Election Law 2003

POLITICAL LAW REVIEWER
1 SAINT LOUIS UNIVERSITY BAR OPERATIONS
3. holders of a college degree

ELECTION LAWS
4. must not have been candidates for any elective
position in the immediately preceding election
Suffrage the right and obligation of qualified citizens
to vote in the election of certain national and local of the 5. majority thereof, including the Chairman shall be
government and in the decisions of public questions submitted members of the Philippines Bar who have been
to the people. It includes within its scope: election, plebiscite, engaged in the practice of law for at least 10 years
initiative, referendum and recall. (reason: COMELEC exercises quasi-judicial powers)
Election the means by which the people choose The Chairman and Members are appointed by the
their officials for a definite and fixed period and to whom they president with the consent of the commission on Appointment
entrust for the time being as their representatives the exercise of for the term seven (7) years without reappointment on a
the powers of the government, It involves the choice of selection staggered basis to make the COMELEC a continuing and self-
of candidates to public office by popular vote. perpetuating body. Consequently, its members would have the
benefit of the experience and expertise of the order members of
Plebiscite a vote of the people expressing their the performance of its functions, and makes for greater
choice for against a proposed law or enactment submitted to responsibility for its policies and decisions and serve as
them. An election at which any proposed amendment to or guarantee against arbitrary action which is likely to occur in a
revision of the Constitution is submitted to the people for their body handling partisans questions.
ratification. A constitutional requirement o secure the approval of
the people directly affected, before certain proposed changes A member appointment and designations in temporary
affecting local governments units may be implemented. or acting capacity are not allowed to preserve its independence.
Initiative it is the process by which the registered Disabilities, inhibitions\disqualifications
voters directly propose, amend laws, national or local, though an
election called for the propose. Amendments to the Constitution 1. Shall not, during tenure, hold any other office or
may likewise be directly proposed by the people though employment
initiative.
2. Shall not engage in the practice of profession
Referendum- it is at he submission of a law pass by
the national or local legislative body to the registered voters of
an election called for the purpose for their ratification or 3. Shall not engage in active management or control of any
rejection. business which in any ay may be affected by the
functions of his office
Recall- it is a method by which a public officer may be
removed from office during his tenure or before the expiration of 4. Shall not be financially interested, directly or indirectly, in
his term by a vote of the people after registration of a petition any contract with, or in any franchise or privilege
singed by a required percentage of the qualified voters. granted by the Government, any of its subdivisions,
agencies or instrumentalities, including GOCC s or
Since the right of suffrage is a political and not a their subsidiaries.
natural right, it is within the power of the state prescribe the
manner in which such right shall be exercised. Congress is Safeguards to insure the independence of the COMELEC
mandated by the Constitution (Sec.2, Art. V):
1. It is constitutionally created; may not be abolished by
1. To provide a system for securing the secrecy and statute
sanctity of the ballot, and for absentee voting by
qualified Filipinos abroad, and 2. It is expressly described as independent
2. To design a procedure for the disabled and the 3. It is conferred with certain powers and functions which
illiterate to vote without the assistance of other cannot be reduced by statute.
persons.
4. The chairman and members cannot be removed except
by impeachment.
THE COMMISSION ON ELECTIONS
5. The chairman and members are given fairly long term of
Composition, Qualifications, Appointment, office of seven years.
Term of Office
The COMELEC is composed of a chairman and six (6) 6. The chairman and members may not be reappointed or
Commission, The Chairman and the Members of the appointed in an acting capacity.
Commission shall be:
7. The salaries of the chairman and members are relatively
1. natural -born citizens of the Philippines high and may not be decreased during continuance in
office.
2. at least thirty-five years of age
1 Assistant Chief CATHY AQUINO Members MAY AQUINO, ERRIZA

Prepared by the POLITICAL LAW SECTION Chief MARILOU LINDA
BUCU, MARICAR DELA CRUZ, KATHREEN GUNAYON, GRACIELA LEYGO, MARY GRACE MANZANO, RUTCHIE MARANON, and
DINAH MARTINEZ. All Rights Reserved by the SAINT LOUIS UNIVERSITY COLLEGE OF LAW BAR OPERATIONS 2003.
8. The COMELEC enjoy fiscal autonomy. ART IX-A, Section 7 Each

commission(COMELEC) shall decide by a majority vote of
9. The COMELEC may promulgate its own procedural all its Members any case or matter brought before it within
rules, provided they do not diminish, increase or sixty days from date of its submission for decision or
modify substantive rights (though subject to resolution. A case or matter is deemed submitted for
disapproval by the Supreme Court) decision or resolution upon the filing of the last pleading,
brief, or memorandum required by the rules of the
10. The Chairman and Members are subject to certain Commission or by the Commission itself. Unless otherwise
disqualifications calculated to strengthen their integrity. provided by the Commission or by law; any decision, order,
or ruling of each Commission may be brought to the
11. The COMELEC may appoint their own officials and Supreme Court on certiorari by the aggrieved party within
employees in accordance with Civil Service Laws. 30 days from receipt of a copy thereof.
En Banc & Division Cases The COMELEC shall decide by a majority vote of all
its members in any case or matter brought before it within 60
SEC 3, ART IX-C The COMELEC may sit en banc days from date of its submission for decision or resolution. Two
or in two divisions, and shall promulgate its rules of members shall constitute a quorum for the transaction of the
procedure in order to expedite disposition of election official business of the Division. A case being heard by it shaa
cases, including pre-proclamation controversies. All such be decided with the unanimous concurrence ofc all three
election cases shall be heard and decided in division, Commissioners and its decision shall be considered a decision
provided that motions for reconsideration of decision shall of the commission. If this required number is not obtained, as
be decided by COMELEC en banc when there is a dissenting opinion, the case may be appealed to
the Commission en banc, in which case the vote of the majority
The Supreme Court set aside the shall be the decision of the Commisssion.
resolutions/decisions of the COMELEC because dthe
COMELEC en banc tokk original cognizance of the cases The court holds that 2-1 decision rendered by the First
without referring them first to the appropriate Division Division was a valid decision under ART IX-A ,Section 7 of the
(Sarmiento vs. COMELEC 212 SCRA 307; Zarate vs Constitution. Furthermore, the three members who voted to
COMELEC, 318 SCRA 608) affirm the First Division constituted a majority of the five
members who deliberated and voted thereon en banc and their
Interlocutory orders issued by a division of the decision is also valid under the aforecited constitutional
COMELEC cannot be elevated to the COMELEC en banc. (Kho provisions. (Cua vs. COMELEC, 156 SCRA 587)
vs. COMELEC, 279 SCRA 463)
One who is no longer a member of the COMELEC at
The following cases must be decided in Division the time the final decision or resolution is promulgated cannot
before they may be heard en bnc on motion for reconsideration: validly take part in that resolution or decision,much more could
he be the ponente of the resolution or decision.(Ambil vs.
1. Petition to cancel a certificate of candidacy. (Garvida vs. COMELEC, 344 SCRA 358)
Sales, 271 SCRA 764)
RULES OF PROCEDURE
2. Cases appealed from the RTC or MTC (Zarate vs.
COMELEC,318 SCRA 608) The COMELEC en banc may promulgate its own rules
concerning pleadinga and practice before it or before any of its
3. Petition for certiorari involving incidental issues of offices. Such rules, however, shall not diminish,increase or
election protest.(Soller vs. COMELEC,339 SCRA modify substantive rights. The Rules of Court applies
685) suppletorily to proceedings before the COMELEC.
(Paangarungan vs. COOMELEC,216 SCRA 522)
The COMELEC en banc, however, may directly CONSTITUTIONAL POWERS AND FUNCTIONS
assume jurisdiction over petitions for correction of manifest
errors in the tabulation or tallying of results (Ststement of votes) 1. Enforce and administer laws relative to conduct of
by the Board of Canvassers, notwithstanding that the same is a elections
pre-proclamation comtroversy. Section 5, Rule 27 of the 1993
Rules of the COMELEC expressly provides that pre- The regular courts have no jurisdiction to entertain a
proclamation controversies involving correction of manifest petition to enjoin the construction of public works
errors in the tabulation of results may be filed directly with the projects within 45 days before an election.(Gallardo
COMELELEC cen banc. (Torres vs. COMELEC,270 SCRA 583; vs. Tabamo,218 SCRA 253)
Ramirez vs. COMELEC,270 SCRA 590)
2. Decide election contests involving regional, provincial
and city officials
The COMELEC en banc determines the existence of
probable cause.(Faelnar vs. COMELEC,331 SCRA 429) ELECTION CONTEST refers to the adversary
proceedings before which matters involving the title or
claim to an elective office made before or after
DECISIONS proclamation of the winner,is settled whether or not
the contestant is claiming the office in dispute. It is
neither a civilk action nor crimianal proceeding;it is a
summary proceeding of a political character. Its 8. Recommend the imposition of disciplinary action upon
purpose is to ascertain the candidate lawfully elected an employee it has deputized for violation of its order.
to office.(Javier vs. COMELEC,144 SCRA 194)
Since the COMELEC can recommend that disciplinary
The COMELEC has exclusive appellate jurisdiction action be taken against an officer it had deputized, idt
over,inter alia, contest involving elective barangay can investigate an administrative charge against such
officials decided by trial courts of limited jurisdiction. an officer to determine whether or not it should
(Beso vs. abolla,327 SCRA 100) recommend that disciplinary action can be taken
against him (Tan vs. COMELEC,237 SCRA 353)
The provision of RA 6679 granting appellate
jurisdiction to the RTC over decisions of MTCs in 9. Regulation of public entities and media-
electoral cases involving elective barangay officials is
unconstitutional. (Flores vs. COMELEC,184 SCRA Section 4, IX-C The Commission may, during the
484) election period, supervise or regulate the enjoyment or
utilization of all franchises or permits for the operation
The COMELEC is the proper appellate court clothed of transportation and other public utilities, media of
with jurisdiction to hear the appeal, which must first be communication or information, all grants special
filed wiyhin 5 days after the promulgation of the MTCs privileges, or concessions granted by the Government
decision(Antonio vs. COMELEC,315 SCRA 62) or any subdivision, agency or instrumentality thereof,
including any government-owned or controlled
The election of SK are goverened by the Omnibus corporation or its subsidiary. Such supervision or
Election Code. Any contest relating to the election of regulation shall aim to ensure equal opportunity, time,
the SK (including the chairman whether pertaining to and space and the right to reply, including reasonable
their eligibility or the manner of their election is equal rates therefor, for public information campaigns
cognizable by MTCs,MTCCs, and MeTCs. It is the and forums among candidates in connection with the
proclamation which marks off the jurisdiction of the objective of holding free, orderly, honest, peaceful,
courts from the jurisdiction of election officials. and credible elections.
(Marquez vs. COMELEC, 313 SCRA 103)
The authority given to the COMELEC is to be
The COMELEC has appellate jurisdiction over election exercised ofr the purpose of ensuring free,
protest cases involving elective municipal officials orderly,honest,peaceful.and credible elections and
decided by courts of general jurisdiction. (Carlos vs. only during the elecxtion period. Note that GOCCs are
Angeles,346 SCRA 671) among those that may be supervised and regulated by
the COMELEC.
3. Decide all questions affecting elections
The SC upheld the validity of Section 11(b), RA 6646,
The COMELEC has no jurisdiction over questions prohibiting the sale odr donation of print space or
involving the right to vote which includes qualifications airtime for political advertisements, and the authority
and disqualifications of voters, the right of a person to of the COMELEC to procure print space (upon
be registered as voter, the right to cast his vote, and payment of just compensation) and free airtime for
other allied questions. Such questions shall be allocation to candidates.(Telecommunication and
decided by the courts.( Naciionalista Party vs. Broadcast Attorneys of the Philippines vs.
COMELEC, 84 Phil 49) COMELEC,289 SCRA 33)
Election contests involving elections of SK officials do An exit poll is a species of electoral survey conducted
not fall within section 252 of the OEC and paragraph by qualified individuals or groups of individuals for the
2,section ART.IX-C of the Constitution and no law in purpose of determining the probable result of an election
effect prioir tom the ratification of the constitution has by confidentially asking randomly selected voters whom
made the SK Chairman an elective barangay official. they have voted for,immediately after they have officially
SK elections are under the direct control and cast their ballot.(ABS-CBN Broadcasting corporation vs.
supervision of the DILG. (Ahman vs. Mirasol,276 COMELEC,323 SCRA 811)
SCRA 501) Decisions/determinations made by the
COMELEC in the exercise of this power, being merely An absolute prohibition would be unreasonably
administrative(not quasi judicial) in character, may be restrictive,because it effectively prevents the use of exit
questioned in an ordinary civil action before the trial poll data not only for election-day projections,but also for
courts.(Filipinas Engineering vs. Ferrer,135 SCRA 25) long term research. The COMELEC concern with the
possible non communicative effect of exit polls-disorder
and confusion in the voting centers- does not justify a
4. Deputize law enforcement agencies with the total ban on them. The holding of exit polls and the
concurrence of the President dissemination of their results through mass media
constitute an essential part of freedom of speech and of
5. Register political parties and accredit its citizens arms the press. The reason behind the principle of ballot
secrecy is to avoid vote buying through voter
6. File petitions, investigate and prosecute identification (ABS-CBN Broadcasting Corporation vs.
COMELEC)
7. Recommend measures to improve election laws

The SC held that SEC 5.4 of the Fair Election Act engaged in the performance of quasi-judicial functions and
prohibiting publication of survey results 15 days not administrative functions.(Guevarra vs. COMELEC, 104
immediately preceding a national election and 7 days PHIL 269 and Masangcay vs. COMELEC, 6 SCRA 270)
before a local election violates the constitutional rights of
speech,expression,and the press because: 7. Promulgate rules and regulations implementing the
a. It imposes prior restraint on the freedom of Election Code
expression; 8. Exercise direct and immediate supervision and control over
b. It is a direct and total suppression of the officials required to perform duties relative to the conduct of
category of expression even though such election.
suppression is only for a limited period; and 9. Prescribe forms to be used in the election
c. The governmental interest sought to be 10. Procure any supplies, equjipment, materials or services
promoted can be achieved by means other needed for the holding of election
than the suppression of freedom of expression. 11. Prescribe the use or adoption of the latest technological
(Social Weather Station vs. Comelec, GR No. and electronic devices
147571, May 5,2001) 12. Carry out continuing and systematic campaign to educate
the public about elections
10. Make minor adjustments of the apportionment of 13. Fix other reasonable periods for certain pre-election
legislative districts. requirements.
15. Enlist non-partisan groups to assist.
This refers mainly to the power to correct an error
because of the omission of a municipality or an error in
the name of a municipality and does not include the JUDICIAL REVIEW OF DECISIONS
power to make a reappointment of legislative districts.
(Montejo vs. COMELEC,242 SCRA 415)
Any decision, order or ruling of the COMELEC en
11. Adjust the apportionment in a case of creation of new banc may be brought to the SC on certiorari by the aggrieved
provinces or cities. party within 30m days from receipt of the copy thereof. When
the Supreme Court reviews a decision of the COMELEC, the
The COMELEC is merely authorized to adjust the court exercises extraordinary jurisdiction, thus the proceeding
number of congressmen apportioned to an old province is limited to issues involving grave abuse of discretion
if a new province is created out of it and does not resulting in lack or excess of jurisdiction and does not
authorize the COMELEC to transfer municipalities from ordinarily empower the court to review the factual findings of
one legislative district to another. (Montejo,supra) the COMELEC. (Aratuc vs. COMELEC,88 SCRA 251)
12. Pardon violators of election laws. The mode by which a decision, order or ruling en banc
may be elevated to the SC is the civil action of certiorari
13. Promulgate rulwes of procedure concerning pleadings under Rule 65 of the 1964 Revised Rules of Court, now
and practice before it or any of its offices. expressly provided in Rule 64, 1997 Rules of Civil Procedure,
14. Submit report on how a previous elections was as amended. (Ambil vs. COMELEC,344 SCRA358)
conducted.
A special civil action for certiorari is the proper remedy
STATUTORY POWERS to question any final order, ruling and decision of the
COMELEC rendered in the exercise of its adjudicatory or
1. Power to declare failure of election and call for special quasi-judicial powers.(Guerero vs. COMELEC,336 SCRA
election. 458)
2. Exclusive original jurisdiction over all pre-proclamation What is contemplated by the term final orders, rulings
controversies. and decisions of the COMELEC reviewqable by certiorari by
the Suprerme Court as provided by law are those rendered in
3. Issue writs of certiorari, prohibition actions or proceedings before the COMELEC and taken
cognizance of by the said body in the exercize of its
The COMELEC has the authority to issue adjudicatory (or quasi-judicial) powers. (Salva vs. Makalintal,
extraordinary writs of certiorari,prohibition and mandamus in aid 340 SRA 506)
of its exclusive appellate jurisdiction.
COMELEC Resolution No. 2987 which provides for
Both the SC and the COMELEC have concurrent the rules and regulations governing the conduct of plebiscite,
jurisdiction to issue writs of certiorari,prohibition, and mandamus is not issued pursuant to the COMELECs quasi-judicial
over decisions of trial courts of general jurisdiction in election functions but merely as an incident of its inherent
cases involving elective municipal officials. The court takes administrative functions over the conduct of plebiscites, and
jurisdiction first shall exercise exclusive jurisdiction over the any question pertaining to the validity of said resolution may
case. (Carlos vs. Angeles,346 SCRA 571) be well taken in an ordinary civil action before the trial courts.
(Salva ,supra)
4. Summons parties to a controversy pending before it
5. Enforce and execute its decisions and orders The alleged nature or the COMELEC to implement its
6. Punish contempts provided for in the Rules of Courts. resolution ordering the deletion of a candidates name in the
The COMELEC has the power to cite for contempt, list of qualified candidates does not call for the exercise of the
but this power may be exercised only while the COMELEC is SCs function of judicial review as it is undoubtedly

