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Election Law Notes
Election Law Notes
SUFFRAGE
The right to vote in the election of officers chosen by the people and in the determination
of questions submitted to the people.
Includes within its scope, election, plebiscite, initiative and referendum.
Theories on Suffrage
1. Natural Right Theory: Suffrage is a natural and inherent right of every citizen who
is not disqualified by reason of his own reprehensible conduct or unfitness.
2. Social Expediency: Suffrage is a public office or function conferred upon citizens
who are fit and capable of discharging it.
3. Tribal Theory: It is a necessary attribute of membership in the State.
4. Feudal Theory: It is an adjunct of a particular status, generally tenurial in character.
A vested privilege usually accompanying ownership of land.
5. Ethical Theory: It is a necessary and essential means for the development of society.
Election- the means by which the people choose their officials for a definite and fixed
period and to whom they entrust for the time being the exercise of the powers of
government.
KINDS:
a. Regular - one provided by law for the elections of officers either nationwide or in
certain subdivisions thereof, after the expiration of the full term of the former officers.
b. Special - one held to fill a vacancy in office before the expiration of the full term for
which the incumbent was elected.
PLEBISCITE – is an electoral process by which an initiative on the
constitution is approved or rejected by the people.
ELECTION PERIOD
Shall commence 90 days before the day of the election and shall end 30 days thereafter.
The campaign period does not include the day before and the day of the election.
The campaign period in special election is 45 days.
VOTERS
Registered: Must be a duly registered voter and whose name appears in the list of
voters
No literacy, property or other substantive requirements shall be imposed on the exercise
of suffrage.
Transfer of residence due to work or occupation, profession or employment in private or
public service, education, etc., shall not be deemed to have lost his original
residence (B.P. 881, Sec.117).
A: Yes. R.A. 8189 (The Voter’s Registration Act) specifically provides that an
application for registration shall contain specimen signatures of the applicant as well as
his/her thumbprints, among others. The evidence shows that X failed to sign very
important parts of the application, which refer to the oath which X should have taken to
validate and swear to the veracity of the contents appearing in the said application.
From the foregoing, the irregularities surrounding X’s application proclaims that he did
not comply with the minimum requirements of R.A. 8189. Thus, not having
demonstrated that he duly accomplished an application for registration, X is not a
registered voter. Hence, he must be disqualified to run for Mayor. (Gunsi, Sr. v.
COMELEC, G.R. No. 168792, Feb. 23, 2009).
ABSENTEE VOTING – is a process by which qualified citizens of the Philippines
abroad exercise their right to vote pursuant to the constitutional mandate that Congress
shall provide a system for absentee voting by qualified Filipinos abroad (Sec. 2, Art. V,
1987 Constitution).
1. President
2. Vice president
3. Senators
4. Party-list representatives
1. Those who have lost their Filipino citizenship in accordance with Philippine laws;
2. Those who have expressly renounced their Philippine citizenship and who have
pledged allegiance to a foreign country;
3. Those who have committed and are convicted in a final judgment by a court or tribunal
of an offense punishable by imprisonment of not less than one (1) year, including those
who have committed and found guilty of Disloyalty as defined under Art. 137 of the
Revised Penal Code (RPC); such disability not having been removed by plenary pardon
or amnesty.
Provided, however, that any person disqualified to vote under this subsection shall
automatically acquire the right to vote upon expiration of five (5) years after service of
sentence;
Provided, further, That the Commission may take cognizance of final judgments issued
by foreign courts or tribunals only on the basis of reciprocity and subject to the
formalities and processes prescribed by the Rules of Court on execution of judgments;
Unless he/she executes, upon registration, an affidavit prepared for the purpose by the
Commission declaring that he/she shall resume actual physical permanent residence in
the Philippines not later than three (3) years from approval of his/her registration under
this Act. Such affidavit shall also state that he/she has not applied for citizenship in
another country. Failure to return shall be the cause for the removal of the name of the
immigrant or permanent resident from the National Registry of Absentee Voters and
his/her permanent disqualification to vote in absentia.
Unless such competent authority subsequently certifies that such person is no longer
insane or incompetent.
a. Registration – does not confer the right to vote. It is but a condition precedent to the
exercise of the right to vote (Yra vs. Abaño, 52 Phil. 380 [1929]).
- It is the system of regulation of an individual’s right to suffrage as conferred by the
inherent police power of the Government.
Note: The SC upheld COMELEC’s denial of the request for two additional registration
days in order to enfranchise more than 4 million youth who failed to register on or
before Dec. 27, 2000. It is an accepted doctrine in administrative law that the
determination of administrative agencies as to the operation, implementation and
application of a law is accorded greatest weight, considering that these specialized
government bodies are, by their nature and functions, in the best position to know what
they can possibly do or not do under prevailing circumstances.(Akbayan Youth v.
