ELECTION LAW
I. Suffrage
Suffrage
Itis the right to vote in the election of officers chosen by the
people and in determination of questions submitted to the
people; it includes election, plebiscite, initiative.
II. Qualification
and Disqualification
of Voters
QUALIFICATIONS OF VOTERS
All citizens of the Philippines not otherwise disqualified by
law who are:
a) At least eighteen (18) years of age;
b) Resided in the Philippines for at least one (1) year;
c) Resided in the place wherein they propose to vote
for at least six (6) months immediately preceding
the election.
Any person who temporarily resides in another city,
municipality or country solely by reason of his occupation,
profession, employment in private or public service,
educational activities, work in the military or naval
reservations within the Philippines, service in the Armed
Forces of the Philippines, the National Police Forces, or
confinement or detention in government institutions in
accordance with law, shall not be deemed to have lost his
original residence.
Any person, who, on the day of registration may not have
reached the required age or period of residence but who, on
the day of the election shall possess such qualifications, may
register as a voter. (Sec. 9, R.A. No. 8189)
DISQUALIFICATIONS OF VOTERS
a) Any person who has been sentenced by final judgment
to suffer imprisonment for not less than one year, such
disability not having been removed by plenary pardon
or granted amnesty: Provided, however, that any
person disqualified to vote under this paragraph shall
automatically reacquire the right to vote upon
expiration of five years after service of sentence.
b) Any person who has been adjudged by final judgment
by competent court or tribunal of having committed
any crime involving disloyalty to the duly constituted
government such as rebellion, sedition, violation of the
anti-subversion and firearms laws, or any crime against
national security, unless restored to his full civil and
political rights in accordance with law: Provided, that
he shall regain his right to vote automatically upon
expiration of five years after service of sentence.
c) Insane or incompetent persons as declared by
competent authority. (Sec. 118, B.P. 881, Omnibus
Election Code)
POLITICAL LAW
III. Registration of
Voters
PURPOSE OF REGISTRATION
The act of registration is an indispensable precondition to
the right of suffrage. For registration is part and parcel of
the right to vote and an indispensable element in the
election process. Thus … registration cannot and should not
be denigrated to the lowly stature of a mere statutory
requirement. Proceeding from the significance of
registration as a necessary requisite to the right to vote, the
State undoubtedly, in the exercise of its inherent police
power, may then enact laws to safeguard and regulate the
act of voter’s registration for the ultimate purpose of
conducting honest, orderly and peaceful election, to the
incidental yet generally important end, that even pre-
election activities could be performed by the duly
constituted authorities in a realistic and orderly manner –
one which is not indifferent and so far removed from the
pressing order of the day and the prevalent circumstances of
the times. (Akbayan, et al v. COMELEC, G.R. No.147066,
March 26, 2001)
Registration: The act of accomplishing and filing of a sworn
application for registration by a qualified voter before the
election officer of the city or municipality wherein he resides
and including the same in the book of registered voters
upon approval by the Election Registration Board [Sec. 3a,
RA. 8189]
Registered Voter: In order that a qualified elector may vote
in any election, plebiscite or referendum, he must be
registered in the Permanent List of Voters for the city or
municipality in which he resides. [Sec. 115, B.P. 881]
The right to vote is not a natural right but is a right created
by law. Suffrage is a privilege granted by the State to such
person or classes as are most likely to exercise it for the
public good. [People v. Corral (1936)]
Biometrics validation requirement is not an
unconstitutional substantive requirement: Even if failure to
comply with the biometrics validation of the voter’s
registration (under RA 10367 or the Biometrics Law of 2013),
it is not unconstitutional. The requirement is a “mere aspect
of the registration procedure, of which the State has the
right t o reasonable regulate.” [Kabataan Partylist v.
COMELEC (2015)]
“Proceeding from the significance of registration as a
necessary requiresite to the right to vote, the State
undoubtedly, in the exercise of its inherent poilce power,
may then enact laws to safeguard and regulate the act of
voter’s registration for the ultimate purpose of conducting
honest, orderly, and peaceful election [Akbayan Youth v.
COMEELC (2001)].
 ELECTION LAW
REGISTRATION OF QUALIFIED VOTERS
1) He shall be registered in the permanent list of voters in
a precinct of the city or municipality wherein he resides
to be able to vote in any election.
2) He shall personally accomplish an application form for
registration as prescribed by the Commission in three
(3) copies before the Election Officer on any date
during office hours after having acquired the
qualifications of a voter.
3) The application shall contain the following data:
a) Name, surname, middle name, and/or maternal
surname;
b) Sex;
c) Date, and place of birth;
d) Citizenship;
e) Civil status, if married, name of spouse;
f) Profession, occupation or work
g) Periods of residence in the Philippines and in the
place of registration;
h) Exact address with the name of the street and
house number for location in the precinct maps
maintained by the local office of the Commission,
or in case there is none, a brief description of his
residence, sitio, and barangay;
i) A statement that the applicant possesses all the
qualifications of a voter;
j) A statement that the applicant is not a registered
voter of any precinct; and
k) Such information or data as may be required by
the Commission.
4) The application for registration shall contain three (3)
specimen signatures of the applicant, clear and legible
rolled prints of his left and right thumbprints, with four
(4) identification size copies of his latest photograph,
attached thereto, to be taken at the expense of the
Commission.
5) Before the applicant accomplishes his application for
registration, the Election Officer shall inform him of the
qualifications and disqualifications prescribed by law
for a voter, and thereafter, see to it that the
accomplished application contains all the data therein
required and that the applicant's specimen signatures,
fingerprints, and photographs are properly affixed in all
copies of the voter's application.
Effect of transfer of residence
Any person who transfers residence solely by reason of his
occupation, profession or employment in private or public
service, education, etc. shall not be deemed to have lost his
original residence. (Asistio v. Aguirre, G.R. No. 191124, April
27, 2010)
SYSTEM OF CONTINUING REGISTRATION OF
VOTERS
POLITICAL LAW
1) Period of Registration
General Rule: Daily. The personal filing of application of
registration of voters shall be conducted daily in the
office of the Election Pffocer during regular office
hours.
Exception [i.e. when registration is prohibited]: No
registration shall be conducted within:
a. 120 days before a regular election
b. 90 days before a special election (Sec. 8, RA
8189)
COMELEC Resolution 8585, which set the deadline for voter
registration to Oct. 31, 2009 (election was May 10, 2010, or
more than 120 days), was declared null and void because
Sec. 8 of RA 8189 has determined that the period of 120
days before a regular election and 90 days before a special
election is enough time for the COMELEC to make all the
necessary preparations with respect to the coming
elections. COMELEC is granted the power to fix other
periods and dates for pre-election activities only if the same
cannot be reasonably be held within the period provided by
law. There is no ground to hold that the mandate of
continuing voter registration cannot be reasonably held
within the period provided by Sec. 8 of RA 8189 [Palatino v.
COMELEC (2009)]
2) Manner of Registration for Illeterate or Disabled Voters
For Illiterate Persons: May register with the assistance
of the Election Officer or any member of an accredited
citizen’s arms.
For physically disabled persons: Application for
registration may be repared by:
a. Any relative within the 4th civil degree of
consanguinity or affinity;
b. By the Election Officer; or
c. Any member of an accredited citizen’s arm
[Sec. 14, RA 8189]
Definition of disabled voter under the AES: A
person with impaired capacity to use the Automated
Election System (“AES”). [Sec. 2(1), RA 9639]
3) Election Registration Boards
There shall be in each city and municipality as many
Election Registration Boards (“ERB”) as there are
election officers therein [Sec. 15, RA 8189]
Composition: The ERB shall be composed of three
members:
a. Chairman: Election Officer. If disqualified, COMELEC
shall designate an acting Election Officer.
b. Members:
(a) Public school official most senior in rank; and
 ELECTION LAW POLITICAL LAW

(b) Local civil registrar, or in his absence, the city Ground for Deactivation Specific Mode of
or municipal treasurer. If neither are available, any Reactivation
other appropriate civil service official from the Sentenced by final judgment (1) Pleary pardon or an
same locality as designated by the COMELEC. to suffer imprisonment for amnesty; or
not less than 1 year (unless
Disqualifications: Relation to each other or to any granted a plenary pardon or (2) Automatically upon the
incumbent city or municipal elective offical withn the 4th civil an amnesty) expiration of 5 years after
degree of consanguintiy or affinity. [Sec. 15, RA 8189] the service of sentence as
certified by clerks of courts
4) Change of Residence or Address Adjudged by final judgement Automatically upon
for having committed any expiration of 5 years after
Change of residence to another city or municipality: crime involving disloyalty to the service of sentence
The registered voter may apply with the Election the duty consituted
Officer of his new residence for the transfer of his government (e.g. rebellion,
resignation records. [Sec. 12, RA 8189] sedition, violation of the
firearms law) or any crime
Change of address in the same municipality or city: against national security
Voter shall immediately notify the Election Officer in (unless restored to full civil
writing [Sec. 13, RA 8189] and political rights in
accordance with law)
5) Challengers to Right to Register [Sec. 18, RA 8189] Insane or incompetent [ See general ground for
By Any (1) voter; persons as declared by reactivation, Infra]
(2) canidate; or competent authority
(3) representative of a registered political party Did not vote in the 2
Form (1) In writing, stating the ground thereof successive preceding regular
(2) Under oath; and elections [excluding: SK
(3) Attached to the appication, together with elections]
proof of notice of hearing to the Registration has been
challenger and the applicant ordered excluded by the
When Must be filed not later than the 2nd Monday Court
filed of the month in which the same is scheduled to Loss of Filipino citizenship
be heard or processed by the ERB.
Should 2nd Monday fall on a non-working c. Reactivation of Registration
holiday, filing may be made on the next
following working day [Sec. 18, R.A. 8189] Ground: The grounds for the deactivation no longer exist.
Hearing 3rd Monday of the month
Decision Before the end of the month Procedure: Any voter whose registration has been
deactivated may file with the Election Officer a sworn
application for reactivation of his registration in the form of
REMEDY IN CASE OF APPROVAL/DUSAPPROVAL OF an affidavit stating the ground, supra.
APPLICATION FOR REGISTRATION • Filing in any time not later than 120 days before a
regular election and 90 days before a special
Aggrieved party may file a petition for exclusion or inclusion election.
, Infra, as the case may be, with the MTC.
• The Election Officer shall submit said application
to the ERB and if approved, the Election Officer
DEACTIVATION OF REGISTRTATION shall retrieve he registration record from the
a. Definition inactive file and include the same in the
Deactivation: Process of deactivsting the registration of corresponding precinct book of voters.
certain persons, removing their registration records from
the corresponding precinct book of voters and placing the • Local heads or representatives of political parties
same in the inactive file, properly marked “deactivated” and shall be properly notified on approved
dated in indelible ink. applications. [Sec 28, R.A. 8189]