administrative in nature, beyond judicial interference.(Chavez

vs. COMELEC, 211 SCRA 315) 2. Any person adjudged by the final judgment of having
commit (a) any crime involving disloyalty to the
A resolution of the COMELEC awarding a contract for
government or (b) any crime against national security
the supply of voting booths to a private party, as a result of its
(c) firearms laws.
choice among various proposals submitted in response to its
invitation to bid, is not reviewable by certiorari as it is not
3. Insane or incompetent persons as declared by
order rendered in the legal controversy before it but merely as
competent authority.
incident to its inherent administration functions over the
conduct of elections. Any question arising from said order
Removal of disqualification for conviction
may be taken in an ordinary civil action. (Filipinas Engineering
1. Plenary pardon
The Supreme Court has no power to review via
2. Amnesty
certiorari, an interlocutory order or even a final resolution of a
Division of the COMELEC. (Ambil vs. COMELEC, 244 SCRA
3. Lapse of 5yaers after service of sentence (Sec.111,
358)
RA 8189)
A decision, order or resolution of a division of the
COMELEC must be reviewed by the COMELEC en banc
System of Continuing Registration
decision may be brought to the supreme Court on certiorari.
(Ambil vs. COMEL, 358)
The personal filing o application of registration of
voters shall be conducted daily in the office of the Election Office
during regular office hours. No registration shall, however, be
conducted during the period starting 120 days before a regular
election and 90 days before a special election. (Sec. 8, RA
8189)
VOTERS: QUALIFICATION AND REGISTRATION
The Supreme Court upheld the validity of the
Qualification for Suffrage
COMELEC resolution denying the petition of certain youth
sectors to conduct a special registration: Petitioners were not
1. Filipino citizenship- it may be by birth or naturalization.
denied the opportunity to avail of the continuing registration
under RA 8189..the law aids the vigilant and not those who
2. Age- a person may be registered as a voter although he
slumber on their rights
is less than 18 years at the time of registration if he will
be at least 18 on the day of election.
In a representative democracy the right of suffrage,
3. Residence- at least 1 year in the Philippines, and at least although afforded a prime niche in the hierarchy of right
embodied in the fundamental law., ought to be exercised within
6 months where he proposes to vote immediately
the proper bounds frames and framework of the Constitution
preceding the election. Any person who, on the days of
and must properly yield to pertinent laws skillfully enacted by the
registration may not have been reached the required
Legislature
period of residence but who, on the day of election shall
possess such qualification, may register as voter.
The right of suffrage ardently invoked by herein
petitioners is not at all absolutethe exercise of suffrage, as the
No literacy, property or other substantive requirement shall enjoyment of all other rights subject to existing substantive and
be imposed on the exercise of suffrage. procedural requirement embodied in our Constitution, statute
books and other repositories of law. (AKBAYAN Youth et al.
Any person who temporarily resides in another city vs. COMELEC GR No. 147066, March 26, 2001)
municipality or country solely by reason of occupation,
profession, employment in public or private service, educational Inclusion and Exclution Cases
activities, work in the military or naval reservations within the
Philippines, service in the AFP, PNP or confinement or detention 1. Jurisdiction
in government institutions, shall not deemed to have lost his
original residence. (Sec. 9, RA 8189) ii. Municipal or Metropolitan Trial Court
original and exclusive Jurisdiction\
In election cases, the Supreme Court treats domicile and
residence and residence as synonymous terms. In order to iii. Regional Trial Court appellate jurisdiction
acquire a new domicile by choice, there must concur (1) (5 days) (Sec. 33, RA 8189)
residence or bodily presence in the new locality;(2) an intention iv. Supreme Court appellate jurisdiction over
to remain there; and (3) an intention to abandon the old RTC on question of law (15 days) [Sec. 5(2)
domicile. The residence at the place chosen for the new (e), Art. VIII, PC; Sec. 2, Rule 45 of the
domicile must be actual. (Romualdez vs. RTC,226 SCRA 406) Rules of Court.]
Disqualifications 2. Petitioners
1. Any person sentenced by the final judgment to suffer ii. Inclusion

imprisonment for not less than one year.
Private person whose application was 1. Upon verified complaint of any voter, election
disapprove by the Election Registration officer or registered political party or motu propio,
Board or whose name was stricken out from the COMELEC may annul a list of votes which
the list of waters (Sec. 34, RA 8189) was not prepared in accordance with RA 8189 or
whose preparation was affected with fraud,
COMELEC [Sec. 2(6), Art. IX-C, PC] bribery, forgery, impersonation, intimidation, force
or other similar irregularity or statistically
iii. Exclusion improbable.
i. Any registered voter in city or 2. No list of voters shall be annulled within 60 days
municipality before an election (See. 33, RA 8189)
ii. Representative of political party
iii. Election Officer (Sec. 39, RA The annulment of the list of voters shall not constitute
8189) a ground for a pre-proclamation controversy. (Ututalum vs.
iv. COMELEC [Sec. 2(6), Art. IX C, COMELEC, 181 SCRA 335)
PC]
When an assailed order had been issued pursuant to
3. Period for Filing COMELECs administrative powers in the absence of any
finding of grave abuse of discretion in declaring a precinct as
ii. Inclusion Any day except 105 days before non existent, said order shall stand, judicial interference being
regular election or 75 days before a special unnecessary and uncalled for The sacred right of suffrage
election. (Sec. 24, RA 8189) guaranteed by the Constitution is not tampered when a list of
iii. Exclusion Any time except 100 days fictitious voters is excluded from an electoral exercise.
before a regular election or 65 days before (Sarangani vs. COMELEC, 334 SCRA 379)
special election. (Sec. 35 RA 8189)
Election precinct is the basic unit of territory established by the
4. Procedure COMELEC for the purpose of voting.
ii. Petition for exclusion shall be sworn A polling place refers to the building or place where the board
(Sec. 35 , RA 8189) of election inspectors conduct proceedings and where the voters
iii. Each petition shall refer only to only cast their votes.
one precinct. (Sec. 35, RA 8189)
iv. Notice Voting center refers to the building or place where the polling
i. Parties to be notified place is located.
5. Inclusion Election Registration Board List of voters refers to an enumeration of names of registered
i. ii Exclusion voters in a precinct duly certified by the Election Registration
6. Election Registration Board Board for use in the election.
7. Challenged voters [Sec. 32(b), RA 8189]
8. Manner Book of voters refers to the compilation of all registration
9. records in a precinct.
1. Notice stating the place day and hour of
hearing shall be served through any Signature of Chairman at back of every ballot
of the following means: In every case before delivering an official ballot to the
voter, the Chairman of the BEI shall, in the presence of the
10. Registered mail
voter, affix his signature at the back thereof. Failure to so
authenticate shall be noted in the minutes of the BEI and shall
ii. Personal delivery
constitute an election offense punishable under Sections 263
iii. Leaving copy in possession of sufficient
and 264 of the OEC.
discretion in residence.
iv. Posting in city hall or municipal hall and
IV. POLITICAL PARTIES AND PARTY LIST SYSTEM
two other conspicuous places in the
city or municipality at least 10 days
Political party or party when used in the OEC means
before the hearing (Sec. 32(b), RA
an organized group of persons pursuing the same ideology,
8189)
political ideas or platforms of government and includes its
branches or divisions. A political party may refer to a local
Any voter, candidate or political party affected may regional or national party existing and duly registered and
intervene. (Sec. 32c, RA 8189) accredited by the COMELEC. To acquire juridical personality,
Non-appearance is prima facie evidence the qualify for accreditation, and to be entitled to the rights of
registered voter is fictitious (Sec. 32 (f), RA 8189) political parties, a political party must be registered with the
Decision cannot be rendered on stipulation of facts COMELEC. The following political parties cannot be registered.
(Sec. 32 (f), RA 8189)
No motion for reconsideration is allowed, (Sec. 33, RA 1. Religious sects
8189) 2. Those which seeks to achieve their goals through
Annulment of List of Voters unlawful means
3. Those which refuse to adhere to the Constitution
4. Those that are supported by any foreign government
show that they represent the interest of the

GROUNDS FOR CANCELLATION OF REGISTRATION marginalized and underrepresented;
1. Accepting financial contributions from foreign Political parties, even the major ones, may participate
governments or their agencies (for partisan election in the party list elections, except for purposes of May 11, 1998
purposes.) (Sec.2(5), Art IX C, PC) elections. The requisite character of these organizations must
2. It is a religious sect or denomination, organization or be consistent with the purpose of the party list system, as laid
association organized for religious purposes. down in the Constitution and RA 7941 . . .
3. It advocates violence or unlawful means to seek its
goal Under the Constitution and RA 7941, provide
4. It is a foreign party or organization respondents cannot be disqualified from the party list elections,
5. It violates or fails to comply with laws, rules and merely on the ground that they are political parties. Sec. 5 Art.
regulations relating to elections VI of the Constitution provides that members of the House of
6. It declares untruthful statements in its petition Representatives may be elected through a party list system of
7. It has ceased to exist for at least one year , and registered national, regional and sectoral parties or
8. Fails to participate in the last two preceding elections, organizations. Furthermore, under Secs. 7 and 8, Art IX C of
or fails to obtain at least 2% of the votes cast under the Constitution, political parties may be registered under the
the party list system in the two preceding elections party list system. (Ang Bagong Bayani OFW Labor Party, et
for the constituency in which it was registered. al vs. COMELEC, et al. GR No. 147589, June 26, 2001)
A party which fails to obtain at least 10% of the 3. That religious sector may not be represented in
votes cast in the constituency in which it the party list system, except that priest, imam
nominated candidates in the election next or pastors may be elected should they represent
following its registration shall forfeit its not heir religious sect but the indigenous
registration. community sector.
Party System. A free and open party system shall be allowed to 4. A party or an organization must not be
evolve according to the free choice of the people. [Sec 2(5) Art. disqualified under Sec. 6, RA 7941;
IX C, PC]
5. The party organized must not be adjunct of, or a
The Party List System, is a mechanism of project organized or an entity funded or assisted
proportional representation in the election of representatives to by, the government;
the House of Representatives, from national, regional and
sectoral parties, organizations and coalitions thereof registered 6. The party, including its nominees must comply
with the COMELEC. The Party list system was devised to with the qualification requirements of Sec. 9, RA
replace the reserve seat system the very essence of the party 7941 as follows: No person shall be nominated
list system is representation by election. (Veterans Federation as party list representative unless he is:
Party vs. COMELEC, 342 SCRA 244)
a. natural born citizen of the Philippines
GUIDELINES FOR SCREENING PARTY LIST PARTICIPANTS b. a registered voter,
c. a resident of the Philippines for a period not
1. The political party, sector, organization must of no less than one year immediately
represent the marginalized and underrepresented preceding the day of the election;
groups identified in Sec. 5 of RA 7941. majority of d. able to read and write;
its membership should belong to the e. a bonafide member of the party or
marginalized and underrepresented; organization which he seeks to represent for
at least 90 days preceding the day of the
Proportional representation refers to the election; and
representation of the marginalized and f. At least 25 years of age on the day of the
underrepresented as exemplified by the election. In case of a nominee of the youth
enumeration in Sec/ 5 of the law, namely; labor sector, at least be 25 but not more than 30
peasant, fisherfolk, urban poor, indigenous years of age on the day of the election. Any
cultural communities, elderly,handicapped, youth sectoral representative who attains
women youth, veterans, overseas workers and the age of 30 during his term shall be
professionals. The party list organization or allowed to continue in office until the
party must factually and truly represent the expiration of his term.
marginalized and underrepresented
constituencies mentioned in Sec. 5 .(ang bagong 7. Not only the candidate party or organization must
Bayani OFW Labor Party, etal vs. COMELEC represent marginalized and underrepresented
etal. GR No. 147589. June 26, 2001) sectors, so also must its nominees;
2. While even major political parties are expressly 8. While lacking a well defined political
allowed by RA 7941 and the Constitution, they constituency, the nominee must likewise be able
must comply with the declared statutory policy of to contribute to the formation and enactment of
Filipino citizens belonging to marginalized and appropriate legislation that will benefit the nation
underrepresented sectors to be elected to the as a whole.
House of Representatives. Thus, they must
The parameters of the Filipino Party List intention of abandoning the former residence and
System are: (1) the twenty percent allocation, (2) establishing a new one, and acts which
the two percent threshold; (3) the three seat limit; correspond with the purpose; in the absence of
and (4) proportional representation. clear and positive proof of the concurrence of all
these, these domicile of origin should continue;
The Constitution makes the number of district 3. The wife does not automatically gain the
representatives the determinant in arriving at the husbands domicile because the term residence
number of seats allocated for party list in Civil Law does not mean the same thing in
lawmakers, a formulation which means that any Political Law, when IRM married Marcos in 1954,
increase in the number of district representatives, she kept her domicile or origin and merely gained
an as may be provided by law, will necessarily a new home, not a domicilium necessarium;
result in a corresponding increase in the number 4. Even assuming that she gained a new domicile
of party list seats . . . .. after her marriage and acquired the right to
choose a new one only after her husband died,
Sections 5 (2), Art. VI of the Constitution is not her acts following her return to the country clearly
mandatory, it merely provides a ceiling for party indicate that she chose Tacloban, her domicile of
list seats in Congress . . Obtaining absolute origin, as her domicile of choice.
proportional representation is restricted by the
three-seat-per-party limit to a maximum of two In Aquino vs. COMELEC, 248 SCRA 400, the Supreme
additional slots . . Court held that Agapito Aquino failed to prove that he had
established not just residence but domicile of choice in
Under the Niemeyer formula, the number of Makati. In his certificate of candidacy, he indicated that he
additional seats to which a qualified party would was a resident of San Jose Concepcion, Tarlac for 52
be entitled is determined by multiplying the years, he was a registered voter of the same district, his
remaining number of seats to be allocated by the birth of certificate places Conception, Tarlac as birthplace.
total number of votes obtained by that party and Thus, his domicile of origin was Conception, Tarlac, and his
dividing the product by the total number of votes bare assertion of transfer of domicile from tarlac to Makati
garnered by all the qualified parties. is hardly supported by the facts of the case.
The Niemeyer formula, while no doubt suitable for When the Constitution speaks of residence the
Germany, finds no application in the Philippine setting because word should be understood, consistent with
of our three seat limit and the non mandatory character of the Webster, to mean actual, physical and personal
twenty percent allocation. (Ang Bagong Bayani OFW Labor presence in the district that a candidate seeks to
Party, et al vs. COMELEC, et al. GR No.147589, June 26, 2001) represent
V. CANDIDATES AND CERTIFICATES OF The original concept of domicile, which arose from
CANDIDACY American jurisprudence was not intended to govern
political rights, it was designed to resolve the conflict of
QUALIFICATIONS OF CANDIDATES laws between or among state where a decedent may have
A. National Arts. VI and VII, PC lived for various reasons, for the purpose of determining
1. President and Vice President which law was applicable as regards his estate . . .
2. Senators
3. Congressmen District and Party List Applying the concept of domicile in determining
Representatives residence as a qualification for an elective office would negate
the objective behind the residence requirement set forth under
B. Local Sec.39, Local Government Code the law . . . (Domino vs. COMELEC 310 SCRA 546)
Qualifications prescribed by law are continuing The place where the party actually or constructively
requirements and must be possessed for the duration of the has his permanent home, where he, no matter where he may
officers active tenure. Once any of the required qualifications is found at any given time, eventually intends to return and remain,
lost, his title to the office may be seasonably challenged. i.e., his domicile, is that to which the Constitution refers when it
(Frivaldo vs. COMELEC, 174 SCRA 245 and Labor vs. speaks of residence for the purposes of election law . . .
COMELEC, 176 SCRA 1)
The registration of a voter in a place other than his
Residence residence of origin is not sufficient to consider him to have
In Marcos vs. COMELEC, 248 SCRA 300, the abandoned or lost his residence. (Perez vs. COMELEC, 317
Supreme Court upheld the qualification of IRMarcos despite her SCRA 641)
own declarations in her certificate of candidacy that she had
resided in the district for only seven months because of the The rationale of requiring candidates to have a
following: minimum period of residence in the area in which they seek to
be elected is to prevent the possibility of a stranger or
1. A minor follows the domicile of his parents; newcomer unacquainted with the conditions and needs of a
Tacloban became IRMs domicile of origin by community and not identified with the latter from seeking an
operation of law when her father brought the elective office to serve that community . . .
family to Leyte;
2. Domicile of origin is lost only when there is actual The classification of an area as a highly urbanized or
removal or change of domicile, a bonafide independent component city, for that matter, does not
completely isolate its residents, politics, commerce and other
businesses from the entire province, and vice versa, especially A. Those sentenced by final judgment for an offense
when the city is located at the very heart of the province itself . . involving moral turpitude or an offense punishable by
imprisonment for at least one year, within two years
The residence requirement is rooted in the desire that after service of sentence.
officials of districts or localities are acquainted not only with the
metes and bounds of their constituencies but, more important, B. Those removed from office as a result of an
with the constituents themselves, and a very legalistic, administrative case.
academic and technical approach to the resident requirement
does not satisfy this simple, practical and common sense An elective local official who was removed from office
national for the residence requirement. (Torayna vs. COMELEC prior to January 1, 1992 is not disqualified from
337 SCRA 574) running for elective local office (Grego vs. COMELEC,
274 SCRA 481)
Philippine citizenship C. Those convicted by final judgment for violating his

