Professional Documents
Culture Documents
Election Reviewer
Election Reviewer
Embodiment of the popular will, the expression of the sovereign power of the people.
Components:
Choice or selection of candidates to public office by popular vote
Conduct of the polls
Listing of votes
Holding of Electoral campaign
Act of casting and receiving the ballots from the voters
Counting the ballots
Making the election returns
Proclaiming the winning candidates
Regular election – refers to an election participated in by those who possess the right of suffrage and not
disqualified by law and who are registered voters.
Special election – is when there is failure of election on the scheduled date of regular election in a particular
place or which is conducted to fill up certain vacancies, as provided by law.
Political Parties
Definition (Omnibus Election Code)
An organized group of persons pursuing the same ideology, political ideas or platforms of government including its
branches and divisions.
2.1 Sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one
year or more of imprisonment within two years after serving sentence
2.3 Convicted by final judgment for violating the oath of allegiance to the Republic
2.6 Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue
to avail of the same right
1. Nuisance candidate
2. Violation of sec 73 of OEC with regard to certificate of candidacy
3. Violation of sec 78 which is material misrepresentation of reqts under sec. 74.
* Disqualifications (from continuing as a candidate or from holding the office if already elected):
Any candidate, who in an action or protest in which he is a party is declared by final decision of a competent
court guilty of, or is found by the Commission of having:
1. Given money or other material consideration to influence, induce or corrupt the voters or public officials
performing electoral functions.
2. Committed acts of terrorism to enhance his candidacy
3. Spent in his election campaign an amount in excess of that allowed by the Omnibus Election Code )
4. Solicited, received or made any contribution prohibited under this Code
5. Violated any of the following sections: Section 80, 83, 85,86,261
6. Permanent resident of or an immigrant to a foreign country shall not be qualified to run for any elective office
UNLESS he/she has waived his/her status as a permanent resident/immigrant of a foreign country in accordance
with the residence requirement provided for under election laws.
Effect of a Disqualification case (under RA 6646)
1. Any candidate who has been declared by final judgment to be disqualified shall NOT be voted for. The votes cast
in his favor shall not be counted.
2. If the candidate is not disqualified by final judgment before the election and receives the highest number of
votes in the election, the court or COMELEC will continue with the trial and hearing of the action, inquiry or
protest. Upon motion of the complainant or intervenor, the court or COMELEC may order the suspension of the
proclamation of the candidate whenever the evidence of his guilt is strong.
Nuisance Candidates
A. The term refers to candidates who have no bona fide intention to run for the office for which the certificate
of candidacy has been filed and would thus prevent a faithful determination of the true will of the people.
B. Power of COMELEC
1. May refuse to give due course to or cancel a certificate of candidacy of a nuisance candidate. This can be done
motu proprio or upon verified petition of an interested party.
1. Certificate of candidacy has been filed to put the election process in mockery/disrepute or
2. To cause confusion among the voters by the similarity of the names of the registered candidates
3. Other circumstances which clearly demonstrate that the candidate has no bona fide intention to run for the
office…
Petition to deny due course to or to cancel a Certificate of Candidacy
B. The petition should be filed not later than 25 days from the filing of the certificate of candidacy.
C. It should be decided not later than 15 days before the election, after due notice and hearing.
1) It refers to an act designed to promote the election or defeat of a particular candidate/s to a public office
2) It includes:
A. Forming organizations, associations, clubs, committees or other groups of persons for the purpose of soliciting
votes and/or undertaking any campaign for or against a candidate.
B. Holding political caucuses, conferences, meetings, rallies, parades or other similar assemblies for the purpose
of soliciting votes and/or undertaking any campaign or propaganda for or against a candidate.
C. Making speeches, announcements or commentaries or holding interviews for or against the election of any
candidate for public office.
D. Publishing or distributing campaign literature or materials designed to support or oppose the election of any
candidate.
If the acts are performed for the purpose of enhancing the chances of aspirants for nomination for candidacy to a
public office by a political party, aggroupment, or coalition of parties.
