ELECTION LAW REVIEW

A. BAUTISTA N. DE VEGA 2ND TRIMESTER, SY 2007-2008 A. Election in General Batas Pambansa Blg. 881, otherwise known as the Omnibus Election Code (OEC), is the basic law on elections. While legislations have been enacted every time an election is scheduled, the OEC remains the fundamental law on the subject. Other Pertinent Laws on Election: 1. Republic Act No. 9189 or the Overseas Absentee Voting Act of 2003 2. Republic Act No. 8189, otherwise known as the Voter’s Registration Act of 1996 3. Republic Act No. 7941, otherwise known as the Party List System Act 4. Republic Act No. 9006, otherwise known as the Fair Election Act 5. Republic Act No. 6646, otherwise known as the Electoral Reform Law of 1987 6. Republic Act No. 7166, providing for Synchronized National and Local Elections 7. Republic Act No. 8436, an Act Authorizing the COMELEC to use Automated Election System Elections: 1. It is the embodiment of the popular will, the expression of the sovereign power of the people. 2. It involves the choice or selection of candidates to public office by popular vote. 3. It refers to the conduct of the polls. 4. As used in the Constitution, it includes all election sin the country. 2 types of Election: 1. Regular Election--- refers to an election participated in by those who possess the right of suffrage and not otherwise disqualified by law and who are registered voters. (Note that the election for Sangguniang Kabataan is NOT a regular election because it is participated in by the youth ages 15- 21, some of whom are NOT qualified to vote in national and local elections. 2. Special Election --- One which is held where there is a 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. How election laws are construed: ---Election laws should be reasonably and liberally construed to effectuate and safeguard the will of the electorate in the choice of their representatives. Election laws may be divided into 3 parts for purposes of applying the rules of construction: 1. Refers to the provisions for the conduct of elections which election officials are required to follow. • The rules are mandatory before the election but when it is sought to enforce them after the elections are held, they are directory only. 2. those provisions which candidates for office are required to do and comply with

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This is mandatory. This pertains to the qualifications, filing of certificate of candidacy, defining election offenses. Failure to comply with such provisions is fatal because they are mandatory. 3. those procedural rules which are designed to ascertain, in case of dispute, the actual winner in the elections. • Provisions designed to determine the will of the electorate are liberally construed. Election period ---it shall commence 90 days before the day of the election and shall end 30 days thereafter. Campaign Period: 1. Presidential and Vice- Pres elections---90 days 2. Senators and Congressmen and local election--- 45 days 3. Barangay election--- 15 days. 4. Special election--- 45 days NOTE: Campaign period shall NOT include the day before and the day of the election. Campaign period is important because certain partisan political activities are prohibited outside the campaign period. The following political activities are permitted outside the campaign period: 1. those performed for the purpose of enhancing the chances of aspirants for nomination for candidacy to a public office by a political party, aggroupment or coalition of parties. 2. public expressions or opinions of probable issues in the forthcoming elections or on attributes of or criticisms in a forthcoming political party convention. Grounds of Postponement of election (V-O-T-R- F): 1. violence 2. other analogous causes of such nature that the holding of a free, orderly and honest election should become impossible 3. terrorism 4. loss or destruction of election paraphernalia or records 5. force majeure Based on such grounds, COMELEC may motu proprio or upon petition, after due notice and hearing declare or postpone the election to a date reasonably close but not later than 30 days after the cessation of the cause of the postponement (this period is only directory). Grounds for failure of election (O-F-F T-V): 1. Other analogous cases 2. force majeure 3. fraud 4. terrorism 5. violence These grounds must cause the election to be not held on the date fixed or after voting and during the preparation, transmission of the ER or after the voting and during the preparation and the transmission of the ER or in the custody or canvass thereof, such election results in failure to elect and such failure would affect the result of the election.

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COMELEC shall on the basis of the verified petition, after due notice and hearing call for the continuation of the election not held, suspended or which resulted in a failure to elect on a reasonably close date in which case NOT later than 30 days after the cessation of the cause of such failure. NOTE: The postponement or failure of election and calling of special election shall be decided by only COMELEC en banc. Pre-condition for declaring failure of election: 1. that no voting has been held in any precinct because of force majeure, violence or terrorism and 2. that the votes not cast therein are sufficient to affect the results of the election. NOTE: The two must concur to justify a special election. The grounds may occur before or after the casting of votes or on the day of the election. Particulars: 1. There is failure of election when NO actual voting took place, or even if there is, there is failure to elect, as when the ballot box is snatched, burned or lost. The fact that there is very low turnout of voters in certain precincts does NOT justify a declaration of failure of election. All that the law requires is that a winning candidate must be elected by a plurality of valid votes, regardless of the actual number of ballots cast or the number of registered voters in the precinct concerned. 2. Destruction and loss of copies of ER intended for BOC on account of violence is NOT failure of election. 3. There is failure of election only when the will of the electorate has been muted and cannot be ascertained. If the will of the people is determinable, the election must be respected. 4. General rule is that terrorism may NOT justify declaration of failure of election through the misdeeds of only a few. However, where terrorism is so prevalent as to warrant a declaration that no voting actually took place, then there is failure of election. 5. Mere fact hat the transfer of polling place was NOT made in accordance with law does NOT justify failure of election UNLESS the number of uncast votes will affect the results of the election 6. Unlike PPC where COMELEC cannot go beyond the face of the ER, in an action for annulment of ER or for declaration of failure of election, COMELEC is duty bound to investigate the allegations and may even conduct technical examination. Requisites for holding special election: 1. there is a failure of election and 2. that such failure would affect the results of the election Jurisprudence1

1. To annul an election, two conditions must be present:
[a] the illegality must affect more than 50% of the votes cast, and [b} the good votes can be distinguished from the bad votes.

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Lifted from Atty. Alberto Agra’s Election law handouts.

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2. If there is failure of elections, no winner can be declared2. If the alleged fraud and
irregularities did not prevent or suspend the holding of the elections, there is no failure of elections3. There is also no failure when 220 out of the 316 registered voters in the questioned precincts were able to vote. There can be failure of election in a political unit only if the will of the majority has been defiled and cannot be ascertained.4 Simply deducting the election results of certain municipalities subject of a petition for failure of elections does not necessarily establish the theory that the over-all election will not change. The possibility that the results of the special elections may still change the standing of the candidates cannot be discounted5.

3. To warrant a declaration of failure of elections, the commission of fraud must be such
that it prevented or suspended the holding of an election, or the preparation and transmission, custody and canvass of the election returns. These essential facts must be established6. In such case, the winner cannot be determined or that nobody emerged as winner. The proper remedy in assailing that election returns were manufactured as they were allegedly prepared by one person is to seek a recount which is a proper subject of an election protest.7

4. There is failure of elections when the venue for counting was transferred without
notice to or conformity of the candidates and watchers and where canvassing was done without their presence. While casting took place, the irregularities that marred the counting and canvassing must result in failure to elect8.

5. There is no failure of elections when after the firing of guns, voting resumed9. There
is also no failure on the grounds that there were ballot box snatching, ballots were filled up with the name of respondent, ballots were not signed at the back by members of the board of election inspectors10, and massive substitution of voters11.

6. Manual Counting of votes when automated machines failed to read the ballots is not
a ground for failure since voters were able to cast their votes freely and votes were counted correctly.12

7. The fact that a candidate for provincial office has been proclaimed and has assumed
office does not deprive the Comelec of its authority to annul any canvass and illegal proclamation13.

8. Only the Comelec en banc has the authority to declare a failure of elections14.
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Carlos v. Angeles, G.R. No. 142907, November 29, 2000 Tan v. COMELEC, G.R. No.148575, December 10,2003 4 Batabor v. COMELEC, 434 SCRA 630 [2004] 5 Alauya v. COMELEC, 395 SCRA 742 6 Banaga v. COMELEC, G.R. No. 134696, July 31, 2000; Sison v. COMELEC, 304 SCRA 170 7 Typoco v. COMELEC, G.R. No. 136191, November 29,1999 8 Soliva v. COMELEC, G.R. No. 141723, April 20,.2001 9 Benito v. COMELEC, 349 SCRA 705 10 Pasandalan v. COMELEC, G.R. No. 150312, July 18,2002 11 Macabago v. COMELEC, G.R. No. 152163, November 18,2002 12 Loong v. COMELEC, 305 SCRA 832 13 Ampatuan v. COMELEC, G.R. No. 149803, January 31,2002 14 Section 4, Republic Act No. 7166

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who are not otherwise disqualified by law. COMELEC.2003 5 . November 25. G. No. COMELEC. vice-president. January 22.R. and comparison of signatures which is not the case in pre-proclamation cases. 2. Those who have lost their Filipino citizenship in accordance with Philippine laws. including those who have committed and been found guilty of Disloyalty as defined under Article 137 of the Revised Penal Code.9. The former case involves an examination of election fraud. An action for declaration of failure of elections is different from a pre-proclamation controversy. Changes may be initiated by written petition of the majority of the voters of the polling place or agreement of all the political parties or by resolution of the Comelec after notice and hearing16. No. G. however. Provided. 4360 specifying the polling places and also Sections 153 and 154 of the Omnibus Election Code. No. such disability not having been removed by plenary pardon or amnesty. 152151-52. 134340.R. The Comelec can set a date after the 30-day period from the cessation of the cause of the failure of election when the dates for the special election were the nearest dates available from the time the failure was determined15. at least eighteen (18) years of age on the day of elections. That any person disqualified to vote under this subsection 15 16 Pangandaman v. The following are disqualified from voting under RA 9189: 1. A special election may also be ordered by the Comelec when the transfer of the polling place was made in blatant disregard of Comelec Resolution No. 9189 or the Overseas Absentee Voting Act of 2003 • All citizens of the Philippines abroad. July 3.2002 17 Alauya v. Those who have expressly renounced their Philippine citizenship and who have pledged allegiance to a foreign country. Republic Act No.17 B. 10.1999 Cawasa v.R. Registration & Qualification of Voters Qualifications for Suffrage: • Filipino citizen • not disqualified by law • at least 18 years of age (except in Sangguniang Kabataan elections) • has resided in the Philippines for at least 1 year preceding the election • has resided in the place wherein they propose to vote for at least 6 months preceding the election * Residence here pertains to domicile A person may be absent from his domicile for a long period of time but so long as he has the intent to return to his domicile and no intent to settle in the place where he is physically present. G. COMELEC. Those who have committed and are convicted in a final judgment by a court l of an offense punishable by imprisonment of not less than one (1) year. 3. may vote for president. he is still considered a resident of his original domicile. 150469. senators and party-list representatives. technical examination of election documents.

If NOT practicable. Any citizen of the Philippines abroad previously declared insane or incompetent by competent authority in the Philippines or abroad. COMELEC. However such registration cannot be conducted during the period starting 120 days before a regular election and 90 days before a special election In Akbayan Youth vs. an affidavit prepared for the purpose by the Commission declaring that he/she shall resume actual physical permanent residence in the Philippines not later than three (3) years from approval of his/her registration under this Act. BUT any person disqualified under this rule shall automatically reacquire the right to vote upon expiration of 5 years after service of sentence. GR No. 2) Person adjudged by final judgment of having committed a crime involving disloyalty to government such as rebellion. Provided. upon registration. consulates or foreign service establishments concerned. further. 6 . 5. violation of firearms law or crime against national security. otherwise known as the Voter’s Registration Act of 1996 • Provides for a system of a permanent list of voters as well as continuing registration of voters • There shall be a continuing registration of voters. exclusion and correction of names of voters: 1) Notice of place. May be personally or registered mail. 147066 26 March 2001. unless such competent authority subsequently certifies that such person is no longer insane or incompetent. BUT any person disqualified under this rule shall automatically reacquire the right to vote upon expiration of 5 years after service of sentence. 4. Common rules governing judicial proceedings of inclusion. the notice shall be posted din 2 conspicuous places. Failure to return shall be the cause for the removal of the name of the immigrant or permanent resident from the National Registry of Absentee Voters and his/her permanent disqualification to vote in absentia. date and time of hearing of petition shall be served upon members of the Board and challenged voter upon petition. the Supreme Court upheld the action of the COMELEC in denying petitioner’s request for 2 additional registration days in order to enfranchise around 4 million youth who failed to register on or before 27 December 2000. An immigrant or a permanent resident who is recognized as such in the host country. 3) Insane or incompetent persons declared as such by competent authority UNLESS subsequently declared by proper authority no longer insane. Who are disqualified from registering: 1) person sentenced by final judgment to suffer imprisonment of not less than 1 year. Republic Act No. sedition. 8189. unless he/she executes. Such affidavit shall also state that he/she has not applied for citizenship in another country. as verified by the Philippine embassies. 2) Petition shall refer only to 1 precinct and implead Board as respondents. That the COMELEC may take cognizance of final judgments issued by foreign courts or tribunals only on the basis of reciprocity and subject to the formalities and processes prescribed by the Rules of Court on execution of judgments.shall automatically acquire the right to vote upon expiration of five (5) years after service of sentence.

his non-appearance for that day shall be prima facie evidence that such voter is fictitious. Cases appealed to Regional Trial Court shall be decided within 10 days from receipt of appeal. Decisions of Municipal Trial Court may be appealed by aggrieved party to Regional Trial Court within 5 days from receipt of notice thereof.3) No costs shall be assessed unless the application was made only to harass. means Religious sects those which seek to achieve their goals through violence or unlawful those which refuse to uphold the Constitution those supported by foreign governments 3. In all cases. Forfeiture of a Status of a Registered Political Party 7 . It shall be supported by a certificate of disapproval of his application and proof of service of notice of his petition upon the Board. 4) Any voter. address and precinct of the challenge voter at anytime EXCEPT 100 days prior to a regular election or 65 days before a special election. Such decision becomes final and executory. Political Parties Political Party • An organized group of persons pursuing the same ideology. may file with Municipal Trial Court a sworn petition for the exclusion of voter from the permanent list of voters giving the name. such will become final and executory. C. court shall decide these petitions NOT later than 15 days before the election. Regional Trial Court shall decide the appeal within 10 days from time it is received. Jurisdiction in Inclusion and Exclusion Cases. rep of political party or Election Officer. Petition for Exclusion of Voters from List: Any registered voter. 5) Decision shall be based on evidence and in NO case rendered upon stipulation of facts. 4. Municipal Trial Court shall have original and exclusive jurisdiction over all cases of inclusion and exclusion of voters in their respective territorial jurisdiction. NO Motion for Reconsideration. 6) Petition shall be heard and decided within 10 days from the date of its filing. If question is about the voter being fictitious. 2. Petition shall be decided within 15 days after its filing. candidate or political party affected may intervene. Petition shall be accompanied by proof of service of notice to Board and to the challenged voter. It shall be decide within 10 days from its filing. The following cannot be registered as political parties: 1. political ideas or platforms of government including its branches and subdivisions. Petition for Inclusion of Voters in the List: Any person whose application for registration has been disapproved by Board or whose name was stricken out from the list may file with Municipal Trial Court a petition to include his name in the permanent list of voters EXCEPT 105 days prior to a regular election or 75 days prior to special election. Otherwise.

