Election Laws Reviewer.pdf

Election Laws ReviewerDefinition: registration of a petition singed by a required percentage of the qualified voters. 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. 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): 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 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: • natural -born citizens of the Philippines • 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. The chairman and members cannot be removed except by impeachment. 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. A member appointment and designations in temporary or acting capacity are not allowed to preserve its independence. The salaries of the chairman and members are relatively high and may not be decreased during continuance in office. Disabilities, inhibitions\disqualifications The COMELEC enjoy fiscal autonomy. 1. Shall not, during tenure, hold any other office or employment 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) 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 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” It is expressly described as “independent” It is conferred with certain powers and functions which cannot be reduced by statute. 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 same is a preproclamation 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, 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 FUNCTIONS POWERS AND • 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 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 mediaSection 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 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 election 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 May 5. 147571.242 SCRA 415) • Adjust the apportionment in a case of creation of new provinces or cities. COMELEC. The court takes jurisdiction first shall exercise exclusive jurisdiction over the case. The COMELEC concern with the possible non communicative effect of exit polls-disorder and confusion in the voting centers. . It is a direct and total suppression of the category of expression even though such suppression is only for a limited period. The COMELEC is merely authorized to adjust the number of congressmen apportioned to an old province if a new • Pardon violators of election laws. (Social Weather Station vs.2001) STATUTORY POWERS • Make minor adjustments of apportionment of legislative districts. 3. Comelec. It imposes prior restraint on the freedom of expression. and c. 2. (Montejo vs. Summons parties pending before it to a controversy 5. The reason behind the principle of ballot secrecy is to avoid vote buying through voter identification (ABS-CBN Broadcasting Corporation vs. 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. Issue writs of certiorari. Punish contempts provided for in the Rules of Courts. (Carlos vs. Exclusive original jurisdiction over all pre-proclamation controversies.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. and mandamus over decisions of trial courts of general jurisdiction in election cases involving elective municipal officials. prohibition and mandamus in aid of its exclusive appellate jurisdiction. COMELEC) province is created out of it and does not authorize the COMELEC to transfer municipalities from one legislative district to another. • Submit report on how a previous elections was conducted. prohibition The COMELEC has the authority to issue extraordinary writs of certiorari. GR No. Angeles. Both the SC and the COMELEC have concurrent jurisdiction to issue writs of certiorari.supra) The SC held that SEC 5.does not justify a total ban on them. Power to declare failure of election and call for special election. The governmental interest sought to be promoted can be achieved by means other than the suppression of freedom of expression. the 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.expression. (Montejo. 346 SCRA 571) 4. • Promulgate rules of procedure concerning pleadings and practice before it or any of its offices.also for long term research. b.and the press because: a. 1. Enforce and execute its decisions and orders 6. prohibition. COMELEC. 1997 Rules of Civil Procedure. COMELEC. is not issued pursuant to the COMELEC’s quasijudicial functions but merely as an incident of its inherent administrative functions over the conduct of plebiscites. beyond judicial interference.88 SCRA 251) The mode by which a decision.(Guevarra vs. but this power may be exercised only while the COMELEC is engaged in the performance of quasi-judicial functions and not administrative functions.(Chavez vs. ruling and decision of the COMELEC rendered in the exercise of its adjudicatory or quasi-judicial powers.(Guerero vs. 6 SCRA 270) 7. (Ambil vs. COMELEC. COMELEC. Prescribe the use or adoption of the latest technological and electronic devices 12. as amended.344 SCRA358) A special civil action for certiorari is the proper remedy to question any final order. rulings and decisions” of the COMELEC reviewable 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 exercise of its adjudicatory (or quasi-judicial) powers.(Salva . (Aratuc vs. JUDICIAL REVIEW OF DECISIONS Any decision. 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.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. the court exercises extraordinary jurisdiction. and any question pertaining to the validity of said resolution may be well taken in an ordinary civil action before the trial courts.The COMELEC has the power to cite for contempt. 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. 9. 2987 which provides for the rules and regulations governing the conduct of plebiscite. Procure any supplies. Carry out continuing and systematic campaign to educate the public about elections 13. Promulgate rules and regulations implementing the Election Code 8. Makalintal. Exercise direct and immediate supervision and control over officials required to perform duties relative to the conduct of election.336 SCRA 458) What is contemplated by the term “final orders. When the Supreme Court reviews a decision of the COMELEC. 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. (Salva vs. equjipment. 211 SCRA 315) A resolution of the COMELEC awarding a contract for the supply of voting booths to a private party. Enlist non-partisan groups to assist. Fix other reasonable periods for certain pre-election requirements. 14. as a result of its choice among various proposals submitted in response to its invitation to bid. now expressly provided in Rule 64. is not . 104 PHIL 269 and Masangcay vs. Prescribe forms to be used in the election 10. COMELEC. 340 SRA 506) COMELEC Resolution No. materials or services needed for the holding of election 11. COMELEC. an interlocutory order or even a final resolution of a Division of the COMELEC.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. Removal of disqualification for conviction • Plenary pardon • Amnesty as . The residence at the place chosen for the new domicile must be actual. may register as voter. Insane or incompetent persons declared by competent authority. 9. COMELEC. COMELEC. 358) VOTERS: QUALIFICATION REGISTRATION by reason of occupation. there must concur (1) residence or bodily presence in the new locality. (Filipinas Engineering vs. 244 SCRA 358) A decision. RTC. 3. No literacy. PNP or confinement or detention in government institutions. 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. the Supreme Court treats domicile and residence and residence as synonymous terms. Any question arising from said order may be taken in an ordinary civil action. on the day of election shall possess such qualification. Any person who. In order to acquire a new domicile by choice.at least 1 year in the Philippines. and at least 6 months where he proposes to vote immediately preceding the election. Any person who temporarily resides in another city municipality or country solely 2.226 SCRA 406) AND Qualification for Suffrage Disqualifications Filipino citizenship. and (3) an intention to abandon the old domicile. on the days of registration may not have been reached the required period of residence but who. (Ambil vs. employment in public or private service. 1. (Ambil vs.(2) an intention to remain there. (Sec. (Romualdez vs. profession. Any person adjudged by judgment of having committed the final (a) any crime involving disloyalty to the government or (b) any crime against national security (c) firearms laws.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. shall not deemed to have lost his original residence. Any person sentenced by the final judgment to suffer imprisonment for not less than one year.it may be by birth or naturalization. service in the AFP. work in the military or naval reservations within the Philippines. Residence. COMEL. Age. 344 SCRA 358) The Supreme Court has no power to review via certiorari. educational activities. RA 8189) In election cases. property or other substantive requirement shall be imposed on the exercise of suffrage. 24. statute books and other repositories of law. 8. RA 8189) System of Continuing Registration The personal filing o application of registration of voters shall be conducted daily in the office of the Election Office during regular office hours. 35. Regional Trial Court – appellate jurisdiction (5 days) (Sec. Challenged voters [Sec. Parties to be notified 5. Period for Filing a. Supreme Court – appellate jurisdiction over RTC on question of law (15 days) [Sec. RA 8189) iii. Art.• Lapse of 5yaers after service of sentence (Sec.. PC] b. RA 8189) b. RA 8189) c. PC. No registration shall.] 2. RA 8189] . (Sec. be conducted during the period starting 120 days before a regular election and 90 days before a special election.111. Inclusion – Election Registration Board i. March 26. RA 8189) COMELEC [Sec. (Sec. 34. Petitioners a. 2(6). as the enjoyment of all other rights subject to existing substantive and procedural requirement embodied in our Constitution. 2(6). 32(b). Election Registration Board 7.” (AKBAYAN – Youth et al. 5(2)(e). PC] or 3. ought to be exercised within the proper bounds frames and framework of the Constitution and must properly yield to pertinent laws skillfully enacted by the Legislature…” “The right of suffrage ardently invoked by herein petitioners is not at all absolute…the exercise of suffrage. although afforded a prime niche in the hierarchy of right embodied in the fundamental law. Inclusion – Any day except 105 days before regular election or 75 days before a special election. ii Exclusion – 6. Representative of political party iii. Municipal or Metropolitan Trial Court – original and exclusive Jurisdiction\ ii. Each petition shall refer only to only one precinct. Art. 2001) Inclusion and Exclution Cases 1. 35 . 35 RA 8189) 4. vs. (Sec. Any registered voter in city municipality ii. Procedure a. Art. COMELEC GR No. Rule 45 of the Rules of Court. however. 39. 147066. Inclusion Private person whose application was disapprove by the Election Registration Board or whose name was stricken out from the list of waters (Sec.. RA 8189) b. Jurisdiction i. Election Officer (Sec. RA 8189) The Supreme Court upheld the validity of the COMELEC resolution denying the petition of certain youth sectors to conduct a special registration: “Petitioners were not denied the opportunity to avail of the continuing registration under RA 8189. 2. IX-C. RA 8189) iv. Exclusion – Any time except 100 days before a regular election or 65 days before special election. 33. COMELEC [Sec. (Sec. Sec. Exclusion i. Petition for exclusion shall be sworn (Sec.the law aids the vigilant and not those who slumber on their rights… “In a representative democracy the right of suffrage. Notice i. VIII. IX – C. Book of voters refers to the compilation of all registration records in a precinct. intimidation. IV. RA 8189) Annulment of List of Voters 1. 32c. the Chairman of the BEI shall. 33. RA 8189) The annulment of the list of voters shall not constitute a ground for a pre-proclamation controversy. 33. (Sarangani vs. POLITICAL PARTIES AND PARTY – LIST SYSTEM . RA 8189) Non-appearance is prima facie evidence the registered voter is fictitious (Sec. in the presence of the voter. 32(b). Upon verified complaint of any voter. RA 8189) Decision cannot be rendered on stipulation of facts (Sec. impersonation. candidate or political party affected may intervene. No list of voters shall be annulled within 60 days before an election (See. forgery. election officer or registered political party or motu propio. judicial interference being unnecessary and uncalled for… The sacred right of suffrage guaranteed by the Constitution is not tampered when a list of fictitious voters is excluded from an electoral exercise. 334 SCRA 379) Election precinct is the basic unit of territory established by the COMELEC for the purpose of voting. bribery. (Sec. (Ututalum vs. List of voters refers to an enumeration of names of registered voters in a precinct duly certified by the Election Registration Board for use in the election.8. RA 8189) Any voter. Signature of Chairman at back of every ballot In every case before delivering an official ballot to the voter. COMELEC. said order shall stand. force or other similar irregularity or statistically improbable. (Sec. A polling place refers to the building or place where the board of election inspectors conduct proceedings and where the voters cast their votes. 181 SCRA 335) When an assailed order had been issued pursuant to COMELEC’s administrative powers in the absence of any finding of grave abuse of discretion in declaring a precinct as non – existent. 2. the COMELEC may annul a list of votes which was not prepared in accordance with RA 8189 or whose preparation was affected with fraud. • Posting in city hall or municipal hall and two other conspicuous places in the city or municipality at least 10 days before the hearing (Sec. Failure to so authenticate shall be noted in the minutes of the BEI and shall constitute an election offense punishable under Sections 263 and 264 of the OEC. 32 (f). 32 (f). Voting center refers to the building or place where the polling place is located. RA 8189) No motion for reconsideration is allowed. affix his signature at the back thereof. COMELEC. Manner Notice stating the place day and hour of hearing shall be served through any of the following means: • Registered mail • Personal delivery • Leaving copy in possession of sufficient discretion in residence. The political party. organizations and coalitions thereof registered with the COMELEC. labor peasant. political ideas or platforms of government and includes its branches or divisions. COMELEC. The party – list organization or party must factually and truly represent the marginalized and underrepresented constituencies mentioned in Sec.Political party or party when used in the OEC means an organized group of persons pursuing the same ideology. majority of its membership should belong to the marginalized and underrepresented. urban poor. and 8. Accepting financial contributions from foreign governments or their agencies (for partisan election purposes. and to be entitled to the rights of political parties. To acquire juridical personality. It is a religious sect or denomination. Religious sects 2.(Ang Bagong Bayani – OFW Labor Party. Those which refuse to adhere to the Constitution 4. women youth. It has ceased to exist for at least one year . or fails to obtain at least 2% of the votes cast under the party – list system in the two preceding elections for the constituency in which it was registered. et al vs. A political party may refer to a local regional or national party existing and duly registered and accredited by the COMELEC. overseas workers and professionals. Fails to participate in the last two preceding elections. PC) 2. Those that are supported by any foreign government GROUNDS FOR REGISTRATION CANCELLATION OF 1. namely.2(5). organization must represent the marginalized and underrepresented groups identified in Sec. regional and sectoral parties. PC] The Party–List System.) (Sec. 3. qualify for accreditation. 5 . handicapped. veterans. Proportional representation refers to the representation of the marginalized and underrepresented as exemplified by the enumeration in Sec/ 5 of the law. 1. 