oath of allegiance to the Republic.
The lost citizenship may be reacquired under Sec. 1 of
RA 2630, which provides that any person who had lost his D. Those with dual citizenship--The phrase dual
Philippine citizenship by rendering service to, or accepting citizenship in RA 7160, Sec. 40 (d) and RA 7854,
commission in, the Armed Forces of the United States, or after Sec. 20 must be understood as referring to dual
separation from the Armed Forces of the United States, allegiance. Consequently, persons with mere dual
acquired United States citizenship by taking an oath to the citizenship do not fall under this disqualification. For
Republic of the Philippines and registering the same with Local candidates with dual citizenship, it should suffice if,
Civil Registry in the place where he resides or last reside in the upon the filing of their certificates of candidacy, they
Philippines. The said oath of allegiance shall contain a elect Philippine citizenship to terminate their status as
renunciation of any other citizenship. (Bengson III vs. HRET, et persons with dual citizenship considering that their
al. GR No. 142840, May 7, 2001) condition is the unavoidable consequence of
conflicting laws of different states. (Mercado vs.
Repatriation results in the recovery of the original Manzano, 307 SCRA 630)
nationality. This means that a naturalized Filipino who lost his
citizenship will be restored to his prior status as a naturalized E. Fugitives from justice in criminal or non political
Filipino citizen. On the other hand, if he was originally a natural- cases.
born citizen before he lost his Philippine citizenship, he will be F. The term includes not only those who flee after
restored to his former status as a natural born Filipino. conviction to avoid punishment, but likewise who, after
(Bengson, supra) being changed, flee to avoid prosecution. (Marquez
Disqualifications
G. Permanent residents in foreign country or those who
Grounds Under the Omnibus Election Code have the right to reside abroad and continue to avail of
it. (Caasi vs. CA, 191 SCRA 229)
A. Any person declared by competent authority insane or
Incompetent H. The insane or feeble minded.
B. Any person sentenced by final judgment for any of the Three consecutive terms limit
Following offenses:
The term limit for elective local officials must be taken
1. Insurrection or rebellion to refer to the right to be elected as well as the right to serve in
the same elective position. Consequently, it is not enough that
2. Offense for which he was sentenced to an individual has served three consecutive in an elective local
penalty of More than 18 months office, he must also have been elected to the same position for
the same number of times before the disqualification can apply:
3. Crime involving morale turpitude (Sec. 12, (Borja vs. COMELEC, GR No. 133495, September 3, 1998)
BP 881)
Conditions for the application of the disqualification:
C. A permanent resident to or immigrant to foreign (1) the official concerned has been elected for three consecutive
country Unless he waives such status (Sec. 68, BP terms in the same local government post and (2) that he has
881) fully served three consecutive terms . . .
D. Removal; Insanity or incompetence declaration of A proclamation subsequently declared void is no

removal by competent authority proclamation at all and while a proclaimed candidate may
assume office on the strength of the proclamation of the Board
E. Conviction; unless granted plenary pardon, amnesty; of Canvassers he is only a presumptive winner who assumes
or Lapse of 5 years after service of sentence (Sec. 12, office subject to the final outcome of the election protest . .
BP 881)
Voluntary renunciation of a term of office does not
Grounds under the Local Government Code Sec. 40 cancel the renounced term in the computation of the three term
limit; conversely involuntary severance from the office for any
length of time short of the full term provided by law amounts to
an interruption of continuity of service. (Lonzanida vs. The election of a candidate cannot be annulled
COMELEC, 311 SACRA 602) because of formal defects in his certificate, such as
held of oath (Guzman vs. Board of Canvassers, 48
1. Under the Revised Administrative Code Municipal Phil 211)
Office
E. Name
Ecclesiastics (Pamil vs. Teleron, 56 SCRA
413) A candidate shall use his baptismal name or full name,
the name registered with the civil registrar or any other
Persons receiving compensation from name allowed by law.
provincial or municipal funds
He may include one nickname or stage name by
Contractors for public works of the which he is generally known.
municipality
When two or more candidates for the same office
2. Under the Lone candidate Law RA 8295 have the same name or surname, each shall state his
paternal and maternal surnames, except the
incumbent (See. 71, BP 881)
Any elective official who has resigned from
his office by accepting an appointive office
F. Place and Period of Filling
to become vacant due to his resignation;
and
For President, Vice President and Senators: main
office of the COMELEC in Manila, 5 copies, not later
Any person who, directly or indirectly than 90 days before date of election.
coerces, bribes, threatens, harasses,
intimidates or actually causes, inflicts or For Members of the House of Representatives:
produces any violence, injury, punishment,
torture, damage, loss or disadvantages to Provincial legislative districts Provincial Election
any person or persons aspiring to become a Supervisor of the Province concerned
candidate or that of the immediate member
of his family, his honor or property that is NCR legislative districts Regional COMELEC
meant to eliminate all other potential Directors
candidates.
Legislative districts in cities outside NCR City
Certificates of Candidacy Election registrar concerned
No person shall be eligible for any elective public For provincial offices Provincial Election Supervisor
unless he files a sworn certificate of candidacy within the period of the province concerned.
fixed by the Omnibus Election Code.
City and Municipal offices City or Municipal Election
A. Deadline Registrar concerned.
Certificate of candidacy must be filed not later than the The certificates of candidacy of Members of the
day before the date for the beginning of the campaign House of Representatives, Provincial, city or municipal
period. (Sec. 7, RA 7166) officials shall be filed in 5 copies not later than 45 days
A certificate filed beyond the deadline is not valid. before the election.
(Gador vs. COMELEC, 95 SCRA 431)
The certificate of candidacy shall be filed by the
B. Prohibition against multiple candidacies candidate personally or his duly authorized
representative. No certificate of candidacy shall be
A person who files a certificate of candidacy for more filed or accepted by mail, telegram or facsimile.
than one office should be eligible for any of them. (Sec
73, BP 881) The evident purpose of the law in requiring the filing of
certificate of candidacy and in fixing the time limit
Before the deadline for filing certificates he may therefore are; (1) to enable the voters to know, at least
withdraw all expect one, declaring under oath the sixty days before the regular election, the candidates
office for which he desires to be eligible and cancel among whom they are to make the choice, and (2) to
the certificate of candidacy for other office or offices. avoid confusion and inconvenience in the tabulation of
(Go vs. COMELEC, GR No. 147741, May 10, 2001) the votes to the duly registered candidates, there
might be as many persons voted for as there are
C. Forms voters, and votes might be cast even for unknown or
fictitious persons, as mark to identify the votes in favor
D. Oath of a candidate for another office in the same election.
(Miranda vs. Abaya, 311 SCRA 617)
The certificate must be sworn. (Sec. 73, BP 881)
G. Duty of COMELEC

Subject to its authority over nuisance candidates and directory and the candidates failure to observe the
its power to deny due course or cancel a certificate of requirement is considered a harmless error. Hence the
candidacy, the rule is that the COMELEC shall have bona fide certificate of the substitute candidate cannot
only the ministerial duty to receive and acknowledge be assailed. The votes in his favor should be counted.
receipt of the certificates of candidacy. (Sec. 78, BP (Villanueva vs. COMELEC, 140 SCRA 352)
881)
In case of valid substitutions after the official ballot
H. Effect Filing have been printed, the votes cast for the substituted
candidates shall be considered as many votes but
An appointive public official is considered resigned shall not invalidate the whole ballot. For this purpose,
upon filing of his certificate. (Sec. 66, BP the official ballots shall provide spaces where the
881;Sanciangco vs. Rono, 137, SCRA 671).This voters may write the name of substitute candidates if
includes an employs of a GOCC organized under the they are voting for the latter. (See. 12, RA 9006)
Corporation Code (Without original charter), since the
law makes no distinction. (PNOC EDC vs. NLRC, There is nothing in the Constitution or statute which
222 SCRA 831) requires as condition precedent that a substitute
candidate must have been a member of the party
Any elective official, whether national or local who has concerned for a certain period of time before he can
filed a certificate of candidacy for the same or any be nominated as such. (Sinaca vs. Mula, 315 SCRA
other office shall not be considered resigned from 266)
office. (sec. 26, COMELEC Resolution No. 3636,
Rules and Regulations Implementing RA 9006)
A valid certificate of candidacy is likewise an
I. Withdrawal of Certificate of Candidacy indispensable requisite in the case of a substitution of
a disqualified candidate under the provisions of Sec.
J. Form written declaration under oath. There was no 77 of the Election Code . . . The concept of a
withdrawal of candidacy for the position of mayor substitute presupposes the existence of the person to
where the candidate, before the deadline for filing be substituted, for how can a person take the place of
certificates of candidacy, personally appeared in the somebody who does not exist or who never was...
COMELEC office, asked for his certificate of
candidacy and intercalated the word vice before the A disqualified candidate may only be substituted if he
word mayor and the following day wrote the election had a valid certificate of candidacy in the first place
registrar saying that his name be included in the list of because, if the disqualified candidate did not have a
official candidates for mayor. (Vivero vs. COMELEC, L valid and seasonably filed certificate of candidacy, he
81059, Jan 12, 1989) is and was not a candidate at all. If a person was not a
candidate, he cannot be substituted under Sec. 77 of
Since his certificate of candidacy for the office of the Code . . . .
board member was filed by his party, and the said
party had withdrawn the nomination which withdrawal While Sec. 78 of the Election Code enumerated the
was confirmed by the candidate under oath, there was occasion where a candidate may validly substitute
substantial compliance with Sec. 73. His filing under there is no mention of the case where a candidate is
oath within the statutory period of his individual excluded not only by disqualification but also by denial
certificate for candidacy for the separate office of and cancellation of his certificate of candidacy
mayor was, in effect, a rejection of the party (Miranda vs. Abaya, 311 SCRA 617)
nomination on his behalf for the office of board
member. (Ramirez vs. COMELEC, L-81150, Jan 12, In case of valid substitutions after the official ballots
1992) have been printed, the votes cast for the substituted
candidates shall be considered as stray votes but
K. Substitution of Candidacy Sec. 77 BP 881; Sec. 12, shall not invalidate the whole ballot. Sec. 12, RA 9006.
RA 9006 amending Sec. 12 of RA 8436)
If after the last day for filing certificates, a candidate DISQUALIFICATION OF CANDIDATES
dies, withdraws or is disqualified, he may be
substituted by a person belonging to his party not later 1. Grounds
than the mid day of election. Said certificate may be
filled with any board of election inspectors in the Violation of Omnibus Election Code Sec. 68
political subdivision where he is an electorate of the
country, with the COMELEC. (Domingo vs. City Board 1. Giving money or other material
of Canvassers, GR No. 105365, June 2, 1992) consideration to influence voters or public
officials performing electoral functions
Even if the withdrawal was not under oath, the 2. Committing acts of terrorism to enhance his
certificate of the substitute cannot be annulled after candidacy
the election. Such technicality of the original 3. Spending in his election campaign in excess
candidates withdrawal of his certificate of candidacy of the amount allowed by the Code
cannot be used to override the peoples will in favor to 4. Soliciting, receiving or making any prohibited
the substitute candidate. The legal requirement that contribution
the withdrawal be under oath will be held to be merely
5. Violations of Secs. 80, 83, 85, 86 and 261,

paragraphs d, e, k, v and cc, sub-paragraph EFFECTS OF DISQUALIFICATION CASE
6.
After final judgment -Any candidate who has been
Nuisance candidate Sec. 69 declared by final judgment to be disqualified shall not be voted
for, and the votes cast for him shall not be counted.
A petition to disqualify a candidate for councilor for failure to
indicate in his certificate of candidacy the precinct number and Before final judgment If for any reason a candidate
the barangay as a registered voter cannot be considered a is not declared by final judgment before an election to be
petition to disqualify him for being a nuisance candidate, since disqualified and he is voted for and receives the winning number
his certificate was not filed to make mockery of the election or to of votes in such election the Court or Commission shall continue
confuse the voters. (Jurilla vs. COMELEC, 232 SCRA 758) with the trial and hearing of the action, inquiry or protest and,
upon motion of the complainant or any intervenor, may, during
Falsity of material representation in certificate of candidacy. the tendency thereof, order the suspension of the proclamation
Sec. 78 of such candidate whenever the evidence of guilt is strong.
(Sec. 6, RA 6646)
The COMELEC has jurisdiction over a petition to disqualify a
candidate for congressman for ineligibility before he has been The purpose of a disqualification proceeding is to
proclaimed and has assumed office (Marcos vs. COMELEC, prevent the candidate from running or, if elected, from serving,
248 SCRA 300; Aquino vs. COMELEC, 248 SCRA 400) or to prosecute him for violation of election laws. The fact that a
candidate has been proclaimed and had assumed the position
2. Procedure for disqualification of candidates to which he was elected does not divest the COMELEC of
authority and jurisdiction to continue the hearing and eventually
The petition shall be filed by any registered decide the disqualification. The COMELEC should not dismiss
candidate for the same Office within 5 days from the case simply because the respondent has been proclaimed.
the last day of filing of certificates of Candidacy. (Sunga vs. COMELEC, 288 SCRA 76 and Lonzanida vs.
(Secs. 5a and 7, RA 6646) COMELEC, 311 SCRA 617)
Under the election laws and the COMELEC Rules Sec. 6 of RA 6616 authorizes the continuation of
of Procedure, any voter may file a petition to proceedings for disqualification even after the elections if the
disqualify a candidate on grounds provided by respondent has not been proclaimed. (Perez vs. COMELEC,
law. (Torayno vs.COMELEC, 337 SCRA 574) 317 SCRA 641)
The fact that no docket fee was initially paid is not
fatal. The Procedural defect as cured by the A disqualification case may have two aspects, the
subsequent payment of the docket fee. (Sunga vs. administrative, which required only a preponderance of
COMELEC, 228 SCRA 76) evidence to prove disqualification, and the criminal, which
necessitates proof beyond reasonable doubt to convict.
A petition filed after the election is filed out of time.
(Loong vs.COMELEC, 216 SCRA 769) There is no provision in RA 6646 that treats of a
situation where the complaint for disqualification is filed after the
Since the filing by facsimile transmission is not election. . . .
sanctioned and a facsimile copy is not an original
pleading, a petition for disqualification should be Second paragraph of paragraph 2 of Res. No. 2050
deemed filed upon the filing of the original petition. provides that where a complaint is filed after the election but
(Garvida vs. Sales, 271 SCRA 764) before proclamation, as in this case, the complaint must be
dismissed as a disqualification case but shall be referred to the
Where a qualified candidate was replaced on the day Law Department for preliminary investigation.
before the election, a petition to disqualify the
replacement filed on election day should be Why there is a difference between a petition for
entertained, as it was impossible to file the petition disqualifications before and after the election proceeds from the
earlier. (Abella vs. Larrazabal, 180 SCRA 509) fact that before the electorate and those who vote for the
candidate assume the risk that should said candidate be
The COMELEC may motu propio refuse to give disqualified after the election, their votes would be declared
due course or cancel a certificate of candidacy. stray or invalid votes and that would not be true in the case of
(Sec. 69, BP 881) one filed after the electorate has already voted . . . (Bagatsing
The proceeding shall be summary. (Nolasco vs.
COMELEC, 275 SCRA The COMELEC can legally suspend the proclamation
762) of the winning candidate although he received the winning
number of votes.(Labo vs. COMELEC, 211 SCRA 297).
The COMELEC can decide a disqualification case
directly without referring it to its legal officers for The use of the word may, indicates that the
investigation. (Nolasco, supra) suspension of the proclamation is merely directory and
permissive in nature and operates to confer discretion. What is
The decision shall be final and executory after 5 made mandatory is the continuation of the trial and hearing of
days from receipt unless stayed by the Supreme the action, inquiry or protest. Since the suspension of the
Court [Secs. 5(e) and 7, RA 6646] proclamation is merely permissive, the proclamation of a
candidate is valid, if the COMELEC did not suspend his 2. Congressmen, provincial, city and municipal officials
proclamation. (Grego vs. COMELEC, 274 SCRA 481) 45 days before election day.
Under the same provision, intervention may be C. Lawful propaganda

allowed in proceedings for disqualification even after election if
there has yet no final judgment rendered. (Mercado vs. Mazano, 1. Forms
307 SCRA 630)
2. Pamphlets, leaflets, cards, decals, stickers and written
Where the votes cast for a nuisance candidate whose or printed materials not more than 8 inches by 14
disqualification had not yet become final on election day were inches
tallied separately, they should be counted in favor of the
petitioner. (Bautista vs. COMELEC, 298, SCRA 480) 3. Handwritten/printed letters
THE LONE CANDIDATE LAW 4. Cloth, paper or cardboard, posters measuring, not
more than 2 feet by 3 feet 3 by 8 ft. allowed in
The Lone Candidate Law is RA 8295, enacted June 6, announcing at the site on the occasion of a public
1997. Section 2 thereof provides the upon the expiration of the meeting or rally, may be displayed 5 days before the
deadline for the filing of certificate of candidacy in a special date of rally but shall be removed within 24 hours after
election called to fill a vacancy in an elective position other than said rally.
for President and Vice-President, when there is only one (1)
qualified candidate for such position, the lone candidate shall be 5. Paid print advertisements: page in broadsheets and
proclaimed elected to the position by proper proclaiming body of pages in tabloids thrice a week per newspaper,
the COMELEC that he is the only candidate for the office and is magazine or other publication during the campaign
thereby deemed elected. period. (Sec. 4, RA 9006)
Section 3 thereof also provides that the lone candidate 6. Broadcast Media(i.e., TV and radio) National
so proclaimed shall assume office not earlier than the scheduled Positions: 120 minutes for TV, 180 minutes for radio /
election day, in the absence of any lawful ground to deny due Local Positions: 60 minutes for TV, 90 minutes for
course or cancel the certificate of candidacy in order to prevent radio
such proclamation.
7. Other forms of election propaganda not prohibited by
the Omnibus Election Code and RA 9006, and
authorized by the COMELEC.
VI. CAMPAIGN; ELECTION PROPAGANDA; Requirement

CONTRIBUTIONS AND EXPENDITURES
1. Any published or printed political matter or broadcast
Election campaign or partisan political activity refers to an of election propaganda by television or radio for or
act designed to promote the election or defeat of a particular against a candidate or group of candidates to any
candidate or candidates for public office. (Sec. 79, BP 881) public office shall bear and be reasonably legible or
audible words political advertisement paid for,
a. If done for the purpose of enhancing the chances of followed by the true and correct name and address of
aspirants for nomination for candidacy to a public the candidate or party for whose benefit the election
office by a political party, etc, it shall not be considered propaganda was printed or aired.
as election campaign or partisan political activity.
2. If the broadcast is given free or charge by the radio or
b. It shall be unlawful for any person or any party to television station, it shall be identified by the word
engage in election campaign or partisan political airtime for this broadcast was provided free of charge
activity except during the campaign period. by followed by the true and correct name and
address of the broadcast entity.
c. Members of the Civil Service to engage, directly or
indirectly, in any electioneering or partisan political 3. Print, broadcast or outdoor advertisements donated to
campaign. the candidate or political party shall be printed,
published, broadcast or exhibited without the written
A. Nomination of candidates acceptance by the said candidate or political party.
Such written acceptance shall be attached to the
1. President, Vice-President and Senators not earlier advertising contract and shall be submitted to the
than 165 before election date COMELEC. (Sec. 4, RA 9006)
2. Congressmen, provincial, city or municipal officials D. Prohibited Campaign

not earlier than 75 days before election day
1. Public exhibition of a movie, cinematograph or
B. Campaign period documentary portraying the life or biography of a
candidate during campaign period.\
1. President, Vice-President and Senators 90 days
before election day

