Election laws

BarOps Head I PY Caunan

Acads Head I Beth Liceralde

Subject Head I Bodee Tandog

 UTABLE OF CONTENTS
I. GENERAL PRINCIPLES ................................................................................................................................1
SOURCES OF PHILIPPINE ELECTION LAW ............................................................................................................................................................................. 1
THEORY OF POPULAR SOVEREIGNTY ................................................................................................................................................................................. 1
SUFFRAGE DEFINED ....................................................................................................................................................................................................... 1
SCOPE OF SUFFRAGE ..................................................................................................................................................................................................... 1
WHO CAN EXERCISE........................................................................................................................................................................................................ 2
DISQUALIFICATIONS........................................................................................................................................................................................................ 3

II. THE COMELEC ..........................................................................................................................................3

PURPOSE .................................................................................................................................................................................................................... 3
COMPOSITION ............................................................................................................................................................................................................... 3
POWERS AND FUNCTIONS ................................................................................................................................................................................................ 3
QUASI-JUDICIAL POWERS ................................................................................................................................................................................................ 5

III. ELECTIONS IN GENERAL ...........................................................................................................................6

KINDS OF ELECTIONS ..................................................................................................................................................................................................... 6
DATE OF ELECTION UNDER THE LAW ................................................................................................................................................................................. 6
TIME AND PLACE FOR HOLDING ELECTIONS ........................................................................................................................................................................ 6
MANNER OF HOLDING ELECTIONS ..................................................................................................................................................................................... 6

IV. PRE-ELECTION REQUIREMENTS .................................................................................................................7

PRECINCTS AND POLLING PLACES .................................................................................................................................................................................... 7
OFFICIAL BALLOTS, ELECTION RETURNS ............................................................................................................................................................................ 7
& BALLOT BOXES ......................................................................................................................................................................................................... 7
REGISTRATION OF VOTERS .............................................................................................................................................................................................. 8
REGISTRATION OF POLITICAL PARTIES ............................................................................................................................................................................. 11
REGISTRATION FOR PARTY-LIST ..................................................................................................................................................................................... 12
ACCREDITATION OF A CITIZENS' ARM .............................................................................................................................................................................. 14
CERTIFICATES OF CANDIDACY......................................................................................................................................................................................... 15

V. ELECTION CAMPAIGN & EXPENDITURES ....................................................................................................19

ELECTION CAMPAIGN.................................................................................................................................................................................................... 19
ELECTION CONTRIBUTIONS & EXPENDITURES .................................................................................................................................................................... 22

VI. THE ELECTION PROPER ..........................................................................................................................25

IN GENERAL ............................................................................................................................................................................................................... 25
CASTING OF VOTES ..................................................................................................................................................................................................... 26
COUNTING OF VOTES ................................................................................................................................................................................................... 30
CANVASS ................................................................................................................................................................................................................... 34
PROCLAMATION .......................................................................................................................................................................................................... 39

VII. MODES OF CHALLENGING CANDIDACY & ELECTION RESULTS ......................................................................40

NUISANCE CANDIDATES & ............................................................................................................................................................................................. 40
CANCELLATION OF CERTIFICATE OF CANDIDACY ................................................................................................................................................................. 40
PRE-PROCLAMATION CONTROVERSIES ............................................................................................................................................................................. 41
PETITION TO ANNUL OR SUSPEND PROCLAMATION ............................................................................................................................................................ 44
DECLARATION OF FAILURE OF ELECTION ......................................................................................................................................................................... 45
DISQUALIFICATION CASES .............................................................................................................................................................................................. 45
ELECTION CONTESTS.................................................................................................................................................................................................... 47
EVIDENCE ON THE ELECTION ........................................................................................................................................................................................ 50

VIII. ELECTION OFFENSES ...........................................................................................................................50

JURISDICTION OVER ELECTION OFFENSES ......................................................................................................................................................................... 50
PROSECUTION OF ELECTION OFFENSES ........................................................................................................................................................................... 50
PREFERENTIAL DISPOSITION OF ELECTION OFFENSES ........................................................................................................................................................ 50
ELECTION OFFENSES ................................................................................................................................................................................................... 50
GOOD FAITH NOT A DEFENSE........................................................................................................................................................................................ 52
PENALTIES................................................................................................................................................................................................................. 52
ARRESTS IN CONNECTION WITH THE ELECTION CAMPAIGN ................................................................................................................................................... 52
PRESCRIPTION ............................................................................................................................................................................................................ 52

IX. SPECIAL LAWS ......................................................................................................................................53

RA 7941 – PARTY-LIST SYSTEM ACT ............................................................................................................................................................................ 53
I. General Principles
I. GENERAL PRINCIPLES
Sources of Philippine election law
The election laws of the Philippines are
contained in the following:
• 1987 Constitution
• BP 881 (Omnibus Election Code)
• RA 6646 (Electoral Reforms Law of 1987)
• RA 6679 (Barangay Elections)
• RA 6735 (Law Providing for Initiative and
Referendum)
• RA 7166 (1991 Synchronized Elections Law)
• RA 7941 (Election of Party-List
Representatives)
• RA 8189 (Continuing Registration)
• RA 8436 (Automated Election System)
• RA 8524
• RA 9006 (Fair Election Act of 2001)
Theory Of Popular Sovereignty
1987 Constitution Art. II Sec. 1
The Philippines is a democratic and republican
state. Sovereignty resides in the people and all
government authority emanates from them.
• A democratic and republican government
derives all its powers, directly or indirectly,
from the people at large. Its essence is
indirect rule. Actual sovereignty is exercised
by the people by means of suffrage.
Suffrage Defined
Suffrage is the right and obligation of qualified
citizens to vote:
1. in the election of certain national and local
officials, and
2. in the decision of public questions submitted to
the people.
It is a political right which enables every citizen
to participate in the process of government to
assure that it derives it powers from the consent of
the governed. It operates on the principle of "one
man (or one woman), one vote."
Suffrage is not a natural right but a privilege
which may be given or withheld by the lawmaking
power subject to constitutional limitations. It is not
necessarily an accompaniment of citizenship; it is
granted only upon the fulfillment of certain
minimum conditions.
Scope Of Suffrage
Suffrage encompasses the following:
1. ELECTION
Election is the means by which the people
choose their officials for definite periods and to
whom they entrust, for the time being as their
representatives, the exercise of powers of
government. It involves the choice of candidates to
UP LAW BAROPS 2007
1 of 56
Election Laws
public office by popular vote.
a. Regular election – refers to an election
participated in by those who possess the
right of suffrage and not disqualified by law
and who are registered voters
b. Special election – when there is failure of
election on the scheduled date of regular
election in a particular place or which is
conducted to fill up certain vacancies, as
provided by law (ex. To fill in vacancy in
office before the expiration of the term for
which incumbent was elected)
2. PLEBISCITE
Plebiscite is the submission of constitutional
amendments or important legislative measures to
the people for ratification.
3. REFERENDUM
Referendum is the power of the electorate to
approve or reject legislation through an election
called for the purpose. (Sec. 2c, R.A. 6735)
It may be of 2 classes, namely:
1. Referendum on statutes, which refers to a
petition to approve or reject an act or law, or
part thereof, passed by Congress; and
2. Referendum on local law which refers to a
petition to approve or reject a law, resolution or
ordinance enacted by regional assemblies and
local legislative bodies
4. INITIATIVE
Initiative is the power of the people to
propose amendments to the Constitution or to
propose and enact legislation through an election
called for the purpose. (Sec. 2a, R.A. 6735)
There are 3 systems of initiative, namely:
1. Initiative on the Constitution which refers to a
petition proposing amendments to the
Constitution;
2. Initiative on statutes, which refers to a petition
proposing to enact a national legislation;
3. Initiative on local legislation which refers to a
petition proposing to enact a regional,
provincial, city, municipal or barangay law,
resolution or ordinance
Note: In the case of Santiago v. COMELEC, the
Supreme Court held that there is no law yet that is
sufficient enough for proposing amendments to the
Constitution. R.A. 6735 was deemed sufficient for
statutory amendments but not Constitutional
amendments.
5. RECALL
Recall is the termination of official relationship
of a local elective official for loss of confidence prior
to the expiration of his term through the will of the
electorate.
ONE UP LAW
I. General Principles
Who can exercise
Under Art. V, Sec. 1 of the 1987 Constitution,
the right of suffrage may be exercised by all
citizens of the Philippines who are:
1. not otherwise disqualified by law,
2. at least 18 years of age, and
3. have resided in the Philippines for at least 1
year, and in the place wherein they propose to
vote for at least 6 months immediately
preceding the election.
The same provision provides that no literacy,
property or other substantive requirement shall be
imposed on the exercise of suffrage, and that
Congress may not add or alter the qualifications of
voters under Art. V, Sec. 1 of the 1987
Constitution. This specification is an implied
prohibition against interference on the part of
Congress in the right of suffrage.
Congress, however, to a limited extent can
regulate the right of suffrage by:
• Defining the qualifications of voters
• Regulating elections
• Prescribing the form of official ballot
• Providing for the manner of choosing
candidates and the names to be printed on
the ballot
• Regulating the manner of conducting elections
• Suppressing whatever evils incident to the
election of public officers, pursuant to its duty
to secure the secrecy and sanctity of the
ballots under Art. V, Sec. 2 of the 1987
Constitution.
WHAT ARE THE SUBSTANTIVE REQUIREMENTS FOR
THE EXERCISE OF SUFFRAGE
The only substantive requirements to exercise
the right to vote are: (CARA)
1. Citizenship
2. Age
3. Residency
4. Absence of disqualifications
Filipino citizenship
This may be by birth or naturalization.
Age
Must be at least 18 at the time of the election
Residence
For the purposes of election law, residence is
synonymous with domicile. Art. 50 of the Civil Code
provides that “for the existence of civil rights and
the fulfillment of civil obligations, the domicile of
natural persons is the place of their habitual
residence.” Domicile includes the twin elements of
“the fact of residing or physical presence in a fixed
place” and animus manendi, or the intention of
returning there permanently. (Romualdez-Marcos
v. COMELEC)
Every person is deemed to have his domicile
somewhere, and when it has been acquired, it will
be deemed to continue until a new one has been
acquired. Temporary absences although frequent
or long continued, will not, while the person has a
continuous intention to return, deprive him of his
UP LAW BAROPS 2007
2 of 56
Election Laws
domicile and right to vote.
Any person who temporarily resides in
another city, municipality or country solely by
reason of his occupation, profession, employment
in private or public service, educational activities,
work in the military or naval reservations within
the Philippines, service in the AFP, the PNP, or
confinement or detention in government
institutions in accordance with law, shall not be
deemed to have lost his original residence. (Sec. 9,
R.A. 8189)
It is not necessary that a person should have
a house in order to establish his residence or
domicile in a municipality. It is enough that he
should live there, provided that his stay is
accompanied by his intention to reside therein
permanently.
Literacy requirements
The Constitution imposes no literacy
requirements; hence illiterates have the right to
vote.
Property requirements
Neither does the Constitution impose any
property requirement since property ownership is
not a test of individual capacity. A property
requirement is not only inconsistent with the
concept of a republican government, but with the
social justice principle of equal opportunity as well.
Formal education
Formal education is no guarantee for good
citizenship or intelligent voting.
Sex
There is no adequate or justifiable basis for
depriving women of equal voting rights.
Taxpaying Ability
This is related to property requirement.
Romualdez-Marcos v. COMELEC (248 SCRA
300)
It is the fact of residence, not a statement in
the certificate of candidacy which ought to be
decisive in determining whether or not an
individual has satisfied the Constitution’s residency
qualification requirement.
To successfully effect a change of domicile,
one must demonstrate: (1) an actual removal or an
actual change of domicile; (2) a bona fide intention
of abandoning the former place of residence and
establishing a new one; and, (3) acts which
correspond with the purpose.
Aquino v. COMELEC (248 SCRA 400)
The place where a party actually or
constructively has his permanent home, where he,
no matter where he may be found at nay given
time, eventually intends to return and remain, i.e.,
his domicile, is that to which the Constitution refers
when it speaks of residence for the purpose of
election law. The purpose is to exclude strangers or
newcomers unfamiliar with the conditions and
needs of the community from taking advantage of
favorable circumstances existing in that community
ONE UP LAW
I. General Principles
for electoral gain.
Disqualifications
1. Persons sentenced by final judgment to suffer
imprisonment for not less than one (1) year.
Note: He / she shall automatically re-acquire
the right to vote upon the expiration of 5 years
after the service of sentence.
2. Persons adjudged by final judgment of having
committed any crime involving disloyalty to the
duly constituted government (e.g. rebellion,
sedition, violation of the firearms law) or any
crime against national security.
Note: He / she shall automatically re-acquire
the right to vote upon the expiration of 5 years
after the service of sentence.
3. Insane or incompetent persons as declared by
competent authority.
UP LAW BAROPS 2007
3 of 56
Election Laws
II. THE COMELEC
Purpose
The purpose of the COMELEC is to protect the
sanctity of the ballot and to ensure the free and
honest express of the popular will.
To achieve this, the COMELEC was created as
an independent administrative tribunal, co-equal
with the other departments with respect to the
powers vested in it, and not under any of the
branches of Government. The intention is to place
it outside the influence of political parties and the
control of the legislative, executive, and judicial
organs of the government.
To preserve the independence of the
COMELEC, appointments or designations in
temporary or acting capacities are not allowed.
Composition
1. 1 chairman
2. 6 commissioners
Qualifications:
• Natural born citizens
• At least 35 years old
• Holders of a college degree
• Must not have been candidates for any
elective position in the immediately preceding
elections
• Majority of the members, including the
chairman, should be members of the Bar who
have been engaged in the practice of law for
at least 10 years.
The chairman and the commissioners are to
be appointed by the President with the consent of
the Commission on Appointments.
The Commissioners serve for 7 years without
reappointment, under staggered terms of 2 years
interval: of 3 commissioners first appointed, 3 shall
hold office for 7 years, 2 for 5 years, and the rest
for 3 years.
The staggering of terms makes the COMELEC
a continuing and self-perpetuating body, and
consequently its members would have the benefit
of the experience and expertise of the older
members in the performance of its functions.
The COMELEC Commissioners are subject to
the same disabilities imposed on the President and
the Vice-President, including the prohibition against
holding any other office or engaging in any other
profession or business.
Powers and functions
The powers and functions of the COMELEC
may be classified as follows:
ONE UP LAW
II. The COMELEC
1. ENFORCEMENT AND ADMINISTRATION OF
ELECTION LAWS AND REGULATIONS
(Art. IX-C, Sec. 2 (1), 1987 Constitution)
• Promulgation of rules and regulations (Art. IX-
C, Sec. 6; BP 881, Sec. 52b)
• Fixing of election period (which shall
commence 90 days before the election and
end 30 days thereafter, unless otherwise fixed
by the COMELEC in special cases; Art. IX-C,
Sec. 6, 1987 Constitution)
• Fixing of other reasonable periods for certain
pre-election requirements (BP 881, Sec. 52m)
• Declaration of failure or postponement of
elections, as well as call for special elections
(Sec. 4, RA 7166)
• Prescribe forms, as well as use or adoption of
latest technological and electronic devices (BP
881, Sec. 52 g, i)
• Annulment or cancellation of illegal registry
lists of voters and ordering the preparation of
a new one;
• Cancellation of the canvass of election returns
and annulment of a proclamation based on
incomplete results.
Note, however, that the COMELEC does not
have the power to annul an election which
may not have been free, orderly, and honest
as such power is merely preventive and not
curative.
2. QUASI-JUDICIAL POWERS
The COMELEC has exclusive original
jurisdiction over all contests relating to the
election, returns and qualifications of all elective,
regional, provincial and city officials.
The COMELEC has exclusive appellate
jurisdiction over all contests involving municipal
officials decided by the RTC, or involving elective
barangay officials decided by the MTC. In these
cases, the decisions therein shall be final,
executory and unappealable. (Art. IX-C, Sec. 2 (2),
1987 Constitution)
Pursuant to its quasi-judicial powers, the
COMELEC has the power:
• To issue subpoena;
• To take testimony;
• Of contempt
Note, however, that the COMELEC's power to
punish for contempt may be exercised ONLY
in the exercise of its quasi-judicial functions.
The COMELEC has no power to hold a person
in contempt in the exercise of its
administrative functions (e.g. reporter
criticizes a contract with COMELEC for
supplies, or a person fails to follow the
procedure for the distribution of ballot boxes
• To issue warrants of arrest;
• Of certiorari, prohibition and mandamus
Note: But only in exercise of its appellate
jurisdiction; Relampagos v. Cumba
UP LAW BAROPS 2007
4 of 56
Election Laws
3. DECIDE ALL QUESTIONS AFFECTING
ELECTIONS
(Art. IX-C, Sec. 2 (3), 1987 Constitution)
The power of the COMELEC to decide all
questions affecting elections pertains to the
following:
1. determination of the number and location of
polling places
2. appointment of election officials and inspectors
3. registration of voters
However, the COMELEC has NO jurisdiction
over questions involving the right to vote (i.e.
disqualifications of voters, right of a person to be
registered, etc.), as these rest within the exclusive
original jurisdiction of the MTC, appealable to the
RTC.
4. DEPUTIZE, WITH THE CONCURRENCE OF
THE PRESIDENT, LAW ENFORCEMENT
AGENCIES AND INSTRUMENTALITIES OF THE
GOVERNMENT FOR THE EXCLUSIVE PURPOSE
OF ENSURING FREE, ORDERLY, HONEST,
PEACEFUL AND CREDIBLE ELECTIONS
(Art. IX-C, Sec. 2(4), 1987 Constitution)
• CMT cadets 18 yrs. of age and above may be
authorized to act as the COMELEC's deputies
for the purpose of enforcing its orders (Sec.
52a, BP 881)
• The COMELEC may deputize any member or
members of the AFP, NBI, PNP or any similar
agency or instrumentality of the government
(except civilian home defense forces) during
the period of the campaign and ending 30
days thereafter, when in any area of the
country there are persons committing acts of
terrorism to influence people to vote for or
against any candidate or political party. (Sec.
52b, BP 881)
5. REGISTER POLITICAL PARTIES, ETC.
(Art. IX-C, Sec. 2 (5), 1987 Constitution)
6. ACCREDIT CITIZENS' ARMS
(Art. IX-C, Sec. 2 (5), 1987 Constitution)
7. INVESTIGATION AND PROSECUTION OF
CASES OF VIOLATION OF ELECTION LAWS
(Art. IX-C, Sec. 2 (5), 1987 Constitution)
The COMELEC has the power of a public
prosecutor with the exclusive authority to conduct
the preliminary investigation and the prosecution of
election offenses punishable under the election law.
The power may be exercised upon complaint
or motu propio.
The Ombudsman has NO jurisdiction to
prosecute election offenses. He may do so only if
he is deputized by the COMELEC.
8. FILING OF PETITIONS IN COURT FOR
INCLUSION OR EXCLUSION OF VOTERS
(Art. IX-C, Sec. 2 (6), 1987 Constitution)
ONE UP LAW
II. The COMELEC
9. RECOMMENDATORY
TO CONGRESS
• effective measures to minimize election
spending, including limitation of places where
propaganda materials shall be posted, and to
prevent and penalize all forms of election
frauds, offenses, malpractices, and nuisance
candidates. (Art. IX-C, Sec. 2 (7),1987
Constitution)
TO THE PRESIDENT
• for removal of any officer or employee it has
deputized (Sec. 52a, BP 881);
• for imposition of disciplinary action for
violation or disregard of, or disobedience to its
directive, order, or decision (Art. IX-C, Sec. 2
(8), 1987 Constitution);
• for pardon, amnesty, parole, suspension of
sentence for violation of election laws, rules
and regulations (Art. IX-C, Sec. 5 1987
Constitution)
Note: This is to prevent the possibility of the
President granting executive clemency for
political reasons.
10. SUPERVISION / REGULATION, FOR THE
DURATION OF THE ELECTION PERIOD, OF USE
OF ALL FRANCHISES OR PERMITS FOR
OPERATION OF:
(Art. IX-C, Sec. 4, 1987 Constitution)
TRANSPORTATION AND OTHER PUBLIC UTILITIES
MEDIA OF COMMUNICATION OR INFORMATION
ALL GRANTS, SPECIAL PRIVILEGES, OR
CONCESSIONS GRANTED BY THE GOVERNMENT OR
ANY INSTRUMENTALITY THEREOF
The purpose of supervision and regulation is to
guarantee or ensure equal opportunity for public
service and the equitable right to reply, for public
information campaigns and fora among candidates,
and assure free, orderly, honest, peaceful and
credible elections. (Sec. 2, R.A. 9006)
No franchise or permit to operate a radio or
television station shall be granted or issued,
suspended or cancelled during the election period.
(Sec. 6.4, R.A. 9006)
COMELEC is mandated under Sec. 7 of R.A.
9006 to exercise affirmative action in procuring
print space upon payment of just compensation
from at least 3 national circulation, and free airtime
from at least 3 national TV networks and 3 national
radio networks, all of which are to be allocated free
of charge equally and impartially among all the
candidates for national office on 3 different
calendar days.
Quasi-Judicial Powers
JURISDICTION
The COMELEC has exclusive original
jurisdiction over all contests relating to the
election, returns and qualifications of all elective,
regional, provincial and city officials.
UP LAW BAROPS 2007
5 of 56
Election Laws
The COMELEC has exclusive appellate
jurisdiction over all contests involving municipal
officials decided by the RTC, or involving elective
barangay officials decided by the MTC. In these
cases, the decisions therein shall be final,
executory and unappealable. (Art. IX-C, Sec. 2 (2),
1987 Constitution)
RENDITION OF DECISION
COMPOSITION; EN BANC AND DIVISION CASES
The COMELEC may sit en banc or in 2
divisions.
As a general rule, election cases shall be
heard and decided in division.
Decisions that must be rendered by the
COMELEC en banc include:
• Decisions on motions for reconsideration (Art.
IX-C, Sec. 3, 1987 Constitution);
• Petitions for correction of manifest errors in
the Statement of Votes (Sec. 5, Rule 27 of the
1993 Rules of the COMELEC);
• Questions pertaining to proceedings of the
Board of Canvassers (Mastura v. COMELEC,
285 SCRA 493)
• Postponement of election (Sec. 4, R.A. 7166)
• Declaration of failure of election (Sec. 4, R.A.
7166)
• Calling of special elections (Sec. 4, R.A. 7166)
TIME PERIOD AND VOTES REQUIRED
The COMELEC shall decide by a majority vote
of all its members any case or matter brought
before it within 60 days from the date of its
submission for decision or resolution. (Art. IX-A,
Sec. 7 1987 Constitution)
JUDICIAL REVIEW
Unless otherwise provided by the Constitution
or by law, any decision, order or ruling of each
Commission may be brought to the Supreme Court
on certiorari by the aggrieved party within 30 days
from receipt of a copy thereof. (Art. IX-A, Sec. 7,
1987 Constitution)
What is contemplated in this provision are
decisions, orders or resolutions rendered by the
COMELEC in the exercise of its adjudicatory or
quasi-judicial powers not those which are mere
incidents of its inherent administrative functions
over the conduct of elections. Questions arising
from the latter may be taken in an ordinary civil
action before the RTC.
By certiorari, a party raises questions of law in
the Supreme Court. Findings of fact made by the
COMELEC are conclusive upon the Supreme Court.
The Supreme Court has no power of
supervision over the COMELEC except to review its
decisions on petitions by certiorari. The certiorari
jurisdiction of the Supreme Court is confined to
instances of grave abuse of discretion amounting to
patent and substantial denial of due process
committed by it in the exercise of its quasi-judicial
powers.
ONE UP LAW
III. Elections in General Election Laws
the undoubted will of the people clearly expressed.
III. ELECTIONS IN GENERAL (C.J. Simpson)

Kinds of elections Regulations prescribed are merely directory,

and a failure to observe them fully will not
invalidate the election, where an election has been
GENERAL ELECTION
held in good faith and irregularities do not affect
the result.
It is one provided for by law for the election to
offices throughout the State or a certain
Where a special election is provided for, but
subdivision thereof, after the expiration of the full
no method of holding it is declared, it will be
term of former officers.
sufficient if it is held in the manner prescribed for
the holding of general elections.
SPECIAL ELECTION

It is one provided for by law under special

circumstances.

It is an election held to fill a vacancy in an

office before the expiration of the full term for
which the incumbent was elected, or an election at
which some issue or proposition is submitted to the
vote of the qualified electors.

Date of Election Under the Law

In accordance with the Constitutional policy to

synchronize elections, there is a simultaneous
conduct of elections for national and local officials
once every 3 years. Under R.A. 7166, elections
shall be held on the 2nd Monday of May.

The President and Vice-President are elected

on the same day every 6 years.

Senators, Elective Members of the House of

Representatives, and Elective Provincial, City and
Municipal Officials are elected on the same day
every 3 years, except with respect to the Senators,
only 12 of whom shall be elected every 3 years.

Barangay Elections are held on the same day,

and every 5 years thereafter, the term for elective
barangay officials having been extended from 3
years to 5 years. (R.A. 7160, Sec. 43 (c) as
amended by R.A. 8524)

Time and Place for Holding Elections

The time must be fixed by the authoritative

power (i.e. the Constitution; laws in the case of
regular elections; the executive or other
designated power in the case of special elections).
The place for holding elections shall be fixed by
general law or by a proclamation or by the notice
by which the election is called. Such designated
place shall be mandatory.

In case of emergencies which necessitate the

changing of a polling place, adequate general
notice must be given.

