Professional Documents
Culture Documents
I. GENERAL PRINCIPLES
Definitions.
Suffrage: the right to vote in the election of officers chosen by the people and
in the determination of questions submitted to the people. Includes within its
scope: election, plebiscite, initiative and referendum.
Election: the means by which the people choose their officials for a definite
and fixed period and to whom they entrust for the time being the exercise of the
powers of government. Kinds:
Regular: one provided by law for the election of officers either nation-
wide or in certain subdivisions thereof, after the expiration of the full term of the
former officers.
Special: one held to fill a vacancy in office before the expiration of the full
term for which the incumbent was elected.
Theories on Suffrage.
Natural right theory: Suffrage is a natural and inherent right of every citizen who
is not disqualified by reason of his own reprehensible conduct or unfitness.
Social expediency: Suffrage is a public office or function conferred upon the
citizen for reasons of social expediency; conferred upon those who are fit and
capable of discharging it.
Tribal theory: It is a necessary attribute of membership in the State.
Feudal theory: It is an adjunct of a particular status, generally tenurial in
character, i.e., a vested privilege usually accompanying ownership of land.
Ethical theory: It is a necessary and essential means for the
development of society.
To provide a system for securing the secrecy and sanctity of the ballot, and
for absentee voting by qualified Filipinos abroad.
Sec. 12, R. A. 7166 provides for absentee voting, but is applicable only to the
elections for the President, Vice President and Senators, and limited to members
of the Armed Forces of the Philippines and the Philippine National Police and
other government officers and employees who are duly registered voters and
who, on election day, may temporarily be assigned in connection with the
performance of election duties to places where they are not registered voters.
R.A. 9189 (The Overseas Absentee Voting Act of 2003) addressed the need
for overseas Filipinos to be able to vote in Philippine elections. See following
Chapter on VOTERS: QUALIFICATION AND REGISTRATION, for more detailed
discussion.
To design a procedure for the disabled and the illiterate to vote without the
assistance of other persons.
Election period. Unless otherwise fixed by the Comelec in special cases, the
election period shall commence 90 days before the day of the election and shall end
30 days thereafter [Sec. 9, Art. IX-C, Constitution].
COMMISSION ON ELECTIONS
[See CHAPTER XI, CONSTITUTIONAL LAW]
In this case, the Supreme Court continued by saying that contrary to the
claim of petitioner, the execution of the affidavit itself is not the enabling or
enfranchising act. The affidavit required is not only proof of the intention of the
immigrant or permanent resident to go back and resume residency in the
Philippines, but more significantly, it serves as an explicit expression that
he had not in fact abandoned his domicile of origin. It must be emphasized that
Sec. 5(d) does not only require an affidavit or a promise to “resume actual
physical permanent residence in the Philippines not later than three years from
the approval of his/her registration”, the Filipino abroad must also declare that
they have not applied for citizenship in another country. Thus, they must return to
the Philippines otherwise, their failure to return “shall be cause for the removal”
of their names “from the National Registry of absentee voters and his/her
permanent disqualification to vote in absentia”.
Any person sentenced by final judgment to suffer imprisonment for not less
than one year (unless granted a plenary pardon or an amnesty); but right is
reacquired upon the expiration of 5 years after service of sentence.
Registration of voters. It shall be the duty of every citizen to register and cast his
vote [Sec. 4, B.P. 881]. In order that a qualified elector may vote in any election,
plebiscite or referendum, he must be registered in the Permanent List of Voters
for the city or municipality in which he resides [Sec. 115, BP 881],
Registration does not confer the right to vote; it is but a condition precedent
to the exercise of the right. Registration is a regulation, not a qualification [Yra v.
Abano, 52 Phil 380],
\nAkbayan Youth v. Comelec, G.R. No. 147066, March 26, 2001, the
Supreme Court upheld the action of the Comelec denying petitioners’ request for
two (2) additional registration days in order to enfranchise more than 4 million
youth between the ages 18-21 who failed to register on or before December 27,
2000. The law was simply followed by the Comelec, and it is an accepted
doctrine in administrative law that the determination of administrative agencies as
to the operation, implementation and application of a law is accorded great
weight, considering that these specialized government bodies are, by their nature
and functions, in the best position to know what they can possibly do or not do
under prevailing circumstances.
Illiterate or disabled voters. Any illiterate person may register with the
assistance of the Election Officer or any member of an accredited citizen’s arms.
The application for registration of a physically disabled person may be prepared
by any relative within the fourth civil degree of consanguinity or affinity or by the
Election Officer or any member of an accredited citizen’s arm using the data
supplied by the applicant [Sec. 14, R.A. 8189],
Election Registration Board [Sec. 15, R.A. 8189]. There shall be in each city
and municipality as many Election Registration Boards as there are election
officers therein. The Board shall be composed of the Election Officer as
chairman, and as members, the public school official most senior in rank and the
local civil registrar, or in his absence, the city or municipal treasurer. No member
of the Board shall be related to each other or to any incumbent city or municipal
elective official within the fourth civil degree of consanguinity or affinity. Every
registered party and such organizations as may be authorized by the
Commission shall be entitled to a watcher in every registration board.
Challenges to right to register [Sec. 18, R.A. 8189]. Any voter, candidate or
representative of a registered political party may challenge in writing any
application for registration, stating the grounds therefor. The challenge shall be
under oath and attached to the application, together with the proof of notice of
hearing to the challenger and the applicant. Oppositions to contest a registrant’s
application for inclusion in the voters’ list must, in all cases, be filed not later than
the second Monday of the month in which the same is scheduled to be heard or
processed by the Election Registration Board. The hearing on the challenge shall
be heard on the third Monday of the month and the decision shall be rendered
before the end of the month. 8
persons from the corresponding precinct book of voters and place the same,
properly marked and dated in indelible ink, in the inactive file after entering the
cause or causes of deactivation: [a] Any person who has been sentence by final
judgment to suffer imprisonment for not less than one year, such disability not
having been removed by plenary pardon or amnesty; Provided, however, that
any person disqualified to vote (because of this) shall automatically reacquire the
right to vote upon expiration of five years after service of sentence as certified by
the clerks of courts; [b] any person who has been adjudged by final judgment by
a competent court or tribunal of having caused/committed any crime involving
disloyalty to the duly constituted government, such as rebellion, sedition, violation
of the anti-subversion and firearms laws, or any crime against national security,
unless restored to his full civil and political rights in accordance with law,
Provided that he shall regain his right to vote automatically upon expiration of five
years from service of sentence; [c] any person declared by competent authority
to be insane or incompetent unless such disqualification has been subsequently
removed by a declaration of a proper authority that such person is no longer
insane or incompetent; [d] any person who did not vote in the two successive
preceding regular elections as shown by their voting records (for this purpose,
regular elections do not include the Sangguniang Kabataan elections); [e] any
person whose registration has been ordered excluded by the court; and [f] any
person who has lost his Filipino citizenship.
