ELECTION LAWS PAST QUESTIONS Moreover, whenever the Revision/Recount Committee makes any
THIRD EXAM determination that the ballots have been tampered and have become
LEGENDS: [1]* - asked twice; [1]** - asked thrice; so on.
[1]** Situational. Doctrine: Evidentiary weight of ballots,
elections returns in case of manual/or automated elections.
[The following are jurisprudential doctrines that may be applicable
but this depends on the situation.]
In De Guzman v. COMELEC 426 SCRA 698, the court ruled that in
an election contest where the correctness of the number of votes is involved
the best and the most conclusive evidence are the ballots themselves
where the ballot cannot be produced or are not available, the election
returns would be the best evidence.
Bringing this into the Automated Election System which necessarily
involves electronic documents, in the case of Maliksi v. COMELEC and
Saquilayan (2013), the picture images of the ballots are electronic
documents that are regarded as the equivalents of the original official
ballots themselves, citing Vinsons-Chato v. HRET (2013), the Court held
that the picture images of ballots as scanned and recorded by the PCOS are
likewise official ballots that faithfully capture in electronic form the votes
cast by the voter as defined by RA 9369.
As such the printouts thereof are the functional equivalent of the paper
ballots filled out by the voters and, thus may be used for purposes of revision
of voters in an electoral protest. The two documents, the official ballot and
its picture image are given equal probative weight. In short, when either
is presented as evidence, one is not considered weightier than the other.
But, the picture images of the ballots are to be used only when it is
first shown that the official ballots are lost or their integrity has been
compromised.
All the foregoing rules on revision of ballots stipulate that the
printing of the picture images of the ballots may be resorted to only after
the proper Revision/Recount Committee has first determined that the
integrity of the ballots and the ballot boxes was not preserved.
The foregoing rules further require that the decryption of the images
stored in the CF cards and the printing of the decrypted images take place
during the revision or recount proceedings. There is a good reason for thus
fixing where and by whom the decryption and the printing should be
conducted. It is during the revision or recount conducted by the
Revision/Recount Committee when the parties are allowed to be
represented, with their representatives witnessing the proceedings and
timely raising their objections in the course of the proceedings.
unreliable, the parties are immediately made aware of such determination.
Maliksi vs. Commission on Elections, 696 SCRA 272, G.R. No. 203302 April
11, 2013).
[2] Exceptions to the rule that no pre-proclamation controversy
shall be allowed for President, Vice-President, Senators and
Members of the House of Representatives.
As provided under the law, COMELEC’s exclusive jurisdiction on pre-
proclamation controversies does not include those elections for President,
Vice-President, Senators and Members of HR. However, this rule does admit
of exceptions:
1. When the appropriate canvassing body motu proprio or upon written
complaint of an interested person to correct manifest error in the
certificate of canvass or election returns before it.
2. When the question affects the composition or proceedings of the
board of canvassers; and
3. Determination of the authenticity and due execution of the
certificate of canvass pursuant to Section 30 of RA 9369 as ruled in
Pimentel v. COMELEC.
Hence, any pre-proclamation controversy relating to the matters of
preparation, transmission, receipt, custody and appreciation of the election
returns of the certificate of canvass, as the case may be is allowed for the
purpose of elections for the President, Vice-President, Senators and
Members of the HR in the exceptions cited above.
[3]** Define/Distinguish:
Certificate of Votes
It is an election document issued by the BEI after the counting and
announcement of the results and before leaving the polling place upon
request of the accredited watcher. It shall contain the number of votes
obtained by each candidate written in words and figures, the precinct
number, the precinct number, name of the city or municipality, signed and
thumb marked by each member of the Board.
Certificate of Canvass
It is an election document which serves as the basis for proclamation
of winning candidates which is based on statement of votes.
[4] Instances where a pre-proclamation controversy is still viable
even after proclamation.
As a general rule, when there is already proclamation, a pre-
proclamation controversy is no longer viable, however this rule is not
absolute. In is a well-settled doctrine that pre-proclamation controversy
may still be viable even after proclamation if the issue involves a manifest
error as to the ERs, the entries in the certificate of votes or in the certificate
of canvass that would frustrate the will of the electorate.
The primordial concern is the expression of the true will of the sovereign
people. Disenfranchisement of the same would in effect run contrary to the
sovereign power of the people, by which the Constitution provides that
sovereignty resides and emanates from them. Thus, if the issue involves is
manifest error a pre-proclamation controversy may still be given due course.
[5] Procedure in filing a pre-proclamation controversy (note the
grounds like correction of manifest error).
Under Section 20 of RA 7166 requires a two-step rule of a verbal
objection to the inclusion of the ER and it be formalized in writing within 24
hours where the failure of such is fatal to the candidate’s cause. Note that
the board shall not entertain unless it be reduced into writing in the
prescribed forms and that 48 hours from the ruling of the board, the
adversely affected party must file a written and verified notice of appeal and
he has an unextendible period of 5 days thereafter an appeal to the
COMELEC where the COMELEC has 7 days to decide therefrom upon receipt.
[6]* Discussion of the Rules regarding Execution Pending Appeal
Execution pending appeal is an exception to the rule that only a final
judgment may be executed. That is why there should be good reasons for
such granting of special orders.
Initially, the law was silent as to the rule on execution pending appeal in
election cases thus in the 2004 case of Batul v. Bayron the Rules of Court
were suppletorily applied. In 2007, however, AM No. 07-4-15-SC was
promulgated and Rule 14, Section 11 thereof now provided for the procedure
of execution pending appeal involving election cases.
