ELECTION LAWS | Atty.
Ferdinand Gujilde | Notes by Tanya Ibanez | Updated by EH407 2016-17
PART III. THE COMMISSION ON ELECTIONS
COMPOSITION, QUALIFICATIONS, TERM OF OFFICE
COMPOSITION, QUALIFICATIONS AND TERM OF OFFICE
Q. Who compose the COMELEC?
7 Commissioners all in all.
1. 1 Chair
2. 6 Commissioners
TN: The Commission on Human Rights is not a constitutional body. It is a national
Commission. There are only 3 Constitutional bodies – Comelec, COA and CSC.
Q. What are their qualifications?
They should possess these qualifications at the time of appointment.
1. Natural-born citizens
2. At least 35 years old
3. Holders of college degree
4. Not a candidate for any elective position in the immediately
preceding elections
5. Majority (including the Chair) must be lawyers engaged in the
practice of law for at least 10 years
TN: Chair must be a lawyer. This is because the Commission performs
quasi-judicial functions, thus we require somebody who knows the law.
Q. What is the practice of law?
Cayetano v. Monsod
It means any activity, in and out of court, which requires the application
of law, legal procedure, knowledge, training and experience. Thus, a
lawyer-economist, lawyer-manager, lawyer-entrepreneur, lawyer-
negotiator of contracts, lawyer-legislator for the rich and poor satisfy
the requirement.
Q. Who appoints them and for how long?
The President, with the consent of the Commission on Appointments,
for a term of 7 years without reappointment.
They are impeachable, thus they are only removed by impeachment. In
other words, the Ombudsman do not have jurisdiction.
Q. Can any member be appointed or designated in an acting
capacity?
Brillantes v. Yorac
No. It has to be a permanent appointment otherwise, it violates security
of tenure which is one of the constitutional safeguards of Comelec
independence.
TN: What the SC was trying to void if the appointment is merely temporarily, the
appointee will be at the mercy of the President because the President can always
take it back.
Q. How is its independence safeguarded?
No less than the Constitution describes COMELEC as independent
DISABILITIES, INHIBITIONS AND DISQUALIFICATIONS
During tenure, its members are not allowed to:
A. Hold any other office or employment
B. Engage in the practice of any profession
C. Actively manage or control any business which in any way be
affected by the functions of his office
D. Be financially interested, directly or indirectly in any contract
with, or in any franchise or privilege granted by the
government or any of its subdivisions, agencies or
instrumentalities including GOCCs and its subsidiaries.
E. Salary is fixed by law and cannot be decreased
F. They appoint their officials and employees, subject to the
concurrence and approval of the CSC
G. Enjoy fiscal autonomy. There is automatic appropriation.
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H. It promulgates its own rules concerning pleadings and
practice before it (quasi-legislative powers of the Commission)
TN: Its decisions, finals orders or rulings on election contests involving
elective municipal and barangay offices shall be final, executory, and
not appealable.
POWERS AND FUNCTIONS
POWERS OF THE COMELEC
Q. What are the constitutional powers and functions of the
Commission?
A. It enforces and administers all laws and regulations relative
to the conduct of election, plebiscite, initiative, referendum
and recall.
B. It exercises exclusive original jurisdiction over all contests
relating to the election, returns, and qualifications of all
elective, regional, provincial and city officials.
C. It exercises appellate jurisdiction over all contests involving
elective municipal officials decided by the RTC or involving
elective barangay officials decided by the MTC.
D. Decides, except those involving the right to vote, all questions
affecting elections, including the number and location of
polling places, appointment of election officials and
inspectors, and registration of voters.
TN: In cases involving the right to vote – pertains to the MTC or RTC
in inclusion or exclusion proceedings (judicial in nature). If the case is
to challenge the right to register – the Election Registration Board
(Administrative)
E. Its decisions, final orders or rulings on election contests
involving elective municipal and barangay officials shall be
final, executory and not appealable.
TN: Only when questions of facts are concerned. For questions of law,
still subject to judicial review
F. It decides, except those involving the right to vote, all
questions affecting elections, including the number and
location of polling places, appointment of election officials and
inspectors, and registration of voters.
G. It deputizes, with the concurrence of the President, law
enforcement agencies and instrumentalities of the
Government, including the Armed Forces of the Philippines,
for the exclusive purpose of ensuring free, orderly, honest,
peaceful and credible elections.
H. It registers political parties, organizations or coalitions.
I. It accredits citizen’s arms.
J. It files, upon verified complaint, or on its own initiative,
petitions in court for inclusion or exclusion of voters.
K. It investigates and prosecutes election offenses.
L. It recommends to Congress effective measures to minimize
election spending, including limitation of places where
propaganda materials shall be posted, and to prevent and
penalize all forms of election frauds, offenses, malpractices,
and nuisance candidates.
M. It recommends to the President the removal of any officer or
employee it has deputized, or the imposition of any other
disciplinary action, for violation or disregard of, or
disobedience to its directive, order, or decision.
ELECTION LAWS | Atty. Ferdinand Gujilde | Notes by Tanya Ibanez | Updated by EH407 2016-17
N. It reports to the President and the Congress a comprehensive Taule v. Santos
report on the conduct of each election, plebiscite, initiative, But it covers only popular elections, not election of federation officers.
referendum, or recall. Comelec’s participation in these kinds of elections is limited only to being
TN: The Commission does not follow the hierarchy of Courts. supervisory.

Q. How are the constitutional powers and functions of the Q. Does it include the power to place areas under Comelec
Comelec classified? control and on what ground?
A. Administrative or executive Yes, on the ground of serious armed threats.
B. Adjudicatory or quasi-judicial
C. Quasi-legislative Q. What are serious armed threats?
D. Ministerial – A. Presence of paramilitary forces, private armies, or identifiable
Examples: armed bands
1. When there is already a law set in forth a plebiscite, the B. Widely perceived to have committed terrorism, fraud or other
Comelec as part of its ministerial function issues a election irregularities
resolution laying down the guidelines for the conduct of C. Threaten or tend to disrupt the holding of a free, peaceful,
plebiscite. honest, orderly and credible elections.
2. Acceptance of COCs, provided it complies with the
prescribed form Q. What areas may be covered by control?
Any political division, subdivision, unit or area. It presupposes a smaller
Q. What are the administrative and quasi-judicial powers and cluster or area.
functions?
Article IX (C), Section 2 pars 1,3-9 are administrative while par 2 is Q. What are the implications of Comelec control?
quasi-judicial. A. Immediate and direct control and supervision over all national
and local officials and employees required by law to perform
Importance of knowing the difference: duties and/or comply with prohibitions relative to the conduct
To know where to go – en banc or division. Quasi-judicial functions must pass
before the division first before the en banc assumes jurisdiction. Violation results
of elections in the area.
in dismissal of the case. B. Exercise full control and supervision over all national and local
law enforcement agencies as well as military officers and men
Filipinos Engineering v. Ferrer assigned or deployed in the area.

