I.

ELECTION CONTEST
19.1. Election contests
Election contests are adversary proceedings by which
matters involving the title or claim of title to an elective office,
made before or after proclamation of the winner, is settled
whether or not the contestant is claiming the office in dis-
pute.16
They refer to either:
(a) election protests; or
(b) petitions for Quo Warranto.
19.2. Election protest defined
Election protest is a contest between the defeated
and winning candidates on the ground of frauds and irregu-
larities:
(a) in the casting and counting of the ballots; or
(b) in the preparation of the returns (ERs).
It raises the question of who actually obtained the plu-
rality of the legal votes and therefore is entitled to hold the
office.17
19.3. Purpose of election protest
The purpose of an election protest is to ascertain
whether the candidate proclaimed elected by the board of
canvassers is really the lawful choice of the electorate.18
19.4. Grounds for election protest
An election protest may be filed on any of the following
grounds:
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16 Javier v. COMELEC, 144 SCRA 194 (1986)

17 Samad v. COMELEC, 224 SCRA 631 [1993]
18 De Castro v. Ginete, 27 SCRA 623 [1969]
 COMPENDIUM OF ELECTION LAWS
AND RELATED JURISPRUDENCE

(a) fraud;
(b) terrorism;
(c) irregularities; or
(d) illegal acts committed before, during or after
the casting and counting of votes.
19.5. Main issue in election protest
The principal issue in an election protest is who
among the candidates obtained the plurality of valid votes
cast.
19.6. Jurisdiction over election protests
The COMELEC, through any of its Divisions, has exclu-
sive original jurisdiction over all election protests involving
elective regional (the autonomous regions), provincial, and
city officials.19
19.7. Who may file election protest
A petition contesting the elections or returns of an
elective regional, provincial, or city official shall be filed with
the COMELEC by any candidate who, as reflected in the official
results of the election contained in the Statement of Votes:
(a) was voted for in the same office and received
the second of third highest number of votes; or
(b) in a multi-slot position, was among the next four
(4) candidates following the last ranked winner
duly proclaimed,
The party filing the protest shall be designated as the
“protestant” while the adverse party shall be known as the
“protestee.”20

_______________________________

19 Sec. 1, Rule 6, COMELEC Res. 8804

20 Sec. 2, Id., Id.
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AND RELATED JURISPRUDENCE

19.8. Quo Warranto under the OEC; grounds

Quo Warranto under the OEC refers to an election con-
test relating to the qualifications of an elective official on the
ground of:
(a) ineligibility; or
(b) disloyalty to the Republic of the Philippines.
19.9. Key issue in Quo Warranto petition
The issue in a Petition for Quo Warranto under the
OEC is whether the respondent possesses all the qualifica-
tions and none of the disqualifications prescribed by law.
19.10. Who may file Quo Warranto petition
Any registered voter who has voted in the election
concerned may file a verified petition for Quo Warran-
to against an elective municipal or barangay official with the
proper RTC or MTC.
The party filing the petition shall be designated as the
“petitioner” while the adverse party shall be known as the
“respondent.”21
Any voter contesting the election of any regional, pro-
vincial or city official on the ground of ineligibility or of disloy-
alty to the Republic of the Philippines may file a sworn (veri-
fied) petition for Quo Warranto with the COMELEC within ten
(10) days after the proclamation of the results of the elec-
tion.22
19.11. Jurisdiction over election contests
The COMELEC shall exercise exclusive original jurisdic-
tion over all contests relating to the elections, returns, and
_______________________________

21 Sec. 6, Id.
22 Sec. 253, OEC, as amended
 COMPENDIUM OF ELECTION LAWS
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qualifications of all elective regional, provincial and city offi-

cials.
RTCs have exclusive original jurisdiction over all elec-
tion contests involving elective municipal officials.
MTCs have exclusive original jurisdiction over all elec-
tion contests involving elective barangay officials.
19.12. Election contest; how initiated
An election contest is initiated by the filing of an elec-
tion protest or a petition for Quo Warranto against an elective
local official directly with the COMELEC in ten (10) legible
copies plus such number of copies corresponding to the
number of protestees, within a non-extendible period of ten
(10) days following the date of proclamation.
Each contest shall refer exclusively to one office but
contests for offices of the Sangguniang Pampook, Sangguni-
ang Panlalawigan or Sangguniang Panglungsod may be
consolidated in one case.23
19.13. Effect of pendency of pre-proclamation
controversy on period to file election
contest
The pendency of a pre-proclamation controversy in-
volving the validity of the proclamation as defined by law shall
suspend the running of the period to file an election pro-
test.24
19.14. Contests of the protest or petition
An election protest or petition for quo warranto shall
specifically state the following facts:
(a) The position involved
_______________________________

23 Sec. 3, Id., Id.

24 Sec. 6, Id., Id.
 COMPENDIUM OF PHILIPPINE ELECTION LAWS 5
AND RELATED JURISPRUDENCE

(b) That the protestant was a candidate who:

(1) has duly filed a CoC; and
(2) has been voted for the same office.
(c) The date of proclamation; and
(d) The number of votes credited to the parties per
proclamation.
An election protest shall also state:
(a) The total number of precincts of the region, prov-
ince or city concerned;
(b) The protested precincts and votes of the parties
in the protested precincts per the Statement of
Votes By Precinct or, if the votes of the parties
are not specified, an explanation why the votes
are not specified;
(c) A detailed specification of the acts or omissions
complained of showing the electoral frauds,
anomalies or irregularities in the protested pre-
cincts.25
19.15. Summary dismissal of election con-
test.
The COMELEC may summarily dismiss, motu proprio,
an election protest and counter-protest on the following
grounds:
(a) The COMELEC has no jurisdiction over the sub-
ject matter;
(b) The protest is insufficient in form and content;