1) Repeal of Sec. 67 of the OEC – Now, any ELECTIVE official, whether national or local, running for any office
other than the one which he is holding in a permanent capacity shall not be considered ipso facto resigned from
his office upon the filing of his certificate of candidacy.
2) Lifting of the Political Ad Ban – Written and Printed Materials (8.5” W x 14L”)
Letters
Posters (2’ x 3’) in common-private poster areas ( not more than 10 public places per political party or
independent candidate, 12’ 16’), private places and public places
Television: 120 minutes for candidate for nationally elective office and 60 for local
Radio: 180 minutes for candidate for nationally elective office and 90 for local
COMELEC free space (3 national newspaper for nationally elective officials and 1 national newspaper for local)
and airtime
(3 national television networks for nationally elective officials and 1 station for local ) : equal allocation for all
candidates for 3 calendar days
B. Educational activities
A: No more, because 8189 (7) provides for such only for the May ’98 elections
Disqualifications
A. If sentenced by final judgment to suffer imprisonment for not less than 1 year and such disability was not
removed by plenary pardon or has not been granted amnesty. However, any person disqualified to vote shall
automatically reacquire the right to vote upon expiration of 5 years after service of sentence.
B. Any person who has been adjudged by final judgment by competent court or tribunal of having committed any
crime involving disloyalty to the duly constituted government such as rebellion or any crime against national
security:
1. UNLESS restored to his full civil and political rights in accordance with law.
2. However, he shall regain his right to vote automatically upon expiration of 5 years after service of sentence.
A. The municipal and metropolitan trial courts shall have original and exclusive jurisdiction over all matters of
inclusion and exclusion of voters from the list in their respective municipalities or cities. Petition filed at any
time except 105 days before regular election or 75 days before special election
B. Decisions may be appealed to the RTC within 5 days from receipt of notice of decision.
C. RTC will decide the appeal within 10 days. Decision is final and executory.
D. Note: Relate this to Article IX of the Constitution which provides that the COMELEC has no jurisdiction over
questions involving the right to vote.
E. Exclusion is through sworn petition and not later than 100 days before regular election; 65 days before special
election
Deactivation means removing the registration records of persons from the precinct book of voters and place the
same, properly marked and dated in indelible ink, in the inactive file after entering the cause of deactivation.
How is reactivation of registration effected ?
Affidavit
Not later than 120 days before regular election and 90 days before special election
Annulment of Book of Voters is through verified petition; notice and hearing; not prepared in accordance with
law or prepared through fraud, bribery, forgery, impersonation, intimidation, force, any similar irregularity or
which contains data that are statistically improbable
Postponement of Election
Causes
Violence
Terrorism
Loss or destruction of election paraphernalia/records
Force majeure
Other analogous causes
Effect
It is impossible to hold a free, orderly and honest election in any political subdivision
COMELEC can postpone the election (when decided by a majority vote of the COMELEC sitting en banc, RA
7166):
A. Motu proprio
B. Upon a verified petition by any interested party, after due notice and hearing
The date of the postponed election should be reasonably close to the date of the election not held, suspended, or
which resulted in a failure to elect. It should not be later than 30 days after the cessation of the cause for such
postponement or suspension of the election or failure to elect.
Failure of Election
Causes
Force majeure
Violence
Terrorism
Fraud
Other analogous causes
Under RA 7166, the causes for the declaration of the failure of election may occur before or after the casting of
votes or on the day of the election.
A. Election in any polling place was not held on the date fixed;
B. Election was suspended before the hour fixed by law for the closing of the voting
C. Elections results in a failure to elect (after the voting and during the preparation and transmission of the
election returns or in the custody or canvass thereof)
AND the failure or suspension of the election would affect the result of the election
Remedy
COMELEC can call for the holding or continuation of the election not held, suspended, or which resulted in a
failure to elect. The election should be held not later than 30 days after the cessation of the cause of the
postponement or suspension of the election or failure to elect. This is decided by the COMELEC, by a majority
vote of its members, sitting en banc.