A resolution awarding the contract in favor or one bidder is not issued TN: The placement of a locality under Comelec control is a last resort. You don’t
just do that whimsically because it is an added burden on the part of the Comelec.
pursuant to its quasi-judicial functions but merely as an incident of its
inherent administrative functions over the conduct of elections. As such,
SPECIAL TASK FORCE
it does not fall under the final order contemplated by law as reviewable
by the Supreme Court on certiorari. Since it is non-judicial in character,
Q. Who enforces Comelec control?
the Commission cannot issue its contumacy (to cite in contempt) power.
Special Task Force, composed by:
Thus, any question arising from it may be well taken in an ordinary civil
A. Head – Commissioner
action before the trial courts.
B. Members – Regional Election Director concerned, highest
TN: The Commission cannot exercise its power to cite you in contempt if it merely ranking PNP official in the area, highest ranking AFP official in
exercises it administrative functions. It can only be done when the Commission the area
exercises quasi-judicial functions. C. Additional members – lawyers of the Commission at the
discretion of the Head or if exigency requires
ADMINISTRATIVE POWERS
Q. What are the powers of the Special Task Force?
Q. What are the administrative powers of COMELEC? A. Supervise and control administration and transactions of the local
1. Power to enforce and administer election laws government unit to enforce strict compliance with election bans
2. Power to conduct plebiscite, initiative, referendum and recall and prohibitions like:
3. Power to decide all questions affecting elections  Disbursement of public funds
4. Power to deputize other government agencies  Construction of public works
5. Recommendatory power  Movement of government personnel
6. Power to register political parties and party-list B. Oversee distribution, assignment and deployment of PNP and AFP
7. Power to supervise or regulate franchises and transportation officers and personnel and control their activities relative to the
8. Power to investigate and prosecute strict enforcement of:
 Gun ban
ADMINISTER AND ENFORCE ALL ELECTION LAWS  Security personnel of candidates and citizens
C. Augment police force
EXTENT OF POWER TO ENFORCE AND ADMINISTER D. Substitute whole unit of police force
Q. What is the extent of the administrative power to enforce E. Relieve any police or military officer
and administer all election laws? F. Revoke exemptions from gun ban and all permits to carry firearms
G. Act as law enforcement body of the Commission
Loong v. Comelec H. Adopt appropriate measures to safeguard elections
It is so broad it includes all the necessary and incidental powers to hold I. Submit periodic reports
a free, orderly, honest, peaceful and credible elections. Thus, even if
manual count is not expressly authorized under the automation law, it Q. For how long does Comelec control lasts?
may still be done if the counting machines could not accurately count Until the end of the election period, unless sooner lifted by the
the votes due to misalignment of ovals and incorrect sequence code. Commission.

TN: When the Commission exercises administrative functions, it almost always Q. Does the power to administer cover elections only?
deals with questions of fact – cannot be disturbed by the Courts because it is in
No, it also includes the conduct plebiscite, initiative, referendum and
the best position to decide questions of facts.
recall.
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ELECTION LAWS | Atty. Ferdinand Gujilde | Notes by Tanya Ibanez | Updated by EH407 2016-17
CONDUCT PLEBISCITE, INITIATIVE, REFERENDUM, RECALL
PLEBISCITE
Q. What is plebiscite?
It is the electoral process by which an initiative on the Constitution is
approved or rejected by the people.
INITIATIVE
Q. What is the people’s initiative?
It refers to the power of the people to directly propose amendments to
the Constitution upon a petition of at least 12% of the total number of
registered voters, of which every legislative district must be represented
by at least 3% of its registered voters.
Conditions:
A. It is subject to ratification
B. It is subject to an enabling law passed by Congress
C. It cannot be exercised within 5 years from ratification
D. Nor oftener than once every 5 years thereafter
E. It is limited to amendments only
 There are no record of proceedings which is necessary
in Constitution revisions
F. Must be directly proposed by at least 12% of the total number
of registered voters nationwide
G. Every legislative district must be represented by at least 3%
of its registered voters.
Q. What is the form of petition?
A. It is written
B. In a form to be determined by Comelec
C. It must contain the entire proposal on its face or attached to
it. If so, it must state the fact of its attachment
D. The people must author and sign the entire proposal
E. No agent or representative can sign on their behalf
F. Prior to signing, the person must have examined the entire
proposal
G. Its nature and effect are explained
Lambino v. Comelec
GMA became President as successor to Erap for 3 years. She also won
against FPJ and served for 6 more years. Fearing that she may be
prosecuted for the many cases filed against her after her term ends, she
moved for a charter change to remove the one term limit rule.
The proposal includes:
“DO YOU APPROVE OF THE AMENDMENT OF ARTICLES VI AND VII OF
THE 1981 CONSTITUTION CHANGING THE FORM OF GOVERNMENT
FROM THE PRESENT BICAMERAL-PRESIDENTIAL TO A UNICAMERAL-
PARLIAMENTARY SYSTEM OF GOVEREMENT, IN ORDER TO ACHIEVE
GREATER EFFICIENCY, SIMPLICITY AND ECONOMY IN GOVERNMENT;
AND PROVIDING AN ARTICLE XVII AS TRANSITORY PROVISIONS FOR
THE ORDERLY SHIFT FROM ONE SYSTEM TO ANOTHER?”
I hereby APPROVE the proposed amendment to the 1987 Constitution.
My signature herein which shall form part of the petition for initiative to
amend the Constitution signifies my support for the filing thereof.
Held: There was “Grand Deception” because the implications were not
properly explained to the people
Q. What are the implications of the proposed amendment?
1. The term limits on members of the legislature will be lifted
and thus members of Parliament can be re-elected
indefinitely.
2. The interim Parliament can continue to function indefinitely
until its members, who are almost all the present members of
Congress, decide to call for new parliamentary elections.
Thus, the members of the interim Parliament will determine
the expiration of their own term of office.
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3. Within 45 days from the ratification of the proposed changes,
the interim Parliament shall convene to propose further