342 SCRA 244) GUIDELINES FOR LIST PARTICIPANTS SCREENING PARTY 1. • A party which fails to obtain at least 10% of the votes cast in the constituency in which it nominated candidates in the election next following its registration shall forfeit its registration. . It violates or fails to comply with laws. organization or association organized for religious purposes. The Party–list system was devised to replace the reserve seat system – the very essence of the party – list system is representation by election. 5 of RA 7941. a political party must be registered with the COMELEC. A free and open party system shall be allowed to evolve according to the free choice of the people. Those which seeks to achieve their goals through unlawful means 3. (Veterans Federation Party vs. IX – C. fisherfolk. The following political parties cannot be registered. It advocates violence or unlawful means to seek its goal 4. rules and regulations relating to elections 6. elderly. Art IX – C. indigenous cultural communities. sector. is a mechanism of proportional representation in the election of representatives to the House of Representatives. from national. [Sec 2(5) Art. It declares untruthful statements in its petition 7. It is a foreign party or organization 5. Party System. While lacking a well – defined political constituency. 8. 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. 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 and 8. 2001) 2. c. 4. VI of the Constitution provides that members of the House of Representatives may be elected through a party – list system of registered national. under Secs. (Ang Bagong Bayani – OFW Labor Party. natural – born – citizen of the Philippines b. RA 7941. RA 7941 as follows: No person shall be nominated as party list representative unless he is: a. 6. That religious sector may not be represented in the party – list system. 2001) 3. The party. A party or an organization must not be disqualified under Sec. 147589. COMELEC. 9. (3) the three seat limit. except for purposes of May 11. able to read and write. e. and f. the government. including its nominees must comply with the qualification requirements of Sec.COMELEC et al GR No. At least 25 years of age on the day of the election. The requisite character of these organizations must be consistent with the purpose of the party – list system. even the major ones. or a project organized or an entity funded or assisted by. Political parties. imam or pastors may be elected should they represent not heir religious sect but the indigenous community sector. The parameters of the Filipino Party – List System are: (1) the twenty percent allocation. June 26. The party organized must not be adjunct of. d. a bonafide member of the party or organization which he seeks to represent for at least 90 days preceding the day of the election. a registered voter. 6. . merely on the ground that they are political parties. In case of a nominee of the youth sector. . Furthermore. (2) the two percent threshold. except that priest. Sec. 147589. political parties may be registered under the party – list system. and (4) proportional representation. “Thus. a resident of the Philippines for a period not of no less than one year immediately preceding the day of the election. GR No. regional and sectoral parties or organizations. so also must its nominees. Under the Constitution and RA 7941. Not only the candidate party or organization must represent marginalized and underrepresented sectors. at least be 25 but not more than 30 years of age on the day of the election. 1998 elections. provide respondents cannot be disqualified from the party list elections. the nominee must likewise be able to contribute to the formation and enactment of appropriate legislation that will benefit the nation as a whole. et al vs. 5 Art. While even major political parties are expressly allowed by RA 7941 and the Constitution. . 5. may participate in the party – list elections. Art IX – C of the Constitution. June 26. as laid down in the Constitution and RA 7941 . they must show that they represent the interest of the marginalized and underrepresented. 7. et al. VI of the Constitution is not mandatory. Domicile of origin is lost only when there is actual removal or change of domicile. an as may be provided by law. A minor follows the domicile of his parents. will necessarily result in a corresponding increase in the number of party – list seats .39. 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. .. Senators 3. her acts following her return to the country clearly indicate that she chose Tacloban. his title to the office may be seasonably challenged. VI and VII. • Sections 5 (2). she kept her domicile or origin and merely gained a new home. . as her domicile of choice. Tacloban became IRMs domicile of origin by operation of law when her father brought the family to Leyte. 3. (Frivaldo vs. (Ang Bagong Bayani –OFW Labor Party. these domicile of origin should continue. et al. 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. her domicile of origin. National – Arts. Once any of the required qualifications is lost. Art.147589. 2. 176 SCRA 1) Residence In Marcos vs. when IRM married Marcos in 1954. et al vs. June 26. Obtaining absolute proportional representation is restricted by the threeseat-per-party limit to a maximum of two additional slots . in the absence of clear and positive proof of the concurrence of all these. • Under the Niemeyer formula. 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. 174 SCRA 245 and Labor vs. Local – Sec. Local Government Code Qualifications prescribed by law are continuing requirements and must be possessed for the duration of the officer’s active tenure. not a domicilium necessarium. 248 SCRA 300. COMELEC. finds no application in the Philippine setting because of our three seat limit and the non – mandatory character of the twenty percent allocation. COMELEC. COMELEC. 4. a formulation which means that any increase in the number of district representatives. . PC 1. . 2001) V.• The Constitution makes the number of district representatives the determinant in arriving at the number of seats allocated for party list lawmakers. and acts which correspond with the purpose. . CANDIDATES AND CERTIFICATES OF CANDIDACY QUALIFICATIONS OF CANDIDATES A. a bonafide intention of abandoning the former residence and establishing a new one. it merely provides a ceiling for party – list seats in Congress . . COMELEC. 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. President and Vice President 2. Congressmen – District and Party–List Representatives B. The Niemeyer formula. GR No. while no doubt suitable for Germany. his birth of certificate places Conception. . 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. it was designed to resolve the conflict of laws between or among state where a decedent may have lived for various reasons. (Domino vs. he was a registered voter of the same district. . 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 . or accepting commission in. and a very legalistic. which provides that any person who had lost his Philippine citizenship by rendering service to. COMELEC. eventually intends to return and remain. with the constituents themselves. 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.. commerce and other businesses from the entire province. . his domicile. more important.e. 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. Tarlac for 52 years. acquired United States citizenship by taking an oath to the Republic of the Philippines and registering the same with . Thus. he indicated that he was a resident of San Jose Concepcion. academic and technical approach to the resident requirement does not satisfy this simple. the Armed Forces of the United States. for that matter. Tarlac as birthplace. 1 of RA 2630. COMELEC 337 SCRA 574) Philippine citizenship The lost citizenship may be reacquired under Sec. . . 248 SCRA 400. does not completely isolate its residents. (Torayna vs. The classification of an area as a highly urbanized or independent component city. . 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 . COMELEC. no matter where he may found at any given time. is that to which the Constitution refers when it speaks of residence for the purposes of election law .• In Aquino vs. physical and personal presence in the district that a candidate seeks to represent • The original concept of domicile. COMELEC 310 SCRA 546) The place where the party actually or constructively has his permanent home. and vice versa. or after separation from the Armed Forces of the United States. to mean actual. In his certificate of candidacy. the Supreme Court held that Agapito Aquino failed to prove that he had established not just residence but domicile of choice in Makati. (Perez vs. practical and common sense national for the residence requirement. especially when the city is located at the very heart of the province itself . Tarlac. which arose from American jurisprudence was not intended to govern political rights. his domicile of origin was Conception. for the purpose of determining which law was applicable as regards his estate . politics. i. consistent with Webster. . where he. . BP 881) D. 1992 is not disqualified from running for elective local office (Grego vs. (Mercado vs. B. BP 881) D. 274 SCRA 481) C.” Consequently. BP 881) C. 20 must be understood as referring to “dual allegiance. amnesty. COMELEC. Conviction. 142840. (Bengson. On the other hand. 40 (d) and RA 7854. The term includes not only those who flee after conviction to avoid punishment. HRET. supra) Disqualifications Grounds under the Local Government Code – Sec. 68. Those sentenced by final judgment for an offense involving moral turpitude or an offense punishable by imprisonment for at least one year. May 7. if he was originally a natural-born citizen before he lost his Philippine citizenship. The said oath of allegiance shall contain a renunciation of any other citizenship. he will be restored to his former status as a natural –born Filipino. Removal. unless granted plenary pardon. 40 A. Insurrection or rebellion 2. (Bengson III vs. flee to avoid prosecution. 243 SCRA 538) G. et al. 307 SCRA 630) E. An elective local official who was removed from office prior to January 1. or Lapse of 5 years after service of sentence (Sec. This means that a naturalized Filipino who lost his citizenship will be restored to his prior status as a naturalized Filipino citizen. Crime involving morale turpitude (Sec. COMELEC. (Marquez vs. Sec. Manzano. 12. Any person declared by competent authority insane or Incompetent B.Local Civil Registry in the place where he resides or last reside in the Philippines. Grounds Under the Omnibus Election Code A. within two years after service of sentence. persons with mere dual citizenship do not fall under this disqualification. Insanity or incompetence – declaration of removal by competent authority E. 2001) Repatriation results in the recovery of the original nationality. Any person sentenced by final judgment for any of the Following offenses: 1. 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. Those convicted by final judgment for violating his oath of allegiance to the Republic. Permanent residents in foreign country or those who have the right to reside . Offense for which he was sentenced to penalty of More than 18 months 3. after being changed. Fugitives from justice in criminal or non – political cases. upon the filing of their certificates of candidacy. Sec. A permanent resident to or immigrant to foreign country Unless he waives such status (Sec. F. For candidates with dual citizenship. Those removed from office as a result of an administrative case. but likewise who. 12. it should suffice if. Those with dual citizenship--The phrase “dual citizenship” in RA 7160. GR No. harasses. • Contractors for public works of the municipality 2. CA. (Sec 73. torture. COMELEC. Deadline Voluntary renunciation of a term of office does not cancel the renounced term in the computation of the three term limit. (Lonzanida vs. GR No. damage. COMELEC. inflicts or produces any violence. . threatens. . 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. (Gador vs. 1998) Conditions for the application of the disqualification: (1) the official concerned has been elected for three consecutive terms in the same local government post and (2) that he has fully served three consecutive terms . The insane or feeble – minded. 311 SACRA 602) Certificate of candidacy must be filed not later than the day before the date for the beginning of the campaign period. . Under the Revised Administrative Code – Municipal Office A person who files a certificate of candidacy for more than one office should be eligible for any of them. injury. it is not enough that an individual has served three consecutive in an elective local office. Teleron. his honor or property that is meant to eliminate all other potential candidates. COMELEC. 191 SCRA 229) • Ecclesiastics (Pamil vs. he must also have been elected to the same position for the same number of times before the disqualification can apply: (Borja vs. 95 SCRA 431) Prohibition against multiple candidacies 1. 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. intimidates or actually causes.abroad and continue to avail of it. RA 7166) A certificate filed beyond the deadline is not valid. BP 881) . September 3. bribes. 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. 56 SCRA 413) H. loss or disadvantages to any person or persons aspiring to become a candidate or that of the immediate member of his family. 7. 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 . 133495. Consequently. punishment. • Persons receiving compensation from provincial or municipal funds 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. directly or indirectly coerces. (Sec. (Caasi vs. 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. each shall state his paternal and maternal surnames. When two or more candidates for the same office have the same name or surname. The certificate must be sworn. such as held of oath (Guzman vs. at least sixty days before the regular election. the name registered with the civil registrar or any other name allowed by law. and (2) to avoid confusion and inconvenience in the tabulation of the votes to the duly registered candidates. 311 SCRA 617) Duty of COMELEC . except the incumbent (See. as mark to identify the votes in favor of a candidate for another office in the same election. there might be as many persons voted for as there are voters. 5 copies. BP 881) Place and Period of Filling For President. (Go vs. The certificate of candidacy shall be filed by the candidate personally or his duly authorized representative. Vice President and Senators: main office of the COMELEC in Manila. 147741. declaring under oath the office for which he desires to be eligible and cancel the certificate of candidacy for other office or offices. COMELEC. and votes might be cast even for unknown or fictitious persons. He may include one nickname or stage name by which he is generally known. BP 881) The election of a candidate cannot be annulled because of formal defects in his certificate. city or municipal officials shall be filed in 5 copies not later than 45 days before the election. GR No. Board of Canvassers. 71. the candidates among whom they are to make the choice. Provincial. (1) to enable the voters to know.Before the deadline for filing certificates he may withdraw all expect one. Abaya. 2001) NCR legislative districts COMELEC Directors – Regional Legislative districts in cities outside NCR – City Election registrar concerned Forms Oath For provincial offices – Provincial Election Supervisor of the province concerned. No certificate of candidacy shall be filed or accepted by mail. 48 Phil 211) Name A candidate shall use his baptismal name or full name. For Members Representatives: Provincial legislative districts – Provincial Election Supervisor of the Province concerned of the House of City and Municipal offices – City Municipal Election Registrar concerned. not later than 90 days before date of election. or The certificates of candidacy of Members of the House of Representatives. (Sec. 73. May 10. (Miranda vs. 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. 