_______________________________

25 Sec. 7, Id., Id.

 COMPENDIUM OF ELECTION LAWS
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(c) The petition is filed beyond the period pre-

scribed;
(d) The filing fee is not paid within the period for the
filing the election protest or petition for quo war-
ranto; and
(e) In case of protest where a cash deposit is re-
quired, the cash deposit is not paid within fifteen
(15) days from the filing of the protest.26
19.16. Rendition of decision
The COMELEC shall decide the election contest within
thirty (30) days from the date it is submitted for decision.27
19.17. Duty to certify to the President
In election protests, if the decision shall be that none
of the parties has been legally elected, the COMELEC shall
certify such decision to the President of the Philippines.28
19.18. Finality of Decisions or Resolutions of
Division
Unless a motion for reconsideration is seasonably
filed, a decision or resolution of a COMELEC Division shall
become final and executory after the lapse of five (5) days
following its promulgation.
19.19. Grounds of motion for reconsideration
A motion for reconsideration may be filed on the
grounds that:
(a) the evidence is insufficient to justify the deci-
sion, order or ruling; or
(b) the said decision is contrary to law.29
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26 Sec. 7, Id., Id.

27 Sec. 1, Rule 19, Id.
28 Sec. 8, Id., Id.
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AND RELATED JURISPRUDENCE

19.20. Period for filing motion for reconsider-

ation
A motion to reconsider a decision shall be filed within
five (5) days from the promulgation thereof. Such motion, if
not pro forma, suspends the execution or implementation, of
the decision, resolution, order or ruling.30
19.21. Effect of motion for reconsideration on
period to file petition for certiorari to
SC
A motion to reconsider a decision, resolution, when
not pro-forma, suspends the running of the period to elevate
the matter to the Supreme Court.31
19.22. Period to decide by COMELEC en banc
The motion for reconsideration shall be decided within
fifteen (15) days from the date the case or matter is deemed
submitted for decision, unless otherwise provided by law.32
19.23. Finality of Decision of COMELEC en
banc
The decision of the COMELEC en banc shall become
final and executory five (5) days after its promulgation and
receipt of notice by the parties.33
19.24. Period to file protest or petition; non-
extendible

_______________________________

29 Sec,. 1, Rule 20, Id.

30 Sec,. 2, Id., Id.
31 Sec,. 4, Id., Id.
32 Sec,. 7, Id., Id.
33 Sec,. 8, Id., Id.
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The election protest or petition for Quo Warranto must

be filed within the non-extendible period of ten (10) days
following the date of proclamation.
19.25. Summary dismissal of election contest
The COMELEC or the court shall summarily dis-
miss, motu proprio, an election protest, counter-protest or
petition for Quo Warranto on any of the following grounds:
(a) The COMELEC or the court has no jurisdiction
over the subject matter;
(b) The protest or petition is insufficient in form
and content as required;
(c) The protest or petition is filed beyond the peri-
od prescribed;
(d) The filing fee is not paid within the period for fil-
ing the election protest or petition for Quo War-
ranto; and
(e) In case of protest where a cash deposit is re-
quired, the cash deposit is not paid with the
court within five (5) days from the filing of the
protest, or with the COMELEC within fifteen
(15) days from such filing.
19.26. COMELEC’s exclusive appellate juris-
diction
The COMELEC exercises appellate jurisdiction over all
contests involving:
(a) elective municipal officials decided by trial
courts of general jurisdiction (RTCs); or
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AND RELATED JURISPRUDENCE

(b) elective barangay officials decided by trial

courts of limited jurisdiction (MTCs).34
19.27. Caption and title of appealed cases
In all election contests involving the elections, returns,
and qualifications of municipal or barangay officials, the party
interposing the appeal shall be called the "Appellant" and the
adverse party the "Appellee", but the title of the case shall
remain as it was in the court of origin.35
19.28. Notice of appeal
Within five (5) days after promulgation of the decision
of the court, the aggrieved party may file with said court a
notice of appeal, and serve a copy thereof upon the attorney
of record of the adverse party.36
19.29. Grounds for dismissal of appeal
The appeal may be dismissed upon motion of either
party or at the instance of the COMELEC on any of the follow-
ing grounds:
(a) Failure of the appellant to pay the correct ap-
peal fee;
(b) Failure of the appellant to file copies of his brief
within the time provided by the rules;
(c) Want of specific assignment of errors in the
appellant's brief; and
(d) Failure to file notice of appeal within the pre-
scribed period.
ELECTIVE ADJUDICATIVE PERIOD TO FILE ACTION
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34 See Sec. 2(2), Art. IX-C, of the 1987 Constitution

35 Sec. 1, Rule 22, 1993 COMELEC Rules of Procedure, as amended
36 Sec. 3, Id.
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OFFICIALS BODY FROM PROCLAMATION

ELECTION QUO
PROTEST WARRANTO
Barangay Offi- MTC, MeTC or 10 10
cials MCTC
Municipal Offi- RTC 10 10
cials
Regional, Pro- COMELEC 10 10
vincial and City
Officials
Members of the HRET 10 10
House of Rep-
resentatives
Senators SET 15 10
President and PET 30 10
Vice-President