amendments or revisions to the Constitution.
Under the rules, it must contain the entire proposal on its face or
attached to it. If so, it must state the fact of its attachment. In this case,
they merely provided a summary of the proposal.
The proposed transitory provision is unrelated to the shift from
bicameral-presidential to unicameral-parliamentary form of government.
This is logrolling. It happens when a petition incorporates an unrelated
subject matter in the same petition. Violates the right of the people to
be informed.
Q. Is there an enabling law for the people’s initiative?
Yes, the Initiative and Referendum Act enacted on August 4, 1989. It
defines initiative as the power of the people to propose amendments to
the Constitution or to propose and enact legislations.
It likewise enumerates three system of initiative:
A. Initiative on the Constitution – petition proposing
amendments to the Constitution
B. Initiative on statutes – petition proposing to enact a national
legislation
C. Initiative on local legislation – petition to enact a regional,
provincial, city, municipal or barangay law, ordinance or
resolution
Q. Is the enabling law sufficient to govern the people’s
initiative?
Santiago v. Comelec
No. It is incomplete, inadequate or wanting in essential terms and
conditions to cover the system of initiative to amend the Constitution.
Lambino v. Comelec
But since the petition is in itself void for failure to comply with the basic
constitutional requirements on the conduct and scope of the people’s
initiative to amend the constitution, there is no need to revisit the
Santiago ruling.
On motion for reconsideration however, the Supreme Court reversed its
previous ruling and said RA 6735 is after all, a sufficient enabling law to
implement the people’s initiative.
Q. What is revision?
It broadly implies a change that alters a basic principle in the
Constitution like the principle of separation of powers, as when the
Office of the President as the locus of executive power is abolished
alone, or the system of checks and balances, as when one chamber of
Congress is abolished alone.
Q. What is amendment?
It broadly refers to a change that adds, reduces, or deletes without
altering the basic principle involved
Where the proposed change applies only to a specific provision of the
Constitution without affecting any other section or article, it may
generally be considered an amendment and not a revision, as when it
merely reduces the voting age from 18 to 15, Filipino ownership of mass
media companies from 100% to 60%.
ELECTION LAWS | Atty. Ferdinand Gujilde | Notes by Tanya Ibanez | Updated by EH407 2016-17
B. It is an incident of the people’s sovereign power.
Q. What is the difference between amendment and revision? C. It is indispensable for the proper administration of public
affairs.
Revision Amendment
Generally affects several Generally affects only the Q. Who exercises the power of recall?
provisions of the Constitution specific provision being Registered voters of a local government unit to which the local elective
amended. Envisages an official subject of the recall belongs.
alteration of one or a few specific
and separable provisions.
Q. On what grounds?
The guiding original intention The guiding original intention of
Sole ground of loss of confidence.
and plan contemplates a re- is to improve specific parts or to
examination of the entire add new provisions deemed
document, or of provisions of the necessary to meet new Q. How is it exercised?
document which have over-all conditions or to suppress specific Initiated upon petition of at least 25% of the total number of registered
implications for the entire portions that may have become voters in the local government unit concerned during the election in
document, to determine how and obsolete or that are judged to be which the local official sought to be recalled was elected.
to what extent they should be dangerous A. Written petition for recall duly signed before the election
altered. officer or his or her representative.
B. Publication by Comelec of the petition for the purpose of
verifying the authenticity and genuineness of the petition and
Examples of revision:
the required percentage of voters.
1. A switch from the presidential system to a parliamentary system
C. Announcement of acceptance of candidates to the position.
would be a revision because of its over-all impact on the entire
constitutional structure.
Q. When is recall effective?
2. A switch from a bicameral system to a unicameral system because
Election and proclamation of the winner.
of its effect on other important provisions of the Constitution.
Q. What are its implications to the official sought to be recalled?
Q. What are the tests to determine whether it is a revision or
A. If he or she wins the recall, confidence is affirmed.
amendment?
B. If he or she loses the recall, confidence is truly lost.
Quantitative test and Qualitative test.
Quantitative test Qualitative test Q. What are the prohibitions against the elective local official
Whether the proposed change is Whether the proposed change sought to be recalled?
so extensive in its provisions as has far reaching implications. A. He or she cannot resign
to change directly the substantial B. As a matter of fact, he or she is automatically considered a
entirety of the constitution by the candidate
deletion or alteration of
numerous existing provisions.
Q. What are the limitations on recall?
Examines the number of Examines the degree of change,
A. Only once during the term of office for loss of confidence
provisions affected and not the whether it alters the structure of
degree of change government
B. No recall within one year from assumption to office
C. No recall within one year prior to the next regular election
Lambino v. Comelec
Q. Why is there a 25% minimum?
Under the quantitative and qualitative tests, the Lambino petition is not
merely an amendment but a revision.
Angobung v. Comelec
A. Quantitatively – it changes two Articles. (Article 6 on
To ensure that a recall election is not held in response to a small and
Legislative and Article 7 on the Executive = 105 provisions)
unrepresentative minority. Thus, a recall petition initiated and signed by
B. Qualitatively – it alters the structure of government (from
Presidential to Parliamentary; from bicameral to unicameral) one person only and setting another date for others to follow is not
allowed. Otherwise, it invites the public to sign something they did not
TN: But, there is no fixed rule on whether a change is an amendment or a revision. think about in the first place. It circumvents the explicit requirement of
All you have to do is consider the far reaching implications of proposed change. 25% of the total number of registered voters.

