NOTES and REVIEWER on ELECTION LAWS

(For Final Exam)

 Election – an embodiment of the popular will, the expression of the sovereign power of the people.
 Components:
 Choice or selection of candidates to public office by popular vote
 Conduct of the polls
 Listing of votes
 Holding of Electoral campaign
 Act of casting and receiving the ballots from the voters
 Counting the ballots
 Making the election returns
 Proclaiming the winning candidates
 Regular election – refers to an election participated in by those who possess the right of suffrage
and not disqualified by law and who are registered voters.
 Special election – is when there is failure of election on the scheduled date of regular election in a
particular place or which is conducted to fill up certain vacancies, as provided by law.
 Political Parties – an organized group of persons pursuing the same ideology, political ideas or
platforms of government including its branches and divisions.
 Types of Political Parties
A. Registered Parties:
1. Dominant Majority Party – usually the administration party; entitled to a copy of election
return
2. Dominant Minority Party – entitled to a copy of election return
3. Majority Political Party
4. Top 3 Political Parties – entitled to appoint principal watcher and a copy of the certificate
of canvass
5. Bottom 3 Political parties – entitled to appoint principal watcher
B. Non-registered parties
 Criteria to Determine the Type of Political Party
1. Established Record of the said parties, showing in past elections
2. Number of Incumbent Elective Officials
3. Identifiable political organizations and strengths
4. Ability to fill a complete slate of candidates
5. Other analogous circumstances
 Grounds for Challenging the Voter
1. Illegal voters ( Not Registered / Using the name of another / disqualified )
2. Based on certain illegal acts (Vote buying)
 Acquisition of Juridical Personality
 It is acquired upon registration with the COMELEC.
 Forfeiture of Status as a Registered Political Party
 The status shall be deemed forfeited if the political party, singly or in coalition with others,
fails to obtain at least 10% of the votes cast in the constituency in which it nominated and

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 supported a candidate/s in the election next following its registration. There shall be notice
and hearing.

 Rules on Filing of Certificates of Candidacy

 No person shall be elected into public office unless he files his certificate of candidacy within
the prescribed period.
 No person shall be eligible for more than one office. If he/she files for more than one position,
he shall not be eligible for all unless he cancels all and retains one.
 The certificate of candidacy shall be filed by the candidate personally or by his duly
authorized representative.
 Upon filing, an individual becomes a candidate, he is already covered by rules, restrictions
and processes involving candidates.
 Grounds for Disqualification
Election offenses under Sec 68 of the Omnibus Election Code (OEC)
Not possessing qualifications and possessing disqualifications under the Local Government Code
2.1 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

2.2 Removed from office as a result of an administrative case

2.3 Convicted by final judgment for violating the oath of allegiance to the Republic

2.4 Dual citizenship ( more specifically, dual allegiance)

2.5 Fugitives from justice in criminal or non-political cases here or abroad

2.6 Permanent residents in a foreign country or those who have acquired the right to reside abroad
and continue to avail of the same right

2.7 Insane or feeble-minded

Nuisance candidate
Violation of sec 73 of OEC with regard to certificate of candidacy
Violation of sec 78 which is material misrepresentation of reqts under sec. 74.
* Disqualifications (from continuing as a candidate or from holding the office if already elected):

Any candidate, who in an action or protest in which he is a party is declared by final decision of a
competent court guilty of, or is found by the Commission of having:

Given money or other material consideration to influence, induce or corrupt the voters or public
officials performing electoral functions.
Committed acts of terrorism to enhance his candidacy
Spent in his election campaign an amount in excess of that allowed by the Omnibus Election Code )
Solicited, received or made any contribution prohibited under this Code
Violated any of the following sections: Section 80, 83, 85,86,261
Permanent resident of or an immigrant to a foreign country shall not be qualified to run for any
elective office UNLESS he/she has waived his/her status as a permanent resident/immigrant of a
foreign country in accordance with the residence requirement provided for under election laws.

