Election Laws Reviewer PDF

Election Laws Reviewer
Definition:
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.
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
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.
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.
An exit poll is a species of electoral survey
conducted by qualified individuals or
groups of individuals for the purpose of
determining the probable result of an
election by confidentially asking randomly
selected voters whom they have voted for,
immediately after they have officially cast
their
ballot.(ABS-CBN
Broadcasting
corporation vs. COMELEC,323 SCRA 811)
An
absolute
prohibition
would
be
unreasonably
restrictive,because
it
effectively prevents the use of exit poll data
not only for election-day projections,but
also for long term research. The COMELEC

concern
with
the
possible
non
communicative effect of exit polls-disorder
and confusion in the voting centers- does
not justify a total ban on them. The holding
of exit polls and the dissemination of their
results through mass media constitute an
essential part of freedom of speech and of
the press. The reason behind the principle
of ballot secrecy is to avoid vote buying
through voter identification (ABS-CBN
Broadcasting Corporation vs. COMELEC)
province is created out of it and does not

authorize the COMELEC to transfer
municipalities from one legislative district
to another. (Montejo,supra)
The SC held that SEC 5.4 of the Fair

Election Act prohibiting publication of
survey results 15 days immediately
preceding a national election and 7 days
before a local election violates the
constitutional
rights
of
speech,expression,and the press because:
a. It imposes prior restraint on the freedom
of expression;
b. It is a direct and total suppression of the
category of expression even though such
suppression is only for a limited period; and
c. The governmental interest sought to be
promoted can be achieved by means other
than the suppression of freedom of
expression. (Social Weather Station vs.
Comelec, GR No. 147571, May 5,2001)
STATUTORY POWERS
Make minor adjustments of

apportionment of legislative districts.
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.
(Montejo
vs.
Adjust the apportionment in a case of
creation of new provinces or cities.
The COMELEC is merely authorized to
adjust the number of congressmen
apportioned to an old province if a new
Pardon violators of election laws.

Promulgate rules of procedure concerning
pleadings and practice before it or any of its
offices.
Submit report on how a previous elections
was conducted.
1. Power to declare failure of election and

call for special election.
2. Exclusive original jurisdiction over all
pre-proclamation controversies.
3. Issue writs of certiorari, prohibition
The COMELEC has the authority to issue
extraordinary writs of certiorari, prohibition
and mandamus in aid of its exclusive
appellate jurisdiction.
Both the SC and the COMELEC have
concurrent jurisdiction to issue writs of
certiorari, prohibition, and mandamus over
decisions of trial courts of general
jurisdiction in election cases involving
elective municipal officials. The court takes
jurisdiction first shall exercise exclusive
jurisdiction over the case. (Carlos vs.
Angeles, 346 SCRA 571)
4. Summons parties
pending before it
to
controversy
5. Enforce and execute its decisions and

orders
6. Punish contempts provided for in the
Rules of Courts.
The COMELEC has the power to cite for

contempt, but this power may be exercised
only while the COMELEC is engaged in the
performance of quasi-judicial functions and
not administrative functions.(Guevarra vs.
COMELEC, 104 PHIL 269 and Masangcay
7. Promulgate rules and regulations
implementing the Election Code
8.
Exercise
direct
and
immediate
supervision and control over officials
required to perform duties relative to the
conduct of election.
9. Prescribe forms to be used in the election
10. Procure any supplies, equjipment,
materials or services needed for the holding
of election
11. Prescribe the use or adoption of the
latest technological and electronic devices
12. Carry out continuing and systematic
campaign to educate the public about
elections
13. Fix other reasonable periods for certain
pre-election requirements.
14. Enlist non-partisan groups to assist.
JUDICIAL REVIEW OF DECISIONS

Any decision, order or ruling of the
COMELEC en banc may be brought to the
SC on certiorari by the aggrieved party
within 30m days from receipt of the copy
thereof. When the Supreme Court reviews a
decision of the COMELEC, the court
exercises extraordinary jurisdiction, thus
the proceeding is limited to issues involving
grave abuse of discretion resulting in lack
or excess of jurisdiction and does not
ordinarily empower the court to review the
factual findings of the COMELEC. (Aratuc

vs. COMELEC,88 SCRA 251)
The mode by which a decision, order or
ruling en banc may be elevated to the SC is
the civil action of certiorari under Rule 65
of the 1964 Revised Rules of Court, now
expressly provided in Rule 64, 1997 Rules
of Civil Procedure, as amended. (Ambil vs.
COMELEC,344 SCRA358)
A special civil action for certiorari is the
proper remedy to question any final order,
ruling and decision of the COMELEC
rendered in the exercise of its adjudicatory
or
quasi-judicial
powers.(Guerero
vs.
What is contemplated by the term final
orders, 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 vs. Makalintal, 340 SRA 506)
COMELEC Resolution No. 2987 which
provides for the rules and regulations
governing the conduct of plebiscite, is not
issued pursuant to the COMELECs quasijudicial functions but merely as an incident
of its inherent administrative functions over
the conduct of plebiscites, and any question
pertaining to the validity of said resolution
may be well taken in an ordinary civil
action before the trial courts.(Salva ,supra)
The alleged nature or the COMELEC to
implement its resolution ordering the
deletion of a candidates name in the list of
qualified candidates does not call for the
exercise of the SCs function of judicial
review as it is undoubtedly administrative
in
nature,
beyond
judicial
interference.(Chavez vs. COMELEC, 211
SCRA 315)
A resolution of the COMELEC awarding a
contract for the supply of voting booths to a
private party, as a result of its choice
among various proposals submitted in
response to its invitation to bid, is not
reviewable by certiorari as it is not order

rendered in the legal controversy before it
but merely as incident to its inherent
administration functions over the conduct
of elections. Any question arising from said
order may be taken in an ordinary civil
action.
(Filipinas
Engineering
vs.
COMELEC, 344 SCRA 358)
The Supreme Court has no power to review
via certiorari, an interlocutory order or even
a final resolution of a Division of the
COMELEC. (Ambil vs. COMELEC, 244
SCRA 358)
A decision, order or resolution of a division
of the COMELEC must be reviewed by the
COMELEC en banc decision may be
brought to the supreme Court on certiorari.
(Ambil vs. COMEL, 358)
VOTERS:
QUALIFICATION
REGISTRATION
by reason of occupation, profession,