REFERENDUM Q. Is it necessary that 25% of the total number of registered

voters sign the petition at the time it is filed?
Q. What is referendum? A. If it is a mere initiation, it must contain the names of 25% of
It is the power of the electorate to approve or reject a legislation through the total number of registered voters
an election called for the purpose. The Congress refers the legislation to B. If it is filing, 25% of the total number of registered voters
the people for approval. must personally appear and sign the petition before the
 Go back to the root word “refer”. Congress might want to play election officer or his or her representative.
safe and say here’s a law, let the people decide WON they like
or dislike this one. You refer the law to the people. Q. Is it practicable?
In reality, this is not followed by COMELEC anymore. Thus, the Comelec
It has two classes: resolved to dispense with the personal appearance and signing. It
A. Referendum on statutes required that at the time of filing, 25% must sign the petition.
B. Referendum on local law
DECIDE ALL QUESTIONS AFFECTING ELECTIONS
RECALL
POWER TO DECIDE ALL QUESTIONS AFFECTING ELECTIONS
Q. What is recall?
A. It is a mode of removal of a local elective public officer by the General rule: All questions affecting elections, including the number
people before the end of term of office. and location of polling places, appointment of election officials and
 Not a remedy for national officials inspectors, and registration of voters.

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ELECTION LAWS | Atty. Ferdinand Gujilde | Notes by Tanya Ibanez | Updated by EH407 2016-17
Except: Suffrage or the right to vote as this pertains to the courts and
the courts alone.
Domino v. Comelec
But it can still inquire whether a candidate is a resident despite a court
ruling in exclusion proceedings that he is. Because inclusion or exclusion
has no res judicata effect.
Pungutan v. Abubakar
On exclusion of election returns
Premise: The election returns embody the votes of the electorate. If the
COMELEC is allowed to exclude them, in effect, it actually decides on
the right to vote because the election returns represent the votes cast
by the people
Held:
The exclusion of election returns is administrative in nature, thus the
decision of the COMELEC is to be respected for as long as there is
substantial evidence to back it up, unless GAD is proven.
COMELEC can also exclude spurious election returns because by doing
so, it does not nullify the votes per se but the spurious document that
embodies them. Thus, exclusion of election returns does not amount to
denial of the right to vote.
Montejo v. Comelec
It has no power to reapportion legislative districts. A province was
created resulting in unequal distribution of inhabitants. The Comelec
transferred a municipality from one district to another on the ground
that Section of the Ordinance appended to the Constitution authorizes
it to make minor adjustments in redistricting.
The Comelec is without jurisdiction to apportion legislative districts and
the phrase “minor adjustments” refers to the instance where a
municipality was omitted in the enumeration of those composing the
legislative district.
Sarmiento v. Comelec
If it involves pre-proclamation controversies, the Commission en banc
cannot acquire jurisdiction unless it is brought to it on motion for
reconsideration from the decision of a decision.
But upon the start of term of office, cases involving pre-proclamation
controversies are deemed terminated. Without prejudice to the filing of
appropriate election protest cases.
Q. What does “all questions affecting” mean?
Diocese of Bacolod v COMELEC
The word “affecting” does not refer to “any and all” questions. It is not
construed to divest the Supreme Court of jurisdiction.
DEPUTIZE OTHER GOVERNMENT AGENCIES
POWER TO DEPUTIZE OTHER GOVERNMENT AGENCIES
Q. Who or which can be deputized?
Law enforcement agencies and instrumentalities of the Government,
including the Armed Forces of the Philippines.
Q. For what purpose?
Must be in line with an election purpose. Exclusive purpose of ensuring
free, orderly, honest, peaceful and credible elections.
Q. Is the power to deputize automatic?
No. Must be with concurrence of the President.
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Q. How does the President concur?
It was expressed in general terms and in advanced in EO No. 134 dated
February 27, 1987.
Q. What is the purpose of deputation to investigate and
prosecute?
People v. Basilla
Lack of manpower. The prompt and fair investigation and prosecution
of election offenses committed before or in the course of nationwide
elections would simply not be possible, unless, perhaps, it had a
bureaucracy many times larger than what it actually has.
Election is everybody’s responsibility, including you, the voters.
Q. What is the extent of deputation?
The deputies become alter egos of the Commission. They are subject to
its authority, control and supervision in respect of the particular
functions covered by such deputation.
The acts of such deputies within the lawful scope of their delegated
authority are, in legal contemplation, the acts of the Commission itself.
Q. What is the limit on deputation?
It cannot suspend or remove the deputy from his or her original position.
It can only recommend.
Q. What is covered by the power to recommend and to whom?
Guji: These ones are not so important na
It may recommend to Congress measures:
1. Minimize election spending
2. Limitation of common poster areas
3. Prevention of and penalty for all forms of election fraud,
offenses, malpractices and nuisance candidates
It may recommend to the President:
1. Removal or suspension of its deputies
2. For violation, disregard or disobedience to its directive, order
or decision
Q. What must be done prior to recommendation?
It must first satisfy itself that indeed there has been an infraction of the
law or its allied directives by the person administratively charged.
Thus, it may take cognizance of an administrative case involving
performance of duties of a city prosecutor as a deputized canvasser.
Tan v. Comelec
It relates to the performance of his duties as canvasser and not as
prosecutor.
Diocese of Bacolod v COMELEC
In disallowing oversized tarpaulins in private property, the Commission
cannot invoke its power to recommend because it pertains to candidates
only.
REGISTER POLITICAL PARTIES AND PARTY-LIST
POWER TO REGISTER POLITICAL PARTIES AND PARTY-LIST
Q. What is a political party?
It refers to an organized group of citizens advocating an ideology or
platform, principles and policies for the general conduct of government
and which, as the most immediate means of securing their adoption,
regularly nominates and supports certain of its leaders and members as
candidates for public office.
A. National party – constituency is spread over the geographical
territory of at least a majority of the regions.
ELECTION LAWS | Atty. Ferdinand Gujilde | Notes by Tanya Ibanez | Updated by EH407 2016-17
B. Regional – constituency is spread over the geographical
territory of at least a majority of the cities and provinces
comprising the region.
Groups that cannot be registered as political party:
A. Religious denominations and sects
B. Those which seek to achieve their goals through violence or
unlawful means
C. Those which refuse to uphold and adhere to the Constitution
D. Those which are supported by any foreign government
Santos v. Comelec
But the power to determine the identity of a political party or whether it
is separate and distinct from another party is exclusive unless gravely
abused.
Q. Why is foreign support prohibited?
It constitutes interference in national affairs. Thus, financial
contributions from foreign governments and their agencies to political
parties, organizations, coalitions, or candidates related to elections are
prohibited.
Q. What happens if it is accepted?
It constitutes additional ground for the cancellation of their registration
with the Commission, in addition to other penalties that may be
prescribed by law.
Groups that cannot be registered as party-list
1. A religious sect or denomination, organization or association
organized for religious purposes
2. Advocates violence or unlawful means to seek its goal
3. A foreign party or organization
4. Receiving support from any foreign government, foreign
political party, foundation, organization, whether directly or
through any of its officers or members or indirectly through
third parties for partisan election purposes
5. Violates or fails to comply with laws, rules, or regulations
relating to elections
6. Declares untruthful statements in its petition
7. Has ceased to exist for at least 1 year, or it fails to participate
in the last 2 preceding elections or fails to obtain at least 2
per centum of the votes cast under the party-list system in
the 2 preceding elections for the constituency in which it has
registered.
SUPERVISE OR REGULATE FRANCHISES OR TRANSPO
POWER TO SUPERVISE OR REGULATE FRANCHISES
Q. What is the coverage of the supervisory and regulatory
