Vous êtes sur la page 1sur 6

PRE-PROCLAMATION CONTROVERSY- refers to any question pertaining to or affecting the proceedings of the BOC 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 COMELEC, or any matter raised under section 233,234,235, and 236 in relation to the preparation, receipt, appreciation, custody of the election returns. Refers to any proceedings which are initiated before the proclamation of the winning candidate BOC- appeal to COMELEC within 3 days COMELECs jurisdiction is appellate. Issues limited under section 243 of OEC. (EXCLUSIVE AND RESTRICTIVE) Summary in nature, thus appeal form the rulings of BOC are mandatory to avoid delay BOC and COMELEC are not to look beyond or behind election returns which are on their face regular and authentic returns. No room for presentation of evidence aliunde, inspection of voluminous documents and for meticulous technical examinations which take up considerable time. Proclamation of the winning candidate be provisional in nature, the same may be the subject of the same results of the election protests that may be subsequently filed. Board of canvassers( mun, provl, city) before whom pre-proc controversies are initiated are merely ad-hoc bodies existing only for the interim task of canvassing election returns, thus do not have facilities, the time nor competence to hear, examine and decide on alleged election irregularities.

PURPOSE: To ascertain the winner/s in the elections on the basis of the election returns duly authenticated by the board of inspectors and admitted by the board of canvassers ELECTION PROTEST- questions involving appreciation of the votes and the conduct of the campaign and the balloting which require more deliberate and necessarily longer consideration Raise issues the reso of which would compel the comelec to piece the veil of election returns which are prima facie regular on their face If there had been sham voting or inimical voting which was made to appear as normal through the falsification of the elction returns

NO PROCLAMATION CASES IN ELECTIONS OF PRESIDENT, VICE-PRESIDENT AND MEMBERS OF CONGRESS. AUTHORITY OF comelec OVER PRE-PROCLAMATION CASES LIMITED TO: 1. 2. 3. 4. REGIONAL PROVL CITY MUNICIPAL OFFICIALS relating to the composition or proceeding of the board of canvassers which must be first heard by the COMELEC in division MR-COMELEC en banc

Electoral tribunal assumes exclusive jurisdiction over all issues only after the candidate has become a member of Congress and not prior thereto. COMELEC has authority over issues affecting the elections of members of congress, who has not been proclaimed and taken his oath, involving: 1

1. Manifest errors in the cert of canvass or election returns which may be corrected by the canvassing board motu proprio or upon written complaint of interested person, or by the comelec in a petition filed directly withit or upon proper appeal from the ruling of the board of canvassers 2. Composition of the board or its proceedings which may be decided by the canvassing board or by the comelec upon proper petition directly filed with it or upon appeal from the ruling of the board of canvassers. In a pre-proc case, comelec has no authority to annul the proclamation of a candidate or suspend the proclamation or its effects without prior notice and hearing. Comelec can suspend the canvass of votes pending its inquiry whether there exists a discrepancy between the various copies of election returns from the disputed centers. Once the election returns were found to be falsified or tampered with, the comelec can annul the illegal canvass and order the BOC to reconvene and proclaim the winners on the basis of the genuine returns or, if it should refuse, replace the members of the board or proclaim the winners itself. CORRECTION OF MANIFEST ERROR INCLUDES: 1. Errors in the election returns 2. Entries of the statement of votes by precinct per municipality 3. Certificate of canvass PRE-PROC CONTROVERSY; COVERAGE: 1. ILLEGALITY OF COMPOSITION OR PROCEEDINGS OF THE BOARD - Where the board is not constituted in accordance with - Not composed of those enumerated by the law, it may be declared, illegal-> transacted business without quorum or without due notice of the members a. Initiated in the board when the board begins to act as such b. Or at the time the appointment of the member whose capacity to sit as such is objected to if it comes after the canvassing of the board c. Or immediately at the point where the proceedings are or begin to be illegal d. or directly with the comelec. e. BOC-appeal to COMELEC within 3 days 2. Exclusion of election returns prepared under duress - Returns must contain defects or irregularities apparent from a physical inspection of the election returns - Returns will not be excluded on the mere allegations that the returns are manufactured or fictitious when the returns, on their face, appear regular and wanting of any physical signs tampering, alteration, or other similar vice. 3. Spuriousness of returns must be shown on face of returns; exceptions - In the absence of strong evidence, election returns shall be accorded prima facie status as bona fide reports of the results of the count of the votes for canvassing and proclamation must perform prevail. 4. Material defects in the election returns - Objection to the return is found by the board, the latter should call the attention of the BEI to correct the defects. - Some requisites of forms or data had been omitted in the election returns, BOC shall call the BEI 5. OBVIOUSLY MANUFACTURES RETURNS - NO ELECTIONS AT ALL WERE HELD 2