b. Causes of Deactivation [Sec. 27, R.A. 8189] CERTIFIED LIST OF VOTERS

The board shall remove the registration records of the a. Definitions
following persons from the corresponding precinct book of List of Voters: Refers to an enumeration of names of
voters and place the same in the inactive file: registered voters in a precinct duly certified by the Election
 ELECTION LAW
Registration Board for use in the election.
Preparation: The ERB shall prepare and post a certified list
of voters 90 days before a regular election and 60 days
before a special election. [Sec. 30, R.A. 8189]
Posting: Copies of the certified list along with a certified list
of deactivated voters categoried by precinct per barangay,
within the same period shall be posted in the office of the
Election Officer and in the bulletin board of each
city/municipal hall. Upon payment of the fees as fixed by the
Commission, the candidates an heads shall also be furnished
copies thereof. [Sec. 30, RA 8189]
b. Grounds when List of Voters will be Altered
(1) Deactivation/Reactivation
(2) Excusion/Inclusion
(3) Cancellation of Registration in case of death
(4) New voters
(5) Annulment of Book of Voters
(6) Transfer of Residence
Transfer to another precinct: The precinct assignment of a
voter in the permanent list of voters shall not be
changed/altered/transferred to another preceinct without
the express written consent of the voter. Rpvided, however,
that the voter shall not unreasonable withhold such
consent. Any violation thereof shall constitute and election
offense. [Sec. 4, R.A. 8189]
c. Annulment of Book of Voters
The COMELEC shall, upon verified petition of any voter or
election officer or duly registered political party, and after
notice and hearing, annul any book of voters that is:
(1) Not prepared in accordance with RA 8189 or the
Voters’ Registration Act of 1996.
(2) Prepared through fraud, bribery, forgery,
impersonation, intimidation, force, or any similar
irregularity; or
(3) Contains data that are statistically improbable.
No order, ruling or decision annulling a book of voters shall
be executed within 90 days before an election. [Sec. 39, RA
8189]
SPECIAL RULES FOR OVERSEAS ABSENTEE VOTERS
Definitions
Absentee Voting: Process by which qualified citizens of the
Philippines abroad exercise their right to vote. [Sec. 3a, RA
9189, The Overseas Absentee Voting Act]
POLITICAL LAW
Overseas Absentee Voter: Citizen of the Philippines who is
qualified to register and vote under this Act, not otherwise
disqualified by law, who is abroad on the day of elections.
[Sec. 3 (f), RA 9189]
Covered Elections: Elections for president, vice-president,
senators, and party-list representatives [Sec. 3(f), RA 9189]
Personal registration required: Registration as an overseas
absentee voter shall be done in person. (Sec. 5, RA 9189]
National Registry of Overseas Absentee Voters: The
consolidated list prepared, approved, and maintained by the
COMELEC, of overseas absentee voters whose applications
for registration as absentee voters, including those
registered voters who have applied to be certified as
absentee voters, have been approved by the Election
Registration Board. [Sec. 3 (e), RA 9189]
General Rule: The entries in the National Registry of
Overseas Absentee Voters and the annotations as overseas
absentee voters in the Certified Voters’ List shall be
permanent, and cannot be cancelled or amended.
Exceptions:
(1) At the initiative of the voter: When the overseas
absentee voter files a letter under oath addressed
to the Comelec that he/she wishes to be removed
from the Registry of Overseas Absentee Voters, or
that his/her name be transferred to the regular
registry of voters.
(2) At the initiative of the COMELEC: When an
overseas absentee voter’s name was ordered
removed by the Comelec from the Registry of
Overseas Absentee Voters for his/her failure to
exercise his/her right to vote under RA 9189 for 2
consecutive national elections. [Sec. 9, RA 9189]
IV. Inclusion and
Exclusion
Proceedings
Filing of petition in an inclusion proceeding
In petition for inclusion, any person whose application for
registration the Board has disapproved or whose name has
been stricken out from the list may file with the court a
petition to include his name in the permanent list of voters
in his precinct. It shall be supported by a certificate of
 ELECTION LAW
disapproval of his application and proof of service of notice
of his petition upon the Board. (Sec. 34, R.A. No. 8189)
Filing of petition in an exclusion proceeding
In petition for exclusion, any registered voters,
representative of a political party or the Election Officer,
may file with the court a sworn petition for the exclusion of
a voter from the permanent list of voters giving the name,
address and the precinct of the challenged voter. It shall be
accompanied by proof of notice to the Board and to the
challenged voter and shall be decided within ten (10) days
from its filing. (Sec. 35 R.A. No. 8189)
Period for filing the petition for inclusion or exclusion
proceeding
The petition for inclusion of voters in the list shall be filed at
any time except one hundred five (105) days prior to a
regular election or seventy-five (75) days prior to a special
election, and shall be decided within fifteen (15) days after
its filing. (Sec. 34, R.A. No. 8189)
While petition for exclusion of voters in the list shall be filed
at any time except one hundred (100) days prior to a regular
election or sixty-five (65) days before a special election, and
shall be decided within ten (10) days from its filing. (Sec. 35
R.A. No. 8189)
Court with jurisdiction over inclusion and exclusion
proceeding
The Municipal and Metropolitan Trial Courts shall have
original and exclusive jurisdiction over all cases of inclusion
and exclusion of voters in their respective cities or
municipalities.
Decisions of the Municipal or Metropolitan Trial Courts may
be appealed by the aggrieved party to the Regional Trial
Court within five (5) days from receipt of notice thereof.
Otherwise, said decision shall become final and executory.
i) The RTC shall decide the appeal within ten (10) days
from the time it is received
ii) The decision shall immediately become final and
executor
iii) No motion for reconsideration shall be entertained.
(Sec. 33, R.A. 8189)
COMMON RULES GOVERNING JUDICIAL
PROCEEDINGS IN MATTER OF INCLUSION,
EXCLUSION AND CORRECTION OF NAMES OF
VOTERS
a) It should be filed during office hours
b) Notice of the place date and time of the hearing of the
petition shall be served upon the members of the
Board and the challenged voter upon filing of the
petition, using any of the modes of service:
i. Personal delivery
ii. Registered mail, or
iii. Posting in the bulletin board of city or municipal
hall and in 2 other conspicuous places within
the city of municipality
POLITICAL LAW
c) A petition shall refer only to one (1) precinct and
implead the Board as respondents
d) Generally, no costs shall be assessed against any party.
However, the court may order a party to pay the costs
and incidental expenses of the suit should it find that
the application was filed solely to harass the adverse
party and to cause him to incur expenses
e) Any voter, candidate or political party who may be
affected by the proceedings may intervene and present
his evidence
f) The decision shall be based on the evidence presented
and in no case rendered upon a stipulation of facts.
i. If the question is whether or not the voter is real
or fictitious, his non-appearance on the day set
for hearing shall be prima facie evidence that the
challenged voter is fictitious
g) The petition shall be heard and decided:
i. Within ten (10) days from the date of its filing
ii. Within ten (10) days from receipt of the appeal
iii. In all cases, the court shall decide these petitions
not later than fifteen (15) days before the
election and the decision shall become final and
executor (Sec. 32, R.A. No. 8189)
V. Political parties
A. JURISDICTION OF THE COMELEC
Either a political party or a sectoral party or a coalition of
parties [Sec. 3(b), RA 7941, Party-List System Act]
Party-list System
Mechanism of proportional representation in the election of
representatives to the House of Representatives from
national, regional and sectoral parties or organizations or
coalitions registered with the COMELEC. [Sec. 3(a), RA 7941]
Political Party
An organized group of citizens advocating an ideology or
platform, principles and policies for the general conduct of
government and which, as the most immediate means of
securing their adoption, regularly nominates certain of its
leaders and members as candidates for public office. [Sec.
60, BP 881 and Sec. 3(c) of RA 7941]
KINDS OF POLITICAL PARTIES
(1) National party - constituency is spread over the
geographical territory of at least a majority of the regions.
(2) Regional party - constituency is spread over the
geographical territory of at least a majority of the cities and
provinces comprising the region.
(3) Sectoral party – organized group of citizens belonging to
any of the following sectors: labor, peasant, fisherfolk, urban
poor, indigenous cultural communities, elderly,
handicapped, women, youth, veterans, overseas workers
and professionals whose principal advocacy pertains to the
special interests and concerns of their sector.
Sectoral organization
 ELECTION LAW POLITICAL LAW

Group of citizens or a coalition of groups of citizens who 2) Registered voter

share similar physical attributes or characteristics, 3) Able to read and write
employment, interests or concerns. 4) At least 35 years of age at the day of election
5) Resident of the Philippines for at least 2 years
Coalition immediately preceding such election
An aggrupation of duly registered national, regional, sectoral
parties or organizations for political and/or election QUALIFICATIONS OF MEMBERS OF THE
purposes. [Sec. 3, R.A. 7941, Party-List System Act] HOUSE OF REPRESENTATIVES
1) Natural-born citizen of the Philippines
PURPOSE
2) Registered Voter
To enable Filipino citizens belonging to marginalized and
3) Able to read and write
underrepresented sectors, organizations and parties, and
4) At least 25 years of age at the day of the election
who lack well-defined political constituencies but who could
5) Resident of the same district for a period of not
contribute to the formulation and enactment of appropriate
less than 1 year immediately preceding such
legislation that will benefit the nation as a whole, to become
election.
members of the House of Representatives. [Sec. 2, R.A.
7941] QUALIFICATIONS OF LOCAL ELECTIVE
OFFICIALS
B. PROCEDURE FOR REGISTERING
1) Must be a citizen of the Philippines
NATIONAL OR REGIONAL POLITICAL
2) A registered voter in the barangay, municipality,
PARTY WITH THE COMMISSION city, or province, or in the case of a member of the
a) By filing with the COMELEC a verified petition and sangguniang panlalawigan, panglungsod or
attaching thereto its constitution and by-laws, bayan, the district where he intends to be elected
platform or program of government and such other 3) Able to read and write Filipino or any other local
relevant information as may be required by the language or dialect (Sec. 39, R.A. No. 7160 Local
COMELEC. Government Code)
b) The Commission shall, after due notice and hearing, 4) On the day of the election must at least be:
resolve the petition within ten days from the date it a. 23 years of age for Governors, Vice
is submitted for decision. Governors, Members of the sangguniang
i) No religious sect shall be registered as a panlalawigan, nayor, vice mayor and member
political party and no political party which of the sangguniang panglungsod ng HUC
seeks to achieve its goal through violence b. 21 years of age for mayors or vice mayors of
shall be entitled to accreditation. (Sec. 61, ICC, CC or municipalities
Omnibus Election Code) c. 18 years of age for members of the
c) The Commission shall require publication of the sangguniang panlungsod, or bayan or punong
petition for registration or accreditation in at least baranggay or members of the sangguniang
three newspapers of general circulation and shall, d. 15 but not more than 18 years of age for
after due notice and hearing, resolve the petition Sangguniang Kabataan
within fifteen days from the date it is submitted for 5) Resident therein for at least 1 year immediately
decision. (Sec. 62, Omnibus Election Code) preceding the day of election.
VI. Candidacy B. FILING OF CERTIFICATES OF
A. QUALIFICATIONS OF CANDIDATES CANDIDACY
QUALIFICATIONS OF PRESIDENT AND VICE 1. EFFECT OF FILING
PRESIDENT OF THE PHILIPPINES
1) Natural-born citizen of the Philippines For Appointive Officials
2) Registered voter Any person holding an appointive office or position,
3) Able to read and writer including active members of the Armed Forces of the
4) At least 40 years of age at the day of election Philippines, and officers and employees in GOCCs, shall be
5) Resident of the Philippines for at least 10 years considered ipso facto resigned from his office upon the filing
immediately preceding such election (Sec. 63, of his certificate of candidacy. Such resignation is
Omnibus Election Code) irrevocable. (Sec. 66, Omnibus Election Code)