powers?
It covers enjoyment or utilization of all franchises or permits for the
operation of transportation and other public utilities, media of
communication or information, all grants, special privileges, or
concessions granted by the Government or any of its subdivision, agency
or instrumentality, including any GOCC or its subsidiary.
Adiong case, cited in 1-UTAK
Such supervisory power does not extend to the very freedom of an
individual to express his or her preference of candidates in an election
by placing election campaign stickers on his or her vehicle. Otherwise,
it is a violation to the ownership rights and one’s freedom of expression
1-UTAK
The Constitution merely grants the Commission power to supervise the
employment and utilization of all franchises and permits of public
utilities. It does not extend to the ownership per se of PUVs and
transport terminals but only to the franchise or permit to operate them.
6|U N I V E R S I T Y O F S A N C A R L O S S L G
The posting of campaign materials on PUVs and terminals is not only a
form of political expression but an act of ownership.
Diocese of Bacolod v COMELEC
Oversized tarpaulin stating Team Patay and Team Buhay. COMELEC
ordered the removal because it exceeded the allowable campaign
material size. Diocese of Bacolod tried to assert their ownership rights
over the private property.
Held: SC upheld the property rights of the Diocese of Bacolod. Size
matters.
Q. What is the limit to these powers?
To ensure equal opportunity, time and space, and the right to reply,
including reasonable, equal rates for it, for public information campaigns
and forums among candidates in connection with the objective of
holding free, orderly, peaceful and credible elections.
Q. What is an election survey?
It refers to the measurement of opinions and perceptions of the voters
as regards a candidate’s popularity, qualifications, platforms or a matter
of public discussion in relation to the election, including voters’
preference for candidates or publicly discussed issues during the
campaign period.
Q. Can election surveys be published? Yes
SWS v. Comelec
Facts: The Comelec prohibited the publication of election surveys
affecting national and local candidates 15 and 7 days before an election
period, respectively.
Held: It is unconstitutional because:
1. It imposes a prior restraint on the freedom of expression
2. It is a direct and total suppression of a category of expression
even though such suppression is only for a limited period
3. The governmental interest sought to be promoted can be
achieved by means other than the suppression of freedom of
expression.
Q. What about newspaper columns and commentaries about
candidates?
NPC v. Comelec
The prohibition against political advertisements for newspapers, radio
broadcasting or television station and other mass media does not restrict
reporting of news and news events relating to candidates, their
qualifications, political parties and their platforms of government. It does
not cover commentaries, expressions of belief or opinion for as long as
they are not in fact advertisements for candidates secretly paid for.
Q. Are members of the media allowed to run for public office?
Sanidad v. Comelec
Yes, provided he takes leave of absence. Any mass media columnist,
commentator, announcer or personality who is a candidate for any
elective public office is required to take a leave of absence from his or
her work as such during the campaign period. It is to prevent the
possibility that a franchise holder may favor or give any undue
advantage to a candidate in terms of advertising space or radio or
television time. The columnist or commentator who is also a candidate
would be more exposed to the voters to the prejudice of other
candidates unless required to take a leave of absence.
Q. Are members of the media allowed to campaign for or
against a plebiscite?
Yes, especially since there are no candidates here. In case of doubt, rule
in favor of freedom of expression.
ELECTION LAWS | Atty. Ferdinand Gujilde | Notes by Tanya Ibanez | Updated by EH407 2016-17
Sanidad v. Comelec
Facts: Comelec resolved that no mass media columnist, commentator,
announcer or personality shall use his or her column or radio or
television time to campaign for or against the plebiscite issues.
Petitioner contends that it violates constitutional guarantees of the
freedom of expression and of the press. Unlike a regular news reporter
or news correspondent who merely reports the news, a columnist
obviously and necessarily writes his or her opinions, views and beliefs
on any issue or subject. It thus constitutes prior restraint on the
constitutionally-guaranteed freedom of the press and further imposes
subsequent punishment for those who may violate it because it contains
a penal provision.
Comelec contends that it is a valid implementation of its power to
supervise and regulate media during election or plebiscite period. It does
not absolutely bar petition from expressing his views and/or from
campaigning for or against the Organic Act. He may still express his
views or campaign for or against the act through the Comelec space and
airtime.
Held:
It is unconstitutional. What was granted to the Comelec was the power
to supervise and regulate the use and enjoyment of franchises, permits
or other grants issued for the operation of media of communication or
information. It does not include the right to supervise and regulate the
exercise by media practitioners themselves of their right to expression
during plebiscite periods. Media practitioners exercising their freedom of
expression during plebiscite periods are neither the franchise holders
nor the candidates. In fact, there are not candidates involved in a
plebiscite.
Q. What is exit poll?
It is a species of electoral survey conducted by qualified individuals or
groups of individuals to determine the probable result of an election by
confidentially asking randomly selected voters whom they have voted
for, immediately after they have officially cast their ballots.
Q. Is it allowed?
No law prohibits the holding and reporting of exit polls. To ban it
absolutely will violate the freedom of expression, speech and of the
press.
ABS-CBN v. Comelec
But it was argued that it should not be allowed, otherwise it violates the
sanctity and secrecy of the ballot, conditions the public mind and
confuses who won and lost in the elections.
These are purely speculative.
First, by the very nature of a survey, the interviewees or participants are
selected at random, so that the results will as much as possible be
representative or reflective of the general sentiment or view of the
community or group polled.
Second, the survey result is not meant to replace or be at par with the
official Comelec count. It consists merely of the opinion of the polling
group as to who the electorate in general has probably voted for, based
on the limited date gathered from polled individuals.
Finally, not at stake here are the credibility and the integrity of the
elections, which are exercises that are separate and independent from
the exit polls.
The holding and the reporting of the results of exit polls cannot
undermine those of the elections, since the former is only part of the
latter. If at all, the outcome of one can only be indicative of the other.
7|U N I V E R S I T Y O F S A N C A R L O S S L G
Q. So is it allowed?
ABS-CBN v. Comelec
It is not prohibited, but may be regulated.
A. A specific limited area for conducting exit polls may be designated
B. Only professional survey groups may be allowed to conduct the
same
C. Pollsters may be kept at a reasonable distance from the voting
center.
D. They may be required to explain to voters that they may refuse
to be interviewed, and that the interview is not part of the official
balloting process
E. The pollsters may further be required to wear distinctive clothing
that would show they are not election officials
F. They may be required to undertake an information campaign on
the nature of the exercise and the results to be obtained
G. These measures, together with a general prohibition of disruptive
behaviour, could ensure a clean, safe and orderly election.
Q. Does it not violate ballot secrecy?
ABS-CBN v. Comelec
In exit polls, the contents of the official ballot are not actually exposed.
The revelation of whom an elector has voted for is not compulsory, but
voluntary. Voters may also choose not to reveal their identities.
They may be required to undertake an information campaign on the
nature of the exercise and the results to be obtained.
These measures, together with a general prohibition of disruptive
behavior, could ensure a clean, safe and orderly election.
Q. Did COMELEC issue such rules?
Yes, pollsters are:
 Not allowed to conduct a survey within 50 meters from the
polling place
 Wear distinctive clothing
 Inform the voters that they may refuse to answer
INVESTIGATE AND PROSECUTE
POWER TO INVESTIGATE AND PROSECUTE
Q. What covers this power?
It includes cases of violations of election laws, including acts or
omissions constituting election frauds, offenses and malpractices.