• After notice and hearing. of X Seats Allocated First Party to Additional The correct formula used in determining the number of additional congressional seats a winning party-list is entitled to should be strictly implemented. However. 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 in the election next following its registration. v. 136781.No. 06-0248. COMELEC G. regional and sectoral parties or organizations or coalitions thereof registered with the COMELEC. COMELEC. 7941. otherwise known as the Party List System Act • The party-list system is a mechanism of proportional representation in the election of representatives to the House of Representatives from national.20. No. 2000 Aklat Asosasyon Para sa Kaunlaran ng Lipunan at Adhikain para sa Tao v. which denied the motion filed by the Citizens’ Battle Against Corruption (CIBAC) for the proclamation of its second nominee in the 2004 party-list elections. Commission on Elections. 427 SCRA 712 Citizens’ Battle Against Corruption v. October 6. No. COMELEC. 147589 26 June 2001) Veterans Federation Party et. 136781. The Supreme Court rejected the COMELEC’s application of a simplified formula of “one additional seat per additional two percent [of the total party-list votes obtained]” that it adopted in COMELEC Resolution No. GR No.al v. et al. (Ang Bagong Bayani-OFW Labor Party vs. • No party shall be entitled to more than 3 seats • The number of party-list seal is determined using this formula: number of district representatives/0. G. • Any party already registered need not register anew but instead must file a manifestation not later than 90 days before the election • Party-lists receiving at least 2% of the total votes cast for the party-list system shall be entitled to 1 seat each.R. consistent with the Supreme Court’s decision in the 6 Oct 2000 case of Veterans Federation Party. • No rounding off allowed Jurisprudence Political Parties may be considered as party-lists if they represent the marginalized and underrepresented sectors. 172103.R. 2007 Formula in Computing Number of Seats for Party-Lists Votes Cast for Qualifed Party Additional Seats = ------------------------------------Votes Cast for First Party No.R. COMELEC. the Court still denied CIBAC’s petition for a second congressional seat for 8 .80x0. April 13. G. parties and organizations. the status shall be deemed forfeited if the political party. Republic Act No.

6. It fails to participate in the last two (2) preceding elections or fails to obtain at least two per centum (2%) of the votes cast under the party-list system in the two (2) preceding elections for the constituency in which it has registered. Grounds for refusing or canceling registration of Party-List Groups: 1. he must at least be twenty-five (25) but not more than thirty (30) years of age on the day of the election. It is receiving support from any foreign government. It advocates violence or unlawful means to seek its goal. Any youth sectoral representative who attains the age of thirty (30) during his term shall be allowed to continue in office until the expiration of his term.failure of the party-list to garner an adequate number of votes even under the correct Veterans formula. a bona fide member of the party or organization which he seeks to represent for at least ninety (90) days preceding the day of the election 6. natural-born citizen of the Philippines 2. It has ceased to exist for at least one (1) year. 2. organization. foreign political party. a registered voter 3. or 8. Qualifications of a Party-List Nominee: 1. foundation. It declares untruthful statements in its petition. In case of a nominee of the youth sector. 5. rules or regulations relating to elections. is at least twenty-five (25) years of age on the day of the election. whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes. organized for religious purposes. It is a foreign party or organization. It is a religious sect or denomination. 7. 3. 4. 9 . 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. a resident of the Philippines for a period of not less than one (1) year immediately preceding the day of the election 4. It violates or fails to comply with laws. organization or association. able to read and write 5.

natural born citizen of the Philippines 10 . his election to office shall be null and void. Qualifications for Senator: 1. registered voter 5. able to read and write 4. D. COMELEC. COMELEC. on the day of election at least 25 years old 3. able to read and write 4.Incumbent sectoral representatives in the House of Representatives who are nominated in the party-list system shall not be considered resigned. Labo vs. resident of the Philippines for at least 10 years immediately preceding the election. 174 SCRA 245. Party. his title to the office may be seasonably challenged. registered voter 3. able to read and write 4. including those under the party list. at least 40 years of age on the day of election 5. Eligibility of Candidates Qualification • Qualifications prescribed by law are continuing requirements and must be possessed for the duration of the officer’s active tenure. registered voter in the constituency in which he shall be elected 5. resident thereof for a period of not less than 1 year immediately preceding the day of the election Qualification for Sectoral representative: 1. at least 35 years old on the day of the election 3.list reps constitute 20% of the total number of the members of the House of Representatives. resident of the Philippines for not less than 2 years immediately preceding the day of the election Qualifications for District Representative: 1. 176 SCRA 1) Power of Congress to prescribe qualifications and disqualifications: • Congress has the power to prescribe additional qualifications and disqualifications. natural born citizen of the Philippines 2. • Since the privilege of holding office is a valuable one. Qualifications for president and VP 1. natural born citizen of the Philippines 2. (Frivaldo vs. it should be liberally construed in favor of eligibility • Provisions of the Constitution or law prescribing qualifications and disqualifications are mandatory so that if a candidate who does NOT possess the required qualifications or is disqualified is ineligible. natural born citizen of the Philippines 2. Once any of the required qualifications is lost.

resident of the Philippines for a period not less than 1 year immediately preceding the ay of the election 4. registered voter in the constituency in the locality 5. unless he has waived his status as such. sangguniang panglungsod in highly urbanized cities while at least 21 years old for the said officials in component cities and municipalities. A permanent resident of or an immigrant to a foreign country. rebellion or any offense for which he has been sentenced to a penalty of more than 18 months imprisonment 3. 148326 15 November 2001 (violation of BP 22 is considered as moral turpitude) 4. at least 18 years old for members of the sangguniang panglungsod. 11 . Vice-Governor. on the day of election at least 23 years old for Governor. COMELEC. member of sangguniang panlalawigan. • It includes the twin elements of a) physical presence in a fixed place and b) animus manendi or the intention of returning there permanently DISQUALIFICATIONS Disqualifications under the Omnibus Election Code: 1. Sentenced by final judgment for a crime involving moral turpitude • Villaber vs. on the day of the election is at least 25 years old BUT in case of youth sectoral representative. mayor. Sentenced by final judgment for subversion. sangguniang bayan and sangguniang barangay. GR No. Declared as incompetent or insane by competent authority 2. able to read and write 4. • Caasi vs. One who has committed acts of terrorism to enhance his candidacy 3. citizen of the Philippines 2. able to read and write 3. COMELEC. One who has spent in his election campaign an amount in excess of that allowed by law. resident thereof for a period of not less than 1 year immediately preceding the day of the election Citizenship • It must be possessed at the latest as of the time he is proclaimed and at the start of the term of office to which he has been elected Residence: • means domicile or the individual’s permanent home. 191 SCRA 229 *The disqualification is lifted after the expiration of 5 years from service of sentence Disqualification as a result of election offenses under Section 68 of the Omnibus Election Code: 1. insurrection. vice-mayor. at least 25 years and not more than 30 years old at the day of the election Qualifications for Local Officials: 1. One who has given money or materials to influence or corrupt voters or public officials performing electoral functions 2. at least 15 years old and not more than 21 years of age for Sangguniang kabataan 3.2. bona fide member of the sector he seeks to represent 5.

to cause confusion among the voters by the similarity of the names 3. Sec 83 (removal. in other circumstances which clearly demonstrate that the candidate has NO bona fide intention to run for the office and to prevent a faithful determination of the true will of the electorate. • Petition to disqualify a candidate for being a nuisance candidate must be filed within 5 days from last day of filing of certificate of candidacy Disqualifications under the Local Government Code (applicable to local officials only): 1. COMELEC.) 5. COMELEC. destruction of lawful election paraphernalia. COMELEC. Violation of Sec. 307 SCRA 630 (dual citizenship here pertains to dual allegiance. basketballs. 121592 05 July 1996 (probation simply suspends the execution of sentence but it does not erase the disqualification brought about by the conviction of a crime involving moral turpitude) 2. Manzano. One who has committed prohibited acts under Sec. those removed from office as a result of an administrative case • Grego vs. One who has solicited. COMELEC. GR No. after being charged. GR No. 125955 19 June 1997 (local officials removed from office as a result of an administrative case prior to the effectivity of the LGC on 01 January 1992. fugitives from justice in criminal or nonpolitical cases here and abroad • Marquez vs COMELEC. Sec 85 (prohibited forms of propaganda). and the distribution of medals to schools. to put the election process in mockery or disrepute 2. 148075 04 February 2002 (The acts of Laguna Governor Lazaro in ordering the purchase of trophies. Nuisance candidate 2. 80 (campaign period). etc. • Pangkat-Laguna vs.4. those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by 1 year or more imprisonment within 2 years after serving sentence • Dela Torre vs. are not disqualified. are not violative of Section 80 as to premature campaigning considering that the Governor was not soliciting votes but in fact was performing her duties imposed by law. 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 this Code 12 . GR No. Sec 86 (regulation of propaganda through mass media) and Dec 261 (election offenses).) Other disqualifications under the OEC: 1. flee to avoid prosecution) • Rodriguez vs. Violation of Section 73 with regard to the certificate of candidacy 3.) 3. 243 SCRA 538 (A fugitive from justice includes not only those who flee after conviction to avoid punishment but also those who. received or made prohibited contributions 5. Persons with mere dual citizens are not disqualified. those with dual citizenship • Mercado vs. 120099 24 July 1996 (One is not a fugitive from justice when his arrival in the Philippines preceded the filing of felony complaints and issuance of arrest warrants by a foreign court) 6. those convicted by final judgment for violating oath of allegiance to the Republic 4. 78 as to material misrepresentations in the certificate of candidacy Nuisance Candidate: A nuisance candidate is one who files a certificate of candidacy: 1. GR No.

Thus. No. Alberto Agra’s Election Law handouts. 4. No. he can no longer be removed if he is thereafter reelected for another term. 135150. 154512. February 4. No.R. this does not mean that for the purpose of 18 19 Lifted from Atty. [3] that he/she was elected in a regular election. No. It would have been a different situation if at the time of his reelection.2002 Socrates v. 3.1998 20 Lonzanida v. Officer fills up a higher office (by succession/operation of law)22. G. 1999 21 Socrates v. 5.R. His reelection does NOT remove his ineligibility NOR render the admin charge against him moot and academic 2. If a public official is NOT removed before his term. G. No. COMELEC.133495. No.R. COMELEC. the administrative case is still pending. No. September 3. 3. 1999 25 26 Adormeo v. Commission on Electing. COMELEC.7. the reelection or election will operate as a condonation of the official’s previous misconduct. However. Commission on Electing. the following situations (tenures in office) are not considered service of term for purposes of applying the 3-term limit: 1. G. Officer suspended from office (failed to serve full term)23. September 3.R. 133495. 2. a local official who was dismissed after he was found administratively guilty in a decision that became final PRIOR to the election is NOT qualified to run for reelection. 135150. a 3-term municipal mayor cannot seek office as a city mayor in the 1st elections of city officials after the municipality has been converted to a city considering that the area and inhabitants of the locality are the same and that the municipal mayor continued to hold office until such time as city elections are held. Officer unseated. G. Policy on 3-Term Ban for Local Officials18 The 3-term limit for elective local officials must be taken to refer to the right to be elected as well as the right to serve in the same elective position. in which case. it is not enough that an individual has served three consecutive terms in an elective local office. 154512.2002 22 Borja v.R. COMELEC. No. G.2002 13 . ordered to vacate by reason of an election protest case24. he/she must also have been elected to the same position for the same number of times before the disqualification can apply19. Borja v. the three conditions which must concur for the application of the disqualifications are: [1] that the official concerned has been elected for three consecutive terms in the same local government post. 1998 23 Borja v.R. [2] that he/she fully served three consecutive terms 20. G. September 3. July 28. While the city acquired a new corporate existence separate and distinct from that of the municipality. G. the insane or feeble-minded Rules on admin charges: 1. and Officer assuming a local government post (even is served for three consecutive terms) after winning in a recall election (since not considered an immediate reelection)26. July 28. 147927. 1998 24 Lonzanida v. G. Consequently.R. November 12.21 Applying said policy.R. November 12. Officer serving unexpired term after winning in the recall elections25. 133495. COMELEC. COMELEC.

