Election 4

ELECTION LAWS | Atty.
Ferdinand Gujilde | Notes by EH407 2015-16| Updated by EH407 2016-17

PART IV. ELECTION PERIOD N. Illegal release of prisoners before and after election
ELECTION PERIOD O. Use of public funds, money deposited in trust, equipment,
facilities owned or controlled by the government for an
Q. When is election period? election campaign
90 days before election and ends 30 days after, unless otherwise P. Carrying of deadly weapons
provided by law. Q. Carrying firearms outside residence or place of business
R. Use of armoured land, water or air craft
Atty Guji: Constitution says election period is 120 days, 90 days before S. Wearing of uniforms and bearing arms
election + 30 days thereafter. However, also the Constitution says that T. Policemen and Provincial guards acting as bodyguards or
in certain special cases, the Comelec can extend the election period. security guards
Whether or not it is a special case, it is for Comelec to decide. It is a U. Organization or maintenance of reaction forces, strike forces
question of fact and finding of facts by Comelec cannot be disturbed by or other similar forces
courts, unless arbitrary or with grave abuse of discretion. The decision V. Prohibition against release, disbursement or expenditure of
to extend is a matter of administrative jurisdiction. public funds
W. Prohibition against construction of public works, delivery of
Q. How is it different from campaign period? materials for public works and issuance of treasury warrants
and similar devices
Peralta v. Comelec X. Suspension of elective provincial city, municipal or barangay
Election period is longer and extends beyond the election day. officer
Atty Guji: Campaign period is part and parcel of election. “Extends OTHER PROHIBITED ACTS
beyond election day” means extends 30 days thereafter. Reason: There A. Prohibited acts during registration of voters
are certain reportorial requirements that need to be done after elections. B. Prohibited acts during voting
C. Prohibited acts during canvassing
Q. Is election period similar to campaign period? D. Prohibitions common to all BEI & BOC
Definitely not because campaign period is just part and parcel of election E. Prohibitions on candidacy and campaign
period. It shorter. Election period is longer and extends beyond the
election date. VOTE BUYING AND VOTE SELLING
Q. What happens if we are already on election period? Who is liable Prohibited acts
Certain private or public acts are prohibited.
A. Giving, offering or promising money or
Atty Guji: What happens there is that there are a number of acts that anything of value
are prohibited either by public offices or even private individuals. You TN: In cash or in kind. It does not matter.
might not be aware that during election period there are things that we
normally use to do but can no longer do because that has been B. Giving or promising any employment,
considered election offenses under the law. In which case, any violation franchise or grant, public or private.
of it, carries with it normally a penalty of one to six years of
imprisonment. Again, we emphasize, that is without the benefit of C. Making or offering to make an
probation. Any person expenditure, directly or indirectly, or
causing an expenditure to be made to any
Q. Why do we prohibit certain acts? person or entity in order.
To ensure the conduct of a free, orderly, honest and credible elections.
Purpose:
Atty Guji: And also, the ultimate goal there is to equalize opportunities (this is the most important consideration)
in so far as the candidates are concerned. We need to control or deprive To induce anyone or the public in general:
some people of the things they normally do outside of the election (a) To vote for or against any candidate
period. withhold his vote in the election
(b) To vote for or against any aspirant for
ELECTION OFFENSES the nomination or choice of a candidate
PROHIBITED ACTS DURING ELECTION PERIOD in a selection process of a political party
Article XXII on Election Offenses, Section 261, Omnibus Election Code: Atty Guji: Vote buying and vote selling do not just
A. Vote buying and vote selling happen in the election day. This also happens during
B. Conspiracy to bribe voters nomination of candidates and party conventions
because the choice of candidate starts there. Because
C. Wagering upon result of election
party nomination is part and parcel of the election
D. Coercion of subordinates period.
E. Threats, intimidation, terrorism, use of fraudulent device or
other forms of coercion Again, the purpose is to buy your vote or buy you not
F. Coercion of election officials and employees to vote.
G. Appointment of new employees, creation of new position, Association, group, Soliciting or receiving, directly or indirectly, any
promotion or giving salary increases corporation, expenditure, or promise of any office for any of
H. Transfer of officers and employees in the civil service community the above.
I. Intervention of public officers and employees
J. Undue influence TN: Directly or indirectly, that might be just an
K. Unlawful electioneering objective that we need to realize. Practically, it is hard
L. Prohibition against dismissal of employees, laborers or to prove when you say indirectly. As a matter of fact,
vote buying and vote selling in itself is very hard to
tenants
prove.
M. Appointment or use of special policemen, special agents,
confidential agents, or the like
1 | U N I V E R S I T Y O F S A N C A R L O S S L G BASALO | FERNANDEZ | FLORO | GARCIA | IBANEZ | MACAPUGAS | REGENCIA | TARAN | Updated by LSG
ELECTION LAWS | Atty. Ferdinand Gujilde | Notes by EH407 2015-16| Updated by EH407 2016-17
Bernardo v. Abalos WAGERING UPON RESULT OF ELECTION
Facts: Father and son were charged with vote buying after they treated
the public school teachers to free transportation, food and drinks affair, Person liable
during which it was announced that they will be given hazard pay and Any person
additional allowance.
Prohibited act
Held: A complaint for vote buying must be supported by affidavits of Betting upon the outcome of the election
complaining witnesses attesting to the offer of money or other
consideration or acceptance of such offer. Self-serving statements and COERCION OF SUBORDINATES
uncorroborated video and visual recordings and photographs are
insufficient. Persons liable
Persons with moral ascendency like public officer, head, superior,
Atty Guji: Because here, they just reported the matter to COMELEC. employer or landowner
They did not gather enough evidence in so far as vote buying is
concerned. Also, they did not present an affidavit of the person who Prohibited acts
took the recording and that could be fatal. 1. Coercion, intimidation or compulsion, or in any manner
influence, directly or indirectly any of their subordinates
Many people come to us, give us videos, give us stills (photographs) to
prove vote buying or vote selling. But, they do not present to us the Purpose of coercion, intimidation or compulsion
person who took the video or the person who took the photographs. To aid, campaign or vote for or against any candidate or any
And if you don’t present to us those persons, your case will always fail. aspirant for nomination.
Remember, that in court, we need evidence. This might be true at first
glance, but what we need is sufficient evidence to prove probable cause. Atty Guji: VERY IMPORTANT. This is the controlling factor. If
the purpose is something else, the Comelec has no jurisdiction
Kilosbayan v. Comelec and it can probably be a criminal offense which can be filed
It is not the duty of the Comelec to gather evidence in support of your with DOJ.
complaint for election offences. It is incumbent upon the complainant to
convince the Comelec that there is indeed sufficient basis to hold the Coercing your subordinates, that is still enumerated in OEC
person in trial for a certain election offense. but, it has been repealed with RA 7890. E.g. pugson imong
katabang o employado, na mu-vote sa imong relative. This
Lozano v. Comelec has been repealed. But just because it is repealed, they can
Facts: A candidate for mayor was charged with vote-buying after he do that, still it is prohibited but in another form of election
distributed gift packages and leaflets of his ticket to the constituents offense as you will know later.
during campaign period. It was part of the annual gift-giving tradition
of the city government. 2. Retaliation or penalty
Held: THREATS, INTIMIDATION, TERRORISM, USE OF FRAUDULENT