Q. Is it exclusive?
OLD: OEC – Comelec has the exclusive power to investigate and
prosecute election offenses. But it may avail of the assistance of
prosecuting arms of the government.
NOW: RA 9369 – Comelec and the prosecuting arms of the
government have concurrent jurisdiction to investigate and
prosecute election offenses.
Power to investigate and prosecute does not include the duty
to gather evidence.
Kilosbayan v. Comelec
Facts:
A letter-complaint was filed before the Comelec alleging use of
government funds for election purposes. The evidence attached were a
newspaper column, transcripts of testimony in Congress hearings and
an affidavit. It was dismissed for insufficiency of evidence, for being
plain conjectures and hearsay. But it was argued that it is incumbent
upon the Comelec to gather evidence as part of its constitutional duty
to investigate and prosecute election offenses.
ELECTION LAWS | Atty. Ferdinand Gujilde | Notes by Tanya Ibanez | Updated by EH407 2016-17
Held:
The power to investigate and prosecute does not include the physical
searching and gathering of proof in support of a complaint for an alleged
commission of an election offense. A complainant, who in effect accuses
another person of having committed an act constituting an election
offense, has the burden, as it is his responsibility, to follow through his
accusation and prove his complaint.
The claim that the complainant is a mere informant and not the private
complainant with the burden of proof is ridiculous.
The power to investigate and prosecute election offenses is
administrative in nature
Determination of probable cause for the purpose of filing an election
offense case, although involves application of the knowledge of the law,
is not an exercise of quasi-judicial function because it is an
administrative function.
Baytan v. Comelec
The power to investigate and prosecute election offenses, like double
registration, is inherently administrative. Hence, it may be decided
directly by the Commission en banc as opposed to the exercise of quasi-
judicial power which should be heard first by division and later by the
en banc on motion for reconsideration.
Q. What is covered by the constitutional duty to report?
The Comelec submits to the President and the Congress a
comprehensive report on the conduct of each election, plebiscite,
initiative, referendum, or recall.
Q. Does the Comelec exercise judicial powers?
Sandoval v. Comelec
Essentially, it does. But since judicial power is technically exercised by
judges and justices, it is more apt to say it performs quasi-judicial
functions. If the power is judicial in nature or character, but it does not
involve the functions of a judge or is conferred upon an officer other
than the judge, it is quasi-judicial.
Q. When can we say that it exercises quasi-judicial functions?
1. When it exercises original and appellate jurisdiction over election
contests, including pre-proclamation controversies
2. Appeals from the rulings of the BOCs involving pre-proclamation
controversies.
3. Annulment of proclamation and determination of existence of
manifest errors requires arbitration hence quasi-judicial.
4. Petition for declaration of failure of election on the ground of
missing names and control date, unsecured ballot boxes, delay
in the delivery of election returns.
TN: Its determination is only an exercise of administrative functions and
determination of probable cause is administrative.
Sarmiento v COMELEC
Appeals from rulings of the Board of Canvassers involve pre-
proclamation controversies
Sandoval v COELEC
Annulment of proclamation and determination of existence of manifest
errors require arbitration hence quasi-judicial
Canicosa v COMELEC
Petition for declaration of failure of election on the ground of missing
names and control data, unsecured ballot boxes, delay in the delivery of
election returns.
Its determination is only an exercise of administrative functions.
8|U N I V E R S I T Y O F S A N C A R L O S S L G
TN: Again, it is important to distinguish because if administrative, the
COMELEC en banc can acquire jurisdiction right away. If quasi-judicial, it has
to go through a division before en banc can acquire jurisdiction.
Q. What are the necessary incidents of the exercise of quasi-
judicial powers?
Mendoza v. Comelec
A. It holds hearings and exercises discretion of a judicial nature.
B. It receive evidence, ascertains facts, and determines the law
and legal rights of the parties.
C. It decides on the merits of the case and renders judgment.
LEGISLATIVE POWERS
Q. What are the legislative powers of Comelec?
A. Rule-making power, “laws and regulations”
B. Suspension of Rules of Procedure
RULE-MAKING POWER
RULE MAKING POWER, “LAWS AND REGULATIONS”
1987 Constitution
It promulgates rules concerning pleadings and practice before it.
Provided, it does not diminish, increase or modify substantive rights.
Omnibus Election Code
Promulgate rules and regulations implementing the OEC and other laws
which is required to enforce and administer.
In case of conflict between its rules and any other administrative
government agency concerning the same matter relative to elections,
the Comelec rules prevail.
Q. What is the history of the rule-making power of the
Comelec?
A. 1935 Constitution – It has exclusive charge to enforce and
administer all laws relative to the conduct of elections.
B. 1973 Constitution – It enforces and administers all laws
relative to the conduct of elections. But, it was not expressly
granted the power to promulgate rules and regulations. It
may only be granted by Congress through a special law.
C. 1987 Constitution – It enforces and administers all laws and
“regulations” relative to the conduct of elections.
Gallardo v. Tabamo
The incorporation of the word “regulations” took into account its powers
to promulgate rules and regulations implementing election law under
the Omnibus Election Code. This upgrades the statutory authority to
promulgate rules and regulations into a constitutional authority.
Otherwise, Congress may withdraw it anytime and it will violate the
independence of the Comelec.
Q. Are the rules promulgated by the Comelec binding on the
regular courts?
Aruelo Jr v. CA
No. The rules concerning pleadings and practice promulgated by the
Commission on Elections in the exercise of its power to promulgate rules
and regulations are applicable to actions and proceedings brought
before it only. Thus, the prohibition of motion to dismiss and motion for
bill of particulars does not apply in election protest cases filed before the
regular courts where the Rules of Court applies.
ELECTION LAWS | Atty. Ferdinand Gujilde | Notes by Tanya Ibanez | Updated by EH407 2016-17
SUSPENSION OF RULES OF PROCEDURE
SUSPENSION OF RULES OF PROCEDURE OF COMELEC
Q. Can the Comelec Rules of Procedure be suspended?
Yes, in the interest of justice and in order to expedite disposition of cases
pending before it.
Llana v. Comelec
Facts:
A candidate lost by a mere 24 votes. It turned out however that in one
election return, his 42 votes was transposed to be a statement of votes
as only 4, denying him 38 votes that could have won him the election.
The election protest he filed was treated as a petition to correct manifest
error. It was opposed because it must be done within 5 days from
proclamation. It was late by 2 days.
Held:
The Comelec has broad powers. It includes resolution and determination
of election controversies. It has also the power to promulgate its rules
to expedite disposition of election cases. Concomitant to such powers is
the authority to determine the true nature of cases before it. Thus, it
examines the allegations in the pleadings, aware that in determining the
nature of the complaint, the averment, rather than the caption, is the
proper gauge. The primary duty is to determine the will of the people.
When it treated it as correction, it simply complied with its duty.
JUDICIAL POWERS
JUDICIAL POWERS
 Chosen based on proportional representation
 Most senior Justice acts as the Chair
Q. What is their function?
They are the sole judge of all contests relating to the:
A. Election
B. Returns
C. Qualifications of their respective members
Q. What is the extent of their jurisdiction?
Lazatin v. HRET
The use of the word “sole” emphasizes the exclusive character of the
jurisdiction conferred. It is complete and unimpaired as if it remained
originally in the legislature. Characterized as full, clear and complete.
It excludes the exercise of any authority on the part of the Supreme
Court that affects, curtails or restricts it. It is beyond judicial interference
except if it is arbitrary and denies due process. Thus, in case of conflict
between the Omnibus Election Code and the HRET rules on timeliness,
the latter prevails.
Tecson v. Comelec
Guji: wala nani ha. This has been overruled by Llamanzares-Poe v
Comelec case
But while it is true that the Supreme Court is the sole judge of all
contests relating to the qualifications of the President, it applies only to
the elected President, and not to the candidate for President, which the
Comelec has jurisdiction.