3636. RA 9006 If after the last day for filing certificates. COMELEC. and the said party had withdrawn the nomination which withdrawal was confirmed by the candidate under oath. COMELEC Resolution No.Subject to its authority over nuisance candidates and its power to deny due course or cancel a certificate of candidacy. 1992) Even if the withdrawal was not under oath. personally appeared in the COMELEC office. The votes in his favor should be counted. he may be substituted by a person belonging to his party not later than the mid – day of election. 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. 12. GR No. Rono. City Board of Canvassers. SCRA 671). BP 881) Effect Filing An appointive public official is considered resigned upon filing of his certificate. 12. 105365. (See. with the COMELEC. before the deadline for filing certificates of candidacy. 77 BP 881. Hence the bona fide certificate of the substitute candidate cannot be assailed. His filing under oath within the statutory period of his individual certificate for candidacy for the separate office of mayor was. the votes cast for the substituted candidates shall be considered as many votes but shall not invalidate the whole ballot. COMELEC. (Domingo vs. (Sec. since the law makes no distinction. (Ramirez vs. 66. L – 81059. Rules and Regulations Implementing RA 9006) Withdrawal of Certificate of Candidacy Form – written declaration under oath. Sec. withdraws or is disqualified. 1989) Since his certificate of candidacy for the office of board member was filed by his party. COMELEC. 26. 140 SCRA 352) In case of valid substitutions after the official ballot have been printed. There was no withdrawal of candidacy for the position of mayor where the candidate. the rule is that the COMELEC shall have only the ministerial duty to receive and acknowledge receipt of the certificates of candidacy. L81150. the certificate of the substitute cannot be annulled after the election.This includes an employs of a GOCC organized under the Corporation Code (Without original charter).Sanciangco vs. in effect. 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. (Sec. 78. (PNOC – EDC vs. Said certificate may be filled with any board of election inspectors in the political subdivision where he is an electorate of the country. there was substantial compliance with Sec. (sec. June 2. For this purpose. a candidate dies. 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. (Villanueva vs. (Vivero vs. 73. the official ballots shall provide spaces where the voters may write the name of substitute candidates if they are voting for the latter. BP 881. 222 SCRA 831) Any elective official. NLRC. Jan 12. 1992) Substitution of Candidacy – Sec. RA 9006) . 137. a rejection of the party nomination on his behalf for the office of board member. Jan 12. 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. A disqualified candidate may only be substituted if he had a valid certificate of candidacy in the first place because. paragraphs d. – Sec. he is and was not a candidate at all. since his certificate was not filed to make mockery of the election or to confuse the voters. 248 SCRA 300. The concept of a substitute presupposes the existence of the person to be substituted. 77 of the Election Code . Grounds Violation of Omnibus Election Code – Sec. he cannot be substituted under Sec. 248 SCRA 400) 2. Abaya. 86 and 261.. v and cc. 311 SCRA 617) In case of valid substitutions after the official ballots have been printed. 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. 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. While Sec. . sub-paragraph 6. . Mula. If a person was not a candidate. 77 of the Code . 78 in 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. (Sinaca vs. for how can a person take the place of somebody who does not exist or who never was. RA 6646) . 85. (Jurilla vs. COMELEC.. e. . RA 9006. COMELEC. 232 SCRA 758) Falsity of material representation certificate of candidacy. 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. k. 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. COMELEC. 12. . Sec. 83. 80. . Aquino vs. receiving or making any prohibited contribution Violations of Secs. 5a and 7. Procedure candidates for disqualification of 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. amending Sec. (Secs. if the disqualified candidate did not have a valid and seasonably filed certificate of candidacy. Nuisance candidate – Sec. 12 of RA 8436) DISQUALIFICATION OF CANDIDATES 1. the votes cast for the substituted candidates shall be considered as stray votes but shall not invalidate the whole ballot. as it was impossible to file the petition earlier. and the votes cast for him shall not be counted. (Garvida vs. 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. COMELEC. (Sec. (Perez vs. 288 SCRA 76 and Lonzanida vs. 180 SCRA 509) The COMELEC may motu propio refuse to give due course or cancel a certificate of candidacy. 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. 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. (Torayno vs. and the criminal.Under the election laws and the COMELEC Rules of Procedure. COMELEC. 311 SCRA 617) Sec. 271 SCRA 764) Where a qualified candidate was replaced on the day before the election. inquiry or protest and. from serving. order the suspension of the proclamation of such candidate whenever the evidence of guilt is strong. . COMELEC. (Sunga vs. COMELEC. (Nolasco. Larrazabal. or to prosecute him for violation of election laws. (Sec. (Loong vs. may. which required only a preponderance of evidence to prove disqualification. the administrative. RA 6646) The purpose of a disqualification proceeding is to prevent the candidate from running or. COMELEC. 69. (Sunga vs. (Abella vs. 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. 5(e) and 7. 317 SCRA 641) A disqualification case may have two aspects. 337 SCRA 574) The fact that no docket fee was initially paid is not fatal. upon motion of the complainant or any intervenor. any voter may file a petition to disqualify a candidate on grounds provided by law. 6. 228 SCRA 76) A petition filed after the election is filed out of time. if elected. BP 881) The proceeding shall be summary.COMELEC. which necessitates proof beyond reasonable doubt to convict.COMELEC. during the tendency thereof. Sales. 275 SCRA 762) The COMELEC can decide a disqualification case directly without referring it to its legal officers for investigation. supra) The decision shall be final and executory after 5 days from receipt unless stayed by the Supreme Court [Secs. The Procedural defect as cured by the subsequent payment of the docket fee. a petition to disqualify the replacement filed on election day should be entertained. 6 of RA 6616 authorizes the continuation of proceedings for disqualification even after the elections if the respondent has not been proclaimed. (Nolasco vs. The COMELEC should not dismiss the case simply because the respondent has been proclaimed. VI. SCRA 480) THE LONE CANDIDATE LAW The Lone Candidate Law is RA 8295. 79. (Grego vs. . the complaint must be dismissed as a disqualification case but shall be referred to the Law Department for preliminary investigation. 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. 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. If done for the purpose of enhancing the chances of aspirants for nomination for candidacy to a public office by a political party. No. Since the suspension of the proclamation is merely permissive. etc. inquiry or protest. (Bautista vs. it shall not be considered as election campaign or partisan political activity. as in this case. 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. when there is only one (1) qualified candidate for such position. the proclamation of a candidate is valid. COMELEC. 298. Second paragraph of paragraph 2 of Res. 320 SCRA 817) The COMELEC can legally suspend the proclamation of the winning candidate although he received the winning number of votes. 2050 provides that where a complaint is filed after the election but before proclamation.There is no provision in RA 6646 that treats of a situation where the complaint for disqualification is filed after the election. 1997. Mazano. . (Mercado vs. 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 . BP 881) a. 211 SCRA 297). COMELEC. . intervention may be allowed in proceedings for disqualification even after election if there has yet no final judgment rendered. ELECTION PROPAGANDA. COMELEC. if the COMELEC did not suspend his proclamation. they should be counted in favor of the petitioner. enacted June 6. . CAMPAIGN. (Bagatsing vs. (Sec. The use of the word “may”. . in the absence of any lawful ground to deny due course or cancel the certificate of candidacy in order to prevent such proclamation. 307 SCRA 630) Where the votes cast for a nuisance candidate whose disqualification had not yet become final on election day were tallied separately. . Section 3 thereof also provides that the lone candidate so proclaimed shall assume office not earlier than the scheduled election day.(Labo vs. What is made mandatory is the continuation of the trial and hearing of the action. COMELEC. 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. indicates that the suspension of the proclamation is merely directory and permissive in nature and operates to confer discretion. 274 SCRA 481) Under the same provision. published. not more than 2 feet by 3 feet 3 by 8 ft. broadcast or outdoor advertisements donated to the candidate or political party shall be printed.e. 90 minutes for radio 7. C. A. Public exhibition of a movie. Cloth. it shall be identified by the word “airtime for this broadcast was provided free of charge by” followed by the true and correct name and address of the broadcast entity. Campaign period 1. city or municipal officials – not earlier than 75 days before election day B. Lawful propaganda 1. (Sec. RA 9006) 6. stickers and written or printed materials not more than 8 ½ inches by 14 inches 3. Handwritten/printed letters 4. Prohibited Campaign 1. city and municipal officials – 45 days before election day. provincial. It shall be unlawful for any person or any party to engage in election campaign or partisan political activity except during the campaign period. allowed in announcing at the site on the occasion of a public meeting or rally. Paid print advertisements: ¼ page in broadsheets and ½ pages in tabloids thrice 1. 180 minutes for radio / Local Positions: 60 minutes for TV. Congressmen. (Sec. leaflets. 3. Pamphlets. Vice-President and Senators – not earlier than 165 before election date a week per newspaper. President. may be displayed 5 days before the date of rally but shall be removed within 24 hours after said rally. Other forms of election propaganda not prohibited by the Omnibus Election Code and RA 9006.. 4. c. provincial. President. Members of the Civil Service to engage. in any electioneering or partisan political campaign. magazine or other publication during the campaign period. Requirement 2. cinematograph or documentary portraying . and authorized by the COMELEC. posters measuring. Vice-President and Senators – 90 days before election day 2. Such written acceptance shall be attached to the advertising contract and shall be submitted to the COMELEC. 4. 5. 2. cards. decals. Forms 2. Print. Nomination of candidates 1. Broadcast Media(i. broadcast or exhibited without the written acceptance by the said candidate or political party. paper or cardboard. RA 9006) D.” followed by the true and correct name and address of the candidate or party for whose benefit the election propaganda was printed or aired. Congressmen. TV and radio) National Positions: 120 minutes for TV. Any published or printed political matter or broadcast of election propaganda by television or radio for or against a candidate or group of candidates to any public office shall bear and be reasonably legible or audible words “political advertisement paid for.b. If the broadcast is given free or charge by the radio or television station. directly or indirectly. Public utilities and those who exploit natural resources Thus. 2. 89 BP 881) F. Public exhibition of a movie. A denial is appealable to the provincial election supervisor or COMELEC. Bp 881) 9. Rallies 1. or representative to make any contribution for any structure for public use or for use of any religious or civic organization except the normal religious dues and payment for scholarships established and school contributions habitually made before the campaign period. 36 (9). cinematograph or documentary portrayed by an actor or media personality who is himself a candidate. Mass media may report news relating to candidates. on-air . and mass media practitioners may give their opinion regarding candidates. Court of Appeals. Employees in the Civil Service or members of the Armed Forces. 244 SCRA 272) 2. relative within second degree of consanguinity or affinity.\ 2. It is unlawful to give or accept transportation. 4. An application for permit for a rally shall not be denied except on the ground that a prior written application for the same purpose has been approved. reporter. Public or private financial institutions 2. BP 881) 2. Any mass media columnist. suspended or cancelled during the election period.the life or biography of a candidate during campaign period. incentives. 1. 104. No franchise or permit to operate a radio or television shall be granted or issued. Scope 1. 000 by the government or any of its subdivisions or instrumentalities 6. 83 SCRA 633) 3. Schools which received grants of public funds of at least P100. BP 881) G. before election day and on election day. Corporations (sec. 95 . Code) H. (Sec. Corp. where an operator of a public utility disguised a contribution to a candidate for governor as loan. (National Press Club vs. 207 SCRA 1) E. COMELEC. 87. Prohibiting the posting of decals and stickers except in the common posting area authorized by the COMELEC is not valid (Adiong vs. Foreigners (Sec. Prohibited contributions No political contribution shall be made by the following: 1. food. commentator. exemptions or similar privileges by the government 5. drinks or things of value within 5 hours before and after a public rally. 8. COMELEC. his spouse. Prohibited donations It is prohibited for any candidate. announcer. The following guidelines may be amplified on by the COMELEC. Persons granted loans in excess of P25. Equal Access to Media Time and Space All registered parties and bonafide candidates shall have equal access to media time and space . (Sec. (Sec. the promissory note is void: (halili vs. 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. Persons granted franchises. Persons who hold contracts or subcontracts to supply the government with goods and services.000 7. 3. RA 7166) of contributions and 1. RA 7166) J. the election period shall commence 90 days before the day of the day of the election and shall end 30 days thereafter. 9. COMELEC. COMELEC. 331 SCRA 388) a. Limitation on expenses – Sec. 13. BOARD OF ELECTION INSPECTORS (BEI). (Pilar vs. PC] . 14. Statement expenditures a. Effect of withdrawal A candidate who withdraws his certificate of candidacy must still file a statement of contributions and expenditures. Candidates a. b. IX – C. for the law makes no distinction. or shall take a leave of absence from his work as such during the campaign. if so required by their employers. Recall election is an election by means of which voters decide whether they should retain their local official or elect his replacement.[Sec. 2. WATCHERS 1. Perpetual disqualification to hold public office (Sec. Political party and coalition – P5 per voter in the constituency where it has candidates. 000 ii.000 to P30. 3. Subsequent offense i. RA 7166 3. I.correspondent or personality who is a candidate for any elective public office or is a campaign volunteer for or employed or retained in any capacity by any candidate or political party shall be deemed resigned. (Claudio vs. 000 b. Other candidates – P3 per voter in his constituency c Candidate without political party – P5 per voter d. Administrative fine from P2. No persons elected shall assume office until he and his political party has filed the required statements ELECTION PERIOD 2. every candidate and treasurer of political party shall file within 30 days after election day a statement of contributions and expenditures. or certain subdivisions thereof. General election is one provided for by law for the election to offices throughout the State. 