Section 261(a), the law on vote-buying, also penalizes vote-selling. DEVICE OR OTHER FORMS OF COERCION
Thus, a complaint for vote buying must be pursued against both the
buyer and seller. It requires more than a tenuous deduction to prove Person liable
the offense of vote-buying. There must be concrete and convincing Any person
evidence or at least strong circumstantial evidence.
Prohibited acts
Atty Guji: This is very important. Vote buying also penalizes vote selling because
that is to be prosecuted and investigated in tandem. No one can vote if no one Compulsion or induction through threats, intimidation, terrorism, use of
sells the vote. If you try to file a case for vote buying, it must be in tandem with fraudulent device or other forms of coercion or acts relating to
vote selling because there is collusion or conspiracy there. You cannot have a registration, campaign and voting upon any person or persons or that
buyer without a seller or vice versa. of the immediate members of his family
Problem in proving vote buying or vote selling is that no one will come forward to Atty Guji: TN: Even during registration period, there can already be
testify. Most of the time, the transaction is beyond public view and the only
election offenses.
witnesses are the vote buyer and vote seller. However, both are equally guilty so
who else would come to tell the story? Rampant as it is, in the absence of a
witness, a complaint will never prosper. COERCION OF ELECTION OFFICIALS AND EMPLOYEES
Election offenses are criminal offenses. And criminal cases, election offenses, they Person liable
rise and fall on the presence and integrity of the witness. As a matter of fact, under Any person
the law, there is that immunity granted to a person who is guilty of vote buying
and vote selling to come out, tell the story and be immune from investigation,
Prohibited acts
prosecution and conviction. But, so far, wala pa’y ni come forward because there
is collusion. For as long as people look at election not as political exercise but as
Threatens, intimidates, terrorizes, or coerces any election official or
an economic opportunity to earn, we can never get rid of vote buying and vote employee in the performance of his election duties.
selling.
Atty Guji: The coercion and intimidation must be in the performance of
CONSPIRACY TO BRIBE VOTERS the duty. If not, it is something else which the Comelec has no
jurisdiction.
Person liable
Two or more persons, candidates or not. In as far as private issues are concerned, there might be some cases
from the penal code, Civil Code but not from the Omnibus Election Code.
Prohibited act Therefore, private acts are not included.
Agree to violate paragraph (a) and decide to commit it.
TN: Par (a) refers to the vote buying and vote selling.
APPOINTMENT OF NEW EMPLOYEES, ETC Held:
No. For having satisfied the formal requisites and procedure for
APPOINTMENT OF NEW EMPLOYEES, CREATION OF NEW appointment as Councilor, which is an official position outside the
POSITION, PROMOTION OR GIVING SALARY INCREASES contemplation of the election ban, respondent's appointment is declared
valid. The permanent vacancy for councilor exists and its filling up is
Atty Guji: This is prohibited during the election period. But not governed by the Local Government Code while the appointment referred
necessarily at the onset of election period. There is that certain time to in the election ban provision is covered by the Civil Service Law. As
when it is prohibited, normally it is 45 days prior to election day. But
an exception to the Sec. 261 (g) of the Omnibus Election Code, a new
don’t be obsessed by the date the prohibition arises.
employee may be appointed in case of urgent need. Provided, however,
Person liable That notice of the appointment shall be given to the Commission within
Any head, official or appointing authority of a government office, agency three days from the date of the appointment. Any appointment or hiring
or instrumentality whether national or local, including GOCC in violation of this provision shall be null and void.
Prohibited acts (only apply to government sector) The prohibition does not apply if the appointment is intended to fill out
A. Appointment or hiring of any new employee, provisional, a vacancy in a local elective position which is governed by the Local
temporary or casual. Government Code. The appointment referred to in the election ban
provision is covered by the Civil Service Law.
Atty Guji: New employee. The prohibition is only limited to any new
employee but if you renew/appoint the employment of an employee, it is Atty Guji: In other words, if the appointment is not covered by the Civil Service
allowed. CSC says that casual, job orders, temporary, or contractual Rules, then it can be allowed. In which case, if a Councilor dies, there will be an
employees do not have employee-employer relationship with the appointment. What if during an election period, one councilor died, are we not
government. However, CSC also says that it could be a gray area because going to issue a replacement through an appointment just because there is a
even if they don’t maintain EE-ER relationship with gov’t, they are paid out prohibition? The answer is we can because that is covered by the Local
of gov’t funds. Government Code and not by the Civil Service Law. The prohibition only applies to
appointments covered by Civil Service Law.
B. Creation and filling any new position.
Except: C. Promotion
1. Upon prior authority from the Commission
2. Urgent need D. Giving any salary increase or privilege to any government official
or employee, including GOCC. (prohibition is absolute)
Atty Guji: So even if there is a prohibition, there is an exception. What you
need to do is secure prior written authority from the commission. Take note Period of prohibition – 45 days before a regular election and 30
here that here are two (2) instances by which you can skirt away from the days before a special election
prohibition.
Atty Guji: The prohibition is absolute and cannot ask exemption from
This does not include designation. Designation is an employee is given a Comelec. When you say privilege, remuneration, or benefits of government
new task or work assignment. employee, it does not cover those existing or previously given. 13 th month
pay is alright or other bonuses already given. Additional bonuses are not
This applies only to the government sector. If there is urgent need, you allowed.
can appoint new employee without prior authority from the commission but
the requirement is within 3 days from appointing the new employee, you TRANSFER OF OFFICERS & EMPLOYEES IN THE CIVIL SERVICE
must report the matter to the Comelec and justify why you appointed the
person without informing the Comelec beforehand. Appoint now, inform
the Comelec later and, justify why he was appointed.
Person liable
Any public official
Ong v. Martinez
Prohibited acts
Facts: Two appointees to the vacated position of councilor challenged Making or causing any transfer or detail of any officer or employee in
each other’s appointment because it fell during the prohibitive election the civil service, including public school teachers, except with prior
period. written authority from the Commission.
Atty Guji: For 2016 election, the Comelec resolved that, those under the Office of
Saturnino Herrera, the father of Martinez, was one of LP candidates duly the President, AFP, PNP, lower courts and SC and COMLEEC are granted continuing
elected as Councilor for the 3rd District of Manila. He performed his authority to transfer or detail employees by the function of their work. They need
duties as councilor until his death. He left the position open for not need authority from the Commission.
appointment of a qualified replacement from the same political party
where he belonged. Ong was the defeated candidate of the LP, on the People v. Reyes
strength of an indorsement by the Treasurer of the said party, was Even if the employee was transferred during the election period, when
appointed on to fill the vacancy created. During the regular session of the resolution on how to secure approval of the Commission has not yet
taken effect on the day of transfer, the penal provision cannot be
the City Council, Ong was excluded from the appointment
enforced as the rules on the subject were yet inexistent
The incumbent LP Councilors of the City Council endorsed the Atty Guji: First premise, Congress passes a law. And these prohibitions are actually
appointment of Martniez pers their resolution. This resolution was contained in the Omnibus Election Code and that is a legislative act, but statuory
forwarded to the Office of the Chairman of the Liberal Party, Manila construction would tell us that normally these are incomplete laws. What we need
Chapter. Martinez assumed and performed her duties as Councilor. A is, subordinate legislation enacted or promulgated by administrative bodies like
the Comelec. So even if there is a prohibition under the law, but the Comlec has
TRO was issued against Martinez assailing her appointment and not yet issued a resolution by which you may know how to apply for exemption,
assumption of duties. even if you violated it, but the Comelec has not issued the resolution, you can be
spared from liability. Because of due process.
Issue: Whether the appointment of Martinez must be annulled and
For 2016 election, the Comelec resolved that, those under the Office of the
declare Ong as the holder of the position of Councilor in place of
President, AFP, PNP, lower courts and SC and COMLEEC are granted continuing
deceased Saturnino Herrera
authority to transfer or detail employees by the function of their work. They need What is partisan political activity?
not need authority from the Commission. Anything you to promote the triumph or defeat of a particular candidate
in the election.
People vs. Reyes (Case Digest)
Buenaventura Maniego, from Bureau of Customs (BOC), Manila issued
Mere liking, sharing, posting, or making a comment on social media on
a personnel order assigning Jovencio Ebio as Special Assistant to the
anything about the candidates is considered partisan political activity.
Office of the Deputy Collector of Customs for Operations. The actual
Constitution says that employees under the Civil Service Law are
transfer was completed. Later, Ebio filed with Comelec to protest his
prohibited in electioneering or partisan political activity.
transfer. He claimed that his new assignment violated the Comelec
Resolution and OEC, which prohibit the transfer of any employee in the
How can employees under the Civil Service Law participate in the
civil service 120 days before the May 11, 1992 synchronized national
elections?
and local elections.
They can vote only and keep order in case of a peace officer.
Issue: Whether Maniego is liable for an election offense under Section This is a very common question. Can a government employee campaign for their
261 (h) of B.P. Blg. 881, which read as: favorite candidate? We need to distinguish. If you’re an elective official by all
(h) Transfer of officers and employees in the civil service . — means you can campaign all you want. Because by the very nature of your office,
Any public official who makes or causes any transfer or detail you are a political animal. But, in so far as public appointed officials are concerned,
whatever of any officer or employee in the civil service you cannot engage in any partisan political activity. If you are working in a
including public school teachers, within the election period government, covered by the Civil Service, you cannot verbalize your choice in such
a way, that you are already campaigning for the candidate, self-restraint is the
except upon prior approval of the Commission.
word.
Held: No. Two (2) elements must be established to prove a violation of Question, can I not mention the name of the candidate that I like?
Section 261 (h) of B.P. Blg. 881: (1) The fact of transfer or detail of a Yes you can.
public officer or employee within the election period as fixed by the
COMELEC, and (2) the transfer or detail was effected without prior What about in social media, can I not like posts about this particular
approval of the COMELEC in accordance with its implementing rules and presidential candidate, can I share that? Yes you can. For as long as you do
regulations. not cross the line between mere liking to campaigning. But, better be safe, do not
engage in social media activities in so far as candidates are concerned.
The transfer or detail of government officer or employee will NOT be You can actually talk about issues related to elections, the qualifications of the
penalized by Section 261 (h) of B.P. Blg. 881 if done to promote candidate, but then again, be very careful because you cannot cross the line
efficiency in the government service. Section 261 (h) of B.P. Blg. 881 between just being talkative and already campaigning for a candidate.
does not per se outlaw the transfer of a government officer or employee
during the election period. To be sure, the transfer or detail of a public Question: Sir, What about co-terminus employees?
officer or employee is a prerogative of the appointing authority. Atty. Guji: They’re staff are actually their supporters during the elections, can they
campaign? Yes they can, provided they do not use government time and
resources. Outside of the office hours.
Maniego transferred Ebio on January 14, 1992. It was only in Resolution
No. 2333 which took effect on January 15, 1992 that COMELEC Question: Sir, how about Barangay officials?
promulgated the necessary rules on how to get its approval on the Atty. Guji: Barangay Officials. You cannot campaign.
transfer or detail of public officers or employees during the election
period. Before the effectivity of these rules, it cannot be said that Section TN: When I say partisan politics, it does not include the right to vote. Because the
261 (h) of B.P. Blg. 881, a penal provision, was already enforceable. right to vote is very, very partisan. You can vote. But you cannot campaign. And
for AFP and PNP, they cannot be partisan, right? But are they obliged to secure
Respondent Maniego could not be charged with failing to secure the the elections? Yes. And that is not a partisan political activity.
approval of the COMELEC when he transferred Ebio on January 14, 1992
as on that day, the rules of the COMELEC on the subject were yet in When you engage in any partisan political activity, you are covered by the Civil
existent Service, you are actually offending four laws:
1. Civil Service Act of 1959
Prohibition only applies in government agencies 2. Omnibus Election Code
It does not apply to the following government sectors: 3. Local Government Code
4. Administrative Code
1. Office of the President
2. Supreme Court, including the lower courts If you violate that, first offense is 30 days to 6 months of suspension. And second
3. PNP/AFP by the nature and function of their work offense, is termination from public office.
Period of prohibition Again, exempted from the prohibition are elective official, from President down to
GR: Election period the Councilors, except barangay. And Cabinet Members. There is already a
XPN: Upon prior approval of the Commission Supreme Court ruling that the Cabinet are alter egos of the President. In which
case, the president is political, so they can campaign. Even the reserved corps of
the AFP, they are not covered by the prohibition. They are exempted.
INTERVENTION OF PUBLIC OFFICERS AND EMPLOYEES
UNDUE INFLUENCE
Persons liable
1. Any officer or employee in the civil service, except elective officials Person liable
2. Any officer, employee or member of the AFP, PNP and other para- Any person or entity
military units
Prohibited acts
Prohibited acts – direct or indirect A. Promise any office or employment
A. Intervention in any election campaign B. Make or offer to make expenditure or cause an expenditure
B. Engagement in any partisan political activity to be made on any person or entity
C. Which may induce anyone or the public in general, to vote or
Except: withhold his vote
1. To vote D. To vote for or against any candidate in any election or aspirant
2. To preserve public order, if he is a peace officer for nomination
Atty. Guji: You might confuse this with partisan political activity. Partisan political ILLEGAL RELEASE OF PRISONERS BEFORE AND AFTER
activity is for those in government. Here, unlawful electioneering is when you are ELECTION
engage in partisan political activity on the day of election and on the day of
registration. But for the prohibition in partisan political activity, the prohibition
applies during the entire election period or the campaign period. Is it not always illegal to release a prisoner without a court
order?
The reason for the 30-m radius prohibition is that on the day and on the eve of Yes. But there are situations before that wardens would release
election, you cannot campaign anymore. Because on election, the moment belongs prisoners to intimidate voters or politicians hire inmates to do something
to the Filipino peoples. which is why there is such prohibition.
UNLAWFUL ELECTIONEERING Persons liable

