Professional Documents
Culture Documents
Admelect Summary
Admelect Summary
Political Law
-That branch of public law which deals with the organizations and operations of the
governmental organs of the State and defines the relations of the State with the
inhabitants of its territory
Prescribes the general plan or framework Gives and carries out the general plan
of governmental organization or framework of governmental
organization in its minutest details
Treats of the rights of the individual Treats the rights of the individual from
the standpoint of the powers of the
government
Facts: Davao pilot association filed a petition against the Eastern shipping lines
for sum of money and attorney’s fee claiming that herein respondent rendered
pilotage service to petitioner, the lower court ruled in favor of the respondent;
herein petition for certiorari assailing the decision of the CA.
-It is the authority delegated by the law-making body to the administrative body to
adopt rules and regulations intended to carry out the provisions of a law and
implement legislative policy.
Distinctions between Quasi-legislative power and legislative power
1. LEGISLATIVE power involves the discretion to determine what the law shall
be. QUASI-legislative power only involves the discretion to determine how the
law shall be enforced.
2. LEGISLATIVE power CANNOT be delegated. QUASI-legislative power CAN be
delegated.
Determinative Powers
1. ENABLING powers
Those that PERMIT the doing of an act which the law undertakes to regulate and
would be unlawful without government approval.
Ex. Issuance of licenses to engage in a particular business.
2.DIRECTING powers
Those that involve the corrective powers of public utility commissions, powers of
assessment under the revenue laws, reparations under public utility laws, and
awards under workmen’s compensation laws, and powers of abstract determination
such as definition-valuation, classification and fact finding
3. DISPENSING powers
Exemplified by the authority to exempt from or relax a general prohibition, or
authority to relieve from an affirmative duty. Its difference from licensing power is
that dispensing power sanctions a deviation from a standard.
4. SUMMARY powers
Those that apply compulsion or force against person or property to effectuate a
legal purpose without a judicial warrant to authorize such action. Usually without
notice and hearing.
Ex. Abatement of nuisance, summary destraint, levy of property of delinquent tax
payers
5. EQUITABLE powers
Those that pertain to the power to determine the law upon a particular state of
facts. It refers to the right to, and must, consider and make proper application of
the rules of equity.
Cases:
1. Holy Spirit Homeowners Association vs. Secretary Defensor, G.R. No.
163980, 3 August 2006
Quasi- legislative power is the power to make rules and regulations which
results in delegated legislation that is within the confines of the granting
statute and the doctrine of non delegability and separation of powers.
1. The right to a hearing which includes the right to present one’s case and submit
evidence
2. The tribunal must consider the evidence presented
3. The decision must have something to support itself
4. The evidence must be substantial
5. The decision must be based on the evidence presented at the hearing
6. The tribunal or body of any judges must act on its own independent
consideration of the law and facts of the controversy
7. The board or body should in all controversial questions, render its decision in
such manner that the parties to the proceeding can know the various issues
involves and reason for the decision rendered
Exceptions
o when the question raised is purely legal, involves constitutional questions
o when the administrative body is in estopped
o when act complained of is patently illegal
o when there is urgent need for judicial intervention
o when claim involved is small
o when irreparable damage is involved
o when there is no other plain, speedy , adequate remedy
o when strong public interest is involved
o when the subject of controversy is private land
o -in quo warranto proceedings
o -When the administrative remedy is permissive, concurrent
o -utter disregard of due process
o -long-continued and unreasonable delay
o -amount involved is relatively small
o -when no administrative review is provided
o -respondent is a department secretary (DOCTRINE OF QUALIFIED POLITICAL
AGENCY – ALTER EGO DOCTRINE)
Doctrine of Finality
Courts are reluctant to interfere with action of an administrative agency prior to its
completion or finality, the reason being that absent a final order or decision, power
has not been fully and finally exercised, and there can usually be no irreparable
harm.
EXCEPTIONS:
o Interlocutory order affecting the merits of a controversy;
o Preserve status quo pending further action by the administrative agency;
o Essential to the protection of the rights asserted from the injury threatened;
o Officer assumes to act in violation of the Constitution and other laws;
o Order not reviewable in any other way;
o Order made in excess of power
EXHAUSTION OF ADMINSTRATIVE REMEDIES
There is deemed to be a waiver. The court cannot motu propio dismiss a case
for failure to exhaust administrative remedies.
EXCEPTION
No resort to the courts will be allowed unless the administrative action has
been completed and there is nothing left to be done in the administrative
structure.
- Judicial power includes the duty of the courts of justice to settle actual
controversies involving rights which are legally demandable and enforceable,
and to determine whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government.
RULE 43 of the 1997 Rules of Civil Procedure Provides that the Court of
Appeals shall have the appellate jurisdiction over judgments or final orders of
Court of Tax Appeals and from awards, and judgments or final orders or
resolutions of or authorized by any quasi- judicial agency in the exercise of its
quasi- judicial functions.
