, BP 881)
by an actor or media personality who is
himself a candidate; G. Prohibited contributions

3. Use of airtime for campaign of a media No political contribution shall be made by
practitioner who is an official of a party or a the following:
member of the campaign staff of a
candidate or political party. 1. Public or private financial institutions
2. Public utilities and those who exploit
Scope natural resources

1. Prohibiting the posting of decals and Thus, where an operator of a public utility
stickers except in the common posting area disguised a contribution to a candidate for
authorized by the COMELEC is not valid governor as loan, the promissory note is
(Adiong vs. COMELEC, 244 SCRA 272) void: (halili vs. Court of Appeals, 83 SCRA
2. Mass media may report news relating to 3. Persons who hold contracts or sub-
candidates, and mass media practitioners contracts to supply the government
may give their opinion regarding with goods and services.
candidates. (National Press Club vs. 4. Persons granted franchises, incentives,
COMELEC, 207 SCRA 1) exemptions or similar privileges by
the government
E. Rallies 5. Persons granted loans in excess of P25,
000 by the government or any of
1. An application for permit for a rally shall its subdivisions or instrumentalities
not be denied except on the 6. Schools which received grants of public
ground that a prior written application for funds of at least P100,000
the same purpose has been approved. A 7. Employees in the Civil Service or
denial is appealable to the provincial members of the Armed Forces.
election supervisor or COMELEC. (Sec. 87, 8. Foreigners (Sec. 95 , Bp 881)
BP 881) 9. Corporations (sec. 36 (9), Corp. Code)
2. It is unlawful to give or accept
transportation, food, drinks or things of H. Equal Access to Media Time and Space
value within 5 hours before and after a All registered parties and bonafide
public rally, before election day and on candidates shall have equal access to media
election day. (Sec. 89 BP 881) time and space . The following guidelines
may be amplified on by the COMELEC.
F. Prohibited donations 1. No franchise or permit to operate a radio
or television shall be granted or
It is prohibited for any candidate, his issued, suspended or cancelled during the
spouse, relative within second degree of election period.
consanguinity or affinity, or representative 2. Any mass media columnist,
to make any contribution for any structure commentator, announcer, reporter, on-air
for public use or for use of any religious or
correspondent or personality who is a a. First Offense – administrative fine from P
candidate for any elective public office or is 1,000 to P30, 000
a campaign volunteer for or employed or b. Subsequent offense
retained in any capacity by any candidate i. Administrative fine from P2,000 to P60,
or political party shall be deemed resigned, 000
if so required by their employers, or shall ii. Perpetual disqualification to hold public
take a leave of absence from his work as office (Sec. 14,
such during the campaign. And that any RA 7166)
media practitioner who is an official
candidate of a political party or member of 3. Effect of withdrawal
the campaign staff of a candidate or
political party shall not use his media time A candidate who withdraws his certificate of
and space to favor any candidate or candidacy must still file a statement of
political party. contributions and expenditures, for the law
makes no distinction. (Pilar vs. COMELEC,
I. Limitation on expenses – Sec. 13, RA 245 SCRA 759)

a. President and vice president – P10 per KINDS OF ELECTION
voter 1. General election is one provided for by
b. Other candidates – P3 per voter in his law for the election to offices throughout
constituency the State, or certain subdivisions thereof,
c Candidate without political party – P5 per after the expiration of the full term of
voter former officers.
d. Party/organization and coalition 2. Special Election is one provided for by
participating in the party – list system – P5 law to fill vacancy in office before the
per voter expiration of the full term for which the
incumbent was elected or one fixed by the
2. Political party and coalition – P5 per COMELEC due to postponement or
voter in the constituency where it has suspension of the election or the failure to
candidates. (sec. 13, RA 7166) elect.
3. Recall election is an election by means of
J. Statement of contributions and which voters decide whether they should
expenditures retain their local official or elect his
replacement. (Claudio vs. COMELEC, 331
1. Filing SCRA 388)

a. every candidate and treasurer of political ELECTION PERIOD
party shall file within 30 days after election
day a statement of contributions and Unless otherwise fixed by the COMELEC in
expenditures. special cases, the election period shall
b. No persons elected shall assume office commence 90 days before the day of the
until he and his political party has filed the day of the election and shall end 30 days
required statements thereafter.[Sec. 9, Art. IX – C, PC]

An election officer alone, or even with the
The regular election of the President, Vice- agreement of the candidates, cannot validly
President, Senators and Members of the postpone or suspend the election. (Basher
House of Representatives and local officials, vs. COMELEC, 330 SCRA 736). . . It is
except barangay officials, shall be on the essential to the validity of the election that
second Monday of May once every three the voters have notice in some form, either
years. In accordance with the constitutional actual or constructive, of the time, place
policy to synchronize elections, the regular and purpose thereof (Basher vs. COMELEC,
election for national and local officials is supra)
now held simultaneously. (RA 7166) Under
6679, regular elections for barangay A petition to postpone elections should be
officials shall be held once every five years. addressed to the COMELEC, subject to the
remedy of review provided for in Art IX – A
Section 7.
1. For provinces with two or more legislative In fixing the date of special elections the
district the elective members of COMELEC should see to it that:
Sangguniang Panlalawigan (Spn) shall be
elected by legislative districts. 1. It should not be later than thirty (30)
2. For provinces with only one legislative days after the secession of the cause of the
district – the COMELEC shall divide them postponement of suspension of the election
into districts for purposes of electing the or a failure to elect; and
members of the SPn; 2. It should be reasonably close to the date
3. For cities in Metro Manila Area, Cebu of the election not held, suspended or
City, Davao City or any other city with two which resulted in the failure to
or more legislative district – governed by elect.(Pangandaman vs. COMELEC, 319
Secs. 2 and 3 of RA 6686. SCRA 283)
4. For municipalities in Metro Manila – the
COMELEC shall divide them into two A special election is not valid if notice of its
districts by baranggay for purposes of date and of the transfer of the precincts
electing members of the SB. was given less than a day before, since the
voters were deprived of the opportunity to
When for any serious cause such as
violence, terrorism, loss or destruction of FAILURE OF ELECTION
election paraphernalia or records, force
majeure, and other analogous cases of such 1. Sec.6 the OEC contemplates three
nature that the holding of a free, orderly instances when the COMELEC may declare
and honest election should become a failure of election and call for the holding
impossible in any political subdivision, the of a special election: (1) when thee election
COMELEC, motu propio or upon a verified in any polling place has not been held on
petition by any interested party, and after the date fixed on account of force majeure,
due notice and hearing, whereby all violence, terrorism, fraud and other
interested parties are afforded equal analogous cases, (2) when the election in
opportunity to be heard, shall postpone the any polling place has been suspended
election therein. (Sec. 5, BP 881) before the hour fixed by law for the closure
of the voting; and (3) after the voting and
during the preparation and transmission of election but for an election protest. (Borja
the election returns or in the custody or vs. COMELEC,260 SCRA 604)
canvass thereof, such election results in a
failure to elect. (Soliva et al vs. COMELEC, 7. The fact that the names of some
GR No. 141723, April 20,2001) registered voters were omitted from the list
of voters, strangers voted for some of the
2. The power to throw out or annul an registered voters, a candidate was credited
election should be exercised with the with less votes than he received, the control
utmost care and only under circumstances data of some election returns were filled up,
which demonstrate beyond doubt either the ballot boxes were brought to the
that the disregard of the law had been so municipal hall without padlock and seals,
fundamental or so pertinent and and that there was a delay in the delivery of
continuous that it is impossible to election returns are not grounds for the
distinguish what votes are lawful and what declaration of failure of election. (Canicosa
are unlawful, or to arrive at any certain vs. COMELEC, 282 SCRA 512)
result whatsoever, or that the great body of
voters have been prevented by viiolence, 8. An election cannot be annulled because
intimidation and threats from exercising of the illegal transfer of a precinct less than
their franchise… There is failure of 45 days before the election if the votes of
elections only when the will of the electorate those who were not able to vote will not
has been muted and cannot be ascertained. alter the result. (Balindong vs. COMELEC,
(Benito vs. COMELEC, GR No. 260 SCRA 494)
134913,January 19,2001)
9. There is no reglementary period for filing
3. A special election should be held if the a petition for annulment of an election if
ballot box in the precinct was there has as yet been no proclamation.
burned.(Hassan vs. COMELLEC,264 SCRA (Loong vs. COMELEC, 257 SCRA 1)
10. The COMELEC may decide a petition to
4. The destruction of the copies of the declare a failure of election en banc at the
election returns intended for the board of first instance, since it is not a pre-
canvassers is not a ground for the proclamation case or an election protest.
declaration of failure of election as other (Borja vs. COMELEC, 260 SCRA 604)
copies of the returns can be used (Sardea
vs. COMELEC,225 SCRA 374) In petitions to declare a failure of election
on the ground of fraud, theCOMELEC may
5. The fact that less than 25% of the conduct a technical examination of election
registered voters voted does not constitute documents and compare and analyze the
failure of election, since voting took place. signatures and fingerprints of the voters.
(Mitmug vs. COMELEC,230 SCRA 54) (Loong vss. COMELEC,257 SCRA 1)

6. Lack of notice of the date and time of the SPECIAL ELECTION TO FILL UP VACANCY
canvass, fraud, violence, terrorism, and
analogous causes, such as 1. In case of permanent vacancy in
disenfranchisement of voters, presence of Congress at least one year before the
flying voters, and lack of qualifications of expiration of the term, the COMELEC shall
the members of the Board of Inspectors are hold a special election not earlier than 90
not grounds for declaration of failure of days after the occurrence of the vacancy.
2. A vacancy in the Senate will be filled up d. To obtain a certificate of the number of
at the next regular election.(Section 4,RA votes cast for each candidate (Section 179,
7166) BP881)
2. Citizen’s Arm
To be given a copy of the election return to
The Board of Election Inspectors shall be be used for the conduct of an unofficial
composed of a chairman and two members, count. (Section 1, RA 8045)
all of whom are public school teachers.
If there are not enough public school
teachers, teachers in private schools, 1. The chairman of the Board of Election
employees in the civil service, or other Inspectors should sign each ballot at the
citizens of known probity and competence back. The omission of such signature does
may be appointed. (Section 13, RA 6646) not affect the validity of the ballot.(Libanan
vs HRET,283 SCRA 520) Under the rules
WATCHERS prevailing during the 1997 Barangay
Elections, the failure to authenticate the
Number ballots shall no longer be cause for the
1. Official watchers invalidation thereof. (Malabaguio vs.
Every registered party or coalition of parties 2. A voter who was challenged on the
and every candidate is entitled to one ground that he has been paid for the vote
watcher per precinct and canvassing or made a bet on the result of the election
counter. will be allowed to vote if he takes an oath
that he did not commit the act alleged in
Candidates for the local legislature the challenge. (Section 200,BP881)
belonging to the same party are entitled 3. An illiterate or physically disabled voter
collectively to one watcher. may be assisted by a relative by affinity or
consanguinity within the fourth degree or
Six principal watchers from 6 accredited any person of his confidence who belongs to
major political parties shall be recognized. the same household or any member of the
(Section 26, 7166) Board of Election Inspectors. (Section 196,
2. Other watchers 4. It is unlawful to use carbon paper,
paraffin paper or other means for making a
• The accredited citizen’s arm is entitled to copy of the contents of the ballot or to use
a watcher in every precinct. any means to identify the ballot.(Sec.
• Other civic organizations may be 195,BP881). A ballot prepared under such
authorized to appoint one watcher in every circumstances should not be counted.
precinct. (Section 180, BP 881) (Gutierrez vs. Aquino, Feb,26,1959)

