Professional Documents
Culture Documents
Suffrage – the right and the obligation of qualified citizens to vote in the election of
certain national and local officers of the government and in the decision of
public questions submitted to the people
NATURE OF SUFFRAGE
1. not a natural right but merely a privilege given or withheld by the lawmaking
power subject to the Constitutional limitations
- granted upon the fulfillment of certain minimum conditions deemed
essential for the welfare of society
- not a necessary accompaniment of citizenship
2. not absolute
Election - nevertheless, only the serious grounds and upon clear and convincing
proof may a citizen be deemed to have forfeited his right of suffrage
Law
Chapter One:
GENERAL PRINCIPLES
5. as a duty it is in the nature of public trust 3. Referendum – submission of a law passed by the national or local legislative
- should be exercised in good faith and with intelligent zeal for the body to the registered voters at an election called for the purpose of their
general benefit and welfare of the State ratification or rejection
o Mode for appealing from an elected body to the whole body of voters
SCOPE OF SUFFRAGE
4. Initiative – process whereby the registered voters directly propose, enact or
1. Election – the means by which the people choose their officials for definite amend laws, national or local, through an election called for that purpose
and fixed periods and to whom they entrust, for the time being as their o Congress is mandated by the Constitution to provide a system of
representatives, the exercise of powers of the government. initiative and referendum which have been declared as the “people
power” feature of the Constitution
o Amendments to the Constitution may be proposed through an
initiative POWER OF CONGRESS TO REGULATE SUFFRAGE
5. Recall – method by which a public officer may be removed from office during Congress can regulate the right of suffrage since it is not a natural right but a
his tenure or before the expiration of his term by a vote of the people after political right. It is within the power of the State to prescribe the manner in
registration of a petition signed by a required percentage of the qualified which the right shall be exercised.
votes
Subject to constitutional restrictions, Congress has the power to:
OBJECT OF SUFFRAGE o define qualifications of voters
o regulate elections
Main Object: continuity of government and the preservation of its benefits o prescribe form of official ballot
o provide for the manner in which candidates shall be chosen and the
Two-Fold Object: names that shall be printed upon the ballot
(1) enable the people to choose their representatives to discharge o regulate the manner and conduct of elections
sovereign functions ( through elections) o exercise of police power
(2) determine their will upon such questions submitted to them (through
a plebiscite, referendum, initiative or recall) CONSTITUTIONAL PROVISIONS ON SUFFRAGE
*Election laws regulate how the right of suffrage is to be exercised ARTICLE V, Section 1 (Qualifications of voters)
1. must not be disqualified by any law
**In case of doubt, political laws must be so construed as to give life and spirit to 2. at least 18 years of age on the date of the election
the popular mandate freely expressed through the ballot
2. Those who have expressly renounced their Philippine citizenship and who have
pledged allegiance to a foreign country
3. Those who have committed and are convicted in a final judgment by a court or
tribunal of an offense punishable by imprisonment of not less than 1 year, including
those who have been found guilty of Disloyalty as defined under Art. 137 of the
RPC, such disability not having been removed by plenary pardon or amnesty;
Provided that the person disqualified according to this shall automatically reacquire
the right to vote upon the expiration of 5 years after service of sentence; provided,
further, that COMELEC may take cognizance of final judgments issued by foreign
courts of tribunals only on the basis of reciprocity and subject to the formalities and
processes prescribed by the Rules of Court on execution of judgments
4. An immigrant or a permanent resident who is recognized as such in the host
country, unless he/she executes, upon registration, an affidavit prepared for the
purpose by COMELEC declaring that he/she shall resume actual physical
permanent residence in the Philippines not later than 3 years from approval of
his/her registration under this Act. Such affidavit shall also state that he/she has
not applied for citizenship in another country. Failure to return shall be the cause
for the removal of the name of the immigrant or permanent resident from the
National Registry of the Absentee Voters and his/her permanent disqualification to
vote in absentia
5. Any citizen of the Philippines abroad previously declared insane or incompetent by
competent authority in the Philippines or abroad, as verified by the Philippines
embassies, consulates or foreign service establishments concerned, unless such
competent authority subsequently certifies that such person is no longer insane or
incompetent
1 CHAIRMAN
6 COMMISISONERS
QUALIFICATIONS OF MEMBERS
The chairman and the commissioners are appointed by the president with
consent of the Commission on Appointments;
3
Does not divest SC of jurisdiction to resolve questions of law
4
Phrase refers to all matters affecting the validity of the contestee‟s title
COMELEC has the inherent power to amend or control its processes and FILE PETITIONS, INVESTIGATE, PROSECUTE
orders before they become final and executor. The Rules of Court apply
suppletorily. It can exercise these powers on its own initiative even in the absence of
any complaint.
COMELEC has no jurisdiction over questions involving the right to vote.
COMELEC can conduct preliminary investigations in cases involving
DEPUTIZE LAW ENFORCEMENT AGENCIES election offenses for the purpose of helping the court determine probable
cause and for filing an information in court. This power is EXCLUSIVE.
COMELEC, with the concurrence of the President, may deputize law Ombudsman or Prosecutor can only perform such power if they have been
enforcement agencies to perform some of its functions. duly delegated / deputized by COMELEC.
The officers and agencies deputized by COMELEC are subject to the SUBMIT REPORT
authority, control, and supervision of the COMELEC in respect of the
particular functions covered by such deputation. Report should contain a description on how a previous election, plebiscite,
o Under the Omnibus Election Code, COMELEC may relieve any officer initiative, referendum, or recall was conducted and what laws or
or employee deputized by it, and, upon its recommendation, the regulations, if any, were violated.
corresponding authority shall suspend or remove from office any or all
such officers or employees who may, after due process, be found COMELEC may also submit recommendations with respect to the flaws or
guilty of such violation or failure. defects it has discovered in the enforcement of election laws.
Without the constitutional mandate to submit reports, COMELEC may COMELEC HAS POWER TO PUNISH FOR CONTEMPT
refuse to submit such to other branches of the government.
COMELEC has the power to hear and decide any controversy that may be
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submitted to it in connection with the elections. As an incident of such Congress, may, by legislation, fix a period for the rendition of decisions for
power, it may also punish for contempt (Rule 64 of RoC). This power is election cases.
judicial in character. o Under the 1973 Constitution, all election cases shall be decided in
BUT in the exercise of its ADMINISTRATIVE functions, it may not hold a 90 days from the date of their submission for decision
person in contempt. o Under Sec 257 of the Omnibus Election Code, election cases
o What are these admin matters? brought before COMELEC shall be decided within 90 days from
Contracts the date of submission for decision.
Distribution of ballots etc. Adherence to this is not strictly required since a very strict
construction might allow the procedural flaws to subvert
HEARING OF ELECTION CASES (CONSTITUTION ART. IX, SECTION 3) the will of the electorate and would amount to
disenfranchisement of voters in numerous cases.
2 tiered organizational and functional structure:
o Election cases including pre-proclamation controversies (except Sec 258 of the Omnibus Election Code on the preferential disposition of
those relating to election, returns, and qualifications of members of election contests applies only to cases before the courts and not those
Congress which are under the exclusive jurisdiction of the before COMELEC
respective Electoral Tribunal of each house) and appeals from trial
courts must first be heard and decided by a Division of REGULATION OF PUBLIC ENTITIES (CONSTITUTION ART. IX-C, SECTION 4)
COMELEC.
Mandatory and jurisdictional COMELEC, during election period, may
COMELEC sitting en banc does not have the authority to o Supervise and regulate
hear the case at first instance The enjoyment or utilization of any franchises or permits
o When the exercise of quasi-judicial powers are involved, for the operation of transportation and other public utilities,
COMELEC is mandated to decide cases first in divisions of 3, and Media communication or information
then, upon motion for reconsideration, en banc. All grants, special privileges or concessions granted
COMELEC sitting en banc This is to ensure equal opportunity, time, and space for public information
o Can act directly on matters falling within the administrative powers campaigns and for a among candidates in connection with the objective of
o Can only act on MR only of decisions of a division of the holding free, orderly, honest, peaceful and credible elections
COMELEC
o The review of the COMELEC sitting en banc is mandatory before The provision seeks to place all candidates on more or less equal footing
the decision may be brought to the SC on certiorari in making known their qualifications and platforms and their stand on
o There is a presumption of regularity and factual findings are public issues and thereby equalize their opportunities of winning at the
binding upon the regular courts polls
o When COMELEC en banc reviews and evaluates a
party‟s petition, a party‟s answer and the supporting papers PARDON, ETC. OF VIOLATORS OF ELECTION LAWS (CONSTITUTION ART.
attached thereto, the same is tantamount to a fair “hearing” IX0C, section 4)
o Technical rules of evidence are not rigoriously applied
NO pardon, amnesty, parole or suspension of sentence for violation of
election laws, rules and regulations shall be granted by the President
without the favorable recommendation of the COMELEC
ELECTION PERIOD NOT SAME WITH CAMPAIGN PERIOD; Execution pending appeal can only be allowed:
o Election period includes 30 days after election as election period; o on the basis of “good reasons” to be stated in a special order
o While campaign period can only include the 90 days prior to o the reasons must be of such urgency as to outweigh the injury or
election day; damage of the losing party should the latter secure a reversal of
the judgment on appeal; and
REDITION OF DECISION AND JUDICIAL REVIEW o there must be a motion by the prevailing party with notice to the
(CONSTITUTION ART. IX-A, section 7) adverse party
Comelec shall decide by majority vote of all members any case Execution pending appeal
o allowed by Section 2 Rule 39 of the Rules of Court is an exception
Within 60 days from date of its submission for decision or resolution; to the general rule that only final judgments may be executed;
o This is strictly construed.
o Deemed submitted for decision upon filing of the last pleading,
brief, memorandum, required by rules;
*Jurisdiction of the SC to review questions of law will not be affected
Orders and rules of COMELEC sitting en banc subject to review by SC
under certiorari (Rule 65), unless otherwise provided by Constitution RULES OF PROCEDURE
o Only election disputes before COMELEC en banc in the exercise
of its adjudicatory or quasi-judicial powers involving elective The COMELEC en banc may promulgate its own rules concerning
regional, provincial, and city officials, may be brought to the pleadings and practice before it or before any of its offices
SC under certiorari o Liberal construction of rules
o May suspend its Rules or any portion thereof in the interest of
justice
o Rules of Court applies suppletorily
Such rules shall not diminish, increase, or modify substantive rights;
Election Law Reviewer 1
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o Substantive rights – rights which substantive law declares or rights 3. Summons parties to controversy, issue subpoena and subpoena duces
concerning life, liberty or property (bill of rights)
tecum, take testimony and investigate, conduct hearing, issue warrant of
o Procedural rights – refer to the remedies or means by which an arrest;
aggrieved party, whose rights have been violated, may bring his
4. Avail assistance of any national or local law enforcement agency to
case to suit, trial, and judgment.
execute under its direct and immediate supervision any of its final
decisions;
VOTES REQUIRED FOR RENDITION OF DECISION
5. Punish contempt;
6. Enforce and execute decisions which shall have precedence over those
ART. IX-A, SECTION 7 – COMELEC shall decide by a MAJORITY VOTE
emanating from other authority, except SC and habeas corpus;
of all its members any case or matter brought before it;
7. Prescribe forms to be used un election, plebiscite and referendum;
8. Procure any supplies and equipment for elections etc.
QUORUM of a DIVISION – TWO members shall constitute a quorum for
9. Prescribe use or adoption of latest technological and electronic devices;
the transaction of the official business of the division.
10. Carry out a continuing and systematic campaign through newspaper of
general circulation, radios and other media to educate public;
DECISION OF A DIVISION – UNANIMOUS concurrence of all three
11. Enlist non-partisan groups or organization of citizens from civic, youth,
commissioners; such decision shall be considered as a decision of the
professional, educational, business or labor sectors known for their
commission;
probity, impartiality and integrity and integrity with the membership and
capability to undertake a coordinated operation and activity to assists it in
DIVISION; IF REQUIRED VOTES NOT OBTAINED – in case there is a
the implementation of the provisions of the code and the resolutions,
dissenting opinion, the case may be appealed to the commission en banc,
orders and instructions of the commission;
in which case the vote of the majority thereof shall be the decision of the
12. Conduct hearings on controversies;
Commission;
13. Fix other reasonable periods for certain pre-election requirements in order
that voters shall not be deprived of their right of suffrage and certain
ADDITIONAL FUNCTIONS AS MAY BE PROVIDED BY THE LAW
groups of rights granted them in the code.
(CONSTITUTION ART. IX-A, Section 8)
*Unless indicated in the Code, COMELEC is authorized to fix the appropriate
COMELEC shall perform such other functions as may be provided by law
period for the various prohibited acts enumerated therein.
Congress cannot diminish the powers and functions granted by the
Constitution to COMELEC
1. Exercise direct and immediate supervision and control over national and
local officials or employees, including members of any national or local law
enforcement agency; may also deputize ROTC cadets;
2. Promulgate rules and regulations implementing the provisions of the this
code or other laws; and require the payment of legal fees for business
done by comelec;
Chapter Three: Registration of voters – means of determining the qualifications of voters, and of
regulating the exercise of the right to vote through statutes requiring the names of
REQUIREMENTS BEFORE ELECTION those entitled to vote to be previously recorded by the officers provided for that
purpose
A. Registration5
Composition:
1. Election Officer (EO) as the Chairman
In case of disqualification, COMELEC shall designate an
acting Election Officer
2. Members – Public School Official most senior in rank and the
Local Civil Registrar or in his absence, the city or municipal
treasurer
In case of disqualification of unavailability of the Local
Civil Registrar or the Municipal Treasurer, COMELEC
shall designate any other appointive civil service official
from the same locality as substitute
An illiterate person may register with the assistance of the Election Officer
or any member of an accredited citizen‟s arm
o HOW?
The EO shall place such person under oath and ask him
questions and record the answers given in order to
accomplish the application form.
This form will then be subscribed by the applicant in the
presence of the Board by means of a thumbmark or any
other customary mark and shall be subscribed and
attested to also by the majority of the Board.
After approval and notice, the EO shall transmit by registered mail the The oppositions to the challenge must, in all cases, be filed not later than
voter‟s registration record to the EO of the voter‟s new residence the second Monday of the month in which the same is scheduled to be
heard or processed by the ERB. If this day will fall on a non-working
If the change involved a change in precinct, the Board shall transfer his holiday, oppositions may be filed on the next following working day.
registration record to the precinct book of voters of his new precinct and
notify the voter of his new precinct. The hearing shall be heard on the third Monday of the month and the
decision shall be rendered before the end of the month
All changes of address shall be reported to the office of the provincial
election supervisor and the Commission in Manila Approval and disapproval of the application – the EO shall submit to the Board
all applications for registration filed and by majority vote, approve or disapprove
Notice and hearing of applications – Upon receipt of application for reg, the the applications
EO shall set them for hearing, notice will be posted in the city or municipal
bulletin board and in his office for at least one (1) week before the hearing upon approval, the EO shall assign a voter‟s ID number and issue
the corresponding ID card to the registered voter
Challenges to right to register – any voter, candidate or representative of a
if disapproved, the applicant shall be furnished with a certificate of consisting of the 3rd copies of all the approved voter registration records
disapproval stating the ground therefore
IDENTIFICATION OF VOTERS
in any case, any aggrieved party may file a petition for exclusion or
inclusion with the proper MTC or Metropolitan TC Voter’s Identification Card (VIC) – issued to the registered voter which
shall serve as a document for his ID
Publication of action on application for registration - Within 5 days from the o In case of loss or destruction, no copy may be issued except to the
approval/disapproval of application, the Board shall post a notice in the bulletin registered voter himself or only upon the authority of the
board of the city or municipal hall Commission
o Design should be as much as possible tamper proof
PRESERVATION OF VOTER’S REGISTRATION RECORD
Voter’s Identification Number (VIN) – consists of three parts, each
The EO shall compile the original copies of the approved application for separated by a dash
registration per precinct and arrange the same alphabetically according to o Part 1: Current Address of the Voter (4 digits)
surname. First 2 digits correspond to the province
o He shall preserve the book of voters and ensure its integrity Last 2 digits correspond to the city, district, or municipality
o Part 2: Current Precinct Assignment of the Voter (4 digits +1 letter)
Provincial file – consist of duplicate copies of all registration records in First 4 digits correspond to the precinct number
each precinct of every city or municipality in the province Letter indicates whether it is a mother or daughter precinct
o Shall be in the custody of the Provincial Election Supervisor o Part 3: Permanent Birth and Name Code Unique to the Voter
1. Any person sentenced by final judgment to suffer imprisonment for COMELEC may request a certified list of those who have lost their Filipino
not less than 1 year – automatically regains the right to vote after 5 citizenship or have been declared as insane / incompetent from other
years of service of sentence government agencies
2. Any person adjudged by final judgment by a competent court or
tribunal of having caused/committed any crime involving disloyalty to EO must post a certified list of deactivated voters and send a copy to the
the duly constituted government – automatically regains right to vote corresponding local head, central file, provincial file, and the voter
5 years after service of sentence concerned
3. Any person declared by competent authority to be insane or
incompetent – subsequently removed by a declaration of a proper Reactivation of registration – any voter whose registration is deactivated may file
authority with the EO a sworn application for reactivation of his registration in the form of an
4. Any person who did not vote in the 2 successive preceding regular affidavit stating that the grounds for the deactivation no longer exist
elections
5. Any person whose registration has been ordered excluded by the May not file for reactivation 120 days before a regular election and 90 days
court before a special election
6. Any person who has lost his Filipino citizenship
EO must submit the application to the ERB for appropriate action
If approved, EO must retrieve the inactive record and send necessary Permanent list of voters – consists of all registered voters residing within
notices to persons and agencies concerned the territorial jurisdiction of every precinct indicated by the precinct maps
o Accompanied by an addition/deletion list for the purpose of updating
Cancellation of Registration – the Board shall cancel the registration of those the list
who have died as certified by the Local Civil Registrar o Not be changed or altered or transferred to another precinct without
the express written consent of the voter
Local Civil Registrar has the duty of sending monthly lists of persons who
died during the previous month to the EO of the place where the deceased Computerization – computer printouts of the list of voters duly certified by
is registered the Board are official documents and shall be used for voting and other
o In the absence of proof of place of registrations, must be send to election related purposes as well as for legitimate research need
the EO of the place of residence
o In all cases, a list must be send to the national central file and the Preparation and posting of the certified list of voters – must be prepared
proper provincial file 90 days before a regular election and 60 days before a special election and
copies must be furnished to the provincial, regional, and national central files
EO shall post a certified list in the bulletin board of his office and furnish
copies thereof to the local heads concerned, national central file, and the
provincial file
Residence
deceased husband.
to the conclusion that she will retain the domicile of the
chance to elect a domicile, but failing to elect such will lead
the death of the husband. Upon death, the wife is given a
Wife does not automatically regain domicile of origin upon
by operation of law
by choice
by origin or birth
Three types of domicile:
Not necessary that a person should have a house in order to establish his
residence and domicile in a municipality
Romualdez-Marcos v COMELEC
DISQUALIFICATIONS FROM VOTING:
Residence, for election purposes, is used synonymously with domicile.
