ELECTION LAWS l Atty.
Ferdinand Gujilde l Notes by Tanya Ibanez
PART II. SUFFRAGE
SUFFRAGE
SUFFRAGE DEFINED
Nolasco v. Comelec
One-liner: Suffrage is the bedrock of republicanism. It is the means by
which the people express their sovereign judgment. Its free exercise
therefore must be protected especially against the purchasing power of
the peso.
Facts:
The proclamation of mayoralty candidate was voided after he was
disqualified for vote-buying but he obtained the highest number of
votes. The second placer insists he should be proclaimed winner.
Held:
The candidate who obtains the second highest number of votes may not
be proclaimed winner in case the winning candidate is disqualified. The
second placer is not the choice of the people. The dispute involves not
only the mayoralty, it concerns suffrage which is the bedrock of
republicanism.
People v. San Juan
One-liner: Every unlawful obstacle, by whatever means or method,
interposed to the free entry of a voter into the polling place to cast his
vote, strikes at the very heart of the right of suffrage.
Facts:
A couple was charged with an election offense for preventing a voter
from entering the polling place. But the information was quashed for
insufficiency because it failed to negate the exception that there were
more than 40 voters waiting inside the polling place.
Held:
The exception does not form part of the offense hence need not be
alleged in the information. It is a matter of defense. The validity of this
view is affirmed when we realize that the case involves no less than
suffrage, which is the bedrock of all institutions.
Indeed, each time the enfranchised citizen goes to the polls to assert
this sovereign will, that abiding credo of republicanism is translated into
living reality. If that will must remain undefiled at the starting level of
its expression and application, every assumption must be indulged in
and every guarantee adopted to assure the unmolested exercise of the
citizen's free choice. For to impede, without authority valid in law, the
free and orderly exercise of the right of suffrage, is to inflict the ultimate
indignity on the democratic process.
CONSTITUTIONAL BASIS OF SUFFRAGE
Article V, Section 1, 1987 Constitution
Suffrage may be exercise by all citizens of the Philippines, not otherwise
disqualified by law, who are at last 18 years of age, and who shall have
resided in the Philippines for at least one year and in the place wherein
they propose to vote for at least 6 months immediately preceding the
election. No literacy, property or other substantive requirement shall be
imposed on the exercise of suffrage.
TN:
1. All citizens of the Philippines, not otherwise disqualified by law
2. At least 18 years old
3. Resident of the Philippines for at least 1 year immediately
preceding the elections
4. Resident of the place where he proposes to vote at least 6 months
immediately preceding the election
5. No literacy, property and other substantive requirement shall be
imposed on the exercise of suffrage
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HISTORY OF SUFFRAGE
HISTORY OF SUFFRAGE IN THE PHILIPPINES
Q. Is suffrage an obligation or a right?
1. Section 1, Article V, 1935 Constitution
Suffrage may be exercise by male citizens. Suffrage for women
may be extended by the National Assembly through a plebiscite
affirmed by at least 300, 000 women qualified to vote.
2. Section 1, Article VI, 1973 Constitution
Suffrage shall be exercised by citizens of the Philippines not
otherwise disqualified by law.
3. Section 4, Omnibus Election Code
It shall be the obligation of every citizen qualified to vote to
register and cast his vote.
4. Section 261, Omnibus Election Code
Any person who, having all the qualifications and none of the
disqualifications as a voter, fails without justifiable cause to
register as a voter in an election, plebiscite or referendum in
which he is qualified to vote.
Penalty for failure to register and vote:
 Imprisonment of not less than 1 year but not more than 6
years without probation
 Disqualified to hold public office
 Deprivation of suffrage
5. Section 1, Article V, 1987 Constitution
Suffrage may be exercise by all citizens of the Philippines not
otherwise disqualified by law.
SUFFRAGE FOR OVERSEAS ABSENTEE VOTERS
SUFFRAGE FOR OVERSEAS ABSENTEE VOTERS
Section 2, Article V, 1987 Constitution
The Congress shall provide a system for securing the secrecy and
sanctity of the ballot as well as a system for absentee voting by qualified
Filipinos abroad.
TN: “Secrecy and sanctity of the ballot” – no one should know who you voted for.
Section 5 (d), RA 9189 Overseas Absentee Voting Act
An immigrant or permanent resident who is recognized as such in the
host country is disqualified from voting under this Act, unless he
executes an affidavit upon registration that:
1. He shall resume actual permanent residence in the country within
3 years from approval of registration
2. He has not applied for citizenship in another country
3. Failure to return results in the removal of the name from the
National Registry of Absentee voters
4. Permanent disqualification to vote in absentia.
Macalintal v. Comelec
Facts:
Section 5 of the Absentee Voting Act was assailed as unconstitutional
based on the following grounds:
1. It violates the Constitution which requires that a voter must be a
resident of the country
2. In Caasi v. CA, it was held that a green card holder immigrant to
the US is deemed to have abandoned his domicile and residence
in the Philippines
3. The Constitution does not allow provisional registration or a
promise by a voter to perform a condition precedent to be
qualified to vote
ELECTION LAWS l Atty. Ferdinand Gujilde l Notes by Tanya Ibanez
4. Congress should not circumvent the Constitutional requirement
on suffrage by providing a condition which amends the residence
requirement
5. Suffrage should only be granted to persons possessing
qualifications on the day of election
Issue:
Does Section 5(d) of RA No. 9189 allowing the registration of voters who
are immigrants or permanent residents in other countries by their mere
act of executing an affidavit expressing their intention to return to the
Philippines, violate the residency requirement in Section 1 of Article V of
the Constitution?
Held:
No. Absentee voting is an exception to the regular system of voting. It
is intended to accommodate soldiers and sailors and other qualified
voters who, on election day, are absent from the place where they are
residents or registered. The execution of the affidavit is not the enabling
or enfranchising act. It is not only proof of intention to return, but more
importantly, it serves as an express declaration that the domicile was
not abandoned.
Section 5 (d) does not circumvent the Constitution. Instead, it complies
with a constitutional mandate which requires that Congress legislate
absentee voting that presupposes the qualified citizen abroad is not
physically present in the country.
SUFFRAGE FOR LOCAL ABSENTEE VOTERS
SUFFRAGE FOR LOCAL ABSENTEE VOTERS
Q. Who are qualified?
1. Any person who, by reason of public functions and duties, is not
in his place of registration on election day, may vote in a city or
municipality where he is assigned on election day.
2. Members of the AFP and PNP and other government officers and
employees who, on election day, may be temporarily assigned
to perform election duties in a place where they are not
registered voters.
3. Members of the Board of Election Inspectors – they may vote in
the polling place where they are assigned on election day,
provided they are registered voters in the city, municipality or
province and their voting is noted in the minutes.
4. Members of media, media practitioners, including the technical
and support staff, who are duly registered voters and who, on
election day, may not be able to vote due to the performance of
their functions in covering and reporting on the elections.
Q. Who can they vote for?
1. EO 157 – For the 1987 election, they can vote only for senators
2. RA 7166 – President, Vice-President and Senators
3. RA 10380 – President, Vice-President, Senators and Party-list
4. Omnibus Election Code – All candidates
SUFFRAGE FOR DISABLED AND ILLTERATE VOTERS
SUFFRAGE FOR DISABLED AND ILLITERATE VOTERS
Section 2, Article V, 1987 Constitution
The Congress shall also design a procedure for the disabled and the
illiterates to vote without the assistance of other persons. Until then,
they shall be allowed to vote under existing laws and such rules as the
Comelec may promulgate to protect the secrecy of the ballot.
Q. Who may be assisted?
1. A person with disability
2|U N I V E R S I T Y O F S A N C A R L O S S L G
2. A senior citizen who is illiterate or physically unable to
personally prepare the ballot
Provided:
A. Such physical inability is of such nature as to prevent the
voter from personally accomplishing the ballot.
B. Such physical inability or illiteracy is indicated in the
registration board.
Except: If the physical inability is manifest. Hence, said voter
shall be allowed to be assisted even if not stated in the
registration record.
Q. Who can assist?
1. Relative by consanguinity or affinity within the fourth civil degree
2. If none, person of confidence who belong to the same
household.
3. By any member of the Board of Election Inspectors
Provided: That the assistor be of voting age.
Q. How do the assistors vote?
1. Assistor votes inside the voting booth
2. Declared under oath to fill out the ballot strictly according to the
instructions of the voter and not to reveal the contents of the
ballot
Limitation: Assistor cannot assist more than 3 times.
Except: The Board of Election Inspectors
Creation of Precincts for Persons with Disabilities and Senior
Citizens
 Authorizes one accessible polling place for every voting centre
 Exclusive for PWDs and senior citizens who in their registration
records manifest their intent to avail of a separate polling place
 Non-territorial in nature.
 Provided with assistive devices and services of experts in assisting
PWDs
CONTINUING REGISTRATION OF PWDS AND ILLITERATE
Q. Who may be assisted in voter’s registration?
1. Illiterate persons
2. Persons with disability
Q. Who can assist?
1. Illiterate – Election officer or member of the accredited citizen’s
arm
2. PWDs – Election officer or member of the accredited citizen’s
arm or relative within the 4th civil degree of consanguinity or
affinity
Q. How assisted?
1. Illiterate or PWD is under oath
2. Interviewed and answers are recorded
3. Contents of the form is read aloud
4. The accomplished form shall be subscribed by the applicant
5. Attested by the majority of the members of the Board
VOTER’S REGISTRATION
VOTER’S REGISTRATION DEFINED
Q. What is meant by voter’s registration?
Section 3, RA 8189
The act of accomplishing and filing of a sworn application for registration
by a qualified voter before the election officer of the city or municipality
wherein he resides and including the same in the book of registered
voters upon approval by the Election Registration Board.
ELECTION LAWS l Atty. Ferdinand Gujilde l Notes by Tanya Ibanez
Yra v. Abano
One-liner: Registration regulates the exercise of the right of suffrage.
It is not a qualification for such right.
Facts:
An aspiring lawyer from the province went to the city to study law where
he also registered as a voter. When he became a lawyer, he returned to
the province, ran for and won as municipal president. However, he was
not able to register as a voter in the municipality because he failed to
cancel his registration in the city on time. Thus, his election was
challenged on the ground that being not registered, he is ineligible to
run and be elected.
It was established however that the municipal president was a resident
of the municipality but is not registered as a voter there.
Issue:
Whether he is eligible to run and be elected.
Held:
Yes. It is true that one of the qualifications required by law of a person
who announces his candidacy is that he must be a duly qualified elector.
However, “qualified elector” meant a person who had all of the
qualifications provided by law to be a voter and not a person registered
in the electoral list.
Eligibility is not affected by failure to register. Registration is a mere step
to voting, not an element to it. Registration does not confer suffrage but
a mere condition precedent to its exercise. Registration merely
regulates, not qualifies suffrage.
Caveat. Today, you cannot run for public office without registration.
SYSTEM OF CONTINUING REGISTRATION
SYSTEM OF CONTINUING REGISTRATON
Period of Registration
The personal filing of application of registration of voters shall be
conducted daily in the office of the Election Officer during regular office
hours. No registration shall, however, be conducted during the period
starting one hundred twenty (120) days before a regular election and
ninety (90) days before a special election.
GR: Daily in the Office of the Election Officer during office hours.
XPNs:
1. 120 days before a regular election
2. 90 days before a special election
Akbayan Youth v. Comelec (2001)
One-liner: The right of suffrage is not at all absolute. It is subject to
existing substantive and procedural requirements embodied in the
Constitution and statute books. The act of registration is an
indispensable precondition to the right of suffrage, for it is part and
parcel of the right to vote and an indispensable element in the election
process.
Facts:
The Comelec conducted voter’s registration until December 27, 2000.
Petitioners, who claim to represent the youth sector, asked it conduct
registration February 17 and 18, 2001. They said that around 4 million
youth voters aged 18 to 21 failed to register on or before the deadline,
hence, the need for extension. It was also anchored on the renewed
political awareness and interest among the youth to participate in the
political process generated by the recent political events in the country.
The Comelec refused on the ground that it will affect its preparations
for the elections. Contrary to popular belief, voter’s registration is not
limited to the act of going to the election officer and writing down the
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names. Applications for registration are subject to hearing, notice and
action of the Election Registration Board.
The following pre-election acts need to be done:
 Complete the project of precincts
 Constitution of the Board of Election Inspectors
 Inspection, verification and sealing of book of voters
 Finalization of computerized voter’s list
 Preparation, bidding, printing and distribution of the voter’s
information sheets, among many others
It was argued that the Comelec is endowed with standby or residual
powers to designate other dates for certain pre-election acts.
Held:
Suffrage is not absolute, it is subject to substantive and procedural
requirements. It is regulated by measures like voters registration which
is not a mere statutory requirement. The State, in the exercise of its
inherent police power, may then enact laws to safeguard and regulate
the act of voter’s registration for the ultimate purpose of conducting
honest, orderly and peaceful election. The law aids the vigilant and not
those who slumber on their rights.
While voter’s registration is a pre-election act, we cannot ask the
Comelec to do the impossible. The designation of other dates should be
premised on the capability of reasonable performance.
Kabataan Party List v. Comelec (2009)
One-liner: Comelec’s rule-making power should be exercised in
accordance with the prevailing law. The right of suffrage lies at the heart
of our constitutional democracy. The right of every Filipino to choose
the leaders who will lead the country and participate, to the fullest
extent possible, in every national and local election is so zealously
guarded by the fundamental law.
Facts:
The Comelec resolved to register voters from December 2, 2008 to
December 15, 2009 as the period of continuing voter registration using
the biometric process for the purpose of the May 10, 2010 national and
local elections. It is however resolved to adjust the deadline from
December 15, 2009 to October 31, 2009 to afford it more time to
prepare for the automated elections.
It was argued that based on the NSO date, the projected voting
population from age group 18024 is 12.5 million which could be
disenfranchised for failure to register. It encroaches on the legislative
power by amending Section 8 of RA 8189 to expand the prohibitive
period of registration. But Comelec argued that it is empowered to fix
other periods and dates for pre-election activities.
Issue:
Whether Comelec can cut short the registration and accordingly adjust
the deadline.
Held:
No. The clear text of the law decrees that voters be allowed to register
daily during regular office hours, except during the period starting 120
days before a regular election and 90 days before a special election. The
period outside the 120 day prohibition is sufficient for Comelec to
prepare for the elections. While Comelec has the rule-making, it must
be exercised in accordance with prevailing law. The power to fix other
periods can be used only if the activities cannot be reasonably held
within the period provided by law.
Q. What is the difference between the Akbayan and Kabataan
rulings?
In Akbayan, the petition was filed during the prohibited period and the
extension prayed for falls on the prohibitive period. In Kabataan, the
petition and the period prayed for were both outside of the 120 day
prohibitive period.
ELECTION LAWS l Atty. Ferdinand Gujilde l Notes by Tanya Ibanez
QUALIFICATIONS AND DISQUALIFICATIONS
REGISTRATION, QUALIFICATION, DISQUALIFICATION
Q. Who may register as a voter?
1. Filipino citizen not disqualified by law
2. At least 18 years old on or before election
3. Resident of the Philippines for at least 1 year immediately
preceding the elections
4. Resident of the place where he proposes to vote at least 6 months
immediately preceding the election
Q. Who are otherwise disqualified by law to register?
1. Sentenced by final judgment to suffer imprisonment of not less
than 1 year.
Unless:
A. Removed by plenary pardon or amnesty
B. 5 years have lapsed after service of sentence
2. Sentenced by final judgment for any crime involving disloyalty to
the government, such as rebellion, sedition, violation of firearms
law or any crime against national security.
Unless:
A. Restored to full civil & political rights in accordance with law
B. 5 years have lapsed after service of sentence
3. Insane or incompetent persons declared as such by competent
authority
Unless:
Subsequently declared by competent authority that such person
is no longer insane or incompetent
Q. What should the application for registration contain?
1. Name, surname and middle name
2. Date and place of birth
3. Citizenship
4. Civil status, if married, name of spouse
5. Periods of residence in the Philippines and in the place
6. Exact address
7. Statement that applicant possesses all qualifications of a voter
8. Statement that applicant is not a registered voter of another
precinct
9. Such information or date as may be required by the Commission
Residence
Romualdez v. RTC
Facts:
A natural-born Filipino constructed his house in a place where he
became its Punong barangay. When the regime of President Marcos was
about to end, he and his family fled the country and sought asylum in
the United States which was granted.
Five years later however, he received a letter from the US Immigration
and Naturalization Service that he should depart on or before a certain
date, otherwise he will be deported.
Thus, he was forced to leave even without any government document.
When he arrived in the country, he returned to his barangay and
registered as a voter. But it was sought to be excluded in the MTC on
the following grounds:
1. He is a resident of , practices his profession and works in the USA
2. He just arrived in the country
3. As such, he did not have the 1 year residency in the country and
6-month residency in the place where her registered.
4|U N I V E R S I T Y O F S A N C A R L O S S L G
He argued that he has been a resident of the barangay and he never
abandoned it. The MTC denied the exclusion. On appeal to the RTC
however, it reversed the denial and ordered the exclusion. Hence, this
petition where he alleged that:
1. MTC and RTC have no jurisdiction because it was filed by one who
did not allege he was a registered voter of the place.
2. The RTC erred in deciding that he voluntarily left the country and
abandoned his residence.
Held:
While it is true that jurisdiction may be assailed any time, it is deemed
waived by the active participation where he even prayed that the
decision of the MTC be affirmed. Residence and domicile are
synonymous in election cases. Domicile imports not only intention to
reside in a fixed place but also personal presence in that place, coupled
with conduct indicative of such intention.
To acquire a new domicile of choice, the following requisites must
concur:
1. Residence or bodily presence in the new locality
2. Intention to remain there or animus manendi
3. Intention to abandon the old domicile or animus non revertendi
The purpose to remain must be for an indefinite period of time. The
change of residence must be voluntary.
The political situation brought by people power must have caused great
apprehension and serious concern over the safety of the family that
forced them to self-exile. Thus, their sudden departure from the country
cannot be deemed voluntary or abandonment of residence.
Pungutan v. Abubakar
It must be emphasized that the right to vote is a most precious political
right, as well as a bounden duty of every citizen, enabling and requiring
him to participate in the process of government so as to ensure that the
government can truly be said to derive its power solely from the consent
of the governed.
DE/REACTIVATION & CANCELLATION OF REGISTRATION
DEACTIVATION OF REGISTRATION
Q. What are the grounds for deactivation of registration?
1. Final judgment to suffer imprisonment for not less than 1 year
2. Final judgment for any crime involving disloyalty to the
government
3. Insane or incompetent persons declared as such by
competent authority
4. Failure to vote for 2 successive regular elections
5. Court order in exclusion proceedings
6. Loss of Filipino citizenship
7. Failure to validate
Q. What is the remedy for deactivation?
Reactivation.
CANCELATTION OF REGISTRATION
Q. What is the ground for cancellation of registration?
Death.
Q. How to establish death?
1. Certification by the LCR
2. Submission by the LCR a certified list of those who died during
the previous month to the election officer of the place where the
deceased is registered
ELECTION LAWS l Atty. Ferdinand Gujilde l Notes by Tanya Ibanez