Important rights of watchers ABSENTEE VOTING
1. Members of the Board of Election
1. All watchers Inspectors and their substitutes may vote
a. To stay inside the precinct in the precinct where they are assigned.
b. To inform themselves of the proceedings (Section 169, BP 881)
c. To file a protest against any irregularity
2. Absentee voting for President, V- country, unless he/she execute, upon
president and Senators are allowed for registration, an affidavit prepared for the
members of the AFP, PNP, and other purpose by the Commission declaring that
government employees assigned in he/ she shall resume actual physical
connection with the performance of election permanent residence in the Philippine not
duties to places where they are not later than three(3) years from approval of
registered. (Section 12, RA 7166) his/her registration under this Act. Such
affidavit shall also state that she/ he has
RA NO. 9189 “AN ACT PROVIDING FOR A no applied for citizenship in another
SYSTEM OF OVERSEAS ABSENTEE country. Failure to return shall be cause for
VOTING BY QUALIFIED CITIZENS OF THE the removal of the name of immigrant or
PHILIPPINES ABROAD” permanent resident from the National
Registry of Absentee Voters and his/her
Sec. 5. Disqualification. – The following permanent disqualification to vote in
shall be disqualified from voting under this absentia.
e) Any citizen of the Philippines abroad
a) Those who have lost their Filipino previously declared insane or incompetent
citizenship in accordance with Philippine by competent authority in the Philippines
laws; or abroad, as verified by the Philippine
embassies, consulates or foreign service
b) Those who have expressly renounced establishments concerned, unless such
their Philippine citizenship and who have competent authority subsequently certifies
pledge allegiance to a foreign country; that such person is no longer insane or
c) Those who have committed and are
convicted in a final judgment by a court or SEC. 6 Personal Overseas Absentee
tribunal of an offense punishable by Registration. – Registration as an overseas
imprisonment of not less than one (1) year, absentee voter shall be done in person.
including those who have committed and
been found guilty of Disloyalty as define Qualified citizens of the Philippines abroad
under Article 137 of the Revised Penal who failed to register under Republic Act
Code, such disability not having been No. 8189, otherwise known as “The Voters
removed by plenary pardon or amnesty: Registration Act of 1996”, may personally
Provided, however, That any person apply for registration with the Election
disqualified to vote under this subsection Registration Board of the city or
shall automatically acquire the right to vote municipality where they were domiciled
upon expiration of five(5) years after service immediately prior to their departure from
of sentence; Provided further, That the the Philippines, or with the representative
Commission may take cognizance of final of the Commission of the Philippine
judgments issued by foreign courts or embassies, consulates and other foreign
tribunals only on the basis or reciprocity service establishments that have
and subject to the formalities and processes jurisdiction over the locality where they
prescribed by the Rules of court on temporarily reside. Subject to guidelines
execution of judgments; herein provided, the Commission is hereby
authorized to prescribe procedures for
d) An immigrant or a permanent resident overseas absentee registration pursuant to
who is recognized as such in the host the provisions of Republic Act No. 8189,
whenever applicable, taking into strict waiting for the quarterly meeting of the
consideration the time zones and the Board. The applicant shall be notified of the
various periods and processes herein approval or disapproval of his/her
provided for the proper implementation of application by registered mail.
this Act. The embassies, consulates and
other foreign service establishments shall 6.3 In the event that an objection to the
transmit within five (5) days from receipt application is filed prior to or on the date of
the accomplished registration forms to the hearing, the Election Officer shall notify the
Commission after which the Commission applicant of said objection by registered
shall coordinate with the Election Officer of mail, and closing therein copies of affidavits
the city or municipality of the applicant’s or documents submitted in support of the
stated residence for verification, hearing objection filed with the said Election Officer,
and annotation in the permanent list of if any. The applicant shall have the right to
voters. file his counter-affidavit by registered mail,
clearly stating therein facts and defenses
All applications for the May 2004 elections sworn before any officer in the host country
shall be filed with the Commission not later authorized to administer oaths.
than two hundred eighty (280) calendar
days before the day of elections. For 6.4 The application shall be approved or
succeeding elections, the Commission shall disapproved based on the merits of the
provide for the period within which objection, counter-affidavit and documents
applications to register must be filed. submitted by the party objecting and those
of the applicant.
In the case of seafarers, the Commission
shall provide a special mechanism for the 6.5 A Certificate of Registration as an
time and manner of personal registration overseas absentee voter shall be issued by
taking into consideration the nature of their the Commission to all applicants whose
work. applications have been approved, including
those certified as registered voters. The
6.1 Upon receipt of the application for Commission shall include the approved
registration, the Election Officer shall applications in the National Registry of
immediately set the application for hearing, Absentee Voters.
the notice of which shall be posted in a
conspicuous place in the premises of the 6.6 If the application has been approved,
city or municipal building of the applicant’s any interested party may file a petition for
stated residence for at least one (1) week exclusion not later than two hundred ten
before the date of the hearing. The Election (210) days before the day of elections with
Officer shall immediately furnish a copy of the proper municipal or metropolitan trial
the application to the designated court. The petition shall be decided within
representatives of political parties and other fifteen (15) days after its filing on the basis
accredited groups. of the documents submitted in connection
therewith. Should the court fail to render a
6.2 If no verified objection to the application decision within the prescribed period, the
is filed, the Election Officer shall ruling of the Election Registration Board
immediately forward the application to the shall be considered affirmed.
Election Registration Board, which shall
decide on the application within one (1) 6.7 If the application has been approved,
week from the date of hearing without the applicant or his authorized
representative shall, within a period of five a) A valid Philippine passport. In the
(5) days from receipt of the notice of this absence of a valid passport, a certification
approval, have the right to file a petition for of the Department of Foreign Affairs that it
inclusion with the proper municipal or has reviewed the appropriate documents
metropolitan trial court. The petition shall submitted by the applicant and found them
be decided within five (5) days after its filing sufficient to warrant the issuance of a
on the basis of documents submitted in passport, or that the applicant is a holder
connection therewith. of a valid passport but is unable to produce
the same for a valid reason;
Qualified citizens of the Philippines abroad, b) accomplished registration from
who have previously registered as voters prescribed by the commission containing
pursuant to Republic Act No. 8189 shall the mandatory information:
apply for certification as absentee voters
and for inclusion in the National Registry of • Last know residence of the applicant in
Overseas Absentee Voters, with a the Philippines before leaving for abroad;
corresponding annotation in the Certified • Address of applicant abroad, or
Voter’s List. forwarding address in the case of seafarers;
• Where voting by mail is allowed, the
Sec. 7. System of Continuing Registration. – applicant’s mailing address outside the
The Commission shall ensure that the Philippines where the ballot for absentee
benefits of the system of continuing voters will be sent, in proper cases; and
registration are extended to qualified • Name and address of applicant’s
overseas absentee voters. Towards this end, authorized representative in the Philippines
the Commission shall optimize the use of for purposes of Section 6.7 and Section 12
existing facilities, personnel and hereof.
mechanisms of the various government
agencies for purposes of data gathering, In the case of immigrants and permanent
data validation, information dissemination residents not otherwise disqualified to vote
and facilitation of the registration process. under this Act, an affidavit declaring the
intention to resume actual physical
Pre-departure programs, services and permanent residence in the Philippines not
mechanisms offered and administered by later than three (3) years after approval of
the Department of Foreign Affairs, his/her registration as an overseas
Department of Labor and Employment, absentee voter under this Act. Such
Philippine Overseas Employment affidavit shall also state that he/she has
Administration, Overseas Workers’ Welfare not applied for citizenship in another
Administration, Commission on Filipinos country.
Overseas and other appropriate agencies of The Commission may also require
the government shall be utilized for additional data to facilitate registration and
purposes of supporting the overseas recording. NO information other than those
absentee registration and voting processes, necessary to establish the identity and
subject to limitations imposed by law. qualification of the applicant shall be
Sec.8 Requirements for Registration. –
Every Filipino registrant shall be required Sec. 11 Procedure for Application to Vote in
to furnish the following documents: Absentia.-
11.1 Every qualified citizen to the such Motion for Reconsideration and shall
Philippines abroad whose application for immediately notify the voter of its decision.
registration has been approved, including The decision of the Commission shall be
those previously registered under Republic final and executory.
Act No. 8189, shall, in every national
election, file with the officer of the embassy, Sec. 16. casting and Submission of Ballot.-
consulate or other foreign service
establishment authorized by the 16.1 Upon receipt by7 the designated officer
Commission, a sworn written application to of the embassy, consulate and other foreign
vote in a form prescribed by the service establishments of the ballots for
Commission. The authorized officer of such overseas absentee voters, voting
embassy, consulate or other foreign service instruction, election forms and other
establishment shall transmit to the paraphernalia, he/she shall make them
Commission the said application to vote available on the premises to the qualified
within five (5) days from receipt thereof. The overseas absentee voters in their respective
application form shall be accomplished in jurisdiction during the thirty (30 ) days
triplicate and submitted together with the before the day of elections when overseas
photocopy of his/her overseas absentee absentee voters may cast their vote.
voter certificate of registration. Immediately upon receiving it, the overseas
voter must fill-out his/her ballot personally,
11.2 Every application to vote in absentia in secret, without leaving the premises of
may be done personally at, or by mail to the the embassies, consulates and other
embassy, consulate or foreign service Foreign Service establishments concerned.
establishment, which has jurisdiction over
the country where he/she has indicated 16.2 The overseas absentee voter shall
his/her address for purposes of th personally accomplish his/her ballot at the
elections. embassy, consulate or other foreign service
establishment that has jurisdiction over the
11.3 Consular and diplomatic services country where he/she temporarily resides
rendered in connection with the overseas or at any polling place designated and
absentee voting processes shall be made accredited by the Commission.
available at no cost to the overseas
absentee voter. 16.3 The overseas absentee voter shall cast
his ballot, upon presentation of the
Sec. 12 . Verification and Approval of absentee voter identification card issued by
Application to Vote.- the Commission, within thirty (30) days
before the day of elections. In the case of
All applications shall be acted upon by the seafarers, they shall cast their ballots
Commission upon receipt thereof, but in no anytime within sixty (60) days before the
case later than one hundred fifty (150) days day of elections. In the case of seafarers,
before the day of elections. In the event of they shall cast their ballots anytime within
disapproval of the application, the voter or sixty (60) days before the day of elections as
his authorized representative may file a prescribed in the Implementing Rules and
Motion for Reconsideration with the Guidelines.
Commission personally, or by registered
mail, within ten (10) days from receipt of 16.4 All accomplished ballots received shall
the notice of disapproval. The Commission be placed unopened inside sealed
shall act within five (5) days from receipt of
containers and kept in a secure place hereof. All envelopes containing the ballots
designated by the Commission. received by the embassies, consulates and
other foreign service establishments after
16.5 The embassies, consulates and other the prescribed period shall not b opened,
foreign service establishments concerned and shall be cancelled and shipped to the
shall keep a complete record of the ballots Commission by the least costly method
for overseas absentee voters, specifically within six (6) months from the day of
indicating the number of ballots they elections.
actually received, and in cases where voting
by mail is allowed under Section 17 hereof, 16.9 A special Ballot Reception and
the names and addresses of the voters to Custody Group composed of three (3)
whom these ballots were sent, including members shall be constituted by the
proof of receipt thereof. In addition, the Commission from among the staff of the
embassies, consulates and other foreign embassies, consulates and other foreign
service establishments shall submit a service establishments concerned including
formal report to the Commission and the their attached agencies, and citizens of the
Joint Congressional Oversight Committee Philippines abroad, who will be deputized to
created under this Act within thirty (30) receive ballots and take custody of the
days from the day of elections. Such report same preparatory to their transmittal to the
shall contain data on the number of ballots Special Boards of Election Inspectors.
cast and received by the officers the
number of invalid and unclaimed ballots 16.10 During this phase of the election
and other pertinent data. process, the authorized representatives of
political parties, candidates, and accredited
16.6 The overseas absentee shall be citizens’ arms of the Commission shall be
instructed that his/her ballot shall not be notified in writing thereof and shall have
counted if it is not inside the special the right to witness the proceedings.
envelope furnished him/her when it is cast.
16.11 The Commission shall study the use
16.7 Ballots not claimed by the overseas of electronic mail, internet, or other secured
absentee voters at the embassies, networks in the casting of votes, and
consulates and other foreign service submit a report thereon to the Joint
establishments, in case of personal voting, Congressional Oversight Committee.
and ballots returned to the embassies,
consulates and other foreign service Sec. 17. Voting by Mail. –
establishments concerned, in the case of
voting by mail. Shall be cancelled and 17.1 For the May 2004 elections, the
shipped to the Commission by the least Commission shall authorize by voting mail
costly method within six (6) months from in not more than three (3) countries,
the day of elections. subject to the approval of the Congressional
Oversight Committee. Voting by mail may
16.8 Only ballots cast, and mailed ballots be allowed in countries that satisfy the
received by the Philippine embassies, following conditions:
consulates and other foreign service
establishments concerned in accordance a.) Where the mailing system is fairly well-
with Section 17 hereof before the close of developed and secure to prevent occasion
voting open the day of elections shall be for fraud;
counted in accordance with Section 18
b.) Where there exists a technically The Committees on Absentee Voting of the
established identification system that would Commission shall be responsible for
preclude multiple or proxy voting; and ensuring the secrecy and sanctity of the
c.) Where the system of reception and absentee voting process. In the interest of
custody of mailed ballots in the embassies, transparency, all necessary and practicable
consulates and other foreign service measures shall be adopted to allow
establishments concerned are adequate and representation of the candidates, accredited
well-secured. major political parties, accredited citizens’
arms and non-government organizations to
Thereafter, voting by mail in any country assist, and intervene in appropriate cases,
shall be allowed only upon review and in all stages of the electoral exercise and to
approval of the Joint Congressional prevent any and all forms of fraud and
Oversight Committee. correction.