A. Director of Bureau of Prisons
Person liable B. Any provincial warden
The law is silent C. Keeper of the jail or persons required by law to keep prisoners
in their custody
Prohibited acts
A. Solicit votes Prohibited acts
B. Undertake any propaganda for or against any candidate or Illegally ordering or allowing any prisoner to leave the premises of jail
political party facility
Period of prohibition Period of prohibition

Day of registration and election day 60 days before and 30 days after election.
Place of prohibition USE OF PUBLIC FUNDS, MONEY DEPOSITED IN TRUST,

Within the polling place and a radius of 30 meters EQUIPMENT, FACILITIES OWNED OR CONTROLLED BY THE
GOVERNMENT FOR AN ELECTION CAMPAIGN
PROHIBITION AGAINST DISMISSAL OF EMPLOYEES,
LABORERS OR TENANTS What about incumbent officials?
How do you define the line between that public official going into official
Persons liable business or campaigning already? You cannot. It is so hard to draw the
Employer or landowner line.
Prohibited acts Person liable

A. Dismissal of employee for refusing or failing to vote for any Any person
candidate of his employer
B. Ejectment from landholdings for refusing or failing to vote for Prohibited acts
any candidate of his landowner Use of public funds, property and media facility for any election
campaign or any partisan political activity under any guise whatsoever,
Effects directly or indirectly
A. Reinstatement
B. Restoration of salary or share of harvest Atty. Guji: But if you are an incumbent government official, it is so hard to draw
the line between your official functions and campaigning.
Atty Guji: This is the same with Superior trying to retaliate or penalize employee
for not following instruction insofar as choosing a candidate is concerned. CARRYING DEADLY WEAPONS
APPOINTMENT OR USE OF SPECIAL POLICEMEN, SPECIAL Person liable

AGENTS, CONFIDENTIAL AGENTS, OR THE LIKE Any person
Who is liable Prohibited act Prohibited acts
Any appointing authority Appointment of special Carrying of any deadly weapon in the polling place and within 100 meter
policemen, etc. radius.
Any person Use of services of special Atty Guji: Not the only place. Carrying deadly weapons in public places is also
policemen, etc. prohibited. The prohibited period is the entire election period. Gun ban is already
1. Continuance of acting as in effect. Deadly weapon means any bladed instrument. However, for bladed
special policemen instruments necessary for a legitimate undertaking, such as sickle for farmers, ice
pick for icemen, farmers and icemen can bring their respective bladed instruments
Persons previously appointed 2. Failure to turn over their
as long as it is required in their legitimate activity. It will be a different matter if it
as special policemen, etc. firearms, uniforms, etc. is a law student bringing such weapon inside the college law.
Period of prohibition
Period of prohibition Days and hours fixed by law for:
Campaign period, eve and day of election A. Registration of voters in the polling place
B. Voting, counting of votes
Reportorial requirement C. Preparation of election returns
A. Who will report – Local chief executives or any appointing
authority Except:
Peace officer or public officer authorized by the Commission to maintain
B. What to report – List of special policemen, etc. in the employ peace and order.
of their respective political subdivisions and other particulars
as the Commission may require Atty Guji: What is a deadly weapon?
Any bladed instrument. You can bring it outside but only if it is a necessary
undertaking. IE. Farmer with a sickle.
CARRYING OF FIREARMS OUTSIDE RESIDENCE OR PLACE OF ANY MEMBER OF SECURITY OF GOVERNMENT AGENCIES OR
BUSINESS PRIVATELY OWNED SECURITY AGENCIES
Person liable Prohibited acts

Any person, even if with permit to carry firearms A. Wearing of uniform
B. Use of insignia, decorations or regalia
Atty Guji: If you have firearms and you are clothed with the power to bring them, C. Bearing arms outside immediate vicinity of place of work
prior to the election period, at the onset of the election period, all permits are
deemed revoked/cancelled since January 10, 2016. You can bring them only
outside of the residence if it is to secure authority from the Commission. The Except:
checkpoint of the Comelec should only be visual search. 1. Pursuit of a person who committed crime
2. Escorting transport of payroll or valuables
Even the AFP and the PNP at the onset of election period, they’re not allowed to 3. Guarding private persons or residences, offices
carry fire arms. But of course, the Commission will grant them automatic
exemption. Otherwise, it would not be safe, if even the law enforcement agencies Atty Guji: The reason of prohibition is because the election is essentially a civil
are unarmed. So, the Commission grant them the exception. exercise. You cannot militarize it. Even the security guards cannot wear uniform
outside the place of business. From the residence to the place of business, vice
Prohibited act versa, they cannot wear that, only in the place of business, they can wear the
Carrying any firearm outside his residence or place of business. Provided uniform.
motor vehicles, water or air crafts shall not be considered a residence
or place of business or its extension. Rimando v. Comelec
A security guard performing duties inside a subdivision, which is his
Period of prohibition place of work, may carry licensed firearm without need of prior written
GR: During the election period authority from the Commission.
XPN: If authorized in writing by the Commission
It is only when the firearm is brought outside of the place of work that
Atty Guji: The purpose why we banned guns during elections because it might be gun ban exemption is required.
used to intimated the voters. The exception is authorized in writing by the
Commission. Atty Guji: If the guard works in a subdivision, the entire subdivision is his place of
work, inside the subdivision or within the immediate vicinity of the subdivision, he
USE OF ARMORED LAND, WATER OR AIR CRAFT can carry his licensed firearm. No need for exemption from the Comelec, but once
he steps out, he goes home, he cannot do that anymore.
What about those cashiers in armored vans?
Allowed, provided that they secure a prior authorization from Comelec.
Campaign period, eve and day of election.
Person liable
ANY MEMBER OF AFP AND PARAMILITARY UNITS
Any person
Prohibited acts
Prohibited act
Wearing of uniform or bearing of firearms outside the camp to which he
Use of armored land, water or air craft provided with equipment, device
is assigned or detailed or outside his home, in case of para-military
or contraption for the mounting of cannons, machine guns and other
forces.
similar high caliber firearms including military type tanks of any model,
whether new or remodelled. Atty Guji: If you are a police or a military officer and you are not in the performance
of your duty or function, you should not wear your uniform. The reason is, election
Period of prohibition is a purely civilian political exercise. We should not militarize that. The reason to
ban guns is that they guns may be used to terrorize, intimidate or influence the
Who is liable Prohibited Act Period prohibited conduct of the elections.
Any member of the Acting as
AFP or PNP and bodyguard or Except:
para-military security guard of A. If with prior authority from the President with notice to the
forces any public official, Commission
candidate or any Campaign, eve & day of B. If with prior authority from the Commission to maintain
other person election peace and order
Any public official, Use of body or
candidate or any security guard Period of prohibition
other person Except: Prior Campaign period and 30 days thereafter.
authority from the
POLICEMEN & PROV’L GUARDS ACTING AS BODYGUARDS OR
Commission
where there is SECURITY GUARDS
threat to life and Atty Guji: If you are a candidate, you cannot, anymore, employ bodyguards
security unless there I a serious threat to your life or security. In which case, you are
GR: Campaign period, eve and day of election going to apply for exemption from Comelec
XPN: Banking or financial institutions which may use not more than two
(2) armored vehicles upon prior authority of the Commission. Some incumbent officials have a close-in security and that is authorize. But once
election period comes, it is automatically revoked.
WEARING OF UNIFORMS AND BEARING ARMS
ORGANIZATION OR MAINTENANCE OF REACTION FORCES,
Persons liable STRIKE FORCES OR OTHER SIMILAR FORCES
A. Any member of security of government agencies or privately
owned security agencies Person liable
B. Any member of AFP and paramilitary units Any person
Prohibited acts In case of calamity – all releases shall be turned over to the Philippine
Organizing or maintaining of reaction, strike or similar forces. National Red Cross under the supervision of COA.
No exception But, no candidate or spouse or member of family within second civil

The prohibition is absolute. degree of consanguinity or affinity shall participate in the distribution of
relief goods to calamity victims
Election period Does this apply to those who are not incumbent? Yes.
Reportorial requirement HOUSING AND ANY OTHER GOVERNMENT DEPARTMENT PERFORMING