2. Public exhibition of a movie, cinematograph or 6. Schools which received grants of public

documentary portrayed by an actor or media funds of at least P100,000
personality who is himself a candidate; 7. Employees in the Civil Service or members
of the Armed Forces.
3. Use of airtime for campaign of a media practitioner 8. Foreigners (Sec. 95 , Bp 881)
who is an official of a party or a member of the 9. Corporations (sec. 36 (9), Corp. Code)
campaign staff of a candidate or political party.
H. Equal Access to Media Time and Space
Scope All registered parties and bonafide
candidates shall have equal access to media time and
1. Prohibiting the posting of decals and stickers except in space . The following guidelines may be amplified on
the common posting area authorized by the by the COMELEC.
COMELEC is not valid (Adiong vs. COMELEC, 244 1. No franchise or permit to operate a radio or
SCRA 272) television shall be granted or
issued, suspended or cancelled during the
2. Mass media may report news relating to candidates, election period.
and mass media practitioners may give their opinion 2. Any mass media columnist, commentator,
regarding candidates. (National Press Club vs. announcer, reporter, on-air
COMELEC, 207 SCRA 1) correspondent or personality who is a
candidate for any elective public office or is a
E. Rallies campaign volunteer for or employed or retained in any
capacity by any candidate or political party
1. An application for permit for a rally shall not shall be deemed resigned, if so required by
be denied except on the their employers, or shall take a leave of absence from
ground that a prior written application for the his work as such during the campaign. And that any
same purpose has been approved. A media practitioner who is an official candidate of a
denial is appealable to the provincial election supervisor or political party or member of the campaign staff of a
COMELEC. (Sec. 87, BP 881) candidate or political party shall
2. It is unlawful to give or accept not use his media time and space to favor any
transportation, food, drinks or things of candidate or political party.
value within 5 hours before and after a
public rally, before election day and I. Limitation on expenses Sec. 13, RA 7166
on election day. (Sec. 89 BP 881) 1. Candidates
a. President and vice president
F. Prohibited donations P10 per voter
It is prohibited for any candidate, his b. Other candidates P3 per voter in
spouse, relative within second degree of his constituency
consanguinity or affinity, or representative to make any c Candidate without political party
contribution for any structure for public use or for use P5 per voter
of any religious or civic organization except the normal d. Party/organization and coalition
religious dues and payment for scholarships participating in the party list
established and school contributions habitually made system P5 per voter
before the campaign period. (Sec. 104, BP 881)
2. Political party and coalition P5 per voter in
G. Prohibited contributions the constituency where it has
No political contribution shall be made by candidates. (sec. 13, RA 7166)
the following:
1. Public or private financial institutions J. Statement of contributions and expenditures
2. Public utilities and those who exploit natural 1. Filing
resources a. every candidate and treasurer of
political party shall file within 30 days after election day a
Thus, where an operator of a statement of contributions and expenditures.
public utility disguised a contribution to a b. No persons elected shall assume
candidate for governor as loan, the office until he and his political party has filed
promissory note is void: (halili vs. Court of the required statements
Appeals, 83 SCRA 633)
2. Penalties
3. Persons who hold contracts or sub-contracts a. First Offense administrative fine
to supply the government from P 1,000 to P30, 000
with goods and services. b. Subsequent offense
4. Persons granted franchises, incentives, i. Administrative fine from
exemptions or similar privileges by P2,000 to P60, 000
the government ii. Perpetual
5. Persons granted loans in excess of P25, disqualification to hold public office (Sec. 14,
000 by the government or any of RA 7166)
its subdivisions or instrumentalities
3. Effect of withdrawal
A candidate who withdraws his

certificate of candidacy must still file a An election officer alone, or even with the agreement
statement of contributions and expenditures, of the candidates, cannot validly postpone or suspend the
for the law makes no distinction. (Pilar vs. election. (Basher vs. COMELEC, 330 SCRA 736). . . It is
COMELEC, 245 SCRA 759) essential to the validity of the election that the voters have
notice in some form, either actual or constructive, of the time,
VII. ELECTION; BOARD OF ELECTION INSPECTORS (BEI); place and purpose thereof (Basher vs. COMELEC, supra)
WATCHERS
A petition to postpone elections should be addressed
KINDS OF ELECTION to the COMELEC, subject to the remedy of review provided for
1. General election is one provided for by law for the in Art IX A Section 7.
election to offices throughout
the State, or certain subdivisions thereof, after the In fixing the date of special elections the COMELEC should see
expiration of the full term of former officers. to it that:
2. Special Election is one provided for by law to fill 1. It should not be later than thirty (30) days after the
vacancy in office before the expiration of the full term for which secession of the cause of the
the incumbent was elected or one fixed by the COMELEC due Postponement of suspension of the election or a
to postponement or suspension of the election or the failure to failure to elect; and
elect. 2. It should be reasonably close to the date of the
3. Recall election is an election by means of which election not held, suspended or
voters decide whether they should retain their local official or Which resulted in the failure to elect.(Pangandaman
elect his replacement. (Claudio vs. COMELEC, 331 SCRA 388) vs. COMELEC, 319 SCRA 283)
ELECTION PERIOD A special election is not valid if notice of its date and of
Unless otherwise fixed by the COMELEC in special the transfer of the precincts was given less than a day before,
cases, the election period shall commence 90 days before the since the voters were deprived of the opportunity to vote.
day of the day of the election and shall end 30 days thereafter. (hassan vs. COMELEC, 264 SCRA 125)
[Sec. 9, Art. IX C, PC]
FAILURE OF ELECTION
DATE OF ELECTION 1. Sec.6 the OEC contemplates three instances when
The regular election of the President, Vice-President, the COMELEC may declare a failure of election and call for the
Senators and Members of the House of Representatives and holding of a special election: (1) when thee election in any
local officials, except barangay officials, shall be on the second polling place has not been held on the date fixed on account of
Monday of May once every three years. In accordance with the force majeure, violence, terrorism, fraud and other analogous
constitutional policy to synchronize elections, the regular cases, (2) when the election in any polling place has been
election for national and local officials is now held suspended before the hour fixed by law for the closure of the
simultaneously. (RA 7166) Under 6679, regular elections for voting; and (3) after the voting and during the preparation and
barangay officials shall be held once every five years. transmission of the election returns or in the custody or canvass
thereof, such election results in a failure to elect. (Soliva et al vs.
ELECTION OF SANGGUNIANG MEMBERS COMELEC, GR No. 141723, April 20,2001)
1. For provinces with two or more legislative district the
elective members of 2. The power to throw out or annul an election should be
Sangguniang Panlalawigan (Spn) shall be elected by exercised with the utmost care and only under circumstances
legislative districts. which demonstrate beyond doubt either that the disregard of the
2. For provinces with only one legislative district the law had been so fundamental or so pertinent and continuous
COMELEC shall divide that it is impossible to distinguish what votes are lawful and what
them into districts for purposes of electing the are unlawful, or to arrive at any certain result whatsoever, or that
members of the SPn; the great body of voters have been prevented by viiolence,
3. For cities in Metro Manila Area, Cebu City, Davao City intimidation and threats from exercising their franchise There
or any other city with is failure of elections only when the will of the electorate has
two or more legislative district governed by Secs. 2 been muted and cannot be ascertained. (Benito vs. COMELEC,
and 3 of RA 6686. GR No. 134913,January 19,2001)
4. For municipalities in Metro Manila the COMELEC
shall divide them into two 3. A special election should be held if the ballot box in
districts by barangay for purposes of electing the precinct was burned.(Hassan vs. COMELLEC,264 SCRA
members of the SB. 125)
POSEPONEMENT OF ELECTION 4. The destruction of the copies of the election returns

When for any serious cause such as violence, intended for the board of canvassers is not a ground for the
terrorism, loss or destruction of election paraphernalia or declaration of failure of election as other copies of the returns
records, force majeure, and other analogous cases of such can be used (Sardea vs. COMELEC,225 SCRA 374)
nature that the holding of a free, orderly and honest election
should become impossible in any political subdivision, the 5. The fact that less than 25% of the registered voters
COMELEC, motu propio or upon a verified petition by any voted does not constitute failure of election, since voting took
interested party, and after due notice and hearing, whereby all place. (Mitmug vs. COMELEC,230 SCRA 54)
interested parties are afforded equal opportunity to be heard,
shall postpone the election therein. (Sec. 5, BP 881)
6. Lack of notice of the date and time of the canvass, 2. Other watchers
fraud, violence, terrorism, and analogous causes, such as a. The accredited citizens arm is entitled to
disenfranchisement of voters, presence of flying voters, and lack a watcher in every precinct.
of qualifications of the members of the Board of Inspectors are b. Other civic organizations may be
not grounds for declaration of failure of election but for an authorized to appoint one watcher in
election protest. (Borja vs. COMELEC,260 SCRA 604) every precinct. (Section 180, BP 881)
B. Important rights of watchers
7. The fact that the names of some registered voters 1. All watchers
were omitted from the list of voters, strangers voted for some of a. To stay inside the precinct
the registered voters, a candidate was credited with less votes b. To inform themselves of the
than he received, the control data of some election returns were proceedings
filled up, the ballot boxes were brought to the municipal hall c. To file a protest against any irregularity
without padlock and seals, and that there was a delay in the d. To obtain a certificate of the number of
delivery of election returns are not grounds for the declaration of votes cast for each candidate (Section
failure of election. (Canicosa vs. COMELEC, 282 SCRA 512) 179, BP881)
2. Citizens Arm
8. An election cannot be annulled because of the illegal To be given a copy of the election return to
transfer of a precinct less than 45 days before the election if the be used for the conduct of an unofficial count. (Section
votes of those who were not able to vote will not alter the result. 1, RA 8045)
(Balindong vs. COMELEC, 260 SCRA 494)
VIII. CASTING OF VOTES
9. There is no reglementary period for filing a petition for
annulment of an election if there has as yet been no 1. The chairman of the Board of Election Inspectors
proclamation. (Loong vs. COMELEC, 257 SCRA 1) should sign each ballot at the back. The omission of such
signature does not affect the validity of the ballot.(Libanan vs
10. The COMELEC may decide a petition to declare a HRET,283 SCRA 520) Under the rules prevailing during the
failure of election en banc at the first instance, since it is not a 1997 Barangay Elections, the failure to authenticate the ballots
pre-proclamation case or an election protest. (Borja vs. shall no longer be cause for the invalidation thereof.
COMELEC, 260 SCRA 604) (Malabaguio vs. COMELEC,346 SCRA 699)
2. A voter who was challenged on the ground that he has
11. In petitions to declare a failure of election on the been paid for the vote or made a bet on the result of the election
ground of fraud, the COMELEC may conduct a will be allowed to vote if he takes an oath that he did not commit
technical examination of election documents and the act alleged in the challenge. (Section 200,BP881)
compare and analyze the signatures and fingerprints 3. An illiterate or physically disabled voter may be
of the voters. (Loong vss. COMELEC,257 SCRA 1) assisted by a relative by affinity or consanguinity within the
fourth degree or any person of his confidence who belongs to
SPECIAL ELECTION TO FILL UP VACANCY the same household or any member of the Board of Election
1. In case of permanent vacancy in Congress at least Inspectors. (Section 196, BP881)
one year before the expiration of the term, the COMELEC shall 4. It is unlawful to use carbon paper, paraffin paper or
hold a special election not earlier than 90 days after the other means for making a copy of the contents of the ballot or to
occurrence of the vacancy. use any means to identify the ballot.(Sec. 195,BP881). A ballot
2. A vacancy in the Senate will be filled up at the next prepared under such circumstances should not be counted.
regular election.(Section 4,RA 7166) (Gutierrez vs. Aquino, Feb,26,1959)
BOARD OF ELECTION INSPECTORS (BEI)

A. The Board of Election Inspectors shall be composed
of a chairman and two members, all of whom are ABSENTEE VOTING
public school teachers. 1. Members of the Board of Election Inspectors and their
B. If there are not enough public school teachers, substitutes may vote in the precinct where they are assigned.
teachers in private schools, employees in the civil (Section 169, BP 881)
service, or other citizens of known probity and 2. Absentee voting for President, V-president and
competence may be appointed. (Section 13, RA 6646) Senators are allowed for members of the AFP, PNP, and other
government employees assigned in connection with the
WATCHERS performance of election duties to places where they are not
A. Number registered. (Section 12, RA 7166)
1. Official watchers
a. Every registered party or coalition of RA NO. 9189 AN ACT PROVIDING FOR A SYSTEM OF
parties and every candidate is entitled OVERSEAS ABSENTEE VOTING BY QUALIFIED CITIZENS
to one watcher per precinct and OF THE PHILIPPINES ABROAD
canvassing counter.
b. Candidates for the local legislature Sec. 5. Disqualification. The following shall be disqualified
belonging to the same party are entitled from voting under this Act:
collectively to one watcher.
c. Six principal watchers from 6 a) Those who have lost their Filipino citizenship in
accredited major political parties shall accordance with Philippine laws;
be recognized. (Section 26, 7166)
b) Those who have expressly renounced their Philippine calendar days before the day of elections. For succeeding
citizenship and who have pledge allegiance to a foreign elections, the Commission shall provide for the period within which
country; applications to register must be filed.
c) Those who have committed and are convicted in a final In the case of seafarers, the Commission shall provide
judgment by a court or tribunal of an offense punishable by a special mechanism for the time and manner of personal
imprisonment of not less than one (1) year, including those registration taking into consideration the nature of their work.
who have committed and been found guilty of Disloyalty as
define under Article 137 of the Revised Penal Code, such 6.1 Upon receipt of the application for registration, the
disability not having been removed by plenary pardon or Election Officer shall immediately set the
amnesty: Provided, however, That any person disqualified application for hearing, the notice of which shall
to vote under this subsection shall automatically acquire be posted in a conspicuous place in the premises
the right to vote upon expiration of five(5) years after of the city or municipal building of the applicants
service of sentence; Provided further, That the Commission stated residence for at least one (1) week before
may take cognizance of final judgments issued by foreign the date of the hearing. The Election Officer shall
courts or tribunals only on the basis or reciprocity and immediately furnish a copy of the application to
subject to the formalities and processes prescribed by the the designated representatives of political parties
Rules of court on execution of judgments; and other accredited groups.
d) An immigrant or a permanent resident who is recognized as 6.2 If no verified objection to the application is filed,
such in the host country, unless he/she execute, upon the Election Officer shall immediately forward the
registration, an affidavit prepared for the purpose by the application to the Election Registration Board,
Commission declaring that he/ she shall resume actual which shall decide on the application within one
physical permanent residence in the Philippine not later (1) week from the date of hearing without waiting
than three(3) years from approval of his/her registration for the quarterly meeting of the Board. The
under this Act. Such affidavit shall also state that she/ he applicant shall be notified of the approval or
has no applied for citizenship in another country. Failure to disapproval of his/her application by registered
return shall be cause for the removal of the name of mail.
immigrant or permanent resident from the National Registry
of Absentee Voters and his/her permanent disqualification 6.3 In the event that an objection to the application
to vote in absentia. is filed prior to or on the date of hearing, the
Election Officer shall notify the applicant of said
e) Any citizen of the Philippines objection by registered mail, and closing therein
abroad previously declared insane or incompetent by copies of affidavits or documents submitted in
competent authority in the Philippines or abroad, as verified support of the objection filed with the said
by the Philippine embassies, consulates or foreign service Election Officer, if any. The applicant shall have
establishments concerned, unless such competent the right to file his counter-affidavit by registered
authority subsequently certifies that such person is no mail, clearly stating therein facts and defenses
longer insane or incompetent. sworn before any officer in the host country
authorized to administer oaths.
SEC. 6 Personal Overseas Absentee Registration.
Registration as an overseas absentee voter shall be done in 6.4 The application shall be approved or
person. disapproved based on the merits of the
objection, counter-affidavit and documents
Qualified citizens of the Philippines abroad who failed to register submitted by the party objecting and those of the
under Republic Act No. 8189, otherwise known as The Voters applicant.
Registration Act of 1996, may personally apply for registration with
the Election Registration Board of the city or municipality where 6.5 A Certificate of Registration as an overseas
they were domiciled immediately prior to their departure from the absentee voter shall be issued by the
Philippines, or with the representative of the Commission of the Commission to all applicants whose applications
Philippine embassies, consulates and other foreign service have been approved, including those certified as
establishments that have jurisdiction over the locality where they registered voters. The Commission shall include
temporarily reside. Subject to guidelines herein provided, the the approved applications in the National
Commission is hereby authorized to prescribe procedures for Registry of Absentee Voters.
overseas absentee registration pursuant to the provisions of
Republic Act No. 8189, whenever applicable, taking into strict 6.6 If the application has been approved, any
consideration the time zones and the various periods and interested party may file a petition for exclusion
processes herein provided for the proper implementation of this not later than two hundred ten (210) days before
Act. The embassies, consulates and other foreign service the day of elections with the proper municipal or
establishments shall transmit within five (5) days from receipt the metropolitan trial court. The petition shall be
accomplished registration forms to the Commission after which the decided within fifteen (15) days after its filing on
Commission shall coordinate with the Election Officer of the city or the basis of the documents submitted in
municipality of the applicants stated residence for verification, connection therewith. Should the court fail to
hearing and annotation in the permanent list of voters. render a decision within the prescribed period,
the ruling of the Election Registration Board
All applications for the May 2004 elections shall be shall be considered affirmed.
filed with the Commission not later than two hundred eighty (280)
6.7 If the application has been approved, the Philippines for purposes of Section 6.7
applicant or his authorized representative shall, and Section 12 hereof.
within a period of five (5) days from receipt of
the notice of this approval, have the right to file a c.) In the case of immigrants and
petition for inclusion with the proper municipal or permanent residents not otherwise
metropolitan trial court. The petition shall be disqualified to vote under this Act, an
decided within five (5) days after its filing on the affidavit declaring the intention to
basis of documents submitted in connection resume actual physical permanent
therewith. residence in the Philippines not later
than three (3) years after approval of
Qualified citizens of the Philippines abroad, who have his/her registration as an overseas
previously registered as voters pursuant to Republic Act No. absentee voter under this Act. Such
8189 shall apply for certification as absentee voters and for affidavit shall also state that he/she has
inclusion in the National Registry of Overseas Absentee Voters, not applied for citizenship in another
with a corresponding annotation in the Certified Voters List. country.
Sec. 7. System of Continuing Registration. The The Commission may also require
Commission shall ensure that the benefits of the system of additional data to facilitate registration
continuing registration are extended to qualified overseas and recording. NO information other
absentee voters. Towards this end, the Commission shall than those necessary to establish the
optimize the use of existing facilities, personnel and identity and qualification of the
mechanisms of the various government agencies for purposes applicant shall be required.
of data gathering, data validation, information dissemination and
facilitation of the registration process. Sec. 11 Procedure for Application to Vote in Absentia.-
Pre-departure programs, services and mechanisms 11.1 Every qualified citizen to the Philippines abroad whose
offered and administered by the Department of Foreign Affairs, application for registration has been approved, including
Department of Labor and Employment, Philippine Overseas those previously registered under Republic Act No. 8189,
Employment Administration, Overseas Workers Welfare shall, in every national election, file with the officer of the
Administration, Commission on Filipinos Overseas and other embassy, consulate or other foreign service
appropriate agencies of the government shall be utilized for establishment authorized by the Commission, a sworn
purposes of supporting the overseas absentee registration and written application to vote in a form prescribed by the
voting processes, subject to limitations imposed by law. Commission. The authorized officer of such embassy,
consulate or other foreign service establishment shall
Sec.8 Requirements for Registration. Every transmit to the Commission the said application to vote
Filipino registrant shall be required to furnish the following within five (5) days from receipt thereof. The application
documents: form shall be accomplished in triplicate and submitted
together with the photocopy of his/her overseas
a.) A valid Philippine absentee voter certificate of registration.
passport. In the absence of a valid passport,
a certification of the Department of Foreign 11.2 Every application to vote in absentia may be done
Affairs that it has reviewed the appropriate personally at, or by mail to the embassy, consulate or
documents submitted by the applicant and foreign service establishment, which has jurisdiction over
found them sufficient to warrant the the country where he/she has indicated his/her address
issuance of a passport, or that the applicant for purposes of th elections.
is a holder of a valid passport but is unable
to produce the same for a valid reason; 11.3 Consular and diplomatic services rendered in connection
b.) Accomplished with the overseas absentee voting processes shall be
registration from prescribed by the made available at no cost to the overseas absentee
commission containing the mandatory voter.
information:
Sec. 12 . Verification and Approval of Application to Vote.-
(i) Last know residence of the applicant in
the Philippines before leaving for abroad; All applications shall be acted upon by the Commission upon
(ii) Address of applicant abroad, or receipt thereof, but in no case later than one hundred fifty
forwarding address in the case of (150) days before the day of elections. In the event of
seafarers; disapproval of the application, the voter or his authorized
representative may file a Motion for Reconsideration with the
(iii) Where voting by mail is allowed, the Commission personally, or by registered mail, within ten (10)
applicants mailing address outside the days from receipt of the notice of disapproval. The
Philippines where the ballot for Commission shall act within five (5) days from receipt of such
absentee voters will be sent, in proper Motion for Reconsideration and shall immediately notify the
cases; and voter of its decision. The decision of the Commission shall be
final and executory.
(iv) Name and address of applicants
authorized representative in the Sec. 16. casting and Submission of Ballot.-