17..2 The overseas absentee voter shall Sec. 24. Prohibited Acts. – In addition to the
send his/her accomplished ballot to the prohibited acts provided by law, it shall be
corresponding embassy, consular or foreign unlawful:
service establishment that has jurisdiction
over the country where he/she temporarily 24.1 For any officer or employee of the
resides. He/she shall be entitled to cast Philippine government to influence or
his/her ballot at any time upon his/her attempt to influence any person covered by
receipt thereof, provided that the same is this act to vote, or not to vote, for a
received before the close of voting on the particular candidate. Nothing in this Act
day of elections. The overseas absentee shall be deemed to prohibit free discussion
voter shall be instructed that his/her regarding politics or candidates for public
ballots shall not be counted if not office.
transmitted in the special envelope
furnished him/her. 24.2 For any person to deprive any person
17.3 Only mailed ballots received by the of any right secured in this act or to give
Philippine embassy, consulate and other false information as to his/her name,
foreign service establishments before the address, or period of residence for the
close of voting on the day of elections shall purposes of establishing his/her eligibility
be counted in accordance with Section 18 or ineligibility to register or vote under this
hereof. All envelopes containing the ballots act; or to conspire with another person for
received by the embassies, consulates and the purpose of encouraging the giving of
other foreign service establishments after false information in order to establish the
the prescribed period shall not be opened, eligibility or ineligibility of any individual to
and shall be cancelled and disposed of register or vote under this Act; or, to pay, or
appropriately, with a corresponding report offer to pa, or to accept payment either fro
thereon submitted to the Commission not application to vote in absentia or for voting.
later than thirty (30) days from the day of
elections. 24. 3 For any person to tamper with the
ballot, the mail containing the ballots for
Sec. 23. Security Measures to Safeguard overseas absentee voters, the election
the Secrecy and Sanctity of Ballots.- At all returns including the destruction,
stages of the electoral process, the mutilation and manipulation thereof.
Commission shall ensure that the secrecy
and integrity of the ballots are preserved.
24.4 For any person to steal, destroy, in this section are electoral offenses and
conceal, mutilate or alter any record, punishable in the Philippines.
document or paper as required for purposes
of this Act. The penalties imposed under Section 264 of
the Omnibus Election Code, as amended,
shall be imposed on any person found
24.5 For any deputized agent to refuse guilty of committing any set of the
without justifiable ground, to serve or prohibited acts as defined I this section.
continue serving, or to comply with his/her Provided, that the penalty or prision mayor
sworn duties after acceptance of his/her in its minimum period shall be imposed
appointments; upon any person found guilty of Section
24.3 hereof without the benefit of the
24.6 For any public officer or employee who operation of the Indeterminate Sentence
shall cause the preparations, printing, Law. If the offender is a public officer or a
distribution of information material, or post candidate, the penalty shall be prision
the same in website without the prior mayor in its minimum period. In addition,
approval of the Commission. the offender shall be sentenced to suffer
perpetual disqualification to hold public
24.7 For any public employee to cause the office and deprivation of the right to vote.
transfer, promotion, extension, recall of any
member of the foreign service corps, Immigrants and permanent residents who
including members of the attached do not resume residence in the Philippines
agencies, or otherwise cause movement of as stipulated in their affidavit under
any such member from his current post or Section 5 (d) within three (3) years after
position one (1) year before and three (3) approval of his/her registration under this
months after the days of elections, without Act and yet vote in the next elections
securing the prior approval of the contrary to the said section, shall be
Commission. penalized by imprisonment of not less than
one (1) year, and shall be deemed
24.8 For any person who, after being disqualified as provided in Section 5 (c) of
deputized by the Commission to undertake this Act. His/her passport shall be stamped
activities in connection with the “not allowed to vote”.
implementation of this Act, shall campaign
for or assist, in whatsoever manner, IX COUNTING OF VOTES
candidates in the elections.
For any person who is not citizen of the 1. The Board of Election Inspectors shall
Philippines to participate by word or deed, read the ballots publicly and shall not
directly or indirectly through qualified postpone the count until it is completed.
organizations/associations, in any manner (Section 206, BP 881)
and at any stage of the Philippine political 2. The Board of Election Inspectors shall
process abroad, including participation in assume such positions as to provide the
the campaign and elections. watchers and the public unimpeded view of
the ballot being read. (Section 25, RA 7166)
The Provision of existing laws to the 3. If on account of violence or similar
contrary notwithstanding, and with due causes it becomes necessary to transfer the
regard to the Principle of Double counting of the votes to a safer place, the
Criminality, the prohibited acts described BEI may effect the transfer by unanimous
approval of the board and concurrence of a c) Evidence aliunde is not necessary to
majority of the watchers present. (Section prove a ballot as marked. (Bacobo vs.
18, RA6646) COMELEC,191 SCRA 576)
4. Where a commotion resulted in d) A ballot in which a sticker was stuck by
suspension of the counting, the BEI may another person to invalidate it should not
recount the ballots. (Dayag vs. Alonzo) be rejected. (Lerias vs. HRET,202 SCRA
1. Excess Ballots
1. A ballot in which the first name or
If there are excess ballots, the poll clerk surname of a candidate is written should be
shall draw out as many ballots equal to the counted for him, if there is no other
excess without seeing them, and the excess candidate with the same name. (Lerias vs.
ballots shall not be counted. (Section 207, HRET,202 SCRA 808)
2. Spoiled ballots 2. If only the first name of a candidate is
written and it sounds like the surname of
Ballots in the compartment for spoiled another candidate, the vote shall be
ballots are presumed to be spoiled ballots. counted in favor of the latter.
If the BEI finds that a valid ballot was
erroneously deposited in the compartment 3. If there are two or more candidates with
for spoiled ballots. It shall be counted. the same name and one of them is
(Section 209, BP881) incumbent, the vote shall be counted in
favor of the incumbent.
3. Marked Ballot
a) Marked ballots shall not be counted 4. When two or more words are written on
(Section 208, BP881) different lines which are the surnames of
b) A ballot is considered marked in any of two or more candidates with the same
the following cases: surname of an office for which the law
• The voter signed the ballot. (Ferrer vs De authorizes the election of more than one,
Alban, 101 phil 10) the vote shall be counted in favor of all the
• There were variations in the style of candidates. With the same surname.
• The name of a a candidate was written 5. When the word written is the first name
more than twice of one candidate and the surname of
• The voter wrote the names of well-known another candidate, the vote shall be
public figures who are not candidates such counted for the latter.
as actors, actresses and national political
figures. (Protacto vs. De Leon, 9 SCRA 472)
• The ballot contains irrelevant 6. If the ballot contains the first name of
expression.(Bautista vs. Castro,206 SCRA one candidate and the surname of another,
305). However, the use of nicknames and the vote shall not be counted for either.
appellations of affection and friendship, if
accompanied by the name of the candidate 7. An incorrectly written name which
does not annul the ballot except when it is sounds like the correctly written name of a
used to identify the voter. (Section 211 (13), candidate shall be counted in his
BP811) favor(Bautista vs Castro,206 SCRA 606)
8. If the word written is the incidental name STRAY BALLOT
of two or more candidates for the same
office none of whom is incumbent, the vote Rule 14 of section 211 of the Omnibus
shall be counted in favor of the candidate Election Code considers three kinds of votes
who belongs to the same ticket as all other as stray: (1) a vote containing initials
candidates voted for in the ballot for the only,(2) a vote which is illegible, and ( 3) a
same constituency. vote which does not sufficiently identify the
candidate for whom it is intended.
9. The erroneous initial of the first name (Villarosa vs. HRET,340 SCRA 396)
accompanied by the correct surname of a
candidate or the erroneous initial of the The rule is in favor of the validity of the
same accompanied by the correct first ballot, not otherwise… The appearance of
name of a candidate shall not annul the print and script writings in a single ballot
vote in his favor. does not necessarily imply that two persons
wrote the ballot…
10. A ballot in which the correct first name
but wrong surname of a candidate is Paragraph 18,section 149 of the REC,
written or the correct surname but wrong provides that unless it should clearly
first name of a candidate is written ,shall appear that it has been deliberately put by
not be counted in his favor. the voter to serve as identification mark,
the use of two or more kinds of writing shall
11. Where a candidate named Pedro be considered innocent and shall not
Alfonso died on the eve of the election and invalidate a ballot..
his daughter Irma Alfonso substituted him,
ballots in which the name Pedro alfonso Under Section 211(19 ) of the OEC, any
was written cannot be counted in her favor. vote in favor of a person who has not filed a
(Afonso vs. COMELEC,232 SCRA 777) certificate of candidacy or in favor of a
candidate for an office for which he did not
12. If two or more candidates were voted for present himself shall be considered as an
in an office for which the law authorizes the astray vote, but it shall not invalidate the
election for only one, the vote shall not be whole ballot… The unexplained presence of
counted in favor of any of them. prominent letters and words written with
remarkably good hand marked the ballots
13. If the candidate voted for exceed the and must be considered invalid…
number of those to be elected, the votes for
the candidates whose names were firstly When in a space in the ballot there appears
written equal to the number of candidates a name of candidate that is erased and
to be elected shall be counted. another clearly written, the vote is valid for
the latter… incorrect spelling of a
14. Even if the name of a candidate was candidate’s name does not invalidate the
written on the wrong space, it should be ballot—for even the most literate person is
counted if the intention to vote for him can bound to commit a mistake in spelling.
be determined, as when there is a complete (Ong vs. COMELEC, 347 SCRA 681)
list of names of other offices written below
his name or the voter wrote the office for
which he was electing the candidate.
(Cordero vs.Moscardon,132 SCRA 414)
1. Before the announcement of the results
of the election in a precinct, any correction CANVASSING BODIES
or alteration in the election returns must be
initialed by all members of the BEI. 1. Congress
a. President
2. After the announcement of the results in b. vice president
a precinct, the authorization of the 2. COMELEC
COMELEC is needed to make any a. Senators
correction or alteration. b. Regional Officials
3. Provincial board of canvassers
• If the petition is by all members of the a. Congressman
BEI, the results of the election will not be b. Provincial officials
affected, and none of the candidate affected 4. District Board of Canvassers in each
objects, the COMELEC, upon being legislative district in Metro Manila
satisfied of the veracity of the petition, shall a. Congressman
order the correction. b. Municipal official
5. City and Municipal Board of Canvassers
• If a candidate affected by the petition a. Congressmen
objects and the correction will affect the b. City and municipal officials
results of the election, the COMELEC shall 6. Barangay Board of Canvassers
order a recount of the votes, if it finds the a. Barangay officials
petition meritorious and the integrity of the
ballot box has not been violated (section SUPERVISORY POWER OVER THE BOARD
216, BP 881)
The COMELEC exercises direct supervision
and control over the proceedings before the
WHAT CONSTITUTE AN ELECTION board of canvassers (Mastura vs.
COMELEC, 285 SCRA 493)
Plurality of votes sufficient for choice
Not necessary that a majority of voters CANVASSERS
should vote
1. Ministerial- it has only the ministerial
CERTIFICATE OF VOTES task of tallying the votes as reported in the
election returns and declare the results,
The BEI shall issue a certificate of the and cannot exercise the judicial power of
number of votes received by a candidate deciding an election contest. The correction
upon request of a watcher. (Section 16, of the manifest mistake in the
RA6646) mathematical addition calls for a mere
clerical task on the part of the board. The
The certificate of votes is admissible in remedy is purely administrative.
evidence to prove anomaly in the election (Tatlonghari vs. COMELEC,199 SCRA 199)
return when authenticated by testimony or 2. Quasi-Judicial- The Comelec exercises
documentary evidence of at least two judgment or discretion to determine
members of the BEI. whether any given return before it is
genuine in connection with the canvass of candidate was not present when the
votes. canvassing was resumed because he was
notified is not a ground to annul the
PROCEDURE canvass. (Quilala vs. COMELEC,188 SCRA
1. The COMELEC has direct control and 2. Any registered political party and
supervision over the board of canvassers candidate has the right to be present and to
except congress. It may motu proprio counsel
relieve at any time and substitute any a. only one counsel may argue for each
member of the board of canvassers. (section party of candidate; no dilatory action shall
227, BP 881) be allowed
• A municipal court has no jurisdiction to 3. Problem areas
restrain the municipal board of canvasser.
(Librados vs. Casar,234 SCRA 13) a. Lost return