13. Art. Filing KINDS OF ELECTION 1. Penalties DATE OF ELECTION Unless otherwise fixed by the COMELEC in special cases. Special Election is one provided for by law to fill vacancy in office before the expiration of the full term for which the incumbent was elected or one fixed by the COMELEC due to postponement or suspension of the election or the failure to elect. (sec. And that any media practitioner who is an official candidate of a political party or member of the campaign staff of a candidate or political party shall not use his media time and space to favor any candidate or political party. First Offense – administrative fine from P 1. 245 SCRA 759) VII. after the expiration of the full term of former officers. Party/organization and coalition participating in the party – list system – P5 per voter 2. ELECTION. President and vice president – P10 per voter b.000 to P60. It is essential to the validity of the election that the voters have notice in some form. place and purpose thereof (Basher vs. Cebu City. 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.The regular election of the President. regular elections for barangay officials shall be held once every five years. (Basher vs. For cities in Metro Manila Area. the regular election for national and local officials is now held simultaneously. COMELEC. except barangay officials. For municipalities in Metro Manila – the COMELEC shall divide them into two districts by baranggay for purposes of electing members of the SB. and 2. 5. In accordance with the constitutional policy to synchronize elections. shall postpone the election therein. . and other analogous cases of such nature that the holding of a free. 2 and 3 of RA 6686. and (3) after the voting and . COMELEC. COMELEC. terrorism. orderly and honest election should become impossible in any political subdivision.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. loss or destruction of election paraphernalia or records. (RA 7166) Under 6679. or even with the agreement of the candidates. Davao City or any other city with two or more legislative district – governed by Secs. since the voters were deprived of the opportunity to vote. whereby all interested parties are afforded equal opportunity to be heard. POSEPONEMENT OF ELECTION When for any serious cause such as violence. VicePresident. BP 881) An election officer alone. ELECTION OF SANGGUNIANG MEMBERS 1.(Pangandaman vs. (2) when the election in any polling place has been suspended before the hour fixed by law for the closure of the voting. (Sec. supra) A petition to postpone elections should be addressed to the COMELEC. 2. For provinces with only one legislative district – the COMELEC shall divide them into districts for purposes of electing the members of the SPn. force majeure. cannot validly postpone or suspend the election. violence. Senators and Members of the House of Representatives and local officials. 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. terrorism. subject to the remedy of review provided for in Art IX – A Section 7. (hassan vs. fraud and other analogous cases. the COMELEC. It should be reasonably close to the date of the election not held. Sec. 3. 264 SCRA 125) FAILURE OF ELECTION 1. of the time. suspended or which resulted in the failure to elect. . COMELEC. 4. either actual or constructive. motu propio or upon a verified petition by any interested party. shall be on the second Monday of May once every three years. 330 SCRA 736). In fixing the date of special elections the COMELEC should see to it that: 1. and after due notice and hearing. For provinces with two or more legislative district the elective members of Sangguniang Panlalawigan (Spn) shall be elected by legislative districts. A special election should be held if the ballot box in the precinct was burned. the ballot boxes were brought to the municipal hall without padlock and seals.January 19. terrorism. COMELEC. 260 SCRA 604) In petitions to declare a failure of election on the ground of fraud. 260 SCRA 494) 9. 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. GR No. COMELEC. (Canicosa vs. April 20. (Balindong vs. theCOMELEC may conduct a technical examination of election documents and compare and analyze the signatures and fingerprints of the voters. since voting took place. (Loong vss. violence. 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. COMELEC.225 SCRA 374) 5. The fact that the names of some registered voters were omitted from the list of voters. Lack of notice of the date and time of the canvass. 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. The fact that less than 25% of the registered voters voted does not constitute failure of election. COMELEC. since it is not a preproclamation case or an election protest. presence of flying voters. The COMELEC may decide a petition to declare a failure of election en banc at the first instance. (Borja vs. or to arrive at any certain result whatsoever. such as disenfranchisement of voters.(Hassan vs. such election results in a failure to elect. (Soliva et al vs. the COMELEC shall hold a special election not earlier than 90 days after the occurrence of the vacancy. In case of permanent vacancy in Congress at least one year before the expiration of the term. (Borja vs. 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. COMELEC. 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.257 SCRA 1) SPECIAL ELECTION TO FILL UP VACANCY 1. COMELEC.2001) 2. 257 SCRA 1) 10. COMELEC. a candidate was credited with less votes than he received. (Mitmug vs. 282 SCRA 512) 8. or that the great body of voters have been prevented by viiolence. 141723. (Benito vs. fraud.264 SCRA 125) 4.260 SCRA 604) 7. COMELEC. and that there was a delay in the delivery of election returns are not grounds for the declaration of failure of election. COMELEC. strangers voted for some of the registered voters. (Loong vs. the control data of some election returns were filled up. and analogous causes.during the preparation and transmission of the election returns or in the custody or canvass thereof. COMELEC.230 SCRA 54) 6. 134913.2001) 3. There is no reglementary period for filing a petition for annulment of an election if there has as yet been no proclamation. . COMELLEC. GR No. Aquino.RA 7166) d. 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. Citizen’s Arm BOARD OF ELECTION INSPECTORS (BEI) The Board of Election Inspectors shall be composed of a chairman and two members.26. Feb. all of whom are public school teachers. or other citizens of known probity and competence may be appointed.2. The chairman of the Board of Election Inspectors should sign each ballot at the back.BP881).346 SCRA 699) 2.(Section 4. Official watchers Every registered party or coalition of parties and every candidate is entitled to one watcher per precinct and canvassing counter.(Sec. RA 8045) VIII. All watchers a. It is unlawful to use carbon paper. (Section 200. (Section 13. Members of the Board of Election Inspectors and their substitutes may vote in the precinct where they are assigned.1959) ABSENTEE VOTING 1. (Section 180. To inform themselves of the proceedings c. (Section 1. teachers in private schools. Six principal watchers from 6 accredited major political parties shall be recognized. 7166) 2. (Gutierrez vs. BP 881) .BP881) 3.283 SCRA 520) Under the rules prevailing during the 1997 Barangay Elections. BP 881) Important rights of watchers 1. The omission of such signature does not affect the validity of the ballot. COMELEC. (Malabaguio vs. BP881) 2. paraffin paper or other means for making a copy of the contents of the ballot or to use any means to identify the ballot. To obtain a certificate of the number of votes cast for each candidate (Section 179. To stay inside the precinct b. 195.(Libanan vs HRET. CASTING OF VOTES If there are not enough public school teachers. RA 6646) WATCHERS Number 1. (Section 26. BP881) 4. To be given a copy of the election return to be used for the conduct of an unofficial count. A vacancy in the Senate will be filled up at the next regular election. Candidates for the local legislature belonging to the same party are entitled collectively to one watcher. Other watchers • The accredited citizen’s arm is entitled to a watcher in every precinct. (Section 169. employees in the civil service. the failure to authenticate the ballots shall no longer be cause for the invalidation thereof. • Other civic organizations may be authorized to appoint one watcher in every precinct. To file a protest against any irregularity 1. 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. A ballot prepared under such circumstances should not be counted. (Section 196. however. Such affidavit shall also state that she/ he has no applied for citizenship in another 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. consulates and other foreign service establishments that have jurisdiction over the locality where they temporarily reside. Qualified citizens of the Philippines abroad who failed to register under Republic Act No. 5. the Commission is hereby authorized to prescribe procedures for overseas absentee registration pursuant to the provisions of Republic Act No. otherwise known as “The Voters Registration Act of 1996”. 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. 8189. or with the representative of the Commission of the Philippine embassies. PNP. – The following shall be disqualified from voting under this Act: a) Those who have lost their Filipino citizenship in accordance with Philippine laws. . upon registration. as verified by the Philippine embassies. – Registration as an overseas absentee voter shall be done in person. unless he/she execute. Subject to guidelines herein provided.2. d) An immigrant or a permanent resident who is recognized as such in the host country. (Section 12. Provided further. SEC. and other government employees assigned in connection with the performance of election duties to places where they are not registered. 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. 8189. 9189 “AN ACT PROVIDING FOR A SYSTEM OF OVERSEAS ABSENTEE VOTING BY QUALIFIED CITIZENS OF THE PHILIPPINES ABROAD” Sec. Disqualification. such disability not having been removed by plenary pardon or amnesty: Provided. 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. e) Any citizen of the Philippines abroad previously declared insane or incompetent by competent authority in the Philippines or abroad. 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. Vpresident and Senators are allowed for members of the AFP. including those who have committed and been found guilty of Disloyalty as define under Article 137 of the Revised Penal Code. 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. RA 7166) RA NO. Absentee voting for President. 6 Personal Overseas Absentee Registration. b) Those who have expressly renounced their Philippine citizenship and who have pledge allegiance to a foreign country. consulates or foreign service establishments concerned. unless such competent authority subsequently certifies that such person is no longer insane or incompetent. including those certified as registered voters. the Election Officer shall immediately forward the application to the Election Registration Board. 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.4 The application shall be approved or disapproved based on the merits of the objection. the Election Officer shall notify the applicant of said objection by registered mail. hearing and annotation in the permanent list of voters. 6. Should the court fail to render a decision within the prescribed period. the applicant or his authorized . In the case of seafarers.whenever applicable. the Commission shall provide for the period within which applications to register must be filed. clearly stating therein facts and defenses sworn before any officer in the host country authorized to administer oaths. 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.3 In the event that an objection to the application is filed prior to or on the date of hearing. 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. The applicant shall have the right to file his counter-affidavit by registered mail.2 If no verified objection to the application is filed. The applicant shall be notified of the approval or disapproval of his/her application by registered mail. 6. 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 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. For succeeding elections. and closing therein copies of affidavits or documents submitted in support of the objection filed with the said Election Officer. counter-affidavit and documents submitted by the party objecting and those of the applicant. The embassies. the Commission shall provide a special mechanism for the time and manner of personal registration taking into consideration the nature of their work. which shall decide on the application within one (1) week from the date of hearing without waiting for the quarterly meeting of the Board.1 Upon receipt of the application for registration. The Commission shall include the approved applications in the National Registry of Absentee Voters. 6. 6. taking into strict consideration the time zones and the various periods and processes herein provided for the proper implementation of this Act. 6. the Election Officer shall immediately set the application for hearing. the ruling of the Election Registration Board shall be considered affirmed. The Election Officer shall immediately furnish a copy of the application to the designated representatives of political parties and other accredited groups. if any. 6. The petition shall be decided within fifteen (15) days after its filing on the basis of the documents submitted in connection therewith.6 If the application has been approved.7 If the application has been approved. have the right to file a petition for inclusion with the proper municipal or metropolitan trial court. Overseas Workers’ Welfare Administration. • Where voting by mail is allowed.8 Requirements for Registration. who have previously registered as voters pursuant to Republic Act No. – Every Filipino registrant shall be required to furnish the following documents: a) A valid Philippine passport. the applicant’s mailing address outside the Philippines where the ballot for absentee voters will be sent.representative shall. or forwarding address in the case of seafarers. Sec. 8189 shall apply for certification as absentee voters and for inclusion in the National Registry of Overseas Absentee Voters. Towards this end.7 and Section 12 hereof. subject to limitations imposed by law. • Address of applicant abroad. Commission on Filipinos Overseas and other appropriate agencies of the government shall be utilized for purposes of supporting the overseas absentee registration and voting processes. Sec. Qualified citizens of the Philippines abroad. Sec. an affidavit declaring the intention to resume actual physical permanent residence in the Philippines not later than three (3) years after approval of his/her registration as an overseas absentee voter under this Act. with a corresponding annotation in the Certified Voter’s List. In the absence of a valid passport. in proper cases. personnel and mechanisms of the various government agencies for purposes of data gathering. or that the applicant is a holder of a valid passport but is unable to produce the same for a valid reason. information dissemination and facilitation of the registration process. The Commission may also require additional data to facilitate registration and recording. Such affidavit shall also state that he/she has not applied for citizenship in another country. – The Commission shall ensure that the benefits of the system of continuing registration are extended to qualified overseas absentee voters. Department of Labor and Employment. within a period of five (5) days from receipt of the notice of this approval. The petition shall be decided within five (5) days after its filing on the basis of documents submitted in connection therewith. In the case of immigrants and permanent residents not otherwise disqualified to vote under this Act. Philippine Overseas Employment Administration. services and mechanisms offered and administered by the Department of Foreign Affairs.