Preparation and Posting of the Certified List of Voters [Sec. 30, R.A. 8189].
The Board shall prepare and post a certified list of voters 90 days before a
regular election and 60 days before a special election and furnish copies thereof
to the provincial, regional and national central files. Copies of the certified list,
along with a list of deactivated voters categorized by precinct per barangay shall
also be posted in the office of the Election Officer and in the bulletin board of
each city/municipal hall.
Jurisdiction in inclusion and exclusion cases [Sec. 33, R.A. 8189], The
Municipal and Metropolitan Trial Courts shall have original and exclusive
jurisdiction over all cases of inclusion and exclusion of voters in their respective
cities and municipalities. Decisions of the Municipal or Metropolitan Trial Courts
may be appealed by the aggrieved party to the Regional Trial Court within five
days from receipt of notice thereof. Otherwise, said decision shall become final
and executory. The RfC shall decide the appeal within 10 days from the time it is
received and the decision shall immediately become final and executory. No
motion for reconsideration shall be entertained.
Petition for Inclusion [Sec. 34, R.A. 8189]. Any person whose application for
registration has been disapproved by the Board or whose name has been stricken
out from the list may file with the court a petition to include his name in the permanent
list of voters in his precinct at any time except 105 days prior to a regular election or
75 days prior to a special election. It shall be supported by a certificate of disapproval
or his application and proof of service of notice of his
petition upon the Board. The petition shall be decided within 15 days after its filing.
4
Petition for Exclusion [Sec. 35, R.A. 8189], Any registered voter,
representative of a political party or the Election Officer, may file with the
a sworn petition for the exclusion of a voter from the permanent list of voters
giving the name, address and the precinct of the challenged voter at any time
except 100 days prior to a regular election or 65 days prior to a special election.
The petition shall be accompanied by proof of notice to the Board and to the
challenged voter, and shall be decided within 10 days from its filing.
E. Annulment of Book of Voters [Sec. 39, R.A. 8189]. The Commission shall,
upon verified petition of any voter or election qfficer or duly registered political party,
and after notice and hearing, annul any book of voters that is not prepared in
accordance with the provisions of this law, or was prepared through fraud, bribery,
forgery, impersonation, intimidation, force or any similar irregularity, dr which
contains data that are statistically improbable. No order, ruling or decision annulling a
book of voters shall be executed within 90 days before an election.
However, the annulment of the list of voters shall not constitute a ground for a
pre-proclamation contest [Ututalum v. Comelec, 181 SCRA
335].
Party System. A free and open party system shall be allowed to evolve according to
the free choice of the people [Sec. 2(5), Art. IX-C, Constitution],
Political Party.
ascertainment of the identity of the political party and its legitimate officers [Laban ng
Demokratikong Pilipino v. Comelec, G.R. No. 161265, February 24, 2004].
CANDIDATES;
CERTIFICATES OF
Qualifications.
Disqualifications.
Under the Local Government Code [Sec. 40, R.A. 7160]: Applicable to
candidates for local elective office only:
In Grego v. Comelec, G.R. No. 125955, June 19, 1997, it was held that
an elective local official who was removed from office as a result of an
administrative case prior to January 1, 1992 (the date of effectivity of the Local
Government Code), is not disqualified from running for an elective local public
office, because Sec. 40 of the Local Government Code cannot be given
retroactive effect.
In Reyes v. Comelec, 254 SCRA 514, the Supreme Court ruled that the
petitioner, a Municipal Mayor who had been ordered removed from office by the
Sanggunian Panlalawigan, was disqualified, even as he alleged that the decision
was not yet final because he had not yet received a copy of the decision,
inasmuch as it was shown that he merely refused to accept delivery of the copy
of the decision.
Those convicted by final judgment for violating the oath of allegiance to the
Republic of the Philippines.
However, in the case of a former Filipino who lost Philippine citizenship and
thereafter reacquires it by taking the oath of allegiance as required in R.A. 9225, he
must personally swear to an oath renouncing all foreign citizenship at the time of the
filing of the certificate of candidacy. The mere filing of the certificate of candidacy is
not sufficient, because Sec. 5 (2) of R.A. 9225 categorically requires the individual to
state in clear and unequivocal terms that he is renouncing all foreign citizenship,
failing which he is disqualified from running for an elective office [Lopez v. Comelec,
G.R. No. 182701, July 23, 2008, reiterated in Jacot v. Del and Comelec, G.R. No.
179848, November 27, 2008].
Fugitives from justice in criminal and non-political case here and abroad.
A “fugitive from justice”, as defined by the Supreme Court in Marquez v.
Comelec, 243 SCRA 538, “includes not only those who flee after conviction to
avoid punishment, but likewise those who, after being charged, flee to avoid
prosecution”. Rodriguez cannot be considered a “fugitive from justice”, because
his arrival in the Philippines from the U.S. preceded the filing of the felony
complaint in the Los Angeles Court and the issuance of the arrest warrant by the
same foreign court, by almost five months [Rodriguez v. Comelec, G.R. No.
120099, July 24, 1996].
In Caasi v. Comelec, 191 SCRA 229, the Supreme Court said that
possession of a “green card” is ample evidence to show that the person is an
immigrant to, or a permanent resident of, the United States of America.
Additional grounds for disqualification [Sec. 68, B.P. 881], After having filed
a certificate of candidacy, the following shall be disqualified from continuing as
candidate, or if he has been elected, from holding the office:
One who has violated the provisions of Sec. 80 (campaign period), Sec. 83
(removal, destruction of lawful election propaganda), Sec. 85 (prohibited forms of
propaganda). Sec. 86 (regulation of propaganda through mass media). In Pangkat
Laguna v. Comelec, G.R. No. 148075, February 4, 2002, the Supreme Court held
that the acts of Laguna .Governor Lazaro in ordering the purchase of trophies,
basketballs, volleyballs, chessboard sets, and the distribution of medals and pins to
various schools, did not constitute a violation of Sec. 80 on premature campaigning.
Respondent Lazaro was not in any way directly or indirectly soliciting votes; she was
merely performing the duties and tasks imposed upon her by law, which duties she
had sworn to perform as Governor of Laguna.
offenses).
Certificate of Candidacy.
In Jurilla v. Comelec, G.R. No. 105435, June 2, 1994, it was held that the
omission by the candidate (for Councilor in Quezon City) to indicate in his certificate
of candidacy his precinct number and the particular barangay where he is a
registered voter, is not sufficient ground to disqualify the candidate, because the
Local Government Code does not require these data to be indicated in the certificate.
