Article 20 PRE-PROCLAMATION

CONTROVERSIES NATIONAL BOARD OF CANVASSERS

CONGRESS COMELEC en banc
Determine the Determine the
PRE-PROCLAMATION CONTROVERSY –
authenticity and due authenticity and due
refers to
execution of the COC execution of the COC
1. any question pertaining to or affecting the
for President and Vice for Senators
proceeding of the board of canvassers
President
which may be raised by any candidate or
by any registered political party or coalition
of political parties before the board or PROVINCIAL, CITY AND MUNICIPAL OFFICES –
directly with the Comelec, or General Rule: All pre-proclamation cases pending
2. any matter in relation to the preparation, before the Comelec shall be deemed terminated at
transmission, receipt, custody and the beginning of the term of the office involved and
appreciation of the election returns. the rulings of the boards of canvassers shall be
deemed affirmed without prejudice to the filing of a
Nature – regular election protest by the aggrieved party.
 Summary
Exceptions: Proceedings may continue when on the
 Must be before proclamation
basis of the evidence, the Comelec determined that
the petition appears meritorious or when an order
Jurisdiction –
has been issued by the SC in a petition for certiorari.
COMELEC shall have exclusive jurisdiction of all pre-
proclamation controversies. It may motu proprio or
GUIDELINES to assail Comelec resolutions issued –
upon written petition, and after due notice and
hearing, order the partial or total suspension of
proclamation. If a pre-proclamation REMEDY: Certiorari
case is excluded from petition assailing the
PRESIDENTIAL AND CONGRESSIONAL OFFICE – the list of those that Omnibus Resolution
General Rule: Pre-proclamation cases on matters shall continue after the under Rule 64 and 65,
relating to the preparation, transmission, receipt, beginning of the term regardless of whether
custody and appreciation of the election returns or of the office involved the Comelec is yet to
COC are not allowed for purposes of elections for issue a definitive ruling
President, Vice President and Congressmen. in the main case.

Exceptions: If a pre-proclamation REMEDY: Certiorari

1. Correction of manifest errors case is dismissed by a petition assailing the
2. Questions affecting the composition or Comelec division, and Omnibus Resolution
proceedings of the board of canvassers on the same date of under Rule 64 and 65.
3. Those involving the authenticity and due dismissal or within the No need to file MR.
execution of COC for President, Vice period to file a MR, the
President and Senators, on showing that: Comelec en banc
1. Each COC was executed, signed excluded the said case
and thumbmarked by the Board from the list annexed
of Canvassers to the Omnibus
2. Each COC contains the names of Resolution
all of the candidates and their If a pre-proclamation REMEDY: Motion for
corresponding votes case is dismissed by a Reconsideration with
3. There exists no discrepancy in Comelec division, but the Comelec en banc.
other authentic copies of the on the same date of
VOV dismissal or within the
4. There exists no discrepancy in the period to file a MR, the
votes of any candidate in words Comelec en banc
and figures in the COC against included the case in
the aggregate number of votes in the list annexed to the
the election returns Omnibus Resolution
HOW INITIATED – EFFECT OF FIING PRE-PROCLAMATION CASE –
1. Own initiative of the Comelec (motu (Petition to Annul or to Suspend the Proclamation)
proprio) SUSPEND the running of the period within which to
2. Written petition file an election protest or quo warranto proceedings.

WHERE FILED – Reason –

1. In the Board of Canvassers
2. Directly with the Comelec
NOTE: Matters in relation to the preparation,
transmission, receipt, custody and appreciation
of the election returns and the COC shall be
brough in the first instance before the BOC only.
To afford the protestant the opportunity to avail
himself a remedy to its fullest extent – to have his
pre-proclamation case resolved, without the
pressure of having to abandon it in order to avail
himself of other remedies.

General Rule: A pre-proclamation case before the

Comelec is no longer viable after a proclamation has
been made.
Exceptions:
1. The board of canvassers was improperly
constituted
2. Quo warranto was 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. When the filing was expressly made
without prejudice to the pre-proclamation
controversy or was made ad caurelam
5. When the proclamation is null and void.

EFFECT OF FILING ELECTION PROTEST OR QUO

WARRANTO –
The filing of an election protest or a petition for quo
warranto
1. precludes the subsequent filing of a pre-
proclamation controversy, or
2. amounts to the abandonment of one
earlier filed.

POST-PROCLAMATION REMEDY –
Special action for declaration of failure of elections.

APPEAL –
Parties adversely affected by a ruling of the BOC may
appeal the matter to the Comelec within 3 days from
the ruling thereon. The Comelec shall summarily
decide the case within 5 days from the filing thereof.

SUMMARY DISPOSTION OF PRE-PROCLAMATION

CONTROVERSIES –
All pre-proclamation controversies on election
returns or certificate of canvass shall be disposed of
summarily by the Comelec within 7 days from receipt
thereof. Its decisions shall be executory after the
lapse of 7 days from receipt by the losing party of the
decision of the Comelec.
Article 21 ELECTION CONTESTS the plurality of the It raises in issue the
legal votes. disloyalty or
Jurisdiction – ineligibility of the
Sole judge of all contests relating to the elections, winning candidate.
returns, and qualifications
ELECTION CONTESTS FOR MUNICIPAL OFFICES –
COMELEC PET SET HRET
Filed with the proper Regional Trial Court by any
Elective President Senators Members of candidate who has duly filed a COC and been voted
regional, and Vice the HOR for the same office, within 10 days after
provincial, President proclamation.
and city The decision is appealable to the Comelec.
officials.
ELECTION CONTESTS FOR BARANGAY OFFICES –
Filed before the proper Municipal Trial Court by any
Note: candidate who has duly filed a COC and been voted
 The filing of a protest before the BEI is not for the same office, within 10 days after
a condition sine qua non before the proclamation.
Comelec acquires jurisdiction The decision is appealable to the Comelec.

General Rule: After the proclamation, taking of oath,
and assumption of office the remedy of an aggrieved
party in an election is to be found in an election
protest before the respective election tribunals.
Exception: When the proclamation is not valid.
DECISION IN THE COMELEC –
Comelec shall decide all election cases within 90 days
from the date of their submission for decision. The
decision shall become final 30 days after receipt of
the judgment.

JUDICIAL REVIEW OF COMPOSITION OF ELECTORAL IF OPINION IS EQUALLY DIVIDED –

TRIBUNAL – 1. The case shall be reheard
The primary recourse rests with the House of 2. If on rehearing, no decision is reached, the
Representatives and not with the Court. action shall be
a. dismissed if originally
JUDICIAL REVIEW OF ELECTORAL TRIBUNAL’S commenced
DECISION – b. judgment affirmed in appealed
Supreme Court, only in the exercise of its cases
extraordinary jurisdiction upon a determination of c. petition or motion is denied in all
GADALEJ. incidental matters

ROLE OF COMELEC IN CONGRESSIONAL CONTESTS – WHEN DECISIONS BECOME FINAL –

Manifest errors in the Certificates of Canvass or Ordinary action Special civil action
election returns may be corrected by the canvassing After 30 days from its After 5 days from its
body motu proprio or upon written complaint of promulgation promulgation
interested person, or by Comelec upon proper
appeal from the ruling of the board of canvassers.

Election Protest vs. Quo Warranto –

ELECTION PROTEST QUO WARRANTO

A contest between the A proceeding to unseat

defeated and winning the respondent from
candidates on the office but not
ground of frauds or necessarily to install
irregularities in the the petitioner in his
casting and counting of place.
the ballots or in the
preparation of the
returns.

It raises the question of

who actually obtained