Remedies and

Postponement of Election Failure/Annulment of Elections Pre-proclamation Controversies Election Protest Quo Warranto
[Sec. 5 of BP 881] [Sec. 6 of BP 881]
What to file and who may file
Verified petition by an Verified petition by an interested Any candidate or any registered political party It can be filed only by a candidate Any voter
interested party party who has duly filed a Certificate of
Candidacy and has been voted for
Definition/Nature
It is an extraordinary remedy and It refers to any question: It is a special statutory [summary] A petition for quo warranto refers to
therefore petition must specifically  Pertaining to the proceedings or proceeding designed to contest the questions of disloyalty or ineligibility
allege the essential grounds that composition of the BOC or any matter right of a person, declared elected to of the winning candidate. It has the
would justify the same. raised under Secs 233-236 of the OEC in enter upon and hold office. effect of disqualifying a candidate to
relation to the PTRCA hold office to which he is elected.
It is strictly a contest between the
It is summary and administrative in character. defeated and winning candidates as Velasco v. Belmonte: A proceeding
However, it cannot be stretched as to mean as to who actually obtained the majority to determine the right of a person to
ex-parte proceedings. Thus, other parties must of the legal votes and therefore is the use or exercise of a franchise or
be given opportunity to present evidence also. entitled to hold office. office and oust the holder from its
enjoyment, if his claim is not well-
founded, or if he has forfeited his
Here, the BOC is limited only to what appears Nature: It is a formal judicial
right to enjoy the privilege.
on the face of the ER and in relation only to proceeding that goes into the
the PTRCA of ER. correctness of the counting and
appreciation of ballots at the precinct Primordial objective: prevent an
level where the parties are allowed elective official from assuming
to present and examine evidence in officed grounded on ineligibility.
detail. [There will be a revision of
ballots in EP]. Any irregularity and
Nature: It is to unseat the ineligible
fraud are brought thru EP.
person from office, but not to install
the protestant in his place.
Purpose: To ascertain that the
candidate proclaimed by the BOC is
the lawful choice of the people. It is
clothed with public interest.
Where to file/Jurisdiction
Before the COMELEC en banc Any declaration of postponement, Before the Board of Canvassers or directly
(note: vested with motu failure of election and calling for a with the COMELEC.
Regional Officials
proprio to declare special election shall be decided by
postponement – if there are the Commission sitting en banc by a Provincial COMELEC in Division
reports from the military or majority vote of its members. City
police officers that they cannot Municipal officials RTC of general jurisdiction
conduct peaceful election) Barangay MTC
P, VP SC en banc [PET]
 Upon due notice and Senators SET
hearing whereby all Members of HR HRET
interested parties are
afforded equal  Composition of Electoral Tribunals
opportunity to be heard o ET has nine (9) members;
o 3 shall be justices of the SC + 6 shall members of Senate or
HR (as the case may be)
o Senior Justice shall be chairman
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No specific period within which
to file a petition for annulment
of elections if there is no
proclamation yet but the
period within which the special
election should be held must
be;
 Reasonably close to the
date of the election not
held;
 Not later than 30 days
after the cessation of the
cause of such
postponement
 Violence,
 Terrorism,
 Loss or destruction of
election paraphernalia or
records;
 Force majeure;
 Other analogous cause
which prevent HOPE-
FRECRE elections
No specific period within which to file
(if there is no proclamation yet) but
the period within which the special
election should be held must be;
 Reasonably close to the date of
the election not held;
 Not later than 30 days after the
cessation of the cause of such
postponement
1. Not held on the date fixed by
law [VTLFO]
2. The elections continued but
suspended before the hours
fixed by law on the same
causes;
3. There was voting and counting
and during the preparation and
transmission of ER or in
custody of canvass, there is
failure to elect on the same
ground
Two (2) Conditions
1. No voting has taken place and
even if there was, it resulted to
failure to election;
2. The votes not cast could affect
the result of the election
When to file/Period
*please see period below*  Comelec in Division – 10 days Within 10 days after the
from proclamation  Comelec proclamation of the results of the
en banc (file MR within 5 days election
from promulgation thereof)
 RTC – 10 days  Comelec
Division (appeal within 5 days
from receipt of decision)
 MTC – 10 days from
proclamation  Comelec
Division (appeal within 5 days
from receipt of the decision)
 PET – 30 days from
proclamation
 SET – 15 days
 HRET – 10 days
Grounds
GR: COMELEC exercises authority to decide  Fraud;  Ineligible
PPC  Vote-buying  Disloyalty to the PH
 Terrorism
 Presence of flying voters
If matters are raised before the COMELEC:
 Misreading and
1. Questions affecting the compo and
misappreciation of the ballots
proceedings of the BOC (this is the
 Disenfranchisement of voters
petition directly filed before it)
2. In appeals from the ruling of the BOC  Other election irregularities
which is of two types:
a. First – questions contesting the
compo and proceedings of
BOC (appeal must be taken by
the contestant adversely
affected within 3 days from
such ruling to the COMELEC);
b. Second – ruling on questions
contesting ER – party must
inform the board that he
intends to appeal, and the
board shall enter said info in
the minutes of canvass and
within 48 hrs, adverse party
must file a notice of appeal
(written and verified) and within
an unextendible 5 days
thereafter, has to take an
appeal to the COMELEC
XPN: Pres., VP., Senators, and members of
HR, no PPC cases shall be allowed on matters
relating to preparation, transmission, receipt,
custody, and appreciation of the Election
Return and Certificate of Canvass.
XPN to the XPN: BUT, this does not preclude
the authority of the appropriate canvassing
body motu proprio or upon complaint of an
interested person.
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1. To correct manifest error in their cert
of canvass or ER before it;
2. Authenticity and due execution of
CoC;
3. Questions affecting the composition
and proceedings of the BOC.

