What is an Election Protest?

An election protest is a contest between the defeated and winning candidates on the ground of frauds and irregularities in the casting andcounting of the ballots, or in the preparation of the returns. It raises the question of who actually obtained the plurality of the legal votes andtherefore is entitled to hold the office (Samad v. Comelec 224 SCRA 631 [1993]). What is the purpose of an Election Protest? The purpose of an election protest is to ascertain whether thecandidate proclaimed elected by the board of canvassers is really thelawful choice of the electorate (De Castro vs. Ginete, 27 SCRA 623 [1969]). What are the grounds for an Election Protest? The following are the grounds for filing an Election Protest: Fraud Terrorism Irregularities; or Illegal acts, committed before, during or after the casting andcounting of votes. According to the Omnibus Election Code (BP Blg. 881), any candidate who has duly filed a certificate of candidacy and has beenvoted for the same office may file an election protest against thecandidate proclaimed elected. However, as per COMELEC Resolution No. 8804, only the candidate who received the second or third highestnumber of votes (in a single slot position) or, was among the next fourcandidates (in a multi-slot position) following the last ranked winner duly proclaimed, may file an election protest (Rule 6, Section 2). Rule 3: Coverage of Pre-Proclamation Controversies Section 1. Pre-Proclamation Controversy. - A preproclamation controversy refers to the proceedings of the board of canvassers which may be raised by any candidates or by any registered political party or coalitionof political parties, or by any accredited and participatingparty list group, before the board or directly with theCommission. It covers only two issues: a. Illegal composition of the Board of Canvassers (BOC); b. Illegal proceedings of the BOC. The basis of the canvass shall be electronically transmittedresults.

Section 2. Jurisdiction of the Commission in PreProclamation Controversies. - COMELEC has exclusive jurisdiction in pre-proclamation controversies arising fromnational, regional pr local elections. A pre-proclamation controversy may be raised by any candidate or by any registered political party, organization,or coalition of political parties before the BOC, or directly with the Commission. Issues affecting the composition or proceedings of the Boards may be initiated by filing a verified petition beforethe Board or directly with the Commission. If the petition is filed directly with the Board, its decisionmay be appealed to the Commission within three (3) daysfrom issuance thereof. However, if commenced directlywith the Commission, the verified petition shall be filedimmediately when the board begins to act illegally, or atthe time of the appointment of the member of the board whose capacity to sit as such is objected to. Section 3. Rights of Political Parties and Candidates Before the Board of Canvassers in PreProclamation Cases. a) All registered political parties, organizations, or coalitions of political parties, and accredited citizens arms, and candidates, have the right to be present and tobe represented by counsel during the canvass of electionreturns, or certificates of canvass. b) Only one counsel may argue for each registered political party, organization, or coalition of political parties,accredited citizens arm or candidate. c) No dilatory action shall be allowed by the BOC. It mayimpose time limits for oral arguments. d) All registered political parties, organizations, or coalitions of political parties, and candidates, are entitledto obtain a copy of the Statement of Votes per precinctand a copy of the certificate of canvass duly authenticatedby the BOC. Rule 4: Illegal Composition or Proceedings of the Board of Canvassers

Section 1. Illegal Composition of the Board of Canvassers. - There is illegal composition of the BOC when, among other similar circumstances, any of the members do not possess legal qualifications and appointments. The information technology capable person required to assistthe BOC by Republic Act No. 9369 shall be includedas among those whose lack of qualifications may be questioned. 25Annex Section 2. Illegal Proceedings of the Board of Canvassers. - There is illegal proceedings of the BOC when the canvassing is a sham or mere ceremony, the results of which are pre-determined and manipulated as when anyof the following circumstances are present: a) precipitate canvassing; b) terrorism; c) lack of sufficient notice to the members of the BOCs; d) Improper venue Section 3. Where and How Commenced. Questions affecting the composition or proceedings of the BOC maybe initiated in the BOC or directly with the Commission,with a verified petition, clearly stating the specific ground/sfor the illegality of the composition and/or proceedings ofthe board. Section 4. When to File Petition. - The petition questioningthe illegality, or the composition and/or proceedings of theBOC shall be filed immediately when the BOC begins to act as such is objected to, if it comes after the canvassingof the Board, or immediately when the proceedingsbecome illegal. a) In case the petition is filed before the BOC: a.1) Upon receipt of the verified petition, the BOC shall immediately announce the fact of the filing of said petition and the ground/s raised therein. a.2) The BOC shall immediately deliberate on the petition,and within a period of twenty-four (24) hours, make aprompt resolution thereon, which resolution shall bereduced into writing. a.3) Should the BOC decide in favor of the petition, it

