Pre-Proclamation Controversies

Definition

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

Issues that may be raised in a pre-proclamation controversy

1. Illegal composition or proceedings of the board of canvassers

2. 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
authentic copies thereof.
3. The election returns were prepared under duress, threats, coercion, or
intimidation, or they are obviously manufactured, or not authentic.
4. When substitute or fraudulent returns in controverted polling places were
canvassed, the results of which materially affected the standing of the aggrieved
candidate/s.

Procedure
A. Contested composition or proceedings of the board (under RA 7166)

It may be initiated in the board or directly with COMELEC.

B. Contested election returns (under RA 7166)

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.

Summary nature of pre-proclamation controversy

1. Pre-proclamation controversies shall be heard summarily by the COMELEC.

2. Its decision shall be executory after the lapse of 5 days from receipt by the losing
party of the decision, unless restrained by the SC.

Effect of filing petition to annul or suspend proclamation

It suspends the running of the period within which to file an election protest or quo warranto
proceedings.

When not allowed

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.

C. HOWEVER: Proceedings MAY CONTINUE if:

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