COMELEC, G.R. No. 147066, March 26, 2001).
d. Illiterate or disabled voters – Any illiterate person may register with the
assistance of the Election Officer or any member of an accredited citizen’s arms. The
application for registration of a physicallydisabled person may be prepared by any
relative within the fourth civil degree of consanguinity or affinity or by the Election
Officer or any member of an accredited citizen’s arm using the data supplied by the
applicant. (R.A. 8189, Sec. 14).
e. Election Registration Board (ERB) – There shall be in each city and municipality
as many Election Registration Boards as there are election officers therein. The Board
shall be composed of the Election Officer as chairman, and as members, the public
school official most senior in rank and the local civil registrar, or in his absence, the city
or municipal treasurer. (R.A. 8189, Sec. 15).
f. Challenges to the right to register – any MEMBER, VOTER, CANDIDATE or
WATCHER may challenge in writing the right of an applicant to register. The board
must then rule within 3 days after the challenge was made.
g. Preparation and Posting of the Certified List of Voters – The Board shall
prepare and post a certified list of voters 90 days before a regular election and 60 days
before a special election and furnish copies thereof to the provincial, regional, and
national central files. Copies of the certified list, along with a list of deactivated voters
categorized by precinct per barangay shall also be posted in the office of the Election
Officer and in the bulletin board of each city/municipal hall.
DEACTIVATION OF REGISTRATION
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.
REACTIVATION OF REGISTRATION
(Sec. 28, R.A. 8189)
Who may file?
Any voter whose registration has been deactivated.
How?
Sworn application for reactivation of his registration in the form of an affidavit stating
that the ground for the deactivation no longer exists.
When?
At any time but not later than 120 days before a regular election and 90 days before a
special election.
How?
Filed with a court a petition to include his name in the permanent list of voters in his
precinct.
Supported by a certificate of disapproval of his application and proof of service of notice
of his petition upon the Board. The petition shall be decided within 15 days after its
filing.
When?
At any time except 105 days prior to a regular election or 75 days prior to a special
election.
Form
A sworn petition for the exclusion of a voter from the permanent list of voters giving the
name, address and the precinct of the challenged voter.
When?
a. At any time except 100 days prior to a regular election or 65 days prior to special
election
b. COMELEC can annul an election
Annulment of the list of voters shall not constitute a ground for a pre-proclamation
contest(Ututalum v. COMELEC, G.R. Nos. 84843-44, January 22, 1990.).
POLITICAL PARTIES
Party – means either a political party or a sectoral party or a coalition of parties.
2. Non-registered parties
REGISTRATION:
Any organized group of persons may register as a party, organization or coalition for
purposes of the party-list system by filing with the COMELEC not later than ninety (90)
days before the election, a petition verified by its president or secretary stating its desire
to participate in the party-list system as a national, regional or sectoral party or
organization or a coalition of such parties or organizations. (Sec. 5, R.A. 7941).
1. No votes cast in favor of political party, organization or coalition shall be valid except
for those registered under the party-list system. (Sec. 7, Art. IX-C, 1987 Constitution).
2. Purposes:
To acquire juridical personality;
To entitle it to rights and privileges granted to political parties; and
To participate in the party-list system.
3. Groups which cannot be registered as political parties (Sec. 3, R.A. 7941):
a. Religious denominations or sects;
b. Those who seek to achieve their goals through violence or unlawful means;
c. Those who refuse to uphold and adhere to the Constitution; and
d. Those supported by foreign governments.
4. Grounds for cancellation of registration (Sec. 6, R.A. 7941):
a. It is a religious sect or denomination, organization or association organized for
religious purposes;
b. It advocates violence or unlawful means to seek its goal;
c. It is a foreign party or organization;
d. It is receiving support from any foreign government, foreign political party, foundation,
organization, whether directly or through any of its officers or members or indirectly
through third parties for partisan election purposes;
e. It violates or fails to comply with laws, rules or regulations relating to elections;
f. It declares untruthful statements in its petition;
g. It has ceased to exist for at least one (1) year; or
h. It fails to participate in the last two (2) preceding elections or fails to obtain at least two
percentum (2%) of the votes cast under the party-list system in the two (2) preceding
elections for the constituency in which it has registered.
CERTIFICATE OF CANDIDACY
CANDIDATE: The term "candidate" refers to any person aspiring for or seeking an
elective public office, who has filed a certificate of candidacy by himself or through an
accredited political party, aggroupment, or coalition of parties [Sec. 79(a), B.P. 881].
“Section 4(a) of Resolution 8678, Section 66 of the Omnibus Election Code, and the
second proviso in the third paragraph of Section 13 of RA 9369 are not violative of the
equal protection clause of the Constitution and does not suffer from overbreadth.”