It is enough that he is a registered voter in the precinct where he intends to vote
which should be within the district where he is running for office. 3
political party dies, withdraws or is disqualified for any cause, only a person
belonging to and certified by the same political party may file a certificate of
candidacy for the office not later than mid-day of the day of the election [Sec. 77,
B.P. 881].
In Luna v. Comelec, G.R. No. 165983, April 24, 2007, Luna filed her
certificate of candidacy for the position of Vice-Mayor of Lagayan, Abra, as
substitute for Hans Roger who withdrew his COC. Private respondents
challenged the validity of the substitution, alleging that Hans Roger was only 20
years old and, therefore, disqualified to run for Vice Mayor; accordingly, he
cannot be substituted by Luna. The Supreme Court ruled that the substitution
was valid. When a candidate files his COC, the Comelec has only a ministerial
duty to receive and acknowledge its receipt pursuant to Sec. 76 of the Omnibus
Election Code. Since Hans withdrew his COC, and the Comelec found that Luna
complied with all the procedural requirements for a valid substitution, Luna could
validly substitute for Hans Roger.
There is nothing in Sec. 73, B.P. 881, which mandates that the affidavit
of withdrawal must be filed with the same office where the certificate of
candidacy to be withdrawn was filed. Thus, it can be filed directly with the main
office of the Comelec, the office of the regional election director concerned, the
office of the provincial election supervisor of the province to which the
municipality belongs, or the office of the municipal election officer of the
municipality. Accordingly, in this case, the Supreme Court held that there was
valid withdrawal by petitioner of her certificate of candidacy for Mayor of Baybay,
5
Leyte [Loreto-Go v. Comelec, G.R. No. 147741, May 10, 2001]..
Duty of the Comelec. Subject to its authority over nuisance candidates and
its power to deny due course to or cancel a certificate of candidacy under Sec.
78, B.P. 881, the Comelec shall have only the ministerial duty to receive and
acknowledge receipt of the certificates of candidacy [Sec. 76, B.P. 881],
As early as in Abcede v. Imperial, 103 Phil 136, the Supreme Court said
that the Commission has no discretion to give or not to give due course to a
certificate of candidacy filed in due form. While the Commission may look into
patent defects in the certificate, it may not go into matters not appearing on their
face.
Instances when the Comelec may go beyond the face of the certificate of
candidacy:
In Loong v. Comelec, 216 SCRA 760, it was held that the petition
for the cancellation of the certificate of candidacy of Loong for alleged
misrepresentation as to his age, filed by Ututalum beyond the 25-day period
from the last day for filing certificates of candidacy cannot be given due course.
Neither can it be treated as a quo warranto petition since there has been no
proclamation yet. The ruling in Frivaldo v. Comelec cannot be invoked, because
in the latter case, the ground for disqualification was citizenship. [As pointed out
by Justice Gutierrez in his concurring opinion, where the disqualification is based
on age, residence, or any of the other grounds for ineligibility, the prescriptive
period should be applied strictly.]
Effect of disqualification case. Any candidate who has been declared by final
judgment to be disqualified shall not be voted for, and the votes cast for him shall
not be counted. If for any reason a candidate is not declared by final judgment
before an election to be disqualified and he is voted for and receives the winning
number of votes in such election, the Court or Commission shall continue with
the trial and hearing of the action, inquiry or protest and, upon motion of the
complainant or any intervenor, may during the pendency thereof order the
suspension of the proclamation of such candidate whenever the evidence of his
guilt is strong [Sec. 6, R.A. 6646],
Note that the Comelec can suspend proclamation only when evidence of
the winning candidate’s guilt is strong [Codilla v. Comelec, supra.].
The use of the word “may” indicates that the suspension of the
proclamation is merely permissive. If the Comelec does not find any sufficient
ground to suspend proclamation, then a proclamation may be made [Grego v.
Comelec, 274 SCRA 481].
Where the decision of the Comelec disqualifying the candidate is not yet
final and executory on election day, the Board of Election Inspectors (BEI), in the
exercise of its ministerial duty, is under obligation to count and tally the votes
cast in favor of the candidate [Papandayan v. Comelec, G.R. No. 147909, April
16, 2002],
rule would have been different if the electorate, fully aware in fact and in law of a
candidate’s disqualification, so as to bring such awareness within the realm of
notoriety, would nonetheless cast their votes in favor of the ineligible candidate.
In such case, the electorate may be said to have waived the validity and efficacy
of their votes by notoriously misapplying their franchise or throwing away their
votes, in which case the eligible candidate obtaining the next highest number of
votes may be deemed elected. [Note that in this case, the Comelec resolution
disqualifying Labo had not yet become final on the day of the election.] This was
reiterated in Aquino v. Comelec, 248 SCRA 400, where the Supreme Court said
that if Aquino were disqualified before the elections, the votes for him, given the
acrimony which attended the campaign, would not have automatically gone to
second-placer Syjuco. The same rule was applied in Nolasco v. Comelec, 275
SCRA 762, Sunga v. Comelec, 288 SCRA 76, and Codilla v. Comelec, supra..
In Aznar v. Comelec, 185 SCRA 703, it was held that a petition for
disqualification cannot be treated as a petition for quo warranto as the former is
unquestionably premature.
In Marcos v. Comelec, 248 SCRA 300, it was held that Secs. 6 and 7, R.A.
6646, in relation to Sec. 78, B.P. 881, show that the Comelec does not lose
jurisdiction even with the lapse of the period provided in Sec. 78, B.P. 881. It is
settled doctrine that a statute requiring rendition of judgment within a specified
period is generally construed to be merely directory.
In Nolasco v. Comelec, 275 SCRA 762, it was held that by virtue of the
constitutional grant of plenary authority to the Comelec, it has jurisdiction over
proclamation and disqualification cases, and the Comelec may not be hamstrung
by its own procedure in Resolution No. 2050, even if the petition for
disqualification is filed after the election. These petitions for disqualification are
subject to summary hearing.