QUALIFICATIONS OF SENATOR IN THE For Elective Officials

PHILIPPINES Elective officials, upon the filing of his certificate of
1) Natural-born citizen of the Philippines candidacy, shall not be considered resigned for the same or
 ELECTION LAW
any other elective office or position. (Sec. 4, Comelec
Resolution No. 8678, Guidelines on the Filing of Certificates
of Candidacy and Nomination of Official Candidates of
Registered Political Parties in Connection with the May 10,
2010 National and Local Elections)
Note: The provision in Sec. 67 B.P. 811 which deemed
elective officials automatically resigned from office upon
filing of their certificate of candidacy is no longer operative
since it was repealed by Sec. 14 R.A 9006, Fair Election Act.
Hence, an elective official is no longer deemed resigned
when he files his CoC for any position
2. SUBSTITUTION IN CASE OF DEATH,
WITHDRAWAL AND
DISQUALIFICATION
After the last day for filing after the last day for the filing of
certificates of candidacy:
1. If candidate belongs to a political party:
• ONLY a person belonging to, and certified by, the same
political party may file a certificate of candidacy to
replace the candidate who died, withdrew or was
disqualified.
• The substitute candidate nominated by the political
party concerned may file his certificate of candidacy for
the office affected in accordance with the preceding
sections not later than mid-day of the day of the
election.
2. If candidate does not belong to a political party.
Before the election and mid-day of election day:
Certificate may be filed:
1. with any board of election inspectors in the political
subdivision where he is a candidate, or,
2. With the COMELEC, in the case of candidates to be
voted for by the entire electorate of the country.
3. MINISTERIAL DUTY OF COMELEC TO
RECEIVE CERTIFICATE
Duty of COMELEC [Sec. 76, B.P. 881]
General Rule: The COMELEC shall have the ministerial duty
to receive and acknowledge receipt of the certificates of
candidacy provided said certificates are: under oath and
contain all the required data and in the form prescribed by
the Commission.
The COMELEC has no discretion to give or not to give due
course to a certificate of candidacy filed in due form. While
the COMELEC may look into patent defects in the certificate,
it may not go into matters not appearing on their face.
[Abcede v. Imperial, (1958)]
Exception: COMELEC may go beyond the face of the
certificate of candidacy –
POLITICAL LAW
(1) Nuisance candidates
(2) Petition to deny due course to or cancel a certificate of
candidacy
The Court also recently held that even without a petition to
deny course to or cancel a certificate of candidacy, the
COMELEC is under a legal duty to cancel the CoC of anyone
suffering from the accessory penalty of perpetual special
disqualification to run for public office by virtue of a final
judgment of conviction. The final judgment of conviction is
notice to the COMELEC of the disqualification of the convict
from running for public office. [Jalosjos v. COMELEC,(2012)]
4. NUISANCE CANDIDATE
A nuisance candidate is one who:
i. To put the election process in mockery or disrepute;
or
ii. To cause confusion among the voters by the
similarity of the names of the registered candidates,
or
iii. Clearly demonstrating that he/she has no bona fide
intention to run for the office which the certificate
of candidacy has been filed, and thus prevents a
faithful determination of the true will of the
electorate. (Sec.69, Omnibus Election Code)
5. GROUND FOR DENYING AND
CANCELLING A CERTIFICATE OF
CANDIDACY
A verified petition seeking to deny due course or to cancel a
certificate of candidacy may be filed by the person
exclusively on the ground of falsity in any material
representation contained therein (Sec 78, Omnibus Election
Code)
Filing of petition for denial and cancellation of certificate of
candidacy
The petition may be filed at any time not later than twenty-
five days from the time of the filing of the certificate of
candidacy and shall be decided, after due notice and
hearing, not later than fifteen days before the election.
DISQUALIFICATIONS OF CANDIDATES
Any candidate who, in an action or protest in which he is a
party is declared by final decision of a competent court
guilty of, or found by the Commission of having:
1. given money or other material consideration to
influence, induce or corrupt the voters or public
officials performing electoral functions;
2. committed acts of terrorism to enhance his candidacy;
3. spent in his election campaign an amount in excess of
that allowed by this Code;
4. solicited, received or made any contribution prohibited
under Sections 89, 95, 96, 97 and 104;
5. or violated any of Sections 80, 83, 85, 86 and 261,
paragraphs d, e, k, v, and cc, subparagraph 6, shall be
 ELECTION LAW
disqualified from continuing as a candidate, or if he has
been elected, from holding the office.
Any person who is a permanent resident of or an immigrant
to a foreign country shall not be qualified to run for any
elective office under this Code, unless said person has
waived his status as permanent resident or immigrant of a
foreign country in accordance with the residence
requirement provided for in the election laws. (Sec. 68,
Omnibus Election Code)
6. EFFECTS OF DISQUALIFICATION
The Commission and the courts shall give priority to cases of
disqualification by reason of violation of this Act to the end
that a final decision shall be rendered not later than seven
days before the election in which the disqualification is
sought.
Judgement Before Election
Any candidate who has been declared by final judgment to
be disqualified shall not be voted for, and all votes cast for
him shall not be counted. (Section 72, Omnibus Election
Code)
Judgement After Election
A candidate who is not declared by final judgment before an
election to be disqualified may be voted for and may receive
the winning number of votes in such election and his
violation of the provisions of the preceding sections shall not
prevent his proclamation and assumption to office.
7. WITHDRAWAL OF CANDIDACY
A person who has filed a certificate of candidacy may, prior
to the election, withdraw the same by submitting to the
office concerned a written declaration under oath. (Section
73, Omnibus Election Code)
EFFECT OF WITHDRAWAL
1. If a candidate files a certificate of candidacy for more
than 1 office, he shall not be eligible for any of them.
However, he may declare under oath the office for
which he desires to be eligible and cancel the certificate
of candidacy for the other office or offices provided
that this is done before the expiration of the period for
the filing of certificates of candidacy. (Sec. 73, BP 881)
2. The filing of the withdrawal shall not affect whatever
civil, criminal, or administrative liabilities which a
candidate may have incurred. (Sec. 73, BP 881)
VII. Campaign
A. PREMATURE CAMPAIGN
General Rule: It shall be unlawful for any person, whether or
not a voter or candidate, or for any party, or association of
persons, to engage in an election campaign or partisan
political activity except during the campaign period:
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Exception: Political parties may hold political conventions or
meetings to nominate their official candidates within thirty
days before the commencement of the campaign period and
forty-five days for Presidential and Vice Presidential
election.
B. PROHIBITED CONTRIBUTIONS
No contribution for purposes of partisan political activity
shall be made directly or indirectly by any of the following:
i. General Rule: Public or private financial institutions
Exception: public or private financial institutions
legally in the business of lending money are not
prohibited from making any loan to a candidate or
political party by any such, if the same is made in
accordance with laws and regulations and in the
ordinary course of business;
ii. Natural and juridical persons operating a public utility
or in possession of or exploiting any natural resources
of the nation;
iii. Natural and juridical persons who hold contracts or
sub-contracts to supply the government or any of its
divisions, subdivisions or instrumentalities, with goods
or services or to perform construction or other works;
iv. Natural and juridical persons who have been granted
franchises, incentives, exemptions, allocations or
similar privileges or concessions by the government or
any of its divisions, subdivisions or instrumentalities,
including government-owned or controlled
corporations;
v. Natural and juridical persons who:
a. within one year prior to the date of the
election,
b. have been granted loans or accommodations in
excess of P100,000 by the government or any
of its divisions, subdivisions or instrumentalities
including government-owned or controlled
corporations;
vi. Educational institutions which have received grants
of public funds amounting to no less than
P100,000.00;
vii. Officials or employees in the Civil Service, or
members of the Armed Forces of the Philippines;
and
viii. Foreigners and foreign corporations
(Sec. 95, Omnibus Election Code)
C. ELECTION PROPAGANDA
LAWFUL ELECTION PROPAGANDA
Shall include:
i. Pamphlets, leaflets, cards, decals, stickers or other
written or printed materials
 ELECTION LAW
Allowable size: Not more than eight and one-half
inches in width and fourteen inches in length
ii. Handwritten or printed letters urging voters to vote
for or against any particular candidate:
iii. Cloth, paper or cardboard posters, whether framed or
posted,
Allowable size:
General Rule: area not exceeding two feet by three
feet.
Exception: not exceeding three feet by eight feet in
size at the site and on the occasion of a public meeting
or rally, or in announcing the holding of said meeting
or rally, streamers
Note: Said streamers may not be displayed except one
week before the date of the meeting or rally and that
it shall be removed within seventy-two hours after
said meeting or rally.
iv. Paid advertisements in print or broadcast media. Such
advertisements must comply with the following
requirements:
a. Any published or printed political matter and any
broadcast of election propaganda by TV or radio
for or against a candidate or group of candidates
to any public office shall bear and be identified
by the reasonably legible or audible words
“political advertisement paid for” followed by the
true and correct name and address of the
candidate or party for whose benefit the election
propaganda was printed or aired. (Sec. 4.1, R.A.
9006)
b. If the broadcast is given free of charge by the
radio or TV station, it shall be identified by the
words "airtime for this broadcast was provided
free of charge by" followed by the true and
correct name and address of the broadcast
entity. (Sec. 4.2, R.A. 9006)
c. Print, broadcast or outdoor advertisements
donated to the candidate or political party shall
not be printed, published, broadcast or exhibited
without the written acceptance by the said
candidate or political party. Such written
acceptance must be attached to the advertising
contract and submitted to the COMELEC within 5
days after its signing.
v. All other forms of election propaganda not prohibited
by this Code as the Commission may authorize after
due notice to all interested parties and hearing where
all the interested parties were given an equal
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opportunity to be heard:
Requirement: That the Commission's authorization
shall be published in two newspapers of general
circulation throughout the nation for at least twice
within one week after the authorization has been
granted. (Sec. 92, Omnibus Election Code)
Any published or printed political matter for or against a
candidate or group of candidates to any public office -shall
bear and be identified by the words "paid for by" followed
by the true and correct name and address of the payor and
by the words "printed by" followed by the true and correct
name and address of the printer. (Sec. 84, Omnibus Election
Code)
UNLAWFUL ELECTION PROPAGANDA
It shall be unlawful:
i. To print, publish, post or distribute any poster,
pamphlet, circular, handbill, or printed matter
urging voters to vote for or against any candidate
unless they bear the names and addresses of the
printer and payor as required in Section 84 hereof;
ii. To erect, put up, make use of, attach, float or
display any billboard, tinplate-poster, balloons and
the like, of whatever size, shape, form or kind,
advertising for or against any candidate or political
party;
iii. To purchase, manufacture, request, distribute or
accept electoral propaganda gadgets, such as
pens, lighters, fans of whatever nature, flashlights,
athletic goods or materials, wallets, shirts, hats,
bandanas, matches, cigarettes and the like, except
that campaign supporters accompanying a
candidate shall be allowed to wear hats and/or
shirts or T-shirts advertising a candidate;
iv. To show or display publicly any advertisement or
propaganda for or against any candidate by means
of cinematography, audio-visual units or other
screen projections except telecasts which may be
allowed as hereinafter provided; and
v. For any radio broadcasting or television station to
sell or give free of charge air time for campaign
and other political purposes except as authorized
in this Code under the rules and regulations
promulgated by the Commission pursuant thereto.
D. LIMITATIONS ON EXPENSES
Expenditures
For the purpose of influencing the results of the election.
What are Included:
1. Payment or delivery of money of anything of value
2. Contract
3. Promise or agreement to make an expenditure
 ELECTION LAW
4. Also include the use of facilities personally owned by
the candidate, the money value of the use of which can
be assessed based on the rates prevailing in the area
LIMITATIONS
The aggregate amount that a candidate or registered
political party may spend for an election campaign shall be
as follows:
FOR CANDIDATES
1. President and Vice-President
- P10 for every voter currently registered
2. Other Candidates
- P 3 for every voter current registered in the
constituency where he filed his certificate of
candidacy
3. Candidates Without a Political Party
- P 5 for every voter
FOR POLITICAL PARTIES
- P 5 for every voter currently registered in the
constituency or constituencies where it has official
candidates (Sec. 13, R.A. 7166)
VALID EXPENDITURES
No candidate or treasurer of a political party shall, directly
or indirectly, make any expenditure except for the following
purposes:
1. For traveling expenses of the candidates and campaign
personnel in the course of the campaign and for
personal expenses incident thereto
2. For compensation of campaigners, clerks,
stenographers, messengers, and other persons actually
employed in the campaign
3. For telegraph and telephone tolls, postage, freight and
express delivery charge
4. For stationery, printing and distribution of printed
matters relative to candidacy
5. For employment of watchers at the polls
6. For rent, maintenance and furnishing of campaign
headquarters, office or place of meetings
7. For political meetings and rallies and the use of sound
systems, lights and decorations during said meetings
and rallies
8. For newspaper, radio, TV and other public
advertisements
9. For employment of counsel, the cost of which shall not
be taken into account in determining the amount of
expenditures which a candidate or political party may
have incurred
10. For copying and classifying list of voters, investigating
and challenging the right to vote of persons registered
in the list; such costs shall not be taken into account in
determining the amount of expenses which a candidate
or political party may have incurred
11. For printing sample ballots in such color, size and
maximum number as may be authorized by the
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COMELEC, such costs not to be taken into account in
determining the amount of expenses which a candidate
or political party may have incurred; (Sec.102, Omnibus
Election Code)
REGULATION OF ELECTION PROPAGANDA
THROUGH MASS MEDIA
1. The Commission shall promulgate rules and regulations
regarding the sale of air time for partisan political
purposes during the campaign period to insure the
equal time as to duration and quality in available to all
candidates for the same office or political parties at the
same rates or given free of charge that such rates are
reasonable and not higher than those charged other
buyers or users of air time for non-political purposes;
Note: The Omnibus Election Code shall prohibit the
scheduling of any program that would manifestly favor
or oppose any candidate or political party by unduly
including said candidate and/or political party in such
program.
2. All contracts for advertising in any newspaper,
magazine, periodical or any form of publication
promoting or opposing the candidacy of any person for
public office shall be:
a. registered by said newspaper with the Commission
before implementation.
b. it shall be signed by the candidate concerned or by the
duly authorized representative of the political party.
3. No franchise or permit to operate a radio or television
station shall be granted or issued, suspended or
cancelled during the election period.
4. All radio or television stations, including that owned or
controlled by the Government, shall give free of charge
equal time and prominence to an accredited political
party or its candidates if it gives free of charge air time
to an accredited political party or its candidates for
political purposes.
5. The Commission shall supervise the use and
employment of press, radio and television facilities so
as to give candidates equal opportunities under equal
circumstances to make known their qualifications and
their stand on public issues within the limits set forth in
this Code on election spending.
E. STATEMENT OF CONTRIBUTIONS
Duty to file
Within 30 days after election day, the candidate and the
treasurer of the political party must file with the COMELEC
duplicate copies of the full, true and itemized statement of
all contributions and expenditures in connection with the
election.
This requirement to file the statement covers even those
who withdrew as candidates after having filed their
certificates, because Sec. 14 of R.A. 7166 does not make any
distinction.
 ELECTION LAW
Duty of election registrar to advise candidates of their duty
It is the duty of the city or municipal election registrar to
advise in writing, either by personal delivery or by registered
mail, within 5 days from the election date, all candidates to
comply with the obligation to file their statements. (Sec 14,
RA 7166)
FORMS OF STATEMENT
The statement shall be:
1. in writing, subscribed and
2. sworn to by the candidate or by the treasurer of the
party,
3. complete as of the date next preceding the date of
filing (Sec. 109, Omnibus Election Code)
CONTENTS OF STATEMENT
It shall set forth in detail the following:
1. the amount of contribution, date of receipt, and the full
name and exact address of the person from whom the
contribution was received
2. the amount of every expenditure, the date thereof, the
full name and exact address of the person to whom
payment was made, and the purpose of the
expenditure
3. any unpaid obligation, its nature and amount, and to
whom said obligation is owing; and
4. such other particulars which the COMELEC may require.
5. If the candidate or treasurer of the party has received
no contribution, made no expenditure, or has no
pending obligation, the statement shall reflect such fact
(Sec. 109, Omnibus Election Code)
PLACE OF FILING STATEMENT
Statements of contributions and expenditures shall be filed
as follows:
6. With the COMELEC: Presidential and Vice-Presidential
candidates
7. General Rule: Provincial Election Supervisor: for
candidates of being Members of the Batasang
Pambansa,
Exception: Regional Election Director of said region:
for candidates in the National Capital Region.
8. Provincial Election Supervisor: for candidates of
provincial offices.
EFFECT OF FAILURE TO FILE
General Rule: No person elected to any public office shall
enter upon the duties of his office until he has filed the
statement of contributions and expenditures. (Sec. 14, R.A.
7166) The same prohibition also applies if the political party
of the winning candidate fails to file the statement within
the required period
POLITICAL LAW
Failure to file the required statements or reports constitutes
an administrative offense. Offenders are liable to pay an
administrative fine ranging from P 1,000.00 to P 30,000.00.
Such fine shall be paid within 30 days from receipt of notice
of such failure; otherwise, the COMELEC shall enforce the
same by issuing a writ of execution against the properties of
the offender. The commission of a second or subsequent
offense under this section subjects the offender to an
increased fine ranging from P 2,000.00 to P 60,000.00, and
to a perpetual disqualification to hold office. (Sec. 14, RA
7166)
Exception: Candidates for elective barangay office.
VIII. Board of
Election Inspectors
and Board of
Canvassers
At least 30 days before the date when the voters list is to be
prepared, in the case of a regular election or 15 days before
a special election, the COMELEC shall, directly or through its
duly authorized representatives, constitute a board of
election inspectors for each precinct.
A. COMPOSITION OF ELECTION
INSPECTORS
The Board of Election Inspectors is composed of three (3)
persons, namely:
1. Chairman
2. Poll clerk
3. Member
General Rule: The entire Board shall be composed of public
school teachers, priority to be given to those with
permanent appointments. (Sec. 164, BP 881, as amended by
Sec. 13, R.A. 6646)
Exception: However, in case there are not enough public
school teachers, the following may be appointed for election
duty:
1. Teachers in private schools;
2. Employees in the civil service; or
3. Other citizens of known probity and competence who
are registered voters of the city or municipality.
QUALIFICATIONS
1. Public school teachers
2. Be of good moral character and irreproachable
reputation
3. A registered voter of the city or municipality
4. Never been convicted of any election offense or any
other crime punishable by more than 6-month
imprisonment
 ELECTION LAW
5. Able to speak and write english or the local dialect
DISQUALIFICATIONS
1. Must not be related within the 4th civil degree by
consanguinity or affinity to any member of the BEI or to
any candidate to be voted for in the polling places
2. Must not engage in any partisan political activity
B. POWERS OF THE BOARD OF ELECTION
INSPECTORS
1. Conduct the voting and counting of votes in their
respective polling places;
2. Act as deputies of the Commission in the supervision
and control of the election in the polling places wherein
they are assigned, to assure the holding of the same in
a free, orderly and honest manner;
3. Perform such other functions prescribed by the
Omnibus Election Code or by the rules and regulations
promulgated by the COMELEC
BOARD OF CANVASSERS
COMPOSITION OF BOARD OF CANVASSERS
a. Commission on Elections as National Board of
Canvassers.
- For Senators and Party-List Representatives
i. he chairman and members of the Commission on
Election sitting en banc.
ii. It shall canvass the results by consolidating the
certificates of canvass electronically transmitted.
iii. Thereafter, the national board shall proclaim the
winning candidates for senators and party-list
representatives.
b. Congress as National Board of Canvassers.
- President and Vice President
i. The Senate and the House of Representatives in
joint public session shall compose the national
board of canvassers for president and vice-
president.
ii. The certificate of canvass for president and vice-
president duly certified by the board of canvassers
of each province or city, shall be
electronically transmitted to the Congress,
directed to the president of the Senate.
iii. Upon receipt of the certificates of canvass, the
President of the Senate shall:
a. open all the certificates in the presence of the
Senate and the House of Congress upon
determination of the authenticity and the
due execution thereof in the manner
provided by law,
b. canvass all the results for president
and vice-president and thereafter
c. proclaim the winning candidates.
d. Period for opening certificates of canvass: not
later than thirty (30) days after the day of the
election,
POLITICAL LAW
c. Provincial Board of Canvassers. –
i. Chairman- Provincial Election Supervisor or a
senior lawyer in the regional office of the
Commission,
ii. Vice Chairman- Provincial Fiscal
iii. Members
- provincial superintendent of schools, and
- one representative from each of the ruling
party and the dominant opposition political
party in the constituency concerned entitled
to be represented
b. City board of canvassers.
i. Chairman-city election registrar or a lawyer of
the Commission
ii. Members
- the city fiscal and the city superintendent of
schools, and
- one representative from each of the ruling
party and
- the dominant opposition political party
entitled to be represented, as members.
c. District board of canvassers of Metropolitan Manila
i. Chairman- lawyer of the Commission and
ii. Members
- a ranking fiscal in the district and
- the most senior district school supervisor in
the district to be appointed upon consultation
with the Ministry of Justice and the Ministry of
Education, Culture and Sports, respectively,
and
- one representative from each of the ruling
party and
- the dominant opposition political party in the
constituency concerned
d. Municipal board of canvassers.
i. Chairman- the election registrar or a
representative of the Commission
ii. Members
- the municipal treasurer,
- the district supervisor
- or in his absence any public school principal in
the municipality and
- one representative from each of the ruling
party and the dominant opposition political
party entitled to be represented
e. Board of canvassers for newly created political
subdivisions
- the Commission shall constitute a board of
canvassers and appoint the members thereof
for the first election in a newly created
province, city or municipality in case the
officials who shall act as members thereof
have not yet assumed their duties and
functions
 ELECTION LAW POLITICAL LAW