(Quinto v.. Commission on Elections, G.R. No. 189698, February 22, 2010)
“Formal defects in certificate of candidacy, such as lack of the required oath does not
annul the election of a candidate (De Guzman v. Board of Canvassers, 48 Phil 211,
[1926])”
Failures to indicate in his certificate of candidacy his precinct number and particular
barangay where he is a registered voter is not a sufficient ground to disqualify a
candidate. It is enough that he is a registered voter in the precinct where he intends to
vote which should be within the district where he is running for office” (Jurilla v.
COMELEC, G.R. No. 105435, June 2, 1994).
SUBSTITUTION OF CANDIDACY
The concept of substitution of candidacy states that if after the last day for the filing of
certificates of candidacy, an official candidate of a political party (1) dies, (2) withdraws,
or is (3) disqualified for any cause – a person belonging to, and certified by, the same
political party may file a certificate of candidacy (COC) not later than mid-day of
election day to replace the candidate who died, withdrew, or was disqualified.
As to DEATH, a deceased candidate is required to have duly filed valid COC, otherwise
his political party will not be allowed to file a substitute candidate in his stead.
The withdrawal of the withdrawal, for the purpose of reviving the certificate of candidacy,
must be made within the period provided by law for the filing of certificates of
candidacy.
There is nothing in Sec. 73, B.P. 881, which mandates that the affidavit of withdrawal
must be filed with the same office where the certificate of candidacy to be withdrawn
was filed. Thus, it can be filed directly with the:
1. main office of the COMELEC;
2. the office of the regional election director concerned;
3. the office of the municipal election supervisor of the province to which the
municipality belongs; or
4. the office of the municipal election officer of the municipality.(Loreto-Go v. COMELEC,
G.R. No. 147741, May 10, 2001)
As to DISQUALIFICATION, it does not include those cases where the COC of the person
to be substituted has been denied due course and canceled under Section 78 of the
Omnibus Election Code. While the law enumerated the occasion where a candidate may
validly be substituted, there is no mention of the case where a candidate is excluded not
only by disqualification but also by denial and cancellation of his COC.
DISQUALIFICATIONS
1. Under the Omnibus Election Code:
a. Declared as incompetent or insane by competent authority;
b. Convicted by final judgment for subversion, insurrection, rebellion or any offense for
which he has been sentenced to a penalty of 18 months imprisonment;
c. Convicted by final judgment for a crime involving moral turpitude;
Violation of B.P. 22
Violation of the Anti-Fencing Law
Direct bribery
d. Any person who is a permanent resident of or immigrant to a foreign country
2. Election offenses under Sec 68 of the Omnibus Election Code (OEC).
3. Not possessing qualifications and possessing disqualifications under the Local
Government Code:
a. 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;
Note: Those who have not served their sentence by reason of the grant of probation,
which should not be equated with service of sentence, should not be disqualified from
running for a local elective office because the two-year period of ineligibility does not
even begin to run.(Moreno v. COMELEC, G.R. No. 168550, Aug. 10, 2006).
c. Convicted by final judgment for violating the oath of allegiance to the Republic;
Note: A fugitive from justice includes not only those who flee after conviction to avoid
punishment, but likewise those who, after being charged, flee to avoid
prosecution. (Marquez v. COMELEC, G.R. No. 127318, April 25, 1999.)
f. Permanent residents in a foreign country or those who have acquired the right to reside
abroad and continue to avail of the same right;
Note: “Green Card” is ample evidence to show that the person is an immigrant to, or a
permanent resident of, the United States of America. (Caasi v. CA, G.R. No. 88831, Nov.
8, 1990).
g. Insane or feeble-minded.
4. Nuisance candidate;
5. Violation of Sec. 73 of OEC with regard to certificate of candidacy; and
6. Violation of Sec. 78 which is material misrepresentation of requirements under Sec.
74.
DIFFERENT TYPES OF ELECTION DISPUTES
a. Pre-election disputes
a. Petition for Disqualification
PRE-ELECTION DISPUTES
a. Petition for Disqualification – is the remedy against any candidate who does not
possess all the qualifications required by the Constitution or law, or who commits any
act declared by law to be grounds for disqualification.
When to file: The petition may be filed after the filing of COC but not later than the
date of proclamation.
Note that the COMELEC can suspend proclamation only when evidence of the winning
candidate’s guilt is strong (Codilla, Sr. v. De Venecia, et. al., G.R. No. 150605, Dec. 10,
2002).
The use of the word may indicates that the suspension of the proclamation is merely
permissive. If the COMELEC does not find any sufficient ground to suspend
proclamation, then a proclamation may be made. (Grego v. COMELEC, G.R. No.