1. Questions of Law
2. Questions of fact
Exception:
a. When expressly allowed by statute
b. Fraud, imposition or mistake other than error of judgment in evaluating
the evidence
c. Error in appreciation of the pleadings and in the interpretation of the
documentary evidence presented by the parties
3. Mixed questions of law and fact
ART XI SEC 1
Public office is a public trust. Public officers and employees must, at all times,
be accountable to the people, serve them with utmost responsibility, integrity,
loyalty, and efficiency; act with patriotism and justice, and lead modest lives.
ART II SEC 26- 27
Section 26. The State shall guarantee equal access to opportunities for public
service and prohibit political dynasties as may be defined by law.
Section 27. The State shall maintain honesty and integrity in the public
service and take positive and effective measures against graft and corruption.
ART XI SEC 18
Public officers and employees owe the State and this Constitution allegiance
at all times and any public officer or employee who seeks to change his
citizenship or acquire the status of an immigrant of another country during his
tenure shall be dealt with by law.
Who are public officers. — For the purpose of applying the provisions of this
and the preceding titles of this book, any person who, by direct provision of
the law, popular election or appointment by competent authority, shall take
part in the performance of public functions in the Government of the
Philippine Islands, of shall perform in said Government or in any of its
branches public duties as an employee, agent or subordinate official, of any
rank or class, shall be deemed to be a public officer.
“Public Officer” means any person holding any public office in the Government
of the Republic of the Philippines by virtue of an appointment, election or
contract.
WHAT IS AN OFFICE?
1. Constitution
2. Valid statutory enactment
3. Authority of law
CHARACTERISTIC OF A PUBLIC OFFICE
1. A public trust
2. Not a vested right
3. Not a property
Exception:
A controversy between two person wherein the question of who is entitled to
the office is the issue
4. Cannot be inherited
It is personal to the person who holds office therefore it is not transmissible.
MAY A PERSON BE COMPELLED TO HOLD OFFICE?
EXCEPTION:
2. POSSE COMITATUS
-use of the military in civilian law enforcement
1. Appointment
2. Election
3. Contract, in some case
Appointment- the selection, by authority vested with the power, of an individual
who is to perform the functions of a given office
CLASSICICATION
Temporary- an acting position, it is extended to one who may not possess the
requisite qualifications or eligibility required by law for the position, and is revocable
at will, without the necessity of just or a valid investigation.
Adi interim- one made while Congress is not in session, before confirmation by the
Commission on Appointments, is immediately effective, and ceases to be valid if
disapproved by the Commission on Appointments upon the next adjournment of
Congress
A permanent appointment
Four categories of appointment made by the President of the Philippines:
1. ART 6 SEC 18
There shall be a Commission on Appointments consisting of the President of
the Senate, as ex officio Chairman, twelve Senators, and twelve Members of
the House of Representatives, elected by each House on the basis of
proportional representation from the political parties and parties or
organizations registered under the party-list system represented therein. The
chairman of the Commission shall not vote, except in case of a tie. The
Commission shall act on all appointments submitted to it within thirty session
days of the Congress from their submission. The Commission shall rule by a
majority vote of all the Members.
2. ART 6 SEC 19
The Electoral Tribunals and the Commission on Appointments shall be
constituted within thirty days after the Senate and the House of
Representatives shall have been organized with the election of the President
and the Speaker. The Commission on Appointments shall meet only while the
Congress is in session, at the call of its Chairman or a majority of all its
Members, to discharge such powers and functions as are herein conferred
upon it.
3. ART 7 SEC 16
The President shall nominate and, with the consent of the Commission on
Appointments, appoint the heads of the executive departments, ambassadors,
other public ministers and consuls, or officers of the armed forces from the
rank of colonel or naval captain, and other officers whose appointments are
vested in him in this Constitution. He shall also appoint all other officers of
the Government whose appointments are not otherwise provided for by law,
and those whom he may be authorized by law to appoint. The Congress may,
by law, vest the appointment of other officers lower in rank in the President
alone, in the courts, or in the heads of departments, agencies, commissions,
or boards.
The President shall have the power to make appointments during the recess
of the Congress, whether voluntary or compulsory, but such appointments
shall be effective only until disapproved by the Commission on Appointments
or until the next adjournment of the Congress.
NEPOTISM
Term is the period of time during which public officer has the right to hold office;
tenure is the period of time during which the public officer actually held office.
PROMOTION
Movement from one position to another with increase in duties and responsibilities
as authorized by law and usually accompanied by an increase in pay.
The person next in rank shall be given preference in promotion. But the
appointing authority still exercises discretion and is not bound by the rule.
TRANSFER
Movement from one position to another which is of equivalent rank, level or salary
without break in service
QUO WARRANTO
MANDAMUS
Will lie if petitioner has a clear right to the office and respondent is unlawfully
preventing him from assuming office.
1. De Jure- an officer who had the lawful right to the office in all respects, but
who has either
2. De Facto
DE JURE DE FACTO
OFFICER OFFICER
2. has lawful or title to the office 2. has possession and performs the
duties under color of right without
being technically qualified in all
points of law to act
- one who has reputation of being an officer that he assumes to be, and yet is
not an officer in point of law.