2. Manner of delivery of election Return • If any election return has been lost, upon
a. The BEI shall personally deliver to the prior authority of the COMELEC, the board
city or municipal board of canvassers the of canvassers may use authentic copy of it
copy of the election returns intended for or a certified copy of it issued by the
them sealed in an envelop, signed and COMELEC(Section 233,BP 881). It is not
thumbmarked by the members of the BEI. necessary that all the other copies shall be
The fact that an election return was not • If an election return is missing a recount
locked in the ballot box when it was should not be ordered if there is any
delivered to the board of canvassers is not authentic copy available(Ong vs.
ground for excluding it in the absence of COMELEC, 216 SCRA 866)
proof that it was tampered with (Pimentel • If all copies of the Election returns were
vs. Comelec,140 SCRA 126) lost, a recount of the ballots should be
b. The BEI shall personally deliver to the • The certificate of votes signed by the BEI
provincial and district board of canvassers and tally board cannot be used for the
the copy of the election returns intended for canvass, because only election returns are
them to the election registrar. evidence of the results of the election.
(Garay vs COMELEC, 262 SCRA 222)
c. Watchers have the right to accompany b. Omission in the return
the members of the BEI and the election • in case of an omission in the election
registrar during the delivery of the election return of the names of a candidate or his
returns to the board of canvassers. (section votes, the board of canvassers shall require
229, BP 881) the BEI to complete it.
• If the votes omitted cannot be ascertained
RIGHTS OF CANDIDATES except by recounting the ballots, after
ascertaining the integrity of the ballot has
1. Every registered political party and not been violated, the COMELEC shall
candidate is entitled to one watcher in the order the BEI to count the votes for the
canvassing center, but candidates for the candidate whose votes were omitted and to
local legislative bodies belonging to the complete the return. Since the omission of
same party are entitled collectively to one the election return on the number of votes
watcher. The fact that the watcher of a certain candidates received is not a
discrepancy, a recount of the vote should
be ordered instead of excluding the election PROCLAMATION
return in the canvassing. (Patoray vs.
COMELEC,249 SCRA 490) 1. An incomplete canvass of votes is illegal
cannot be a basis of a valid proclamation
c. Tampered or falsified return (Samad vs. COMELEC,224 SCRA631,Loong
vs. COMELEC,257 SCRA 1) a canvass
• If the election return submitted to the cannot be reflective of the true vote of the
board of canvassers was tampered with or electorate unless all returns are considered
falsified or prepared under duress or by and none is omitted (Caruncho III vs.
persons other than the BEI, the board shall COMELEC,315 SCRA 693)
use the other copies of the election return. 2. If the questioned election returns will not
• If the other copies of the election returns affect the result of the election, a
were also tampered with or falsified or proclamation may be made upon the order
prepared under duress or by persons other to the COMELEC after notice and hearing.
than the BEI, the COMELEC after 3. A proclamation made where the
ascertaining that the integrity of the ballot contested returns set aside will affect the
box has not been violated,shall order the result of the election and the board of
BEI to recount the votes and prepare a new canvassers proceeded to proclaim without
return. the authority from the COMELEC is null
• If the certificate of canvass was tampered and void. (Sema vs. COMELEC,347 SCRA
with, the COMELEC may order that any of 633)
the copies of the election returns be used in 4. The mere filing of a petition for
making a new canvass.(Mastura vs. disqualification is not a ground to suspend
COMELEC,265 SCRA 493) the proclamation of the winning candidate-
• Since an election return prepared without in the absence of an order suspending
counting the ballots is a fabrication, it proclamation, the winning candidate who is
should not be counted and a count of the sought to be disqualified is entitled to be
ballot should be ordered.( Lucero vss. proclaimed as a matter of law. (Bagatsing vs
5. Filing of pre-proclamation controversy
d. Discrepancies in returns under 2448 of BP881 is not the only
grounds for the suspension of
If there are discrepancies in the other proclamation.
authentic copies of the return or in the 6. The proclamation of a winning candidate
words or figures in the same return and it cannot be annulled if he has not been
will affect the result of the election, the notified of the motion to set aside his
COMELEC, after ascertaining that the proclamation. (Caruncho vs.
integrity of the ballot box has not been COMELEC,315 SCRA 693)
violated, shall order the recount of the 7. The fact that the candidate who obtained
ballots. the highest number of votes is later
If there is discrepancy between the tally and declared to be disqualified or nor eligible for
the written figures in the election return, it the office to which he was elected does not
should be excluded from the canvassing necessarily entitle the candidate who
and a recount of the ballots should be made obtained the second highest number of
or the certificate of votes cast in the votes to be declared the winner of the
precinct should be used. (Patoray vs. elective office… To allow the defeated and
COMELEC,249 SCRA 440) repudiated to take over the mayoralty
despite the rejection by the electorate is to A pre-proclamation controversy is limited to
disenfranchise the electorate without any an examination of the election returns on
fault of their part and to determine the their face- The COMELEC as a general rule
importance and meaning of democracy and need not go beyond the face of the returns
the people’s right to elect officials of their and investigate alleged election
choice… Court a quo correctly held that the irregularities.
second placer lost the elections and was To require the COMELEC to examine the
repudiated by either a majority or plurality circumstances surrounding the preparation
of voters. (Loreto vs. Brion,311 SCRA 694) of the returns would run counter to the rule
that a pre-proclamation controversy should
TIE be summarily decided.
1. A tie among two or more candidates for Where the resolution of the issues raised
president or vice president shall be broken would require the COMELEC to “pierce the
by majority vote of both houses of congress veil” of election returns that appear prima
voting separately (Section 4. ART VII, PHIL facie regular, the remedy is a regular
CONT”N) election protest.
2. In the case of other positions, the ties The office of pre-proclamation controversy
shall be broken by the drawing of lots. is limited to incomplete, falsified or
materially defective returns which appear
FAILURE TO ASSUME OFFICE If a as such on the face. (Sebastian VS
candidate fails to take his oath of office COMELEC, 327 SCRA 406)
within 6 months from his proclamation,
unless for a cause beyond the control of the B. JURISDICTION
elected official, his office will be considered 1. Questions involving the legality of the
vacant. (section 12, BP 881) composition or proceeding of the board of
canvassers, except congress, may be raised
XI PRE-PROCLAMATION CASES initially in the board of canvassers or the
COMELEC.(SEC 15 and 17, RA 7166)
A. Definition; coverage 2. Questions involving the election returns
and certificate of canvass should be
Pre-proclamation controversy refers to any brought in the first instance before the
question pertaining to or affecting the board of canvassers only (Section 17, RA
proceedings of the board of canvassers 7166)
which may be raised by any candidate or by
any registered political party or coalition of C. SCOPE OF PRE-PROCLAMATION
political parties before the board or directly CONTROVERSY
with the Commission, or any matter raised
under sections 233,234,235 and 236 in ISSUES
relation to the preparation, transmission, 1. Provincial, city and municipal officials
receipt, custody and appreciation of the
election returns. (Chu vs. COMELEC,319 d. The composition of the proceeding of the
SCRA 482) board of canvassers is illegal
In pre-proclamation controversy, the board e. The returns are incomplete, contain
of canvassers and the COMELEC are not to material defects, appear to be tampered
look beyond or behind election returns with or falsified or contain discrepancies in
which are on their face regular and the same returns or in other authentic
authentic returns.(CHU,supra) copies;
f. The returns were prepared under duress of canvassing nor delay the proclamation of
or are obviously manufactured or not the winner in the election. (Sandoval vs.
authentic; COMELEC,323 SCRA 403)
g. Substitute or fraudulent returns were
canvassed, the result of which materially 2. The canvassing body may motu proprio
affect the standing of the aggrieved or upon petition of an interested party
candidate. correct manifest errors in the certificate of
canvass or election return. (Sec 15,
i. A copy of an election return or certificate
3. President, vice president, senators, of canvass was tabulated more than once.
congressmen and barangay officials ii. Two or more copies of the same election
return or certificate of canvass were
No pre-proclamation case is allowed tabulated separately.
regarding the preparation, transmission, iii. There was a mistake in copying the
receipt, custody and appreciation of the figures into the statement of votes or
election return or certificate of certificate of canvass.
canvass.(Chaves vs COMELEC,211 SCRA
315) Errors in addition in the certificate of
canvass may be corrected. (Ong vs
CANVASS iv. Returns from non-existent precincts
Correction of manifest errors has reference were included in the canvass
to errors in the election returns, in the
entries of the statement of votes by The statement of votes cannot be corrected
precinct/per municipality, or in the on the basis of a certification given to a
certificate of canvass… a manifest clerical watcher, since election returns are what are
error is one that is visible to the eye or supposed to be the basis of the canvass.
obvious to the understanding, and is (Ramirez vs. COMELEC,270 SCRA 390)
apparent from the papers to the eye
appraiser and the collector, and does not STATISTICAL IMPROBABILITIES
include an error which may, by evidence
dehors the record to be shown to have been An election return which is statistically
committed. (Trinidad vs. COMELEC,320 improbable is obviously fabricated and
SCRA 836) should not be counted.
i. Where the votes cast in 50 precincts for
1. While the first sentence of section 15 of the candidates for senators of one party
RA 7166 prohibits candidates in the equalled the number of registered voters, all
presidential, Vice presidential, senatorial the candidates for senators of that party
and congressional elections from filing pre- received the same number of votes, and all
proclamation case, the second sentence the candidates for senators of the opposing
allows the filing of petitions for correction of party got no votes, the election returns are
manifest errors in the certificate of canvass statistically improbable and are obviously
or election returns even in elections for fabricated.(Lagumbay vs. Climaco, 16 SCRA
president, vice-president, senators and 175)
members of the House of Representatives ii. Where only one candidate of a party got
for the simple reason that the correction of all the votes in some precincts and his
manifest error will not prolong the process opponent got zero, the other candidates for
the other party for other positions received case. (Villegas vs. COMELEC, 99 SCRA
votes, the number of votes cast were less 5892)
than the number of registered voters, the b) Questions on the appreciation of the
election returns are not statistically ballots can not be raised in pre-
improbable. (Sangki vs COMELEC, 21 proclamation case. (Alfonso vs.COMELEC,
SCRA 1391)sss 232 SCRA 777)Thus, the claim that a
iii. The mere fact that a candidate receive candidate was not credited with votes cast
overwhelming majorities over another for him because his name was similar to
candidate in numerous precinct does not that of another disqualified candidate
make the election return statistically cannot be raised in a pre-proclamation
improbable. (Ilarde vs. 31 SCRA71) case.(Chavez vs. COMELEC, 211 SCRA 315)
iv. The mere fact that the percentage of Likewise, the claim that some ballots were
turnout of voters was high and that a spurious, marked or invalid cannot be
candidate received high percentage of the raised in a pre- proclamation case. (Pataray
votes does not make the election returns vs. COMELEC,274 SCRA 470)
statistically improbable.(Doruelo vs. c) Terrorism of voters, voting by flying
COMELEC ,133 SCRA 376) voters, deprivation of the right to vote of
v. The bare fact that candidate for public registered voters and vote buying cannot be
office had received zero vote is not enough raised in a pre-proclamation case (Allarde
to make returns statistically improbable vs. COMELEC,159 SCRA 623)
(Ocampo vs.COKELRC,325SCRA 636) d) Vote buying and secrecy in the
v. Standing alone without more, the bare preparation of ballots are not proper
fact that a candidate for public office had grounds for pre-proclamation case (Salazar
receive zero votes in one or two precincts vs. COMELEC,184 SCRA 433)
can not adequately support a finding that e) The claim that the voters were allowed to
the subject election returns are statistically vote without verifying their identities, that
improbable- the doctrine of statistical there were discrepancies between the
improbability must be viewed restrictively, signatures in the voter\s affidavits and the
the utmost care being taken lest in voting record, and third persons falsely
penalizing the fraudulent and corrupt voted for voters who did not vote are not
practices, innocent voters become proper issues in a pre-proclamation case
disenfranchised…The doctrine of statistical (Dipatuan vs. COMELEC,185 SCRA 86)
improbability involves a question of fact f) Technical examination of the signatures
and more prudential approach prohibits its and thumbprints of the voters to prove
determination ex parte.(Velayo vs. substitute voting is not allowed in a pre-
COMELEC,327 SCRA713) proclamation case. (Balindong vs.
ISSUES NOT RESOLVABLE IN PRE- g) The padding of the list of voters cannot
PROCLAMATION CONTROVERSY be raised in a pre-proclamation case, since
it does not involve the election return.
1. Issues involving the casting or the (Ututahan vs. COOOMELEC,189 SCRA
counting of the ballots are not proper in 335)
pre- proclamation cases. h) The fact that the voting was sham or
minimal is not a ground for filing a pre-
a) The use of illegal election propaganda, proclamation case, since this is properly
vote-buying and terrorism of the voters are cognizable in an election protest.(Salih vs.
not proper issues in a pre-proclamation COMELEC,279 SCRA 19)
i) To look beyond or behind election returns summary simply means with dispatch, with
is not a proper issue in pre-proclamation the least possible delay, signifying that the
controversy (Ocampo vs. COMELEC, 325 power may be exercised without trial in the
SCRA 636) ordinary manner prescribed by law for
j) The fact that the counting of the votes regular judicial proceedings.(Velayo
was not completed because of the explosion vs.Comelec,372 SCRA 713)
of grenade and that no election was held
cannot be raised in a pre-proclamation 2. RA 7166 explicitly provides that it is only
case, as these are irregularities that do not on the basis of the official records that the
appear on the face of the election returns. COMELEC can decide the pre-proclamation
(Matalam vs. COMELEC,271 SCRA 733) controversy in a summary manner. (Velayo
vs. COMELEC,327 SCRA 713)
2. Administrative lapses which do not affect
the authenticity of an election return 3. All pre-proclamation controversies on
cannot serve as basis for annulling the election returns or certificates of canvass
election return. shall be disposed of summarily-first by the
record of canvassers and then. By the
a) The failure to close the entries in the COMELEC. (Chu vs. COMELEC, 319 SCRA
election returns with the signature of the 482)
BEI, lack of seals, absence of time and date
of receipt of election return by the board of A. Procedure in contested composition or
canvassers, lack of signature of watchers of proceeding of the Board of Canvassers
the petitioner, and the lack of authority of
the person who received the election The illegality of the composition of the
returns do not affect the authenticity of the board of canvassers cannot be questioned
returns. (Baterina vs. COMELEC,205 SCRA after the proclamation of the winner, since
1) it must be raised immediately. (Laodenio vs.
b) The absence of the signature of the COMELEC,276 SCRA 705)
claimant of the BEI on the voter’s affidavits, The ruling of the board of canvassers on
list of voters and voting records, absence or question affecting its composition or
excess of detachable coupons, proceeding may be appealed to the
discrepancies between the member of COOMELEC in 3 days.(Section 19 RA 7166)
detachable coupons and the number of
ballots, missing voter’s lists are mere B. Procedure in case of contested returns
administrative omissions and cannot be 1. Objections to an election return shall be
used as basis to annul an election return. submitted orally to the chairman of the
(Arroyo vs. HRET, 246 SCRA 384) board of canvassers at the time the return
3. Where the threats of the followers of a is presented for inclusion in the canvass
candidate did not affect the genuineness of and shall be entered in the form for written
an election return, it should not be objection(Sec 20 (a) and (c),RA 7166)
excluded (Salvacion vs. COMELEC,170 a. An objection made after the canvass is
SCRA 513) late.(Guiao vs /comelec,137 SCRA
356,Navarro vs COMELEC,228 SCRA 596)
SUMMARY DISPOSITION OF PRE- b. a petition for correction of the statement
PROCLAMATION CONTROVERSY of votes may be filed after the proclamation
of the winner, although no objection was
1. Summary proceedings cannot be made during the canvass, as error was
stretched to mean ex parte proceeding- discovered only after the petitioner got a
copy of the statement of votes. (Duremdes to the COMELEC within 5 days. (section
vs. COMELEC,178 SCRA 746). It must be 20(f),RA 7166)
filed not later than 5 days after the
proclamation.(Section 5(b), Rule 27 of a. Appellate jurisdiction
COMELEC rules of procedure)
However, the five-day deadline is not The RTC has NO jurisdiction to review the
applicable to a petition for the annulment of decision of the municipal board of
proclamation of a candidate when it was his canvassers to correct a certificate of
opponent who obtained the majority for canvass.(Cabanero vs CA)
what was corrected was not the entries but
the computation of the votes. (Mentang vs. The RTC has no jurisdiction to compel the
COMELEC,229 SCRA 666) municipal board of canvassers, which
Under the COMELEC Rules of procedure, a suspended the proclamation because of a
petition for correction of the certificate of possible discrepancy in the election return,
canvass may be filed even before the to make a proclamation. (In re COMELEC
proclamation of the winner. (Bince vs. Resolution no.2521,234 SCRA 1)
Comelec,242 SCRA273) A petition for
correction of manifest errors in the b. Period of appeal
statement of votes can be decided by the
COMELEC en banc at the first instance, Since the proclamation of a candidate who
since it does not involve an election protest finished second made after the candidate
or a pre-proclamation case (Ramirez vs. who got the highest number of votes was
COMELEC,270 SCRA 590) killed is patently void, a late appeal should
The COMELEC has the power to order the be allowed. (Benito vs. CCOMELLEC,235
correction of the statement of votes to make SCRAS 436)
it conform to the election returns.
(Castromayor vs. COMELEC,250 SCRA 298) The COMELEC cannot by regulation
shorten the period to question its decision
2. The canvass of any contested return before the SC for under the Constitution
shall be deferred and the board of the period of 30 days can be shortened by
canvasser shall proceed to canvass the law only.(Sardea vs. COMELLEC,225 SCRA
uncontested return (Section 20(b),RA 7166) 374)
3. Within 24 hours, the objecting party
shall submit evidence in support of the 7. The COMELEC shall decide the appeal
objections. within 7 days from receipt of the records,
4. Within 24 hours after presentation of the and the decision shall be executory after 7
objection, a party may file a written days from receipt by the losing party.
opposition and attach the supporting (Sections 18 and 20(f), RA 7166)
evidence.(Section 20c, RA 7166)
5. The board of canvassers shall summarily TERMINATION OF PRE-PROCLAMATION
rule in the contested returns (Section CASE
20(d),RA 7166)
6. A party who intends to appeal should Once a proclamation has been made, the
immediately inform the board of pre-proclamation case is no longer viable
canvassers. Within 24 hours he must file a and should be dismissed (Sardea vs.
written and verified notice of appeal with COMELEC). However this rule presupposes
the board of canvassers and take his appeal the proclamation is valid. It does not apply
if the proclamation is void, because it was
based on incomplete returns.(Matalam vs. having been designated. (Saman vs.
COMELEC 271 SCRA 733). The same holds COMELEC,224 SCRA 631)
true if the returns were manufactured.
The same hols true where the computation
of votes was erroneous. (Mentang vs. If the petition appears meritorious on the
COMELEC,229 SCRA 669) basis of the evidence presented so far, the
COMELEC or the SC may order the case to
All pre-proclamation cases pending before continue. (Section 16, RA 7166)
the COMELEC shall be terminated at the
beginning of the term of the office (noon of
June 30) involved, and the rulings of the PROCLAMATION
board of canvassers shall be deemed
affirmed, without prejudice to the filing of 1. The Board of Canvassers shall not make
an election protest by the aggrieved party. any proclamation without any authorization
(Penaflorida vs. COMELEC,282 SCRA 241 from the COMELEC (Jamil vs
And Barroso vs Ampig,328 SCRA 530) COMELEC,283 SCRA 349)