Nomination of party-list reps should not include any candidate for any elective office or a person who has lost his
bid for an elective office in the immediately preceding election
Incumbent sectoral representatives in the House of Representatives who are nominated in the party-list system
shall not be considered resigned
Party List Reps constitute 20% of the total number of the members of the House of Reps including those under the
party-list
How do we determine the number of party list seats in the House of Reps?
There are presently 208 legislative districts, according to the Veterans Federation Case
The 5 major political parties are now entitled to participate in the party list system
Parties receiving at least 2% of the total votes cast for the party-list system shall be entitled to one seat each
No party shall be entitled to more than 3 seats
Currently, there are 260 seats. So 20 % of 260 is 52 seats. But this is only a ceiling.
A list with 5 names should be submitted to COMELEC as to who will represent the party in the Congress. Ranking
in the list submitted determines who shall represent party or organization.
Rules for Appreciation of Ballots
1. A pre-proclamation controversy refers to any question pertaining to or affecting the proceedings of the board of
canvassers which may be raised by any candidate or by any registered political party or coalition of political
parties before the board or directly with the COMELEC.
1. It would also refer to any matter raised under Sections 233, 234, 235, and 236 of the Omnibus Election Code in
relation to the preparation, transmission, receipt, custody, and appreciation of the election returns. (Board of
canvassers have original jurisdiction while COMELEC have appellate jurisdiction)
1. When election returns are delayed, lost or destroyed (Sec.233)
2. Material defects in the election returns (Sec. 234)
3. When election returns appear to be tampered with or falsified. (Sec. 235)
4. Discrepancies in election returns (Sec. 236)
C. Those that can be filed with COMELEC directly are the ff:
Issue involves the illegal composition or proceedings of the board of canvassers, as when a majority or all of the
members do not hold legal appointments or are in fact usurpers
Issue involves the correction of manifest errors in the tabulation or tallying
of the results during the canvassing
Recount
There can be a recount under the grounds of 234-236. The returns involved will affect the results and the
integrity of the ballot box has been preserved
Matters relating to the preparation, transmission, receipt, custody and appreciation of the election returns, and
certificate of canvass, should be brought in the first instance before the board of canvassers only.
It suspends the running of the period within which to file an election protest or quo warranto proceedings.
Pre-proclamation cases on matters relating to the preparation, transmission, receipt, custody and appreciation of
the election returns or the certificates of canvass NOT allowed in elections for: (under RA 7166)
President
Vice-President
Senator
Member of the House of Representatives
BUT: The appropriate canvassing body motu propio or upon written complaint of an interested person can
correct manifest errors in the certificate of canvass or election returns before it.
BUT: Questions affecting the composition or proceedings of the board of canvassers may be initiated in the
board or directly with COMELEC.
When pre-proclamation cases are deemed TERMINATED (RA 7166)
1. All pre-proclamation cases pending before the COMELEC shall be deemed terminated at the beginning of the
term of the office involved and the rulings of the boards of canvassers concerned deemed affirmed.
B. This is without prejudice to the filing of a regular election protest by the aggrieved party.
1. The COMELEC determines that the petition is meritorious and issues an order for the proceedings to continue or
2. The Supreme Court issues an order for the proceedings to continue in a petition for certiorari.
Election Contest
Original Jurisdiction
COMELEC has ORIGINAL jurisdiction over contests relating to the elections, returns, qualifications of all elective:
Regional
Provincial
City officials
Appellate Jurisdiction
Any candidate who has duly filed a certificate of candidacy and has been voted for the same office
The defeated candidate seeks to outs the proclaimed winner and claims the seat.
Provision that decisions, final orders, rulings of the Commission on election contests involving municipal and
barangay offices are final, executory and not appealable:
A. This only applies to questions of FACT. ( Flores v. COMELEC, 184 SCRA 484)
B. It does NOT preclude a special civil action of certiorari. (Galido v. COMELEC, Jan. 18,1991)
2) Jurisdiction
A. Pre-proclamation controversy
1.The jurisdiction of COMELEC is administrative/quasi-judicial
B. Election contest
3) In some cases, even if the case (involving municipal officials) began with the COMELEC before proclamation
but a proclamation is made before the controversy is resolved, it ceases to be a pre-proclamation controversy
and becomes an election contest cognizable by the RTC.