JURISDICTION OF THE COMELEC OVER BOARD OF furnishing the COMELEC in Manila a certified copy and
CANVASSERS to make available copies to the media and other
1. COMELEC has direct control and supervision over the interested parties.
board of canvassers. Any member of the Board may, at
any time, be relieved for cause and substituted motu 4. The Board of Canvassers must resume canvassing once
propio by the COMELEC. (Sec. 227, B.P. 881) more returns are received.
2. COMELEC has the power to investigate and act on the
propriety or legality of the canvass of election returns 5. The canvass proceedings must be open and in public.
made by the board of canvassers.
6. A majority vote of all the members of the Board of
DUTIES OF THE BOARD OF CANVASSERS Canvassers is needed in order to render a decision.
1. To compile and add the results as they appear in the (Sec. 231, Omnibus Election Code)
election returns transmitted to it. (Guiao v. COMELEC,
137 SCRA 366) PERIOD TO COMPLETE CANVASS
2. During the canvass, the Board of Canvassers prepares Subject to reasonable exceptions, the Board of Canvassers is
the Statement of Voters, which is tabulation per required to complete their canvass within the following
precinct of the votes obtained by the candidates as periods:
reflected in the election returns.
Period to Complete Canvass
The Statement of Votes forges the basis of the Municipalities 36 hours
certificate of canvass and of the proclamation. Cities not
comprising at 36 hours
MINISTERIAL DUTIES OF THE BOARD OF least 1 legislative
CANVASSERS
district
• No irregularities in the election returns: The duty of
Cities comprising
the Board in canvassing the votes on the election 48 hours
at least 1
returns submitted to it consists in the simple matter of
legislative district
arithmetic. And once the COMELEC or the board of
Provinces 72 hours
canvassers is satisfied in the authenticity of the returns,
it has no power to look beyond the face thereof, and its
task of tallying is merely ministerial. XI. Remedies and
• With error in the computation discovered after Jurisdiction in
proclamation: the board of canvassers can simply
correct the error; the remedy being purely Election Law
administrative.
A. PETITION TO DENY DUE COURSE OR
QUASI-JUDICIAL DUTIES OF THE BAORD OF CANVASSERS TO CANCEL A CERTIFICATE OF
The board of canvassers must be satisfied that the election CANDIDACY
returns submitted to it are genuine and authentic. Thus, the GROUNDS FOR FILING:
board of canvassers will not be compelled to canvass the 1. False material representation in the certificate of
returns when they are found to be: candidacy on any of the contents required under
1. Obviously manufactured; Section 74 of the Omnibus Election Code.
2. Contrary to probabilities; 2. If the certificate filed is a substitute Certificate of
3. Clearly falsified; or Candidacy, when it is not a proper case of substitution
4. Not legible under Sec. 77 of BP 881 (Sec. 2, Rule 24, COMELEC
Rules of Procedure)
CONDUCT OF CANVASS
1. The Board of Canvassers must meet not later than 6:00 NATURE OF THE PROCEEDINGS
p.m. on election day to receive the election returns and Proceedings for cancellation or denial of due course of a
canvass those received. certificate of candidacy are summary in nature.

2. The Board of Canvassers must meet continuously from
day to day until the canvass is completed. The Board of
Canvassers may adjourn ONLY for the purpose of
awaiting other election returns.
3. When it adjourns, it shall make a total of all votes
canvassed so far for each candidate for each office
Procedure for Cancellation of certificate of candidacy
Who may file Any citizen of voting age, or
A duly registered political party,
organization, or coalition of political
parties
When filed Within 25 days from the last day for
 ELECTION LAW
the filing of certificates of candidacy
(Sec. 79, Omnibus Election Code)
Where filed With the Law Department of the
COMELEC
CANCELLATION OF CERTIFICATE OF
CANDIDACY BY THE COMELEC
(NUISANCE CANDIDATE)
1. The Commission may motu proprio or upon a verified
petition of an interested party, refuse to give due
course to or cancel a certificate of candidacy if the
following situations are extant:
if it is shown that said certificate has been filed to put
the election process in mockery or disrepute; or
2. if said certificate was filed to cause confusion among
the voters by the similarity of the names of the
registered candidate; or
3. if there are other circumstances or acts which clearly
demonstrate that the candidate has no bona fide
intention to run for the office for which the certificate
of candidacy has been and thus prevent a faithful
determination of the true will of the electorate
B. DISQUALIFICATION CASES
Procedure for Cancellation of certificate of candidacy
Who may file Any citizen of voting age, or
A duly registered political party,
organization, or coalition of political
parties
When filed Any day after the last day for filing
of certificates of candidacy, but not
later than the date of proclamation
Where filed With the Law Department of the
COMELEC
EFFECTS OF DISQUALIFICATION
After final judgment
Any candidate declared by final judgment to be disqualified
shall not be voted for, and the votes cast for him shall not be
counted.
Before final judgment.
If a candidate is not declared by final judgment before an
election to be disqualified and he is voted for and receives
the winning number of votes in such election, the Court or
Commission shall continue with the trial and hearing of the
action, inquiry, or protest and, upon motion of the
complaint or any intervenor, may, during the pendency
thereof, order the suspension of the proclamation of such
candidate whenever the evidence of his guilt is strong.
Suspension of proclamation/continuation of hearing: the
Commission may legally suspend the proclamation of the
winning candidate even if he received the winning number
of votes. (Labo, Jr. v. Commission on Elections)
POLITICAL LAW
Note: the use of the word “may” indicates that the
suspension is merely permissive. What is mandatory though,
under this provision is the continuation of the trial and
hearing of the action, inquiry or protest.
Purpose of disqualification proceeding
To prevent the candidate from running or, if elected, from
serving, or to prosecute him for violation of the election
laws.
PRINCIPLE OF REJECTION OF SECOND
PLACER
The fact that the candidate who obtained the highest
number of votes is later declared to be disqualified or not
eligible for the office to which he was elected, does not
necessarily entitle the candidate who obtained the second
highest number of votes to be declared the winner of the
elective office.
The candidate obtaining the second highest number of votes
for the contested office could not assume the office despite
the disqualification of the first placer because the second
placer was “not the choice of the sovereign will.” Surely, a
minority or defeated candidate could not be deemed
elected to the office. (Talaga vs. Commission on Elections)
EXCEPTION TO SECOND-PLACER DOCTRINE
The only time that a second placer is allowed to take the
place of a disqualified winning candidate is when 2
requisites concur, namely:
(a) the candidate who obtained the highest number
of votes is disqualified; and
(b) the electorate was fully aware in fact and in law of
that candidate’s disqualification as to bring such
awareness within the realm of notoriety but the
electorate still cast the plurality of the votes in
favor of the ineligible candidate.
Under this sole exception, the electorate may be said to
have waived the validity and efficacy of their votes by
notoriously misapplying their franchise or throwing away
their votes, in which case the eligible candidate with the
second highest number of votes may be deemed elected.
C. FAILURE OF ELECTION
A special action and the declaration of which falls sunder the
exclusive jurisdiction of the COMELEC sitting En Banc.
WHEN MAY FAILURE OF ELECTION BE DECLARED
1. When election in any polling place has not been held
on the date fixed;
2. When election has been suspended before the hour
fixed by law for the closing of the voting; or
3. When after the voting and during the preparation
and the transmission of the election returns or in the
custody, or canvass thereof, the same results in a
failure in the election on account of:
a. force majeure,
 ELECTION LAW POLITICAL LAW

b. violence,
c. terrorism,
d. fraud or
e. other analogous causes.
(Sec.6, Omnibus Election Code) Procedure for filling a petition to Declare Failure of
Elections
REQUISITES FOR DECLARATION OF FAILURE OF
ELECTION
1. No voting has taken place in the precincts concerned Petitioner files verified petition with the Law
on the date fixed by law, or even if there was voting, Department of the COMELEC.
the election nonetheless resulted in a failure to elect;
and
2. The votes cast would affect the results of the election.
(Mitmug v. COMELEC, 230 SCRA 54) Unless a shorter period is deemed necessary by
circumstances, within 24 hours, the Clerk of Court
concerned serves notices to all interested parties,
Call of special election indicating therein the date of hearing, through the
fastest means available.
• For vacancies in the Batasang Pambansa eighteen
months or more before a regular election: the
Commission shall call a special election to be held
Unless a shorter period is deemed necessary by the
within sixty days after the vacancy occurs to elect the circumstances, within 2 days from receipt of the notice
Member to serve the unexpired term. of hearing, any interested party may file an opposition
with the Law Department of the COMELEC.
• Dissolution of the Batasang Pambansa: The President
shall call an election which shall not be held earlier than
forty-five nor later than sixty days from the date of such The COMELEC proceeds to hear the petition.
dissolution then the Commission shall send sufficient The COMELEC may delegate the hearing of the
copies of its resolution for the holding of the election to case and the reception of evidence to any of its
officials who are members of the Philippine Bar.
its provincial election supervisors and election
registrars for dissemination, who shall post copies
thereof in at least three conspicuous places preferably
where public meetings are held in each city or The COMELEC then decides whether to grant or
municipality affected. (Sec. 7, Omnibus Election Code) deny the petition. This lies within the exclusive
prerogative of the COMELEC.

D. PRE-PROCLAMATION CONTROVERSY
Refers to any question or matter pertaining to or affecting
the proceedings of the board of canvassers, or any matter
raised under Sec. 233-236 of BP 881 in relation to the
preparation, transmission, receipt, custody and appreciation
of the election returns. (Sec. 241, BP 881)
1. Delayed, lost or destroyed election returns (Sec. 233,
Omnibus Election Code)
2. Material defects in election returns (Sec. 234, Omnibus
Election Code)
3. Tampered with, altered or falsified election returns
(Sec. 235, Omnibus Election Code)
4. Discrepancies in election returns (Sec.236, Omnibus
Election Code)

WHEN NOT ALLOWED

Pre-proclamation controversies on matters relating to the
preparation, transmission, receipt, custody and appreciation
of the election returns or the certificates of canvass, are not
allowed for the following positions:
1. President
2. Vice President
3. Senator
 ELECTION LAW
4. Member of the House of Representatives
(Sec. 15, R.A. 7166)
Note: However, this does not preclude the authority of the
appropriate canvassing body motu propio or upon written
complaint of an interested person to correct manifest errors
in the certificate of canvass or election returns before it.
Nature of the proceedings
• Summary Proceeding heard summarily by the COMELEC
after due notice and hearing.
Reason: This is because canvass and proclamation
should be delayed as little as possible. Questions which
require more deliberate and necessarily longer
consideration are left for examination in the
corresponding election protest. (Sison v. COMELEC, G.R.
No. 134096. March 3, 1999)
• Parties adversely affected by a ruling of the board of
canvassers on questions affecting the composition or
proceedings of the board may appeal the matter to the
Commission with 3 days from a ruling thereon. The
Commission shall summarily decide the case within 5
days from the filling thereof (Sec 19 RA 7166)
ISSUES THAT MAY BE RAISED
Illegal composition or proceedings of the board of election
canvassers
1. Canvassed election returns are either:
a. incomplete
b. contain material defects
c. appear to be tampered with or falsified
d. contain discrepancies in the same returns or in
other authentic copies
2. The election returns were:
a. prepared under duress, threats, coercion,
intimidation or
b. obviously manufactured or not authentic
3. Substituted or fraudulent returns in controverted
polling places were canvassed, the results of which
materially affected the standing of the aggrieved
candidate(s)
4. Manifest errors in the Certificates of Canvass or
Election Returns (Sec. 15, R.A. 7166; Chavez v.
COMELEC, 211 SCRA 315)
NOTE: The enumeration is restrictive and exclusive. The
complete election returns whose authenticity is not
questioned must be prima facie considered valid for
purposes of canvass and proclamation. To allow a re-count
or a re-appreciation of the votes in every instance would
paralyze canvass and proclamation.
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ISSUES THAT CANNOT BE RAISED
Jurisprudence has held that the following issues are not
proper in a pre-proclamation controversy:
1. Appreciation of ballots, as this is performed by the
Board of Election Inspectors at the precinct level and is
not part of the proceedings of the Board of Canvassers
(Sanchez v. COMELEC, 153 SCRA 67, reiterated in
Chavez v. COMELEC, 211 SCRA 315)
2. Technical examination of the signatures and thumb
marks of voters (Balindong v. COMELEC, 260 SCRA 494;
Matalam v. COMELEC, 271 SCRA 733)
3. Prayer for re-opening of ballot boxes (Alfonso v.
COMELEC, G.R. No. 107847, June 2, 1994)
4. Padding of the Registry List of Voters of a municipality,
massive fraud and terrorism (Ututalum v. COMELEC,
181 SCRA 335)
5. Challenges directed against the Board of Election
Inspectors (Ututalum v. COMELEC, 181 SCRA 335)
6. Fraud, terrorism and other illegal electoral practices.
These are properly within the office of election contests
over which electoral tribunals have sole, exclusive
jurisdiction. (Loong v. COMELEC)
PROCEDURE
The procedure for filing a pre-proclamation controversy
depends on the issue being raised:
Procedure for filing a pre-proclamation controversy
(a) Questions involving the composition or proceedings of
the board of canvassers, or correction of manifest errors
Where The controversy may be initiated either in the
Board of Canvassers or directly with the
COMELEC. (Sec. 17, R.A. 7166)
When It depends
1. If petition involves the illegal composition or
proceedings of the board, it must be filed
immediately when the board begins to act as
such, or at the time of the appointment of
the member whose capacity to sit as such is
objected to if it comes after the canvassing of
the board, or immediately at the point where
the proceedings are or begin to be illegal.
(Laodeno v. COMELEC, 276 SCRA 705)
Otherwise, by participating in the
proceedings, the petitioner is deemed to
have acquiesced in the composition of the
Board of Canvassers.
2. If the petition is for correction, it must be
filed not later than 5 days following the date
of proclamation, and must implead all
candidates who may be adversely affected
 ELECTION LAW
thereby. (Sec. 5(b), Rule 27, COMELEC Rules
of Procedure)
PROCEDURE
If filed with the Board first:
1. Petitioner submits his / her objection to the
chairman of the board of canvassers.
2. The Board makes its ruling.
3. Within 3 days from the ruling, the parties
adversely affected may appeal the matter to the
COMELEC.
4. Upon appeal, the COMELEC shall summarily decide
the case within 5 days from the filing thereof. (Sec.
19, R.A. 7166)
If initiated directly with the COMELEC
1. Petitioner files petition with the COMELEC.
2. Upon the docketing of such petition, the Clerk of
Court concerned shall issue summons with a copy
of the petition to respondents.
3. The Clerk of Court concerned shall immediately set
the petition for hearing. The COMELEC shall hear
and decide the petition en banc.
• The Board of Canvassers shall not commence, proceed
or resume canvass unless otherwise ordered by the
COMELEC. (Sec. 5, Rule 27, COMELEC Rules of
Procedure)
(b) Matters relating to the preparation, transmission,
receipt, custody and appreciation of the election returns and
certificates of canvass
Where Only with the Board of Canvassers
When At the time the questioned return is presented for
inclusion in the canvass.
Who Any candidate, political party or coalition of
political parties
Procedure
1. The contesting party makes an oral objection to the
chairman of the Board of Canvassers at the time the
questioned return is presented for inclusion in the
canvass. Such objection is recorded in the minutes of
canvass. Simultaneous with the oral objection, the
objecting party enters his objection in the form for
written objections prescribed by the COMELEC.
2. Upon receipt of such objection, the Board automatically
defers the canvass of the contested returns and
proceeds to canvass the returns which are not
contested by any party.
3. Within 24 hours from and after the presentation of
such objection, the objecting party submits the
evidence in support of the objection, which shall be
attached to the form for written objections.
Within the same 24-hour period, any party may file a
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written and verified opposition to the objection in the
prescribed COMELEC form, attaching supporting
evidence, if any. The Board shall not entertain any
objection or opposition unless reduced to writing in the
prescribed forms.
4. The Board chairman immediately and formally admits
the evidence attached to the objection or opposition by
affixing his signature at the back of each and every page
thereof.
5. Upon receipt of the evidence, the Board considers the
objection and the opposition, and summarily rules on
the objection. The Board then enters its ruling on the
prescribed form and authenticates the same by
entering the signatures of all its members.
6. The parties adversely affected by the ruling
immediately inform the Board if they intend to appeal
the ruling. Such information is then entered in the
minutes of canvass.
7. The Board then sets aside the returns and proceeds to
consider the other returns. The Board then suspends
the canvass after all the uncontested returns have been
canvassed and the contested return ruled upon by it.
8. Within 48 hours from the ruling, the party adversely
affected files a written and verified notice of appeal
with the Board. The party then files an appeal with the
COMELEC within a non-extendible period of 5 days
thereafter.
9. Immediately upon receipt of the notice of appeal, the
Board makes an appropriate report to the COMELEC,
elevating therewith the complete records and evidence
submitted in the canvass, and furnishing the parties
with copies of the report.
10. The COMELEC summarily decides the appeal within 7
days from receipt of the record and evidence elevated
to it by the Board.
11. The COMELEC's decision becomes executory after the
lapse of 7 days from receipt thereof by the losing party.
12. The COMELEC then authorizes the Board of Canvassers
to proceed with the proclamation of the winner. Any
proclamation made without COMELEC authorization is
void ab initio, unless the contested returns do not
adversely affect the results of the election. (Sec. 20,
R.A. 7166)
NOTE: Mandatory procedure and non-compliance would be
fatal to the pre-proclamation petition.
EFFECT OF FILING PRE-PROCLAMATION CONTROVERSIES
 ELECTION LAW POLITICAL LAW