438 SCRA 319 [2004] 14 . 7160. GR No. including members of the AFP and officers of GOCCs shall be considered ipso facto resigned upon their filing of CEC. However. No. Section 43. 147701 10 May 2001) • A candidate may withdraw his candidacy anytime before election day • Substitution is only allowed in cases of : death. COMELEC. G.R. the office of the municipal mayor would be construed as different from hat of the office of the city mayor27.applying the constitutional provision on term limitations. Section 5 of Republic Act No. 154829. except if the substitute candidate has the same surname Nuisance Candidate A nuisance candidate is one who files a certificate of candidacy: 1. While officials holding elective positions shall continue to hold office whether he is running for the same or different position. but later declared in a sworn letter that he is running for mayor. COMELEC.. in other circumstances which clearly demonstrate that the candidate has NO bona fide intention to run for the office and to prevent a faithful determination of the true will of the electorate. March 19. criminal or administrative liabilities the substituted candidate may have already incurred • In case of valid substitutions. COMELEC. Republic Act No. Procedure: 27 28 Latasa v. December 12.29 E. 9164.2003 Section 8. withdrawal or disqualification • No substitution is allowed for an independent candidate • No person who has withdrawn his candidacy for a position shall be eligible as a substituted candidate for any position • The filing of a withdrawal shall not affect the civil. such candidate can validly run for mayor because the intercalation was not made under oath. votes cast for substituted candidates are considered stray. Republic Act No. Officials holding appointive offices. to cause confusion among the voters by the similarity of the names 3. • • • Rules on Substitution and Withdrawal of Candidacy (Go vs. Certificate of Candidacy • • Must be filed on any day from the commencement of the lection period but not later than the day before the beginning of the campaign period A person who runs for elective office but did NOT file a certificate of candidacy is NOT a candidate at all. 2002 29 Sambarani v. Board of Canvassers. The term of all local officials including barangay officials (and sangguniang kabataan officials) 28 is three years. ArticleX. 48 Phil 211) Where a candidate files his sworn CEC for mayor on a date and thereafter he asked for his CEC and intercalated the word “vice: before the word mayor. the election of a candidate cannot be annulled on the formal defect of lack of oath (De Guzman vs. to put the election process in mockery or disrepute 2. 1987 Constitution. CEC must be under oath. 9164 which authorizes the hold-over of incumbent barangay officials until their successors are elected is valid.

6. Hearing officer shall submit findings to COMELEC within 5 days from completion of submission of evidence. BEI and public. COMELEC shall within 24 hours disseminate its decision to the election registrars.1. NC shall be given 3 days from receipt of summons within which to file his verified answer (not Motion to Dismiss). It may be filed motu prorio or upon a verified petition 2. within 3 days from filing the petition. 7. • A disqualified candidate is NO candidate at all. Decision of COMELEC shall become final and executory after 5 days from receipt of a copy thereof by parties unless stayed by Supreme Court. COMELEC may designate its lawyer to hear and receive evidence. hence the 2nd placer shall be proclaimed. Election Propaganda and Campaign 15 . COMELEC shall render its decision within 5 days from receipt thereof. the court or COMELEC shall continue with the trial and hearing and upon motion of complainant may. • BUT. 5. the votes cast in his favor are stray votes. the law on succession to office shall apply. In lieu of oral testimonies. the 2nd placer will NOT be proclaimed. Summary proceeding. COMELEC shall issue summons to respondent nuisance candidate (NC) 4. Petition to Deny Due Course to or cancel a certificate of candidacy • Exclusive ground is material representation in the certificate of Candidacy is false • The petition should be filed not later than 25 days from the filing of the CEC • It should be decided not later than 15 days before the election after due notice and hearing • Jurisdiction lies with the COMELEC in division Effects of disqualification • If candidate is disqualified before election. his having received the highest number of votes does NOT validate his election. Instead. if a candidate has NOT been declared disqualified by final judgment BEFORE the election and he is voted for and won. he shall not be voted for and any votes cast in his favor shall NOT be counted. • Since a disqualified candidate is NO candidate at all. It is a petition for QW F. verified petition shall be filed personally or through a duly authorized representative with COMELEC by any registered candidate for the same office within 5 days from the last day for the filing of certificate of candidacy. serving a copy thereof to the petitioner. 3. • A petition for disqualification filed AFTER election does NOT have the same effect as the one filed before the election. Grounds for Motion to Dismiss may be raised as affirmative defenses. parties shall submit affidavits and counteraffidavits. 8. his having obtained the highest number of votes did NOT make his election valid. • where a petition for disqualification was filed before election but was adversely resolved against said candidate after the election. • If candidate was disqualified BEFORE the election but was voted for and won. during the pendency thereof order the suspension of proclamation. • If candidate was disqualified after the election.

Nomination and selection of official candidates: No political convention or meeting for the nomination or selection of the official candidates of any political party or organization or political groups or coalition thereof shall be held earlier than the following periods: (a) For President. or holding interviews for or against the election of any candidate for public office. • Use of gadgets and billboards allowed considering the repeal of Section 65 of the Omnibus Election Code prohibiting the use of use of billboards and audio-visual 16 . committees or other groups of persons for the purpose of soliciting votes and/or undertaking any campaign for or against a candidate. and (b) For Members of the House of Representatives and elective provincial. or (5) Directly or indirectly soliciting votes. 67 of the OEC. conferences. Now. • a candidate can only campaign during the campaign period. otherwise known as the Fair Election Act • Repealed Sec. or other similar assemblies. Foreigners CANNOT: 1. or for any party. meetings. (2) Holding political caucuses. (3) Making speeches. • The Comelec shall procure free space and airtime to be equally and impartially allocated to candidates. (4) Publishing or distributing campaign literature or materials designed to support or oppose the election of any candidate. one hundred sixty-five (165) days before the day of the election. seventy-five (75) days before the day of the election. associations. or association of persons. print (1/4th page in broadsheet and ½ page in tabloid 3x a week) and radio (180 minutes for nationally elective office/ 90 for local). for the purpose of soliciting votes and/or undertaking any campaign or propaganda for or against a candidate. * Acts performed for the purpose of enhancing the chances of aspirants for nomination for candidacy to a public office by a political party are NOT considered as election campaign. elective officers are not considered resigned upon filing of the CEC • Lifted the political ad ban • Paid political advertisements at discounted rates allowed for national and local candidates in television (120 minutes for nationally elective office/ or 60 for local0. pledges or support for or against a candidate.Election campaign” or “partisan political activity” • refers to an act designed to promote the election or defeat of a particular candidate or candidates to a public office. contribute Republic Act No. influence election 3. parades. clubs. It includes: (1) Forming organizations. announcements or commentaries. whether or not a voter or candidate. 9006. city or municipal officials. to engage in an election campaign or partisan political activity except during the campaign period. • It shall be unlawful for any person. Vice-President and Senators. rallies. aid candidates 2.

Election surveys may be conducted and published. t-shirts.R. if so required by their employer. With regards electoral contributions. or shall take a leave of absence from his/her work as such during the campaign period31. television station or any public forum during the campaign period30 and no movie. television station or any public forum during the campaign period.• • • • units. 2005 (However. Abello v. 7166 provided the same are reported to the Comelec. G. balloons. • No movie.R No. lighters. Social Weather Station v. May 5. markets. cigarettes. contributions made prior to the effectivity of such law are not exempt). hats. Commissioner of Internal Revenue. • All mass media entities shall furnish the Comelec with copies of all contracts for advertising. G. cinematography portrayed by an actor or media personality who is himself/herself a candidate shall be publicly exhibited in a theater. the law in order to ensure equitable access to media also established and clarified some rules on election propaganda. etc. No. 120721. Political parties and partly-list groups can erect common poster areas for their candidates in not more than ten (10) public places such as plazas. These are: • All registered parties and bona fide candidates shall have the right to reply to charges published against them. Lawful Election Propaganda Written and Printed Materials (81/2 “W x 14L”0 Letters Posters (2’ x 3’) Rally Streamers (3’ x 8’) Paid Advertisements and Discounted rates Print: 1/4th page in broadsheet and ½ page in tabloid 3x a week Television: 120 minutes for candidate for nationally elective office and 60 for local Radio: 180 minutes for candidate for nationally elective office and 90 for local 30 31 17 . promoting or opposing any political party or the candidacy of any person for public office within five (5) days after its signing.2001 (The provision in the Act of which bars publication of election survey results within a certain period before election has been declared unconstitutional for violation of the freedom of speech). barangay centers. Commission on Elections. fans. 147571. February 23. cinematograph or documentary portraying the life or biography of a candidate shall be publicly exhibited in a theater. tin-plate posters. wallets. and • Any media personality who is a candidate for any elective public office or is a campaign volunteer for or employed or retained in any capacity by any candidate or political party shall be deemed resigned. Candidates may post any lawful propaganda material in private places with the consent of the owner thereof. pens. these are exempt from payment of gift tax under Republic Act No. and Exit polls may be taken While the Fair Election Act liberalized certain rules on campaign.

have been granted loans or other accommodations in excess of P100. (c) Natural and juridical persons who hold contracts or sub-contracts to supply the government or any of its divisions. subdivisions or instrumentalities. . incentives.00) for every voter currently registered in the constituency where he filed his certificate of candidacy: Provided. That nothing herein shall prevent the making of any loan to a candidate or political party by any such public or private financial institutions legally in the business of lending money. Balloons (no longer prohibited by law but not expressly allowed by Comelec) Propaganda Gadgets such as pens. 181 SCRA 529) • Propaganda materials including advertisements on print. fans. exemptions. 35 SCRA 285) • The evil sought to be avoided in regulating election propaganda does not hold true in cases of plebiscite because the electorate is asked to vote on issues NOT candidates (Sanidad vs.No contribution for purposes of partisan political activity shall be made directly or indirectly by any of the following: (a) Public or private financial institutions: Provided.00. Tinplate-Poster.Ten pesos (P10.00) for President and Vice-President. radio or television showing the image or mentioning the name of a person who subsequent to such ad becomes a candidate can be removed as this is considered as premature campaigning (Chavez vs.000 by the government or any of its divisions. 18 . with goods or services or to perform construction or other works. and that the loan is made in accordance with laws and regulations and in the ordinary course of business. and for other candidates Three Pesos (P3. vehicle motorcades Rules on Prohibited Election Propaganda: • The prohibition of certain forms of election propaganda is a valid exercise of police power (Badoy vs.Five pesos (P5. cigarettes. (e) Natural and juridical persons who. Prohibited contributions. COMELEC. (no longer prohibited by law but not expressly allowed by Comelec) Mobile units. . (d) Natural and juridical persons who have been granted franchises. including government-owned or controlled corporations. lighters.Comelec free space (3 national newspapers for nationally elective officials and 1 national newspaper for local) and airtime (3 national television networks for nationally elective officials and 1 station for local0: equal allocation for all candidates for 3 calendar days Billboard. COMELEC. subdivisions or instrumentalities. etc.000. however. That a candidate without any political party and without support from any political party may be allowed to spend Five Pesos (P5. (b) Natural and juridical persons operating a public utility or in possession of or exploiting any natural resources of the nation.00) for every such voter. (f) Educational institutions which have received grants of public funds amounting to no less than P100. 162777 31 August 2004) The aggregate amount that a candidate or registered political party may spend for election campaign shall be as follows: (a) For candidates. GR No. subdivisions or instrumentalities including government-owned or controlled corporations. . allocations or similar privileges or concessions by the government or any of its divisions. and (b) For political parties. COMELEC. shirts.00) for every voter currently registered in the constituency or constituencies where it has official candidates. within one year prior to the date of the election.

agents or representatives of any political party. on the day before and on the day of the election. Lawful expenditures. etc 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. lotteries. soliciting and/or accepting from any candidate for public office. the cost of which shall not be taken into account in determining the amount of expenses which a candidate or political party may have incurred under Section 100 and 101 hereof. office or place of meetings. lights and decorations during said meetings and rallies. postage. or 19 . agent or representative.: (a) travelling expenses of the candidates and campaign personnel in the course of the campaign and for personal expenses incident thereto. 2. (f) rent. or from his campaign manager. freight and express delivery charges. printing and distribution of printed matters relative to candidacy. or any person acting in their behalf. bridges. are excluded from this prohibition. maintenance and furnishing of campaign headquarters. puericulture centers. medical clinics and hospitals. and other persons actually employed in the campaign.(g) Officials or employees in the Civil Service. (j) copying and classifying list of voters. television and other public advertisements. his or her spouse or any relative within the second civil degree of consanguinity or affinity. food. radio. tithes. Prohibited raising of funds: 1. or any structure for public use or for the use of any religious or civic organization: Provided. That normal and customary religious dues or contributions. (e) employment of watchers at the polls. directly or indirectly. or undertake or contribute to the construction or repair of roads. make any donation. • The same prohibition applies to treasurers. contribution or donation in cash or in kind from the commencement of the election period up to and including election day. messengers. clerks. treasurers of parties or their agents. or members of the Armed Forces of the Philippines. agent or representative shall during the campaign period. Prohibited donations by candidates. • No candidate. and (h) Foreigners and foreign corporations. (i) employment of counsel. as well as periodic payments for legitimate scholarships established and school contributions habitually made before the prohibited period. (g) political meetings and rallies and the use of sound systems. (h) newspaper. are excluded from the prohibition. contribution or gift in cash or in kind. or collections on Sundays and/or other designated collection days. school buses. Provided. (b) compensation of campaigners. stenographers. (d) stationery. (c) telegraph and telephone tolls. such as religious stipends. churches or chapels cement pavements. investigating and challenging the right to vote of persons registered in the lists the costs of which shall not be taken into account in determining the amount of expenses which a candidate or political party may have incurred under Sections 100 and 101 hereof. any gift. cockfights. transportation. That normal and customary religious stipends. holding dances. or his campaign manager. tithes or collections on Sundays or other designated collection days.