shall immediately inform the Commission of its resolution.Thereafter, action thereon. a.4) In no case shall the receipt by the BOC of the electronically transmitted precinct, municipal, city, or provincial results, be suspended by the filing of said petition. a.5) The petitioner may appeal an adverse resolution bythe BOC to the COMELEC, by notifying the BOC of his orher intent to appeal, through a verbal, and a written andverified Notice of Appeal. The notice on the BOC shall notsuspend the formal proclamation of the official results ofthe election, until the final resolution of the appeal. a.6) Within forty-eight (48) hours from such notice to the BOC,the petitioner shall submit before the Board a Memorandumon Appeal stating the reasons why he resolution beingquestioned is erroneous and should be reversed. a.7) Upon receipt by the BOC of the petitioners memorandum on appeal, the Board shall forward the entirerecords of the petition at the expense of the petitioner. a.8) Upon receipt of the records herein referred to, the petition shall be docketed by the Clerk of Commission andsubmitted to the COMELEC en banc for consideration anddecision. a.9) Within five (5) days therefrom the COMELEC en bancshall render its decision on the appeal. b) If filed directly with the Commission, the petition shallbe heard by the COMELEC en banc under the followingprocedures. Upon receipt of the petition by the COMELEC,the Clerk of the Comission shall docket the same andforthwith send summons to the BOC concerned with anorder directing it to submit, through the fastest verifiablemeans available, its answer within forty-eight (48) hours.The COMELEC en banc shall resolve the petition within five (5) days from the filing of the answer, or upon the expiration of the period to file the same. Section 6. Illegal Proceedings Discovered after Proclamation. - If the illegality of the proceedings of the BOC is discovered after the official proclamation of the supposed results, a verified petition to annual the

proclamation may be filed before COMELEC within ten (10) days after the day of proclamation. Upon receipt ofthe verified petition, the Clerk of the Commission shallhave the same docketed and forthwith issue summons tothe parties to be affected by the petition, with a directivefor the latter to file their answer within five (5) days fromreceipt. Thereafter the case shall be deemed submittedfor resolution, which shall not be later seven (7) days fromreceipt of the answer. Rule 5: Canvass on Manually Prepared Election Returns Section 1. Canvass of Manually Prepared Election Returns. - If by reason of the implementation of a continuity plan, election returns and/or certificate of canvass are manually prepared and transported to the BOC for canvass, said continuity plan together with the General Instructions for the Board of Canvassers shall primarily apply, supplemented whenever applicable, by the regular COMELEC Rules of Procedure and these rules. PART III: ELECTION PROTEST Rule 6: Election Protest Section 1. Jurisdiction of the Commission on Elections. The Commission on Elections, through any of its Divisions,shall have exclusive original jurisdiction over all electionprotests involving elective regional (the autonomousregions), provincial, and city officials. 26 Pre-Procla Protest Section 2. Election protest. - A petition contesting the elections or returns of an elective regional, provincial, or city official shall be filed with the Commission by anycandidate who was voted for in the same office and whoreceived the second of third highest number of votes or, ina multi-slot position, was among the next four candidatesfollowing the last ranked winner duly proclaimed, asreflected in the official results of the election contained inthe Statement of Votes. The party filing the protest shallbe designated as the

protestant; the adverse party shallbe known as the protestee. Section 3. How Initiated. - An election protest or petition for quo warranto shall be filed directly with theCommission in tn (10) legible copies plus such number ofcopies corresponding to the number of protestees, withina non-extendible period of ten days following the date ofproclamation. Each contest shall refer exclusively to one office but contents for offices of the Sangguniang Pampook, Sangguniang Panlalawigan or Sangguniang Panglungsod may be consolidated in one case. Section 4. Modes of service and filing. Service and filingof pleadings, including the initiatory petition and otherpapers, shall be done personally. Except with respectto papers emanating from the Commission, a resortto other modes of service must be accompanied by awritten explanation why the service or filing was not donepersonally. A violation of this Rule shall be a cause toconsider the pleading or paper as not filed. Section 5. Petition must be verified and accompanied bya certificate of non-forum shopping. - An election protestshall be verified by an affidavit stating that the affianthas read the petition and that the allegations therein aretrue and correct of affiants own knowledge or based onauthentic records. A verification based on information andbelief or upon the knowledge, information and belief isnot a sufficient verification. The protestant shall personally sign the certificate of nonforumshopping which must be annexed to the electionprotest. An unverified petition or one with insufficientverification or unaccompanied by a certificate of nonforumshopping shall be dismissed outright and shall notsuspend the running of the reglementary period to file anelection protest. Section 6. Pendency of pre-proclamation controversy. The pendency of a pre-proclamation controversy involvingthe validity of the proclamation as defined by law shallsuspend the running of the period to file an electionprotest.Section 7. Contests of the protest or petition. - An election protest or petition for quo warranto shall specifically statethe following facts: a) The position involved