The period to file an election contest shall be SUSPENDED Before proclamation of After proclamation of
during the pendency of the pre-proclamation contest in the candidate candidate
COMELEC or the Jurisdiction of COMELEC is Jurisdiction of COMELEC is
Supreme Court. (Sec. 248, Omnibus Election Code) administrative/quasi- judicial
judicial
EFFECT OF THE PROCLAMATION OF WINNING CANDIDATE It is governed by the It is governed by the
• A pre-proclamation controversy shall no longer be viable requirements of requirements of judicial
after the proclamation and assumption into office by the administrative due process process
candidate whose election is contested. The remedy is an
election protest before the proper forum. (Mayor v. JURISDICTION OVER ELECTION CONTESTS
COMELEC, January 1989)
1. Supreme Court sitting as the Presidential Electoral
Tribunal
•The prevailing candidate may still be unseated
The Supreme Court, sitting en banc, shall be the sole
even though he has been proclaimed and installed in office
judge of all contests relating to the election, returns,
if:
and disqualifications of the President, Vice-President,
i. The opponent is adjudged the true winner of the and may promulgate its rules for such purpose. (Art.
VII, Sec. 4, 1987 Constitution)
election by final judgment of court in an election
contest;
2. Electoral Tribunals of the Senate and House
ii. The prevailing party is declared ineligible or
of Representatives
disqualified by final judgment of a court in a quo
The Senate and the House of Representatives have
warranto case; or
their own electoral tribunals.
iii. The incumbent is removed from office for cause.
COMPOSITION OF SENATE OR HOUSE OF
E. ELECTION PROTEST REPRESENTATIVE ELECTORAL TRIBUNAL
Adversarial proceedings by which matters involving the title
or claim to an elective office, made before or after Each electoral tribunal has 9 members:
proclamation of the winner, is settled whether or not the a. 3 Supreme Court Justices,
contestant is claiming the office in dispute. (Javier v. b. 6 members of the Senate or House of
Commission on Elections, 144 SCRA 194 (1986) ) Representatives, as the case may be,
c. chosen on the basis of proportional representation
PURPOSE from the political parties and the parties or
To ascertain the candidate lawfully elected to office. organizations registered under the party-list system
represented therein.
Nature of the proceeding (Art. VI, Sec. 17, 1987 Constitution)
• It is an ordinary action governed by Rule 20 of the Rules For purposes of election contests cognizable by the
of Procedure of the Comelec. (Banaga, Jr. v. Electoral Tribunals, the rules of procedure of such
Commission on Elections, 336 SCRA 701 (2000)) tribunals shall prevail over the provisions of the
Omnibus Election Code. (Lazatin v. HRET, 168 SCRA 39)
Note: An En banc decision of the COMELEC in an
ordinary action becomes final and executory after 30 3. COMELEC
days from its promulgation.
Exclusive Original Jurisdiction
• An election contest is imbued with public interest. Over all election contests relating to the elections, returns,
• The election contest must be liberally construed to and qualifications of all elective:
favor the will of the people. An election contest may 1. Regional Officials;
not be defeated by mere technical objections. 2. Provincial Officials; and
• Until and unless the election protest is decided against 3. City Officials
him, a person who has been proclaimed as duly elected
has the lawful right to assume and perform the duties Note: General Rule: Appeal for decisions in these cases may
and functions of the office. be taken to the Supreme Court (Section 7, Article IX of the
1987 Constitution).
PRE-PROCLAMATION CONTROVERSIES
Exception: Section 7, Article IX of the 1987 Constitution,
AND ELECTION PROTEST [COMPARATIVE
although it confers on the Court the power to review any
TABLE] decision, order or ruling of the COMELEC, limits such power
Pre-Proclamation Election Contest to a final decision or resolution of the COMELEC en banc,
Controversy and does not extend to an interlocutory order or even a final
 ELECTION LAW
resolution issued by a Division of the COMELEC (Cagas vs.
Commission on Elections).
The 1987 Constitution vested in the COMELEC broad powers
involving not only the enforcement and administration of all
laws and regulations relative to the conduct of elections but
also the resolution and determination of election
controversies. The breadth of such powers encompasses the
authority to determine the sufficiency of allegations
contained in every election protest and to decide based on
such allegations whether to admit the protest and proceed
with the hearing or to outrightly dismiss the protest. (Ibid)
The powers of the COMELEC are essentially executive and
administrative in nature, and this is the reason why the
question of whether or not there were terrorism, vote-
buying and other irregularities in the elections should be
ventilated in regular election protests. The COMELEC is not
the proper forum for deciding such protests. Accordingly, a
party seeking to raise issues, the resolution of which
compels or necessitates the COMELEC’s piercing the veil of
election returns that appear prima facie to be regular on
their face, has his proper remedy in a regular election
contest. (Suhuri vs. COMELEC)
Appellate Jurisdiction
Over all contests involving elective municipal officials
decided by trial courts of general jurisdiction (i.e., Regional
Trial Courts) or involving elective barangay officials decided
by trial courts of limited jurisdiction (i.e., the Municipal Trial
Courts).
When appeal is not allowed
Decisions, final orders, or rulings of the COMELEC on
election contests involving elective municipal and barangay
offices shall be final, executory and not appealable. (Sec. 2,
Art. IX-C, 1987 Constitution)
Note: This, however, does not preclude a recourse to the
Supreme Court by way of a special civil action for certiorari.
(Galido v. COMELEC, 193 SCFA 78)
4. Regional and Municipal Trial Courts
Exclusive original jurisdiction
Over election contests involving municipal and barangay
officials, respectively.
Note: Cases involving qualifications of candidates for the
Sangguniang Kabataan filed before the election are decided
by the Election Officer, while those filed after the election
are decided by the MTCs. (Nachura, p. 389)
POWER OF THE COMELEC OVER ELECTION CONTESTS
• The power of COMELEC to decide election cases includes
the power to determine the validity or nullity of votes.
• The COMELEC has the power to issue writs of certiorari,
prohibition, and mandamus. However, this power can
POLITICAL LAW
only be exercised in aid of its appellate jurisdiction.
(Relampagos v. Cumba, 243 SCRA 690)
PROCEDURE FOR ELECTION CONTESTS
Election Contest
Who may Any candidate who has filed a certificate
file of candidacy and has been voted upon for
the same office, and who has not himself
caused or contributed to the irregularities
or frauds of which he complains
Grounds Fraud, terrorism, irregularities or illegal
acts committed before, during or after
the casting and counting of votes
Period for Within 10 days from proclamation of the
filing results of the election
Where, after 5 days from the
proclamation of the winning candidate,
the loser files a motion for
reconsideration in the pre-proclamation
controversy, there are only 5 days which
remain of the period within which to file
an election protest. (Roquero v.
COMELEC, 289 SCRA 150)
Procedure
a. For protests filed with the COMELEC 1
1. Protestant files a verified petition with the
COMELEC within 10 days from proclamation and
pays the required docket fees. Failure to pay the
basic docket fee will result in the dismissal of the
protest. (Gatchalian v. COMELEC, 245 SCRA 208)
2. The Clerk of Court of the COMELEC or the division
concerned issues the corresponding summons to
the protestee within 3 days from the filing of the
petition
3. Protestee must file an answer within 5 days from
service of summons and a copy of the petition. The
protestee may incorporate in his answer a counter-
protest or counterclaim.
The COMELEC may not entertain a counter-protest
filed beyond the reglementary period to file the
same. (Kho v. COMELEC, G.R. No. 124033, Sept. 25,
1997)
4. Protestant has 5 days from receipt of the answer or
answer with counterclaim or counter-protest to file
his reply or answer to counter-protest or
counterclaim, respectively.
If no answer is filed to the protest or counter-
protest, a general denial is deemed to have been
entered.
 ELECTION LAW
5. After the issues have been joined, the case shall be
set for hearing and presentation and reception of
evidence.
6. After the case has been submitted for decision, the
COMELEC shall render its decision. If the case is
being heard by a Division, the case shall be decided
within 10 days. If it is being heard by the COMELEC
en banc, it shall be decided within 30 days.
7. The decision of a division becomes final and
executory after the lapse of 15 days following its
promulgation. The aggrieved party may file a timely
motion for reconsideration within 5 days from
promulgation of the decision on the grounds that
the evidence is insufficient to justify the decision; or
that the said decision is contrary to law.
For the COMELEC en banc, the decision becomes
final and executory 30 days from its promulgation.
c. For protests filed with the Regional Trial Court
(Rule 35, COMELEC Rules of Procedure)
1. Protestant files a verified petition with the RTC
within 10 days from proclamation.
2. Filing of answer: Protestee must file an answer
within 5 days after receipt of notice of the filing of
the petition and a copy of the petition.
Should the protestee desire to impugn the votes
received by the protestant in other precincts, he
may file a verified counter-protest within the same
period fixed for the filing of the answer.
3. Filing of Counter-Protest: Protestant has 5 days
from receipt of the counter-protest to file his
answer to such counter-protest.
4. Filing of Intervention: Any other candidate for the
same office may intervene in the case within 5 days
from filing of the protest by filing a verified petition-
in-intervention.
5. Filing of answer to protest-in-intervention: The
protestant or protestee shall answer the protest-in-
intervention within 5 days after notice.
6. If no answer is filed to the protest, counter-protest
or protest-in-intervention within the specified time
limits, a general denial is deemed to have been
entered.
7. After the issues have been joined, the case shall be
set for hearing.
Period for presentation of evidence: Presentation
POLITICAL LAW
and reception of evidence shall be completed
within 30 days from the date of the
commencement thereof.
8. Rendition of decision: The Court shall decide the
election contest within 30 days from the date it is
submitted for decision, but in every case within 6
months after its filing. Such decision shall declare
who among the parties has been elected, or in a
proper case, that none of them has been legally
elected.
9. Finality of decision: The decision becomes final 5
days after its promulgation. No motion for
reconsideration shall be entertained.
10. Filing of Appeal: The aggrieved party may appeal the
decision to the COMELEC, by filing a notice of
appeal within 5 days from promulgation of the
decision.
F. QUO WARRANTO
Quo Warranto
Who may Any registered voter in the constituency
file
Grounds Ineligibility or disloyalty to the Republic of
the Philippines
Period for Within 10 days from proclamation of the
filing results of the election
(Sec. 253, Omnibus Election Code)
Award of damages
Actual or compensatory damages may be granted in all
election contests or in quo warranto proceedings in
accordance with law. (Sec. 259, Omnibus Election Code)
PREFERENTIAL DISPOSITION OF CONTESTS
General Rule: Courts shall give preference to election
contests over all other cases.
Exception: Habeas corpus cases.
Period to decide: Court shall without delay, hear and, within
thirty days from the date of their submission for decision,
but in every case within six months after filing, decide the
same.
X. Prosecution of
Election Offenses
ELECTION OFFENSES
The various election offenses are enumerated primarily
under Sec. 261 of B.P. 881. However, other election laws
 ELECTION LAW
provide for other election offenses. Some of the more
significant offenses include the following:
Election Offenses
Registration
1. Failure of the Board of Election Inspectors to post the
list of voters in each precinct. (Sec. 9, R.A. 7166)
2. Change or alteration or transfer of a voter's precinct
assignment in the permanent list of voters without
the express written consent of the voter (Sec. 4, R.A.
8189)
Certificate of Candidacy
1. Continued misrepresentation or holding out as a
candidate of a disqualified candidate or one declared
by final and executory judgment to be a nuisance
candidate (Sec. 27f, R.A. 6646)
3. Knowingly inducing or abetting such
misrepresentation of a disqualified or nuisance
candidate (Sec. 27f, R.A. 6646)
4. Coercing, bribing, threatening, harassing,
intimidating, terrorizing, or actually causing, inflicting
or producing violence, injury, punishment, torture,
damage, loss or disadvantage to discourage any other
person or persons from filing a certificate of
candidacy in order to eliminate all other potential
candidates from running in a special election (Sec. 5,
R.A. 8295)
Election Campaign
1. Appointment or use of special policemen, special
agents or the like during the campaign period (Sec.
261m, B.P. 881)
2. Use of armored land, water or aircraft during the
campaign period (Sec. 261r, B.P. 881)
3. Unlawful electioneering (Sec. 261k, B.P. 881)
4. Acting as bodyguards or security in the case of
policemen and provincial guards during the campaign
period (Sec. 261t, B.P. 881)
5. Removal, destruction, obliteration, or tampering of
lawful election propaganda, or preventing the
distribution thereof (Sec. 83, B.P. 881 vis-à-vis Sec.
262, B.P. 881)
Voting
1. Vote-buying and vote-selling (Sec. 261a, B.P. 881)
2. Conspiracy to bribe voters (Sec. 261b, B.P. 881)
A disputable presumption of a conspiracy to bribe
voters is created when there is proof that at least 1
voter in different precincts representing at least 20%
POLITICAL LAW
of the total precincts in any municipality, city or
province has been offered, promised or given money,
valuable consideration or other expenditure by a
candidate's relatives, leaders and/or sympathizers for
the purpose of promoting the election of such
candidate. (Sec. 28, R.A. 6646)
3. Coercion of subordinates to vote for or against any
candidate (Sec. 261d, B.P. 881)
4. Dismissal of employees, laborers, or tenants for
refusing or failing to vote for any candidate (Sec.
261d(2), B.P. 881)
5. Being a flying voter (Sec. 261z (2), B.P. 881)
Counting of Votes
1. Tampering, increasing, decreasing votes, or refusal to
correct tampered votes after proper verification and
hearing by any member of the board of election
inspectors (Sec. 27b, R.A. 6646)
2. Refusal to issue to duly accredited watchers the
certificate of votes cast and the announcement of the
election, by any member of the board of election
inspectors (Sec. 27c, R.A. 6646)
Canvassing
Any chairperson of the board of canvassers who fails to
give notice of meeting to other members of the board,
candidate or political party as required (Sec. 27e, R.A.
6646)
Acts of government or public officers
1. Appointment of new employees, creation of new
positions, promotion, or giving salary increases within
the election period (Sec. 261g, B.P. 881)
2. Transfer of officers and employees in the civil service
within the election period without the prior approval
of the COMELEC (Sec. 261h, B.P. 881)
Other prohibitions
1. Unauthorized printing of official ballots and election
returns with printing establishments that are not
under contract with the COMELEC (Sec. 27a, R.A.
6646)
2. Wagering upon the results of elections (Sec. 261c,
B.P. 881)
3. Sale, etc. of intoxicating liquor on the day fixed by law
for the registration of voters in the polling place, or
the day before the election or on election day (Sec.
261dd (1), B.P. 881)
4. Opening booths or stalls within 30 meters of any
polling place (Sec, 261dd (2), B.P. 881)
 ELECTION LAW
5. Holding fairs, cockfights, etc. on election day (Sec.
261dd (3), B.P. 881)
6. Refusal to carry election mail during the election
period (Sec. 261dd (4), B.P. 881). In addition to the
prescribed penalty, such refusal constitutes a ground
for cancellation or revocation of certificate of public
convenience or franchise.
7. Discrimination in the sale of air time (Sec. 261dd (5),
B.P. 881) In addition to the prescribed penalty, such
refusal constitutes a ground for cancellation or
revocation of the franchise.
OTHER ELECTION OFFENSES UNDER RA 6646
1. Person who violated provisions against prohibited
forms of election propaganda
2. If the chairman of the BEI fails to affix his signature at
the back of the official ballot, in the presence of the
voter, before delivering the ballot to the voter. (under
RA 7166)
PRESCRIPTION
If the discovery of the offense be made in an election
contest proceeding, the period of prescription shall
commence on the date on which the judgment in such
proceedings becomes final and executory. (Sec. 267,
Omnibus Election Code)
JURISDICTION
General Rule: Regional trial court shall have the exclusive
original jurisdiction to try and decide any criminal action or
proceedings for violation of this Code
Exception: Metropolitan or Municipal Trial Code for offenses
relating to the failure to register or failure to vote which
shall be under the jurisdiction of the metropolitan or
municipal trial courts.
From the decision of the courts, appeal will lie as in other
criminal cases (Sec. 268, Omnibus Election Code)
THE POLICY OF NON-INTERFERENCE
General Rule: The COMELEC, as the body tasked by no less
than the 1987 Constitution to investigate and prosecute
violations of election laws, has the full discretion to
determine whether or not an election case is to be filed
against a person and, consequently, its findings as to the
existence of probable cause are not subject to review by
courts. (Guzman vs. Commission on Elections)
Exception: This policy of non-interference does not apply
where the COMELEC, as the prosecuting or investigating
POLITICAL LAW
body, was acting arbitrarily and capriciously, like herein, in
reaching a different but patently erroneous result. (Ibid)
ADDITIONAL NOTES
(Not Included in SC Syllabus)
SOURCES OF ELECTION LAW
1. 1987 Constitution
2. BP 881 (Omnibus Election Code)
3. RA 6646 (Electoral Reforms Law of 1987)
4. RA 6679 (Barangay Elections)
5. RA 6735 (Law Providing for Initiative and Referendum)
6. RA 7166 (1991 Synchronized Elections Law)
7. RA 7941 (Election of Party-List Representatives)
8. RA 8189 (Continuing Registration)
9. RA 8436 (Automated Election System)
10. RA 8524
11. RA 9006 (Fair Election Act of 2001)
Suffrage
Right and obligation of qualified citizens to vote:
1. In the election of certain national and local officials,
and
2. In the decision of public questions submitted to the
people.
SCOPE OF SUFFRAGE
Election
Means by which the people choose their officials for definite
periods and to whom they entrust, for the time being as
their representatives, the exercise of powers of government.
TYPES OF ELECTION
i. Regular election
Election participated in by those who possess the right of
suffrage and not disqualified by law and who are
registered voters
ii. Special election
When there is failure of election on the scheduled date
of regular election in a particular place or which is
conducted to fill up certain vacancies, as provided by law
(ex. To fill in vacancy in office before the expiration of
the term for which incumbent was elected)
Plebiscite
Submission of constitutional amendments or important
legislative measures to the people for ratification.
Referendum
Power of the electorate to approve or reject legislation
through an election called for the purpose. (Sec. 2c, R.A.
6735)
CLASSES OF REFERENDUM
i. Referendum on statutes
 ELECTION LAW
A petition to approve or reject an act or law, or part
thereof, passed by Congress; and
ii. Referendum on local law
A petition to approve or reject a law, resolution or
ordinance enacted by regional assemblies and local
legislative bodies
Initiative
Power of the people to propose amendments to the
Constitution or to propose and enact legislation through an
election called for the purpose. (Sec. 2a, R.A. 6735)
SYSTEMS OF REFERENDUM
i. Initiative on the Constitution
A petition proposing amendments to the Constitution;
ii. Initiative on statutes
A petition proposing to enact a national legislation;
iii. Initiative on local legislation
A petition proposing to enact a regional, provincial, city,
municipal or barangay law, resolution or ordinance
Note: There is no existing law yet that lays down the
sufficient guideline for proposing amendments to the
Constitution via people’s initiative. Note further that, R.A.
6735 was deemed sufficient for statutory amendments but
not Constitutional amendments. (Santiago v. COMELEC)
Recall
Termination of official relationship of a local elective official
for loss of confidence prior to the expiration of his term
through the will of the electorate.
“The power exercised by the registered voters of a local
government unit against their local elective official for loss
of confidence” Sec 69 – Local Government Code
POWERS AND FUNCTIONS OF THE COMELEC
1. Enforcement and administration of election laws and
regulations
2. Quasi-judicial powers
3. Decide all questions affecting elections
4. Deputize, with the concurrence of the President, law
enforcement agencies and instrumentalities of the
Government for the exclusive purpose of ensuring free,
orderly, honest, peaceful and credible elections
5. Register political parties, etc.
6. Accredit citizens' arms
7. Investigation and prosecution of cases of violation of
election laws
8. Filing of petitions in court for inclusion or exclusion of
voters
9. Recommendatory:
a. To Congress
Effective measures to minimize election spending,
including limitation of places where propaganda
materials shall be posted, and to prevent and
penalize all forms of election frauds, offenses,
malpractices, and nuisance candidates. (Art. IX-C,
Sec. 2, 1987 Constitution)
POLITICAL LAW
b. To the President
For removal of any officer or employee it has deputized
(Sec. 52a, Omnibus Election Code
10. Supervision / Regulation, for the duration of the
election period, of use of all franchises or permits for
operation of:
a. transportation and other public utilities;
b. media of communication or information;
c. all grants, special privileges, or concessions
granted by the Government or any
instrumentality thereof.
Date of election
There is a simultaneous conduct of elections for national
and local officials once every 3 years. Under R.A. 7166,
elections shall be held on the 2nd Monday of May.
1. President and Vice-President
elected on the same day every 6 years.
2. Senators, Elective Members of the House of
Representatives, and Elective Provincial, City and
Municipal Officials
same day every 3 years, except with respect to the
Senators, only 12 of whom shall be elected every 3
years.
3. Barangay Elections
Barangay and sangguniang kabataan elections shall be
held on the last Monday of October and every three (3)
years thereafter and the term of office of all barangay
and sangguniang kabataan officials after the effectivity
of this Act shall be three (3) years.
Provided that, no barangay elective official shall serve
for more than three (3) consecutive terms in the same
position (RA 9164)
Time of election
Must be fixed by the authoritative power. (i.e. the
Constitution; laws in the case of regular elections; the
executive or other designated power in the case of special
elections).
PLACE OF ELECTION
Shall be fixed by general law or by a proclamation or by the
notice by which the election is called. Such designated place
shall be mandatory. In case of emergencies which
necessitate the changing of a polling place, adequate
general notice must be given.
PRE-ELECTION REQUIREMENTS
1. Establishment of Precincts
The COMELEC shall establish all election precincts.
Each barangay shall have at least 1 such precinct. (Sec.
149, Omnibus Election Code)
The COMELEC may introduce adjustments, changes or
new divisions or abolish precincts if necessary. But no
 ELECTION LAW POLITICAL LAW

