Pre-Election

Activities Solutions Other Possible Problems

Registration Inclusion Opposing Voter’s
- Grounds: Disapproval or Registration:
Name Stricken Out (registration is not yet
-Where: MTC, Appeal RTC, SC resolved)
- Who: Person, Comelec - Grounds: Not
qualified, fictitious
Exclusion - Where: Election
- Grounds: Not Qualified, Registration Board
Voter is not real (file written
-Where: MTC, Appeal RTC, SC opposition)
- Who: Any Voter, - Who can oppose:
EO or Party, Comelec Voter, Candidate,
Pol party
Annulment of the book of voters - Person opposed
- Grounds: Book prepared req. to appear
Improperly, fraudulently,
statistically improbable data Inter party Dispute
- Where: Comelec En Banc (within)
- Who files: Any Voter, - Comelec Division
EO or Party, or motu propio Intra Party Dispute
by comelec (between 2 parties)
- Comelec Division
Filing Certificate of Disqualification (Other Grounds)
Candidacy - Grounds: Substitution
o Lack qualifications/ - Grounds: Death,
possess some Withdrawal,
disqualifications Disqualification
o Violate Term Rule - Both substituted
(1-2-3 terms) and substitute
o Nuisance Candidate must qualify
(file within 5 days of - until mid day of
last day of CoC election day
filing. Only avail
before proc.)
o Sentenced by Final
Judgment
(accessory penalty)
o Willfully Commits
Material
Misrepresentation
(25 days from Filing
of CoC of candidate;
“petition for
cancellation of
certif. of candidacy)
o No valid, timely and
properly filed
certificate of
candidacy
o Violation of
Omnibus Election
Code (2 types)
- Where: Comelec Division

- If you weren’t able to file

before proclamation – quo
warranto

Disqualification on Commission of
 specific election offense
- Grounds: Vote-Buying,
Terrorism, Unlawful
Expenditures, Unlawful
Campaign, Coercion of
Subordinates, Threats,
Prohibition against Release
of Public Funds

- Where: Comelec Division

(other election offenses –
file EO case – RTC hears)
- If you weren’t able to file
before proclamation – quo
warranto

Campaign Disqualification

In between: Postponement (until election day before poll closes)

- Grounds: must be serious and impossible to conduct free and orderly
elections. Must exist before voting
(1) Force majeure,
(2) Violence,
(3) Terrorism,
(4) Loss or Destruction of Election Paraphernalia, and
(5) Analogous Causes

- Where: Comelec En Banc (petition or motu propio)

- Result: Special Elections

Election
Activities Solutions Other Possible Problems
1. Casting Disqualification Substitution
2. Counting - Until mid-day of
3. Canvassing Failure of Election election day
- Grounds: (must result to
failure to elect, affect result If counting needs to be
of election) transferred:
(1) Force majeure, - BOEI, unanimous
(2) Violence, - Concurrence of
(3) Terrorism, majority of
(4) Analogous Causes watchers
(5) Fraud
- Where: Comelec En Banc
(petition)
- Result: Special Election

Challenge (remedies of
inclusion/exclusion transformed
to this on election day)
Grounds:
Illegal Voter
 Not Registered, Used
another name, Disqualified
 Where: BOEI
 Will be allowed to vote if
properly identified

Illegal Act
 Vote selling, Vote Buying,
 Betting
 Where: BOEI
 Will be allowed to vote
after taking an oath

Pre Proclamation
Activities Solutions Other Possible Problems
1. Canvassing Disqualification
2. Election Returns
or Certificates of Failure of Election
Canvass
3. Transmission Pre Proclamation Case: (applies
4. Proclamation only to local positions)

Traditional Election
1. Board of Canvassers
Composition/ Proceedings
- Where: Board or Comelec
division (concurrent)

2. Election Returns/ Certif of

Canvass

- Grounds:

1. Delayed - wait for it,

2. Lost or Destroyed
(Evident on face of
ERs/CoCs) - Use other
copies
3. Material Defects (Name of
Candidate Omitted, or
Votes of Candidate
Omitted) – BEI/BOC to
correct or recount
4. Falsified or Spurious - Not
Signed by BEI, Prepared by
Non-BEI, No Security
Markings, Prepared by BEI
under Duress, or Contain
Erasures (affect integrity)
- use other copies or
recount
5. Manifest error in
canvassing like mistake in
adding, mistake in copying
figures (To correct: motu
propio/petition)
6. Prepared under duress

- Where: Board

Automated Election
- Grounds: Objections
pertaining to Proceedings
and Composition of BoC;
Pollwatchers-related; Data-
Storage Delayed,
Destroyed, Falsified (before
canvass)
- Where:
 After Proclamation
Activities Solutions Other Possible Problems
1. File SoCE Quo Warranto
- Grounds: Disqualification/
Ineligibility (but wasn’t
able to file before
proclamation), Disloyalty
to Republic
- Where: : Pres – PET;
Senators – Senate ET;
House of Rep – HRET;
Provincial, Regional
Officials - Comelec Div (MR
in En Banc, then SC); City
Officials – RTC (Appeal
Comelec Div, En Banc, SC);
Brgy Officials – MTC
(Appeal Comelec Div, En
Banc, SC)
- Filed by: Any voter who
voted
- Result: Ouster, Special
Election or succession

Election Protest
- Grounds: Fraud and
Irregularities in Casting,
Counting and Canvassing

- Where: Same as quo

warranto

- Question/ Evidence:
Ballots, ERs, CoCs and
Data-Storage Devices
- Filed by: Candidate who
received 2/3rd highest or
next 4 ranks in multi-slot
(except senator, congress,
resional/prov/city – any
candidate)
- Result: true winner
proclaimed
*Note: Election Protest can cover
any anomaly (violence, illegal
voter, illegal act, failure of
election but raised only after
proclamation)

Annulment of Proclamation
- Grounds: Irregular and
Illegal Canvass
- Where: Comelec Division
- Effect: Proclamation
Annulled

Election Offenses: (Post Proc)

- Grounds: Violation of
Election Code, Commission
of Prohibited Acts
 - Investigation: Law
Department or Prosecutors
- Venue: Regional Trial
Court
- Effect: Disqualification,
Fine/ Imprisonment

June 30

After June 30
Declare Special Election
because of permanent
vacancy of seat, at least
1 year before expiration
of term in House of Reps
 ELECTION OFFENSE anytime depending on offense
Where: Comelec Division first instance (administrative part)