If matters are raised before the BOC

1. On any matter under OEC
a. 233 – ER are delayed,
destroyed
b. 234 – material defects
c. 235 – ER appears to be
tampered with or falsified
d. 236 – discrepancies in the ER
e. In re to the PTRCA of the ER
and COC (NOTE: Not the
ballot!)
2. Questions affecting the compo and
proceedings of the BOC
3. Correct manifest error in the cert of
canvass or ER before it
4. Authenticity and due execution of COC
(Pimentel v. COMELEC)
5. The ERs were prepared under duress,
threats, coercion, or intimidation
6. The ERs are obviously manufactured
(Ocampo v. COMELEC: must be
evidence from the face of the said
document.)
7. When the substitute or fraudulent returns
in controverted polling places are
canvassed, the result of which materially
affect the standing of the aggrieved
candidate

Scope/Issues that may be raised in PPC

a. Illegal compo or proceedings of the BOC;
b. Canvassed ER are incomplete, contain
material defects, appear to be tampered
with, or falsified or contain discrepancies
in the same returns or in other authentic
copies as mentioned in Sec. 233-236
c. ERs were prepared under duress,
threats, coercion, or intimidation, or
d. ERs are obviously manufactured or not
authentic (this fact must be evident from
the face of the said docu)
e. When substitute or fraudulent returns in
controverted polling places are
canvassed, the result of which materially
affect the standing of the aggrieved
candidate.

Marcos Jr. v. Robredo, PET Case No. 005, February 16, 2021
Annulment of Election Failure of Election
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Annulment of election is an incident of the judicial function of electoral tribunals
Electoral tribunals only annul the election results connected with the election contest before it
As such, annulling elections, the PET does so only to determine who among the candidates
garnered a majority of the legal votes cast
Failure of election is in the exercise of the COMELEC’s administrative function
The declaration of failure of elections by the COMELEC relates to the entire election in the
concerned precinct or political unit
The COMELEC, on the other hand, declares a failure of elections with the objective of holding or
continuing the elections, which were not held or were suspended, or if there was one, resulted in
a failure to elect. When COMELEC declares a failure of elections, special elections will have to
be conducted.