employment in public or private service,
educational activities, work in the military
or naval reservations within the Philippines,
service in the AFP, PNP or confinement or
detention in government institutions, shall
not deemed to have lost his original
residence. (Sec. 9, RA 8189)
In election cases, the Supreme Court treats
domicile and residence and residence as
synonymous terms. In order to acquire a
new domicile by choice, there must concur
(1) residence or bodily presence in the new
locality;(2) an intention to remain there;
and (3) an intention to abandon the old
domicile. The residence at the place chosen
for the new domicile must be actual.
(Romualdez vs. RTC,226 SCRA 406)
AND
Qualification for Suffrage
Disqualifications
Filipino citizenship- it may be by birth or

naturalization.
1. Any person sentenced by the final

judgment to suffer imprisonment for not
less than one year.
Age- a person may be registered as a voter

although he is less than 18 years at the
time of registration if he will be at least 18
on the day of election.
Residence- at least 1 year in the
Philippines, and at least 6 months where he
proposes to vote immediately preceding the
election. Any person who, on the days of
registration may not have been reached the
required period of residence but who, on
the day of election shall possess such
qualification, may register as voter.
No literacy, property or other substantive
requirement shall be imposed on the
exercise of suffrage.
Any person who temporarily resides in
another city municipality or country solely
2. 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.
3. Insane or incompetent persons
declared by competent authority.
Removal of disqualification for conviction
Plenary pardon
Amnesty
as
Lapse of 5yaers after service of sentence

(Sec.111, 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. No registration
shall, however, be conducted during the
period starting 120 days before a regular
election and 90 days before a special
election. (Sec. 8, 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..the
law aids the vigilant and not those who
slumber on their rights
In a representative democracy the right of
suffrage, although afforded a prime niche in
the hierarchy of right embodied in the
fundamental law., 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 absolutethe
exercise of suffrage, as the enjoyment of all
other rights subject to existing substantive
and procedural requirement embodied in
our Constitution, statute books and other
repositories of law. (AKBAYAN Youth et
al. vs. COMELEC GR No. 147066, March
26, 2001)
Inclusion and Exclution Cases
1. Jurisdiction
i. Municipal or Metropolitan Trial Court
original and exclusive Jurisdiction\
ii. Regional Trial Court appellate

jurisdiction (5 days) (Sec. 33, RA 8189)
iii. Supreme Court appellate jurisdiction
over RTC on question of law (15 days) [Sec.
5(2)(e), Art. VIII, PC; Sec. 2, Rule 45 of the
Rules of Court.]
2. Petitioners
a. Inclusion
Private person whose application was
disapprove by the Election Registration
Board or whose name was stricken out
from the list of waters (Sec. 34, RA 8189)
COMELEC [Sec. 2(6), Art. IX-C, PC]
b. Exclusion
i. Any registered voter in city
municipality
ii. Representative of political party
iii. Election Officer (Sec. 39, RA 8189)
iv. COMELEC [Sec. 2(6), Art. IX C, PC]
or
3. Period for Filing

a. Inclusion Any day except 105 days
before regular election or 75 days before a
special election. (Sec. 24, RA 8189)
b. Exclusion Any time except 100 days
before a regular election or 65 days before
special election. (Sec. 35 RA 8189)
4. Procedure
a. Petition for exclusion shall be sworn (Sec.
35 , RA 8189)
b. Each petition shall refer only to only one
precinct. (Sec. 35, RA 8189)
c. Notice
i. Parties to be notified
5. Inclusion Election Registration Board
i. ii Exclusion
6. Election Registration Board
7. Challenged voters [Sec. 32(b), RA 8189]
8. 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.
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. 32(b), RA 8189)
Any voter, candidate or political party
affected may intervene. (Sec. 32c, RA 8189)
Non-appearance is prima facie evidence the
registered voter is fictitious (Sec. 32 (f), RA
8189)
Decision cannot be rendered on stipulation
of facts (Sec. 32 (f), RA 8189)
No motion for reconsideration is allowed,
(Sec. 33, RA 8189)
Annulment of List of Voters
1. Upon verified complaint of any voter,
election officer or registered political party
or motu propio, the COMELEC may annul a
list of votes which was not prepared in
accordance with RA 8189 or whose
preparation was affected with fraud,
bribery,
forgery,
impersonation,
intimidation,
force
or
other
similar
irregularity or statistically improbable.
2. No list of voters shall be annulled within
60 days before an election (See. 33, RA
8189)
The annulment of the list of voters shall not
constitute a ground for a pre-proclamation
controversy. (Ututalum vs. COMELEC, 181
SCRA 335)
When an assailed order had been issued

pursuant to COMELECs administrative
powers in the absence of any finding of
grave abuse of discretion in declaring a
precinct as non existent, said order shall
stand,
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.
(Sarangani
vs.
Election precinct is the basic unit of
territory established by the COMELEC for
the purpose of voting.
A polling place refers to the building or
place where the board of election inspectors
conduct proceedings and where the voters
cast their votes.
Voting center refers to the building or place
where the polling place is located.
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.
Book of voters refers to the compilation of
all registration records in a precinct.
Signature of Chairman at back of every
ballot
In every case before delivering an official
ballot to the voter, the Chairman of the BEI
shall, in the presence of the voter, affix his
signature at the back thereof. 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.
IV. POLITICAL PARTIES AND PARTY LIST
SYSTEM
Political party or party when used in the

OEC means an organized group of persons
pursuing the same ideology, political ideas
or platforms of government and includes its
branches or divisions. A political party may
refer to a local regional or national party
existing and duly registered and accredited
by the COMELEC. To acquire juridical
personality, qualify for accreditation, and to
be entitled to the rights of political parties,
a political party must be registered with the
COMELEC. The following political parties
cannot be registered.
1. Religious sects
2. Those which seeks to achieve their goals
through unlawful means
3. Those which refuse to adhere to the
Constitution
4. Those that are supported by any foreign
government
GROUNDS
FOR
REGISTRATION
CANCELLATION
OF
1. Accepting financial contributions from