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Effect of a Disqualification case (under RA 6646)

Any candidate who has been declared by final judgment to be disqualified shall NOT be voted for.
The votes cast in his favor shall not be counted.
If the candidate is not disqualified by final judgment before the election and receives the highest
number of votes in the election, the court or COMELEC will continue with the trial and hearing of
the action, inquiry or protest. Upon motion of the complainant or intervenor, the court or
COMELEC may order the suspension of the proclamation of the candidate whenever the evidence of
his guilt is strong.

Nuisance Candidates

A. The term refers to candidates who have no bona fide intention to run for the office for which the
certificate of candidacy has been filed and would thus prevent a faithful determination of the true will
of the people.

B. Power of COMELEC

May refuse to give due course to or cancel a certificate of candidacy of a nuisance candidate. This
can be done motu proprio or upon verified petition of an interested party.
2.There should be a showing that:

Certificate of candidacy has been filed to put the election process in mockery/disrepute or
To cause confusion among the voters by the similarity of the names of the registered candidates
Other circumstances which clearly demonstrate that the candidate has no bona fide intention to run
for the office…
Petition to deny due course to or to cancel a Certificate of Candidacy

A. Exclusive ground: A material representation in the certificate of candidacy is false.

B. The petition should be filed not later than 25 days from the filing of the certificate of candidacy.

C. It should be decided not later than 15 days before the election, after due notice and hearing.

Election Campaign/Partisan Political Activity

Ø Definition
1) It refers to an act designed to promote the election or defeat of a particular candidate/s to a public
office

2) It includes:

A. Forming organizations, associations, clubs, committees or other groups of persons for the purpose
of soliciting votes and/or undertaking any campaign for or against a candidate.

B. Holding political caucuses, conferences, meetings, rallies, parades or other similar assemblies for
the purpose of soliciting votes and/or undertaking any campaign or propaganda for or against a
candidate.

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C. Making speeches, announcements or commentaries or holding interviews for or against the
election of any candidate for public office.

D. Publishing or distributing campaign literature or materials designed to support or oppose the

election of any candidate.

E. Directly or indirectly soliciting votes, pledges or support for or against a candidate.

3) When the acts enumerated above are NOT considered an election campaign/partisan political
activity.

If the acts are performed for the purpose of enhancing the chances of aspirants for nomination for
candidacy to a public office by a political party, aggroupment, or coalition of parties.

RA 9006 – FAIR ELECTION ACT

Important Features:

1) 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 shall not be considered
ipso facto resigned from his office upon the filing of his certificate of candidacy.

2) Lifting of the Political Ad Ban – Written and Printed Materials (8.5” W x 14L”)

Letters

Posters (2’ x 3’) in common-private poster areas ( not more than 10 public places per political party
or independent candidate, 12’ 16’), private places and public places

Rally streamers (3’ x 8’) NOT MORE THAN 2

Paid Advertisements at Discounted Rates

Print : 1/4th page in broadsheet and ½ page in tabloid 3x a week

Television: 120 minutes for candidate for nationally elective office and 60 for local

Radio: 180 minutes for candidate for nationally elective office and 90 for local

COMELEC free space (3 national newspaper for nationally elective officials and 1 national
newspaper for local) and airtime

(3 national television networks for nationally elective officials and 1 station for local ) : equal
allocation for all candidates for 3 calendar days

Authorized Expenses ( multiplied with the total number of registered voters )

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P 10 for president / vice president
P 3 for other candidates for every voter currently registered in the constituency
P 5 for independent candidates and political parties
Voters
Qualifications
Age: 18 years old and over.
Residence
He /she should have resided in the Philippines for one year and
Resided in the city/municipality wherein he proposes to vote for at least 6 months immediately
preceding the election.
Residence Requirement
If the transfer of residence is due to any of the following reasons, the person concerned will be
deemed NOT to have lost his original residence:

A. Transfer solely because of occupation, profession, employment in private or public service

B. Educational activities

C. Work in military or naval reservations

D. Service in the army, navy or air force, national police force

E. Confinement/detention in government institutions in accordance with law.

RA 8189 – VOTER’S REGISTRATION ACT OF 1996

Q: Can there still be general registration of voters?