245 SCRA 759) G. Conduct the voting and counting of votes in their respective polling places.000. • The same prohibition shall apply if the political party which nominated the winning candidate fails to file the statement required herein within the period prescribed by this Act. (Pilar vs. Board of Election Inspectors (BEI) Composition of BEI 1) A chairman 2) 2 members (one of whom will be a poll clerk) --all of whom shall be public school teachers Qualifications: 1) good moral character 2) irreproachable reputation 3) registered voter in the city or municipality 4) never been convicted of an election offense or crime punishable by more than 6 months imprisonment OR if he has pending against him an information for any election offense. file in duplicate with the offices of the Commission the full. COMELEC. • No person elected to any public offices shall enter upon the duties of his office until he has filed the statement of contributions and expenditures herein required.00) to Thirty thousand pesos (P30. 5) Must be able to speak and write English or local dialect. Disqualification of BEI:  No person shall serve as chairman or member of the board of election inspectors if he is related within the fourth civil degree of consanguinity or affinity to any member of the board of election inspectors or to any candidate to be voted for in the polling place or his spouse. 20 . true and itemized statement of all contributions and expenditures in connection with the election.(k) printing sample ballots in such color. It includes one who withdrew his certificate of candidacy. within thirty (30) days after the day of the election.000. Statement of Contribution and expenses • Every candidate and treasurer of the political party shall. size and maximum number as may be authorized by the Commission and the cost of such printing shall not be taken into account in determining the amount of expenses which a candidate or political party may have incurred under Sections 100 and 101 hereof. Powers of BEI a.00). • Every candidate is required to file his statement of contributions and expenditures within the prescribed period. failure to file the statements or reports in connection with electoral contributions and expenditures are required herein shall constitute an administrative offense for which the offenders shall be liable to pay an administrative fine ranging from One thousand pesos (P1. in the discretion of the Commission. • Except candidates for elective barangay office.

sufficient space to be filled by voters. qualified voter of the city or municipality 2. Perform such other functions prescribed by this Code or by the rules and regulations promulgated by the Commission. serial numbers. Alberto Agra’s Election Law handouts. ballot contains elective offices and across them. with security markings.b. orderly and honest manner. Purpose/ What to do with them  To be used by voters in elections  Voters place the names of candidates across the elective offices Official Sample Ballots  To be shown to public and used in demonstrating how to fill out and fold official ballots 32 Lifted from Atty. to assure the holding of the same in a free. or any of the prevailing local dialects. and c. Stay in the place reserved for them inside the polling place 2. For manual. Witness and inform themselves of the proceedings of the BEI 3. printed in colored paper). shall not have been convicted by final judgment of any election offense or of any other crime 4. For automated. Rights and Duties of Watchers: 1. file protests against any irregularity or violation of the law 5. printed on special paper. English. prepared by the Commission. take notes and photographs of the proceedings 4. be furnished with a certificate of the number of votes cast for each candidate duly signed and thumbmarked by the members of the BEI. of good reputation 3. Qualifications of Watchers 1. and not related within the fourth civil degree of consanguinity or affinity to the chairman or any member of the board of election inspectors in the polling place where he seeks appointment as a watcher. 21 . must know how to read and write Pilipino. ballots prepared by government printing offices. ovals across names or numbers Similar in from to Official Ballots (no security markings and not in special paper. H. Casting and Counting of Votes Types of Ballots 32 Type Official Ballots Brief Description Form prescribed by the Comelec. Act as deputies of the Commission in the supervision and control of the election in the polling places wherein they are assigned. 5.

Sample Ballots Emergency Ballots Non-Official Ballots Should not contain any name of any candidate Prepared by Political Parties and Candidates showing list of supported candidates Similar in form to Official Ballots. placed in compartment of valid ballots  Ballots must be marked by the Board of Election Inspectors as ‘spoiled’ and signed  Chair notes in voting record  Ballot deposited in ballot box (compartment for spoiled ballots) Not be used in elections unless Comelec authorizes their use  Number of unused ballots will be determined  List to be prepared and signed by Board of Election Inspectors  Ballots shall be torn halfway  Excess ballots placed in an envelope which shall be marked “excess ballots’ and which shall be sealed and signed by the members of the board of election inspectors  The envelope shall be placed in the 22 . All ballots are returned in the box. prepared by Local Treasurer. shall publicly draw out as may ballots as may equal to the excess To be used in elections in the event of failure to receive the official ballots on time. Parties and candidates must be notified and agree in writing to their use Ballots that were used by voter found in the ballot box but are not official ballots    Not to be used in the elections Election Propaganda Promotes Candidates Spoiled Ballots Spurious Ballots Unused Ballots Official Ballots given to a voter which he/she accidentally tears. no sufficient ballots or where they are destroyed  Considered as marked ballots  Shall not be counted  Placed envelop labeled ‘marked ballots’. mixed and the poll clerk without seeing the ballots and with his/her back to the box. not official ballots. No voter shall change his/her ballot more than 2x Ballots with different serial numbers than that given before voter prepared ballot Ballots returned by voter without detachable coupon Ballots with separately printed serial numbers Officials ballots not used in the elections at the precinct level Excess Ballots Official Ballots in excess of number of voter who actually voted (determined after voting hours and before counting).

Marked Ballots Ballots used by voters that reveal their identities. • Any voter or watcher may challenge any voter offering to vote on the ground that: 1) the challenged person has received or expects to receive. has contributed. has paid. those that contain irrelevant identities. Rules on Appreciation of ballots (Please see Handouts) Jurisprudence 23 . At least a majority of the board of election inspectors determine whether or not ballots is marked   compartment for valid ballots. • Upon the taking of such oath. offered or promised to contribute money or anything of value as consideration for his vote or for the vote of another. but in case of his refusal to take such oath. shall not preclude him from voting if his identity be shown from the photograph. • The BEI 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. • Any voter. but its contents shall not be read in the counting of votes Shall not be counted Placed envelope labeled ‘marked ballots’. fingerprints. the challenge shall be sustained and he shall not be allowed to vote. His failure or inability to produce his voter's affidavit upon being challenged. those that contain irrelevant markings and nonofficial b allots (except emergency ballots) found in ballot box. Challenge based on certain illegal acts. 2) that he has made or received a promise to influence the giving or withholding of any such vote or 3) that he has made a bet or is interested directly or indirectly in a bet which depends upon the result of the election. offered or promised to pay. placed in compartment of valid ballots Challenge of illegal voters. or watcher may challenge any person offering to vote for not being registered. for using the name of another or suffering from existing disqualification. • The challenged person shall take a prescribed oath before the BEI that he has not committed any of the acts alleged in the challenge. the challenge shall be dismissed and the challenged voter shall be allowed to vote. or specimen signatures in his approved application in the book of voters or if he is identified under oath by a member of the BEI.

COMELEC and Benigno C. the names of persons who were presumably candidates for Sangguniang Barangay Kagawad were properly placed. 153 SCRA 67) A ballot should be counted even if it was not signed at the back by the chairperson of the Board of Election inspectors33. Sison.M No. No. Pangalaliwan.” as Layesa’s name written on the ballots was not found on or near any of the spaces corresponding to the correct position of Punong Barangay. not the BOC (Sanchez vs. February 22. (2) a single or double misplacement of names where such names were preceded or followed by the title of the contested office or where the voter wrote after the candidate’s name a directional symbol indicating the correct office for which the misplaced name was intended. It added that the said provision “also enforces Section 195 of the Omnibus Election Code which provides that in preparing the ballot.M. These are: “(1) a general misplacement of an entire series of names intended to be voted for the successive offices appearing in the ballot. RTJ-981403 24 . 2001. (c) immediately above the title for the contested office. GR No.” explained the Court.Ranilo A. Velasco v.” The Court said that the misplaced votes in these cases are credited to the candidates so indicated because the intention of the voters to so vote is unmistakable from the face of the ballots. without the slightest deviation. Layesa. thus defeating the secrecy of the ballot which is a cardinal feature of our election laws. Pacris v.’” The Court enumerated the exceptions to Section 211 (19). or…inexistent office. 2007) The Supreme Court drew the line between permissible deviations from the proper way of casting ballots and flagrant disregard of the elementary rules in voting under the present electoral system. A. 99-731-RTJ. each voter must ‘fill his ballot by writing in the proper place for each office the name of the individual candidate for whom he desires to vote.” “Section 211 (19) is meant to avoid confusion in the minds of the election officials as to the candidates actually voted for and to stave off any scheming design to identify the vote of the elector. March 25. The Court added that such votes did not fall under any of the enumerated exceptions to Section 211 (19) as the two ballots “present an unusual case of extremes – while respondent’s name was written way off its proper place. 166931. (b) slightly underneath the line for the contested office. and (3) a single misplacement of a name written (a) off-center from the designated space. The Court said that in appreciating the votes in question. COMELEC. in the first seven lines for that office. A.. or (d) in the space for an office immediately following that for which the candidate presented himself. the COMELEC applied the “neighborhood rule” which refers to an exception to the rule on appreciation of misplaced votes under Section 211 (19) of the Omnibus Election Code which provides that “Any vote…in favor of a candidate for an office for which he did not present himself shall be considered a stray vote. The Court said that two of the votes contested in Velasco’s appeal were “misplaced votes” or “votes cast for a candidate for the wrong.” Appreciation of ballots is the function of the BEI. Jr. 33 De Guzman v.

M.e. 150469. July 3. September 14. A chairperson of a Board of Election Inspectors is liable for an election offense when he/she brought home the election paraphernalia42. Section 211. House of Representatives Electoral Tribunal. 144197. Thus. 444 SCRA 538 [2004] 42 Herrera v. No.2002 44 De Guzman v.13. not counted in favor said candidate36. The use of two or more writings in one ballot does not invalidate the ballot unless it should clearly appear that they were deliberately put by the voter to serve as identification mark38. 144197. no. G. No.R. directed to the President of the Senate • third copy – COMELEC 34 35 De Guzman v. the assistor44. When a candidate has not been disqualified by final judgment during Election Day and was voted for. No. Election Returns (ER) The copies of the election returns shall be distributed as follows: For President.2001 Pacris v.g.2000. several ballots could be prepared by one person. This rule does not apply when name was written on second line40. December 13. Sison.M. The vote for ‘Adong’ should be considered a vote for ‘Acong’ the registered nickname of a candidate under the idem sonams rule41. March 25. COMELEC.R. the boards of election inspectors are composed of public school teachers. 35 used in elections Ballots that bear the incorrect nickname of a candidate even if such nickname is indicated in the certificate of candidacy are stray votes i. 2002 43 Cawasa v. G. A.R. the votes cast in his favor cannot be declared stray37. G. February 19. The neighborhood rule applies in situations where the name of candidate for punong barangay was written on the first line for barangay kagawad (the space for punong barangay was left vacant).R. 432 SCRA 144 [2004] 38 Ong v.2000. COMELEC. Pangalilawan. no. G.R.Ballots with detachable coupons (lower portion34) or with the upper stubs deposited in the compartment for valid ballots are valid.22. COMELEC. Omnibus Election Code 39 Ong v. Section 211. Vice President. Omnibus Election Code 40 Ferrer v. the ballot boxes must be forwarded directly to the local treasurer. Senators and Members of the House of Representatives • first copy . 143351. ‘Pare ko’) do not invalidate a ballot39. 330 SCRA 229 41 Cantoria v. G. COMELEC. There must be a final judgment before the election in order that the votes of a disqualified candidate can be considered stray. COMELEC. The minutes of voting will show the existence of illiterate or physically disabled voters which necessitated voting by assistors. No.2000 37 Ocampo v. Appellations of affection and friendship (e. They can only be relieved for cause and after due hearing43.2000 36 Villarosa v. The appointment of military personnel as members of the board of election inspectors cannot be done since under Republic Act 6646. Upon termination of the counting.to the Congress. No. RTJ-98-1403. A. 426 SCRA 698 [2004] 25 . 14651. 99-731-RTJ.city or municipal board of canvasser • second copy . COMELEC. December 13. August 14. House of Representatives Electoral Tribunal. Court of Appeals.

the number of the precinct.deposited inside the compartment of the ballot box for valid ballots Certificates of Votes.provincial board of canvassers • fourth copy . falsification or any anomaly committed in the election returns concerned.city or municipal board of canvassers • second copy – COMELEC • third copy . so that in case the election statement submitted to the BOC does not tally with the certificate in his hands. The certificate shall contain the number of votes obtained by each candidate written in words and figures. and shall be signed and thumbmarked by each member of the board. alteration. he may proceed to treasurer’s office or COMELEC and secure the official copy of statements. That failure to present any certificate of votes shall be a bar to the presentation of other evidence to impugn the authenticity of the election returns45.dominant minority party • sixth copy . when duly authenticated by testimonial or documentary evidence presented to the board of canvassers by at least two members of the board of election inspectors who issued the certificate: Provided. the name of the city or municipality and province. then present such copy to the BOC and demand appropriate remedy 3) To serve as evidence in the protest and in subsequent prosecution of election inspectors.citizens' arm authorized by the COMELEC to conduct an unofficial seventh copy . the BEI shall issue a certificate of votes upon request of the watchers. Rules on COVs • COVs can only serve as evidence to prove tampering or falsification of election returns. COVs shall be admissible in evidence to prove tampering. Only election 45 Balindong vs.dominant majority party • fifth copy .citizens' arm authorized by the Commission to conduct an unofficial count • seventh copy . Functions of certificate of votes: 1) To prevent or deter the members of the BEI from altering the statements because they know of the existence of such certificates 2) To advise the candidate definitely of the number of his votes. 27 SCRA 567. Certificate of Votes as Evidence. It does not constitute sufficient evidence of the results of the election.• • • count • fourth copy .dominant minority party sixth copy .deposited inside the compartment of the ballot box for valid ballots For local officials: • first copy . 26 . COMELEC.dominant majority party fifth copy . the total number of voters who voted in the precinct and the date and time issued. After the counting of the votes cast.