A. Who will report – Heads of reaction, strike or similar forces SIMILAR FUNCTIONS
B. What to report – Complete list of members
Except:
Atty Guji: Do not confuse this with the right of the labor sector to strike. Strike 1. Salaries of personnel
force contemplated here is more of para-military units, body guards, goons or 2. Necessary administrative expenses
private army. The right to stage a strike against the employers subsists even during 3. Upon prior authority from the Commission
election period.
PROHIBITION AGAINST RELEASE, DISBURSEMENT OR
45 days before a regular election and 30 days before a special election
EXPENDITURE OF PUBLIC FUNDS
Atty Guji: The reason why DSWD and Housing are not allowed during elections
Person liable are because they provide the basic necessities of those trying to survive.
Any public official or employee
Gallardo v. Comelec (Case Digest)
Prohibited acts Cong. Pedro P. Romualdo and Gov. Antonio R. Gallardo were both
Release, disbursement or expenditure of public funds for: candidates in the May 11, 1992 elections for the positions of
A. Any and all kinds of public works congressmen and governor, respectively, of Camiguin. They belonged
B. Department of Social Welfare and Development and other to opposing political factions and were in a bitter electoral battle.
departments or officers performing similar functions.
C. Housing and any other government department performing On April 10, 1992 or about a month before the elections, Cong.
similar functions
Romualdo filed a petition docketed as Special Civil Action No. 465 before
the RTC of Camiguin presided by Judge Tabamo against Gov. Gallardo,
ANY AND ALL KINDS OF PUBLIC WORKS
the Provincial Treasurer, the Provincial Auditor, the Provincial Engineer,
Atty Guji: These public works actually require employment of a lot of laborers. So and the Provincial Budget Officer as respondents. In this petition Cong.
if that power is not withheld from the incumbent official, they will take advantage Romualdo sought to prohibit and restrain the respondents from
of undertaking and/or pursuing certain public works projects and from
the opportunity to employ laborers and buy their votes in the guise of a legitimate
disbursing, releasing, and/or spending public funds for said projects,
engagement of the government.
allegedly because, among other reasons, said projects were undertaken
Except: in violation of the 45-day ban on public works imposed by the Omnibus
1. Maintenance of existing and/or completed public works Election Code (B.P. Blg. 881); that the public works projects were
project commenced without the approved detailed engineering plans and
2. Work undertaken by contract through public bidding held, or specification and corresponding program of works; that the
by negotiated contract awarded before the 45-day prohibited expenditures of the 20% development fund for projects other than for
period maintenance violated the Local Government Code; that locally funded
Atty Guji: The reason why we ban public works is that it will be used projects had been pursued without the provincial budget having been
as giving legitimate income to the families, which is actually a disguise
for vote buying.
first approved, and reviewed by the Department of Budget and
Management; and that the illegal prosecution of the said public works
3. Payment for the usual cost of preparation projects requiring massive outlay or public funds during the election
period was done maliciously and intentionally to corrupt voters and
4. Emergency work to repair damage due to calamity induce them to support the candidacy of Gov. Gallardo and his ticket in
the May 11, 1992 elections.
Atty Guji: Of course the damage should be repaired but only limited to
the reinstatement or reparation of the damage caused by the calamity.
In the afternoon of the same day that the petition was filed, Judge
It cannot go beyond like aesthetic purposes.
Tabamo issued a temporary restraining order as prayed for by the
5. Ongoing public works projects commenced before the petitioner Cong. Romualdo. In the same Order of April 10, 1993 the
campaign period judge gave the respondents ten (10) days from receipt of a copy of the
6. Similar projects under foreign agreements. petition to answer the same. Instead of filing the Answer, Gallardo filed
the instant special civil action for certiorari and prohibition
DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT AND OTHER
DEPARTMENTS OR OFFICERS PERFORMING SIMILAR FUNCTIONS Issue: Whether or not the trial court has jurisdiction over the subject
matter of Special Civil Action No. 465. due to the alleged violations of
Atty Guji: The DSWD is under the tutelage of the LGU. So if you give money to
this particular department, the incumbent can take advantage of the situation in paragraphs (a), (b), (v) and (w), Section 261 of the Omnibus Election
the guise of giving relief goods. Code (Batas Pambansa Blg. 881?
Except: No. The regular courts have no jurisdiction to entertain a petition to

1. Salaries of personnel enjoin the construction of public works projects within 45 days before
2. Routine and normal expenses an election. Comelec is vested by the Constitution with exclusive charge
3. Upon prior authority from the Commission
of the enforcement and administration of all laws relative to the conduct Penalty under RA 8189
of elections, the assumption of jurisdiction by the trial court over a case If individual –
involving the enforcement of the Election Code. A. At least 1 year but not more than 6 years of imprisonment
B. Without probation
Resolution No. 2332 of the COMELEC, promulgated on 2 January 1992, C. Disqualification to hold public office
D. Deprivation of suffrage
implementing the aforesaid paragraphs (v) and (w) of Section 261 and
fixing the duration of the 45-day ban for purposes of the synchronized
If political party –
elections from 27 March 1992 to 11 May 1922. Under the present law, A. Fine of at least P100k to P500k
however, except in case of urgent need, the appointment or hiring of
new employees or the creation or filling up of new positions in any Bagumbayan-VNP Movement, Inc. v. Comelec
government office, agency or instrumentality, whether national or local, Facts: Bagumbayan-VNP and former Senator Gordon filed before the SC
including government-owned or controlled corporations, is banned a petition for mandamus to compel COMELEC to implement the Voter
during the period of forty-five (45) days before a regular election and Verified Paper Audit Trail (VVPAT) which is a security feature provided
thirty (30) days before a special election if made without the prior under RA 8346, as amended by RA 9369, to ensure the sanctity of the
authority of the Commission on Elections. ballot. The VVPAT functionality is in the form of a printed receipt and a
touch screen reflecting the votes in the vote-counting machine. For the
PROHIBITION AGAINST CONSTRUCTION OF PUBLIC WORKS, 2016 elections, the COMELEC opted to use vote-counting machines
DELIVERY OF MATERIALS FOR PUBLIC WORKS AND instead of PCOS. The vote-counting machines are capable of providing
ISSUANCE OF TREASURY WARRANTS AND SIMILAR DEVICES the VVPAT functionality, and for that the COMELEC is now being
petitioned to have the vote-counting machines issue receipts once the
Person liable
person has voted. The COMELEC, however, refused to enable this
Any person
feature for reasons that the receipts might be used by candidates in
Prohibited acts vote-buying and that it might increase the voting time in election
A. Undertakes construction of any public works not exempted precincts.
above
B. Issues, uses or avails of treasury warrants or any devices Issue: W/N the COMELEC must activate the VVPAT feature of the vote-
undertaking future delivery of money, goods or other things counting machines
of value chargeable against public funds
Held:
Period of prohibition Yes. The minimum functional capabilities enumerated under Section 6
45 days before regular election, 30 days before special election of Republic Act 8436, as amended, are mandatory.
SUSPENSION OF ELECTIVE PROVINCIAL, CITY, MUNICIPAL

The law is clear that a “voter verified paper audit trail” requires the
OR BARANGAY OFFICER
following: (a) individual voters can verify whether the machines have
Person liable been able to count their votes; and (b) that the verification at minimum
Any public official should be paper based. Under the Constitution, the COMELEC is
empowered to enforce and administer all laws and regulations relative
Prohibited act to the conduct of election, and one of the laws that it must implement
Suspension of any elective provincial, city, municipal or barangay official. is RA 8346 which requires the automated election system to have the
capability of providing a VVPAT. The COMELEC’s act of not enabling this
Atty Guji: The prohibition against suspension refers only to ELECTIVE provincial feature runs contrary to why the law requires this feature in the first
down to barangay positions. Thus, if appointive, you can be suspended. Also,
place.
members of Congress can be suspended by their Houses or by the Sandiganbayan.
Except: PROHIBITIONS DURING VOTING