changes shall be introduced within 45 days before a Before the day of the election, referendum or
regular election and 30 days before a special election plebiscite, the Chairman of the COMELEC shall,
or referendum or plebiscite. (Sec. 149, Omnibus through its authorized representatives, see to it that
Election Code) all polling places are inspected and such omissions
and defects as may be found are corrected. (Sec. 163,
Where it is not practicable to divide a precinct by BP 881)
territory, the COMELEC may adjust or split the
precinct by assigning the registered voters POLITICAL PARTIES
alphabetically and equitably among the adjusted or
split precinct. The polling places of the said precincts
RIGHTS OF POLITICAL PARTIES
must be in the same building. (Sec. 8, R.A. 7166)
i. To be voted upon as a party, provided that it
is registered under the party-list system (Art.
2. Publication of Maps of Precincts
IX-C, Sec. 7, 1987 Constitution)
At least 5 days before the first registration day and
ii. To have a watcher in every Election
until after the election, referendum, or plebiscite, the
Registration Board (Sec. 15, R.A. 8189)
COMELEC shall post in the city or municipal hall and in
iii. To inspect and/or copy at its expense the
3 other conspicuous places and on the door of each
accountable registration forms and/or the list
polling place, a map of the city or municipality
of registered voters in the precincts
showing its division into precincts. Such maps shall be
constituting the constituency at which the
kept posted until after the election, referendum or
political party is fielding candidates (Sec. 42,
plebiscite. (Sec. 151, BP 881)
R.A. 8189)
iv. To have a watcher and/or representative in
3. Designation of polling places
the procurement and watermarking of papers
The COMELEC may introduce changes in the location
to be used in the printing of election returns
of polling places when necessary after notice to the
and official ballots and in the printing,
registered political parties and candidates affected if
numbering, storage and distribution thereof
any, and hearing. No location shall be changed within
(Sec. 8, R.A. 6646)
45 days before a regular election and 30 days before a
v. To have watchers who shall verify the
special election, referendum or plebiscite except
contents of the boxes containing the
when it is destroyed or it cannot be used. (Sec. 153,
shipment of official ballots, election returns
BP 881)
and sample official ballots received by the
provincial, city and municipal treasurers
4. Arrangements and Contents of Polling Places
Each polling place shall have at least 10 voting booths
Sec. 189, BP 881. Note that this privilege is
of such size, specifications and materials as the
only available to the ruling party and the
COMELEC may provide to enable the voters to fill out
dominant opposition party.
their ballots secretly. (Sec. 158, BP 881)
vi. To have one watcher in every polling place
and canvassing center (Sec. 26, R.A. 71660)
The polling place shall be so arranged that the booths,
vii. To be present and to have counsel during the
the table, the ballot boxes and the whole polling
canvass of the election returns (Sec. 25, R.A.
place, except what is being written within the booths,
6646)
shall be in plain view of the board of election
viii. To receive the 4th copy (if the dominant
inspectors, the watchers and other persons who may
majority party) or the 5th copy (if the
be within the polling place. (Sec. 159 (d), BP 881)
dominant minority party) of the election
returns (Sec. 27, R.A. 7166 as amended by
The COMELEC shall post inside each voting booth and
R.A. 8045 and R.A. 8173)
elsewhere in the polling place on the day before the
election, referendum, or plebiscite and during the
WHO MAY NOT BE REGISTERED AS A POLITICAL
voting period a list containing the names of all PARTY
candidates or the issues or questions to be voted for. 1. Religious denominations and sects
(Sec. 158; BP 881) 2. Those which seek to achieve their goals through
violence or unlawful means
There shall be a guard rail between the voting booths 3. Those which refuse to uphold and adhere to the
and the table for the Board of Election Inspectors. Constitution
(Sec. 159; BP 881) 4. Those supported by foreign governments (Art. IX-
C, Sec. 2 (5), 1987 Constitution; Sec. 61, BP 881)
5. Inspection of polling places
FORFEIITURE OF STATUS
 ELECTION LAW POLITICAL LAW