foreign governments or their agencies (for
partisan election purposes.) (Sec.2(5), Art IX
C, PC)
2. It is a religious sect or denomination,
organization or association organized for
religious purposes.
3. It advocates violence or unlawful means
to seek its goal
4. It is a foreign party or organization
5. It violates or fails to comply with laws,
rules and regulations relating to elections
6. It declares untruthful statements in its
petition
7. It has ceased to exist for at least one year
, and
8. Fails to participate in the last two
preceding elections, 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.
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.
Party System. A free and open party system
shall be allowed to evolve according to the
free choice of the people. [Sec 2(5) Art. IX
C, PC]
The PartyList System, is a mechanism of
proportional representation in the election
of representatives to the House of
Representatives, from national, regional
and sectoral parties, organizations and
coalitions thereof registered with the
COMELEC. The Partylist system was
devised to replace the reserve seat system
the very essence of the party list system is
representation
by
election.
(Veterans
Federation Party vs. COMELEC, 342 SCRA
244)
GUIDELINES FOR
LIST PARTICIPANTS
SCREENING
PARTY
1. The political party, sector, organization

must represent the marginalized and
underrepresented groups identified in Sec.
5 of RA 7941. majority of its membership
should belong to the marginalized and
underrepresented;
Proportional representation refers to the
representation of the marginalized and
underrepresented as exemplified by the
enumeration in Sec/ 5 of the law, namely;
labor peasant, fisherfolk, urban poor,
indigenous cultural communities, elderly,
handicapped, women youth, veterans,
overseas workers and professionals. The
party list organization or party must
factually
and
truly
represent
the
marginalized
and
underrepresented
constituencies mentioned in Sec. 5 .(Ang
Bagong Bayani OFW Labor Party, et al vs.
COMELEC et al GR No. 147589. June 26,

2001)
2. While even major political parties are
expressly allowed by RA 7941 and the
Constitution, they must comply with the
declared statutory policy of Filipino
citizens belonging to marginalized and
underrepresented sectors to be elected to
the House of Representatives. Thus, they
must show that they represent the interest
of the marginalized and underrepresented;
Political parties, even the major ones, may
participate in the party list elections,
except for purposes of May 11, 1998
elections. The requisite character of these
organizations must be consistent with the
purpose of the party list system, as laid
down in the Constitution and RA 7941 . . .
Under the Constitution and RA 7941,
provide respondents cannot be disqualified
from the party list elections, merely on the
ground that they are political parties. Sec. 5
Art. VI of the Constitution provides that
members of the House of Representatives
may be elected through a party list
system of registered national, regional and
sectoral
parties
or
organizations.
Furthermore, under Secs. 7 and 8, Art IX
C of the Constitution, political parties may
be registered under the party list system.
(Ang Bagong Bayani OFW Labor Party, et
al vs. COMELEC, et al. GR No. 147589,
June 26, 2001)
3. That religious sector may not be
represented in the party list system,
except that priest, imam or pastors may be
elected should they represent not heir
religious
sect
but
the
indigenous
community sector.
4. A party or an organization must not be
disqualified under Sec. 6, RA 7941;
5. The party organized must not be adjunct

of, or a project organized or an entity
funded or assisted by, the government;
6. The party, including its nominees must
comply with the qualification requirements
of Sec. 9, RA 7941 as follows: No person
shall
be
nominated
as
party
list
representative unless he is:
a. natural born citizen of the Philippines
b. a registered voter,
c. a resident of the Philippines for a period
not of no less than one year immediately
preceding the day of the election;
d. able to read and write;
e. a bonafide member of the party or
organization which he seeks to represent
for at least 90 days preceding the day of the
election; and
f. At least 25 years of age on the day of the
election. In case of a nominee of the youth
sector, at least be 25 but not more than 30
years of age on the day of the election. Any
youth sectoral representative who attains
the age of 30 during his term shall be
allowed to continue in office until the
expiration of his term.
7. Not only the candidate party or
organization must represent marginalized
and underrepresented sectors, so also must
its nominees;
8. While lacking a well defined political
constituency, the nominee must likewise be
able to contribute to the formation and
enactment of appropriate legislation that
will benefit the nation as a whole.
The parameters of the Filipino Party List
System are:
(1) the twenty percent allocation,
(2) the two percent threshold;
(3) the three seat limit; and
(4) proportional representation.
The Constitution makes the number of

district representatives the determinant in
arriving at the number of seats allocated for
party list lawmakers, a formulation which
means that any increase in the number of
district representatives, an as may be
provided by law, will necessarily result in a
corresponding increase in the number of
party list seats . . . ..
Sections 5 (2), Art. VI of the Constitution
is not mandatory, it merely provides a
ceiling for party list seats in Congress . .
Obtaining
absolute
proportional
representation is restricted by the threeseat-per-party limit to a maximum of two
additional slots . .
Under the Niemeyer formula, the number
of additional seats to which a qualified
party would be entitled is determined by
multiplying the remaining number of seats
to be allocated by the total number of votes
obtained by that party and dividing the
product by the total number of votes
garnered by all the qualified parties.
The Niemeyer formula, while no doubt
suitable for Germany, finds no application
in the Philippine setting because of our
three seat limit and the non mandatory
character of the twenty percent allocation.
(Ang Bagong Bayani OFW Labor Party, et
al vs. COMELEC, et al. GR No.147589,
June 26, 2001)
V. CANDIDATES AND CERTIFICATES OF
CANDIDACY
QUALIFICATIONS OF CANDIDATES
A. National Arts. VI and VII, PC
1. President and Vice President
2. Senators
3. Congressmen District and PartyList
Representatives
B. Local Sec.39, Local Government Code
Qualifications prescribed by law are

continuing requirements and must be
possessed for the duration of the officers
active tenure. Once any of the required
qualifications is lost, his title to the office
may be seasonably challenged. (Frivaldo vs.
COMELEC, 174 SCRA 245 and Labor vs.
Residence
In Marcos vs. COMELEC, 248 SCRA 300,
the Supreme Court upheld the qualification
of IRMarcos despite her own declarations in
her certificate of candidacy that she had
resided in the district for only seven months
because of the following:
1. A minor follows the domicile of his
parents; Tacloban became IRMs domicile of
origin by operation of law when her father
brought the family to Leyte;
2. Domicile of origin is lost only when there
is actual removal or change of domicile, a
bonafide intention of abandoning the
former residence and establishing a new
one, and acts which correspond with the
purpose; in the absence of clear and
positive proof of the concurrence of all
these, these domicile of origin should
continue;
3. The wife does not automatically gain the
husbands domicile because the term
residence in Civil Law does not mean the
same thing in Political Law, when IRM
married Marcos in 1954, she kept her
domicile or origin and merely gained a new
home, not a domicilium necessarium;
4. Even assuming that she gained a new
domicile after her marriage and acquired
the right to choose a new one only after her
husband died, her acts following her return
to the country clearly indicate that she
chose Tacloban, her domicile of origin, as
her domicile of choice.
In Aquino vs. COMELEC, 248 SCRA 400,