A: No more, because 8189 (7) provides for such only for the May ’98 elections

Q: What kind of registration system do we have?

A: Continuing, Computerized and Permanent

Disqualifications
A. If sentenced by final judgment to suffer imprisonment for not less than 1 year and such disability
was not removed by plenary pardon or has not been granted amnesty. However, any person
disqualified to vote shall automatically reacquire the right to vote upon expiration of 5 years after
service of sentence.

B. Any person who has been adjudged by final judgment by competent court or tribunal of having
committed any crime involving disloyalty to the duly constituted government such as rebellion or
any crime against national security:

1. UNLESS restored to his full civil and political rights in accordance with law.

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2. However, he shall regain his right to vote automatically upon expiration of 5 years after service of
sentence.

C. Insane or incompetent persons as declared by competent authority.

Jurisdiction in Inclusion/Exclusion cases

A. The municipal and metropolitan trial courts shall have original and exclusive jurisdiction over all
matters of inclusion and exclusion of voters from the list in their respective municipalities or cities.
Petition filed at any time except 105 days before regular election or 75 days before special election

B. Decisions may be appealed to the RTC within 5 days from receipt of notice of decision.

C. RTC will decide the appeal within 10 days. Decision is final and executory.

D. Note: Relate this to Article IX of the Constitution which provides that the COMELEC has no
jurisdiction over questions involving the right to vote.

E. Exclusion is through sworn petition and not later than 100 days before regular election; 65 days
before special election

Grounds when the List of Voters will be altered:

Deactivation/ Reactivation
Exclusion/ Inclusion
Cancellation of Registration in case of Death
New voters
Annulment of Book of Voters
Transfer of Residence
How is challenge to right to register effected?

Who – any voter, candidate, political party representative

How – in writing, stating grnds, under oath, proof of notice of hearing

Deactivation means 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.

How is reactivation of registration effected ?

Sworn application for reactivation

Affidavit

Not later than 120 days before regular election and 90 days before special election

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Annulment of Book of Voters is through verified petition; notice and hearing; not prepared in
accordance with law or prepared through fraud, bribery, forgery, impersonation, intimidation, force,
any similar irregularity or which contains data that are statistically improbable

Cannot be done within 90 days before election

Postponement of Election
Causes
Violence
Terrorism
Loss or destruction of election paraphernalia/records
Force majeure
Other analogous causes
Effect
It is impossible to hold a free, orderly and honest election in any political subdivision

COMELEC can postpone the election (when decided by a majority vote of the COMELEC sitting en
banc, RA 7166):

A. Motu proprio

B. Upon a verified petition by any interested party, after due notice and hearing

Date of new election

The date of the postponed election should be reasonably close to the date of the election not held,
suspended, or which resulted in a failure to elect. It should not be later than 30 days after the
cessation of the cause for such postponement or suspension of the election or failure to elect.

Failure of Election
Causes
Force majeure
Violence
Terrorism
Fraud
Other analogous causes
Under RA 7166, the causes for the declaration of the failure of election may occur before or after the
casting of votes or on the day of the election.

Effects of above causes

A. Election in any polling place was not held on the date fixed;

B. Election was suspended before the hour fixed by law for the closing of the voting

C. Elections results in a failure to elect (after the voting and during the preparation and
transmission of the election returns or in the custody or canvass thereof)

AND the failure or suspension of the election would affect the result of the election

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Remedy
COMELEC can call for the holding or continuation of the election not held, suspended, or which
resulted in a failure to elect. The election should be held not later than 30 days after the cessation of
the cause of the postponement or suspension of the election or failure to elect. This is decided by the
COMELEC, by a majority vote of its members, sitting en banc.