16.1 Upon receipt by7 the designated officer of the embassy,

consulate and other foreign service establishments of 16.8 Only ballots cast, and mailed ballots received by the
the ballots for overseas absentee voters, voting Philippine embassies, consulates and other foreign
instruction, election forms and other paraphernalia, service establishments concerned in accordance with
he/she shall make them available on the premises to Section 17 hereof before the close of voting open the
the qualified overseas absentee voters in their day of elections shall be counted in accordance with
respective jurisdiction during the thirty (30 ) days Section 18 hereof. All envelopes containing the
before the day of elections when overseas absentee ballots received by the embassies, consulates and
voters may cast their vote. Immediately upon receiving other foreign service establishments after the
it, the overseas voter must fill-out his/her ballot prescribed period shall not b opened, and shall be
personally, in secret, without leaving the premises of cancelled and shipped to the Commission by the
the embassies, consulates and other Foreign Service least costly method within six (6) months from the
establishments concerned. day of elections.
16.2 The overseas absentee voter shall personally 16.9 A special Ballot Reception and Custody Group
accomplish his/her ballot at the embassy, consulate composed of three (3) members shall be constituted
or other foreign service establishment that has by the Commission from among the staff of the
jurisdiction over the country where he/she embassies, consulates and other foreign service
temporarily resides or at any polling place designated establishments concerned including their attached
and accredited by the Commission. agencies, and citizens of the Philippines abroad, who
will be deputized to receive ballots and take custody
16.3 The overseas absentee voter shall cast his ballot, of the same preparatory to their transmittal to the
upon presentation of the absentee voter identification Special Boards of Election Inspectors.
card issued by the Commission, within thirty (30)
days before the day of elections. In the case of 16.10 During this phase of the election process, the
seafarers, they shall cast their ballots anytime within authorized representatives of political parties,
sixty (60) days before the day of elections. In the candidates, and accredited citizens arms of the
case of seafarers, they shall cast their ballots Commission shall be notified in writing thereof and
anytime within sixty (60) days before the day of shall have the right to witness the proceedings.
elections as prescribed in the Implementing Rules
and Guidelines. 16.11 The Commission shall study the use of electronic
mail, internet, or other secured networks in the
16.4 All accomplished ballots received shall be placed casting of votes, and submit a report thereon to the
unopened inside sealed containers and kept in a Joint Congressional Oversight Committee.
secure place designated by the Commission.
Sec. 17. Voting by Mail.
16.5 The embassies, consulates and other foreign service
establishments concerned shall keep a complete 17.1 For the May 2004 elections, the Commission shall
record of the ballots for overseas absentee voters, authorize by voting mail in not more than three (3)
specifically indicating the number of ballots they countries, subject to the approval of the Congressional
actually received, and in cases where voting by mail Oversight Committee. Voting by mail may be allowed in
is allowed under Section 17 hereof, the names and countries that satisfy the following conditions:
addresses of the voters to whom these ballots were
sent, including proof of receipt thereof. In addition, a.) Where the mailing system is
the embassies, consulates and other foreign service fairly well-developed and
establishments shall submit a formal report to the secure to prevent occasion for
Commission and the Joint Congressional Oversight fraud;
Committee created under this Act within thirty (30) b.) Where there exists a
days from the day of elections. Such report shall technically established
contain data on the number of ballots cast and identification system that would
received by the officers the number of invalid and preclude multiple or proxy
unclaimed ballots and other pertinent data. voting; and
c.) Where the system of reception
16.6 The overseas absentee shall be instructed that and custody of mailed ballots
his/her ballot shall not be counted if it is not inside in the embassies, consulates
the special envelope furnished him/her when it is and other foreign service
cast. establishments concerned are
adequate and well-secured.
16.7 Ballots not claimed by the overseas absentee voters
at the embassies, consulates and other foreign Thereafter, voting by mail in any
service establishments, in case of personal voting, country shall be allowed only upon
and ballots returned to the embassies, consulates review and approval of the Joint
and other foreign service establishments concerned, Congressional Oversight
in the case of voting by mail. Shall be cancelled and Committee.
shipped to the Commission by the least costly 17..2 The overseas absentee voter shall send his/her
method within six (6) months from the day of accomplished ballot to the corresponding embassy,
elections. consular or foreign service establishment that has
jurisdiction over the country where he/she temporarily 24.4 For any person to steal, destroy, conceal,
resides. He/she shall be entitled to cast his/her ballot mutilate or alter any record, document or paper
at any time upon his/her receipt thereof, provided that as required for purposes of this Act.
the same is received before the close of voting on the
day of elections. The overseas absentee voter shall be
instructed that his/her ballots shall not be counted if 24.5 For any deputized agent to refuse without
not transmitted in the special envelope furnished justifiable ground, to serve or continue serving,
him/her. or to comply with his/her sworn duties after
acceptance of his/her appointments;
17.3 Only mailed ballots received by the Philippine embassy,
consulate and other foreign service establishments 24.6 For any public officer or employee who shall
before the close of voting on the day of elections shall cause the preparations, printing, distribution of
be counted in accordance with Section 18 hereof. All information material, or post the same in
envelopes containing the ballots received by the website without the prior approval of the
embassies, consulates and other foreign service Commission.
establishments after the prescribed period shall not be
opened, and shall be cancelled and disposed of 24.7 For any public employee to cause the transfer,
appropriately, with a corresponding report thereon promotion, extension, recall of any member of
submitted to the Commission not later than thirty (30) the foreign service corps, including members
days from the day of elections. of the attached agencies, or otherwise cause
movement of any such member from his
Sec. 23. Security Measures to Safeguard the current post or position one (1) year before
Secrecy and Sanctity of Ballots.- At all stages of the electoral and three (3) months after the days of
process, the Commission shall ensure that the secrecy and elections, without securing the prior approval
integrity of the ballots are preserved. The Committees on of the Commission.
Absentee Voting of the Commission shall be responsible for
ensuring the secrecy and sanctity of the absentee voting 24.8 For any person who, after being deputized by the
process. In the interest of transparency, all necessary and Commission to undertake activities in
practicable measures shall be adopted to allow representation connection with the implementation of this Act,
of the candidates, accredited major political parties, accredited shall campaign for or assist, in whatsoever
citizens arms and non-government organizations to assist, and manner, candidates in the elections.
intervene in appropriate cases, in all stages of the electoral
exercise and to prevent any and all forms of fraud and 24.9 For any person who is not citizen of the
correction. Philippines to participate by word or deed,
directly or indirectly through qualified
Sec. 24. Prohibited Acts. In addition to the organizations/associations, in any manner and at
prohibited acts provided by law, it shall be unlawful: any stage of the Philippine political process
abroad, including participation in the campaign
24.1 For any officer or employee of the Philippine and elections.
government to influence or attempt to influence
any person covered by this act to vote, or not The Provision of existing laws to the
to vote, for a particular candidate. Nothing in contrary notwithstanding, and with due regard to the
this Act shall be deemed to prohibit free Principle of Double Criminality, the prohibited acts
discussion regarding politics or candidates for described in this section are electoral offenses and
public office. punishable in the Philippines.
24.2 For any person to deprive any person of any right The penalties imposed under Section 264 of
secured in this act or to give false information the Omnibus Election Code, as amended, shall be
as to his/her name, address, or period of imposed on any person found guilty of committing any
residence for the purposes of establishing set of the prohibited acts as defined I this section.
his/her eligibility or ineligibility to register or Provided, that the penalty or prision mayor in its
vote under this act; or to conspire with another minimum period shall be imposed upon any person
person for the purpose of encouraging the found guilty of Section 24.3 hereof without the benefit
giving of false information in order to establish of the operation of the Indeterminate Sentence Law. If
the eligibility or ineligibility of any individual to the offender is a public officer or a candidate, the
register or vote under this Act; or, to pay, or penalty shall be prision mayor in its minimum period.
offer to pa, or to accept payment either fro In addition, the offender shall be sentenced to suffer
application to vote in absentia or for voting. perpetual disqualification to hold public office and
deprivation of the right to vote.
24. 3 For any person to tamper with the ballot, the
mail containing the ballots for overseas Immigrants and permanent residents who do
absentee voters, the election returns including not resume residence in the Philippines as stipulated
the destruction, mutilation and manipulation in their affidavit under Section 5 (d) within three (3)
thereof. years after approval of his/her registration under this
Act and yet vote in the next elections contrary to the
said section, shall be penalized by imprisonment of
not less than one (1) year, and shall be deemed
disqualified as provided in Section 5 (c) of this Act. c. Evidence aliunde is not necessary to prove
His/her passport shall be stamped not allowed to a ballot as marked. (Bacobo vs. COMELEC,191 SCRA
vote. 576)
d. a ballot in which a sticker was stuck by
another person to invalidate it should not be rejected.
IX COUNTING OF VOTES (Lerias vs. HRET,202 SCRA 808)
MANNER
1. The Board of Election Inspectors shall read the ballots
publicly and shall not postpone the count until it is completed. RULES FOR APPRECIATION OF BALLOTS
(Section 206, BP 881)
2. The Board of Election Inspectors shall assume such 1. A ballot in which the first name or surname of a
positions as to provide the watchers and the public unimpeded candidate is written should be counted for him, if there
view of the ballot being read. (Section 25, RA 7166) is no other candidate with the same name. (Lerias vs.
3. If on account of violence or similar causes it becomes HRET,202 SCRA 808)
necessary to transfer the counting of the votes to a safer place,
the BEI may effect the transfer by unanimous approval of the 2. If only the first name of a candidate is written and it
board and concurrence of a majority of the watchers present. sounds like the surname of another candidate, the
(Section 18, RA6646) vote shall be counted in favor of the latter.
4. Where a commotion resulted in suspension of the
counting, the BEI may recount the ballots. (Dayag vs. Alonzo) 3. If there are two or more candidates with the same
name and one of them is incumbent, the vote shall be
counted in favor of the incumbent.
SPECIAL PROBLEMS
4. When two or more words are written on different lines
1. Excess Ballots which are the surnames of two or more candidates
If there are excess ballots, the poll clerk with the same surname of an office for which the law
shall draw out as many ballots equal to the excess without authorizes the election of more than one, the vote
seeing them, and the excess ballots shall not be counted. shall be counted in favor of all the candidates. With
(Section 207, BP881) the same surname.
2. Spoiled ballots
a. Ballots in the compartment for spoiled 5. When the word written is the first name of one
ballots are presumed to be spoiled ballots. candidate and the surname of another candidate, the
b. If the BEI finds that a valid ballot was vote shall be counted for the latter.
erroneously deposited in the compartment
for spoiled ballots. It shall be counted.
(Section 209, BP881) 6. If the ballot contains the first name of one candidate
3. Marked Ballot and the surname of another, the vote shall not be
a. Marked ballots shall not be counted counted for either.
(Section 208, BP881)
b. A ballot is considered marked in any of the 7. An incorrectly written name which sounds like the
following cases: correctly written name of a candidate shall be counted
i. The voter signed the ballot. in his favor(Bautista vs Castro,206 SCRA 606)
(Ferrer vs De Alban, 101 phil
10) 8. If the word written is the incidental name of two or
ii. There were variations in the more candidates for the same office none of whom is
style of writing incumbent, the vote shall be counted in favor of the
iii. The name of a a candidate candidate who belongs to the same ticket as all other
was written more than twice candidates voted for in the ballot for the same
iv. The voter wrote the names of constituency.
well-known public figures
who are not candidates such
as actors, actresses and 9. The erroneous initial of the first name accompanied by
national political figures. the correct surname of a candidate or the erroneous
(Protacto vs. De Leon, 9 initial of the same accompanied by the correct first
SCRA 472) name of a candidate shall not annul the vote in his
v. The ballot contains irrelevant favor.
expression.(Bautista vs.
Castro,206 SCRA 305). 10. A ballot in which the correct first name but wrong
However, the use of surname of a candidate is written or the correct
nicknames and appellations surname but wrong first name of a candidate is written
of affection and friendship, if ,shall not be counted in his favor.
accompanied by the name of
the candidate does not annul
the ballot except when it is 11. Where a candidate named Pedro Alfonso died on the
used to identify the voter. eve of the election and his daughter Irma Alfonso
(Section 211 (13), BP811) substituted him, ballots in which the name Pedro
alfonso was written cannot be counted in her favor. affected objects, the COMELEC, upon being satisfied of the
(Afonso vs. COMELEC,232 SCRA 777) veracity of the petition, shall order the correction.
12. If two or more candidates were voted for in an office If a candidate affected by the petition objects and the correction
for which the law authorizes the election for only one, will affect the results of the election, the COMELEC shall order a
the vote shall not be counted in favor of any of them. recount of the votes, if it finds the petition meritorious and the
integrity of the ballot box has not been violated (section 216, BP
881)
13. If the candidate voted for exceed the number of those
to be elected, the votes for the candidates whose
names were firstly written equal to the number of WHAT CONSTITUTE AN ELECTION
candidates to be elected shall be counted.
Plurality of votes sufficient for choice
14. Even if the name of a candidate was written on the
wrong space, it should be counted if the intention to Not necessary that a majority of voters should vote
vote for him can be determined, as when there is a
complete list of names of other offices written below CERTIFICATE OF VOTES
his name or the voter wrote the office for which he was
electing the candidate. (Cordero vs.Moscardon,132 The BEI shall issue a certificate of the number of votes received
SCRA 414) by a candidate upon request of a watcher. (Section 16, RA6646)
STRAY BALLOT The certificate of votes is admissible in evidence to prove

anomaly in the election return when authenticated by testimony
Rule 14 of section 211 of the Omnibus Election Code or documentary evidence of at least two members of the BEI.
considers three kinds of votes as stray: (1) a vote containing
initials only,(2) a vote which is illegible, and ( 3) a vote which
does not sufficiently identify the candidate for whom it is X. CANVASSING AND PROCLAMATION
intended. (Villarosa vs. HRET,340 SCRA 396)
CANVASSING BODIES
The rule is in favor of the validity of the ballot, not 1. Congress
otherwise The appearance of print and script writings in a a. President
single ballot does not necessarily imply that two persons wrote b. vice president
the ballot 2. COMELEC
a. Senators
Paragraph 18,section 149 of the REC, provides that b. Regional Officials
unless it should clearly appear that it has been deliberately put 3. Provincial board of canvassers
by the voter to serve as identification mark, the use of two or a. Congressman
more kinds of writing shall be considered innocent and shall not b. Provincial officials
invalidate a ballot.. 4. District Board of Canvassers in each
legislative district in Metro Manila
Under Section 211(19 ) of the OEC, any vote in favor a. Congressman
of a person who has not filed a certificate of candidacy or in b. Municipal official
favor of a candidate for an office for which he did not present 5. City and Municipal Board of Canvassers
himself shall be considered as an astray vote, but it shall not a. Congressmen
invalidate the whole ballot The unexplained presence of b. City and municipal officials
prominent letters and words written with remarkably good hand 6. Barangay Board of Canvassers
marked the ballots and must be considered invalid a. Barangay officials
When in a space in the ballot there appears a name of

candidate that is erased and another clearly written, the vote is SUPERVISORY POWER OVER THE BOARD
valid for the latter incorrect spelling of a candidates name
does not invalidate the ballotfor even the most literate person The COMELEC exercises direct supervision
is bound to commit a mistake in spelling. (Ong vs. COMELEC, and control over the proceedings before the board of
347 SCRA 681) canvassers (Mastura vs. COMELEC, 285 SCRA 493)
CORRECTION OF RETURNS NATURE OF DUTY OF BOARD OF CANVASSERS