or any other anomaly committed in the election returns concerned. Provincial BOC: • Provincial election supervisor OR a lawyer in the regional office of the COMELEC as chairman • Provincial fiscal as vice-chairman • Provincial superintendent of schools as member B. No. G. NOTE: The relationship of the BOC with one another or with a candidate up to the 4th degree is a ground for removal or disqualification of the member of the BOC concerned. resort to the certificate of votes is IN ORDER. Board of Canvassers (BOC) Board of Canvassers • Function: 3-Member Collegial Body tasked to Canvass Election Returns or Certificates of Canvass and Proclaim Winning Candidates. I. Composition of the Board of Canvassers (BOC): A. and NOT when it involves material defects in an election return under Section. June 21. The certificate of votes is also evidence of the votes obtained by the candidates but said certificate must be duly authenticated. 1999 27 . Neither is the tally board sufficient evidence of the real result to the election. COMELEC. COMELEC shall designate C.46 The Certificate of Votes can only be admissible in evidence to prove tampering. Where the issue involves discrepancy in the election return. alteration.• • • • • • returns are. 234. signed and thumbmarked by the each member and not just the chairman. when duly authenticated. 134293. Municipal BOC • Election registrar or rep of COMELEC as chairman • Municipal treasure as vice-chairman • Most senior district school supervisor or in his absence a principal in the school district or the elementary school.R. falsification. 46 Recabo v. City BOC • City election registrar or lawyer of COMELEC as chairman • City fiscal as vice0chaitman • City superintendent of schools as member • In cities with more than 1 election registrar. A certificate of votes does NOT constitute sufficient evidence of the true and genuine results of the elections Only election returns are evidence of true and genuine results of the elections. Neither is the certified list of winning candidates sufficient evidence of the results of the elections.

Rules on Substitution: 1. 3rd copy shall be kept by chairman of BOC d. With respect to other members. 4th copy to citizen’s arm e. city or municipal BOC shall canvass the ER of President. 5th. In case of non-availability or disqualification of CHAIRMAN of the BOC. 6th and 7th copies shall be given to any 3 of the 6 major political parties In the discharge of its function. 6th and 7th copies shall be given to any 3 of the 6 major political parties 2. 5th. Municipal Administrator ii. 2. 1st copy to provincial BOC for its use in its canvass b. 2nd copy to COMELEC for its canvass of election result for Senators c. Vice-Pres. the following shall be substitutes IN THE ORDER NAMED: a. 2nd copy to COMELEC c. 3rd copy shall be kept by Chairman of BOC d. Provincial BOC shall prepare 7 copies of certificate of canvass for President. Senators. And thereafter shall prepare the certificate of canvass and proclaim the winners. provincial auditor ii. In case of city BOC. Congressman and for elective provincial officials as well as plebiscite results as submitted by the BOC of municipalities and component cities. officials corresponding to those enumerated in provincial BOC at the city level. 1st copy sent to Congress directed to President of Senate for its use in the canvass of election results for President and Vice-President b. Any other available municipal officials Functions of the BOC 1. VicePresident and Senators and distributed as follows: a. BOC may constitute a canvassing committee to be composed of 3 members 28 . Clerk of Court nominated by Executive Judge of RTC iv. Registrar of Deeds iii. provincial BOC shall canvass the certificate of canvass for President. Congressman and for elective provincial and city or municipal officials. Senators. 4th copy given to citizen’s arm e. Clerk of Court nominated by Executive Judge of MTC iv. COMELEC shall appoint as substitute a ranking lawyer of COMELEC 2. Failure to comply with this is an election offense 1. city or municipal BOC shall prepare a certificate of canvass in 7 copies and distributed as follows: a. Municipal BOC: i. Municipal Assessor iii. it shall prepare a certificate of canvass and proclaim the winners The BOC shall prepare the certificate of canvass duly signed and thumbmarked supported by a statement of votes received by EACH candidate in each polling place and on the basis thereof proclaim the winners. Upon completion of the canvass. Any other available appointive provincial officials b. provincial BOC: i. Vice-Pres. c.

After proclamation. 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. 8. Majority votes all members (2 of 3) needed to decide disputes. Statement of Votes • Tabulation per precint of the votes obtained by the candidates as reflected in the ERs. 3.5 of RA 9189. (Pimentel Jr. COMELEC ) • Congress may validly delegate the preliminary determination of the authenticity and due execution of the Certificates of Canvass to a Joint Congressional Committee (Ruy Elias Lopez vs. Consider only Election Returns. Not consider evidence aliunde).Congress shall act as the Board of Canvassers for the election of President and Vice President pursuant to Republic Act No. • Even after Congress had adjourned its regular session. vote-buying. vs. army or security officer allowed within 50 meters from canvassing room unless called in writing by the BoC to stay right outside room. insofar as it grants sweeping authority to the COMELEC to proclaim all winning candidates is unconstitutional as it is repugnant to Sec. BoC exercise ministerial duty (i. (Makalintal vs.e. 6. Joint Committee of Congress. Proceedings are continuous from day to day. 11. Place will be designated. BoC shall suspend canvass.e. After all election returns/ certificates of canvass canvassed and contested returns/ certificates ruled upon. Comelec has control over BoC. Art VII of the Constitution which vests in Congress the authority to proclaim the winning Presidential and Vice-Presidential candidates. Only member of BoC and Canvassing Committees and Watchers and Lawyers and Comelec Representatives allowed. Canvassing in Public. BoC is a collegial body. 9. Canvass shall be completed: 36 hours for municipalities. Proceedings before BoCs are summary. 7166 • Section 18. duress. 7.) FEATURES OF the BOC 1. 4. 4. No dilatory moves will be allowed. Face of Election Returns. Grounds for Pre-Proclamation Controversies are exclusive: Misappreciation of ballots. 48 hours for cities and 72 hours for provinces / districts. No proclamation until Comelec rules on appeal made on rulings (pre-proclamation cases) unless results will not be affected. 2. mechanical and mathematical computation – addition of votes. intimidation and absence of padlocks are not grounds for pre-proclamation issues. May call police officers. Canvass for National positions to proceed. Quorum needed. Suspend canvass of questioned Election Returns / Certificates of Canvass) for Local positions and temporary tally made. terrorism. 5. Resolve pre-proclamation controversies. General public may be allowed to witness proceedings. 10. No police. Senate of the Philippines. 12. without interruption except to adjourn (await ERs). BoC becomes functus officio. • Prepared by the BOC Nature of the functions of BOC: 29 . BoC can enforce obedience to its lawful orders. BoC exercises quasi-judicial functions (i. padding of voters list.

much less exclude it from the canvass. The death of a candidate AFTER election does NOT empower BOC to disregard the votes cast in his favor and to count the votes only of the remaining candidates and proclaim the candidate who obtains the winning votes. In the discharge of its duty to canvass. 3. 11. where objection is made thereto. they CANNOT pass upon the validity of an ER. Settled id the rule that the candidate who obtains the highest number of votes or is later declared disqualified or NOT eligible does NOT necessarily entitle the candidate who obtained the second highest to be declared as winner. 4. A contarario.1. If after the canvass. Thus. a canvass based on tampered returns is illegal. The preparation of incorrect certificate of canvass and erroneous proclamation is punishable 12. 9. When BOC may proclaim winners: • After BOC makes a ruling as to the existence of defects in the ER. 10. 8. BOC is empowered to accept as correct ER which are in due form and to ascertain and declare the results as it appears therefrom. 6. • The law requires that the BOC shall continue to canvass the remaining unquestioned ER. it merely sets the questioned ER aside and does NOT canvass the votes therein. The BOC may NOT go beyond the ER to ascertain questions relating to the defects or irregularities. BOC which proclaimed as winners certain candidates on the basis of erroneous ER. BOC is a ministerial body enjoined to canvass votes in the ER submitted to it in due form. When so satisfied. they may NOT reject the ER because of informalities or because of illegal and fraudulent practices in the election. Its powers are limited to mechanical or mathematical function of ascertaining and declaring the apparent result of the election by adding or compiling the votes cast for each candidate as shown in the ER 2. BOC MUST count the votes in favor of said dead candidate and to proclaim him as winner if he garners the highest number of votes BUT with information that he died. It cannot nullify such ER because it is vested with the COMELEC in an appeal taken by the aggrieved party from the ruling of the BOC. BOC are to be satisfied of the genuiness of the ER. 5. The duty of the BOC to canvass ONLY authentic or genuine ER implies that it has quasijudicial power to determine whether the ER submitted to it are genuine or not. with the result that the candidate obtaining the winning number of votes was NOT proclaimed may be held criminally liable. It has NO juridical power and must depend exclusively upon the statements of returns made by BEI. BOC CANNOT look beyond them to verify allegations of irregularities in the casting or counting of votes 7. Alleged tampering must therefore be ascertained first by BOC and in appropriate cases by COMELEC. each ER is examined and BOC should determine whether there are material defects in the ER. it should be determined that the ER which have been set aside will affect the results of the election. Accepted rule is that so long as the ER appear to be authentic and duly accomplished. NO proclamation shall be made 30 . BOC CANNOT open the ballots NOR recount the votes. to pave the way for the law on succession. It is the ministerial duty of BOC to count the results as they appear on the ER which on their face do NOT reveal any irregularities or falsities. namely that they are not forged and spurious.

lost or destroyed Material defects in the ER When ER are tampered or falsified Discrepancies in the ER Sec 233: When ER are destroyed. any matter raised under Sec 233. J. Proclamation made by BOC which is illegally constituted. or 2. Proclamation made on the basis of incomplete ER where the missing ones would affect the result of the lection 5. Proclamation made by BOC which was NOT signed by majority of all members thereof 7. the BOC may legally proceed to make the proclamation even WITHOUT authorization from COMELEC. upon prior authority from COMELEC may use any of the authentic ER or certified copy issued by COMELEC Sec 234: Material defects in the ER • Material defect if some requisites in form or data have been omitted in the ER. where such ER would affect the results of the election. When proclamation by BOC is VOID: 1. A proclamation made by BOC in defiance of the COMELEC’s order to use only genuine ER or in defiance of the COMELEC’s lawful directive to suspend proclamation. Pre-Proclamation Controversies (PPC) A PPC refers to any question pertaining to or affecting: 1. lost or delayed • If ER is missing. custody and appreciation of the ER 233--234--235--236--when ER are delayed. 235 and 236 in relation to the preparation. where a member NOT disqualified to sit therein has been illegally excluded. where its meeting was unauthorized either because it lacked the quorum or did not meet at all 6. BOC shall require BEI to complete the data PROVIDED that if the omitted ER CANNOT be ascertained except by recount. • If the questioned ER will NOT affect the results of the election. A proclamation made on the basis of falsified returns or returns prepared under duress. BOC shall obtain such missing returns from BEI • If ER are lost or destroyed. COMELEC shall then order BEI to open ballot box and do a recount for the omitted candidate with notice to other candidates 31 . Proclamation based on advance copies or Photostat copies of ER NOTE: A proclamation which is null and void is NO proclamation at all. BOC. the proceedings of the BOC which may be raised by any candidate or by any registered political party or coalition of political parties before the BOC or COMELEC. Any proclamation in violation of which shall be void. A proclamation made where the questioned returns set aside will affect the result of the election and the BOC proceeded to proclaim without authority from COMELEC. the COMELEC must first satisfy itself that the integrity of the ballot box has NOT been violated. • BOC shall call BEI to correct the ER • In case of omission of the name or votes of any candidate in the ER. 234. 3. transmission. 2. receipt. 4.EXCEPT upon order of the COMELEC after due notice and hearing.