125955, June 19, 1997)
It is incorrect to say that since a candidate has been disqualified, the votes intended for
the disqualified candidate should in effect, be null and void. This would amount to
disenfranchising the electorate in whom sovereignty reside. (Ortega v. COMELEC, G.R.
No. 105111, July 3, 1992).
The ineligibility of a candidate receiving majority votes does not entitle the eligible
candidate receiving the next highest number of votes to be declared elected (Labo, Jr. v.
COMELEC, G.R. Nos. 105111 and 105384, July 3, 1992).
Exceptions:
1. The one who obtained the highest number of votes is disqualified; AND
2. The electorate is fully aware in fact and in law of the candidate’s disqualification so as
to bring such awareness within the realm of notoriety but would nonetheless cast their
votes in favor of the ineligible candidate. (Grego v. COMELEC, G.R. No. 125955, June
19, 1997)
Jurisdiction: While the COMELEC is vested with the power to declare valid or invalid
a certificate of candidacy, its refusal to exercise that power following the proclamation
and assumption of the position by Farinas is recognition of the jurisdictional boundaries
separating the COMELEC and the Electoral Tribunal of the House of Representatives
(HRET). Under Article VI, Section 17 of the Constitution, the HRET has sole and
exclusive jurisdiction over all contests relative to the election, returns, and qualifications
of members of the House of Representatives. Thus, once a winning candidate has been
proclaimed, taken his oath, and assumed office as a member of the House of
Representatives, COMELEC’s jurisdiction over election contests relating to his election,
returns, and qualifications ends, and the HRET’s own jurisdiction begins. Thus, the
COMELEC’s decision to discontinue exercising jurisdiction over the case is justifiable, in
deference to the HRET’s own jurisdiction and functions (Guerrero v. COMELEC, G.R.
No. 137004,[July 26, 2000).
If the COMELEC finds that there is probable cause, it shall order its Law Department to
file the appropriate Information with the RTC which has territorial jurisdiction over the
offense, but shall, nonetheless, order the dismissal of the complaint for disqualification,
without prejudice to the outcome of the criminal case.
If the trial court finds the accused guilty beyond reasonable doubt of the offense
charged, it shall also order his disqualification pursuant to Sec. 264 of the Omnibus
Election Code, as amended by amended by Section 46 of Republic Act No.
8189 (Albana, Et. Al. v. COMELEC, Et. Al., G.R. No. 163302, July 23, 2004).
These two requirements must concur to warrant the cancellation of the certificate of
candidacy.
When to file:
The petition may be filed not later than 25 days from the filing of the certificate of
candidacy.
It shall be decided not later than 15 days before the election, after due notice and
hearing.
Jurisdiction: over the petition lies with the COMELEC in division, not with the
COMELEC en banc (Garvida v. Sales, G.R. No. 122872, Sept. 10, 1997).
The proclamation of the winning candidate renders moot and academic a motion for
reconsideration filed by a candidate who had been earlier declared by the COMELEC to
be a nuisance candidate (Garcia v. COMELEC, G.R. 121139, July 12, 1996)
PRE-PROCLAMATION CONTROVERSIES
Refers any question pertaining to or affecting the proceedings of the Board which may be
raised by any candidate or by any registered political party or coalition of parties before
the board or directly with the COMELEC.
Also refers to any matter raised under Secs. 233, 234, 235 and 236 relating to the
preparation, transmission, receipt, custody and appreciation of the election
returns (Sec. 241, B.P. 881).
Exceptions:
1. Determination of the authenticity and due execution of certificates of canvass as
provided in Sec. 30, R.A. 7166, as amended by R.A. 9369;
2. Correction of manifest errors in the certificate of canvass or election return; and
3. Matters relating to the composition or proceedings of the Board of Canvassers
Note: COMELEC is with authority to annul any canvass and proclamation illegally
made. The fact that a candidate illegally proclaimed has assumed office is not a bar to
the exercise of such power. It is also true that as a general rule, the proper remedy after
the proclamation of the winning candidate for the position contested would be to file a
regular election protest or quo warranto. This rule, however, admits of exceptions and
one of those is where the proclamation was null and void. In such a case, the proclaimed
candidate’s assumption of office cannot deprive the COMELEC of the power to declare
such proclamation a nullity. (Raymond P. Espidol v. COMELEC, et. al., G.R. No.
164922, Oct. 11, 2005).
The canvassed election returns are incomplete, contain material defects, appear to be
tampered with or falsified, or contain discrepancies in the same returns or in other
authentic copies thereof as mentioned in Sections 233, 234, 235 and 236 of this Code;
While the duty of the Board of Canvassers is ministerial and, as a general rule, it may not
inquire into the issues beyond the election return, the situation contemplated in Secs.
234, 235 and 236 allow the Board of Canvassers to order the opening of the ballot box
and recount the votes of the candidates affected.