1. Ministerial- it has only the ministrial task of tallying the
1. Before the announcement of the results of the election votes as reported in the election returns and declare the results,
in a precinct, any correction or alteration in the election returns and cannot exercise the judicial power of deciding an election
must be initialed by all members of the BEI. contest. The correction of the manifest mistake in the
mathemathical addition calls for a mere clerical task on the part
2. After the announcement of the results in a precinct, of the board. The remedy is purely administrative. (Tatlonghari
the authorization of the COMELEC is needed to make any vs. COMELEC,199 SCRA 199)
correction or alteration.
2. Quasi-Judicial- The Comelec exercises judgment or
a. If the petition is by all members of the BEI, the results discretion to determine whether any given return before it is
of the election will not be affected, and none of the candidate genuine in connection with the canvass of votes.
ii. If the votes omitted cannot be ascertained

PROCEDURE except by recounting the ballots, after ascertaining the integrity
1. The COMELEC has direct control and supervision of the ballot has not been violated, the COMELEC shall order
over the board of canvassers except congress. It may motu the BEI to count the votes for the candidate whose votes were
proprio relieve at any time and substitute any member of the omitted and to complete the return. Since the omission of the
board of canvassers. (section 227, BP 881) election return on the number of votes certain candidates
A municipal court has no jurisdiction to restrain received is not a discrepancy, a recount of the vote should be
the municipal board of canvasser. (Librados vs. ordered instead of excluding the election return in the
Casar,234 SCRA 13) canvassing. (Patoray vs. COMELEC,249 SCRA 490)
2. Manner of delivery of election Return c. Tampered or falsified return

a. The BEI shall personally deliver to the city or i. If the election return submitted to the board
municipal board of canvassers the copy of the election returns of canvassers was tampered with or falsified or prepared under
intended for them sealed in an envelop, signed and duress or by persons other than the BEI, the board shall use the
thumbmarked by the members of the BEI. other copies of the election return.
ii. If the other copies of the election returns
The fact that an election return was not were also tampered with or falsified or prepared under duress or
locked in the ballot box when it was delivered to the board of by persons other than the BEI, the COMELEC after ascertaining
canvassers is not ground for excluding it in the absence of proof that the integrity of the ballot box has not been violated,shall
that it was tampered with (Pimentel vs. Comelec,140 SCRA 126) order the BEI to recount the votes and prepare a new return.
b. The BEI shall personally deliver to the iii. If the certificate of canvass was tampered with, the
provincial and district board of canvassers the copy of the COMELEC may order that any of the copies of the election
election returns intended for them to the election registrar. returns be used in making a new canvass.(Mastura vs.
c. Watchers have the right to accompany the COMELEC,265 SCRA 493)
members of the BEI and the election registrar during the iv. Since an election return prepared without counting
delivery of the election returns to the board of canvassers. the ballots is a fabrication, it should not be counted and a count
(section 229, BP 881) of the ballot should be ordered.( Lucero vss. COMELEC,234
SCRA 280)
RIGHTS OF CANDIDATES
1. Every registered political party and candidate is d. Discrepancies in returns
entitled to one watcher in the canvassing center, but candidates If there are discrepancies in the other authentic copies
for the local legislative bodies belonging to the same party are of the return or in the words or figures in the same return and it
entitled collectively to one watcher. The fact that the watcher of will affect the result of the election, the COMELEC, after
a candidate was not present when the canvassing was resumed ascertaining that the integrity of the ballot box has not been
because he was notified is not a ground to annul the canvass. violated, shall order the recount of the ballots.
(Quilala vs. COMELEC,188 SCRA 902) If there is discrepancy between the tally and the
2. Any registered political party and candidate has the written figures in the election return, it should be excluded from
right to be present and to counsel the canvassing and a recount of the ballots should be made or
a. only one counsel may argue for each party of the certificate of votes cast in the precinct should be used.
candidate; no dilatory action shall be allowed (Patoray vs. COMELEC,249 SCRA 440)
PROCLAMATION
3. Problem areas 1. An incomplete canvass of votes is illegal cannot be a
a. Lost return basis of a valid proclamation (Samad vs. COMELEC,224
i. If any election return has been lost, upon SCRA631,Loong vs. COMELEC,257 SCRA 1) a canvass cannot
prior authority of the COMELEC, the board of be reflective of the true vote of the electorate unless all returns
canvassers may use authentic copy of it or a certified are considered and none is omitted (Caruncho III vs.
copy of it issued by the COMELEC(Section 233,BP COMELEC,315 SCRA 693)
881). It is not necessary that all the other copies shall 2. If the questioned election returns will not affect the
be considered. result of the election, a proclamation may be made upon the
ii. If an election return is missing a recount order to the COMELEC after notice and hearing.
should not be ordered if there is any authentic copy 3. A proclamation made where the contested returns set
available(Ong vs. COMELEC, 216 SCRA 866) aside will affect the result of the election and the board of
iii. If all copies of the Election returns were canvassers proceeded to proclaim without the authority from the
lost, a recount of the ballots should be made. COMELEC is null and void. (Sema vs. COMELEC,347 SCRA
iv. The certificate of votes signed by the BEI 633)
and tally board cannot be used for the canvass, 4. The mere filing of a petition for disqualification is not a
because only election returns are evidence of the ground to suspend the proclamation of the winning candidate-in
results of the election. (Garay vs COMELEC, 262 the absence of an order suspending proclamation, the winning
SCRA 222) candidate who is sought to be disqualified is entitled to be
proclaimed as a matter of law. (Bagatsing vs CCOMELEC,320
b. Omission in the return SCRA 817)
i. in case of an omission in the election 5. Filing of pre-proclamation controversy under 2448 of
return of the names of a candidate or his votes, the BP881 is not the only grounds for the suspension of
board of canvassers shall require the BEI to complete proclamation.
it.

6. The proclamation of a winning candidate cannot be

annulled if he has not been notified of the motion to set aside his B. JURISDICTION
proclamation. (Caruncho vs. COMELEC,315 SCRA 693) 1. Questions involving the legality of the
7. The fact that the candidate who obtained the highest composition or proceeding of the board of canvassers,
number of votes is later declared to be disqualified or except congress, may be raised initially in the board of
nor eligible for the office to which he was elected does canvassers or the COMELEC.(SEC 15 and 17, RA
not necessarily entitle the candidate who obtained the 7166)
second highest number of votes to be declared the 2. Questions involving the election returns and
winner of the elective office To allow the defeated certificate of canvass should be brought in the first
and repudiated to take over the mayoralty despite the instance before the board of canvassers only (Section
rejection by the electorate is to disenfranchise the 17, RA 7166)
electorate without any fault of their part and to
determine the importance and meaning of democracy C. SCOPE OF PRE-PROCLAMATION CONTROVERSY
and the peoples right to elect officials of their choice
Court a quo correctly held that the second placer lost ISSUES
the elections and was repudiated by either a majority 1. Provincial, city and municipal officials
or plurality of voters. (Loreto vs. Brion,311 SCRA 694)
a. The composition of the proceeding of the
TIE board of canvassers is illegal
1. A tie among two or more candidates for president or b. The returns are incomplete, contain material
vice president shall be broken by majority vote of both houses of defects, appear to be tampered with or
congress voting separately (Section 4. ART VII, PHIL CONTN) falsified or contain discrepancies in the
2. In the case of other positions, the ties shall be broken same returns or in other authentic copies;
by the drawing of lots. c. The returns were prepared under duress or
are obviously manufactured or not authentic;
FAILURE TO SSUME OFFICE d. Substitute or fraudulent returns were
If a candidate fails to take his oath of office within 6 canvassed, the result of which materially
months from his proclamation, unless for a cause beyond the affect the standing of the aggrieved
control of the elected official, his office will be considered candidate.
vacant. (section 12, BP 881)
XI PRE-PROCLAMATION CASES 2. President, vice president, senators, congressmen and

barangay officials
A. Dfinition;coverage No pre-proclamation case is allowed
Pre-proclamation controversy refers to regarding the preparation, transmission, receipt, custody and
any question pertaining to or affecting the proceedings appreciation of the election return or certificate of canvass.
of the board of canvassers which may be raised by (Chaves vs COMELEC,211 SCRA 315)
any candidate or by any registered political party or
coalition of political parties before the board or directly ERRORS IN THE CERTIFICATE OF CANVASS
with the Commission, or any matter raised under Correction of manifest errors has reference to errors in
sections 233,234,235 and 236 in relation to the the election returns, in the entries of the statement of votes by
preparation,transmission,receipt, custody and precinct/per municipality, or in the certificate of canvass a
appreciation of the election returns. ( Chu vs. manifest clerical error is one that is visible to the eye or obvious
COMELEC,319 SCRA 482) to the understanding, and is apparent from the papers to the eye
In pre-proclamation controversy, the board appraiser and the collector, and does not include an error which
of canvassers and the COMELEC are not to look may, by evidence dehors the record to be shown to have been
beyond or behind election returns which are on their committed. (Trinidad vs. COMELEC,320 SCRA 836)
face regular and authentic returns.(CHU,supra)
A pre-proclamation controversy is limited to 1. While the first sentence of section 15 of RA 7166
an examination of the election returns on their face- prohibits candidates in the presidential, Vice presidential,
The COMELEC as a general rule need not go beyond senatorial and congressional elections from filing pre-
the face of the returns and investigate alleged election proclamation case, the second sentence allows the filing of
irregularities. petitions for correction of manifest errors in the certificate of
To require the COMELEC to examine the canvass or election returns even in elections for president, vice-
circumstances surrounding the preparation of the president, senators and members of the House of
returns would run counter to the rule that a pre- Representatives for the simple reason that the correction of
proclamation controversy should be summarily manifest error will not prolong the process of canvassing nor
decided. delay the proclamation of the winner in the election. (Sandoval
Where the resolution of the issues raised vs. COMELEC,323 SCRA 403)
would require the COMELEC to pierce the veil of
election returns that appear prima facie regular, the 2. The canvassing body may motu proprio or upon
remedy is a regular election protest. petition of an interested party correct manifest errors in the
The office of pre-proclamation controversy is certificate of canvass or election return. (Sec 15, RA7166)
limited to incomplete, falsified or materially defective i. A copy of an election return or certificate of
returns which appear as such on the face. (Sebastian canvass was tabulated more than once.
VS COMELEC, 327 SCRA 406)
ii. Two or more copies of the same election 1.Issues involving the casting or the counting of the ballots are
return or certificate of canvass were tabulated separately. not proper in pre- proclamation cases.
iii. There was a mistake in copying the figures into the
statement of votes or certificate of canvass. i. The use of illegal election propaganda, vote-
Errors in addition in the certificate of canvass may be buying and terrorism of the voters are not proper
corrected. (Ong vs COMELEC,221 SCRA 75) issues in a pre-proclamation case. (Villegas vs.
iv. Returns from non-existent precincts were included COMELEC, 99 SCRA 5892)
in the canvass ii. Questions on the appreciation of the ballots can
The statement of votes cannot be corrected not be raised in pre-proclamation case. (Alfonso
on the basis of a certification given to a watcher, since election vs.COMELEC, 232 SCRA 777)Thus, the claim
returns are what are supposed to be the basis of the canvass. that a candidate was not credited with votes cast
(Ramirez vs. COMELEC,270 SCRA 390) for him because his name was similar to that of
another disqualified candidate cannot be raised
in a pre-proclamation case.(Chavez vs.
STATISTICAL IMPROBABILITIES COMELEC, 211 SCRA 315)
An election return which is statistically improbable is Likewise, the
obviously fabricated and should not be counted. claim that some ballots were
i. Where the votes cast in 50 precincts for the spurious, marked or invalid cannot
candidates for senators of one party equalled the number of be raised in a pre- proclamation
registered voters, all the candidates for senators of that party case. (pataray vs. COMELEC,274
received the same number of votes, and all the candidates for SCRA 470)
senators of the opposing party got no votes, the election returns iii. Terrorism of voters,
are statistically improbable and are obviously fabricated. voting by flying voters, deprivation
(Lagumbay vs. Climaco, 16 SCRA 175) of the right to vote of registered
ii. Where only one candidate of a party got all voters and vote buying cannot be
the votes in some precincts and his raised in a pre-proclamation case
opponent got zero, the other candidates for (Allarde vs. COMELEC,159 SCRA
the other party for other positions received 623)
votes, the number of votes cast were less iv. Vote buying and secrecy
than the number of registered voters, the in the preparation of ballots are
election returns are not statistically not proper grounds for pre-
improbable. (Sangki vs COMELEC, 21 proclamation case (Salazar vs.
SCRA 1391)sss COMELEC,184 SCRA 433)
iii. The mere fact that a candidate receive v. The claim that the voters
overwhelming majorities over another were allowed to vote without
candidate in numerous precinct does not verifying their identities, that there
make the election return statistically were discrepancies between the
improbable. (Ilarde vs. 31 SCRA71) signatures in the voter\s affidavits
iv. The mere fact that the percentage of turnout and the voting record, and third
of voters was high and that a candidate persons falsely voted for voters
received high percentage of the votes does who did not vote are not proper
not make the election returns statistically issues in a pre-proclamation case
improbable.(Doruelo vs. COMELEC ,133 (Dipatuan vs. COMELEC,185
SCRA 376) SCRA 86)
v. The bare fact that candidate for public office vi. Technical examination of
had received zero vote is not enough to the signatures and thumbprints of
make returns statistically improbable the voters to prove substitute
(Ocampo vs.COKELRC,325SCRA 636) voting is not allowed in a pre-
v. Standing alone without more, the bare fact proclamation case. (Balindong vs.
that a candidate for public office had receive COMELLEC,260 SCRA 294)
zero votes in one or two precincts can not vii. The padding of the list of
adequately support a finding that the subject voters cannot be raised in a pre-
election returns are statistically improbable- proclamation case, since it does
the doctrine of statistical improbability must not involve the election return.
be viewed restrictively, the utmost care (Ututahan vs. COOOMELEC,189
being taken lest in penalizing the fraudulent SCRA 335)
and corrupt practices, innocent voters viii. The fact that the voting
become disenfranchisedThe doctrine of was sham or minimal is not a
statistical improbability involves a question ground for filing a pre-
of fact and more prudential approach proclamation case, since this is
prohibits its determination ex parte.(Velayo properly cognizable in an election
vs. COMELEC,327 SCRA713) protest.(Salih vs. COMELEC,279
SCRA 19)
ix To look beyond or
ISSUES NOT RESOLVABLE N PRE-PROCLAMATION behind election returns is not a
CONTROVERSY proper issue in pre-proclamation

controversy (Ocampo vs. of the official records that the

COMELEC, 325 SCRA 636) COMELEC can decide the pre-
x The fact that the proclamation controversy in a
counting of the votes was not summary manner. (Velayo vs.
completed because of the COMELEC,327 SCRA 713)
explosion of grenade and that no 3. All pre-proclamation
election was held cannot be raised controversies on election returns
in a pre-proclamation case, as or certificates of canvass shall be
these are irregularities that do not disposed of summarily-first by the
appear on the face of the election record of canvassers and then. By
returns. (Matalam vs. the COMELEC. (Chu vs.
COMELEC,271 SCRA 733) COMELEC, 319 SCRA 482)
2. Administrative lapses A. Procedure in contested composition or proceeding of