A. With prior written authority from the Commission
24 offenses, notably:
Atty Guji: Submit the complaint stating why there is a need to suspend A. Voting more than once, or even if not registered
even during election period. B. Voting in substitution for another, with or without the latter’s
knowledge or consent
B. When it involves case of graft and corruption, applying Anti- C. Not being illiterate, allows another to prepare his ballot
Graft and Corrupt Practices Act D. Availing of any means of scheme to discover the contents of
the ballot of a voter who is preparing or casting his vote or
Atty Guji: In which case, if it is the Ombudsman who orders the who has just voted
suspension, you can be suspended regardless of whether it is election E. Revealing by assistor of contents of ballot
period or not.
PROHIBITIONS DURING CANVASSING
Election period
Who is liable Prohibited Act
PROHIBITIONS DURING REGISTRATION, VOTING AND Any Chairman of the Failure to notify candidates, parties
Board of Canvassers and members of the BoC
CANVASSNG, AND ON CANDIDACY & CAMPAIGNING
(BoC)
PROHIBITIONS DURING REGISTRATION OF VOTERS
A. Canvass and/or proclamation
17 offenses
suspended or nullified by the
Commission
Section 45, RA 8189
Any member of the BoC B. Canvass and/or proclamation
10 offenses, including any violation of Act
without quorum or notice
C. Undertaking any propaganda for or against any
C. Use of un-official copy of candidate or political part within the polling
election returns in the canvass place or within 30 meter radius
and or proclamation, without
authority from the Commission
Ejercito v. Comelec (Case Digest):
Facts:
PROHIBITIONS COMMON TO ALL BEI & BOC 3 days prior to May 2013 National and Local Elections, a petition for
disqualification was filed by San Luis against Ejercito, who was a fellow
Who is liable Prohibited Acts gubernatorial candidate. It was alleged that:
A. Deliberate absence to obstruct or a. Ejercito during the campaign period distributed the “Orange Card,”
delay performance of election duties to be used in any public hospital within the Province of Laguna for
B. Refusal, without justifiable reason, to medical needs.
sign and certify any election form b. Ejercito exceeded expenditures, for television campaign alone,
Any BEI or BOC member required although he was present Ejercito already spent P23,730.784. The province of Laguna has a
during the meeting total of 1,525,522 registered electorate. Thus, the authorized
election expense must only amount to P4,576,566.00. Even if
Atty Guji: Faking sickness is an election Ejercito was given 30% discount, he still exceeded the allowable
offense. expenditures.
A. Disorderly conduct that interrupts or
disrupts BEI or BOC proceedings
Comelec granted the petition for disqualification against Ejercito for
preventing it to perform its functions,
campaign over-spending.
partly or totally.
Atty Guji: BEI or BOC are empowered to
Any person have you arrested. Issue:
Whether the disqualification of Ejercito is a breach of the right to free
B. Acceptance, assumption and actual expression.
service of appointment to BEI or BOC
despite being ineligible Held:
Relief or transfer of assignment of any BEI No. The inclusion of the amount contributed by a donor to the
Any public officer or any or BOC member candidate’s allowable limit of election expenses does not trample upon
person acting in his behalf the free exercise of the voters’ rights of speech and of expression under
Except: Section 4, Artticle III of the Constitution. As a content-neutral regulation,
Upon prior authority from the Commission the law’s concern is not to curtail the message or content of the
advertisement promoting a particular candidate but to ensure equality
PROHIBITIONS ON CANDIDACY AND CAMPAIGN between and among aspirants with “deep pockets” and those with less
financial resources. Any restriction on speech or expression is only
Campaign period incidental and is no more than necessary to achieve the substantial
90 days for President and Vice-President, 45 days for House of governmental interest of promoting equality of opportunity in political
Representatives and local officials. advertising. It bears a clear and reasonable connection with the
constitutional objectives set out in Section 26, Article II, Section 4,
Atty Guji: For 2016 elections, start of campaign period for President, VP, and Article IX-C, and Section 1, Art. XIII of the Constitution. Indeed, to rule
Senators is Feb 9 while for local elective officials and district reps is March 25.
otherwise would practically result in an unlimited expenditure for
political advertising, which skews the political process and subverts the
Prohibited act essence of a truly democratic form of government.
Holding party conventions to nominate candidates earlier than the
period fixed by law. (That’s 165 days prior to elections)
ELECTION OFFENSES ON CAMPAIGN UNDER THE FAIR
ELECTION ACT
Election day Lawful election propaganda:
1. Pamphlets, leaflets, cards, decal, sticker or other printed
Who is liable Prohibited Acts
materials – 8 ½ x 14”
A. Abstraction, destruction or cancellation of the
2. Handwritten or printed letters 8 ½ x 14”
CoC which has not been cancelled upon order
3. Posters- 2 x 3’
by the Commission
B. Misleading BEI by submitting false CoC to the
4. Streamers – 3 x 8’ displayed 5 days before a rally and removed
prejudice of a candidate within 24 hours after
C. Receipt of CoC outside of filing period and Atty Guji: If you have a streamer, you cannot place it anywhere except
5 days prior to having a public meeting or rally and it has to be
Any political party making it appear that it was filed on time
removed 24 hours thereafter.
Atty Guji: The CoC must be filed timely, if not, it could
never be reconsidered. There are accusations that
5. Paid ad in print or broadcast media
Elections Officers would insert the name to make it (a) Identified by reasonably audible and legible words
appear that it was filed on time. This is not possible “political advertisement paid for” followed by the true
since the CoCs are logged in a logbook sequentially and and correct name and address of the candidate or party
chronologically. It cannot be inserted. or donor
Any person Compulsion of such receipt by means of fraud, Atty Guji: Normally, political advertisement “paid for by friends
authorized to threat, intimidation, terrorism or coercion of” or “by anonymous.” You need to divulge because as a
receive CoC campaign donor, you also need to report your donation expenses
A. Obstruction or interference by any device or to the Comelec.
means, with a radio or television broadcast of
any lawful political program (b) If broadcast is free- “airtime for this broadcast was
Any perso B. Soliciting votes provided free of charge by” followed by true name and
address
(c) Donated ads cannot be published without written  Provincial and City jails, Bureau of corrections, DOJ
acceptance by the candidate  BJMP
 Intelligence Division, Investigation Division of the
Atty Guji: The complete name and address of the donor must be Intelligence and Investigation Service, Customs Police
specified in the campaign materials for purposes of monitoring. Division of the Enforcement and Security Service of the
Bureau of Customs
6. Other forms not prohibited by OEC or the Fair Election Act  Port Police Department, PPA
 PEZA Police forces
PROHIBITED ACTS  Government Guard Units regulated by PNP
1. Bearing, carrying, transporting firearms or deadly weapons  Commissioner and Deputy Commissioners, Members of the
Atty Guji: Includes imitation firearm like airguns and airsoft guns. Law and investigation division, and members of the
intelligence division, Bureau of Immigration
Deadly weapon – includes all types of bladed instruments, hand  Manila International Airport Authority Police Force
grenades and other explosives.  Mactan-Cebu International Airport Authority Police Force
 Law Enforcement Service of LTO
Where prohibited: Outside residence or place of business and in all  Philippine Coast Guard
public places, even if licensed to possess or to carry.  Cebu Port Authority Police Force
 Internal Security Operations Group of the Witness
Except: If authorized by the Commission through the Committee on Protection, Security and Benefits Program of the DOJ
the Ban on Firearms and Security Personnel (CBFSP)
 Enforcement and Investigation Division, Optical Media Board
 Security Investigation and Transport Department, Cash
2. Employing, availing or engaging services of security personnel Department, Office of Special Investigation, Branch
or bodyguards, whether or not regular members of the PNP, Operations of the BSP
AFP and other government law enforcement agency or private  Office of the Sgt.-at-arms of the Senate and House of
security service provider. Representatives, including designated regular security
escorts of Senators and Congressmen
Except: If authorized by the Commission through the CBFSP.  Inspection Service of the Philippine Postal Corporation
 Inspection, Monitoring and Investigation Service of the
3. Transporting and delivering: NAPOLCOM
a) Firearms and/or its parts  Forest Officers
b) Ammunition and/or its components  Intelligence and Security Unit, Office of the Secretary, PDEA
c) Explosives and/or its components  Philippine Center for Transnational Crime
 National Intelligence Coordinating Agency
Except: If authorized by the Commission through the CBFSP.  CAFGU, active auxiliaries and special civilian armed forces
geographical units
At the onset of election period  PSG
Any permit to carry firearms outside residence (PTCFOR), Letter Order  Internal Security Division of the Bureau of Treasury, the
(LO) and Mission Order (MO) – are suspended, ineffective and without treasurer and Deputy treasurers
force and effect.  Internal Security of the Office of the Vice-president
 Secretary, Undersecretaries, Asst. Secretaries of the DILG
WHO MAY BEAR, CARRY OR TRANSPORT FIREARMS AND and the Internal Security of the Office of the DILG Secretary
 Internal Security of the Office of the Secretary of National
DEADLY WEAPONS
Defense
1. President
 Secretary, Undersecretaries, Asst. Secretaries, Prosecutor
2. Vice-President General, Chief State Prosecutor, and the State, Regional
3. Senators and Members of the House of Representatives (Who Provincial and City Prosecutors, DOJ
are not candidates)  Solicitor-General
 Investigators and Prosecutors of the Office of the
Atty Guji: President and Vice-president may or may not be candidates. Ombudsman
If President runs for Senator, it is ok for him to apply to be authorized  Chief Public Attorney
for a firearm.
 Officers and Members of departments, divisions, offices,
units, detachments performing law enforcement and/or
This provision presupposes that the Senator who can apply but should
not be a candidate is an incumbent senator. On the other hand, the
security functions
president in this case means the incumbent president, which means
Provided, that when in possession of firearms, they are:
even if he is a candidate for the Senate, then he can still ask to bear A. In the regular plantilla receiving regular compensation in said
arms agencies, excluding confidential, temporary, contractual agents,
Employees of personnel.
4. Cabinet Secretaries Unless otherwise approved
5. Chief Justice, Justices of the SC, Court of Appeals, B. Wearing agency-prescribed uniform showing clearly and legibly
Sandiganbayan, Court of Tax Appeals, Judges of lower courts the:
like RTC, MTC, MTCC, MCTC a) Name, rank, and serial number
6. Ombudsman and Deputy Ombudsmen b) If rank and serial number are not applicable – display
7. Chair and Commissioners of the CSC, COA prominently the agency-issued identification card showing
8. Chair and Commissioners of the CHR clearly the name and position
9. Security Personnel of Foreign Diplomatic Corps, Missions, and C. Duly authorized to possess and carry firearm by virtue of a valid
Establishments under international law permit to carry or a valid mission order or letter order
10. Regular officers, members and agents of the following D. In the actual performance of official law enforcement and/or
government agencies who are actually performing law security duty, or are going to or returning from his
enforcement and/or security functions: dwelling/barracks or official station
 Officers and members of the PNP
E. Bearing, carrying or transporting a maximum of 2 firearms
 Commissioned and Non-commissioned officers and enlisted
personnel of the AFP
 NBI
Who else may be allowed to carry firearms? ELECTION PROPAGANDA
A. Cashiers and disbursing officers or person who by nature of PROHIBITED FORMS OF ELECTION PROPAGANDA
their official duties, profession, business of occupation
PROHIBITED FORMS OF ELECTION PROPAGANDA UNDER SEC.
habitually carry large sums of money or valuables.
85 OF THE OMNIBUS ELECTION CODE
A. Balloons and the like of whatever size, shape, form or kind
Provided, that when in the possession of firearms, they are:
B. Pens, lighters, fans, flashlights, athletic goods, wallets, shirts, hats,
a) Currently employed under the conditions stated in
bandanas, matches, cigarettes and the like
the application
C. Donation of air time by any radio or TV station
b) In the actual performance of official duties
c) In possession of the Certificate of Authority and
TN: Expressly repealed by Section 14 of the Fair Election Act. Hence, these
other applicable firearms licenses
are allowed now.
d) Carrying a maximum of two firearms
Atty Guji: Now allowed. How many? No specific number but it must not exceed
A. Members of Private Security Service Providers, provided, that
the campaign expenses allowed by law. Before, these were not allowed. This
when in the possession of firearms, they are: prohibition was expressly repealed by the Fair Election Act. In other words, if you
want to campaign, distribute lighters, pens, bandanas, and the like, that is allowed,
a) In the agency-prescribed uniform provided you do not exceed campaign expense limitations.
b) In the possession of valid license to exercise Security
Profession (LESP) with Duty Detail Order (DDO) and valid AIRTIME LIMIT ON POLITICAL ADS
firearms license
c) Deployed by PSA/PDS/CGF licensed by PNP Allowable airtime and space for national/registered political parties for a
d) In the actual performance of duty NATIONAL elective position:
e) Carrying one small firearms unless specifically allowed. A. TV – 120 minutes per network whether by purchase or donation
B. Radio – 180 minutes per network whether by purchase or donation
What about the Commission on Elections? C. Print – per newspaper or magazine
The following are allowed to carry firearms: 1. Broadsheet- ¼ page (max)
A. Chair and Commissioners 2. Tabloid- ½ page (max)
B. Executive Director and Deputies
C. Directors and lawyers in the main office (not in the field) Atty Guji: What about local elections? 60 minute per station. 90 minutes per
D. Regional election directors and their assistants station. Broadsheet- ¼ page. Tabloid- ½ page
E. Chiefs-of-staff of the offices of the chair and commissioners
F. Provincial election supervisors GMA v. Comelec
G. Regional Attorneys and election officers The intent of the law is to allow such number of minutes on a per station
H. Organic Security Officers basis, and not total aggregate. Thus, the Commission cannot reduce the
number of minutes in the guise of levelling the playing field.
If private individual
Atty Guji: Before, this was the rule it is 120 or180 minutes per network. But in
Can apply for a Certificate of Authority, provided that you can convince
2013, the Commission resolved that the 120 minutes is not per network but the
the Comelec that there is threat to your life and security or that of your aggregate total for all networks. So GMA complained and all other broadcast
family’s. network joined the suit against the Comelec. They insisted that it should be 120
minutes per network. Fortunately for them, the Supreme Court resolved and
TN: Even if candidate, incumbent or mere individual – may avail of this. upheld their side and said that there is no reason for the Comelec to depart from
the previous regulation.
The 30-seconds commercial, what happens there? ABS P800,000 for the 30-
seconds commercial. GMA P700,000. ABC 5 P400,000.
Allowable airtime and space with registered political parties for a LOCAL
elective position:
A. TV – 60 minutes per station network whether by purchase or
donation
B. Radio – 90 minutes per station network whether by purchase or
donation
C. Print – per newspaper or magazine
1. Broadsheet- ¼ page (max)
2. Tabloid- ½ page (max)
RIGHT TO REPLY
It is the right to reply to charges published or aired against claimant.