Manner of Holding Elections

While the manner of holding elections must be

regulated, it is obvious that the manner prescribed
is intended simply to secure the correct result.
Manner and form should not be allowed to defeat

UP LAW BAROPS 2007 ONE UP LAW

6 of 56
IV. Pre-Election Requirements
IV. PRE-ELECTION REQUIREMENTS
Precincts And Polling Places
PRECINCTS
PRECINCT, DEFINED
Unit of territory for the purpose of voting
(Sec. 149, BP 881)
ESTABLISHMENT OF PRECINCTS
The COMELEC shall establish all election
precincts. Each barangay shall have at least 1 such
precinct. (Sec. 149, BP 881)
The COMELEC may introduce adjustments,
changes or new divisions or abolish precincts if
necessary. But no changes shall be introduced
within 45 days before a regular election and 30
days before a special election or referendum or
plebiscite. (Sec. 149, BP 881)
Where it is not practicable to divide a precinct
by territory, the COMELEC may adjust or split the
precinct by assigning the registered voters
alphabetically and equitably among the adjusted or
split precinct. The polling places of the said
precincts must be in the same building. (Sec. 8,
R.A. 7166)
PUBLICATION OF MAPS OF PRECINCTS
At least 5 days before the first registration
day and until after the election, referendum, or
plebiscite, the COMELEC shall post in the city or
municipal hall and in 3 other conspicuous places
and on the door of each polling place, a map of the
city or municipality showing its division into
precincts. Such maps shall be kept posted until
after the election, referendum or plebiscite. (Sec.
151, BP 881)
POLLING PLACES
POLLING PLACE, DEFINED
Building or place where the Board of Election
Inspectors conducts its proceedings and where the
voters cast their votes (Sec. 152, BP 881)
DESIGNATION OF POLLING PLACES
The COMELEC may introduce changes in the
location of polling places when necessary after
notice to the registered political parties and
candidates affected if any, and hearing. No location
shall be changed within 45 days before a regular
election and 30 days before a special election,
referendum or plebiscite except when it is
destroyed or it cannot be used. (Sec. 153, BP 881)
ARRANGEMENTS AND CONTENTS OF POLLING PLACES
Each polling place shall have at least 10
voting booths of such size, specifications and
materials as the COMELEC may provide to enable
the voters to fill out their ballots secretly. (Sec.
158, BP 881) The polling place shall be so arranged
that the booths, the table, the ballot boxes and the
whole polling place, except what is being written
within the booths, shall be in plain view of the
board of election inspectors, the watchers and
UP LAW BAROPS 2007
7 of 56
Election Laws
other persons who may be within the polling place.
(Sec. 159 (d), BP 881)
The COMELEC shall post inside each voting
booth and elsewhere in the polling place on the day
before the election, referendum, or plebiscite and
during the voting period a list containing the names
of all candidates or the issues or questions to be
voted for. (Sec. 158; BP 881)
There shall be a guard rail between the voting
booths and the table for the Board of Election
Inspectors. (Sec. 159; BP 881)
INSPECTION OF POLLING PLACES
Before the day of the election, referendum or
plebiscite, the Chairman of the COMELEC shall,
through its authorized representatives, see to it
that all polling places are inspected and such
omissions and defects as may be found are
corrected. (Sec. 163, BP 881)
Official Ballots, Election Returns
& Ballot Boxes
FORM AND CONTENTS OF BALLOTS
The ballots shall:
• be uniform in size;
• be printed in black ink on white security paper
with distinctive, clear and legible watermarks
that will readily distinguish it from ordinary
paper;
• be in the shape of a strip with stub and a
detachable coupon containing the serial
number of the ballot and a space for the
thumbmark of the voter on the detachable
coupon;
• bear at the top middle portion the coat-of-
arms of the Republic, the words, “Official
Ballot”, the name of the city or municipality
and the province, the date of the election and
the following notice in English, “Fill out this
ballot secretly inside the voting booth. Do not
put any distinctive mark on any part of this
ballot”;
• contain the names of all the offices to be
voted for, allowing opposite the name of each
office, sufficient space or spaces with
horizontal lines where the voter may write the
name or names of the individual candidates
voted for by him;
• have nothing printed or written at the back
except the signature of the chairman of the
Board of Election Inspectors
Notwithstanding the preceding provisions,
COMELEC may prescribe a different form of official
ballot on the same watermarked security paper to
facilitate the voting by illiterate voters only and to
use or adopt the latest technological and electronic
devices in connection therewith. (Sec. 23, R.A.
7166)
EMERGENCY BALLOTS
GENERAL RULE
No ballots other than the official ballots shall
be used or counted.
ONE UP LAW
IV. Pre-Election Requirements
EXCEPTION
"Emergency ballots" may be used if:
• failure to receive the official ballots on time
• there are no sufficient ballots for all registered
voters
• the ballots are destroyed at such time as shall
render it impossible to provide other official
ballots.
In these cases, the city or municipal treasure
shall provide other ballots which shall be as similar
to the official ones as circumstances will permit and
which shall be uniform within each polling place.
(Sec. 182, BP 881)
PRINTING OF OFFICIAL BALLOTS AND
ELECTION RETURNS
The official ballots and election returns shall
be printed by the Government Printing Office
and/or the Central Bank printing facilities
exclusively, under the exclusive supervision and
control of the COMELEC which shall determine and
provide the necessary security measures in the
printing, storage and distribution thereof. (Sec.
184, BP 881)
The registered political parties or coalitions of
parties (or their components should there be any
dissolution or division of said coalition) whose
candidates obtained at least 10% of the total votes
cast in the next preceding senatorial election are
each entitled to have a watcher and/or
representative in the procurement and
watermarking of papers to be used in the printing
of election returns and official ballots, and in the
printing, numbering, storage and distribution
thereof. (Sec. 8, R.A. 6646)
REQUISITION AND DISTRIBUTION
The official ballots and election returns shall
be distributed to each city and municipality at the
rate of one and one-fifth ballots for every voter
registered in each polling place, and for election
returns, at the rate of one set for every polling
place. (Sec. 186, BP 881)
The ruling party and the dominant opposition
party shall submit the names of their watchers
who, together with the representatives of the
COMELEC and the provincial, city, and municipal
treasurers shall verify the contents of the boxes
containing the shipment of official ballots, election
returns and sample official ballots. (Sec. 189, BP
881)
PUBLICATION
The COMELEC shall publish at least 10 days
before an election, in a newspaper of general
circulation, certified data on the number of ballots
and returns and the names and addresses of the
printers and the number printed by each.
BALLOT BOXES
On the day of the voting, there shall be a
ballot box one side of which shall be transparent
UP LAW BAROPS 2007
8 of 56
Election Laws
which shall be set in a manner visible to the voting
public. It shall contain two compartments, one for
valid ballots and the other for spoiled ballots.
Registration Of Voters
REGISTRATION DEFINED
The act of accomplishing and filing of a sworn
application for registration by a qualified voter
before the election officer of the city or municipality
wherein he resides and including the same in the
book of registered voters upon approval by the
Election Registration Board. (Sec. 3a, R.A. 8189)
NECESSITY OF REGISTRATION
"The act of registration is an indispensable
precondition to the right of suffrage. For
registration is part and parcel of the right to vote
and an indispensable element in the election
process. Thus … registration cannot and should not
be denigrated to the lowly stature of a mere
statutory requirement. Proceeding from the
significance of registration as a necessary requisite
to the right to vote, the State undoubtedly, in the
exercise of its inherent police power, may then
enact laws to safeguard and regulate the act of
voter’s registration for the ultimate purpose of
conducting honest, orderly and peaceful election,
to the incidental yet generally important end, that
even pre-election activities could be performed by
the duly constituted authorities in a realistic and
orderly manner – one which is not indifferent and
so far removed from the pressing order of the day
and the prevalent circumstances of the times."
(Akbayan, et al v. COMELEC, G.R. No.147066,
March 26, 2001)
QUALIFICATIONS AND DISQUALIFICATIONS
See previous discussion under Suffrage.
ELECTION REGISTRATION BOARD
(Sec. 15, R.A. 8189)
In each city and municipality, there shall be as
many Election Registration Boards as there are
election officers therein. In thickly populated cities
or municipalities, the COMELEC may appoint
additional election officers for such duration as may
be necessary.
COMPOSITION
1. Chairman: Election Officer. In case disqualified,
the COMELEC shall designate an acting Election
Officer.
2. Members
a. Public school official most senior in rank;
and
b. Local civil registrar, or in his absence, the
city or municipal treasurer. If neither are
available, any other appointive civil service
official from the same locality as designated
by the COMELEC.
DISQUALIFICATIONS
No member of the Board shall be related to
each other or to any incumbent city or municipal
elective official within the 4th civil degree of
ONE UP LAW
IV. Pre-Election Requirements
consanguinity or affinity. If in succeeding elections,
any of the newly elected city or municipal officials
is related to a member of the Board within the 4th
civil degree of consanguinity or affinity, such
member is automatically disqualified to preserve
the integrity of the Election Registration Board.
NOTE: It is an election offense to either:
1. Accept an appointment, to assume office and to
actually serve as a member of the Board
although ineligible thereto (Sec. 45d, R.A.
8189), or
2. Appoint such ineligible person knowing him to
be ineligible (Sec. 45d, R.A. 8189)
FUNCTION
• Meet quarterly on the 3rd Monday of April,
July, October and January of every calendar
year (or on the next following working day if
such designated days fall on non-working
holidays)
• To hear and process all applications for
registration.
WHEN REGISTRATION CONDUCTED
Registration of voters shall be conducted not
less than 120 days before a regular election and 90
days before a special election. (Sec. 8, R.A. 8189)
However, in the case of an initiative or
referendum, the COMELEC is authorized to set a
special registration day at least 3 weeks before the
scheduled initiative or referendum. (Sec. 5, R.A.
6735)
Can a special registration for a regular election be
conducted outside the period prescribed in Sec. 8,
RA 8189 under the residual or standby powers of
the COMELEC under Sec. 28, RA 8436?
No. In the case of Akbayan, et al v. COMELEC
(G.R. No.147066, March 26, 2001), the Supreme
Court held that Sec. 8 of R.A. 8189 explicitly
provides that no registration shall be
conducted during the period starting 120 days
before a regular election. The purpose of having
a 120-day prohibitive period is to enable the
COMELEC to complete all the necessary pre-
election activities, including the Project of
Precincts, constitution of Board of Election
Inspectors, Book of Voters and approved Voters
Registration Records, Computerized Voters' List,
and Voters Information Sheet. Registration of
voters is not, contrary to popular opinion, merely
the act of going to the Election Officer and writing
the names down. It is "in fact, a long process that
takes about 3 weeks to complete not even counting
how long it would take to prepare for the
registration in the first place."
RE-REGISTRATION
A voter who is registered in the permanent list
of voters need not register anew for subsequent
elections unless:
1. he transfers residence to another city or
municipality; or
2. his registration has been cancelled on the
UP LAW BAROPS 2007
9 of 56
Election Laws
ground of disqualification and such
disqualification has been lifted or removed (Sec.
125, BP 881);
SYSTEM OF CONTINUING REGISTRATION
Under Sec. 8 of RA 8189, the COMELEC has
the power to conduct continuing registration. Such
registration shall be conducted daily in the office of
the Election Officer during regular office hours,
except during the period starting 120 days before a
regular election and 90 days before a special
election. The filing of the application must be done
personally.
CHALLENGE OF THE RIGHT TO REGISTER
Any person applying for registration may be
challenged before the Election Registration Board:
• by any voter,
• by any candidate, or
• by any representative of a registered political
party.
Such challenge must be made in writing,
under oath and must state the grounds therefor.
(Sec. 18, R.A. 8189)
LIST OF VOTERS
The list of voters refers to an enumeration of
names of registered voters in a precinct duly
certified by the Election Registration Board for use
in the election. (Sec. 3 (d), R.A. 8189)
The Board of Election Inspectors must post
the final list of voters in each precinct 15 days
before the date of the regular or special election or
referendum or plebiscite.
Any candidate or authorized representative of
an accredited political party upon formal request to
an election registrar shall be entitled to a certified
copy of the most recent list of voters upon
payment of a reasonable fee.
ILLITERATE AND DISABLED VOTERS
Any illiterate person may register with the
assistance of the Election Officer or any member of
an accredited citizen’s arm. 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, RA 8189].
INCLUSION-EXCLUSION CASES
COMMON RULES GOVERNING JUDICIAL PROCEEDINGS
IN THE MATTER OF INCLUSION, EXCLUSION AND
CORRECTION OF NAMES OF VOTERS (Sec. 32, R.A.
8189)
Time of filing
During office hours
ONE UP LAW
IV. Pre-Election Requirements
Notice
Notice of the place, date and time of the
hearing of the petition shall be served upon the
members of the Board and the challenged voter
upon filing of the petition.
Modes of service:
1. personal delivery, or
2. registered mail, or
3. posting in the bulletin board of city or municipal
hall and in 2 other conspicuous places within
the city or municipality
Contents
Petition shall refer only to 1 precinct, and shall
implead the Board as respondents
Costs
Generally, no costs shall be assessed against
any party. However, the court may order a party
to pay the costs and incidental expenses of the suit
should it find that the application was filed solely to
harass the adverse party and to cause him to incur
expenses.
Intervention
Any voter, candidate or political party who
may be affected by the proceedings may intervene
and present his evidence.
Evidence
Shall be based on the evidence presented. In
no case shall a decision be rendered upon a
stipulation of facts.
If the case involves the issue of a fictitious
voter, the non-appearance of the challenged voter
on the day set for hearing shall be prima facie
evidence that such voter is fictitious.
Decision
Petition shall be heard and decided within 10
days from date of filing.
Cases appealed to the RTC shall be decided
within 10 days from receipt of the appeal. In all
cases, the court shall decide these petitions not
later than 15 days before the election and the
decision shall become final and executory.
JURISDICTION AND APPEAL IN INCLUSION AND
EXCLUSION CASES
MTC
Original and exclusive jurisdiction
Appeals must be made within 5 days from
receipt of notice. Otherwise the decision of the MTC
becomes final and executory after said period.
RTC
Appellate jurisdiction
The RTC shall decide the appeal within 10
days from the time the appeal was received, and
its decision shall be final and executory. No motion
for reconsideration shall be entertained. (Sec. 138,
BP 881; Sec. 33, R.A. 8189)
UP LAW BAROPS 2007
10 of 56
Election Laws
PETITION FOR INCLUSION OF VOTERS IN THE LIST
The following may petition to be included in
the voters’ list:
• any person whose application by registration
has been disapproved by the Board of Election
Inspectors or
• any person whose name has been stricken out
from the list
Petitioner may apply at any time except 105
days prior to a regular election or 75 days prior to
a special election. (Sec. 34, R.A. 8189)
PETITION FOR EXCLUSION OF VOTERS FROM THE LIST
The following may petition for the exclusion of
a voter from the permanent list of voters:
• any registered voter;
• any representative of a political party;
• the Election Officer
Such petition may be filed at any time except
100 days before a regular election or 65 days
before a special election. It shall be decided within
10 days from filing. (Sec. 35, R.A. 8189)
"The petition for exclusion is a necessary
component to registration since it is a safety
mechanism that gives a measure of protection
against flying voters, non-qualified registrants, and
the like. The prohibitive period, on the other hand
serves the purpose of securing the voter’s
substantive right to be included in the list of
voters." (Akbayan, et al v. COMELEC, G.R.
No.147066, March 26, 2001)
The citizenship of a person to be stricken from
the list may be decided in the exclusion
proceedings. However, the decision does not
acquire the nature of res judicata considering the
summary character of the case.
VOTERS EXCLUDED THROUGH THE INADVERTENCE OR
REGISTERED WITH AN ERRONEOUS OR MISSPELLED
NAME (Sec. 37, R.A. 8189)
What May Be Filed
1. Petition for reinstatement - filed by any
registered voter who has not been included in
the precinct certified list of voters
2. Petition for correction of name - filed by any
registered voter who has been included in the
precinct certified list of voters with a wrong or
misspelled name
Where Filed
With the Election Registration Board
If the petition is denied or not acted upon, the
voter may file on any date with the proper MTC a
petition for an order directing that the voter's name
be entered or corrected in the list. The following
must be attached to the petition:
1. Certified true copy of his registration record, or
identification card, or the entry of his name in
the list of voters used in the preceding election;
2. Proof that his application was denied or not
acted upon by the Board;
3. Proof that the petitioner has served notice of his
application to the Board
ONE UP LAW
IV. Pre-Election Requirements
ANNULMENT OF BOOK OF VOTERS
(Sec. 39, R.A. 8189)
The book of voters refers to the compilation
of all registration records in a precinct. (Sec. 3c,
R.A. 8189)
WHO MAY FILE PETITION FOR ANNULMENT
1. Any voter;
2. Any election officer;
3. Any duly registered political party
GROUNDS
1. The book of voters was not prepared in
accordance with the provisions of R.A. 8189;
2. The book of voters was prepared through:
a. Fraud;
b. Bribery;
c. Forgery;
d. Impersonation;
e. Intimidation;
f. Force; or
g. Any similar irregularity
3. The book of voters contains data that are
statistically improbable
The book of voters shall be annulled after due
notice and hearing by the COMELEC after the filing
of a verified petition. No order, ruling or decision
annulling a book of voters shall be executed within
90 days before an election.
DEACTIVATION AND REACTIVATION OF
REGISTRATION
DEACTIVATION OF REGISTRATION
(Sec. 27, R.A. 8189)
Causes of Deactivation
1. The 3 grounds for disqualification to vote,
namely:
a. Sentence by final judgment to suffer
imprisonment for not less than one (1) year,
such disability not having been removed by
plenary pardon or amnesty;
b. Adjudgment by final judgment of having
committed any crime involving disloyalty to
the duly constituted government (e.g.
rebellion, sedition, violation of the firearms
law) or any crime against national security,
unless restored to his full civil and political
rights in accordance with law;
c. Declaration of insanity or incompetence by
competent authority, unless subsequently
removed;
2. Failure to vote in the 2 successive preceding
regular elections, as shown by the voting
records (Note: SK elections are NOT considered
regular elections for this purpose);
3. Court order for exclusion of registration; and
4. Loss of Filipino citizenship
REACTIVATION OF REGISTRATION
(Sec. 28, R.A. 8189)
Petition Filed
Sworn application for reactivation of
registration in the form of an affidavit stating that
the grounds for the deactivation no longer exist
UP LAW BAROPS 2007
11 of 56
Election Laws
Who May File
Any voter whose registration has been
deactivated
Where Filed
With the Election Officer, who shall then
submit such application to the Election Registration
Board for appropriate action.
When Filed
Not later than 120 days before a regular
election and 90 days before a special registration
Registration Of Political Parties
POLITICAL PARTY DEFINED
• An organized group of persons pursuing the
same ideology, political ideas or platforms of
government and includes its branches and
divisions. (Sec. 60, BP 881)
• An organized group of citizens advocating an
ideology or platform, principles and policies
for the general conduct of government and
which, as the most immediate means of
securing their adoption, regularly nominates
and supports certain of its leaders and
members as candidates for public office. (Sec.
3c, R.A. 7491)
TWO KINDS
1. National party, i.e. a party whose
constituency is spread over the geographical
territory of at least a majority of the regions;
and
2. Regional party, i.e. a party whose
constituency is spread over the geographical
territory of at least a majority of the cities and
provinces comprising the region.
PURPOSE OF REGISTRATION
The purpose of registration of political parties
with the COMELEC is to enable them to:
1. Acquire juridical personality;
2. Qualify for subsequent accreditation; and
3. Entitle them to the rights and privileges granted
to political parties. (Sec. 60, BP 881)
RIGHTS AND PRIVILEGES GRANTED
A registered political party is entitled to the
following rights and privileges:
• To be voted upon as a party, provided that it
is registered under the party-list system (Art.
IX-C, Sec. 7, 1987 Constitution);
• To have a watcher in every Election
Registration Board (Sec. 15, R.A. 8189);
• To inspect and/or copy at its expense the
accountable registration forms and/or the list
of registered voters in the precincts
constituting the constituency at which the
political party is fielding candidates (Sec. 42,
R.A. 8189)
• To have a watcher and/or representative in
the procurement and watermarking of papers
to be used in the printing of election returns
and official ballots and in the printing,
numbering, storage and distribution thereof
ONE UP LAW
IV. Pre-Election Requirements
(Sec. 8, R.A. 6646);
• To have watchers who shall verify the
contents of the boxes containing the shipment
of official ballots, election returns and sample
official ballots received by the provincial, city
and municipal treasurers (Sec. 189, BP 881)
Note: This privilege is only available to the
ruling party and the dominant opposition
party.
• To have one watcher in every polling place
and canvassing center (Sec. 26, R.A. 7166);
• To be present and to have counsel during the
canvass of the election returns (Sec. 25, R.A.
6646)
• To receive the 4th copy (if the dominant
majority party) or the 5th copy (if the
dominant minority party) of the election
returns (Sec. 27, R.A. 7166 as amended by
R.A. 8045 and R.A. 8173)
PROCEDURE
1. The political party seeking registration may file
with the COMELEC a verified petition attaching
thereto its constitution and by-laws, platform or
program of government and such other relevant
information as may be required by the
COMELEC.
2. The COMELEC shall require publication of the
petition for registration or accreditation in at
least three newspapers of general circulation.
3. After due notice and hearing, the COMELEC
shall resolve the petition within 10 days from
the date it is submitted for decision. (Sec. 61,
BP 881)
Note however the discrepancy with Sec. 62
which states that resolution of the petition for
registration or accreditation shall be 15 days
from the date of submission for decision.)
WHO MAY NOT BE REGISTERED
The following may not be registered as
political parties:
• religious denominations and sects (Art. IX-C,
Sec. 2 (5), 1987 Constitution; Sec. 61, BP
881)
• those which seek to achieve their goals
through violence or unlawful means (Art. IX-
C, Sec. 2 (5), 1987 Constitution, Sec. 61, BP
881)
• those which refuse to uphold and adhere to
the Constitution (Art. IX-C, Sec. 2 (5), 1987
Constitution)
• those supported by foreign governments (Art.
IX-C, Sec. 2 (5), 1987 Constitution)
FORFEITURE OF STATUS AND CANCELLATION
OF REGISTRATION
FORFEITURE OF STATUS
Any registered political party that, singly or in
coalition with others, fails to obtain at least 10% of
the votes cast in the constituency in which it
nominated and supported a candidate or
candidates in the election next following its
registration shall, after notice and hearing be
UP LAW BAROPS 2007
12 of 56
Election Laws
deemed to have forfeited such status as a
registered political party in such constituency.
(Sec. 60, BP 881)
CANCELLATION OF REGISTRATION
The following are grounds for cancellation of
registration of a political party:
1. Accepting financial contributions from foreign
governments or their agencies (Art. IX-C, Sec.
2 (5), 1987 Constitution);
2. The party is a religious sect or denomination,
organization or association organized for
religious purposes (Sec. 6 (1), R.A. 7941);
3. The party advocates violence or unlawful means
to seek its goal (Sec. 6 (2), R.A. 7941);
4. The party is a foreign party or organization
(Sec. 6 (3), R.A. 7941);
5. The party is receiving support from any foreign
government, foreign political party, foundation,
organization, whether directly or through any of
its officers or members or indirectly through
third parties for partisan election purposes (Sec.
6 (4), R.A. 7941);
6. The party violates or fails to comply with laws,
rules or regulations relating to elections (Sec. 6
(5), R. A. 7941);
7. The party declares untruthful statements in its
petition for registration (Sec. 6 (6), R.A. 7941);
8. The party has ceased to exist for at least 1 year
(Sec. 6 (7), R.A. 7941);
9. The party fails to participate in the last 2
preceding elections (Sec. 6 (8), R.A. 7941);
10. If registered under the party-list system, the
party fails to obtain at least 2% of the votes in
the 2 preceding elections for the constituency in
which it has registered. (Sec. 6 (8), R.A. 7941)
Under the party-list system, the COMELEC
may refuse or cancel registration either motu
propio or upon verified complaint of any interested
party, after due notice and hearing. (Sec. 6, R.A.
7941)
NOMINATION AND SELECTION OF OFFICIAL
CANDIDATES
(Sec. 6, R.A. 7166)
No political convention or meeting for the
nomination or election of the official candidates of
any political party or organization or political
groups or coalition thereof shall be held earlier
than the following periods:
• Pres., VP, Senators: 165 days before the
date of the election
• Members of the House of Representatives
75 days before the day of
• Elective Provincial, City or Municipal
Officers the election
Registration For Party-List
PARTY-LIST SYSTEM DEFINED
A mechanism of proportional representation in
the election of representatives to the House of
Representatives from national, regional and
sectoral parties or organizations or coalitions
thereof registered with the COMELEC. Component
parties or organizations of a coalition may
ONE UP LAW
IV. Pre-Election Requirements
participate independently, provided the coalition of
which they form part does not participate in the
party-list system. (Sec. 3, R.A. 7941)
PURPOSE OF PARTY-LIST SYSTEM
To enable Filipino citizens belonging to
marginalized and underrepresented sectors,
organizations and parties, and who lack well-
defined political constituencies but who could
contribute to the formulation and enactment of
appropriate legislation that will benefit the nation
as a whole, to become members of the House of
Representatives. (Sec. 2, R.A. 7941)
WHO MAY BE REGISTERED
1. Political parties (See discussion in previous
section);
2. Sectoral parties, i.e. organized groups of
citizens belonging to the labor, peasant,
fisherfolk, urban poor, indigenous cultural
communities, elderly, handicapped, women,
youth, veterans, overseas workers, and
professional sectors, and whose principal
advocacy pertains to the special interest and
concerns of their sector (Sec. 3d, R.A. 7941);
3. Sectoral organizations, i.e. groups of citizens or
coalitions of groups of citizens who share
similar physical attributes or characteristics,
employment, interest or concerns (Sec. 3e, R.A.
7941);
4. Coalitions, i.e. aggrupations of duly registered
national, regional, sectoral parties or
organizations for political and/or election
purposes (Sec. 3f, R.A. 7941)
Parties, organizations or coalitions that are
already registered with the COMELEC need not
register anew. However, should they wish to
participate in the party-list system, they must file
with the COMELEC a manifestation of such desire
to participate not later than 120 days before the
election. (Sec. 4, R.A. 7941, as amended by Sec.
11, R.A. 8436)
PROCEDURE FOR REGISTRATION
PETITION
Petition verified by the
party/organization/coalition's president or
secretary. The petition must state its desire to
participate in the party-list system as a national,
regional or sectoral party or organization or a
coalition of such parties or organizations.
WHEN FILED
Not later than 90 days before the election
ATTACHMENTS
1. Constitution;
2. By-laws;
3. Platform or program of government;
4. List of officers;
5. Coalition agreement (as applicable);
6. Other relevant information as may be required
by the COMELEC
UP LAW BAROPS 2007
13 of 56
Election Laws
After due notice and hearing, the COMELEC
shall resolve the petition within 15 days from the
date it was submitted for decision, but not later
than 60 days before election. (Sec. 5, R.A. 7941)
GROUNDS FOR REFUSAL AND/OR
CANCELLATION OF REGISTRATION
The following are grounds for refusal and/or
cancellation of registration of a party, organization
or coalition wishing to participate in the party-list
system:
1. Accepting financial contributions from foreign
governments or their agencies (Art. IX-C, Sec.
2 (5), 1987 Constitution);
2. The party is a religious sect or denomination,
organization or association organized for
religious purposes (Sec. 6 (1), R.A. 7941);
3. The party advocates violence or unlawful means
to seek its goal (Sec. 6 (2), R.A. 7941);
4. The party is a foreign party or organization
(Sec. 6 (3), R.A. 7941);
5. The party is receiving support from any foreign
government, foreign political party, foundation,
organization, whether directly or through any of
its officers or members or indirectly through
third parties for partisan election purposes (Sec.
6 (4), R.A. 7941);
6. The party violates or fails to comply with laws,
rules or regulations relating to elections (Sec. 6
(5), R. A. 7941);
7. The party declares untruthful statements in its
petition for registration (Sec. 6 (6), R.A. 7941);
8. The party has ceased to exist for at least 1 year
(Sec. 6 (7), R.A. 7941);
9. The party fails to participate in the last 2
preceding elections (Sec. 6 (8), R.A. 7941);
10. If registered under the party-list system, the
party fails to obtain at least 2% of the votes in
the 2 preceding elections for the constituency in
which it has registered. (Sec. 6 (8), R.A. 7941)
The COMELEC may refuse or cancel
registration either motu proprio or upon verified
complaint of any interested party, after due notice
and hearing. (Sec. 6, R.A. 7941)
NOMINATION OF PARTY-LIST
REPRESENTATIVES
(Sec. 8, R.A. 7941)
Each registered party, organization or
coalition shall submit to the COMELEC a list of not
more than 5 names from which party-list
representatives shall be chosen in case it obtains
the required number of votes. This list must be
submitted not later than 45 days before the
election.
The nomination of party-list representatives is
subject to the following limitations:
1. The nominee must have all of the qualifications
and none of the disqualifications for the
exercise of the right of suffrage. Moreover,
he/she must be a registered voter, able to read
and write, and at least 25 years on the day of
the election.
In case of youth sector nominees, such
nominees must be at least 25 but not more
ONE UP LAW
IV. Pre-Election Requirements Election Laws
than 30 yrs. old on the day of the election. is entitled to
(Sec. 9) representation
2. The nominee must be a bona fide member of that it designates
the party or organization which he/she seeks to who will sit as
represent for at least 90 days preceding the day representative.
of the election. (Sec. 9)
3. An elected party-list representative who Effect of Loses his seat, in Does not lose
changes his political party or sectoral affiliation disaffiliation which case he/she seat if he/she
within 6 months before an election is not with party will be substituted changes party or
eligible for nomination as party-list by another affiliation.
representative under his new party or qualified person in
the party /
organization. (Sec. 15)
organization
4. A person may be nominated in one list only.
based on the list
(Sec. 8) submitted to the
5. Only persons who have given their consent in COMELEC.
writing may be named in the list. (Sec. 8)
6. The list cannot include any candidate for any Effect of A substitution will A special election
elective office or any person who has lost his vacancy be made within may be held
bid for an elective office in the immediately the party, based provided that the
preceding election. (Sec. 8) on the list vacancy takes
7. Changes of name or alterations in the order of submitted to the place at least 1
nominees are generally not allowed after the list COMELEC. year before the
has been submitted to the COMELEC. However, next election.
these may be allowed when the nominee either: Effect of A party-list This does not
a. Dies; or change in representative is prevent a district
b. Withdraws his nomination in writing; or affiliation prohibited from representative
c. Becomes incapacitated within 6 sitting as from running
in which case the substitute nominee shall be months prior representative under his new
placed last in the list (Sec. 8) to election under his new party.
party or
PARTY-LIST AND DISTRICT organization.
REPRESENTATIVES DISTINGUISHED
Effect of loss A party-list A district
Every voter is entitled to 2 votes: the first is a during representative representative is
previous cannot sit if he not prevented
vote for candidate for member of the House of
election ran and lost in the from running
Representatives in his legislative district, and the
previous election. again as a district
second, a vote for the party, organization, or representative if
coalition he wants represented in the House of he/she lost
Representatives. during the
previous election.
Party-list District
representative representative
Accreditation Of A Citizens' Arm
Scope of Elected nationally, Elected according
electorate with party-list to legislative WHO MAY BE ACCREDITED
organizations district by the
garnering at least constituents of Any bona fide non-partisan group, association
3% of all the such district
or organization
votes cast for the
• from the civic, youth, professional,
party-list system
entitled to 1 seat,
educational, business or labor sectors
which is increased • with identifiable leadership, membership and
according to structure,
proportional • and with demonstrated capacity to promote
representation, the public interest and assist the COMELEC in
but is in no way to the performance of its functions and activities
exceed 3 seats as mandated by the Constitution and by law
per organization (Rule 33, Sec. 1, COMELEC Rules of Procedure)