- . and • Name and address of applicant’s authorized representative in the Philippines for purposes of Section 6. b) accomplished registration from prescribed by the commission containing the mandatory information: • Last know residence of the applicant in the Philippines before leaving for abroad. the Commission shall optimize the use of existing facilities. NO information other than those necessary to establish the identity and qualification of the applicant shall be required. 11 Procedure for Application to Vote in Absentia. 7. Pre-departure programs. a certification of the Department of Foreign Affairs that it has reviewed the appropriate documents submitted by the applicant and found them sufficient to warrant the issuance of a passport. data validation. System of Continuing Registration. consulate or other foreign service establishment shall transmit to the Commission the said application to vote within five (5) days from receipt thereof. 16. consulate or other foreign service establishment authorized by the Commission.1 Every qualified citizen to the Philippines abroad whose application for registration has been approved. 11. 16. In the event of disapproval of the application. file with the officer of the embassy. but in no case later than one hundred fifty (150) days before the day of elections. The application form shall be accomplished in triplicate and submitted together with the photocopy of his/her overseas absentee voter certificate of registration. 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. they shall cast their ballots anytime within sixty (60) days before the day of elections. including those previously registered under Republic Act No. 8189. 12 .1 Upon receipt by7 the designated officer of the embassy. In the case of seafarers. 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. Sec.11.2 Every application to vote in absentia may be done personally at. In the case of seafarers.3 The overseas absentee voter shall cast his ballot. Immediately upon receiving it.All applications shall be acted upon by the Commission upon receipt thereof. without leaving the premises of the embassies. upon presentation of the absentee voter identification card issued by the Commission. Verification and Approval of Application to Vote. voting instruction. a sworn written application to vote in a form prescribed by the Commission. consulate or foreign service establishment. or by registered mail. in every national election. 16.4 All accomplished ballots received shall be placed unopened inside sealed . the voter or his authorized representative may file a Motion for Reconsideration with the Commission personally. consulate and other foreign service establishments of the ballots for overseas absentee voters. in secret. The decision of the Commission shall be final and executory.2 The overseas absentee voter shall personally accomplish his/her ballot at the embassy.3 Consular and diplomatic rendered in connection with the absentee voting processes shall available at no cost to the absentee voter. the overseas voter must fill-out his/her ballot personally. election forms and other paraphernalia. which has jurisdiction over the country where he/she has indicated his/her address for purposes of th elections.16. casting and Submission of Ballot. services overseas be made overseas Sec. or by mail to the embassy. The authorized officer of such embassy. shall. 11. they shall cast their ballots anytime within sixty (60) days before the day of elections as prescribed in the Implementing Rules and Guidelines. within thirty (30) days before the day of elections. 16. 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. consulates and other Foreign Service establishments concerned. containers and kept in a secure place designated by the Commission. specifically indicating the number of ballots they actually received. 16. and mailed ballots received by the Philippine embassies. who will be deputized to receive ballots and take custody of the same preparatory to their transmittal to the Special Boards of Election Inspectors. 16.1 For the May 2004 elections. or other secured networks in the casting of votes. and in cases where voting by mail is allowed under Section 17 hereof. the Commission shall authorize by voting mail in not more than three (3) countries. 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. including proof of receipt thereof.10 During this phase of the election process.7 Ballots not claimed by the overseas absentee voters at the embassies. 16. and ballots returned to the embassies.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. 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. 16.) Where the mailing system is fairly welldeveloped and secure to prevent occasion for fraud. consulates and other foreign service establishments after the prescribed period shall not b opened. consulates and other foreign service establishments concerned. Voting by Mail. – 17. in the case of voting by mail. and citizens of the Philippines abroad. internet.11 The Commission shall study the use of electronic mail. 16. 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. consulates and other foreign service establishments concerned including their attached agencies. the authorized representatives of political parties.5 The embassies. consulates and other foreign service establishments concerned shall keep a complete record of the ballots for overseas absentee voters. Voting by mail may be allowed in countries that satisfy the following conditions: a. consulates and other foreign service establishments. and accredited citizens’ arms of the Commission shall be notified in writing thereof and shall have the right to witness the proceedings. 16. Sec. and shall be cancelled and shipped to the Commission by the least costly method within six (6) months from the day of elections.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. All envelopes containing the ballots received by the embassies. candidates. 17. the names and addresses of the voters to whom these ballots were sent. . 16.8 Only ballots cast. Shall be cancelled and shipped to the Commission by the least costly method within six (6) months from the day of elections. in case of personal voting. In addition. the embassies. and submit a report thereon to the Joint Congressional Oversight Committee. subject to the approval of the Congressional Oversight Committee. voting by mail in any country shall be allowed only upon review and approval of the Joint Congressional Oversight Committee. 24. with a corresponding report thereon submitted to the Commission not later than thirty (30) days from the day of elections.) Where there exists a technically established identification system that would preclude multiple or proxy voting. or offer to pa. . Sec. to pay. 17.. consulates and other foreign service establishments concerned are adequate and well-secured. Sec.) Where the system of reception and custody of mailed ballots in the embassies. accredited major political parties.b. In the interest of transparency. all necessary and practicable measures shall be adopted to allow representation of the candidates. 24.At all stages of the electoral process. – In addition to the prohibited acts provided by law.3 Only mailed ballots received by the Philippine embassy. for a particular candidate. mutilation and manipulation thereof.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.2 The overseas absentee voter shall send his/her accomplished ballot to the corresponding embassy. the Commission shall ensure that the secrecy and integrity of the ballots are preserved. or period of residence for the purposes of establishing his/her eligibility or ineligibility to register or vote under this act. it shall be unlawful: 24. the election returns including the destruction. 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. Thereafter. 3 For any person to tamper with the ballot. address. 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. or to accept payment either fro application to vote in absentia or for voting. in all stages of the electoral exercise and to prevent any and all forms of fraud and correction. Security Measures to Safeguard the Secrecy and Sanctity of Ballots. provided that the same is received before the close of voting on the day of elections. Prohibited Acts. 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. the mail containing the ballots for overseas absentee voters. and c. and shall be cancelled and disposed of appropriately. Nothing in this Act shall be deemed to prohibit free discussion regarding politics or candidates for public office. All envelopes containing the ballots received by the embassies. and intervene in appropriate cases. He/she shall be entitled to cast his/her ballot at any time upon his/her receipt thereof.1 For any officer or employee of the Philippine government to influence or attempt to influence any person covered by this act to vote. consular or foreign service establishment that has jurisdiction over the country where he/she temporarily resides. The Committees on Absentee Voting of the Commission shall be responsible for ensuring the secrecy and sanctity of the absentee voting process. 17.. consulates and other foreign service establishments after the prescribed period shall not be opened. 24. accredited citizens’ arms and non-government organizations to assist. or not to vote. or. 23. (Section 206.8 For any person who. document or paper as required for purposes of this Act. If on account of violence or similar causes it becomes necessary to transfer the counting of the votes to a safer place. shall be penalized by imprisonment of not less than one (1) year. including participation in the campaign and elections. including members of the attached agencies. to serve or continue serving. IX COUNTING OF VOTES MANNER 1.4 For any person to steal. The Provision of existing laws to the contrary notwithstanding. His/her passport shall be stamped “not allowed to vote”. 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. 24. directly or indirectly through qualified organizations/associations. the offender shall be sentenced to suffer perpetual disqualification to hold public office and deprivation of the right to vote.5 For any deputized agent to refuse without justifiable ground. extension. candidates in the elections. in whatsoever manner. Provided. or to comply with his/her sworn duties after acceptance of his/her appointments. and with due regard to the Principle of Double Criminality. RA 7166) 3.24. distribution of information material. (Section 25. mutilate or alter any record. without securing the prior approval of the Commission. promotion. 24. Immigrants and permanent residents who do not resume residence in the Philippines as stipulated in their affidavit under Section 5 (d) within three (3) years after approval of his/her registration under this Act and yet vote in the next elections contrary to the said section. 24. BP 881) 2. that the penalty or prision mayor in its minimum period shall be imposed upon any person found guilty of Section 24. after being deputized by the Commission to undertake activities in connection with the implementation of this Act. printing. shall be imposed on any person found guilty of committing any set of the prohibited acts as defined I this section. The penalties imposed under Section 264 of the Omnibus Election Code. recall of any member of the foreign service corps. and shall be deemed disqualified as provided in Section 5 (c) of this Act. the prohibited acts described in this section are electoral offenses and punishable in the Philippines. For any person who is not citizen of the Philippines to participate by word or deed. or post the same in website without the prior approval of the Commission.6 For any public officer or employee who shall cause the preparations. If the offender is a public officer or a candidate. the BEI may effect the transfer by unanimous . 24. destroy. the penalty shall be prision mayor in its minimum period. The Board of Election Inspectors shall assume such positions as to provide the watchers and the public unimpeded view of the ballot being read.3 hereof without the benefit of the operation of the Indeterminate Sentence Law.7 For any public employee to cause the transfer. The Board of Election Inspectors shall read the ballots publicly and shall not postpone the count until it is completed. as amended. shall campaign for or assist. conceal. In addition. in any manner and at any stage of the Philippine political process abroad. When the word written is the first name of one candidate and the surname of another candidate. the vote shall not be counted for either. De Leon. Where a commotion resulted in suspension of the counting. 7. It shall be counted. (Section 207. BP811) 1. 6. the BEI may recount the ballots. 3. and the excess ballots shall not be counted. BP881) 2. 9 SCRA 472) • The ballot contains irrelevant expression. (Section 18. (Bacobo vs.(Bautista vs. 101 phil 10) • There were variations in the style of writing • The name of a a candidate was written more than twice • The voter wrote the names of well-known public figures who are not candidates such as actors.191 SCRA 576) d) A ballot in which a sticker was stuck by another person to invalidate it should not be rejected. (Lerias vs.202 SCRA 808) SPECIAL PROBLEMS RULES FOR APPRECIATION OF BALLOTS 1. if accompanied by the name of the candidate does not annul the ballot except when it is used to identify the voter. if there is no other candidate with the same name. Alonzo) c) Evidence aliunde is not necessary to prove a ballot as marked. the vote shall be counted in favor of all the candidates. If there are two or more candidates with the same name and one of them is incumbent. Castro. COMELEC. (Dayag vs. the vote shall be counted in favor of the latter.206 SCRA 305). (Section 209.202 SCRA 808) 2. However. 4. HRET. (Lerias vs.approval of the board and concurrence of a majority of the watchers present. If the ballot contains the first name of one candidate and the surname of another. If only the first name of a candidate is written and it sounds like the surname of another candidate. A ballot in which the first name or surname of a candidate is written should be counted for him. the vote shall be counted for the latter. (Protacto vs. 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. With the same surname. HRET. RA6646) 4. Excess Ballots If there are excess ballots. (Section 211 (13). BP881) 3. the vote shall be counted in favor of the incumbent.206 SCRA 606) . BP881) b) A ballot is considered marked in any of the following cases: • The voter signed the ballot. actresses and national political figures. An incorrectly written name which sounds like the correctly written name of a candidate shall be counted in his favor(Bautista vs Castro. If the BEI finds that a valid ballot was erroneously deposited in the compartment for spoiled ballots. Marked Ballot a) Marked ballots shall not be counted (Section 208. the poll clerk shall draw out as many ballots equal to the excess without seeing them. 5. Spoiled ballots Ballots in the compartment for spoiled ballots are presumed to be spoiled ballots. the use of nicknames and appellations of affection and friendship. (Ferrer vs De Alban. 13. Where a candidate named Pedro Alfonso died on the eve of the election and his daughter Irma Alfonso substituted him. 9. the vote shall not be counted in favor of any of them. 14. (Villarosa vs. it should be counted if the intention to vote for him can be determined. If the word written is the incidental name of two or more candidates for the same office none of whom is incumbent.shall not be counted in his favor.. COMELEC. 10. ballots in which the name Pedro alfonso was written cannot be counted in her favor. HRET. 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. Even if the name of a candidate was written on the wrong space. Under Section 211(19 ) of the OEC. 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. If two or more candidates were voted for in an office for which the law authorizes the election for only one. A ballot in which the correct first name but wrong surname of a candidate is written or the correct surname but wrong first name of a candidate is written . 