To be given prominence, page or section, time slot
Atty. Guji: First premise, freedom of the press that is enshrined in the constitution
and of course there has been a lot of clamor especially from politicians that there
has to be a right to reply.
If for example, you are a public figure. And you feel so maligned by the newspaper,
for example, the right to reply actually says, “Okay, you malign me front page.
Give me equal opportunity to clear my name front page.” But of course, it is
constitutionally impaired because it offends freedom of the press.
If somebody dictates what to write, that already offends freedom of the press. POSTER AREAS
And when you say, right to reply, “give me the same space, give me the same Comelec may authorize political parties and party-list to erect common
prominence,” you are already dictating to the media what to write and what not
poster areas for their candidates:
to write. And that offends freedom of the press, but little did we know that Comelec
resolved to give the candidates the right to reply. A. In not more than 10 public places such as plazas, markets,
barangay centers
In other words, during election period, someone is maligned. Very libelous B. Maximum size of poster area- 12 x 16’
statement. Front page. So that someone says, “Okay, Mr. Publisher, give the same
opportunity, the same space, to clear the name.” But that is a toothless proposition For independent candidates:
because if mureklamo sa Comelec Manila wala gi-hatagan ug right to reply. What A. In not more than 10 public places
the Comelec does is okay, explain to us why or why not. Then the regulation
B. Maximum size of poster area- 4 x 6’
becomes silent. We don’t know what happens after the explanation if there would
be sanctions to be given. Probably, because Comelec understands it might offend
freedom of the press. Atty. Guji: It is the poster area that has the maximum size of 12 x 16’, not the
poster itself. Meaning the 12 x 16’ will be shared by and among the candidates.
And remember freedom of the press and expression, occupies a higher echelon of Still, the poster must not exceed 2 x 3. Example a groupfie. Actually, technically,
rights. They are preferred rights. If you will limit that, you carry with you the heavy that is not allowed. Sometimes, what they do, if it’s a group picture, they put a
burden of proving the legitimacy of that restriction. While these are preferred bar to make it appear that it is separate. But it is one and the same.
rights, the burden of evidence shifts on you.
Private places – with the consent of the owner
Lesson: if you want to run for public office, do not be onion-skinned because you Atty. Guji: If it’s a private place, you can assert your property right. Kung wala
are open for public scrutiny. If you cannot survive that, you have no business mananghid, tantanga deretso. And if you are so aggrieved, file a case.
joining public service.
Public places or property – designated and allocated equitably and
Who can invoke it? impartially
1. Registered political parties
2. Party-list groups or coalitions Atty. Guji: Premature campaign, even prior to the campaign period, politicians
3. Bona fide candidates already have their TV advertisements and their posters splashed all over the
community in public places, in trees. Comelec is not doing anything because the
Atty Guji: What happens? If there is a column in a newspaper, if a candidate feels reason is the Comelec is without jurisdiction prior to the campaign period. Here is
that it can damage his reputation or chance of winning, the remedy is the right to why. During automated election, we set earlier, the period to file CoCs.
reply. However, in actual practice, this is a toothless provision because when one
files complaint against the TV station and the station does not respond, one can Lanot v. Comelec
complain with Comelec which will require the station to explain why it did not give Facts:
the same prominence to the complaint. In 2004, the deadline for filing of candidacy was set earlier to afford
sufficient time for printing of official ballots for automated elections.
When, where, how filed After filing, a candidate engaged in partisan political activity prior to the
1. When – Within a non-extendible period of 48 hours from first campaign period. He was sought to be disqualified for premature
broadcast or publication campaign.
2. Where – To the Comelec through ORED
3. How – Held:
(a) File a verified formal claim against the media outlet. The person who filed candidacy is considered a candidate only for
(b) Detailed enumeration of circumstances purposes of ballot printing. Since premature campaign promotes defeat
(c) Supporting evidence or election of a candidate, it requires the existence of a candidate.
(d) Copy furnished to the media outlet Technically however, there is no candidate yet despite filing. As such,
there is no premature campaign under Art. 80 which prohibits election
What does Comelec do then? campaign to promote election or defeat of a candidate outside of the
A. Review verified claim within 48 hours from receipt campaign period. Such partisan political activity falls under the freedom
B. Notify media outlet within 48 hours of expression. Sec. 11 of RA 8436 that set the earlier deadline for filing
to afford sufficient time for ballot printing.
What will the media outlet do then?
A. Submit comment, answer or response explaining action it has taken Atty Guji: In automated elections, the reason why the Comelec sets an early date
to address the claim. to file a CoC is to afford Comelec to print the ballots. If you file your CoC, you are
only considered as a candidate for purposes of ballot printing but not for purposes
B. Furnish copy to the claimant of campaign. In which case, during automated elections, if you file a CoC, can you
campaign right away? Yes because you are not a candidate. It is not even called
Atty. Guji: Remember, the right to reply is only within the context of the elections. a campaign. SC calls that freedom of expression.
Is the right to reply unconstitutional? So, prior to campaign period, Comelec has no jurisdiction to take away campaign
materials. This is the reason of proliferation of campaign materials and Comelec
GMA v. Comelec cannot act on it. However, the people has remedies such as the law which prohibits
the tampering, tinkering, or touching of a growing or a planted tree and the Civil
A. It is reasonable and therefore not unconstitutional.
Code provision on nuisance. These are under the jurisdiction of a government
B. To strike a balance between freedom of the press and the right to agency other than Comelec. In case of private property, the owner can assert his
reply, the constitutional mandate of Comelec to ensure a free, ownership rights. LGUs can also exercise their anti-littering or anti-billboard
orderly, honest, peaceful and credible elections should factor. ordinance.
C. Radio and television broadcasting companies do not own the
airwaves and frequencies through which they transmit broadcast Penera v. Comelec
signals and images. Facts:
The filing of candidacy was set earlier to afford sufficient time to print
Atty Guji: SC said we should tilt the balance in favor of Comelec’s power to enforce ballots. After filing, the mayoralty candidate and her supporters went
election laws as against the freedom of the press. In that aspect, the right to reply around the municipality in a motorcade. She was disqualified for
is not unreasonable. In which case, it can be enforced but toothless. Because premature campaign.
again, you cannot dictate to media what to write and what not to write.
Held: Content-based regulation, as opposed to content-neutral regulation,
Sec. 11 of RA 8436 was amended when it said any person who files bears a heavy presumption of invalidity.
candidacy is considered a candidate only at the start of campaign period.
Thus, after filing and before campaign period, anything that she says or Atty Guji: Sometimes, the Comelec limits campaign materials as to size, frequency,
does falls under freedom of expression. and a third one. Even if private property, it is still required to comply with size
Atty Guji: Caveat, this applies if the premise is, you are only a candidate for ballot limitations. However, in this case, the Court seemingly says that if it invokes private
property, the Comelec has no jurisdiction to prescribe limitations. In the case,
printing. Does this apply to barangay candidates? No. If you are running for
Court says that size matters because by limiting the size, it defeats the purpose of
barangay elections, the moment you apply for CoC, you are already considered a
advertisement. Comelec resolution still has to be issued on this.
candidate.
Here. What did I say? Private property, all you need to do is get the consent of
USE OF PERSONAL PROPERTY the owner. But, the Comelec still imposes size limitations even if it is private
property. In this case, the diocese of Bacolod posted a tarpaulin that says Team
PRIVATE VEHICLES Buhay and Team Patay and it is so oversized.
The Comelec resolved that decals and stickers should only be posted in
authorized common poster areas. The size is the problem. The Supreme Court says, if it is private property, you can
do whatever you want. But here, take note, in 2016, despite the ruling in the
Diocese of Bacolod, the Comelec still said that even if it was in a private property,
you still have to follow with the size limitations. Comelec still issued a resolution
Unconstitutional on the following grounds: despite the Diocese of Bacolod ruling.
A. It offends freedom of speech and expression
B. It suffers from over breadth The justification there is, in the Diocese of Bacolod ruling, it was actually a political
C. It deprives property without due process of law. advocacy. The Supreme Court says it did not really promote or defeat the victory
of a particular candidate. It was a moral advocacy on the part of the Church. That’s
how the SC justified that. And probably, Comelec took its cue from there.
Adiong v Comelec
The objective to equalize opportunities for rich and poor candidates is When you say content-based regulation, imong gipaki-alaman unsay gisulat. Like
not impaired by posting of decals and stickers on private vehicles. for example, Team Buhay vs. Team Patay, the Comelec cannot say, that is too
strong, that is too vulgar. That is against freedom of expression. That is
Atty Guji: Before the Comelec said, you cannot paste your stickers in decals or censorship. But if the Comelec says, the size is too big, and it is more frequent
cars, because that will give advantage to candidates. But the Supreme Court says, than what is allowed, that is content-neutral regulation.
private vehicles are owned by private persons. In which case, they can exercise
their ownership over the private vehicles. They can stick on their campaign NEWS AND OPINIONS REGARDING CANDIDATES
materials inside their vehicle. Because aside from being a property right, it is also
freedom of expression.
NPC v Comelec
Section 11 (b) of RA 6646 prohibits:
A. Any mass media columnist, commentator, announcer or
PUBLIC UTILITY VEHICLES AND TERMINALS personality who is a candidate for any elective public office shall
take a leave of absence from his work as such during the
1-UTAK v Comelec campaign period.
Prohibition of posting of campaign materials violates propriety rights and B. Reporting of news and news events relating to candidates, their
freedom of expression. qualifications, political parties and their platforms of government,
is not and should not be restricted.
Atty Guji: First premise, the Comelec has the power to regulate public utility to
equalize opportunities. The Comelec can, provided it does not strike into the heart
C. Commentaries, expressions of belief or opinion are allowed for as
of ownership of that particular vehicle. Even if it is a public utility vehicle, it is long as they are not in fact advertisements for candidates secretly
privately owned. They still have ownership rights and freedom of expression. paid for.
What about public terminals, privately owned? Pwede gihapon. You can place your Atty Guji: If you’re a media personality, can you run for public office? Yes. What
posters there. Property rights and freedom of expression prevails over the power happens to your job? You’ll be required to take a leave of absence or else, you
of Comelec to regulate public utilities during election period. might take advantage of your job. You can endorse a candidate in your column,
provided that you are not publicly or secretly paid for.
But when you say franchise, pwede paki-alaman sa Comelec but not to the extent
of telling the owner with what to do and what not to do with the vehicle. That is Tulfo was very vocal during the 2016 elections. Every day in his column in Inquirer
nothing to do with the safety of the passengers. he prodded for Duterte to run for public office. Duterte is what we need, we need
a tough leader to fight criminality. Can we censure Tulfo? Or say Tulfo is violating
Diocese of Bacolod v. Comelec (STUDY THIS CASE) election campaign regulations? No. That is freedom of expression. Even if at the
end, if you are the writer, and you talk about the credentials of the candidate, and
Facts: at the end, you say, “Vote for Duterte!,” that is allowed. The limitation is, for as
The Catholic Church was so vocal in its campaign against RH Bill which long as it, it is not paid for.
was later on passed. Come election time, the church remembered those
elected officials who voted for RH bill and those against. So, Diocese of MAXIMUM EXPENSES ALLOWED
Bacolod made a tarpaulin showing the Pro-RH as Team Patay while Anti-
RH as Team Buhay. The tarp was posted inside the premises of the A. P3 – candidates with political party, per registered voter in the
diocese, however, it exceeded the size limitations. The Election Officer constituency you are running.
wrote to diocese instructing them to remove the tarp because it exceeds B. P5 – independent candidates per registered voter in the
size limitations. Diocese responded that it is within their premise which constituency you are running.
is a private property. C. P5 – political parties and party-list per registered voter in the
constituency you are running.
Held:
Oversized campaign materials may be posted or placed on private Amount is based on the total number of registered voters in the
property. The power to regulate size pertains to candidates and political territorial jurisdiction
parties only.
The content of the tarpaulin is political speech or advocacy, and not
political advertisement which the Commission is authorized to regulate.
Reportorial requirements Atty Guji: A day prior to the elections and election day, liquor ban is enforced.
A. What to report – Statement of Contribution and Expenditures The reason is because sobriety is important since you are making important
decision (choosing government officials in the next 3 or 6 years).
Expense (SOCE)
B. When to report – Within 30 days from day of election There was a time when Comelec tried to extend the 2-day period to 5 days on the
C. Who will report – Candidate or party treasurer basis of recommendation of MMDA. Distributors and manufacturers of liquor
Atty Guji: You have to report and if you exceed the amount that you opposed and filed TRO. SC granted the TRO and said that the 2-day period of ban
reported, that would be very incriminating against you. This is what under the Omnibus Code cannot be expanded by Comelec. At the stroke of 12
happened to ER Ejercito. He was running for Governor in Laguna but even midnight, you cannot drink anymore. However, in the privacy of your home, you
if the position was only for Governor, he placed political ads on national TV. can drink to death.
There was a contract with ABS CBN or other network and said network has
obligation to report that contract to the Comelec for monitoring. Because it Except: Hotel and restaurants –
was reported, it was found out that based in political ads alone, ER Ejercito A. Duly certified by the Department of Tourism as tourist-
already exceeded allowable expense.
oriented. (This applies only to foreigners)
That is why he was disqualified. His defense was that he did not consent to B. Habitually catering to foreign tourists
the political ads; that someone did it for him. But in the contract of C. Upon prior authority from the Commission
advertisement, there’s a part where the candidate consents or agrees to the
contract. Ejercito claimed that it was a fake signature. Comelec did not OPENING OF BOOTHS OR STALLS
believe him and disqualified him for exceeding the allowable expense. ABS
CBN or any network has a contract and are required to report it to Comelec.
Prohibited act
The disqualification here is after the elections. Because the requirement to
report is 30 days after the elections but you can be disqualified in the
Opening of any booth or stall for the sale, dispensing or display of any
succeeding elections if on the third attempt, you still did not file your SOCE. merchandise by any person
The contract with ABS CBN is worth 21 million. He was only running for a Place of prohibition
local election and is advertising himself nationwide. Remember, what I say, Any polling place or within 30 meter radius
30-second commercial is P800,000, and you place a commercial with ABS.
But, under the law, the media entity where you placed your advertisement Period of prohibition
is required to report to Comelec the contract of advertisement. In Laguna,
During election day and counting of votes
there are only 1.5 registered, multiplied by 3, only entitled to 4.5 million. The
contract with ABS was already 21 million. The Comelec said, even if the
candidate was already entitled to a discount. Because there is actually a HOLDING OF FAIRS, COCKFIGHTS, BOXING, HORSE RACES,
discount during election period, 30% discount if you want to place an JAI-ALAI OR ANY OTHER SIMILAR SPORTS
advertisement. Even if there was a 30% discount, still it exceeded the
campaign limitations. Prohibited acts
The holding of:
Effects of failure to file A. Fairs
A. Administrative fine of 1-30k on first offense B. Cockfights
B. Administrative fine of 2-60k on second offense C. Boxing
C. Paid within 30 days from receipt of notice of failure to file, D. Horse races
else enforceable by writ of execution E. Jai-alai
D. Perpetual disqualification to hold public office F. Any other similar sports
E. Winners who fail to file cannot assume office
Person liable
Except: Candidates for elective barangay office Any person, on election day
Duty of election officer REFUSAL TO CARRY ELECTION MATTER
Advise in writing within 5 days from election all candidates within area
of justification to comply with filing requirements. Prohibited act
Refusal to carry official election matter free of charge
Atty Guji: If you do not file your SOCE, there is a fine and if thrice, there is
perpetual disqualification to run for public office. If you won, and did not file the
SOCE, you cannot assume office. You might want to argue, does it not expand the Persons liable
qualifications set forth by the constitution? That is not qualification. That is A. Any operator or employee of a public utility or transportation
regulation. company operating under a certificate of public convenience
B. employers or deputized agents of postal service controlled by
OTHER PROHIBITIONS a GOCC
OTHER PROHIBITIONS Period of prohibition