In this case, Henry Lanot, a candidate for Mayor of Pasig City, filed
a petition to disqualify opponent Vicente Eusebio for engaging in an election
campaign outside of the designated period by uttering defamatory statements
against Lanot, causing the publication of a press release predicting his victory,
installing billboards, streamers, posters and stickers printed with his surname in
Pasig City, addressing a large group of people during a medical mission
sponsored by the Pasig City government, and distributing shoes to
schoolchildren in Pasig public schools to induce their parents to vote for him. The
Court found that Eusebio filed his COC on December 29, 2003, and he allegedly
committed the acts before the start of the campaign period commencing on
March 24, 2004. Sec. 11 of RA 8436 moved the deadline for the filing of COCs
from March 23, 2004 to January 2, 2004, or 81 days earlier. Under Sec. 11, the
only purpose for the early filing of COCs is to give ample time for the printing of
official ballots. Congress never intended that the early filing of COCs is to make
the person immediately a candidate for purposes other than the printing of
ballots. This legislative intent prevents the immediate application of Sec. 80 to
those who file their COCs to meet the early deadline. The clear intention pf
Congress was to preserve the election period as fixed
by existing law prior to RA 8436, and one who files a COC within the early
deadline “will still not be considered as a candidate”. Accordingly, Eusebio
became a candidate only on March 23, 2004 for all purposes other than the
printing of ballots. Thus, his acts prior to March 23, 2004, even if constituting
election campaign or partisan political activity are not punishable under Sec. 80
[Lanot v. Comelec, supra.].
Public Rally. Any political party or candidate shall notify the election registrar
of any public rally said political party or candidate intends to organize and hold in
the city or municipality, and within seven working days thereafter submit to the
election registrar a statement of expenses incurred in connection therewith [Sec.
88, B.P. 881],
But this evil does not obtain in a plebiscite, because in a plebiscite the
electorate is asked to vote for or against issues, not candidates [Sanidad v.
Comelec, 181 SCRA 529].
Sec. 13, R.A. 7166 provides that for the 1992 synchronized elections, the
aggregate amount that a candidate or registered political party may spend for
election campaign shall be as follows:
For candidates: P10 for President and Vice President; and for other
candidates P3.00 for every voter currently registered in the constituency where
he filed his certificate of candidacy; Provided, that a candidate without any
political party and without support from any political party may be allowed to
spend P5.00 for every such voter; and
For political parties: P5.00 for every voter currently registered in the
constituency or constituencies where it has official candidates.
No person elected to any public office shall enter upon the duties of his
office until he has filed the statement of contributions and expenditures herein
required. The same prohibition shall apply if the political party that nominated the
winning candidate fails to file the statement required herein.
Except candidates for elective barangay office, failure to file the statements
or reports in connection with electoral contributions and expenditures as required
shall constitute an administrative offense for which the offenders shall be liable
to pay an administrative fine ranging from P1,000 to P30,000 in the discretion of
the Commission. The fine shall be paid within 30 days from receipt of notice of
such failure; otherwise, it shall be enforceable by a writ of execution issued by
the Commission against the properties of the offender. For the commission of a
second or subsequent offense the administrative fine shall range from P2.000 to
P60,000, in the discretion of the Commission. In addition, the offender shall be
subject to perpetual disqualification to hold public office.
In Pilar v. Comelec, 245 SCRA 759, the Supreme Court said that the
requirement to file the statement covers even those who withdrew as candidates
after having filed their certificates, because Sec. 14, R.A. 7166, does not make
any distinction.
Powers of the BEI: Conduct the voting and counting of votes in the polling place;
act as deputies of the COMELEC in supervision and control of the polling place;
maintain order within the polling place and its premises to keep access thereto open
and unobstructed and to enforce obedience to its lawful orders, and perform such
other functions as prescribed by the Code or by the rules of the Comelec.
Proceedings: Shall be public and held only in the polling place although the
counting of votes and preparation of the return may be done in the nearest safe
barangay or school building within the municipality by unanimous vote of the
board and concurred in by a majority of the watchers present, if there is imminent
danger of violence, terrorism, disorder or similar causes. The BEI shall act
through its Chairman, and shall decide without delay by majority vote all
questions which may arise in the performance of its duties.
Watchers. Each candidate and political party or coalition of political parties duly
registered with the Commission and fielding candidates in the May 11, 1998 elections
including those participating under the party-list system of representation, may
appoint two watchers, to serve alternately, in every polling place. However,
candidates for Sangguniang Panlalawigan, Sangguniang Panlungsod and
Sangguniang Bayan, belonging to the same ticket or slate shall collectively be
entitled to one watcher. Duly accredited citizens’ arms of the
Commission shall be entitled to appoint a watcher in every polling place. Other
civic, religious, professional, business, service, youth and any other similar
organizations, with prior authority from the Commission, shall be entitled
collectively to appoint one watcher in every polling place.
Rights and duties: Stay in the space reserved for them inside the polling
place; witness and inform themselves of the proceedings of the BEI; take notes,
photographs of proceedings; file protest against any irregularity or violation of
law; be furnished with a certificate of the number of votes cast for each
candidate, duly signed and thumbmarked by the members of the BEI.
Authentication of ballot. In every case, the chairman of the board shall, in the
presence of the voter, affix his signature at the back of the ballot before issuing it to
the voter. Failure to authenticate the ballot shall be noted in the Minutes of Voting
and Counting of Votes, and shall constitute an election offense.
There is nothing in the law that provides that a ballot which has not
been authenticated shall be deemed spurious. The law merely makes the
Chairman of the BEI accountable for such an omission [Libanan v. HRET, G.R.
No. 129783, December 22, 1997]. Thus, it was held in Punzalan v. Comelec,
289 SCRA 702, that the ballot is valid even if it is not signed at the back by the
Chairman of the BEI.
Challenge of illegal voter. Any voter or watcher may challenge any person
offering to vote for not being registered, for using the name of another, or for
suffering from existing disqualification. A challenge may likewise be made on the
ground that the challenged person has received or expects to receive, paid,
offered or promised to pay, contributed, offered or promised to contribute money
or anything of value as consideration for his vote or for the vote of another; made
or received a promise to influence the giving or withholding of any such vote; or
made a bet or is interested directly or indirectly in a bet which depends upon the
results of the election. The challenged voter shall take an oath before the BEI
that he has not committed any of the acts alleged in the challenge.
Manner of counting votes [Sec. 25, R.A. 7166]: In reading the individual
official ballots during the counting, the chairman, poll clerk and the third member
shall assume such positions as to provide the watchers and the members of the
public as may be conveniently accommodated in the polling place, unimpeded
view of the ballot being read by the chairman, of the election returns and the tally
board being simultaneously accomplished by the poll clerk and the third member
respectively, without touching any of these election documents. The table shall
be cleared of all unnecessary writing paraphernalia. Any violation of this
requirement shall constitute an election offense punishable under Secs. 263 and
264 of the Omnibus Election Code.
When two or more words are written on the same line on the ballot, all of
which are the surnames of two or more candidates, the same shall not be
counted for any of them, unless one is the surname of an incumbent who has
served for at least one year in which case it shall be counted in favor of the latter.
When on the ballot is written a single word which is the first name of a
candidate and which is at the same time the surname of his opponent, the vote
shall be counted in favor of the latter.