- a person is a de facto officer where the duties of the office are exercised
under any of the following circumstances:
Note: Here, what is unconstitutional is not the act creating the office, but the act
by which the officer is appointed to an office legally existing. (Norton v. County of
Shelby)
Requisites:
by reputation or acquiescence;
under a known or valid appointment or election but officer failed to
conform with legal requirements;
under a known appointment or election but void because of ineligibility
of officer or want of authority of appointing or electing authority or
irregularity in appointment or election not known to public; and
under a known appointment or election pursuant to unconstitutional law
before declaration of unconstitutionality.
4. General acceptance of the public
Entitlement to Salaries
General Rule: rightful incumbent may recover from de facto officer salary received
by latter during time of wrongful tenure even though latter is in good faith and
under color of title.(Monroy v. CA, 20 SCRA 620)
Challenge to a De Facto Officer: must be in a direct proceeding where the title will
be the principal issue.
RIGHT TO COMPENSATION
1. Salary
2. Wages
3. Per diem
Compulsory Retirement
Retirement benefits
(1) the lump sum payment defined in RA No. 8291 payable at the time of
retirement plus an
old-age pension benefit equal to the basis monthly pension payable monthly for life,
starting upon expiration of the give-year (5) guaranteed period covered by the
lump sum; or
(2) cash payment equivalent to eighteen (18) months of his basic monthly
pension plus monthly pension for life payable immediately with no five-year (5)
guarantee.
Beronilla v GSIS
Rabor v. CSC
SC ruled that the Cena doctrine is not applicable. CSC Memo Circular No. 27, s.
of 1990 cited in the decision in Cena v. CSC, provides that “any request for the
extension of service of compulsory retirees to complete the 15-year service
requirement for retirement shall be allowed only to permanent appointees in the
career service who are regular GSIS members, and shall be granted for a period not
exceeding one (1) year.” Cena further stated that the authority to grant the
extension was a discretionary one vested in the head of the agency concerned. To
reiterate, the head of the government agency concerned is vested with
discretionary authority to allow or disallow extension of service of an employee who
has reached 65 years old without completing 15 years of government service; this
discretion to be exercised conformably with CSC Memo Circular No. 27, s. of 1990.
PROFETA V DRILON- retirement laws are liberally construed in favour of the retiree
DISCRETIONARY MINISTERIAL
Definition Acts which require the Acts which are
exercise of reason in performed in a given
determining when, state of facts, in a
where, and how to prescribed manner, in
exercise the power obedience to the
mandate of legal
authority, without
regard to or the
exercise of his own
judgment upon the
propriety or
impropriety of the act
done (Lamb v.
Phipps)
Can be delegated? Generally, NO. Generally, YES.
Exception: When Exception: When
the power to the law expressly
substitute / delegate requires the act to be
has been given performed by the
officer in person and /
or prohibits such
delegation
When is mandamus Only if the duty to do In all cases.
proper? something has been
delayed for an
unreasonable period
of time.
Is public officer Generally not liable Liable if duty
liable? Exceptions: if there exercised contrary to
is fraud or malice the manner
prescribed by law
Q: What is discretion?
- The wrongful acts or omissions of a public officer may give rise to civil,
criminal, and administrative liability
Modes of Termination
ELECTION LAWS
2 TYPES OF ELECTION
1. Election of Public Officers
2. Election of Policies
Other kinds:
1. Regular election – one provided by law for election of officers either
nationwide or in certain subdivisions thereof, after expiration of full term of
former members; and
2. Special election – one held to fill vacancy in office before expiration of full
term for which incumbent was elected.
Plebiscite– a vote of the people expressing their choice for against a proposed law
or enactment submitted to them. An election at which any proposed amendment to
or revision of the Constitution is submitted to the people for their ratification. A
constitutional requirement to secure the approval of the people directly affected,
before certain proposed changes affecting local governments units may be
implemented.
Initiative– it is the process by which the registered voters directly propose, amend
laws, national or local, though an election called for the propose. Amendments to
the Constitution may likewise be directly proposed by the people though initiative.
Recall- it is a method by which a public officer may be removed from office during
his tenure or before the expiration of his term by a vote of the people after
registration of a petition signed by a required percentage of the qualified voters.
The Chairman and Members are appointed by the president with the consent of the
commission on Appointment for the term seven (7) years without reappointment on
a staggered basis to make the COMELEC a continuing and self-perpetuating body.
Consequently, its members would have the benefit of the experience and expertise
of the order members of the performance of its functions, and makes for greater
responsibility for its policies and decisions and serve as guarantee against arbitrary
action which is likely to occur in a body handling partisans questions.
DISABILITIES, INHIBITIONS\DISQUALIFICATIONS
DISQUALIFICATIONS
1. Any person sentenced by the final judgment to suffer imprisonment for not
less than one year.
2. Any person adjudged by the final judgment of having committed
(a) any crime involving disloyalty to the government or
(b) any crime against national security
(c) firearms laws.