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. the votes for the candidates whose names were firstly written equal to the number of candidates to be elected shall be counted. (Ong vs.232 SCRA 777) 12. 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.(2) a vote which is illegible. 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. (Afonso vs.Moscardon. 11. and ( 3) a vote which does not sufficiently identify the candidate for whom it is intended.340 SCRA 396) The rule is in favor of the validity of the ballot. the vote is valid for the latter… incorrect spelling of a candidate’s name does not invalidate the ballot—for even the most literate person is bound to commit a mistake in spelling. 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.section 149 of the REC.8. the use of two or more kinds of writing shall be considered innocent and shall not invalidate a ballot. (Cordero vs. provides that unless it should clearly appear that it has been deliberately put by the voter to serve as identification mark.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. 347 SCRA 681) . COMELEC. If the candidate voted for exceed the number of those to be elected. • If a candidate affected by the petition objects and the correction will affect the results of the election. 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. Congressmen b. the COMELEC shall order a recount of the votes. COMELEC. COMELEC. and cannot exercise the judicial power of deciding an election contest. the authorization of the COMELEC is needed to make any correction or alteration. Congress a. • If the petition is by all members of the BEI. Provincial officials 4. shall order the correction. the results of the election will not be affected. vice president 2. CANVASSING AND PROCLAMATION 1. The correction of the manifest mistake in the mathematical addition calls for a mere clerical task on the part of the board. Regional Officials 3. COMELEC a. 285 SCRA 493) 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.The Comelec exercises judgment or discretion to determine whether any given return before it is .CORRECTION OF RETURNS X. 2. City and municipal officials 6. Congressman b. After the announcement of the results in a precinct. Ministerial. Before the announcement of the results of the election in a precinct. President b. if it finds the petition meritorious and the integrity of the ballot box has not been violated (section 216. Congressman b. BP 881) WHAT CONSTITUTE AN ELECTION CANVASSING BODIES 1. any correction or alteration in the election returns must be initialed by all members of the BEI. The remedy is purely administrative. Barangay Board of Canvassers a. (Section 16. the COMELEC. (Tatlonghari vs. Senators b. and none of the candidate affected objects. Barangay officials SUPERVISORY POWER OVER THE BOARD The COMELEC exercises direct supervision and control over the proceedings before the board of canvassers (Mastura vs. Municipal official 5. District Board of Canvassers in each legislative district in Metro Manila a. Quasi-Judicial. NATURE OF CANVASSERS DUTY OF BOARD OF 1.199 SCRA 199) 2. Provincial board of canvassers a.it has only the ministerial task of tallying the votes as reported in the election returns and declare the results. upon being satisfied of the veracity of the petition. City and Municipal Board of Canvassers a. Every registered political party and candidate is entitled to one watcher in the canvassing center.BP 881). BP 881) RIGHTS OF CANDIDATES 1. 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. Since the omission of the election return on the number of votes certain candidates received is not a . after ascertaining the integrity of the ballot has not been violated. a recount of the ballots should be made. signed and thumbmarked by the members of the BEI. the COMELEC shall order the BEI to count the votes for the candidate whose votes were omitted and to complete the return. (Garay vs COMELEC. no dilatory action shall be allowed 3. • If an election return is missing a recount should not be ordered if there is any authentic copy available(Ong vs. BP 881) • A municipal court has no jurisdiction to restrain the municipal board of canvasser. because only election returns are evidence of the results of the election. 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. the board of canvassers shall require the BEI to complete it. Lost return • If any election return has been lost. • The certificate of votes signed by the BEI and tally board cannot be used for the canvass. Problem areas a. 216 SCRA 866) • If all copies of the Election returns were lost. (section 227.234 SCRA 13) 2. 262 SCRA 222) b. upon prior authority of the COMELEC. but candidates for the local legislative bodies belonging to the same party are entitled collectively to one watcher. Any registered political party and candidate has the right to be present and to counsel a. The COMELEC has direct control and supervision over the board of canvassers except congress. (Librados vs. It is not necessary that all the other copies shall be considered. 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. the board of canvassers may use authentic copy of it or a certified copy of it issued by the COMELEC(Section 233. 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. PROCEDURE 1. c.140 SCRA 126) b. Omission in the return • in case of an omission in the election return of the names of a candidate or his votes. • If the votes omitted cannot be ascertained except by recounting the ballots. 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. Casar. COMELEC. Manner of delivery of election Return a.genuine in connection with the canvass of votes.188 SCRA 902) 2. (Quilala vs. Comelec. only one counsel may argue for each party of candidate. It may motu proprio relieve at any time and substitute any member of the board of canvassers. (section 229. COMELEC. COMELEC. the COMELEC. COMELEC. a proclamation may be made upon the order to the COMELEC after notice and hearing. shall order the recount of the ballots.249 SCRA 490) c.(Mastura vs. the COMELEC after ascertaining that the integrity of the ballot box has not been violated. the board shall use the other copies of the election return. after ascertaining that the integrity of the ballot box has not been violated.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.discrepancy. COMELEC. the winning candidate who is sought to be disqualified is entitled to be proclaimed as a matter of law. 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. it should not be counted and a count of the ballot should be ordered.315 SCRA 693) 2.shall order the BEI to recount the votes and prepare a new return. Tampered or falsified return • 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. COMELEC. 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. 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 .Loong vs.249 SCRA 440) PROCLAMATION 1. If the questioned election returns will not affect the result of the election.234 SCRA 280) d. a recount of the vote should be ordered instead of excluding the election return in the canvassing. 6.( Lucero vss. (Patoray vs.224 SCRA631. COMELEC. COMELEC.315 SCRA 693) 7. Filing of pre-proclamation controversy under 2448 of BP881 is not the only grounds for the suspension of proclamation.347 SCRA 633) 4. COMELEC. (Sema vs.265 SCRA 493) • Since an election return prepared without counting the ballots is a fabrication. An incomplete canvass of votes is illegal cannot be a basis of a valid proclamation (Samad vs. • 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 mere filing of a petition for disqualification is not a ground to suspend the proclamation of the winning candidatein the absence of an order suspending proclamation. If there is discrepancy between the tally and the written figures in the election return. COMELEC. • If the certificate of canvass was tampered with.320 SCRA 817) 5. 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 result of the election. (Patoray vs. 3. COMELEC. The proclamation of a winning candidate cannot be annulled if he has not been notified of the motion to set aside his proclamation. (Bagatsing vs CCOMELEC. the COMELEC may order that any of the copies of the election returns be used in making a new canvass. (Caruncho vs. 235 and 236 in relation to the preparation. city and municipal officials d. PHIL CONT”N) 2. Questions involving the legality of the composition or proceeding of the board of canvassers. FAILURE TO ASSUME OFFICE If a candidate fails to take his oath of office within 6 months from his proclamation. (Loreto vs. (section 12.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. The office of pre-proclamation controversy is limited to incomplete. The composition of the proceeding of the board of canvassers is illegal e. except congress. contain material defects.supra) A pre-proclamation controversy is limited to an examination of the election returns on their face. 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.234. JURISDICTION 1. (Chu vs. 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. 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.311 SCRA 694) TIE 1. SCOPE OF CONTROVERSY PRE-PROCLAMATION ISSUES 1. COMELEC. the ties shall be broken by the drawing of lots. his office will be considered vacant. The returns are incomplete. Questions involving the election returns and certificate of canvass should be brought in the first instance before the board of canvassers only (Section 17. receipt.(SEC 15 and 17.The COMELEC as a general rule need not go beyond the face of the returns and investigate alleged election irregularities. 327 SCRA 406) B.(CHU.319 SCRA 482) In pre-proclamation controversy. transmission. custody and appreciation of the election returns. falsified or materially defective returns which appear as such on the face. Definition. Provincial. may be raised initially in the board of canvassers or the COMELEC. the remedy is a regular election protest. Brion. In the case of other positions. or any matter raised under sections 233. RA 7166) C. unless for a cause beyond the control of the elected official. 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. (Sebastian VS COMELEC. . BP 881) XI PRE-PROCLAMATION CASES A. ART VII. appear to be tampered with or falsified or contain discrepancies in the same returns or in other authentic copies. Where the resolution of the issues raised would require the COMELEC to “pierce the veil” of election returns that appear prima facie regular. RA 7166) 2. receipt. iii. Substitute or fraudulent returns were canvassed. The returns were prepared under duress or are obviously manufactured or not authentic.221 SCRA 75) iv. congressmen and barangay officials No pre-proclamation case is allowed regarding the preparation. by evidence dehors the record to be shown to have been committed. (Sandoval vs. Errors in addition in the certificate of canvass may be corrected. senatorial and congressional elections from filing preproclamation case.(Chaves vs COMELEC. There was a mistake in copying the figures into the statement of votes or certificate of canvass. Climaco.211 SCRA 315) ERRORS IN THE CERTIFICATE OF CANVASS Correction of manifest errors has reference to errors in the election returns. 3. g. 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. 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. transmission. custody and appreciation of the election return or certificate of canvass.f. Where the votes cast in 50 precincts for the candidates for senators of one party equalled the number of registered voters. Where only one candidate of a party got all the votes in some precincts and his opponent got zero. RA7166) i. (Sec 15. i. the election returns are statistically improbable and are obviously fabricated. or in the certificate of canvass… a manifest clerical error is one that is visible to the eye or obvious to the understanding. and all the candidates for senators of the opposing party got no votes. The canvassing body may motu proprio or upon petition of an interested party correct manifest errors in the certificate of canvass or election return. (Ramirez vs. While the first sentence of section 15 of RA 7166 prohibits candidates in the presidential. Returns from non-existent precincts were included in the canvass The statement of votes cannot be corrected on the basis of a certification given to a watcher. COMELEC. the other candidates for . (Ong vs COMELEC. Vice presidential. and does not include an error which may. COMELEC. since election returns are what are supposed to be the basis of the canvass. 16 SCRA 175) ii. all the candidates for senators of that party received the same number of votes. ii.320 SCRA 836) 1. (Trinidad vs. President. vice-president. COMELEC. and is apparent from the papers to the eye appraiser and the collector.323 SCRA 403) 2. vice president. senators.270 SCRA 390) STATISTICAL IMPROBABILITIES An election return which is statistically improbable is obviously fabricated and should not be counted. the result of which materially affect the standing of the aggrieved candidate. in the entries of the statement of votes by precinct/per municipality. A copy of an election return or certificate of canvass was tabulated more than once. Two or more copies of the same election return or certificate of canvass were tabulated separately.(Lagumbay vs. 184 SCRA 433) e) The claim that the voters were allowed to vote without verifying their identities.proclamation cases. COMELEC . COMELEC. the claim that some ballots were spurious. 99 SCRA 5892) b) Questions on the appreciation of the ballots can not be raised in preproclamation case.133 SCRA 376) v. (Alfonso vs. (Pataray vs. innocent voters become disenfranchised…The doctrine of statistical improbability involves a question of fact and more prudential approach prohibits its determination ex parte. (Ututahan vs.(Doruelo vs. (Balindong vs. since this is properly cognizable in an election protest.(Salih vs.185 SCRA 86) f) Technical examination of the signatures and thumbprints of the voters to prove substitute voting is not allowed in a preproclamation case. COMELEC. the bare fact that a candidate for public office had receive zero votes in one or two precincts can not adequately support a finding that the subject election returns are statistically improbable.the doctrine of statistical improbability must be viewed restrictively. 21 SCRA 1391)sss iii.the other party for other positions received votes. the election returns are not statistically improbable.COMELEC. COMELEC.(Velayo vs. a) The use of illegal election propaganda. COMELLEC. (Villegas vs. COMELEC. the claim that a candidate was not credited with votes cast for him because his name was similar to that of another disqualified candidate cannot be raised in a pre-proclamation case. marked or invalid cannot be raised in a pre. and third persons falsely voted for voters who did not vote are not proper issues in a pre-proclamation case (Dipatuan vs. 232 SCRA 777)Thus. COMELEC. that there were discrepancies between the signatures in the voter\s affidavits and the voting record. COMELEC.proclamation case. Standing alone without more. since it does not involve the election return.260 SCRA 294) g) The padding of the list of voters cannot be raised in a pre-proclamation case. COMELEC. voting by flying voters.327 SCRA713) ISSUES NOT RESOLVABLE IN PROCLAMATION CONTROVERSY PRE- 1. The mere fact that a candidate receive overwhelming majorities over another candidate in numerous precinct does not make the election return statistically improbable. 31 SCRA71) iv.189 SCRA 335) h) The fact that the voting was sham or minimal is not a ground for filing a preproclamation case. COOOMELEC.279 SCRA 19) . The mere fact that the percentage of turnout of voters was high and that a candidate received high percentage of the votes does not make the election returns statistically improbable.159 SCRA 623) d) Vote buying and secrecy in the preparation of ballots are not proper grounds for pre-proclamation case (Salazar vs. COMELEC. deprivation of the right to vote of registered voters and vote buying cannot be raised in a pre-proclamation case (Allarde vs. Issues involving the casting or the counting of the ballots are not proper in pre.(Chavez vs. (Ilarde vs.325SCRA 636) v.274 SCRA 470) c) Terrorism of voters. the utmost care being taken lest in penalizing the fraudulent and corrupt practices.COKELRC. vote-buying and terrorism of the voters are not proper issues in a pre-proclamation case. (Sangki vs COMELEC. 