COMELEC has EXCLUSIVE jurisdiction over PPC. No PPC in election of President. Senators and Members of the House of Representatives • However petition to correct manifest errors or questions affecting the composition or proceedings of the BOC are allowed Scope of PPC: 1. intimidation or prepared by persons other than BEI • BOC shall use the copies of ER. Questions pertaining to the proceedings of the BOC such as: a. 234. May be appealed to COMELEC within 48 hours therefrom NOTE: These grounds are EXCLUSIVE and RESTRICTIVE!! Extent of COMELEC’s jurisdiction: 1. appellate jurisdiction in appeals from rulings of BOC on any issue under Sec 243 • 32 . upon motion of the BOC may order a recount for the sole purpose of determining the true result of the count of votes of the candidate concerned. The COMELEC en banc only has jurisdiction only on MFR of the resolution of the COMELEC in division. 3. after satisfying itself that integrity of the ballot box has NOT been violated with due notice to other candidates. Vice-President. 2. lack of sufficient notice to the members of BOC d. disregard of manifest irregularities • It may be initiated or filed with BOC whose ruling is subject to appeal to COMELEC within 3 days therefrom OR directly with the COMELEC 2. its original jurisdiction in cases directly brought before it or b. Issues under Secs 233. when canvassing was pre-determined and manipulated which resulted into a sham c. force. COMELEC may order a recount if the integrity of the ballot box has been preserved and prepare a new ER with due notice to other candidates. PPC shall be decided by the COMELEC in division. COMELEC discharges its power in the exercise of : a. BOC shall use the ER inside the ballot box • If even the ER inside the ballot box is tampered. If ALL of them are tampered. illegal composition or proceedings of BOC b. upon prior authority of COMELEC. 235. 236 It shall be brought in the first instance with BOC only.Sec 235: When ER appears to be tampered or falsified • The ER must appear to be tampered or falsified AFTYER they have left the hands of the BEI or were prepared by BEI under duress. Sec 236: Discrepancies in the ER: • Discrepancies in the other authentic copies of the ER from a polling place or in the votes of any candidate in words and figures in the SAME ER AND the difference affects the result of the election • COMELEC. IT may motu proprio or upon written petition and after due notice and hearing order partial or total suspension or annul a proclamation.

COMELEC is NOT to look beyond the ER which is on their face regular and authentic. NOTE: In PPC. the COMELEC shall summarily decide the appeal within 7 days from receipt thereof. where BOC NOT constituted in accordance with law. Notes on the 1st ground: Illegal composition or proceeding of BOC: 1. 4. Allegations of massive vote buying and terrorism Notes on the 2nd Ground : Material Defects in the ER 33 . 235 and 236 3. Sec 243: the following are proper issues that may be raised in a PPC: 1. the question of padding of the registry list of voters 3. When substitute or fraudulent ER in controverted polling places were canvasses. 234. A party seeking to raise issues beyond the ER’s face must file an election protest. Even if questions on discrepancies between the number of votes appearing in statement of votes and that of ER is NOT a ground for under Sec 243. 2. hence resort to examination of fingerprints or handwriting appearing on the voter’s list may NOT be allowed. The 7 day period is directory. 3. 2. is deemed affirmed. A PPC is summary in nature. The canvassed ER are incomplete. On the basis of the records and evidence. The following are NOT PPC issues: 1. Proceedings of the BEI such as appreciation of ballots 2. Illegal composition or proceeding of BOC 2. Appeal therefrom must be taken within 3 days from ruling of BOC • rulings on questions contesting ER. no quorum and required notice to members thereof. and was overruled by BOC. otherwise it could no longer be entertained. in appeals from rulings of BOC • rulings on questions contesting its composition or proceedings. The ER were prepared under duress . the results of which materially affected the standing of the aggrieved candidate. contain material defects.COMELEC exercises authority to decide PPC in 2 instances: 1. His recourse would be to appeal the same within 3 days from the time of contested ruling. hence subject of election protest and NOT PPC. threats. If however. appear to be tampered with or falsified. he has to take the appeal to COMELEC. he must file with BOC a written and verified notice of appeal and within an unextendible period of 5 days. coercion or intimidation or they are obviously manufactured or not authentic 4. or contain discrepancies in the same returns or in other authentic copies thereof as mentioned in Sec 233. However. Adverse party must inform BOC that he intends to appeal and within 48 hours. nonetheless it involves the proceedings of the BOC that may be raised directly with the COMELEC under Sec 241 because the statement of votes supports the COC and is the basis of proclamation. The fact that certain votes were counted by the BEI should have been invalidated 4. COMELEC fails to decide the appeal by the beginning of the term of office involved. the ruling of the BOC as a rule. where a candidate objected to canvassing held by BOC. the appreciation of votes is NOT a proceeding of BOC but of the BEI. in petitions directly filed with it.

force. Where the proclamation was flawed because it was based on a clerical or mathematical error. Manufactured when NO elections were held or where the BERI stated that they never served or did NOT participate in any election. Once a timely appeal was made. Clerk of Court shall issue summons and set it for hearing 7. It is NOT enough that there is duress. the candidate concerned may petition COMELEC to reopen the ballot box and do a recount after notice to other candidates and after COMELEC is satisfied that integrity of ballot has NOT been violated Notes on 3rd ground: Obviously manufactured returns 1. BOC shall NOT proclaim winner unless the votes are NOT affected by the appeal. The fact that a proclamation has been made does NOT pose a legal obstacle to the appeal because where a void proclamation is NO proclamation at all and COMELEC retains jurisdiction to declare it a nullity 9. Such omissions a substantial defect that makes the ER falsified or manufactured. appeal shall be heard by COMELEC 8. An “obviously manufactured ER” is one which is evident from its face that it is so such as when it has NOT been issued by BEI or has been manufactured by some unknown 3 rd party 3. it raises serious doubts as to the authenticity of the ER. not PPC> 5. 2. 3. Appeal must implead the BOC as respondents and all parties concerned. 34 . Upon receipt of appeal. In which case. 4. 6. ER lacks requisites of form or data. which CANNOT be corrected by the BEI except by recount. BOC shall call BEI to correct the returns expeditiously. The same may be challenged even after the candidate has assumed office. etc. 3. the mere fact that the registry list of voters was padded does not render the ER obviously manufactured where the votes cast for a candidate do NOT exceed the number of voters in the padded list. 6. . The order for correction must be made in writing and must be promulgated. The padding of list is a ground for election protest. Such fatal omission stamps the ER with the mark of falsity and justifies their exclusion from canvass. A proclamation based on faulty tabulation of votes is flawed and a petition to correct such errors.1. There must also be showing that the same affected the regularity or genuiness of the ER or that the true results of the voting have been altered. When mistakes pertain to omission of votes of candidate. there can be NO valid proclamation. Where the ER is NOT signed by BEI. 5. ER is obviously manufactured where they show a great excess of votes that could have been legally cats. Notes on manifest errors in the ER: 1. It may be appealed within 24 hours from promulgation. even if filed out of time may sometimes be considered by COMELEC. Omission of the signatures or initials of members of BEI in the ER is NOT a requisite form or data that could be corrected because the law requires that the signatures be affixed in public view immediately after the last voter record. That duty devolves upon the BOC and NOT the COMELEC. Where voting was done buy persons other than the registered voters while the armed men dictated and prepared the ballots and ER. BUT. COMELEC may inquire in a PPC into this question. 2. there was NO election at all so COMELEC may invalidate the ER. 4. 2.

BOC shall take up the contested ER. COMELEC finds the petition to appear meritorious. HOWEVER. 3. the ER may be nullified by COMELEC. And accordingly issues an order for the proceeding to continue OR when an appropriate order has been issued by SUPREME COURT in a petition for certiorari.10. COMELEC’s decision shall be executory after the lapse of 7 days from receipt by the losing party of decision of COMELEC. each of whom exactly the same number and the opposers got zero. Simultaneous with the oral objection. Upon receipt of objection. transmission. any party may file a written and verified opposition to the objection. where nullification of the questioned ER will NOT affect the substantial winning margin of the candidate (without prejudice to an election protest) Sec 245 as amended by RA 7166: Contested ER: • All PPC pending before COMELEC shall be deemed terminated at the beginning of the term of office of the candidate and the rulings of BOC shall be deemed affirmed WITHOUT prejudice to file an election protest. and summarily rule thereon. 2. BOC shall NOT entertain any objection or opposition UNLESS reduced in WRITING. --This rule as to render the ER excludable from canvass may apply only when such improbability is shown on the ER itself without regard to evidence aliunde Where doctrine does NOT apply: 1. Objection shall be recorded in the minutes of the canvass. BOC shall automatically defer the canvass on the contested ER and shall proceed to canvass with the others not contested. 4. • All PPC relating to ER may be appealed to COMELEC. Even if this is a ground for election protest. Within the same 24 hour period. if a candidate obtained 100% of the votes cast or where a number of votes cast in favor of a candidate was NOT greatly in excess of the registered number of voters. the objecting party must enter his objection in a written form within 24 hours from presentation of the objection as well as evidence in support thereto. BOC shall enter its ruling on the prescribed form and authenticate the same by signatures of members of BOC. it does NOT preclude COMELEC to exercise its authority as sole judge of PPC and exclude them from the canvass The Lagumbay Doctrine of Statistical Improbability: --This pertains to instances where there exists uniformity of tallies in favor of candidates belonging to one party and the systematic blanking out of the opposing candidates. Candidate or political party shall submit oral objection to chairman of BOC at the time the questioned ER is presented for inclusion in the canvass. Upon receipt of evidence. terrorism and other irregularities affected the integrity of the ER. 2. 35 . etc of ER shall be brought in the 1st instance with the BOC. It leads to the impression that the ER was manufactured. • Questions relating to preparation. as when all candidates of 1 party received all the votes. Where massive vote buying. proceedings may still continue with the COMELEC when on the basis of the evidence. within 7 days from receipt of ruling by BOC. Procedure in disposition of Contested ER: 1. where 2 of the party candidates received zero votes while the others received some votes 3.

Where all copies of the ER outside of the ballot box are lost or destroyed. Party adversely affected by the ruling of BOC shall immediately inform BOC if he intends to appeal the ruling. BOC shall suspend the canvass. 5. BOC shall make the appropriate report to COMELEC elevating the records and evidence submitted in the canvass and furnishing the parties with copies of report. 4. COMELEC . proclamation made on the basis of incomplete ER and the returns NOT included in the canvass would materially affect the result of the election. COMELEC may summarily order the proclamation of winning candidates whose election will NOT be affected by the outcome of the controversy. upon proper petition . set aside ER and proceed to consider the other ER. This can be done even without prior notice and hearing. Immediately upon receipt of notice of appeal. hence a recount is in order. If such ER is also tampered with. upon proper petition may retrieve the ER inside ballot box. Where votes for a candidate were omitted in the ER and they CANNOT be ascertained without recounting the ballots. BOC shall enter said info in minutes of the canvass. COMELEC. On the basis of such. 7. Within 48 hours therefrom. 8. Where all copies of the ER outside the ballot box are tapered or falsified with. upon proper petition. BOC can proclaim as winners those not contested without prior authority form COMELEC. COMELEC shall decide summarily the appeal within 7 days from receipt of such records. The following are illustration: 1. An appeal brought without the requisite accomplished forms and evidence shall be summarily dismissed. Where discrepancy or difference exists between 2 or more authentic copies of the ER or where discrepancy exits between the votes expressed in words and those in figures in the same ER. COMELEC may order the opening of ballot boxes to retrieve the ER therein deposited or recount the votes as a basis for the proclamation of the winning candidates in the following instances: 1. NO canvassing could have been logically conducted by BOC. 6. there may be a recount of ballots and preparation of a new ER to be used in the canvass. COMELEC may order a recount a prepare a new ER. In PPC. 2. may order that the ballot box be opened to retrieve the ER 2.5. Actually. proclamation made in an unauthorized meeting of the BOC either because it lacked the required quorum or because it did NOT meet at all. may order a recount 3. Any proclamation made in violation hereof shall be void UNLESS the contested ER will NOT affect the results of the election. Decision of CXOMELEC shall be immediately executory after lapse of 7 days from receipt of losing party. COMELEC must first satisfy itself that the integrity of the ballot box has NOT been violated and that the ER must affect the results of the election. any p[arty adversely affected may file with BOC a written and verified notice of appeal and with an unextendible period of 5 days thereafter. After all Uncontested ER have been canvassed and contested ER ruled upon by it. 9. Partial proclamation Notwithstanding the pendency of PPC. Where all the copies of the ER were lost. 36 . NOTE: Before ballot box will be opened. an appeal may be taken to COMELEC. COMELEC may suspend or annul illegal proclamations made by the BOC. the COMELEC. BOC shall NOT proclaim any candidate as winner unless authorized by COMELEC after the latter has ruled on the objections brought to it on appeal by losing party.

proclamation made in defiance of the COMELEC’s orders not to proclaim 4. 4. Election protest filed ad cautelam pending PPC does NOT render the latter moot and academic. Hence. Effects of filing petition to annul proclamation: 1. the proclaimed candidate’s assumption of office CANNOT deprive COMELEC of the power to declare such nullity and annul the proclamation. The case is NOT over until the SUPREME COURT gives its verdict. this is true only where the proclamation is based on a complete canvass. the Comelec is limited to an examination of the election returns on their face. proclamation made on the basis of falsified returns which will affect the results of the election 5. where its purpose is merely to insure the preservation of all ballot boxes that would otherwise be used for another election. proclamation made notwithstanding patent defects in the ER without awaiting proper remedies for verification and use of authentic copies thereof 6. COMELEC has NO authority to annul the proclamation of a candidate or suspend its effect without prior notice and hearing.3. the parties may litigate all the legal and 47 Lifted from Atty. proclamation made by wrongfully excluding a number of ER that would affect the result of the election 8. are anathema to a preproclamation controversy. such as the List of Voters with Voting Record is proscribed. 37 . Such issues should be posed and resolved in a regular election protest. the resolution of which would compel or necessitate the Comelec to pierce the veil of election returns which appear to be prima facie regular. The proceedings in a pre-proclamation controversy are summary in nature. proclamation made even before questions involving the validity of returns which will affect the result of the election are resolved by COMELEC 7. Pre-proclamation controversies are limited to challenges directed against the Board of Canvassers and proceedings before said Board relating to particular election returns to which candidates should have made specific verbal objections subsequently reduced to writing. As a rule. Jurisprudence47 1. Issues such as fraud or terrorism attendant to the election process. It is beyond the Comelec’s jurisdiction to go beyond the face of the returns or investigate election irregularities. hence the computation of the 10 day period for filing an election protest does NOT begin until that verdict has been handed down by the SUPREME COURT. 3. A pre-proclamation controversy is limited to an examination of the election returns on their face. Reception of evidence aliunde. proclamation made on the basis of uncontested returns. A pre-proclamation controversy does not delve into the conduct of the elections. BUT. Rule is that the proclamation of a winning candidate makes a PPC NO longer viable. filing with COMELEC of a petition to annul or to suspend the proclamation or with the SUPREME COURT on certiorari shall suspend the running of period within which to file an election protest or quo warranto 2. in which the contested returns would affect the results of the election without authority from COMELEC. Alberto Agra’s Election Law handouts. Appeal by certiorari to the SUPREME COURT is part of the annulment proceeding. on their face. In a regular election protest. where a proclamation is void.