b) That the protestant was a candidate who has duly fileda certificate of candidacy and has been voted for the sameoffice. c) The date of proclamation; and d) The number of votes credited to the parties per proclamation. An election protest shall also state: e) The total number of precincts of the region, province orcity concerned; f) The protested precincts and votes of the parties in the protested precincts per the Statement of Votes By Precinct or, if the votes of the parties are not specified anexplanation why the votes are not specified; g) A detailed specification of the acts or omissions complained of showing the electoral frauds, anomalies orirregularities in the protested precincts. Section 8. Docketing and Raffle of Protest. The Directorof the Election Contest and Adjudication Department (ECAD) shall immediately docketthe Protest and raffle the case to either the First or SecondDivision of the Commission. Section 9. Summary dismissal of election contest. - The Commission shall summarily dismiss, motu proprio, an election protest and counter-protest on the following grounds: a) The Commission has no jurisdiction over the subject matter; b) The protest is insufficient in form and content as required in Section 7 hereof; c) The petition is filed beyond the period prescribed in these rules; d) The filing fee is not paid within the period for the filing the election protest or petition for quo warranto; and e) In case of protest where a cash deposit is required, the cash deposit is not paid within fifteen (15) days from the filing of the protest. RA 9006 FAIR ELECTION ACT Important Features: 1) Repeal of Sec. 67 of the OEC Now, any ELECTIVE official, whether national or local, running for any office other than the one which he is holding in a permanent capacity

shall not be considered ipso facto resigned from his office upon the filing of his certificate of candidacy. 2) Lifting of the Political Ad Ban Written and Printed Materials (8.5 W x 14L) Letters Posters (2 x 3) in common-private poster areas ( not more than 10 public places per political party or independent candidate, 12 16), private places and public places Rally streamers (3 x 8) NOT MORE THAN 2 Paid Advertisements at Discounted Rates Print : 1/4th page in broadsheet and page in tabloid 3x a week Television: 120 minutes for candidate for nationally elective office and 60 for local Radio: 180 minutes for candidate for nationally elective office and 90 for local COMELEC free space (3 national newspaper for nationally elective officials and 1 national newspaper for local) and airtime (3 national television networks for nationally elective officials and 1 station for local ) : equal allocation for all candidates for 3 calendar days Authorized Expenses ( multiplied with the total number of registered voters ) P 10 for president / vice president P 3 for other candidates for every voter currently registered in the constituency P 5 for independent candidates and political parties Pre-Proclamation Controversies Definition 1. A 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 COMELEC. 1. It would also refer to any matter raised under Sections 233, 234, 235, and 236 of the Omnibus Election Code in relation to the preparation, transmission, receipt, custody, and appreciation of the election returns. (Board of canvassers have original jurisdiction while COMELEC have appellate jurisdiction) 1. When election returns are delayed, lost or destroyed (Sec.233)

Material defects in the election returns (Sec. 234) 3. When election returns appear to be tampered with or falsified. (Sec. 235) 4. Discrepancies in election returns (Sec. 236) C. Those that can be filed with COMELEC directly are the ff: Issue involves the illegal composition or proceedings of the board of canvassers, as when a majority or all of the members do not hold legal appointments or are in fact usurpers Issue involves the correction of manifest errors in the tabulation or tallying of the results during the canvassing Recount There can be a recount under the grounds of 234-236. The returns involved will affect the results and the integrity of the ballot box has been preserved Issues that may be raised in a preproclamation controversy 1. Illegal composition or proceedings of the board of canvassers 2. The canvassed election returns are incomplete, contain material defects, appear to be tampered with or falsified, or contain discrepancies in the same returns or in authentic copies thereof. 3. The election returns were prepared under duress, threats, coercion, or intimidation, or they are obviously manufactured, or not authentic. 4. When substitute or fraudulent returns in controverted polling places were canvassed, the results of which materially affected the standing of the aggrieved candidate/s. Procedure A. Contested composition or proceedings of the board (under RA 7166) It may be initiated in the board or directly with COMELEC. B. Contested election returns (under RA 7166) Matters relating to the preparation, transmission, receipt, custody and appreciation of the election returns, and certificate of canvass, should be brought in