which do not affect the authenticity the Board of Canvassers
of an election return cannot serve
as basis for annulling the election The illegality of the composition of the board of
return. canvassers cannot be questioned after the
i. The failure to close the proclamation of the winner, since it must be raised
entries in the election returns with immediately. (Laodenio vs. COMELEC,276 SCRA
the signature of the BEI, lack of 705)
seals, absence of time and date of The ruling of the board of canvassers on
receipt of election return by the question affecting its composition or proceeding may
board of canvassers, lack of be appealed to the COOMELEC in 3 days.(Section 19
signature of watchers of the RA 7166)
petitioner, and the lack of authority
of the person who received the B. Procedure in case of contested returns
election returns do not affect the 1. Objections to an election return shall be
authenticity of the returns. submitted orally to the chairman of the board of
(Baterina vs. COMELEC,205 canvassers at the time the return is presented for
SCRA 1) inclusion in the canvass and shall be entered in the
ii. The absence of the form for written objection(Sec 20 (a) and (c),RA 7166)
signature of the claimant of the a. An objection made after the
BEI on the voters affidavits, list of canvass is late.(Guiao vs /comelec,137 SCRA
voters and voting records, 356,Navarro vs COMELEC,228 SCRA 596)
absence or excess of detachable b. a petition for correction of the
coupons, discrepancies between statement of votes may be filed after the proclamation
the member of detachable of the winner, although no objection was made during
coupons and the number of the canvass, as error was discovered only after the
ballots, missing voters lists are petitioner got a copy of the statement of votes.
mere administrative omissions and (Duremdes vs. COMELEC,178 SCRA 746). It must be
cannot be used as basis to annul filed not later than 5 days after the proclamation.
an election return. (Arroyo vs. (Section 5(b), Rule 27 of COMELEC rules of
HRET, 246 SCRA 384) procedure)
However, the five-day deadline is
3. Where the threats of the not applicable to a petition for the annulment of
followers of a candidate did not proclamation of a candidate when it was his opponent
affect the genuineness of an who obtained the majority for what was corrected was
election return, it should not be not the entries but the computation of the votes.
excluded (Salvacion vs. (Mentang vs. COMELEC,229 SCRA 666)
COMELEC,170 SCRA 513) Under the COMELEC Rules of
procedure, a petition for correction of the certificate of
SUMMARY DISPOSITION OF canvass may be filed even before the proclamation of
PRE-PROCLAMATION the winner. (Bince vs. Comelec,242 SCRA273)
CONTROVERSY A petition for correction of
1. Summary proceedings manifest errors in the statement of votes can be
cannot be stretched to mean ex decided by the COMELEC en banc at the first
parte proceeding- summary simply instance, since it does not involve an election protest
means with dispatch, with the or a pre-proclamation case (Ramirez vs.
least possible delay, signifying that COMELEC,270 SCRA 590)
the power may be exercised The COMELEC has the power to
without trial in the ordinary manner order the correction of the statement of votes to make
prescribed by law for regular it conform to the election returns. (Castromayor vs.
judicial proceedings.(Velayo COMELEC,250 SCRA 298)
vs.Comelec,372 SCRA 713)
2. RA 7166 explicitly 2. The canvass of any contested return shall
provides that it is only on the basis be deferred and the board of canvasser shall proceed
to canvass the uncontested return (Section 20(b),RA was erroneous. (Mentang vs.
7166) COMELEC,229 SCRA 669)
3. Within 24 hours, the objecting party shall
submit evidence in support of the objections. All pre-proclamation cases
4. Within 24 hours after presentation of the pending before the COMELEC
objection, a party may file a written opposition and shall be terminated at the
attach the supporting evidence.(Section 20c, RA beginning of the term of the office
7166) (noon of June 30) involved, and
5. The board of canvassers shall summarily the rulings of the board of
rule in the contested returns (Section 20(d),RA 7166) canvassers shall be deemed
6. A party who intends to appeal should affirmed, without prejudice to the
immediately inform the board of canvassers. Within 24 filing of an election protest by the
hours he must file a written and verified notice of aggrieved party. (Penaflorida vs.
appeal with the board of canvassers and take his COMELEC,282 SCRA 241 And
appeal to the COMELEC within 5 days. (section Barroso vs Ampig,328 SCRA 530)
20(f),RA 7166)
The pre-proclamation case should
a. Appellate jurisdiction no longer be decided if exclusion
of the questioned election return
The RTC has no jurisdiction to review the decision of will not change the result of the
the municipal board of canvassers to correct a election. (Matalam vss.
certificate of canvass.(Cabanero vs CA) COMELEC,271 SCRA 733)
The RTC has no jurisdiction to compel themunicipal EFFECT OF FILING AN

board of canvassers, which suspended the ELECTION PROTEST,QUO
proclamation because of a possible discrepancy in the WARRANTO
election return, to make a proclamation. (In re
COMELEC Resolution no.2521,234 SCRA 1) 1. As a general rule, the
filing of an election protest or a
b. Period of appeal petition for quo warranto precludes
the subsequent filing of a pre-
Since the proclamation of a candidate who finished proclamation controversy, or
second made after the candidate who got the highest amounts to the abandonment of
number of votes was killed is patently void, a late one earlier filed. (Maruhom vs.
appeal should be allowed. (Benito vs. COMELEC,331 SCRA 473)
CCOMELLEC,235 SCRAS 436) 2. The filing of an election
protest results in abandonment of
The COMELEC cannot by regulation shorten the a pre-proclamation case even if
period to question its decision before the SC for under the protest alleged it was filed as a
the Constitution the period of 30 days can be precautionary measure, if he did
shortened by law only.(Sardea vs. COMELLEC,225 not explain why.(Laodenio vs.
SCRA 374) COMELEC,276 SCRA 405)
3. The rule that the filing of
7. The COMELEC shall decide the appeal within 7 days a protest implies abandonment of
from receipt of the records, and the decision shall be the pre-proclamation case does
executory after 7 days from receipt by the losing party. not apply if:
(Sections 18 and 20(f), RA 7166) i. The protest
was filed as a precautionary
TERMINATION OF PRE- measure (mitmug vs.
PROCLAMATION CASE COMELEC,230 SCRA 54)
ii. The board of canvassers was improperly
Once a proclamation has been constituted, as when the Municipal Treasurer took over the
made, the pre-proclamation case canvassing without having been designated. (Saman vs.
is no longer viable and should be COMELEC,224 SCRA 631)
dismissed (Sardea vs.
COMELEC). However this rule
presupposes the proclamation is CONTINUANCE OF THE CASE
valid. It does not apply if the
proclamation is void, because it If the petition appears meritorious on the basis of the evidence
was based on incomplete returns. presented so far, the COMELEC or the SC may order the case
(Matalam vs. COMELEC 271 to continue. (Section 16, RA 7166)
SCRA 733). The same holds true
if the returns were manufactured.
(Agbayani vs. COMELEC,186 PROCLAMATION
SCRA 464). The same hols true
where the computation of votes

1. The Board of Canvassers shall not make any 2. Senate Electoral tribunal Senators
proclamation without any authorization from the COMELEC ( Sec 17, Art VI, PC)
(Jamil vs COMELEC,283 SCRA 349)
3. House of Representatives Electoral Tribunal-
2. Proclamation may be made if the contested returns Congressmen ( Sec 17, Art VI, PC; Sampayan
will not adversely affect the results of the elections. (Section 20 vs. Daza, 213 SCRA 807)
(i), RA 7166)
4. Commission on Elections
3. The COMELEC may order the proclamation of other
winning candidates whose election will not be affected by the a. Regional Officials
pre-proclamation case. (Section 21, RA 7166) b. Provincial Officials
c. City Officials ( Sec 2(2). Art IX-C, PC; Sec 249
4. A candidate for mayor who finished second cannot be BP 881)
proclaimed simply because the candidate who received the
highest number of votes died, since he was not the choice of the 6. Regional Trial Court- Municipal Officials ( Sec
people. (Benito vs. COMELEC, 23335 SCRA 436) 2(2), Art IX-C, PC; Sec 251, BP 881,
Papandayan vs. COMELEC , 230 SCRA 469)
5. The wreath of victory cannot be transferred from the 7. Metropolitan Trial Court, Municipal Circuit Trial
disqualified winner to the repudiated loser because the law then Court, and Municipal
as now only authorizes a declaration of election in favor of the Trial Court Barangay Officials [ Sec 2(2), Art IX-
person who has obtained a plurality of votes to be declared C, PC; Sec 252 BP 881; Regatcho vs. Cleto, 126
elected. (Sunga vs. COMELEC,288 SCRA 76) SCRA 342] Metropolitan Trial Court, Municipal
Circuit Trial Court, Municipal Trial Court
Sangguniang Kabataan ( Sec 1, RA 7166)
ANNULMENT OF PROCLAMATION
B. Action which may be filed
1. The COMELEC can annul a proclamation because of 1. Election Protest
an error in the computation of the votes in the statement of Requisites:
votes since the proclamation is void.(Torres vs. COMELEC,270 i. Must be filed by any candidate
SCRA 583) who has filed a certificate of
candidacy and has been voted
2. Where the COMELEC, without prior notice and upon for the same office.
hearing, annulled the proclamation of a winning party and ii. On ground of fraud, terrorism,
directed the Municipal Board of Canvassers to reconvene and irregularities or illegal acts
effect corrections in the total number of votes received by the committed before, during or after
candidates and thereafter proclaim the winner, the expedient the casting and counting of votes
action to take is to direct the Municipal Board of Canvassers to iii. Within 10 days from the
reconvene and. after notice and hearing in accordance with rule proclamation of the results of the
27, section 7 of the COMELEC Rules of Procedure, to effect the election.
necessary correction, if any, in the election returns and, on the 3. Quo Warranto
basis thereof, proclaim the winning candidate or candidates as Requisites:
members of the Sangguniang Bayan( Angelia vs. i. Filed by any registered voter in the
COMELEC,332 SCRA 757) constituency
ii. On grounds of ineligibility or
3. It is improper for the COMELEC to annul the disloyalty to the Republic of the
proclamation of a winning candidate on the basis of new and Philippines
additional evidence which were not presented before the Board iii. Within 10 days from the
of Canvasssers and which were not furnished to the said proclamation of the results of the
candidate Reliance should not be placed on mere affidavits election
for the purpose of annulling a winning candidates proclamation.
(Velayo vs. COMELEC, 327 SCRA 713) C Procedure
1. Period of filing contest
4. A proclamation subsequently declared void is no a. Periods
proclamation at all and while a proclaimed candidate may i. President and Vice-President
assume office on the strength of the proclamation of the Board 1) Protest- 30 days ( Rule
of Canvassers he is only a presumptive winner who assumes 14, Rules of Presidential Electoral
office subject to the final outcome of the election protest. Tribunal)
(Lonzanida vs. COMELEC, 311 SRA 602) 2) Quo Warranto- 10 days
( Rule 15, Rules of
ELECTION CONTESTS Presidential
Electoral Tribunal)
A. Jurisdiction ii. Senators
1) Protest 15 days ( Rule
1. Supreme Court( Presidential Electoral Tribunal) 14, Revised Rules of
Senate Electoral
a. President Tribunal)
b. Vice-President ( Sec. 4, Art VII, Phil. Const)
2) Quo Warranto 10 days i. protest- Candidate with second or

( Rule 15, Revised third highest number of votes ( Rule
Rules of Senate 14, Rules of Presidential Electoral
Electoral Tribunal) Tribunal)
iii. Congressmen- 10 days ( Rule 16 ii. Quo Warranto- any voter ( Rule 15,
and 17.1998 Rules of House of Rules of Presidential Electoral
Representatives Electoral Tribunal)
Tribunal) b. Senator
iv. Regional, provincial and city
officials-10 days ( Sec 250 and i. Protest- any
253, BP 881; Republic vs. Dela candidate ( Rule 14, Revised
Rosa, 232 SCRA 78) Rules of Senate Electoral
v. Municipal Officials- 10 days Tribunal)
( Secs 251 and 253, BP 881) ii. Quo
vi. Barangay Officials 10 days Warranto- any voter ( Rule 15,
( Sec 252 and 253, BP 881) 1998 Rules of Senate Electoral
vii. Sangguniang Kabataan- 10 days ( Tribunal)
Sec 1, RA 7808) c. Congressmen
b. Exceptions i. Protest-
i. The period to file an election any candidate
protest or quo warranto case is ii. Quo
suspended from the filing of a pre- Warranto- Any voter ( Rule 17,
proclamation case until receipt of 1998 Rules of House of
the order dismissing the case. Representatives Electoral
( Sec 248, BP 881; Gatchalian vs Tribunal)
CA , SCRA 208) d. Regional, provincial, City
ii. If the dismissal was elevated to Officials
the Supreme Court , the period i. Protest-
does not run until receipt of the any candidate ( Sec 250, BP 881)
dismissal by the Supreme Court, ii. Quo
because review by the Supreme Warranto- any voter ( Sec 253, BP
Court is part of the proceeding. 881)
( Gallardo vs Rimando, 187 SCRA e. Municipal Officials
463) i. Protest-
iii. The running of the reglementary any candidate- ( Sec 251 , BP
period to file an election protest is 881)
tolled by a partys elevation to the ii. Quo
Supreme Court of a Warranto- any voter ( Sec 253, BP
COMELEC decision resolution of 881)
proclamation case. ( Roquero vs f. Barangay Officials
COMELEC , 289 SCRA 120) i. Protest-
iv. The period to file an election any candidate- ( Sec 252, BP 881)
protest is suspended by the filing ii. Quo
of the petition to annul the Warranto- any voter ( Sec 253, Bp
proclamation of the winner 881)
( Manahan vs Bernardo, 283
SCRA 505) 4. Payment of Docket Fee
v. Since the filing of a pre- When the protestant
proclamation case merely included a claim for attorneys fees
suspends the running of the period in his protest and paid the docket
to file an election protest, only the fee for his claim for attorneys fees
balance of the period is in case of but did not pay the basic docket
dismissal. ( Roquero vs fee for the election protest , the
COMELEC , 289 SCRA 150) election protest should be
vi. Where the evidence of the lack of dismissed. ( Gatchalian vs CA,
Filipino citizenship of a provincial 245 SCRA 208)
official was discovered only 18 5. Allegations in Protest
months after his proclamation, the a. An election protest should
quo warranto case should be contain the following jurisdictional
allowed even if it filed more than allegations:
10 days after his proclamation. i. The
( Frivaldo vs COMELEC , 174 protestant is a candidate who duly
SCRA 245) filed a certificate of candidacy and
was voted for in the election
2 .Protestant or Petitioner ii. The
a. President and Vice- protestee has been proclaimed
President elected
iii. The date petitions or complaints involving

of proclamation ( Miro vs the same issues in two or more
COMELEC, 121 SCRA 466) tribunal or agencies. ( Domingo vs
COMELEC, 313 SCRA 311)
An election protest which does not c. The requirement that every
specify the precinct where the initial pleading should contain
alleged irregularities occurred is certification of absence of forum
fatally defective . (Pena vs HRET , shopping applies to election
270 SCRA 340) cases for Circular No. 04-94 does
b. Substantial compliance is not distinguish ( Loyola vs CA 245
sufficient . Thus the following SCRA 477, Tamarong vs
allegations sufficiently comply with Lubguban, 269 SCRA 624)
the first requirement. d. SC Adm. Circular No 04-
i. The 94 requiring a certification of non-
protestant received a certain forum shopping is applicable to
number of votes ( Anis vs election cases as it is mandatory .
Contreras, 55 Phil 929) It is, however not jurisdictional..
ii. The The filing of a certification of
protestant finished second in the absence of forum shopping after
election ( Ali vs CFI of Lanao, 80 the filing of the protest but within
Phil 506) the period for filing a protest is
iii. The substantial compliance.
protestant was a candidate voted ( Tumarong, supra)
for in the election with a valid e. The strict application of the
certificate of candidacy for mayor non-forum shopping rule in
( Pamania vs Pilapil, 81 Phil 212) election contests would not work
iv. The to the best interest of the parties
protestant was one of the and the electorate . An election
registered candidates voted for contest, unlike an ordinary civil
and he received a certain number action , is clothed with public
of votes ( Jalandoni vs Sarcon, 94 interest--- it involves not only the
Phil 266) adjudication of private and
v. The pecuniary interest of rival
protestant was the official candidates but paramount to their
candidate of a [particular political claims is the deep public concern
party and received a certain involved and the need of dispelling
number of votes ( Maquinay vs the uncertainty over the real
Bleza, 100 SCRA 702) choice of the electorate.
vi. The ( Barroso vs Ampig Jr, 328 SCRA
protestant was a candidate for 530)
governor and was voted for. 7. Joinder of Election Protest and
( Macias vs COMELEC, 182 Quo Warranto Cases
SCRA 137) a. An election protest and
c. Even if the protest did not quo warranto case cannot be filed
allege the date of the jointly in the same proceeding.
proclamation, it can be determined However, they can be filed
from the records of the case that it separately. ( Luisaon vs Garcia ,
was filed on time, as when the GR No L-10916, May 10, 1957)
protest was filed on the tenth from b. If they were joined in an
the date the casting of votes was action , they should be ordered
held, the protest should not be separated. ( Pacal vs Ramos, 81
dismissed. (Miro vs COMELEC, Phil 20)
121 SCRA 466)
6. Verification/Certificate of Absence 8. Composition of Board of
of Forum Shopping Canvassers
a. When the petioner failed The illegality of the composition of
to state in his verification that the the board of canvassers cannot be
contents of the election protest raised in a quo warranto case, as
are true and correct of his own only the ineligibility or disloyalty of
personal knowledge , said petition the winner can be raised in such
lacks proper verification and case ( Samad
should be treated an unsigned vs COMELEC, 224 SCRA 631)
pleading and must be dismissed. (
Soller vs COMELEC, 339 SCRA 9. Change Theory
685) Substantial Amendments to the
b. Forum Shopping exists election protest cannot be made
when the petitioner files multiple after the expiration of the period
for filing an election protest. vs Maramba, GR No 13206,

( Arroyo vs HRET, 224 SCRA 384) January 7, 1918)
b. If the protestee died, he should be
substituted by his successor
10. Preliminary Motions such as the vice-mayor ( Dela
A motion to dismiss and a motion Victoria vs COMELEC, 199 SCRA
for a bill of particulars may be 561) He cannot be substituted by
filed in an election protest pending his heirs, since public office
before the regular courts , since cannot be inherited. ( Abeja vs
the COMELEC Rules of Tanada, 236 SCRA 60)
Procedure are not applicable to c. If it is the protestant who died, he
the regular courts because of the should be substituted by the public
exclusive rule-making power of the official who would have succeeded
Supreme Court. ( Aruelo vs CA, him, such as the vice-mayor. ( De
227 SCRA 311) Castro vs COMELEC 267 SCRA
10. Answer 806)
An
answer file out of time cannot be 14. Abandonment
admitted ( Kho vs A defeated candidate for president who filed
COMELEC 279 SCRA an election protest and ran for senator
463) should be deemed to have abandoned the
protest ( Santiago vs Ramos, 253 SCRA
Where the answer of 559)
the protestee was filed out of time 15. Summary Judgment
and a An election protest cannot be decided
general denial was summarly, as summary judgment applies
entered in favor of the protestee, only to ordinary civil action for recovery of
the rule in money MELEC 199 SCRA 449)
civil cases that general 16. Opening of Ballots
denials operates as a n admission When an election protest is filed. The ballot
is not boxes should be opened without requiring
applicable ( Loyola vs proof of irregularities, and misappreciation of
HRET, 229 SCRA 90) ballots ( Manahan vs Bernardo, 283
SCRA 505)
A counter protest cannot
be allowed if the answer was filed The revision of ballots in an election protest
out of filed with COMELEC should be held in
time ( Lim vs Manila ( Cabagnot vs COMELEC, 260
COMELEC, 282 SCRA 53) SCRA 503)
11. Cash Deposit 17. Deferment of Counter Protest