the Supreme Court held that Agapito
Aquino failed to prove that he had
established not just residence but domicile
of choice in Makati. In his certificate of
candidacy, he indicated that he was a
resident of San Jose Concepcion, Tarlac for
52 years, he was a registered voter of the
same district, his birth of certificate places
Conception, Tarlac as birthplace. Thus, his
domicile of origin was Conception, Tarlac,
and his bare assertion of transfer of
domicile from tarlac to Makati is hardly
supported by the facts of the case.
When the Constitution speaks of
residence the word should be understood,
consistent with Webster, to mean actual,
physical and personal presence in the
district that a candidate seeks to represent
The original concept of domicile, which
arose from American jurisprudence was not
intended to govern political rights, it was
designed to resolve the conflict of laws
between or among state where a decedent
may have lived for various reasons, for the
purpose of determining which law was
applicable as regards his estate . . .
Applying the concept of domicile in
determining residence as a qualification for
an elective office would negate the objective
behind the residence requirement set forth
under the law . . . (Domino vs. COMELEC
310 SCRA 546)
The place where the party actually or
constructively has his permanent home,
where he, no matter where he may found at
any given time, eventually intends to return
and remain, i.e., his domicile, is that to
which the Constitution refers when it
speaks of residence for the purposes of
election law . . .
The registration of a voter in a place other
than his residence of origin is not sufficient
to consider him to have abandoned or lost
his residence. (Perez vs. COMELEC, 317

SCRA 641)
The rationale of requiring candidates to
have a minimum period of residence in the
area in which they seek to be elected is to
prevent the possibility of a stranger or
newcomer
unacquainted
with
the
conditions and needs of a community and
not identified with the latter from seeking
an elective office to serve that community . .
.
The classification of an area as a highly
urbanized or independent component city,
for that matter, does not completely isolate
its residents, politics, commerce and other
businesses from the entire province, and
vice versa, especially when the city is
located at the very heart of the province
itself . .
The residence requirement is rooted in the
desire that officials of districts or localities
are acquainted not only with the metes and
bounds of their constituencies but, more
important,
with
the
constituents
themselves, and a very legalistic, academic
and technical approach to the resident
requirement does not satisfy this simple,
practical and common sense national for
the residence requirement. (Torayna vs.
COMELEC 337 SCRA 574)
Philippine citizenship
The lost citizenship may be reacquired
under Sec. 1 of RA 2630, which provides
that any person who had lost his Philippine
citizenship by rendering service to, or
accepting commission in, the Armed Forces
of the United States, or after separation
from the Armed Forces of the United States,
acquired United States citizenship by
taking an oath to the Republic of the
Philippines and registering the same with
Local Civil Registry in the place where he

resides or last reside in the Philippines. The
said oath of allegiance shall contain a
renunciation of any other citizenship.
(Bengson III vs. HRET, et al. GR No.
142840, May 7, 2001)
Repatriation results in the recovery of the
original nationality. This means that a
naturalized Filipino who lost his citizenship
will be restored to his prior status as a
naturalized Filipino citizen. On the other
hand, if he was originally a natural-born
citizen before he lost his Philippine
citizenship, he will be restored to his former
status as a natural born Filipino.
(Bengson, supra)
Disqualifications
Grounds under the Local Government Code

Sec. 40
A. Those sentenced by final judgment for an
offense involving moral turpitude or an
offense punishable by imprisonment for at
least one year, within two years after
service of sentence.
B. Those removed from office as a result of
an administrative case.
An elective local official who was removed
from office prior to January 1, 1992 is not
disqualified from running for elective local
office (Grego vs. COMELEC, 274 SCRA 481)
C. Those convicted by final judgment for
violating his oath of allegiance to the
Republic.
Grounds Under the Omnibus Election Code

A. Any person declared by competent
authority insane or Incompetent
B. Any person sentenced by final judgment
for any of the Following offenses:
1. Insurrection or rebellion
2. Offense for which he was sentenced to
penalty of More than 18 months
3. Crime involving morale turpitude (Sec.
12, BP 881)
C. A permanent resident to or immigrant to
foreign country Unless he waives such
status (Sec. 68, BP 881)
D. Removal; Insanity or incompetence
declaration of removal by competent
authority
E. Conviction; unless granted plenary
pardon, amnesty; or Lapse of 5 years after
service of sentence (Sec. 12, BP 881)
D. Those with dual citizenship--The phrase

dual citizenship in RA 7160, Sec. 40 (d)
and RA 7854, Sec. 20 must be understood
as
referring
to
dual
allegiance.
Consequently, persons with mere dual
citizenship do not fall under this
disqualification. For candidates with dual
citizenship, it should suffice if, upon the
filing of their certificates of candidacy, they
elect Philippine citizenship to terminate
their status as persons with dual
citizenship considering that their condition
is
the
unavoidable
consequence
of
conflicting laws of different states. (Mercado
vs. Manzano, 307 SCRA 630)
E. Fugitives from justice in criminal or non
political cases.
F. The term includes not only those who
flee after conviction to avoid punishment,
but likewise who, after being changed, flee
to
avoid
prosecution.
(Marquez
vs.
G. Permanent residents in foreign country
or those who have the right to reside
abroad and continue to avail of it. (Caasi vs.