2.

the first instance before the board of canvassers only. Summary nature of pre-proclamation controversy 1. Pre-proclamation controversies shall be heard summarily by the COMELEC. 2. Its decision shall be executory after the lapse of 5 days from receipt by the losing party of the decision, unless restrained by the SC. Effect of filing petition to annul or suspend proclamation It suspends the running of the period within which to file an election protest or quo warranto proceedings. When not allowed Pre-proclamation cases on matters relating to the preparation, transmission, receipt, custody and appreciation of the election returns or the certificates of canvass NOT allowed in elections for: (under RA 7166) President

to continue even after a proclamation has been made. Election Offenses ( Selected Offenses) Vote buying and vote-selling A. Covered acts 1.Give, offer or promise money or anything Provincial of value 2. Making or offer to make any expenditure, City officials directly or indirectly, or cause an Appellate Jurisdiction expenditure to be made to any person, COMELEC has APPELLATE jurisdiction over association, corporation, entity or all contests involving: community A. Elective MUNICIPAL officials decided by 3.Soliciting or receiving, directly or trial courts of GENERAL jurisdiction indirectly, any expenditure or promise of B. Elective BARANGAY officials decided by any office or employment, public or private trial courts of LIMITED jurisdiction B. Purpose of acts Who can file a petition contesting the 1. To induce anyone or the public in general election to vote for or against any candidate or Any candidate who has duly filed a certificate of candidacy and has been voted withhold his vote in the election or 2. To vote for or against any aspirant for the for the same office nomination or choice of a candidate in a Purpose of an election contest convention or similar selection The defeated candidate seeks to outs the C. Under RA 6646 (Prosecution of proclaimed winner and claims the seat. vote-buying/selling) Final COMELEC Decisions Vice-President Provision that decisions, final orders, rulings 1. Presentation of a complaint supported by affidavits of complaining witnesses attesting Senator of the Commission on election contests to the offer or promise by or the voters involving municipal and barangay offices Member of the House of acceptance of money or other consideration are final, executory and not appealable: Representatives from the relatives, leaders or sympathizers A. This only applies to questions of FACT. BUT: The appropriate canvassing body of a candidate is sufficient basis for an motu propio or upon written complaint of an ( Flores v. COMELEC, 184 SCRA 484) investigation by the COMELEC,directly or B. It does NOT preclude a special civil action interested person can correct manifest through its duly authorized legal officers. of certiorari. (Galido v. COMELEC, Jan. errors in the certificate of canvass or 2. Disputable presumption of conspiracy: 18,1991) election returns before it. Proof that at least one voter in different Distinctions between Pre-Proclamation BUT: Questions affecting the composition precincts representing at least 20% of the Controversy and Election Contest or proceedings of the board of canvassers total precincts in any municipality, city or 1) Dividing line: Proclamation of a may be initiated in the board or directly province has been offered, promised or candidate with COMELEC. given money, valuable consideration or 2) Jurisdiction When pre-proclamation cases are other expenditure by a candidate relatives, A. Pre-proclamation controversy deemed TERMINATED (RA 7166) leaders and/or sympathizsrs for the purpose 1.The jurisdiction of COMELEC is 1. All pre-proclamation cases pending of promoting the election of such candidate. administrative/quasi-judicial before the COMELEC shall be 3. Disputable presumption of involvement 2.It is governed by the requirements of deemed terminated at the Proof affects at least 20% of the precincts of administrative due process beginning of the term of the office the municipality, city or province to which B. Election contest involved and the rulings of the the public office aspired for by the favored 1.The jurisdiction of COMELEC is judicial boards of canvassers concerned candidate relates. This will constitute a 2.It is governed by the requirements of deemed affirmed. disputable presumption of the involvement judicial process B. This is without prejudice to the filing of a of such candidate and of his principal 3) In some cases, even if the case regular election protest by the aggrieved campaign managers in each of the (involving municipal officials) began with party. municipalities concerned in the conspiracy the COMELEC before proclamation but a C. HOWEVER: Proceedings MAY CONTINUE Coercion of a subordinate proclamation is made before the if: A. Who can be held liable controversy is resolved, it ceases to be a 1. The COMELEC determines that the 1. public officer pre-proclamation controversy and becomes petition is meritorious and issues 2. officer of a public/private an election contest cognizable by the RTC. an order for the proceedings to corporation/association 4) However, in some cases, the SC has continue or 3. heads/superior/administrator of any recognized the jurisdiction of COMELEC over 2. The Supreme Court issues an order religious org. municipal cases even after proclamation. for the proceedings to continue in 4. employer/landowner Relate to the provision in RA 7166 allowing a petition for certiorari. B. Prohibited acts pre-proclamation controversy proceedings Election Contest