When two words are written on the ballot, one of which is the first name
of the candidate and the other is the surname of his opponent, the vote shall not
be counted for either.
Ballots which contain prefixes such as “Sr.”, “Mr.”, “Datu”, “Ginoo”, etc.,
shall be valid.
such vote, except when they were used as a means to identify the voter, in
which case, the whole ballot is invalid.
Where the name of the candidate is not written in the proper space in the
ballot but is preceded by the name of the office for which he* is a candidate, the
vote shall be considered valid for such candidate. In appreciating a ballot, the
object should be to ascertain and carry into effect the intention of the voter if it can
be determined with reasonable certainty. Thus, the name of the candidate
preceded by the words “Bo. Barangay” should be interpreted to mean “Po. (or
Punong) Barangay”, and should be counted for the candidate [Bautista v. Castro,
206 SCRA 305]. But where the name of the candidate is written seven times in
the ballot, it is clear that the same is intended to identify the ballot, and thus, the
vote should be invalidated [Bautista v. Castro, supra.].
In Villagracia v. Comelec, G.R. No. 168296, January 31, 2006, it was held
that a distinction must be made between marks that were apparently carelessly or
innocently made, which do not invalidate the ballot, and marks purposely placed
thereon by the voter with a view to possible future identification, which invalidates it.
In this case, the invalidated ballots are marked with the words
“Joker” (14 ballots), “Alas” (6 ballots), “Queen” (7 ballots), and “Kamatis” (7
ballots), all written in the number 7 slot of the list of Kagawad for Sangguniang
Barangay, and appearing only in ballots wherein the Punong Barangay voted for
was petitioner. Clearly, the marks indicate no other intention than to identify the
ballots; indubitably, these are marked ballots and were properly invalidated.
Election Return. The BEI shall prepare the election return simultaneously with
the counting of the votes in the polling place.
st
1 - to city or municipal board of canvassers;
nd
2 - to Congress, directed to the President of the Senate;
rd
3 - to the Commission on Elections;
th
4 - to the dominant majority party as determined by the
Commission;
th
5 - to the dominant minority party as determined by the
Commission;
6th - to the citizen’s arm authorized by the Commission to conduct an
unofficial count;
th
7 - deposited inside the compartment of the ballot box for valid
ballots.
However, in Garay v. Comelec, 261 SCRA 222, the Supreme Court held that
a Certificate of Votes can never be a valid basis for canvass; it can only be
evidence to prove tampering, alteration, falsification or any other anomaly
committed in the election returns concerned, when duly authenticated. A
Certificate of Votes does not constitute sufficient evidence of the true and
genuine results of the elections; only election returns are. In like manner, neither
is the tally board sufficient evidence of the real results of the election.
th
Prohibited relationship. Related within the 4 civil degree by consanguinity or
affinity to any of the candidates whose votes will be canvassed by the Board, or
to any member of the same Board.
Prohibition against leaving station. During the period beginning election day
until proclamation of winning candidates, no member of the Board shall be
transferred, assigned or detailed outside of his official station without the prior
authority of the Comelec.
Each certificate of canvass was executed, signed and thumbmarked by the chairman
and transmitted to Congress by them; (b) Each certificate of canvass contains the
names of all the candidates for President and Vice President and their corresponding
votes in words and in figures; and (c) There exists no discrepancy in other authentic
copies of the certificates of canvass or discrepancy in the votes of any candidate in
words and figures in the same certificate.
Cases:
Sec. 18.5 of R.A. 9189 (The Overseas Absentee Voting Act of
2003) , insofar as it grants sweeping authority to the Commission on Elections to
proclaim all winning candidates, is unconstitutional as it is repugnant to Sec. 4,
Art. VII of the Constitution, which vests in Congress the authority to proclaim the
winning Presidential and Vice-Presidential candidates [Makalintal v. Comelec,
supra.]
In Ruy Elias Lopez v. Senate of the Philippines, supra., it was held that
Congress may validly delegate the preliminary determination of the authenticity
and due execution of the certificates of canvass to a Joint Congressional
Committee constituted under the Rules adopted by the Joint Session of
Congress.
Pursuant to Sec. 30, R.A. 7166, the power to determine the authenticity and due
execution of the Certificates of Canvass (COCs) for Senators exclusively rests in the
Comelec, as National Board of Canvassers, not on the provincial board of
canvassers. Thus, the Special Provincial Board of Canvassers (SPBOC) validly
denied the repeated motions of Pimentel to question the Bedol Provincial Board of
Canvassers and the Municipal Board of Canvassers during its proceedings, because
allowing the same would be ultra vires. Furthermore, it would be tantamount to
allowing a pre-proclamation contest which is prohibited by Sec. 15, R.A. 7166
[Pimentel III v. Comelec, G.R. No. 178413, March 13, 2008].
The Comelec shall have direct control and supervision over the board of
canvassers.
A majority vote of all the members of the board shall be necessary to render
a decision [Sec. 225, B.P. 881],
Where it has been duly determined by the Comelec that actual voting and
election by the registered voters had taken place, the election returns cannot be
disregarded and excluded — with the corresponding disenfranchisement of voters
— but must be accorded prima facie status as bona fide reports of the result of the
voting for canvassing and proclamation purposes, x x x The summary nature of the
proceedings requires that the written objections (to the returns) be filed only during
this stage, because it is only at this time that the inclusion or exclusion of any return
is in issue; mere allegations of duress, coercion, fraud, cannot invalidate election
returns which are otherwise clean on their face. See Grand Alliance for Democracy v.
Comelec, 150 SCRA 665; Guiao v. Comelec, supra..
It shall be unlawful for any officer or member of the AFP, including the
National Police, or any peace officer or any armed or unarmed persons
belonging to an extra-legal police agency, special forces, reaction forces, strike
forces, home defense forces, barangay self-defense units, etc. to enter the room
where the canvassing of the election returns are held, and within a radius of 50
meters from such room [Sec. 232, B.P. 881],
The Comelec may order the annulment of the Certificate of Canvass which it
found to be tampered after examining the copies of the election returns of the
Municipal Judge and the Comelec — not the copy of the Municipal Board of
Canvassers — because all the copies of the election returns are original copies
although the copy of the Municipal Board of Canvassers is the original copy.