4) However, in some cases, the SC has recognized the jurisdiction of COMELEC over municipal cases even
after proclamation. Relate to the provision in RA 7166 allowing pre-proclamation controversy proceedings to
continue even after a proclamation has been made.
A. Covered acts
2. Making or offer to make any expenditure, directly or indirectly, or cause an expenditure to be made to any
person, association, corporation, entity or community
3.Soliciting or receiving, directly or indirectly, any expenditure or promise of any office or employment, public or
private
B. Purpose of acts
1. To induce anyone or the public in general to vote for or against any candidate or withhold his vote in the
election or
2. To vote for or against any aspirant for the nomination or choice of a candidate in a convention or similar
selection
1. Presentation of a complaint supported by affidavits of complaining witnesses attesting to the offer or promise
by or the voters acceptance of money or other consideration from the relatives, leaders or sympathizers of a
candidate is sufficient basis for an investigation by the COMELEC,directly or through its duly authorized legal
officers.
Proof affects at least 20% of the precincts of the municipality, city or province to which the public office aspired
for by the favored candidate relates. This will constitute a disputable presumption of the involvement of such
candidate and of his principal campaign managers in each of the municipalities concerned in the conspiracy
Coercion of a subordinate
1. public officer
4. employer/landowner
B. Prohibited acts
1. Coercing, intimidating or compelling or influencing, in any manner, any subordinates, members, parishioners or
employees or house helpers, tenants, overseers, farm helpers, tillers or lease holders to aid, campaign or vote
for or against a candidate or aspirant for the nomination or selection of candidates.
2. Dismissing or threatening to dismiss, punishing or threatening to punish by reducing salary, wage or
compensation or by demotion, transfer, suspension etc.
Appointment of new employees, creation of new position, promotion or giving salary increases:
A. Who can be held liable: Any head/official/appointing officer of a government office, agency or
instrumentality, whether national or local, including GOCCs.
B. Prohibited acts
D. Exceptions
1. Upon prior authority of COMELEC if it is satisfied that the position to be filled is essential to the proper
functioning of the office/agency concerned AND that the position is not filled in a manner that may influence
the election
2. In case of urgent need, a new employee may be appointed. Notice of appointment should be given to COMELEC
within 3 days from appointment.
Prohibition against release, disbursement or expenditure of public funds
A. Who can be held liable: Any public official or employee including barangay officials and those of
GOCCs/subsidiaries
B. Prohibited acts:
The release, disbursement or expenditure of public funds for any and other kinds of public works
D. Exception
1. maintenance of existing/completed public works project.
2. work undertaken by contract through public bidding, or by negotiated contract awarded before the 45 day
period before election
3. payment for the usual cooperation for working drawings, specfications and other procedures preparatory to
actual construction including the purchase of material and equipment and incidental expenses for wages.
4. Emergency work necessitated by the occurrence of a public calamity but such work shall be limited to the
restoration of the damaged facility.
5. Ongoing public work projects commenced before the campaign period or similar projects under foreign
agreements.
Suspension of elective, provincial, city, municipal or barangay officer
A. General rule: public official CANNOT suspend any of the officers enumerated above during the election
period.
B. Exceptions
1. With prior approval of COMELEC
2. Suspension is for the purpose of applying the Anti-Graft and Corrupt Practices Act
In relation to registration of voters/voting
Unjustifiable refusal to register and vote
Voting more than once in the same election/voting when not a registered voter
Voting in substitution for another with or without the latters’ knowledge and/or consent etc.
1. Election offenses shall prescribe after 5 years from the date of their commission
2. If the discovery of the offense is made in an election contest proceeding, the period of prescription shall
commence on the date on which the judgment in such proceedings becomes final and executory
Jurisdiction of courts
1. RTC has exclusive original jurisdiction to try and decide any criminal action or proceedings for violation of the
Code.
2. MTC/MCTC have jurisdiction over offenses relating to failure to register or vote.