TRANSFER OF REGISTRATION Any person whose (1) Any registered voter

Who can file application was (2) Representative of a
Q. What are the modes of transfer? disapproved or name was political party
removed. (3) Election officer
1. Change of residence to another city or municipality
 The registered voter may apply with the election officer of Where to file MTC MTC
his new residence.
Anytime, except: Anytime, except:
2. Change of address within the same city or municipality
 Immediately notify the election officer in writing (1) 105 days prior to the (1) 100 days prior to
When to regular election regular election
 If change of address involves change of precinct, the Board include or
shall transfer the registration and notify the voter of the new exclude (2) 75 prior to special (2) 65 days before
precinct. election special election

INCLUSION AND EXCLUSION PROCEEDINGS Time decided 15 days from filing 10 days from filing
What to attach Certificate of disapproval Proof of notice to the ERB
to the petition and proof of service and voter
EXCLUSION THROUGH INADVERTENCE OR REGISTERED WITH
Proof of service ERB ERB and challenged voter
AN ERRONEOUS OR MISPELLED NAME of petition

Q. What is the remedy in case of exclusion thru inadvertence or Challenge to right to register distinguished from inclusion and
registered with an erroneous or misspelled name? exclusion proceedings
Apply for exclusion or reinstatement and correction of entry. If denied
or not acted by the Election Registration Board, petition the Municipal
Challenge to right to register Inclusion and exclusion
Trial Court for entry or correction, as the case may be.
Administrative Judicial
Involves the right to register Involves the right to vote
ELECTION REGISTRATION BOARD