The following shall be disqualified from voting:
It is the fact of residence, not a statement in a certificate of candidacy which ought to be (2) Any person sentenced by final judgment to suffer imprisonment for not
decisive in determining whether or not an individual has satisfied the Constitution‟s less than one (1) year, such disability not having been removed by
plenary pardon or granted amnesty;
residency qualification requirement. The said statement becomes material only when
(3) Adjudged by final judgment of having committed any crime involving
there is or appears to be a deliberate attempt to mislead, misinform, or hide a fact which
disloyalty to the duly constituted government;
would otherwise render a candidate ineligible. It
o Automatically reacquire right to vote upon expiration of 5 years after service of sentence
(applies to (1) also) How? Posting in the city hall or municipal building and in 3 conspicuous places in
(4) Insane or incompetent persons as declared by competent authority the city or municipality
unless subsequently declared as otherwise
POLLING PLACES AND THEIR DESIGNATION
B. PRECINCTS AND POLLING PLACES
Polling Place – building or place where the board of election inspectors conducts
ELECTION PRECINCT – basic unit of territory established by the COMELEC for its proceedings and where the voters cast their votes
the purpose of voting
Voting Center – building or place where the polling place is located
(1) Establishment – The COMELEC shall draw updated maps of all the (1) Size and location of polling place – As far as practicable, ground floor,
precincts nationwide. sufficient size to accommodate 40 voters at one time outside the guard rail
for the board of election inspectors
o Precinct maps – sketch or drawing of a geographical area (2) Modes for intimidating change of location
stated in terms of streets or streets blocks or sitios the a. Written petition of the majority of the voters
residence of which would belong to a particular precinct b. Agreement of all the political parties
o No territory comprising an election precinct shall be altered or c. Resolution of the COMELEC after notice and hearing (*It is the
a new precinct be established at the start of the election period
COMELEC which determines whether a change is necessary after
o Splitting of an original precinct or merger of two or more notice and hearing.)
original precincts shall not be allowed without redrawing the
precinct map/s 120 days before election day
Note: No location shall be changed within 45 days before a regular election and 30
days before a special election or a referendum or plebiscite except in case it
(2) Arrangement – Every barangay shall have at least 1 precinct which in turn
is destroyed or it cannot be sued.
shall have no more than 200 voters and shall comprise of contiguous and
compact territories
ARRANGEMENTS AND CONTENTS OF POLLING PLACES
o A precinct shall be allowed to have less than 200 registered
(1) During the voting, there shall be in each polling place a booth for every 20
voters under the following conditions:
voters registered in the precinct.
(1) As soon as the 200-limit for every precinct has been
a. Post a list containing the list of all the candidates or the issues or
reached, a spin-off or daughter precinct shall be
questions to be voted for
automatically created to accommodate voters residing
within the territorial jurisdiction of the original precinct
(2) There shall be a guard rail between the voting booths and the table for the
(2) An island or group of islands with less than 200 voters
board of election inspectors which shall have separate entrance and exit.
may comprise 1 original precinct
NOTE: In view of the automated elections, COMELEC had to cluster the precincts
(3) On the day of the voting, a ballot box one side of which shall be
to only about 76,000 each having around 1,000 votes.
transparent which shall be set in a manner visible to the voting public
containing two compartments, namely, the compartment for valid ballots and
PUBLICATION OF MAPS OF PRECINCTS
the compartment for spoiled ballots
When? At least 5 days before the 1st registration day preceding a regular or
(4) There shall be at least 10 voting booths of such size, specifications and
special election or a referendum or a plebiscite
materials as the Commission may provide to enable voters to fill out their
ballots secretly,
FURNISHING OF BALLOT BOXES, FORMS, and STATIONARIES AND (1) The COMELEC shall prepare and furnish the ballot boxes, forms,
MATERIALS FOR ELECTION stationeries and materials necessary for the registration of voters and the
holding of elections.
(2) The provincial, city and municipal treasurers shall have custody of such
election paraphernalia, supplies and materials. NOTE: In the May 10, 2010 automated elections, the voters, instead of manually
writing the names of candidates, shaded the oval indicated in the ballot next to the
REQUISITION, PRINTING, AND DISTRIBUTION OF OFFICIAL BALLOTS AND name of the candidate of their choice.
ELECTION RETURNS
SIGNATURE OF THE CHAIRMAN AT BACK OF EVERY BALLOT – The
(1) The official ballots and election returns shall be printed upon orders of the Chairman of the Board of Election Inspectors in the presence of the voter shall
COMELEC. affix his signature at the back of his ballot
(2) It shall be printed by the Government Printing Office and/or the Central Failure to do so shall be noted in the minutes of the board of election inspectors
Bank printing facilities exclusively, under the exclusive supervision and control and shall constitute an election offense
of the Commission
PUBLICATION OF OFFICIAL BALLOTS, ETC. – At least 10 days before an
NAME OF WATCHERS election in a newspaper of general circulation certified data on the number of
official ballots and election returns and the names and addresses of the printers
The ruling party and the dominant opposition party or their respective duly and the number printed by each.
authorized representatives shall submit the names of their respective watchers.
C. Certificates of Candidacy
FORM AND CONTENTS OF BALLOTS
CANDIDATE – any person aspiring for or seeking an elective public office, who
(1) It shall be uniform in size and shall be provided by the Commission has filed a certificate or candidacy by himself or through an accredited political
Printed in black ink on white security paper with distinctive, clear and party, aggroupment, or coalition of parties.
legible watermarks that will readily distinguish it from ordinary paper
It shall be in the shape of a strip with stub and detachable coupon NOTE: Any person who files his CoC within the period for filing shall only be
containing the serial number of the ballot and a space for the thumb considered a candidate at the start of the campaign period for which he filed his
mark of the voter on the detachable coupon CoC.
It shall bear at the top of the middle portion the coat-of-arms of the
Republic of the Philippines, the words “Official Ballot,” the name of the FILING OF CERTIFICATE OF CANDIDACY (CoC)
city or municipality and province in which the election is to be held, the
date of the election and the following notice in English: “Fill out this ballot (1) No person shall be eligible for any elective public office unless he files a
secretly inside the voting booth. Do not put any distinctive mark on any sworn CoC within the period fixed by the Omnibus Election Code.
part of this ballot.”
(2) No person shall be eligible for more than 1 office to be filled in the same
(2) It shall contain the names of all the offices to be voted for in the election, election.
allowing sufficient space with horizontal lines where the voter may write the
name of the individual candidates voted for by him (3) If he files his CoC for more than 1 office, he shall not be eligible for any of
them. Provided that before the expiration of the period to file a CoC, the person
(3) here shall not be anything printed or written at the back of the
who has filed such may declare under oath the office which he desires to be
ballot except as provided in Section 24 of R.A. No. 7166
eligible and cancel the CoC for the other office/s.
(4) Any vote in favor of a person who has not filed a CoC or in favor of a acknowledge receipt of the CoC but has jurisdiction over a petition to deny due
candidate for any office for which he did not present himself is void and course to or cancel CoC provided due process is observed.
counted as a stray vote but DOES NOT INVALIDATE the whole ballot.
TIME AND PLACE OF FILING
(5) COMELEC or its designated officer has the ministerial duty to receive and
Under RA 7166 which provides for synchronized national and local elections, the IMPORTANCE OF A VALID CoC
CoCs shall be filed in 5 legible copies with the COMELEC not later than the day
before the date legally fixed for the beginning of his campaign period. (1) Requirement absolutely mandatory
(2) The evident purposes of the law in requiring the filing of CoCs and in fixing the
(1) CoCs for President, Vice-President and Senators – COMELEC main office time limit therefor are:
in Manila a. To enable the voters to know, at least 60 days before the regular
election, the candidates
(2) CoCs for Members of the House of Representatives – provincial election b. To avoid confusion and inconvenience in the tabulation of the
supervisor of the province concerned votes cast
[Flores v. COMELEC] – Under R.A. No. 6679, the person who wins the highest
number of votes as kagawad becomes by operation of law the punong barangay.
In the particular case of the petitioner, it should be noted that he was in fact not
even elected in 1982 as one of the six councilmen but separately as the barangay
captain. He was thus correctly deemed resigned upon his filing of a certificate of
candidacy for kagawad in 1989, as this was not the position he was holding, or
was incumbent in, at the time he filed such certificate.
CERTIFIED LIST OF CANDIDATES city or province or municipality immediately followed by the nickname or stage name
of each candidate duly registered in his CoC and his political party affiliation, if any.
The COMELEC shall cause to be printed a certified list of candidates containing
the names of all the registered candidates for each office to be voted for in each CANDIDATES IN CASE OF DEATH, DISQUALIFICATION OR WITHDRAWAL OF
ANOTHER PETITION TO DENY DUE COURSE TO OR CANCEL A CoC
(1) If after the last day for the filing of the CC, an official candidate of a Who may file? Any person exclusively on the ground that any material
registered or accredited political party dies, withdraws or is disqualified for any representation contained therein as required is false.
cause, only a person belonging to, and certified by, the same political party
may file a CoC to replace the candidate. When? At any time not later than 25 days from the time of the filing of the CoC and
shall be decided, after due process and hearing, not later than 15 days
(2) The substitute candidate nominated by the political party concerned may before the election.
file his CoC for the office affected not later than mid-day of the day of the
election. CANCELLATION OF CERTIFICATE BY COMMISSION
(3) If it occurs between the day before the election and mid-day of election The COMELEC may motu propio or upon verified petition of an interested party,
day, said CoC may be filed with any board of election inspectors in the political refuse to give due course to or cancel a CoC if the following situations are extant:
subdivision where his is a candidate. (1) If it is shown that the CoC has been filed to put an election process in
mockery or disrepute;
(4) The substitute candidate need not be a member of the political party (2) If CoC was filed to cause confusion among the voters by the similarity of
concerned prior to his nomination as its official candidate. the names of the registered candidate;
(3) If there are any other circumstances or acts which clearly demonstrate that
VOTES CAST FOR SUBSTITUTED CANDIDATES the candidate has no bona fide intention to run for the office which the CoC
has been filed and thus prevent faithful determination of the true will of the
(1) In case of valid substitutions after the official ballots have been printed, the electorate.
votes cast for the substituted candidates shall be considered as stray votes but
shall not invalidate the whole ballot. For this purpose the official ballots shall Note: A cancelled CoC cannot give rise to a valid candidacy, and much less to
provide spaces where the voters may write the name of the substitute valid votes. Where, however, the ruling is not yet final on election day, the
candidates if they are voting for the latter. duty of the court is to ascertain the will of the electorate under the factual
(2) If the substitute candidate has the same family name, the above rule shall not circumstances of the case. (COMELEC decisions in pre-proclamation
apply. controversies and petitions to deny course to or to cancel CoC shall become
final and executory after the lapse of 5 days from their promulgation.)
NOTE: Under the new law (Automated and Election System Act), in case of valid
substitutions after the official ballots shall have been printed, the votes cast for the VOTES FOR CANDIDATES WITH DISQUALIFICATION CASE
substituted candidates shall be considered votes for the substitutes.
(1) Candidates who are disqualified by final judgment before the election shall
not be voted for and the votes cast for them shall not be counted.
(2) Those against whom no final judgment of disqualification had been
rendered may be voted for and proclaimed, unless on motion of the
complainant, the COMELEC suspends their proclamation because the
grounds for their disqualification or cancellation of their CoCs are strong.
The Commission shall promulgate the rules and regulations for the holding of such Section 11 (b) is limited in the duration of its applicability and
to assure its non-partisan character and the equality of access thereto by all enforceability. By virtue of the operation of Article IX (C) (4)
candidates. of the Constitution, Section 11 (b) is limited in its applicability
in time to election periods. Section 11 (b) does not purport in
MASS MEDIA ADVERTISING FOR CANDIDATES any way to restrict the reporting by newspapers or radio or
television stations of news or news worthy events relating to
candidates, their qualifications, political parties and programs
of government. Moreover, Section 11 (b) does not reach
commentaries and expressions of belief or opinion by
reporters or broadcasters or editors or commentators or
columnists in respect of candidates, their qualifications, and
programs and so forth, so long at least as such comments,
The Commission shall promulgate the rules and regulations for the holding of such to
cover only paid political advertisements of particular
particular candidates covertly paid for. In sum, Section 11 (b)
which all registered candidates for the same office may simultaneously and
officials shall hold over beyond June 30, 1992 and shall serve
until their successors shall have been duly elected and
qualified. The Supreme Court, quoting Corpus
JurisSecundum, states that “it is not competent for the
legislature to extend the term of officers by providing that
The poster shall no exceed 12 x 16 ft. or it equivalent.
they shall hold over until their successors are elected and
qualified where the constitution has in effect or by clear
implication prescribed the term and when the Constitution
fixes the day on which the official term shall begin, there is no
post, display or exhibit election propaganda.
serving for only two years and seven months, that is, from
November 30, 1992 to June 30, 1995, not three years.
equivalent
The law was also held violative of Sec. 9, Article IX of the Public Forum:
Constitution by changing the campaign period. RA 7056
provides for a different campaign period, as follows:
For President arid Vice-Presidential elections one hundred
thirty (130) days before the day of election.
For Senatorial elections, ninety (90) days before the day of
the election, and
For the election of Members of the House of Representatives
and local elective provincial, city and municipal officials forty-
five (45) days before the day of the elections.
may only be posted on authorized posting areas – such as campaign
headquarters, candidates‟ residences, common posted areas, etc. It also prohibits
is no clear and present danger. It likewise strikes at the freedom of the individual to
express his preference and support and sweeps too broadly invading the area of
property. That the law intends to equalize the playing field in favor of the poorer
regulation unduly infringes upon a citizen‟s right to free speech. There is no
protected freedoms. It is also too loosely worded such that even posting in one‟s
residence (non-candidate) or car is illegal. It infringes upon the lawful use of private
the exhibition of stickers and decals in mobile places such as vehicles. The
adequate government interest endangered that would justify the curtailment; there
The COMELEC promulgated Res. No. 2347 w/c provides that decals and posters
Osmena v. COMELEC
Republic Act 7056, which provides that: 1) all incumbent provincial, city and mun
officials shall hold over beyond June 30, 1992 and shall serve until their successor
have been duly elected and qualified, 2) shortens the term or tenure of office o
officials to be elected on the 2nd Monday of November, 1992, 3) different cam
XVIII, Sections 2 and 5 of the 1987 Constitution which provides for the synchronizati
national and local elections. The said law, on the other hand, provides for th
synchronization of election by mandating that there be two separate elections in
The term of “synchronization” in the mentioned constitutional provision was
synonymously as the phrase holding simultaneously since this is the precise int
terminating their Office Tenure on the same day or occasion. This common termi
date will synchronize future elections to once every three years.
R.A. No. 7056 also violated Sec. 2, Art. XVIII of the 1987 Constitution which provide
Adiong v COMELEC
the local official first elected under the Constitution shall serve until noon of Jun
1992. But under Sec. 3 of RA 7056, these incumbent local
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assure its non-partisan character and the equality of access thereto by all Exception: They are not prohibited from making any loan to a
candidates. candidate or political party if they are legally in the business of lending
money, and that the loan is made in accordance with laws and
B. ELECTORAL CONTRIBUTIONS AND regulations in the ordinary course of business;
EXPENDITURES What is contribution? 2. Natural and juridical persons:
As used in the Omnibus Election Code, the term contribution includes a a. Operating a public utility or in possession of or exploiting any
gift, donation, subscription, loan, advance or deposit of money or anything natural resources of the nation;
of value, or a contract, promise or agreement to contribute, whether or b. Who holds contracts or subcontracts to supply the government or
not illegally enforceable, made for the purpose of influencing the results any of its divisions, subdivisions or instrumentalities, with goods
of the elections. and services or to perform construction or other works;
c. Who have been granted franchises, incentives, exemptions,
It shall include the use of facilities voluntarily donated by other persons, allocations or similar privileges or concessions by the government
the money value of which can assessed based on the rates prevailing in or any of its divisions, subdivisions or instrumentalities, including
the area. GOCC;
d. Who, within one year prior to the date of the election, have been
What does contribution NOT include? granted loans in excess of P25,000 by the government, any of its
divisions, subdivisions or instrumentalities including GOCC.
Services rendered without compensation by individuals volunteering a
portion or all of their time in behalf of a candidate or political party. 3. Educational institutions which have received grants of public funds
amounting to no less than P100,000;
What is expenditure?
4. Officials or employees in the Civil Service, or members of the AFP; and
As used in the Omnibus Election Code, the term expenditure includes the
payment or delivery of money or anything of value, or a contract, promise 5. Foreigners and foreign corporations.
or agreement to make an expenditure for the purpose of influencing the
results to the election. What are prohibited soliciting of contributions?
It shall also include the use of facilities owned by the candidate, the money 1. It shall be unlawful for any person to solicit or receive any contribution from
value of the use of which can be assessed based on the rates prevailing in any of the person or entities enumerated above;
the area.