3. Insane or incompetent persons as declared by competent authority.
• Plenary pardon
• Amnesty
• Lapse of 5yaers after service of sentence (Sec.111, RA 8189)
The Supreme Court upheld the validity of the COMELEC resolution denying the
petition of certain youth sectors to conduct a special registration: “Petitioners
were not denied the opportunity to avail of the continuing registration under RA
8189..the law aids the vigilant and not those who slumber on their rights…
1. Jurisdiction
2. Petitioners
a. Inclusion
Private person whose application was disapprove by the Election Registration Board
or whose name was stricken out from the list of waters (Sec. 34, RA 8189)
COMELEC [Sec. 2(6), Art. IX-C, PC]
b. Exclusion
a. Inclusion – Any day except 105 days before regular election or 75 days before a
special election. (Sec. 24, RA 8189)
b. Exclusion – Any time except 100 days before a regular election or 65 days before
special election. (Sec. 35 RA 8189)
4. Procedure
Any voter, candidate or political party affected may intervene. (Sec. 32c, RA 8189)
1. Upon verified complaint of any voter, election officer or registered political party
or motu propio, the COMELEC may annul a list of votes which was not prepared in
accordance with RA 8189 or whose preparation was affected with fraud, bribery,
forgery, impersonation, intimidation, force or other similar irregularity or
statistically improbable.
2. No list of voters shall be annulled within 60 days before an election (See. 33, RA
8189)
The annulment of the list of voters shall not constitute a ground for a pre-
proclamation controversy. (Ututalum vs. COMELEC, 181 SCRA 335)
ELECTION PRECINCT is the basic unit of territory established by the COMELEC for
the purpose of voting.
A POLLING PLACE refers to the building or place where the board of election
inspectors conduct proceedings and where the voters cast their votes.
VOTING CENTER refers to the building or place where the polling place is located.
List of voters refers to an enumeration of names of registered voters in a precinct
duly certified by the Election Registration Board for use in the election.
In every case before delivering an official ballot to the voter, the Chairman of the
BEI shall, in the presence of the voter, affix his signature at the back thereof.
Failure to so authenticate shall be noted in the minutes of the BEI and shall
constitute an election offense punishable under Sections 263 and 264 of the OEC.
POSTPONEMENT OF ELECTIONS –
• The COMELEC shall call for the holding of the election on a date reasonably
close to the date of the election not held, suspended, or which resulted in a
failure to elect but not later than 30 days after the cessation of the cause for
such postponement or suspension of the election or failure to elect. (Sec. 5, B.P.
881)
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; and
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. (Joseph Peter Sison v. COMELEC, G.R. No. 134096, March 3, 1999)
MEMBERS OF THE BOARD OF CANVASSER
1. COMELEC officer
2. Prosecutor
3. Highest Ranking DEPED personnel
4.
MEMBERS OF THE MUNICIPAL BOARD OF CANVASSER
1. COMELEC officer
2. Municipal treasurer
3. Highest Ranking DEPED personnel
CERTIFICATES OF CANDIDACY
No person shall be eligible for any elective public unless he files a sworn certificate
of candidacy within the period fixed by the Omnibus Election Code.
Deadline
Certificate of candidacy must be filed not later than the day before the date for the
beginning of the campaign period. (Sec. 7, RA 7166)
A certificate filed beyond the deadline is not valid. (Gador vs. COMELEC, 95 SCRA
431)
A person who files a certificate of candidacy for more than one office should be
eligible for any of them. (Sec 73, BP 881)
Before the deadline for filing certificates he may withdraw all expect one, declaring
under oath the office for which he desires to be eligible and cancel the certificate of
candidacy for other office or offices. (Go vs. COMELEC, GR No. 147741, May 10,
2001)
Forms
Oath
Name
A candidate shall use his baptismal name or full name, the name registered with
the civil registrar or any other name allowed by law.
He may include one nickname or stage name by which he is generally known.
When two or more candidates for the same office have the same name or surname,
each shall state his paternal and maternal surnames, except the incumbent (See.
71, BP 881)
For President, Vice President and Senators: main office of the COMELEC in Manila, 5
copies, not later than 90 days before date of election.
The certificate of candidacy shall be filed by the candidate personally or his duly
authorized representative. No certificate of candidacy shall be filed or accepted by
mail, telegram or facsimile.
The evident purpose of the law in requiring the filing of certificate of candidacy and
in fixing the time limit therefore are; (1) to enable the voters to know, at least sixty
days before the regular election, the candidates among whom they are to make the
choice, and (2) to avoid confusion and inconvenience in the tabulation of the votes
to the duly registered candidates, there might be as many persons voted for as
there are voters, and votes might be cast even for unknown or fictitious persons, as
mark to identify the votes in favor of a candidate for another office in the same
election. (Miranda vs. Abaya, 311 SCRA 617)
Duty of COMELEC
Subject to its authority over nuisance candidates and its power to deny due course
or cancel a certificate of candidacy, the rule is that the COMELEC shall have only the
ministerial duty to receive and acknowledge receipt of the certificates of candidacy.