Q. Who compose the Election Registration Board? Pungutan v. Abubakar

1. Chair: Election Officer Any question involving suffrage is removed from the jurisdiction of the
2. Members: Comelec. However, exclusion of election returns from canvassing
A. Public school official most senior in rank pertains to the administrative jurisdiction of the Comelec.
B. Local Civil Registrar
Domino v. Comelec
Disqualification
Relationship within the fourth civil degree to each other and to any Facts:
incumbent elective official of the city or municipality The MTC excluded a voter in one place and transferred his registration
to another.
Powers:
A. Acts on all applications for registration, transfer, reactivation, Held:
correction of entry Exclusion merely removes a name from the voter’ list, it does not include
B. Deactivates registration transfer. It is summary in nature hence the rule of res judicata does not
C. Cancels registration apply. The subject matter of exclusion is removal from list whereas quo
D. Decides challenges on the right to register quarterly warranto involves expulsion from office. It does not preclude the
Comelec from inquiring into the residence and citizenship qualification
TN: The grounds on challenges on the right to register are not specified. of a candidate.
Who can challenge?
Any voter, candidate or representative of a registered political party. Pungutan v. Abubakar

INCLUSION AND EXCLUSION PROCEEDINGS Facts:

The Comelec excluded election returns on the ground that they are
Common rules for inclusion and exclusion proceedings and spurious and/or manufactured or no returns at all as these were
correction of names prepared through massive violence, terrorism and fraud.
A. Petition refers to one precinct, impleads the ERB
B. Any voter, candidate or party may intervene Voting was done by persons other than the registered voters while
C. Decision is based on evidence and not on stipulation of facts armed men went from one polling place to another, prepared the ballots
D. Heard and decided within 10 days from filing and dictated how the election returns should be returned.
E. Appeal is decided within 10 days from receipt
F. Not later than 15 days before election day It was argued that since the Comelec has no jurisdiction to decide the
G. Decision is final and executory right to vote, it cannot exclude election returns because it
H. If the question is whether the voter is real, non-appearance disenfranchises votes which is purely judicial.
on the day set for hearing is prima facie evidence that the
voter is fictitious. Held:
It is true that inclusion or exclusion from the list of voters is a purely
Inclusion Exclusion judicial power to the exclusion of the Comelec. But to determine whether
an election was held is purely within the administrative jurisdiction of
(1) Disapproval of
the Comelec. The disenfranchisement is only provisional, subject to the
application for
final determination of the validity of votes in an election protest.
Grounds registration by the ERB Not specified

(2) Removal of name

from list of voters.

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ELECTION LAWS l Atty. Ferdinand Gujilde l Notes by Tanya Ibanez
NATURE OF VOTER’S REGISTRATION RECORDS
Confidentiality of voter’s registration records
Section 41 Continuing Registration Act
 Open to public examination during regular office hours
 Legitimate inquiries on election-related matters
 Law enforcement agencies
 Upon prior authority and subject to regulations by the Commission
 Access registration records necessary or in aid of their investigative
functions
Database security
Section 9 RA 1037
 Not used under any circumstance except for electoral exercises
Minute Res. No. 13-1132, October 17, 2013
Acts on the request of the BSP
For use in application for tax identification numbers in connection with
consolidation of titles to properties acquired by BSP
Office of the President
Notice to former employees with unliquidated cash advances
Request for voter’s registration record may be granted only if done by:
1. The voter or his/her authorized representative
2. Court order (exclusively in electoral cases pending before it)
ANNULMENT OF LIST OF VOTERS
Q. What are the grounds for annulment of list of voters?
1. Not prepared in accordance with the provisions of the
Continuing Registration Act
2. Prepared through fraud, bribery, forgery, impersonation,
intimidation, force or any similar irregularity
3. Contains statistically improbable date
Q. Who annuls?
The Commission upon verified petition by:
1. Any voter
2. Election officer
3. Duly registered political party
Q. What is the limitation on annulment of list of voters?
No ruling, order or decision annulling the book of voters shall be
executed within 90 days before an election.
Ututalum v. Comelec
Facts:
In a special election for district representative, there were 39,801
registered voters in one municipality. One candidate obtained 482 votes
while the other got 35,581 votes. During canvassing, he objected to the
returns of that municipality on the ground that they appeared to be
tampered with or falsified owing to the great excess of votes.
In that municipality, there were only 42 polling places, which if multiplied
by 300 results in 12,600 voters only, way below the 36,663 who cast
their votes, or a difference of 23,947 ghost voters.
In his petition however, he admitted that there was an error because
the municipality had 148 polling places. But he said that if the returns
from the municipality are excluded, he will win by 5,301 votes. But the
objections were denied for being filed out of time.
The other candidate was proclaimed. He then petitioned to annul the
proclamation and prayed for his proclamation. While these were pending
however, a candidate for governor petitioned to annul the list of voters
of the municipality. It was opposed by the proclaimed congressional
candidate.
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The Comelec annulled the list of voters on the ground of massive
irregularities committed in its preparation and for being statistically
improbable.
Another list was prepared yielding only 12,555 names. He then filed a
supplemental pleading to entreat the annulment in his pending petitions
to annul proclamation of the other candidate and for his proclamation.
But the Comelec dismissed it on the ground that while there may be
padding of the list of voters, it cannot annul the elections otherwise it
disenfranchises the good or valid votes. Padding of voter’s list, like fraud
and terrorism, is not a proper issue to be raised in a pre-proclamation
controversy, but in an election protest.
He now contends that the issue he raised refers to obviously
manufactured returns, hence a proper pre-proclamation issue. Comelec
held that the election returns in the municipality should be excluded in
the canvass because the list of voters has been finally annulled. There
is no need to re-litigate in an election protest the matter of annulment
because it is already a “fait accompli”.
Held:
There is no great excess of votes since only 36,000 voted out of 39,000
registered voters. The Lagumbay case heavily relied on by petitioner
deals with the preparation of manufactured returns while this case deals
with the preparation of the list of voters, a matter which is not reflected
in the face of the election returns.
Padding of list of voters is not a proper ground in a pre-proclamation
controversy. The new list of voters cannot be applied to determine the
number of votes in a previous election. The Comelec is not empowered
to annul a previous election on the basis of a subsequent annulment of
voter’s list. It has no retroactive effect.
Bashier v. Comelec
The subsequent annulment of a voter’s list in a separate proceedings
where the protagonists are not parties, cannot retroactively and without
due process annul the previous election.
Ututalum v. Comelec
The voter’s list in the previous elections is valid and unquestioned prior
to and on the day of election. It was the only legitimate roster used as
basis for voting. In the absence of prior petition to set it aside, it is
considered conclusive evidence of persons who could vote in that
particular election.
Since the winning candidate was already proclaimed, the pre-
proclamation case dies, the next remedy is an election protest before a
proper forum, which is the House of Representatives Electoral Tribunal.
Sarangani v. Comelec
Facts:
Way back in the 1950s and during the martial law era, the dead, the
birds and he bees voted in Lanao. Several precincts and their books of
votes were sought to be annulled on the ground that they contained
ghost voters. It was opposed by the incumbent mayor and the 23
Punong barangays on the ground that the move is merely intended to
diminish bailiwicks.
The Comelec investigated and found that:
1. The supposed barangay Padian Tarogan does not exist
2. The area has only two structures, one a concrete house
without a roof and the other a wooden structure without walls
and roof.
3. The name Padian Tarogan means a cemetery and not a
residential place
4. When the people around the area were asked who among
them is registered in Padian, none of them answered in the
affirmative
5. Based on this report, the Comelec ruled that Padian is a ghost
precinct and should be excluded in the special election.
ELECTION LAWS l Atty. Ferdinand Gujilde l Notes by Tanya Ibanez

Held:
It is erroneous for Comelec to rule that Padian is a ghost precinct
because it is a barangay which should have at least one precinct. But
since it is a factual matter to be determined by Comelec in the exercise
of its administrative power, the Court refuses to review.

It is not impossible for a barangay not to have actual inhabitants

because people migrate. A barangay may officially exist on record and
the fact that nobody resides there does not result in its automatic
cessation as a unit of local government.

Under the LGC, abolition of a LGU may be done by Congress if it involves

a province, city or municipality. If it involves a barangay, it may be done
by the Panglungsod concerned subject to plebiscite, except in Metro
Manila and cultural communities.

The findings of the Comelec being an administrative agency, cannot be

reversed on appeal on certiorari especially when no significant facts and
circumstances are shown to have been overlooked or disregarded which
when considered would have substantially affected the outcome of the
case.

No voter is disenfranchised because no such voter exists. Suffrage is not

tampered with when a list of fictitious voters is excluded from election.
Suffrage is conferred by the Constitution only on citizens who are
qualified to vote and who are not otherwise disqualified by law.

The exclusion of non-existent voters all the more protects the validity
and credibility of the electoral process as well as suffrage because the
sovereign will is not rendered nugatory by the inclusion of some good
voters.