Sec. 15, R.A. 7166, does not specify that the Comelec shall use the copy of the
election return of the Municipal Board of Canvassers in correcting a manifest
error [Mastura v. Comelec, 285 SCRA 493],
of the true vote of the electorate unless all returns are considered and none is
omitted. When the municipal board of canvassers, in this case, disregarded the
five election returns, it in effect disenfranchised the voters of the excluded
precincts. The fact that a candidate illegally proclaimed has assumed office is not
a bar to the exercise by the Comelec of the authority to-annul any canvass and
proclamation illegally made. It is true that after proclamation, the remedy of a
party aggrieved in an election is an election protest. But this is on the assumption
that there has been a valid proclamation. Where a proclamation is null and void,
the proclaimed candidate’s assumption of office cannot deprive the Comelec of
the power to declare such a proclamation a nullity [Utto v. Comelec, G.R. No.
150111, January 31, 2002].
In Baterina v. Comelec, 205 SCRA 1, where what was filed was a petition to
restrain the canvass and proclamation, or to suspend the effects of any
proclamation, it was held that the petition was not the appeal referred to in Sec.
245 which will operate to bar the Provincial Board of Canvassers from making
any proclamation without authority from the Comelec.
Nolaw provides for a reglementary period within which to file a petition for
annulment of election if there is, as yet, no proclamation [Loong v. Comelec,
257 SCRA 1].
Manifest errors. Likewise, the Comelec may entertain petitions for the
correction of “manifest errors” in the Certificate of Canvass or in the election returns.
But to be “manifest”, the errors must appear on the face of the Certificates of
Canvass or election returns sought to be corrected, and objections thereto must have
been made before the Board of Canvassers and specifically noted in .the minutes of
their respective proceedings [Chavez v. Comelec, 211 SCRA 315].
A“manifest error” is one that is visible to the eye or obvious to the understanding;
that which is open, palpable, incontrovertible, needing no evidence to make it
more clear [O’Hara v. Comelec, G.R. Nos. 148941-42, March 12, 2002].
But where the resolution of the issues raised would require the
Comelec to “pierce the veil” of election returns that appear prima facie regular,
the remedy is a regular election protest [Sebastian v. Comelec, 327 SCRA 406
(2000)].
While the Comelec has merely appellate jurisdiction over election contests
involving municipal offices, it cannot be deprived of its exclusive jurisdiction over
pre-proclamation contests, indeed, it is immaterial if some of the grounds
adduced are grounds for an election contest rather than for a pre-proclamation
controversy [Olfato v. Comelec, 103 SCRA 741].
Sec. 233: When the election returns are delayed, lost or destroyed, the
Board may use any of the authentic copies of said election returns or a certified
copy issued by the Comelec. [Note: Notwithstanding the fact that not all the
returns have been received, the Board may terminate the canvass and proclaim
the winners on the basis of available returns if the missing election returns will
not affect the results of the election.]
Sec. 234: If some requisites, in form or data, had been omitted in the
election returns, the Board shall call for all the members of the BEI to complete
or correct the return. [Note: For this purpose, the Board may even order the
opening of the ballot box and recount the votes.]
Sec. 235: When the election returns submitted to the Board appear to be
tampered with, altered or falsified after they have left the hands of the BEI, or
otherwise not authentic, or prepared under duress, force, intimidation, etc., the Board
shall use the other copies of said returns x x x If the other copies are likewise
tampered with, etc., the Board or any candidate affected shall bring the matter to the
Comelec x x x The Comelec, after giving notice to all candidates concerned, and
after being satisfied that the integrity of the ballot box had been duly preserved, shall
order the opening of the ballot box and order the BEI to recount the votes of the
candidates affected, and to prepare a new election return.
[NOTE: While the duty of the Board of Canvassers is ministerial and, as a general
rule, it may not inquire into issues beyond the election return, the situations
contemplated in Secs. 234, 235 and 236 allow the Board of Canvassers to order the
opening of the ballot box and recount the votes of the candidates affected.]
Procedure. Read Secs. 244-245, B.R 881; Secs. 17-22, R.A. 7166.
Simultaneous with the oral objection, the objecting party shall also enter his
objection in the form for written objections to be prescribed by the Commission.
Within 24 hours from and after the presentation of such an objection, the objecting
party shall submit the evidence in support of the objection, which shall be attached to
the form for, written objections. Within the same period of 24 hours after presentation
of the objection any party may file a written and verified opposition to the objection in
the form also to be prescribed by the Commission, attaching thereto supporting
evidence if any. The board shall not entertain any objection or opposition unless
reduced to writing in the prescribed forms. The evidence attached to the objections
or opposition, submitted by the parties, shall be immediately and formally admitted
into the records of the board by the Chairman affixing his signature at the back of
each and every page thereof.
Upon receipt of the evidence, the board shall take up the contested
returns, consider the written objections thereto and opposition, if any, and
summarily and immediately rule thereon. The board shall enter its ruling on the
prescribed form and authenticate the same by the signatures of its members.
Any party adversely affected by the ruling of the board shall immediately
inform the board if he intends to appeal said ruling. The board shall enter said
information in the minutes of the canvass, set aside the returns and proceed to
consider the other returns.
After all the uncontested returns have been canvassed and the
contested returns ruled upon by it, the board shall suspend the canvass. Within
48 hours therefrom, any party adversely affected by the ruling may file with the
board a written and verified notice of appeal; and within an unextendible period
of 5 days thereafter, an appeal taken to the Commission.
Immediately upon receipt of the notice of appeal, the board shall make
an appropriate report to the Commission, elevating therewith the complete
records and evidence submitted in the canvass, and furnishing the parties with
copies of the report.
On the basis of the records and evidence elevated to it by the board, the
Commission shall decide summarily the appeal within 7 days from the receipt of
said records and evidence. Any appeal brought before the
Commission on the ruling of the board, without the accomplished forms and the
evidence appended thereto, shall be summarily dismissed. The decision of the
Commission shall be executory after the lapse of 7 days from receipt thereof by
the losing party.
Cases.
To expand the issues beyond those enumerated in Sec. 243 and allow
recount or re-appreciation where a claim of misdeclaration of stray votes is made
would open the floodgates to such claims and paralyze canvass and
proclamation proceedings, given the propensity of the loser to demand a
recount. The policy of the law is that a pre-proclamation controversy should be
summarily decided.
The ground for recount relied upon by Sanchez is clearly not among the
issues that may be raised in a pre-proclamation controversy. His allegation of
invalidation of “Sanchez” votes intended for him bears no relation to the
correctness and authenticity of the election returns canvassed.
In Patoray v. Comelec, 279 SCRA 470, it was held that where the objections
to the inclusion of the election returns are directed primarily at the ballots
reflected in the returns, the issue involves appreciation of ballots and cannot be
raised in a pre-proclamation controversy.