A. Liquor ban Election period
B. Opening of booths or stalls
C. Holding of fairs, cockfighting, boxing, horse races, jai-alai or PROHIBITION AGAINST DISCRIMIINATION IN THE SALE OF
any other similar sports AIR TIME
D. Refusal to carry election matter
E. Prohibition against discrimination in the sale or air time Prohibited act
Discrimination against candidate or political party in the sale of air time
LIQUOR BAN
Person liable
Prohibited acts Any person who operates a radio or television station
Selling, furnishing, offering, buying, serving or taking intoxicating liquor Except: when there is justifiable reason
by any person
Eve and day of election
OTHER ELECTION OFFENSES IN SECTION 262, OEC returns by any printing establishment which is not under contract with the
Commission. You know kay kaning official ballots gyud ang makaprint ra gyud ani
is the bureau of printing sa government and you can only go to private
OTHER ELECTION OFFENSES IN SECTION 262, OEC
establishments if the bop certifies that d na nila kaya. With the concurrence of the
Bank Central ng PIlipinas kay delikado man ig adtu nimu sa private, it will be
Prohibited acts under Sec 29 RA 8436 as amended by Sec 28 RA 9368 subject to many speculations. I-speculate naman gani na ang government ang
A. Unauthorized use, tampering with, damaging, destroying or naghimu how much more if sa private.
stealing:
1. Official ballots, election returns or certificates of Instances of electoral sabotage
canvass used in automation When tampering, increase or decrease or refusal to credit or deduct the
2. Electronic devices or their components, peripherals votes received by any candidate in any election.
or supplies such as counting machine, memory A. Is committed in the election of a national elective office voted upon
pack and computer set used in automation nationwide and the votes involved adversely affect the result of the
elections.
B. Interfering with, impeding, absconding for purpose of gain,
preventing the installation or use of computer counting Atty Guji: If it does not adversely effect, then it is not electoral sabotage, it
devices and the processing, storage, generation and is just a simple election offense.
transmission of election results, data or information
It does not talk about a minimum number of votes basta national elective
C. Gaining, or causing access to using, altering, destroying or office gani dag dag bawas gani ka it is electoral sabotage provided the votes
added or shaved adversely affect the result of the elections. Take note ha
disclosing any computer data, program, system software,
when we say it adversely affected the result of the elections meaning it
network, or any computer-related devices, facilities, hardware
changes the ranking or it means somebodys a loser and made the winner of
or equipment, whether classified or declassified
the elections. So even if nagdag dag bawas gani ko but it did not affect the
result of the elections it did not make a loser the winner, okay lang na it is
D. Refusal of citizen’s arm to present for perusal its copy of not electoral sabotage. But am I spared from liability not necessarily but not
election returns to the BOC under electoral sabotage probable a simple election offense.
Atty Guji: Remember the penalty. General rule is 1 year to 6 year imprisonment B. Regardless of elective office involved, it is accomplished in a single
without probation. Under automated elections, there are penalties that are higher.
document, or election results are transposed from one election
document to another involves a number of votes exceeding 5,000
Penalty under this Act:
and the votes adversely affect election results.
1. Imprisonment of 8 years and 1 day to 12 years
2. Without possibility of parole (why not probation? Because it Atty. Guji:
cannot be available if it is more than 6 years) Ganina we said elective office regardless of the number of votes for as long
3. Perpetual disqualification to hold public office as it adversely affected the result of the elections, but here we’re talking now
4. Deprivation of suffrage about the number of documents and the number of votes. For as long as it
5. Perpetual disqualification to hold any non-elective office. adversely affect the election results so kung d gihapun siya makaaffect sa
election results that is not electoral sabotage but a simple election offense.
What is the difference? If electoral sabotage the penalty is life imprisonment
ELECTORAL SABOTAGE
as opposed to 1 to 6 years imprisonement for a simple election offense.
ELECTORAL SABOTAGE UNDER SEC 27 OF RA 6646