(Sec. 78, BP 881)
Effect Filing
Any elective official, whether national or local who has filed a certificate of
candidacy for the same or any other office shall not be considered resigned from
office. (sec. 26, COMELEC Resolution No. 3636, Rules and Regulations
Implementing RA 9006)
Form – written declaration under oath. There was no withdrawal of candidacy for
the position of mayor where the candidate, before the deadline for filing certificates
of candidacy, personally appeared in the COMELEC office, asked for his certificate of
candidacy and intercalated the word “vice” before the word mayor and the following
day wrote the election registrar saying that his name be included in the list of
official candidates for mayor. (Vivero vs. COMELEC, L – 81059, Jan 12, 1989)
Since his certificate of candidacy for the office of board member was filed by his
party, and the said party had withdrawn the nomination which withdrawal was
confirmed by the candidate under oath, there was substantial compliance with Sec.
73. His filing under oath within the statutory period of his individual certificate for
candidacy for the separate office of mayor was, in effect, a rejection of the party
nomination on his behalf for the office of board member. (Ramirez vs. COMELEC, L-
81150, Jan 12, 1992)
If after the last day for filing certificates, a candidate dies, withdraws or is
disqualified, he may be substituted by a person belonging to his party not later than
the mid – day of election. Said certificate may be filled with any board of election
inspectors in the political subdivision where he is an electorate of the country, with
the COMELEC. (Domingo vs. City Board of Canvassers, GR No. 105365, June 2,
1992)
Even if the withdrawal was not under oath, the certificate of the substitute cannot
be annulled after the election. Such technicality of the original candidate’s
withdrawal of his certificate of candidacy cannot be used to override the people’s
will in favor to the substitute candidate. The legal requirement that the withdrawal
be under oath will be held to be merely directory and the candidate’s failure to
observe the requirement is considered a harmless error. Hence the bona fide
certificate of the substitute candidate cannot be assailed. The votes in his favor
should be counted. (Villanueva vs. COMELEC, 140 SCRA 352)
In case of valid substitutions after the official ballot have been printed, the votes
cast for the substituted candidates shall be considered as many votes but shall not
invalidate the whole ballot. For this purpose, the official ballots shall provide spaces
where the voters may write the name of substitute candidates if they are voting for
the latter. (See. 12, RA 9006)
While Sec. 78 of the Election Code enumerated the occasion where a candidate may
validly substitute there is no mention of the case where a candidate is excluded not
only by disqualification but also by denial and cancellation of his certificate of
candidacy (Miranda vs. Abaya, 311 SCRA 617)
In case of valid substitutions after the official ballots have been printed, the votes
cast for the substituted candidates shall be considered as stray votes but shall not
invalidate the whole ballot. Sec. 12, RA 9006. amending Sec. 12 of RA 8436)
Rules on Substitution:
DISQUALIFICATION OF CANDIDATES:
- When a candidate has not yet been disqualified by final judgment during the
election day and was voted for, the votes cast in his favor cannot be declared stray.
To do so would amount to disenfranchising the electorate in whom sovereignty
resides. (Codilla vs. Hon. Jose De Venecia, G.R. No. 150605, December 10, 2002)
Nuisance Candidate
– COMELEC may motu propio or upon petition of interested party, refuse to give
due course to or cancel certificate of candidacy if shown that said certificate was
filed:
CAMPAIGN
a. If done for the purpose of enhancing the chances of aspirants for nomination
for candidacy to a public office by a political party, etc, it shall not be considered
as election campaign or partisan political activity.
2. Handwritten/printed letters
4. Print Ads
1. 120 1. 60
minutes minutes
for TV for TV
2. 180 2. 90
minutes minutes
for Radio for Radio
Limitation on Expenses:
for candidates:
President and Vice President = P10/voter;
Other candidates, if with party = P3/voter;
Other candidates, if without party = P5/voter.
If there are not enough public school teachers, teachers in private schools,
employees in the civil service, or other citizens of known probity and competence
may be appointed. (Section 13, RA 6646)
WATCHERS
Number
1. Official watchers
Candidates for the local legislature belonging to the same party are entitled
collectively to one watcher.
2. Other watchers
1. All watchers
CASTING OF VOTES
1. The chairman of the Board of Election Inspectors should sign each ballot at the
back. The omission of such signature does not affect the validity of the ballot.
(Libanan vs HRET,283 SCRA 520) Under the rules prevailing during the 1997
Barangay Elections, the failure to authenticate the ballots shall no longer be cause
for the invalidation thereof. (Malabaguio vs. COMELEC,346 SCRA 699)
2. A voter who was challenged on the ground that he has been paid for the vote or
made a bet on the result of the election will be allowed to vote if he takes an oath
that he did not commit the act alleged in the challenge. (Section 200,BP881)
4. It is unlawful to use carbon paper, paraffin paper or other means for making a
copy of the contents of the ballot or to use any means to identify the ballot.(Sec.
195,BP881). A ballot prepared under such circumstances should not be counted.
(Gutierrez vs. Aquino, Feb,26,1959)
COUNTING OF VOTES
MANNER
1. The Board of Election Inspectors shall read the ballots publicly and shall not
postpone the count until it is completed. (Section 206, BP 881)
2. The Board of Election Inspectors shall assume such positions as to provide the
watchers and the public unimpeded view of the ballot being read. (Section 25,
RA 7166)
2. If only the first name of a candidate is written and it sounds like the surname
of another candidate, the vote shall be counted in favor of the latter.