2. It shall be unlawful for any person, including a political party or public or
What are prohibited contributions? private entity to solicit or receive, directly or indirectly, any aid or
contribution of whatever form or nature from any foreign national,
Contributions that are made, directly or indirectly by any of the following: government or entity for the purpose of influencing the results of the
election.
1. Public or private financial institutions.
What are prohibited raising of funds? raising funds for an election campaign or for the support of any candidate
from the commencement of the election period up to and including election
It shall be unlawful: day; or
1. For any person to hold dances, lotteries, cockfights, games, boxing 2. For any purpose or organization, whether civic or religious, directly or
bouts, beauty contests, or other performances for the purpose of indirectly, to solicit and/or accept from any candidate for public office, or from
his campaign manager, agent or representative, or any person acting in What are prohibited donations by candidate?
their behalf, any gift, food, transportation, contribution or donation in cash
or in kind from the commencement of the election period up to and Who are prohibited: Candidate, his or her spouse or any relative within
including the election day. the 2nd degree of consanguinity or affinity, or his campaign manager,
agent, or representative. The prohibition applies to treasurers, agents or
What are excluded from the prohibitions? representatives of any political party.
Normal and customary religious stipend, titles, or collection on Sundays When does the prohibition apply: During the campaign period, on the
and/or other designated collection days. day before and on the day of the election.
What are the LIMITATIONS upon expenses? What are EXCLUDED from prohibited donations: Direct or indirect
donation, contribution or gift in cash or kind, or undertake or contribute to
The aggregate amount that a candidate or registered political party may spend for the construction or repair of roads, bridges, schoolhouses, puericulture
election campaign shall be as follows: centers, pavements, or any structure for public use or the use of any
religious or civic organizations, such as religious stipends, titles or
For candidates – for every voter currently registered in the constituency collections on Sundays or other designated collection days, as well as
where he filed his certificate of candidacy: periodic payments for legitimate scholarships established and school
a. President and Vice-President – Ten pesos; contributions habitually made before the prohibited period.
b. For other candidates – Three pesos;
c. Candidate without any political party and without support Statement of contributions and expenditures:
from any political party – Five pesos;
Time for filing – Every candidate and treasurer of a political party shall,
For political parties – Five pesos for every voter current registered in the within 30 days after the day of the election, file in duplicate with the offices
constituency or constituencies where it has official candidates. of the Commission, full, true and itemized statements of all contributions
and expenditures in connection with the election.
Any provision of law to the contrary notwithstanding, any contribution in cash or in It shall be the duty of every city or municipal election registrar to advise in
kind to any candidate or political party or coalition of parties for campaign writing, by personal delivery or registered mail within 5 days from the date
purposes, duly reported to the Commission shall not be subject to the payment of of election all candidates residing in his jurisdiction to comply with their
any gift tax. obligation to file their statements of contributions and expenditures.
Effect of failure to file – No person elected to any public office shall enter
upon the duties of his office until he has filed the statement of contributions
and expenditures above required. The same prohibition shall apply if the
political party which nominated the winning candidate fails to file the
statement required within the period prescribed by the Act.
o The fine shall be paid within 30 days from receipt of notice of such
failure; otherwise, it shall enforceable by a writ of execution issued
by the Commission against the properties of the offender;
o For the commission of a second or subsequent offense, the
administrative fine shall be from P2,000 to P60,000, in the The COMELEC shall require publication of the petition for registration or
discretion of the Commission. In addition, the offender shall be
accreditation in at least three newspapers of general circulation and shall,
subject to perpetual disqualification to hold public office.
after due notice and hearing, resolve the petition within 15 days from the
date it is submitted for decision.
C. POLITICAL PARTIES
Nomination and Selection of official candidates:
What is the meaning of political party under the
No political convention or meeting for the nomination or election of the
Code?
official candidates of any political party or organization or political groups
or coalition thereof shall be held earlier than the following periods:
Political party or party means an organized group of persons pursuing the
same ideology, political ideas or platforms of government and includes its
o For President, Vice-President, and Senators – 165 days before
branches and divisions. This requires that the group be joined in a party the day of the election; and
corporate, articulate with the attributes of social personality, set of by-laws,
rules, or charter, or agreement as to how the group shall function, be
o For members of the House of Representatives and elective
presided over and express its collective will. provincial, city or municipal official – 75 days before the day of
the election
A political party may refer to a local regional or national party existing and
duly registered and accredited by the COMELEC. Disputes as to party nominations:
Decision as to which member shall be nominated as its candidate a
Registration of political parties: party concern; not cognizable by courts
To acquire juridical personality, qualify it for subsequent accreditation, and A political party has the right to identify the people who constitute the
entitle it to right and privileges granted to political parties, a political party association and to select a standard bearer who represents their
shall first be duly registered with the COMELEC. ideologies and preference
Any registered political party that, singly or in coalition with other, fails to Political parties are free to conduct their internal affairs free from judicial
obtain at least 10% of the votes cast in the Constituency in which it supervision (judicial restraint)
nominated and supported a candidate or candidates in the election next
following its registration shall, after notice and hearing, be deemed to have No controlling statute or clear legal right = no jurisdiction of the court but
forfeited such status as a registered political party in such Constituency. can leave the matter to the proper tribunals of the party itself or to the
electorate
Any organized group of persons seeking registration as a national or
regional political party may file with the COMELEC a verified petition In determining whether an irregularity in nomination of a winning candidate
attaching thereto its Constitution and by-laws, platforms or program of prevented the free expression of public will, it must appear that
government and such other relevant information as may be required by the noncompliance with the law did not prevent a fair and free vote.
Commission. The Commission shall after due notice and hearing, resolve
the petition within 10 days from the date it is submitted for decision. Intra-party leadership and membership disputes:
No religious sect shall be registered as a political party and no political COMELEC may intervene only to exercise its constitutional powers
party which seeks to achieve its goal through violence shall be entitled to (incident to its power to register political parties)
accreditation.
o Ascertain identity of political party and it legitimate officers
responsible for it acts o Register political parties determine who may act on its behalf
COMELEC can‟t intervene in the expulsion of a member i. National party – when its constituency is spread over the
geographical territory of at least a majority of the regions.
The party-list system
ii. Regional party – when its constituency is spread over the
Constitutional provision – Section 5(1) of Article VI of the Constitution: geographical territory of at least a majority of the cities
“The House of Representatives shall be composed of not more and provinces comprising the region.
than two hundred and fifty members, unless otherwise fixed by
law, who shall be elected from legislative districts apportioned o Sectoral party – organized group of citizens belonging to any of
among the provinces, cities, and the Metropolitan Manila area in the sectors enumerated in Section 2 of the Act hereof whose
accordance with the number of their respective inhabitants, and on principal advocacy pertains to the special interests and concerns
the basis of a uniform and progressive ratio, and those who, as of their sector.
provided by law, shall be elected through a party-list system of
registered national, regional, and sectoral parties or o Sectoral organization – a group of citizens or a coalition of
organizations.” groups of citizens who share similar physical attributes or
characteristics, employment, interests or concerns.
Implementing law – RA 7941: Provides for the election of party-list
representatives through the party-list system and requires the Commission o Coalition –aggrupation of duly registered, national, regional,
to undertake various activities within the prescribed periods which sectoral parties or organizations for political and/or election
activities are difficult to accomplish within the periods prescribed therein. purposes.
Definition of terms – Under RA 7941: Registration – Under COMELEC Resolution No. 2847 (June 25, 1996)
o Party-list system – mechanism of proportional representation in o Any organized group of persons desiring to participate in the party-
the election of representatives to the House of Representative list systems as a national, regional or sectoral party or
from national, regional, and sectoral parties, organizations and organization or a coalition of such parties or organizations may
coalitions thereof registered with the COMELEC. Component register as a party, organization, or coalition, by filing with the
parties or organizations of a coalition may participate Commission, not later than 180 days before the election, a petition
independently provided the coalition of which they from part does verified by its president or secretary, attaching thereto its
not participate in the party-list system. Constitution, by-laws, platforms or program of government, list of
officers, coalition agreement and other relevant information as the
o Party – either a political party or sectoral party or a coalition of Commission may require.
parties,
o The sectors shall include labor, peasant, fisherfolk, urban poor,
o Political party – organized group of citizens advocating an indigenous cultural communities, elderly, handicapped, women,
ideology or platform, principles and policies for the general youth, veterans, overseas workers, and professionals.
conduct of government and which, as the most immediate means
of securing their adoption regularly nominates and supports Petition and manifestation; filing fee – Every petition or manifestation
certain of its leaders and members as candidates for public office. shall be filed by any authorized representative of the political or sectoral
party, organization, coalition thereof with any of the following offices of the
Commission:
4. A party or an organization must not be disqualified under Section 6 of RA 7941. KINDS OF ELECTION
5. The party or organization must not be an adjunct of, or a project organized or 1. GENERAL ELECTION – for the election of offices throughout the state or
an entity funded or assisted by, the government. certain subdivisions thereof, after the expiration of the full term of the
6. The party must not only comply with the requirements of the law; its nominees former officers.
must likewise do so. 2. REGULAR ELECTION – an election, national or local, held at regular
intervals on such dates provided by law
7. Not only the candidate party or organization must represent marginalized and 3. SPECIAL ELECTION – under special circumstances; Held to fill vacancy
underrepresented sectors; so also must its nominees. To repeat, under Section 2 in office before the expiration of the full term for which the incumbent was
of RA 7941, the nominees must be Filipino citizens “who belong to marginalized elected, or an election at which some issue or proposition is submitted
and underrepresented sectors, organizations and parties.” to the vote of the qualified electors.
8. As previously discussed, while lacking a well-defined political constituency, the PURPOSE OF ELECTION To give the people a direct participation in the affairs
nominee must likewise be able to contribute to the formulation and enactment of of this government; it is essential that all of the legal voters be permitted to cast
appropriate legislation that will benefit the nation as a whole.” their ballots
After election, they are directory only, if possible, specially if making them
mandatory would cause voters to be deprived on their votes without any
fault on their part
If the law says that a certain irregularity causes the ballot to be invalid, provision is mandatory
condition precedent; there must be substantial compliance to fairly and
If such departure from the laws in due to an honest mistake or reasonably say that the purpose of the statute has been carried out
misinterpretation of election law, the law is directory and departure is a
harmless irregularity Sufficiency of notice determined on whether the voters generally have
knowledge of the time, place and purpose of the elections so as to give
Statutes providing for election contests are to be liberally construed to the them full opportunity to attend the polls and express their will
end that the will of the people in the choice of public officers may not be
defeated by mere technical objections DATE OF ELECTION UNDER THE LAW
AUTHORITY FOR HOLDING ELECTION In accordance with the Constitutional policy to synchronize elections so
that there shall be simultaneous regular elections for national and local
In order to hold a valid election, authority so to hold it must be found officials every three years;
conferred by the people, either directly through the Constitution which they
have themselves ordained, or indirectly, through the enactment of their Ra 7166 – provided for an election for president, vice-president, 24
legal representatives, the legislature. senators, all elective members of the House of Rep., and at elective
provincial, city and municipal officials on the second Monday of May, 1992.
TIME OF HOLDING ELECTION Thereafter, the President, vice shall be elected on the same day every 6
years;
Such time must be fixed by authoritative power;
Same – while senators, members of the house and all elective provincial,
Either the people in their Constitution and laws in the case of regular city and municipal official shall be elected on the same say every three
elections of the executive or other designated power in the case of special years, except that with respect to senators, only 12 shall be elected;
elections;
Barangay officials – shall have a term of five years; elected on second
Enactments declaring the time at which an election shall be held are Monday of May 1994; shall be elected every five years thereafter.
deemed to be matters of substance and must be substantially observed or
the election will be void. POSTPONEMENT OF ELECTION
Substantial observance is sufficient and slight variation will not invalidate For any serious cause such as
the election. (e.g. closing the polls a few minutes or an hour before time 1. Violence
fixed, will not invalidate where no one offered to vote after the polls were 2. Terrorism
closed). 3. Loss or destruction of election paraphernalia or records
4. Force majeure
NOTICE OF ELECTION 5. Other analogous causes of such nature
6. That the holding of a free, orderly and honest election should
Essential to the validity of the election; actual or constructive notice as to become impossible in any political subdivision
the time, place and purpose 7. The Commission may motuproprio or upon a verified petition
postpones the election.
Substantial compliance with notice requirement Stricter in cases of 8. The commission shall fix a new election to a date which should be
special elections called by some authority after the happening of a reasonably close to the date of the election not held, suspended or
which resulted in a failure;
9. The date should be set not later than thirty days after the
cessation of the cause for such postponement or suspension of FAILURE OF ELECTION
the election or failure to select.
The comelec may election the power to declare a failure of elections
THERE ARE ONLY THREE INSTANCES WHEN A FAILURE OF MUTO PROPRIO OR UPON A VERIFIED PETITION.
ELECTION MAY BE DECLARED:
The hearing of the case shall be SUMMARY IN NATURE.
If on account of force majeure, violence, terrorism, fraud, or other
analogous causes: FIXING THE DATE FOR SPECIAL ELECTIONS
1. The election is any polling place has not been held on the date “result of election” the net result of the election in the rest of the
fixed; precincts in a given constituency, such that if the margin of a leading
2. Had been suspended before the hour fixed by law for the closing candidate over that of his closest rival in the latter precincts is less than
of the voting; the total number of votes in the precinct where there was a failure of
3. After the voting and during the preparation and the transmission of election, then such failure would certainly affect the result of the election,
the election returns or in the custody or canvass thereof, such hence a special election must be held.
election results in a failure to elect, and in any of such cases the
failure or suspension of election would affect the result of the Requirements as to date
election;
o Should not be later than 30 days after the cessation of the cause
…The comelec shall, on the basis of a verified petitioner by any interested of the postponement or suspension of the election or the failure to
party and after due notice and hearing, call for the holding or continuation elect
of the election not held, suspended or which resulted in a failure to elect
on a date reasonably close to the date of the election not held…but shall o Should be reasonably close to the date of the election not held,
not be later that 30 days after the cessation of the election or failure to suspended or which resulted in a failure to elect
elect.
PLACE OF HOLDING ELECTION
BEFORE THE COMMISSION CAN ACT ON A VERIFIED PETITIONER
SEEKING TO DECLARE A FAILURE OF ELECTION, THREE CONDITIONS That the place of holding the election shall be fixed, either by the general
MUST CONCURR: law or by the proclamation or notice by which the election is called;
1. No voting has taken place or even of there was voting, the election Enactments fixing the place of holding the election are properly to be
nevertheless results in failure to elect; regarded as mandatory, and any substantial variation must invalidate the
2. The votes not cast would affect the result of the election; election.
3. The cause of such failure of election should have been force majeure,
violence, terrorism, fraud or other analogous causes. HOLDING OF ELECTION BY PROPER OFFICERS
The third condition is an important consideration for where the property of That they shall be conducted by certain officers, elected or chosen by
a pre-proclamation controversy ends, there may begin the realm of a certain methods, and that the result shall be ascertained and published in
special action for declaration of failure of elections. a manner prescribed.
That the manner prescribed is intended simply to secure the correct result, A. CASTING OF VOTES
and that the manner is clearly subservient to the result;
METHOD OF VOTING
In elections the great matter is the result. When this is clearly ascertained,
it sweeps away all technicalities; 1. Voter must vote in person
2. Voter must vote only once
The machinery provided should be observed, but in so far as it is not 3. Voter need not vote the whole ticket
necessary to determine the result, it is directory and mandatory; 4. Absentee voting – RA 7166 – For president, vice-president and senators
only and shall be limited to AFP and PNP and other government officers
In pursuance of this idea, therefore, it is generally held that the regulations and employees who are duly registered voters and who, on election day
prescribed are directory merely, and that a failure to observe them fully will may temporarily be assigned in connection with the performance of
not invalidate the election, where an election has been held in good faith election duties to places were they are not registered voters.
and the irregularities do not affect the result;
VOTING HOURS
Where a special election is provided for, but no method of holding it is
declared, it will be sufficient if held in the method prescribed for holding Starts at 7am and ends at 3pm, except when there are voters present
general elections. within 30 meters in front of the polling place who have not yet cast their
votes, in which case the voting shall continue but only to allow said voters
OFFICIAL WATCHERS to cast their votes without interruption.
Every political party or coalition of political parties, and every candidate MANNER OF PREPARING THE BALLOT
shall be each entitled to one watchers in every polling place and
canvassing center; Voter can‟t speak to anyone inside polling place
Those belonging to the same political slate or ticker shall collectively be It is unlawful to prepare the ballot outside the voting booth or to show its
entitled to only one watcher – Panlalawigan, Panglungsod and bayan contents to any person or to erase any printing from the ballot or
intentionally tear or deface the same or put any distinguishing mark
There shall be 6 principal watchers, representing 6 accredited major
political parties, who shall be designated by the comelec upon nomination; Note: the May 10, 2010 automated elections required a bigger ballot
because of the number of national candidates (78) and party-lists (187)
The political parties shall be determined by the comelec on the basis of
the following circumstances: The voter may voluntarily disclose the contents of his ballot.