Q. What are the judicial powers of Comelec? Llamanzares-Poe v COMELEC

 Exercise original jurisdiction over regional, provincial and city The COMELEC is without jurisdiction to disqualify candidate without the
election contests and appellate jurisdiction over municipal and prior finding of a competent court of justice that such candidate is
barangay election contests disqualified.
 Power to issue extraordinary writs
Q. When does the jurisdiction of the Comelec end and the HRET
 Contumacy powers
begin?
 Jurisdiction on en banc or division
Lazatin v. Comelec
JURISDICTION OVER ELECTION CONTESTS
Facts: A district representative was proclaimed, took oath and assumed
office. But the proclamation was nullified by the Comelec because it was
JURISDICTION OVER ELECTION CONTESTS
void. The BoC simply corrected the contested returns without waiting
for their final resolution.
Article IX (C), Section 2
Exercise exclusive jurisdiction over all contests relating to the elections,
Held: The jurisdiction pertains to the HRET because the district
returns, and qualifications of all elective regional, provincial, and city
representative already assumed office.
officials, and appellate jurisdiction over all contests involving elective
municipal officials decided by trial courts of general jurisdiction, or TN: Once the Comelec proclaims you as the winner, the Comelec loses jurisdiction.
involving elective barangay officials decided by trial courts of limited Jurisdiction now pertains to the Trial Courts.
jurisdiction.
Reyes v. Comelec
Decisions, final orders, or rulings of the Commission on election contests Facts: The COC of a district representative was cancelled for material
involving elective municipal and barangay officials shall be final, misrepresentation. But since it did not acquire finality yet, she was
executory and not appealable. proclaimed. The cancellation became final. But she now argues that
after proclamation, the Comelec lost jurisdiction over her qualification
ELECTORAL TRIBUNALS and it now pertains to the HRET.
Supreme Court en banc transforms itself into an electoral tribunal.
TN: PET cannot review its own decision, unless it is a motion for Held:
reconsideration. Despite proclamation, the Comelec retains jurisdiction because three
conditions did not concur for the HRET to acquire it:
Q. What are the Electoral Tribunals? A. Valid proclamation
1. Presidential Electoral Tribunal (PET) B. Proper oath
2. Senate Electoral Tribunal (SET) C. Assumption to office (Noon of June 30 following the elections)
3. House of Representatives Electoral Tribunal (HRET)
Proclamation alone does not make Comelec lose jurisdiction. Only upon
Q. What is their composition? concurrence of three instances shall the COMELE lose its jurisdiction to
A. PET – Supreme Court en banc HRET.
B. SET & HRET – 9 members
 3 Justices of the Supreme Court
 6 Members of the Senate or House
9|U N I V E R S I T Y O F S A N C A R L O S S L G
ELECTION LAWS | Atty. Ferdinand Gujilde | Notes by Tanya Ibanez | Updated by EH407 2016-17
Q. When does the en banc acquire jurisdiction over election
contests?
Only upon motion for reconsideration of the division’s decision,
resolution, order or ruling. But, it must first be filed in the Division before
the en banc takes cognizance through a motion for reconsideration.
TN: File a motion for reconsideration over the division’s decision to the en
banc.
Roces v. HRET
Facts: There was a pending case for disqualification which incidents
include motions to withdraw and to substitute. But the division did not
promulgate on a date according to its notice to the parties. Two days
before the filing of the motion for reconsideration, the en banc deleted
the name of the candidate and denied the motions to withdraw and to
substitute.
Thus, the BoC did not canvass the votes of the candidate or the
substitute and proclaimed the winner even after only 6k out of 120k
votes were canvassed.
Held: The en banc usurped the jurisdiction of the division in the absence
of a motion for reconsideration. Nowhere is it provided in the law that
the en banc has the power to assume motu proprio over a petition to
deny due course pending before a division.
TN: If it calls for the application of law – quasi-judicial in nature (must pass first
before the division before the en banc)
Bulilis v. Nuez
Facts: A Punong barangay won by a margin of 4 votes but it was
protested before the MTC. A notice of preliminary hearing was issued,
but the counsel for the winner claimed he did not receive it, or even if
he did, it was not specified as preliminary conference thus he failed to
file a brief.
The Court then allowed protestant to present evidence ex parte. The
counsel for the winner fled petition for certiorari before the RTC but it
was dismissed for lack of jurisdiction.
Held: In aid of its appellate jurisdiction, the Comelec takes cognizance
over petitions for certiorari against all acts or omissions of courts in
election cases, including interlocutory orders.
In aid of its appellate jurisdiction means that if a case may be appealed
to a particular court or tribunal, it has jurisdiction to issue writ of
certiorari.
TN: It can take cognizance over petitions of certiorari only in aid of its appellate
jurisdiction.
Q. Does the hierarchy of courts apply in election cases?
Flores v. Comelec
Facts: Section 9 of RA 6679 provides that the decision of the MTC on an
election protest may be appealed to the RTC.
Held: This is unconstitutional. The Comelec exercises appellate
jurisdiction over all contests involving elective municipal officials decided
by trial courts of general jurisdiction or elective barangay officials
decided by trial courts of limited jurisdiction. And such decision shall be
final, executory and un-appealable.
TN: See Constitution
If barangay – go to MTC
If elective official – RTC
Q. Is this rule absolute?
No, it applies only to questions of fact and not of law. It was not intended
to divest the SC of its authority to resolve questions of law as inherent
in its judicial power of review.
10 | U N I V E R S I T Y O F S A N C A R L O S S L G
POWER TO ISSUE EXTRAORDINARY WRITS
POWER TO ISSUE EXTRAORDINARY WRITS
Q. Does the Comelec have the power to issue writs of certiorari,
mandamus and prohibition?
Carlos v. Angeles
Yes, but only in such cases where it has exclusive appellate jurisdiction
over all contests involving elective municipal and barangay officials.
Simply put, only in aid of its appellate jurisdiction.
Bulilis v. Nuez
A court may issue a writ of certiorari in aid of its appellate jurisdiction if
it has jurisdiction to review, by appeal or writ of error, the final orders
or decisions of the lower court.
Q. Is the power to issue writs of certiorari, mandamus and
prohibition exclusive to Comelec?
No, it is concurrent with the Supreme Court. But whichever takes
cognizance first exercises exclusive jurisdiction.
CONTUMACY POWERS
CONTUMACY POWERS
Power to cite in contempt
Q. Does the Comelec have the power of contumacy?
Filipinas Eng’g Machine
Only as an incident to the exercise of its quasi-judicial functions.
Q. What constitutes contempt?
Any violation of any final and executory decision, order or ruling of the
Commission.
JURISDICTION OF EN BANC OR DIVISION
JURISDICTION OF EN BANC OR DIVISION
Q. When does the Comelec sit in division?
Canicosa v. Comelec
In the exercise of its quasi-judicial powers, the Comelec is mandated to
hear can decide cases first by division, and upon motion for
reconsideration by the en banc. This is when it is jurisdictional.
Sarmiento v. Comelec
Facts: The en banc ruled on several appeals from the rulings of the
Board of Canvassers involving pre-proclamation controversies.
Held: Election cases include pre-proclamation controversies. Thus, the
en banc has no authority to hear and decide it at the first instance.
Soller v. Comelec
The en banc does not have the requisite authority to hear and decide
election cases including pre-proclamation controversies in the first
instance. It pertains to the division. Any decision by the en banc as
regards election cases decided by it is null.
Q. When does the Comelec sit en banc?
In the exercise of its administrative powers.
Baytan v. Comelec
Determination of probable cause for the election offense of double
registration is administrative.
Canicosa v. Comelec
Declaration of failure of election is purely administrative. Only the SC en
banc can declare a failure of election.
ELECTION LAWS | Atty. Ferdinand Gujilde | Notes by Tanya Ibanez | Updated by EH407 2016-17
CORRECTION OF MANIFEST ERRORS
Q. What is manifest error?
Llana v. Comelec
A. Evident to the eye and understanding
B. Visible to the eye
C. That which is open, palpable and incontrovertible
D. Needing no evidence to make it more clear
E. Not obscure or hidden
Q. What are the instances of manifest error?
A. A copy of election returns or certificate of canvass was
tabulated more than once
B. Two copies of election returns or certificates of canvass were
tabulated separately
C. There was a mistake in the adding or copying of the figures
into the certificate of canvass or into the statement of votes
D. So-called election returns from non-existent precincts were
included in the canvass.
Q. How is a manifest error corrected?
The Board of Canvassers may, motu proprio, or upon verified petition
by any candidate or political party, after due notice and hearing, correct
the error.
Q. Can a manifest error be corrected after proclamation?