3. If there are two or more candidates with the same name and one of them is
incumbent, the vote shall be counted in favor of the incumbent.
4. When two or more words are written on different lines which are the
surnames of two or more candidates with the same surname of an office for
which the law authorizes the election of more than one, the vote shall be
counted in favor of all the candidates. With the same surname.
5. When the word written is the first name of one candidate and the surname of
another candidate, the vote shall be counted for the latter.
6. If the ballot contains the first name of one candidate and the surname of
another, the vote shall not be counted for either.
7. An incorrectly written name which sounds like the correctly written name of a
candidate shall be counted in his favor(Bautista vs Castro,206 SCRA 606)
8. If the word written is the incidental name of two or more candidates for the
same office none of whom is incumbent, the vote shall be counted in favor of the
candidate who belongs to the same ticket as all other candidates voted for in the
ballot for the same constituency.
9. The erroneous initial of the first name accompanied by the correct surname of
a candidate or the erroneous initial of the same accompanied by the correct first
name of a candidate shall not annul the vote in his favor.
10. A ballot in which the correct first name but wrong surname of a candidate is
written or the correct surname but wrong first name of a candidate is written
,shall not be counted in his favor.
11. Where a candidate named Pedro Alfonso died on the eve of the election and
his daughter Irma Alfonso substituted him, ballots in which the name Pedro
alfonso was written cannot be counted in her favor. (Afonso vs. COMELEC,232
SCRA 777)
12. If two or more candidates were voted for in an office for which the law
authorizes the election for only one, the vote shall not be counted in favor of any
of them.
13. If the candidate voted for exceed the number of those to be elected, the
votes for the candidates whose names were firstly written equal to the number
of candidates to be elected shall be counted.
14. Even if the name of a candidate was written on the wrong space, it should be
counted if the intention to vote for him can be determined, as when there is a
complete list of names of other offices written below his name or the voter wrote
the office for which he was electing the candidate. (Cordero vs.Moscardon,132
SCRA 414)
PRE-PROCLAMATION CONTROVERSY
For manual election:
• Any question pertaining to or affecting proceedings of Board of Canvassers
which may be raised by any candidate or by a registered political party or
coalition of political parties before the board or directly with COMELEC or any
matter raised under Sections 233, 234, 235, and 236, in relation to preparation,
transmission, receipt, custody and appreciation of election returns.
ELECTION CONTESTS
JURISDICTION
• President
• Vice-President ( Sec. 4, Art VII, Phil. Const)
• Congressmen ( Sec 17, Art VI, PC; Sampayan vs. Daza, 213 SCRA 807)
4) Commission on Elections
• Regional Officials
• Provincial Officials
• City Officials ( Sec 2(2). Art IX-C, PC; Sec 249 BP 881)
6) Metropolitan Trial Court, Municipal Circuit Trial Court, and Municipal Trial Court
• Barangay Officials [ Sec 2(2), Art IX-C, PC; Sec 252 BP 881; Regatcho vs. Cleto,
126 SCRA 342]
• Sangguniang Kabataan ( Sec 1, RA 7166)
I. ELECTION PROTEST
Requisites:
i. Must be filed by any candidate who has filed a certificate of candidacy and has
been voted upon for the same office.
ii. On ground of fraud, terrorism, irregularities or illegal acts committed before,
during or after the casting and counting of votes
iii. Within 10 days from the proclamation of the results of the election.
Requisites:
i. Filed by any registered voter in the constituency
ii. On grounds of ineligibility or disloyalty to the Republic of the Philippines
iii. Within 10 days from the proclamation of the results of the election
QUO QUO
WARRANTO WARRANTO
IN ELECTIVE IN
OFFICE APPOINTIVE
OFFICE
1.determinatio 1. determination
n is eligibility is legality of
of appointment
candidate-
elect
2.when person 2. court may
elected is determine as
declared to who
ineligible, among the
court cannot parties has
declare 2nd legal title to
placer as office
elected, even
if eligible
ELECTION OFFENSES
(READ SEC. 261, BP 881, THIS ENUMERATION IS NOT COMREHESIVE I JUST
COPIED THE HEADINGS)
(h) Transfer of officers and employees in the civil service. - Any public official who
makes or causes any transfer or detail whatever of any officer or employee in the
civil service including public school teachers, within the election period except upon
prior approval of the Commission.
(o) Use of public funds, money deposited in trust, equipment, facilities owned or
controlled by the government for an election campaign.
(p) Deadly weapons. - Any person who carries any deadly weapon in the polling
place and within a radius of one hundred meters thereof during the days and hours
fixed by law for the registration of voters in the polling place, voting, counting of
votes, or preparation of the election returns.
(w) Prohibition against construction of public works, delivery of materials for public
works and issuance of treasury warrants and similar devices.
(1) Any person who, having all the qualifications and none of the
disqualifications of a voter, fails without justifiable excuse to register as a voter
in an election, plebiscite or referendum in which he is qualified to vote.