Residence No special Must be a PROCEDURE FOR ACCREDITATION

requirement residency resident of his
requirement legislative district
1. FILING OF PETITION FOR ACCREDITATION
for at least 1 year
Any group seeking accreditation may file a
immediately
before the
petition for accreditation, duly verified by its
election President, Chairman of the Board of Directors, or
any of its duly authorized officers.
Manner of Voted upon by Elected
election party or personally, i.e. by The petition for accreditation must state the
organization. It is name. following:
only when a party a. The constituency to which petitioner seeks

UP LAW BAROPS 2007 ONE UP LAW

14 of 56
IV. Pre-Election Requirements
accreditation;
b. That it is not supporting any candidate, political
party, organization or coalition of political
parties, in the constituency where it seeks
accreditation;
c. Nature of its membership; names of its officers
or organizers, location of principal office or
place of business, and an assurance of its
capability to undertake a coordinated operation
and activity to assist the COMELEC;
d. That it shall submit itself to the direct and
immediate control and supervision and comply
with the orders of the COMELEC in the
performance of its specific functions and
activities provided by law, and such other
functions and activities provided by law, and
such other functions and activities which the
COMELEC may assign;
e. That it shall strictly remain non-partisan and
impartial during the registration and election
periods;
f. That it is not supported by or under the
influence of any foreign government or any of
its agencies or instrumentalities; or of any
foreigner, whether natural or juridical person;
g. That it shall not solicit or receive, directly or
indirectly, any contribution or aid of whatever
form or nature from any foreign government or
any of its agencies or instrumentalities, or from
any foreigner, whether natural or juridical
person;
h. That it does not seek to achieve its objectives,
goals or programs through violence or other
unlawful means, nor aim to propagate any
ideology opposed to the principles of a
republican and democratic government; and
i. That it undertakes to police its ranks and
prevent infiltration by persons or groups of
persons who may, directly or indirectly, destroy
its character of non-partisanship and
impartiality.
2. SETTING OF PETITION FOR HEARING
Upon the filing of the petition, the COMELEC en
banc shall immediately set the petition for hearing.
The COMELEC may order the publication of the
petition in a newspaper of general circulation if it
deems such necessary. Publication shall be at the
expense of the petitioner.
3. HEARING OF PETITION
The accreditation of the petitioner may be
opposed by any person, group, association, group
or organization, political party or coalition of
political parties possessing relevant information or
evidence against the petitioner by filing a verified
opposition.
However, notwithstanding the absence of any
opposition, the COMELEC may motu proprio require
the petitioner to present evidence to support its
petition for accreditation.
4. DECISION
The COMELEC shall then render its decision. If
the decision is for the accreditation of the petition,
a certificate of accreditation shall be issued stating
the following:
a. The name of the group or organization;
UP LAW BAROPS 2007
15 of 56
Election Laws
b. The constituency to which it is accredited; and
c. The political exercise for which it is accredited
REVOCATION AND EXPIRATION OF
ACCREDITATION
REVOCATION
May be done by the COMELEC after notice and
hearing for any of the following acts:
1. The citizens' arm has showed or acted with
partiality in any political issue or to any political
party, organization or coalition of political
parties;
2. It has performed acts in excess of its duties and
functions as provided by law; or
3. It has failed to comply with the conditions
imposed upon it in the decision granting
accreditation.
EXPIRATION
The accreditation automatically lapses at the
end of the election period of the political exercise
for which the petitioner was accredited as citizens'
arm.
Certificates Of Candidacy
CANDIDATE DEFINED
Any person aspiring for or seeking an elective
public office, who has filed a certificate of
candidacy by himself or through an accredited
political party, aggroupment, or coalition of parties.
(Sec. 79, BP 881)
GUEST CANDIDACY
A political party may nominate and/or support
candidates not belonging to it. (Sec. 70, BP 881)
Note however that this is not applicable in cases of
political parties registered under the party-list
system, as nominees must necessarily be bona fide
members of the party.
QUALIFICATIONS
Note: See the provisions of the Constitution for the
qualifications of candidates for President, Vice-
President, Senator, and Member of the House of
Representatives.
See the provisions of the Local Government Code
for the qualifications of local elective officials.
Qualifications prescribed by law are continuing
requirements and must be possessed for the
duration of the officer's active tenure. Once any of
the required qualifications are lost, his title to the
office may be seasonably challenged. (See Frivaldo
v. COMELEC, 174 SCRA 245; Labo v. COMELEC,
176 SCRA 1)
FILING OF CERTIFICATE OF CANDIDACY
To be eligible for any elective public office,
one must file a certificate of candidacy within the
period fixed by the Omnibus Election Code.
MODE OF FILING
Certificates must be filed by the candidate
personally or by his duly authorized representative.
ONE UP LAW
IV. Pre-Election Requirements
No certificate shall be filed by mail, telegram or
facsimile. (Sec. 7, R.A. 7166)
TIME OF FILING
Certificates of candidacy must be filed in 12
legible copies not later than 120 days before the
elections. (Sec. 11, R.A. 8436)
PLACE OF FILING
The certificates of candidacy shall be filed in
the following places:
President
Vice-President COMELEC main office (Mla)
Senator
Congressman- Provincial election supervisor
• If NCR district: File with Regional Election
Director
• If legislative district in cities outside NCR
which comprise one or more legislative
districts: File with City election registrar
concerned
Provincial Offices - Provincial election supervisor
City / Municipal Offices - City or municipal
election registrar
CONTENTS OF CERTIFICATE OF CANDIDACY
The certificate of candidacy shall state the
following:
• That the person filing the certificate is
announcing his candidacy for the office stated
therein and that he or she is eligible for such
office;
• The political party to which the candidate
belongs;
• Civil status;
• Date of birth;
• Residence;
• Post office address for all election purposes;
• Profession or occupation;
• That he / she will support and defend the
Constitution of the Philippines and will
maintain faith and allegiance thereto;
• That he / she will obey the laws, legal orders,
and decrees promulgated by the duly
constituted authorities;
• That he / she is not a permanent resident or
immigrant to a foreign country;
• That the obligation imposed by oath is
assumed voluntarily, without mental
reservation or purpose of evasion;
• That the facts stated in the certificate of
candidacy are true to the best of his
knowledge.
EFFECTS OF FILING
Note: Sec. 67 of BP 881 and the first proviso of
Sec. 11 of R.A. 8436 (which states that "Any
elective official, running for any officer other than
one which he is holding in a permanent capacity,
except for President and Vice-President, shall be
considered ipso facto resigned upon the start of the
campaign period") have been repealed by Sec. 14
of R.A. 9006 (Fair Election Act of 2001)
UP LAW BAROPS 2007
16 of 56
Election Laws
Any mass media columnist, commentator,
announcer, reporter, on-air correspondent or
personality who is a candidate for any elective
public office shall be deemed resigned, if so
required by his/her employer, or shall take a leave
of absence from his/her work as such during the
campaign period. (Sec. 6.6, R.A. 9006)
WITHDRAWAL OF CERTIFICATE
A person who has filed a certificate of
candidacy may withdraw the same prior to the
election by submitting to the office concerned a
written declaration under oath.
If a candidate files a certificate of candidacy
for more than 1 office, he shall not be eligible for
any of them. However, he may declare under oath
the office for which he desires to be eligible and
cancel the certificate of candidacy for the other
office or offices provided that this is done before
the expiration of the period for the filing of
certificates of candidacy. (Sec. 73, BP 881)
The filing of the withdrawal shall not affect
whatever civil, criminal, or administrative liabilities
which a candidate may have incurred. (Sec. 73, BP
881)
Ramirez v. COMELEC
The certificate of candidacy of petitioner for
the office of provincial board member was filed by
his political party. 15 minutes before the deadline,
he filed his certificate of candidacy for mayor. 8
days later, he filed a petition to withdraw his
certificate of candidacy for the office of the board
member and to declare subsisting his certificate of
candidacy for mayor, attaching his written
declaration under oath withdrawing his certificate
of candidacy for board member.
Since the certificate of candidacy for the
position of board member was filed by his party
and the said party had withdrawn that nomination,
there was substantial compliance with Sec. 73 of
the Omnibus Election Code. His filing under oath
within the statutory period of his individual
candidacy for mayor was a rejection of the party
nomination of the other officer.
DISQUALIFICATIONS
According to Prof. Barlongay, disqualifications may
be classified into 4 categories: (1) status; (2) acts;
(3) nuisance candidacy; and (4) falsity of material
representation in the certificate of candidacy.
STATUS
1. Lack of Filipino citizenship;
2. Lack of residency requirement;
3. Insanity or incompetence, as declared by
competent authority;
4. Permanent residence or immigrant status in a
foreign country, unless such person has waived
his status as permanent resident or immigrant
in accordance with the residence requirement
provided for in the election laws (Sec. 68, BP
881)
ONE UP LAW
IV. Pre-Election Requirements
ACTS
1. Sentence by final judgment for:
a. Subversion, insurrection, rebellion;
b. Any offense for which the candidate has
been sentenced to a penalty of more than
18 months of imprisonment;
c. Any offense involving moral turpitude;
• Moral turpitude is an act of a baseness,
vileness, or depravity in the private
duties which a man owes to his fellow
men, or to society in general, contrary to
the accepted and customary rule of right
and duty between man and woman or
conduct contrary to justice, honesty,
modesty or good morals. The general
rule is that crimes mala in se involve
moral turpitude while crimes mala
prohibita do not. Moral turpitude implies
something immoral in itself, regardless of
the fact that it is punishable by law or
not. (Dela Torre v. COMELEC, 191 SCRA
229)
2. Having given money or other material
consideration to influence, induce or corrupt the
voters or public officials performing electoral
functions (Sec. 68a, BP 881);
3. Having committed acts of terrorism to enhance
his candidacy (Sec. 68b, BP 881);
4. Having spent in his election campaign an
amount in excess of that allowed by the
Omnibus Election Code (Sec. 68c, BP 881);
5. Having solicited, received or made any
contribution prohibited under the Omnibus
Election Code (Sec. 68d, BP 881; cf. Secs. 89,
95, 96, 97 and 104);
6. Having engaged in election campaign or
partisan political activity outside the campaign
period and not pursuant to a political party
nomination (Sec. 68e, BP 881, cf. Sec. 80);
7. Having removed, destroyed, obliterated,
defaced or tampered with or prevented the
distribution of lawful election propaganda (Sec.
68e, BP 881, cf. Sec. 83);
8. Having violated the rules and regulations on
election propaganda through mass media (Sec.
68e, BP 881, cf. Sec. 86);
9. Having coerced, intimidated, compelled, or in
any manner influenced, directly or indirectly,
any of his subordinates or members, or
employees, etc. to aid, campaign or vote for or
against any candidate or any aspirant for the
nomination or selection of candidates (Sec. 68e,
BP 881, cf. Sec. 261d);
10. Having directly or indirectly threatened,
intimidated, or actually caused, inflicted or
produced any violence, injury, punishment,
damage, loss or disadvantage upon any person
or that of the immediate members of his family,
his honor or property, or used any fraudulent
device or scheme to compel or induce or
prevent the registration of any voter, or the
participation in any campaign, or the casting of
any vote, or any promise of such registration,
campaign, vote, or omission therefrom (Sec.
68e, BP 881, cf. Sec. 261e);
11. Having engaged in unlawful electioneering (Sec.
68e, BP 881, cf. Sec. 261k);
12. Having violated the prohibition against release,
disbursement or expenditure of public funds 45
UP LAW BAROPS 2007
17 of 56
Election Laws
days before a regular election (or 30 days in the
case of a special election) (Sec. 68e, BP 881, cf.
Sec. 261v);
13. Having solicited votes or undertaken any
propaganda on the day of election for or against
any candidate or any political party within the
polling place or within a radius of 30 m. thereof
(Sec. 68e, BP 881, cf. Sec. 251cc)
NUISANCE CANDIDACY
A nuisance candidate is one who files a
certificate of candidacy:
1. To put the election process in mockery or
disrepute; or
2. To cause confusion among the voters by the
similarity of the names of the registered
candidates, or
3. Clearly demonstrating that he/she has no bona
fide intention to run for the office which the
certificate of candidacy has been filed, and thus
prevents a faithful determination of the true will
of the electorate. (Sec. 69, BP 881)
FALSITY OF MATERIAL REPRESENTATION
Falsity of a material representation in the
certificate of candidacy is a ground for the denial of
due course to or cancellation of a certificate of
candidacy under Sec. 78 of BP 881.
DISQUALIFICATIONS UNDER THE LOCAL
GOVERNMENT CODE
(Sec. 40, R.A. 7160)
1. Those sentenced by final judgment for an
offense punishable by one year or more of
imprisonment and within 2 years after serving
sentence.
2. Those removed from office as a result of an
administrative case.
Reyes v. COMELEC
Reyes, the incumbent mayor, was found guilty
in an administrative complaint. Despite this, he
filed a certificate of candidacy. Although the
COMELEC disqualified him, the Board of Election
Canvassers, unaware of COMELEC’s decision to
disqualify him, proclaimed Reyes as the mayor.
The election of Reyes did not render the
administrative charges against him moot and
academic. The decision to remove him was served
on Reyes and thereafter became final because he
failed to appeal to the Office of the President. He
was therefore validly removed from office and
pursuant to the Local Government Code, was
disqualified from running for re-election.
3. Those convicted by final judgment for violating
the oath of allegiance to the Republic of the
Philippines.
4. Those with dual citizenship.
See Mercado v. Manzano (LocGov)
5. Fugitives from justice in criminal and non-
political cases here and abroad.
A "fugitive from justice" includes "not only
those who flee after conviction to avoid
punishment, but likewise those who, after being
charged, flee to avoid prosecution." (Marquez v.
COMELEC, 243 SCRA 358)
In the case of Rodriguez v. COMELEC (G.R. No.
120099, July 24, 1996), it was held that
ONE UP LAW
IV. Pre-Election Requirements
Rodriguez could not 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 5 months. The
Supreme Court held that the intent to evade is
the compelling factor that animates one’s flight
from a particular jurisdiction. And there can
only be an intent to evade prosecution or
punishment when there is knowledge by the
fleeing subject of an already instituted
indictment, or of a promulgated judgment of
conviction.
6. Permanent residents in a foreign country or
those who have acquired the right to reside
abroad and continue to avail of the same right
after the effectivity of the Local Government
Code.
Frivaldo v. COMELEC
Frivaldo was previously declared as an alien.
Despite this, he was able to file his certificate of
candidacy. The election occurred on May 8, 1995.
Frivaldo was able to re-acquire Philippine
citizenship on June 30, 1995 through repatriation
by taking his oath of allegiance at 2:00 p.m.
Philippine citizenship is an indispensable
requirement for holding an elective public office. An
official begins to govern or discharge his functions
only upon his proclamation and on the day the law
mandates his term of office to begin. Since Frivaldo
re-assumed his citizenship on the very day the
term began, he was therefore already qualified to
be proclaimed, to hold such office and to discharge
the functions and responsibilities thereof as of the
said date.
7. Those who are insane or feeble-minded.
SPECIAL DISQUALIFICATIONS UNDER THE LONE
CANDIDATE LAW
(Sec. 4, R.A. 8295)
The following persons are disqualified from
running in a special election called to fill the
vacancy in an elective office, provided that
evidence of their guilt is strong:
1. Any elective official who has resigned from his
office by accepting an appointive office or for
whatever reason which he previously occupied
but has caused to become vacant due to his
resignation;
2. Any person who, directly or indirectly, coerces,
bribes, threatens, harasses, intimidates, or
actually causes, inflicts or produces any
violence, injury, punishment, torture, damage,
loss or disadvantage to any person or persons
aspiring to become a candidate or that of the
immediate member of his family, his honor or
property that is meant to eliminate all other
potential candidate.
UP LAW BAROPS 2007
18 of 56
Election Laws
EFFECT OF DEATH, DISQUALIFICATION OR
WITHDRAWAL
If the death, disqualification or withdrawal
occurs:
• After the last day for filing of the certificates
of candidacy
» ONLY a person belonging to, and certified,
by the same political party, may file a
certificate of candidacy to replace him.
• Between the day before the election and mid-
day of the election day
» the certificate may be filed with any Board
of Election Inspectors in the political
subdivision where he is a candidate or with
the COMELEC if it is a national position.
(Sec. 77, BP 881)
PETITION TO DENY DUE COURSE OR TO
CANCEL CERTIFICATE
A verified petition to deny due course to or
cancel a certificate of candidacy may be filed by
any person EXCLUSIVELY on the ground that a
material misrepresentation contained therein as
required is false. Such petition shall be filed any
time not later than 25 days from the time of filing
of the certificate, and shall be decided not later
than 15 days before the election. (Sec. 78, BP 881)
PROHIBITION AGAINST MULTIPLE
CANDIDACIES
No person shall be eligible for more than one
office to be filled in the same election, and if he
files his certificate of candidacy for more than one
office, he shall not be eligible for any of them.
However, before the expiration of the period
for the filing of certificates of candidacy, the person
who was filed more than one certificate of
candidacy may declare under oath the office for
which he desires to be eligible and cancel the
certificate of candidacy for the other office or
offices.
The filing or withdrawal of a certificate of
candidacy shall not affect whatever civil, criminal
or administrative liabilities which a candidate may
have incurred.
CERTIFIED LIST OF CANDIDATES
The COMELEC shall cause to be printed a
certified list of candidates for each office to be
voted for in each province, city or municipality
immediately followed by the nickname or stage
name of the candidate and his political affiliation, if
any. The list shall be posted inside each voting
booth.
Whenever practicable, the Board of Election
Inspectors shall cause said list of candidates to be
written on the blackboard or manila paper for
posting inside the polling place. The names of all
candidates followed by his nickname or stage name
shall also be printed in the election returns and
tally sheets. (Sec. 4, R.A. 6646)
ONE UP LAW
V. Election Campaign & Expenditures
V. ELECTION CAMPAIGN
AND EXPENDITURES
Election Campaign
ELECTION CAMPAIGN OR PARTISAN
POLITICAL ACTIVITY
It is an act designed to promote the election
or defeat of a particular candidate or candidates to
a public office.
It does not include public expressions of
opinions or discussions of probable issues in a
forthcoming election or on attributes or criticisms
of probable candidates proposed to be nominated
in a forthcoming political party convention.
PROHIBITIONS
• Members of the board of election inspections
are prohibited from engaging in any partisan
political activity or from taking part in the
election except to discharge their duties as
such and to vote. (Sec. 173, BP 881)
• Officers or employees of the civil service are
prohibited from engaging directly or indirectly
in any electioneering or partisan political
campaigns. (Art. IX-B, Sec. 2 (4), 1987
Constitution)
• Members of the military are prohibited from
engaging directly or indirectly in any partisan
political activity except to vote. (Art. XVI, Sec.
5 (3), 1987 Constitution)
CAMPAIGN PERIOD
It is prohibited for any person, political party
or association of persons to engage in an election
campaign or partisan political activity except during
the campaign period. Violation of this prohibition
constitutes an election offense. (Sec. 80, B.P. 881)
LAWFUL ELECTION PROPAGANDA
(Sec. 3, R.A. 9006)
The following are lawful election propaganda:
• Pamphlets, leaflets, cards, decals, stickers, or
other written or printed materials the size of
which does not exceed 8 ½ inches in width
and 14 inches in length;
• Handwritten or printed letters urging voters to
vote for or against any particular political
party or candidate for public office;
• Cloth, paper or cardboard posters, whether
framed or posted, with an area not
exceeding 2 feet by 3 feet.
NOTE: Streamers not exceeding 3 feet by 8
feet in size are allowed at the site and on
occasion of a public meeting or rally or in
announcing the holding of such meeting or
rally. Such streamers may be displayed 5
days before the date of the meeting or rally
and shall be removed within 24 hours after
said meeting or rally.
• Paid advertisements in print or broadcast
media. Such advertisements must comply
UP LAW BAROPS 2007
19 of 56
Election Laws
with the following requirements:
» Any published or printed political matter
and any broadcast of election propaganda
by TV or radio for or against a candidate or
group of candidates to any public office
shall bear and be identified by the
reasonably legible or audible words
“political advertisement paid for” followed
by the true and correct name and address
of the candidate or party for whose benefit
the election propaganda was printed or
aired. (Sec. 4.1, R.A. 9006)
» If the broadcast is given free of charge by
the radio or TV station, it shall be
identified by the words "airtime for this
broadcast was provided free of charge by"
followed by the true and correct name and
address of the broadcast entity. (Sec. 4.2,
R.A. 9006)
» Print, broadcast or outdoor advertisements
donated to the candidate or political party
shall not be printed, published, broadcast
or exhibited without the written
acceptance by the said candidate or
political party. Such written acceptance
must be attached to the advertising
contract and submitted to the COMELEC
within 5 days after its signing. (Sec. 4.3,
R.A. 9006, cf. Sec. 6.3, R.A. 9006)
• All other forms of election propaganda not
prohibited by the Omnibus Election Code or
the Fair Election Act of 2001.
Adiong v. COMELEC (207 SCRA 712)
In this case, the Supreme Court declared as
unconstitutional COMELEC Resolution No. 2347
insofar as it prohibits the posting of decals and
stickers on cars and other moving vehicles since it
infringes on the right to freedom of expression. The
restriction is so broad as to include even a citizen's
privately-owned vehicle, which is equivalent to
deprivation of property without due process of law.
PROHIBITED ACTS
It is prohibited:
• For any foreigner:
» to aid any candidate or political party,
directly or indirectly;
» to take part or influence in any manner
any election;
» to contribute or make any expenditure in
connection with any election campaign or
partisan political activity
• For any person during the campaign period:
» to remove, destroy, obliterate or in any
manner deface or tamper with lawful
election propaganda;
» to prevent the distribution of lawful
election propaganda
• For any candidate, political party, organization
or any person:
» to give or accept, directly or indirectly, free
of charge, transportation, food or drinks or
things of value during the five hours before
and after a public meeting, on the day
preceding the election, and on the day of
the election;
» to give or contribute, directly or indirectly,
ONE UP LAW
V. Election Campaign & Expenditures
money or things of value for such purpose.
Badoy v. COMELEC (35 SCRA 285)
The prohibition against certain forms of
election propaganda was upheld as a valid exercise
of police power, “to prevent the perversion and
prostitution of the electoral apparatus, and of the
denial of due process of law.”
Sanidad v. COMELEC (181 SCRA 529)
But this evil does not obtain in a plebiscite
where the electorate is asked to vote for or against
issues not candidates.
MASS MEDIA
EQUAL ACCESS TO MEDIA TIME AND SPACE
All registered parties and bona fide candidates
are guaranteed equal access to media time and
space under the Fair Election Act. To this end, the
COMELEC has the power to supervise the use and
employment of press, radio and television facilities
insofar as the placement of political advertisements
is concerned to ensure that candidates are given
equal opportunities under equal circumstances to
make known their qualifications and their stand on
public issues. Of course, such political
advertisements must be within the limits set forth
in the Omnibus Election Code and R.A. 7166 on
election spending.
Pursuant to such end:
• Print advertisements shall not exceed 1/4
page, in broadsheet and 1/2 page in tabloids
thrice a week per newspaper, magazine, or
other publications, during the campaign
period;
• Bona fide candidates and registered political
parties running for nationally elective office
are entitled to not more than 120 minutes of
TV advertisement and 180 minutes of radio
advertisement whether by purchase or by
donation;
• Bona fide candidates and registered political
parties running for locally elective office are
entitled to not more than 60 minutes of TV
advertisement and 90 minutes of radio
advertisement whether by purchase or by
donation;
• Broadcast stations or entities are required to
submit copies of their broadcast logs and
certificates of performance to the COMELEC
for the review and verification of the
frequency, date, time and duration of
advertisement broadcast for any candidate or
political party;
• All mass media entities are required to furnish
the COMELEC with a copy of all contracts for
advertising, promoting or opposing any
political party or the candidacy of any person
for public office within 5 days after its signing;
• No franchise or permit to operate a radio or
TV station shall be granted or issued,
suspended or cancelled during the election
period.
MEDIA PRACTITIONERS
Moreover, media practitioners who are
officials of a political party or members of the
UP LAW BAROPS 2007
20 of 56
Election Laws
campaign staff of a candidate or political party
prohibited from using their media time or space to
favor any candidate or political party. Media
practitioners or personalities who are candidates
for any elective public office or are campaign
volunteers for or employed or retained in any
capacity by any candidate or political party shall be
deemed resigned, if so required by their employer,
or shall take a leave of absence from their work as
such during the campaign period.
PUBLIC EXHIBITIONS
No movie, cinematograph, or documentary
portraying the life or biography of a candidate shall
be publicly exhibited in a theater, TV station or any
public forum during the campaign period. The
same is true for movies, cinematographs and
documentaries portrayed by actors or media
personalities who are themselves candidates.
RALLIES, MEETINGS AND OTHER POLITICAL
ACTIVITY
APPLICATION FOR PERMITS TO HOLD RALLY
(Sec. 87, B.P. 881)
The holding of peaceful political rallies during
the campaign period is allowed. In order to hold
rallies, political parties must follow the
requirements of local ordinances on the issuance of
permits. All applications for permits to hold
meetings, rallies and other similar political
activities must be immediately posted in a
conspicuous place in the city or municipal building,
and the receipt thereof acknowledged in writing.
Such applications must be acted upon in writing by
local authorities concerned within 3 days after the
filing thereof. If the application is not acted upon
within said period, it is deemed approved.
The only justifiable ground for denial of the
application for the permit is that a prior written
application by any candidate or political party for
the same purpose has been approved.
Denial of any application for said permit is
appealable to the provincial election supervisor or
to the COMELEC whose decision shall be made
within 48 hours and which shall be final and
executory.
NOTIFICATION OF ELECTION REGISTRAR
(Sec. 88, B.P. 881)
The political party or candidate must notify
the election registrar of any rally. Within 7 working
days, the political party or candidate must submit
to the election registrar the expenses incurred
during the rally.
COMELEC SPACE, POSTER AREA, TIME AND
INFORMATION BULLETIN
COMELEC SPACE
The COMELEC shall procure space in at least
one newspaper of general circulation in every
province or city, or in the absence of such
newspaper, in any other magazine or periodical in
said province or city, which shall be known as
“COMELEC Space.” COMELEC space shall be
allocated to the COMELEC upon payment of just
ONE UP LAW
V. Election Campaign & Expenditures
compensation, and shall be utilized exclusively by
the COMELEC for public information dissemination
on election-related concerns. (Sec. 8, R.A. 9006)
Phil. Press Institute v. COMELEC
The Supreme Court declared sec. 2 of
COMELEC Resolution 2722 compelling print media
companies to donate “COMELEC Space” as null and
void. Sec. 2 does not constitute a valid exercise of
the power of eminent domain. The element of
necessity for the taking has not been shown by
COMELEC. There is no showing that the members
of the Philippine Press Institute are unwilling to sell
print space.
Furthermore, it has not been demonstrated
that the COMELEC has been granted the power of
eminent domain by the Constitution or the
Legislature. In addition, sec. 2 does not constitute
a valid exercise of police power. First, there was no
effort to show that police power was
constitutionally delegated to the COMELEC.
Second, no attempt was made to demonstrate that
a real and palpable or urgent necessity for the
taking of print space confronted the COMELEC.
Thus, COMELEC cannot procure print space
without paying just compensation therefor.
COMELEC TIME
The COMELEC shall likewise air time in at least
1 major broadcasting station or entity in every
province or city, or in the absence of such entity, in
any radio or TV station in said province or city,
which shall be known as "COMELEC time." Such
COMELEC time shall be allocated to the COMELEC
free of charge, and shall be utilized exclusively by
the COMELEC for public information dissemination
on election-related concerns. (Sec. 8, R.A. 9006)
Telecommunications and Broadcast Attorneys
of the Philippines v. COMELEC (289 SCRA 337)
In this case, which questioned the COMELEC's
power under Sec. 92, BP 881 to require TV stations
to give air time for candidates free of charge, the
Supreme Court held that such power is valid and
constitutional, being an exercise of the plenary
police power of the State to promote the general
welfare. The Court gave the following reasons:
1. All broadcasting, whether by radio or TV, is
licensed by the government, and the franchise
issued to a broadcast station is always subject
to amendment, alteration or repeal by Congress
when the common good requires. There is no
better measure for the common good than one
for free airtime for the benefit not only of the
candidates but even more of the public,
particularly the voters, so that they will be
informed of the issues in an election, for after
all, it is the right of the viewers and listeners,
not of the broadcasters, that is paramount.
2. The COMELEC does not take over the operation
of radio and television stations, but only the
allocation of airtime to the candidates, to
ensure equal opportunity, time and the right to
reply, as mandated by the Constitution.
3. There are substantial distinctions in the
characteristics of the broadcast media from
those of the print media which justify the
different treatment accorded to each for
purposes of free speech, viz: the physical
UP LAW BAROPS 2007
21 of 56
Election Laws
limitations of the broadcast spectrum, the
uniquely pervasive presence of the broadcast
media in the lives of all Filipinos, and the earlier
ruling that the freedom of TV and radio
broadcasting is somewhat lesser than the
freedom accorded to the print media.
COMELEC POSTER AREA
(Sec. 9, R.A. 9006)
The COMELEC may authorize political parties
and party-list groups to erect common poster areas
for their candidates in not more than 10 public
places such as plazas, markets, barangay centers
and the like, wherein candidates can post, display
or exhibit propaganda. Such poster areas shall not
exceed 12 feet by 16 feet or its equivalent.
For independent candidates with no political
parties, the size of the common poster area must
not exceed 4 feet by 6 feet or its equivalent.
COMELEC INFORMATION BULLETIN
(Sec. 93, B.P. 881)
The COMELEC shall cause the printing and
supervise the dissemination of bulletins which shall
contain the picture, bio-data and program of
government of every candidate.
Any candidate can reprint these bulletins,
provided it is an exact replica and shall bear the
candidate’s name who caused the reprint and the
printer’s name.
COMELEC OFFICIAL SAMPLE BALLOT
(Sec. 185, B.P. 881, as amended by R.A. 7904)
At least 30 days before an election, the
COMELEC shall furnish every registered voter with
an unfilled official sample ballot, voter information
sheet, and a list of all registered national,
provincial and city candidates to be voted in the
said election.
The information sheet shall include the voter's
name, address, the precinct and the place where
he is registered, and simplified instructions as to
the casting of votes. The names of the candidates
shall be listed in alphabetical order under their
respective party affiliation and a one-line
statement not to exceed 3 words of their
occupation or profession. Persons nominated under
the party-list system shall likewise be included in
the above-mentioned list.
PUBLIC FORUM
(Sec. 9, R.A. 6646)
The COMELEC shall encourage non-political
non-partisan private or civic organization to initiate
and hold in every city and municipality, public for a
at which all registered candidates for the same
office may simultaneously and personally
participate to present, explain and/or debate on
their campaign platforms and programs and other
like issues.
The COMELEC shall promulgate the rules and
regulations for the holding of such to assure its
non-partisan character and equality of access
thereto by all candidates.
ONE UP LAW
V. Election Campaign & Expenditures
ELECTION SURVEYS
(Sec. 5, R.A. 9006)
ELECTION SURVEYS, DEFINED
Election surveys refer to the measurement of
opinions and perceptions of the voters as regards a
candidate's popularity, qualifications, platforms or
a matter of public discussion in relation to the
election, including voters' preference for candidates
or publicly discussed issues during the campaign
period.
INFORMATION REQUIRED TO BE PUBLISHED IN THE
SURVEY
During the election period, any person, natural as
well as juridical, candidate or organization who
publishes a survey must likewise publish the
following information:
• The name of the person, candidate, party or
organization who commissioned or paid for
the survey;
• The name of the person, polling firm or survey
organization who conducted the survey;
• The period during which the survey was
conducted, the methodology used, including
the number of individual respondents and the
areas from which they were selected, and the
specific questions asked;
• The margin of error of the survey;
• For each question for which the margin of
error is greater than that reported above, the
margin of error for that question; and
• A mailing address and telephone number,
indicating it as an address or telephone
number at which the sponsor can be
contacted to obtain a written report regarding
the survey in accordance with Sec. 5.3 of R.A.
9006.
It must be noted that Sec. 5.4 which prohibits
the publication of surveys 15 days (for national
candidates) or 7 days (for local candidates) before
an election was declared unconstitutional by the
Supreme Court upon a petition filed by the Manila
Standard and Social Weather Station, Inc. (SWS)
The decision, which was penned by Justice V.V.
Mendoza, stated that the provision "constitutes an
unconstitutional abridgment of freedom of speech,
expression and the press… as it imposes prior
restraint and therefore, a direct and total
suppression of a category of expression even for a
limited period." (Exact title of case and citation not
available as of this writing. See front page of
Philippine Star, May 6, 2001, for details.)
EXIT POLLS
(Sec. 5.5, R.A. 9006)
Exit polls may only be taken subject to the
following requirements:
• Pollsters shall not conduct their surveys within
50 meters from the polling place, whether
said survey is taken in a home, dwelling place
and other places;
• Pollsters shall wear distinctive clothing;
• Pollsters shall inform the voters that they may
refuse to answer; and
• The result of the exit polls may be announced
after the closing of the polls on election day,
UP LAW BAROPS 2007
22 of 56
Election Laws
and must clearly identify the total number of
respondents, and the places where they were
taken. Said announcement shall state that the
same is unofficial and does not represent a
trend.
ABS-CBN v. COMELEC (January 28, 2000)
In this case, the Supreme Court held that exit
polls are valid. They do not violate the principle of
secrecy of the ballot since such polls are purely
voluntary on the part of the voter and do not
require him or her to reveal his or her ballot.
Election Contributions & Expenditures
CONTRIBUTIONS
CONTRIBUTIONS DEFINED
(Sec. 94a, B.P. 881)
"Contribution” includes a gift, donation,
subscription, loan, advance or deposit of money or
anything of value, or a contract, promise or
agreement to contribute, whether or not legally
enforceable, made for the purpose of influencing
the results of the elections but shall not include
services rendered without compensation by
individuals volunteering a portion or all of their
time in behalf of a candidate or political party.
It shall also include the use of facilities
voluntarily donated by other persons, the money
value of which can be assessed based on the rates
prevailing in the area.
PROHIBITED CONTRIBUTIONS
(Sec. 95, B.P. 881)
No contribution for purposes of partisan
political activity shall be made directly or indirectly
by any of the following:
• Public or private financial institutions.
However, they are not prohibited from making
any loan to a candidate or political party if:
» the financial institutions are legally in the
business of lending money,
» the loan is made in accordance with laws
and regulations; AND,
» the loan is made in the ordinary course of
business.
• Natural and juridical persons operating a
public utility or in possession of or exploiting
any natural resources of the nation;
• Natural and juridical persons who hold
contracts or sub-contracts to supply the
government or any of its divisions,
subdivisions or instrumentalities, with goods
or services or to perform construction or other
works;
• Natural and juridical persons who have been
granted franchises, incentives, exemptions,
allocations or similar privileges or concessions
by the government or any of its divisions,
subdivisions or instrumentalities, including
GOCCs;
• Natural and juridical persons who, within 1
year prior to the date of the election, have
been granted loans or other accommodations
in excess of P100,000 by the government or
any of its divisions, subdivisions or
instrumentalities including GOCCs;
ONE UP LAW
V. Election Campaign & Expenditures
• Educational institutions which have received
grants of public funds amounting to no less
than P100,000.00;
• Officials or employees in the Civil Service, or
members of the Armed Forces of the
Philippines;
• Foreigners and foreign corporations, including
foreign governments. (Sec. 96, BP 881)
It is unlawful for any person to solicit or
receive any contribution from any of the persons or
entities enumerated.
PROHIBITED RAISING OF FUNDS
It is unlawful for any person to hold the
following for the purpose of raising funds for an
election campaign or for the support of any
candidate from the commencement of the election
period up to and including election day:
• dances,
• lotteries,
• cockfights,
• games,
• boxing bouts,
• bingo,
• beauty contests,
• entertainments, or cinematographic, theatrical
or other performances
It is unlawful for any person or organization,
whether civic or religious, directly or indirectly, to
solicit and/or accept from any candidate for public
office, or from his campaign manager, agent or
representative, or any person acting in their behalf,
any gift, food, transportation, contribution or
donation in cash or in kind from the
commencement of the election period up to and
including election day.