Original Jurisdiction COMELEC has ORIGINAL jurisdiction over contests relating to the elections, returns, qualifications of all elective: Regional

Coercing, intimidating or compelling or influencing, in any manner, any subordinates, members, parishioners or employees or house helpers, tenants, overseers, farm helpers, tillers or lease holders to aid, campaign or vote for or against a candidate or aspirant for the nomination or selection of candidates. 2. Dismissing or threatening to dismiss, punishing or threatening to punish by reducing salary, wage or compensation or by demotion, transfer, suspension etc. Appointment of new employees, creation of new position, promotion or giving salary increases: A. Who can be held liable: Any head/official/appointing officer of a government office, agency or instrumentality, whether national or local, including GOCCs. B. Prohibited acts 1.Appointing or hiring a new employee (provisional, temporary or casual) 2.Creating or filling any new position 3.Promoting/giving an increase in salary, remuneration or privilege to any government official or employee. C. Period when acts are prohibited 1. 45 days before a regular election 2. 30 days before a special election D. Exceptions 1. Upon prior authority of COMELEC if it is satisfied that the position to be filled is essential to the proper functioning of the office/agency concerned AND that the position is not filled in a manner that may influence the election 2. In case of urgent need, a new employee may be appointed. Notice of appointment should be given to COMELEC within 3 days from appointment. Prohibition against release, disbursement or expenditure of public funds A. Who can be held liable: Any public official or employee including barangay officials and those of GOCCs/subsidiaries B. Prohibited acts: The release, disbursement or expenditure of public funds for any and other kinds of public works C. Period when acts are prohibited: 1. 45 days before a regular election

1.

2. 30 days before a special election member of the board of election D. Exception inspectors) 1. maintenance of existing/completed 3. Refusing to issue the certificate of public works project. voters to the duly accredited 2. work undertaken by contract watchers (committed by a member through public bidding, or by of the BEI) negotiated contract awarded 4. Person who violated provisions before the 45 day period before against prohibited forms of election election propaganda 3. payment for the usual cooperation 5. Failure to give notice of meetings for working drawings, specfications to other members of the board, and other procedures preparatory candidate or political party to actual construction including the (committed by the Chairman of the purchase of material and board of canvassers) equipment and incidental expenses 6. A person who has been declared a for wages. nuisance candidate or is otherwise 4. Emergency work necessitated by disqualified who continues to the occurrence of a public calamity misrepresent himself as a but such work shall be limited to candidate (Ex. by continuing to the restoration of the damaged campaign) and any public officer or facility. private individual who knowingly 5. Ongoing public work projects induces or abets such commenced before the campaign misrepresentation by commission period or similar projects under or omission. foreign agreements. 7. If the chairman of the BEI fails to Suspension of elective, provincial, city, affix his signature at the back of municipal or barangay officer the official ballot, in the presence A. General rule: public official CANNOT of the voter, before delivering the suspend any of the officers enumerated ballot to the voter. (under RA above during the election period. 7166) B. Exceptions Prescription of Election Offenses 1. With prior approval of COMELEC 1. Election offenses shall prescribe 2. Suspension is for the purpose of after 5 years from the date of their applying the Anti-Graft and Corrupt commission Practices Act 2. If the discovery of the offense is In relation to registration of voters/voting made in an election contest proceeding, the period of Unjustifiable refusal to register and prescription shall commence on vote the date on which the judgment in Voting more than once in the same such proceedings becomes final election/voting when not a and executory registered voter Jurisdiction of courts 1. RTC has exclusive original Voting in substitution for another jurisdiction to try and decide any with or without the latters criminal action or proceedings for knowledge and/or consent etc. violation of the Code. Other election offenses under RA 6646 2. MTC/MCTC have jurisdiction over 1. Causing the printing of official offenses relating to failure to ballots and election returns by register or vote. printing establishments not on 3. SEC. 28. Section 29 of Republic contract with COMELEC and Act No. 8436 is hereby amended to printing establishments which read as follows: undertakes unauthorized printing 4. "SEC. 35. Prohibited Acts and 2. Tampering, increasing or Penalties. - The following shall be decreasing the votes received by a penalized as provided in this Act, candidate or refusing after proper whether or not said acts affect the verification and hearing to credit electoral process or results: the correct votes or deduct the tampered votes (committed by a