R. COMELEC. 150111. the canvass which excluded said candidate was an incomplete canvass and the proclamation of the other candidate is illegal. An incomplete canvass of votes is illegal and cannot be the basis of a subsequent proclamation a canvass is not reflective of the true vote of the electorate unless the board of canvassers considers all returns and omits none. G. A petition to correct entries in the certificates of canvass on the ground of manifest errors must be predicated on errors that appear on the face of the certificate of canvass sought to be corrected. the rule does not apply. December 9. G. 322 SCRA 866 52 Navarro v. it is immaterial whether the Comelec used provincial certificates of canvass or municipal certificates of canvass in the subsequent canvass56. 166229. COMELEC. 148941.2003 53 Siquian v. This rule applies only where the objection deals with a pre-proclamation controversy52. G.R. December 11. No. Once a proclamation has been made.R. G. No. The rule that the Comelec cannot go behind the face of an election return admits an exception. 2005 Lee v. this is true only where the election returns missing or not counted will affect the results of the election. 2003 55 Sena v. The Board of Canvassers or the Comelec cannot go beyond the returns and investigate election irregularities (as in falsification)60. When the issue of eligibility of a candidate is still pending. An appeal concerning the composition or proceedings of the board must filed with the Comelec within three days. Decisions of the board of canvassers not appealed within the 5-day period become final.factual issues raised by them inasmuch detail as they may deem necessary or appropriate. the resolution canceling the certificate of candidacy should be set aside. When there is prima facie showing that the election return admits an exception return is not genuine. 405 SCRA 363 50 Utto v. No. However. it is necessary to recanvass the returns in all the precincts. G. G. 135627. G.58 6.R.54 4. There is manifest error when on the face of an 48 49 Lucman v. No. 57To determine the winning candidate.2001 38 . No.R. as when several entries have been omitted. Since the election returns not included in the national canvass as well as the results of the special elections to be held would not materially affect the results of the elections. G.49 3. No. April 4. COMELEC. March 13. COMELEC. 134163. COMELEC. January 31.R. No. COMELEC. COMELEC. G.55 5. COMELEC. 2000 56 Barbers v. COMELEC. G.2003 58 Salic v.R. 150799.53 When a candidate (whose certificate of candidacy has been denied but has not become final) has been proclaimed. No.R.48 2.2005 57 Lorenzo v. February 3. 424 SCRA 735 59 O’Hara v. A proclamation made pending appeal of the ruling of the board of canvassers 50or when the Comelec has yet to resolve the petitions for special election (in precincts were no election were conducted)51 is void. 165691. 149802.1999 54 Saya-ang v. November 28. June 29. The precincts must be identified59. No.2002 60 Belac v.2002 51 Imman v. 155087. June 15. COMELEC. a pre-proclamation caser should be dismissed. the canvass which excluded said candidate is still pending.R. COMELEC.158371. COMELEC. COMELEC. December 13.R. No.

2003 76 Saranggani v. December 15. It is possible that a candidate receivers zero votes in one or two precincts. G. COMELEC. No. COMELEC. November 29. 8. 165677. The enumerations of pre-proclamation grounds under Section 243 of the Omnibus Election Code is exclusive75. February 3. G.R. COMELEC. G. COMELEC. 424 SCRA 267 [2004] 75 Navarro v.R. 406 SCRA 679. 134657. November 28. A public school teacher cannot substitute for a district school supervisor since under Republic Act No.R. 327 SCRA 713 69 Ocampo v. 150799. 327 SCRA 406 72 Chu v. 404 SCRA 352 67 Trinidad v. Since the Comelec may motu propio correct manifest errors.2005 64 Trinidad v. No. COMELEC. 152080. 134657.R. COMELEC. 323 SCRA 403 63 Badiri v.R. 61 62 Angelia v. G. 326 SCRA 636 70 Ocampo v. and lack of inner paper seals in several envelopes74 are not grounds for excluding an election return. Formal defects70. A pre-proclamation case praying for correction of manifest errors must be filed not later than one day after the date of proclamation of the results of the election64. November 11.2003 74 Bandala v.election return.155560. 6646. Erasures that are actually mere corrections to reflect the actual number of votes garnered do not justify exclusion of the certificate of canvass76. Dela Llana v. absence of required number of padlocks containing the election returns prior to actual canvassing73. No. intimidation72. Balmores-Laxa.R. COMELEC. 7. 1999 68 Velayo v. June 8. No.R. An answer with counter-petition for correction of manifest errors is allowed67. 425 SCRA 735 [2004] 39 . Under the Comelec Rules of Procedure. COMELEC. this rule may be suspended by the Comelec65.R. COMELEC. No. February 3. duress71. the school principal is the proper substitute. In the interest of justice.2003 77 Salic v. 404 SCRA 352. COMELEC. This fact alone cannot support the contention that the election return contains statistically improbable results68. COMELEC. COMELEC. No. Milla v. A petition for correction of manifest errors may be filed involving the elections of members of the House of Representatives 62. a candidate was credited with more (or less) than what is showed in the tally61. No. This is also true when only one candidate obtained all the votes in some precincts69. No. 332 SCRA 757 Sandoval v. COMELEC. COMELEC. 326 SCRA 636 71 Sebastian v. December 15. G. Manifest errors in a municipal certificate of canvass may be raised before the Municipal or Provincial Board of Canvassers63.1999 73 Navarro v. COMELEC. 9.1999 65 Barot v. 150799. G. G.2003 66 Barot v. 135423. The improper substitution leads to the nullification of the proclamation due to illegal composition of the board of canvassers77. COMELEC. G. a petition to correct manifest errors must be filed within 5 days after proclamation. a Board of Canvassers can file a petition for correction before the Comelec66. COMELEC. COMELEC.

2003 82 Dagloc v. December 10. 154442.R. December 20. No. 86 Gustilo v. K. Only the Comelec.R. No.1999 Cordero v.135627. The dismissal of a pre-proclamation case improperly filed before the Comelec is without prejudice to the filing of a regular election protest before the proper tribunal. 323 SCRA 403 85 Dagloc v. Dagloc v. COMELEC. No. 405 SCRA 363.R. COMELEC.R. 13. G. Original and Exclusive 1. July 6. No. 135084. August 25. Senator – Senate Electoral Tribunal 3. Municipal Officials – RTC 6. 154442. new election return should be prepared82. December 10. G. No. COMELEC. G. 14. Due process requirements must be observed before the Comelec rules on the petition84. the period for the filing of which is deemed suspended by the filing of the aforementioned case88. not the regular courts has the authority to annul a proclamation86.1999 81 Lee v. 134826. Regional/Provincial/ City Officials – COMELEC 5. After which. Any objection must be reduced in writing and evidence must be presented within 24 hours. The Comelec after ascertaining the integrity of the ballot box and of the ballots. No. Real.10. COMELEC. Appellate 78 79 Siquian v.1999 80 Olandriz v. 141952. G. A case incorrectly denominated as a petition for quo warranto when in fact it questions the legality and prematurity of the proclamation is in effect an action to annul a proclamation and the same does not constituted abandonment of a preproclamation case earlier filed87. 353 SCRA 1 87 Dumayas v.R.R. can order a recount if the integrity of the ballot box is intact 81. An order setting aside a proclamation must be rendered after prior notice and hearing. G. 166229. Outright exclusion of an election return is not proper85. G.2003 83 Salic v.2001 88 Lucman v. 11. Congressman – HRET 4. Objection of an election return cannot be made after the same has been canvassed78. COMELEC .2005 40 . June 29. The use of the election return inside the ballot box or a recount. No. 425 SCRA 735 [2004] 84 Sandoval v. COMELEC. No. COMELEC. G. Barangay Officials – MTC B. may also apply to returns whose pages bear dissimilar numbers since such returns also appear to be unauthentic83. A recount is in order where a discrepancy exists between the votes written in words or in figures80. the procedure laid down in Section 235 of the Omnibus Election Code.R. COMELEC. otherwise the objection will be summarily dismissed79. G. April 20. R. 12. Pres/Vice Pres – Supreme Court as Presidential Electoral Tribunal 2. Election Contests Jurisdiction Over Election Contests: A. COMELEC. COMELEC. COMELEC.

Election protests are those which pertain to the casting and counting of votes and raise questions as to who actually received the majority of the legal votes. whose decision shall be final. 4. It can be filed by any voter. Must be filed by a candidate who has filed a certificate of candidacy and has been voted upon for the same office. Filed by any registered voter 2. Protestee may be ousted and the protestant may be seated in the office vacated Quo Warranto 1. irregularities or illegal acts committed before. Based on disloyalty or ineligibility of the winning candidate. From the decisions of the COMELEC. From decisions of the Electoral Tribunals. appeal shall be exclusively made to the COMELEC. Quo Warranto is that which pertain to the eligibility or disloyalty of the winning candidates 3. It is based on grounds of election fraud and irregularities in the counting and casting of votes or in the preparation of the returns. Election Protest 1. On grounds of eligibility or disloyalty to the Philippines 3. terrorism. It is NOT strictly speaking a contest. EP can only be filed by a candidate who has duly filed a certificate of candidacy to the same office and has been voted for 3. 2. Criminal Prosecution for violation of an election offense will disqualify a winning candidate from holding office. Respondent may be unseated but the petitioner may not be seated.1. appeal shall be made to the Supreme Court via Petition for Review on Certiorari under Rule 64 and 65 of the Rules of Court 3. From decisions of the RTC and MTC. 2. Requisites for election protest: 1. Must be filed within 10 days from proclamation Requisites for election protest: 1. Must be filed within 10 days from proclamation 41 . executory and unappealable 2. appeal shall be made to the Supreme Court via Petition for Review on the ground of grave abuse of discretion amounting to lack or excess of discretion Post Election Disputes: 1. It is a proceeding to unseat the ineligible person from office. On grounds of fraud. during or after the casting and counting of votes 3. 2. EP more than seeks to oust the winner It is strictly a contest between the winning candidate and the defeated candidate 2. 3. 4.

June 29.R. and reflected in the election returns.R. 424 SCRA 26 [2004] 93 Legarda v.April 25. 1993 Comelec Rules of Procedure 95 Melendrez v. September 5. March 29.1999. Alberto Agra’s election law handouts. Reception of evidence aliunde. 129998. Gatchalian v. De Castro. COMELEC. Rules 35. the resolution of which would compel or necessitate the Comelec to pierce the veil of election returns which appear to be prima facie regular.2000 97 Melendres v. The ballots are the best and most conclusive evidence in an election contest where the correctness of the number of votes of each candidate in involved 92.2005 94 Section 9.R. In the same way. Macapagal Arroyo. a petition for quo warranto may be dismissed by the House 89 90 Lifted from Atty. COMELEC G. G. G. partial or incompletes garment of filing/ docket fees for election protests is a fatal defect. concerning the number of votes obtained by both protestant and protestee. 2.al. PET Case No. No. In the case of presidential protest cases. 1999. March 31.. a vice-mayor can substitute for the protestant where the latter dies during the pendency of the protest. No. No.R. on their face. November 25. However substitution by the widow or heirs in election contest cannot be allowed considering a public office is personal to the public officer and not a property transmissible to the heirs upon death. 139853. are proper for election protests.R. In which case. the parties may litigate all the legal and factual issues raised by them inasmuch detail as they may deem necessary or appropriate. No. COMELEC. However. Only real parties in interest can file and pursue election protests. Non-payment. Best Evidence. 003. The filing fee must be paid within the 10-day period. June 19. Nobility of intention is not the poi8nt of reference in determining whether a person may intervene in an election protest. Compared to Pre-Proclamation Cases. Proceedings in a pre-proclamation controversy are summary in nature. G. No.2005 91 Poe v. 003. 4. PET Case No. Bayron. the election protest should be dismissed 96. Real Property in Interest. COMELEC. 107979.2005 92 Batul v. G. not pre-proclamation cases.Rules on Election Protests89 1. A real party in interest is the party who would be benefited or injured by the judgment and the party who is entitle to the avails of the suit. there is no need to resort to revision when the protestant concedes the correctness of the ballot results correctness of the ballot results.1995 96 Soller v. G. Roquero v. Court Of Appeals et. 128165. In a regular election protest. 129998. 1998 42 . COMELEC. The constitutional function as well as the power and duty to be the sole judge of all contests relating to the election returns and qualification of the President and Vice-President is expressly vested in the Presidential Electoral Tribunal and includes the duty to correct manifest errors in the Statement of Votes and Certificates of Canvass93. November 25. Thus. No. This defect cannot be cured by subsequent payment97. only two persons the 2nd and 3rd placers may contest the election91. Lucman v. Payment of the ‘Comelec Filing fee’94 is jurisdictional and mandatory95. 166229. Docket Fees.R. such as the List of Voters with Voting Record is proscribed90. 3. Issues such as fraud or terrorism attendant to the election process.