Note, however, that normal and customary
religious stipends, tithes, or collections on Sundays
and/or other designated collection days, are
excluded from this prohibition.
EXPENDITURES
EXPENDITURES DEFINED
(Sec. 94b, BP 881)
“Expenditure" includes the payment or
delivery of money of anything of value, or a
contract, promise or agreement to make an
expenditure, for the purpose of influencing the
results of the election. It shall also include the use
of facilities personally owned by the candidate, the
money value of the use of which can be assessed
based on the rates prevailing in the area.
LIMITATIONS ON EXPENDITURES
(Sec. 13, R.A. 7166)
The aggregate amount that a candidate or
registered political party may spend for an election
campaign shall be as follows:
For Candidates
• President and Vice-President: P 10 for every
voter currently registered
• Other Candidates: P 3 for every voter current
registered in the constituency where he filed
his certificate of candidacy
UP LAW BAROPS 2007
23 of 56
Election Laws
• Candidates Without a Political Party: P 5 for
every voter
For Political Parties
P 5 for every voter currently registered in the
constituency or constituencies where it has official
candidates
LAWFUL EXPENDITURES
(Sec. 102, B.P. 881)
No candidate or treasurer of a political party
shall, directly or indirectly, make any expenditure
except for the following purposes:
a. For traveling expenses of the candidates and
campaign personnel in the course of the
campaign and for personal expenses incident
thereto;
b. For compensation of campaigners, clerks,
stenographers, messengers, and other persons
actually employed in the campaign;
c. For telegraph and telephone tolls, postage,
freight and express delivery charges;
d. For stationery, printing and distribution of
printed matters relative to candidacy;
e. For employment of watchers at the polls;
f. For rent, maintenance and furnishing of
campaign headquarters, office or place of
meetings;
g. For political meetings and rallies and the use of
sound systems, lights and decorations during
said meetings and rallies;
h. For newspaper, radio, TV and other public
advertisements;
i. For employment of counsel, the cost of which
shall not be taken into account in determining
the amount of expenditures which a candidate
or political party may have incurred;
j. For copying and classifying list of voters,
investigating and challenging the right to vote
of persons registered in the list; such costs shall
not be taken into account in determining the
amount of expenses which a candidate or
political party may have incurred;
k. For printing sample ballots in such color, size
and maximum number as may be authorized by
the COMELEC, such costs not to be taken into
account in determining the amount of expenses
which a candidate or political party may have
incurred.
PERSONS AUTHORIZED TO INCUR EXPENDITURES
(Sec. 103, B.P. 881)
Only the following persons are permitted by
law to make any expenditure in support of or in
opposition to any candidate or political party:
• The candidate;
• The treasurer of a political party;
• Any person authorized by such candidate or
treasurer.
Expenditures duly authorized by the candidate
or the treasurer of the political party shall be
considered as expenditures of such candidate or
political party. The authority to incur expenditures
must:
1. be in writing;
2. be signed by the candidate or the treasurer of
the party;
3. show the expenditures so authorized;
ONE UP LAW
V. Election Campaign & Expenditures
4. state the full name and exact address of the
person so designated; and
5. be furnished the COMELEC.
PROHIBITED DONATIONS
(Sec. 104, B.P. 881)
No candidate, his or her spouse or any
relative within the second civil degree of
consanguinity or affinity, or his campaign manager,
agent or representative shall during the campaign
period, on the day before and on the day of the
election, directly or indirectly, make any donation,
contribution or gift in cash or in kind, or undertake
or contribute to the construction or repair of roads,
bridges, school buses, puericulture centers,
medical clinics and hospitals, churches or chapels
cement pavements, or any structure for public use
or for the use of any religious or civic organization.
The same prohibition applies to treasurers,
agents or representatives of any political party.
Normal and customary religious dues or
contributions, such as religious stipends, tithes or
collections on Sundays or other designated
collection days, as well as periodic payments for
legitimate scholarships established and school
contributions habitually made before the prohibited
period, are excluded from the prohibition.
DUTIES OF CANDIDATES AND POLITICAL
PARTIES
ACCOUNTING OF CONTRIBUTIONS AND
EXPENDITURES
(Sec. 105, B.P. 881)
Every person receiving contributions or
incurring expenditures by authority of the
candidate or treasurer of the party shall, on
demand by the candidate or treasurer of the party,
render to the candidate or treasurer concerned a
detailed account thereof with proper vouchers or
official receipts. Such accounting must be given
within 5 days after receiving such contribution or
incurring such expenditure.
KEEPING OF DETAILED RECORDS OF CONTRIBUTIONS
AND EXPENDITURES
Keeping of records
Every candidate and treasurer of the party
shall keep detailed, full, and accurate records of all
contributions received and expenditures incurred
by him and by those acting under his authority,
setting forth therein all information required to be
reported. (Sec. 106b, B.P. 881)
Issuance of receipt
Every candidate, treasurer of the political
party, and person acting under the authority of
such candidate or treasurer has the duty to:
1. issue a receipt for every contribution received;
and
2. keep a receipt stating the particulars of every
expenditure made.
Preservation of records
Records of contributions and expenditures
must be preserved for at least 3 years after the
UP LAW BAROPS 2007
24 of 56
Election Laws
holding of the election to which they pertain, for
their production for inspection by the COMELEC or
its duly authorized representative, or upon
presentation of a subpoena duces tecum duly
issued by the COMELEC.
Failure of the candidate or treasurer to
preserve such records or documents shall be
deemed prima facie evidence of violation of this
provision of law. (Sec. 106c, B.P. 881)
FILING OF STATEMENT OF CONTRIBUTIONS AND
EXPENDITURES
Duty to file
Within 30 days after election day, the
candidate and the treasurer of the political party
must file with the COMELEC duplicate copies of the
full, true and itemized statement of all
contributions and expenditures in connection with
the election. (Sec. 14, R.A. 7166)
This requirement to file the statement covers
even those who withdrew as candidates after
having filed their certificates, because Sec. 14 of
R.A. 7166 does not make any distinction. (Pilar v.
COMELEC, 245 SCRA 759)
Duty of election registrar to advise candidates of
their duty
It is the duty of the city or municipal election
registrar to advise in writing, either by personal
delivery or by registered mail, within 5 days from
the election date, all candidates to comply with the
obligation to file their statements. (Sec. 14, R.A.
7166)
Form and contents of statement
The statement shall be in writing, subscribed
and sworn to by the candidate or by the treasurer
of the party, shall be complete as of the date next
preceding the date of filing, and shall set forth in
detail the following:
1. the amount of contribution, date of receipt, and
the full name and exact address of the person
from whom the contribution was received;
2. the amount of every expenditure, the date
thereof, the full name and exact address of the
person to whom payment was made, and the
purpose of the expenditure;
3. any unpaid obligation, its nature and amount,
and to whom said obligation is owing; and
4. such other particulars which the COMELEC may
require.
If the candidate or treasurer of the party has
received no contribution, made no expenditure, or
has no pending obligation, the statement shall
reflect such fact. (Sec. 109, B.P. 881)
Effect of Failure to File
No person elected to any public office shall
enter upon the duties of his office until he has filed
the statement of contributions and expenditures.
(Sec. 14, R.A. 7166) The same prohibition also
applies if the political party of the winning
candidate fails to file the statement within the
ONE UP LAW
V. Election Campaign & Expenditures
required period
Failure to file the required statements or
reports constitutes an administrative offense.
Offenders are liable to pay an administrative fine
ranging from P 1,000.00 to P 30,000.00. Such fine
shall be paid within 30 days from receipt of notice
of such failure; otherwise, the COMELEC shall
enforce the same by issuing a writ of execution
against the properties of the offender. The
commission of a second or subsequent offense
under this section subjects the offender to an
increased fine ranging from P 2,000.00 to P
60,000.00, and to a perpetual disqualification to
hold office. (Sec. 14, R.A. 7166)
Except: Candidates for elective barangay office
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, RA 7166 does not
make any distinction.
DUTIES OF CONTRACTORS, SUPPLIERS AND
BUSINESS FIRMS
Persons or firms to whom any electoral
expenditure is made have the duty to:
1. Require every agent of a candidate or of the
treasurer of a political party to present written
authority to incur electoral expenditures in
behalf of such candidate or treasurer.
2. Keep and preserve at its place of business for a
period of 3 years after the date of the election
copies of such written authority, contracts,
vouchers, invoices and other records and
documents relative to said expenditures,
subject to inspection by the COMELEC or its
authorized representative.
3. File with the COMELEC a report setting forth the
full names and exact addresses of the
candidates, treasurers of political parties and
other persons incurring such expenditures, the
nature or purpose of each expenditure, the date
and costs thereof, and such other particulars as
the COMELEC may require within 30 days
after the day of the election. The report shall
be signed and sworn to by the supplier or
contractor, or by the president or general
manager in case of a business firm. (Sec. 112,
B.P. 881)
REPEAL OF SEC. 105-112 OF B.P. 881 AS
ELECTION OFFENSES
Prior to R.A. 7166, failure to comply with the
duties imposed by Sec. 105-112 of B.P. 881
constituted election offenses that were punishable
under Art. 262 of B.P. 881. However, Sec. 39 of
R.A. 7166 repealed the inclusion of said provisions
as election offenses, with such repeal to have
retroactive effect.
UP LAW BAROPS 2007
25 of 56
Election Laws
VI. THE ELECTION PROPER
In General
WHAT CONSTITUTES AN ELECTION
An election is constituted when there is a
plurality of votes sufficient for a choice conditioned
on the plurality of valid votes or a valid
constituency regardless of the actually number of
votes cast. Otherwise, there would be no winner.
It is not necessary that a majority of voters
should have elected the winning candidate. Even if
a candidate wins due to a minority vote, if the
election is lawfully held, a plurality of the majority
is sufficient.
Those who did not vote are assumed to assent
to the action of those who voted.
FAILURE OF ELECTIONS
GROUNDS FOR DECLARATION OF FAILURE OF
ELECTIONS
In the case of Joseph Peter Sison v. COMELEC
(G.R. No. 134096, March 3, 1999), the Supreme
Court said that there are only 3 instances where a
failure of elections may be declared, namely:
1. The election in any polling place has not been
held on the date fixed on account of force
majeure, violence, terrorism, fraud, or other
analogous causes;
2. The election in any polling place had been
suspended before the hour fixed by law for the
closing of the voting on account of force
majeure, violence, terrorism, fraud, or other
analogous causes; and
3. After the voting and during the preparation and
transmission of the election returns or in the
custody or canvass thereof such election results
in a failure to elect on account of force majeure,
violence, terrorism, fraud or other analogous
causes.
The causes for the declaration of a failure of
election may occur before or after the casting of
votes or on the day of the election. (Sec. 4, R.A.
7166)
HOW DECLARED
The declaration of a failure of election is
decided by the COMELEC en banc by a majority
vote of its members. (Sec. 4, R.A. 7166)
Procedure for declaration of failure of elections
shall be discussed in the last part of this reviewer.
HOLDING OR CONTINUATION OF ELECTION
The COMELEC shall call for the holding or
continuation of the election on a date reasonably
close to the date of the election not held,
suspended, or which resulted in a failure to elect
but not later than 30 days after the cessation of
the cause of such suspension or failure to elect.
(Sec. 6, B.P. 881)
ONE UP LAW
VI. The Election Proper
POSTPONEMENT OF ELECTIONS
GROUNDS FOR POSTPONEMENT OF ELECTIONS
An election may be postponed by the
COMELEC either motu proprio or upon a verified
petition by any interested party when there is
violence, terrorism, loss or destruction of election
paraphernalia or records, force majeure, or other
analogous cause of such a nature that the holding
of a free, orderly and honest election becomes
impossible in any political subdivision. (Sec. 5, B.P.
881)
HOW DECLARED
The declaration of a postponement of election
is decided by the COMELEC en banc by a majority
vote of its members. (Sec. 4, R.A. 7166)
HOLDING OF ELECTION
The COMELEC shall call for the holding of the
election on a date reasonably close to the date of
the election not held, suspended, or which resulted
in a failure to elect but not later than 30 days after
the cessation of the cause for such postponement
or suspension of the election or failure to elect.
(Sec. 5, B.P. 881)
SPECIAL ELECTION
(Sec. 4, R.A. 7166)
In case a permanent vacancy occurs in the
Senate or House of Representatives at least 1 year
before the expiration of the term, the COMELEC
shall call and hold a special election to fill the
vacancy not earlier than 60 days nor longer than
90 days after the occurrence of the vacancy.
However, in case of such vacancy in the
Senate, the special election shall be held
simultaneously with the succeeding regular
election.
Casting Of Votes
SECRECY OF THE BALLOT
The distinguishing feature of this mode of
voting, is that every voter is thus enabled to secure
and preserve the most complete and violable
secrecy in regard to the person for whom he votes,
and thus escapes the influences which, under the
system of oral suffrages, may be brought to bear
upon him with a view to overbear and intimidate,
and thus prevent the real expression of public
sentiment.
A legal voter will not be compelled to disclose
for whom he voted. Moreover, third persons are
not permitted to testify to its purport.
The voter may, however, if he chooses, waive
his privilege of secrecy and voluntarily disclose the
contents of his ballot. Thus, it was held in the case
of ABS-CBN v. COMELEC (January 28, 2000) that
exit polls are valid since they are voluntary and do
not require a voter to reveal the contents of his or
her ballot if he or she does not want to.
UP LAW BAROPS 2007
26 of 56
Election Laws
METHOD OF VOTING
VOTER MUST VOTE IN PERSON
The voter must personally deposit his ballot.
By the principle that what is done in one’s
presence and by his express direction is, in law, his
act, an infirm or aged voter may undoubtedly
employ another to perform the mechanical act of
depositing in the voter’s presence the ballot which
the latter has himself selected.
VOTER MUST VOTE BUT ONCE
Each voter shall vote but once, at any
election, for each office or measure to be voted for.
VOTER NEED NOT VOTE THE WHOLE TICKET
It is entirely optional with the voter whether
he will vote at all or not, and he may vote for such
offices as he chooses and for such of the several
persons to be chosen to the same office as he
prefers.
ABSENTEE VOTING
Under RA 7166, absentee voting as provided
for in EO 157 shall apply to the elections for
President, Vice-President, and Senators ONLY and
shall be limited to:
• members of the AFP
• members of the PNP
• 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 their election
duties to places where they are not registered
voters.
BLOCK VOTING
There is no longer block voting under current
Philippine Election Laws, having been expressly
prohibited by Art. IX-C, Sec. 7 of the 1987
Constitution.
However, it must be noted that under the
party-list system, votes may be counted in favor of
political parties, organizations or coalitions
rendered under said system. This, in a way, may
be construed as the exception to the prohibition on
block voting.
VOTING HOURS
GENERAL RULE
The casting of votes shall be at 7 a.m. and
shall end at 3 p.m.
EXCEPTION
When there are voters present within 30
meters in front of the polling place who have not
yet cast their votes, in which case the voting shall
continue but only to allow said voters to cast their
votes without interruption. The poll clerk shall
prepare a complete list containing the names of
said voters consecutively numbered, and the voters
so listed shall be called to vote by announcing each
name repeatedly three times in the order in which
they are listed. Any voter in the list who is not
ONE UP LAW
VI. The Election Proper
present when his name is called out shall not be
permitted to vote.
BOARD OF ELECTION INSPECTORS
At least 30 days before the date when the
voters list is to be prepared, in the case of a
regular election or 15 days before a special
election, the COMELEC shall, directly or through its
duly authorized representatives, constitute a board
of election inspectors for each precinct.
COMPOSITION
The Board of Election Inspectors is composed
of three (3) persons, namely:
• chairman
• poll clerk
• member
The entire Board shall be composed of public
school teachers, priority to be given to those with
permanent appointments. (Sec. 164, BP 881, as
amended by Sec. 13, R.A. 6646) However, in case
there are not enough public school teachers, the
following may be appointed for election duty:
• teachers in private schools;
• employees in the civil service; or
• other citizens of known probity and
competence who are registered voters of the
city or municipality
QUALIFICATIONS
1. public school teachers
2. be of good moral character and irreproachable
reputation
3. a registered voter of the City or municipality
4. never been convicted of any election offense or
any other crime punishable by more than 6
months imprisonment
5. able to speak and write English or the local
dialect
DISQUALIFICATIONS
1. must not be related within the 4th civil degree
by consanguinity or affinity to any member of
the BEI or to any candidate to be voted for in
the polling places
2. must not engage in any partisan political
activity
POWERS OF THE BOARD OF ELECTION INSPECTORS
(Sec. 168, BP 881)
The board of election inspectors shall have the
following powers and functions:
• Conduct the voting and counting of votes in
their respective polling places;
• Act as deputies of the Commission in the
supervision and control of the election in the
polling places wherein they are assigned, to
assure the holding of the same in a free,
orderly and honest manner;
• Perform such other functions prescribed by
the Omnibus Election Code or by the rules and
regulations promulgated by the COMELEC
PROCEEDINGS
Shall be public and held only in the polling
places.
UP LAW BAROPS 2007
27 of 56
Election Laws
Exception
The counting of the votes and the preparation
of the return may be done in the nearest safe
baranggay or school building within the
municipality BY unanimous vote of the board and
concurred in by the majority of the watchers
present IF there is imminent danger of violence,
terrorism, disorder or similar causes.
The BEI shall act through its Chariman, and
shall decide without delay by majority vote all
questions which may arise in the performance of its
duties.
PROHIBITIONS ON THE BOARD OF ELECTION
INSPECTORS
No member of the Board shall, before the
termination of the voting, make any announcement
as to whether a certain registered voter has
already voted or not, as to how many have already
voted or how many so far have failed to vote, or
any other fact tending to show or showing the
state of the polls, nor shall he make any statement
at any time as to how any person voted, except as
witness before a court. (Sec. 205, BP 881)
WATCHERS
Each candidate and each political party or
coalition of political parties duly registered with the
Commission 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 Lunsod and
Sangguniang Bayan, belonging to the same ticket
or slate shall collectively entitled to 1 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 other
similar organization, with prior authority from the
Commission, shall be entitled collectively, to
appoint 1 watcher in polling place.
QUALIFICATIONS
1. Qualified voter of the city or municipality
2. Good reputation
3. Never been convicted of any election offence or
any crime
4. Knows how to read and write English, Pilipino or
any of the prevailing local dialects
5. Not related within the 4th civil degree by
consanguinity or affinity to any member of the
BEI in the polling place where he seeks
appointment as watcher.
RIGHTS AND DUTIES
1. Stay in the space reserved for then inside the
polling place
2. Witness and inform themselves of the
proceedings of the BEI
3. Take notes, photographs of proceedings
4. File protests against any irregularities or
violation of law
5. Be furnished with a certificate of the number of
ONE UP LAW
VI. The Election Proper
votes cat for each candidate, duly signed and
thumb marked by the members of the BEI.
AUTHENTICATION OF THE BALLOT
In every case, before delivering an official
ballot to the voter, the chairman of the Board of
Election Inspectors shall affix his signature at the
back of the ballot in the presence of the voter.
Failure to authenticate shall be noted in the
minutes of the Board of Election Inspectors and
shall constitute an election offense. (Sec. 24, R.A.
7166)
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 Board of Election Inspectors
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 BEI Chairman.
PREPARING THE BALLOT AND VOTING
1. THE VOTER, UPON RECEIVING HIS FOLDED BALLOT,
SHALL FORTHWITH PROCEED TO ONE OF THE EMPTY
VOTING BOOTHS AND SHALL THERE FILL HIS BALLOT
BY WRITING IN THE PROPER SPACE FOR EACH OFFICE
THE NAME OF THE INDIVIDUAL CANDIDATE FOR WHOM
HE DESIRES TO VOTE.
No voter shall be allowed:
• to enter a booth occupied by another, nor
enter the same accompanied by somebody,
except as provided for in the succeeding
section hereof;
• to stay therein for a longer time than
necessary
• to speak with anyone other than as herein
provided while inside the polling place.
It shall be unlawful:
• to prepare the ballot outside the voting booth;
• to exhibit its contents to any person
• to erase any printing from the ballot
• to intentionally tear or deface the same or put
thereon any distinguishing mark;
• to use carbon paper, paraffin paper, or other
means for making a copy of the contents of
the ballot;
• to make use of any other means to identify
the vote of the voter.
Preparation of Ballots for Illiterates and Disabled
Persons
(Sec. 196, B.P. 881)
No voter shall be allowed to vote as an
illiterate or as a physically disabled unless it is so
indicated in his registration record.
A voter who is illiterate or physically unable to
prepare the ballot by himself may be assisted in
the preparation of his ballot by the following:
a. a relative by affinity or consanguinity within the
fourth civil degree, or
b. if (a) is not available, then any person of his
UP LAW BAROPS 2007
28 of 56
Election Laws
confidence who belongs to the same household;
or
c. any member of the board of election inspectors.
In no case shall an assistor assist more than 3
times.
The person assisting shall:
• prepare the ballot for the illiterate or disabled
voter inside the voting booth;
• bind himself in a formal document under oath
to fill out the ballot strictly in accordance with
the instructions of the voter and not to reveal
the contents of the ballot prepared by him.
A violation of these 2 duties shall constitute an
election offense.
Spoiled Ballots
If a voter should accidentally spoil or deface a
ballot in such a way that it cannot lawfully be used,
he shall surrender it folded to the chairman who
shall note in the corresponding space in the voting
record that said ballot is spoiled. The voter shall
then be entitled to another ballot which the
chairman shall give him after announcing the serial
number of the second ballot and recording the
serial number in the corresponding spaces in the
voting record.
No voter shall change his ballot more than
once. (Sec. 14, R.A. 8436)
The spoiled ballot shall, without being
unfolded and without removing the detachable
coupon, be distinctly marked with the word
"spoiled" and signed by the board of election
inspectors on the endorsement fold thereof and
immediately placed in the compartment for spoiled
ballots.
2. AFTER THE VOTER HAS FILLED HIS BALLOT HE
SHALL FOLD IT IN THE SAME MANNER AS WHEN HE
RECEIVED IT AND RETURN IT TO THE CHAIRMAN.
3. IN THE PRESENCE OF ALL THE MEMBERS OF THE
BOARD OF ELECTION INSPECTORS, HE SHALL AFFIX
HIS THUMBMARK ON THE CORRESPONDING SPACE IN
THE COUPON, AND DELIVER THE FOLDED BALLOT TO
THE CHAIRMAN.
4. THE CHAIRMAN, IN THE PRESENCE AND VIEW OF
THE VOTER AND ALL THE MEMBERS OF THE BOARD OF
ELECTION INSPECTORS, WITHOUT UNFOLDING THE
BALLOT OR SEEING ITS CONTENTS, SHALL VERIFY ITS
NUMBER FROM THE VOTING RECORD WHERE IT WAS
PREVIOUSLY ENTERED.
Any ballot whose number does not coincide
with the number of the ballot delivered to the
voter, as entered in the voting record, shall be
considered as spoiled and shall be so marked and
signed by the members of the board of election
inspectors.
5. THE VOTER SHALL AFFIX HIS THUMBMARK BY THE
SIDE OF HIS SIGNATURE IN THE SPACE INTENDED FOR
THAT PURPOSE IN THE VOTING RECORD AND THE
CHAIRMAN SHALL APPLY SILVER NITRATE AND
ONE UP LAW
VI. The Election Proper
COMMASSIE BLUE ON THE RIGHT FOREFINGER NAIL OR
ON ANY OTHER AVAILABLE FINGER NAIL, IF THERE BE
NO FOREFINGER NAIL.
6. THE CHAIRMAN SHALL SIGN IN THE PROPER SPACE
BESIDE THE THUMBMARK OF THE VOTER.
Note that the absence of the signature of the
chairman in the ballot given to a voter as proof of
the authenticity of the ballot, is fatal.
7. THE CHAIRMAN, AFTER FINDING EVERYTHING TO BE
IN ORDER, SHALL THEN DETACH THE COUPON IN THE
PRESENCE OF THE BOARD OF ELECTION INSPECTORS
AND OF THE VOTER AND SHALL DEPOSIT THE FOLDED
BALLOT IN THE COMPARTMENT FOR VALID BALLOTS,
AND THE DETACHED COUPON IN THE COMPARTMENT
FOR SPOILED BALLOTS.
Any ballot returned to the chairman whose
detachable coupon has been removed not in the
presence of the board of election inspectors and of
the voter, shall be considered as spoiled and shall
be so marked and signed by the members of the
board of election inspectors.
8. THE VOTER SHALL THEN DEPART.
CHALLENGE OF ILLEGAL VOTERS
(Sec. 199, B.P. 881)
Any voter or watcher may challenge any
person offering to vote for not being registered, for
using the name of another or suffering from
existing disqualification. In such case, the board of
election inspectors shall satisfy itself as to whether
or not the ground for the challenge is true by
requiring proof of registration or the identity of the
voter.
No voter shall be required to present his
voter's affidavit on election day unless his identity
is challenged. His failure or inability to produce his
voter's affidavit upon being challenged, shall not
preclude him from voting if his identity be shown
from the photograph, fingerprints, or specimen
signatures in his approved application in the book
of voters or if he is identified under oath by a
member of the board of election inspectors and
such identification shall be reflected in the minutes
of the board.
CHALLENGE BASED ON CERTAIN ILLEGAL ACTS
(Sec. 200, B.P. 881)
Any voter or watcher may challenge any voter
offering to vote on any of the following grounds:
• that the challenged person has received or
expects to receive, has paid, offered or
promised to pay, has contributed, offered or
promised to contribute money or anything of
value as consideration for his vote or for the
vote of another;
• that he has made or received a promise to
influence the giving or withholding of any such
vote; or
• that he has made a bet or is interested
directly or indirectly in a bet which depends
upon the result of the election.
UP LAW BAROPS 2007
29 of 56
Election Laws
The challenged person shall take a prescribed
oath before the board of election inspectors that he
has not committed any of the acts alleged in the
challenge. Upon the taking of such oath, the
challenge shall be dismissed and the challenged
voter shall be allowed to vote, but in case of his
refusal to take such oath, the challenge shall be
sustained and he shall not be allowed to vote.
NON-CONCLUSIVENESS OF ADMISSION OF
CHALLENGED VOTE
(Sec. 201, B.P. 881)
It must be noted that the admission of the
challenged vote shall not be conclusive upon any
court as to the legality of the registration of the
voter challenged or his vote in a criminal action
against such person for illegal registration or
voting.
RECORDS OR STATEMENTS TO BE PREPARED
AND KEPT
RECORD OF CHALLENGES AND OATHS
The poll clerk shall keep a prescribed record of
challenges and oaths taken in connection therewith
and the resolution of the board of election
inspectors in each case and, upon the termination
of the voting, shall certify that it contains all the
challenges made.
The original of this record shall be attached to
the original copy of the minutes of the voting as
provided in the succeeding section. (Sec. 202, B.P.
881)
MINUTES OF VOTING AND COUNTING OF VOTES
The board of election inspectors shall prepare
and sign a statement in four copies setting forth
the following:
• time the voting commenced and ended;
• serial numbers of the official ballots and
election returns, special envelopes and seals
received;
• number of official ballots used and the number
left unused;
• number of voters who cast their votes;
• number of voters challenged during the
voting;
• names of the watchers present;
• time the counting of votes commenced and
ended;
• number of official ballots found inside the
compartment for valid ballots;
• number of valid ballots retrieved from the
compartment for spoiled ballots, if any;
• number of ballots found folded together, if
any;
• number of spoiled ballots withdrawn from the
compartment for valid ballots;
• number of excess ballots;
• number of marked ballots;
• number of ballots read and counted;
• time the election returns were signed and
sealed in their respective special envelopes;
• number and nature of protests made by
watchers;
• such other matters that the Commission may
require.
ONE UP LAW
VI. The Election Proper
Copies of this statement after being duly
accomplished shall be sealed in separate envelopes
and shall be distributed as follows:
• the original to the city or municipal election
registrar;
• the second copy to be deposited inside the
compartment for valid ballots of the ballot
box;
• the third and fourth copies to the
representatives of the accredited political
parties. (Sec. 203, B.P. 881)
LIST OF UNUSED BALLOTS
The chairman of the board of election
inspectors shall prepare a list showing the number
of unused ballots together with the serial numbers.
This list shall be signed by all the members of
the board of election inspectors, after which all the
unused ballots shall be torn halfway in the
presence of the members of the board of election
inspectors. (Sec. 204, B.P. 881)
Counting Of Votes
The counting of votes is conducted by the
Board of Election Inspectors, which shall not
adjourn or postpone or delay the count until it has
been fully completed, unless otherwise ordered by
the COMELEC.
COUNTING PROPER
COUNTING TO BE PUBLIC AND WITHOUT
INTERRUPTION
As soon as the voting is finished, the board of
election inspectors shall publicly count in the
polling place the votes cast and ascertain the
results. The Board shall not adjourn or postpone or
delay the count until it has been fully completed,
unless otherwise ordered by the COMELEC.
VENUE FOR COUNTING OF VOTES
The COMELEC in the interest of free, orderly,
and honest elections, may order the board of
election inspectors to count the votes and to
accomplish the election returns and other forms
prescribed under the Omnibus Election Code in any
other place within a public building in the same
municipality or city. The public building shall not be
located within the perimeter of or inside a military
or police camp or reservation nor inside a prison
compound.
If it becomes necessary to transfer the
counting of votes to a safer place on account of
imminent danger of violence, terrorism, disorder or
similar causes, the Board of Election Inspectors
may effect such transfer by unanimous approval by
the Board and concurrence by the majority of the
watchers present. (Sec. 18, R.A. 6646)
MANNER OF COUNTING VOTES
1. The board of election inspectors shall unfold the
ballots and form separate piles of one hundred
ballots each, which shall be held together with
rubber bands, with cardboard of the size of the
ballots to serve as folders.
2. The chairman of the board of election inspectors
UP LAW BAROPS 2007
30 of 56
Election Laws
shall take the ballots of the first pile one by one
and read the names of candidates voted for and
the offices for which they were voted in the
order in which they appear thereon, assuming
such a position as to enable all of the watchers
to read such names.
3. The chairman shall sign and affix his right hand
thumbmark at the back of the ballot
immediately after it is counted.
4. The poll clerk, and the third member,
respectively, shall record on the election returns
and the tally board or sheet each vote as the
names voted for each office are read. (The
election returns are mandated by law to be
prepared simultaneously with the counting of
the votes.)
5. After finishing the first pile of ballots, the board
of election inspectors shall determine the total
number of votes recorded for each candidate,
the sum being noted on the tally board or sheet
and on the election returns. In case of
discrepancy such recount as may be necessary
shall be made. The ballots shall then be
grouped together again as before the reading.
Thereafter, the same procedure shall be
followed with the second pile of ballots and so
on successively.
6. After all the ballots have been read, the board
of election inspectors shall sum up the totals
recorded for each candidate, and the aggregate
sum shall be recorded both on the tally board or
sheet and on the election returns.
7. It shall then place the counted ballots in an
envelope provided for the purpose, which shall
be closed signed and deposited in the
compartment for valid ballots.
8. The tally board or sheet as accomplished and
certified by the board of election inspectors
shall not be changed or destroyed but shall be
kept in the compartment for valid ballots.
DUTIES OF THE BOARD OF ELECTION INSPECTORS IN
COUNTING THE VOTES
The board’s duties are confined to the conduct
of the elections and the counting of votes. The
board of election inspectors does not decide the
eligibility of candidates, and therefore has no
authority to ignore the votes for a candidate who
has filled out his certificate of candidacy in the
proper form.
Counting should be liberal to effectuate the
will of the electorate. Voters should not be
disenfranchised for technical causes.
It is the duty of the board of election
inspectors to issue a certificate of the number of
the votes received by a candidate upon request of
the watchers. All the members of the board of
election inspectors shall sign the certificate.
MARKED BALLOTS
MARKED BALLOTS DEFINED
Marked ballots are ballots containing a
distinguishing mark which would tend to identify
the voter who cast such ballot.
ONE UP LAW
VI. The Election Proper
PURPOSE OF DISALLOWING MARKED BALLOTS
Some unscrupulous persons taking advantage
of their influence or political prestige may require
voters to place a distinguishing “mark” on their
ballot, in consideration of some promise, reward or
other valuable consideration and to which the
voters would have no escape because of the
distinguishing marks required of them to place on
their ballots. This threatens the independence of
the voters in the exercise of their right to vote.
Hence, the prohibition on marked ballots.
EFFECT OF MARKED BALLOTS
Marked ballots are invalidated in their
entirety, and none of the votes therein are
counted.
DETERMINATION OF MARKED BALLOTS
In discounting marked ballots, great care
should be used in rejecting them. Election laws are
designed to effectuate the will of the electorate.
Only in an unmistakable case where the ballot
appeared to be marked, should it be rejected.
The determinative factor in the nullification of
ballots for being marked as following a design or
pattern, is the existence of evidence aliunde
tending to show the intention or purpose in the use
of the contested manner or means of voting, which
is to identify the ballots. In the absence of
evidence aliunde clearly showing the intention or
plan was for purposes of identification, signs on
ballots are presumed accidental.
A majority vote of the board of election
inspectors shall be sufficient to determine whether
a ballot is marked or not.
All marked ballots shall be placed in an
envelope labeled "marked ballots" which shall be
sealed and signed by the members of the board of
election inspectors and placed in the compartment
for valid ballots and shall not be counted.
INSTANCES OF MARKED BALLOTS
Non-official ballots which the board of election
inspectors may find, EXCEPT those which have
been used as emergency ballots, are
considered as marked ballots. Other examples of
marked ballots include the following:
• Where 170 ballots were voted for in the same
manner and there is evidence aliunde to prove
that such manner of voting was planned.
• Where the name of 1 candidate is clearly and
markedly indented to the right to make the
ballot easily distinguishable.
• Use of two or more kinds of writing
deliberately put by the voter to serve as
identification marks.
• Writing the name of a person who is not a
candidate 3 times on 3 spaces provided for in
different offices.
• Expressions opposite the space for candidates
written for the purpose of identification.
• The inclusion of the names of 2 well-known
movie stars who were not candidates.
• Writing the name of a registered voter who is
not a candidate.
• The placing, without explanation of initials,
UP LAW BAROPS 2007
31 of 56
Election Laws
after the corrected names of candidates for
mayor and vice-mayor.
• Placing a big letter “X” immediately after the
name of a candidate for councilor.
• The capital letter “N” opposite the printed
words for senators.
• Writing the word “sinador” in a place far and
separate from the proper spaces for
candidates.
• Writing impertinent, irrelevant and
unnecessary expression
• Placing the fingerprint of the voter without
reason.
• The presence of an arrow together with the
words “and party”.
INSTANCES WHEN BALLOT IS NOT CONSIDERED
MARKED
The following ballots have been considered
NOT marked:
• Writing the word “sorry” after the name of a
candidate as an expression of regret for
committing a mistake.
• Canceling names and re-writing them to
conform with a sample ballot.
• Misspelling the name of a candidate.
• Illegible writings, being imprints of other
names written on the ballot caused by the
folding of the same.
• Writing crosses and circles signifying the
desistance of the voter to write any other
name.
• Writing a word before the name of a candidate
as an appellation of affection or friendship.
• Affixing the nickname of a candidate.
• Innocent erasures in the spaces for the
candidates.
• Corrected name written over the canceled one
on the space for councilor although he is a
candidate for mayor.
• Mistakes in writing names of local candidates
in spaces for senators and writing again the
names of his candidates for councilors in the
proper spaces.
• Unintentional, accidental, unintelligible marks
or words.
• Accidental placing of a stain.
• Voting names of non-candidates in the
absence of evidence that these names were
used as identifying marks.
APPRECIATION OF BALLOTS
GUIDING PRINCIPLES IN THE APPRECIATION OF
BALLOTS
DOUBTS are to be resolved in FAVOR of the
validity of ballots. The purpose is of election laws is
to give effect and not to frustrate the WILL of the
voter.
LIBERAL CONSTRUCTION in reading the
ballots, and intendments should be in favor of a
reading which render the ballot EFFECTIVE rather
than in favor of a conclusion which on some
technical grounds would render it ineffective.
Minor blemishes should not affect the validity
of the ballot where the intention of the voter to
vote for certain persons is discernible in the ballot.
ONE UP LAW
VI. The Election Proper Election Laws
Errors in spelling, honest mistakes due to Woman candidate uses her A ballot bearing
ignorance or illiteracy should not defeat the MAIDEN NAME or MARRIED only such surname
intention of the voter. However, if the ballot is so NAME or BOTH, and there is shall be counted in
defective as to fail to show any intention, it must another candidate with the favor of the
be disregarded. SAME SURNAME candidate who is an
INCUMBENT.
Sanchez v. COMELEC (153 SCRA 67)
Appreciation of ballots is a function of the BEI, 2 or more words are written on Vote shall NOT be
not the Board of Canvassers. the SAME LINE on the ballot, counted for any of
and ALL of which are the them UNLESS one
Bautista v. Castro (206 SCRA 305) SURNAMES of 2 or MORE is the surname of
CANDIDATES the incumbent who
In appreciating a ballot, the object should be
has served for at
to ascertain and carry into effect the intention of
least 1 year –
the voter if it can be determined with reasonable counted for the
certainty. INCUMBENT