The pre-proclamation case should no longer 2. Proclamation may be made if the
be decided if exclusion of the questioned contested returns will not adversely affect
election return will not change the result of the results of the elections. (Section 20 (i),
the election. (Matalam vss. COMELEC,271 RA 7166)
SCRA 733)
3. The COMELEC may order the
EFFECT OF FILING AN ELECTION proclamation of other winning candidates
PROTEST,QUO WARRANTO whose election will not be affected by the
pre-proclamation case. (Section 21, RA
1. As a general rule, the filing of an election 7166)
protest or a petition for quo warranto
precludes the subsequent filing of a pre- 4. A candidate for mayor who finished
proclamation controversy, or amounts to second cannot be proclaimed simply
the abandonment of one earlier filed. because the candidate who received the
(Maruhom vs. COMELEC,331 SCRA 473) highest number of votes died, since he was
2. The filing of an election protest results in not the choice of the people. (Benito vs.
abandonment of a pre-proclamation case COMELEC, 23335 SCRA 436)
even if the protest alleged it was filed as a
precautionary measure, if he did not 5. The wreath of victory cannot be
explain why.(Laodenio vs. COMELEC,276 transferred from the disqualified winner to
SCRA 405) the repudiated loser because the law then
3. The rule that the filing of a protest as now only authorizes a declaration of
implies abandonment of the pre- election in favor of the person who has
proclamation case does not apply if: obtained a plurality of votes to be declared
i. The protest was filed as a precautionary elected. (Sunga vs. COMELEC,288 SCRA
measure (Mitmug vs. COMELEC,230 SCRA 76)
ii. The board of canvassers was improperly
constituted, as when the Municipal ANNULMENT OF PROCLAMATION
Treasurer took over the canvassing without
1. The COMELEC can annul a proclamation
because of an error in the computation of 1) Supreme Court (Presidential Electoral
the votes in the statement of votes since the Tribunal)
proclamation is void.(Torres vs. 1.
COMELEC,270 SCRA 583) • President
• Vice-President ( Sec. 4, Art VII, Phil.
2. Where the COMELEC, without prior Const)
notice and hearing, annulled the
proclamation of a winning party and 2) Senate Electoral tribunal
directed the Municipal Board of Canvassers • Senators (Sec 17, Art VI, PC)
to reconvene and effect corrections in the
total number of votes received by the 3) House of Representatives Electoral
candidates and thereafter proclaim the Tribunal
winner, the expedient action to take is to
direct the Municipal Board of Canvassers to • Congressmen ( Sec 17, Art VI, PC;
reconvene and. after notice and hearing in Sampayan vs. Daza, 213 SCRA 807)
accordance with rule 27, section 7 of the
COMELEC Rules of Procedure, to effect the 4) Commission on Elections
necessary correction, if any, in the election • Regional Officials
returns and, on the basis thereof, proclaim • Provincial Officials
the winning candidate or candidates as • City Officials ( Sec 2(2). Art IX-C, PC; Sec
members of the Sangguniang Bayan( 249 BP 881)
Angelia vs. COMELEC,332 SCRA 757)
5) Regional Trial Court
3. It is improper for the COMELEC to annul • Municipal Officials ( Sec 2(2), Art IX-C,
the proclamation of a winning candidate on PC; Sec 251, BP 881, Papandayan vs.
the basis of new and additional evidence COMELEC , 230 SCRA 469)
which were not presented before the Board 6) Metropolitan Trial Court, Municipal
of Canvasssers and which were not Circuit Trial Court, and Municipal Trial
furnished to the said candidate… Reliance Court
should not be placed on mere affidavits for • Barangay Officials [ Sec 2(2), Art IX-C, PC;
the purpose of annulling a winning Sec 252 BP 881; Regatcho vs. Cleto, 126
candidate’s proclamation. (Velayo vs. SCRA 342]
COMELEC, 327 SCRA 713) • Sangguniang Kabataan ( Sec 1, RA 7166)