Torres v. Comelec
Facts: Manifest error was corrected after proclamation upon the request
of the BoC. It was argued it is allowed only prior to proclamation because
after proclamation, the Board of Canvassers loses jurisdiction.
Held: A proclamation based on a statement of votes containing
erroneous entries is null. It is no proclamation at all and the assumption
to office of the proclaimed winner does not divest the Commission on
Elections the power to annul proclamation. Since the SOV forms the
basis of COCP, any error affects the validity of the proclamation.
INTERLOCUTORY ORDERS
Q. Can the Comelec issue interlocutory orders?
Yes, as an incident of the exercise of quasi-judicial powers.
Q. Where is it challenged?
Kho v COMELEC
GR: It is taken to the SC Division via certiorari, and not to the en banc.
XPN: If it falls under Section 2, Rule 3 of the Comelec Rules:
Upon a unanimous vote of all Members of a Division, an interlocutory
matter or issue relative to an action or proceeding before it is decided
to be referred to the en banc.
SUBJECT OF MOTION FOR RECONSIDERATION
Q. What are subjects of motion for reconsideration?
Decision, resolution, order or ruling of a Division.
Q. Can the en banc automatically acquire jurisdiction even
without a motion for reconsideration?
Yes, if the required number is not obtained.
Q. What is that required number?
Concurrence of at least 2 out of 3 members of the division.
Garvida v. Sales
Facts: Without referring the case to any of its divisions, the en banc
directed the canvassers to suspend the proclamation of a candidate
whose eligibility is in question, in case she wins.
11 | U N I V E R S I T Y O F S A N C A R L O S S L G
Held: The en banc acted without jurisdiction or gravely abused its
discretion.
Zarate v. Comelec
Facts: The MTC annulled the proclamation of an SK Chair because 8
votes in his favor were considered marked ballots. He appealed to the
Comelec and the en banc annulled the decision of the MTC.
Held: It transgresses the Constitutional mandate that election cases
should be heard and decided by the Division at the first instance.
Soller v. Comelec
Facts: An election protest was sought to be dismissed on the ground of
lack of jurisdiction because of non-payment of filing fee. But it was
denied by the RTC. It was brought to the Comelec via certiorari and the
en banc ruled that filing fee was paid.
Held: The order denying the motion to dismiss is an incident of an
election protest. If the principal case decided on merits is appealable to
the division, there is no reason why petitions for certiorari relating to
incidents of election protest should not be decided by the decision at the
first instance. The en banc acted without jurisdiction in taking
cognizance of the petition in the first instance.
QUASI-JUDICIAL POWERS
QUASI-JUDICIAL POWERS
Q. Does the Comelec exercise judicial powers?
Sandoval v. Comelec
Essentially, it does. But since judicial power is technically exercised by
judges and justices, it is more apt to say it performs quasi-judicial
functions. If the power is judicial in nature or character, but it does not
involve the functions of a judge or is conferred upon an officer other
than the judge, it is quasi-judicial.
Q. Are the decisions of the Comelec subject to judicial review?
Yes, unless otherwise provided by the Constitution or by law, any
decision, order or ruling of the Comelec may be brought to the Supreme
Court on certiorari by the aggrieved party within 30 days from receipt.
A judgment or final order or resolution of the Commission on Elections
may be brought by the aggrieved party to the Supreme Court on
certiorari under Rule 65.
TN: Findings of fact of the Comelec supported by substantial evidence is final and
non-reviewable.
Q. What is the effect of filing?
It does not stay execution of judgment, final order or resolution. Unless,
the Supreme Court directs otherwise upon such terms it deems just.
CERTIORARI JURISDICTION OF THE SUPREME COURT
Q. What are the grounds for petitions for certiorari and
prohibition?
A. Acts without or in excess of its jurisdiction
B. Gravely abuses its discretion amounting to lack or excess of
jurisdiction
Provided, there is no appeal, or any plain, speedy and
adequate remedy in the ordinary course of law. (Rule 65)
Q. What is the nature of certiorari jurisdiction of the Supreme
Court over the Comelec?
It is a special civil action, not appellate authority of review.
ELECTION LAWS | Atty. Ferdinand Gujilde | Notes by Tanya Ibanez | Updated by EH407 2016-17
Q. What is covered by the certiorari jurisdiction of the Supreme
Court over the judgment, final ruling, order or resolution of the
Comelec?
A. Grave abuse of discretion amounting to lack or excess of
jurisdiction.
B. Pure questions of law and jurisdiction. (Aratuc v. Comelec)
C. The final orders, ruling and decisions must be in the exercise
of quasi-judicial powers. (Loong v. Comelec)
Aratuc v. Comelec
Facts: The Comelec extended its inquiry of election returns beyond those
examined by the experts and passed upon the canvassers. It also
excluded returns showing 90 to 100% voting turnout.
Held: The Comelec neither exercises its appellate jurisdiction nor judicial
power in this case, hence it can extend its inquiry beyond what was
alleged by the parties.
It exercises plenary prerogative of direct control and supervision over
the canvassers. It is an assertion of statutory authority to preserve the
purity of elections. In doing so, the Comelec did not act wantonly and
arbitrarily.
There may be errors in its conclusions, but these are errors in judgment
not reviewable on certiorari in judgment not reviewable on certiorari for
as long as they are based on substantial evidence.
Loong v. Comelec
The order to manually count election results during automated elections
is in the exercise of administrative power. Hence, it is not reviewable on
certiorari. The choice or means taken by the Comelec should not be
interfered with.
Salva v. Makalintal
Issuance of a resolution calling for plebiscite and stipulating its rules and
regulations is a ministerial duty, which is mere incident of its
administrative functions. As such, it is not issued pursuant to its quasi-
judicial functions.
Thus, it is not in the nature of a final order reviewable by the Supreme
Court on certiorari.
Ambil v. Comelec
Facts: A decision of the Division was signed by the ponente before he
retired but “promulgated” after he did. The order scheduling the
promulgation was challenged via certiorari.
RELATIONSHIP WITH LOWER COURTS
Q. What is the relationship of the Comelec with the lower
courts?
Comelec v. Datu-imam
Facts: The Comelec ordered its field officer to remove one barangay
from a municipality because it had been illegally created. Thus, the
election officer did not accept certificates of candidacy for that barangay.
The Presiding Judge of the MTC enjoined the Comelec from
implementing its order.
Held: Lower courts cannot issue writs of injunction against the Comelec
because of their subordinate status and rank to it.
Macud v. Comelec
In the discharge of its functions, the Comelec should not be hampered
with restrictions. It may err, so may the Supreme Court. But it should
be allowed considerable latitude in devising means and methods to
ensure a free, orderly and honest elections.
If the lower court were to arrogate unto itself the power to disregard,
suspend or contradict any order of the Comelec, that constitutional body
would be speedily reduced to impotence.
Gallardo v. Tabamo
Facts:
A candidate for governor filed a special civil action with the RTC against
his opponent to prohibit him from:
A. Pursuing certain public works projects
B. Releasing, disbursing or spending public funds for such
projects because it fell within the 45-day ban on public works
during the election period.
C. Hiring of hundreds of laborers is intended to buy votes
D. The RTC judge issued a temporary restraining order
Held:
RTC has no jurisdiction over violations of the Omnibus Election Code and
the related resolution issued by the Comelec. The judiciary has no
authority to participate in the enforcement of election laws.
The literal language of the Constitution empowers the Comelec to have
the exclusive charge to enforce and administer all laws relative to the
conduct of elections.

Held: It is premature. It is a decision of a Division, not en banc. There

is no promulgation yet, so the decision sought to be annulled was not
yet received. There is no motion for reconsideration which is mandatory.

Q. Is motion for reconsideration mandatory?

Reyes v. RTC
In a petition for certiorari, motion for reconsideration may be dispensed
with under certain exceptions. It does not apply to election cases where
motion for reconsideration is mandatory by constitutional fiat.

A motion for reconsideration must be elevated to the en banc which final

decision is reviewable via certiorari by the Supreme Court.

Q. If the en banc decides administratively, can there be a

motion for reconsideration?
No, unless it involves an election offense. But, if the Division gravely
abused its discretion or acted without or in excess of jurisdiction in
issuing an interlocutory order, and it does not fall under any of the
instances in Section 2, Rule 3 of the Comelec Rules of Procedures, the
remedy is not to elevate it to the en banc but to the Supreme Court via
certiorari.

12 | U N I V E R S I T Y O F S A N C A R L O S S L G