1. Established record of the said parties; their showing in the past
elections;
2. Number of incumbent elective officials belonging to them 90 days
before date of election;
PREPARATION OF BALLOTS FOR ILLITERATES AND DISABLED
A voter who is illiterate or physically unable to prepare the allot by himself the time of voting it, third persons will not be permitted to testify as to its
may be assisted in the preparation of his ballot by a relative by affinity or purport;
consanguinity within the 4th civil degree; or if none,
But although the legal voter cannot be compelled to disclose how he
By any person of his confidence who belongs to the same household or voted, he may, if he chooses, waive his privilege of secrecy, and
any member of the board of election inspectors, except the two party voluntarily disclose the contents of his ballot.
members;
VOTERS IN CITIES
No voter shall be allowed to vote as illiterate or physically disabled unless
it is so indicated in his registration record; Registered voters of highly urbanized city shall not vote in the election for
provincial officials of the province in which it is located;
In no case shall an assistor assist more than 3 times except the non-party
member of the boards of election inspectors. No component city shall be declared or classified as a highly urbanized
city within 60 days prior to a local election;
SPOILED BALLOTS
The registered voter s of a component city shall be entitled to vote in the
If a voter accidentally spoil or deface a ballot in such a way that it cannot election for provincial officials of the province to which it is a part, unless
lawfully be used, he shall surrender it folded to the chairman who shall its charter provides otherwise.
note in the corresponding space in the voting record that said ballot which
the chairman shall give him after announcing the serial number of the
second ballot and recording said serial number of the second ballot and
recording said serial number of the second ballot and recording said serial ABS-CBN v. COMELEC
number in the corresponding spaces in the voting record;
An exit poll is a species of electoral survey conducted by
No voters shall be change his ballot more than twice; qualified individuals or groups of individuals for the purpose
of determining the probable result of an election by
The spoiled ballot shall, without being unfounded and without removing confidentially asking randomly selected voters whom they
the detachable coupon, be distinctly marked with the word “spoiled” and have voted for, immediately after they have officially cast
signed by the board of election inspectors or the indorsement fold thereof
their ballots. The results of the survey are announced to the
and immediately placed in the compartment for spoiled ballots.
public, usually through the mass media, to give an advance
BALLOT IMPLIES SECRECY overview of how, in the opinion of the polling individuals or
organizations, the electorate voted. In our electoral history,
The idea of secret ballots lies at the very foundation of our system of exit polls had not been resorted to until the recent May 11,
popular elections, and the courts are zealous in securing its protection. 1998 elections.
It is settled that a legal voter will not be compelled to disclose for whom he The reason behind the principle of ballot secrecy is to avoid
voted; vote buying through voter identification. Thus, voters are
prohibited from exhibiting the contents of their official ballots
Not only will the legal voter not be compelled to disclose it for whom he to other persons, from making copies thereof, or from
voted, but, unless he has himself made the contents of his ballots public at putting distinguishing marks thereon so as to be identified.
VOTING Also proscribed is finding out the contents of the ballots cast
by particular voters or disclosing those of disabled or illiterate
After filling the ballot, the voter shall fold it in the same manner he received voters who have been assisted. Clearly, what is forbidden is
the association of voters with their respective votes, for the
purpose of assuring that the votes have been cast in
cannot, however, be achieved merely through the voters'
verbal and confidential disclosure to a pollster of whom they
have voted for.
1. Where only the 1st name of a candidate or only his surname is written, the 2. Where only the 1st name of a candidate is written on the ballot, which
when read, has a sound similar to the surname of another candidate, the 8. A name or surname incorrectly written which, when read, has a sound
vote shall be counted in favor of the candidate with such surname. If there similar to the name or surname of a candidate when correctly written shall
are 2 or more candidates with the same full name, first name or surname be counted in his favor
and one of them is the incumbent, and on the ballot is written only such full
name, first name or surname, the vote shall be counted in favor of the 9. When a name of a candidate appears in a space of the ballot for an office
incumbent for which he is a candidate and in another space for which he is not a
candidate, it shall be counted in his favor for the office for which he is a
3. In case the candidate is a woman who uses her maiden or married candidate and the vote for the office for which he is a candidate shall be
surname or both and there is another candidate with the same surname, a considered as stray, except when is used as a means to identify the voter,
ballot bearing only such surname shall be counted in favor of the in which case, the whole ballot shall be void.
candidate who is an incumbent
If the words written on the appropriate blank on the ballot is the identical
4. When 2 or more words are written on the same line on the ballot, all of name or surname of full name, as the case may be, of 2 or more
which are the surnames of 2 or more candidates, the same shall not be candidates for the same office none of whom is an incumbent, the vote
counted for any of them, unless one is a surname of an incumbent who shall be counted in favor of that candidate to whose ticket belong to all the
has served for at least 1 year in which case it shall be counted in favor of other candidates for in the same ballot for the same constituency.
the latter
10. When in space in the ballot there appears a name of a candidate that is
5. When 2 or more words are written on different lines on the ballot all of erased and another clearly written, the vote is valid for the latter.
which are the surnames of 2 or more candidates bearing the same
surname for an office for which the law authorizes the election of more 11. The erroneous initial of the 1st name which accompanies the correct
than one and there are the same number of such surnames written as surname of a candidate, the erroneous initial of the surname
there are candidates with that surname, the vote shall be counted in favor accompanying the correct 1st name of a candidate, or the erroneous
of all the candidates bearing the surname middle initial of the candidate shall not annul the vote in favor of the latter.
6. When on the ballot is written a single word which is the 1 st name of a 12. The fact that there exists another person who is not a candidate with the
candidate and which is at the same time the surname of his opponent, the 1st name or surname of a candidate shall not prevent the adjudication of
vote shall be counted in favor of the latter (opponent) the vote of the latter.
7. When 2 words are written on the ballot, one of which is the 1 st name of the 13. Ballots which contain prefix such as “Sr.”, “M.”, “Datu”, “Don”, “Ginoo”,
candidate and the other is the surname of his opponent, the vote shall not “Hon.”, “Gob.” or suffixes like “Hijo”, “Jr.,” “Segundo” are valid.
be counted for either
14. The use of the nicknames and appellations of affection and friendship, if
accompanied by the 1st name or surname of the candidate, does not annul
such vote, except when they were used as a means to identify the voter, in
which case the whole ballot is invalid. If the nickname used is
unaccompanied by the name or surname of a candidate and the one by
which he is generally or popularly known in the locality, the name shall be
counted in favor of said candidate, if there is no other candidate for the
same office with the same nickname.
15. Any vote containing initials only or which is illegible or which does not 16. If on the ballot is correctly written the 1st name of a candidate but with a
sufficiently identify the candidate for whom it is intended shall be different surname, or the surname of the candidate is correctly written but
considered as a stray vote but shall not invalidate the whole ballot with different first name, the vote shall not be counted in favor of any
candidate having such first name and/or surname but the ballot shall be
considered valid for the candidates
24. Any ballot which clearly appears to have been filled by 2 distinct persons
17. Any ballot written with crayon, lead pencil, or in ink, wholly or in part, shall before it was deposited in the ballot box during the voting is totally null and
be valid. void.
18. Where there are 2 or more candidates voted for in an office for which the 25. Any vote cast in favor of a candidate who has been disqualified by final
law authorizes the election of only one, the vote shall not be counted in judgment shall be considered as stray and shall not be counted but it shall
favor of any of them, but this shall not affect the validity of the other votes not invalidate the ballot
therein.
26. Ballots written in Arabic in localities where it is of general use are valid. To
19. If the candidates voted for exceed the number of those to be elected, the read them, the board of election inspectors may employ an interpreter who
ballot is valid, but the votes shall be counted only in favor of the shall take an oath that he shall read the votes correctly
candidates whose names were firstly written by the voter within the spaces
provided for said office in the ballot until the authorized number is covered. 27. The accidental tearing or perforation of a ballot does not annul it
20. Any vote in favor of a person who has not filed a certificate of candidacy or 28. Failure to remove the detachable coupon from a ballot does not annul it
in favor of a candidate for an officer for which he did not present himself
shall be considered as a stray vote but it shall not invalidate the whole 29. A vote for the President shall also be a vote for the Vice President running
ballot under the same ticket of a political party, unless the voter votes for a Vice
President who does not belong to such party
21. Ballots containing the name of a candidate printed and pasted on a blank
space of the ballot or affixed thereto through any mechanical process are Final judgment before the election for the votes of a disqualified candidate
totally null and void to be considered “stray” is required
22. Circles, crosses or lines put on the spaces on which the voter has not
voted shall be considered as signs to indicate his desistance from voting
and shall not invalidate the ballot
Villarosa v HRET
23. Unless it should clearly appear that they have been deliberately put by the
voter to serve as identification marks, commas, dots, or hyphens between A candidate for Representative, used the initials or nickname
the 1st name and surname of a candidate, or in other parts of the ballots, of her husband as her nickname or stage name. Petitioner‟s
traces of the letter “T,”, “J”, and other similar ones, the 1 st letters or use of the initials of her husband as her nickname or stage
syllables of names which the voter does not continue, the use of 2 or more name was attended by bad faith and malice hence such act
kinds of writing and unintentional or accidental flourishes, strokes, or was not allowed. The Rule allows the use of a) a nickname
strains, shall not invalidate the ballot and appellation of affection and friendship, provided that it is
accompanied by the first name or surname of the candidate,
unless the nickname or appellation is used to identify the
voter; and b) a nickname, which is not accompanied by the
name or surname of a candidate provided that it is the one by
which the candidate is generally or popularly known in the
locality. In the case at bar, the candidate did not satisfy the 2
conditions hence votes under the initials cannot be counted
as her vote. Also there are 3 kinds of votes are considered
stray 1) vote containing initials only; 2) vote which is illegible;
3) a vote which does not sufficiently identify the candidate for
whom it is intended. The 1st category of stray votes under this
votes in initials only may be counted for a candidate provided
that the initials only may be counted for a candidate provided
that the initials would sufficiently identify the candidate voted
for. Such
co The utmost liberality of construction must be observed in reading the ballots
th nst
e ru with a view to giving effect to the intention of the voters.
fir cti
st o
ca n o The minor blemishes found on the ballots including errors in spelling, the
te f
g o th casual making of blurs and erasures, can be considered as affecting the
ry e r
fro ule validity of the ballot, where an honest intention on the part of the voter to
m fa vote for certain persons is discernible in the ballot. With respect to errors of
th ils
e spelling or lack of fitness in the written name, it may be said that no honest
se to g
co iv mistake, due to ignorance or literacy, should be permitted to defeat the
nd e m
,a e intention of the voter; the utmost liberality of construction must prevail.
nd an
th ing
e
se to t QUESTION OF FACT – The appreciation of contested ballots and election
co he documents involves a question of fact best left to the determination of the
nd d
fro isju COMELEC;
m nc
th tiv It is the Constitutional commission vested with the exclusive original
e ec
th o jurisdiction over election contests involving regional, provincial and city
ird nju
nc officials, as well as appellate jurisdiction over election protests involving
ti on elective municipal and barangay officials.
OR
se
pa
r ati
ng
The purpose of election laws is to give effect to, rather than frustrate, the
will of the voter.
BOARD OF CANVASSERS – there shall be a board of canvassers for each CONTROL AND SUPERVISION OF THE COMMISSION OVER THE BOARD
province, city and municipality
Pursuant to its administrative functions, COMELEC has direct control and
PROVINCIAL BOARD OF CANVASSERS supervision over the board of canvassers and its proceedings.
1. Provincial election supervisor or a lawyer in the regional office of
COMELEC – as chairman; It has the power to investigate and act on the propriety or legality of the canvass
2. Provincial fiscal – as vice chairman of election returns made by the board of canvassers.
3. Provincial superintendent of schools – as member
Power of Commission plenary. Power of COMELEC over the board is plenary
CITY BOARD OF CANVASSERS and not from its appellate jurisdiction hence a superior body or office having
1. City election registrar or a lawyer of the COMELEC – chairman; supervision and control over another may do directly what the latter is supposed
2. City fiscal – vice chairman to do or ought to have done.
3. City superintendent of schools – member
Power of Commission ministerial. The function of a canvassing board in the
In cities and more than one election registrar, the COMELEC shall canvass of returns is purely MINISTERIAL in nature.
designate the election registrar who shall act as chairman.
Equally ministerial is the function of the Comelec on the exercise of its
MUNICIPAL BOARD OF CANVASSERS supervisory power over said board, pursuant to the Constitution and laws.
1. Election registrar or representative of the COMELEC – chairman
2. Municipal treasurer – vice-chairman
3. Most senior district school supervisor or in his absence a principal of the
Power to see board perform its proper functions. The board of 2. Majority vote of all the members of the board of canvassers shall be
canvassers is a ministerial body. It has been said, and properly, that its necessary to render a decision
powers are limited generally to the mechanical or mathematical function of 3. The board of canvassers shall meet not later than 6 pm of the election day
ascertaining and declaring the apparent result of the election by adding or at the place designated to receive the election returns and to immediately
compiling the votes cast for each candidate as shown on the face of the canvass those that may have already been received;
returns before them, and then declaring or certifying the result so 4. The board of canvassers shall meet continuously from day to day until the
ascertained. canvass is completed, and may adjourn but not only for the purpose of
awaiting the other elections returns from the other polling places within its
Power to annul canvass. The statutory power of supervision and control by jurisdiction.
the COMELEC over the boards of canvasser includes the power to revise, a. Each time the board adjourns, it shall make a total of all the votes
reverse, and set aside the action of the boards. It is within the legitimate canvassed so far for each candidate for each office, furnishing the
concerns of COMELEC to annul a canvass or proclamation based on COMELEC in Manila by the fastest means of communication a
incomplete returns, or on incorrect or tampered returns, a canvass or certified copy thereof, and making available the data contained
proclamation made in an unauthorized meeting of the board of canvassers therein to the mass media and other interested parties
either because it lacked a quorum or because the board did not meet at all. b. As soon as the other election returns are delivered, the board shall
Neither Constitution nor statute has granted COMELEC or board of immediately resume canvassing until all the returns have been
canvassers the power, in the canvass of election returns, to look beyond the canvassed
face thereof, once satisfied of their authenticity. c. A canvass cannot be reflective of the true vote of the electorate
unless all the returns are considered.
CANVASS BY THE BOARD 5. Subject to reasonable exceptions, the board of canvassers must complete
their canvasses within otherwise violation of this requirement shall be a
1. Proceedings of the board of canvassers shall be open and public punishable election offense.
a. 36 hrs in municipalities
b. 48 hrs in cities All candidates shall be notified in writing, before the election, of the number
c. 72 hrs in provinces of committees to be constituted so that they can designate their watchers in
6. The respective board of canvassers shall prepare a certificate of canvass each committee
duly signed and affixed with the imprint of the thumb of the right hand of
each member, supported by a statement of the votes received by each The committees shall be under the direct supervision and control of the
candidate in each polling place. A certificate of canvass and proclamation board.
bearing only one valid signature is void.
RECOUNT OF VOTES CAST IN CASE OF DISCREPANCIES IN ELECTION
Note: in the May 10, 2010 automated elections Precinct Count Optical Scan RETURNS
(PCOS) machines were used from vote counting to election results canvassing.
After automatically counting the votes, the PCSO electronically transmitted the Recount of votes is in order where a discrepancy exists between the votes
results to the canvassing centers. written in words or in figures.
CANVASSING COMMITTEES RECOUNT merely consists in the mathematical counting of the votes
received by each candidate and it does not involve any appreciation of
The board of canvassers may Constitute such number of canvassing ballots or the determination of their validity as in required in an election
committees as may be necessary to enable the board to complete the contest. Reason: to offer a prompt relief to a simple controversy and to
canvass within the period prescribed; restore public tranquility by dispelling all doubts as to the true and correct
number of the votes cases in a given polling place.
Each committee shall be composed of 3 members, each member to be
designated by the chairman and members of the board.
PROCLAMATION BY THE BOARD different results.
Presumption of Regularity. The proclamation of a candidate as the Where a PROCLAMATION IS NULL AND VOID as where it is based on
winner is a ministerial duty of the canvassing board. It enjoys the faulty or erroneous tabulation, statement of votes which contains
presumption of regularity. To destroy the presumption, the protestant erroneous entities, or an incomplete canvass, or a canvass that should
must convincingly show that the protestee‟s victory was procured through have been suspended with respect to the contested election retains or a
extra-legal means. canvass that included unsigned election returns or outrightly excluded
election returns involving such number of votes as will affect te outcome of
The board shall proclaim as elected the candidates who obtained the the election, - it is no proclamation at all and the proclaimed candidate‟s
highest number of votes cast in the province, city, municipality or assumption of office cannot deprive the COMELEC of the power to declare
barangay ON THE BASIS OF THE CERTIFICATES OF CANVASS; such nullity and annul the proclamation.
Failure to comply Constitutes an ELECTION OFFENSE;
o The proclaimed candidate may assume office on the strength of
There is no provision in our election laws which requires that a majority the proclamation of the Board of Canvassers but he is only a
of registered voters must cast their votes. All that is required is that a presumptive winner who assumes office subject to the final
winning candidate must be elected by a PLURALITY OF VALID VOTES outcome of the election protest.
regardless of the actual number of ballot‟s cast.
o Although the COMELEC possesses the power to annul and
Exhaustion of powers of board. Having once met and fully completed its suspend the proclamation of any candidate, it is without power to
duty, the powers of the board are exhausted and it cannot again meet partially or totally annul a proclamation or suspend the effects of a
and re-canvass the votes or reverse their prior decision and announce a proclamation without NOTICE AND HEARING.
o Due process in quasi-judicial proceedings before the COMELEC warrant the reception of evidence aliunde and the presentation of
requires due notice and hearing. The proclamation of a winning witnesses and the delays necessarily entailed thereby. Otherwise, the
candidate cannot be annulled if he has not been notified of the paralization of canvassing and proclamation leading to vacuum in an
motion to set aside his proclamation important office could easily be brought about.
A suspension of proclamation pending determination of a petition for Where it has been duly determined by the COMELEC after
disqualification against a winning candidate is PROVISIONAL in nature INVESTIGATION AND EXAMINATION OF THE VOTING AND
and can be LIFTED WHEN THE EVIDENCE SO WARRANTS. It is akin to REGISTRATION RECORDS that the actual voting election by the
a TRO which a court can issue ex parte under exigent circumstances. registered voters had taken place in the questioned precincts, the
election returns cannot be disregarded and excluded with the resulting
Note: RA 8295 provides for the automatic proclamation of a lone candidate for any disenfranchisement of the voters but be ACCORDED PRIMA FACIE
elective public office. This electoral reform would save the government time, STATUS AS BONA FIDE REPORTS OF THE RESULT OF THE
expense and effort of conducting an election for a position contested by only one VOTING for canvassing and proclamation purposes.
candidate.