4. A proclamation subsequently declared B. Action which may be filed
void is no proclamation at all and while a i. Election Protest
proclaimed candidate may assume office on
the strength of the proclamation of the Requisites:
Board of Canvassers he is only a i. Must be filed by any candidate who has
presumptive winner who assumes office filed a certificate of candidacy and has been
subject to the final outcome of the election voted upon for the same office.
protest. (Lonzanida vs. COMELEC, 311 SRA ii. On ground of fraud, terrorism,
602) irregularities or illegal acts committed
before, during or after the casting and
ELECTION CONTESTS counting of votes
iii. Within 10 days from the proclamation of
A. Jurisdiction the results of the election.
ii. Quo Warranto proceeding.(Gallardo vs Rimando, 187
SCRA 463)
Requisites: iii. The running of the reglementary period
i. Filed by any registered voter in the to file an election protest is tolled by a
constituency party’s elevation to the Supreme Court of a
ii. On grounds of ineligibility or disloyalty to COMELEC decision resolution of
the Republic of the Philippines proclamation case. ( Roquero vs COMELEC
iii. Within 10 days from the proclamation of , 289 SCRA 120)
the results of the election iv. The period to file an election protest is
suspended by the filing of the petition to
C Procedure annul the proclamation of the winner
(Manahan vs Bernardo, 283 SCRA 505)
1. Period of filing contest v. Since the filing of a pre-proclamation
a. Periods case merely suspends the running of the
i. President and Vice-President period to file an election protest, only the
1) Protest- 30 days ( Rule 14, Rules of balance of the period is in case of dismissal.
Presidential Electoral Tribunal) ( Roquero vs COMELEC , 289 SCRA 150)
2) Quo Warranto- 10 days ( Rule 15, Rules vi. Where the evidence of the lack of Filipino
of Presidential Electoral Tribunal) citizenship of a provincial official was
ii. Senators discovered only 18 months after his
1) Protest – 15 days ( Rule 14, Revised proclamation, the quo warranto case
Rules of Senate Electoral Tribunal) should be allowed even if it filed more than
2) Quo Warranto – 10 days ( Rule 15, 10 days after his proclamation. ( Frivaldo vs
Revised Rules of Senate Electoral Tribunal) COMELEC , 174 SCRA 245)
iii. Congressmen- 10 days ( Rule 16 and
17.1998 Rules of House of Representatives 2. Protestant or Petitioner
Electoral Tribunal)
iv. Regional, provincial and city officials-10 President and Vice-President
days ( Sec 250 and 253, BP 881; Republic
vs. Dela Rosa, 232 SCRA 78) i. protest- Candidate with second or third
v. Municipal Officials- 10 days ( Secs 251 highest number of votes ( Rule 14, Rules of
and 253, BP 881) Presidential Electoral Tribunal)
vi. Barangay Officials – 10 days ( Sec 252 ii. Quo Warranto- any voter ( Rule 15, Rules
and 253, BP 881) of Presidential Electoral Tribunal)
vii. Sangguniang Kabataan- 10 days ( Sec
1, RA 7808) Senator
b. Exceptions
i. The period to file an election protest or i. Protest- any candidate ( Rule 14, Revised
quo warranto case is suspended from the Rules of Senate Electoral Tribunal)
filing of a pre-proclamation case until ii. Quo Warranto- any voter ( Rule 15, 1998
receipt of the order dismissing the case. Rules of Senate Electoral Tribunal)
(Sec 248, BP 881; Gatchalian vs CA , SCRA
208) Congressmen
ii. If the dismissal was elevated to the
Supreme Court , the period does not run i. Protest- any candidate
until receipt of the dismissal by the ii. Quo Warranto- Any voter ( Rule 17, 1998
Supreme Court, because review by the Rules of House of Representatives Electoral
Supreme Court is part of the Tribunal)
• The protestant finished second in the
Regional, provincial, City Officials election ( Ali vs CFI of Lanao, 80 Phil 506)
• The protestant was a candidate voted for
i. Protest- any candidate ( Sec 250, BP 881) in the election with a valid certificate of
ii. Quo Warranto- any voter ( Sec 253, BP candidacy for mayor ( Pamania vs Pilapil,
881) 81 Phil 212)
• The protestant was one of the registered
Municipal Officials candidates voted for and he received a
certain number of votes ( Jalandoni vs
i. Protest- any candidate- ( Sec 251 , BP Sarcon, 94 Phil 266)
881) • The protestant was the official candidate
ii. Quo Warranto- any voter ( Sec 253, BP of a [particular political party and received
881) a certain number of votes ( Maquinay vs
Barangay Officials Bleza, 100 SCRA 702)
i. Protest- any candidate- ( Sec 252, BP • The protestant was a candidate for
881) governor and was voted for. ( Macias vs
ii. Quo Warranto- any voter ( Sec 253, Bp COMELEC, 182 SCRA 137)
881) • Even if the protest did not allege the date
of the proclamation, it can be determined
Payment of Docket Fee from the records of the case that it was filed
on time, as when the protest was filed on
When the protestant included a claim for the tenth from the date the casting of votes
attorney’s fees in his protest and paid the was held, the protest should not be
docket fee for his claim for attorney’s fees dismissed. (Miro vs COMELEC, 121 SCRA
but did not pay the basic docket fee for the 466)
election protest , the election protest should
be dismissed. ( Gatchalian vs CA, 245 Verification/Certificate of Absence of Forum
SCRA 208) Shopping