CA, 191 SCRA 229)
Ecclesiastics (Pamil vs. Teleron, 56 SCRA

413)
H. The insane or feeble minded.
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. Consequently, it is
not enough that an individual has served
three consecutive in an elective local office,
he must also have been elected to the same
position for the same number of times
before the disqualification can apply: (Borja
vs. COMELEC, GR No. 133495, September
3, 1998)
Conditions for the application of the
disqualification: (1) the official concerned
has been elected for three consecutive
terms in the same local government post
and (2) that he has fully served three
consecutive terms . . .
A proclamation subsequently declared void
is no proclamation at all and while a
proclaimed candidate may assume office on
the strength of the proclamation of the
Board of Canvassers he is only a
presumptive winner who assumes office
subject to the final outcome of the election
protest . .
Contractors for public works of the

municipality
2. Under the Lone candidate Law RA 8295
Any elective official who has resigned from
his office by accepting an appointive office
to become vacant due to his resignation;
and
Any person who, directly or indirectly
coerces,
bribes,
threatens,
harasses,
intimidates or actually causes, inflicts or
produces any violence, injury, punishment,
torture, damage, loss or disadvantages to
any person or persons aspiring to become a
candidate or that of the immediate member
of his family, his honor or property that is
meant to eliminate all other potential
candidates.
Certificates of Candidacy
No person shall be eligible for any elective
public unless he files a sworn certificate of
candidacy within the period fixed by the
Omnibus Election Code.
Deadline
Voluntary renunciation of a term of office

does not cancel the renounced term in the
computation of the three term limit;
conversely involuntary severance from the
office for any length of time short of the full
term provided by law amounts to an
interruption of continuity of service.
(Lonzanida vs. COMELEC, 311 SACRA 602)
Certificate of candidacy must be filed not

later than the day before the date for the
beginning of the campaign period. (Sec. 7,
RA 7166)
A certificate filed beyond the deadline is not
valid. (Gador vs. COMELEC, 95 SCRA 431)
Prohibition against multiple candidacies
1. 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. (Sec 73, BP 881)
Before the deadline for filing certificates he

may withdraw all expect one, declaring
under oath the office for which he desires to
be eligible and cancel the certificate of
candidacy for other office or offices. (Go vs.
COMELEC, GR No. 147741, May 10, 2001)
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.
The certificate must be sworn. (Sec. 73, BP

881)
The election of a candidate cannot be
annulled because of formal defects in his
certificate, such as held of oath (Guzman
vs. Board of Canvassers, 48 Phil 211)
Name
A candidate shall use his baptismal name
or full name, the name registered with the
civil registrar or any other name allowed by
law.
He may include one nickname or stage
name by which he is generally known.
When two or more candidates for the same
office have the same name or surname,
each shall state his paternal and maternal
surnames, except the incumbent (See. 71,
BP 881)
Place and Period of Filling
For President, Vice President and Senators:
main office of the COMELEC in Manila, 5
copies, not later than 90 days before date of
election.
For
Members
Representatives:
Provincial legislative districts Provincial

Election Supervisor of the Province
concerned
of
the
House
of
City and Municipal offices City

Municipal Election Registrar concerned.
or
The certificates of candidacy of Members of

the House of Representatives, Provincial,
city or municipal officials shall be filed in 5
copies not later than 45 days before the
election.
The certificate of candidacy shall be filed by
the candidate personally or his duly
authorized representative. No certificate of
candidacy shall be filed or accepted by
mail, telegram or facsimile.
The evident purpose of the law in requiring
the filing of certificate of candidacy and in
fixing the time limit therefore are; (1) to
enable the voters to know, at least sixty
days before the regular election, the
candidates among whom they are to make
the choice, and (2) to avoid confusion and
inconvenience in the tabulation of the votes
to the duly registered candidates, there
might be as many persons voted for as
there are voters, and votes might be cast
even for unknown or fictitious persons, as
mark to identify the votes in favor of a
candidate for another office in the same
election. (Miranda vs. Abaya, 311 SCRA
617)
Duty of COMELEC
Subject to its authority over nuisance

candidates and its power to deny due
course or cancel a certificate of candidacy,
the rule is that the COMELEC shall have
only the ministerial duty to receive and
acknowledge receipt of the certificates of
candidacy. (Sec. 78, BP 881)
Effect Filing
An appointive public official is considered
resigned upon filing of his certificate. (Sec.
66, BP 881;Sanciangco vs. Rono, 137,
SCRA 671).This includes an employs of a
GOCC organized under the Corporation
Code (Without original charter), since the
law makes no distinction. (PNOC EDC vs.
NLRC, 222 SCRA 831)
Any elective official, whether national or
local who has filed a certificate of candidacy
for the same or any other office shall not be
considered resigned from office. (sec. 26,
COMELEC Resolution No. 3636, Rules and
Regulations Implementing RA 9006)
Withdrawal of Certificate of Candidacy
Form written declaration under oath.
There was no withdrawal of candidacy for
the position of mayor where the candidate,
before the deadline for filing certificates of
candidacy, personally appeared in the
COMELEC office, asked for his certificate of
candidacy and intercalated the word vice
before the word mayor and the following
day wrote the election registrar saying that
his name be included in the list of official
candidates
for
mayor.
(Vivero
vs.
COMELEC, L 81059, Jan 12, 1989)
Since his certificate of candidacy for the
office of board member was filed by his
party, and the said party had withdrawn
the nomination which withdrawal was
confirmed by the candidate under oath,
there was substantial compliance with Sec.
73. His filing under oath within the
statutory period of his individual certificate

for candidacy for the separate office of
mayor was, in effect, a rejection of the party
nomination on his behalf for the office of
board member. (Ramirez vs. COMELEC, L81150, Jan 12, 1992)
Substitution of Candidacy Sec. 77 BP
881; Sec. 12, RA 9006
If after the last day for filing certificates, a
candidate dies, withdraws or is disqualified,
he may be substituted by a person
belonging to his party not later than the
mid day of election. Said certificate may
be filled with any board of election
inspectors in the political subdivision where
he is an electorate of the country, with the
COMELEC. (Domingo vs. City Board of
Canvassers, GR No. 105365, June 2, 1992)
Even if the withdrawal was not under oath,
the certificate of the substitute cannot be
annulled
after
the
election.
Such
technicality of the original candidates
withdrawal of his certificate of candidacy
cannot be used to override the peoples will
in favor to the substitute candidate. The
legal requirement that the withdrawal be
under oath will be held to be merely
directory and the candidates failure to
observe the requirement is considered a
harmless error. Hence the bona fide
certificate of the substitute candidate
cannot be assailed. The votes in his favor
should
be
counted.
(Villanueva
vs.
In case of valid substitutions after the
official ballot have been printed, the votes
cast for the substituted candidates shall be
considered as many votes but shall not
invalidate the whole ballot. For this
purpose, the official ballots shall provide
spaces where the voters may write the
name of substitute candidates if they are
voting for the latter. (See. 12, RA 9006)
There is nothing in the Constitution or

statute which requires as condition
precedent that a substitute candidate must
have been a member of the party concerned
for a certain period of time before he can be
nominated as such. (Sinaca vs. Mula, 315
SCRA 266)
A valid certificate of candidacy is likewise