The election returns were prepared under duress, threats, coercion, or intimidation,
or they are obviously manufactured or not authentic; and
General Rule: All pre-proclamation cases pending before the COMELEC shall be
deemed terminated at the beginning of the term of the officer involved and the rulings of
the boards of canvassers concerned deemed affirmed.
This is without prejudice to the filing of a regular election protest by the aggrieved party.
Exceptions:
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.
PROCEDURE:
1. Commencement of pre-proclamation controversy - questions affecting the
composition or proceedings of the board of canvassers may be initiated in the board or
directly with the Commission. However, matters 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, and the certificates of canvass
shall be brought in the first instance before the board of canvassers only. (Sec. 17, R.A.
7166).
2. Summary disposition of pre-proclamation controversies - All pre-
proclamation controversies on election returns or certificates of canvass shall, on the
basis of the records and evidence elevated to it by the board of canvassers, be disposed
of summarily by the Commission within seven (7) days from receipt thereof. Its
decisions shall be executory after the lapse of seven (7) days for receipts by the losing
party of the decision of the Commission. (Sec. 18, R.A. 7166).
3. Disposition of contested election return. (Sec. 20, R.A. 7166).
4. Partial proclamation - Notwithstanding the pendency of any pre-proclamation
controversy, the Commission may summarily order the proclamation of other winning
candidates whose election will not be affected by the outcome of the controversy. (Sec.
21, R.A. 7166).
We opined that the election result to said precincts as reported was utterly
improbable and clearly incredible. x x x These returns were obviously false or fabricated.
x x x that the returns show "prima facie" that they do not reflect true and valid reports of
regular voting (Lagumbay v. COMELEC, L-25444, January 31, 1966).
Where the objections to the inclusion of the election returns are directed primarily at
the ballots reflected in the returns, the issue involves appreciation of ballots and cannot
be raised in a pre-proclamation controversy. (Patoray v. COMELEC, G.R. No. 120823,
October 24, 1995).
The technical examination of the signatures and thumb marks of the voters runs
counter to the nature and scope of a pre-proclamation contest; the remedy is to raise
these issues in an election contest. (Balindong v. COMELEC G.R. Nos. 153991-92,
October 16, 2003).
Padding of the Registry List of Voters of a municipality is not a listed ground for a pre-
proclamation controversy (Ututalum v. COMELEC, G.R. No. 84843-44, January 22,
1990).
Because the petitioner had already been proclaimed, had taken his oath and had
assumed his duties as Member, House of Representatives, the issue of invalidity of his
proclamation and irregularities connected therewith, is a matter properly addressed to
the House of Representatives Electoral Tribunal(Lazatin v. COMELEC, G.R. No. 80007,
January 25, 1988).
The filing with the COMELEC of a petition to annul or to suspend proclamation shall
suspend the running of the period to file an election protest (Tan v. COMELEC, G.R.
Nos. 166143-47. November 20, 2006).
Any matter involving title or claim of title to an elective office, made before or after the
proclamation of the winner, whether or not contestant is claiming office in dispute.
Election contests involve public interest, and technicalities and procedural barriers must
yield if they constitute an obstacle to the determination of the true will of the electorate
in the choice of their elective officials. The Court frowns upon any interpretation of the
law that would hinder in any way not only the free and intelligent casting of the votes in
an election but also the correct ascertainment of the results(O’Hara v. COMELEC, G.R.
No. 139008. March 13, 2002).
2. Appellate Jurisdiction
a. From decisions of the RTC and MTC – appeal exclusively to COMELEC, decisions
shall be final and executory.
b. From decisions of COMELEC – petition for review by certiorari filed with the
Supreme Court within 30 days on the ground of grave abuse of discretion amounting to
lack of or in excess of jurisdiction or violation of due process.
c. From decisions of the Electoral Tribunal – petition for review by certiorari filed with
Supreme Court on the ground of grave abuse of discretion amounting to lack of or in
excess of jurisdiction or violation of due process.
In the exercise of its exclusive appellate jurisdiction, the COMELEC has the power to
issue writs of prohibition, mandamus, or certiorari, because of the last paragraph of Sec.
50, B.P. 881 (Relampagos v. Cumba, G.R. No. 118861, April 27, 1995).
Jurisdiction
Pre-Proclamation Controversy Elect
ion
Cont
est
Jurisdiction of COMELEC is administrative / quasi-judicial.
Juris
dictio
n of
COM
ELEC
is
judici
al.
Governed by requirements of
Gover
ned
by the
administrative due process. requir
emen
ts of
judici
al due
proce
ss.
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.
However, in some cases, the Supreme Court 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. Election Protest
A contest between the defeated and winning candidates based on grounds of
election frauds or irregularities.
Can only be filed by a candidate who has filed a certificate of candidacy and has
been voted for.