To allow a respondent in the COMELEC to raise belated questions
PRINCIPLES GOVERNING CANVASS PROCEEDINGS (RULING OF SC) concerning returns at any time during the pendency of the case of
review before the COMELEC notwithstanding that he has not originally
*Controversies arising from the canvass must be resolved speedily, otherwise, the raised such questions before the canvassing board and only when he
will of the electorate would be frustrated. finds his positions endangered would mean undue delays in pre-
proclamations proceedings before the Comelec.
Canvass proceedings are ADMINISTRATIVE AND SUMMARY IN
NATURE, and a strong prima facie case backed up by a specific offer of
evidence and indication of its nature and importance has to be made out to
Alleged irregularities, such as the omissions of the COMELEC in the genuine, as where several entries were omitted in the questioned
distribution and protection of the election forms and paraphernalia, involve election return, the doctrine does not apply. The COMELEC has
the discharge of its administrative duties and so do not come under the the power to determine if there is a basis for the exclusion of the
jurisdiction of the Supreme Court, which can review the decisions of the controverted election returns.
body only in cases of grave abuse of discretion committed by it in the
discharge of its quasi-judicial powers. It is settled jurisprudence that the COMELEC can suspend the canvass of
votes pending its inquiry whether there exists a discrepancy between the
As long as the returns appear to be authentic and duly accomplished on various copies of election returns from the disputed voting centers.
their face, the Boards of Canvassers cannot look beyond or behind them to
verify allegations of irregularities in the casting or the counting of the votes. o Once the election returns were found to be falsified or tampered
with, the COMELEC can annul the illegal canvass and order the
o Technical examination of voting paraphernalia involving analysis and Board of Canvassers to reconvene and proclaim the winner on the
comparison of voter‟s signatures and thumbprints thereon is basis of genuine returns or, if it should refuse, replace the
prohibited in PRE-PROCLAMATION without involving evidence members of the board or proclaim the winners itself.
aliunde and examinations of voluminous documents which take up
much time and cause delay in defeat of the public policy underlying An incomplete canvass of votes is illegal and cannot be the basis of a
the summary nature of pre-proclamation controversies. subsequent proclamation. A canvass cannot be reflective of the true vote
of the electorate unless all returns are considered and none is omitted.
o But when there is a prima facie showing that the return is not However, this true only where the election returns missing or not counted
will affect the results of the election.
distributed as follows.(Sec 26. RA 9369, Automated Election System)
Agujetas vs CA o 1st copy shall be delivered to the provincial board of canvassers
for use in the canvass of election results for President, Vice-
Chairman and vice-chairman and a 3rd member of the Provincial Board of President, senators, members of the House of Representatives,
Canvassers failed to proclaim as elected Sangguniang Panlalawigan member the parties, organization or coalitions participating under the party-
list system and elective provincial officials
candidate who obtained the 8th highest number of votes cast but instead
proclaimed another candidate who obtained a lesser number of votes. There was o 2nd copy – sent to the COMELEC;
failure to proclaim the winning candidate. The 3 members of the PBC could not o 3rd copy – kept by chairman of the board
attribute to the Committee on Tabulation the blame for their errors as the PBC o 4th copy, to the citizen's arm designated by the COMELEC to
members themselves were the ones who certified under oath the said Certificate conduct an unofficial count. It shall be the duty of the citizen‟s
of Proclamation and the Tabulation Committee members were totally under their arm to furnish independent candidates‟ copies of the
direct supervision and control. WON the Board of Canvassers became functus certificate of canvass at the expense of the requesting party
oficio after it proclaimed the winning candidate is beside the point. What matters is o 5th copy, to Congress, directed to the President of Senate
WON petitioners committed an election offense, in the case at bar petitioners o 6th copy, posted on a wall within the premises of the canvassing
centers
committed an election offense.
o 7th and 8th copies shall be given to the dominant majority and
minority parties
o 9th to the 18th copies, shall be given to the 10 accredited major
NUMBER OF COPIES OF CERTIFICATES OF CANVASS AND THEIR
national parties, excluding the dominant majority and minority
DISTRIBUTION
The Congress shall promulgate its rules for the canvassing of the
certificates.
Nothing in the above shall be construed as depriving a candidate of his votes, is without power to look beyond the face thereof, once
right to contest the election satisfied of their authenticity. Neither the Constitution nor the
statute has granted it such power.
FAILURE TO ASSUME OFFICE
o It has only the ministerial task of tallying the votes as reported in
The office of any official elected who FAILS OR REFUSES to take his the election returns and cannot exercise the judicial power of
oath of office within 6 months from his proclamation shall be considered deciding an election contest.
vacant, unless said failure is for a cause or causes beyond his control.
o Thus, where what is involved is purely mathematical and/or
NATURE OF BOARD’S DUTIES mechanical error in the tabulation of the votes committed by the
board of canvassers which is admitted by all parties, and which
WHEN MINISTERIAL – the board of canvassers is a ministerial body does not involve any opening of the ballots boxes, examination
enjoined by law to canvass all votes on election returns submitted to it. and appreciation of ballots and/or election returns, and said error
was discovered sometime after proclamation, all that is required is
o So long as the election returns have been accomplished in due for the board to convene to rectify the error it inadvertently
form, the board of canvassers, and on appeal therefrom, the committed in order that the manifest mistake in the mathematical
COMELEC, must include said returns in the canvass. If the additional calls for a mere clerical task on the part of the board.
returns be regular, the duty of the board of canvassers consists The remedy is purely administrative.
in a simple matter of arithmetic.
o The simple purpose of the canvassing board is to ascertain and
o The Commission or the board of canvassers, in the canvass of declare the apparent result of the voting. All other questions are to
be tried before the court or other tribunal for contesting elections statement of the election returns gives to a candidate a different
or in quo warranto proceedings. number of votes and such affects the result of the election, or
there is a difference between the votes of the same candidate
o Absence of any determination of irregularity in the election returns written in words and those written in figures, or the election
as well as order enjoining the canvassing and proclamation, it is return is clearly falsified, or is not legible.
ministerial duty of the boars of canvassers concerned to count the
votes based on such return and declare the results. o If the true nature and scope of the power of the Board of
Canvassers and the COMELEC under the law in connection
WHEN QUASI-JUDICIAL – the board of canvassers, however is guided by with the canvass of votes is that the canvassers are to be
election returns transmitted to it which are in due form and that they must satisfied of the genuineness of the returns which means the
be satisfied of the genuineness of the returns, namely, that the papers exercise of judgment or discretion, however limited, to determine
presented to it are not forged and spurious, and when the returns are whether any given return before it is genuine, then the duties
obviously manufactured, it will not be compelled to canvass them. and powers to make such determination are quasi-judicial.
o it must be satisfied that the returns are genuine or authentic, WEIGHT ACCORDED BOARD’S FINDINGS
meaning trustworthy and not false. It may reject election returns
submitted to it for the purpose of the required canvass, if in its FINDINGS NOT CONCLUSIVE – the findings of the canvassers and the
opinion, they were “obviously manufactured,” or “contrary to all certificate of election issued by them, if any, are prima facie evidence of
probabilities,” or “utterly improbable and clearly incredible.” the result and of the title to the office of those declared elected, and this
evidence is conclusive in all collateral inquiries. But such finding or
o It is the duty of the board to suspend the canvass where there are
patent erasures and super-impositions in the words and figures on
the face of the election returns, or when another copy of the
certificate is not conclusive in a direct proceeding to try the title to the office. canvassers may have decided otherwise.
EVIDENCE ALIUNDE ADMISSIBLE TO DISPROVE FINDINGS – the fact of COURT‟S DECISION PREVAILS OVER FINDINGS – between
having a plurality of the votes lawfully case is what confers the title to the the determination by the trial court of who of the candidates won the
office, and it is always open for the party receiving such plurality, unless elections and the finding of the Board of Canvassers as to whom to
otherwise expressly provided by law, to go behind the certificate or the proclaim, it is the court‟s decision that should prevail.
returns and to establish this fact before the appropriate tribunal, although the
CHAPTER SIX: been altered to favor favored candidates.
AUTOMATED ELECTION SYSTEM The Boards of Election Inspectors have identification cards (ID) and
passwords that the canvassing computers validate when the ERs are
AUTOMATED MAY 10, 2010 ELECTIONS received (by the Board of Canvassers). Interested parties would be able to
compare the ERs printed by PCOS machines with what received by the
May 10, 2010 – first nationwide (national and local) fully Automated
Election System (AES) in the Philippines was held in compliance with RA
84236 amended by RA 9369 using the Precinct Count Optical Scan
(PCOS) machines from vote counting to election results canvassing.
The Philippines is the 1st country that made the total transition from
manual to electronic voting
The ballots (about 20 cm wide and 64 cm long, printed back to back) are
precinct specific, meaning that each set of ballots can only be used in a
designated precinct.
o Those with erasures and extra markings are not accepted by the
counting machines
At the end of the voting, after the PCOS operator presses the “close
voting” option, the PCOS automatically generates a tally of votes and then
electronically transmits the counted votes to the
municipal/city/district/provincial canvassing centers up to the national level.
The transmission of results is similar to text messages.
OFFICIAL BALLOT To prevent the use of fake ballots, the Commission through the Committee
shall ensure that the serial number on the ballot stub shall be printed in
COMELE shall prescribe the size and form of the official ballot which shall magnetic ink that shall be easily detectable by inexpensive hardware and
contain the titles of the positions to be filled and/or the propositions to be shall be impossible to reproduce on a photocopying machine, and that
voted upon in an initiative, referendum or plebiscite.
identification marks, magnetic strips, bar codes and other technical and vacate the same at the start of the day of the filing of his/her certification of
security markings, are provided on the ballot. candidacy
The official ballots shall be printed and distributed to each Political parties may hold political conventions to nominate their official
city/municipality at the rate of 1 ballot for every registered voter with a candidate within 30 days before the start of the period for filing certificate
provision of additional 4 ballots per precinct of candidacy.
The Commission shall set the deadline for the filing of certificate of Each copy of the of the printed election returns shall bear appropriate
candidacy/petition of registration/manifestation to participate in the control marks to determine the time and place of printing. Each copy shall
election. Any person who files his certificate of candidacy within this be signed and thumbmarked by all the members of the BEI and the
period shall only be considered as a candidate at the start of the watchers present
campaign period for which he filed his certificate of candidacy
If any member of the BEI present refuses to sign, the chairman of the
Unlawful acts or omission applicable to a candidate shall effect only board shall note the same copy in each copy of the printed election
upon the start of the aforesaid campaign period. returns.
Any person holding a public appointive office or position, including active o The member of the BEI concerned refusing to sign shall be
members of the armed forces, and officers, and employees in GOCCs compelled to explain his or her refusal to do so. Failure to explain
shall be considered ipso facto resigned from his/her officer and must an unjustifiable refusal to sign each copy of the printed election
return by any member of the BEI shall be punishable as provided the canvassing of votes and the proclamation of a candidate
in the Act.
After the electronic results have been transmitted additional copies not
The chairman of the boards shall then publicly read and announce the to exceed 30 may be printed and given to requesting parties at their own
total numbers of registered voters, the total number of voters who actually expense.
voted and the total numbers of votes obtained by each candidate based on
the election returns. CANVASSING BY PROVINCIAL, CITY, DISTRICT and MUNICIPAL BOARDS
OF CANVASSERS
Within 1 hour after the printing of the election returns, the chairman of the
BEI or any official authorized by the Commission shall, in the presence of The City or Municipal board of canvassers shall canvass the votes for
watchers and representatives of the accredited citizens‟ arm, political the president, vice-president, senators, and parties, organization or
parties/candidates, if any, electronically transmit the precinct results to the coalitions participating under the party-list system by consolidating the
respective levels of board of canvassers, to the dominant majority and electronically transmitted results contained in the data storage devices
minority party, to the accredited citizen‟s arm, and to the Kapisanan ng used in the printing of the election returns. Upon completion of the
mga Brodcaster ng Pilipinas (KBP). Distribution as provided in Sec 22. canvass, it shall print the certificate of canvass of votes for president,
vice-president, senators and member of the House of Representatives
The election results at the city/municipality canvassing centers shall be and elective provincial officials and thereafter, proclaim the elected city
transmitted in the same manner by the election officer or any official or municipal officials, as the case may be.
authorized by the commission to the district or provincial canvassing
centers.
In the Metro Manila area, each municipality comprising a legislative district o The district board of canvassers of each legislative district
shall have a district board of canvassers which shall canvass the votes for comprising 2 municipalities in the Metro Manila area shall canvass
president, vice-president, senators, members of the House of the votes for president, vice-president, senators, and members of
Representative and elective municipal officials by consolidating the the House of Representatives by consolidating the certificates of
electronically transmitted results or the results contained in the date storage canvass electronically transmitted from the city/municipal
devices used in the printing of the election returns. Upon completion of the consolidating centers or the results contained in the data storage
canvass, it shall produce the certificate of canvass of votes for president, devices submitted by the municipal board of canvassers of the
vice-president, and senators and thereafter, proclaim the elected members component municipalities. Upon completion of the canvass. It
of the House of Representatives and municipal officials. shall produce a certificate of the canvass votes for president, vice-
president, senators, and thereafter, proclaim the elected members
Each component municipality in a legislative district in the Metro Manila area of the House of Representatives in the legislative district
o The district/provincial board of canvassers shall canvass the votes o The Commission shall adopt adequate and effective measures to
for president, vice-president, senators, members of the House of preserve the integrity of the certificates of canvass transmitted
Representatives and elective provincial officials by consolidating electronically and the results in the storage devices at the various
the results electronically transmitted from the city/municipal levels of the boards of canvassers.
consolidating centers or the results contained in the data storage
devices submitted by the board of canvassers of the municipalities The certificates of canvass transmitted electronically and digitally signed
and component cities. Upon completion of the canvass, it shall shall be considered as official election results and shall be used as the basis
produce the certificates of canvass votes for president, vice- for the proclamation of a winning candidate.
president and senators and thereafter, proclaim the elected
members of the House of Representatives and the provincial COMELEC AS NATIONAL BOARD OF CANVASSERS
official.
The chairman and members of the COMELEC sitting en banc, shall
The municipal, city, district and provincial certificates of canvass of votes compose the national board of canvassers for senators and party-list
shall each be supported by a statement of votes. representatives. It shall canvass the results by consolidating the certificates
of canvass electronically transmitted.
Within 1 hours after the canvassing, the Chairman of the district or
provincial Board of Canvassers or the city board of canvassers of those Thereafter, the national board shall proclaim the winning candidates for
cities which comprise one or more legislative districts shall electronically senators and party-list representatives.
transmit the certificate of canvass to the commission sitting as the national
board of canvassers for senators and party-list representatives and to the
Congress as the National Board of Canvassers for the president and vice-
president, directed to the President of the Senate.
CONGRESS AS NATIONAL BOARD OF CANVASSERS the determination of root cause and initiate a manual count for those precincts
The Senate and the House of Representatives in joint public session shall affected by the computer or procedural error
compose the national board of canvassers for president and vice-president
Guidelines on reading of ballots – the Chairman, prior to reading the votes
The certificate of canvass for president and vice-president duly certified cast, shall:
by the board of canvassers of each province or city, shall be o Check for over-voting in each position subject to RMA.
electronically transmitted to the Congress, directed to the president of o OVER-VOTE – situation where a voter selects more than the
the Senate allowed number of candidate/s for a particular position
i. In case there is an over-vote, such fact shall be recorded
Upon receipt of the certificate of canvass, the President of the Senate in the minutes by the Chairman but the vote shall not be
shall, not later than 30 days after the day of the election, open all counted for any candidate for that particular position.
certificates in the presence of the Senate and the House of However, the fact of over-voting in any particular position
Representatives in joint public session and the Congress upon will not invalidate the entire ballot. It shall remain valid
determination of the authenticity and the due execution thereof in the and votes for other positions (that are not over-voted)
manner provided by law, canvass all the results for president and vice- shall be counted
president and thereafter, proclaim the winning candidates. o In case an oval is not shaded properly or contains other marks
(such as checks or crosses), the vote corresponding to the said
RANDOM MANUAL AUDIT (RMA) candidate shall be counted but such fact shall be recorded in the
minutes. The subject ballot shall then be placed in an RMA
Where the AES is used, there shall be a random manual audit in one precinct envelope for Ballots with Ambiguous Marks.
per congressional district randomly chosen by the Commission in each province o The rules on appreciation of ballots in manual system of counting
and city. Any difference between the automated and manual count will result in shall not apply for purposes of the RMA
Board, respectively.
Manner of counting of votes o The Chairman shall accomplish the Minutes and enter the RMA and
o The Chairman shall form separate piles of 100 ballots each AES results for President, Vice-President, Member House of
Representative, Governor and Mayor. The AES result shall be based on
o The Chairman shall take the ballots of the first pile 1 by 1 and read
the Minutes of Voting and Counting
1st the number assigned to the candidate followed by the
candidate‟s name. o The RMAT shall note down the variance and the probable reasons for
such variance.
o For every ballot, the Chairman shall 1 st announce the vote cast for
President, Vice-President, Member of the House of
Representatives, Governor and finally the Mayor. During the counting, the Chairman, Secretary and Member shall position
o The Secretary and the Member shall simultaneously record each themselves in such a way as to give the watchers and the public an unimpeded
vote read by the Chairman in the Audit Return and in the Tally view of the ballot being read by the Chairman, as well as the Audit Return and
Board, respectively. Each vote shall be recorded by a vertical line, Tally Boards being simultaneously accomplished by the Secretary and Member,
except every 5th vote which shall be recorded by a diagonal line respectively.
crossing the previous 4 vertical lines
o After each pile of 100 ballots have been read, the votes obtained The lawyer, poll watchers or representatives of political parties and/or candidates
by each candidate shall be added and the sum recorded on the and the public shall not touch any RMA documents/paraphernalia.
space immediately after the last vote recorded. o The table used by the RMAT shall be cleared of all unnecessary things.
o The same procedure shall be followed with the succeeding piles of o Any violation hereof shall constitute an election offense and shall be
ballots penalized in accordance with BP Blg. 881
o After all the ballots have been read, the Secretary and the
member shall record, in words and figures, the total number of
votes obtained by each candidate in the Audit Return and the Tally
Upon conclusion of the RMA, all RMAT members shall affix their
signatures on the Minutes attesting to the contents thereof. Poll
watchers shall witness the recording of entries and affixing of
signatures of the RMAT member. The Chairman shall immediately
notify the PES of the results of the RMA, who in turn, shall report the
same to the TWG-RMA.