Where members of the BEI stated that they never serve and did not participate in any election. COMELEC has the power to inquire into the question 6. Armed men dictated preparation of returns - COMELEC has the power to invalidate the returns involved. 7. ELECTION RETURNS ARE NOT SIGNED 8. MANIFEST ERRORS IN THE RETURNS 1. COPY OF ELECTION RETURNS ARE TABULATED MORE THAN ONCE 2. 2 OR MORE COPIES OF THE ELECTION RETURNS OF ONE PRECINCT, OR TWO OR MORWE COPIES OF CERT OF CANVASS WERE TABULATED SEPARATELY 3. THERE HAD BEEN A MISTAKE IN THE COPYING OF THE FIGURES INTO STATEMENT OF VOTES OR INTO THE CERT OF CANVASS 4. SO-CALLED RETURNS WERE INCLUDED IN THE CANVASS BUT SUCH ERRORS COULD NOT HAVE BEEN DISCOVERED DURING THE CANVASSING DESPITE THE EXERCISE OF DUE DILIGENCE AND PROCLAMATION OF THE WINNING CANDIDATES HAD ALREADY BEEN MADE. 5. BOARD OF CANVASSERS FAILED TO INCLUDE SEVERAL ELECTION RETURNS IN THE CANVASSING

REMEDY IN CASE OF MANIFEST ERROR WHERE CANDIDATE HAD BEEN PROCLAIMED- PETITION TO ANNUL THE PROCLAMATION. Votes in tally should prevail. 3 day period is not inflexible. Thus, Proclamation of a candidate made by the BOC which was null and void, the late filing of an appeal to the comelec from the ruling of the BOC did not deprive the COMELEC of the power to declare such nullity and to annul the proclamation. 3 day period to appeal assumes the BOC had issued its ruling. All pre-proc controversies on election returns or cert of canvass shall, on the basis of the records and evidence elevated to it by the BOC, be disposed summarily by the COMELEC within 5 days from receipt thereof. Its decision shall be executory from the lapse of five days from receipt by the losing party of the decision of the COMELEC unless restrained by the SC, does not bar the losing party from filing an election contest within 10 days period. OBJECTING TO ELECTION RETURNS IS MANDATORY AND MUST BE FOLLOWED. BOC- COMELEC IN DIVISION-MR within 5 days from receipt thereof-DENIED MR for being interlocutory in nature, remedy is: COMELEC EN BANC. BUT IF THE LATTER COMMITTED GRAVE ABUSE OF DICRETION IN ISSUING INTERLOCUTORY ORDER RELATIVE TO AN ACTION PENDING BEFORE IT, REMEDY: PETITION FOR CERTIORARI WITH SC UNDER RULE 65. The COMELEC, motu proprio, can reconsider its earlier resolution. Within 30 day period from its promulgation, comelec en banc may reconsider, recall or amned its earlier resolution as it is still within its control. GR: All pre-proc cases involving provincial and municipal offices pending before the comelec shall be deemed terminated at the beginning of the term of the office involved and the rulings of the board of canvassers concerned shall be deemed affirmed, without prejudice to the filing of a regular election protest by the aggrieved party. Exceptions: 3