an indispensable requisite in the case of a
substitution of a disqualified candidate
under the provisions of Sec. 77 of the
Election Code . . . The concept of a
substitute presupposes the existence of the
person to be substituted, for how can a
person take the place of somebody who
does not exist or who never was...
A disqualified candidate may only be
substituted if he had a valid certificate of
candidacy in the first place because, if the
disqualified candidate did not have a valid
and
seasonably
filed
certificate
of
candidacy, he is and was not a candidate at
all. If a person was not a candidate, he
cannot be substituted under Sec. 77 of the
Code . . . .
While Sec. 78 of the Election Code
enumerated the occasion where a candidate
may validly substitute there is no mention
of the case where a candidate is excluded
not only by disqualification but also by
denial and cancellation of his certificate of
candidacy (Miranda vs. Abaya, 311 SCRA
617)
In case of valid substitutions after the
official ballots have been printed, the votes
cast for the substituted candidates shall be
considered as stray votes but shall not
invalidate the whole ballot. Sec. 12, RA
9006. amending Sec. 12 of RA 8436)
DISQUALIFICATION OF CANDIDATES
1. Grounds
Violation of Omnibus Election Code Sec.

68
Giving
money
or
other
material
consideration to influence voters or public
officials performing electoral functions
Committing acts of terrorism to enhance
his candidacy
Spending in his election campaign in excess
of the amount allowed by the Code
Soliciting,
receiving
or
making
any
prohibited contribution
Violations of Secs. 80, 83, 85, 86 and 261,
paragraphs d, e, k, v and cc, sub-paragraph
6.
Nuisance candidate Sec. 69
A petition to disqualify a candidate for
councilor for failure to indicate in his
certificate of candidacy the precinct number
and the barangay as a registered voter
cannot be considered a petition to
disqualify him for being a nuisance
candidate, since his certificate was not filed
to make mockery of the election or to
confuse the voters. (Jurilla vs. COMELEC,
232 SCRA 758)
Falsity of material representation
certificate of candidacy. Sec. 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. COMELEC, 248 SCRA 300;
Aquino vs. COMELEC, 248 SCRA 400)
2.
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. (Secs. 5a and 7, RA 6646)
Under the election laws and the COMELEC

Rules of Procedure, any voter may file a
petition to disqualify a candidate on
grounds
provided by
law.
(Torayno
vs.COMELEC, 337 SCRA 574)
The fact that no docket fee was initially
paid is not fatal. The Procedural defect as
cured by the subsequent payment of the
docket fee. (Sunga vs. COMELEC, 228
SCRA 76)
A petition filed after the election is filed out
of time. (Loong vs.COMELEC, 216 SCRA
769)
Since the filing by facsimile transmission is
not sanctioned and a facsimile copy is not
an original pleading, a petition for
disqualification should be deemed filed
upon the filing of the original petition.
(Garvida vs. Sales, 271 SCRA 764)
Where a qualified candidate was replaced
on the day before the election, a petition to
disqualify the replacement filed on election
day should be entertained, as it was
impossible to file the petition earlier. (Abella
vs. Larrazabal, 180 SCRA 509)
The COMELEC may motu propio refuse to
give due course or cancel a certificate of
candidacy. (Sec. 69, BP 881)
The proceeding shall be summary. (Nolasco
vs. COMELEC, 275 SCRA
762)
The COMELEC can decide a disqualification
case directly without referring it to its legal
officers for investigation. (Nolasco, supra)
The decision shall be final and executory
after 5 days from receipt unless stayed by
the Supreme Court [Secs. 5(e) and 7, RA
6646]
EFFECTS OF DISQUALIFICATION CASE
After final judgment -Any candidate who

has been declared by final judgment to be
disqualified shall not be voted for, and the
votes cast for him shall not be counted.
Before final judgment If for any reason a
candidate is not declared by final judgment
before an election to be disqualified and he
is voted for and receives the winning
number of votes in such election the Court
or Commission shall continue with the trial
and hearing of the action, inquiry or protest
and, upon motion of the complainant or
any intervenor, may, during the tendency
thereof, order the suspension of the
proclamation of such candidate whenever
the evidence of guilt is strong. (Sec. 6, RA
6646)
The
purpose
of
a
disqualification
proceeding is to prevent the candidate from
running or, if elected, from serving, or to
prosecute him for violation of election laws.
The fact that a candidate has been
proclaimed and had assumed the position
to which he was elected does not divest the
COMELEC of authority and jurisdiction to
continue the hearing and eventually decide
the disqualification. The COMELEC should
not dismiss the case simply because the
respondent has been proclaimed. (Sunga
vs. COMELEC, 288 SCRA 76 and
Lonzanida vs. COMELEC, 311 SCRA 617)
Sec. 6 of RA 6616 authorizes the
continuation
of
proceedings
for
disqualification even after the elections if
the respondent has not been proclaimed.
(Perez vs. COMELEC, 317 SCRA 641)
A disqualification case may have two
aspects, the administrative, which required
only a preponderance of evidence to prove
disqualification, and the criminal, which
necessitates proof beyond reasonable doubt
to convict.
There is no provision in RA 6646 that treats

of a situation where the complaint for
disqualification is filed after the election. . .
.
Second paragraph of paragraph 2 of Res.
No. 2050 provides that where a complaint
is filed after the election but before
proclamation, as in this case, the complaint
must be dismissed as a disqualification
case but shall be referred to the Law
Department for preliminary investigation.
Why there is a difference between a petition
for disqualifications before and after the
election proceeds from the fact that before
the electorate and those who vote for the
candidate assume the risk that should said
candidate be disqualified after the election,
their votes would be declared stray or
invalid votes and that would not be true in
the case of one filed after the electorate has
already voted . . . (Bagatsing vs. COMELEC,
320 SCRA 817)
The COMELEC can legally suspend the
proclamation of the winning candidate
although he received the winning number
of votes.(Labo vs. COMELEC, 211 SCRA
297).
The use of the word may, indicates that
the suspension of the proclamation is
merely directory and permissive in nature
and operates to confer discretion. What is
made mandatory is the continuation of the
trial and hearing of the action, inquiry or
protest. Since the suspension of the
proclamation is merely permissive, the
proclamation of a candidate is valid, if the
COMELEC
did
not
suspend
his
proclamation. (Grego vs. COMELEC, 274
SCRA 481)
Under the same provision, intervention may
be
allowed
in
proceedings
for
disqualification even after election if there
has yet no final judgment rendered.