7|U N I V E R S I T Y O F S A N C A R L O S S L G
ELECTION LAWS l Atty. Ferdinand Gujilde l Notes by Tanya Ibanez
PART III. THE COMMISSION ON ELECTIONS
COMPOSITION, QUALIFICATIONS, TERM OF OFFICE
COMPOSITION, QUALIFICATIONS AND TERM OF OFFICE
Q. Who compose the Comelec?
7 Commissioners all in all.
1. 1 Chair
2. 6 Commissioners
TN: The Commission on Human Rights is not a constitutional body. It is a national
Commission. There are only 3 Constitutional bodies – Comelec, COA and CSC.
Q. What are their qualifications?
They should possess these qualifications at the time of appointment.
1. Natural-born citizens
2. At least 35 years old
3. Holders of college degree
4. Not a candidate for any elective position in the immediately
preceding elections
5. Majority (including the Chair) must be lawyers engaged in the
practice of law for at least 10 years
TN: This is because the Commission performs quasi-judicial functions.
Q. What is the practice of law?
Cayetano v. Monsod
It means any activity, in and out of court, which requires the application
of law, legal procedure, knowledge, training and experience. Thus, a
lawyer-economist, lawyer-manager, lawyer-entrepreneur, lawyer-
negotiator of contracts, lawyer-legislator for the rich and poor satisfy
the requirement.
Q. Who appoints them and for how long?
The President, with the consent of the Commission on Appointments,
for a term of 7 years without reappointment.
Q. Can any member be appointed or designated in an acting
capacity?
Brillantes v. Yorac
No. It has to be a permanent appointment otherwise, it violates security
of tenure which is one of the constitutional safeguards of Comelec
independence.
TN: What the SC was trying to void if the appointment is merely temporarily, the
appointee will be at the mercy of the President because the President can always
take it back.
Q. How is its independence safeguarded?
A. Described as independent
B. Salary is fixed by law and cannot be decreased
C. They appoint their officials and employees, subject to the
concurrence and approval of the CSC
D. Enjoy fiscal autonomy. There is automatic appropriation.
E. It promulgates its own rules concerning pleadings and practice
before it (quasi-legislative powers of the Commission)
DISABILITIES, INHIBITIONS AND DISQUALIFICATIONS
During tenure, its members are not allowed to:
A. Hold any other office or employment
B. Engage in the practice of any profession
C. Actively manage or control any business which in any way be
affected by the functions of his office
D. Be financially interested, directly or indirectly in any contract with,
or in any franchise or privilege granted by the government or any
of its instrumentalities including GOCCs and its subsidiaries.
TN: Its decisions, finals orders or rulings on election contests involving elective
municipal and barangay offices shall be final, executory, and not appealable.
8|U N I V E R S I T Y O F S A N C A R L O S S L G
POWERS AND FUNCTIONS
POWERS OF THE COMELEC
Q. What are the constitutional powers and functions of the
Commission?
A. It enforces and administers all laws and regulations relative to the
conduct of election, plebiscite, initiative, referendum and recall.
B. It exercises exclusive original jurisdiction over all contests relating
to the election, returns, and qualifications of all elective, regional,
provincial and city officials.
C. It exercises appellate jurisdiction over all contests involving
elective municipal officials decided by the RTC or involving
elective barangay officials decided by the MTC.
D. Decides, except those involving the right to vote, all questions
affecting elections, including the number and location of polling
places, appointment of election officials and inspectors, and
registration of voters.
TN: In cases involving the right to vote – pertains to the MTC or RTC in
inclusion or exclusion proceedings (judicial in nature). If the case is to
challenge the right to register – the Election Registration Board
(Administrative)
E. Its decisions, final orders or rulings on election contests involving
elective municipal and barangay officials shall be final, executory
and not appealable.
TN: Only when questions of facts are concerned. For questions of law, still
subject to judicial review
F. It deputizes, with the concurrence of the President, law
enforcement agencies and instrumentalities of the Government,
including the Armed Forces of the Philippines, for the exclusive
purpose of ensuring free, orderly, honest, peaceful and credible
elections.
G. It registers political parties, organizations or coalitions.
H. It accredits citizen’s arms.
I. It files, upon verified complaint, or on its own initiative, petitions
in court for inclusion or exclusion of voters.
J. It investigates and prosecutes election offenses.
K. It recommends to Congress effective measures to minimize
election spending, including limitation of places where
propaganda materials shall be posted, and to prevent and
penalize all forms of election frauds, offenses, malpractices, and
nuisance candidates.
L. It recommends to the President the removal of any officer or
employer it has deputized, or the imposition of any other
disciplinary action, for violation or disregard of, or disobedience
to its directive, order, or decision.
M. It reports to the President and the Congress a comprehensive
report on the conduct of each election, plebiscite, initiative,
referendum, or recall.
TN: The Commission does not follow the hierarchy of Courts.
Q. How are the constitutional powers and functions of the
Comelec classified?
A. Administrative or executive
B. Adjudicatory or quasi-judicial
C. Quasi-legislative
D. Ministerial –
ELECTION LAWS l Atty. Ferdinand Gujilde l Notes by Tanya Ibanez

Examples: B. Widely perceived to have committed terrorism, fraud or other

1. When there is already a law set in forth a plebiscite, the election irregularities
Comelec as part of its ministerial function issues a resolution C. Threaten or tend to disrupt the holding of a free, peaceful,
laying down the guidelines for the conduct of plebiscite. honest, orderly and credible elections.
2. Acceptance of COCs, provided it complies with the prescribed
form Q. What areas may be covered by control?
Any political division, subdivision, unit or area. It presupposes a smaller
Q. What are the administrative and quasi-judicial powers and cluster or area.
functions?
Article IX (C), Section 2 pars 1,3-9 are administrative while par 2 is Q. What are the implications of Comelec control?
quasi-judicial. A. Immediate and direct control and supervision over all national and
Importance of knowing the difference:
local officials and employees required by law to perform duties
To know where to go – en banc or division. Quasi-judicial functions must pass and/or comply with prohibitions relative to the conduct of
before the division first before the en banc assumes jurisdiction. Violation results elections in the area.
in dismissal of the case. B. Exercise full control and supervision over all national and local law
enforcement agencies as well as military officers and men
Filipinos Engineering v. Ferrer assigned or deployed in the area.
A resolution awarding the contract in favor or one bidder is not issued
TN: The placement of a locality under Comelec control is a last resort. You don’t
pursuant to its quasi-judicial functions but merely as an incident of its just do that whimsically because it is an added burden on the part of the Comelec.
inherent administrative functions over the conduct of elections. As such,
it does not fall under the final order contemplated by law as reviewable SPECIAL TASK FORCE
by the Supreme Court on certiorari. Since it is non-judicial in character,
the Commission cannot issue its contumacy (to cite in contempt) power. Q. Who enforces Comelec control?
Thus, any question arising from it may be well taken in an ordinary civil Special Task Force, composed by:
action before the trial courts. A. Head – Commissioner
B. Members – Regional Election Director concerned, highest ranking
TN: The Commission cannot exercise its power to cite you in contempt if it merely PNP official in the area, highest ranking AFP official in the area
exercises it administrative functions. It can only be done when the Commission
exercises quasi-judicial functions.
C. Additional members – lawyers of the Commission at the discretion
of the Head or if exigency requires
ADMINISTRATIVE POWERS
Q. What are the powers of the Special Task Force?
Q. What are the administrative powers of Comelec? A. Supervise and control administration and transactions of the local
1. Power to enforce and administer election laws government unit to enforce strict compliance with election bans
2. Power to conduct plebiscite, initiative, referendum and recall and prohibitions like:
3. Power to decide all questions affecting elections  Disbursement of public funds
4. Power to deputize other government agencies  Construction of public works
5. Recommendatory power  Movement of government personnel
6. Power to register political parties and party-list
B. Oversee distribution, assignment and deployment of PNP and AFP
7. Power to supervise or regulate franchises and transportation
officers and personnel and control their activities relative to the
8. Power to investigate and prosecute
strict enforcement of:
 Gun ban
ADMINISTER AND ENFORCE ALL ELECTION LAWS  Security personnel of candidates and citizens
C. Augment police force
EXTENT OF POWER TO ENFORCE AND ADMINISTER
D. Substitute whole unit of police force
Q. What is the extent of the administrative power to enforce E. Relieve any police or military officer
and administer all election laws? F. Revoke exemptions from gun ban and all permits to carry firearms
G. Act as law enforcement body of the Commission
Loong v. Comelec H. Adopt appropriate measures to safeguard elections
It is so broad it includes all the necessary and incidental powers to hold I. Submit periodic reports
a free, orderly, honest, peaceful and credible elections. Thus, even if
manual count is not expressly authorized under the automation law, it Q. For how long does Comelec control lasts?
may still be done if the counting machines could not accurately count Until the end of the election period, unless sooner lifted by the
the votes due to misalignment of ovals and incorrect sequence code. Commission.
TN: When the Commission exercises administrative functions, it almost always
deals with questions of fact – cannot be disturbed by the Courts because it is in
Q. Does the power to administer cover elections only?
the best position to decide questions of facts. No, it also includes the conduct plebiscite, initiative, referendum and
recall.
Taule v. Santos
But it covers only popular elections, not election of federation officers. CONDUCT PLEBSICITE, INITIATIVE, REFERENDUM, RECALL
Comelec’s participation in these kinds of elections is limited only to being
supervisory. PLEBISCITE
Q. What is plebiscite?
Q. Does it include the power to place areas under Comelec
It is the electoral process by which an initiative on the Constitution is
control and on what ground?
approved or rejected by the people.
Yes, on the ground of serious armed threats.
INITIATIVE
Q. What are serious armed threats?
A. Presence of paramilitary forces, private armies, or identifiable Q. What is the people’s initiative?
armed bands It refers to the power of the people to directly propose amendments to
the Constitution upon a petition of at least 12% of the total number of

9|U N I V E R S I T Y O F S A N C A R L O S S L G
ELECTION LAWS l Atty. Ferdinand Gujilde l Notes by Tanya Ibanez

registered voters, of which every legislative district must be represented Q. Is the enabling law sufficient to govern the people’s
by at least 3% of its registered voters. initiative?

Conditions: Santiago v. Comelec

A. It is subject to ratification No. It is incomplete, inadequate or wanting in essential terms and
B. It is subject to an enabling law passed by Congress conditions to cover the system of initiative to amend the Constitution.
C. It cannot be exercised within 5 years from ratification
D. Nor oftener than once every 5 years thereafter Lambino v. Comelec
E. It is limited to amendments only But since the petition is in itself void for failure to comply with the basic
F. Must be directly proposed by at least 12% of the total number of constitutional requirements on the conduct and scope of the people’s
registered voters nationwide initiative to amend the constitution, there is no need to revisit the
G. Every legislative district must be represented by at least 3% of its Santiago ruling.
registered voters.
On motion for reconsideration however, the Supreme Court reversed its
Q. What is the form of petition? previous ruling and said RA 6735 is after all, a sufficient enabling law to
A. It is written implement the people’s initiative.
B. In a form to be determined by Comelec
C. It must contain the entire proposal on its face or attached to it. Q. What is revision?
If so, it must state the fact of its attachment It broadly implies a change that alters a basic principle in the
D. The people must author and sign the entire proposal Constitution like the principle of separation of powers, as when the
E. No agent or representative can sign on their behalf Office of the President as the locus of executive power is abolished
F. Prior to signing, the person must have examined the entire alone, or the system of checks and balances, as when one chamber of
proposal Congress is abolished alone.
G. Its nature and effect are explained
Where the proposed change applies only to a specific provision of the
Q. What are the implications of the proposed amendment? Constitution without affecting any other section or article, it may
1. The term limits on members of the legislature will be lifted and generally be considered an amendment and not a revision, as when it
thus members of Parliament can be re-elected indefinitely. merely reduces the voting age from 18 to 15, Filipino ownership of mass
2. The interim Parliament can continue to function indefinitely until media companies from 100% to 60%.
its members, who are almost all the present members of
Congress, decide to call for new parliamentary elections. Thus, Q. What is the difference between amendment and revision?
the members of the interim Parliament will determine the
expiration of their own term of office. Revision Amendment
3. Within 45 days from the ratification of the proposed changes, Generally affects only the specific
the interim Parliament shall convene to propose further Generally affects several provision being amended.
amendments or revisions to the Constitution. provisions of the Constitution Envisages an alteration of one or
a few specific and separable
provisions.
Lambino v. Comelec
The guiding original intention and
GMA became President as successor to Erap for 3 years. She also won plan contemplates a re- The guiding original intention of is
against FPG and served for 6 more years. Fearing that she may be examination of the entire to improve specific parts or to add
prosecuted for the many cases filed against her after her term ends, she document, or of provisions of the new provisions deemed necessary
moved for a charter change to remove the one term limit rule. document which have over-all to meet new conditions or to
implications for the entire suppress specific portions that
Under the rules, it must contain the entire proposal on its face or document, to determine how and may have become obsolete or
attached to it. If so, it must state the fact of its attachment. In this case, to what extent they should be that are judged to be dangerous
they merely provided a summary of the proposal. altered.