RULES FOR APPRECIATION OF BALLOTS 2 or more words are written on

(Sec. 211, BP 881) DIFFERENT LINES on the ballot,
Every ballot shall be PRESUMED VALID ALL of which are the SURNAMES
UNLESS there is clear and good reason to reject it. of 2 MORE CANDIDATES bearing Vote counted in
the same surname for an favor of ALL
OFFICE of r which the law CANDIDATES
BALLOT HOW COUNTED authorizes the election of MORE bearing the
THAN ONE and there are the surname
Ballots containing the name of a
SAME NUMBER of such
candidate affixed thereto
Totally VOID SURNAMES written as there are
through any MECHANICAL
candidates with that surname
process
1 word is written on the ballot
Ballot clearly appears to have Vote counted for
which is the FIRST NAME of a
been FILLED by 2 DIFFERENT the OPPONENT
Totally VOID candidate and which is also the
PERSONS before deposited in (SURNAME)
SURNAME of his opponent
ballot box
2 words written on the ballot, 1
Ballot written with CRAYON,
of which is the FIRST NAME of Vote shall NOT be
LEAD PENCIL or INK, wholly or Valid
the candidate and the other is counted for either
in part
the SURNAME of his opponent
INITIALS only or ILLEGIBLE or Considered as a
Name or surname INCORRECTLY
does NOT sufficiently identify STRAY vote BUT
WRITTEN which when READ has
the candidate for whom it is shall NOT invalidate Vote counted in
a SOUND SIMILAR to the name
intended the whole ballot favor of such a
or surname of a candidate when
candidate
Vote for a person who has not correctly written (Idem sonans
Considered as a rule)
filed a certificate of candidacy or
STRAY vote BUT
in favor of a candidate for an
shall NOT invalidate Name or surname of a candidate Vote shall be
office for which he did not
the whole ballot appears in the space of the counted for the
present himself
ballot for an office for which he candidate for the
Vote for a candidate who has Considered as a is a candidate and for an office office for which he
been disqualified by final STRAY vote but for which he is NOT a candidate is running for.
judgment shall not invalidate
the whole ballot Vote for the office
for which he is NOT
Only candidates’ FIRST NAME or a candidate shall be
SURNAME is written, and there considered a STRAY
Vote for the vote EXCEPT when
is NO other candidate with the
candidate is valid it is used to identify
same first name or surname for
the same office the voter in which
case the whole
Only candidates’ FIRST NAME is Vote counted in ballot is VOID.
written which when read has a favor of the
SOUND SIMILAR to the candidate with such Name of a candidate is NOT
SURNAME of another candidate SURNAME written in the PROPER SPACE on
Vote counted for
the ballot but is PRECEDED by
the candidate
If there are 2 or more the name of the OFFICE for
candidates with the SAME FULL which he is a candidate
NAME, FIRST NAME or
SURNAME, and one of them is Vote counted for Words written on the Vote counted in
the INCUMBENT, and on the the INCUMBENT APPROPRIATE BLANK on the favor of that
ballot is written ONLY such full ballot is the IDENTICAL NAME or candidate to whose
name, first name or surname SURNAME or FULL NAME of 2 or ticket belong all the
MORE candidates for the SAME other candidates
OFFICE, none of whom is the voted for in the