(Mercado vs. Mazano, 307 SCRA 630)
Where the votes cast for a nuisance
candidate whose disqualification had not
yet become final on election day were tallied
separately, they should be counted in favor
of the petitioner. (Bautista vs. COMELEC,
298, SCRA 480)
THE LONE CANDIDATE LAW
The Lone Candidate Law is RA 8295,
enacted June 6, 1997. Section 2 thereof
provides the upon the expiration of the
deadline for the filing of certificate of
candidacy in a special election called to fill
a vacancy in an elective position other than
for President and Vice-President, when
there is only one (1) qualified candidate for
such position, the lone candidate shall be
proclaimed elected to the position by proper
proclaiming body of the COMELEC that he
is the only candidate for the office and is
thereby deemed elected.
Section 3 thereof also provides that the lone
candidate so proclaimed shall assume office
not earlier than the scheduled election day,
in the absence of any lawful ground to deny
due course or cancel the certificate of
candidacy in order to prevent such
proclamation.
VI. CAMPAIGN; ELECTION PROPAGANDA;
CONTRIBUTIONS AND EXPENDITURES
Election campaign or partisan political
activity refers to an act designed to promote
the election or defeat of a particular
candidate or candidates for public office.
(Sec. 79, BP 881)
a. If done for the purpose of enhancing the
chances of aspirants for nomination for
candidacy to a public office by a political
party, etc, it shall not be considered as
election campaign or partisan political
activity.
b. It shall be unlawful for any person or any

party to engage in election campaign or
partisan political activity except during the
campaign period.
c. Members of the Civil Service to engage,
directly or indirectly, in any electioneering
or partisan political campaign.
A. Nomination of candidates
1. President, Vice-President and Senators
not earlier than 165 before election date
a week per newspaper, magazine or other

publication during the campaign period.
(Sec. 4, RA 9006)
6. Broadcast Media(i.e., TV and radio)
National Positions: 120 minutes for TV, 180
minutes for radio / Local Positions: 60
minutes for TV, 90 minutes for radio
7. Other forms of election propaganda not
prohibited by the Omnibus Election Code
and RA 9006, and authorized by the
COMELEC.
Requirement
2. Congressmen, provincial, city or

municipal officials not earlier than 75
days before election day
B. Campaign period
1. President, Vice-President and Senators
90 days before election day
2. Congressmen, provincial, city and
municipal officials 45 days before election
day.
C. Lawful propaganda
1. Forms
2. Pamphlets, leaflets, cards, decals,
stickers and written or printed materials
not more than 8 inches by 14 inches
3. Handwritten/printed letters
4. Cloth, paper or cardboard, posters
measuring, not more than 2 feet by 3 feet 3
by 8 ft. allowed in announcing at the site on
the occasion of a public meeting or rally,
may be displayed 5 days before the date of
rally but shall be removed within 24 hours
after said rally.
5. Paid print advertisements: page in
broadsheets and pages in tabloids thrice
1. 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, followed by the true and correct name
and address of the candidate or party for
whose benefit the election propaganda was
printed or aired.
2. If the broadcast is given free or charge by
the radio or television station, 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.
3.
Print,
broadcast
or
outdoor
advertisements donated to the candidate or
political party shall be printed, published,
broadcast or exhibited without the written
acceptance by the said candidate or
political party. Such written acceptance
shall be attached to the advertising contract
and shall be submitted to the COMELEC.
(Sec. 4, RA 9006)
D. Prohibited Campaign
1.
Public
exhibition
of
a
movie,
cinematograph or documentary portraying
the life or biography of a candidate during

campaign period.\
2.
Public
exhibition
of
a
movie,
cinematograph or documentary portrayed
by an actor or media personality who is
himself a candidate;
3. Use of airtime for campaign of a media
practitioner who is an official of a party or a
member of the campaign staff of a
candidate or political party.
Scope
1. Prohibiting the posting of decals and
stickers except in the common posting area
authorized by the COMELEC is not valid
(Adiong vs. COMELEC, 244 SCRA 272)
2. Mass media may report news relating to
candidates, and mass media practitioners
may
give
their
opinion
regarding
candidates. (National Press Club vs.
E. Rallies
1. 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. A
denial is appealable to the provincial
election supervisor or COMELEC. (Sec. 87,
BP 881)
2. It is unlawful to give or accept
transportation, food, drinks or things of
value within 5 hours before and after a
public rally, before election day and on
election day. (Sec. 89 BP 881)
F. Prohibited donations
It is prohibited for any candidate, his
spouse, relative within second degree of
consanguinity or affinity, 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. (Sec. 104, BP 881)
G. Prohibited contributions
No political contribution shall be made by
the following:
1. Public or private financial institutions
2. Public utilities and those who exploit
natural resources
Thus, where an operator of a public utility
disguised a contribution to a candidate for
governor as loan, the promissory note is
void: (halili vs. Court of Appeals, 83 SCRA
633)
3. Persons who hold contracts or subcontracts to supply the government
with goods and services.
4. Persons granted franchises, incentives,
exemptions or similar privileges by
the government
5. Persons granted loans in excess of P25,
000 by the government or any of
its subdivisions or instrumentalities
6. Schools which received grants of public
funds of at least P100,000
7. Employees in the Civil Service or
members of the Armed Forces.
8. Foreigners (Sec. 95 , Bp 881)
9. Corporations (sec. 36 (9), Corp. Code)
H. Equal Access to Media Time and Space
All
registered
parties
and
bonafide
candidates shall have equal access to media
time and space . The following guidelines
may be amplified on by the COMELEC.
1. No franchise or permit to operate a radio
or television shall be granted or
issued, suspended or cancelled during the
election period.
2.
Any
mass
media
columnist,
commentator, announcer, reporter, on-air
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,
if so required by their employers, or shall
take a leave of absence from his work as
such during the campaign. 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.
I. Limitation on expenses Sec. 13, RA
7166
3. Effect of withdrawal
A candidate who withdraws his certificate of
candidacy must still file a statement of
contributions and expenditures, for the law
makes no distinction. (Pilar vs. COMELEC,
245 SCRA 759)
VII. ELECTION; BOARD OF ELECTION
INSPECTORS (BEI); WATCHERS
1. Candidates
a. President and vice president P10 per
voter
b. Other candidates P3 per voter in his
constituency
c Candidate without political party P5 per
voter
d.
Party/organization
and
coalition
participating in the party list system P5
per voter
2. Political party and coalition P5 per
voter in the constituency where it has
candidates. (sec. 13, RA 7166)
J.
Statement
expenditures
a. First Offense administrative fine from P