COMELEC. 107A motion to conduct a preliminary hearing on the affirmative defenses may be contained in the answer108.1999 108 Maruhom v. No. Revision as a Matter of Course. Photocopying of ballots may be allowed112. 7. Certificate of Non-Forum Shopping. G. This requirement under Administrative Circular No.g. 132242. Ampig. 5.21002 112 Alberto v. 411 SCRA 369 100 Legarda v. lack proper verified. Estoppel has set in99.R. the same is reckoned on the basis of the basis of the number of precincts protested. COMELEC.R.of Representatives Electoral Tribunal if the required cash deposit is not paid 98.R.No. 003. COMELEC. PET No. 6. Complete Verification. when there is a false certification but there is no actual forum shopping. July 5.R. Calibo.R. August 12. 04-94 is mandatory. COMELEC. September 5. Espina. 139853. A motion to dismiss may be filed in election protests filed with the regular courts. 126833. July 27. 134792. G.No. not the number of ballots boxes containing the election returns100.No.M. De Castro. G. 136966. An election protest which is not verified. December 17. G. An answer with counter-protest must be filed within the 5-day period to answer106. No. May 10.2000 103 Batoy v. COMELEC. February 17. G. G. protestant failed to state that the contents of the election protest are true and correct of his/her personal knowledge must be dismissed101. 328 SCRA 530 105 Dagloc v. the election protest should not be dismissed104. G.2005 101 Soller v. However. Election protests should contain a certificate of nonforum shopping102. The mere filing of an election protest calls for the opening and revision of ballots and re-appreciation of votes.109 9. No. 129958. G. 1999 106 Baltazar v. There is no need for the protestant to present evidence and substantiate his/her claim of election fraud before revision could take place110. Period to File. lacks proper verification or contains a verification which is incomplete (e. COMELEC.R. COMELEC. Motion to Dismiss and Demurrer to Evidence. No. A demurrer to evidence is considered an implied waiver by the protestee of the right to present evidence whatever may be the ruling in the first instance. The filing of a petition to declare a failure of election which is not a preproclamation case does not suspend the running of the reglementary period within which to file an election protest105. 8. COMELEC. A. RTJ-01-1641m Nat 9. 139853. 353 SCRA 424 110 Miguel v. No. As far as cash deposits in presidential protests cases are concerned. Revision must be conducted in all the protested precinct111. November 28. 331 SCRA 473 109 Gementiza v. 138969. protestee is precluded from questioning the incomplete payment of the filing fee. No.2000 111 Jaucian v. Subsequent compliance does not excuse the party’s failure to comply therewith103.2000 102 Soller v. House of Representatives Electoral Tribunal. COMELEC. However if protestee did not raise the issue during the trial of the election protestee and where he/she even filed a counter-protest. An election protest is not defective when 98 99 Garcia v.2003 104 Barroso v. September 5.R. 1999 43 .R.1999 Navarosa v. 350 SCRA 518 107 Melendrez V. Answer. COMELEC.

G.1999 115 Dimaporo v. including 113 114 Saquitayan v. COMELEC. G. Execution Pending Appeal When Proper. Jurisdiction of the Comelec on Election Protest before Lower Courts. No. not the Regional Trial Courts has appellate jurisdiction over decisions of the Municipal Trial Court concerning election protest involving barangay officials119 and members of the Sangguniang barangay officials and members of the Sangguniang Kabataan120. November 28. G. 426 SCRA 226 [2004] 116 Torres v.117 13. 157249.No 135869. House of Representatives Electoral Tribunal. An appeal should be dismissed if the amount paid for the appellate docket fee is deficient. 142038. COMELEC. 11.No.2003 Mohammad v. 2000 118 Besso v. G. When authentic ballots have been replaced by fake ones.No 135869.R. The Supreme Court can review decisions of the Comelec on appeal in election protests involving barangay officials122.No. September 22. COMELEC.R. August 25.1999 119 Batoy v. Election Returns as Basis of Results. G. September 22.1999 121 Antonio v.2003. Antonio v. Calibo.2001 124 Zamora v. COMELEC.protestant contest all the precincts even if he/she did not specify the precincts involved in the protest113. there is no case law holding that such remedy is exclusive to election contests involving elective barangay and municipal officials. The election returns shall be basis of the votes.126833. Appeal Fee. Antonio v. G. 326 SCRA 100.R. The Comelec. The Comelec can order the conduct of a technical examination of the thumbprints of voter when thumbprints of voters in the computerized list of voters were not identical with those in registration records of voters114.R. December 8.e. COMELEC.No 146724. G. 14. COMELEC. Jurisdiction of Comelec En Banc. August 10.R.124 15. sufficiency of evidence) made by a Comelec division is a proper subject of a motion for reconsideration with the Comelec en banc. COMELEC.No.R.R. the physical count of votes in the precincts as determined during the revision of the ballots cannot be considered the correct number of votes cast. 353 SCRA 434 123 Villota v. The House of Representatives Electoral Tribunal may refuse the request for technical examination when the claims of the parties can be resolved without the need for technical examination and when election documents pertaining to the precincts in one municipality were gutted by fire115. Question involving findings of fact (i. COMELEC. September 18. Technical Examination. House of Representatives Electoral Tribunal.135869. The payment of the full amount of the appeal/docket fee is an indispensable step for the perfection of an appeal123. 22 September 1999 120 Marquez v. 442 SCRA 397 [2004] 44 . The Comelec has jurisdiction over petitions for certiorari in election protests pending before inferior courts118.R.No 127318. Section 2.No 136384. While present election laws are silent on the remedy of execution pending appeal in election contests. 351 SCRA 312 117 Columbres v. The appeal must be filed within the 5-day period (not 10 days) from receipt of the decision121. COMELEC. COMELEC. February 17.1999 122 Alvarez v.116 12. G. Rule 39 of the Rules of Court allowing execution pending appeal in the discretion of the court applies in a suppletory manner to election cases.R. Aballe. 10. G.

June 26. G. However. In the case of mayor being disqualified. Ramos stated that the election and assumption of office of Santiago as senator constituted as an abandonment of her EP for presidency. February 28.2005. COMELEC. A protestant who runs for another office is deemed to have abandoned his/her protest131.. 427 SCRA 701 [2004] 132 Hofer v. House of Representatives Electoral Tribunal. March 26. 17. 435 SCRA 98 [2004]. G. COMELEC.No. Batul v. Election Offenses Some Prohibited Acts 125 126 Balajonda v. 174015.2003.R. the vice-mayor succeeds by operation of law130. in one case.2002. Shortness of the remaining period alone is a ground for execution pending appeal. 150605. Albana v. 166032. 428 SCRA 383 [2004] 45 .No 166032. December 10. G. Bayron.R. G. House of Representatives Electoral Tribunal.1999 130 Kare v. COMELEC. Latasa v. No. G. 428 SCRA 264 [2004] 131 Idulza v.No. COMELEC.2005.No134293. G. No.those involving city and provincial officials125. one ground alone will not suffice128.R.1999.No. 411 SCRA 369 128 Fermo v. Alvarez v.132 When EP may or may not become academic: • RULE: the expiration of the term of office of the elective official whose election is questioned in pending EP renders the EP moot and academic and the pending case or appeal is dismissible on such ground. • Acceptance of a temporary appointment by a protestant in a government office does NOT operate as abandonment of EP. 150477. 424 SCRA 26 [2004] Balajonda v. December 10. 353 SCRA 434 127 Navarosa v. COMELEC. 328 SCRA 52 129 Gayo v. Second Placer. Domino v. G. in which case the court may have to resolve its merits. Codilla v.2005. • HOWEVER.Loreto v. Abandonment. July 29. COMELEC. 16. • Acceptance of a permanent appointment by a protestant in a government office operates as abandonment of EP. L. The following constitute good reasons to allow execution pending appeal and a combination of two or more of them will suffice to allow execution pending appeal: [a] public interest involved or will of the electorate.No.R. February 28. G.2003. February 28. COMELEC.R. Recabo v. G. 427 SCRA 701 [2004].R.R. July 19. Verceles. Idulza v. COMELEC.No.R. the candidate who finished second cannot assume the position129. a decision on the merits will have practical value of either sustaining the monetary award for damages or relieving the party concerned from having to pay damages. The inaction and lack of interest of the protestant to prosecute the election protest can lead to the dismissal of the protest before the House of Representatives Electoral Tribunal. COMELEC. 130681.R. 154829. 1999. 155618.R. • Supreme Court in Santiago vs. De Venecia. COMELEC. This is the case where a decision of the trial court was rendered after almost one year of trial126 or more than 1/3rd or the term of the mayor had lapsed127. COMELEC. G.No. Brion. Santos v. and [c] the length of time that the election contest has been pending. 432 SCRA 144 [2004]. Ocampo v. When a winner is declared ineligible. COMELEC. [b] the shortness of the remaining portion of the term of the contested office. COMELEC.

135 6. Escoses. Omnibus Election Code 140 Section 2.R. In the absence of revocation. October4. 5. The resolution by the prosecutor is appealable to the Comelec while the resolution of the Comelec en banc may be subject of a motion for reconsideration142.133 4. 14651 February 19.2001 46 . G. Jurisdiction . 137266. People. No. 2. the deputation subsists 141. The prosecutors are subject to the control and supervision of the Comelec. Court of Appeals. Sr. Abalos. G. 331 SCRA 429 [2000] 143 Bernardo v. December 5. 334 SCRA 555 136 Herrera v.No.2001 142 Faelnar v. Regalado v. Wagering upon the result of the election 3. 146943. G. 240 SCRA 600.2002 138 Malinias v. Mapala vs. 6646 does not punish the alleged act as a criminal offense138. Judge Nunez.2002 139 Section 265. Ocober 4. 146943. Reassignment of personnel within the election period without the prior approval of the Comelec since this amounts to a transfer which is a prohibited activity134.139 Complaints can also be filed with government prosecutors who continue to serve as deputies of the Comelec140. Authority and Prosecution • • • • 133 134 The Comelec shall have the exclusive power to conduct preliminary investigation of all election offenses punishable under the Omnibus Election Code. 325 SCRA 516 135 Domalanta v. 6646 does not punish the alleged violation as a criminal offense137. COMELEC. G. No. September 13. Unauthorized alterations of statement of votes by members of board of canvassers. Failure on the part of the chairperson of Board of Election Inspectors to deliver the ballot boxes to the local treasurer upon termination of the counting136. Comelec Rules of Procedure 141 Margarejo v. Court of Appeals. It is not necessary that the deadly weapon be seized from the accused while he was in the precint or within a radius of 100 meters therefrom. The filing of a motion for reconsideration is a prerequisite to the filing of a petition for certiorari with the Supreme Court143.2002 137 Malinias v. the Supreme Court found that these are not election offenses: 1. COMELEC. G. it is enough that the accused carried a deadly weapon within the prohibited radius during any of the days and hours specified in the law. Preventing supporters of candidates from entering the provincial capitol to attend the canvassing since Republic Act No. Rule 34.R.. 1372520.R.R. No.R.No. Presence of police officers in room where the election returns were being canvassed since Republic Act No. On the other hand.1. Vote-buying and vote-selling. Carrying of a deadly weapon within a radius of 100 meters from the polling place. 2. COMELEC.

February 17. Regional Trial Court Manila.R. 153945. 139841.2003 148 COMELEC v.R. G. Martizano. 153945. 136587.1999 146 Laurel v. 403 SCRA 281 154 Villarosa v. 153 Perjury cases committed in relation to an election offense must be filed where the case for violation of the Omnibus Election Code is pending and not in manila (unless case is pending in Manila) where the seat of the Law Department is located. No.2003 155 COMELEC v.2003 149 COMELEC v. Tagle. Period is interrupted by the filing of the complaint even if it merely for purposes of preliminary investigation150. Participation and involvement of respondent in the commission of election offense must be established145. 148948 and 148951-60. 153945.• • • • • • • • • The power to try and decide any election offense rests with the regional trial courts144. The prosecution of election law violators involves the exercise of the Comelec’s administrative powers. G. Finding probable cause in the prosecution of election offenses rests in the Comelec’s sound discretion147. Election offenses prescribe after 5 years from dater of their commission. 6646 is constitutional and is an effective way of preventing the commission of vote-buying.R. February 4. 397 SCRA 618 150 Baytan v. COMELEC. This is exclusive power of the Comelec148.154 the grant of immunity from criminal liability in favor of the party whose vote was bought under section 28 of Republic Act no. COMELEC. G.2003 152 Juan v. February 4. August 30.R.No.2003. February 4. The authority may be revoked anytime by the Comelec as when the Comelec nullified the resolution of the prosecutor149. COMELEC. G. People 322 SCRA 125 153 Pena v. the Comelec en banc can directly approve the recommendation of its Law Department to file the criminal information. It is the Regional Trial Court which has jurisdiction over election offenses152. There is no requirement that only the Comelec may refer a complaint to its law department for investigation146. Magallanes.R. No. Omnibus Election Code Domingo v. Tagle. Prosecutors are given continuing authority as deputies to conduct preliminary investigations and to prosecute them. G. Presiding Judge. 148948 and 148951-60.R. February 17. April 29. No. No. 47 .R.No. COMELEC.2003 151 Baytan v. G. The Court cannot conduct preliminary investigation. No. 323 SCRA 778 147 Baytan v. Tagle. G. There is no constitutional requirement that the same must be first decided by any of the divisions of the Comelec151. Thus. Witnesses in vote-buying cases are exempt from prosecution for vote-selling155. 144 145 Section 268.

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