UP LAW BAROPS 2007 ONE UP LAW

32 of 56
VI. The Election Proper Election Laws

incumbent same ballot for the DIFFERENT SURNAME candidate having

same constituency. such first name BUT
the ballot is
PREFIXES such as "Sr.", "Mr.", considered valid for
"Datu", "Don", "Ginoo", "Hon.", PREFIXES AND other candidates
"Gob." or SUFFIXES like "Hijo", SUFFIXES are valid
"Jr.", "Segundo" 2 or more candidates are voted Vote NOT counted
for an office which the law in favor of any of
CIRCLES, CROSSES, LINES on Considered as signs authorizes election of only ONE them BUT the ballot
spaces which the voter has not of his desistance is considered valid
voted from voting and for other candidates
shall NOT invalidate
the ballot Candidates voted for EXCEED Valid ballot BUT the
the number of those to be votes counted are
Space in the ballot appears a elected those names which
Vote counted for
NAME of a candidate that is were FIRST
the one CLEARLY
ERASED and another CLEARLY WRITTEN by the
WRITTEN
WRITTEN voter until the
authorized number
ACCIDENTAL tearing or is covered
Shall NOT annul it
perforation of the ballot
Ballots totally written in ARABIC VALID (to read such
Failure to remove the in localities where it is of ballots, the board of
Shall NOT annul the
DETACHABLE COUPON from the GENERAL USE election inspectors
ballot
ballot can use an
interpreter who has
Erroneous initial of FIRST NAME
Shall NOT annul the shall taken an oath
accompanied by CORRECT
vote to read them
SURNAME of the candidate
correctly)
Erroneous initial of SURNAME
Shall NOT annul the
accompanied by CORRECT FIRST Note that a vote for the President is no longer
vote
NAME of the candidate considered a vote for the Vice-President running
under the same ticket as the 1987 Constitution
Erroneous MIDDLE INITIAL Shall NOT annul the
already prohibits block voting. (Although the party-
vote
list system may be deemed as an exemption to
The fact that there exists that prohibition.)
another person who is NOT a Shall NOT annul the
candidate with the same first vote ELECTION RETURNS
name or surname of a candidate
DEFINITION
COMMAS, DOTS, HYPHENS The election returns are the official document
between the first name and containing the date of the election, the province,
surname of the candidate or on Shall NOT invalidate municipality and the precinct in which it is held,
other parts of the ballot the ballot UNLESS it and the votes received by each candidate written in
clearly appears that figures and in words. It is the document on which
Traces of letter “T” or “J” or they were the Certificates of Canvass are based, and is the
similar ones deliberately put by only document that constitutes sufficient evidence
the voter as
of the true and genuine results of the elections.
First letters or syllables of IDENTIFICATION
(See Garay v. COMELEC, 261 SCRA 222)
names which the voters does marks in which
not continue case, the ballot is
UNINTENTIONAL or VOID NUMBER OF COPIES AND THEIR DISTRIBUTION
ACCIDENTAL flourishes, strokes, (Sec. 27, R.A. 7166, as amended by R.A. 8045 and
strains R.A. 8173)
The board of election inspectors shall prepare
NICKNAMES and APPELATIONS Shall NOT annul the in their handwriting the returns in their polling
of affection and friendship vote EXCEPT when places, in the number of copies herein provided
accompanied by the FIRST such is used to and in the form to be prescribed and provided by
NAME or SURNAME of the identify the voter in the COMELEC.
candidate which case, the
whole ballot is In the election of President, Vice-President,
VOID
Senators, and Members of the House of
NICKNAME used is one by which Vote counted for Representatives, the copies of the election returns
the candidate is generally or the candidate IF shall be distributed as follows:
POPULARLY KNOWN in the there is no other 1st Copy: City or municipal board of canvassers
locality and UNACCOMPANIED candidate for the 2nd Copy: Congress, directed to the Senate
by a first name or surname of SAME OFFICE with President
the candidate the SAME 3rd Copy: COMELEC
NICKNAME 4th Copy: Dominant majority party, as determined
by the COMELEC
CORRECTLY written FIRST NAME Vote NOT counted 5th Copy: Dominant minority party, as determined
of the candidate with a in favor of any by the COMELEC

UP LAW BAROPS 2007 ONE UP LAW

33 of 56
VI. The Election Proper
6th Copy: Citizens' arm authorized by the
COMELEC to conduct an unofficial count
7th Copy: Deposited inside the compartment of the
ballot box for valid ballots
In the election of local officials, the copies of
the election returns shall be distributed as follows:
1st Copy: City or municipal board of canvassers
2nd Copy: COMELEC
3rd Copy: Provincial board of canvassers
4th Copy: Dominant majority party, as determined
by the COMELEC
5th Copy: Dominant minority party, as determined
by the COMELEC
6th Copy: Citizens' arm authorized by the
COMELEC to conduct an unofficial count
7th Copy: Deposited inside the compartment of the
ballot box for valid ballots
ANNOUNCEMENT OF RESULTS OF ELECTIONS
The chairman of the Board of Election
Inspectors shall make an ORAL and PUBLIC
ANNOUNCEMENT of the TOTAL number of votes in
the polling place for EACH candidate by the upon
the completion of the election returns.
ISSUANCE OF THE CERTIFICATE OF VOTES
CERTIFICATE OF VOTES DEFINED
The certificate of votes is a document which
contains the number of votes obtained by each
candidate written in words and figures, the number
of the precinct, the name of the city or municipality
and province, the total number of voters who voted
in the precinct, and the date and time issued. It
must be signed and thumb marked by each
member of the Board. (Sec. 16, R.A. 6646)
DUTY OF BOARD TO ISSUE CERTIFICATE
It is the duty of the board of election
inspectors to issue a certificate of the number of
the votes received by a candidate upon request of
the duly-accredited watchers. (Sec. 16, R.A. 6646)
Refusal to do so constitutes an election offense.
(Sec. 27, R.A. 6646)
ADMISSIBILITY IN EVIDENCE
The certificate of votes is admissible in
evidence to prove tampering, alteration,
falsification or any anomaly committed in the
election returns concerned, when duly
authenticated by testimonial or documentary
evidence presented to the Board of Canvassers by
at least 2 members of the Board of Election
Inspectors who issued the certificate. This is
notwithstanding the provisions of Secs. 235 and
236 of BP 881.
The Certificate of Votes is evidence likewise of
the votes obtained by the candidates. (Balindong v.
COMELEC, 27 SCRA 567) However, it was held in
the case of Garay v. COMELEC (261 SCRA 222)
that a Certificate of Votes can never be a valid
basis for canvass, and does not constitute sufficient
evidence of the true and genuine results of the
elections; only election returns are.
Failure to present any certificate of votes shall
UP LAW BAROPS 2007
34 of 56
Election Laws
be a bar to the presentation of other evidence to
impugn the authenticity of the election returns.
(Sec. 17, R.A. 6646)
Canvass
CANVASS AND CERTIFICATE OF CANVASS
DEFINED
The canvass of votes refers to the process by
which the results in the election returns are tallied
and totaled.
Certificates of canvass are official
tabulations of votes accomplished by district,
municipal, city and provincial canvassers based on
the election returns, which are the results of the
ballot count at the precinct level.
NATURE OF CANVASS PROCEEDINGS
Canvass proceedings are administrative and
summary in nature.
A majority vote of all the members of the
board shall be necessary to render a decision. (Sec
255 BP 881)
Any registered political party, coalition of
parties, through their representatives, and any
candidate has a right to be present and to counsel
during the canvass of election returns. They shall
have the right to examine the returns being
canvassed without touching them, to make their
observations thereon, and file their charges in
accordance with the rules and regulations of the
COMELEC. ( sec 25, RA 6646)
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, BP881)
Grand Alliance for Democracy v. COMELEC (
150 SCRA 665)
Where it has been determined by the
COMELEC that actual voting and election by the
registered voters had taken place, the election
returns can not 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. The
summary nature of the proceedings require that
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,
can not invalidate the election returns which are
otherwise clean on their face.
Mastura v. COMELEC (285 SCRA 493)
The COMELEC may order the annulment of the
certificate of canvass which it found to be
ONE UP LAW
VI. The Election Proper Election Laws
tampered after examining the copies of the election PROHIBITIONS ON THE BOARD OF
returns of the municipal judge and COMELEC – CANVASSERS
because all the copies of the election returns are
original copies although the copy of the Municipal • The chairman and the members of the Board
Board of Canvassers is the original copy. of Canvassers shall not be related within the
4th civil degree of consanguinity or affinity to
Sec 15 RA 7166, does not specify that the any of the candidates whose votes will be
COMELEC shall use the copy of the election return canvassed by said board, or to any member of
of the Municipal Board of Canvassers in correcting the said board. (Sec. 222, B.P. 881)
a manifest error. • No member or substitute member of the
different boards of canvassers shall be
COMPOSITION OF THE BOARD OF CANVASSER transferred, assigned or detailed outside of his
(Sec. 221, BP 881, as amended by Sec. 20, RA official station, nor shall he leave said station
6646) without prior authority of the COMELEC during
the period beginning election day until the
PROVINCIAL CITY MUNICIPAL proclamation of the winning candidates. (Sec.
223, B.P. 881)
Chairman Provincial City election Election • No member of the board of canvassers shall
election registrar or a registrar or a feign illness in order to be substituted on
supervisor or lawyer of representative
lawyer in the COMELEC; of COMELEC
election day until the proclamation of the
regional office winning candidates. Feigning of illness
of the In cities with constitutes an election offense. (Sec. 224,
COMELEC more than 1 B.P. 881)
election
registrar,
COMELEC shall JURISDICTION OF COMELEC OVER THE
designate the BOARD OF CANVASSERS
election
registrar who COMELEC has direct control and supervision
shall act as
chairman
over the board of canvassers. Any member of the
Board may, at any time, be relieved for cause and
Vice provincial fiscal city fiscal municipal substituted motu propio by the COMELEC. (Sec.
Chair treasurer 227, B.P. 881)
Member provincial city most senior
superintendent superintendent district school COMELEC has the power to investigate and
of schools of schools supervisor or act on the propriety or legality of the canvass of
in his absence election returns made by the board of canvassers.
a principal of
the school
district or the
NATURE OF THE BOARD OF CANVASSERS’
elementary DUTIES
school
A canvassing board's task is to compile and
However, in case of non-availability, absence, add the results as they appear in the election
disqualification due to relationship, or incapacity for returns transmitted to it. (Guiao v. COMELEC, 137
any cause of any of the members of the Board of SCRA 366)
Canvassers, the COMELEC may appoint the
following as substitutes, in the order named: The COMELEC shall have direct control and
supervision over the board of canvassers.

PROVINCIAL CITY MUNICIPAL

During the canvass, the Board of Canvassers
Chairman Ranking lawyer Ranking Ranking lawyer of prepares the Statement of Voters, which is
of the lawyer of the the COMELEC tabulation per precinct of the votes obtain by the
COMELEC COMELEC candidates as reflected in the election returns. It is
this Statement of Votes which forces the basis of
Vice 1. Provincial 1. City 1. Municipal
Chairman auditor auditor or Administrator the certificate of canvass and of the proclamation.
2. Registrar of equivalent 2. Municipal
Deeds 2. Registrar Assessor; WHEN MINISTERIAL
3. Clerk of of Deeds; 3. Clerk of Court If there are no irregularities in the election
Court 3. Clerk of nominated by
returns, the duty of the Board in canvassing the
nominated Court the Executive
by the nominated Judge of the votes on the election returns submitted to it
Executive by the MTC; consists in the simple matter of arithmetic. Once
Judge of Executive 4. Any other the COMELEC or the board of canvassers is
the RTC; Judge of available satisfied in the authenticity of the returns, it has
4. Any other the RTC; appointive
available 4. Any other municipal
no power to look beyond the face thereof, and its
appointive available official task of tallying is merely ministerial.
provincial appointive
official city official When there is an error in the computation
which is discovered after proclamation, the board
Member Same as for Same as for Same as for Vice-
Vice-Chairman Vice-Chairman Chairman of canvassers can simply correct the error; the
remedy being purely administrative.

UP LAW BAROPS 2007 ONE UP LAW

35 of 56
VI. The Election Proper
WHEN QUASI-JUDICIAL
The board of canvassers must be satisfied that
the election returns submitted to it are genuine and
authentic. Thus, the board of canvassers will not be
compelled to canvass the returns when they are
found to be:
• obviously manufactured;
• contrary to probabilities;
• clearly falsified; or
• not legible
CANVASS BY THE BOARD
(Sec. 231, B.P. 881)
The Board of Canvassers must meet not later
than 6:00 p.m. on election day to receive the
election returns and canvass those received. The
Board of Canvassers must meet continuously from
day to day until the canvass is completed. The
Board of Canvassers may adjourn ONLY for the
purpose of awaiting other election returns. When it
adjourns, it shall make a total of all votes
canvassed so far for each candidate for each office
furnishing the COMELEC in Manila a certified copy
and to make available copies to the media and
other interested parties. The Board of Canvassers
must resume canvassing once more returns are
received.
The canvass proceedings must be open and in
public.
A majority vote of all the members of the
Board of Canvassers is needed in order to render a
decision.
PERIOD TO COMPLETE CANVASS
Subject to reasonable exceptions, the Board
of Canvassers is required to complete their canvass
within the following periods:
Municipalities: 36 hours
Cities not comprising at least 1 legislative district:
36 hours
Cities comprising at least 1 legislative district: 48
hours
Provinces: 72 hours
Any violation of this requirement is an election
offense. (Sec. 231, B.P. 881)
CANVASSING COMMITTEES
(Sec. 22, R.A. 6646)
The Board of Canvassers may constitute such
number of canvassing committees as may be
necessary for the board to complete the canvass
within the period prescribed.
Each committee shall be composed of 3
members, each member to be designated by the
chairman and members of the board. Before the
election, all candidates shall be notified in writing
of the number of committees to be constituted so
that they can designate their watchers in each
committee.
UP LAW BAROPS 2007
36 of 56
Election Laws
The committees shall be under the direct
supervision and control of the board.
PRINCIPLES GOVERNING CANVASS PROCEEDINGS
There must be a strong prima facie case
backed up by a specific offer of evidence, and an
indication of its nature and importance has to be
made out to warrant the reception of evidence
aliunde, for the presentation of witnesses and the
delays necessarily entailed thereby.
When COMELEC has determined after
investigation and examination of the voting and
registration records that ACTUAL VOTING and
ELECTION took place in the questioned precincts,
election returns cannot be disregarded but are
accorded prima facie status as bona fide reports of
the result of voting for canvassing and
proclamation purposes.
COMELEC should guard against
PROCLAMATION GRABBING and against attempts
to paralyze the canvassing and proclamation.
To allow a respondent to raise belated
questions before the COMELEC as to the returns
during the review of a case before the COMELEC,
which question has not been raised before the
board of canvassers, would mean undue delays in
the pre-proclamation proceedings.
The Supreme Court can review the decisions
of COMELEC ONLY in cases of grave abuse of
discretion in the discharge of QUASI-JUDICIAL
POWERS and not in the exercise of its
administrative duties.
CONCLUSIVENESS OF FINDINGS
The findings of the board of canvassers and
the certificate of election issued by them are not
conclusive but are merely PRIMA FACIE evidence of
the result and title to the office of those declared
elected.
As to all other collateral matters, the findings
of the board are conclusive. However, such findings
are not conclusive in a direct proceeding to try title
to the office.
The fact of having a plurality of votes lawfully
cast is what confers title to the office UNLESS one
is allowed to go behind the certificate or returns to
establish title to the office before the appropriate
tribunal.
ONE UP LAW
VI. The Election Proper Election Laws

DUTIES OF THE PROVINCIAL, CITY, DISTRICT AND MUNICIPAL BOARD OF CANVASSERS

(Sec. 28, R.A. 7166)

BOC CANVASS PREPARE PROCLAIM CERTIFICATE OF CANVASS

CERTIFICATE SUPPORTED BY
OF CANVASS

President President Elected Statement of Votes by precinct,

Vice-President Vice-President Municipal signed and thumb-marked by the
Senators Senators Officials chairman and members of the
Congressmen Congressmen Board, and the principal watchers if
Elective Elective available
Municipal
Provincial Provincial
Officials Officials
Elective
Municipal
Officials

City – cities which President President Elected City Statement of Votes by precinct,
don’t comprise at Vice-President Vice-President Officials signed and thumb-marked by the
least legislative Senators Senators chairman and members of the
district Congressmen Congressmen Board, and the principal watchers if
Elective Elective available
Provincial Provincial
Officials Officials
Elective City
Officials

City – cities President President Congress-men Statement of Votes by precinct,

comprising 1 or Vice-President Vice-President Elected City signed and thumb-marked by the
more legislative Senators Senators Officials chairman and members of the
districts Congressmen Board, and the principal watchers if
Elective City available
Officials

District BOC – for President President Congress-men Statement of votes by precinct

each municipality in Vice-President Vice-President Elected
Metro Manila Senators Senators Municipal
comprising a Congressmen Officials
legislative district Elective
Municipal
Officials

Municipal BOC – for President President Elected Statement of Votes by precinct,

each component Vice-President Vice-President Municipal signed and thumb-marked by the
municipality in a Senators Senators Officials chairman and members of the
legislative district in Congressmen Congressmen Board, and the principal watchers if
Metro Manila Elective available
Municipal
Officials

District BOC – in President President Elected Statement of votes by municipality,

each legislative Vice-President Vice-President Congressmen and the original copy thereof for
district comprising 2 Senators Senators in the Congress shall also be sup-ported
municipalities in Congressmen Legislative by Statement of Votes by precinct
Metro Manila District as submitted by the city or
municipal BOCs

Provincial President President Elected Statement of votes by

Vice-President Vice-President congressmen municipality, and the original
Senators Senators Elected copy thereof for Congress shall also
Congressmen Provincial be sup-ported by Statement of
Elective Officials Votes by precinct as submitted by
Provincial Plebiscite city or mun BOCs
Officials Results
Plebiscite
Results

UP LAW BAROPS 2007 ONE UP LAW

37 of 56
VI. The Election Proper
PREPARATION OF THE CERTIFICATE OF
CANVASS AND STATEMENT OF VOTES
CERTIFICATE OF CANVASS
The respective board of canvassers shall
prepare a certificate of canvass duly signed and
affixed with the imprint of the thumb of the right
hand of each member, supported by a statement of
the votes received by each candidate in each
polling place and, on the basis thereof, shall
proclaim as elected the candidates who obtained
the highest number of votes cast in the province,
city, municipality or barangay. (Sec. 231, B.P. 881)
Failure to comply with this requirement shall
constitute an election offense.
STATEMENT OF VOTES
The statement of votes is a tabulation per
precinct of votes garnered by candidates as
reflected in the election returns; its preparation is
an administrative function of the board, purely a
mechanical act over which COMELEC has direct
control and supervision.
The Statement of Votes supports the
certificate of canvass and is the basis of
proclamation. Consequently, any error in the
Statement of Votes would affect the proclamation
made on the basis thereof.
Failure to object to the Statement of Votes
before the Board of Canvassers does not constitute
a bar to raising the issue for the first time before
the COMELEC, as the law is silent as to when such
objection may be raised.
NUMBER OF COPIES OF THE CERTIFICATES OF
CANVASS AND THEIR DISTRIBUTION
(Sec. 29, R.A. 7166)
City or Municipal Board of Canvassers
The City or Municipal Board of Canvassers
shall prepare the certificates of canvass for
President, Vice-President, Senators, Members of
the House of Representatives, and Elective
Provincial Officials in 7 copies to be distributed as
follows:
1st copy: Provincial board of canvassers –
for canvassing of election results
for President, Vice-President,
Senators, Members of the House
of Representatives and Elective
Provincial Officials
2nd copy: COMELEC
3rd copy: To be kept by the chairman of the
board of canvassers
4th copy: Citizens' arm designated by the
COMELEC to conduct media-based
unofficial count
5th to 7th copies: Representatives of any 3 of 6
major political parties according to
the voluntary agreement of the
parties; if there is no agreement,
UP LAW BAROPS 2007
38 of 56
Election Laws
COMELEC shall decide based on
the criteria under sec. 26 of RA
7166
City Boards of Canvassers of cities comprising one
or more legislative districts, Provincial Boards of
Canvassers, and District Boards of Canvassers in
the Metro Manila area
The foregoing Boards of Canvassers shall
prepare the certificates of canvass for President,
Vice-President and Senators in 7 copies to be
distributed as follows:
1st copy: Congress, directed to the Senate
President for use in the canvass of
election results for President and
Vice-President
2nd copy: COMELEC, for use in the canvass
of the election results for Senators
3rd copy: To be kept by the chairman of the
board of canvassers
4th copy: Citizens' arm designated by the
COMELEC to conduct media-based
unofficial count
5th to 7th copies: Representatives of any 3 of 6
major political parties according to
the voluntary agreement of the
parties; if there is no agreement,
COMELEC shall decide based on
the criteria under sec. 26 of RA
7166
CONGRESS AS THE NATIONAL BOARD OF
CANVASSERS
(Sec. 30, R.A. 7166)
Congress shall determine the authenticity and
due execution of the certificate of canvass for
President and Vice President as accomplished and
transmitted by the local board of canvassers, on a
showing that:
1. Each certificate was executed, signed and
thumb marked by the chairman and members
of the board of canvassers and transmitted to
Congress by them;
2. Each certificate contains the names of all the
candidates for President, Vice-President, and
their corresponding votes in words and in
figures; and
3. There exists no discrepancy in other authentic
copies of the certificate or in the votes both in
words and figures in the same certificate.
COMPLETION OF THE CERTIFICATE OF CANVASS
If the certificate of canvass appears to be
incomplete, the Senate President shall require the
board of canvassers concerned to TRANSMIT (by
personal delivery within 2 days from notice) the
election returns from the polling places that were
not included in the certificate of canvass and
supporting statements.
When there appear erasures or alterations in
the certificate of canvass which may cast doubt as
to the veracity of the number of votes stated
ONE UP LAW
VI. The Election Proper
therein and may affect the result of the election,
Congress shall, for the sole purpose of verifying the
actual number of votes, COUNT the votes as they
appear in the copies of the election returns
submitted to it, upon request of a presidential or
vice-presidential candidate or their party. (Sec. 30,
R.A. 7166)
CANVASS OF VOTES FOR THE PRESIDENT AND VICE-
PRESIDENT
(Sec. 24, R.A. 8436)
The certificates of canvass for President and
Vice-President shall be duly certified by the board
of canvassers of each province or city.
The certificates of canvass for President and
Vice-President shall be transmitted to Congress,
directed to the Senate President. Upon receipt of
the certificates of canvass, the Senate President
shall not later than 30 days after the day of the
election OPEN all the certificates in the presence of
the Senate and the House of Representatives in
joint public session.
Congress upon the determination of the
authenticity and due execution thereof, shall
canvass the votes.
The person having the highest number of
votes shall be proclaimed elected. In case 2 or
more persons shall have an equal and highest
number of votes, one of them shall be chosen by
vote of MAJORITY of all the members of BOTH the
Senate and the House of Representatives, voting
separately.
To be discussed in the last part of this reviewer.
Makalintal v. Comelec
The Overseas Absentee Voting Act of 2003
insofar as it grants sweeping authority to the
Comelec 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.
Ruy Elias Lopez v. Senate of the Philippines
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.
Pimentel Jr. v. Joint Committee of Congress to
Canvass the Votes Cast for President and Vice
President
Even after Congress had adjourned its regular
session, it may continue to perform the
constitutional duty of canvassing the presidential
and vice-presidential election results without need
of any call for a special session by the President.
Proclamation
DUTIES OF BOARD OF CANVASSERS
After the canvass of election returns, in the
absence of a perfected appeal to the COMELEC, the
UP LAW BAROPS 2007
39 of 56
Election Laws
Board of Canvassers shall proclaim the candidates
who obtained the highest number of votes cast in
the province, city, municipality or barangay, on the
basis of the certificates of canvass. Failure to
comply with this duty constitutes an election
offense. (Sec. 231, B.P. 881)
The Board of Canvassers shall not proclaim
any candidate as winner unless authorized by the
COMELEC after the latter has ruled on any
objections brought to it on appeal by a losing
party. Any proclamation made in violation hereof
shall be void ab initio, unless the contested returns
will not adversely affect the results of the election.
Once the Board of Canvassers has completed
its duty, the board cannot meet again and re-
canvass the votes or reverse their prior decision
and announce different results.
WHEN PROCLAMATION VOID
A proclamation is void when it is based on
incomplete returns (Castromayor v. COMELEC, 250
SCRA 298) or when there is yet no complete
canvass (Jamil v. COMELEC, G.R. No. 123648, Dec.
15, 1997).
A void proclamation is no proclamation at all,
and the proclaimed candidate’s assumption into
office cannot deprive the COMELEC of its power to
annul the proclamation.
Utto v. Comelec (Gr 150111 Jan 31, 2002)
An incomplete canvass of votes is illegal and
cannot be made the basis of a proclamation. A
canvass cannot be reflective of the true vote of the
electorate unless all returns are considered and
none is omitted.
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.
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.
PARTIAL PROCLAMATION
(SEC. 21, R.A. 7166)
Notwithstanding the pendency of any pre-
proclamation controversy, the COMELEC may
summarily order the proclamation of other winning
candidates whose election will not be affected by
the outcome of the controversy.
ELECTION RESULTING IN A TIE (SEC. 240,
B.P. 881)
A tie occurs when:
a. 2 or more candidates receive an equal and
highest number of votes; or
b. 2 or more candidates are to be elected for the
same position and 2 or more candidates
received the same number of votes for the
LAST PLACE in the number to be elected.
ONE UP LAW
VI. The Election Proper Election Laws
The board of canvassers, by resolution, upon
5 days notice to all tied candidates, shall hold a
VII. MODES OF CHALLENGING
special PUBLIC MEETING at which the board shall CANDIDACY & ELECTION RESULTS
proceed to the DRAWING OF LOTS of the
candidates who have tied and shall proclaim as
elected the candidates who may be favored by Nuisance Candidates &
luck. Cancellation Of Certificate Of Candidacy