RA 7941 – Party-List System Act

Seeks to promote proportional representation

Any party already registered need not register anew. File manifestation not later than 90 days before
election.
Grounds for refusing or canceling registration of Party-Lists groups
Religious sect or denomination, organization
Advocates violence
Foreign party or organization
Receives foreign support
Violates election law
Untruthful statements in its petition
Ceased to exist for at least one year
Failed to participate in the last two preceding elections or fails to obtain at least 2% of the votes cast
under the party-list system in the 2 preceding elections for the constituency in which it has registered
Nomination of party-list reps should not include any candidate for any elective office or a person
who has lost his bid for an elective office in the immediately preceding election

Incumbent sectoral representatives in the House of Representatives who are nominated in the party-
list system shall not be considered resigned

Party List Reps constitute 20% of the total number of the members of the House of Reps including
those under the party-list

How do we determine the number of party list seats in the House of Reps?

(# of District Reps / 0.80) x 0.20 = # of party list reps

There are presently 208 legislative districts, according to the Veterans Federation Case
The 5 major political parties are now entitled to participate in the party list system
Parties receiving at least 2% of the total votes cast for the party-list system shall be entitled to one
seat each
No party shall be entitled to more than 3 seats
Currently, there are 260 seats. So 20 % of 260 is 52 seats. But this is only a ceiling.
A list with 5 names should be submitted to COMELEC as to who will represent the party in the
Congress. Ranking in the list submitted determines who shall represent party or organization.
Rules for Appreciation of Ballots
Liberal Construction in favor of the validity of the ballot
Look at the ticket slate, consider locality or literacy rate
Rule 211 of the OEC

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Incumbency / Surname
Cannot ascertain – STRAY VOTE
Pre-Proclamation Controversies
Definition
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.
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)
When election returns are delayed, lost or destroyed (Sec.233)
Material defects in the election returns (Sec. 234)
When election returns appear to be tampered with or falsified. (Sec. 235)
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

Illegal composition or proceedings of the board of canvassers
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.
The election returns were prepared under duress, threats, coercion, or intimidation, or they are
obviously manufactured, or not authentic.
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.

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Summary nature of pre-proclamation controversy
Pre-proclamation controversies shall be heard summarily by the COMELEC.
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)

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:

The COMELEC determines that the petition is meritorious and issues an order for the proceedings to
continue or
The Supreme Court issues an order for the proceedings to continue in a petition for certiorari.
Election Contest
Original Jurisdiction
COMELEC has ORIGINAL jurisdiction over contests relating to the elections, returns, qualifications
of all elective:

Regional
Provincial
City officials
Appellate Jurisdiction
COMELEC has APPELLATE jurisdiction over all contests involving:

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A. Elective MUNICIPAL officials decided by trial courts of GENERAL jurisdiction

B. Elective BARANGAY officials decided by trial courts of LIMITED jurisdiction

Who can file a petition contesting the election

Any candidate who has duly filed a certificate of candidacy and has been voted for the same office

Purpose of an election contest

The defeated candidate seeks to outs the proclaimed winner and claims the seat.

Final COMELEC Decisions

Provision that decisions, final orders, rulings of the Commission on election contests involving
municipal and barangay offices are final, executory and not appealable:

A. This only applies to questions of FACT. ( Flores v. COMELEC, 184 SCRA 484)

B. It does NOT preclude a special civil action of certiorari. (Galido v. COMELEC, Jan. 18,1991)

Distinctions between Pre-Proclamation Controversy and Election Contest

1) Dividing line: Proclamation of a candidate

2) Jurisdiction

A. Pre-proclamation controversy

1.The jurisdiction of COMELEC is administrative/quasi-judicial

2.It is governed by the requirements of administrative due process

B. Election contest

1.The jurisdiction of COMELEC is judicial

2.It is governed by the requirements of judicial process

3) 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.

4) However, in some cases, the SC has 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.

Election Offenses ( Selected Offenses)

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Vote buying and vote-selling
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 an 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 anyone or the public in general to vote for or against any candidate or withhold his vote
in the election or

2. To vote for or against any aspirant for the nomination or choice of a candidate in a convention or
similar selection

C. Under RA 6646 (Prosecution of vote-buying/selling)

1. Presentation of a complaint supported by affidavits of complaining witnesses attesting to the offer

or promise by or the voters acceptance of money or other consideration from the relatives, leaders or
sympathizers of a candidate is sufficient basis for an investigation by the COMELEC,directly or
through its duly authorized legal officers.