In Alfonso v. Comelec, G.R. No. 107847, June 2, 1994, after the Comelec
had ruled that the votes for Pedro Alfonso should not be credited to petitioner
Irma Alfonso (who substituted for her father, Pedro, because the latter died on
the eve of the election), the Comelec ordered the City Board of Canvassers to
re-canvass the election returns, without opening the ballot boxes, and proclaim
the winning candidates. On the denial by the Comelec of petitioner’s request that
the ballot boxes be opened and the votes counted, the Supreme Court held that
the Comelec did not commit grave abuse of discretion, because the prayer for
re-opening of ballot boxes is not a proper issue in a preproclamation controversy,
but should be threshed out in an election contest.
to raising the issue for the first time before the Comelec; the law is silent as to
when they may be raised. The Statement of Votes supports the certificate of
canvass and shall be the basis of proclamation. Consequently, any error in the
Statement of Votes would affect the proclamation made on the basis thereof, x x
x An election contest presupposes a valid proclamation. When the proclamation
is null and void, it is no proclamation at all, and the assumption of office by the
proclaimed candidate cannot deprive the Comelec of the power to declare such
nullity in an appropriate pre-proclamation controversy.
Thus, in Castromayor v. Comelec, 250 SCRA 298, the Supreme Court said
that any party dissatisfied with the ruling of the Board of Canvassers (after it was
ordered by the Comelec to reconvene and annul the proclamation of the petitioner)
shall have the right to appeal to the Comelec. Since the Statement of Votes which
was to be corrected by the Board forms the basis of the Certificate of Canvass and
the proclamation, petitioner begs the question by saying that this is not a pre-
proclamation controversy and the procedure for pre-proclamation controversies
cannot be applied to the correction in the computation of the total number of votes
obtained by the candidates in the Statement of Votes.
In Bince v. Comelec, 242 SCRA 273, it was held that the Comelec
cannot be faulted for subsequently annulling a proclamation on account of
a mathematical error committed by the Board of Canvassers in the
computation of votes received by both petitioner and private respondent.
What is sought by private respondent is the correction of manifest
mistakes in the mathematical addition or mere mechanical errors in the
addition of votes, and does not involve the opening of ballot boxes or the
examination or appreciation of ballots. While Sec. 7, Rule 27, Comelec
Rules of Procedure, provides that the petition for correction may be filed
at any time before proclamation, there is nothing to suggest that it cannot
be applied to cases like the one at bar in which the validity of the
proclamation is precisely in question [Castromayor v. Comelec, supra.].
Ututalum v. Comelec, 181 SCRA 335. The padding of the Registry List of Voters
of a municipality is not a listed ground for a pre-proclamation controversy.
Lazatin v. Comelec, 157 SCRA 337. Because the petitioner had already
been proclaimed (on orders of the Comelec), had taken his oath and had
assumed his duties as Member, House of Representatives, the issue of invalidity
of his proclamation and irregularities connected therewith, is a matter properly
addressed to the House of Representatives Electoral Tribunal (which is the sole
judge of all contests relating to election, returns and qualifications of Members of
the House of Representatives). See also Aquino v. Comelec, supra., where it
was held that assumption of jurisdiction by the House of Representatives
Electoral Tribunal (HRET) takes place only after the winning candidate has been
duly proclaimed and has taken the oath of office, because it is only then that he
is said to be a member of the House of Representatives.
Darantinao v. Comelec (June, 1989). The Comelec has the power to inquire
whether the members of the Board of Canvassers are qualified or not, and
whether or not an election had been held in a precinct, in order to determine the
integrity of the election returns.
Alangdeo v. Comelec (June 1989). The filing with the Comelec of a petition
to annul or to suspend proclamation shall suspend the running of the period to
file an election protest.
Casimiro v. Comelec, 171 SCRA 468. The affidavits of the watcher and the
petitioner (alleging duress, fraud, coercion or intimidation attendant to
preparation of election returns) are self-serving.
Appellate Jurisdiction.
From decisions of the Comelec, appeal shall be made through a Petition for
Review by Certiorari under Rule 65 of the Rules of Court, to be filed with the
Supreme Court within thirty (30) days from receipt of a copy of the decision, on the
ground of grave abuse of discretion tantamount to lack or excess of jurisdiction or
violation of due process. See Aratuc v. Comelec, 88 SCRA 251.
In Lazatin v. HRET, 168 SCRA 391, the Supreme Court said that for
purposes of election contests cognizable by the Electoral Tribunal, the HRET rules of
procedure shall prevail over the provisions of the Omnibus Election Code.
from sitting in judgment on a case before said tribunal, as his conscience may dictate.
Election Protest.
Quo Warranto
Election Protest.
Requisites:
Must be filed bv anv candidate who has filed a certificate of candidacy
and has been voted upon for the same office. Thus, in Tan v. Comelec (June
1898), it was held that the Gubernatorial candidate is not the proper party to
institute election protest regarding the election of the Vice Governor, Board
members and Municipal Mayors.
ia) Thus, in this case, the Court laid down the following guidelines:
[a] the ballots cannot be used to overturn the official count as reflected in the
election returns unless it is first shown affirmatively that the ballots have been
preserved with a care which precludes the opportunity of tampering and all
suspicion of change, abstraction or substitution; [b] the burden of proving that the
integrity of the ballots has been preserved in such a manner is on the protestant;
where a mode of preserving the ballots is enjoined by law, proof must be made
of such substantial compliance with the requirements of that mode as would
provide assurance that the ballots have been kept inviolate notwithstanding slight
deviations from the precise mode of achieving that end; [d] it is only when the
protestant has shown substantial compliance with the provisions of law on the
preservation of the ballots that the burden of proving actual tampering or the
likelihood thereof shifts to the protestee; and [e] only if it appears to the
satisfaction of the court or Comelec that the integrity of the ballots has been
preserve should it adopt the result as shown by the recount and not as reflected
in the election returns.
In Arao v. Comelec, 210 SCRA 290, it was held that the failure of
the protestant to raise the question of identical handwriting or of impugning the
validity of the ballots on that ground does not preclude the Comelec from
rejecting the ballots. Unlike an ordinary suit, an election protest is of utmost
public concern. The rights of the contending parties must yield to the far greater
interest of the citizens in upholding the sanctity of the ballot. Thus, the Comelec
simply cannot close its eyes to the illegality of the ballots, even if the protestant
omitted to raise the ground in his protest. In Erni v. Comelec, 243 SCRA 706, the
Court upheld the authority of the Comelec to determine whether ballots had been
written by two or more persons, or in groups written by only one hand, without
need of calling for the services of handwriting experts, this investigation being
more in the nature of an internal process.
Where the Comelec had, in previous cases, ruled that the venue for the
revision of ballots shall be in Manila, it is grave abuse of discretion for the
Comelec to deny petitioner’s request for the revision of ballots to be held in
Manila on the pretext that there is not enough storage space to contain the ballot
boxes; such inconsistent action tends to denigrate public trust in the objectivity
and dependability of the Comelec [Cabagnot v. Comelec, 260 SCRA 503].