Requisites:
1. Filed by any candidate who has filed a certificate of candidacy and voted for the same
office.
2. On grounds of
a. fraud
b. terrorism
c. irregularities or
d. illegal acts committed before, during or after casting and counting of votes.
b. Quo Warranto
Refers to questions of disloyalty or ineligibility of the winning candidate; a
proceeding to unseat the ineligible person from office but not to install the protestant in
his place; may be filed by any voter.
Requisites:
1. Filed by a registered voter
2. On grounds of
a. ineligibility or
b. disloyalty to the Republic;
N.B.: The 2 remedies (Election Protest and Quo Warranto) may not be joined in one
petition.
Election
Quo Warranto
Protest
Strictly a contest Refers to questions
between the of disloyalty or
defeated and ineligibility of the
winning winning candidate.
candidates, It is a proceeding to
based on grounds unseat the
of election frauds ineligible person
or irregularities, from office, but not
as to who to install the
actually obtained protestant in his
the majority of place.
the legal votes
and therefore is
entitled to hold
the office.
Can only be filed Can be filed by any
by a candidate voter. It is for this
who has duly reason that it is not
filed a certificate considered a
of candidacy and contest where the
has been voted parties strive for
for. supremacy.
A protestee may While the
be ousted and the respondent may be
protestant seated unseated, the
in the office petitioner will not
vacated. be seated. (Luison
v. Garcia, G.R. No.
L-10981, April 25,
1958
General Rule: The filing of an election protest or quo warranto PRECLUDES the
subsequent filing of a pre-proclamation controversy or amounts to an abandonment of
one earlier filed, thus depriving the COMELEC of the authority to inquire into and pass
upon the title of the protestee or the validity of his proclamation.
Exceptions:
1. The Board of Canvassers was improperly constituted.
2. Quo warranto is not the proper remedy.
3. What was filed was not really a petition for quo warranto or an election protest but a
petition to annul a proclamation.
4. The filing of an election contest was expressly made without prejudice to the pre-
proclamation controversy, or was made ad cautelam.
5. The proclamation was null and void (Dumayas, Jr. v. COMELEC, G.R. No. 141952-53,
April 20, 2001).
The death of the protestant does not extinguish an election protest. Election protest is
imbued with public interest which raises it onto a plane over and above ordinary civil
actions, because it involves only the adjudication of the private interest of the rival
candidates but also the paramount need of dispelling once and for all the uncertainty
that beclouds the real choice of the electorate with respect to who shall discharge the
prerogatives of the office within their gift (De Castro v. COMELEC, G.R. No. 125249,
February 7, 1997).
The widow of the protestant has no status of real party in interest to substitute or
intervene for the latter who died during the pendency of the election protest. (Poe v.
Arroyo, P.E.T. Case No. 002, March 29, 2005).
Any person, including officers and employees in civil service, which shall be understood
to include officers and employees of GOCC’s, are not prevented from expressing his
views on current political problems or issues or, from mentioning names of candidates
for public office, which he supports.
Important Features of Fair Election Act (RA 9006): 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 shallnot be
considered ipso facto resigned from his office upon the filing of his certificate of
candidacy.
ELECTION EXPENSES
Limitations
1. For candidates:
a. President and Vice-President = P10/voter;
b. Other candidates, if with party = P3/voter;
c. Other candidates, if without party = P5/voter.
2. For political parties = P5/voter.
Qualifications
1. All must be public school teachers.
2. Must be of good moral character and irreproachable reputation.
3. Registered voters of the city or municipality.
4. Have never been convicted of election offense or crime punishable by more that 6
months imprisonment.
5. No pending information for an election offense.
6. Must be able to speak and write English or the local dialect.
Disqualification of BEI
1. Must not be related within the 4th civil degree of consanguinity or affinity to any
member of the BEI or to any candidate to be voted for in the polling place.
2. Must not engage in any partisan political activity.
Proceedings of BEI
1. Meetings of the BEI shall be public and held only in the authorized polling place.
2. BEI has authority to maintain order within the polling place and its premises, to keep
access thereto open and unobstructed and to enforce obedience to its lawful orders.
WATCHERS
Qualifications
1. Voter of city or municipality.
2. Good reputation.
3. Not have been convicted of any election offense of any kind.
4. Know how to read and write.
5. Not related within 4th civil degree of consanguinity or affinity to any member of BEI.
“In appreciating a ballot, the object should be to ascertain and carry into effect the
intention of the voter if it can be determined with reasonable certainty. Thus, the name
of the candidate preceded by the words “Bo. Barangay” should be interpreted to mean
“Po. (or Punong) Barangay”, and should be counted for the candidate. (Bautista v.
Castro, 206 SCRA 305 [1992])”.