A protestee who filed a A protestee cannot ask that before making
counterclaim for attorneys fees the revision of the ballots involved in his
cannot be required to file a cash counter-protest, the court first determine that
deposit since a cash deposit is the protestant would win on the basis of the
required only for a counter-protest revisions of the ballots involved in the
( Roa vs Inting, 231 SCRA 57) protest (Abeja vs Tanada, 236 SCRA 60)
12. Injunction 18. Certiorari

A protestee cannot be enjoined Under Sec 50 of BP 697, the COMELEC
from assuming office because of has jurisdiction over petitions for certiorari,
the pendency of an election prohibition and mandamus involving election
protest. Until the case is decided cases pending before the courts whose
against him, he has the right to decisions are appealabe to it ( Relampagos
assume office. ( Careno vs vs CUmba, 243 SCRA 690;Edding vs
Dictado, 160 SCRA 759) COMELEC 246 SCRA 502)
13. Substitution Where a petition for certiorari merely

a. Even if the protestee has resigned questioned the denial of the motion of the
, the protest should continue , as protestee for extension of the time to
a favorable judgement will be answer, the COMELEC cannot affirm the
entitled the protestant to assume decision of the merits in the election
the office ( Delos Angeles vs protest. ( Acosta vs COMELEC, 293 SCRA
Rodriguez, 46 Phil 599) The same 578)
holds true if the protestee
accepted another position ( Calvo 19. Evidence

The genuineness of the handwriting in the mean that the execution of judgment pending appeal is no
ballots can be determined without calling longer available in election cases.
handwriting experts. ( Erni vs COMELEC,
243 SCRA 578) The Supreme Court has explicitly recognized and
given approval to execution of j judgment pending
Unless the original documents or certified appeal in election cases filed under existing laws.. The
true copies of them cannot be produced or rationale why execution pending appeal is allowed in
photo-copies cannot be used as evidence election cases is to give much recognition to the worth of a
( Arroyo vs HRET, 246 SCRA 384) trial judges decision as that which is initially ascribed by
the law to the proclamation by the board of canvassers.
Ballots cannot be excluded on the ground
that they were written by any person or were Governed by Sec 2 , Rule 39 of the 1997 Rules of
marked on the basis of mere photo-copies, Civil procedure. Execution pending appeal should be based
as they are not the best evidence upon good reasons and a combination of two or more of them
( Nazareno vs COMELEC 279 SCRA 89) will suffice to grant execution pending appeal:
20. Demurrer i. Public interest involved or will of

A motion to dismiss for insufficiency of the the electorate
evidence of the protestant has rested is a ii. The shortness of the remaining
demurrer to the evidence. If it was granted portion of the term of the contested
but reversed on appeal , the protestee is office
deemed to have the right to present iii. Length of time that the election
evidence ( Enojas vs COMELEC, 283 SCRA contest has been pending ( Ferno
229) vs COMELEC 328 SCRA 52)
iv. Filing of bond as a condition for
21. Decision the issuance of a corresponding
writ of execution to answer for the payment of
a. authentic election return cannot be damages which the aggrieved
annulled because the ballots were party may suffer by reason of the execution pending
lost or destroyed ( Arroyo vs HRET 246 SCRA 384) appeal ( Ramas vs COMELEC
b. If the winner is ineligible, the 286 SCRA 189)
candidate who got the highest
number of votes cannot be proclaimed elected as he Execution pending appeal cannot be ordered on
did not get the majority or the basis of gratuitous allegations that public
plurality of the votes ( Sunga vs COMELEC, interest is involved and that the appeal is dilatory.
288 SCRA 76) ( Camlian vs COMELEC 271 , 271 SCRA 757)
c. Actual damages may be awarded A motion for execution pending appeal filed after the
in accordance with the law expiration of the period of appeal can no longer be granted
( Sec 259, BP 881) ( Relampagos vs Cumba 243 SCRA 690)
The loser cannot be ordered to 23. Motion for Reconsideration

reimburse the winner for the
expenses incurred in the election protest for no law a. One motion for reconsideration is allowed in
provides for it ( Atienza vs the contest involving the following :
COMELEC 239 SCRA 298) i. President- 10 days
d. The mere fact that the decision in ii. Vice-President- 10 days ( Rule
favor of the protestant was 65, Rules of Presidential Electoral
reversed on appeal is not sufficient basis for the ruling Tribunal
that the protestant should be iii. Senator- 10 days ( Rule 64, Rules
awarded attorneys fees because the protest of Senate Electoral Tribunal)
was filed for harassment iv. Congressmen- 10 days ( Rule 74,
1998 Rules of HRET)
( Malaluan vs COMELEC 254 SCRA 397) v. Regional, Provincial and City
e. Under Sec 264, par 1 of BP 881, Officials 5 days ( Sec 2, Rule 19
as amended , the award of COMELEC Rules of Procedure)
damages is no among the imposable penalties for the b. No motion for reconsideration is allowed in
commission of any of the election contests involving the
election offenses thereunder by any individual following:
( Regalado vs CA 325 SCRA 516)
i. Municipal officials ( Sec 256, BP
22. Execution of Judgment Pending Appeal 881; Veloria vs COMELEC , 211
BP 881 and other election laws do not specifically SCRA 907)
provide for the execution pending However this rule should not be
appeal for judgment in election cases, unlike the Election Code applied to the dismissal of an
of 1971. The failure of the extant election laws to election protest for failure of the counsel of the
reproduce Sec 218 of the Election Code of 1971 does not protestant to appear at the pre-trial,
since the pre-trial is not applicable to the election COMELEC , the appeal should not be dismissed, since the
protest. ( Pangilinan vs De Ocampo, 232 determination of the will of the
SCRA ) people should not be thwarted of
ii. Barangay Officials ( Sec 19, Rule technicalities ( Pahilan vs Tabalba, 230 SCRA 205)
37 and Sec 12, Rule 38
COMELEC Rules of Procedure) c. Failure to Pay Appellate Docket Fee
iii. Sangguniang Kabataan ( Sec 19,
Rule 37 and Sec 12 Rule 38, i. An appeal may be dismissed for
COMELEC Rules of Procedure) failure of the appellant to pay the
appellate docket fee ( Reyes vs RTC of Oriental
c. Since only decisions of the COMELEC en Mindoro, 244 SCRA 41)
banc may be elevated to the Supreme ii. An appeal may be dismissed if the
Court , a party who did not file for a motion for reconsideration full appellate docket fee was not
of a decision of a division of the paid , as payment of the full amount is indispensable for
COMELEC cannot elevate the case to the perfection of the appeal ( Rodillas
Supreme Court ( Reyes vs RTC of Oriental Mindoro, vs COMELEC, 245 SCRA 702)
244 SCRA 41)
d. Scope of Authority
d. A resolution of the COMELEC en banc is not
subject to reconsideration, therefore any Errors committed by the trial court may be
party who disagrees with it is to file a considered even if they were not assigned
petition for certiorariunder Rule 65 of the as errors ( Arao vs COMELEC 210 SCRA 290)
Rules of Civil procedure a motion for
reconsideration of an en banc ruling, XIII. CRIMINAL OFFENSES
resolution, order, or decision except in
election offense cases is a prohibited A,. Criminal and Electorate Aspects of An Election
pleading under the COMELEC Rules of Offense
Procedure. For a party to wait until the
COMELEC en banc denies his motion for An election offense has criminal as well as electoral
reconsideration would be to allow the aspects ( Sunga vs COMELEC 288 SCRA 76)
reglementary period for filing a petition for
certiorari with the SC to run and expire. 1. Its criminal aspect involves the
( Angela vs COMELEC , 322 SCRA 757) ascertainment of the guilt or innocence of
the accused candidate like in any other criminal case,
it usually entails a full-blown hearing and
24. Review the quantum of proof required to secure a
a. Jurisdiction conviction beyond reasonable doubt .
i. Senator- Supreme Court within 60 2. Its electoral aspect is a determination of
days ( Sec 4, Rule 65 Rules of whether the offender should be
Court) qualified from office. This is done through
ii. Congressmen- Supreme Court administrative proceeding
within 60 days ( Lerias vs HRET; which is summary in character and requires
Sec 4, Rule 65 Rules of Court) only a clear preponderance of
iii. Regional, provincial, and City evidence.
officials Supreme Court within 30
days ( Sec 7, Art IX-A Phil Const) B. Jurisdiction to try the case
iv. Municipal Officials The expanded jurisdiction of the Municipal Trail Court
1) COMELEC within 5 days ( RA 7691) does not include criminal cases involving election
( Sec 22 RA 7166; Sec 3 Rule 22 offenses, because by special provision of Sec 268 of BP 881
of COMELEC Rules of Procedure, Lindo vs they fall within the jurisdiction of the Regional Trial Court
COMELEC, 194 ( COMELEC vs Noynay 292 SCRA 354)
SCRA 25)
2) Supreme Court- within Under Sec 268 of BP 881, regional trial courts have
30 days ( Rivera vs COMELEC 199 exclusive jurisdiction to try and decide any criminal action or
SCRA 178) proceeding for violation of the Code including those penalized
v. Barangay Officials by imprisonment not exceeding 6 years, but except those
1) COMELEC within 5 days relating to the offense of failure to vote ( Juan vs People 322
( Sec 2(2) ,Art IX-C, Phil Const; SCRA 125)
Sec 3, Rule 22 COMELEC Rules of
Procedure; calucag vs C. Offenses
COMELEC 274 SCRA 405) 1. Vote-buying
2) Supreme Court within 30 a. The fact that at least one voter in
days ( Flores vs COMELEC 184 at least 20% of the precincts in a municipality , city or province
SCRA 484) was offered money by the relatives, leaders or sympathizers of a
b. Form candidate to promote his election shall create a presumption of
Where the appellant filed an appeal brief conspiracy to bribe voters.
instead of a notice of appeal to the
b. The fact that at least 20% of the credit the correct votes or deduct such tampered votes.
precincts of the municipality, city or province to which the office (Pimentel vs. COMELEC,289 SCRA 586)
aspired for by the candidate is affected by the offer creates the
presumption that the candidate and his campaign managers are D. Prosecution
involved in the conspiracy.
c. Any person who is guilty and 1. Section 2(6),Art IX-C File, upon a verified complaint,
willingly testifies shall be exempt from prosecution ( Sec 28, RA or on its own initiative, petitions in court for inclusion or
6646) exclusion of voters; investigate and, where appropriate,
prosecute cases of violations of election laws, including acts or
d. The traditional gift-giving by the omissions constituting election frauds, offenses, and
municipality during Christmas which was done to induce voters malpractices.
for the mayor does not constitute vote-buying ( Lozano vs
Martinez, 285 SCRA 256) The COMELEC has exclusive jurisdiction to conduct
preliminary investigation of and prosecute election offenses
2. Appointment of New Employees (Naldaza vs. Lavilles,254 SCRA 286)
The prohibition against appointment of a
government employee within 45 days before regular election 2. This holds true even if the offense is committed by a
refers to positions covered by the civil service and does not public officer in relation to his office.(Corpuz vs.
apply to the replacement of a councilor who died ( Ong vd Tanodbayan, 149 SCRA 2281)
Martinez, 188 SCRA 830)
3. Whatever initiated motu propio or filed with the
3. Unauthorized Entry into Polling Place COMELEC by any other party, the complaint shall be referred to
Mere presence of unauthorized person the COMELEC Law Department for investigation.. The
inside a polling place is an offense ( COMELEC vs Romillo, 158 COMELEC Chairman, in his personal capacity may file directly
SCRA 716) with the COMELEC Law Department pursuant to Section 4,
4. Transfers of Government Employees Rule 34 of the COMELEC Rules of Procedure. No requirement
in section 5 that only the COMELEC en banc may refer a
Since the Omnibus Election Code does not complaint to the Law Department for investigation nor is there a
per se prohibit the transfer of government rule against the COMELEC Chairman directing the conduct of a
employees during the election period but preliminary investigation, even if he himself were the
only penalizes such transfers made without complainant in his private capacity Where the complaint was
the prior approval of the COMELEC in directly filed with the Law Department under Section 4 of Rule
accordance with the implementing 32 of the COMELEC RULES of Procedure obviously there is no
regulations, the transfer of government need to refer such complaint to the same Law Department
employees before the publication of the Under Section 5 of Rule 34 of the COMELEC Rules of
implementing regulations is not an election Procedure, the preliminary investigation may be delegated to
offense. ( People vs Reyes, 247 SCRA 328) any of those officials specified in the rule upon the direction of
the COMELEC Chairman(Laurel vs. Presiding Judge, RTC
Two elements of the offense prescribed Manila Br 10, 323 SCRA 778)
under Sec 261 (h) of BP 881, as
amended are: (1) a public officer or employee is 4. A provincial election supervisor authorized to conduct
transferred or detailed within the a preliminary investigation may file a case without need of
election period as fixed by the COMELEC , and (2) the transfer approval of the provincial prosecutor. (Pp. Vs. Inting,187 SCRA
or detail was effected without prior approval 788)
of the COMELEC in
accordance with its implementing rules and 5. The COMELEC can deputize prosecutors to
regulations ( Regalado vs CA 325 investigate and prosecute offenses even after election.
SCRA 516) (Pp. Vs. Basilla,179 SCRA 87)
6. Since it is a preliminary investigation, it is the
5. Carrying Deadly Weapon in Precinct COMELEC who will determine the existence of
probable cause, the complainant cannot ask it to
To support a conviction carrying a deadly weapon gather evidence in support of the complaint.
inside a precinct, it is necessary that the deadly weapon (Kilosbayan Inc vs. COMELEC,280 SCRA 8920
be seized from the accused while he was in precinct 7. The court in which a criminal case was filed may order
( Mappala vs Munoz 240 SCRA 600) the COMELEC to order a reinvestigation. (Pp. Vs.
Delgado, 189 SCRA 715)
6. Failure to make Proclamation 8. A prosecutor who was deputized by the COMELEC
cannot oppose the appeal filed by the COMELEC from
Proclaiming a losing candidate instead of the winner the dismissal of a case, since the power to prosecute
also constitutes failure to make a proclamation ( Agujetas vs election offenses is vested in the COMELEC.
CA 261 SCRA 17) (COMELEC vs. Ssilva,286 SCRA 177)
7. Refusing to credit candidate with vote

Under section 27(b) of RA 6646, two act not
one, are penalized i.e, first, the tampering, increasing or
decreasing of votes received by a candidate in any election, and
second, the refusal, after proper verification and hearing to

Election Law 2003

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Election Law 2003

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POLITICAL LAW REVIEWER

1 SAINT LOUIS UNIVERSITY BAR OPERATIONS

3. holders of a college degree

1 Assistant Chief CATHY AQUINO Members MAY AQUINO, ERRIZA

8. The COMELEC enjoy fiscal autonomy. ART IX-A, Section 7 Each

3 Assistant Chief CATHY AQUINO Members MAY AQUINO, ERRIZA

4 Assistant Chief CATHY AQUINO Members MAY AQUINO, ERRIZA

administrative in nature, beyond judicial interference.(Chavez

1. Any person sentenced by the final judgment to suffer ii. Inclusion

show that they represent the interest of the

Philippine citizenship C. Those convicted by final judgment for violating his

D. Removal; Insanity or incompetence declaration of A proclamation subsequently declared void is no

10 Assistant Chief CATHY AQUINO Members MAY AQUINO, ERRIZA

5. Violations of Secs. 80, 83, 85, 86 and 261,

Under the same provision, intervention may be C. Lawful propaganda

VI. CAMPAIGN; ELECTION PROPAGANDA; Requirement

2. Congressmen, provincial, city or municipal officials D. Prohibited Campaign

13 Assistant Chief CATHY AQUINO Members MAY AQUINO, ERRIZA

2. Public exhibition of a movie, cinematograph or 6. Schools which received grants of public

A candidate who withdraws his

POSEPONEMENT OF ELECTION 4. The destruction of the copies of the election returns

BOARD OF ELECTION INSPECTORS (BEI)

18 Assistant Chief CATHY AQUINO Members MAY AQUINO, ERRIZA

16.1 Upon receipt by7 the designated officer of the embassy,

STRAY BALLOT The certificate of votes is admissible in evidence to prove

When in a space in the ballot there appears a name of

CORRECTION OF RETURNS NATURE OF DUTY OF BOARD OF CANVASSERS

ii. If the votes omitted cannot be ascertained

2. Manner of delivery of election Return c. Tampered or falsified return

23 Assistant Chief CATHY AQUINO Members MAY AQUINO, ERRIZA

6. The proclamation of a winning candidate cannot be

XI PRE-PROCLAMATION CASES 2. President, vice president, senators, congressmen and

25 Assistant Chief CATHY AQUINO Members MAY AQUINO, ERRIZA

controversy (Ocampo vs. of the official records that the

2. Administrative lapses A. Procedure in contested composition or proceeding of

The RTC has no jurisdiction to compel themunicipal EFFECT OF FILING AN

27 Assistant Chief CATHY AQUINO Members MAY AQUINO, ERRIZA

2) Quo Warranto 10 days i. protest- Candidate with second or

iii. The date petitions or complaints involving

for filing an election protest. vs Maramba, GR No 13206,

11. Cash Deposit 17. Deferment of Counter Protest

12. Injunction 18. Certiorari

13. Substitution Where a petition for certiorari merely

31 Assistant Chief CATHY AQUINO Members MAY AQUINO, ERRIZA

20. Demurrer i. Public interest involved or will of

The loser cannot be ordered to 23. Motion for Reconsideration

7. Refusing to credit candidate with vote

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