1. When the comelec determines on the basis of evidence so far presented that the petition is meritorious, in which event the case is not included in the list of cases contained in the omnibus order 2. Appropriate order had been issued by the supreme court in a petition for certiorari 3. Cases which are not pre-proc controversies However, omnibus motion may be challenged by the aggrieved party by filing a petition for certiorari with the SC on the ground of grave abuse of discretion amounting to lack of jurisdiction. Decision of comelec en banc and proclamation of winning candidate render the decision final. It can no longer be challenged by certiorari under rule 65 within 30 days. Partial proclamation- comelec can summarily order the proclamation of other winning candidates whose elections will not be affected by the outcome of the controversy. Filing of a pre-proclamation petition to annul or suspend the proclamation suspends the period to file election protest and quo warranto proceeding, during its pendency before comelec and the SC where appeal by certiorari is filed with said court. Where proc is declared null and vois, no proclamation at all and the proclaimed candidates assumption of office cannot deprive the comelec of the power to declare such nullity and annul the proclamation. POST ELECTION DISPUTE- are instituted after proclamation of the winning candidates. It pertains to: 1. The casting and counting of votes and raise the question as to who actually received the majority of the legal ballots, known as election contest/protest and 2. Eligibility or disloyalty of the winning candidates, called proceedings for quo warranto 3. Criminal prosecution for an election offense against the winner

1. Distinguish quo warranto from election protest 2. They may not be availed of jointly and in the same proceeding. 3. They can be separately filed. With the second and later case suspended until the earlier one is resolved. An action for quo warranto cannot be converted into an election protest.

ELECTION PROTEST: filed within 10 days after proclamation of the winning candidate (filing of a petition to annul or suspend the proclamation suspends the running of this ten-day period and it begins to run again from notice of the dismissal of the pre-proclamation controversies// must allege fraud and irregularities COMELEC- sole judge of all contests relating to the elections, returns, and qualifications of all elective regional, provincial and city officials RTC- over contests for municipal officials MeTc, MTC- Jjurisdiction over election contests for brgy officials Grounds for election protest: 4

1. 2. 3. 4. 5. 6. 7. 8.

Fraud Vote buying Terrorism Presence of flying voters Misreading or misappreciation of the ballots Disenfranchisement of voters Unqualified members of the board of election inspectors Other election irregularities

Payment of filing or docket fees on time. No answer to the protest, counter protest or petition for quo warranto is filed, a GENERAL DENIAL shall be deemed to have been entered. QUO WARRANTO- filed within 10 days after proclamation on the ground of ineligibility or disloyalty to the RP COMELEC- jurisdiction over petitions for quo warranto involving regl, provl and city officials RTC- QW involving municipal and brgy officials 1. QUO WARRANTO FILLED BY ELECTION-determination of eligibility or disloyalty of the candidate-elect; when the person elected is ineligible, the court cannot declare that the candidate occupying the second place has been elected, even if he were eligible, since the law only authorizes a declaration of election in favour of the person who has obtained a plurality of votes, and has presented his certificate of candidacy 2. QUO WARRANTO INVOLVING AN OFFICE HELD BY APPOINTMENT- legality of appointment; court determines who has been legally appointed and can and ought to declare who is entitled to occupy the office. Docket fee should be paid; petition must be under oath Exception to the 10 day period: filed on the ground that the proclaimed candidate is an alien, in which ase petition be filed anytime. ELECTORAL TRIBUNAL Section 17. The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members. Each Electoral Tribunal shall be composed of nine Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining six shall be Members of the Senate or the House of Representatives, as the case may be, who shall be chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman of the election, and a resident of the Philippines for at least ten years immediately preceding such election. ELECTION- refers to 1. 2. 3. 4. The conduct of the polls List of voters Holding of election campaign Casting and counting of votes 5

RETURNS- canvass of the returns and the proclamation of winners including questions concerning the composition of the BOC and the authenticity of the election returns

QUALIFICATIONS- pertains to matters that could be raised in a quo warranto proceeding against the proclaimed winner, such as disloyalty to the RP or ineligibility or the inadequacy of his cert of candidacy Sole- exclusive jurisdiction of the electoral tribunal as judge of contests relating to the election, returns and qualifications of the members of the congress Judicial review of decisions or final orders of the electoral tribunal is possible only in the exercise of the SCs extraordinary jurisdiction, upon a determination that the tribunals decision or resolution was rendered 1. without or in excess of its jurisdiction, or 2. with grave abuse of discretion, or 3. upon a clear showing of such arbitrary and improvident use by the tribunal of its power as constitutes a denial of due process of law, or 4. upon a demonstration of a very clear unmitigated error, manifestly constituting such grave abuse of discretion that there has to be a remedy for such abuse.