COMELEC shall have EXCLUSIVE JURISDICTION over all pre- Controversy to be first heard and decided by a Division of the
proclamation controversies involving LOCAL elective officials. Commission
o EXCEPTION: pre-proclamation cases are not allowed in o Under the Constitution Art IX-C Sec 3: ―All election
elections for President, Vice-President, Senator and member cases, including pre-proclamation controversies x x x shall
of the House of Representatives on matters relating to the be heard and decided in division, provided that motions for
preparation, transmission, receipt, custody and appreciation reconsideration shall be decided by the Commission en
of election returns or the certificate of canvass, as the case banc.‖
may be, except as provided for in Sec. 30 thereof.
COMELEC division all such election cases
What is allowed is the correction of ―manifest errors first be heard and decided
in the certificate of canvass or election returns.‖ By
virtue, however, of the amendments introduced by COMELEC En banc does not have original
RA 9369, pre-proclamation cases involving the jurisdiction, or authority to hear and decide the
authenticity and due execution of certificates of same at the first instance. But a petition for
canvass are now allowed in elections for President, correction of manifest error in the Statement of
Vice-President, and Senators. Votes, or in the tabulation or tallying of the
Partial or total suspension or annulment of proclamation resul pre-
ts, a procl
Election Law Reviewer 5
(2012) 7
amati amplification of policy of Sec. 243 of the
on their respective the law Omnibus Election
contr positions. Such a that Code, the following
overs procedure is fair cases of shall be proper issues
y may and consistent this that may raised in a
be with the summary nature pre-proclamation
filed character of should controversy:
directl proceedings in be 1. illegal composition
y election cases. summar or proceeding (due
ily to non-inclusion of
Summary Hearing of pre- Decision based on records decided votes) of the board
proclamation controversies and evidence elevated to and the of canvassers
Commission will of 2. canvassed election
All pre-proclamation the returns are
controversies shall be o A summary electora incomplete, contain
heard summarily by the proceeding does te as material defects,
COMELEC after due not mean that the reflecte appear to be
notice and hearing, Commission can d on the tampered with or
decision shall be do away with election falsified, or contain
executory after 5 days requirements of returns discrepancies in
from receipt by the losing notice and be
hearing. However, the same returns or
party of the decision of determi in other authentic
COMELEC unless presentation of ned as
evidence before copies thereof as
restrained by SC speedily mentioned in
the COMELEC is as
not at all sections 233-236 of
Opportunity given to possible Omnibus Election
submit evidence in form indispensable in .
order to satisfy the Code
of respective memoranda 3. election returns
demands of due Issues that may be raised
process. prepared under
o Required that the duress, threats,
parties be Not every question coercion, or
o Under Sec 18, RA bearing or arising from
notified and intimidation, or
7166 all that is
heard. Where the the elections may obviously
required is that the
petitioners were COMELEC shall constitute a ground for a manufactured or
also given an dispose of pre- pre-proclamation not authentic
opportunity to proclamation controversy. Under the 4. when substitute or
submit evidence controversies fraudulent returns
in support of their ―on the basis of in controverted
allegations, the the records and polling places were
Commission evidence elevated canvassed, the
cannot be faulted by the board of results of which
for merely canvassers.‖ materially affected
requiring the
the standing of the
parties to submit This is aggrieved
their respective keeping candidate/s
memoranda in
with the
Election Law Reviewer 5
(2012) 8
*the above enumeration is protest. the face of the returns. systematic
RESTRICTIVE AND blanking of the
EXCLUSIVE. EXCEPTION – principle ―obviously candidates of
does not apply where manufactured‖ = if all one party.
Where election returns on their there is prima facie votes reported in the
face regular and authentic showing that the return election returns are cast Where election returns found to
is not genuine. in favor of a candidate or be spurious or falsified
GENERAL RULE – in a candidates of the same
pre-proclamation o However, where party, or if the results of Outright exclusion of
controversy, it is election returns, the canvass are election returns on the
axiomatic that the though genuine statistically improbable. ground that they were
Commission is not to or authentic in In such a case, the fraudulently prepared by
look beyond or behind character are results of the election some members or non-
election returns which reflective of would be members of the BEI
are on their face fraudulent acts unascertainable, making disenfranchises the
regular and authentic done before or it necessary to conduct votes. Hence, when
returns and investigate carried out by a require technical election returns are found
alleged election the BEI, the examination of the to be spurious or falsified,
irregularities. returns would be Voter‘s List and Voter‘s Sec 235 Omnibus
deemed as Affidavits Election Code provides
o A party seeking ―obviously the procedure which
to raise issues manufactured‖ o Doctrine of enables the COMELEC
(eg. fraud, which may be statistical to ascertain the will of the
vote-buying, properly raised improbability – electorate
terrorism, in a pre- applied only
tampering and proclamation where the o Sec 235. The
falsification) controversy. unique Commission shall
resolution of uniformity of then, after giving
which would Where election returns tally of all the notice to all
compel the obviously manufactured votes cast in candidates
Commission to favor of all the concerned and
pierce the veil, Correction of manifest candidates after satisfying
of the election errors in the tabulation belonging to one itself that nothing
returns prima or tallying of election party and the in that ballot box
facie regular returns or certificates of systematic indicate that its
has his remedy canvass is an issue that blanking of all identity and
in a regular may be raised in a pre- the opposing integrity have
election proclamation parties appear been violated,
controversy. in the election order the opening
Sec 243(c) in relation to allowing the suspension or returns. The of the ballot box
Sec 242 of the Omnibus annulment of any doctrine has no and, likewise
Election Code, in giving proclamation, requires, if application after satisfying
the Commission the basis of the where there is itself that the
jurisdiction over pre- controversy is that election neither integrity of the
proclamation returns are manufactured, uniformity of ballots therein
tallies nor has been duly
controversies and that this fact be obvious on
Election Law Reviewer 5
(2012) 9
preserved, shall Scope of pre-proclamation to be filed. board of canvassers
order the BEI to controversy during the canvassing
recount the votes Aside from the public and said error was not
of the candidates 1) Issues limited to those interest that impels the discovered by the
affected and enumerated under Sec 243 prompt disposition of protestant
prepare a new pre-proclamation congressional
Omnibus Election Code
return which shall cases, the boards of candidate during the
then be used by canvassers canvassing but only
The enumeration may
the board of particularly municipal, when she received a
be raised in a pre-
canvassers as city and provincial, copy of the statement
proclamation
basis of the before which such of the number of votes
controversy is restrictive
canvass. controversies are and she wasted no
and exclusive
initiated, are ad hoc time in filing a protest
If the integrity of the bodies that exist only with the board and
ballots have been o Reason
underlying the for the interim task of then direct to the
violated, the COMELEC canvassing election COMELEC since the
need not recount the delimitation both
of substantive returns board was not
ballots but should seal available, it was held
ground and
the ballot box and order o the lack of the duty of the
procedure is the
its safekeeping in innter paper COMELEC to see to it
policy of election
accordance with Sec 237 seals in the that the matter should
laws that pre-
of the Omnibus Election election be verified from the
proclamation
Code. cases should be returns does election return as a
summarily not justify their pre-proclamation
decided, exclusion from controversy, instead of
consistent with the requiring the protestant
the law‘s desire canvassing. It to bring the matter to
that the canvass is not a proper the electoral tribunal
subject of a as an election protest.
and
pre-
proclamation be
proclamation
delayed as little The law is silent as to
controversy.
as possible even when the issue
if the regarding errors on the
2) Issues regarding errors in the
proclamation of Statement of Votes
Statement of Votes
the winning may be raised.
candidates can However, any such
be provisional in Where the question
error would affect the
nature in the raised is not as to the
proclamation made on
sense that such correctness of the
the basis thereof and
proclamation election returns but
primordially, in order
would be subject that of the statement
to determine the true
to the results of of votes taken from
will of the electorate,
the election the returns by the
the matter may
protest or
protests that be raised, as a pre- with the Commission
may be effected proclamation which is empowered
controversy directly to order the board of
Election Law Reviewer 6
(2012) 0
canvassers to matter of correction of or for 2. Returns will not be
reconvene and prepare the statement of votes declaration of excluded on the
a new Statement of may be subject of pre- failure of occasion of a pre-
Votes and Certificate of proclamation case elections. This, proclamation
Canvass. which may be filed it may conduct controversy whose office
directly with the technical is limited to incomplete,
o When so COMELEC. examination of falsified or materially
elevated, the election defective returns which
Commission Questions properly documents and appear as such on their
acts in the cognizable in an election compare and face.
exercises of its protest analyze voters‘
original signatures and If there has
jurisdiction for Questions as those fingerprints in been sham
which reason it involving the order to voting or
is not appreciation of the determine minimal voting
indispensable votes and the conduct whether or not which was made
that the issue of the balloting, which the elections to appear as
may be raised require more deliberate had indeed normal through
before the and necessarily longer there been
board during the falsification
consideration, are left free, honest, of the election
the canvassing. for examination in the and clean returns, such
corresponding election grounds are
o The protest. A pre- properly
Commission is proclamation
not discharging cognizable in an
1. Reopening of the ballot controversy is election protest
its appellate boxes is not a proper not the same
jurisdiction and not in a pre-
issue for a pre- as an action for proclamation
under Sec 245 proclamation annulment of
of the Code, controversy.
controversy but should election results
which has to do be threshed out in an or declaration
with contests But the
election protest of failure of COMELEC‘s
regarding the elections
inclusion or findings on
The election returns,
exclusion in the
Commission is anchored on the
canvass of any
duty to bound ―manner of their
election returns,
to investigate preparation,‖
with a
allegations of which it found
prescribed
appellate fraud, to be a sham
procedure to terrorism, and spurious,
follow. violence and said ground is a
other pre-
COMELEC Rules of analogous proclamation
Procedure which took causes in issue, under Sec
effect on November 15, actions for 241 & 243 in
1988, provides that the annulment of relation Sec 245
election results
Election Law Reviewer 6
(2012) 1
of the Code. Said of which desire that the
returns cannot be affects canvass and
accorded prima the result proclamation be
facie status as of the delayed as little
genuine reports of election as possible.
the results of the
counts of votes Complete
election returns
3. A petition for recount must whose
fail, in the absence of any authenticity is not
clear showing or proof that in question, must
the election returns, be prima facie
instances where a pre- considered valid
proclamation recount may for the purpose of
be resorted to, granted the canvassing the
preservation of the same and
integrity of the ballot box proclamation of
and its contents are as the winning
follows: candidates
i. To expand the
canvasse issues beyond
d are those enumerated
incomplet under Sec
e or 243 and allow a
contain recount/reappreci
material ation of votes in
defects, every instance
ii. appear to where a claim of
have been misdeclaration of
tampered stray votes is
with, made would open
falsified or the floodgates to
prepared such claims and
under paralyze canvass
duress, and proclamation
and/or proceedings,
iii. contain given the
discrepan propensity
cies in the mandate that all
votes pre-proclamation
credited to proceedings,
any shall be heard
candidate, summarily by the
the COMELEC after
difference due notice law‘s
Election Law Reviewer 6
(2012) 2
The powers of the Commission are essentially executive and
administrative in nature, and the question of WON there had Abella v. Larrazabal
been terrorism, vote buying and other irregularities in the
election should be ventilated in a regular election protest Objections to election returns where votes cast for original candidate who
(before the Senate Electoral Tribunal) and the Commission died were counted for the candidate who substituted the deceased were
is not the proper forum for deciding such matters. raised in a pre-proclamation controversy. The matter is not cognizable in a
pre-proclamation controversy since it is summary in nature. Hence,
questions as those involving the appreciation of the votes and the conduct of
Abendante v Relato the campaign and the balloting, which require more deliberate and
necessarily longer consideration, are left for examination in the
Election returns were ―obviously manufactured‖ and the lists of votes corresponding election protest. The contention that the dismissal of the pre-
were padded were raised in a pre-proclamation controversy. The returns do proclamation controversy would render the disqualification case moot and
not show prima facie that on the basis of the old List of Voters, there is academic is untenable. The 2 cases are independent of each other and one
actually a great excess of votes over what could have been legally cast. may be resolved separately without affecting the other.
Petitioner‘s cause of action is the padding of the List of Voters which is NOT
a listed ground for a pre-proclamation controversy but instead proper ground
for an election protest.
inevitable, to pave way for it as soon as possible.
in the gubernatorial election or, if an election protest is
of the pending cases to ultimately determine the winner
Court stressed that there is a need for an early resolution
further postpone the final resolution of this contest. The
must be especially wary of dilatory tactics that may
COMELEC should see to it that it does not. The COMELEC
should not take too much more time; at least the
the COMELEC. And if more evidence is to be adduced, this
parties. These must have been thoroughly examined by
evidence and the arguments already submitted by the
it cannot be speedily resolved on the basis of the
pre-proclamation controversy, there is no reason wherein
illegally made. Considering the summary nature of the
Authority of COMELEC to annul proclamation which was
Agbayani v COMELEC
Datu Sinsuat v Pendatun
Held/ Doctrine: ONCE a competent tribunal has acquired a jurisdiction of an election protest
Petition is neither an election case nor a pre-proclamation controversy or a petition for quo warranto all questions relative thereto will have to be
Comelec en banc is only empowered to resolve MR of cases decided by a decided in the case itself and not in another proceeding, otherwise there will
Comelec division be a confusion and conflict of authority.
in the Board of Canvassers.
disposed of summarily by the COMELEC on the basis of records and evidence adduced
Pre proclamation controversies on election returns or cerificates of canvass must be
Facts: MBC ruled to canvass the contested election returns for mayor on the
ground that there was no sufficient proof to warrant their exclusion as
defective or fraudulent returns. MBC did not proclaim any winner, its decision
have been raised on appeal to the COMELEC 2 nd division. The 2nd division
ruled to include 3 of the questioned election return and to exclude two returns
form precincts 10 and 10-A. As a result MBC proclaimed PS as winner.
However, the COMELEC EN BANC nullified the proclamation and ordered
the inclusion of the election returns from precincts 10 and 10-a
Issue: Did the COMELEC en banc correctly reversed the decision of the
Comelec 2nd division?
Held/ Doctrine: Suspension of proclamation and period for filing of election protest
Yes. The second division excluded the election returns from the said
precincts because of the belief that no actual election was held there and that Section 248 of the Omnibus Election Code provides that the filing with the
the election returns were manufactured. However there are no evidence of COMELEC of a petition to annul/suspend the proclamation of any candidate
such sham and fraudulent voting. shall SUSPEND the running of the period within which to file an election
protest or quo warranto proceedings.
Note: when the election returns on their face appear regular and wanting of
any physical signs of tampering, alteration, etc, the second division could not COMELEC shall have exclusive jurisdiction of all pre-proclamation
exclude the contested election returns on the occasion of a pre-proclamation controversies.
controversy. If there had been sham voting or minimal voting which was
made to appear to be normal, the action should have been an election COMELEC may order the partial or total suspension of the proclamation of
protest. the candidate elect or annul partially/totally any proclamation
a) motuproprio
b) upon written petition, and after due notice and hearing
The Omnibus Election Code prohibits the proclamation by the Board of Canvassers
of a candidate as winner where returns are contested, unless authorized by the
COMELEC. When no authority is given by the COMELEC in such case, proclamation
is null and void.
Incomplete Canvass of votes is illegal and cannot be the basis of of a valid What are the grounds for the suspension of proclamation?
proclamation. a) filing of pre-proclamation controversy(Section 248 Omnibus
Election Code)
b) when there is an action for disqualification, when evidence of
guilt is strong ( RA 6646)
c) when there is ground for denying or cancelling a candidate‘s
certificate of candidacy (RA 6646)
Distinction between action for declaration of failure of election and pre- Parties adversely affected by the ruling of the board of canvassers on the
proclamation controversy composition or proceedings of the board may appeal the matter w/in 3 days
from the ruling to COMELEC which will summarily decide w/in 5 days from
Pre-Proclamation Controversy Failure of Election and filing.
annulment of election returns
COMELEC is restricted to an COMELEC is duty bound to
examination of the election returns investigate allegations of fraud, Procedure in disposition of contested election returns
on their face terrorism, violence and other
analogous causes
COMELEC has no jurisdiction to COMELEC may conduct technical
go beyond election returns and examination of election documents
investigate election irregularities Compare and analyze voter‘s
signatures and fingerprints.
When is exclusion of election returns justified? Questions affecting the composition or proceedings of the Board
To justify exclusion of election returns, the alleged threats etc. of Canvassers may be initiated in the board or directly with
which attended the preparation of said returns must have affected Comelec under Sec 17 of RA 7166
the regularity or genuineness of the contested returns. If the
election returns reflect the true results of the voting at precint level, 2. Pre-proclamation cases on provincial, city and municipal offices shall be
any coercion and intimidation that may give rise to legal, and allowed and governed by sec 17-22 of RA 7166
criminal liability, will not justify the exclusion of the returns.