2. Disputable presumption of conspiracy:

Proof that at least one voter in different precincts representing at least 20% of the total precincts in
any municipality, city or province has been offered, promised or given money, valuable
consideration or other expenditure by a candidate relatives, leaders and/or sympathizsrs for the
purpose of promoting the election of such candidate.

3. Disputable presumption of involvement

Proof affects at least 20% of the precincts of the municipality, city or province to which the public
office aspired for by the favored candidate relates. This will constitute a disputable presumption of
the involvement of such candidate and of his principal campaign managers in each of the
municipalities concerned in the conspiracy

Coercion of a subordinate
A. Who can be held liable

1. public officer

2. officer of a public/private corporation/association

3. heads/superior/administrator of any religious org.

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4. employer/landowner

B. Prohibited acts

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.
Dismissing or threatening to dismiss, punishing or threatening to punish by reducing salary, wage or
compensation or by demotion, transfer, suspension etc.

Appointment of new employees, creation of new position, promotion or giving salary increases:

A. Who can be held liable: Any head/official/appointing officer of a government office, agency or
instrumentality, whether national or local, including GOCCs.

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.

C. Period when acts are prohibited

1. 45 days before a regular election

2. 30 days before a special election

D. Exceptions

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
In case of urgent need, a new employee may be appointed. Notice of appointment should be given to
COMELEC within 3 days from appointment.
Prohibition against release, disbursement or expenditure of public funds
A. Who can be held liable: Any public official or employee including barangay officials and those of
GOCCs/subsidiaries

B. Prohibited acts:

The release, disbursement or expenditure of public funds for any and other kinds of public works

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C. Period when acts are prohibited:

1. 45 days before a regular election

2. 30 days before a special election

D. Exception

maintenance of existing/completed public works project.

work undertaken by contract through public bidding, or by negotiated contract awarded before the 45
day period before election
payment for the usual cooperation for working drawings, specfications and other procedures
preparatory to actual construction including the purchase of material and equipment and incidental
expenses for wages.
Emergency work necessitated by the occurrence of a public calamity but such work shall be limited
to the restoration of the damaged facility.
Ongoing public work projects commenced before the campaign period or similar projects under
foreign agreements.
Suspension of elective, provincial, city, municipal or barangay officer
A. General rule: public official CANNOT suspend any of the officers enumerated above during the
election period.

B. Exceptions

With prior approval of COMELEC

Suspension is for the purpose of applying the Anti-Graft and Corrupt Practices Act
In relation to registration of voters/voting

Unjustifiable refusal to register and vote

Voting more than once in the same election/voting when not a registered voter
Voting in substitution for another with or without the latters’ knowledge and/or consent etc.

Other election offenses under RA 6646

Causing the printing of official ballots and election returns by printing establishments not on contract
with COMELEC and printing establishments which undertakes unauthorized printing
Tampering, increasing or decreasing the votes received by a candidate or refusing after proper
verification and hearing to credit the correct votes or deduct the tampered votes (committed by a
member of the board of election inspectors)
Refusing to issue the certificate of voters to the duly accredited watchers (committed by a member of
the BEI)
Person who violated provisions against prohibited forms of election propaganda
Failure to give notice of meetings to other members of the board, candidate or political party
(committed by the Chairman of the board of canvassers)
A person who has been declared a nuisance candidate or is otherwise disqualified who continues to
misrepresent himself as a candidate (Ex. by continuing to campaign) and any public officer or private
individual who knowingly induces or abets such misrepresentation by commission or omission.

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If the chairman of the BEI fails to affix his signature at the back of the official ballot, in the presence
of the voter, before delivering the ballot to the voter. (under RA 7166)
Prescription of Election Offenses
Election offenses shall prescribe after 5 years from the date of their commission
If the discovery of the offense is made in an election contest proceeding, the period of prescription
shall commence on the date on which the judgment in such proceedings becomes final and executory
Jurisdiction of courts
RTC has exclusive original jurisdiction to try and decide any criminal action or proceedings for
violation of the Code.
MTC/MCTC have jurisdiction over offenses relating to failure to register or vote.

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