The candidates so proclaimed shall have the DECLARATION OF NUISANCE CANDIDACY

right to assume office in the same manner as if he (Sec. 5, R.A. 6646)
had been elected by plurality of vote.
GROUNDS FOR DECLARATION OF NUISANCE
The board of canvassers shall forthwith make CANDIDACY
a certificate stating the name of the candidate who See discussion under Certificate of Candidacy.
had been favored by luck and his proclamation on
the basis thereof. NATURE OF PROCEEDINGS
Proceedings to have a candidate declared as a
Nothing in the above shall be construed as nuisance candidate are summary in nature. In lieu
depriving a candidate of his right to contest the of oral testimonies, the parties may be required to
election. submit position papers together with affidavits or
counter-affidavits and other documentary
PROCLAMATION OF A LONE CANDIDATE evidence.
(R.A. 8295)
PROCEDURE FOR DECLARATION OF CANDIDATE AS
Upon the expiration of the deadline for the NUISANCE CANDIDATE
filing of certificates of candidacy in a special
election called to fill a vacancy in an elective What Filed
position other than for President and Vice- Verified petition
President, when there is only one (1) qualified
candidate for such position, the lone candidate Who May File
shall be proclaimed elected to the position by Any registered candidate for the same office
proper proclaiming body of the COMELEC without
holding the special election upon certification by When Filed
the COMELEC that he is the only candidate for the Within 5 days from the last day for the filing
office and is therefore deemed elected. (Sec. 2) of certificates of candidacy

In the absence of any lawful ground to deny Where Filed

due course or cancel the certificate of candidacy in
order to prevent such proclamation, as provided for
under Sec. 69 and 78 of the Omnibus Election
Code, the lone candidate shall assume office not
earlier than the scheduled election day. (Sec. 3)
The COMELEC shall decide petitions for
disqualification not later than election day.
Otherwise, such petitions shall be deemed
dismissed. (Sec. 3)
With the COMELEC
Procedure
1. The petition is filed with the COMELEC
personally or through duly-authorized
representative within 5 days from the last day
for the filing of certificates of candidacy. Filing
by mail is not allowed.
2. Within 3 days from the filing of the petition, the
COMELEC shall issue summons to the
respondent candidate, together with a copy of
the petition and its enclosures, if any.
3. The respondent shall then have 3 days from
receipt of the summons to file his verified
answer (not a motion to dismiss) to the
petition, serving copy thereof upon the
petitioner. Grounds for a motion to dismiss may
be raised as an affirmative defense.
4. The COMELEC may then designate any of its
officials who are lawyers to hear the case and
receive evidence. In lieu of oral testimonies, the
parties may be required to submit position
papers together with affidavits or counter-
affidavits and other documentary evidence. The
hearing officer shall immediately submit to the
COMELEC his findings, reports, and
recommendations within 5 days from the
completion of such submission of evidence.
5. The COMELEC shall then render its decision
within 5 days from receipt of the findings of the
hearing officer. This decision shall be
disseminated by the COMELEC to the city or

UP LAW BAROPS 2007 ONE UP LAW

40 of 56
VII. Modes of Challenging Candidacy and Election Results
municipal election registrars, boards of election
inspectors, and the general public in the
political subdivision concerned within 24 hours
through the fastest available means.
6. After 5 days from receipt of the parties, the
decision becomes final and executory unless
stayed by the Supreme Court.
CANCELLATION OF CERTIFICATE OF
CANDIDACY
GROUNDS FOR CANCELLATION OF CERTIFICATE OF
CANDIDACY
A certificate of candidacy may be cancelled or
denied due course on either of the following
grounds:
1. False material representation in the certificate
of candidacy;
2. If the certificate filed is a substitute Certificate
of Candidacy, when it is not a proper case of
substitution under Sec. 77 of BP 881 (Sec. 2,
Rule 24, COMELEC Rules of Procedure)
NATURE OF PROCEEDINGS
Proceedings for cancellation or denial of due
course of a certificate of candidacy are summary in
nature.
PROCEDURE
Who May File
Any citizen of voting age, or a duly registered
political party, organization, or coalition of political
parties
When Filed
Within 5 days from the last day for the filing
of certificates of candidacy
Where Filed
With the Law Department of the COMELEC
Pre-Proclamation Controversies
MEANING OF PRE-PROCLAMATION
CONTROVERSY
A pre-proclamation controversy refers to any
question or matter pertaining to or affecting the
proceedings of the board of canvassers, or any
matter raised under Sec. 233-236 of BP 881 in
relation to the preparation, transmission, receipt,
custody and appreciation of the election returns.
(Sec. 241, BP 881)
The institution of the pre-proclamation
controversy was intended to prevent the nefarious
practice known as “grab-the-proclamation,
prolong-the-protest”.
JURISDICTION
The COMELEC has exclusive jurisdiction over
pre-proclamation cases. It may order, motu propio
or upon written petition, the partial or total
suspension of the proclamation of any candidate-
elect or annul partially or totally any proclamation,
if one has been made. (Sec. 242, BP 881)
UP LAW BAROPS 2007
41 of 56
Election Laws
Olfato v. Comelec ( 103 SCRA 741)
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.
It is immaterial if some of the grounds
adduced are grounds for an election contest rather
than for a pre-proclamation controversy.
WHEN NOT ALLOWED
Pre-proclamation controversies on matters
relating to the preparation, transmission, receipt,
custody and appreciation of the election returns or
the certificates of canvass, are not allowed for the
following positions:
• President
• Vice President
• Senator
• Member of the House of Representatives (Sec.
15, R.A. 7166)
However, this does not preclude the authority
of the appropriate canvassing body motu propio or
upon written complaint of an interested person to
correct manifest errors in the certificate of canvass
or election returns before it.
NATURE OF PROCEEDINGS
All pre-proclamation controversies shall be
heard summarily by the COMELEC after due notice
and hearing. This is because canvass and
proclamation should be delayed as little as
possible. Questions which require more deliberate
and necessarily longer consideration are left for
examination in the corresponding election protest.
(Sison v. COMELEC, G.R. No. 134096. March 3,
1999)
Parties adversely affected by a ruling of the
board of canvassers on questions affecting the
composition or proceedings of the board may
appeal the matter to the Commission with 3 days
from a ruling thereon. The Commission shall
summarily decide the case within 5 days from the
filling thereof ( Sec 19 RA 7166)
Dimaporo v. COMELEC
The policy behind limiting the issues of the
pre-proclamation controversy is to determine as
quickly as possible the results of the elections on
the basis of the canvass. It may well be true that
the public policy may occasionally permit the
occurrence of grab the proclamation and prolong
the protest situations; that public policy however,
balances the possibility of such situations against
the shortening of the period during which no
winners are proclaimed, a period commonly fraught
with tension and danger for the public. For those
who disagree with the policy, the recourse is with
the legislature.
The mandatory requirement to comply with
the procedure for a pre-proclamation controversy is
in view of the policy to have a quick determination
of the election results.
ONE UP LAW
VII. Modes of Challenging Candidacy and Election Results
MANIFEST ERRORS
The Comelec may entertain petitions for the
correction of “manifest errors” in the Certificate of
Canvass or in the election returns.
Election Laws
Laodeno v. Comelec ( 276 SCRA 705)
By participating in the proceedings, the
petitioner is deemed to have acquiesced in the
composition of the Board of Canvassers.

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 GR no. 148941-42 Mar 12, 2002)
Bince v. Comelec
A petition for correction of errors in the
Certificate of Canvass may be filed at any time
before proclamation.
Torres v. Comelec
Although the provision applies to a pre-
proclamation controversy, there is nothing to
prevent its application to cases in which the validity
of the proclamation is in question.
Since the Statement of Votes is the basis of
the Certificate of Canvass and of the proclamation,
any error in the Statement affects the validity of
the proclamation.
2. Canvassed election returns are either:
a. Incomplete
b. contain material defects
c. appear to be tampered with or falsified
d. contain discrepancies in the same returns or
in other authentic copies
Patoray v. Comelec (249 SCRA 440)
It is an error for the Comelec to exclude from
the canvass election returns where the defect in
the return refers only to some incomplete data.
Where the Certificate of Votes shows
tampering, alteration and falsification, or any other
anomaly in the preparation of the election return,
the Comelec should order a recount of the votes
cast in the precinct, after determining that the
ballot box has not been tampered with. The failure
of the Comelec to do so, after excluding the return,
will result in the disenfranchisement of the voters
in the particular precinct.
Neither can the Certificate of Votes be used
for the canvass because it was signed only by the
Chairman.
3. The election returns were:
a. prepared under duress, threats, coercion,
intimidation or
b. obviously manufactured or not authentic

Ramirez v. Comelec Lagumbay v. Comelec (16 SCRA 175)

Corrections should be made by inserting the The Supreme Court empowered the
corrections in the Statement of Votes or by Commission on Elections to nullify certain
preparing a new Statement of Votes incorporating contested returns on the ground of "statistical
the corrections. improbabilities", when WE sustained the
authority of the Commission to examine voting
Pre-proclamation Cases of Actions for records, the number of ballots and the number of
cases Annulment of Election votes reportedly cast and tallied for each and every
Results candidate, when the returns are obviously false or
or Declaration of Failure of fabricated. In said case, WE, adopted "a practical
Elections approach to the Commissions mission to insure a
free and honest elections" by denying prima facie
Restricted to an Comelec may conduct recognition to the election returns on the ground
examination of the technical examination of that they were manifestly manufactured or
lection returns on election documents and falsified.
their face. compare and analyze voters’
signatures and fingerprints in
4. Substituted or fraudulent returns in
Without jurisdiction order to determine whether or
controverted polling places were canvassed, the
to go beyond or not the elections had indeed
behind elections been free, honest and clean
results of which materially affected the standing
returns and of the aggrieved candidate(s).
investigate election 5. Manifest errors in the Certificates of Canvass or
irregularities Election Returns (Sec. 15, R.A. 7166; Chavez v.
COMELEC, 211 SCRA 315)
Lee v. Comelec It must be noted that this enumeration is
Where there is a prima facie showing that the restrictive and exclusive. The complete election
return is not genuine, the principle that in pre- returns whose authenticity is not questioned must
proclamation cases, the Comelec is without be prima facie considered valid for purposes of
jurisdiction to go beyond or behind the election canvass and proclamation. To allow a re-count or a
returns and investigate irregularities, does not re-appreciation of the votes in every instance
apply. would paralyze canvass and proclamation.
ISSUES THAT MAY BE RAISED ISSUES THAT CANNOT BE RAISED
1. Illegal composition or proceedings of the board Jurisprudence has held that the following
of election canvassers

