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ELECTION LAWS PAST QUESTIONS Moreover, whenever the Revision/Recount Committee makes any

THIRD EXAM determination that the ballots have been tampered and have become
unreliable, the parties are immediately made aware of such determination.
LEGENDS: [1]* - asked twice; [1]** - asked thrice; so on. Maliksi vs. Commission on Elections, 696 SCRA 272, G.R. No. 203302 April
11, 2013).
[1]** Situational. Doctrine: Evidentiary weight of ballots,
elections returns in case of manual/or automated elections. [2] Exceptions to the rule that no pre-proclamation controversy
shall be allowed for President, Vice-President, Senators and
[The following are jurisprudential doctrines that may be applicable Members of the House of Representatives.
but this depends on the situation.]
As provided under the law, COMELEC’s exclusive jurisdiction on pre-
In De Guzman v. COMELEC 426 SCRA 698, the court ruled that in proclamation controversies does not include those elections for President,
an election contest where the correctness of the number of votes is involved Vice-President, Senators and Members of HR. However, this rule does admit
the best and the most conclusive evidence are the ballots themselves of exceptions:
where the ballot cannot be produced or are not available, the election 1. When the appropriate canvassing body motu proprio or upon written
returns would be the best evidence. complaint of an interested person to correct manifest error in the
certificate of canvass or election returns before it.
Bringing this into the Automated Election System which necessarily 2. When the question affects the composition or proceedings of the
involves electronic documents, in the case of Maliksi v. COMELEC and board of canvassers; and
Saquilayan (2013), the picture images of the ballots are electronic 3. Determination of the authenticity and due execution of the
documents that are regarded as the equivalents of the original official certificate of canvass pursuant to Section 30 of RA 9369 as ruled in
ballots themselves, citing Vinsons-Chato v. HRET (2013), the Court held Pimentel v. COMELEC.
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 Hence, any pre-proclamation controversy relating to the matters of
cast by the voter as defined by RA 9369. preparation, transmission, receipt, custody and appreciation of the election
returns of the certificate of canvass, as the case may be is allowed for the
As such the printouts thereof are the functional equivalent of the paper purpose of elections for the President, Vice-President, Senators and
ballots filled out by the voters and, thus may be used for purposes of revision Members of the HR in the exceptions cited above.
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 [3]** Define/Distinguish:
is presented as evidence, one is not considered weightier than the other.
Certificate of Votes
But, the picture images of the ballots are to be used only when it is It is an election document issued by the BEI after the counting and
first shown that the official ballots are lost or their integrity has been announcement of the results and before leaving the polling place upon
compromised. request of the accredited watcher. It shall contain the number of votes
obtained by each candidate written in words and figures, the precinct
All the foregoing rules on revision of ballots stipulate that the number, the precinct number, name of the city or municipality, signed and
printing of the picture images of the ballots may be resorted to only after thumb marked by each member of the Board.
the proper Revision/Recount Committee has first determined that the
integrity of the ballots and the ballot boxes was not preserved. Certificate of Canvass
It is an election document which serves as the basis for proclamation
The foregoing rules further require that the decryption of the images of winning candidates which is based on statement of votes.
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 [4] Instances where a pre-proclamation controversy is still viable
fixing where and by whom the decryption and the printing should be even after proclamation.
conducted. It is during the revision or recount conducted by the
Revision/Recount Committee when the parties are allowed to be As a general rule, when there is already proclamation, a pre-
represented, with their representatives witnessing the proceedings and proclamation controversy is no longer viable, however this rule is not
timely raising their objections in the course of the proceedings.
absolute. In is a well-settled doctrine that pre-proclamation controversy 3. The order granting executing pending appeal must State the good
may still be viable even after proclamation if the issue involves a manifest reasons.
error as to the ERs, the entries in the certificate of votes or in the certificate In Ramas and Fermo rulings, the following are considered good reasons
of canvass that would frustrate the will of the electorate. for the grant of execution granting appeal:
1. The public interest involved or the will of the electorate;
The primordial concern is the expression of the true will of the sovereign 2. The shortness of the remaining period of the term of the contested
people. Disenfranchisement of the same would in effect run contrary to the office
sovereign power of the people, by which the Constitution provides that 3. The length of time that the election contest has been pending
sovereignty resides and emanates from them. Thus, if the issue involves is
manifest error a pre-proclamation controversy may still be given due course. 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
[5] Procedure in filing a pre-proclamation controversy (note the premature execution, it must manifest in the decision sought to be executed
grounds like correction of manifest error). that the defeat of the protestee and the victory of the protestant has been
clearly established.
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 [7]** What is an election protest?
hours where the failure of such is fatal to the candidate’s cause. Note that What are the principles common to all election contests?
the board shall not entertain unless it be reduced into writing in the As to who may file
prescribed forms and that 48 hours from the ruling of the board, the Jurisdictional allegations
adversely affected party must file a written and verified notice of appeal and Jurisdiction over election contests (From SC to MTC)
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.
[8] Cite when the rules of succession (vice-mayor) is applicable and
[6]* Discussion of the Rules regarding Execution Pending Appeal when the rule on second placer does not apply.

Execution pending appeal is an exception to the rule that only a final [9]* Overvoting
judgment may be executed. That is why there should be good reasons for
such granting of special orders. 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
Initially, the law was silent as to the rule on execution pending appeal in positions with a limited number but still the voter wrote or shaded in excess
election cases thus in the 2004 case of Batul v. Bayron the Rules of Court of the required vote. Under the existing rules in the elections laws, it is
were suppletorily applied. In 2007, however, AM No. 07-4-15-SC was considered as a stray vote. A stray vote will not be counted for any
promulgated and Rule 14, Section 11 thereof now provided for the procedure candidate chosen by the voter.
of execution pending appeal involving election cases.
In manual elections, the excess vote will be considered as stray but will not
Jurisprudence then later on recognizes in the case of Batul that the trial invalidate the whole ballot. An exception is the incumbent rule favoring
courts as well as the COMELEC in the exercise of its original and exclusive the incumbent in special cases. The same way under the Automated Election
jurisdiction is given the power to grant executions pending appeal. And System, the PCOS machine will not read the portion which was shaded more
under the case of San Miguel v. COMELEC as long as the motion is filed than what is required, but it will not invalidate the whole ballot. There can
within the five day reglementary period for appeal and the special order is still be stray vote.
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 [10]* Define/Distinguish:
period for appeal.
In Lim v. COMELEC (2007), the court laid down the requisites
Statement of Votes
before granting a motion for execution pending appeal.
Is a tabulation pre precinct of the votes obtained by the candidates
1. There must be a Motion by the prevailing party with notice to the
or reflected in the ER.
adverse party;
2. There must be Good reasons for the execution pending appeal
Election Returns is the election document produced and printed directly materially affected the standing of the aggrieved candidate or
by the PCOS or VCM stating the votes for each candidate in figures and candidates.
words in the precinct areas where the machines are utilized. It is considered (e) Correction of manifest errors.
as evidence in case of election fraud filed by parties.

[11]* When is a candidate a member of the HR? Cite the exception when COMELEC can act upon PPC involving election of
PRES, VP, Senate or HR Members.
In Velasco v. Belmonte, the Court held that to be considered a
duly member of the House of Representative, winning candidate must be: [15]* Three-term limit rule and its exceptions. (Latasa, Lonzanida,
1. Validly proclaimed based on complete canvass. The proclamation Borja, Aldovino – where tenure of office is not considered services for
must be valid before the COMELEC loses jurisdiction over a member applying the 3 term limit rule).
of the HR. If there was no valid proclamation, like in the case of
Reyes v. COMELEC who was disqualified prior proclamation, he is [16] Effects of the Section 12, 68, 77 and 78 petitions as to substitution
not a member of the Congress at all. and consideration as a candidate (basically explain everything you know).
2. After proclamation, the wining candidate must take his oath before
Question: What are the effects on the certificate of candidacy of
the authorized officials, for example, the Speaker of the House.
candidates under the various provisions of the OEC?
3. After being proclaimed and taking oath, he must assume the office
and responsibilities of the member of the HR.
[17] Jurisdiction of HRET and COMELEC in case of annulment of elections.
[12] Under the AES, the BOC after canvassing the votes, will electronically
transmit such data to the respective BOC or Electoral Tribunal. Hence under [18] Does preventive suspension operate under 3 term limit rule?
the AES, there can be no cases involving preparation, transmission, custody No. Check Aldovino v. COMELEC (enumerate the four excepts)
and appreciation of ballots. Secondly, in substitution of candidates, the 1. When there is suspension from the position
substituted candidate votes will be counted in favor of the substitute since 2. Succession to a higher office by operation of law
the spaces involving the ballot can no longer be edited. 3. Candidate is ordered to vacate the position by virtue of an election
protest
[13]* What are standards to be observed in an election contest? 4. In case of recall election
Cite the standards under the case of Regio v. COMELEC.

[19] Situational. – Disqualification (perpetual) due to the crime committed


[14]* The COMELEC has authority to decide PPC take place under 2
instances:
1. Those petitions directly filed before it [20] Two provisions which are distinct under AES law
2. Those filed as an appeal to the petition initially filed with the BOC 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
Scope Rule 27, Section 4 2. Under AES, a candidate is defined as a person seeking or aspiring
Sec. 4. Issues that May Be Raised in the Pre-Proclamation Controversies. - for an elective office who has not died, withdraw, or disqualified for
The following are the proper issues that may be raised in a pre-proclamation any cause.
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 IDENTIFICATION ANSWERS
returns or in other authentic copies thereof;
(c) The election returns or certificate of canvass were prepared under Summary in nature, no need for a full blown trial
duress, threats, coercion, or intimidation, or they are obviously
manufactured or not authentic; and Ministerial duty
(d) When substitute or fraudulent returns or certificates of canvass in
controverted polling places were canvassed, the results of which