C. If the number of votes involved exceeds 10,000 and adversely
As amended by Section 42 of RA 9369
affect the results of the election.
It is a special election offense
Atty. Guji:Regardless of the position and regardless of the number of
Prohibited act documents and regardless of whether or not it adversely affects the results
Causing the printing of official ballot and election returns by any printing of the elections.
establishment which is not under contract with the Commission
You want a very popular example? Gloria arroyo. It is a matter of evidence.
Who is liable Prohibited Acts How do you prove electoral sabotage? It’s easy if you dagdag bawas dunay
documentary evidence and pictures and here we’re talking about documents.
A. Undertaking such unauthorized printing So pananglit ang 100,000 gikwaan ug isa ka zero nahimung 10,000 nlng that
B. Tampering, increasing or decreasing the is electoral sabotage. If there is a paper trail it is so easy to prove. But in so
Any person votes received by any candidate in any far as that little girl is concerned the only basis of her electoral sabotage case
election is I think she was overheard her saying kayo na ang bahala or words to that
effect. That is why some media commentaries would always argue na dapat
Refusal to credit the correct votes or deduct nakapiyansa daw si gma because the evidence due is not substantial but
ofcourse nakapiyansa siya after na. And I think gibasura naman tingali.
tampered votes, after proper verification and
An BEI or BOC hearing
Penalty
member
Life imprisonment
Provided: If committed on a large scale, it is
considered electoral sabotage punishable by life
Other persons liable
imprisonment
Any and all persons in conspiracy or in connivance with any member of
the BEI or BOC.
Electoral sabotage defined
It is a special election offense committed by any person, BEI member or
BOC member who, on a large scale or substantial numbers:
A. Tampers, increases, decreases votes received by a candidate
B. Refuses after proper verification and hearing to credit correct vote
or deduct tampered vote committed.
Atty Guji: Otherwise known as dagdag-bawas. Important ni ha, this is a special

election offense prohibited act causing the printing of official ballot and election
CRIMINAL LIABILITY FOR ELECTION OFFENSES Comelec v. Espanol
PERSONS CRIMINALLY LIABLE FOR ELECTION OFFENSE Facts:
The Commission authorized the prosecutor to investigate and prosecute
Principals, accomplices and accessories as defined by the Revised Penal a case for vote-buying. It later decided however to exempt from
Code
Penalties: prosecution the witnesses who testified about vote-buying and to

A. Imprisonment of not less than 1 year but not more than 6 years dismiss the cases against them.
B. Not subject to probation
C. Disqualification to hold public office The prosecutor opposed on the ground that exemption applies only to
D. Deprivation of suffrage vote-buying whereas the witnesses are charged with vote-selling. The
trial court denied the motion on the ground that the power to exempt is
If foreigner – deportation after service of sentence not absolute as the court has authority to decide.
If political party – fine of not less than 10k
Held:
PROSECUTION OF ELECTION OFFENSES The Commission has the sole power to investigate and prosecute
election offenses like vote-buying and vote selling. Its delegated
Shared or concurrent jurisdiction with DOJ and other government law authority to the prosecution may be revoked anytime, expressly or
enforcement agencies. impliedly, at any stage of the proceedings.
Atty Guji: Prosecution of election offenses before, we said exclusive power from Likewise, it has the sole power to exempt witnesses from prosecution
the comelec investigate and prosecute but now it is concurrent with the for vote-buying and vote-selling. These powers cannot be interfered
department of justice concurrent kung kinsa makauna ug acquire ug jurisdiction it with by the trial court, much less opposed by the prosecutor, absent
excludes the others. Pero karun ang comelec muhangyu gihapun sa DOJ not to
deputize them kay concurrent ilang jurisdiction but to create a special body of
clear showing of grave abuse of discretion.
prosecutors to specialize on election offenses. So karun concurrent jurisdiction
Comelec and DOJ. NATURE OF ELECTION LAWS
ELECTION LAWS: MALA IN SE AND MALA PROHIBITA
Election Offenses, Rule 34, Section 1, Comelec Rules of Procedure
GR: Election laws are special statutes and as such, any violation is
Authority of the Commission to Prosecute Election Offenses considered mala prohibita. They are wrong not because they are
A. Exclusive power to investigate and prosecute unless otherwise inherently wrong, but because they are prohibited by law. Thus, lack of
provided by law intent therefore is not a defense.
B. Continuing delegation of authority to other prosecution arms of the XPN: If the election offense is something inherently immoral such as
government in their capacity as deputies of the Commission lying, cheating and stealing – they are mala in se. Thus, lack of intent is
now a defense.
C. To investigate and prosecute complaints for election offenses
under election laws filed directly with them or indorsed to them by People v. Bayona
the Commission Re: Election laws are mala prohibita as a general rule.
Such authority may be revoked and withdrawn anytime to: Facts:

1. Protect the integrity of the Commission A person was convicted for carrying a firearm within 50 meters from the
2. Promote the common good polling place. He argued that he merely alighted form his car when his
3. When it believes successful prosecution can be done by the friend called him. He had no intention to go inside the polling place,
Commission much less to vote or campaign for anybody. In short, he had no intention
to intimidate the voters or in any manner influence the conduct of
Section 265, Omnibus Election Code, as amended by RA 9369 election.
The Commission, through its duly authorized legal officers, has power:
A. To investigate and prosecute election offenses punishable Held: Election laws are statutory or special laws hence they are mala
under the Omnibus Election Code. prohibita. As such, lack of intent is not a defense.
TN: Concurrent with other prosecuting arms of the government. Atty Guji:
Here is the general rule:
Election laws are statutory special laws hence they are mala prohibita. In which
PRESCRIPTION OF ELECTION OFFENSES case lack of intent or good faith is not a defense. But are all election offenses mala
After 5 years from date of commission prohibita? The answer is no it could be mala in se if the offenses involved baseness
vileness pwede.
Can there be a time when it can be reckoned from the date of
discovery? Dagdag bawas is mala in se so you can invoke the defense of good faith and lack
Yes. If discovered during election contest proceedings, period of intent and probably in one of the cases they might say fatigue “kapuy na kaayu
commences when judgment on such proceedings becomes final and mi nadisoriented na mi so natang tang ang isa ka zero.” But the Supreme Court
said in one case that the magnitude of error belies good faith in fatigue so dako
executory gani kaayu ang nawagtang you cannot say that im just tired. In other words the
Supreme Court is saying if you are the board of canvassers, if you are board of
Atty Guji: election inspectors you have no right to be tired and compromise accuracy you
In other words election proceedings, the period of 5 years only begin to run after can be tired for as long as you don’t compromise accuracy.
finality of the decision so taas taas na panahon.
Garcia v. Comelec
Kani na cases it emphasizes the exclusive jurisdiction of the Comelec before so it
is outdated ha because before if you are deputy of the Comelec to investigate and Re: Decreasing the votes of one candidate is mala in se.
prosecute election offenses you are under the control and supervision of the
Comelec if the Comelec tells you to drop the case you have to drop it you have no
choice because it pertains to the Comelec pero karun concurrent naman you
cannot exercise this anymore control and supervision.
Facts:
The MBOC Chairman was convicted for decreasing votes by at least
5,000. She argued she has no motive to cheat. As a matter of fact, it
was not credited to another candidate. She could not explain how the
5,921 votes were reduced to 1,921. It must have been through honest
mistake due to fatigue.
Held:
The act of decreasing the votes of one candidate, even if not credited
to another, is inherently immoral, because it is done with malice and
intent to injure another. As such, it is mala in se, even if as a general
rule, violation of election law is mala prohibita.
But while lack of intent may be a defense in mala in se, it is negated

during trial in this case where she admitted that she:
A. Announced 1,921 instead of 6,921.
B. Prepared the COC even if it was not her duty thus indicating
intent to manipulate the results.
And, she could not explain how the votes were decreased, which is
inconsistent with her bounden duty ensure accuracy of the entries in the
Statement of Votes and Certificate of Canvass, sensitive election
documents which entries must be thoroughly scrutinized.
Atty Guji: Inherently immoral, it means that it involves lying, cheating and stealing.
Remember these acts especially in elections.
Domalanta v. Comelec
Facts:
The PBOC and their support staff were accused of conspiracy to pad
votes. The results form municipalities were padded by retaining the last
3 digits but changing the first digit to add as low as 1,000 and a high as
10,000 votes amounting to at least 44,000 benefiting at least 3
senatorial candidates. They argued it was an honest mistake.
Held:
Magnitude of error belies honest mistake in the performance of election
duty. If computation discrepancies are too substantial, it cannot be
categorized as mere computation error resulting from fatigue.
Atty Guji: General rule election laws is mala prohibita but it is mala in se if it
involves stealing, cheating, lying mala in se. Things you should never do in a
relationship.
Tan.awa she could not explain how the votes were decreased which is inconsistent
with her bounden duty to ensure accuracy of the entries of the statement of votes.
Sensitive election documents which entries must be thoroughly scrutinized. You
may be tired but you cannot afford to commit a mistake because it involves no
less than the sovereign will. You were there that’s why beinghealthy is part and
parcel of the job of the election officers and the canvassers and the teachers so
kung d kaya sa lawas ayaw nlng sir.
But then again these cases actually highlight the limitations, shortcomings and
pitfalls of manual election. Ang manual elections it is so passe because we’ve
proven time and again katulo nagud na nagautomated elections the accuracy is so
high 99.99 something. It is not a perfect system but no system is anywhere in the
world. It’s not perfect but at least it’s a very good start very fast and accurate.

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ELECTION LAWS | Atty.

Ferdinand Gujilde | Notes by EH407 2015-16| Updated by EH407 2016-17

Held: THREATS, INTIMIDATION, TERRORISM, USE OF FRAUDULENT

UNLAWFUL ELECTIONEERING Persons liable

Period of prohibition Period of prohibition

Place of prohibition USE OF PUBLIC FUNDS, MONEY DEPOSITED IN TRUST,

Prohibited acts Person liable

APPOINTMENT OR USE OF SPECIAL POLICEMEN, SPECIAL Person liable

Person liable Prohibited acts

No exception But, no candidate or spouse or member of family within second civil

Reportorial requirement HOUSING AND ANY OTHER GOVERNMENT DEPARTMENT PERFORMING

Except: No. The regular courts have no jurisdiction to entertain a petition to

SUSPENSION OF ELECTIVE PROVINCIAL, CITY, MUNICIPAL

Except: PROHIBITIONS DURING VOTING

It is the right to reply to charges published or aired against claimant.

OTHER PROHIBITIONS Period of prohibition

ELECTORAL SABOTAGE UNDER SEC 27 OF RA 6646

Atty Guji: Otherwise known as dagdag-bawas. Important ni ha, this is a special

Penalties: prosecution the witnesses who testified about vote-buying and to

Such authority may be revoked and withdrawn anytime to: Facts:

But while lack of intent may be a defense in mala in se, it is negated

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