Held: The proposed transitory provision is unrelated to the shift from
bicameral-presidential to unicameral-parliamentary form of government.
This is logrolling. It happens when a petition incorporates an unrelated
subject matter in the same petition. Violates the right of the people to
be informed.
Examples of revision:
1. A switch from the presidential system to a parliamentary system
would be a revision because of its over-all impact on the entire
constitutional structure.

Q. Is there an enabling law for the people’s initiative?
Yes, the Initiative and Referendum Act enacted on August 4, 1989. It
defines initiative as the power of the people to propose amendments to
the Constitution or to propose and enact legislations.
It likewise enumerates three system of initiative:
2. A switch from a bicameral system to a unicameral system because
of its effect on other important provisions of the Constitution.
Q. What are the tests to determine whether it is a revision or
amendment?
The quantitative and qualitative test.

A. Initiative on the Constitution – petition proposing amendments Quantitative test Qualitative test
to the Constitution Whether the proposed change is
so extensive in its provisions as to
B. Initiative on statutes – petition proposing to enact a national
change directly the substantial Whether the proposed change has
legislation
entirety of the constitution by the far reaching implications.
C. Initiative on local legislation – petition to enact a regional, deletion or alteration of numerous
provincial, city, municipal or barangay law, ordinance or existing provisions.
resolution Examines the number of Examines the degree of change,
provisions affected and not the whether it alters the structure of
degree of change government