211 SCRA 315) Likewise. The bare fact that candidate for public office had received zero vote is not enough to make returns statistically improbable (Ocampo vs. the number of votes cast were less than the number of registered voters. with the least possible delay.(Guiao vs /comelec. 246 SCRA 384) 3.Navarro vs COMELEC. 319 SCRA 482) A. absence or excess of detachable coupons. Procedure in case of contested returns 1.i) To look beyond or behind election returns is not a proper issue in pre-proclamation controversy (Ocampo vs. COMELEC. COMELEC.271 SCRA 733) 2. COMELEC. (Baterina vs. (Chu vs.228 SCRA 596) b. All pre-proclamation controversies on election returns or certificates of canvass shall be disposed of summarily-first by the record of canvassers and then. 325 SCRA 636) j) 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.RA 7166) a. although no objection was made during the canvass.170 SCRA 513) SUMMARY DISPOSITION OF PROCLAMATION CONTROVERSY PRE- 1. (Laodenio vs. lack of seals. COMELEC. missing voter’s lists are mere administrative omissions and cannot be used as basis to annul an election return.(Velayo vs. absence of time and date of receipt of election return by the board of canvassers. signifying that the power may be exercised without trial in the ordinary manner prescribed by law for regular judicial proceedings. COMELEC.(Section 19 RA 7166) B. it should not be excluded (Salvacion vs. 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. 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. lack of signature of watchers of the petitioner. a petition for correction of the statement of votes may be filed after the proclamation of the winner. and the lack of authority of the person who received the election returns do not affect the authenticity of the returns.137 SCRA 356. (Velayo vs.205 SCRA 1) b) The absence of the signature of the claimant of the BEI on the voter’s affidavits.327 SCRA 713) 3. COMELEC. 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). as error was discovered only after the petitioner got a . An objection made after the canvass is late.372 SCRA 713) 2. HRET. Administrative lapses which do not affect the authenticity of an election return cannot serve as basis for annulling the election return. By the COMELEC. (Arroyo vs. a) The failure to close the entries in the election returns with the signature of the BEI. (Matalam vs. discrepancies between the member of detachable coupons and the number of ballots.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. COMELEC.Comelec. Where the threats of the followers of a candidate did not affect the genuineness of an election return. list of voters and voting records. as these are irregularities that do not appear on the face of the election returns. since it must be raised immediately. Summary proceedings cannot be stretched to mean ex parte proceeding- summary simply means with dispatch. RA 7166) 6. COMELEC. 4. (Duremdes vs. COMELEC. The COMELEC shall decide the appeal within 7 days from receipt of the records. It does not apply if the proclamation is void. (Benito vs. Within 24 hours he must file a written and verified notice of appeal with the board of canvassers and take his appeal to the COMELEC within 5 days.250 SCRA 298) 2. However this rule presupposes the proclamation is valid. RA 7166) TERMINATION CASE OF PRE-PROCLAMATION Once a proclamation has been made. (Sections 18 and 20(f). a party may file a written opposition and attach the supporting evidence.(Cabanero vs CA) The RTC has no jurisdiction to compel the municipal board of canvassers.(Section 20c.(Section 5(b). Rule 27 of COMELEC rules of procedure) However. COMELEC). (Castromayor vs.copy of the statement of votes.(Sardea vs. The canvass of any contested return shall be deferred and the board of canvasser shall proceed to canvass the uncontested return (Section 20(b). a late appeal should be allowed. (In re COMELEC Resolution no. and the decision shall be executory after 7 days from receipt by the losing party. the five-day deadline is not applicable to a petition for the annulment of proclamation of a candidate when it was his opponent who obtained the majority for what was corrected was not the entries but the computation of the votes. A party who intends to appeal should immediately inform the board of canvassers. because it was . RA 7166) 5. COMELLEC. CCOMELLEC. to make a proclamation. a petition for correction of the certificate of canvass may be filed even before the proclamation of the winner.178 SCRA 746).235 SCRAS 436) The COMELEC cannot by regulation shorten the period to question its decision before the SC for under the Constitution the period of 30 days can be shortened by law only.2521. (section 20(f).242 SCRA273) A petition for correction of manifest errors in the statement of votes can be decided by the COMELEC en banc at the first instance. Within 24 hours. (Mentang vs.RA 7166) a. (Bince vs. Within 24 hours after presentation of the objection. which suspended the proclamation because of a possible discrepancy in the election return. Comelec. COMELEC. The board of canvassers shall summarily rule in the contested returns (Section 20(d).270 SCRA 590) The COMELEC has the power to order the correction of the statement of votes to make it conform to the election returns. Appellate jurisdiction The RTC has NO jurisdiction to review the decision of the municipal board of canvassers to correct a certificate of canvass.RA 7166) 3. since it does not involve an election protest or a pre-proclamation case (Ramirez vs. Period of appeal Since the proclamation of a candidate who finished second made after the candidate who got the highest number of votes was killed is patently void. It must be filed not later than 5 days after the proclamation. COMELEC.234 SCRA 1) b. the pre-proclamation case is no longer viable and should be dismissed (Sardea vs. the objecting party shall submit evidence in support of the objections.229 SCRA 666) Under the COMELEC Rules of procedure.225 SCRA 374) 7. As a general rule. RA 7166) PROCLAMATION 1. COMELEC. CONTINUANCE OF THE CASE If the petition appears meritorious on the basis of the evidence presented so far.283 SCRA 349) 2.331 SCRA 473) 2.230 SCRA 54) ii. RA 7166) 4.186 SCRA 464). if he did not explain why. without prejudice to the filing of an election protest by the aggrieved party. since he was not the choice of the people. COMELEC. (Section 20 (i). the COMELEC or the SC may order the case to continue.224 SCRA 631) (Saman vs.288 SCRA 76) ANNULMENT OF PROCLAMATION . The same holds true if the returns were manufactured. and the rulings of the board of canvassers shall be deemed affirmed. The board of canvassers was improperly constituted. the filing of an election protest or a petition for quo warranto precludes the subsequent filing of a preproclamation controversy. The COMELEC may order the proclamation of other winning candidates whose election will not be affected by the pre-proclamation case. (Matalam vss. (Sunga vs. The Board of Canvassers shall not make any proclamation without any authorization from the COMELEC (Jamil vs COMELEC. 23335 SCRA 436) 5. COMELEC. or amounts to the abandonment of one earlier filed. The protest was filed as a precautionary measure (Mitmug vs.229 SCRA 669) All pre-proclamation cases pending before the COMELEC shall be terminated at the beginning of the term of the office (noon of June 30) involved. (Penaflorida vs. COMELEC. (Benito vs. COMELEC. The same hols true where the computation of votes was erroneous. COMELEC.282 SCRA 241 And Barroso vs Ampig. as when the Municipal Treasurer took over the canvassing without having been designated. The wreath of victory cannot be transferred from the disqualified winner to the repudiated loser because the law then as now only authorizes a declaration of election in favor of the person who has obtained a plurality of votes to be declared elected. COMELEC. Proclamation may be made if the contested returns will not adversely affect the results of the elections. (Section 21.(Laodenio vs. COMELEC.328 SCRA 530) The pre-proclamation case should no longer be decided if exclusion of the questioned election return will not change the result of the election. COMELEC. COMELEC 271 SCRA 733). The filing of an election protest results in abandonment of a pre-proclamation case even if the protest alleged it was filed as a precautionary measure.271 SCRA 733) EFFECT OF FILING AN PROTEST. A candidate for mayor who finished second cannot be proclaimed simply because the candidate who received the highest number of votes died.276 SCRA 405) 3.QUO WARRANTO ELECTION 1. The rule that the filing of a protest implies abandonment of the preproclamation case does not apply if: i.(Matalam vs. COMELEC. (Maruhom vs. RA 7166) 3. (Mentang vs. (Section 16.based on incomplete returns. (Agbayani vs. and Municipal Trial Court • Barangay Officials [ Sec 2(2). during or after the casting and counting of votes iii. 126 SCRA 342] • Sangguniang Kabataan ( Sec 1. the expedient action to take is to direct the Municipal Board of Canvassers to reconvene and. PC. • President • Vice-President ( Sec. 230 SCRA 469) 6) Metropolitan Trial Court. 213 SCRA 807) 4) Commission on Elections • Regional Officials • Provincial Officials • City Officials ( Sec 2(2). PC. COMELEC.332 SCRA 757) 3. . On ground of fraud.(Torres vs. proclaim the winning candidate or candidates as members of the Sangguniang Bayan( Angelia vs.270 SCRA 583) 2. Where the COMELEC. BP 881. (Lonzanida vs. Sampayan vs. 311 SRA 602) ELECTION CONTESTS A. without prior notice and hearing. Daza. Papandayan vs. on the basis thereof. Sec 249 BP 881) 5) Regional Trial Court • Municipal Officials ( Sec 2(2). Const) 2) Senate Electoral tribunal • Senators (Sec 17. ii. Art VII. Art VI. Art IX-C. Cleto. Art IX-C. Jurisdiction 1) Supreme Court (Presidential Electoral Tribunal) 1. PC. Art IX-C. Regatcho vs. Sec 251. It is improper for the COMELEC to annul the proclamation of a winning candidate on the basis of new and additional evidence which were not presented before the Board of Canvasssers and which were not furnished to the said candidate… Reliance should not be placed on mere affidavits for the purpose of annulling a winning candidate’s proclamation. COMELEC. Must be filed by any candidate who has filed a certificate of candidacy and has been voted upon for the same office. PC) 3) House Tribunal of Representatives Electoral • Congressmen ( Sec 17.1. after notice and hearing in accordance with rule 27. 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. Action which may be filed i. COMELEC . annulled the proclamation of a winning party and directed the Municipal Board of Canvassers to reconvene and effect corrections in the total number of votes received by the candidates and thereafter proclaim the winner. 4. section 7 of the COMELEC Rules of Procedure. 327 SCRA 713) 4. PC. in the election returns and. COMELEC. Phil. RA 7166) B. terrorism. Within 10 days from the proclamation of the results of the election. to effect the necessary correction. Election Protest Requisites: i. COMELEC. The COMELEC can annul a proclamation because of an error in the computation of the votes in the statement of votes since the proclamation is void. Sec 252 BP 881. irregularities or illegal acts committed before. Municipal Circuit Trial Court. (Velayo vs. Art VI. if any. (Sec 248. Rules of Presidential Electoral Tribunal) ii. Periods i. Within 10 days from the proclamation of the results of the election C Procedure 1. Republic vs. SCRA 208) ii. Filed by any registered voter in the constituency ii. Regional. BP 881. Sangguniang Kabataan. BP 881) vi. Period of filing contest a. Quo Warranto Requisites: i. the period does not run until receipt of the dismissal by the Supreme Court. BP 881.ii. Where the evidence of the lack of Filipino citizenship of a provincial official was discovered only 18 months after his proclamation.10 days ( Secs 251 and 253. The period to file an election protest or quo warranto case is suspended from the filing of a pre-proclamation case until receipt of the order dismissing the case. Rules of Presidential Electoral Tribunal) ii. RA 7808) b. Quo Warranto.10 days ( Sec 1. ( Roquero vs COMELEC . Barangay Officials – 10 days ( Sec 252 and 253. Protest. 174 SCRA 245) 2. ( Roquero vs COMELEC . The period to file an election protest is suspended by the filing of the petition to annul the proclamation of the winner (Manahan vs Bernardo. 289 SCRA 150) vi. only the balance of the period is in case of dismissal. because review by the Supreme Court is part of the proceeding. Quo Warranto. Rules of Presidential Electoral Tribunal) 2) Quo Warranto. 1998 Rules of House of Representatives Electoral Tribunal) . Revised Rules of Senate Electoral Tribunal) 2) Quo Warranto – 10 days ( Rule 15.Any voter ( Rule 17.any voter ( Rule 15. BP 881) vii. Municipal Officials. Revised Rules of Senate Electoral Tribunal) iii. Senators 1) Protest – 15 days ( Rule 14. 283 SCRA 505) v. Quo Warranto.(Gallardo vs Rimando. President and Vice-President 1) Protest. If the dismissal was elevated to the Supreme Court .Candidate with second or third highest number of votes ( Rule 14. ( Frivaldo vs COMELEC . Protest. Protestant or Petitioner President and Vice-President i. Gatchalian vs CA . The running of the reglementary period to file an election protest is tolled by a party’s elevation to the Supreme Court of a COMELEC decision resolution of proclamation case. the quo warranto case should be allowed even if it filed more than 10 days after his proclamation. protest. 1998 Rules of Senate Electoral Tribunal) Congressmen i. 187 SCRA 463) iii. provincial and city officials-10 days ( Sec 250 and 253.any candidate ( Rule 14. Since the filing of a pre-proclamation case merely suspends the running of the period to file an election protest. 232 SCRA 78) v. Revised Rules of Senate Electoral Tribunal) ii.any candidate ii.30 days ( Rule 14. Congressmen.10 days ( Rule 15. On grounds of ineligibility or disloyalty to the Republic of the Philippines iii. Exceptions i. 289 SCRA 120) iv. Dela Rosa.any voter ( Rule 15.1998 Rules of House of Representatives Electoral Tribunal) iv.10 days ( Rule 16 and 17. Rules of Presidential Electoral Tribunal) Senator i. Quo Warranto. provincial. the protest should not be dismissed.any voter ( Sec 253. Thus the following allegations sufficiently comply with the first requirement. Protest. as when the protest was filed on the tenth from the date the casting of votes was held.( Sec 252. 881) ii. Protest.Regional. • The protestant received a certain number of votes ( Anis vs Contreras.any voter ( Sec 253. 881) BP BP BP Bp 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 .any candidate ( Sec 250. 881) Barangay Officials i. Quo Warranto. 270 SCRA 340) • Substantial compliance is sufficient .any candidate. ( Macias 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. ( Domingo vs COMELEC. 80 Phil 506) • The protestant was a candidate voted for in the election with a valid certificate of candidacy for mayor ( Pamania vs Pilapil. Quo Warranto. it can be determined from the records of the case that it was filed on time. 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. BP 881) ii.any candidate. 94 Phil 266) • The protestant was the official candidate of a [particular political party and received a certain number of votes ( Maquinay vs Bleza. 121 SCRA 466) • An election protest which does not specify the precinct where the alleged irregularities occurred is fatally defective . City Officials i. 04-94 does not distinguish ( Loyola vs CA 245 SCRA .( Sec 251 . ( Soller vs COMELEC. 182 SCRA 137) • Even if the protest did not allege the date of the proclamation. (Pena vs HRET . ( Gatchalian vs CA. 81 Phil 212) • The protestant was one of the registered candidates voted for and he received a certain number of votes ( Jalandoni vs Sarcon. 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. BP 881) Municipal Officials i. said petition lacks proper verification and should be treated an unsigned pleading and must be dismissed. the election protest should be dismissed. 55 Phil 929) • The protestant finished second in the election ( Ali vs CFI of Lanao. (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 . 