5. 6. 7.

8.

9.

10.

11. 12.

13.

14.

"(a) Utilizing without authorization, tampering with, damaging, destroying or stealing: "(1) Official ballots, election returns, and certificates of canvass of votes used in the system; and "(2) Electronic devices or their components, peripherals or supplies used in the AES such as counting machine, memory pack/diskette, memory pack receiver and computer set; "(b) Interfering with, impeding, absconding for purpose of gain, preventing the installation or use of computer counting devices and the processing, storage, generation and transmission of election results, data or information; "(c) Gaining or causing access to using, altering, destroying or disclosing any computer data, program, system software, network, or any computer-related devices, facilities, hardware or equipment, whether classified or declassified; "(d) Refusal of the citizens' arm to present for perusal its copy of election return to the board of canvassers; "(e) Presentation by the citizens' arm of tampered or spurious election returns; "(f) Refusal or failure to provide the dominant majority and dominant minority parties or the citizens'' arm their copy of election returns; and "(g) The failure to post the voters' list within the specified time, duration and in the designated location shall constitute an election offense on the part the election officer concerned." "Any person convicted for violation of this Act, except those convicted of the crime of electoral sabotage, shall be penalized with imprisonment of eight years and one day to twelve (12) years without possibility of parole, and perpetual disqualification to hold public office and deprivation of the right of suffrage. Moreover, the offender shall be perpetually disqualified to hold any nonelective public office."

office.Section 15. Pre-proclamation Cases Not Allowed in Elections for President VicePresident, Senator, and Member of the House of Representatives. - For purposes of the elections for President, Vice-President, Senator and Member of the House of Representatives, no pre-proclamation cases shall be allowed on matters relating to the preparation, transmission, receipt, custody and appreciation of the election returns or the certificates of canvass, as the case may be. However, this does not preclude the authority of the appropriate canvassing body motu propio or upon written complaint of an interested person to correct manifest errors in the certificate of canvass or election returns before it.

Sections 233, 234, 235 and 236 of the Omnibus Election Code in relation to the preparation, transmission, receipt, custody and appreciation of the election returns, and the certificates of canvass shall be brought in the first instance before the board of canvassers only.

Section 18. Summary Disposition of Preproclamation Controversies. - All preproclamation controversies on election returns or certificates of canvass shall, on the basis of the records and evidence elevated to it by the board of canvassers, be disposed of summarily by the Commission within seven (7) days from receipt thereof. Its decisions shall be executory after the lapse of seven (7) days Questions affecting the composition or for receipts by the losing party of the proceedings of the board of canvassers may decision of the Commission. be initiated in the board or directly with the Commission in accordance with Section 19 hereof. Any objection on the election returns before the city or municipal board of canvassers, or on the municipal certificates of canvass before the provincial board of canvassers or district boards of canvassers in Metro Manila Area, shall be specifically noticed in the minutes of their respective proceedings. Section 16. Pre-proclamation Cases Involving Provincial, City and Municipal Offices. - Pre-proclamation cases involving provincial, city and municipal offices shall be allowed and shall be governed by Sections 17, 18, 19, 20, 21 and 22 hereof. All pre-proclamation cases pending before the Commission shall be deemed terminated at the beginning of the term of the office involved and the rulings of the boards of canvassers concerned shall be deemed affirmed, without prejudice to the filing of a regular election protest by the aggrieved party. However, proceedings may continue when on the basis of the evidence thus far presented, the Commission determined that the petition appears Section 17. Pre-proclamation Controversies: How Commenced. Questions affecting the composition or proceedings of the board of canvassers may be initiated in the board or directly with the Commission. However, matters raised under