10 | U N I V E R S I T Y O F S A N C A R L O S S L G
ELECTION LAWS l Atty. Ferdinand Gujilde l Notes by Tanya Ibanez
Lambino v. Comelec
Under the quantitative and qualitative tests, the Lambino petition is not
merely an amendment but a revision.
A. Quantitatively – it changes two Articles. (Article 6 on Legislative
and Article 7 on the Executive = 105 provisions)
B. Qualitatively – it alters the structure of government (from
Presidential to Parliamentary; from bicameral to unicameral)
TN: But, there is no fixed rule on whether a change is an amendment or a revision.
REFERENDUM
Q. What is referendum?
It is the power of the electorate to approve or reject a legislation through
an election called for the purpose. The Congress refers the legislation to
the people for approval. It has two classes:
A. Referendum on statutes
B. Referendum on local law
RECALL
Q. What is recall?
A. It is a mode of removal of an elective public officer by the people
before the end of term of office.
B. It is an incident of the people’s sovereign power.
C. It is indispensable for the proper administration of public affairs.
Q. Who exercises the power of recall?
Registered voters of a local government unit to which the local elective
official subject of the recall belongs.
Q. On what grounds?
Loss of confidence.
Q. How is it exercised?
Initiated upon petition of at least 25% of the total number of registered
voters in the local government unit concerned during the election in
which the local official sought to be recalled was elected.
A. Written petition for recall duly signed before the election officer
or his or her representative.
B. Publication by Comelec of the petition for the purpose of verifying
the authenticity and genuineness of the petition and the required
percentage of voters.
C. Announcement of acceptance of candidates to the position.
Q. When is recall effective?
Election and proclamation of the winner.
Q. What are its implications to the official sought to be recalled?
A. If he or she wins the recall, confidence is affirmed.
B. If he or she loses the recall, confidence is truly lost.
Q. What are the prohibitions against the elective local official
sought to be recalled?
A. He or she cannot resign
B. As a matter of fact, he or she is automatically considered a
candidate
Q. What are the limitations on recall?
A. Only once during the term of office for loss of confidence
B. No recall within one year from assumption to office
C. No recall within one year prior to the next regular election
Q. Why is there a 25% minimum?
Angobung v. Comelec
To ensure that a recall election is not held in response to a small and
unrepresentative minority. Thus, a recall petition initiated and signed by
one person only and setting another date for others to follow is not
11 | U N I V E R S I T Y O F S A N C A R L O S S L G
allowed. Otherwise, it invites the public to sign something they did not
think about in the first place. It circumvents the explicit requirement of
25% of the total number of registered voters.
Q. Is it necessary that 25% of the total number of registered
voters sign the petition at the time it is filed?
A. If it is a mere initiation, it must contain the names of 25% of the
total number of registered voters
B. If it is filing, 25% of the total number of registered voters must
personally appear and sign the petition before the election officer
or his or her representative.
Q. Is it practicable?
No. Thus, the Comelec resolved to dispense with the personal
appearance and signing. It required that at the time of filing, 25% must
sign the petition.
DECIDE ALL QUESTIONS AFFECTING ELECTIONS
POWER TO DECIDE ALL QUESTIONS AFFECTING ELECTIONS
General rule: All questions affecting elections, including the number
and location of polling places, appointment of election officials and
inspectors, and registration of voters.
Except: Suffrage or the right to vote
Domino v. Comelec
But it can still inquire whether a candidate is a resident despite a court
ruling in exclusion proceedings that he is.
Pungutan v. Abubakar
It can also exclude spurious election returns because by doing so, it does
not nullify the votes per se but the spurious document that embodies
them. Thus, exclusion of election returns does not amount to denial of
the right to vote.
Montejo v. Comelec
It has no power to apportion legislative districts. A province was created
resulting in unequal distribution of inhabitants. The Comelec transferred
a municipality from one district to another on the ground that Section of
the Ordinance appended to the Constitution authorizes it to make minor
adjustments in redistricting.
The Comelec is without jurisdiction to apportion legislative districts and
the phrase “minor adjustments” refers to the instance where a
municipality was omitted in the enumeration of those composing the
legislative district.
Sarmiento v. Comelec
If it involves pre-proclamation controversies, the Commission en banc
cannot acquire jurisdiction unless it is brought to it on motion for
reconsideration from the decision of a decision.
But upon the start of term of office, cases involving pre-proclamation
controversies are deemed terminated. Without prejudice to the filing of
appropriate election protest cases.
Q. What does “all questions affecting” mean?
The word “affecting” does not refer to “any and all” questions. It is not
construed to divest the Supreme Court of jurisdiction.
DEPUTIZE OTHER GOVERNMENT AGENCIES
POWER TO DEPUTIZE OTHER GOVERNMENT AGENCIES
Q. Who or which can be deputized?
Law enforcement agencies and instrumentalities of the Government,
including the Armed Forces of the Philippines.
Q. For what purpose?
Exclusive purpose of ensuring free, orderly, honest, peaceful and
credible elections.
ELECTION LAWS l Atty. Ferdinand Gujilde l Notes by Tanya Ibanez
Q. How does the President concur?
It was expressed in general terms and in advance in EO No. 134 dated
February 27, 1987.
Q. What is the purpose of deputation to investigate and
prosecute?
People v. Basilla
Lack of manpower. The prompt and fair investigation and prosecution
of election offenses committed before or in the course of nationwide
elections would simply not be possible, unless, perhaps, it had a
bureaucracy many times larger than what it actually has.
Q. What is the extent of deputation?
The deputies become alter egos of the Commission. They are subject to
its authority, control and supervision in respect of the particular
functions covered by such deputation.
The acts of such deputies within the lawful scope of their delegated
authority are, in legal contemplation, the acts of the Commission itself.
Q. What is the limit on deputation?
It cannot suspend or remove the deputy from his or her original position.
It can only recommend.
Q. What is covered by the power to recommend and to whom?
It may recommend to Congress measures:
1. Minimize election spending
2. Limitation of common poster areas
3. Prevention of and penalty for all forms of election fraud,
offenses, malpractices and nuisance candidates
It may recommend to the President:
1. Removal or suspension of its deputies
2. For violation, disregard or disobedience to its directive, order
or decision
Q. What must be done prior to recommendation?
It must first satisfy itself that indeed there has been an infraction of the
law or its allied directives by the person administratively charged.
Thus, it may take cognizance of an administrative case involving
performance of duties of a city prosecutor as a deputized canvasser.
Tan v. Comelec
It relates to the performance of his duties as canvasser and not as
prosecutor.
Diocese of Bacolod
In disallowing oversized tarpaulins in private property, the Commission
cannot invoke its power to recommend because it pertains to candidates
only.
REGISTER POLITICAL PARTIES AND PARTY-LIST
POWER TO REGISTER POLITICAL PARTIES AND PARTY-LIST
Q. What is a political party?
It refers to an organized group of citizens advocating an ideology or
platform, principles and policies for the general conduct of government
and which, as the most immediate means of securing their adoption,
regularly nominates and supports certain of its leaders and members as
candidates for public office.
A. National party – constituency is spread over the geographical
territory of at least a majority of the regions.
B. Regional – constituency is spread over the geographical territory
of at least a majority of the cities and provinces comprising the
region.
12 | U N I V E R S I T Y O F S A N C A R L O S S L G
Groups that cannot be registered as political party:
A. Religious denominations and sects
B. Those which seek to achieve their goals through violence or
unlawful means
C. Those which refuse to uphold and adhere to the Constitution
D. Those which are supported by any foreign government
Santos v. Comelec
But the power to determine the identity of a political party or whether it
is separate and distinct from another party is exclusive unless gravely
abused.
Q. Why is foreign support prohibited?
It constitutes interference in national affairs. Thus, financial
contributions from foreign governments and their agencies to political
parties, organizations, coalitions, or candidates related to elections are
prohibited.
Q. What happens if it is accepted?
It constitutes additional ground for the cancellation of their registration
with the Commission, in addition to other penalties that may be
prescribed by law.
Groups that cannot be registered as party-list
1. A religious sect or denomination, organization or association
organized for religious purposes
2. Advocates violence or unlawful means to seek its goal
3. A foreign party or organization
4. Receiving support from any foreign government, foreign political
party, foundation, organization, whether directly or through any of
its officers or members or indirectly through third parties for
partisan election purposes
5. Violates or fails to comply with laws, rules, or regulations relating
to elections
6. Declares untruthful statements in its petition
7. Has ceased to exist for at least 1 year, or it fails to participate in
the last 2 preceding elections or fails to obtain at least 2 per centum
of the votes cast under the party-list system in the 2 preceding
elections for the constituency in which it has registered.
SUPERVISE OR REGULATE FRANCHISES AND TRANSPO
POWER TO SUPERVISE OR REGULATE FRANCHISES
Q. What is the coverage of the supervisory and regulatory
powers?
It covers enjoyment or utilization of all franchises or permits for the
operation of transportation and other public utilities, media of
communication or information, all grants, special privileges, or
concessions granted by the Government or any of its subdivision, agency
or instrumentality, including any GOCC or its subsidiary.
Adiong case, cited in 1-UTAK
Such supervisory power does not extend to the very freedom of an
individual to express his or her preference of candidates in an election
by placing election campaign stickers on his or her vehicle.
1-UTAK
The Constitution merely grants the Commission power to supervise the
employment and utilization of all franchises and permits of public
utilities. It does not extend to the ownership per se of PUVs and
transport terminals but only to the franchise or permit to operate them.
The posting of campaign materials on PUVs and terminals is not only a
form of political expression but an act of ownership.
Q. What is the limit to these powers?
To ensure equal opportunity, time and space, and the right to reply,
including reasonable, equal rates for it, for public information campaigns
and forums among candidates in connection with the objective of
holding free, orderly, peaceful and credible elections.
ELECTION LAWS l Atty. Ferdinand Gujilde l Notes by Tanya Ibanez
Q. What is an election survey?
It refers to the measurement of opinions and perceptions of the voters
as regards a candidate’s popularity, qualifications, platforms or a matter
of public discussion in relation to the election, including voters’
preference for candidates or publicly discussed issues during the
campaign period.
Q. Can election surveys be published?
SWS v. Comelec
Facts: The Comelec prohibited the publication of election surveys
affecting national and local candidates 15 and 7 days before an election
period, respectively.
Held:
It is unconstitutional because:
1. It imposes a prior restraint on the freedom of expression
2. It is a direct and total suppression of a category of expression
even though such suppression is only for a limited period
3. The governmental interest sought to be promoted can be
achieved by means other than the suppression of freedom of
expression.
Q. What about newspaper columns and commentaries about
candidates?
NPC v. Comelec
The prohibition against political advertisements for newspapers, radio
broadcasting or television station and other mass media does not restrict
reporting of news and news events relating to candidates, their
qualifications, political parties and their platforms of government. It does
not cover commentaries, expressions of belief or opinion for as long as
they are not in fact advertisements for candidates secretly paid for.
Q. Are members of the media allowed to run for public office?
Sanidad v. Comelec
No. Any mass media columnist, commentator, announcer or personality
who is a candidate for any elective public office is required to take a
leave of absence from his or her work as such during the campaign
period. It is to prevent the possibility that a franchise holder may favor
or give any undue advantage to a candidate in terms of advertising
space or radio or television time. The columnist or commentator who is
also a candidate would be more exposed to the voters to the prejudice
of other candidates unless required to take a leave of absence.
Q. Are members of the media allowed to campaign for or
against a plebiscite?
Sanidad v. Comelec
Facts:
Comelec resolved that no mass media columnist, commentator,
announcer or personality shall use his or her column or radio or
television time to campaign for or against the plebiscite issues.
Petitioner contends that it violates constitutional guarantees of the
freedom of expression and of the press. Unlike a regular news reporter
or news correspondent who merely reports the news, a columnist
obviously and necessarily writes his or her opinions, views and beliefs
on any issue or subject. It thus constitutes prior restraint on the
constitutionally-guaranteed freedom of the press and further imposes
subsequent punishment for those who may violate it because it contains
a penal provision.
Comelec contents that it is a valid implementation of its power to
supervise and regulate media during election or plebiscite period. It does
not absolutely bar petition from expressing his views and/or from
campaigning for or against the Organic Act. He may still express his
views or campaign for or against the act through the Comelec space and
airtime.
13 | U N I V E R S I T Y O F S A N C A R L O S S L G
Held:
It is unconstitutional. What was granted to the Comelec was the power
to supervise and regulate the use and enjoyment of franchises, permits