Within ten (101 davs from proclamation of the results of the election.
Payment of Docket Fee. A protestant has to pay a docket fee of P300 and
an additional docket fee if there is a claim for damages. For failure
While it is true that the court acquires jurisdiction over a case only upon
complete payment of the prescribed fees, the rule admits of exceptions, as when
the party never raised the issue of jurisdiction of the trial court [Tijam v.
Sibonghanoy, supra.]. In Villagracia v. Comelec, G.R. No. 168296, January 31,
2006, in an election protest involving barangay elective office, the petitioner
raised the issue that the court had no jurisdiction because of the failure of the
other party to pay the correct filing fees for the first time on appeal before the
Comelec. The Supreme Court held that the petitioner participated in the
proceedings and voluntarily submitted to the jurisdiction of the trial court. It was
only after the trial court issued its decision adverse to him that the petitioner
raised the issue of jurisdiction, for the first time on appeal with the Comelec.
In Poe v. Gloria Macapagal-Arroyo, PET Case No. 002, March 29, 2005,
the Supreme Court said that if persons not real parties in the action could be
allowed to intervene, proceedings will be unnecessarily complicated, expensive
and interminable — and this is not the policy of the law. Inasmuch as no real
parties such as the vice-presidential aspirants in the 2004 elections have come
forward to intervene, or to be substituted for the deceased protestant, it is far
more prudent to abide by the existing and strict limitations on intervention and
substitution under the law and the rules.
C. Quo Warranto.
Requisites:
2. Cases; ,
In Sampayan v. Daza, 213 SCRA 807, the petition for prohibition filed with
the Supreme Court by residents of Northern Samar against Congressman Daza for
the latter being allegedly a green card holder and a permanent resident of the U.S.,
was dismissed on the following grounds: [i] the case has become moot and
academic, because Daza’s term was to end June 30, 1992; [ii] the Supreme
Court is without jurisdiction, the House of Representatives Electoral Tribunal
being the proper forum, as the latter is the sole judge of all contests relating to
the election, returns and qualifications of members of the House of
Representatives; and [iii] as a de facto officer, Daza cannot be made to
reimburse funds disbursed during his term of office, because his acts are valid.
In Frivaldo v. Comelec, 174 SCRA 245, the Court held that considering
that the copy of Frivaldo’s certificate of naturalization in the U.S. was obtained
only in September, 1988, the petition for disqualification may still be considered
as having been seasonably filed even if filed more than seven months from the
proclamation. Relate this to Loong v. Comelec, 216 SCRA 760.
the second highest number of votes) as having been elected. See Labo v.
Comelec, 176 SCRA 1;Abella v. Comelec, 201 SCRA 253; Ortega v. Comelec,
211 SCRA 297; Sunga v. Comelec, 288 SCRA 76..
Execution pending appeal. The trial court may grant a motion for execution pending
appeal, because the mere filing of an appeal does not divest the trial court of its
jurisdiction over a case and to resolve pending incidents. Since the court had
jurisdiction to act on the motion (for execution pending appeal) at the time it was filed,
that jurisdiction continued until the matter was resolved, and was not lost by the
subsequent action of the opposing party [Edding v. Comelec, 246 SCRA 502],
appeal when there are valid and special reasons to grant the same, such as (a) the
public interest involved or the will of the electorate; (b) the shortness of the remaining
portion of the term; or (c) the length of time that the election contest has been
pending. Earlier, in Gutierrez v. Comelec, 270 SCRA 413, and in Ramas v. Comelec,
286 SCRA 189, the Supreme Court ruled that the fact that only a short period is left of
the term of office is a good ground for execution pending appeal.
The motion for execution pending appeal must be filed before the expiration
of the period for appeal [Relampagos v. Cumba, 243 SCRA 690]. In Asmala v.
Comelec, 289 SCRA 746, the Supreme Court said that the parties had five days
from service of judgment within which to appeal, and although the respondent
had filed his appeal on time, the appeal was deemed perfected as to him only.
This did not deprive the petitioner of the right to avail himself of the five-day
period to appeal, if he so desired. Accordingly, during this five- day period, the
petitioner may file a motion for execution pending appeal. This ruling was
reiterated in Zacate v. Comeelc, G.R. No. 144678, March 1, 2001.
When the appeal from a decision in an election case has already become
moot, the case being an election protest involving the office of mayor
the term of which has already expired, the appeal is dismissible on that ground,
unless a decision on the merits would be of practical value. In the case at bench,
the petition appears to be moot and academic because the parties are contesting
an election post to which their right to the office no longer exists; however, the
question as to damages remains ripe for adjudication [Malaluan v. Comelec, 254
SCRA 397], But the award of damages was reversed by the Supreme Court,
saying that the criterion for a justifiable award of election protest expenses and
salaries and emoluments remains to be the existence of pertinent breach of
obligations arising from contracts or quasi-contracts, tortious acts or crimes or a
specific legal provision authorizing the money claim in the context of election
cases. If any damage had been suffered by private respondent due to the
execution of judgment pending appeal, that damage may be said to be
equivalent to damnum absque injuria.
G. Interpretation of certain words and phrases. See Javier v. Comelec, 144 SCRA
194. '
Contest: any matter involving the title or claim of title to an elective office,
made before or after proclamation of the winner, whether or not the contestant is
claiming the office in dispute.
Election: refers to the conduct of the polls, including the listing of voters, the
holding of the electoral campaign, and the casting and counting of votes.
Returns: shall include the canvass of the returns and the proclamation of the
winners, together with questions concerning the composition of the Board of
5
Canvassers and the authenticity of elections returns.
Wagering upon the result of the election. Any money or thing of value
put up as a bet or wager shall be forfeited to the Government.
Trial and decision. The Regional Trial Court has exclusive original jurisdiction to
try and decide any criminal actions or proceedings for violation of election laws. The
metropolitan or municipal trial court, by way of exception, exercises jurisdiction only
over offenses relating to failure to register or to vote. It is the special intention of the
Omnibus Election Code to vest in the regional trial court jurisdiction over election
offenses as a matter of exception to the general provisions on jurisdiction over
criminal cases found under B.P 129, as amended (even by R.A. 7691) [Naldoza v.
Lavilles, 254 SCRA 286]. This ruling is reiterated in Comelec v. Noynay, 292 SCRA
254, calling attention to Sec. 268, BP 881.
The courts shall likewise give preference to election offenses over all other
cases, except petitions for a writ of habeas corpus. Cases shall be decided
within thirty (30) days from submission.
Prescription period for election offenses. Five (5) years from date of
commission.