Allegations in Protest When the petioner failed to state in his
verification that the contents of the election
• An election protest should contain the protest are true and correct of his own
following jurisdictional allegations: personal knowledge , said petition lacks
• The protestant is a candidate who duly proper verification and should be treated an
filed a certificate of candidacy and was unsigned pleading and must be dismissed. (
voted for in the election Soller vs COMELEC, 339 SCRA 685)
• The protestee has been proclaimed elected
• The date of proclamation ( Miro vs • Forum Shopping exists when the
COMELEC, 121 SCRA 466) petitioner files multiple petitions or
• An election protest which does not specify complaints involving the same issues in two
the precinct where the alleged irregularities or more tribunal or agencies. ( Domingo vs
occurred is fatally defective . (Pena vs HRET COMELEC, 313 SCRA 311)
, 270 SCRA 340) • The requirement that every initial
• Substantial compliance is sufficient . pleading should contain certification of
Thus the following allegations sufficiently absence of forum shopping applies to
comply with the first requirement. election cases for Circular No. 04-94 does
• The protestant received a certain number not distinguish ( Loyola vs CA 245 SCRA
of votes ( Anis vs Contreras, 55 Phil 929)
477, Tamarong vs Lubguban, 269 SCRA • Substantial Amendments to the election
624) protest cannot be made after the expiration
• SC Adm. Circular No 04-94 requiring a of the period for filing an election protest. (
certification of non-forum shopping is Arroyo vs HRET, 224 SCRA 384)
applicable to election cases as it is
mandatory . It is, however not Preliminary Motions
jurisdictional.. The filing of a certification of
absence of forum shopping after the filing of A motion to dismiss and a motion for a bill
the protest but within the period for filing a of particulars may be filed in an election
protest is substantial compliance. ( protest pending before the regular courts,
Tumarong, supra) since the COMELEC Rules of Procedure are
• The strict application of the non-forum not applicable to the regular courts because
shopping rule in election contests would of the exclusive rule-making power of the
not work to the best interest of the parties Supreme Court. ( Aruelo vs CA, 227 SCRA
and the electorate . An election contest, 311)
unlike an ordinary civil action , is clothed
with public interest--- it involves not only Answer
the adjudication of private and pecuniary
interest of rival candidates but paramount An answer file out of time cannot be
to their claims is the deep public concern admitted ( Kho vs COMELEC 279 SCRA
involved and the need of dispelling the 463)
uncertainty over the real choice of the
electorate. ( Barroso vs Ampig Jr, 328 SCRA Where the answer of the protestee was filed
530) out of time and a general denial was
entered in favor of the protestee, the rule in
Joinder of Election Protest and Quo civil cases that general denials operates as
Warranto Cases an admission is not applicable ( Loyola vs
HRET, 229 SCRA 90)
• An election protest and quo warranto case
cannot be filed jointly in the same A counter protest cannot be allowed if the
proceeding. However, they can be filed answer was filed out of time ( Lim vs
separately. ( Luisaon vs Garcia , GR No L- COMELEC, 282 SCRA 53)
10916, May 10, 1957). If they were joined
in an action , they should be ordered Cash Deposit
separated. ( Pacal vs Ramos, 81 Phil 20)
A protestee who filed a counterclaim for
Composition of Board of Canvassers attorney’s fees cannot be required to file a
cash deposit since a cash deposit is
• The illegality of the composition of the required only for a counter-protest ( Roa vs
board of canvassers cannot be raised in a Inting, 231 SCRA 57)
quo warranto case, as only the ineligibility
or disloyalty of the winner can be raised in Injunction
such case ( Samad vs COMELEC, 224
SCRA 631) A protestee cannot be enjoined from
assuming office because of the pendency of
Change Theory an election protest. Until the case is
decided against him, he has the right to
assume office. ( Careno vs Dictado, 160 Manila ( Cabagnot vs COMELEC, 260 SCRA
SCRA 759) 503)