Jurisprudence then later on recognizes in the case of Batul that the trial
courts as well as the COMELEC in the exercise of its original and exclusive
jurisdiction is given the power to grant executions pending appeal. And
under the case of San Miguel v. COMELEC as long as the motion is filed
within the five day reglementary period for appeal and the special order is
issued prior to the transmittal of the records to the COMELEC, the trial courts
can grant motions for executions pending appeal even after the five day
period for appeal.
In Lim v. COMELEC (2007), the court laid down the requisites
before granting a motion for execution pending appeal.
1. There must be a Motion by the prevailing party with notice to the
adverse party;
2. There must be Good reasons for the execution pending appeal
3. The order granting executing pending appeal must State the good
reasons.
In Ramas and Fermo rulings, the following are considered good reasons
for the grant of execution granting appeal:
1. The public interest involved or the will of the electorate;
2. The shortness of the remaining period of the term of the contested
office
3. The length of time that the election contest has been pending
However the court ruled in Istarul v. COMELEC (2006), length of time that
the election protest has been pending alone and by itself cannot justify the
premature execution, it must manifest in the decision sought to be executed
that the defeat of the protestee and the victory of the protestant has been
clearly established.
[7]** What is an election protest?
What are the principles common to all election contests?
As to who may file
Jurisdictional allegations
Jurisdiction over election contests (From SC to MTC)
[8] Cite when the rules of succession (vice-mayor) is applicable and
when the rule on second placer does not apply.
[9]* Overvoting
It is an act by the voter who mistakenly voted for two or more
candidates in the same position requiring only one candidate or those
positions with a limited number but still the voter wrote or shaded in excess
of the required vote. Under the existing rules in the elections laws, it is
considered as a stray vote. A stray vote will not be counted for any
candidate chosen by the voter.
In manual elections, the excess vote will be considered as stray but will not
invalidate the whole ballot. An exception is the incumbent rule favoring
the incumbent in special cases. The same way under the Automated Election
System, the PCOS machine will not read the portion which was shaded more
than what is required, but it will not invalidate the whole ballot. There can
still be stray vote.
[10]* Define/Distinguish:
Statement of Votes
Is a tabulation pre precinct of the votes obtained by the candidates
or reflected in the ER.
Election Returns is the election document produced and printed directly
by the PCOS or VCM stating the votes for each candidate in figures and
words in the precinct areas where the machines are utilized. It is considered
as evidence in case of election fraud filed by parties.
[11]* When is a candidate a member of the HR?
In Velasco v. Belmonte, the Court held that to be considered a
duly member of the House of Representative, winning candidate must be:
1. Validly proclaimed based on complete canvass. The proclamation
must be valid before the COMELEC loses jurisdiction over a member
of the HR. If there was no valid proclamation, like in the case of
Reyes v. COMELEC who was disqualified prior proclamation, he is
not a member of the Congress at all.
2. After proclamation, the wining candidate must take his oath before
the authorized officials, for example, the Speaker of the House.
3. After being proclaimed and taking oath, he must assume the office
and responsibilities of the member of the HR.
[12] Under the AES, the BOC after canvassing the votes, will electronically
transmit such data to the respective BOC or Electoral Tribunal. Hence under
the AES, there can be no cases involving preparation, transmission, custody
and appreciation of ballots. Secondly, in substitution of candidates, the
substituted candidate votes will be counted in favor of the substitute since
the spaces involving the ballot can no longer be edited.
[13]* What are standards to be observed in an election contest?
Cite the standards under the case of Regio v. COMELEC.
[14]* The COMELEC has authority to decide PPC take place under 2
instances:
1. Those petitions directly filed before it
2. Those filed as an appeal to the petition initially filed with the BOC
Scope Rule 27, Section 4
Sec. 4. Issues that May Be Raised in the Pre-Proclamation Controversies. -
The following are the proper issues that may be raised in a pre-proclamation
controversy:
(a) Illegal composition or proceedings of the board of canvassers;
(b) The canvassed election returns, or the certificate of canvass in
appropriate cases, are incomplete, contain material defects, appear
to be tampered with or falsified, or contain discrepancies in the same
returns or in other authentic copies thereof;
(c) The election returns or certificate of canvass were prepared under
duress, threats, coercion, or intimidation, or they are obviously
manufactured or not authentic; and
(d) When substitute or fraudulent returns or certificates of canvass in
controverted polling places were canvassed, the results of which
materially affected the standing of the aggrieved candidate or
candidates.
(e) Correction of manifest errors.
Cite the exception when COMELEC can act upon PPC involving election of
PRES, VP, Senate or HR Members.
[15]* Three-term limit rule and its exceptions. (Latasa, Lonzanida,
Borja, Aldovino – where tenure of office is not considered services for
applying the 3 term limit rule).
[16] Effects of the Section 12, 68, 77 and 78 petitions as to substitution
and consideration as a candidate (basically explain everything you know).
Question: What are the effects on the certificate of candidacy of
candidates under the various provisions of the OEC?
[17] Jurisdiction of HRET and COMELEC in case of annulment of elections.
[18] Does preventive suspension operate under 3 term limit rule?
No. Check Aldovino v. COMELEC (enumerate the four excepts)
1. When there is suspension from the position
2. Succession to a higher office by operation of law
3. Candidate is ordered to vacate the position by virtue of an election
protest
4. In case of recall election
[19] Situational. – Disqualification (perpetual) due to the crime committed
[20] Two provisions which are distinct under AES law
1. Under the AES, PPC that may be filed directly with the COMELC is
only on the ground of illegal composition or proceedings of the BOC
2. Under AES, a candidate is defined as a person seeking or aspiring
for an elective office who has not died, withdraw, or disqualified for
any cause.
IDENTIFICATION ANSWERS
Summary in nature, no need for a full blown trial
Ministerial duty