(2) Any person who knowingly makes any false or untruthful statement relative
to any of the data or information required in the application for registration.
(3) Any person who deliberately imprints or causes the imprinting of blurred or
indistinct fingerprints on any of the copies of the application for registration or
on the voter's affidavit; or any person in charge of the registration of voters who
deliberately or through negligence, causes or allows the imprinting of blurred or
indistinct fingerprints on any of the aforementioned registration forms, or any
person who tampers with the fingerprints in said registration records.
(4) Any member of the board of election inspectors who approves any
application which on its face shows that the applicant does not possess all the
qualifications prescribed by law for a voter; or who disapproves any application
which on its face shows that the applicant possesses all such qualifications.
(5) Any person who, being a registered voter, registers anew without filing an
application for cancellation of his previous registration.
(6) Any person who registers in substitution for another whether with or without
the latter's knowledge or consent.
(7) Any person who tampers with or changes without authority any data or entry
in any voter's application for registration.
(8) Any person who delays, hinders or obstruct another from registering.
(9) Any person who falsely certifies or identifies another as a bona fide resident
of a particular place or locality for the purpose of securing the latter's
registration as a voter.
(10) Any person who uses the voter's affidavit of another for the purpose of
voting, whether or not he actually succeeds in voting.
(12) Any person who transfers or causes the transfer of the registration record of
a voter to the book of voters of another polling place, unless said transfer was
due to a change of address of the voter and the voter was duly notified of his
new polling place.
(13) Any person who asks, demands, takes, accepts or possesses, directly or
indirectly, the voter's affidavit of another, in order to induce the latter to
withhold his vote, or to vote for or against any candidate in an election or any
issue in a plebiscite or referendum. It shall be presumed prima facie that the
asking, demanding, taking, accepting, or possessing is with such intent if done
within the period beginning ten days before election day and ending ten days
after election day, unless the voter's affidavit of another and the latter are both
members of the same family.
(14) Any person who delivers, hands over, entrusts, gives, directly or indirectly
his voter's affidavit to another in consideration of money or other benefit or
promises thereof, or takes or accepts such voter's affidavit directly or indirectly,
by giving or causing the giving of money or other benefit or making or causing
the making of a promise thereof.
(15) Any person who alters in any manner, tears, defaces, removes or destroys
any certified list of voters.
(16) Any person who takes, carries or possesses any blank or unused
registration form already issued to a city or municipality outside of said city or
municipality except as otherwise provided in this Code or when directed by
express order of the court or of the Commission.
(17) Any person who maliciously omits, tampers or transfers to another list the
name of a registered voter from the official list of voters posted outside the
polling place.
(z) On voting:
(1) Any person who fails to cast his vote without justifiable excuse.
(2) Any person who votes more than once in the same election, or who, not
being a registered voter, votes in an election.
(3) Any person who votes in substitution for another whether with or without the
latter's knowledge and/or consent.
(4) Any person who, not being illiterate or physically disabled, allows his ballot to
be prepared by another, or any person who prepares the ballot of another who is
not illiterate or physically disabled, with or without the latter's knowledge and/or
consent.
(5) Any person who avails himself of any means of scheme to discover the
contents of the ballot of a voter who is preparing or casting his vote or who has
just voted.
(6) Any voter who, in the course of voting, uses a ballot other than the one
given by the board of election inspectors or has in his possession more than one
official ballot.
(7) Any person who places under arrest or detains a voter without lawful cause,
or molests him in such a manner as to obstruct or prevent him from going to the
polling place to cast his vote or from returning home after casting his vote, or to
compel him to reveal how he voted.
(8) Any member of the board of election inspectors charged with the duty of
reading the ballot during the counting of votes who deliberately omits to read
the vote duly written on the ballot, or misreads the vote actually written thereon
or reads the name of a candidate where no name is written on the ballot.
(9) Any member of the board of election inspectors charged with the duty of
tallying
the votes in the tally board or sheet, election returns or other prescribed form
who deliberately fails to record a vote therein or records erroneously the votes
as read, or records a vote where no such vote has been read by the chairman.
(10) Any member of a board of election inspectors who has made possible the
casting of more votes than there are registered voters.
(11) Any person who, for the purpose of disrupting or obstructing the election
process or causing confusion among the voters, propagates false and alarming
reports or information or transmits or circulates false orders, directives or
messages regarding any matter relating to the printing of official ballots, the
postponement of the election, the transfer of polling place or the general conduct
of the election.
(12) Any person who, without legal authority, destroys, substitutes or takes
away from the possession of those having legal custody thereof, or from the
place where they are legally deposited, any election form or document or ballot
box which contains official ballots or other documents used in the election.
(13) Any person having legal custody of the ballot box containing the official
ballots used in the election who opens or destroys said box or removes or
destroys its contents without or against the order of the Commission or who,
through his negligence, enables any person to commit any of the
aforementioned acts, or takes away said ballot box from his custody.
(14) Any member of the board of election inspectors who knowingly uses ballots
other than the official ballots, except in those cases where the use of emergency
ballots is authorized.