Substitution 17. Deferment of Counter Protest

a. Even if the protestee has resigned , the A protestee cannot ask that before making
protest should continue , as a favorable the revision of the ballots involved in his
judgement will be entitled the protestant to counter-protest, the court first determine
assume the office ( Delos Angeles vs that the protestant would win on the basis
Rodriguez, 46 Phil 599) The same holds of the revisions of the ballots involved in the
true if the protestee accepted another protest (Abeja vs Tanada, 236 SCRA 60)
position ( Calvo vs Maramba, GR No 13206,
January 7, 1918) 18. Certiorari
b. If the protestee died, he should be
substituted by his successor such as the Under Sec 50 of BP 697, the COMELEC has
vice-mayor ( Dela Victoria vs COMELEC, jurisdiction over petitions for certiorari,
199 SCRA 561) He cannot be substituted prohibition and mandamus involving
by his heirs, since public office cannot be election cases pending before the courts
inherited. ( Abeja vs Tanada, 236 SCRA 60) whose decisions are appealabe to it (
Relampagos vs CUmba, 243 SCRA
c. If it is the protestant who died, he should 690;Edding vs COMELEC 246 SCRA 502)
be substituted by the public official who
would have succeeded him, such as the Where a petition for certiorari merely
vice-mayor. ( De Castro vs COMELEC 267 questioned the denial of the motion of the
SCRA 806) protestee for extension of the time to
answer, the COMELEC cannot affirm the
14. Abandonment decision of the merits in the election
protest. ( Acosta vs COMELEC, 293 SCRA
A defeated candidate for president who filed 578)
an election protest and ran for senator
should be deemed to have abandoned the 19. Evidence
protest (Santiago vs Ramos, 253 SCRA 559)
The genuineness of the handwriting in the
15. Summary Judgment ballots can be determined without calling
An election protest cannot be decided handwriting experts. ( Erni vs COMELEC,
summarly, as summary judgment applies 243 SCRA 578)
only to ordinary civil action for recovery of
money (199 SCRA 449) Unless the original documents or certified
true copies of them cannot be produced or
16. Opening of Ballots photo-copies cannot be used as evidence (
Arroyo vs HRET, 246 SCRA 384)
When an election protest is filed. The ballot
boxes should be opened without requiring Ballots cannot be excluded on the ground
proof of irregularities, and misappreciation that they were written by any person or
of ballots ( Manahan vs Bernardo, 283 were marked on the basis of mere photo-
SCRA 505) copies, as they are not the best evidence (
The revision of ballots in an election protest Nazareno vs COMELEC 279 SCRA 89)
filed with COMELEC should be held in
20. Demurrer The failure of the extant election laws to
reproduce Sec 218 of the Election Code of
A motion to dismiss for insufficiency of the 1971 does not mean that the execution of
evidence of the protestant has rested is a judgment pending appeal is no longer
demurrer to the evidence. If it was granted available in election cases….
but reversed on appeal , the protestee is
deemed to have the right to present The Supreme Court has explicitly
evidence ( Enojas vs COMELEC, 283 SCRA recognized and given approval to execution
229) of judgment pending appeal in election
cases filed under existing laws. The
21. Decision rationale why execution pending appeal is
allowed in election cases is to give much
a. authentic election return cannot be recognition to the worth of a trial judge’s
annulled because the ballots were lost or decision as that which is initially ascribed
destroyed (Arroyo vs HRET 246 SCRA 384) by the law to the proclamation by the board
b. If the winner is ineligible, the candidate of canvassers.
who got the highest number of votes cannot
be proclaimed elected as he did not get the Governed by Sec 2, Rule 39 of the 1997
majority or plurality of the votes (Sunga vs Rules of Civil procedure. Execution pending
COMELEC, 288 SCRA 76) appeal should be based upon good reasons
c. Actual damages may be awarded in and a combination of two or more of them
accordance with the law (Sec 259, BP 881) will suffice to grant execution pending
The loser cannot be ordered to reimburse appeal:
the winner for the expenses incurred in the
election protest for no law provides for it ( i. Public interest involved or will of the
Atienza vs COMELEC 239 SCRA 298) electorate
ii. The shortness of the remaining portion of
d. The mere fact that the decision in favor the term of the contested office
of the protestant was reversed on appeal is iii. Length of time that the election contest
not sufficient basis for the ruling that the has been pending ( Ferno vs COMELEC 328
protestant should be awarded attorney’s SCRA 52)
fees because the protest was filed for iv. Filing of bond as a condition for the
harassment (Malaluan vs COMELEC 254 issuance of a corresponding writ of
SCRA 397) execution to answer for the payment of
damages which the aggrieved party may
e. Under Sec 264, par 1 of BP 881, as suffer by reason of the execution pending
amended , the award of damages is no appeal (Ramos vs COMELEC 286 SCRA
among the imposable penalties for the 189)
commission of any of the election offenses
thereunder by any individual (Regalado vs • Execution pending appeal cannot be
CA 325 SCRA 516) ordered on the basis of gratuitous
allegations that public interest is involved
22. Execution of Judgment Pending Appeal and that the appeal is dilatory. (Camlian vs
COMELEC 271 , 271 SCRA 757)
BP 881 and other election laws do not
specifically provide for the execution A motion for execution pending appeal filed
pending appeal for judgment in election after the expiration of the period of appeal
cases, unlike the Election Code of 1971….
can no longer be granted ( Relampagos vs petition for certiorariunder Rule 65 of the
Cumba 243 SCRA 690) Rules of Civil procedure – a motion for
reconsideration of an en banc ruling,
23. Motion for Reconsideration resolution, order, or decision except in
election offense cases is a prohibited
a. One motion for reconsideration is allowed pleading under the COMELEC Rules of
in the contest involving the following: Procedure. For a party to wait until the
COMELEC en banc denies his motion for
i. President- 10 days reconsideration would be to allow the
ii. Vice-President- 10 days ( Rule 65, Rules reglementary period for filing a petition for
of Presidential Electoral Tribunal) certiorari with the SC to run and expire.
iii. Senator- 10 days ( Rule 64, Rules of (Angela vs COMELEC , 322 SCRA 757)
Senate Electoral Tribunal)
iv. Congressmen- 10 days ( Rule 74, 1998 24. Review
Rules of HRET)
v. Regional, Provincial and City Officials – 5 a. Jurisdiction
days ( Sec 2, Rule 19 COMELEC Rules of
Procedure) i. Senator- Supreme Court within 60 days (
Sec 4, Rule 65 Rules of Court)
b. No motion for reconsideration is allowed ii. Congressmen- Supreme Court within 60
in election contests involving the following: days ( Lerias vs HRET; Sec 4, Rule 65 Rules
of Court)
i. Municipal officials (Sec 256, BP 881; iii. Regional, provincial, and City officials –
Veloria vs COMELEC, 211 SCRA 907) Supreme Court within 30 days ( Sec 7, Art
However this rule should not be applied to IX-A Phil Const)
the dismissal of an election protest for iv. Municipal Officials
failure of the counsel of the protestant to • COMELEC within 5 days ( Sec 22 RA
appear at the pre-trial, since the pre-trial is 7166; Sec 3 Rule 22 of COMELEC Rules of
not applicable to the election protest. Procedure, Lindo vs COMELEC, 194 SCRA
(Pangilinan vs De Ocampo, 232 SCRA ) 25)
ii. Barangay Officials ( Sec 19, Rule 37 and • Supreme Court - within 30 days ( Rivera
Sec 12, Rule 38 COMELEC Rules of vs COMELEC 199 SCRA 178)
Procedure) v. Barangay Officials
iii. Sangguniang Kabataan ( Sec 19, Rule 37 • COMELEC within 5 days (Sec 2(2) ,Art IX-
and Sec 12 Rule 38, COMELEC Rules of C, Phil Const; Sec 3, Rule 22 COMELEC
Procedure) Rules of Procedure; Calucag vs COMELEC
274 SCRA 405)
c. Since only decisions of the COMELEC en • Supreme Court within 30 days ( Flores vs
banc may be elevated to the Supreme Court COMELEC 184 SCRA 484)
, a party who did not file for a motion for b. Form
reconsideration of a decision of a division of
the COMELEC cannot elevate the case to Where the appellant filed an appeal brief
the Supreme Court (Reyes vs RTC of instead of a notice of appeal to the
Oriental Mindoro, 244 SCRA 41) COMELEC, the appeal should not be
dismissed, since the determination of the
d. A resolution of the COMELEC en banc is will of the people should not be thwarted of
not subject to reconsideration, therefore technicalities (Pahilan vs Tabalba, 230
any party who disagrees with it is to file a SCRA 205)
because by special provision of Sec 268 of
c. Failure to Pay Appellate Docket Fee BP 881 they fall within the jurisdiction of
the Regional Trial Court (COMELEC vs
i. An appeal may be dismissed for failure of Noynay 292 SCRA 354)
the appellant to pay the appellate docket fee
(Reyes vs RTC of Oriental Mindoro, 244 Under Sec 268 of BP 881, regional trial
SCRA 41) courts have exclusive jurisdiction to try and
ii. An appeal may be dismissed if the full decide any criminal action or proceeding for
appellate docket fee was not paid , as violation of the Code including those
payment of the full amount is indispensable penalized by imprisonment not exceeding 6
for perfection of the appeal (Rodillas vs years, but except those relating to the
COMELEC, 245 SCRA 702) offense of failure to vote ( Juan vs People
322 SCRA 125)
d. Scope of Authority
C. Offenses
Errors committed by the trial court may be
considered even if they were not assigned 1. Vote-buying
as errors (Arao vs COMELEC 210 SCRA
290) a. The fact that at least one voter in at least
20% of the precincts in a municipality , city
XIII. CRIMINAL OFFENSES or province was offered money by the
relatives, leaders or sympathizers of a
A,. Criminal and Electorate Aspects of An candidate to promote his election shall
Election Offense create a presumption of conspiracy to bribe
An election offense has criminal as well as b. The fact that at least 20% of the
electoral aspects ( Sunga vs COMELEC 288 precincts of the municipality, city or
SCRA 76) province to which the office aspired for by
the candidate is affected by the offer creates
1) Its criminal aspect involves the the presumption that the candidate and his
ascertainment of the guilt or innocence of campaign managers are involved in the
the accused candidate like in any other conspiracy.
criminal case, it usually entails a full-blown c. Any person who is guilty and willingly
hearing and the quantum of proof required testifies shall be exempt from prosecution (
to secure a conviction beyond reasonable Sec 28, RA 6646)
doubt. d. The traditional gift-giving by the
2) Its electoral aspect is a determination of municipality during Christmas which was
whether the offender should be qualified done to induce voters for the mayor does
from office. This is done through not constitute vote-buying ( Lozano vs
administrative proceeding which is Martinez, 285 SCRA 256)
summary in character and requires only a
clear preponderance of evidence. 2. Appointment of New Employees

B. Jurisdiction to try the case The prohibition against appointment of a
government employee within 45 days before
The expanded jurisdiction of the Municipal regular election refers to positions covered
Trail Court ( RA 7691) does not include by the civil service and does not apply to
criminal cases involving election offenses,
the replacement of a councilor who died ( 7. Refusing to credit candidate with vote
Ong vd Martinez, 188 SCRA 830)
Under section 27(b) of RA 6646, two act not
3. Unauthorized Entry into Polling Place one, are penalized i.e, first, the tampering,
increasing or decreasing of votes received
Mere presence of unauthorized person by a candidate in any election, and second,
inside a polling place is an offense ( the refusal, after proper verification and
COMELEC vs Romillo, 158 SCRA 716) hearing to credit the correct votes or deduct
such tampered votes.(Pimentel vs.
4. Transfers of Government Employees COMELEC,289 SCRA 586)

Since the Omnibus Election Code does not D. Prosecution
per se prohibit the transfer of government
employees during the election period but 1. Section 2(6),Art IX-C “File, upon a
only penalizes such transfers made without verified complaint, or on its own initiative,
the prior approval of the COMELEC in petitions in court for inclusion or exclusion
accordance with the implementing of voters; investigate and, where
regulations, the transfer of government appropriate, prosecute cases of violations of
employees before the publication of the election laws, including acts or omissions
implementing regulations is not an election constituting election frauds, offenses, and
offense. ( People vs Reyes, 247 SCRA 328) malpractices.”

Two elements of the offense prescribed The COMELEC has exclusive jurisdiction to
under Sec 261 (h) of BP 881, as amended conduct preliminary investigation of and
are: prosecute election offenses (Naldaza vs.
(1) a public officer or employee is Lavilles,254 SCRA 286)
transferred or detailed within the election
period as fixed by the COMELEC, and 2. This holds true even if the offense is
(2) the transfer or detail was effected committed by a public officer in relation to
without prior approval of the COMELEC in his office.(Corpuz vs. Tanodbayan, 149
accordance with its implementing rules and SCRA 2281)
regulations (Regalado vs CA 325 SCRA 516)
3. Whatever initiated motu propio or filed
5. Carrying Deadly Weapon in Precinct with the COMELEC by any other party, the
complaint shall be referred to the
To support a conviction carrying a deadly COMELEC Law Department for
weapon inside a precinct, it is necessary investigation.. The COMELEC Chairman, in
that the deadly weapon be seized from the his personal capacity may file directly with
accused while he was in precinct (Mappala the COMELEC Law Department pursuant
vs Munoz 240 SCRA 600) to Section 4, Rule 34 of the COMELEC
Rules of Procedure. No requirement in
6. Failure to make Proclamation section 5 that only the COMELEC en banc
may refer a complaint to the Law
Proclaiming a losing candidate instead of Department for investigation nor is there a
the winner also constitutes failure to make rule against the COMELEC Chairman
a proclamation (Agujetas vs CA 261 SCRA directing the conduct of a preliminary
17) investigation, even if he himself were the
complainant in his private capacity…
Where the complaint was directly filed with
the Law Department under Section 4 of
Rule 32 of the COMELEC RULES of
Procedure obviously there is no need to
refer such complaint to the same Law
Department… Under Section 5 of Rule 34 of
the COMELEC Rules of Procedure, the
preliminary investigation may be delegated
to any of those officials specified in the rule
upon the direction of the COMELEC
Chairman (Laurel vs. Presiding Judge, RTC
Manila Br 10, 323 SCRA 778)

4. A provincial election supervisor
authorized to conduct a preliminary
investigation may file a case without need
of approval of the provincial prosecutor.
(Pp. Vs. Inting,187 SCRA 788)

The COMELEC can deputize prosecutors to
investigate and prosecute offenses even
after election. (Pp. Vs. Basilla,179 SCRA 87)

Since it is a preliminary investigation, it is
the COMELEC who will determine the
existence of probable cause, the
complainant cannot ask it to gather
evidence in support of the complaint.
(Kilosbayan Inc vs. COMELEC,280 SCRA

The court in which a criminal case was filed
may order the COMELEC to order a
reinvestigation. (Pp. Vs. Delgado, 189 SCRA

A prosecutor who was deputized by the
COMELEC cannot oppose the appeal filed
by the COMELEC from the dismissal of a
case, since the power to prosecute election
offenses is vested in the