or other grants issued for the operation of media of communication or
information. It does not include the right to supervise and regulate the
exercise by media practitioners themselves of their right to expression
during plebiscite periods. Media practitioners exercising their freedom of
expression during plebiscite periods are neither the franchise holders
nor the candidates. In fact, there are not candidates involved in a
plebiscite.
Q. What is exit poll?
It is a species of electoral survey conducted by qualified individuals or
groups of individuals to determine the probable result of an election by
confidentially asking randomly selected voters whom they have voted
for, immediately after they have officially cast their ballots.
Q. Is it allowed?
No law prohibits the holding and reporting of exit polls. To ban it
absolutely will violate the freedom of expression, speech and of the
press.
But it was argued that it should not be allowed, otherwise it violates the
sanctity and secrecy of the ballot, conditions the public mind and
confuses who won and lost in the elections.
These are purely speculative.
First, by the very nature of a survey, the interviewees or participants are
selected at random, so that the results will as much as possible be
representative or reflective of the general sentiment or view of the
community or group polled.
Second, the survey result is not meant to replace or be at par with the
official Comelec count. It consists merely of the opinion of the polling
group as to who the electorate in general has probably voted for, based
on the limited date gathered from polled individuals.
Finally, not at stake here are the credibility and the integrity of the
elections, which are exercises that are separate and independent from
the exit polls.
The holding and the reporting of the results of exit polls cannot
undermine those of the elections, since the former is only part of the
latter. If at all, the outcome of one can only be indicative of the other.
Q. So is it allowed?
ABS-CBN v. Comelec
It is not prohibited, but may be regulated.
A. A specific limited area for conducting exit polls may be designated
B. Only professional survey groups may be allowed to conduct the
same
C. Pollsters may be kept at a reasonable distance from the voting
center.
D. They may be required to explain to voters that they may refuse
to be interviewed, and that the interview is not part of the official
balloting process
E. The pollsters may further be required to wear distinctive clothing
that would show they are not election officials
F. They may be required to undertake an information campaign on
the nature of the exercise and the results to be obtained
G. These measures, together with a general prohibition of disruptive
behaviour, could ensure a clean, safe and orderly election.
Q. Does it not violate ballot secrecy?
ABS-CBN v. Comelec
In exit polls, the contents of the official ballot are not actually exposed.
The revelation of whom an elector has voted for is not compulsory, but
voluntary. Voters may also choose not to reveal their identities.
ELECTION LAWS l Atty. Ferdinand Gujilde l Notes by Tanya Ibanez
INVESTIGATE AND PROSECUTE
POWER TO INVESTIGATE AND PROSECUTE
Q. What covers this power?
It includes cases of violations of election laws, including acts or
omissions constituting election frauds, offenses and malpractices.
Q. Is it exclusive?
A. OEC – Comelec has the exclusive power to investigate and
prosecute election offenses. But it may avail of the assistance of
prosecuting arms of the government.
B. RA 9369 – Comelec and the prosecuting arms of the government
have concurrent jurisdiction to investigate and prosecute election
offenses.
Power to investigate and prosecute does not include the duty
to gather evidence
Kilosbayan v. Comelec
Facts:
A letter-complaint was filed before the Comelec alleging use of
government funds for election purposes. The evidence attached were a
newspaper column, transcripts of testimony in Congress hearings and
an affidavit. It was dismissed for insufficiency of evidence, for being
plain conjectures and hearsay. But it was argued that it is incumbent
upon the Comelec to gather evidence as part of its constitutional duty
to investigate and prosecute election offenses.
Held:
The power to investigate and prosecute does not include the physical
searching and gathering of proof in support of a complaint for an alleged
commission of an election offense. A complainant, who in effect accuses
another person of having committed an act constituting an election
offense, has the burden, as it is his responsibility, to follow through his
accusation and prove his complaint.
The claim that the complainant is a mere informant and not the private
complainant with the burden of proof is ridiculous.
The power to investigate and prosecute election offenses is
administrative in nature
Baytan v. Comelec
The power to investigate and prosecute election offenses, like double
registration, is inherently administrative. Hence, it may be decided
directly by the Commission en banc as opposed to the exercise of quasi-
judicial power which should be heard first by division and later by the
en banc on motion for reconsideration.
Q. What is covered by the constitutional duty to report?
The Comelec submits to the President and the Congress a
comprehensive report on the conduct of each election, plebiscite,
initiative, referendum, or recall.
Q. Does the Comelec exercise judicial powers?
Sandoval v. Comelec
Essentially, it does. But since judicial power is technically exercised by
judges and justices, it is more apt to say it performs quasi-judicial
functions. If the power is judicial in nature or character, but it does not
involve the functions of a judge or is conferred upon an officer other
than the judge, it is quasi-judicial.
Q. When can we say that it exercises quasi-judicial functions?
1. When it exercises original and appellate jurisdiction over election
contests, including pre-proclamation controversies
2. Appeals from the rulings of the BOCs involving pre-proclamation
controversies.
3. Annulment of proclamation and determination of existence of
manifest errors requires arbitration hence quasi-judicial.
14 | U N I V E R S I T Y O F S A N C A R L O S S L G
4. Petition for declaration of failure of election on the ground of
missing names and control date, unsecured ballot boxes, delay
in the delivery of election returns.
TN: Its determination is only an exercise of administrative functions and
determination of probable cause is administrative.
Q. What are the necessary incidents of the exercise of quasi-
judicial powers?
Mendoza v. Comelec
A. It holds hearings and exercises discretion of a judicial nature.
B. It receive evidence, ascertains facts, and determines the law and
legal rights of the parties.
C. It decides on the merits of the case and renders judgment.
LEGISLATIVE POWERS
Q. What are the legislative powers of Comelec?
A. Rule-making power, “laws and regulations”
B. Suspension of Rules of Procedure
RULE-MAKNG POWER
RULE MAKING POWER, “LAWS AND REGULATIONS”
1987 Constitution
It promulgates rules concerning pleadings and practice before it.
Provided, it does not diminish, increase or modify substantive rights.
Omnibus Election Code
Promulgate rules and regulations implementing the OEC and other laws
which is required to enforce and administer.
TN: In case of conflict between its rules and any other administrative
government agency concerning the same matter relative to elections,
the Comelec rules prevail.
Q. What is the history of the rule-making power of the
Comelec?
A. 1935 Constitution – It has exclusive charge to enforce and
administer all laws relative to the conduct of elections.
B. 1973 Constitution – It enforces and administers all laws relative to
the conduct of elections. But, it was not expressly granted the
power to promulgate rules and regulations. It may only be granted
by Congress through a special law.
C. 1987 Constitution – It enforces and administers all laws and
“regulations” relative to the conduct of elections.
Gallardo v. Tabamo
The incorporation of the word “regulations” took into account its powers
to promulgate rules and regulations implementing election law under
the Omnibus Election Code. This upgrades the statutory authority to
promulgate rules and regulations into a constitutional authority.
Otherwise, Congress may withdraw it anytime and it will violate the
independence of the Comelec.
Q. Are the rules promulgated by the Comelec binding on the
regular courts?
Aruelo Jr v. CA
No. The rules concerning pleadings and practice promulgated by the
Commission on Elections in the exercise of its power to promulgate rules
and regulations are applicable to actions and proceedings brought
before it only. Thus, the prohibition of motion to dismiss and motion for
bill of particulars does not apply in election protest cases filed before the
regular courts where the Rules of Court applies.
ELECTION LAWS l Atty. Ferdinand Gujilde l Notes by Tanya Ibanez
SUSPENSION OF RULES OF PROCEDURE
SUSPENSION OF RULES OF PROCEDURE
Q. Can the Comelec Rules of Procedure be suspended?
Yes, in the interest of justice and in order to expedite disposition of cases
pending before it.
Llana v. Comelec
Facts:
A candidate lost by a mere 24 votes. It turned out however that in one
election return, his 42 votes was transposed to be a statement of votes
as only 4, denying him 38 votes that could have won him the election.
The election protest he filed was treated as a petition to correct manifest
error. It was opposed because it must be done within 5 days from
proclamation. It was late by 2 days.
Held:
The Comelec has broad powers. It includes resolution and determination
of election controversies. It has also the power to promulgate its rules
to expedite disposition of election cases. Concomitant to such powers is
the authority to determine the true nature of cases before it. Thus, it
examines the allegations in the pleadings, aware that in determining the
nature of the complaint, the averment, rather than the caption, is the
proper gauge. The primary duty is to determine the will of the people.
When it treated it as correction, it simply complied with its duty.
JUDICIAL POWERS
JUDICIAL POWERS
Q. What are the judicial powers of Comelec?
1. Exercise original jurisdiction over regional, provincial and city
election contests and appellate jurisdiction over municipal and
barangay election contests
2. Power to issue extraordinary writs
3. Contumacy powers
4. Jurisdiction on en banc or division
JURISDICTION OVER ELECTION CONTESTS
JURISDICTION OVER ELECTION CONTESTS
Article IX (C), Section 2
Exercise exclusive jurisdiction over all contests relating to the elections,
returns, and qualifications of all elective regional, provincial, and city
officials, and appellate jurisdiction over all contests involving elective
municipal officials decided by trial courts of general jurisdiction, or
involving elective barangay officials decided by trial courts of limited
jurisdiction.
Decisions, final orders, or rulings of the Commission on election contests
involving elective municipal and barangay officials shall be final,
executory and not appealable.
ELECTORAL TRIBUNALS
Supreme Court en banc transforms itself into an electoral tribunal.
TN: PET cannot review its own decision, unless it is a motion for
reconsideration.
Q. What are the Electoral Tribunals?
1. Presidential Electoral Tribunal (PET)
2. Senate Electoral Tribunal (SET)
3. House of Representatives Electoral Tribunal (HRET)
Q. What is their composition?
A. PET – Supreme Court en banc
B. SET & HRET – 9 members
 3 Justices of the Supreme Court
 6 Members of the Senate or House
15 | U N I V E R S I T Y O F S A N C A R L O S S L G
 Chosen based on proportional representation
 Most senior Justice acts as the Chair
Q. What is their function?
They are the sole judge of all contests relating to the:
A. Election
B. Returns
C. Qualifications of their respective members
Q. What is the extent of their jurisdiction?
Lazatin v. HRET
The use of the word “sole” emphasizes the exclusive character of the
jurisdiction conferred. It is complete and unimpaired as if it remained
originally in the legislature. Characterized as full, clear and complete.
It excludes the exercise of any authority on the part of the Supreme
Court that affects, curtails or restricts it. It is beyond judicial interference
except if it is arbitrary and denies due process. Thus, in case of conflict
between the Omnibus Election Code and the HRET rules on timeliness,
the latter prevails.
Tecson v. Comelec
But while it is true that the Supreme Court is the sole judge of all
contests relating to the qualifications of the President, it applies only to
the elected President, and not to the candidate for President, which the
Comelec has jurisdiction.
Q. When does the jurisdiction of the Comelec end and the HRET
begin?
Lazatin v. Comelec
Facts: A district representative was proclaimed, took oath and assumed
office. But the proclamation was nullified by the Comelec because it was
void. The BoC simply corrected the contested returns without waiting
for their final resolution.
Held: The jurisdiction pertains to the HRET because the district
representative already assumed office.
TN: Once the Comelec proclaims you as the winner, the Comelec loses jurisdiction.
Jurisdiction now pertains to the Trial Courts.
Reyes v. Comelec
Facts: The COC of a district representative was cancelled for material
misrepresentation. But since it did not acquire finality yet, she was
proclaimed. The cancellation became final. But she now argues that
after proclamation, the Comelec lost jurisdiction over her qualification
and it now pertains to the HRET.
Held:
Despite proclamation, the Comelec retains jurisdiction because three
conditions did not concur for the HRET to acquire it:
A. Valid proclamation
B. Proper oath
C. Assumption to office (Noon of June 30 following the elections)
Proclamation alone does not make Comelec lose jurisdiction
Q. When does the en banc acquire jurisdiction over election
contests?
Only upon motion for reconsideration of the division’s decision,
resolution, order or ruling. But, it must first be filed in the Division before
the en banc takes cognizance through a motion for reconsideration.
TN: File a motion for reconsideration before the division – but the body to treat
such motion is the en banc.
ELECTION LAWS l Atty. Ferdinand Gujilde l Notes by Tanya Ibanez
Roces v. HRET
Facts:
There was a pending case for disqualification which incidents include
motions to withdraw and to substitute. But the division did not
promulgate on a date according to its notice to the parties. Two days
before the filing of the motion for reconsideration, the en banc deleted
the name of the candidate and denied the motions to withdraw and to
substitute.
Thus, the BoC did not canvass the votes of the candidate or the
substitute and proclaimed the winner even after only 6k out of 120k
votes were canvassed.
Held:
The en banc usurped the jurisdiction of the division in the absence of a
motion for reconsideration. Nowhere is it provided in the law that the