The ineligibility of a candidate receiving majority votes does not entitle the eligible
candidate receiving the next highest number of votes to be declared elected. The votes
intended for the disqualified candidate should not be considered null and void, as it
would amount to disenfranchising the electorate in whom sovereignty resides. (Albana,
et al., v. COMELEC, G.R. No. 163302, July 23, 2004)
There must be a final judgment before the election in order that the votes of a
disqualified candidate can be considered “stray”, the obvious rationale behind the
foregoing ruling is… the people voted for him bona fide, without any intention to
misapply their franchise, and in the honest belief that the candidate was then qualified
to be the person to whom they would entrust the exercise of the powers of
government (Pablo Ocampo v. HRET, G.R. No. 158466. June 15, 2004).
PROCLAMATION
Canvassing completed ONLY after the completion of the canvass, separate statements of
all the votes received AND the proclamation of winners. After the proclamation, the
existence of the Board is terminated.
Incomplete canvass of votes is illegal and cannot be made the basis of proclamation.
A canvas cannot be reflective of the true vote unless all returns are considered and none
are omitted.
Where a proclamation is null and void, the proclaimed candidate’s assumption of office
cannot deprive the COMELEC of the power to declare such a proclamation a
nullity (Utto v. COMELEC G.R. No. 150111, January 31, 2002).
No law provides for a reglementary period within which to file a petition for annulment
of election if there is, as yet, no proclamation. (Loong v. COMELEC, 257 SCRA 1
[1996]).
COMELEC Jurisdiction
EXCLUSIVE Jurisdiction on ALL pre-proclamation controversies
RECOUNT OF VOTES
Upon proper petition, the COMELEC may order the recount of votes in the specific
precincts when the following requisites are present:
1. Grounds for recount:
a. Omission of the name of a candidate and/or his votes in the election returns which
cannot be ascertained by any other means under Sec 234 of the OEC.
b. All copies of the election returns are tampered with or falsified under Sec 235 of the
OEC
c. Material discrepancies in all of the election returns in the votes of a candidate in words
and figures, under Sec 236.
2. The election returns involved will affect the result of the election
3. The integrity of the ballot has been preserved.
A proceeding for recount is summary in character and merely consists in mathematical
counting of the votes received by each candidate. It does not involve any appreciation of
the ballots or the determination of their validity as required in an election contest.
ELECTION OFFENSES
2. Wagering of results.
Note: Any money or thing of value put up as a bet or wager shall be forfeited in favor of
the Government.
4. Appointment of new employees (except in case of urgent need, with notice given to the
COMELEC within three days from the appointment), creation of new positions,
promotion or giving salary increases 45 days before a regular election and 30 days
before a special election EXCEPTwhen so authorized.
5. Carrying of deadly weapons within a radius of 100 meters from the precincts.
Note: It is not necessary that the deadly weapon be seized from the accused while he
was in the precinct or within a radius of 100 meters therefrom; it is enough that the
accused carried a deadly weapon within the prohibited radius during any of the days
and hours specified in the law. (Mappala v. Judge Nunez, A.M. No. RTJ-94-1208, Jan.
26, 1995).
6. Transfer or detail of government officials/employees without COMELEC approval.
Note: To prove violation, two elements must concur:
a. The fact of transfer or detail within the election period as fixed by COMELEC; and
b. The transfer or detail was made without prior approval of the COMELEC in accordance
with its implementing rules and regulations. (People v. Reyes, G.R. No. 115022, Aug. 14,
1995).
Note: The transfer or detail of government officer or employee will not be penalized if
done to promote efficiency in the government service. (People v. Reyes, supra).
7. Printing of official ballots and election returns by any printing establishment which is
not under contract with the COMELEC.
8. Any member of the BEI or BOC who tampers, increases, or decreases the votes
received by a candidate in any election or any member of the board who refuses, after
proper verification and hearing, to credit the correct votes or deduct such tampered
votes.
11. Any chairman of the board of canvassers who fails to give notice of meetings to other
members of the board, candidate or political party as required under Sec. 23 hereof.
A. Covered Acts
1. Give, offer or promise money or anything of value.
2. Making or offer to make any expenditure, directly or indirectly, or cause
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 any one or the public in general to vote for or against any candidate or
withhold his vote in the election.
2. To vote for or against any aspirant for the nomination or choice of a candidate in a
convention or similar selection.
COERCION OF A SUBORDINATE
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.
B. Prohibited Acts:
1. Appointing or hiring a new employee (provisional, temporary or casual);
2. Creating or filling any new position;
3. Promoting/giving an increase in salary, remuneration or privilege to any government
official or employee.
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.
B. Prohibited Acts
The release, disbursement or expenditure of public funds for any and other kinds of
public works.
D. Exceptions
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, specifications 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.