3. General Rule: All pre-proclamation cases pending before Comelec
Example: X obtained 5 votes in a precint, by reason of force and deemed terminated at the beginning of the term of the office involved
intimidation, the BEI was compelled to make an entry of 50 votes for X. (in and the rulings of the Board of Canvassers deemed affirmed, w/o
this case exclusion is proper) However, even if there is coercion and prejudice to the filing of regular election protest by the aggrieved party.
intimidation but the same did not alter the returns, exclusion will not be
justified. Exceptions: Proceedings may continue when based on the evidence,
Comelec determines that the petition is meritorious and shall order to
Pre-proclamation cases continue the proceedings, or when the Supreme Court orders the
continuance in a petition for certiorari. Running of the period to file
1. Not allowed in elections for President, Vice President, Senator, election protest suspended by the pendency of such cases before
and Members of the House of Rep but does not preclude the Comelec or the SC.
canvassing body motuproprio or upon written complaint to
Note: after the winning candidates have been proclaimed and Election Protest Quo Warranto (election)
commenced their terms, proclamation issues are rendered moot and Purpose is to ascertain whether the Special Civil Action
academic. candidate proclaimed by the Board of
Canvassers is the true and lawful
4. To commence pre-proclamation case: Questions on the composition or choice of the electorate
proceedings of the Board of Canvassers may be initiated in the board or It is a contest between the defeated Raises the issue of disloyalty
directly with Comelec. Matters under sec 233-236 of the Omnibus and winning candidates on the or ineligibility of the winning
Election Code related to the preparation, transmission, receipt, custody grounds of Frauds/ Irregularities in the candidate
and appreciation of the election returns, and the certificates of canvass casting and counting of ballots, or in
shall be brought in the first instance before the board of canvassers the preparation of the returns.
ONLY. It raises the questions of who actually It is a proceeding to unseat the
obtained the plurality of the legal respondent from office but not
5. All pre-proclamation cases on election returns or certificates of votes, and, therefore entitled to hold necessarily to install the
canvass shall, on the basis of records and evidence elevated to the office petitioner in his place
Comelec by the board of canvassers, be disposed summarily by It can only be filed by a candidate ANY VOTER may initiate the
Comelec w/in 7 days from receipt thereof. Decision executory after 7 who has duly filed a certificate of action.
days from receipt by the losing party of the decision. candidacy and has been voted for in
the preceding elections
Jurisdiction of Comelec over pre-proclamation cases governed by less rigid
standards of administrative due process.
General Rule: the filing of an election protest or petition for quo Actual and compensatory damages may be awarded in election
warranto precludes subsequent filing of a pre-proclamation case, or contests or quo warranto proceedings.
amounts to an abandonment of one earlier filed; thus depriving
Comelec of authority to inquire into the title of the protestee or the Institution of Election Contest:
validity of his proclamation.
An election contest may be an election protest or a quo warranto. While
Reason: once the competent tribunal has acquired jurisdiction of an these two are distinct remedies, they have a common objective: to dislodge a
election protest or petition for quo warranto, all related questions will have winning candidate from office.
to be decided in the case itself to prevent confusion and conflict of
authority. This is to prevent confusion and conflict of authority. NOTE: After Right to institute election contest
a proclamation has been made, a pre-proclamation case is no longer
viable. 1. Duties of Board of canvassers merely of ministerial nature and
their certificate of election being the prima facie evidence of
Exceptions to the GR: election, it is competent for a defeated candidate who has not
1. Board of canvassers improperly Constituted caused or contributed to the irregularities or frauds, to institute
2. Quo warranto was not proper remedy proceedings for the determination of the title to the office.
3. What was filed was petition to annul a proclamation
4. Filing of the quo warranto or election protest expressly made Sec 250 of Omnibus Election Code: protest must be filed by a candidate who
w/out prejudice to the pre-proclamation case or was made ―has duly filed his certificate of candidacy and has been voted for the same
ad cautelam office.‖ It does not require that the matter be specifically alleged in the
protest.
2. Election protest may be lodged only against a proclaimed candidate and
which must be filed w/in the period prescribed to ascertain whether the 1. Deep public interest to determine true choice of people – election
such candidate is really the lawful choice of the electorate. contest imbued with public interest unlike an ordinary action.
Time is of the essence in the disposition of an election protest.
A counter protest is equivalent to a counterclaim and must be presented as Neither fair nor just that one whose right to the office is doubted
part of the answer w/in the time the protestee is required to answer, should remain on that office for uncertain period.The COMELEC in
otherwise, the court acquires no jurisdiction to entertain it. order to do justice and truly determine the rightful winner in the
elections, may suspend its rules if they stand in the way of finding the
3. When candidate has been proclaimed as elected, taken his oath and truth.
assumed the duties of his office, the remedy of the defeated candidate
is not pre-proclamation contest but electoral protest, under the 2. Election contest survives death of either party thereto—the right to a
assumption of a valid proclamation. public office is personal and exclusive to the public officer. BUT an
election protest is NOT because it is imbued with public interest.
Null and void proclamation due to clerical error and simple mathematical
mistake in the addition of votes, and not through the legitimate will of the 3. Election laws liberally construed to the end that the will of the people in
electorate, Comelechas authority to annul the canvass and the proclamation. the choice of public officers may not be defeated by mere technical
objections.
Validity of proclamation may be challenged even after the irregularly
proclaimed candidate has assumed office. Once proclamation nullified, a. Failure to raise a ground in protest does NOT preclude Comelec
case reverts to a pre-proclamation controversy. from rejecting the protest on that ground. It is not intended that the
contest set forth the grounds of his protest with the same precision
Election contest imbued with public interest as required of a pleading in ordinary civil cases.
b. Failure to perfect an appeal defeats the right of appeal of a party and order, can be applied to election protests (rule 41 Comelec rules of
precludes the appellate court from acquiring jurisdiction over the case. procedure) decided by the courts.
Nevertheless, the SC may give due course to appeals on the basis of Motion for execution pending appeal may be filed any time
strong and compelling reasons such as serving the ends of justice and before the period for perfection of the appeal.
preventing grave miscarriage of justice in the exercise of its equity
jurisdiction. Rules involving election cases are impressed with public e. Pleading and Practice- the rules of civil procedure do not apply to
interest thus must be construed liberally. election cases. They apply only by analogy or in a suppletory
character and whenever practicable and convenient. Election
c. The power to annul an election should be exercised with the Contests are subject to the COMELEC Rules of Procedure which
greatest care as it involves the free and fair expression of the should be applied with LIBERALITY. It is not required that a petition
popular will. SC’s jurisdiction to review decisions and orders of contesting the election of any municipal official be accompanied by a
electoral tribunals (Comelec) operates only upon a clear showing certification of non-forum shopping.
of grave abuse of discretion.
f. Winning candidate‘s qualification- To challenge the winning
The annulment of an election on the ground of fraud, irregularities, and candidate‘s qualifications, the petitioner must clearly demonstrate
violations of election laws may be raised as an incident to an election that the ineligibility is so patently antagonistic to constitutional
contest. Such grounds may be invoked in an election protest case. principles and legal principles that overriding such ineligibility and
thereby giving effect to the apparent will of the of the people would
d. Execution pending appeal—Rules of Court allows RTC to order ultimately create greater prejudice to the very democratic institutions
execution pending appeal upon good reasons stated in the special and juristic traditions that our Constitutions and laws so zealously
protect and promote.
Reason: the nature of election case is different from ordinary civil action.
Defensor Santiago v. Ramos Estrada v. Domingo- the early resolution of election cases should not
be hampered by any unnecessary observance of procedural rules.
FACTS:
This is an original action filed before the SC acting as a Presidential Electoral Effects of demurrer to evidence of protestant
Tribunal.Miriam Defensor-Santiago (DS) ran for presidency in the 1992
National Elections. She lost, but filed election protest against the winner, In election protests, the protestee should not be permitted to present a
Pres. FV Ramos. motion for dismissal or a demurrer to the evidence of the protestant, unless
he waives the introduction of his own evidence in case the ruling on his
Subsequently however, she ran for Senator in the 1995 Senatorial elections. motion or demurrer is adverse to him, in which case the court that tries the
She won and assumed office as Senator in 1995. Considering this factual case must definitely decide it.
milieu, the issues revolve on whether electoral protest would still be valid,
even after theprotestant has already assumed office as Senator, noting that Jurisdiction over election contests
should she win in the protest, her term as president would coincide with her
term as senator, which she is now in. The SC as PET decides the case. 1. Local officials – Comelec exercises exclusive jurisdiction over all
contests relating to the elections, returns, and qualifications of all elective
HELD: regional, provincial and city officials, appellate jurisdiction over all
There was abandonment of protest. DS filed her certificate of candidacy to contests involving elective municipal officials decided by trial courts of
run for senator without qualification or reservation. In doing so, she entered general jurisdiction, or elective barangay officials decided by trial
into a political contract with the electorate, that, if elected, she would assume courts of limited jurisdiction.
the office as senator. This is in accord with the constitutional doctrine that a
public office is a public trust. In assuming the office of Senator, she has An original Special civil action for certiorari, prohibition, or mandamus
effectively abandoned her determination to pursue this present protest. Such against a RTC in an election contest may be filed only in the CA or SC.
abandonment operates to render this protest moot.
2. Municipal and barangay officials—RTC and MTC exercise exclusive
Also, the PET issued a resolution ordering the protestant to inform the PET original jurisdiction over election contest involving municipal and
within 10 days if after the completion of the revision of the ballots from her barangay officials respectively.
pilot areas, she still wishes to present evidence. Since DS has not informed
the Tribunal of any such intention, such is a manifest indication that she no Decision of RTC (re: Municipal Officals) may be appealed to Comelec
longer intends to do so. w/in 5 days from promulgation or receipt of a copy of decision by
aggrieved party.
What is a demurrer to evidence? Comelec shall decide the appeal w/in 60 days after it is submitted for
decision, but not later than 6 months after the filing of the appeal, which
A demurrer to evidence is an objection by a party to an action to the effect decision shall be final, unappealable, and executory.
that the evidence which his adversary produced is insufficient in point
of law to make out a case or sustain in the issue in the case . It is Motion for reconsideration in the trial court not allowed by the
equivalent to a motion to dismiss. Omnibus Election Code sec 26 and the Comelec Rules of Procedure sec
20 rule 35, thus its filing will not suspend the period to appeal.
Rules of Civil Procedure is not applicable to election cases except by
analogy or in suppletory character. Courts shall give preference to election contests over all other cases,
except those of habeas corpus, and shall hear and decide the case
Can the Rules on Demurrer to evidence be applied in election cases even by within 30 days from date of submission for decision but not later than 6
analogy or in suppletory character? NO months after filing.
3. Members of Congress – Senate and House of Rep shall each have an Electoral Tribunal which shall be the sole judge of all contests relating to
the election, returns, and qualifications of their respective Members. EXECUTION pending APPEAL in Protest Cases
Electoral Tribunal = composed of 9 members: What are the requisites in order to grant execution pending appeal?
3 are Justices of the SC designated by the Chief Justice,
6 are members of the Senate OR House of Rep chosen on the basis of The following requisites must concur
proportional representation from political parties and organizations under a. There must be a motion by the prevailing party with notice to the
the party-list system. The senior Justice shall be the chairman. adverse party
b. There must be ―good reasons‖ for the execution pending appeal
RA 6646: Comelec does not lose jurisdiction to hear and decide a pending c. The order granting execution pending appeal must state the good
disqualification case against a Congressional candidate. reasons.
Jurisdiction of Electoral Tribunal begins only after a candidate has become What are considered “good reasons”?
member of Senate or House of Rep, once ha heas been proclaimed, taken a. The public interest involved or the will of the electorate
his oath, and assumed office. b. The shortness of the remaining portion of the term of the contested
office, and
The fact the electoral tribunal is the sole judge of all election contests c. The length of time that the election contest has been pending
involving members of Congress does not bar the SC from entertaining
petitions which charge the electoral body with grave abuse of discretion, * A combination of two or more of the above stated reasons will suffice to
grant execution pending appeal.
4. President or Vice-President – SC en banc shall be the sole judge of * Section 2, Rule 39 of the Rules of Civil Procedure applies in suppletory
all contests relating to election, returns, and qualifications of the P character to election cases. Thus, allowing execution pending appeal in the
and VP, and may promulgate its rules for the purpose. discretion of the court.
Assumption of Office During Pendency of Election Protest Distinctions between defective elections and defective returns
The pendency of an election contest is not a sufficient basis to enjoin one 1. Return is set aside only when it is tainted with fraud, or with the
who has been proclaimed as duly elected from assuming office as required misconduct of the election officers, that the truth cannot be
of him by law, otherwise the efficiency of public administration would be deduced from it. The duty still remains to let the election stand and
impaired. to ascertain from other evidence the true state of the vote.
Until the election protest is decided against the winning candidate, he The return may be excluded and set aside at the cost of disenfranchising
has a lawful right to assume and perform the duties and functions of the voters only on the clearest and compelling showing of their nullity,
the office. Rules of Court allows execution pending appeal in election otherwise, they shall be included and considered prima facie valid for the
cases upon good reasons. purpose of canvassing the same and proclaiming the winning candidate.
Expiration of term of the office contested renders the election contest moot 2. Election is only set aside when it is impossible from any evidence w/in
and academic and is a ground for its dismissal, unless rendering of decision reach to ascertain the true result.
on the merits would be of practical value.
Annulment of an election can be justified where as a result of the irregularity
many unqualified voters have their names inscribed in the official list, and it
was impossible to segregate the legal from the illegal votes.
Power to throw an election should be exercised with the greatest care and
only under circumstances w/c demonstrate beyond reasonable doubt that the
disregard of the law has been so fundamental that it is impossible to
distinguish what votes are lawful and unlawful, or to arrive at any certain 1. Election Returns – used in the canvass of votes. The ballots are the
result whatsoever, or that the great body of voters have been prevented by best evidence as to the correctness of the number of votes of each
violence, intimidation and threats from exercising their franchise. candidate. But where ballots cannot be produced, the election returns
are the next best evidence.
Where illegality reflects more than 50% of the total number of votes
cast, the annulment of the election is justified because the remainder a. Where actual voting had taken place, the election returns cannot
does not Constitute a valid Constituency. be disregarded and have prima facie status as bona fide reports
of the results of the voting. Party alleging that election results are
Irregularities affecting election fake or tampered must submit convincing proof. Only when
election returns are palpably irregular (not formal defects) may
Irregularities not from wrongful intent, in the manner of calling, holding they be rejected.
or certifying the election which do not affect the result, will be ignored.
b. It is presumed that the election officials have done their duty and
1. Irregularities must have affected election result – protestant must be the returns made are full and fair statement of the true result,
prepared to show that the irregularities were of such a nature or the until they are shown to be unreliable.
illegal votes were of such a number as to materially alter the results, thus
rendering the election void. Principle of falsus in uno, falsus in omnibus—when the returns are
2. Mandatory provisions must be observed—where the statute requires an shown to be fraudulent and false in part they must be rejected altogether.
act to be done as essential to the validity of the election, or declares it Returns may be corrected by parol and by written evidence.
void if not observed. However, election laws are considered directory
after elections to give effect to the will of the electorate. 2. Ballots – the election returns being rejected, the ballots are resorted to.
3. Evidence must be convincing—in the absence of clearly convincing The right of office comes from the ballots and not from the certificate of
evidence, the election returns and canvassing proceedings must be returns. Recourse to the ballots presupposes that they have been kept
upheld. as required by law and that they still exist in the same integrity as when
4. Intimidation or violence must justify exclusion of election returns—it must cast.
be clearly appear that there was such a display of force as ought to have
intimidated men of ordinary firmness. When there is an allegation in an election protest that would require the
Where such violence and intimidation are shown, election will be set perusal, examination, or counting of ballots in evidence, it is the
aside. But where election has actually been had and the mass of electors MINISTERIAL duty of the TRIAL COURT or the COMELEC (or its
have voted, it must be shown that the number of voters prevented was division) to order the opening of the ballot boxes and the examination
sufficient to change the result, otherwise the election must stand. and counting of the ballots therein.
To justify the exclusion of election returns, the alleged threats, Note: photocopies of ballots deemed not best evidence thereof.
intimidation or violence that attended the preparation of the said returns
must have affected the regularity or genuiness of the contested returns. 3. Poll-books and tally sheets –required by law to be kept showing who
has voted and who are legally entitled to vote, resort may be had to
Evidence on the election these books or sheets to ascertain the number of votes cast and persons
who have voted.
Rule on Evidence:
The protestant must stand or fall upon the issues he had raised in his original 4. Election officials—where the ballots not kept as required by law, after
or amended pleading filed PRIOR to the lapse of the statutory period for filing proof of loss of the tally sheets and poll-books, the evidence of the
of protest or counter protest. The court can only consider the evidence election officers may be received to show what was the result of the
presented prior to the submission of the case for decision or resolution. It election as counted and declared by them
must not take into account evidence presented therafter without obtaining
prior leave of court.
5. Voters—illegality in casting of vote by persons unqualified cannot be On if it appears to the satisfaction of court or COMELEC that the
allowed to change the result, unless it can be shown for whom they integrity of the ballots have been preserved should it adopt the result
voted. While a voter who legally voted cannot be compelled to state how as shown by the recount and not as reflected in the election returns
he voted, a person who voted illegally may be compelled to disclose how
he voted except where his answer might tend to incriminate him. CASES:
6. Certificate of votes—issued by the Board of Election Inspectors to 1. Garay v COMELEC
watchers. It shall be admissible in evidence to prove tampering,
alteration, falsification, or any other anomaly committed in the 2. Manahan v Bernardo
election returns, when duly authenticated by testimonial or
documentary evidence presented to the board. 3. Trinidad v COMELEC
Failure to present certificate of votes is a bar to the presentation of other
evidence of authenticity of the election returns. Effect of ineligibility or death of candidate receiving majority of votes
It is also evidence of the votes obtained by candidates. But it is not used English rule: If the ineligibility of the winner candidate was
where the integrity of the election returns is not in question. known to the voters, or if the fact were so notorious that they
must be presumed to have known it, the votes cast for him
A certificate of votes does not constitute sufficient evidence of the
must NOT be counted, hence the eligible candidate having the
true and genuine results of the election. ONLY election returns are
next highest number of votes must be deemed elected.
sufficient evidence pursuant to Sections 231, 233-236 and 238 of the
Omnibus Election Code. Philippine jurisdiction: The fact that a majority of the votes cast for
an ineligible candidate, or a candidate is later declared to be
7. Thumbprints of Voters- The Examination of Thumbprints may be disqualified, does NOT entitle the candidate with second highest
sanctioned by the SC, where a recount or revision of the ballots will not votes to be declared elected but results in the nullity of the election.
be reflective of the sovereign will due to the irregularities committed A permanent vacancy in the contested office is created which should
during the elections. be filled by succession.