(15) Any public official who neglects or fails to properly preserve or account for
any ballot box, documents and forms received by him and kept under his
custody.
(16) Any person who reveals the contents of the ballot of an illiterate or disabled
voter whom he assisted in preparing a ballot.
(17) Any person who, without authority, transfers the location of a polling place.
(18) Any person who, without authority, prints or causes the printing of any
ballot or election returns that appears as official ballots or election returns or
who distributes or causes the same to be distributed for use in the election,
whether or not they are actually used.
(19) Any person who, without authority, keeps, uses or carries out or causes to
be kept, used or carried out, any official ballot or election returns or printed
proof thereof, type-form mould, electro-type printing plates and any other plate,
numbering machines and other printing paraphernalia being used in connection
with the printing of official ballots or election returns.
(21) Any person who, through any act, means or device, violates the integrity of
any official ballot or election returns before or after they are used in the election.
(22) Any person who removes, tears, defaces or destroys any certified list of
candidates posted inside the voting booths during the hours of voting.
(23) Any person who holds or causes the holding of an election on any other day
than that fixed by law or by the Commission, or stops any election being legally
held.
(24) Any person who deliberately blurs his fingerprint in the voting record.
(aa) On Canvassing:
(1) Any chairman of the board of canvassers who fails to give due notice of the
date, time and place of the meeting of said board to the candidates, political
parties and/or members of the board.
(2) Any member of the board of canvassers who proceeds with the canvass of
the votes and/or proclamation of any candidate which was suspended or
annulled by the Commission.
(3) Any member of the board of canvassers who proceeds with the canvass of
votes and/or proclamation of any candidate in the absence of quorum, or without
giving due notice of the date, time and place of the meeting of the board to the
candidates, political parties, and/or other members of the board.
(4) Any member of the board of canvassers who, without authority of the
Commission, uses in the canvass of votes and/or proclamation of any candidate
any document other than the official copy of the election returns.
(bb) Common to all boards of election inspectors and boards of canvassers:
(1) Any member of any board of election inspectors or board of canvassers who
deliberately absents himself from the meetings of said body for the purpose of
obstructing or delaying the performance of its duties or functions.
(2) Any member of any board of election inspectors or board of canvassers who,
without justifiable reason, refuses to sign and certify any election form required
by this Code or prescribed by the Commission although he was present during
the meeting of the said body.
(3) Any person who, being ineligible for appointment as member of any board of
election inspectors or board of canvassers, accepts an appointment to said body,
assumes office, and actually serves as a member thereof, or any of public officer
or any person acting in his behalf who appoints such ineligible person knowing
him to be ineligible.
(4) Any person who, in the presence or within the hearing of any board of
election inspectors or board of canvassers during any of its meetings, conducts
himself in such a disorderly manner as to interrupt or disrupt the work or
proceedings to the end of preventing said body from performing its functions,
either partly or totally.
(5) Any public official or person acting in his behalf who relieves any member of
any board of election inspectors or board of canvassers or who changes or
causes the change of the assignments of any member of said board of election
inspectors or board of canvassers without authority of the Commission.
(1) Any political party which holds political conventions or meetings to nominate
its official candidates earlier that the period fixed in this Code.
(2) Any person who abstracts, destroys or cancels any certificate of candidacy
duly filed and which has not been cancelled upon order of the Commission.
(3) Any person who misleads the board of election inspectors by submitting any
false or spurious certificate of candidacy or document to the prejudice of a
candidate.
(6) Any person who solicits votes or undertakes any propaganda, on the day of
election, for or against any candidate or any political party within the polling
place or within a radius of thirty meters thereof.
(1) Any person who sells, furnishes, offers, buys, serves or takes intoxicating
liquor on the days fixed by law for the registration of voters in the polling place,
or on the day before the election or on election day: Provided, That hotels and
other establishments duly certified by the Ministry of Tourism as tourist oriented
and habitually in the business of catering to foreign tourists may be exempted
for justifiable reasons upon prior authority of the Commission: Provided, further,
That foreign tourists taking intoxicating liquor in said authorized hotels or
establishments are exempted from the provisions of this subparagraph.
(2) Any person who opens in any polling place or within a radius of thirty meters
thereof on election day and during the counting of votes, booths or stalls of any
kind for the sale, dispensing or display of wares, merchandise or refreshments,
whether solid or liquid, or for any other purposes.
(3) Any person who holds on election day, fairs, cockfights, boxing, horse races,
jai-alai or any other similar sports.
(4) Refusal to carry election mail matter. - Any operator or employee of a public
utility or transportation company operating under a certificate of public
convenience, including government-owned or controlled postal service or its
employees or deputized agents who refuse to carry official election mail matters
free of charge during the election period. In addition to the penalty prescribed
herein, such refusal shall constitute a ground for cancellation or revocation of
certificate of public convenience or franchise.
(5) Prohibition against discrimination in the sale of air time. - Any person who
operates a radio or television station who without justifiable cause discriminates
against any political party, coalition or aggroupment of parties or any candidate
in the sale of air time. In addition to the penalty prescribed herein, such refusal
shall constitute a ground for cancellation or revocation of the franchise.