100 SCRA 702) • The protestant was a candidate for governor and was voted for.any voter ( Sec 253. Protest. 881) ii. 328 SCRA 530) Joinder of Election Warranto Cases Protest and Quo • An election protest and quo warranto case cannot be filed jointly in the same proceeding. 269 SCRA 624) • SC Adm. Until the case is decided against him. 1957). they can be filed separately. 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 . GR No L10916. ( Aruelo vs CA. is clothed with public interest--. they should be ordered separated. 229 SCRA 90) A counter protest cannot be allowed if the answer was filed out of time ( Lim vs COMELEC. ( Barroso vs Ampig Jr.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. Tamarong vs Lubguban. 231 SCRA 57) Injunction A protestee cannot be enjoined from assuming office because of the pendency of an election protest. ( Luisaon vs Garcia . 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. 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. the rule in civil cases that general denials operates as an admission is not applicable ( Loyola vs HRET. since the COMELEC Rules of Procedure are not applicable to the regular courts because of the exclusive rule-making power of the Supreme Court. An election contest. unlike an ordinary civil action . ( Pacal vs Ramos. 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. May 10. he has the right to . as only the ineligibility or disloyalty of the winner can be raised in such case ( Samad vs COMELEC. ( Tumarong. Circular No 04-94 requiring a certification of non-forum shopping is applicable to election cases as it is mandatory .477. 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. however not jurisdictional. 227 SCRA 311) 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. It is. If they were joined in an action . 282 SCRA 53) 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.. However. as a favorable judgement will be entitled the protestant to assume the office ( Delos Angeles vs Rodriguez. The ballot boxes should be opened without requiring proof of irregularities. ( De Castro vs COMELEC 267 SCRA 806) 14. 260 SCRA 503) Substitution 17. 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. ( Careno vs Dictado. he should be substituted by the public official who would have succeeded him. and misappreciation of ballots ( Manahan vs Bernardo. he should be substituted by his successor such as the vice-mayor ( Dela Victoria vs COMELEC. Evidence The genuineness of the handwriting in the ballots can be determined without calling handwriting experts. 236 SCRA 60) A protestee cannot ask that before making the revision of the ballots involved in his counter-protest. 293 SCRA 578) 19. as they are not the best evidence ( Nazareno vs COMELEC 279 SCRA 89) . GR No 13206. such as the vice-mayor. 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. since public office cannot be inherited. Certiorari Under Sec 50 of BP 697. 160 SCRA 759) Manila ( Cabagnot vs COMELEC. ( Acosta vs COMELEC. 253 SCRA 559) 15. 46 Phil 599) The same holds true if the protestee accepted another position ( Calvo vs Maramba. 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 photocopies. 243 SCRA 690. 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. 1918) b. the COMELEC cannot affirm the decision of the merits in the election protest. 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. Opening of Ballots When an election protest is filed. 236 SCRA 60) c. as summary judgment applies only to ordinary civil action for recovery of money (199 SCRA 449) 16. If it is the protestant who died. 199 SCRA 561) He cannot be substituted by his heirs. If the protestee died. ( Erni vs COMELEC. 283 SCRA 505) The revision of ballots in an election protest filed with COMELEC should be held in 18. the protest should continue . ( Abeja vs Tanada. Summary Judgment An election protest cannot be decided summarly. Even if the protestee has resigned .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.assume office. Deferment of Counter Protest a. January 7. (Camlian vs COMELEC 271 . The Supreme Court has explicitly recognized and given approval to execution of judgment pending appeal in election cases filed under existing laws. par 1 of BP 881. If the winner is ineligible. Execution of Judgment Pending Appeal BP 881 and other election laws do not specifically provide for the execution pending appeal for judgment in election cases. 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. The failure of the extant election laws to reproduce Sec 218 of the Election Code of 1971 does not mean that the execution of judgment pending appeal is no longer available in election cases…. Actual damages may be awarded in accordance with the law (Sec 259. Public interest involved or will of the electorate ii. 288 SCRA 76) c. 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. Execution pending appeal should be based upon good reasons and a combination of two or more of them will suffice to grant execution pending appeal: i. Decision a. as amended . Demurrer A motion to dismiss for insufficiency of the evidence of the protestant has rested is a demurrer to the evidence. Rule 39 of the 1997 Rules of Civil procedure. 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. The rationale why execution pending appeal is allowed in election cases is to give much recognition to the worth of a trial judge’s decision as that which is initially ascribed by the law to the proclamation by the board of canvassers. If it was granted but reversed on appeal . 283 SCRA 229) 21. Under Sec 264. Filing of bond as a condition for the issuance of a corresponding writ of execution to answer for the payment of damages which the aggrieved party may suffer by reason of the execution pending appeal (Ramos vs COMELEC 286 SCRA 189) • Execution pending appeal cannot be ordered on the basis of gratuitous allegations that public interest is involved and that the appeal is dilatory.20. authentic election return cannot be annulled because the ballots were lost or destroyed (Arroyo vs HRET 246 SCRA 384) b. 271 SCRA 757) A motion for execution pending appeal filed after the expiration of the period of appeal . Length of time that the election contest has been pending ( Ferno vs COMELEC 328 SCRA 52) iv. the protestee is deemed to have the right to present evidence ( Enojas vs COMELEC. 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. unlike the Election Code of 1971…. The shortness of the remaining portion of the term of the contested office iii. Governed by Sec 2. order. resolution. (Angela vs COMELEC .10 days ( Rule 74. Lindo vs COMELEC. Form Where the appellant filed an appeal brief instead of a notice of appeal to the COMELEC. BP 881. 211 SCRA 907) However this rule should not be applied to the dismissal of an election protest for failure of the counsel of the protestant to appear at the pre-trial. Provincial and City Officials – 5 days ( Sec 2. provincial. Regional. 1998 Rules of HRET) v. Rule 37 and Sec 12. Jurisdiction i. Vice-President.Art IXC. Congressmen. Barangay Officials • COMELEC within 5 days (Sec 2(2) . Motion for Reconsideration a.10 days ( Rule 64. Rule 37 and Sec 12 Rule 38. Rule 38 COMELEC Rules of Procedure) iii. the appeal should not be dismissed.10 days ii. 232 SCRA ) ii.10 days ( Rule 65. Sangguniang Kabataan ( Sec 19. Congressmen. 194 SCRA 25) • Supreme Court . Sec 3 Rule 22 of COMELEC Rules of Procedure. No motion for reconsideration is allowed in election contests involving the following: i. Senator. Regional. Municipal Officials • COMELEC within 5 days ( Sec 22 RA 7166. Phil Const. therefore any party who disagrees with it is to file a petition for certiorariunder Rule 65 of the Rules of Civil procedure – a motion for reconsideration of an en banc ruling. Sec 4. Barangay Officials ( Sec 19. One motion for reconsideration is allowed in the contest involving the following: i. Calucag vs COMELEC 274 SCRA 405) • Supreme Court within 30 days ( Flores vs COMELEC 184 SCRA 484) b. since the pre-trial is not applicable to the election protest. a party who did not file for a motion for reconsideration of a decision of a division of the COMELEC cannot elevate the case to the Supreme Court (Reyes vs RTC of Oriental Mindoro. Municipal officials (Sec 256. Rule 19 COMELEC Rules of Procedure) b. Rule 22 COMELEC Rules of Procedure. 230 SCRA 205) . Art IX-A Phil Const) iv. Rule 65 Rules of Court) ii. Senator. or decision except in election offense cases is a prohibited pleading under the COMELEC Rules of Procedure. COMELEC Rules of Procedure) c. A resolution of the COMELEC en banc is not subject to reconsideration. (Pangilinan vs De Ocampo. 244 SCRA 41) d. Veloria vs COMELEC. President. Since only decisions of the COMELEC en banc may be elevated to the Supreme Court . Rules of Presidential Electoral Tribunal) iii. For a party to wait until the COMELEC en banc denies his motion for reconsideration would be to allow the reglementary period for filing a petition for certiorari with the SC to run and expire.can no longer be granted ( Relampagos vs Cumba 243 SCRA 690) 23. since the determination of the will of the people should not be thwarted of technicalities (Pahilan vs Tabalba. and City officials – Supreme Court within 30 days ( Sec 7. Rules of Senate Electoral Tribunal) iv.within 30 days ( Rivera vs COMELEC 199 SCRA 178) v. Sec 3. Review a.Supreme Court within 60 days ( Lerias vs HRET.Supreme Court within 60 days ( Sec 4. Rule 65 Rules of Court) iii. 322 SCRA 757) 24. c. as payment of the full amount is indispensable for perfection of the appeal (Rodillas vs COMELEC. Jurisdiction to try the case The expanded jurisdiction of the Municipal Trail Court ( RA 7691) does not include criminal cases involving election offenses. Appointment of New Employees The prohibition against appointment of a government employee within 45 days before regular election refers to positions covered by the civil service and does not apply to . 2) Its electoral aspect is a determination of whether the offender should be qualified from office. Vote-buying a. 244 SCRA 41) ii. 1. Criminal and Electorate Aspects of An Election Offense An election offense has criminal as well as electoral aspects ( Sunga vs COMELEC 288 SCRA 76) 1) Its criminal aspect involves the ascertainment of the guilt or innocence of the accused candidate like in any other criminal case. 285 SCRA 256) 2. The traditional gift-giving by the municipality during Christmas which was done to induce voters for the mayor does not constitute vote-buying ( Lozano vs Martinez. B. it usually entails a full-blown hearing and the quantum of proof required to secure a conviction beyond reasonable doubt. The fact that at least 20% of the precincts of the municipality. leaders or sympathizers of a candidate to promote his election shall create a presumption of conspiracy to bribe voters. c. An appeal may be dismissed for failure of the appellant to pay the appellate docket fee (Reyes vs RTC of Oriental Mindoro. Any person who is guilty and willingly testifies shall be exempt from prosecution ( Sec 28. The fact that at least one voter in at least 20% of the precincts in a municipality . b.. Failure to Pay Appellate Docket Fee i. RA 6646) d. Scope of Authority C. 245 SCRA 702) because by special provision of Sec 268 of BP 881 they fall within the jurisdiction of the Regional Trial Court (COMELEC vs Noynay 292 SCRA 354) Under Sec 268 of BP 881. city or province to which the office aspired for by the candidate is affected by the offer creates the presumption that the candidate and his campaign managers are involved in the conspiracy. This is done through administrative proceeding which is summary in character and requires only a clear preponderance of evidence. CRIMINAL OFFENSES A. city or province was offered money by the relatives. but except those relating to the offense of failure to vote ( Juan vs People 322 SCRA 125) d. Offenses Errors committed by the trial court may be considered even if they were not assigned as errors (Arao vs COMELEC 210 SCRA 290) XIII. regional trial courts have exclusive jurisdiction to try and decide any criminal action or proceeding for violation of the Code including those penalized by imprisonment not exceeding 6 years. An appeal may be dismissed if the full appellate docket fee was not paid . or on its own initiative. Prosecution Two elements of the offense prescribed under Sec 261 (h) of BP 881. 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.. COMELEC. are penalized i. and second.e. 247 SCRA 328) D.” 2. Failure to make Proclamation Proclaiming a losing candidate instead of the winner also constitutes failure to make a proclamation (Agujetas vs CA 261 SCRA 17) 1. Transfers of Government Employees 7. Refusing to credit candidate with vote Under section 27(b) of RA 6646.the replacement of a councilor who died ( Ong vd Martinez. including acts or omissions constituting election frauds. Lavilles. Section 2(6). even if he himself were the complainant in his private capacity… . the complaint shall be referred to the COMELEC Law Department for investigation. the refusal. investigate and. it is necessary that the deadly weapon be seized from the accused while he was in precinct (Mappala vs Munoz 240 SCRA 600) 6. Whatever initiated motu propio or filed with the COMELEC by any other party. offenses. upon a verified complaint. two act not one. This holds true even if the offense is committed by a public officer in relation to his office.Art IX-C “File. Unauthorized Entry into Polling Place Mere presence of unauthorized person inside a polling place is an offense ( COMELEC vs Romillo.(Corpuz vs. 158 SCRA 716) 4. Carrying Deadly Weapon in Precinct To support a conviction carrying a deadly weapon inside a precinct. 188 SCRA 830) 3. and malpractices. ( People vs Reyes. first. The COMELEC Chairman. increasing or decreasing of votes received by a candidate in any election. the transfer of government employees before the publication of the implementing regulations is not an election offense. prosecute cases of violations of election laws. after proper verification and hearing to credit the correct votes or deduct such tampered votes.289 SCRA 586) Since the Omnibus Election Code does not per se prohibit the transfer of government employees during the election period but only penalizes such transfers made without the prior approval of the COMELEC in accordance with the implementing regulations.(Pimentel vs. where appropriate. Tanodbayan. the tampering. Rule 34 of the COMELEC Rules of Procedure. in his personal capacity may file directly with the COMELEC Law Department pursuant to Section 4. petitions in court for inclusion or exclusion of voters. 149 SCRA 2281) 3. as amended are: (1) a public officer or employee is transferred or detailed within the election period as fixed by the COMELEC. and (2) the transfer or detail was effected without prior approval of the COMELEC in accordance with its implementing rules and regulations (Regalado vs CA 325 SCRA 516) The COMELEC has exclusive jurisdiction to conduct preliminary investigation of and prosecute election offenses (Naldaza vs.254 SCRA 286) 5. RTC Manila Br 10.187 SCRA 788) The COMELEC can deputize prosecutors to investigate and prosecute offenses even after election. 323 SCRA 778) 4. Vs. Vs. (Pp. Basilla.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 Department… Under Section 5 of Rule 34 of the COMELEC Rules of Procedure. Presiding Judge. COMELEC. Ssilva. A provincial election supervisor authorized to conduct a preliminary investigation may file a case without need of approval of the provincial prosecutor. Delgado. since the power to prosecute election offenses is vested in the COMELEC.286 SCRA 177) . 189 SCRA 715) A prosecutor who was deputized by the COMELEC cannot oppose the appeal filed by the COMELEC from the dismissal of a case.280 SCRA 8920 The court in which a criminal case was filed may order the COMELEC to order a reinvestigation.(COMELEC vs.179 SCRA 87) Since it is a preliminary investigation. it is the COMELEC who will determine the existence of probable cause. (Pp. the preliminary investigation may be delegated to any of those officials specified in the rule upon the direction of the COMELEC Chairman (Laurel vs. (Pp. Inting. the complainant cannot ask it to gather evidence in support of the complaint. Vs. (Kilosbayan Inc vs.