Rules on the use of ballots as evidence as against election returns
But if the electorate cast their votes in favor of the ineligible
candidate fully aware of the other candidate‘s qualification, the
Ballots cannot used to overturn the official count as reflected in the electorate are deemed to have thrown away their votes, and the
election returns unless it is first shown affirmatively that the ballots eligible candidate obtaining the next highest votes may be deemed
have been preserved with a care which precludes the opportunity of elected.
tampering and all suspicion of change, abstraction or substitution
Votes cast for a candidate are presumed to have been cast in the
The burden of proving the integrity of the ballot has been preserved belief that the candidate is qualified, thus such votes cannot be void.
in such a manner is on the protestant The subsequent finding of disqualification cannot retroact to the date
of elections so as to invalidate the votes cast for him.
Where a mode of preserving the ballots is enjoined by law, proof
must be made of such substantial compliance with that law Right of winner in an election contest to recover damages
It is only when the protestant has shown substantial compliance with Omnibus Election Code: Actual or compensatory damages may
the provisions of law on the preservation of the ballots that the be granted in all election contests or in quo warranto
burden of proving the actual tampering or the likelihood thereof shifts proceedings.
to the protestee
Comelec Rules of Procedure: in all election contests the Court may Chapter Eight:
adjudicate damages and attorney‘s fees as it may deem just and as
established by evidence if claimed in the pleadings. ELECTION OFFENSES
Art 2199 of Civil Code: Except as provided by law or by stipulation, Jurisdiction over election offenses:
one is entitled to an adequate compensation only for such pecuniary
loss suffered by him as he has duly proved, referred to as actual or An examination of the provisions of the Constitution and the
compensatory damages. Omnibus Election Code reveals the clear intention to place in the
COMELEC exclusive jurisdiction to investigate and prosecute
Actual or compensatory damages are appropriate only in: election offenses committed by any person, whether private
1. breaches of obligations in contracts, quasi-contracts, crimes and individual or public officer or employee, and in the latter instance,
quasi-delicts where the defendant may be held liable for all irrespective of whether the offense is committed in relation to his
damages the proximate cause of which is the act/omission official duties or not.
complained of, otherwise,
2. the claimant must point a provision of law authorizing a money It is the nature of the offense and not the personality of the offender
claim for election protest expenses against the losing party; such that matters. As long as the offense is an election offense,
as Art 19, 20, and 32 of Civil Code governing human relations. jurisdiction over the same rests exclusively with the COMELEC, in
view of its all-embracing power over the conduct of election.
Rules:
1. Notwithstanding a subsequent ouster as a result of an election Criminal and electoral aspects of an election offense:
protest, an elective official proclaimed as winner by the Comelec
and assumed office, is entitled to compensation, emoluments and Criminal aspect – involves the ascertainment of the guilt or
allowances provided for the position. innocence of the accused candidate like in any other criminal case, it
2. Ousted elective official is not obliged to reimburse the emoluments usually entails a full-blown hearing and the quantum of proof
but liable for damages when found responsible for any unlawful or required to secure a conviction beyond reasonable doubt.
tortuous acts in his proclamation.
3. The victorious party in an election case cannot be indemnified for Electoral aspect – determination of whether the offender shall be
expenses in the electoral contest, unless a wrongful act or omission disqualified from office. This is done through an administrative
or breach of obligation is clearly attributable to the losing party. proceeding which is summary in character and requires only a
4. If damage had been suffered by the private respondent due to preponderance of evidence. In a disqualification case, it is the
execution of judgment pending appeal, the damage is damnum electoral aspect that is involved under which an erring candidate may
absque injuria = damage w/out injury or damage inflicted w/out be disqualified even without prior criminal conviction.
injustice, loss or violation of a legal right, or wrong done for which
the law provides no remedy. Prohibited acts and election offenses under the Omnibus Election
Code:
o Any person, association, corporation, group or community o Who come to an agreement concerning the vote-buying and
who solicits or receives, directly or indirectly, any vote-selling; and
expenditure or promise of any office or employment, public
or private, for any of the foregoing consideration. o Decide to commit it.
2. Grant of Transactional Immunity 4. Wagering upon result of elections.
o Any person guilty of vote-buying and vote-selling who o Committed by any person who bets or wagers upon the
voluntarily gives information and willingly testifies on outcomes of, or any contingency connected with an election;
violations of Section 261 of the Omnibus Election Code,
shall be exempt from prosecution and punishment for the o Money or thing of value or deposit of money or thing of value
offense with reference to which the information and situated anywhere in the Philippine put as such bet or wager
testimony were given, without prejudice to his liability for shall be forfeited to the government.
perjury and false testimony.
5. Coercion of subordinates to vote for or against any candidate.
o The COMELEC is vested with the authority to exempt those
who have committed election offenses under Section 261 (a) o Committed by any public officer or any officer of any public
and (b)but volunteer to give informations and testify on any or private corporation or association, or any head, superior,
violation of said law in any official investigation or proceeding or administrator of any religious organization, or any
with reference to which his information and testimony is employer or landowner;
given.
Who coerces or intimidates or compels, or in any
o The immunity seeks a rational accommodation between the manner influences, directly or indirectly,
imperatives of the privilege against self-incrimination and the
legitimate demands of government to encourage citizens, Any of his subordinates or members or
including law violators, to testify against law violators. parishioners or employees or house helpers,
tenants, overseers, farm helpers, tillers, or
o The testimony of a voluntary witness operates as a pardon leaseholders;
for the criminal charges to which it relates. The law gives him
immunity from investigation and prosecution for any offense To aid, campaign, or vote for or against any
in Section 261 (a) and (b) with reference to which his
candidate or any aspirant for the nomination or
information is given.
selection of candidates.
o The power to grant exemptions is vested solely on the
o Committed by any public officer or any officer of any
COMELEC. It is generally not subject to judicial review,
commercial, industrial, agricultural, economic or social
unless the COMELEC commits a grave abuse of discretion
enterprise or public or private corporation of association, or
amounting to excess or lack of jurisdiction.
any head, superior or administrator of any religious
organization, or any employer or landowner;
Who threatens to dismiss by reducing the salary, suspension, separation, excommunication,
wage or compensation, or by demotion, transfer, ejectment, or causing him annoyance in the
performance of his job or in his membership; o Who, directly or indirectly, threatens, intimidates, terrorizes,
or coerces,
Any subordinate member or affiliate, parishioners,
employee or house helper, tenant, overseer, farm o Any election official or employee in the performance of his
helper, tiller or leaseholder; election functions or duties.
For disobeying or not complying with any of the 8. Appointment of new employees, creation of new positions,
acts ordered by the former to aid, campaign or promotion, or giving salary increases within the election period.
vote for or against any candidate, or any aspirant
for the nomination or selection of candidates. o Committed during the period of 45 days before a regular
election and 30 days before a special election;
6. Threats, intimidation, terrorism, use of fraudulent device or
other forms of coercion. o Committed by any head, official or appointing officer of a
government office, agency, instrumentality, whether national
o Committed by any person; or local, including GOCC;
o Who, directly or indirectly, intimidates or actually causes, Who appoints or hires any new employee, whether
inflicts or produces any violence, injury, punishment, provisional, temporary, or cause or creates and
damage, loss or disadvantage; fills any position EXCEPT upon prior authority of
the COMELEC.
o Upon any person or persons or that of the immediate
members of his family, his honor or property, or uses any The Commission shall not grant the authority
fraudulent device or scheme; sought unless
1. It is satisfied that the position to be filled is
o To compel or induce the registration or refraining from essential to the proper functioning of the
registration of any voter, or the participation in a campaign, office or agency concerned, and
or the casting of any vote or omission to vote, or any 2. The position shall not be filled in a manner
promise of such registration, campaign, vote, or omission that may influence the election.
therefrom.
EXCEPTION: A new employee may be appointed in
If the election returns reflect the true results of the voting at case of urgent need. In such case, notice of the
the precinct level, any coercion and intimidation may give appointment shall be given to the Commission within
rise to legal, including criminal liability but will not justify three days from the date of the appointment. Any
the exclusion of the returns. appointment or hiring in violation of this provision
shall be null and void.
7. Coercion of election officials and employees.
o Committed by any government official;
o Committed by any person;
Who promotes, or gives any increase of salary or
remuneration or privilege to any government official
or employee, including those in GOCC.
9. Transfer of officers and employees in the civil service within the
election period. o Who makes or causes any transfer or detail whatever of any
officer or employee in the civil service including public school
o Committed by any public official teachers
11. Use of undue influence.
o Within the election period EXCEPT prior approval of the
COMELEC. o It is unlawful for any person
This provision does not per se outlaw the transfer of a government To promise any office or employment, public or
officer or employee during the election period. To be sure, the private, or offer to make an expenditure, directly or
transfer or detail of a public officer or employee is a prerogative of indirectly, or to cause an expenditure to be made
the appointing authority. Without this inherent prerogative, the to any person, association or corporation or entity,
appointing authority may not be able to cope with the emergencies to which may induce anyone or the public in general,
the detriment of public service. Clearly then, the transfer or detail either
of a government officer or employee will not be penalized if
done to promote efficiency in the government service. Hence,
To vote or withhold his vote, or to vote for or
the COMELEC has to pass upon the reason for the proposed
against any candidate in an election or any
transfer or detail.
aspirant for the nomination or selection of an
official candidate in a convention of a political
Two elements must be established to prove violation of the law:
party.
a. The fact of transfer or detail within the election period as
fixed by the COMELEC; and
o It is unlawful for any person, association, corporation or
b. Such transfer or detail was effected without prior approval of community
the COMELEC in accordance with its implementing rules
and regulations.
To solicit or receive, directly or indirectly any
expenditure or promise any of the foregoing
10. Intervention of public officers and employees in the civil service considerations.
in any partisan political activity.
12. Unlawful electioneering.
o Committed by any officer or employee in the civil service,
any officer, employee, or member of the Armed Forces of o It is unlawful to solicit votes or undertake any propaganda
the Philippines, or any police force, special forces, home
defense forces, barangay self-defense units and all other
o On the day of the registration before the board of election
para-military units that now exist or which may hereafter be inspectors and on the day of the election;
organized, EXCEPT those holding political offices;
o For or against any candidate or any political party within the
o Who directly or indirectly, intervenes in any election polling place and within a radius of 30 meters thereof.
campaign or engages in any partisan political activity
EXCEPT to vote or to preserve public order if he is a peace
13. Dismissal of employees, laborers or tenants for refusing or
officer.
failing to vote for any candidate.
21. Acting as bodyguards or security in the case of policemen and o Committed by any public official or employee including
provincial guards during the campaign period. barangay officials and those of GOCC and their subsidiaries;
o During the campaign period, on the day before and on o During 45 days before a regular election and 30 days before
election day; a special election, releases, disburses or expends any public
funds for any and all kinds of public works, EXCEPT:
o It is committed by any member of the PNP, the AFP, special
forces, home defense forces, barangay self-defense units, Maintenance of existing and/or completed public
and any other para-military units that now exist or which works project. However, not more than the
hereafter be organized average number of laborers or employees already
employed therein during the six-month period
o Who acts as bodyguard or security guard of any public immediately prior to the beginning of the 45-day
official, candidate or any other person, any of the latter who period before election day shall be permitted to
utilizes the services of the former as bodyguard or security work during such time. No additional laborers shall
guard. be employed for maintenance work within the said
period of 45 days.
o After due notice and hearing, when the life and security of a
candidate is in jeopardy, the COMELEC is empowered to Work undertaken by contract through public
assign at the candidate‘s choice, any member of the PNP to bidding held, or by negotiated contract awarded,
act as his bodyguard or security guard in a number to be before the 45-day period before election. Work
determined by the Commission but not to exceed three per undertaken under the so-called ―takay‖ or
candidate.
―paquiao‖ system shall not be considered as work
by contract.
o When the circumstances require immediate action, the
Commission may issue a temporary order allowing the
Payment for the usual cost of preparation for
assignment of any member of the PNP to act as bodyguard
working drawings, specification, bills of materials,
or security guard of the candidate subject to confirmation or
estimates, and other procedures preparatory to
revocation.
actual construction including the purchase of
materials and equipment, and all incidental
expenses of wages of watchmen and other laborers employed for such work in the central office
and filed storehouses before the beginning of such 26. Others.
period. The number of such laborers shall not be
increased over the number hired when the project o Selling, etc, intoxicating liquors – any person who sells,
or projects were commenced; and furnishes, offers, buys, serves or takes intoxicating liquors on
the days fixed by law for the registration of voters in the
Emergency work necessitated by the occurrence polling place or the day before the election or on election
of a public calamity, but such work shall be limited day. Hotels and other establishments duly certified by the
to the restoration of the damaged facility. Department of Tourism as tourist oriented and habitually in
the business of catering to foreign tourists may be exempted
No payment shall be made within five days before the date for justifiable reasons upon prior authority of the COMELEC.
of election to laborers who have rendered services in Foreign tourists taking intoxicating liquor in said authorized
projects or works except those falling under above. hotels or establishments are exempted;
This prohibition shall not apply to ongoing public works o Opening booths or stalls – any person who opens in any
projects commenced before the campaign period or similar polling place or within the radius of 30 meters thereof on
projects under foreign agreements. It shall be the duty of the election day, and during the counting of votes, booths or
government officials or agencies concerned to report to the stalls of any kind for sale, dispensing or display of wares,
COMELEC the list of all such projects being undertaken by them. merchandise or refreshments, whether solid or liquid, or for
any other purposes;
24. Construction of public works, etc. during the prohibition period.
During the period of 45 days preceding a regular election and 30 o Holding fairs, cockfights, etc. – Any person who holds on
days before a special election, it is committed by any person who: election day, fairs, cockfights, boxing, horse races, jai-alai or
any other similar sports;
o Undertakes the construction of any public works, except for
projects or works exempted; or o Refusal to carry election mail – any operator or employee
of a public utility or transportation company operating under
o Issues, uses or avails of treasury warrants or any device, a certificate of public convenience, including GOCC postal
undertaking future delivery of money, goods or other things service or its employees or deputized agents who refuse to
of value chargeable against public funds. carry official election mail matters free of charge during the
election period. In addition to the penalty prescribed, such
25. Suspension of elective local official during the election period refusal shall Constitute a ground for cancellation or
without prior approval of the COMELEC. revocation of certificate of public convenience or franchise;
and
The provisions of law to the contrary notwithstanding during election
period, it is committed by any public official who suspends, without o Discrimination in the sale of airtime – any person who
prior approval of the COMELEC, any elective, provincial, city, operates a radio or television station who, without justifiable
municipal or barangay officer, unless said suspension will be for cause, discriminates against any political party, coalition or
purposes of applying the ―Anti-Graft and Corrupt Practices Act‖ aggroupment of parties or any candidate in the sale of air
in relation to the suspension and removal of elective officials. time. In addition to the penalty prescribed, such refusal shall
Constitute a ground fro cancellation or revocation of the
franchise.
Prohibitions relating to registration of voters: i. Having all the qualifications and none of the disqualifications of a
voter who fails without justifiable excuse to register as voter in an
a. Any person who: election, plebiscite or referendum in which he is qualified to vote;
ii. Knowingly makes any false or untruthful statement relative to
any of the data or information required in the application for xii. Asks, demands, takes accepts or possesses, directly or
registration; indirectly, the voter‘s affidavit of another, in order to induce the
iii. Deliberately imprints or who causes the imprinting of blurred or latter to withhold his vote, or to vote fro or against any
indistinct fingerprints on any of the copies of the application for candidate in an election or any issue in a plebiscite or
registration or on the voter‘s affidavit; or any person in charge referendum. It shall be presumed prima facie that the asking,
of the registration of voters who deliberately or through demanding, taking, accepting or possessing is with such intent
negligence, causes or allows the imprinting of blurred or if done within the period beginning 10 days before the election
indistinct fingerprints on any of the aforementioned registration day and ending 10 days after the election day, UNLESS the
forms, or any person who tampers with the fingerprints of said voter‘s affidavit of another and the latter are both members of
registration records; the same family.
iv. Being a registered voter, registers anew without filing an xiii. Delivers, hands over, entrusts, gives, directly or indirectly, his
application for cancellation of his previous registration; voter‘s affidavit to another in consideration of money or other
v. Registers in substitution for another, whether with or without benefit or promises thereof, or takes or accepts such voter‘s
the latter‘s knowledge or consent; affidavit, directly or indirectly, by giving or causing the giving of
vi. Tampers with or changes without authority any data or entry in money or other benefit or making or causing the making of a
any voter‘s application for registration; promise thereof;
vii. Delays. Hinders or obstructs another from registering; xiv. Alters in any manner, tears, defaces, removes or destroys any
viii. Falsely certifies or identifies another as a bona fide resident of certified list of voters;
a particular place or locality for the purpose of securing the xv. Takes, carries or possesses any blank or unused registration
latter‘s registration as a voter; form already issued to a city or municipality outside of said city
ix. Uses the voter‘s affidavit of another for the purpose of voting, or municipality EXCEPT as otherwise provided in the Omnibus
whether or not he actually succeeds in voting; Election Code or when directed by express order of the court
x. Places, inserts or otherwise includes as approved application or of the COMELEC; and
for registration in the book of voters or in the provincial or xvi. Maliciously omits, tampers or transfer to another list the name
national central files of registered voters, the application of any of a registered voter from the official list of voters posted
fictitious voter or any application that has not been approved; outside the polling place.
or removes from, or otherwise takes out of the book of voters
or the provincial or national central files of registered voters b. Any member of the Board of Election Inspectors who approves any
any duly approved voter‘s application EXCEPT upon unlawful application which on its face shows that the applicant does not
order of the COMELEC, or of a competent court or after proper possess all the qualifications prescribed by law for a voter; or who
cancellation; disapproves any application which on its face shows that the
xi. Transfers or causes the transfer of the registration record of a applicant possesses all such qualifications.
voter to the book of voters of another polling place, unless said
transfer was due to a change of address of the voter and the Prohibitions relating to voting:
voter was duly notified of his new polling place;
a. Any person who: