ZPG & Associates
ELECTION LAWS natural -born citizens of the Philippines
Suffrage– the right and obligation of
qualified citizens to vote in the election of certain
national and local of the government and in the
decisions of public questions submitted to the
people. It includes within its scope: election,
plebiscite, initiative, referendum and recall.
Election– the means by which the people
choose their officials for a definite and fixed
period and to whom they entrust for the time
being as their representatives the exercise of the
powers of the government, It involves the choice
of selection of candidates to public office by
popular vote.
Plebiscite– a vote of the people
expressing their choice for against a proposed
law or enactment submitted to them. An election
at which any proposed amendment to or revision
of the Constitution is submitted to the people for
their ratification. A constitutional requirement o
secure the approval of the people directly
affected, before certain proposed changes
affecting local governments units may be
implemented.
Initiative– it is the process by which the
registered voters directly propose, amend laws,
national or local, though an election called for the
propose. Amendments to the Constitution may
likewise be directly proposed by the people
though initiative.
Referendum- it is at he submission of a
law pass by the national or local legislative body
to the registered voters of an election called for
the purpose for their ratification or rejection.
Recall- it is a method by which a public
officer may be removed from office during his
tenure or before the expiration of his term by a
vote of the people after registration of a petition
singed by a required percentage of the qualified
voters.
Since the right of suffrage is a political and
not a natural right, it is within the power of the
state prescribe the manner in which such right
shall be exercised. Congress is mandated by the
Constitution (Sec.2, Art. V):
To provide a system for securing the secrecy
and sanctity of the ballot, and for
absentee voting by qualified Filipinos
abroad, and
To design a procedure for the disabled and
the illiterate to vote without the
assistance of other persons.
THE COMMISSION ON ELECTIONS
Composition, Qualifications, Appointment,
Term of Office
The COMELEC is composed of a chairman
and six (6) Commission, The Chairman and the
Members of the Commission shall be:
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at least thirty-five years of age
holders of a college degree
must not have been candidates for any
elective position in the immediately
preceding election
majority thereof, including the Chairman shall
be members of the Philippines Bar who
have been engaged in the practice of law
for at least 10 years (reason: COMELEC
exercises quasi-judicial powers)
The Chairman and Members are appointed
by the president with the consent of the
commission on Appointment for the term seven
(7) years without reappointment on a staggered
basis to make the COMELEC a continuing and
self-perpetuating body. Consequently, its
members would have the benefit of the
experience and expertise of the order members
of the performance of its functions, and makes
for greater responsibility for its policies and
decisions and serve as guarantee against
arbitrary action which is likely to occur in a body
handling partisans questions.
A member appointment and designations
in temporary or acting capacity are not allowed to
preserve its independence.
Disabilities, inhibitions\disqualifications
1. Shall not, during tenure, hold any
other office or employment
2. Shall not engage in the practice of
profession
3. Shall not engage in active
management or control of any business
which in any ay may be affected by the
functions of his office
4. Shall not be financially interested,
directly or indirectly, in any contract with,
or in any franchise or privilege granted by
the Government, any of its subdivisions,
agencies or instrumentalities, including
GOCC s or their subsidiaries.
Safeguards to insure the independence of
the COMELEC
It is constitutionally created; may not be
abolished by statute
It is expressly described as “independent”
It is conferred with certain powers and
functions which cannot be reduced by
statute.
The chairman and members cannot be
removed except by impeachment.
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The chairman and members are given fairly
long term of office of seven years.
The chairman and members may not be
reappointed or appointed in an acting
capacity.
The salaries of the chairman and members
are relatively high and may not be
decreased during continuance in office.
The COMELEC enjoy fiscal autonomy.
The COMELEC may promulgate its own
procedural rules, provided they do not
diminish, increase or modify substantive
rights (though subject to disapproval by
the Supreme Court)
The Chairman and Members are subject to
certain disqualifications calculated to
strengthen their integrity.
The COMELEC may appoint their own officials
and employees in accordance with Civil
Service Laws.
En Banc & Division Cases
SEC 3, ART IX-C “The COMELEC may
sit en banc or in two divisions, and shall
promulgate its rules of procedure in order
to expedite disposition of election cases,
including pre-proclamation controversies.
All such election cases shall be heard and
decided in division, provided that motions
for reconsideration of decision shall be
decided by COMELEC en banc”
The Supreme Court set aside the
resolutions/decisions of the COMELEC because
dthe COMELEC en banc tokk original cognizance
of the cases without referring them first to the
appropriate Division (Sarmiento vs. COMELEC 212
SCRA 307; Zarate vs COMELEC, 318 SCRA 608)
Interlocutory orders issued by a division of
the COMELEC cannot be elevated to the
COMELEC en banc. (Kho vs. COMELEC, 279 SCRA
463)
The following cases must be decided in
Division before they may be heard en bnc on
motion for reconsideration:
Petition to cancel a certificate of candidacy.
(Garvida vs. Sales, 271 SCRA 764)
Cases appealed from the RTC or MTC (Zarate
vs. COMELEC,318 SCRA 608)
Petition for certiorari involving incidental
issues of election protest.(Soller vs.
COMELEC,339 SCRA 685)
The COMELEC en banc, however, may
directly assume jurisdiction over petitions for
correction of manifest errors in the tabulation or
tallying of results (Ststement of votes) by the
Board of Canvassers, notwithstanding that the
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same is a pre-proclamation comtroversy.
Section 5, Rule 27 of the 1993 Rules of the
COMELEC expressly provides that pre-
proclamation controversies involving correction of
manifest errors in the tabulation of results may
be filed directly with the COMELELEC cen banc.
(Torres vs. COMELEC,270 SCRA 583; Ramirez vs.
COMELEC,270 SCRA 590)
The COMELEC en banc determines the
existence of probable cause.(Faelnar vs.
COMELEC,331 SCRA 429)
DECISIONS
ART IX-A, Section 7 “Each
commission(COMELEC) shall decide by a
majority vote of all its Members any case or
matter brought before it within sixty days
from date of its submission for decision or
resolution. A case or matter is deemed
submitted for decision or resolution upon
the filing of the last pleading, brief, or
memorandum required by the rules of the
Commission or by the Commission itself.
Unless otherwise provided by the
Commission or by law; any decision, order,
or ruling of each Commission may be
brought to the Supreme Court on certiorari
by the aggrieved party within 30 days from
receipt of a copy thereof.”
The COMELEC shall decide by a majority
vote of all its members in any case or matter
brought before it within 60 days from date of its
submission for decision or resolution. Two
members shall constitute a quorum for the
transaction of the official business of the Division.
A case being heard by it shaa be decided with the
unanimous concurrence ofc all three
Commissioners and its decision shall be
considered a decision of the commission. If this
required number is not obtained, as when there is
a dissenting opinion, the case may be appealed
to the Commission en banc, in which case the
vote of the majority shall be the decision of the
Commisssion.
The court holds that 2-1 decision rendered
by the First Division was a valid decision under
ART IX-A ,Section 7 of the Constitution.
Furthermore, the three members who voted to
affirm the First Division constituted a majority of
the five members who deliberated and voted
thereon en banc and their decision is also valid
under the aforecited constitutional provisions.
(Cua vs. COMELEC, 156 SCRA 587)
One who is no longer a member of the
COMELEC at the time the final decision or
resolution is promulgated cannot validly take part
in that resolution or decision,much more could he
be the ponente of the resolution or decision.
(Ambil vs. COMELEC, 344 SCRA 358)
RULES OF PROCEDURE
The COMELEC en banc may promulgate its
own rules concerning pleadinga and practice
before it or before any of its offices. Such rules,
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however, shall not diminish,increase or modify
substantive rights. The Rules of Court applies
suppletorily to proceedings before the COMELEC.
(Paangarungan vs. COOMELEC,216 SCRA 522)
CONSTITUTIONAL POWERS AND FUNCTIONS
Enforce and administer laws relative to
conduct of elections
The regular courts have no jurisdiction to
entertain a petition to enjoin the
construction of public works projects
within 45 days before an election.
(Gallardo vs. Tabamo,218 SCRA 253)
Decide election contests involving regional,
provincial and city officials
ELECTION CONTEST refers to the
adversary proceedings before which
matters involving the title or claim to an
elective office made before or after
proclamation of the winner,is settled
whether or not the contestant is claiming
the office in dispute. It is neither a civilk
action nor crimianal proceeding;it is a
summary proceeding of a political
character. Its purpose is to ascertain the
candidate lawfully elected to office.(Javier
vs. COMELEC,144 SCRA 194)
The COMELEC has exclusive appellate
jurisdiction over,inter alia, contest
involving elective barangay officials
decided by trial courts of limited
jurisdiction.(Beso vs. abolla,327 SCRA
100)
The provision of RA 6679 granting
appellate jurisdiction to the RTC over
decisions of MTCs in electoral cases
involving elective barangay officials is
unconstitutional. (Flores vs. COMELEC,184
SCRA 484)
The COMELEC is the proper appellate
court clothed with jurisdiction to hear the
appeal, which must first be filed wiyhin 5
days after the promulgation of the MTCs
decision(Antonio vs. COMELEC,315 SCRA
62)
The election of SK are goverened by the
Omnibus Election Code. Any contest
relating to the election of the SK (including
the chairman whether pertaining to their
eligibility or the manner of their election is
cognizable by MTCs,MTCCs, and MeTCs. It
is the proclamation which marks off the
jurisdiction of the courts from the
jurisdiction of election officials. (Marquez
vs. COMELEC, 313 SCRA 103)
The COMELEC has appellate jurisdiction
over election protest cases involving
elective municipal officials decided by
courts of general jurisdiction. (Carlos vs.
Angeles,346 SCRA 671)
Decide all questions affecting elections
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The COMELEC has no jurisdiction over
questions involving the right to vote which
includes qualifications and
disqualifications of voters, the right of a
person to be registered as voter, the right
to cast his vote, and other allied
questions. Such questions shall be decided
by the courts.( Naciionalista Party vs.
COMELEC, 84 Phil 49)
Election contests involving elections of SK
officials do not fall within section 252 of
the OEC and paragraph 2,section ART.IX-C
of the Constitution and no law in effect
prioir tom the ratification of the
constitution has made the SK Chairman an
elective barangay official. SK elections are
under the direct control and supervision of
the DILG. (Ahman vs. Mirasol,276 SCRA
501) Decisions/determinations made by
the COMELEC in the exercise of this
power, being merely administrative(not
quasi judicial) in character, may be
questioned in an ordinary civil action
before the trial courts.(Filipinas
Engineering vs. Ferrer,135 SCRA 25)
Deputize law enforcement agencies with the
concurrence of the President
Register political parties and accredit its
citizens arms
File petitions, investigate and prosecute
Recommend measures to improve election
laws
Recommend the imposition of disciplinary
action upon an employee it has deputized
for violation of its order.
Since the COMELEC can recommend that
disciplinary action be taken against an
officer it had deputized, idt can investigate
an administrative charge against such an
officer to determine whether or not it
should recommend that disciplinary action
can be taken against him (Tan vs.
COMELEC,237 SCRA 353)
Regulation of public entities and media-
Section 4, IX-C “The Commission may,
during the election period, supervise or
regulate the enjoyment or utilization of all
franchises or permits for the operation of
transportation and other public utilities,
media of communication or information,
all grants special privileges, or
concessions granted by the Government
or any subdivision, agency or
instrumentality thereof, including any
government-owned or controlled
corporation or its subsidiary. Such
supervision or regulation shall aim to
ensure equal opportunity, time, and space
and the right to reply, including
reasonable equal rates therefor, for public
information campaigns and forums among
candidates in connection with the
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objective of holding free, orderly, honest,
peaceful, and credible elections.
The authority given to the COMELEC is to
be exercised ofr the purpose of ensuring
free, orderly,honest,peaceful.and credible
elections and only during the elecxtion
period. Note that GOCCs are among those
that may be supervised and regulated by
the COMELEC.
The SC upheld the validity of Section
11(b), RA 6646, prohibiting the sale odr
donation of print space or airtime for
political advertisements, and the authority
of the COMELEC to procure print space
(upon payment of just compensation) and
free airtime for allocation to candidates.
(Telecommunication and Broadcast
Attorneys of the Philippines vs.
COMELEC,289 SCRA 33)
An exit poll is a species of electoral survey
conducted by qualified individuals or groups
of individuals for the purpose of determining
the probable result of an election by
confidentially asking randomly selected
voters whom they have voted
for,immediately after they have officially
cast their ballot.(ABS-CBN Broadcasting
corporation vs. COMELEC,323 SCRA 811)
An absolute prohibition would be
unreasonably restrictive,because it
effectively prevents the use of exit poll data
not only for election-day projections,but also
for long term research. The COMELEC
concern with the possible non
communicative effect of exit polls-disorder
and confusion in the voting centers- does
not justify a total ban on them. The holding
of exit polls and the dissemination of their
results through mass media constitute an
essential part of freedom of speech and of
the press. The reason behind the principle of
ballot secrecy is to avoid vote buying
through voter identification (ABS-CBN
Broadcasting Corporation vs. COMELEC)
The SC held that SEC 5.4 of the Fair
Election Act prohibiting publication of survey
results 15 days immediately preceding a
national election and 7 days before a local
election violates the constitutional rights of
speech,expression,and the press because:
a. It imposes prior restraint on the
freedom of expression;
b. It is a direct and total suppression of
the category of expression even
though such suppression is only for a
limited period; and
c. The governmental interest sought to
be promoted can be achieved by
means other than the suppression of
freedom of expression. (Social
Weather Station vs. Comelec, GR No.
147571, May 5,2001)
Make minor adjustments of the apportionment
of legislative districts.
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This refers mainly to the power to correct
an error because of the omission of a
municipality or an error in the name of a
municipality and does not include the power
to make a reappointment of legislative
districts. (Montejo vs. COMELEC,242 SCRA
415)
Adjust the apportionment in a case of creation
of new provinces or cities.
The COMELEC is merely authorized to adjust
the number of congressmen apportioned to
an old province if a new province is created
out of it and does not authorize the
COMELEC to transfer municipalities from
one legislative district to another.
(Montejo,supra)
Pardon violators of election laws.
Promulgate rulwes of procedure concerning
pleadings and practice before it or any of its
offices.
Submit report on how a previous elections was
conducted.
STATUTORY POWERS
1. Power to declare failure of election and
call for special election.
2. Exclusive original jurisdiction over all pre-
proclamation controversies.
3. Issue writs of certiorari, prohibition
The COMELEC has the authority to issue
extraordinary writs of certiorari,prohibition and
mandamus in aid of its exclusive appellate
jurisdiction.
Both the SC and the COMELEC have
concurrent jurisdiction to issue writs of
certiorari,prohibition, and mandamus over
decisions of trial courts of general jurisdiction in
election cases involving elective municipal
officials. The court takes jurisdiction first shall
exercise exclusive jurisdiction over the case.
(Carlos vs. Angeles,346 SCRA 571)
4. Summons parties to a controversy pending
before it
5. Enforce and execute its decisions and orders
6. Punish contempts provided for in the Rules of
Courts.
The COMELEC has the power to cite for
contempt, but this power may be exercised only
while the COMELEC is engaged in the
performance of quasi-judicial functions and not
administrative functions.(Guevarra vs.
COMELEC, 104 PHIL 269 and Masangcay vs.
COMELEC, 6 SCRA 270)
7. Promulgate rules and regulations
implementing the Election Code
8. Exercise direct and immediate supervision
and control over officials required to perform
duties relative to the conduct of election.
9. Prescribe forms to be used in the election
10. Procure any supplies, equjipment, materials
or services needed for the holding of election
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11. Prescribe the use or adoption of the latest
technological and electronic devices
12. Carry out continuing and systematic
campaign to educate the public about elections
13. Fix other reasonable periods for certain pre-
election requirements.
Enlist non-partisan groups to assist.
JUDICIAL REVIEW OF DECISIONS
Any decision, order or ruling of the
COMELEC en banc may be brought to the SC on
certiorari by the aggrieved party within 30m
days from receipt of the copy thereof. When the
Supreme Court reviews a decision of the
COMELEC, the court exercises extraordinary
jurisdiction, thus the proceeding is limited to
issues involving grave abuse of discretion
resulting in lack or excess of jurisdiction and
does not ordinarily empower the court to review
the factual findings of the COMELEC. (Aratuc vs.
COMELEC,88 SCRA 251)
The mode by which a decision, order or
ruling en banc may be elevated to the SC is the
civil action of certiorari under Rule 65 of the
1964 Revised Rules of Court, now expressly
provided in Rule 64, 1997 Rules of Civil
Procedure, as amended. (Ambil vs.
COMELEC,344 SCRA358)
A special civil action for certiorari is the
proper remedy to question any final order,
ruling and decision of the COMELEC rendered in
the exercise of its adjudicatory or quasi-judicial
powers.(Guerero vs. COMELEC,336 SCRA 458)
What is contemplated by the term “final
orders, rulings and decisions” of the COMELEC
reviewqable by certiorari by the Suprerme
Court as provided by law are those rendered in
actions or proceedings before the COMELEC
and taken cognizance of by the said body in the
exercize of its adjudicatory (or quasi-judicial)
powers. (Salva vs. Makalintal, 340 SRA 506)
COMELEC Resolution No. 2987 which
provides for the rules and regulations governing
the conduct of plebiscite, is not issued pursuant
to the COMELEC’s quasi-judicial functions but
merely as an incident of its inherent
administrative functions over the conduct of
plebiscites, and any question pertaining to the
validity of said resolution may be well taken in
an ordinary civil action before the trial courts.
(Salva ,supra)
The alleged nature or the COMELEC to
implement its resolution ordering the deletion
of a candidate’s name in the list of qualified
candidates does not call for the exercise of the
SC’s function of judicial review as it is
undoubtedly administrative in nature, beyond
judicial interference.(Chavez vs. COMELEC, 211
SCRA 315)
A resolution of the COMELEC awarding a
contract for the supply of voting booths to a
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private party, as a result of its choice among
various proposals submitted in response to its
invitation to bid, is not reviewable by certiorari
as it is not order rendered in the legal
controversy before it but merely as incident to
its inherent administration functions over the
conduct of elections. Any question arising from
said order may be taken in an ordinary civil
action. (Filipinas Engineering vs. COMELEC, 344
SCRA 358)
The Supreme Court has no power to
review via certiorari, an interlocutory order or
even a final resolution of a Division of the
COMELEC. (Ambil vs. COMELEC, 244 SCRA 358)
A decision, order or resolution of a division
of the COMELEC must be reviewed by the
COMELEC en banc decision may be brought to
the supreme Court on certiorari. (Ambil vs.
COMEL, 358)
VOTERS: QUALIFICATION AND
REGISTRATION
Qualification for Suffrage
Filipino citizenship- it may be by birth or
naturalization.
Age- a person may be registered as a voter
although he is less than 18 years at the time
of registration if he will be at least 18 on the
day of election.
Residence- at least 1 year in the Philippines,
and at least 6 months where he proposes to
vote immediately preceding the election.
Any person who, on the days of registration
may not have been reached the required
period of residence but who, on the day of
election shall possess such qualification,
may register as voter.
No literacy, property or other substantive
requirement shall be imposed on the exercise of
suffrage.
Any person who temporarily resides in
another city municipality or country solely by
reason of occupation, profession, employment in
public or private service, educational activities,
work in the military or naval reservations within
the Philippines, service in the AFP, PNP or
confinement or detention in government
institutions, shall not deemed to have lost his
original residence. (Sec. 9, RA 8189)
In election cases, the Supreme Court treats
domicile and residence and residence as
synonymous terms. In order to acquire a new
domicile by choice, there must concur (1)
residence or bodily presence in the new locality;
(2) an intention to remain there; and (3) an
intention to abandon the old domicile. The
residence at the place chosen for the new
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domicile must be actual. (Romualdez vs. RTC,226
SCRA 406)
Disqualifications
1. Any person sentenced by the final
judgment to suffer imprisonment for not
less than one year.
2. Any person adjudged by the final
judgment of having commit (a) any crime
involving disloyalty to the government or
(b) any crime against national security (c)
firearms laws.
3. Insane or incompetent persons
declared by competent authority.
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iii. Regional Trial Court – appellate
jurisdiction (5 days) (Sec. 33, RA
8189)
iv. Supreme Court – appellate
jurisdiction over RTC on question of
law (15 days) [Sec. 5(2)(e), Art. VIII,
PC; Sec. 2, Rule 45 of the Rules of
Court.]
2. Petitioners
ii. Inclusion
Private person whose application
was disapprove by the Election
Registration Board or whose name
as was stricken out from the list of
waters (Sec. 34, RA 8189)

Removal of disqualification for conviction COMELEC [Sec. 2(6), Art. IX-C, PC]

Plenary pardon iii. Exclusion

Amnesty i. Any registered voter in city

or municipality
Lapse of 5yaers after service of sentence ii. Representative of political
(Sec.111, RA 8189) party
iii. Election Officer (Sec. 39, RA
8189)
System of Continuing Registration iv. COMELEC [Sec. 2(6), Art. IX
– C, PC]
The personal filing o application of
registration of voters shall be conducted daily in 3. Period for Filing
the office of the Election Office during regular
office hours. No registration shall, however, be ii. Inclusion – Any day except 105
conducted during the period starting 120 days days before regular election or 75
before a regular election and 90 days before a days before a special election.
special election. (Sec. 8, RA 8189) (Sec. 24, RA 8189)
iii. Exclusion – Any time except 100
The Supreme Court upheld the validity of days before a regular election or 65
the COMELEC resolution denying the petition of days before special election. (Sec.
certain youth sectors to conduct a special 35 RA 8189)
registration: “Petitioners were not denied the
opportunity to avail of the continuing registration 4. Procedure
under RA 8189..the law aids the vigilant and not
those who slumber on their rights… ii. Petition for exclusion shall be
sworn (Sec. 35 , RA 8189)
“In a representative democracy the right iii. Each petition shall refer only to
of suffrage, although afforded a prime niche in only one precinct. (Sec. 35, RA
the hierarchy of right embodied in the 8189)
fundamental law., ought to be exercised within iv. Notice
the proper bounds frames and framework of the i. Parties to be notified
Constitution and must properly yield to pertinent
laws skillfully enacted by the Legislature…” 5. Inclusion – Election Registration Board
i. ii Exclusion –
“The right of suffrage ardently invoked by 6. Election Registration Board
herein petitioners is not at all absolute…the 7. Challenged voters [Sec. 32(b), RA 8189]
exercise of suffrage, as the enjoyment of all other 8. Manner
rights subject to existing substantive and 9.
procedural requirement embodied in our 1. Notice stating the
Constitution, statute books and other repositories place day and hour of hearing shall
of law.” (AKBAYAN – Youth et al. vs. COMELEC GR be served through any of the
No. 147066, March 26, 2001) following means:
10. Registered mail
Inclusion and Exclution Cases
ii. Personal delivery
1. Jurisdiction iii. Leaving copy in possession of
sufficient discretion in
ii. Municipal or Metropolitan Trial residence.
Court – original and exclusive iv. Posting in city hall or municipal
Jurisdiction\ hall and two other
conspicuous places in the city
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or municipality at least 10 days in the presence of the voter, affix his signature
before the hearing (Sec. 32(b), at the back thereof. Failure to so authenticate
RA 8189) shall be noted in the minutes of the BEI and shall
constitute an election offense punishable under
• Any voter, candidate or political party Sections 263 and 264 of the OEC.
affected may intervene. (Sec. 32c, RA
8189) IV. POLITICAL PARTIES AND PARTY – LIST
• Non-appearance is prima facie evidence SYSTEM
the registered voter is fictitious (Sec. 32
(f), RA 8189) Political party or party when used in the
OEC means an organized group of persons
• Decision cannot be rendered on
pursuing the same ideology, political ideas or
stipulation of facts (Sec. 32 (f), RA 8189)
platforms of government and includes its
• No motion for reconsideration is allowed,
branches or divisions. A political party may refer
(Sec. 33, RA 8189)
to a local regional or national party existing and
Annulment of List of Voters
duly registered and accredited by the COMELEC.
To acquire juridical personality, qualify for
1. Upon verified complaint of any voter,
accreditation, and to be entitled to the rights of
election officer or registered political
political parties, a political party must be
party or motu propio, the COMELEC
registered with the COMELEC. The following
may annul a list of votes which was not
political parties cannot be registered.
prepared in accordance with RA 8189
or whose preparation was affected
1. Religious sects
with fraud, bribery, forgery,
2. Those which seeks to achieve their
impersonation, intimidation, force or
goals through unlawful means
other similar irregularity or statistically
3. Those which refuse to adhere to the
improbable.
Constitution
4. Those that are supported by any foreign
2. No list of voters shall be annulled
government
within 60 days before an election (See.
33, RA 8189)
GROUNDS FOR CANCELLATION OF
REGISTRATION
The annulment of the list of voters shall
not constitute a ground for a pre-proclamation
1. Accepting financial contributions from
controversy. (Ututalum vs. COMELEC, 181 SCRA
foreign governments or their agencies (for
335)
partisan election purposes.) (Sec.2(5), Art
IX – C, PC)
When an assailed order had been issued
2. It is a religious sect or denomination,
pursuant to COMELEC’s administrative powers in
organization or association organized for
the absence of any finding of grave abuse of
religious purposes.
discretion in declaring a precinct as non –
It advocates violence or unlawful
existent, said order shall stand, judicial
means to seek its goal
interference being unnecessary and uncalled
It is a foreign party or organization
for… The sacred right of suffrage guaranteed by
It violates or fails to comply with laws,
the Constitution is not tampered when a list of
rules and regulations relating to elections
fictitious voters is excluded from an electoral
It declares untruthful statements in its
exercise. (Sarangani vs. COMELEC, 334 SCRA
petition
379)
It has ceased to exist for at least one
year , and
Election precinct is the basic unit of territory
8. Fails to participate in the last two
established by the COMELEC for the purpose of
preceding elections, or fails to obtain at
voting.
least 2% of the votes cast under the party
– list system in the two preceding
A polling place refers to the building or place
elections for the constituency in which it
where the board of election inspectors conduct
was registered.
proceedings and where the voters cast their
votes.
• A party which fails to obtain at
least 10% of the votes cast in the
Voting center refers to the building or place
constituency in which it nominated
where the polling place is located.
candidates in the election next
following its registration shall forfeit its
List of voters refers to an enumeration of
registration.
names of registered voters in a precinct duly
certified by the Election Registration Board for
Party System. A free and open party system
use in the election.
shall be allowed to evolve according to the free
choice of the people. [Sec 2(5) Art. IX – C, PC]
Book of voters refers to the compilation of all
registration records in a precinct.
The Party – List System, is a
mechanism of proportional representation in the
Signature of Chairman at back of every
election of representatives to the House of
ballot
Representatives, from national, regional and
In every case before delivering an official
sectoral parties, organizations and coalitions
ballot to the voter, the Chairman of the BEI shall,
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thereof registered with the COMELEC. The Party –
list system was devised to replace the reserve
seat system – the very essence of the party – list
system is representation by election. (Veterans
Federation Party vs. COMELEC, 342 SCRA 244)
GUIDELINES FOR SCREENING PARTY LIST
PARTICIPANTS
1. The political party, sector, organization
must represent the marginalized and
underrepresented groups identified in
Sec. 5 of RA 7941. majority of its
membership should belong to the
marginalized and underrepresented;
Proportional representation refers to the
representation of the marginalized and
underrepresented as exemplified by
the enumeration in Sec/ 5 of the law,
namely; labor peasant, fisherfolk,
urban poor, indigenous cultural
communities, elderly,handicapped,
women youth, veterans, overseas
workers and professionals. The party –
list organization or party must factually
and truly represent the marginalized
and underrepresented constituencies
mentioned in Sec. 5 .(ang bagong
Bayani – OFW Labor Party, etal vs.
COMELEC etal. GR No. 147589. June
26, 2001)
2. While even major political parties are
expressly allowed by RA 7941 and the
Constitution, they must comply with
the declared statutory policy of
“Filipino citizens belonging to
marginalized and underrepresented
sectors to be elected to the House of
Representatives. “Thus, they must
show that they represent the interest
of the marginalized and
underrepresented;
Political parties, even the major ones, may
participate in the party – list elections, except for
purposes of May 11, 1998 elections. The requisite
character of these organizations must be
consistent with the purpose of the party – list
system, as laid down in the Constitution and RA
7941 . . .
Under the Constitution and RA 7941,
provide respondents cannot be disqualified from
the party list elections, merely on the ground that
they are political parties. Sec. 5 Art. VI of the
Constitution provides that members of the House
of Representatives may be elected through a
party – list system of registered national, regional
and sectoral parties or organizations.
Furthermore, under Secs. 7 and 8, Art IX – C of
the Constitution, political parties may be
registered under the party – list system. (Ang
Bagong Bayani – OFW Labor Party, et al vs.
COMELEC, et al. GR No. 147589, June 26, 2001)
3. That religious sector may not be
represented in the party – list system,
except that priest, imam or pastors
may be elected should they represent
8
not heir religious sect but the
indigenous community sector.
4. A party or an organization must not be
disqualified under Sec. 6, RA 7941;
5. The party organized must not be
adjunct of, or a project organized or an
entity funded or assisted by, the
government;
6. The party, including its nominees must
comply with the qualification
requirements of Sec. 9, RA 7941 as
follows: No person shall be nominated
as party list representative unless he
is:
a. natural – born – citizen of the
Philippines
b. a registered voter,
c. a resident of the Philippines for a
period not of no less than one year
immediately preceding the day of
the election;
d. able to read and write;
e. a bonafide member of the party or
organization which he seeks to
represent for at least 90 days
preceding the day of the election;
and
f. At least 25 years of age on the day
of the election. In case of a
nominee of the youth sector, at
least be 25 but not more than 30
years of age on the day of the
election. Any youth sectoral
representative who attains the age
of 30 during his term shall be
allowed to continue in office until
the expiration of his term.
7. Not only the candidate party or
organization must represent
marginalized and underrepresented
sectors, so also must its nominees;
8. While lacking a well – defined political
constituency, the nominee must
likewise be able to contribute to the
formation and enactment of
appropriate legislation that will benefit
the nation as a whole.
The parameters of the Filipino Party – List
System are: (1) the twenty percent
allocation, (2) the two percent
threshold; (3) the three seat limit; and
(4) proportional representation.
• The Constitution makes the
number of district representatives the
determinant in arriving at the number
of seats allocated for party list
lawmakers, a formulation which means
that any increase in the number of
district representatives, an as may be
provided by law, will necessarily result
in a corresponding increase in the
number of party – list seats . . . ..
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• Sections 5 (2), Art. VI of the
Constitution is not mandatory, it
merely provides a ceiling for party –
list seats in Congress . . Obtaining
absolute proportional representation is
restricted by the three-seat-per-party
limit to a maximum of two additional
slots . .
• Under the Niemeyer formula, the
number of additional seats to which a
qualified party would be entitled is
determined by multiplying the
remaining number of seats to be
allocated by the total number of votes
obtained by that party and dividing the
product by the total number of votes
garnered by all the qualified parties.
The Niemeyer formula, while no doubt
suitable for Germany, finds no application in the
Philippine setting because of our three seat limit
and the non – mandatory character of the twenty
percent allocation. (Ang Bagong Bayani –OFW
Labor Party, et al vs. COMELEC, et al. GR
No.147589, June 26, 2001)
V. CANDIDATES AND CERTIFICATES OF
CANDIDACY
QUALIFICATIONS OF CANDIDATES
A. National – Arts. VI and VII, PC
1. President and Vice President
2. Senators
3. Congressmen – District and Party –
List Representatives
B. Local – Sec.39, Local Government Code
Qualifications prescribed by law are
continuing requirements and must be possessed
for the duration of the officer’s active tenure.
Once any of the required qualifications is lost, his
title to the office may be seasonably challenged.
(Frivaldo vs. COMELEC, 174 SCRA 245 and Labor
vs. COMELEC, 176 SCRA 1)
Residence
In Marcos vs. COMELEC, 248 SCRA 300,
the Supreme Court upheld the qualification of
IRMarcos despite her own declarations in her
certificate of candidacy that she had resided in
the district for only seven months because of the
following:
1. A minor follows the domicile of his
parents; Tacloban became IRMs
domicile of origin by operation of law
when her father brought the family to
Leyte;
2. Domicile of origin is lost only when
there is actual removal or change of
domicile, a bonafide intention of
abandoning the former residence and
establishing a new one, and acts which
correspond with the purpose; in the
absence of clear and positive proof of
the concurrence of all these, these
domicile of origin should continue;
3. The wife does not automatically gain
the husband’s domicile because the
term “residence” in Civil Law does not
mean the same thing in Political Law,
9
when IRM married Marcos in 1954,
she kept her domicile or origin and
merely gained a new home, not a
domicilium necessarium;
4. Even assuming that she gained a new
domicile after her marriage and
acquired the right to choose a new one
only after her husband died, her acts
following her return to the country
clearly indicate that she chose
Tacloban, her domicile of origin, as her
domicile of choice.
• In Aquino vs. COMELEC, 248 SCRA 400, the
Supreme Court held that Agapito Aquino
failed to prove that he had established not
just residence but domicile of choice in
Makati. In his certificate of candidacy, he
indicated that he was a resident of San Jose
Concepcion, Tarlac for 52 years, he was a
registered voter of the same district, his birth
of certificate places Conception, Tarlac as
birthplace. Thus, his domicile of origin was
Conception, Tarlac, and his bare assertion of
transfer of domicile from tarlac to Makati is
hardly supported by the facts of the case.
• When the Constitution speaks of
residence the word should be
understood, consistent with Webster,
to mean actual, physical and personal
presence in the district that a
candidate seeks to represent
• The original concept of domicile, which arose
from American jurisprudence was not
intended to govern political rights, it was
designed to resolve the conflict of laws
between or among state where a decedent
may have lived for various reasons, for the
purpose of determining which law was
applicable as regards his estate . . .
Applying the concept of domicile in
determining residence as a qualification for an
elective office would negate the objective behind
the residence requirement set forth under the law
. . . (Domino vs. COMELEC 310 SCRA 546)
The place where the party actually or
constructively has his permanent home, where
he, no matter where he may found at any given
time, eventually intends to return and remain,
i.e., his domicile, is that to which the Constitution
refers when it speaks of residence for the
purposes of election law . . .
The registration of a voter in a place other
than his residence of origin is not sufficient to
consider him to have abandoned or lost his
residence. (Perez vs. COMELEC, 317 SCRA 641)
The rationale of requiring candidates to
have a minimum period of residence in the area
in which they seek to be elected is to prevent the
possibility of a stranger or newcomer
unacquainted with the conditions and needs of a
community and not identified with the latter from
seeking an elective office to serve that
community . . .
The classification of an area as a highly
urbanized or independent component city, for
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that matter, does not completely isolate its
residents, politics, commerce and other
businesses from the entire province, and vice
versa, especially when the city is located at the
very heart of the province itself . .
The residence requirement is rooted in the
desire that officials of districts or localities are
acquainted not only with the metes and bounds
of their constituencies but, more important, with
the constituents themselves, and a very
legalistic, academic and technical approach to
the resident requirement does not satisfy this
simple, practical and common sense national for
the residence requirement. (Torayna vs.
COMELEC 337 SCRA 574)
Philippine citizenship
The lost citizenship may be reacquired
under Sec. 1 of RA 2630, which provides that any
person who had lost his Philippine citizenship by
rendering service to, or accepting commission in,
the Armed Forces of the United States, or after
separation from the Armed Forces of the United
States, acquired United States citizenship by
taking an oath to the Republic of the Philippines
and registering the same with Local Civil Registry
in the place where he resides or last reside in the
Philippines. The said oath of allegiance shall
contain a renunciation of any other citizenship.
(Bengson III vs. HRET, et al. GR No. 142840, May
7, 2001)
Repatriation results in the recovery of the
original nationality. This means that a naturalized
Filipino who lost his citizenship will be restored to
his prior status as a naturalized Filipino citizen.
On the other hand, if he was originally a natural-
born citizen before he lost his Philippine
citizenship, he will be restored to his former
status as a natural –born Filipino. (Bengson,
supra)
Disqualifications
Grounds Under the Omnibus Election Code
A. Any person declared by competent
authority insane or Incompetent
B. Any person sentenced by final judgment
for any of the Following offenses:
1. Insurrection or rebellion
2. Offense for which he was
sentenced to penalty of More than
18 months
3. Crime involving morale turpitude
(Sec. 12, BP 881)
C. A permanent resident to or immigrant to
foreign country Unless he waives such
status (Sec. 68, BP 881)
D. Removal; Insanity or incompetence –
declaration of removal by competent
authority
10
E. Conviction; unless granted plenary
pardon, amnesty; or Lapse of 5 years after
service of sentence (Sec. 12, BP 881)
Grounds under the Local Government Code
– Sec. 40
A. Those sentenced by final judgment for an
offense involving moral turpitude or an
offense punishable by imprisonment for at
least one year, within two years after
service of sentence.
B. Those removed from office as a result of
an administrative case.
An elective local official who was removed
from office prior to January 1, 1992 is not
disqualified from running for elective local
office (Grego vs. COMELEC, 274 SCRA
481)
C. Those convicted by final judgment for
violating his oath of allegiance to the
Republic.
D. Those with dual citizenship--The phrase
“dual citizenship” in RA 7160, Sec. 40 (d)
and RA 7854, Sec. 20 must be understood
as referring to “dual allegiance.”
Consequently, persons with mere dual
citizenship do not fall under this
disqualification. For candidates with dual
citizenship, it should suffice if, upon the
filing of their certificates of candidacy,
they elect Philippine citizenship to
terminate their status as persons with dual
citizenship considering that their condition
is the unavoidable consequence of
conflicting laws of different states.
(Mercado vs. Manzano, 307 SCRA 630)
E. Fugitives from justice in criminal or non –
political cases.
F. The term includes not only those who flee
after conviction to avoid punishment, but
likewise who, after being changed, flee to
avoid prosecution. (Marquez vs. COMELEC,
243 SCRA 538)
G. Permanent residents in foreign country or
those who have the right to reside abroad
and continue to avail of it. (Caasi vs. CA,
191 SCRA 229)
H. The insane or feeble – minded.
Three consecutive terms limit
The term limit for elective local officials
must be taken to refer to the right to be elected
as well as the right to serve in the same elective
position. Consequently, it is not enough that an
individual has served three consecutive in an
elective local office, he must also have been
elected to the same position for the same
number of times before the disqualification can
apply: (Borja vs. COMELEC, GR No. 133495,
September 3, 1998)
Conditions for the application of the
disqualification: (1) the official concerned has
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been elected for three consecutive terms in the
same local government post and (2) that he has
fully served three consecutive terms . . .
A proclamation subsequently declared
void is no proclamation at all and while a
proclaimed candidate may assume office on the
strength of the proclamation of the Board of
Canvassers he is only a presumptive winner who
assumes office subject to the final outcome of the
election protest . .
Voluntary renunciation of a term of office
does not cancel the renounced term in the
computation of the three term limit; conversely
involuntary severance from the office for any
length of time short of the full term provided by
law amounts to an interruption of continuity of
service. (Lonzanida vs. COMELEC, 311 SACRA
602)
1. Under the Revised Administrative
Code – Municipal Office
• Ecclesiastics (Pamil vs.
Teleron, 56 SCRA 413)
• Persons receiving
compensation from provincial or
municipal funds
• Contractors for public works
of the municipality
2. Under the Lone candidate Law – RA
8295
Any elective official who has resigned
from his office by accepting an
appointive office to become vacant
due to his resignation; and
Any person who, directly or indirectly
coerces, bribes, threatens,
harasses, intimidates or actually
causes, inflicts or produces any
violence, injury, punishment,
torture, damage, loss or
disadvantages to any person or
persons aspiring to become a
candidate or that of the immediate
member of his family, his honor or
property that is meant to eliminate
all other potential candidates.
Certificates of Candidacy
No person shall be eligible for any elective
public unless he files a sworn certificate of
candidacy within the period fixed by the Omnibus
Election Code.
Deadline
Certificate of candidacy must be filed not
later than the day before the date for the
beginning of the campaign period. (Sec. 7,
RA 7166)
A certificate filed beyond the deadline is
not valid. (Gador vs. COMELEC, 95 SCRA
431)
11
Prohibition against multiple candidacies
A person who files a certificate of
candidacy for more than one office should
be eligible for any of them. (Sec 73, BP
881)
Before the deadline for filing certificates
he may withdraw all expect one, declaring
under oath the office for which he desires
to be eligible and cancel the certificate of
candidacy for other office or offices. (Go
vs. COMELEC, GR No. 147741, May 10,
2001)
Forms
Oath
The certificate must be sworn. (Sec. 73, BP
881)
The election of a candidate cannot be
annulled because of formal defects in his
certificate, such as held of oath (Guzman
vs. Board of Canvassers, 48 Phil 211)
Name
A candidate shall use his baptismal name
or full name, the name registered with the
civil registrar or any other name allowed
by law.
He may include one nickname or stage
name by which he is generally known.
When two or more candidates for the
same office have the same name or
surname, each shall state his paternal and
maternal surnames, except the incumbent
(See. 71, BP 881)
Place and Period of Filling
For President, Vice President and
Senators: main office of the COMELEC in
Manila, 5 copies, not later than 90 days
before date of election.
For Members of the House of
Representatives:
Provincial legislative districts – Provincial
Election Supervisor of the Province
concerned
NCR legislative districts – Regional
COMELEC Directors
Legislative districts in cities outside NCR –
City Election registrar concerned
For provincial offices – Provincial Election
Supervisor of the province concerned.
City and Municipal offices – City or
Municipal Election Registrar concerned.
The certificates of candidacy of Members
of the House of Representatives,
Provincial, city or municipal officials shall
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be filed in 5 copies not later than 45 days
before the election.
The certificate of candidacy shall be filed
by the candidate personally or his duly
authorized representative. No certificate
of candidacy shall be filed or accepted by
mail, telegram or facsimile.
The evident purpose of the law in
requiring the filing of certificate of
candidacy and in fixing the time limit
therefore are; (1) to enable the voters to
know, at least sixty days before the
regular election, the candidates among
whom they are to make the choice, and
(2) to avoid confusion and inconvenience
in the tabulation of the votes to the duly
registered candidates, there might be as
many persons voted for as there are
voters, and votes might be cast even for
unknown or fictitious persons, as mark to
identify the votes in favor of a candidate
for another office in the same election.
(Miranda vs. Abaya, 311 SCRA 617)
Duty of COMELEC
Subject to its authority over nuisance
candidates and its power to deny due
course or cancel a certificate of candidacy,
the rule is that the COMELEC shall have
only the ministerial duty to receive and
acknowledge receipt of the certificates of
candidacy. (Sec. 78, BP 881)
Effect Filing
An appointive public official is considered
resigned upon filing of his certificate. (Sec.
66, BP 881;Sanciangco vs. Rono, 137,
SCRA 671).This includes an employs of a
GOCC organized under the Corporation
Code (Without original charter), since the
law makes no distinction. (PNOC – EDC vs.
NLRC, 222 SCRA 831)
Any elective official, whether national or
local who has filed a certificate of
candidacy for the same or any other office
shall not be considered resigned from
office. (sec. 26, COMELEC Resolution No.
3636, Rules and Regulations
Implementing RA 9006)
Withdrawal of Certificate of Candidacy
Form – written declaration under oath. There
was no withdrawal of candidacy for the
position of mayor where the candidate,
before the deadline for filing certificates of
candidacy, personally appeared in the
COMELEC office, asked for his certificate
of candidacy and intercalated the word
“vice” before the word mayor and the
following day wrote the election registrar
saying that his name be included in the
list of official candidates for mayor.
(Vivero vs. COMELEC, L – 81059, Jan 12,
1989)
12
Since his certificate of candidacy for the
office of board member was filed by his
party, and the said party had withdrawn
the nomination which withdrawal was
confirmed by the candidate under oath,
there was substantial compliance with
Sec. 73. His filing under oath within the
statutory period of his individual
certificate for candidacy for the separate
office of mayor was, in effect, a rejection
of the party nomination on his behalf for
the office of board member. (Ramirez vs.
COMELEC, L-81150, Jan 12, 1992)
Substitution of Candidacy – Sec. 77 BP 881;
Sec. 12, RA 9006
If after the last day for filing certificates, a
candidate dies, withdraws or is
disqualified, he may be substituted by a
person belonging to his party not later
than the mid – day of election. Said
certificate may be filled with any board of
election inspectors in the political
subdivision where he is an electorate of
the country, with the COMELEC. (Domingo
vs. City Board of Canvassers, GR No.
105365, June 2, 1992)
Even if the withdrawal was not under oath,
the certificate of the substitute cannot be
annulled after the election. Such
technicality of the original candidate’s
withdrawal of his certificate of candidacy
cannot be used to override the people’s
will in favor to the substitute candidate.
The legal requirement that the withdrawal
be under oath will be held to be merely
directory and the candidate’s failure to
observe the requirement is considered a
harmless error. Hence the bona fide
certificate of the substitute candidate
cannot be assailed. The votes in his favor
should be counted. (Villanueva vs.
COMELEC, 140 SCRA 352)
In case of valid substitutions after the
official ballot have been printed, the votes
cast for the substituted candidates shall
be considered as many votes but shall not
invalidate the whole ballot. For this
purpose, the official ballots shall provide
spaces where the voters may write the
name of substitute candidates if they are
voting for the latter. (See. 12, RA 9006)
There is nothing in the Constitution or
statute which requires as condition
precedent that a substitute candidate
must have been a member of the party
concerned for a certain period of time
before he can be nominated as such.
(Sinaca vs. Mula, 315 SCRA 266)
A valid certificate of candidacy is likewise
an indispensable requisite in the case of a
substitution of a disqualified candidate
under the provisions of Sec. 77 of the
Election Code . . . The concept of a
substitute presupposes the existence of
the person to be substituted, for how can
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a person take the place of somebody who
does not exist or who never was...
A disqualified candidate may only be
substituted if he had a valid certificate of
candidacy in the first place because, if the
disqualified candidate did not have a valid
and seasonably filed certificate of
candidacy, he is and was not a candidate
at all. If a person was not a candidate, he
cannot be substituted under Sec. 77 of the
Code . . . .
While Sec. 78 of the Election Code
enumerated the occasion where a
candidate may validly substitute there is
no mention of the case where a candidate
is excluded not only by disqualification but
also by denial and cancellation of his
certificate of candidacy (Miranda vs.
Abaya, 311 SCRA 617)
In case of valid substitutions after the
official ballots have been printed, the
votes cast for the substituted candidates
shall be considered as stray votes but
shall not invalidate the whole ballot. Sec.
12, RA 9006. amending Sec. 12 of RA
8436)
DISQUALIFICATION OF CANDIDATES
1. Grounds
Violation of Omnibus Election Code – Sec. 68
Giving money or other material
consideration to influence voters
or public officials performing
electoral functions
Committing acts of terrorism to
enhance his candidacy
Spending in his election campaign in
excess of the amount allowed by
the Code
Soliciting, receiving or making any
prohibited contribution
Violations of Secs. 80, 83, 85, 86 and
261, paragraphs d, e, k, v and cc,
sub-paragraph 6.
Nuisance candidate – Sec. 69
A petition to disqualify a candidate for councilor
for failure to indicate in his certificate of
candidacy the precinct number and the barangay
as a registered voter cannot be considered a
petition to disqualify him for being a nuisance
candidate, since his certificate was not filed to
make mockery of the election or to confuse the
voters. (Jurilla vs. COMELEC, 232 SCRA 758)
Falsity of material representation in
certificate of candidacy. – Sec. 78
The COMELEC has jurisdiction over a petition to
disqualify a candidate for congressman for
ineligibility before he has been proclaimed and
has assumed office (Marcos vs. COMELEC, 248
SCRA 300; Aquino vs. COMELEC, 248 SCRA 400)
13
2. Procedure for disqualification of
candidates
The petition shall be filed by any
registered candidate for the same
Office within 5 days from the last day
of filing of certificates of Candidacy.
(Secs. 5a and 7, RA 6646)
Under the election laws and the
COMELEC Rules of Procedure, any
voter may file a petition to disqualify
a candidate on grounds provided by
law. (Torayno vs.COMELEC, 337 SCRA
574)
The fact that no docket fee was initially
paid is not fatal. The Procedural defect as
cured by the subsequent payment of the
docket fee. (Sunga vs. COMELEC, 228
SCRA 76)
A petition filed after the election is filed
out of time. (Loong vs.COMELEC, 216
SCRA 769)
Since the filing by facsimile transmission is
not sanctioned and a facsimile copy is not
an original pleading, a petition for
disqualification should be deemed filed
upon the filing of the original petition.
(Garvida vs. Sales, 271 SCRA 764)
Where a qualified candidate was replaced
on the day before the election, a petition
to disqualify the replacement filed on
election day should be entertained, as it
was impossible to file the petition earlier.
(Abella vs. Larrazabal, 180 SCRA 509)
The COMELEC may motu propio
refuse to give due course or cancel a
certificate of candidacy. (Sec. 69, BP
881)
The proceeding shall be summary.
(Nolasco vs. COMELEC, 275 SCRA
762)
The COMELEC can decide a
disqualification case directly without
referring it to its legal officers for
investigation. (Nolasco, supra)
The decision shall be final and
executory after 5 days from receipt
unless stayed by the Supreme Court
[Secs. 5(e) and 7, RA 6646]
EFFECTS OF DISQUALIFICATION CASE
After final judgment -Any candidate who
has been 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 for any reason 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
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complainant or any intervenor, may, during the
tendency thereof, order the suspension of the
proclamation of such candidate whenever the
evidence of guilt is strong. (Sec. 6, RA 6646)
The purpose of a disqualification
proceeding is to prevent the candidate from
running or, if elected, from serving, or to
prosecute him for violation of election laws. The
fact that a candidate has been proclaimed and
had assumed the position to which he was
elected does not divest the COMELEC of authority
and jurisdiction to continue the hearing and
eventually decide the disqualification. The
COMELEC should not dismiss the case simply
because the respondent has been proclaimed.
(Sunga vs. COMELEC, 288 SCRA 76 and
Lonzanida vs. COMELEC, 311 SCRA 617)
Sec. 6 of RA 6616 authorizes the
continuation of proceedings for disqualification
even after the elections if the respondent has not
been proclaimed. (Perez vs. COMELEC, 317 SCRA
641)
A disqualification case may have two
aspects, the administrative, which required only a
preponderance of evidence to prove
disqualification, and the criminal, which
necessitates proof beyond reasonable doubt to
convict.
There is no provision in RA 6646 that
treats of a situation where the complaint for
disqualification is filed after the election. . . .
Second paragraph of paragraph 2 of Res.
No. 2050 provides that where a complaint is filed
after the election but before proclamation, as in
this case, the complaint must be dismissed as a
disqualification case but shall be referred to the
Law Department for preliminary investigation.
Why there is a difference between a
petition for disqualifications before and after the
election proceeds from the fact that before the
electorate and those who vote for the candidate
assume the risk that should said candidate be
disqualified after the election, their votes would
be declared stray or invalid votes and that would
not be true in the case of one filed after the
electorate has already voted . . . (Bagatsing vs.
COMELEC, 320 SCRA 817)
The COMELEC can legally suspend the
proclamation of the winning candidate although
he received the winning number of votes.(Labo
vs. COMELEC, 211 SCRA 297).
The use of the word “may”, indicates that
the suspension of the proclamation is merely
directory and permissive in nature and operates
to confer discretion. What is made mandatory is
the continuation of the trial and hearing of the
action, inquiry or protest. Since the suspension of
the proclamation is merely permissive, the
proclamation of a candidate is valid, if the
COMELEC did not suspend his proclamation.
(Grego vs. COMELEC, 274 SCRA 481)
Under the same provision, intervention
may be allowed in proceedings for disqualification
14
even after election if there has yet no final
judgment rendered. (Mercado vs. Mazano, 307
SCRA 630)
Where the votes cast for a nuisance
candidate whose disqualification had not yet
become final on election day were tallied
separately, they should be counted in favor of the
petitioner. (Bautista vs. COMELEC, 298, SCRA
480)
THE LONE CANDIDATE LAW
The Lone Candidate Law is RA 8295,
enacted June 6, 1997. Section 2 thereof provides
the upon the expiration of the deadline for the
filing of certificate 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 that he
is the only candidate for the office and is thereby
deemed elected.
Section 3 thereof also provides that the
lone candidate so proclaimed shall assume office
not earlier than the scheduled election day, in the
absence of any lawful ground to deny due course
or cancel the certificate of candidacy in order to
prevent such proclamation.
VI. CAMPAIGN; ELECTION PROPAGANDA;
CONTRIBUTIONS AND EXPENDITURES
Election campaign or partisan political
activity refers to an act designed to promote the
election or defeat of a particular candidate or
candidates for public office. (Sec. 79, BP 881)
a. If done for the purpose of
enhancing the chances of aspirants for
nomination for candidacy to a public office
by a political party, etc, it shall not be
considered as election campaign or
partisan political activity.
b. It shall be unlawful for any person
or any party to engage in election
campaign or partisan political activity
except during the campaign period.
c. Members of the Civil Service to
engage, directly or indirectly, in any
electioneering or partisan political
campaign.
A. Nomination of candidates
1. President, Vice-President and Senators –
not earlier than 165 before election date
2. Congressmen, provincial, city or municipal
officials – not earlier than 75 days before
election day
B. Campaign period
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1. President, Vice-President and Senators – D. Prohibited Campaign
90 days before election day
1. Public exhibition of a movie,
2. Congressmen, provincial, city and cinematograph or documentary portraying
municipal officials – 45 days before the life or biography of a candidate during
election day. campaign period.\

C. Lawful propaganda 2. Public exhibition of a movie,

1. Forms
2. Pamphlets, leaflets, cards, decals, stickers
and written or printed materials not more
than 8 ½ inches by 14 inches
3. Handwritten/printed letters
cinematograph or documentary portrayed
by an actor or media personality who is
himself a candidate;
3. Use of airtime for campaign of a media
practitioner who is an official of a party or
a member of the campaign staff of a
candidate or political party.

4. Cloth, paper or cardboard, posters Scope

measuring, not more than 2 feet by 3 feet
3 by 8 ft. allowed in announcing at the site
on the occasion of a public meeting or
rally, may be displayed 5 days before the
date of rally but shall be removed within
24 hours after said rally.
1. Prohibiting the posting of decals and
stickers except in the common posting
area authorized by the COMELEC is not
valid (Adiong vs. COMELEC, 244 SCRA
272)

5. Paid print advertisements: ¼ page in 2. Mass media may report news relating to
broadsheets and ½ pages in tabloids candidates, and mass media practitioners
thrice a week per newspaper, magazine or may give their opinion regarding
other publication during the campaign candidates. (National Press Club vs.
period. (Sec. 4, RA 9006) COMELEC, 207 SCRA 1)

6. Broadcast Media(i.e., TV and radio) E. Rallies

National Positions: 120 minutes for TV,
180 minutes for radio / Local Positions: 60 1. An application for permit for a rally
minutes for TV, 90 minutes for radio shall not be denied except on the
ground that a prior written
7. Other forms of election propaganda not application for the same purpose has been
prohibited by the Omnibus Election Code approved. A denial is
and RA 9006, and authorized by the appealable to the provincial election supervisor or
COMELEC. COMELEC. (Sec. 87, BP 881)
2. It is unlawful to give or accept
Requirement transportation, food, drinks or things of
value within 5 hours before and
1. Any published or printed political matter after a public rally, before election day
or broadcast of election propaganda by and on election day. (Sec. 89 BP
television or radio for or against a 881)
candidate or group of candidates to any
public office shall bear and be reasonably F. Prohibited donations
legible or audible words “political It is prohibited for any candidate,
advertisement paid for,” followed by the his spouse, relative within second degree
true and correct name and address of the of consanguinity or affinity, or
candidate or party for whose benefit the representative to make any contribution
election propaganda was printed or aired. for any structure for public use or for use
of any religious or civic organization
2. If the broadcast is given free or charge by except the normal religious dues and
the radio or television station, it shall be payment for scholarships established and
identified by the word “airtime for this school contributions habitually made
broadcast was provided free of charge by” before the campaign period. (Sec. 104, BP
followed by the true and correct name and 881)
address of the broadcast entity.
G. Prohibited contributions’
3. Print, broadcast or outdoor No political contribution shall be
advertisements donated to the candidate made by the following:
or political party shall be printed, 1. Public or private financial
published, broadcast or exhibited without institutions
the written acceptance by the said 2. Public utilities and those who
candidate or political party. Such written exploit natural resources
acceptance shall be attached to the
advertising contract and shall be Thus, where an operator of
submitted to the COMELEC. (Sec. 4, RA a public utility disguised a
9006) contribution to a candidate for
governor as loan, the promissory
ZPG & Associates 16
note is void: (halili vs. Court of days after election day a statement of
Appeals, 83 SCRA 633) contributions and expenditures.
b. No persons elected shall
3. Persons who hold contracts or sub- assume office until he and his
contracts to supply the government political party has filed the required
with goods and services. statements
4. Persons granted franchises,
incentives, exemptions or similar 2. Penalties
privileges by a. First Offense –
the government administrative fine from P 1,000 to
5. Persons granted loans in excess of P30, 000
P25, 000 by the government or any of b. Subsequent offense
its subdivisions or instrumentalities i. Administrative fine
6. Schools which received grants of from P2,000 to P60, 000
public funds of at least P100,000 ii. Perpetual
7. Employees in the Civil Service or disqualification to hold public office (Sec. 14,
members of the Armed Forces. RA 7166)
8. Foreigners (Sec. 95 , Bp 881)
9. Corporations (sec. 36 (9), Corp. 3. Effect of withdrawal
Code) A candidate who withdraws
his certificate of candidacy must
H. Equal Access to Media Time and Space still file a statement of
All registered parties and bonafide contributions and expenditures, for
candidates shall have equal access to the law makes no distinction. (Pilar
media time and space . The following vs. COMELEC, 245 SCRA 759)
guidelines may be amplified on by the
COMELEC. VII. ELECTION; BOARD OF ELECTION
1. No franchise or permit to operate a INSPECTORS (BEI); WATCHERS
radio or television shall be granted or
issued, suspended or cancelled KINDS OF ELECTION
during the election period. 1. General election is one provided for by law
2. Any mass media columnist, for the election to offices throughout
commentator, announcer, reporter, on-air the State, or certain subdivisions thereof,
correspondent or personality who after the expiration of the full term of former
is a candidate for any elective public officers.
office or is a campaign volunteer 2. Special Election is one provided for by law
for or employed or retained in any to fill vacancy in office before the expiration of
capacity by any candidate or the full term for which the incumbent was elected
political party shall be deemed resigned, if or one fixed by the COMELEC due to
so required by their employers, or postponement or suspension of the election or
shall take a leave of absence from his the failure to elect.
work as such during the campaign. And 3. Recall election is an election by means of
that any media practitioner who is an which voters decide whether they should retain
official candidate of a political party their local official or elect his replacement.
or member of the campaign staff of a (Claudio vs. COMELEC, 331 SCRA 388)
candidate or political party
shall not use his media time and space to ELECTION PERIOD
favor any candidate or political party. Unless otherwise fixed by the COMELEC in
special cases, the election period shall commence
I. Limitation on expenses – Sec. 13, RA 7166 90 days before the day of the day of the election
1. Candidates and shall end 30 days thereafter.[Sec. 9, Art. IX –
a. President and vice president C, PC]
– P10 per voter
b. Other candidates – P3 per DATE OF ELECTION
voter in his constituency The regular election of the President, Vice-
c Candidate without political President, Senators and Members of the House of
party – P5 per voter Representatives and local officials, except
d. Party/organization and barangay officials, shall be on the second Monday
coalition participating in the party – of May once every three years. In accordance
list with the constitutional policy to synchronize
system – P5 per voter elections, the regular election for national and
local officials is now held simultaneously. (RA
2. Political party and coalition – P5 per 7166) Under 6679, regular elections for barangay
voter in the constituency where it has officials shall be held once every five years.
candidates. (sec. 13, RA 7166)
ELECTION OF SANGGUNIANG MEMBERS
J. Statement of contributions and 1. For provinces with two or more legislative
expenditures district the elective members of
1. Filing Sangguniang Panlalawigan (Spn) shall be
a. every candidate and elected by legislative districts.
treasurer of political party shall file within 30 2. For provinces with only one legislative
district – the COMELEC shall divide
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them into districts for purposes of electing
the members of the SPn;
3. For cities in Metro Manila Area, Cebu City,
Davao City or any other city with
two or more legislative district – governed
by Secs. 2 and 3 of RA 6686.
4. For municipalities in Metro Manila – the
COMELEC shall divide them into two
districts by barangay for purposes of
electing members of the SB.
POSEPONEMENT OF ELECTION
When for any serious cause such as
violence, terrorism, loss or destruction of election
paraphernalia or records, force majeure, and
other analogous cases of such nature that the
holding of a free, orderly and honest election
should become impossible in any political
subdivision, the COMELEC, motu propio or upon a
verified petition by any interested party, and
after due notice and hearing, whereby all
interested parties are afforded equal opportunity
to be heard, shall postpone the election therein.
(Sec. 5, BP 881)
An election officer alone, or even with the
agreement of the candidates, cannot validly
postpone or suspend the election. (Basher vs.
COMELEC, 330 SCRA 736). . . It is essential to the
validity of the election that the voters have notice
in some form, either actual or constructive, of the
time, place and purpose thereof (Basher vs.
COMELEC, supra)
A petition to postpone elections should be
addressed to the COMELEC, subject to the
remedy of review provided for in Art IX – A
Section 7.
In fixing the date of special elections the
COMELEC should see to it that:
1. It should not be later than thirty (30) days
after the secession of the cause of the
Postponement of suspension of the
election or a failure to elect; and
2. It should be reasonably close to the date
of the election not held, suspended or
Which resulted in the failure to elect.
(Pangandaman vs. COMELEC, 319 SCRA 283)
A special election is not valid if notice of
its date and of the transfer of the precincts was
given less than a day before, since the voters
were deprived of the opportunity to vote. (hassan
vs. COMELEC, 264 SCRA 125)
FAILURE OF ELECTION
1. Sec.6 the OEC contemplates three
instances when the COMELEC may declare a
failure of election and call for the holding of a
special election: (1) when thee election in any
polling place has not been held on the date fixed
on account of force majeure, violence, terrorism,
fraud and other analogous cases, (2) when the
election in any polling place has been suspended
before the hour fixed by law for the closure of the
voting; and (3) after the voting and during the
preparation and transmission of the election
returns or in the custody or canvass thereof, such
election results in a failure to elect. (Soliva et al
vs. COMELEC, GR No. 141723, April 20,2001)
17
2. The power to throw out or annul an
election should be exercised with the utmost care
and only under circumstances which demonstrate
beyond doubt either that the disregard of the law
had been so fundamental or so pertinent and
continuous that it is impossible to distinguish
what votes are lawful and what are unlawful, or
to arrive at any certain result whatsoever, or that
the great body of voters have been prevented by
viiolence, intimidation and threats from
exercising their franchise… There is failure of
elections only when the will of the electorate has
been muted and cannot be ascertained. (Benito
vs. COMELEC, GR No. 134913,January 19,2001)
3. A special election should be held if the
ballot box in the precinct was burned.(Hassan vs.
COMELLEC,264 SCRA 125)
4. The destruction of the copies of the
election returns intended for the board of
canvassers is not a ground for the declaration of
failure of election as other copies of the returns
can be used (Sardea vs. COMELEC,225 SCRA 374)
5. The fact that less than 25% of the
registered voters voted does not constitute
failure of election, since voting took place.
(Mitmug vs. COMELEC,230 SCRA 54)
6. Lack of notice of the date and time of the
canvass, fraud, violence, terrorism, and
analogous causes, such as disenfranchisement of
voters, presence of flying voters, and lack of
qualifications of the members of the Board of
Inspectors are not grounds for declaration of
failure of election but for an election protest.
(Borja vs. COMELEC,260 SCRA 604)
7. The fact that the names of some
registered voters were omitted from the list of
voters, strangers voted for some of the registered
voters, a candidate was credited with less votes
than he received, the control data of some
election returns were filled up, the ballot boxes
were brought to the municipal hall without
padlock and seals, and that there was a delay in
the delivery of election returns are not grounds
for the declaration of failure of election. (Canicosa
vs. COMELEC, 282 SCRA 512)
8. An election cannot be annulled because of
the illegal transfer of a precinct less than 45 days
before the election if the votes of those who were
not able to vote will not alter the result.
(Balindong vs. COMELEC, 260 SCRA 494)
9. There is no reglementary period for filing a
petition for annulment of an election if there has
as yet been no proclamation. (Loong vs.
COMELEC, 257 SCRA 1)
10. The COMELEC may decide a petition to
declare a failure of election en banc at the first
instance, since it is not a pre-proclamation case
or an election protest. (Borja vs. COMELEC, 260
SCRA 604)
In petitions to declare a failure of election on the
ground of fraud, the COMELEC may
conduct a technical examination of
election documents and compare and
ZPG & Associates
analyze the signatures and fingerprints of
the voters. (Loong vss. COMELEC,257
SCRA 1)
SPECIAL ELECTION TO FILL UP VACANCY
1. In case of permanent vacancy in Congress
at least one year before the expiration of the
term, the COMELEC shall hold a special election
not earlier than 90 days after the occurrence of
the vacancy.
2. A vacancy in the Senate will be filled up at
the next regular election.(Section 4,RA 7166)
BOARD OF ELECTION INSPECTORS (BEI)
The Board of Election Inspectors shall be
composed of a chairman and two
members, all of whom are public school
teachers.
If there are not enough public school teachers,
teachers in private schools, employees in
the civil service, or other citizens of known
probity and competence may be
appointed. (Section 13, RA 6646)
WATCHERS
Number
1. Official watchers
Every registered party or coalition
of parties and every candidate
is entitled to one watcher per
precinct and canvassing
counter.
Candidates for the local legislature
belonging to the same party are
entitled collectively to one
watcher.
Six principal watchers from 6
accredited major political
parties shall be recognized.
(Section 26, 7166)
2. Other watchers
a. The accredited citizen’s arm is
entitled to a watcher in every precinct.
b. Other civic organizations may be
authorized to appoint one watcher in
every precinct. (Section 180, BP
881)
Important rights of watchers
1. All watchers
a. To stay inside the precinct
b. To inform themselves of the
proceedings
c. To file a protest against any
irregularity
d. To obtain a certificate of the
number of votes cast for each
candidate (Section 179, BP881)
2. Citizen’s Arm
To be given a copy of the election
return to be used for the conduct of an
unofficial count. (Section 1, RA 8045)
VIII. CASTING OF VOTES
1. The chairman of the Board of Election
Inspectors should sign each ballot at the back.
The omission of such signature does not affect
the validity of the ballot.(Libanan vs HRET,283
SCRA 520) Under the rules prevailing during the
1997 Barangay Elections, the failure to
authenticate the ballots shall no longer be cause
18
for the invalidation thereof. (Malabaguio vs.
COMELEC,346 SCRA 699)
2. A voter who was challenged on the ground
that he has been paid for the vote or made a bet
on the result of the election will be allowed to
vote if he takes an oath that he did not commit
the act alleged in the challenge. (Section
200,BP881)
3. An illiterate or physically disabled voter
may be assisted by a relative by affinity or
consanguinity within the fourth degree or any
person of his confidence who belongs to the same
household or any member of the Board of
Election Inspectors. (Section 196, BP881)
4. It is unlawful to use carbon paper, paraffin
paper or other means for making a copy of the
contents of the ballot or to use any means to
identify the ballot.(Sec. 195,BP881). A ballot
prepared under such circumstances should not be
counted. (Gutierrez vs. Aquino, Feb,26,1959)
ABSENTEE VOTING
1. Members of the Board of Election
Inspectors and their substitutes may vote in the
precinct where they are assigned. (Section 169,
BP 881)
2. Absentee voting for President, V-president
and Senators are allowed for members of the
AFP, PNP, and other government employees
assigned in connection with the performance of
election duties to places where they are not
registered. (Section 12, RA 7166)
RA NO. 9189 “AN ACT PROVIDING FOR A
SYSTEM OF OVERSEAS ABSENTEE VOTING
BY QUALIFIED CITIZENS OF THE PHILIPPINES
ABROAD”
Sec. 5. Disqualification. – The following shall
be disqualified from voting under this Act:
a) Those who have lost their Filipino
citizenship in accordance with Philippine laws;
b) Those who have expressly renounced their
Philippine citizenship and who have pledge
allegiance to a foreign country;
c) Those who have committed and are
convicted in a final judgment by a court or
tribunal of an offense punishable by
imprisonment of not less than one (1) year,
including those who have committed and
been found guilty of Disloyalty as define
under Article 137 of the Revised Penal Code,
such disability not having been removed by
plenary pardon or amnesty: Provided,
however, That any person disqualified to vote
under this subsection shall automatically
acquire the right to vote upon expiration of
five(5) years after service of sentence;
Provided further, That the Commission may
take cognizance of final judgments issued by
foreign courts or tribunals only on the basis or
reciprocity and subject to the formalities and
processes prescribed by the Rules of court on
execution of judgments;
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d) An immigrant or a permanent resident who is
recognized as such in the host country, unless
he/she execute, upon registration, an affidavit
prepared for the purpose by the Commission
declaring that he/ she shall resume actual
physical permanent residence in the
Philippine not later than three(3) years from
approval of his/her registration under this Act.
Such affidavit shall also state that she/ he has
no applied for citizenship in another country.
Failure to return shall be cause for the
removal of the name of immigrant or
permanent resident from the National
Registry of Absentee Voters and his/her
permanent disqualification to vote in
absentia.
e) Any citizen of the
Philippines abroad previously declared insane
or incompetent by competent authority in the
Philippines or abroad, as verified by the
Philippine embassies, consulates or foreign
service establishments concerned, unless
such competent authority subsequently
certifies that such person is no longer insane
or incompetent.
SEC. 6 Personal Overseas Absentee
Registration. – Registration as an overseas
absentee voter shall be done in person.
Qualified citizens of the Philippines abroad who
failed to register under Republic Act No. 8189,
otherwise known as “The Voters Registration Act of
1996”, may personally apply for registration with
the Election Registration Board of the city or
municipality where they were domiciled
immediately prior to their departure from the
Philippines, or with the representative of the
Commission of the Philippine embassies,
consulates and other foreign service
establishments that have jurisdiction over the
locality where they temporarily reside. Subject to
guidelines herein provided, the Commission is
hereby authorized to prescribe procedures for
overseas absentee registration pursuant to the
provisions of Republic Act No. 8189, whenever
applicable, taking into strict consideration the time
zones and the various periods and processes herein
provided for the proper implementation of this Act.
The embassies, consulates and other foreign
service establishments shall transmit within five (5)
days from receipt the accomplished registration
forms to the Commission after which the
Commission shall coordinate with the Election
Officer of the city or municipality of the applicant’s
stated residence for verification, hearing and
annotation in the permanent list of voters.
All applications for the May 2004 elections
shall be filed with the Commission not later than
two hundred eighty (280) calendar days before the
day of elections. For succeeding elections, the
Commission shall provide for the period within
which applications to register must be filed.
In the case of seafarers, the Commission
shall provide a special mechanism for the time and
manner of personal registration taking into
consideration the nature of their work.
19
6.1 Upon receipt of the application for
registration, the Election Officer shall
immediately set the application for
hearing, the notice of which shall be
posted in a conspicuous place in the
premises of the city or municipal
building of the applicant’s stated
residence for at least one (1) week
before the date of the hearing. The
Election Officer shall immediately
furnish a copy of the application to the
designated representatives of political
parties and other accredited groups.
6.2 If no verified objection to the
application is filed, the Election Officer
shall immediately forward the
application to the Election Registration
Board, which shall decide on the
application within one (1) week from
the date of hearing without waiting for
the quarterly meeting of the Board.
The applicant shall be notified of the
approval or disapproval of his/her
application by registered mail.
6.3 In the event that an objection to the
application is filed prior to or on the
date of hearing, the Election Officer
shall notify the applicant of said
objection by registered mail, and
closing therein copies of affidavits or
documents submitted in support of
the objection filed with the said
Election Officer, if any. The applicant
shall have the right to file his counter-
affidavit by registered mail, clearly
stating therein facts and defenses
sworn before any officer in the host
country authorized to administer
oaths.
6.4 The application shall be approved or
disapproved based on the merits of
the objection, counter-affidavit and
documents submitted by the party
objecting and those of the applicant.
6.5 A Certificate of Registration as an
overseas absentee voter shall be
issued by the Commission to all
applicants whose applications have
been approved, including those
certified as registered voters. The
Commission shall include the
approved applications in the National
Registry of Absentee Voters.
6.6 If the application has been approved,
any interested party may file a
petition for exclusion not later than
two hundred ten (210) days before the
day of elections with the proper
municipal or metropolitan trial court.
The petition shall be decided within
fifteen (15) days after its filing on the
basis of the documents submitted in
connection therewith. Should the
court fail to render a decision within
the prescribed period, the ruling of the
Election Registration Board shall be
considered affirmed.
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6.7 If the application has been approved, (iii) Where voting by mail is
the applicant or his authorized allowed, the applicant’s mailing
representative shall, within a period of address outside the Philippines
five (5) days from receipt of the notice where the ballot for absentee
of this approval, have the right to file voters will be sent, in proper
a petition for inclusion with the proper cases; and
municipal or metropolitan trial court.
The petition shall be decided within (iv) Name and address of
five (5) days after its filing on the applicant’s authorized
basis of documents submitted in representative in the
connection therewith. Philippines for purposes of
Section 6.7 and Section 12
Qualified citizens of the Philippines hereof.
abroad, who have previously registered as voters
pursuant to Republic Act No. 8189 shall apply for c.) In the case of immigrants and
certification as absentee voters and for inclusion permanent residents not
in the National Registry of Overseas Absentee otherwise disqualified to vote
Voters, with a corresponding annotation in the under this Act, an affidavit
Certified Voter’s List. declaring the intention to
resume actual physical
Sec. 7. System of Continuing permanent residence in the
Registration. – The Commission shall ensure Philippines not later than three
that the benefits of the system of continuing (3) years after approval of
registration are extended to qualified overseas his/her registration as an
absentee voters. Towards this end, the overseas absentee voter under
Commission shall optimize the use of existing this Act. Such affidavit shall
facilities, personnel and mechanisms of the also state that he/she has not
various government agencies for purposes of applied for citizenship in
data gathering, data validation, information another country.
dissemination and facilitation of the registration
process. The Commission may also
require additional data to
Pre-departure programs, services and facilitate registration and
mechanisms offered and administered by the recording. NO information other
Department of Foreign Affairs, Department of than those necessary to
Labor and Employment, Philippine Overseas establish the identity and
Employment Administration, Overseas Workers’ qualification of the applicant
Welfare Administration, Commission on Filipinos shall be required.
Overseas and other appropriate agencies of the
government shall be utilized for purposes of Sec. 11 Procedure for Application to Vote in
supporting the overseas absentee registration Absentia.-
and voting processes, subject to limitations
imposed by law. 11.1 Every qualified citizen to the Philippines
abroad whose application for registration
Sec.8 Requirements for Registration. has been approved, including those
– Every Filipino registrant shall be required to previously registered under Republic Act No.
furnish the following documents: 8189, shall, in every national election, file
with the officer of the embassy, consulate or
a.) A valid Philippine other foreign service establishment
passport. In the absence of a valid authorized by the Commission, a sworn
passport, a certification of the written application to vote in a form
Department of Foreign Affairs that prescribed by the Commission. The
it has reviewed the appropriate authorized officer of such embassy,
documents submitted by the consulate or other foreign service
applicant and found them sufficient establishment shall transmit to the
to warrant the issuance of a Commission the said application to vote
passport, or that the applicant is a within five (5) days from receipt thereof.
holder of a valid passport but is The application form shall be accomplished
unable to produce the same for a in triplicate and submitted together with the
valid reason; photocopy of his/her overseas absentee
b.) Accomplished voter certificate of registration.
registration from prescribed by the
commission containing the 11.2 Every application to vote in absentia may
mandatory information: be done personally at, or by mail to the
embassy, consulate or foreign service
(i) Last know residence of the establishment, which has jurisdiction over
applicant in the Philippines before the country where he/she has indicated
leaving for abroad; his/her address for purposes of th elections.
(ii) Address of applicant abroad, or
forwarding address in the case 11.3 Consular and diplomatic services rendered
of seafarers; in connection with the overseas absentee
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voting processes shall be made available at
no cost to the overseas absentee voter.
Sec. 12 . Verification and Approval of
Application to Vote.-
All applications shall be acted upon by the
Commission upon receipt thereof, but in no
case later than one hundred fifty (150) days
before the day of elections. In the event of
disapproval of the application, the voter or his
authorized representative may file a Motion for
Reconsideration with the Commission
personally, or by registered mail, within ten (10)
days from receipt of the notice of disapproval.
The Commission shall act within five (5) days
from receipt of such Motion for Reconsideration
and shall immediately notify the voter of its
decision. The decision of the Commission shall
be final and executory.
Sec. 16. casting and Submission of Ballot.-
16.1 Upon receipt by7 the designated officer of
the embassy, consulate and other foreign
service establishments of the ballots for
overseas absentee voters, voting
instruction, election forms and other
paraphernalia, he/she shall make them
available on the premises to the qualified
overseas absentee voters in their
respective jurisdiction during the thirty (30
) days before the day of elections when
overseas absentee voters may cast their
vote. Immediately upon receiving it, the
overseas voter must fill-out his/her ballot
personally, in secret, without leaving the
premises of the embassies, consulates
and other Foreign Service establishments
concerned.
16.2 The overseas absentee voter shall
personally accomplish his/her ballot at
the embassy, consulate or other foreign
service establishment that has
jurisdiction over the country where
he/she temporarily resides or at any
polling place designated and accredited
by the Commission.
16.3 The overseas absentee voter shall cast
his ballot, upon presentation of the
absentee voter identification card issued
by the Commission, within thirty (30)
days before the day of elections. In the
case of seafarers, they shall cast their
ballots anytime within sixty (60) days
before the day of elections. In the case of
seafarers, they shall cast their ballots
anytime within sixty (60) days before the
day of elections as prescribed in the
Implementing Rules and Guidelines.
16.4 All accomplished ballots received shall be
placed unopened inside sealed containers
and kept in a secure place designated by
the Commission.
16.5 The embassies, consulates and other
foreign service establishments concerned
shall keep a complete record of the
ballots for overseas absentee voters,
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specifically indicating the number of
ballots they actually received, and in
cases where voting by mail is allowed
under Section 17 hereof, the names and
addresses of the voters to whom these
ballots were sent, including proof of
receipt thereof. In addition, the
embassies, consulates and other foreign
service establishments shall submit a
formal report to the Commission and the
Joint Congressional Oversight Committee
created under this Act within thirty (30)
days from the day of elections. Such
report shall contain data on the number
of ballots cast and received by the
officers the number of invalid and
unclaimed ballots and other pertinent
data.
16.6 The overseas absentee shall be
instructed that his/her ballot shall not be
counted if it is not inside the special
envelope furnished him/her when it is
cast.
16.7 Ballots not claimed by the overseas
absentee voters at the embassies,
consulates and other foreign service
establishments, in case of personal
voting, and ballots returned to the
embassies, consulates and other foreign
service establishments concerned, in the
case of voting by mail. Shall be cancelled
and shipped to the Commission by the
least costly method within six (6) months
from the day of elections.
16.8 Only ballots cast, and mailed ballots
received by the Philippine embassies,
consulates and other foreign service
establishments concerned in accordance
with Section 17 hereof before the close of
voting open the day of elections shall be
counted in accordance with Section 18
hereof. All envelopes containing the
ballots received by the embassies,
consulates and other foreign service
establishments after the prescribed
period shall not b opened, and shall be
cancelled and shipped to the Commission
by the least costly method within six (6)
months from the day of elections.
16.9 A special Ballot Reception and Custody
Group composed of three (3) members
shall be constituted by the Commission
from among the staff of the embassies,
consulates and other foreign service
establishments concerned including their
attached agencies, and citizens of the
Philippines abroad, who will be deputized
to receive ballots and take custody of the
same preparatory to their transmittal to
the Special Boards of Election Inspectors.
16.10 During this phase of the election process,
the authorized representatives of political
parties, candidates, and accredited
citizens’ arms of the Commission shall be
notified in writing thereof and shall have
the right to witness the proceedings.
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16.11 The Commission shall study the use of
electronic mail, internet, or other secured
networks in the casting of votes, and
submit a report thereon to the Joint
Congressional Oversight Committee.
Sec. 17. Voting by Mail. –
17.1 For the May 2004 elections, the Commission
shall authorize by voting mail in not more
than three (3) countries, subject to the
approval of the Congressional Oversight
Committee. Voting by mail may be allowed
in countries that satisfy the following
conditions:
a.) Where the mailing system
is fairly well-developed
and secure to prevent
occasion for fraud;
b.) Where there exists a
technically established
identification system that
would preclude multiple
or proxy voting; and
c.) Where the system of
reception and custody of
mailed ballots in the
embassies, consulates
and other foreign service
establishments concerned
are adequate and well-
secured.
Thereafter, voting by mail in
any country shall be allowed
only upon review and
approval of the Joint
Congressional Oversight
Committee.
17..2 The overseas absentee voter shall send
his/her accomplished ballot to the
corresponding embassy, consular or
foreign service establishment that has
jurisdiction over the country where he/she
temporarily resides. He/she shall be
entitled to cast his/her ballot at any time
upon his/her receipt thereof, provided that
the same is received before the close of
voting on the day of elections. The
overseas absentee voter shall be
instructed that his/her ballots shall not be
counted if not transmitted in the special
envelope furnished him/her.
17.3 Only mailed ballots received by the
Philippine embassy, consulate and other
foreign service establishments before the
close of voting on the day of elections
shall be counted in accordance with
Section 18 hereof. All envelopes
containing the ballots received by the
embassies, consulates and other foreign
service establishments after the
prescribed period shall not be opened, and
shall be cancelled and disposed of
appropriately, with a corresponding report
thereon submitted to the Commission not
later than thirty (30) days from the day of
elections.
22
Sec. 23. Security Measures to
Safeguard the Secrecy and Sanctity of
Ballots.- At all stages of the electoral process,
the Commission shall ensure that the secrecy and
integrity of the ballots are preserved. The
Committees on Absentee Voting of the
Commission shall be responsible for ensuring the
secrecy and sanctity of the absentee voting
process. In the interest of transparency, all
necessary and practicable measures shall be
adopted to allow representation of the
candidates, accredited major political parties,
accredited citizens’ arms and non-government
organizations to assist, and intervene in
appropriate cases, in all stages of the electoral
exercise and to prevent any and all forms of fraud
and correction.
Sec. 24. Prohibited Acts. – In addition
to the prohibited acts provided by law, it shall be
unlawful:
24.1 For any officer or employee of the
Philippine government to influence or
attempt to influence any person
covered by this act to vote, or not to
vote, for a particular candidate.
Nothing in this Act shall be deemed
to prohibit free discussion regarding
politics or candidates for public
office.
24.2 For any person to deprive any person
of any right secured in this act or to
give false information as to his/her
name, address, or period of
residence for the purposes of
establishing his/her eligibility or
ineligibility to register or vote under
this act; or to conspire with another
person for the purpose of
encouraging the giving of false
information in order to establish the
eligibility or ineligibility of any
individual to register or vote under
this Act; or, to pay, or offer to pa, or
to accept payment either fro
application to vote in absentia or for
voting.
24. 3 For any person to tamper with the
ballot, the mail containing the ballots
for overseas absentee voters, the
election returns including the
destruction, mutilation and
manipulation thereof.
24.4 For any person to steal, destroy,
conceal, mutilate or alter any record,
document or paper as required for
purposes of this Act.
24.5 For any deputized agent to refuse
without justifiable ground, to serve or
continue serving, or to comply with
his/her sworn duties after
acceptance of his/her appointments;
24.6 For any public officer or employee
who shall cause the preparations,
printing, distribution of information
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material, or post the same in website
without the prior approval of the
Commission.
24.7 For any public employee to cause the
transfer, promotion, extension, recall
of any member of the foreign service
corps, including members of the
attached agencies, or otherwise
cause movement of any such
member from his current post or
position one (1) year before and
three (3) months after the days of
elections, without securing the prior
approval of the Commission.
24.8 For any person who, after being
deputized by the Commission to
undertake activities in connection
with the implementation of this Act,
shall campaign for or assist, in
whatsoever manner, candidates in
the elections.
23
IX COUNTING OF VOTES
MANNER
1. The Board of Election Inspectors shall read
the ballots publicly and shall not postpone the
count until it is completed. (Section 206, BP 881)
2. The Board of Election Inspectors shall
assume such positions as to provide the watchers
and the public unimpeded view of the ballot
being read. (Section 25, RA 7166)
3. If on account of violence or similar causes
it becomes necessary to transfer the counting of
the votes to a safer place, the BEI may effect the
transfer by unanimous approval of the board and
concurrence of a majority of the watchers
present. (Section 18, RA6646)
4. Where a commotion resulted in
suspension of the counting, the BEI may recount
the ballots. (Dayag vs. Alonzo)

For any person who is not citizen of the SPECIAL PROBLEMS

Philippines to participate by word or
deed, directly or indirectly through 1. Excess Ballots
qualified organizations/associations, in If there are excess ballots, the poll
any manner and at any stage of the clerk shall draw out as many ballots equal to the
Philippine political process abroad, excess without seeing them, and the excess
including participation in the campaign ballots shall not be counted. (Section 207, BP881)
and elections. 2. Spoiled ballots
a. Ballots in the compartment for
The Provision of existing laws to spoiled ballots are presumed to be spoiled
the contrary notwithstanding, and with ballots.
due regard to the Principle of Double If the BEI finds that a valid ballot was
Criminality, the prohibited acts described erroneously deposited in the
in this section are electoral offenses and compartment for spoiled ballots. It
punishable in the Philippines. shall be counted. (Section 209,
BP881)
The penalties imposed under 3. Marked Ballot
Section 264 of the Omnibus Election Code, a. Marked ballots shall not be
as amended, shall be imposed on any counted (Section 208, BP881)
person found guilty of committing any set b. A ballot is considered marked in
of the prohibited acts as defined I this any of the following cases:
section. Provided, that the penalty or The voter signed the
prision mayor in its minimum period shall ballot. (Ferrer vs De
be imposed upon any person found guilty Alban, 101 phil 10)
of Section 24.3 hereof without the benefit There were variations in
of the operation of the Indeterminate the style of writing
Sentence Law. If the offender is a public The name of a a candidate
officer or a candidate, the penalty shall be was written more than
prision mayor in its minimum period. In twice
addition, the offender shall be sentenced The voter wrote the
to suffer perpetual disqualification to hold names of well-known
public office and deprivation of the right to public figures who are
vote. not candidates such as
actors, actresses and
Immigrants and permanent national political figures.
residents who do not resume residence in (Protacto vs. De Leon, 9
the Philippines as stipulated in their SCRA 472)
affidavit under Section 5 (d) within three The ballot contains
(3) years after approval of his/her irrelevant expression.
registration under this Act and yet vote in (Bautista vs. Castro,206
the next elections contrary to the said SCRA 305). However,
section, shall be penalized by the use of nicknames
imprisonment of not less than one (1) and appellations of
year, and shall be deemed disqualified as affection and friendship,
provided in Section 5 (c) of this Act. if accompanied by the
His/her passport shall be stamped “not name of the candidate
allowed to vote”. does not annul the ballot
except when it is used to
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identify the voter.
(Section 211 (13),
BP811)
c. Evidence aliunde is not necessary
to prove a ballot as marked. (Bacobo vs.
COMELEC,191 SCRA 576)
d. a ballot in which a sticker was
stuck by another person to invalidate it
should not be rejected. (Lerias vs.
HRET,202 SCRA 808)
RULES FOR APPRECIATION OF BALLOTS
1. A ballot in which the first name or
surname of a candidate is written should
be counted for him, if there is no other
candidate with the same name. (Lerias vs.
HRET,202 SCRA 808)
2. If only the first name of a candidate is
written and it sounds like the surname of
another candidate, the vote shall be
counted in favor of the latter.
3. If there are two or more candidates with
the same name and one of them is
incumbent, the vote shall be counted in
favor of the incumbent.
4. When two or more words are written on
different lines which are the surnames of
two or more candidates with the same
surname of an office for which the law
authorizes the election of more than one,
the vote shall be counted in favor of all
the candidates. With the same surname.
5. When the word written is the first name of
one candidate and the surname of another
candidate, the vote shall be counted for
the latter.
6. If the ballot contains the first name of one
candidate and the surname of another,
the vote shall not be counted for either.
7. An incorrectly written name which sounds
like the correctly written name of a
candidate shall be counted in his
favor(Bautista vs Castro,206 SCRA 606)
8. If the word written is the incidental name
of two or more candidates for the same
office none of whom is incumbent, the
vote shall be counted in favor of the
candidate who belongs to the same ticket
as all other candidates voted for in the
ballot for the same constituency.
9. The erroneous initial of the first name
accompanied by the correct surname of a
candidate or the erroneous initial of the
same accompanied by the correct first
name of a candidate shall not annul the
vote in his favor.
10. A ballot in which the correct first name but
wrong surname of a candidate is written
24
or the correct surname but wrong first
name of a candidate is written ,shall not
be counted in his favor.
11. Where a candidate named Pedro Alfonso
died on the eve of the election and his
daughter Irma Alfonso substituted him,
ballots in which the name Pedro alfonso
was written cannot be counted in her
favor. (Afonso vs. COMELEC,232 SCRA
777)
12. If two or more candidates were voted for
in an office for which the law authorizes
the election for only one, the vote shall
not be counted in favor of any of them.
13. If the candidate voted for exceed the
number of those to be elected, the votes
for the candidates whose names were
firstly written equal to the number of
candidates to be elected shall be counted.
14. Even if the name of a candidate was
written on the wrong space, it should be
counted if the intention to vote for him
can be determined, as when there is a
complete list of names of other offices
written below his name or the voter wrote
the office for which he was electing the
candidate. (Cordero vs.Moscardon,132
SCRA 414)
STRAY BALLOT
Rule 14 of section 211 of the Omnibus
Election Code considers three kinds of votes as
stray: (1) a vote containing initials only,(2) a vote
which is illegible, and ( 3) a vote which does not
sufficiently identify the candidate for whom it is
intended. (Villarosa vs. HRET,340 SCRA 396)
The rule is in favor of the validity of the
ballot, not otherwise… The appearance of print
and script writings in a single ballot does not
necessarily imply that two persons wrote the
ballot…
Paragraph 18,section 149 of the REC,
provides that unless it should clearly appear that
it has been deliberately put by the voter to serve
as identification mark, the use of two or more
kinds of writing shall be considered innocent and
shall not invalidate a ballot..
Under Section 211(19 ) of the OEC, any
vote in favor of a person who has not filed a
certificate of candidacy or in favor of a candidate
for an office for which he did not present himself
shall be considered as an astray vote, but it shall
not invalidate the whole ballot… The unexplained
presence of prominent letters and words written
with remarkably good hand marked the ballots
and must be considered invalid…
When in a space in the ballot there
appears a name of candidate that is erased and
another clearly written, the vote is valid for the
latter… incorrect spelling of a candidate’s name
does not invalidate the ballot—for even the most
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literate person is bound to commit a mistake in
spelling. (Ong vs. COMELEC, 347 SCRA 681)
CORRECTION OF RETURNS
1. Before the announcement of the results of
the election in a precinct, any correction or
alteration in the election returns must be initialed
by all members of the BEI.
2. After the announcement of the results in a
precinct, the authorization of the COMELEC is
needed to make any correction or alteration.
a. If the petition is by all members of the BEI,
the results of the election will not be affected,
and none of the candidate affected objects, the
COMELEC, upon being satisfied of the veracity of
the petition, shall order the correction.
If a candidate affected by the petition objects and
the correction will affect the results of the
election, the COMELEC shall order a recount of
the votes, if it finds the petition meritorious and
the integrity of the ballot box has not been
violated (section 216, BP 881)
WHAT CONSTITUTE AN ELECTION
Plurality of votes sufficient for choice
Not necessary that a majority of voters should
vote
CERTIFICATE OF VOTES
The BEI shall issue a certificate of the number of
votes received by a candidate upon request of a
watcher. (Section 16, RA6646)
The certificate of votes is admissible in evidence
to prove anomaly in the election return when
authenticated by testimony or documentary
evidence of at least two members of the BEI.
X. CANVASSING AND PROCLAMATION
CANVASSING BODIES
1. Congress
a. President
b. vice president
2. COMELEC
a. Senators
b. Regional Officials
3. Provincial board of canvassers
a. Congressman
b. Provincial officials
4. District Board of Canvassers in
each legislative district in Metro Manila
a. Congressman
b. Municipal official
5. City and Municipal Board of
Canvassers
a. Congressmen
b. City and municipal officials
6. Barangay Board of Canvassers
a. Barangay officials
SUPERVISORY POWER OVER THE BOARD
25
The COMELEC exercises direct
supervision and control over the proceedings
before the board of canvassers (Mastura vs.
COMELEC, 285 SCRA 493)
NATURE OF DUTY OF BOARD OF CANVASSERS
1. Ministerial- it has only the ministrial task
of tallying the votes as reported in the election
returns and declare the results, and cannot
exercise the judicial power of deciding an election
contest. The correction of the manifest mistake in
the mathemathical addition calls for a mere
clerical task on the part of the board. The remedy
is purely administrative. (Tatlonghari vs.
COMELEC,199 SCRA 199)
2. Quasi-Judicial- The Comelec exercises
judgment or discretion to determine whether any
given return before it is genuine in connection
with the canvass of votes.
PROCEDURE
1. The COMELEC has direct control and
supervision over the board of canvassers except
congress. It may motu proprio relieve at any time
and substitute any member of the board of
canvassers. (section 227, BP 881)
• A municipal court has no
jurisdiction to restrain the municipal
board of canvasser. (Librados vs.
Casar,234 SCRA 13)
2. Manner of delivery of election Return
a. The BEI shall personally deliver to
the city or municipal board of canvassers the
copy of the election returns intended for them
sealed in an envelop, signed and thumbmarked
by the members of the BEI.
The fact that an election return was
not locked in the ballot box when it was delivered
to the board of canvassers is not ground for
excluding it in the absence of proof that it was
tampered with (Pimentel vs. Comelec,140 SCRA
126)
b. The BEI shall personally deliver to
the provincial and district board of canvassers the
copy of the election returns intended for them to
the election registrar.
c. Watchers have the right to
accompany the members of the BEI and the
election registrar during the delivery of the
election returns to the board of canvassers.
(section 229, BP 881)
RIGHTS OF CANDIDATES
1. Every registered political party and
candidate is entitled to one watcher in the
canvassing center, but candidates for the local
legislative bodies belonging to the same party
are entitled collectively to one watcher. The fact
that the watcher of a candidate was not present
when the canvassing was resumed because he
was notified is not a ground to annul the canvass.
(Quilala vs. COMELEC,188 SCRA 902)
2. Any registered political party and
candidate has the right to be present and to
counsel
a. only one counsel may argue for each
party of candidate; no dilatory action shall be
allowed
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3. Problem areas
a. Lost return
i. If any election return has been
lost, upon prior authority of the COMELEC,
the board of canvassers may use
authentic copy of it or a certified copy of it
issued by the COMELEC(Section 233,BP
881). It is not necessary that all the other
copies shall be considered.
ii. If an election return is missing a
recount should not be ordered if there is
any authentic copy available(Ong vs.
COMELEC, 216 SCRA 866)
iii. If all copies of the Election
returns were lost, a recount of the ballots
should be made.
iv. The certificate of votes signed
by the BEI and tally board cannot be used
for the canvass, because only election
returns are evidence of the results of the
election. (Garay vs COMELEC, 262 SCRA
222)
b. Omission in the return
i. in case of an omission in the
election return of the names of a
candidate or his votes, the board of
canvassers shall require the BEI to
complete it.
ii. If the votes omitted cannot be
ascertained except by recounting the ballots,
after ascertaining the integrity of the ballot has
not been violated, the COMELEC shall order the
BEI to count the votes for the candidate whose
votes were omitted and to complete the return.
Since the omission of the election return on the
number of votes certain candidates received is
not a discrepancy, a recount of the vote should
be ordered instead of excluding the election
return in the canvassing. (Patoray vs.
COMELEC,249 SCRA 490)
c. Tampered or falsified return
i. If the election return submitted to
the board of canvassers was tampered with or
falsified or prepared under duress or by persons
other than the BEI, the board shall use the other
copies of the election return.
ii. If the other copies of the election
returns were also tampered with or falsified or
prepared under duress or by persons other than
the BEI, the COMELEC after ascertaining that the
integrity of the ballot box has not been
violated,shall order the BEI to recount the votes
and prepare a new return.
iii. If the certificate of canvass was
tampered with, the COMELEC may order that any
of the copies of the election returns be used in
making a new canvass.(Mastura vs.
COMELEC,265 SCRA 493)
iv. Since an election return prepared
without counting the ballots is a fabrication, it
should not be counted and a count of the ballot
should be ordered.( Lucero vss. COMELEC,234
SCRA 280)
d. Discrepancies in returns
If there are discrepancies in the other
authentic copies of the return or in the words or
figures in the same return and it will affect the
26
result of the election, the COMELEC, after
ascertaining that the integrity of the ballot box
has not been violated, shall order the recount of
the ballots.
If there is discrepancy between the tally
and the written figures in the election return, it
should be excluded from the canvassing and a
recount of the ballots should be made or the
certificate of votes cast in the precinct should be
used. (Patoray vs. COMELEC,249 SCRA 440)
PROCLAMATION
1. An incomplete canvass of votes is illegal
cannot be a basis of a valid proclamation (Samad
vs. COMELEC,224 SCRA631,Loong vs.
COMELEC,257 SCRA 1) a canvass cannot be
reflective of the true vote of the electorate unless
all returns are considered and none is omitted
(Caruncho III vs. COMELEC,315 SCRA 693)
2. If the questioned election returns will not
affect the result of the election, a proclamation
may be made upon the order to the COMELEC
after notice and hearing.
3. A proclamation made where the contested
returns set aside will affect the result of the
election and the board of canvassers proceeded
to proclaim without the authority from the
COMELEC is null and void. (Sema vs.
COMELEC,347 SCRA 633)
4. The mere filing of a petition for
disqualification is not a ground to suspend the
proclamation of the winning candidate-in the
absence of an order suspending proclamation,
the winning candidate who is sought to be
disqualified is entitled to be proclaimed as a
matter of law. (Bagatsing vs CCOMELEC,320
SCRA 817)
5. Filing of pre-proclamation controversy
under 2448 of BP881 is not the only grounds for
the suspension of proclamation.
6. The proclamation of a winning candidate
cannot be annulled if he has not been notified of
the motion to set aside his proclamation.
(Caruncho vs. COMELEC,315 SCRA 693)
7. The fact that the candidate who obtained
the highest number of votes is later
declared to be disqualified or nor 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… To allow the defeated and
repudiated to take over the mayoralty
despite the rejection by the electorate is
to disenfranchise the electorate without
any fault of their part and to determine
the importance and meaning of
democracy and the people’s right to elect
officials of their choice… Court a quo
correctly held that the second placer lost
the elections and was repudiated by either
a majority or plurality of voters. (Loreto vs.
Brion,311 SCRA 694)
TIE
1. A tie among two or more candidates for
president or vice president shall be broken by
majority vote of both houses of congress voting
separately (Section 4. ART VII, PHIL CONT”N)
2. In the case of other positions, the ties
shall be broken by the drawing of lots.
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FAILURE TO SSUME OFFICE
If a candidate fails to take his oath of
office within 6 months from his proclamation,
unless for a cause beyond the control of the
elected official, his office will be considered
vacant. (section 12, BP 881)
XI PRE-PROCLAMATION CASES
A. Dfinition;coverage
Pre-proclamation controversy
refers to any question pertaining to or
affecting the proceedings of the board of
canvassers which may be raised by any
candidate or by any registered political
party or coalition of political parties before
the board or directly with the Commission,
or any matter raised under sections
233,234,235 and 236 in relation to the
preparation,transmission,receipt, custody
and appreciation of the election returns.
( Chu vs. COMELEC,319 SCRA 482)
In pre-proclamation controversy,
the board of canvassers and the COMELEC
are not to look beyond or behind election
returns which are on their face regular and
authentic returns.(CHU,supra)
A pre-proclamation controversy is
limited to an examination of the election
returns on their face- The COMELEC as a
general rule need not go beyond the face
of the returns and investigate alleged
election irregularities.
To require the COMELEC to
examine the circumstances surrounding
the preparation of the returns would run
counter to the rule that a pre-
proclamation controversy should be
summarily decided.
Where the resolution of the issues
raised would require the COMELEC to
“pierce the veil” of election returns that
appear prima facie regular, the remedy is
a regular election protest.
The office of pre-proclamation
controversy is limited to incomplete,
falsified or materially defective returns
which appear as such on the face.
(Sebastian VS COMELEC, 327 SCRA 406)
B. JURISDICTION
1. Questions involving the legality of
the composition or proceeding of the
board of canvassers, except congress,
may be raised initially in the board of
canvassers or the COMELEC.(SEC 15 and
17, RA 7166)
2. Questions involving the election
returns and certificate of canvass should
be brought in the first instance before the
board of canvassers only (Section 17, RA
7166)
C. SCOPE OF PRE-PROCLAMATION
CONTROVERSY
ISSUES
1. Provincial, city and municipal officials
27
a. The
composition of the proceeding of
the board of canvassers is illegal
b. The returns
are incomplete, contain material
defects, appear to be tampered
with or falsified or contain
discrepancies in the same returns
or in other authentic copies;
c. The returns
were prepared under duress or are
obviously manufactured or not
authentic;
d. Substitute or
fraudulent returns were canvassed,
the result of which materially affect
the standing of the aggrieved
candidate.
2. President, vice president, senators,
congressmen and barangay officials
No pre-proclamation case is
allowed regarding the preparation, transmission,
receipt, custody and appreciation of the election
return or certificate of canvass.(Chaves vs
COMELEC,211 SCRA 315)
ERRORS IN THE CERTIFICATE OF CANVASS
Correction of manifest errors has
reference to errors in the election returns, in the
entries of the statement of votes by precinct/per
municipality, or in the certificate of canvass… a
manifest clerical error is one that is visible to the
eye or obvious to the understanding, and is
apparent from the papers to the eye appraiser
and the collector, and does not include an error
which may, by evidence dehors the record to be
shown to have been committed. (Trinidad vs.
COMELEC,320 SCRA 836)
1. While the first sentence of section 15 of
RA 7166 prohibits candidates in the presidential,
Vice presidential, senatorial and congressional
elections from filing pre-proclamation case, the
second sentence allows the filing of petitions for
correction of manifest errors in the certificate of
canvass or election returns even in elections for
president, vice-president, senators and members
of the House of Representatives for the simple
reason that the correction of manifest error will
not prolong the process of canvassing nor delay
the proclamation of the winner in the election.
(Sandoval vs. COMELEC,323 SCRA 403)
2. The canvassing body may motu proprio or
upon petition of an interested party correct
manifest errors in the certificate of canvass or
election return. (Sec 15, RA7166)
i. A copy of an election return or
certificate of canvass was tabulated more than
once.
ii. Two or more copies of the same
election return or certificate of canvass were
tabulated separately.
iii. There was a mistake in copying the
figures into the statement of votes or certificate
of canvass.
Errors in addition in the certificate of
canvass may be corrected. (Ong vs COMELEC,221
SCRA 75)
ZPG & Associates 28
iv. Returns from non-existent precincts
were included in the canvass
The statement of votes cannot be ISSUES NOT RESOLVABLE N PRE-
corrected on the basis of a certification given to PROCLAMATION CONTROVERSY
a watcher, since election returns are what are
supposed to be the basis of the canvass. 1.Issues involving the casting or the counting of
(Ramirez vs. COMELEC,270 SCRA 390) the ballots are not proper in pre- proclamation
cases.

STATISTICAL IMPROBABILITIES i. The use of illegal election propaganda,

An election return which is statistically vote-buying and terrorism of the
improbable is obviously fabricated and should not voters are not proper issues in a pre-
be counted. proclamation case. (Villegas vs.
i. Where the votes cast in 50 COMELEC, 99 SCRA 5892)
precincts for the candidates for senators of one ii. Questions on the appreciation of the
party equalled the number of registered voters, ballots can not be raised in pre-
all the candidates for senators of that party proclamation case. (Alfonso
received the same number of votes, and all the vs.COMELEC, 232 SCRA 777)Thus, the
candidates for senators of the opposing party got claim that a candidate was not
no votes, the election returns are statistically credited with votes cast for him
improbable and are obviously fabricated. because his name was similar to that
(Lagumbay vs. Climaco, 16 SCRA 175) of another disqualified candidate
ii. Where only one cannot be raised in a pre-proclamation
candidate of a party got all the case.(Chavez vs. COMELEC, 211 SCRA
votes in some precincts and his 315)
opponent got zero, the other Likewise,
candidates for the other party for the claim that some ballots
other positions received votes, the were spurious, marked or
number of votes cast were less invalid cannot be raised in a
than the number of registered pre- proclamation case.
voters, the election returns are not (pataray vs. COMELEC,274
statistically improbable. (Sangki vs SCRA 470)
COMELEC, 21 SCRA 1391)sss iii. Terrorism of voters,
iii. The mere fact that a voting by flying voters,
candidate receive overwhelming deprivation of the right to
majorities over another candidate vote of registered voters
in numerous precinct does not and vote buying cannot be
make the election return raised in a pre-proclamation
statistically improbable. (Ilarde vs. case (Allarde vs.
31 SCRA71) COMELEC,159 SCRA 623)
iv. The mere fact that the iv. Vote buying and
percentage of turnout of voters secrecy in the preparation
was high and that a candidate of ballots are not proper
received high percentage of the grounds for pre-
votes does not make the election proclamation case (Salazar
returns statistically improbable. vs. COMELEC,184 SCRA
(Doruelo vs. COMELEC ,133 SCRA 433)
376) v. The claim that the
v. The bare fact that candidate for voters were allowed to vote
public office had received zero vote without verifying their
is not enough to make returns identities, that there were
statistically improbable (Ocampo discrepancies between the
vs.COKELRC,325SCRA 636) signatures in the voter\s
v. Standing alone without affidavits and the voting
more, the bare fact that a record, and third persons
candidate for public office had falsely voted for voters who
receive zero votes in one or two did not vote are not proper
precincts can not adequately issues in a pre-proclamation
support a finding that the subject case (Dipatuan vs.
election returns are statistically COMELEC,185 SCRA 86)
improbable- the doctrine of vi. Technical
statistical improbability must be examination of the
viewed restrictively, the utmost signatures and thumbprints
care being taken lest in penalizing of the voters to prove
the fraudulent and corrupt substitute voting is not
practices, innocent voters become allowed in a pre-
disenfranchised…The doctrine of proclamation case.
statistical improbability involves a (Balindong vs.
question of fact and more COMELLEC,260 SCRA 294)
prudential approach prohibits its vii. The padding of the
determination ex parte.(Velayo vs. list of voters cannot be
COMELEC,327 SCRA713) raised in a pre-proclamation
ZPG & Associates
case, since it does not
involve the election return.
(Ututahan vs.
COOOMELEC,189 SCRA 335)
viii. The fact that the
voting was sham or minimal
is not a ground for filing a
pre-proclamation case,
since this is properly
cognizable in an election
protest.(Salih vs.
COMELEC,279 SCRA 19)
ix To look beyond or
behind election returns is
not a proper issue in pre-
proclamation controversy
(Ocampo vs. COMELEC, 325
SCRA 636)
x The fact that the
counting of the votes was
not completed because of
the explosion of grenade
and that no election was
held cannot be raised in a
pre-proclamation case, as
these are irregularities that
do not appear on the face of
the election returns.
(Matalam vs. COMELEC,271
SCRA 733)
2. Administrative lapses
which do not affect the
authenticity of an election
return cannot serve as basis
for annulling the election
return.
i. The failure to close
the entries in the election
returns with the signature of
the BEI, lack of seals,
absence of time and date of
receipt of election return by
the board of canvassers,
lack of signature of
watchers of the petitioner,
and the lack of authority of
the person who received the
election returns do not
affect the authenticity of the
returns. (Baterina vs.
COMELEC,205 SCRA 1)
ii. The absence of the
signature of the claimant of
the BEI on the voter’s
affidavits, list of voters and
voting records, absence or
excess of detachable
coupons, discrepancies
between the member of
detachable coupons and the
number of ballots, missing
voter’s lists are mere
administrative omissions
and cannot be used as basis
to annul an election return.
(Arroyo vs. HRET, 246 SCRA
384)
3. Where the threats of
the followers of a candidate
did not affect the
29
genuineness of an
election return, it should not
be excluded (Salvacion vs.
COMELEC,170 SCRA 513)
SUMMARY DISPOSITION OF
PRE-PROCLAMATION
CONTROVERSY
1. Summary
proceedings cannot be
stretched to mean ex parte
proceeding- summary
simply means with dispatch,
with the least possible
delay, signifying that the
power may be exercised
without trial in the ordinary
manner prescribed by law
for regular judicial
proceedings.(Velayo
vs.Comelec,372 SCRA 713)
2. RA 7166 explicitly
provides that it is only on
the basis of the official
records that the COMELEC
can decide the pre-
proclamation controversy in
a summary manner. (Velayo
vs. COMELEC,327 SCRA
713)
3. All pre-proclamation
controversies on election
returns or certificates of
canvass shall be disposed of
summarily-first by the
record of canvassers and
then. By the COMELEC. (Chu
vs. COMELEC, 319 SCRA
482)
A. Procedure in contested composition or
proceeding of the Board of Canvassers
The illegality of the composition of the
board of canvassers cannot be questioned
after the proclamation of the winner, since
it must be raised immediately. (Laodenio
vs. COMELEC,276 SCRA 705)
The ruling of the board of
canvassers on question affecting its
composition or proceeding may be
appealed to the COOMELEC in 3 days.
(Section 19 RA 7166)
B. Procedure in case of contested returns
1. Objections to an election return
shall be submitted orally to the chairman
of the board of canvassers at the time the
return is presented for inclusion in the
canvass and shall be entered in the form
for written objection(Sec 20 (a) and (c),RA
7166)
a. An objection made after the
canvass is late.(Guiao vs /comelec,137
SCRA 356,Navarro vs COMELEC,228 SCRA
596)
b. a petition for correction of
the statement of votes may be filed after
the proclamation of the winner, although
no objection was made during the
canvass, as error was discovered only
after the petitioner got a copy of the
ZPG & Associates 30
statement of votes. (Duremdes vs. Since the proclamation of a candidate
COMELEC,178 SCRA 746). It must be filed who finished second made after the
not later than 5 days after the candidate who got the highest number of
proclamation.(Section 5(b), Rule 27 of votes was killed is patently void, a late
COMELEC rules of procedure) appeal should be allowed. (Benito vs.
However, the five-day CCOMELLEC,235 SCRAS 436)
deadline is not applicable to a petition for
the annulment of proclamation of a The COMELEC cannot by regulation
candidate when it was his opponent who shorten the period to question its decision
obtained the majority for what was before the SC for under the Constitution
corrected was not the entries but the the period of 30 days can be shortened by
computation of the votes. (Mentang vs. law only.(Sardea vs. COMELLEC,225 SCRA
COMELEC,229 SCRA 666) 374)
Under the COMELEC Rules
of procedure, a petition for correction of 7. The COMELEC shall decide the appeal
the certificate of canvass may be filed within 7 days from receipt of the records,
even before the proclamation of the and the decision shall be executory after 7
winner. (Bince vs. Comelec,242 SCRA273) days from receipt by the losing party.
A petition for correction of (Sections 18 and 20(f), RA 7166)
manifest errors in the statement of votes
can be decided by the COMELEC en banc TERMINATION OF PRE-
at the first instance, since it does not PROCLAMATION CASE
involve an election protest or a pre-
proclamation case (Ramirez vs. Once a proclamation has
COMELEC,270 SCRA 590) been made, the pre-
The COMELEC has the proclamation case is no
power to order the correction of the longer viable and should be
statement of votes to make it conform to dismissed (Sardea vs.
the election returns. (Castromayor vs. COMELEC). However this
COMELEC,250 SCRA 298) rule presupposes the
proclamation is valid. It
2. The canvass of any contested does not apply if the
return shall be deferred and the board of proclamation is void,
canvasser shall proceed to canvass the because it was based on
uncontested return (Section 20(b),RA incomplete returns.
7166) (Matalam vs. COMELEC 271
3. Within 24 hours, the objecting SCRA 733). The same holds
party shall submit evidence in support of true if the returns were
the objections. manufactured. (Agbayani
4. Within 24 hours after presentation vs. COMELEC,186 SCRA
of the objection, a party may file a written 464). The same hols true
opposition and attach the supporting where the computation of
evidence.(Section 20c, RA 7166) votes was erroneous.
5. The board of canvassers shall (Mentang vs. COMELEC,229
summarily rule in the contested returns SCRA 669)
(Section 20(d),RA 7166)
6. A party who intends to appeal All pre-proclamation cases
should immediately inform the board of pending before the
canvassers. Within 24 hours he must file a COMELEC shall be
written and verified notice of appeal with terminated at the beginning
the board of canvassers and take his of the term of the office
appeal to the COMELEC within 5 days. (noon of June 30) involved,
(section 20(f),RA 7166) and the rulings of the board
of canvassers shall be
a. Appellate jurisdiction deemed affirmed, without
prejudice to the filing of an
The RTC has no jurisdiction to review the election protest by the
decision of the municipal board of aggrieved party.
canvassers to correct a certificate of (Penaflorida vs.
canvass.(Cabanero vs CA) COMELEC,282 SCRA 241
And Barroso vs Ampig,328
The RTC has no jurisdiction to compel SCRA 530)
themunicipal board of canvassers, which
suspended the proclamation because of a The pre-proclamation case
possible discrepancy in the election should no longer be decided
return, to make a proclamation. (In re if exclusion of the
COMELEC Resolution no.2521,234 SCRA questioned election return
1) will not change the result of
the election. (Matalam vss.
b. Period of appeal COMELEC,271 SCRA 733)
ZPG & Associates 31
EFFECT OF FILING AN of the person who has obtained a plurality of
ELECTION PROTEST,QUO votes to be declared elected. (Sunga vs.
WARRANTO COMELEC,288 SCRA 76)

1. As a general rule, the

filing of an election protest ANNULMENT OF PROCLAMATION
or a petition for quo
warranto precludes the 1. The COMELEC can annul a proclamation
subsequent filing of a pre- because of an error in the computation of the
proclamation controversy, votes in the statement of votes since the
or amounts to the proclamation is void.(Torres vs. COMELEC,270
abandonment of one earlier SCRA 583)
filed. (Maruhom vs.
COMELEC,331 SCRA 473) 2. Where the COMELEC, without prior notice
2. The filing of an and hearing, annulled the proclamation of a
election protest results in winning party and directed the Municipal Board
abandonment of a pre- of Canvassers to reconvene and effect
proclamation case even if corrections in the total number of votes received
the protest alleged it was by the candidates and thereafter proclaim the
filed as a precautionary winner, the expedient action to take is to direct
measure, if he did not the Municipal Board of Canvassers to reconvene
explain why.(Laodenio vs. and. after notice and hearing in accordance with
COMELEC,276 SCRA 405) rule 27, section 7 of the COMELEC Rules of
3. The rule that the Procedure, to effect the necessary correction, if
filing of a protest implies any, in the election returns and, on the basis
abandonment of the pre- thereof, proclaim the winning candidate or
proclamation case does not candidates as members of the Sangguniang
apply if: Bayan( Angelia vs. COMELEC,332 SCRA 757)
i. The protest
was filed as a precautionary 3. It is improper for the COMELEC to annul
measure (mitmug vs. the proclamation of a winning candidate on the
COMELEC,230 SCRA 54) basis of new and additional evidence which were
ii. The board of canvassers was not presented before the Board of Canvasssers
improperly constituted, as when the Municipal and which were not furnished to the said
Treasurer took over the canvassing without candidate… Reliance should not be placed on
having been designated. (Saman vs. mere affidavits for the purpose of annulling a
COMELEC,224 SCRA 631) winning candidate’s proclamation. (Velayo vs.
COMELEC, 327 SCRA 713)

CONTINUANCE OF THE CASE 4. A proclamation subsequently declared

void is no proclamation at all and while a
If the petition appears meritorious on the basis of proclaimed candidate may assume office on the
the evidence presented so far, the COMELEC or strength of the proclamation of the Board of
the SC may order the case to continue. (Section Canvassers he is only a presumptive winner who
16, RA 7166) assumes office subject to the final outcome of the
election protest. (Lonzanida vs. COMELEC, 311
SRA 602)
PROCLAMATION
ELECTION CONTESTS
1. The Board of Canvassers shall not make
any proclamation without any authorization from A. Jurisdiction
the COMELEC (Jamil vs COMELEC,283 SCRA 349)
Supreme Court( Presidential Electoral
2. Proclamation may be made if the Tribunal)
contested returns will not adversely affect the
results of the elections. (Section 20 (i), RA 7166) President
Vice-President ( Sec. 4, Art VII, Phil. Const)
3. The COMELEC may order the proclamation Senate Electoral tribunal – Senators
of other winning candidates whose election will ( Sec 17, Art VI, PC)
not be affected by the pre-proclamation case.
(Section 21, RA 7166) 3. House of Representatives Electoral
Tribunal-Congressmen ( Sec 17, Art VI,
4. A candidate for mayor who finished PC; Sampayan vs. Daza, 213 SCRA
second cannot be proclaimed simply because the 807)
candidate who received the highest number of
votes died, since he was not the choice of the 4. Commission on Elections
people. (Benito vs. COMELEC, 23335 SCRA 436)
Regional Officials
5. The wreath of victory cannot be Provincial Officials
transferred from the disqualified winner to the City Officials ( Sec 2(2). Art IX-C, PC; Sec
repudiated loser because the law then as now 249 BP 881)
only authorizes a declaration of election in favor
ZPG & Associates 32
6. Regional Trial Court- Municipal Officials v. Municipal Officials- 10
( Sec 2(2), Art IX-C, PC; Sec 251, BP days ( Secs 251 and 253,
881, Papandayan vs. COMELEC , 230 BP 881)
SCRA 469) vi. Barangay Officials – 10 days
7. Metropolitan Trial Court, Municipal ( Sec 252 and 253, BP 881)
Circuit Trial Court, and Municipal vii. Sangguniang Kabataan- 10
Trial Court – Barangay Officials [ Sec days ( Sec 1, RA 7808)
2(2), Art IX-C, PC; Sec 252 BP 881; b. Exceptions
Regatcho vs. Cleto, 126 SCRA 342] i. The period to file an election
Metropolitan Trial Court, Municipal protest or quo warranto case is
Circuit Trial Court, Municipal Trial Court suspended from the filing of
– Sangguniang Kabataan ( Sec 1, RA a pre-proclamation case
7166) until receipt of the order
dismissing the case. ( Sec
B. Action which may be filed 248, BP 881; Gatchalian vs
1. Election Protest CA , SCRA 208)
Requisites: ii. If the dismissal was
i. Must be filed by any elevated to the Supreme
candidate who has filed a Court , the period does not
certificate of candidacy and run until receipt of the
has been voted upon for the dismissal by the Supreme
same office. Court, because review by
ii. On ground of fraud, the Supreme Court is part of
terrorism, irregularities or the proceeding.( Gallardo vs
illegal acts committed Rimando, 187 SCRA 463)
before, during or after the iii. The running of the
casting and counting of reglementary period to file an
votes election protest is
iii. Within 10 days from the tolled by a party’s elevation
proclamation of the results to the Supreme Court of a
of the election. COMELEC decision
Quo Warranto resolution of proclamation case.
Requisites: ( Roquero vs
i. Filed by any registered COMELEC , 289 SCRA 120)
voter in the constituency iv. The period to file an election
ii. On grounds of ineligibility or protest is suspended by the
disloyalty to the Republic of filing of the petition to annul
the Philippines the proclamation of the
iii. Within 10 days from the winner ( Manahan vs
proclamation of the results Bernardo, 283 SCRA 505)
of the election v. Since the filing of a pre-
proclamation case merely
C Procedure suspends the running of the
1. Period of filing contest period to file an election
a. Periods protest, only the balance of
i. President and Vice- the period is in case of
President dismissal. ( Roquero vs
1) Protest- 30 days COMELEC , 289 SCRA 150)
( Rule 14, Rules of Presidential Electoral vi. Where the evidence of the
Tribunal) lack of Filipino citizenship of
2) Quo Warranto- 10 a provincial official was
days ( Rule 15, discovered only 18 months
Rules of Presidential after his proclamation, the
Electoral Tribunal) quo warranto case should
ii. Senators be allowed even if it filed
1) Protest – 15 days more than 10 days after his
( Rule 14, Revised proclamation. ( Frivaldo vs
Rules of Senate COMELEC , 174 SCRA 245)
Electoral Tribunal)
2) Quo Warranto – 10 2 .Protestant or Petitioner
days ( Rule 15, President and Vice-President
Revised Rules of i. protest-
Senate Electoral Candidate with second or
Tribunal) third highest number of votes
iii. Congressmen- 10 days ( Rule 14, Rules of
( Rule 16 and 17.1998 Rules Presidential Electoral
of House of Representatives Tribunal)
Electoral Tribunal) ii. Quo Warranto-
iv. Regional, provincial and city any voter ( Rule 15, Rules of
officials-10 days ( Sec 250 Presidential Electoral
and 253, BP 881; Republic Tribunal)
vs. Dela Rosa, 232 SCRA 78) Senator
ZPG & Associates
i. Protest- any
candidate ( Rule 14, Revised
Rules of Senate Electoral
Tribunal)
ii. Quo
Warranto- any voter ( Rule
15, 1998 Rules of Senate
Electoral Tribunal)
Congressmen
Protest- any candidate
Quo Warranto- Any voter ( Rule
17, 1998 Rules of House of
Representatives Electoral
Tribunal)
Regional, provincial, City Officials
Protest- any candidate ( Sec 250,
BP 881)
Quo Warranto- any voter ( Sec 253,
BP 881)
Municipal Officials
Protest- any candidate- ( Sec 251 ,
BP 881)
Quo Warranto- any voter ( Sec 253,
BP 881)
Barangay Officials
Protest- any candidate- ( Sec 252,
BP 881)
Quo Warranto- any voter ( Sec 253,
Bp 881)
Payment of Docket Fee
When the protestant
included a claim for
attorney’s fees in his protest
and paid the docket fee for
his claim for attorney’s fees
but did not pay the basic
docket fee for the election
protest , the election
protest should be dismissed.
( Gatchalian vs CA, 245
SCRA 208)
Allegations in Protest
An election protest should contain
the following jurisdictional
allegations:
The protestant is a candidate who
duly filed a certificate of
candidacy and was voted
for in the election
The protestee has been proclaimed
elected
The date of proclamation ( Miro vs
COMELEC, 121 SCRA 466)
An election protest which
does not specify the
precinct where the alleged
irregularities occurred is
fatally defective . (Pena vs
HRET , 270 SCRA 340)
Substantial compliance is sufficient
. Thus the following
allegations sufficiently
comply with the first
requirement.
The protestant received a certain
number of votes ( Anis vs
Contreras, 55 Phil 929)
33
The protestant finished second in
the election ( Ali vs CFI of
Lanao, 80 Phil 506)
The protestant was a candidate
voted for in the election
with a valid certificate of
candidacy for mayor
( Pamania vs Pilapil, 81 Phil
212)
The protestant was one of the
registered candidates voted
for and he received a
certain number of votes
( Jalandoni vs Sarcon, 94
Phil 266)
The protestant was the official
candidate of a [particular
political party and received
a certain number of votes
( Maquinay vs Bleza, 100
SCRA 702)
The protestant was a candidate for
governor and was voted for.
( Macias vs COMELEC, 182
SCRA 137)
Even if the protest did not allege
the date of the
proclamation, it can be
determined from the
records of the case that it
was filed on time, as when
the protest was filed on the
tenth from the date the
casting of votes was held,
the protest should not be
dismissed. (Miro vs
COMELEC, 121 SCRA 466)
Verification/Certificate of
Absence of Forum Shopping
When the petioner failed to state
in his verification that the
contents of the election
protest are true and correct
of his own personal
knowledge , said petition
lacks proper verification and
should be treated an
unsigned pleading and must
be dismissed. ( Soller vs
COMELEC, 339 SCRA 685)
Forum Shopping exists when the
petitioner files multiple
petitions or complaints
involving the same issues
in two or more tribunal or
agencies. ( Domingo vs
COMELEC, 313 SCRA 311)
The requirement that every initial
pleading should contain
certification of absence of
forum shopping applies to
election cases for Circular
No. 04-94 does not
distinguish ( Loyola vs CA
245 SCRA 477, Tamarong vs
Lubguban, 269 SCRA 624)
SC Adm. Circular No 04-94
requiring a certification of
non-forum shopping is
applicable to election cases
as it is mandatory . It is,
however not jurisdictional..
ZPG & Associates
The filing of a certification of
absence of forum shopping
after the filing of the
protest but within the period
for filing a protest is
substantial compliance.
( Tumarong, supra)
The strict application of the non-
forum shopping rule in
election contests would not
work to the best interest of
the parties and the
electorate . An election
contest, unlike an ordinary
civil action , is clothed with
public interest--- it involves
not only the adjudication of
private and pecuniary
interest of rival candidates
but paramount to their
claims is the deep public
concern involved and the
need of dispelling the
uncertainty over the real
choice of the electorate.
( Barroso vs Ampig Jr, 328
SCRA 530)
Joinder of Election Protest and
Quo Warranto Cases
An election protest and quo
warranto case cannot be
filed jointly in the same
proceeding. However, they
can be filed separately.
( Luisaon vs Garcia , GR No
L-10916, May 10, 1957)
If they were joined in an action ,
they should be ordered
separated. ( Pacal vs
Ramos, 81 Phil 20)
Composition of Board of
Canvassers
The illegality of the
composition of the board of
canvassers cannot be raised
in a quo warranto case, as
only the ineligibility or
disloyalty of the winner can
be raised in such case
( Samad vs COMELEC, 224
SCRA 631)
Change Theory
Substantial Amendments to
the election protest cannot
be made after the
expiration of the period for
filing an election protest.
( Arroyo vs HRET, 224 SCRA
384)
Preliminary Motions
A motion to dismiss and a
motion for a bill of
particulars may be filed in
an election protest pending
before the regular courts ,
since the COMELEC Rules of
Procedure are not
applicable to the regular
34
courts because of the
exclusive rule-making
power of the Supreme
Court. ( Aruelo vs CA, 227
SCRA 311)
10. Answer
An
answer file out of time
cannot be admitted ( Kho vs
COMELEC 279 SCRA
463)
Where the answer of
the protestee was filed out
of time and a
general denial was
entered in favor of the
protestee, the rule in
civil cases that
general denials operates as
a n admission is not
applicable ( Loyola
vs HRET, 229 SCRA 90)
A counter protest
cannot be allowed if the
answer was filed out of
time ( Lim vs
COMELEC, 282 SCRA 53)
11. Cash Deposit
A protestee who filed a
counterclaim for attorney’s
fees cannot be required to
file a cash deposit since a
cash deposit is required
only for a counter-protest
( Roa vs Inting, 231 SCRA
57)
12. Injunction
A protestee cannot be
enjoined from assuming
office because of the
pendency of an election
protest. Until the case is
decided against him, he has
the right to assume office.
( Careno vs Dictado, 160
SCRA 759)
13. Substitution
a. Even if the protestee has
resigned , the protest
should continue , as a
favorable judgement will be
entitled the protestant to
assume the office ( Delos
Angeles vs Rodriguez, 46
Phil 599) The same holds
true if the protestee
accepted another position
( Calvo vs Maramba, GR No
13206, January 7, 1918)
b. If the protestee died, he
should be substituted by
his successor such as the
vice-mayor ( Dela Victoria
vs COMELEC, 199 SCRA
561) He cannot be
substituted by his heirs,
since public office cannot be
ZPG & Associates
inherited. ( Abeja vs
Tanada, 236 SCRA 60)
c. If it is the protestant who
died, he should be
substituted by the public
official who would have
succeeded him, such as the
vice-mayor. ( De Castro vs
COMELEC 267 SCRA 806)
14. Abandonment
A defeated candidate for president
who filed an election protest and
ran for senator should be deemed
to have abandoned the protest
( Santiago vs Ramos, 253 SCRA
559)
15. Summary Judgment
An election protest cannot be
decided summarly, as summary
judgment applies only to ordinary
civil action for recovery of money
MELEC 199 SCRA 449)
16. Opening of Ballots
When an election protest is filed.
The ballot boxes should be opened
without requiring proof of
irregularities, and misappreciation
of ballots ( Manahan vs
Bernardo, 283 SCRA 505)
The revision of ballots in an
election protest filed with COMELEC
should be held in Manila
( Cabagnot vs COMELEC, 260 SCRA
503)
17. Deferment of Counter Protest
A protestee cannot ask that before
making the revision of the ballots
involved in his counter-protest, the
court first determine that the
protestant would win on the basis
of the revisions of the ballots
involved in the protest (Abeja vs
Tanada, 236 SCRA 60)
18. Certiorari
Under Sec 50 of BP 697, the
COMELEC has jurisdiction over
petitions for certiorari, prohibition
and mandamus involving election
cases pending before the courts
whose decisions are appealabe to
it ( Relampagos vs CUmba, 243
SCRA 690;Edding vs COMELEC 246
SCRA 502)
Where a petition for certiorari
merely questioned the denial of the
motion of the protestee for
extension of the time to answer,
the COMELEC cannot affirm the
decision of the merits in the
election protest. ( Acosta vs
COMELEC, 293 SCRA 578)
19. Evidence
The genuineness of the
handwriting in the ballots can be
determined without calling
35
handwriting experts. ( Erni vs
COMELEC, 243 SCRA 578)
Unless the original documents or
certified true copies of them cannot
be produced or photo-copies
cannot be used as evidence
( Arroyo vs HRET, 246 SCRA 384)
Ballots cannot be excluded on the
ground that they were written by
any person or were marked on the
basis of mere photo-copies, as they
are not the best evidence
( Nazareno vs COMELEC 279 SCRA
89)
20. Demurrer
A motion to dismiss for
insufficiency of the evidence of the
protestant has rested is a demurrer
to the evidence. If it was granted
but reversed on appeal , the
protestee is deemed to have the
right to present evidence ( Enojas
vs COMELEC, 283 SCRA 229)
21. Decision
a. authentic election return
cannot be annulled because the ballots
were lost or destroyed
( Arroyo vs HRET 246 SCRA 384)
b. If the winner is ineligible,
the candidate who got the highest
number of votes cannot be
proclaimed elected as he did not get the
majority or plurality of the
votes ( Sunga vs COMELEC,
288 SCRA 76)
c. Actual damages may be
awarded in accordance with the law
( Sec 259, BP 881)
The loser cannot be ordered
to reimburse the winner for the
expenses incurred in the election
protest for no law provides for it
( Atienza vs COMELEC 239 SCRA
298)
d. The mere fact that the
decision in favor of the protestant was
reversed on appeal is not
sufficient basis for the ruling that the
protestant should be
awarded attorney’s fees because the protest
was filed for
harassment
( Malaluan vs
COMELEC 254 SCRA 397)
e. Under Sec 264, par 1 of BP
881, as amended , the award of
damages is no among the
imposable penalties for the commission
of any of the election
offenses thereunder by any individual
( Regalado vs CA 325 SCRA
516)
22. Execution of Judgment Pending Appeal
ZPG & Associates 36
BP 881 and other election laws do not b. No motion for reconsideration is
specifically provide for the allowed in election contests involving the
execution pending appeal for judgment in following:
election cases, unlike the Election Code of
1971…. The failure of the extant election laws to i. Municipal officials ( Sec 256,
reproduce Sec 218 of the Election Code of BP 881; Veloria vs COMELEC ,
1971 does not mean that the execution of 211 SCRA 907)
judgment pending appeal is no longer available However this rule should not
in election cases…. be applied to the dismissal of an
election protest for failure of the
The Supreme Court has explicitly counsel of the protestant to appear
recognized and given approval to execution of j at the pre-trial, since the pre-trial is
judgment pending appeal in election not applicable to the election
cases filed under existing laws.. The protest. ( Pangilinan vs De
rationale why execution pending appeal is Ocampo, 232 SCRA )
allowed in election cases is to give much ii. Barangay Officials ( Sec 19,
recognition to the worth of a trial judge’s Rule 37 and Sec 12, Rule 38
decision as that which is initially ascribed by COMELEC Rules of
the law to the proclamation by the board of Procedure)
canvassers. iii. Sangguniang Kabataan
( Sec 19, Rule 37 and Sec 12 Rule 38,
Governed by Sec 2 , Rule 39 of the 1997 COMELEC Rules of
Rules of Civil procedure. Execution pending Procedure)
appeal should be based upon good reasons and a
combination of two or more of them will c. Since only decisions of the
suffice to grant execution pending appeal: COMELEC en banc may be elevated to the
Supreme Court , a party who did
i. Public interest involved or not file for a motion for reconsideration
will of the electorate of a decision of a division of the
ii. The shortness of the COMELEC cannot elevate the case to the
remaining portion of the term of the contested Supreme Court ( Reyes vs RTC of Oriental
office Mindoro, 244 SCRA 41)
iii. Length of time that the
election contest has been pending ( Ferno d. A resolution of the COMELEC en
vs COMELEC 328 SCRA 52) banc is not subject to
iv. Filing of bond as a reconsideration, therefore any
condition for the issuance of a corresponding party who disagrees with it is to file
writ of execution to a petition for certiorariunder Rule
answer for the payment of damages which the 65 of the Rules of Civil procedure –
aggrieved party may suffer a motion for reconsideration of an
by reason of the execution pending en banc ruling, resolution, order, or
appeal ( Ramas vs decision except in election offense
COMELEC 286 SCRA 189) cases is a prohibited pleading
under the COMELEC Rules of
• Execution pending appeal cannot Procedure. For a party to wait until
be ordered on the basis of gratuitous the COMELEC en banc denies his
allegations that public interest is motion for reconsideration would
involved and that the appeal is be to allow the reglementary
dilatory. ( Camlian vs COMELEC 271 period for filing a petition for
, 271 SCRA 757) certiorari with the SC to run and
expire. ( Angela vs COMELEC , 322
A motion for execution pending appeal SCRA 757)
filed after the expiration of the period of appeal
can no longer be granted ( Relampagos vs Cumba
243 SCRA 690) 24. Review
a. Jurisdiction
23. Motion for Reconsideration i. Senator- Supreme Court
within 60 days ( Sec 4, Rule 65 Rules of
a. One motion for reconsideration is Court)
allowed in the contest involving the ii. Congressmen- Supreme
following : Court within 60 days ( Lerias vs HRET;
i. President- 10 days Sec 4, Rule 65 Rules of
ii. Vice-President- 10 days Court)
( Rule 65, Rules of Presidential Electoral iii. Regional, provincial, and
Tribunal City officials – Supreme Court within 30
iii. Senator- 10 days ( Rule 64, days ( Sec 7, Art IX-A Phil
Rules of Senate Electoral Tribunal) Const)
iv. Congressmen- 10 days iv. Municipal Officials
( Rule 74, 1998 Rules of HRET) 1) COMELEC within 5
v. Regional, Provincial and City days ( Sec 22 RA 7166; Sec 3 Rule 22
Officials – 5 days ( Sec 2, Rule 19 of COMELEC Rules of
COMELEC Rules of Procedure)
ZPG & Associates 37
Procedure, Lindo vs COMELEC, The expanded jurisdiction of the
194 SCRA 25) Municipal Trail Court ( RA 7691) does not include
2) Supreme Court- criminal cases involving election offenses,
within 30 days ( Rivera vs COMELEC 199 because by special provision of Sec 268 of BP 881
SCRA 178) they fall within the jurisdiction of the Regional
v. Barangay Officials Trial Court ( COMELEC vs Noynay 292 SCRA 354)
1) COMELEC within 5
days ( Sec 2(2) ,Art IX-C, Phil Const; Under Sec 268 of BP 881, regional trial
Sec 3, Rule 22 courts have exclusive jurisdiction to try and
COMELEC Rules of Procedure; calucag vs decide any criminal action or proceeding for
COMELEC 274 SCRA violation of the Code including those penalized by
405) imprisonment not exceeding 6 years, but except
2) Supreme Court those relating to the offense of failure to vote
within 30 days ( Flores vs COMELEC 184 ( Juan vs People 322 SCRA 125)
SCRA 484)
b. Form C. Offenses
Where the appellant filed an appeal 1. Vote-buying
brief instead of a notice of appeal to a. The fact that at least one
the COMELEC , the appeal should voter in at least 20% of the precincts in a
not be dismissed, since the municipality , city or province was offered money
determination of the will of the people by the relatives, leaders or sympathizers of a
should not be thwarted of candidate to promote his election shall create a
technicalities ( Pahilan vs Tabalba, 230 presumption of conspiracy to bribe voters.
SCRA 205)
b. The fact that at least 20% of
c. Failure to Pay Appellate Docket Fee the precincts of the municipality, city or province
to which the office aspired for by the candidate is
i. An appeal may be dismissed affected by the offer creates the presumption
for failure of the appellant to pay the that the candidate and his campaign managers
appellate docket fee ( Reyes are involved in the conspiracy.
vs RTC of Oriental Mindoro, 244 c. Any person who is guilty
SCRA 41) and willingly testifies shall be exempt from
ii. An appeal may be dismissed prosecution ( Sec 28, RA 6646)
if the full appellate docket fee was
not paid , as payment of the full d. The traditional gift-giving by
amount is indispensable for the municipality during Christmas which was
perfection of the appeal ( Rodillas vs done to induce voters for the mayor does not
COMELEC, 245 SCRA 702) constitute vote-buying ( Lozano vs Martinez, 285
SCRA 256)
d. Scope of Authority
2. Appointment of New Employees
Errors committed by the trial court The prohibition against
may be considered even if they were appointment of a government employee within
not assigned as errors ( Arao vs 45 days before regular election refers to positions
COMELEC 210 SCRA 290) covered by the civil service and does not apply to
the replacement of a councilor who died ( Ong vd
XIII. CRIMINAL OFFENSES Martinez, 188 SCRA 830)

A,. Criminal and Electorate Aspects of An 3. Unauthorized Entry into Polling

Election Offense Place
Mere presence of unauthorized
An election offense has criminal as well as person inside a polling place is an offense
electoral aspects ( Sunga vs COMELEC 288 ( COMELEC vs Romillo, 158 SCRA 716)
SCRA 76) 4. Transfers of Government
Employees
1. Its criminal aspect involves the
ascertainment of the guilt or innocence of Since the Omnibus Election Code
the accused candidate like in any does not per se prohibit the
other criminal case, it usually entails a transfer of government employees
full-blown hearing and the during the election period but only
quantum of proof required to secure a penalizes such transfers made
conviction beyond without the prior approval of the
reasonable doubt . COMELEC in accordance with the
2. Its electoral aspect is a implementing regulations, the
determination of whether the offender should be transfer of government employees
qualified from office. This is before the publication of the
done through administrative proceeding implementing regulations is not an
which is summary in character and election offense. ( People vs Reyes,
requires only a clear preponderance of 247 SCRA 328)
evidence.
Two elements of the offense
B. Jurisdiction to try the case prescribed under Sec 261 (h) of BP 881, as
ZPG & Associates 38
amended are: (1) a public Department… Under Section 5 of Rule 34 of
officer or employee is transferred or detailed the COMELEC Rules of Procedure, the preliminary
within the election period as investigation may be delegated to any of those
fixed by the COMELEC , and (2) the transfer officials specified in the rule upon the direction of
or detail was effected without prior the COMELEC Chairman(Laurel vs. Presiding
approval of the COMELEC in Judge, RTC Manila Br 10, 323 SCRA 778)
accordance with its implementing rules
and regulations ( Regalado vs CA 4. A provincial election supervisor
325 SCRA 516) authorized to conduct a preliminary investigation
may file a case without need of approval of the
5. Carrying Deadly Weapon in Precinct provincial prosecutor. (Pp. Vs. Inting,187 SCRA
788)
To support a conviction carrying a deadly
weapon inside a precinct, it is necessary that The COMELEC can deputize prosecutors to
the deadly weapon be seized from the accused investigate and prosecute offenses even
while he was in precinct ( Mappala vs after election. (Pp. Vs. Basilla,179 SCRA
Munoz 240 SCRA 600) 87)
Since it is a preliminary investigation, it is the
6. Failure to make Proclamation COMELEC who will determine the
existence of probable cause, the
Proclaiming a losing candidate instead of complainant cannot ask it to gather
the winner also constitutes failure to make evidence in support of the complaint.
a proclamation ( Agujetas vs CA 261 SCRA 17) (Kilosbayan Inc vs. COMELEC,280 SCRA
8920
7. Refusing to credit candidate with vote The court in which a criminal case was filed may
Under section 27(b) of RA 6646, order the COMELEC to order a
two act not one, are penalized i.e, first, the reinvestigation. (Pp. Vs. Delgado, 189
tampering, increasing or decreasing of votes SCRA 715)
received by a candidate in any election, and A prosecutor who was deputized by the COMELEC
second, the refusal, after proper verification and cannot oppose the appeal filed by the
hearing to credit the correct votes or deduct such COMELEC from the dismissal of a case,
tampered votes.(Pimentel vs. COMELEC,289 since the power to prosecute election
SCRA 586) offenses is vested in the COMELEC.
(COMELEC vs. Ssilva,286 SCRA 177)
D. Prosecution

1. Section 2(6),Art IX-C “File, upon a verified

complaint, or on its own initiative, petitions in
court for inclusion or exclusion of voters;
investigate and, where appropriate, prosecute
cases of violations of election laws, including acts
or omissions constituting election frauds,
offenses, and malpractices.”

The COMELEC has exclusive jurisdiction to

conduct preliminary investigation of and
prosecute election offenses (Naldaza vs.
Lavilles,254 SCRA 286)

2. This holds true even if the offense is

committed by a public officer in relation to
his office.(Corpuz vs. Tanodbayan, 149
SCRA 2281)

3. Whatever initiated motu propio or filed

with the COMELEC by any other party, the
complaint shall be referred to the COMELEC Law
Department for investigation.. The COMELEC
Chairman, in his personal capacity may file
directly with the COMELEC Law Department
pursuant to Section 4, Rule 34 of the COMELEC
Rules of Procedure. No requirement in section 5
that only the COMELEC en banc may refer a
complaint to the Law Department for
investigation nor is there a rule against the
COMELEC Chairman directing the conduct of a
preliminary investigation, even if he himself were
the complainant in his private capacity… Where
the complaint was directly filed with the Law
Department under Section 4 of Rule 32 of the
COMELEC RULES of Procedure obviously there is
no need to refer such complaint to the same Law