Any registered political party that, singly or in coalition with principal advocacy pertains to the special interest
others, fails to obtain at least 10% of the votes cast in the and concerns of their sector
constituency in which it nominated and supported a 3. Sectoral organizations, i.e. groups of citizens or
candidate or candidates in the election next following its coalitions of groups of citizens who share similar
registration shall, after notice and hearing be deemed to physical attributes or characteristics,
have forfeited such status as a registered political party in employment, interest or concerns
such constituency. (Sec. 60, BP 881) 4. Coalitions, i.e. aggrupations of duly registered
national, regional, sectoral parties or
CANCELLATION OF REGISTRATION organizations for political and/or election
The following are grounds for cancellation of registration of purposes (Sec 3,4, R.A 7941)
a political party:
• Parties, organizations or coalitions that are already
1. Accepting financial contributions from foreign registered with the COMELEC need not register anew.
governments or their agencies (Art. IX-C, Sec. 2 (5), However, should they wish to participate in the party-
1987 Constitution) list system, they must file with the COMELEC a
2. The party is a religious sect or denomination, manifestation of such desire to participate not later
organization or association organized for religious than 120 days before the election. (Sec. 4, R.A. 7941, as
purposes amended by Sec. 11, R.A. 8436)
3. The party advocates violence or unlawful means to
seek its goal PROCEDURE
4. The party is a foreign party or organization
5. The party is receiving support from any foreign Petition
government, foreign political party, foundation, Petition verified by the party/ organization/ coalition's
organization, whether directly or through any of president or secretary. The petition must state its desire to
its officers or members or indirectly through third participate in the party-list system as a national, regional or
parties for partisan election purposes sectoral party or organization or a coalition of such parties
6. The party violates or fails to comply with laws, or organizations.
rules or regulations relating to elections
7. The party declares untruthful statements in its When
petition for registration Not later than 90 days before the election
8. The party has ceased to exist for at least 1 year
9. The party fails to participate in the last 2 preceding Attachments:
elections 1. Constitution
10. If registered under the party-list system, the party 2. By-laws;
fails to obtain at least 2% of the votes in the 2 3. Platform or program of government
preceding elections for the constituency in which 4. List of officers
it has registered. (Sec. 6 (1), R.A. 7941) 5. Coalition agreement (as applicable)
11. Under the party-list system, the COMELEC may 6. Other relevant information as may be required by the
refuse or cancel registration either motu propio or COMELEC
upon verified complaint of any interested party,
after due notice and hearing. After due notice and hearing, the COMELEC shall resolve the
petition within 15 days from the date it was submitted for
Party-list system decision, but not later than 60 days before election. (Sec. 5,
A mechanism of proportional representation in the election R.A. 7941)
of representatives to the House of Representatives from
national, regional and sectoral parties or organizations or GROUNDS FOR REFUSAL/CANCELLATION
coalitions thereof registered with the COMELEC. 1. Accepting financial contributions from foreign
Component parties or organizations of a coalition may governments or their agencies
participate independently, provided the coalition of which
they form part does not participate in the party-list system. 2. The party is a religious sect or denomination,
(Sec. 3, R.A. 7941) organization or association organized for religious
purposes
WHO MAY REGISTER
1. Political parties 3. The party advocates violence or unlawful means to
2. Sectoral parties, i.e. organized groups of citizens seek its goal
belonging to the labor, peasant, fisherfolk, urban
poor, indigenous cultural communities, elderly, 4. The party is a foreign party or organization
handicapped, women, youth, veterans, overseas
workers, and professional sectors, and whose
 ELECTION LAW POLITICAL LAW

5. The party is receiving support from any foreign
government, foreign political party, foundation,
organization, whether directly or through any of its
officers or members or indirectly through third parties
for partisan election purposes
6. The party violates or fails to comply with laws, rules or
regulations relating to elections
6. The list cannot include any candidate for any elective
office or any person who has lost his bid for an elective
office in the immediately preceding election.
7. Changes of name or alterations in the order of
nominees are generally not allowed after the list has
been submitted to the COMELEC. However, these
may be allowed when the nominee either:

7. The party declares untruthful statements in its petition a. Dies

for registration b. Withdraws his nomination in writing
c. Becomes incapacitated in which case the substitute
8. The party has ceased to exist for at least 1 year nominee shall be placed last in the list
9. The party fails to participate in the last 2 preceding
elections VOTING PROPER
10. If registered under the party-list system, the party fails
i. Voter must vote in person.
to obtain at least 2% of the votes in the 2 preceding
The voter must personally deposit his ballot.
elections for the constituency in which it has registered.
By the principle that what is done in one’s presence and by
his express direction is, in law, his act, an infirm or aged
The COMELEC may refuse or cancel registration either motu
voter may undoubtedly employ another to perform the
proprio or upon verified complaint of any interested party,
mechanical act of depositing in the voter’s presence the
after due notice and hearing. (Sec. 6, R.A. 7941)
ballot which the latter has himself selected.
NOMINATION OF PARTY-LIST REPRESENTATIVES
ii. Voter must vote but once.
Each registered party, organization or coalition shall submit
Each voter shall vote but once, at any election, for each
to the COMELEC a list of not more than 5 names from which
office or measure to be voted for.
party-list representatives shall be chosen in case it obtains
the required number of votes. This list must be submitted
iii. Voter need not vote the whole ticket.
not later than 45 days before the election. (Sec. 8, R.A. 794)
It is entirely optional with the voter whether he will vote at
all or not, and he may vote for such offices as he chooses
The nomination of party-list representatives is subject to the
and for such of the several persons to be chosen to the
following limitations:
same office as he prefers.
1. The nominee must have all of the qualifications and
none of the disqualifications for the exercise of the
ABSENTEE VOTING
right of suffrage. Moreover, he/she must be a
Under RA 7166, absentee voting as provided for in EO 157
registered voter, able to read and write, and at least 25
shall apply to the elections for President, Vice-President, and
years on the day of the election.
Senators ONLY and shall be limited to:
In case of youth sector nominees, such nominees must
1 Members of the AFP
be at least 25 but not more than 30 yrs. old on the day
2 Members of the PNP
of the election. (Sec. 9, RA. 7941)
3 Other government officers and employees
2. The nominee must be a bona fide member of the party
Who are duly registered voters and who, on election day,
or organization which he/she seeks to represent for at
may temporarily be assigned in connection with the
least 90 days preceding the day of the election.
performance of their election duties to places where they
are not registered voters.
3. An elected party-list representative who changes his
political party or sectoral affiliation within 6 months
BLOCK VOTING
before an election is not eligible for nomination as
• There is no longer block voting under current Philippine
party-list representative under his new party or
Election Laws, having been expressly prohibited by Art.
organization.
IX-C, Sec. 7 of the 1987 Constitution.
4. A person may be nominated in 1 list only.
• However, it must be noted that under the party-list
5. Only persons who have given their consent in writing system, votes may be counted in favor of political
may be named in the list. parties, organizations or coalitions rendered under said
system. This, in a way, may be construed as the
exception to the prohibition on block voting.
 ELECTION LAW
VOTING HOURS
General rule: The casting of votes shall be at 7 a.m. and shall
end at 3 p.m.
Exception: When there are voters present within 30 meters
in front of the polling place who have not yet cast their
votes, in which case the voting shall continue but only to
allow said voters to cast their votes without interruption.
The poll clerk shall prepare a complete list containing the
names of said voters consecutively numbered, and the
voters so listed shall be called to vote by announcing each
name repeatedly three times in the order in which they are
listed.
Any voter in the list who is not present when his name is
called out shall not be permitted to vote.
QUALIFICATION OF WATCHERS
1. Qualified voter of the city or municipality
2. Good reputation
3. Never been convicted of any election offence or
any crime
4. Knows how to read and write English, Pilipino or
any of the prevailing local dialects
5. Not related within the 4th civil degree by
consanguinity or affinity to any member of the BEI
in the polling place where he seeks appointment
as watcher.
RIGHTS AND DUTIES OF WATCHERS:
1. Stay in the space reserved for then inside the
polling place
2. Witness and inform themselves of the proceedings
of the BEI
3. Take notes, photographs of proceedings
4. File protests against any irregularities or violation
of law
5. Be furnished with a certificate of the number of
votes cat for each candidate, duly signed and
thumb marked by the members of the BEI.
Casting of Votes
• In every case, before delivering an official ballot to the
voter, the chairman of the Board of Election Inspectors
shall affix his signature at the back of the ballot in the
presence of the voter. (Sec. 24, R.A. 7166)
• Failure to authenticate shall be noted in the minutes of
the Board of Election Inspectors and shall constitute an
election offense.
BALLOT AND VOTING
1. The voter, upon receiving his folded ballot, shall
forthwith proceed to one of the empty voting booths
and shall there fill his ballot by writing in the proper
space for each office the name of the individual
candidate for whom he desires to vote.
POLITICAL LAW
Voters are not allowed to:
a. To enter a booth occupied by another, nor
enter the same accompanied by somebody,
except as provided for in the succeeding
section hereof;
b. To stay therein for a longer time than
necessary
c. To speak with anyone other than as herein
provided while inside the polling place.
Unlawful Acts:
a. To prepare the ballot outside the voting
booth
b. To exhibit its contents to any person
c. To erase any printing from the ballot
d. To intentionally tear or deface the same or
put thereon any distinguishing mark
e. To use carbon paper, paraffin paper, or other
means for making a copy of the contents of
the ballot;
f. To make use of any other means to identify
the vote of the voter.
Preparation of Ballots for Illiterates and Disabled
Persons (Sec. 196, B.P. 881)
• No voter shall be allowed to vote as an illiterate or
as a physically disabled unless it is so indicated in
his registration record.
• A voter who is illiterate or physically unable to
prepare the ballot by himself may be assisted in
the preparation of his ballot by the following:
a. a relative by affinity or consanguinity within
the fourth civil degree, or
b. If (a) is not available, then any person of his
confidence who belongs to the same
household; or
c. Any member of the board of election
inspectors.
In no case shall an assistor assist more than 3 times.
The person assisting shall:
1. prepare the ballot for the illiterate or disabled
voter inside the voting booth;
2. bind himself in a formal document under oath to
fill out the ballot strictly in accordance with the
instructions of the voter and not to reveal the
contents of the ballot prepared by him.
• A violation of these 2 duties shall constitute an
election offense.
SPOILED BALLOTS
If a voter should accidentally spoil or deface a ballot in
such a way that it cannot lawfully be used, he shall
surrender it folded to the chairman who shall note in
the corresponding space in the voting record that said
ELECTION LAW
ballot is spoiled. The voter shall then be entitled to
another ballot which the chairman shall give him after
announcing the serial number of the second ballot and
recording the serial number in the corresponding
spaces in the voting record.
• No voter shall change his ballot more than once.
(Sec. 14, R.A. 8436)
• The spoiled ballot shall, without being unfolded
and without removing the detachable coupon, be
distinctly marked with the word "spoiled" and
signed by the board of election inspectors on the
endorsement fold thereof and immediately placed
in the compartment for spoiled ballots.
2. After the voter has filled his ballot he shall fold it
in the same manner as when he received it and
return it to the chairman.
3. In the presence of all the members of the board
of election inspectors, he shall affix his
thumbmark on the corresponding space in the
coupon, and deliver the folded ballot to the
chairman.
4. The chairman, in the presence and view of the
voter and all the members of the board of
election inspectors, without unfolding the ballot
or seeing its contents, shall verify its number
from the voting record where it was previously
entered.
• Any ballot whose number does not coincide
with the number of the ballot delivered to the
voter, as entered in the voting record, shall
be considered as spoiled and shall be so
marked and signed by the members of the
board of election inspectors.
5. The voter shall affix his thumbmark by the side of
his signature in the space intended for that
purpose in the voting record and the chairman
shall apply silver nitrate and commassie blue on
the right forefinger nail or on any other available
finger nail, if there be no forefinger nail.
6. The chairman shall sign in the proper space
beside the thumbmark of the voter.
• Note that the absence of the signature of the
chairman in the ballot given to a voter as
proof of the authenticity of the ballot, is fatal.
7. The chairman, after finding everything to be in
order, shall then detach the coupon in the
presence of the board of election inspectors and
of the voter and shall deposit the folded ballot in
POLITICAL LAW
the compartment for valid ballots, and the
detached coupon in the compartment for spoiled
ballots.
• Any ballot returned to the chairman whose
detachable coupon has been removed not in
the presence of the board of election
inspectors and of the voter, shall be
considered as spoiled and shall be so marked
and signed by the members of the board of
election inspectors.
8. The voter shall then depart.
ILLEGAL VOTERS (Sec. 199, B.P. 881)
• Any voter or watcher may challenge any person
offering to vote for not being registered, for using the
name of another or suffering from existing
disqualification. In such case, the board of election
inspectors shall satisfy itself as to whether or not the
ground for the challenge is true by requiring proof of
registration or the identity of the voter.
• No voter shall be required to present his voter's
affidavit on election day unless his identity is
challenged. His failure or inability to produce his voter's
affidavit upon being challenged, shall not preclude him
from voting if his identity be shown from the
photograph, fingerprints, or specimen signatures in his
approved application in the book of voters or if he is
identified under oath by a member of the board of
election inspectors and such identification shall be
reflected in the minutes of the board.
CHALLENGE DUE TO ILLEGAL ACTS
Any voter or watcher may challenge any voter offering to
vote on any of the following grounds:
1. That the challenged person has received or expects to
receive, has paid, offered or promised to pay, has
contributed, offered or promised to contribute money
or anything of value as consideration for his vote or for
the vote of another
2. That he has made or received a promise to influence the
giving or withholding of any such vote; or
3. That he has made a bet or is interested directly or
indirectly in a bet which depends upon the result
of the election.
• The challenged person shall take a prescribed oath
before the board of election inspectors that he has not
committed any of the acts alleged in the challenge.
• Upon the taking of such oath, the challenge shall be
dismissed and the challenged voter shall be allowed to
vote, but in case of his refusal to take such oath, the
 ELECTION LAW
challenge shall be sustained and he shall not be allowed
to vote.
NON-CONCLUSIVENESS OF ADMISSION OF CHALLENGED
VOTE (Sec. 201, B.P. 881)
• It must be noted that the admission of the challenged
vote shall not be conclusive upon any court as to the
legality of the registration of the voter challenged or his
vote in a criminal action against such person for illegal
registration or voting.
COUNTING OF VOTES
• The counting of votes is conducted by the Board of
Election Inspectors, which shall not adjourn or
postpone or delay the count until it has been fully
completed, unless otherwise ordered by the COMELEC.
COUNTING MUST BE IN PUBLIC AND WITHOUT
INTERRUPTION
As soon as the voting is finished, the board of election
inspectors shall publicly count in the polling place the votes
cast and ascertain the results. The Board shall not adjourn
or postpone or delay the count until it has been fully
completed, unless otherwise ordered by the COMELEC.
VENUE FOR COUNTING
The COMELEC in the interest of free, orderly, and honest
elections, may order the board of election inspectors to
count the votes and to accomplish the election returns and
other forms prescribed under the Omnibus Election Code in
any other place within a public building in the same
municipality or city.
• The public building shall not be located within the
perimeter of or inside a military or police camp or
reservation nor inside a prison compound.
• If it becomes necessary to transfer the counting of
votes to a safer place on account of imminent danger of
violence, terrorism, disorder or similar causes, the
Board of Election Inspectors may effect such transfer by
unanimous approval by the Board and concurrence by
the majority of the watchers present. (Sec. 18, R.A.
6646)
MANNER OF COUNTING VOTES
1. The board of election inspectors shall unfold the ballots
and form separate piles of one hundred ballots each,
which shall be held together with rubber bands, with
cardboard of the size of the ballots to serve as folders.
2. The chairman of the board of election inspectors shall
take the ballots of the first pile one by one and read the
names of candidates voted for and the offices for which
they were voted in the order in which they appear
thereon, assuming such a position as to enable all of
the watchers to read such names.
POLITICAL LAW
3. The chairman shall sign and affix his right hand
thumbmark at the back of the ballot immediately after
it is counted.
4. The poll clerk, and the third member, respectively, shall
record on the election returns and the tally board or
sheet each vote as the names voted for each office are
read. (The election returns are mandated by law to be
prepared simultaneously with the counting of the
votes.)
5. After finishing the first pile of ballots, the board of
election inspectors shall determine the total number of
votes recorded for each candidate, the sum being
noted on the tally board or sheet and on the election
returns. In case of discrepancy such recount as may be
necessary shall be made. The ballots shall then be
grouped together again as before the reading.
Thereafter, the same procedure shall be followed with
the second pile of ballots and so on successively.
6. After all the ballots have been read, the board of
election inspectors shall sum up the totals recorded for
each candidate, and the aggregate sum shall be
recorded both on the tally board or sheet and on the
election returns.
7. It shall then place the counted ballots in an envelope
provided for the purpose, which shall be closed signed
and deposited in the compartment for valid ballots.
8. The tally board or sheet as accomplished and certified
by the board of election inspectors shall not be
changed or destroyed but shall be kept in the
compartment for valid ballots.
MARKED BALLOTS, defined
Marked ballots are ballots containing a distinguishing mark
which would tend to identify the voter who cast such ballot.
PURPOSE OF DISALLOWING MARKED BALLOTS
• Some unscrupulous persons taking advantage of their
influence or political prestige may require voters to
place a distinguishing “mark” on their ballot, in
consideration of some promise, reward or other
valuable consideration and to which the voters would
have no escape because of the distinguishing marks
required of them to place on their ballots.
• This threatens the independence of the voters in the
exercise of their right to vote. Hence, the prohibition
on marked ballots.
EFFECTS OF MARKED BALLOTS
• Marked ballots are invalidated in their entirety, and
none of the votes therein are counted.
DETERMINTAION OF MARKED BALLOTS
 ELECTION LAW
• In discounting marked ballots, great care should be
used in rejecting them. Election laws are designed to
effectuate the will of the electorate. Only in an
unmistakable case where the ballot appeared to be
marked, should it be rejected.
• The determinative factor in the nullification of ballots
for being marked as following a design or pattern, is the
existence of evidence aliunde tending to show the
intention or purpose in the use of the contested
manner or means of voting, which is to identify the
ballots. In the absence of evidence aliunde clearly
showing the intention or plan was for purposes of
identification, signs on ballots are presumed accidental.
• A majority vote of the board of election inspectors shall
be sufficient to determine whether a ballot is marked
or not.
• All marked ballots shall be placed in an envelope
labeled "marked ballots" which shall be sealed and
signed by the members of the board of election
inspectors and placed in the compartment for valid
ballots and shall not be counted.
APPLICABLE INSTANCES
Non-official ballots which the board of election inspectors
may find, EXCEPT those which have been used as
emergency ballots, are considered as marked ballots. Other
examples of marked ballots include the following:
1. Where 170 ballots were voted for in the same manner
and there is evidence aliunde to prove that such
manner of voting was planned.
2. Where the name of 1 candidate is clearly and markedly
indented to the right to make the ballot easily
distinguishable.
3. Use of two or more kinds of writing deliberately put by
the voter to serve as identification marks.
4. Writing the name of a person who is not a candidate 3
times on 3 spaces provided for in different offices.
5. Expressions opposite the space for candidates written
for the purpose of identification.
6. The inclusion of the names of 2 well-known movie stars
who were not candidates.
7. Writing the name of a registered voter who is not a
candidate.
8. The placing, without explanation of initials, after the
corrected names of candidates for mayor and vice-
mayor.
POLITICAL LAW
9. Placing a big letter “X” immediately after the name of a
candidate for councilor.
10. The capital letter “N” opposite the printed words for
senators.
11. Writing the word “sinador” in a place far and separate
from the proper spaces for candidates.
12. Writing impertinent, irrelevant and unnecessary
expression
13. Placing the fingerprint of the voter without reason.
14. The presence of an arrow together with the words “and
party”.
15. Instances when Ballot is not Considered Marked
16. Writing the word “sorry” after the name of a candidate
as an expression of regret for committing a mistake.
17. Canceling names and re-writing them to conform with a
sample ballot.
18. Misspelling the name of a candidate.
19. Illegible writings, being imprints of other names written
on the ballot caused by the folding of the same.
20. Writing crosses and circles signifying the desistance of
the voter to write any other name.
21. Writing a word before the name of a candidate as an
appellation of affection or friendship.
22. Affixing the nickname of a candidate.
23. Innocent erasures in the spaces for the candidates.
24. Corrected name written over the canceled one on the
space for councilor although he is a candidate for
mayor.
25. Mistakes in writing names of local candidates in spaces
for senators and writing again the names of his
candidates for councilors in the proper spaces.
26. Unintentional, accidental, unintelligible marks or
words.
27. Accidental placing of a stain.
28. Voting names of non-candidates in the absence of
evidence that these names were used as identifying
marks.
APPRECIATION OF BALLOTS
GUIDELINES FOR APPRECIATION OF BALLOTS
 ELECTION LAW
• DOUBTS are to be resolved in FAVOR of the validity of
ballots. The purpose is of election laws is to give effect
and not to frustrate the WILL of the voter.
• LIBERAL CONSTRUCTION in reading the ballots, and
intendments should be in favor of a reading which
render the ballot EFFECTIVE rather than in favor of a
conclusion which on some technical grounds would
render it ineffective.
• Minor blemishes should not affect the validity of the
ballot where the intention of the voter to vote for
certain persons is discernible in the ballot.
• Errors in spelling, honest mistakes due to ignorance or
illiteracy should not defeat the intention of the voter.
However, if the ballot is so defective as to fail to show
any intention, it must be disregarded.
General rule
Every ballot shall be PRESUMED VALID
Exception
UNLESS there is clear and good reason to reject it.
ELECTION RETURNS, defined
The official document containing the date of the election,
the province, municipality and the precinct in which it is
held, and the votes received by each candidate written in
figures and in words.
It is the document on which the Certificates of Canvass are
based, and is the only document that constitutes sufficient
evidence of the true and genuine results of the elections.
Number of Copies and Their Distribution (Sec. 27, R.A.
7166, as amended by R.A. 8045 and R.A. 8173)
• The board of election inspectors shall prepare in their
handwriting the returns in their polling places, in the
number of copies herein provided and in the form to be
prescribed and provided by the COMELEC.
In the election of President, Vice-President, Senators, and
Members of the House of Representatives, the copies of
the election returns shall be distributed as follows:
1st Copy City or municipal board of canvassers
2nd Copy Congress, directed to the Senate President
3rd Copy COMELEC
4th Copy Dominant majority party, as determined by
the COMELEC
5th Copy: Dominant minority party, as determined by
the COMELEC
6th Copy Citizens' arm authorized by the COMELEC to
conduct an unofficial count
7th Copy Deposited inside the compartment of the
ballot box for valid ballots
In the election of local officials, the copies of the election
POLITICAL LAW
returns shall be distributed as follows:
1st Copy City or municipal board of canvassers
2nd Copy COMELEC
3rd Copy Provincial board of canvassers
4th Copy Dominant majority party, as determined by
the COMELEC
5th Copy: Dominant minority party, as determined by
the COMELEC
6th Copy Citizens' arm authorized by the COMELEC to
conduct an unofficial count
7th Copy Deposited inside the compartment of the
ballot box for valid ballots
Announcement of Results
• The chairman of the Board of Election Inspectors shall
make an ORAL and PUBLIC ANNOUNCEMENT of the
TOTAL number of votes in the polling place for EACH
candidate by the upon the completion of the election
returns
Issuance of Certificates of Votes
Certificate of votes, defined
The certificate of votes is a document which contains the
number of votes obtained by each candidate written in
words and figures, the number of the precinct, the name of
the city or municipality and province, the total number of
voters who voted in the precinct, and the date and time
issued.
• It must be signed and thumb marked by each member
of the Board. (Sec. 16, R.A. 6646)
Duty of Board to issue certificate
• It is the duty of the board of election inspectors to issue
a certificate of the number of the votes received by a
candidate upon request of the duly-accredited
watchers. (Sec. 16, R.A. 6646)
• Refusal to do so constitutes an election offense. (Sec.
27, R.A. 6646)
CANVASSING
PRINCIPLES GOVERNING CANVASS PROCEEDINGS
1. There must be a strong prima facie case backed up by a
specific offer of evidence, and an indication of its
nature and importance has to be made out to warrant
the reception of evidence aliunde, for the presentation
of witnesses and the delays necessarily entailed
thereby.
2. When COMELEC has determined after investigation and
examination of the voting and registration records that
ACTUAL VOTING and ELECTION took place in the
questioned precincts, election returns cannot be
disregarded but are accorded prima facie status as
 ELECTION LAW
bona fide reports of the result of voting for canvassing
and proclamation purposes.
3. COMELEC should guard against PROCLAMATION
GRABBING and against attempts to paralyze the
canvassing and proclamation.
4. To allow a respondent to raise belated questions before
the COMELEC as to the returns during the review of a
case before the COMELEC, which question has not been
raised before the board of canvassers, would mean
undue delays in the pre-proclamation proceedings.
5. The Supreme Court can review the decisions of
COMELEC ONLY in cases of grave abuse of discretion in
the discharge of QUASI-JUDICIAL POWERS and not in
the exercise of its administrative duties.
CONCLUSIVENESS OF FINDINGS
• The findings of the board of canvassers and the
certificate of election issued by them are not conclusive
but are merely PRIMA FACIE evidence of the result and
title to the office of those declared elected.
• As to all other collateral matters, the findings of the
board are conclusive. However, such findings are not
conclusive in a direct proceeding to try title to the
office.
• The fact of having a plurality of votes lawfully cast is
what confers title to the office UNLESS one is allowed
to go behind the certificate or returns to establish title
to the office before the appropriate tribunal.
PREPARATION OF CANVASS AND STATEMENT OF VOTES
CERTIFICATE OF CANVASS
• The respective board of canvassers shall prepare a
certificate of canvass duly signed and affixed with the
imprint of the thumb of the right hand of each
member, supported by a statement of the votes
received by each candidate in each polling place and,
on the basis thereof, shall proclaim as elected the
candidates who obtained the highest number of votes
cast in the province, city, municipality or barangay.
(Sec. 231, B.P. 881)
• Failure to comply with this requirement shall constitute
an election offense.
STATEMENTS OF VOTES, defined
The statement of votes is a tabulation per precinct of votes
garnered by candidates as reflected in the election returns;
its preparation is an administrative function of the board,
purely a mechanical act over which COMELEC has direct
control and supervision.
POLITICAL LAW
• The Statement of Votes supports the certificate of
canvass and is the basis of proclamation.
Consequently, any error in the Statement of Votes
would affect the proclamation made on the basis
thereof.
• Failure to object to the Statement of Votes before the
Board of Canvassers does not constitute a bar to raising
the issue for the first time before the COMELEC, as the
law is silent as to when such objection may be raised.
PROCLAMATION
DUTIES OF THE BOARD OF CANVASSERS
• After the canvass of election returns, in the absence of
a perfected appeal to the COMELEC, the Board of
Canvassers shall proclaim the candidates who
obtained the highest number of votes cast in the
province, city, municipality or barangay, on the basis of
the certificates of canvass. Failure to comply with this
duty constitutes an election offense. (Sec. 231, B.P.
881)
• The Board of Canvassers shall not proclaim any
candidate as winner unless authorized by the
COMELEC after the latter has ruled on any objections
brought to it on appeal by a losing party.
Any proclamation made in violation hereof shall be void
ab initio, unless the contested returns will not
adversely affect the results of the election.
• Once the Board of Canvassers has completed its duty,
the board cannot meet again and re-canvass the votes
or reverse their prior decision and announce different
results.
VOID PROCLAMATION
A proclamation is void when it is:
1. Based on incomplete returns (Castromayor v.
COMELEC, 250 SCRA 298) or
2. When there is yet no complete canvass (Jamil v.
COMELEC, G.R. No. 123648, Dec. 15, 1997).
• A void proclamation is no proclamation at all, and the
proclaimed candidate’s assumption into office cannot
deprive the COMELEC of its power to annul the
proclamation.
PARTIAL PROCLAMATION (Sec. 21, R.A. 7166)
• Notwithstanding the pendency of any pre-proclamation
controversy, the COMELEC may summarily order the
proclamation of other winning candidates whose
election will not be affected by the outcome of the
controversy.
 ELECTION LAW POLITICAL LAW

ELECTION RESULTING TO A TIE (Sec. 240, B.P. 881)

A tie occurs when:
1. 2 or more candidates receive an equal and highest
number of votes; or
2. 2 or more candidates are to be elected for the same
position and 2 or more candidates received the
same number of votes for the LAST PLACE in the
number to be elected.

• The board of canvassers, by resolution, upon 5 days

notice to all tied candidates, shall hold a special PUBLIC
MEETING at which the board shall proceed to the
DRAWING OF LOTS of the candidates who have tied
and shall proclaim as elected the candidates who may
be favored by luck.

• The candidates so proclaimed shall have the right to

assume office in the same manner as if he had been
elected by plurality of vote.

• The board of canvassers shall forthwith make a

certificate stating the name of the candidate who had
been favored by luck and his proclamation on the basis
thereof.

• Nothing in the above shall be construed as depriving a

candidate of his right to contest the election.

PROCLAMATION OF A LONE CANDIDATE (RA 8295)

• Upon the expiration of the deadline for the filing of
certificates of candidacy in a special election called to
fill a vacancy in an elective position other than for
President and Vice-President, when there is only one
(1) qualified candidate for such position, the lone
candidate shall be proclaimed elected to the position
by proper proclaiming body of the COMELEC without
holding the special election upon certification by the
COMELEC that he is the only candidate for the office
and is therefore deemed elected.

• In the absence of any lawful ground to deny due course

or cancel the certificate of candidacy in order to
prevent such proclamation, as provided for under Sec.
69 and 78 of the Omnibus Election Code, the lone
candidate shall assume office not earlier than the
scheduled election day. (Sec. 3)

• The COMELEC shall decide petitions for disqualification

not later than election day. Otherwise, such petitions
shall be deemed dismissed. (Sec. 3)