en banc has the power to assume motu proprio over a petition to deny
due course pending before a division.
TN: If it calls for the application of law – quasi-judicial in nature (must pass first
before the division before the en banc)
Bulilis v. Nuez
Facts:
A Punong barangay won by a margin of 4 votes but it was protested
before the MTC. A notice of preliminary hearing was issued, but the
counsel for the winner claimed he did not receive it, or even if he did, it
was not specified as preliminary conference thus he failed to file a brief.
The Court then allowed protestant to present evidence ex parte. The
counsel for the winner fled petition for certiorari before the RTC but it
was dismissed for lack of jurisdiction.
Held:
In aid of its appellate jurisdiction, the Comelec takes cognizance over
petitions for certiorari against all acts or omissions of courts in election
cases, including interlocutory orders.
In aid of its appellate jurisdiction means that if a case may be appealed
to a particular court or tribunal, it has jurisdiction to issue writ of
certiorari.
TN: It can take cognizance over petitions of certiorari only in aid of its appellate
jurisdiction.
Q. Does the hierarchy of courts apply in election cases?
Flores v. Comelec
Facts: Section 9 of RA 6679 provides that the decision of the MTC on
an election protest may be appealed to the RTC.
Held: This is unconstitutional. The Comelec exercises appellate
jurisdiction over all contests involving elective municipal officials decided
by trial courts of general jurisdiction or elective barangay officials
decided by trial courts of limited jurisdiction. And such decision shall be
final, executory and un-appealable.
TN: See Constitution
If barangay – go to MTC
If elective official – RTC
Q. Is this rule absolute?
No, it applies only to questions of fact and not of law. It was not intended
to divest the SC of its authority to resolve questions of law as inherent
in its judicial power of review.
16 | U N I V E R S I T Y O F S A N C A R L O S S L G
POWER TO ISSUE EXTRAORDINARY WRITS
POWER TO ISSUE EXTRAORDINARY WRITS
Q. Does the Comelec have the power to issue writs of certiorari,
mandamus and prohibition?
Carlos v. Angeles
Yes, but only in such cases where it has exclusive appellate jurisdiction
over all contests involving elective municipal and barangay officials.
Simply put, only in aid of its appellate jurisdiction.
Bulilis v. Nuez
A court may issue a writ of certiorari in aid of its appellate jurisdiction if
it has jurisdiction to review, by appeal or writ of error, the final orders
or decisions of the lower court.
Q. Is the power to issue writs of certiorari, mandamus and
prohibition exclusive to Comelec?
No, it is concurrent with the Supreme Court. But whichever takes
cognizance first exercises exclusive jurisdiction.
CONTUMACY POWERS
CONTUMACY POWERS
Q. Does the Comelec have the power of contumacy?
Filipinas Eng’g Machine
Only as an incident to the exercise of its quasi-judicial functions.
Q. What constitutes contempt?
Any violation of any final and executory decision, order or ruling of the
Commission.
JURISDICTION OF EN BANC OR DIVISION
JURISDICTION OF EN BANC OR DIVISION
Q. When does the Comelec sit in division?
Canicosa v. Comelec
In the exercise of its quasi-judicial powers, the Comelec is mandated to
hear can decide cases first by division, and upon motion for
reconsideration by the en banc. This is when it is jurisdictional.
Sarmiento v. Comelec
Facts: The en banc ruled on several appeals from the rulings of the
Board of Canvassers involving pre-proclamation controversies.
Held: Election cases include pre-proclamation controversies. Thus, the
en banc has no authority to hear and decide it at the first instance.
Soller v. Comelec
The en banc does not have the requisite authority to hear and decide
election cases including pre-proclamation controversies in the first
instance. It pertains to the division. Any decision by the en banc as
regards election cases decided by it is null.
Q. When does the Comelec sit en banc?
In the exercise of its administrative powers.
Baytan v. Comelec
Determination of probable cause for the election offense of double
registration is administrative.
Canicosa v. Comelec
Declaration of failure of election is purely administrative. y the SC en
banc can declare a failure of election.
ELECTION LAWS l Atty. Ferdinand Gujilde l Notes by Tanya Ibanez
CORRECTION OF MANIFEST ERRORS
Q. What is manifest error?
Llana v. Comelec
A. Evident to the eye and understanding
B. Visible to the eye
C. That which is open, palpable and incontrovertible
D. Needing no evidence to make it more clear
E. Not obscure or hidden
Q. What are the instances of manifest error?
A. A copy of election returns or certificate of canvass was tabulated
more than once
B. Two copies of election returns or certificates of canvass were
tabulated separately
C. There was a mistake in the adding or copying of the figures into
the certificate of canvass or into the statement of votes
D. So-called election returns from non-existent precincts were
included in the canvass.
Q. How is a manifest error corrected?
The Board of Canvassers may, motu proprio, or upon verified petition
by any candidate or political party, after due notice and hearing, correct
the error.
Q. Can a manifest error be corrected after proclamation?
Torres v. Comelec
Facts: Manifest error was corrected after proclamation upon the request
of the BoC. It was argued it is allowed only prior to proclamation because
after proclamation, the Board of Canvassers loses jurisdiction.
Held: A proclamation based on a statement of votes containing
erroneous entries is null. It is no proclamation at all and the assumption
to office of the proclaimed winner does not divest the Commission on
Elections the power to annul proclamation. Since the SOV forms the
basis of COCP, any error affects the validity of the proclamation.
INTERLOCUTORY ORDERS
Q. Can the Comelec issue interlocutory orders?
Yes, as an incident of the exercise of quasi-judicial powers.
Q. Where is it challenged?
GR: It is taken to the SC Division via certiorari, and not to the en banc.
XPN: If it falls under Section 2, Rule 3 of the Comelec Rules:
Upon a unanimous vote of all Members of a Division, an interlocutory
matter or issue relative to an action or proceeding before it is decided
to be referred to the en banc.
SUBJECT OF MOTION FOR RECONSIDERATION
Q. What are subjects of motion for reconsideration?
Decision, resolution, order or ruling of a Division.
Q. Can the en banc automatically acquire jurisdiction even
without a motion for reconsideration?
Yes, if the required number is not obtained.
Q. What is that required number?
Concurrence of at least 2 out of 3 members of the division.
Garvida v. Sales
Facts: Without referring the case to any of its divisions, the en banc
directed the canvassers to suspend the proclamation of a candidate
whose eligibility is in question, in case she wins.
Held: The en banc acted without jurisdiction or gravely abused its
discretion.
17 | U N I V E R S I T Y O F S A N C A R L O S S L G
Zarate v. Comelec
Facts: The MTC annulled the proclamation of an SK Chair because 8
votes in his favor were considered marked ballots. He appealed to the
Comelec and the en banc annulled the decision of the MTC.
Held: It transgresses the Constitutional mandate that election cases
should be heard and decided by the Division at the first instance.
Soller v. Comelec
Facts: An election protest was sought to be dismissed on the ground of
lack of jurisdiction because of non-payment of filing fee. But it was
denied by the RTC. It was brought to the Comelec via certiorari and the
en banc ruled that filing fee was paid.
Held: The order denying the motion to dismiss is an incident of an
election protest. If the principal case decided on merits is appealable to
the division, there is no reason why petitions for certiorari relating to
incidents of election protest should not be decided by the decision at the
first instance. The en banc acted without jurisdiction in taking
cognizance of the petition in the first instance.
QUASI-JUDICIAL POWERS
QUASI-JUDICIAL POWERS
Q. Does the Comelec exercise judicial powers?
Sandoval v. Comelec
Essentially, it does. But since judicial power is technically exercised by
judges and justices, it is more apt to say it performs quasi-judicial
functions. If the power is judicial in nature or character, but it does not
involve the functions of a judge or is conferred upon an officer other
than the judge, it is quasi-judicial.
Q. Are the decisions of the Comelec subject to judicial review?
Yes, unless otherwise provided by the Constitution or by law, any
decision, order or ruling of the Comelec may be brought to the Supreme
Court on certiorari by the aggrieved party within 30 days from receipt.
A judgment or final order or resolution of the Commission on Elections
may be brought by the aggrieved party to the Supreme Court on
certiorari under Rule 65.
TN: Findings of fact of the Comelec supported by substantial evidence is final and
non-reviewable.
Q. What is the effect of filing?
It does not stay execution of judgment, final order or resolution. Unless,
the Supreme Court directs otherwise upon such terms it deems just.
CERTIORARI JURISDICTION OF THE SUPREME COURT
Q. What are the grounds for petitions for certiorari and
prohibition?
A. Acts without or in excess of its jurisdiction
B. Gravely abuses its discretion amounting to lack or excess of
jurisdiction
Provided, there is no appeal, or any plain, speedy and adequate
remedy in the ordinary course of law. (Rule 65)
Q. What is the office of certiorari?
It corrects a discretionary act.
Q. What is the office of prohibition?
It prevents a discretionary or ministerial act.
Q. What are the grounds for petition for mandamus?
A. Unlawful neglect of a ministerial act
B. Unlawful exclusion of another from the use or enjoyment of a right
or office
ELECTION LAWS l Atty. Ferdinand Gujilde l Notes by Tanya Ibanez
Provided, there is no other plain, speedy, and adequate remedy in
ordinary course of law.
Q. What is the office of mandamus?
It compels a ministerial act.
Q. What is the nature of certiorari jurisdiction of the Supreme
Court over the Comelec?
It is a special civil action, not appellate authority of review.
Q. What is covered by the certiorari jurisdiction of the Supreme
Court over the judgment, final ruling, order or resolution of the
Comelec?
A. Grave abuse of discretion amounting to lack or excess of
jurisdiction.
B. Pure questions of law and jurisdiction. (Aratuc v. Comelec)
C. The final orders, ruling and decisions must be in the exercise of
quasi-judicial powers. (Loong v. Comelec)
Aratuc v. Comelec
Facts: The Comelec extended its inquiry of election returns beyond
those examined by the experts and passed upon the canvassers. It also
excluded returns showing 90 to 100% voting turnout.
Held: The Comelec neither exercises its appellate jurisdiction nor judicial
power in this case, hence it can extend its inquiry beyond what was
alleged by the parties.
It exercises plenary prerogative of direct control and supervision over
the canvassers. It is an assertion of statutory authority to preserve the
purity of elections. In doing so, the Comelec did not act wantonly and
arbitrarily.
There may be errors in its conclusions, but these are errors in judgment
not reviewable on certiorari in judgment not reviewable on certiorari for
as long as they are based on substantial evidence.
Loong v. Comelec
The order to manually count election results during automated elections
is in the exercise of administrative power. Hence, it is not reviewable on
certiorari. The choice or means taken by the Comelec should not be
interfered with.
Salva v. Makalintal
Issuance of a resolution calling for plebiscite and stipulating its rules and
regulations is a ministerial duty, which is mere incident of its
administrative functions. As such, it is not issued pursuant to its quasi-
judicial functions.
Thus, it is not in the nature of a final order reviewable by the Supreme
Court on certiorari.
Ambil v. Comelec
Facts: A decision of the Division was signed by the ponente before he
retired but “promulgated” after he did. The order scheduling the
promulgation was challenged via certiorari.
Held: It is premature. It is a decision of a Division, not en banc. There
is no promulgation yet, so the decision sought to be annulled was not
yet received. There is no motion for reconsideration which is mandatory.
Q. Is motion for reconsideration mandatory?
Reyes v. RTC
In a petition for certiorari, motion for reconsideration may be dispensed
with under certain exceptions. It does not apply to election cases where
motion for reconsideration is mandatory by constitutional fiat.
A motion for reconsideration must be elevated to the en banc which final
decision is reviewable via certiorari by the Supreme Court.
18 | U N I V E R S I T Y O F S A N C A R L O S S L G
Q. If the en banc decides administratively, can there be a
motion for reconsideration?
No, unless it involves an election offense. But, if the Division gravely
abused its discretion or acted without or in excess of jurisdiction in
issuing an interlocutory order, and it does not fall under any of the
instances in Section 2, Rule 3 of the Comelec Rules of Procedures, the
remedy is not to elevate it to the en banc but to the Supreme Court via
certiorari.
RELATIONSHIP WITH LOWER COURTS
Q. What is the relationship of the Comelec with the lower
courts?
Comelec v. Datu-imam
Facts: The Comelec ordered its field officer to remove one barangay
from a municipality because it had been illegally created. Thus, the
election officer did not accept certificates of candidacy for that barangay.
The Presiding Judge of the MTC enjoined the Comelec from
implementing its order.
Held: Lower courts cannot issue writs of injunction against the Comelec
because of their subordinate status and rank to it.
Macud v. Comelec
In the discharge of its functions, the Comelec should not be hampered
with restrictions. It may err, so may the Supreme Court. But it should
be allowed considerable latitude in devising means and methods to
ensure a free, orderly and honest elections.
If the lower court were to arrogate unto itself the power to disregard,
suspend or contradict any order of the Comelec, that constitutional body
would be speedily reduced to impotence.
Gallardo v. Tabamo
Facts:
A candidate for governor filed a special civil action with the RTC against
his opponent to prohibit him from:
A. Pursuing certain public works projects
B. Releasing, disbursing or spending public funds for such projects
because it fell within the 45-day ban on public works during the
election period.
C. Hiring of hundreds of laborers is intended to buy votes
D. The RTC judge issued a temporary restraining order
Held:
RTC has no jurisdiction over violations of the Omnibus Election Code and
the related resolution issued by the Comelec. The judiciary has no
authority to participate in the enforcement of election laws.
The literal language of the Constitution empowers the Comelec to have
the exclusive charge to enforce and administer all laws relative to the
conduct of elections.