Exceptions:
1. With prior approval of COMELEC.
2. Suspension is for the purpose of applying the Anti-Graft and Corrupt Practices Act.
The RTC has exclusive original jurisdiction to try and decide any criminal actions or
proceedings for violation of election laws. The metropolitan or municipal trial courts, by
way of exception, exercises jurisdiction only over offenses as a matter of exception to the
general provisions on jurisdiction over criminal cases found under B.P. 129 as
amended (Naldoza v. Lavilles, 254 SCRA 286 [1996]).
A draft resolution does not operate as a final resolution of a case until the proper
resolution is duly signed and promulgated (Calingin v. Court of Appeals, Et. Al., G.R.
No. 154616, July 12, 2004).
FAILURE OF ELECTION:
Instances:
1. The election in any polling place has not been held on the date fixed on
account of force majeure, violence, terrorism, fraud, or other analogous causes;
2. The election in any polling place had been suspended before the hour fixed
by law for the closing of the voting on account of force majeure, violence,
terrorism, fraud, or other analogous causes;
3. After the voting and during the preparation and the transmission of the
election returns or in the custody or canvass thereof, such election results in
failure to elect on account of force majeure, violence, terrorism, fraud, or other
analogous causes.
There are only three (3) instances where a failure of election may be declared, namely:
(a) the election in any polling place has not been held on the date fixed on account
of force majeure, violence, terrorism, fraud, or other analogous causes; (b) the election
in any polling place had been suspended before the hour fixed by law for the closing of
the voting on account of force majeure, violence, terrorism, fraud or other analogous
causes; (c) after the voting and during the preparation and transmission of the election
returns or in the custody or canvass thereof, such election results in a failure to elect an
account of force majeure, violence, terrorism, fraud, or other analogous
causes. In all instances there must have been failure to elect; this is obvious in the first
scenario where the election was not held and the second where the election was
suspended. As to the third scenario, the preparation and transmission of the election
returns which give rise to the consequence of failure to elect must as aforesaid be
literally interpreted to mean that nobody emerged as a winner.(Typoco, Jr. vs.
COMELECen banc;
G.R. No. 136191 November 29, 1999)
The proclamation of the winning candidate does not divest the COMELEC of such
jurisdiction, where the proclamation is null and void or is claimed to be so. (Ampatuan
v. COMELEC, G.R. No. 149803, Jan. 31, 2002).
What are the conditions before COMELEC can act on the petition?
1. No voting took place in the precinct/s on the date fixed by law, or even if
there was voting, the election resulted in failure to elect; AND
2. The votes not cast would have affected the result of the election.(Tan v.
COMELEC, G.R. No. 148575-76, Dec. 10, 2003).
The cause of such failure may arise before or after the casting of votes or on the day of
the election.(Batabor v. Commission on Elections, et al., G.R. No. 160428, July 21,
2004)
Only final orders of the COMELEC in Division may be raised before the COMELEC en
banc. Sec. 3, Art. IX-C of the 1987 Constitution mandates that only motions for
reconsideration of final decisions shall be decided by the COMELEC en banc. Under this
constitutional provision, the COMELEC en banc shall decide motion for reconsideration
only of “decisions” of a Division, meaning those acts having a final character. Clearly,
the assailed status quo ante Order, being interlocutory, should first be resolved by the
COMELEC First Division via a motion for reconsideration (Repol v. COMELEC, et al.,
G.R. No. 161418, April 28, 2004).
The provision of the Constitution is clear that it should be the majority vote of all the
members of the COMELEC en banc and not only those who participated and took part
in the deliberations. Under the rules of statutory construction, it is to be assumed that
the words in which constitutional provisions are couched express the objective sought to
be attained. (Estrella v. Commission on Elections, et al., G.R. No. 160465, May 27,
2004)
POSTPONEMENT OF ELECTION
An election may be postponed motu propio or upon verified petition by any
interested party when there is violence, terrorism, loss or destruction of election
paraphernalia or records, force majeure or other analogous causes of such a nature that
the holding of a free. orderly and honest election becomes impossible in any political
subdivision (Sec. 5. B.P. 881)
(we) clarified that, "Under the pertinent codal provision of the Omnibus Election Code,
there are only three (3) instances where a failure of elections may be declared, namely:
(a) the election in any polling place has not been held on the date fixed on account of
force majeure, violence, terrorism, fraud, or other analogous causes; (b) the election in
any polling place had been suspended before the hour fixed by law for the closing of the
voting on account of force majeure, violence, terrorism, fraud, or other analogous
causes; or (c) after the voting and during the preparation and transmission of the
election returns or in the custody or canvass thereof, such election results in a failure to
elect on account of force majeure, violence, terrorism, fraud, or other analogous
causes." (Sison v. COMELEC, G.R. No. 134096, March 3, 1999)