UP LAW BAROPS 2007 ONE UP LAW

42 of 56
VII. Modes of Challenging Candidacy and Election Results
issues are not proper in a pre-proclamation
controversy:
• Appreciation of ballots, as this is performed by
the Board of Election Inspectors at the
precinct level and is not part of the
proceedings of the Board of Canvassers
(Sanchez v. COMELEC, 153 SCRA 67,
reiterated in Chavez v. COMELEC, 211 SCRA
315);
• Technical examination of the signatures and
thumb marks of voters (Balindong v.
COMELEC, 260 SCRA 494; Matalam v.
COMELEC, 271 SCRA 733);
• Prayer for re-opening of ballot boxes (Alfonso
v. COMELEC, G.R. No. 107847, June 2, 1994);
• Padding of the Registry List of Voters of a
municipality, massive fraud and terrorism
(Ututalum v. COMELEC, 181 SCRA 335);
• Challenges directed against the Board of
Election Inspectors (Ututalum v. COMELEC,
supra)
• Fraud, terrorism and other illegal electoral
practices. These are properly within the office
of election contests over which electoral
tribunals have sole, exclusive jurisdiction.
(Loong v. COMELEC)
PROCEDURE
The procedure for filing a pre-proclamation
controversy depends on the issue being raised:
1. QUESTIONS INVOLVING THE COMPOSITION OR
PROCEEDINGS OF THE BOARD OF CANVASSERS, OR
CORRECTION OF MANIFEST ERRORS
Where
The controversy may be initiated either in the
Board of Canvassers or directly with the COMELEC.
(Sec. 17, R.A. 7166)
When
It depends:
a. If petition involves the illegal composition or
proceedings of the board, it must be filed
immediately when the board begins to act as
such (Laodeno v. COMELEC, 276 SCRA 705), or
at the time of the appointment of the member
whose capacity to sit as such is objected to if it
comes after the canvassing of the board, or
immediately at the point where the proceedings
are or begin to be illegal. Otherwise, by
participating in the proceedings, the petitioner
is deemed to have acquiesced in the
composition of the Board of Canvassers.
b. If the petition is for correction, it must be filed
not later than 5 days following the date of
proclamation, and must implead all candidates
who may be adversely affected thereby. (Sec.
5(b), Rule 27, COMELEC Rules of Procedure)
Procedure
If filed with the Board first:
1. Petitioner submits his / her objection to the
chairman of the board of canvassers.
2. The Board makes its ruling.
3. Within 3 days from the ruling, the parties
adversely affected may appeal the matter to the
UP LAW BAROPS 2007
43 of 56
Election Laws
COMELEC.
4. Upon appeal, the COMELEC shall summarily
decide the case within 5 days from the filing
thereof. (Sec. 19, R.A. 7166)
If initiated directly with the COMELEC:
1. Petitioner files petition with the COMELEC.
2. Upon the docketing of such petition, the Clerk
of Court concerned shall issue summons with a
copy of the petition to respondents.
3. The Clerk of Court concerned shall immediately
set the petition for hearing. The COMELEC shall
hear and decide the petition en banc.
The Board of Canvassers shall not commence,
proceed or resume canvass unless otherwise
ordered by the COMELEC. (Sec. 5, Rule 27,
COMELEC Rules of Procedure)
2. MATTERS RELATING TO THE PREPARATION,
TRANSMISSION, RECEIPT, CUSTODY AND
APPRECIATION OF THE ELECTION RETURNS AND
CERTIFICATES OF CANVASS
Where
Only with the Board of Canvassers
When
At the time the questioned return is presented
for inclusion in the canvass.
Who
Any candidate, political party or coalition of
political parties
Procedure
1. The contesting party makes an oral objection to
the chairman of the Board of Canvassers at the
time the questioned return is presented for
inclusion in the canvass. Such objection is
recorded in the minutes of canvass.
Simultaneous with the oral objection, the
objecting party enters his objection in the form
for written objections prescribed by the
COMELEC.
2. Upon receipt of such objection, the Board
automatically defers the canvass of the
contested returns and proceeds to canvass the
returns which are not contested by any party.
3. Within 24 hours from and after the presentation
of such objection, the objecting party submits
the evidence in support of the objection, which
shall be attached to the form for written
objections.
Within the same 24-hour period, any party may
file a written and verified opposition to the
objection in the prescribed COMELEC form,
attaching supporting evidence, if any. The
Board shall not entertain any objection or
opposition unless reduced to writing in the
prescribed forms.
4. The Board chairman immediately and formally
admits the evidence attached to the objection
or opposition by affixing his signature at the
back of each and every page thereof.
5. Upon receipt of the evidence, the Board
considers the objection and the opposition, and
summarily rules on the objection. The Board
then enters its ruling on the prescribed form
ONE UP LAW
VII. Modes of Challenging Candidacy and Election Results
and authenticates the same by entering the
signatures of all its members.
6. The parties adversely affected by the ruling
immediately inform the Board if they intend to
appeal the ruling. Such information is then
entered in the minutes of canvass.
7. The Board then sets aside the returns and
proceeds to consider the other returns. The
Board then suspends the canvass after all the
uncontested returns have been canvassed and
the contested return ruled upon by it.
8. Within 48 hours from the ruling, the party
adversely affected files a written and verified
notice of appeal with the Board. The party then
files an appeal with the COMELEC within a non-
extendible period of 5 days thereafter.
9. Immediately upon receipt of the notice of
appeal, the Board makes an appropriate report
to the COMELEC, elevating therewith the
complete records and evidence submitted in the
canvass, and furnishing the parties with copies
of the report.
10. The COMELEC summarily decides the appeal
within 7 days from receipt of the record and
evidence elevated to it by the Board.
11. The COMELEC's decision becomes executory
after the lapse of 7 days from receipt thereof by
the losing party.
12. The COMELEC then authorizes the Board of
Canvassers to proceed with the proclamation of
the winner. Any proclamation made without
COMELEC authorization is void ab initio, unless
the contested returns do not adversely affect
the results of the election. (Sec. 20, R.A. 7166)
This procedure is mandatory. Non-compliance
with any of the steps above is fatal to the pre-
proclamation petition.
EFFECT OF FILING OF PRE-PROCLAMATION
CONTROVERSY
The period to file an election contest shall be
SUSPENDED during the pendency of the pre-
proclamation contest in the COMELEC or the
Supreme Court. (Alangdeo v. COMELEC, June
1989)
The right of the prevailing party in the pre-
proclamation contest to the execution of
COMELEC’s decision does not bar the losing party
from filing an election contest.
Despite the pendency of a pre-proclamation
contest, the COMELEC may order the proclamation
of other winning candidates whose election will not
be affected by the outcome of the controversy.
EFFECT OF PROCLAMATION OF WINNING
CANDIDATE
A pre-proclamation controversy shall no
longer be viable after the proclamation and
assumption into office by the candidate whose
election is contested. The remedy is an election
protest before the proper forum. (Mayor v.
COMELEC, January 1989)
The prevailing candidate may still be unseated
UP LAW BAROPS 2007
44 of 56
Election Laws
even though he has been proclaimed and installed
in office if:
1. The opponent is adjudged the true winner of
the election by final judgment of court in an
election contest;
2. The prevailing party is declared ineligible or
disqualified by final judgment of a court in a
QUO WARRANTO case; or
3. The incumbent is removed from office for
cause.
Abella v. Larrazabal
Pre-proclamation controversies are summary
in nature. The policy behind election law is that
pre-proclamation controversies should be
summarily decided, consistent with the law’s desire
that the canvass and proclamation be delayed as
little as possible. Thus, questions as to the
appreciation of ballots and the conduct of the
campaign and balloting, which require more
deliberate and necessarily longer consideration are
proper for an election contest.
The dismissal of a pre-proclamation
controversy does not mean that the disqualification
case is moot and academic. The two are
independent of each other. The purpose of the pre-
proclamation controversy is to ascertain the
winners in the elections on the basis of election
returns duly authenticated by the board of
inspectors and admitted by the board of
canvassers. The purpose of the disqualification
proceeding is to prevent the candidate from
running, or if elected, from serving, or to prosecute
him for violation of election laws. The mere fact
that a candidate has been proclaimed does not
signify that his disqualification is deemed condoned
and may no longer be the subject of a separate
investigation.
Agbayani v. COMELEC
The proclamation of a winning candidate
makes a pre-proclamation controversy no longer
viable. The remedy is an election protest, but this
is only true where there is a valid proclamation or
where the proclamation is based on a complete
canvass. Where it is claimed that there was an
incomplete canvass or that certain returns should
have been omitted because they were
manufactured and other returns cannot be included
because they have been irretrievably lost, the pre-
proclamation controversy should still be continued
despite the proclamation of the supposed winner.
COMELEC may in such a pre-proclamation
controversy determine if the proclamation should
be annulled.
The proclamation of the winner does not
prevent COMELEC from continuing with the pre-
proclamation controversy against the winner and
after annulling its proclamation.
Petition To Annul Or Suspend
Proclamation
The filing with the COMELEC of a petition to
annul or to suspend proclamation suspends the
running of the period to file an election protest.
(Alangdeo v. COMELEC, June 1989)
No law provides for a reglementary period
ONE UP LAW
VII. Modes of Challenging Candidacy and Election Results
within which to file a petition for the annulment of
an election if there is as yet no proclamation.
(Loong v. COMELEC, 257 SCRA 1)
There is no fixed time frame within which to
file a petition to annul a proclamation, the same
being limited only by the standard of
reasonableness.
Declaration Of Failure Of Election
NATURE OF PETITION TO DECLARE A FAILURE
OF ELECTION
A petition to declare a failure of election is
neither an election protest nor a pre-proclamation
controversy. (Borja v. COMELEC, 260 SCRA 604)
GROUNDS FOR DECLARATION
See discussion under Election Proper.
JURISDICTION OF COMELEC
The COMELEC, sitting en banc, may declare a
failure of election by a majority vote of its
members. (Sec. 4, R.A. 71660
The COMELEC, in the case of actions for
annulment of election results or declaration of
failure of elections, may conduct technical
examination of election documents and compare
and analyze voters' signatures and fingerprints in
order to determine whether or not the elections
had indeed been free, honest and clean. (Loong v.
COMELEC, supra)
REQUISITES FOR THE DECLARATION OF
FAILURE OF ELECTION
Before the COMELEC can act on a verified
petition seeking a declaration of failure of election,
the following conditions must concur:
1. No voting has taken place in the precincts
concerned on the date fixed by law, or even if
there was voting, the election nonetheless
resulted in a failure to elect; and
2. The votes cast would affect the results of the
election. (Mitmug v. COMELEC, 230 SCRA 54;
Loong v. COMELEC, supra; Hassan v. COMELEC,
264 SCRA 125)
The election is only to be set aside when it is
impossible from any evidence within reach to
ascertain the true result – when neither from the
returns nor from other proof can the truth be
determined (i.e. where the illegality affects more
than 50% of the total number of votes cast and the
remainder does not constitute a valid
constituency).
PROCEDURE
1. Petitioner files verified petition with the Law
Department of the COMELEC.
2. Unless a shorter period is deemed necessary by
circumstances, within 24 hours, the Clerk of
Court concerned serves notices to all interested
UP LAW BAROPS 2007
45 of 56
Election Laws
parties, indicating therein the date of hearing,
through the fastest means available.
3. Unless a shorter period is deemed necessary by
the circumstances, within 2 days from receipt of
the notice of hearing, any interested party may
file an opposition with the Law Department of
the COMELEC.
4. The COMELEC proceeds to hear the petition.
The COMELEC may delegate the hearing of the
case and the reception of evidence to any of its
officials who are members of the Philippine Bar.
5. The COMELEC then decides whether to grant or
deny the petition. This lies within the exclusive
prerogative of the COMELEC.
Disqualification Cases
GROUNDS FOR DISQUALIFICATION
See discussion under Certificates of Candidacy.
PRIORITY OF DISQUALIFICATION CASES
The COMELEC and the courts shall give
priority to cases of disqualification for violation of
the Omnibus Election Code, to the end that a final
decision shall be rendered not later than 7 days
before the election in which the disqualification is
sought. (Sec. 72, BP 881)
PROCEDURE
WHO MAY FILE
Any citizen of voting age, or
Any duly registered political party,
organization or coalition of political parties
WHERE
Law Department of the COMELEC
WHEN
Any day after the last day for filing of
certificates of candidacy, but not later than the
date of proclamation
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
disqualified before an election and he is
subsequently voted for and receives the winning
number of votes in such election, the COMELEC or
the courts shall continue with the trial and hearing
of the action, inquiry, or protest and may order the
suspension of the proclamation of such candidate
during the pendency of the case upon motion of
the complainant or any intervenor, provided that
evidence of his guilt is strong. (Sec. 6, R.A. 6646)
The fact that the candidate who obtained the
highest number of votes is later declared to be
disqualified or not eligible for the office to which he
was elected, does not necessarily entitle the
candidate who obtained the second highest number
of votes to be declared the winner of the elective
office.
ONE UP LAW
VII. Modes of Challenging Candidacy and Election Results
Sanchez v. COMELEC (153 SCRA 67)
Supreme Court said Sanchez’ petition for
recount and/or re-appreciation of ballots may NOT
be considered a pre-proclamation controversy for
the ff. reasons:
1. An election return is “incomplete” if there is an
omission in the election return of the name of
any candidate and/or his corresponding votes,
or in case the number of votes for a candidate
had been omitted. Here, the name of Sanchez
as well as the number of votes counted and
appreciated in his favor by the BEI. Errors in
appreciation of ballots by the BEI are proper
subject for an election protest and not for a
pre-proclamation contest.
2. Appreciation of votes is not part of the
proceedings of the Board of Canvassers, it is
performed by the BEI at the precinct level.
3. Enumeration of issues which may be raised in a
pre-proclamation controversy under sec. 243 BP
881 is restrictive and exclusive. The complete
election returns whose authenticity is not in
question must be prima facie considered valid
for the purpose of canvass and proclamation.
4. 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 for the loser
to demand a recount. The policy of the law is
that a pre-proclamation controversy should be
summarily decided.
5. The ground for recount relied upon 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.
Patoray v. Comelec (279 SCRA 470)
Objections to the inclusion of election returns
are directed primarily at the ballots reflected in the
returns, this involves appreciation of ballots and
cannot be raised in an election protest.
Balindong v. Comelec (260 SCRA 494)
Technical examination of signatures and
thumb marks of voters runs counter to the nature
and scope of a pre-proclamation contest; the
remedy is to raise these issues in an election
protest.
Alfonso v. Comelec (June 2, 1994)
The prayer for re-opening of ballot boxes is
not a proper issue in a pre-proclamation
controversy but should be threshed out in an
election contest
Villaroya v. Comelec (155 SCRA 633)
In a pre-proclamation contest, the Comelec
may order the correction of a clerical error in the
Statement of Votes (by Board of Canvassers) to
correspond to the figures reflected in the election
returns—even if the candidate/ representative
failed to file the timely protest during canvassing,
as the error in the Statement of Votes was not
apparent on its face.
UP LAW BAROPS 2007
46 of 56
Election Laws
Duremdes v. Comelec (178 SCRA 746)
Failure to object to the Statement of Votes
before the Board of Canvassers is not a bar to
raising the issue before the Comelec for the first
time; the law is silent as to when they may be
raised.
Castromayor v. Comelec (250 SCRA 298)
Any party dissatisfied with the ruling of the
BoC 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 if Canvass and the proclamation,
petitioner begs the question by saying that this is
not a pre-proclamation controversy and the
procedure for PPC cannot be applied to the
correction of the computation of the total number
of votes obtained by the candidates in the
Statement of Votes.
Mentang v. Comelec (Feb. 4, 1994)
The SC declared it has already ruled that the
filing of a petition to annul a proclamation
suspends the running of the 10-day period within
which to file an election contest, provided that the
allegations, which when proved, will render the
proclamation null and void. Such petition may be
filed directly with the Comelec even as a pre-
proclamation controversy, provided it is done
within ten days after proclamation
Bince v. Comelec (242 SCRA 273)
Comelec may annul a proclamation on
account of a mathematical error committed by the
Board of Canvassers in the computation of votes
received. Petition for correction may be filed at any
time before proclamation and there is nothing to
suggest this cannot be applied when validity of
proclamation is precisely in question.
Ututalum v. Comelec (181 S 335)
Padding of Registry of Voters of a municipality
not a listed ground for pre-proclamation
controversy
Lazatin v. Comelec (157 SCRA 337)
Issue of validity of proclamation and
irregularities connected therewith is a matter
properly addressed to the HRET.
Darantinao v. Comelec (June 1989)
Comelec has the power to inquire whether
members of the Board of Canvassers are qualified
or not, 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 suspend the proclamation shall suspend
the period to file an election protest.
Mayor v. Comelec (Jan. 1989)
After proclamation and assumption of office,
the proper remedy is an election protest, not a pre-
proclamation controversy.
ONE UP LAW
VII. Modes of Challenging Candidacy and Election Results
Election Contests
ELECTION CONTESTS, DEFINED
These are adversarial proceedings by which
matters involving the title or claim to an elective
office, made before or after proclamation of the
winner, is settled whether or not the contestant is
claiming the office in dispute. The purpose of an
election contest is to ascertain the candidate
lawfully elected to office.
NATURE OF ELECTION CONTESTS
An election contest is imbued with public
interest.
The election contest must be liberally
construed to favor the will of the people. An
election contest may not be defeated by mere
technical objections.
Until and unless the election protest is decided
against him, a person who has been proclaimed as
duly elected has the lawful right to assume and
perform the duties and functions of the office.
DISTINCTION BETWEEN PRE-PROCLAMATION
CONTROVERSY AND ELECTION CONTEST
1. The Dividing line: Proclamation of candidate
2. Jurisdiction
a. Pre-proclamation controversy
i. The jurisdiction of COMELEC is
administrative/quasi-judicial
ii. It is governed by the requirements of
administrative due process
b. Election contest
i. The jurisdiction of COMELEC is judicial
ii. It is governed by the requirements of
judicial process
3. In some cases, even if the case (involving
municipal officials) began with the COMELEC
before proclamation but a proclamation is made
before the controversy is resolved, it ceases to
be a pre-proclamation controversy and becomes
an election contest cognizable by the RTC.
4. However, in some cases, the SC has recognized
the jurisdiction of COMELEC over municipal
cases even after proclamation.
JURISDICTION OVER ELECTION CONTESTS
SUPREME COURT
The Supreme Court, sitting en banc, shall be
the sole judge of all contests relating to the
election, returns, and disqualifications of the
President, Vice-President, and may promulgate its
rules for such purpose. (Art. VII, Sec. 4, 1987
Constitution)
ELECTORAL TRIBUNALS OF THE SENATE AND HOUSE
OF REPRESENTATIVES
The Senate and the House of Representatives
have their own electoral tribunals. Each electoral
tribunal has 9 members: 3 Supreme Court Justices,
6 members of the Senate or House of
Representatives, as the case may be, who shall be
chosen on the basis of proportional representation
UP LAW BAROPS 2007
47 of 56
Election Laws
from the political parties and the parties or
organizations registered under the party-list
system represented therein. (Art. VI, Sec. 17,
1987 Constitution)
For purposes of election contests cognizable
by the Electoral Tribunals, the rules of procedure of
such tribunals shall prevail over the provisions of
the Omnibus Election Code. (Lazatin v. HRET, 168
SCRA 39)
COMELEC
The COMELEC has exclusive original
jurisdiction over all election contests relating to the
elections, returns, and qualifications of all elective:
1. Regional Officials;
2. Provincial Officials; and
3. City Officials
Decisions in these cases may be appealed to
the Supreme Court.
The COMELEC has appellate jurisdiction over
all contests involving elective municipal officials
decided by trial courts of general jurisdiction (i.e.,
Regional Trial Courts) or involving elective
barangay officials decided by trial courts of limited
jurisdiction (i.e., the Municipal Trial Courts).
Decisions, final orders, or rulings of the
COMELEC on election contests involving elective
municipal and barangay offices shall be final,
executory and not appealable. (Sec. 2, Art. IX-C,
1987 Constitution) Note, however, that this does
not preclude a recourse to the Supreme Court by
way of a special civil action for certiorari. (Galido v.
COMELEC, 193 SCFA 78)
REGIONAL AND MUNICIPAL TRIAL COURTS
The Regional Trial Courts and Municipal Trial
Courts have exclusive original jurisdiction over
municipal and barangay officials, respectively.
It must be noted that cases involving
qualifications of candidates for the Sangguniang
Kabataan filed before the election are decided by
the Election Officer, while those filed after the
election are decided by the MTCs. (Nachura, p.
389)
POWERS OF THE COMELEC IN RELATION TO
ELECTION CONTESTS
The power of COMELEC to decide election
cases includes the power to determine the validity
or nullity of votes.
The COMELEC has the power to issue writs of
certiorari, prohibition, and mandamus. However,
this power can only be exercised in aid of its
appellate jurisdiction. (Relampagos v. Cumba, 243
SCRA 690)
KINDS OF ELECTION CONTESTS
There are 2 kinds of election contests that
may be filed: an election protest, and a quo
warranto case.
ONE UP LAW
VII. Modes of Challenging Candidacy and Election Results
ELECTION PROTEST
Who May File
Any candidate who has filed a certificate of
candidacy and has been voted upon for the same
office, and who has not himself caused or
contributed to the irregularities or frauds of which
he complains
Grounds
Fraud, terrorism, irregularities or illegal acts
committed before, during or after the casting and
counting of votes
Periods for Filing
Within 10 days from proclamation of the
results of the election
Where, after 5 days from the proclamation of
the winning candidate, the loser files a motion for
reconsideration in the pre-proclamation
controversy, there are only 5 days which remain of
the period within which to file an election protest.
(Roquero v. COMELEC, 289 SCRA 150)
Procedure
1. For protests filed with the COMELEC (Rule
20 vis-à-vis Rules 10-19, COMELEC Rules of
Procedure)
a. Protestant files a verified petition with the
COMELEC within 10 days from proclamation
and pays the required docket fees. Failure to
pay the basic docket fee will result in the
dismissal of the protest. (Gatchalian v.
COMELEC, 245 SCRA 208)
b. The Clerk of Court of the COMELEC or the
division concerned issues the corresponding
summons to the protestee within 3 days
from the filing of the petition.
c. Protestee must file an answer within 5 days
from service of summons and a copy of the
petition. The protestee may incorporate in
his answer a counter-protest or
counterclaim.
The COMELEC may not entertain a counter-
protest filed beyond the reglementary period
to file the same. (Kho v. COMELEC, G.R. No.
124033, Sept. 25, 1997)
d. Protestant has 5 days from receipt of the
answer or answer with counterclaim or
counter-protest to file his reply or answer to
counter-protest or counterclaim,
respectively.
If no answer is filed to the protest or
counter-protest, a general denial is deemed
to have been entered.
e. After the issues have been joined, the case
shall be set for hearing and presentation and
reception of evidence.
f. After the case has been submitted for
decision, the COMELEC shall render its
decision. If the case is being heard by a
Division, the case shall be decided within 10
days. If it is being heard by the COMELEC en
banc, it shall be decided within 30 days.
g. The decision of a division becomes final and
executory after the lapse of 15 days
following its promulgation. The aggrieved
party may file a timely motion for
UP LAW BAROPS 2007
48 of 56
Election Laws
reconsideration within 5 days from
promulgation of the decision on the grounds
that the evidence is insufficient to justify the
decision; or that the said decision is contrary
to law.
For the COMELEC en banc, the decision
becomes final and executory 30 days from
its promulgation.
Veloria v. Comelec (211 SCRA 907)
A motion for the reconsideration of the RTC
decision is a prohibited pleading and does not
interrupt the 5-day period for appeal.
Garcia v. De Jesus (206 SCRA 779)
But the Comelec cannot deprive the RTC of its
competence to order execution of its decision
pending appeal, this being a judicial prerogative
and there being no law not authorizing the same;
besides, the Comelec rules would deprive the
prevailing party of a substantial right to move for
such relief.
Relampagos v. Cumba (243 SCRA 502)
In the exercise of its exclusive appellate
jurisdiction, the Comelec has the power to issue
writs of prohibition, mandamus or certiorari,
because the last par. of sec. 50 BP 697 is still in
full force and effect and has not been repealed nor
amended by BP 881. (abandons Veloria and
Garcia)
Galido v. Comelec (193 SCRA 78)
The fact that decisions, final orders or rulings
of the Comelec in appealed cases involving elective
municipal and barangay officials are final,
executory and unappealable does not preclude a
recourse to the Supreme Court by way of a special
civil action for certiorari. (But only when Comelec’s
factual determination is marred by grave abuse of
discretion = Alvarez v. Comelec)
Puzon v. HRET (Feb. 1989)
The Supreme Court declared the review of a
decision of the Electoral Tribunal is possible only in
the exercise of supervisory or extraordinary
jurisdiction, and only upon showing that the
Tribunal’s error results from a whimsical,
capricious, unwarranted, arbitrary or despotic
exercise of power.
Lazatin v. HRET (168 SCRA 391)
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.
2. For protests filed with the Regional Trial
Courts (Rule 35, COMELEC Rules of Procedure)
a. Protestant files a verified petition with the
RTC within 10 days from proclamation.
b. Protestee must file an answer within 5 days
after receipt of notice of the filing of the
petition and a copy of the petition.
c. Should the protestee desire to impugn the
votes received by the protestant in other
precincts, he may file a verified counter-
protest within the same period fixed for the
filing of the answer.
ONE UP LAW
VII. Modes of Challenging Candidacy and Election Results
d. Protestant has 5 days from receipt of the
counter-protest to file his answer to such
counter-protest.
e. Any other candidate for the same office may
intervene in the case within 5 days from
filing of the protest by filing a verified
petition-in-intervention. The protestant or
protestee shall answer the protest-in-
intervention within 5 days after notice.
f. If no answer is filed to the protest, counter-
protest or protest-in-intervention within the
specified time limits, a general denial is
deemed to have been entered.
g. After the issues have been joined, the case
shall be set for hearing. Presentation and
reception of evidence shall be completed
within 30 days from the date of the
commencement thereof.
h. The Court shall decide the election contest
within 30 days from the date it is submitted
for decision, but in every case within 6
months after its filing. Such decision shall
declare who among the parties has been
elected, or in a proper case, that none of
them has been legally elected.
i. The decision becomes final 5 days after its
promulgation. No motion for reconsideration
shall be entertained.
Should an aggrieved party wish to appeal
the decision to the COMELEC, he may do so
by filing a notice of appeal within 5 days
from promulgation of the decision.
EFFECT OF DEATH OF PROTESTANT
The death of the protestant does not
extinguish an election protest. An election protest
is imbued with public interest which raises it onto a
plane over and above ordinary civil actions,
because it involves not only the adjudication of the
private interest of the rival candidates but also the
paramount need of dispelling once and for all the
uncertainty that beclouds the real choice of the
electorate with respect to who shall discharge the
prerogatives of the office within their gift. (De
Castro v. COMELEC, 267 SCRA 806)
However, it is not the heirs of the deceased
who shall be the successors-in-interest to the suit,
but the succeeding candidate-elect. For example, if
the deceased was a candidate for governor, the
real party in interest in the continuation of the
proceedings is the Vice-Governor-elect, as he or
she will succeed in the event that the protestant is
declared to be the person lawfully elected to the
office.
Arao v. Comelec (210 SCRA 290)
Failure of 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 a 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.
UP LAW BAROPS 2007
49 of 56
Election Laws
Emi v. Comelec (243 SCRA 706)
The Court upheld the authority of the Comelec
to determine whether ballots had been written by
one or two 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
Bulaong v. Comelec (220 SCRA 745)
An order regarding the revision of ballots is an
interlocutory order because it still requires a party
to perform certain acts leading to the final
adjudication of the case
Miriam Defensor Santiago v. Fidel Valdez
Ramos (253 SCRA 599)
Election protest filed by Santiago rendered
moot and academic by the election of Santiago as
a Senator in the May 1995 elections and
assumption of office, thus effectively considered as
having abandoned or withdrawn her protest or at
the very least, in the language of Moraleja v
Relova, abandoned her “determination to protect
and pursue the public interest involved on who is
the real choice of the electorate.”
Gatchalian v. Comelec (245 SCRA 208)
The period for filing an election protest is
suspended during the pendency of a pre-
proclamation controversy.
The protestant has to pay a docket fee of
P300.00 and an additional docket fee if there is a
claim for damages. For failure to pay the basic
docket fee, the protest should be dismissed.
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.
QUO WARRANTO
Who May File
Any registered voter in the constituency
Grounds
Ineligibility or disloyalty to the Republic of the
Philippines
Period for Filing
Within 10 days from proclamation of the
results of the election
Sampayan v. Daza (213 SCRA 807)
Petition for prohibition filed by residents of N.
Samar in the Supreme Court against Cong. Daza
dismissed:
1. because case already moot and academic,
Daza’s term to end in June 30, 1992
ONE UP LAW
VII. Modes of Challenging Candidacy and Election Results
2. SC without jurisdiction, HRET proper forum as
sole judge of all contests relating to the
election, returns and qualifications of House of
Rep. members
3. As a de facto officer, Daza cannot be made to
reimburse funds disbursed during his term of
office, bec. his acts are valid.
Frivaldo v. Comelec (174 SCRA 245)
Since Frivaldo’s copy of certificate of
naturalization obtained only in Sept. 1988, the
petition for disqualification may still be considered
as having been seasonably filed even if filed more
than seven months from the proclamation.
AWARD OF DAMAGES
Actual or compensatory damages may be
granted in all election contests or in quo warranto
proceedings in accordance with law. (Sec. 259,
B.P. 881)
Evidence On The Election
The following may be used as evidence in
contesting the results of the election:
1. ELECTION RETURNS
Election returns are properly used as evidence
in an election contest when what is involved is the
correctness of the number of votes of each
candidate, and the ballots cannot be produced or
are not available.
2. BALLOTS
Ballots are properly used as evidence when
the election returns are not available.
3. POLL-BOOKS AND TALLY SHEETS
Poll-books and tally sheets may be used as
evidence where by law, poll-books or tally sheets
are required to be kept.
4. ELECTION OFFICIALS
Election officials may be called to testify in the
absence of ballots, tally sheets or poll-books.
5. VOTERS
Voters may testify where the illegality consists
in the casting of votes by persons unqualified,
unless it can be shown for whom they voted, it
cannot be allowed to change the result.
6. CERTIFICATE OF VOTES
The provisions of Sections 235 and 236 of the
Omnibus Election Code notwithstanding, the
certificates of votes shall be admissible in evidence
to prove tampering, alteration, falsification or any
anomaly committed in the election returns
concerned, when duly authenticated by testimonial
or documentary evidence presented to the board of
election inspectors who issued the certificate.
The failure to present any certificate of votes
shall be a bar to the presentation of other evidence
to impugn the authenticity of the election returns.
UP LAW BAROPS 2007
50 of 56
Election Laws
VIII. ELECTION OFFENSES
Jurisdiction Over Election Offenses
The Regional Trial Courts have exclusive
original jurisdiction to try and decide any criminal
actions or proceedings for violation of election
laws. (Sec. 268, B.P. 881; Juan v. People, G.R. No.
132378, January 18, 2000)
Prosecution Of Election Offenses
The COMELEC has the exclusive power to
investigate and prosecute cases involving violations
of election laws. (Sec. 2 (6), Art. IX-C, 1987
Constitution; Sec. 268, B.P. 881; De Jesus v.
People, 120 SCRA 760) However, it may validly
delegate the power to the Provincial Prosecutor or
to the Ombudsman.
But it is not the duty of the Comelec as
investigator and prosecutor to gather proof in
support of a complaint field before it (Kilosbayan v.
Comelec, GR No. 128054, Oct. 16, 1997)
In the event that the COMELEC fails to act on
any complaint within 4 months from its filing, the
complainant may file the complaint with the fiscal
or the Department of Justice, if warranted. (Sec.
265, B.P. 881)
Preferential Disposition Of Election
Offenses
Investigation and prosecution of election
offenses shall be given priority by the COMELEC.
The investigating officer shall resolve the case
within 5 days from submission.
The courts shall give preference to election
cases over all other cases except petitions for writ
of habeas corpus. Their trial shall be commenced
without delay and shall be conducted continuously
until terminated, and the case shall be decided
within 30 days from its submission for decision.
(Sec. 269, B.P. 881)
Election Offenses
The various election offenses are enumerated
primarily under Sec. 261 of B.P. 881. However,
other election laws provide for other election
offenses. Some of the more significant offenses
include the following:
REGISTRATION
• Failure of the Board of Election Inspectors to
post the list of voters in each precinct. (Sec.
9, R.A. 7166);
• Change or alteration or transfer of a voter's
precinct assignment in the permanent list of
voters without the express written consent of
the voter (Sec. 4, R.A. 8189)
ONE UP LAW
VIII. Election Offenses
CERTIFICATE OF CANDIDACY
• Continued misrepresentation or holding out as
a candidate of a disqualified candidate or one
declared by final and executory judgment to
be a nuisance candidate (Sec. 27f, R.A.
6646);
• Knowingly inducing or abetting such
misrepresentation of a disqualified or nuisance
candidate (Sec. 27f, R.A. 6646);
• Coercing, bribing, threatening, harassing,
intimidating, terrorizing, or actually causing,
inflicting or producing violence, injury,
punishment, torture, damage, loss or
disadvantage to discourage any other person
or persons from filing a certificate of
candidacy in order to eliminate all other
potential candidates from running in a special
election (Sec. 5, R.A. 8295);
ELECTION CAMPAIGN
• Appointment or use of special policemen,
special agents or the like during the campaign
period (Sec. 261m, B.P. 881)
• Use of armored land, water or aircraft during
the campaign period (Sec. 261r, B.P. 881)
• Unlawful electioneering (Sec. 261k, B.P. 881)
• Acting as bodyguards or security in the case
of policemen and provincial guards during the
campaign period (Sec. 261t, B.P. 881)
• Removal, destruction, obliteration, or
tampering of lawful election propaganda, or
preventing the distribution thereof (Sec. 83,
B.P. 881 vis-à-vis Sec. 262, B.P. 881)
VOTING
• Vote-buying and vote-selling (Sec. 261a, B.P.
881)
• Conspiracy to bribe voters (Sec. 261b, B.P.
881)
A disputable presumption of a conspiracy to
bribe voters is created when there is proof
that at least 1 voter in different precincts
representing at least 20% of the total
precincts in any municipality, city or province
has been offered, promised or given money,
valuable consideration or other expenditure by
a candidate's relatives, leaders and/or
sympathizers for the purpose of promoting the
election of such candidate. (Sec. 28, R.A.
6646)
• Coercion of subordinates to vote for or against
any candidate (Sec. 261d, B.P. 881)
• Dismissal of employees, laborers, or tenants
for refusing or failing to vote for any candidate
(Sec. 261d(2), B.P. 881)
• Being a flying voter (Sec. 261z (2), B.P. 881)
COUNTING OF VOTES
• Tampering, increasing, decreasing votes, or
refusal to correct tampered votes after proper
verification and hearing by any member of the
board of election inspectors (Sec. 27b, R.A.
6646)
• Refusal to issue to duly accredited watchers
the certificate of votes cast and the
UP LAW BAROPS 2007
51 of 56
Election Laws
announcement of the election, by any
member of the board of election inspectors
(Sec. 27c, R.A. 6646)
CANVASSING
• Any chairperson of the board of canvassers
who fails to give notice of meeting to other
members of the board, candidate or political
party as required (Sec. 27e, R.A. 6646)
ACTS OF GOVERNMENT OR PUBLIC OFFICERS
• Appointment of new employees, creation of
new positions, promotion, or giving salary
increases within the election period (Sec.
261g, B.P. 881)
• Transfer of officers and employees in the civil
service within the election period without the
prior approval of the COMELEC (Sec. 261h,
B.P. 881)
People v. Reyes (247 SCRA 328)
Transfer or detail of a government officer or
employee will not be penalized if done to promote
efficiency in the government service. To prove
violation, two elements must concur: 1) The fact of
transfer or detail within the election period as fixed
by the Comelec; and 2) The transfer or detail was
made without prior approval of the Comelec, in
accordance with its IRR. Here the transfer was
made 1 day prior to Comelec’s issuance of Res. No.
2333, which prescribed the rules and regulations
on how to obtain Comelec approval for such
transfers.
• Intervening of public officers and employees
in the civil service in any partisan political
activity (Sec. 261i, B.P. 881)
• Use of public funds for an election campaign
(Sec. 261o, B.P. 881)
• Illegal release of prisoners before and after
election (Sec. 261n, B.P. 881)
• Release, disbursement or expenditure of
public funds during the prohibited period (Sec.
261v, B.P. 881)
• Construction of public works, etc. during the
prohibited period (Sec. 261w, B.P. 881)
• Suspension of elective local officials during the
election period without prior approval of the
COMELEC (Sec. 261x, B.P. 881)
COERCION, INTIMIDATION, VIOLENCE
• Coercion of election officials and employees
• Threats, intimidation, terrorism, use of
fraudulent devices or other forms of coercion
(Sec. 261e, B.P. 881)
• Use of undue influence (Sec. 261j, B.P. 881)
• Carrying deadly weapons within the prohibited
area (Sec. 261p, B.P. 881)
Mappala v. Judge Nunez (240 SCRA 200)
It is not necessary that the deadly weapon be
seized from the accused while he was in the
precinct or within a radius of 100 meters
therefrom; enough that the accused carried the
deadly weapon within the prohibited radius during
any of the days and hours specified in the law.
ONE UP LAW
VIII. Election Offenses
• Carrying firearms outside residence or place
of business (Sec. 261q, B.P. 881)
• Organization or maintenance of reaction
forces, strike forces, or similar forces during
the election period (Sec. 261u, B.P. 881)
OTHER PROHIBITIONS
• Unauthorized printing of official ballots and
election returns with printing establishments
that are not under contract with the COMELEC
(Sec. 27a, R.A. 6646)
• Wagering upon the results of elections (Sec.
261c, B.P. 881)
• Sale, etc. of intoxicating liquor on the day
fixed by law for the registration of voters in
the polling place, or the day before the
election or on election day (Sec. 261dd (1),
B.P. 881)
• Opening booths or stalls within 30 meters of
any polling place (Sec, 261dd (2), B.P. 881)
• Holding fairs, cockfights, etc. on election day
(Sec. 261dd (3), B.P. 881)
• Refusal to carry election mail during the
election period (Sec. 261dd (4), B.P. 881). In
addition to the prescribed penalty, such
refusal constitutes a ground for cancellation or
revocation of certificate of public convenience
or franchise.
• Discrimination in the sale of air time (Sec.
261dd (5), B.P. 881) In addition to the
prescribed penalty, such refusal constitutes a
ground for cancellation or revocation of the
franchise.
FAILURE TO REGISTER OR VOTE
Art. V, Sec. 1 of the 1987 Constitution states
that suffrage "may" be exercised by qualified
citizens of the Philippines, as compared to the 1935
and 1973 Constitutions which used the term
"shall." Thus, it can be said that under the current
Constitution, failure to register or to vote is no
longer an election offense.
Other election offenses under RA 6646
• Person who violated provisions against
prohibited forms of election propaganda
• If the chairman of the BEI fails to affix his
signature at the back of the official ballot, in
the presence of the voter, before delivering
the ballot to the voter. (under RA 7166)
Good Faith Not A Defense
Election offenses are generally mala prohibita.
Proof of criminal intent is not necessary. Good
faith, ignorance, or lack of malice is not a defense;
the commission of the prohibited act is sufficient.
(People v. Bayona, 61 Phil. 181; People v. Fuentes,
181 Phil. 186)
UP LAW BAROPS 2007
52 of 56
Election Laws
Penalties
FOR INDIVIDUALS
• Imprisonment of not less than 1 year but not
more than 6 years, without probation (Sec.
264, B.P. 881)
• Disqualification to hold public office;
• Deprivation of the right of suffrage
FOR A FOREIGNER
• Imprisonment of not less than 1 year but not
more than 6 years (without probation);
• Deportation after service of sentence
FOR A POLITICAL PARTY
• Payment of a fine not less than P10,000 after
a criminal conviction
PERSONS REQUIRED BY LAW TO KEEP
PRISONERS IN THEIR CUSTODY
For prisoners illegally released from any
penitentiary or jail during the prohibited period,
where such prisoners commit any act of
intimidation, terrorism or interference in the
election, the Director of the Bureau of Corrections,
provincial warden, jail keeper or persons who are
required by law to keep said prisoners in their
custody shall, if convicted, be sentenced to suffer
prison mayor in its maximum period. (Sec. 264,
B.P. 881)
Arrests In Connection With The Election
Campaign
No person shall be arrested or detained at any
time for any alleged offense committed during and
in connection with any election through any act or
language tending to support or oppose any
candidate, political party or coalition of political
parties under or pursuant to any order of whatever
name or nature and by whomsoever issued except
only upon a warrant of arrest issued by a
competent judge after all the requirements of the
Constitution have been strictly complied with.
Prescription
Election offenses prescribe 5 years from the
date of their commission.
If the discovery of the offense be made in an
election contest proceeding, the period of
prescription shall commence on the date on which
the judgment in such proceedings becomes final
and executory. (Sec. 267, B.P. 881)
ONE UP LAW
IX. Special Laws Election Laws

IX. SPECIAL LAWS

RA 7941 – Party-List System Act

• Seeks to promote proportional representation

• Any party already registered need not register
anew. File manifestation not later than 90
days before election.

Grounds for refusing or canceling registration

of Party-Lists groups
1. Religious sect or denomination, organization
2. Advocates violence
3. Foreign party or organization
4. Receives foreign support
5. Violates election law
6. Untruthful statements in its petition
7. Ceased to exist for at least one year
8. Failed to participate in the last two preceding
elections or fails to obtain at least 2% of the
votes cast under the party-list system in the 2
preceding elections for the constituency in
which it has registered

Nomination of party-list reps should not include

any candidate for any elective office or a person
who has lost his bid for an elective office in the
immediately preceding election

Incumbent sectoral representatives in the

House of Representatives who are nominated in the
party-list system shall not be considered resigned

Party List Reps constitute 20% of the total

number of the members of the House of Reps
including those under the party-list

HOW DO WE DETERMINE THE NUMBER OF

PARTY LIST SEATS IN THE HOUSE OF REPS?

Formula: (# of District Reps / 0.80) x 0.20 = # of

party list reps

• The 5 major political parties are now entitled

to participate in the party list system
• Parties receiving at least 2% of the total votes
cast for the party-list system shall be entitled
to one seat each
• No party shall be entitled to more than 3
seats
• Currently, there are 260 (208/0.80) seats. So
20 % of 260 are 52 seats. But this is only a
ceiling.
• A list with 5 names should be submitted to
COMELEC as to who will represent the party in
the Congress.
• Ranking in the list submitted determines who
shall represent party or organization.

MAY POLITICAL PARTIES PARTICIPATE IN

THE PARTY-LIST ELECTIONS?

Yes, provided that the political parties

themselves represent the marginalized and under
represented sectors, parties and organizations.
(Ang Bagong Bayani-OFW Labor Party v. COMELEC,
G. R. No. 147589 26 June 2001).

UP LAW BAROPS 2007 ONE UP LAW

53 of 56
 special thanks to:
Office of the College Secretary
UP College of Law

UP Law Center

UP College of Law Library

UP Law BarOps 2006

Review Committee
I Peter Dizon . Jam Jacob . Randy Remonte

I
Bodee Tandog [head] . Len Abellar
Subject Committee [Election Law] Jan Lee . Miles Malaya

Armi Bayot [head] . Chino Baybay [deputy]

Information Management Committee
I Theresa Roldan . Lem Arenas . Mitch Lim
Jen Lee . Keisie Marfil