1,000 to P30, 000
b. Subsequent offense
i. Administrative fine from P2,000 to P60,
000
ii. Perpetual disqualification to hold public
office (Sec. 14,
RA 7166)
of
contributions
and
1. Filing
KINDS OF ELECTION
1. General election is one provided for by
law for the election to offices throughout
the State, or certain subdivisions thereof,
after the expiration of the full term of
former officers.
2. 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.
3. Recall election is an election by means of
which voters decide whether they should
retain their local official or elect his
replacement. (Claudio vs. COMELEC, 331
SCRA 388)
a. every candidate and treasurer of political

party shall file within 30 days after election
day a statement of contributions and
expenditures.
b. No persons elected shall assume office
until he and his political party has filed the
required statements
ELECTION PERIOD
2. Penalties
DATE OF ELECTION
Unless otherwise fixed by the COMELEC in

special cases, the election period shall
commence 90 days before the day of the
day of the election and shall end 30 days
thereafter.[Sec. 9, Art. IX C, PC]
The regular election of the President, VicePresident, Senators and Members of the
House of Representatives and local officials,
except barangay officials, shall be on the
second Monday of May once every three
years. In accordance with the constitutional
policy to synchronize elections, the regular
election for national and local officials is
now held simultaneously. (RA 7166) Under
6679, regular elections for barangay
officials shall be held once every five years.
ELECTION OF SANGGUNIANG MEMBERS

1. For provinces with two or more legislative
district
the
elective
members
of
Sangguniang Panlalawigan (Spn) shall be
elected by legislative districts.
2. For provinces with only one legislative
district the COMELEC shall divide them
into districts for purposes of electing the
members of the SPn;
3. For cities in Metro Manila Area, Cebu
City, Davao City or any other city with two
or more legislative district governed by
Secs. 2 and 3 of RA 6686.
4. For municipalities in Metro Manila the
COMELEC shall divide them into two
districts by baranggay for purposes of
electing members of the SB.
POSEPONEMENT OF ELECTION
When for any serious cause such as
violence, terrorism, loss or destruction of
election paraphernalia or records, force
majeure, and other analogous cases of such
nature that the holding of a free, orderly
and honest election should become
impossible in any political subdivision, the
COMELEC, motu propio or upon a verified
petition by any interested party, and after
due notice and hearing, whereby all
interested parties are afforded equal
opportunity to be heard, shall postpone the
election therein. (Sec. 5, BP 881)
An election officer alone, or even with the

agreement of the candidates, cannot validly
postpone or suspend the election. (Basher
vs. COMELEC, 330 SCRA 736). . . It is
essential to the validity of the election that
the voters have notice in some form, either
actual or constructive, of the time, place
and purpose thereof (Basher vs. COMELEC,
supra)
A petition to postpone elections should be
addressed to the COMELEC, subject to the
remedy of review provided for in Art IX A
Section 7.
In fixing the date of special elections the
COMELEC should see to it that:
1. It should not be later than thirty (30)
days after the secession of the cause of the
postponement of suspension of the election
or a failure to elect; and
2. It should be reasonably close to the date
of the election not held, suspended or
which
resulted
in
the
failure
to
elect.(Pangandaman vs. COMELEC, 319
SCRA 283)
A special election is not valid if notice of its
date and of the transfer of the precincts
was given less than a day before, since the
voters were deprived of the opportunity to
vote. (hassan vs. COMELEC, 264 SCRA
125)
FAILURE OF ELECTION
1. Sec.6 the OEC contemplates three
instances when the COMELEC may declare
a failure of election and call for the holding
of a special election: (1) when thee election
in any polling place has not been held on
the date fixed on account of force majeure,
violence, terrorism, fraud and other
analogous cases, (2) when the election in
any polling place has been suspended
before the hour fixed by law for the closure
of the voting; and (3) after the voting and
during the preparation and transmission of

the election returns or in the custody or
canvass thereof, such election results in a
failure to elect. (Soliva et al vs. COMELEC,
GR No. 141723, April 20,2001)
2. The power to throw out or annul an
election should be exercised with the
utmost care and only under circumstances
which demonstrate beyond doubt either
that the disregard of the law had been so
fundamental
or
so
pertinent
and
continuous that it is impossible to
distinguish what votes are lawful and what
are unlawful, or to arrive at any certain
result whatsoever, or that the great body of
voters have been prevented by viiolence,
intimidation and threats from exercising
their franchise There is failure of
elections only when the will of the electorate
has been muted and cannot be ascertained.
(Benito
vs.
COMELEC,
GR
No.
134913,January 19,2001)
3. A special election should be held if the
ballot
box
in
the
precinct
was
burned.(Hassan vs. COMELLEC,264 SCRA
125)
4. The destruction of the copies of the
election returns intended for the board of
canvassers is not a ground for the
declaration of failure of election as other
copies of the returns can be used (Sardea
5. The fact that less than 25% of the
registered voters voted does not constitute
failure of election, since voting took place.
(Mitmug vs. COMELEC,230 SCRA 54)
6. Lack of notice of the date and time of the
canvass, fraud, violence, terrorism, and
analogous
causes,
such
as
disenfranchisement of voters, presence of
flying voters, and lack of qualifications of
the members of the Board of Inspectors are
not grounds for declaration of failure of
election but for an election protest. (Borja

7. The fact that the names of some
registered voters were omitted from the list
of voters, strangers voted for some of the
registered voters, a candidate was credited
with less votes than he received, the control
data of some election returns were filled up,
the ballot boxes were brought to the
municipal hall without padlock and seals,
and that there was a delay in the delivery of
election returns are not grounds for the
declaration of failure of election. (Canicosa
8. An election cannot be annulled because
of the illegal transfer of a precinct less than
45 days before the election if the votes of
those who were not able to vote will not
alter the result. (Balindong vs. COMELEC,
260 SCRA 494)
9. There is no reglementary period for filing
a petition for annulment of an election if
there has as yet been no proclamation.
(Loong vs. COMELEC, 257 SCRA 1)
10. The COMELEC may decide a petition to
declare a failure of election en banc at the
first instance, since it is not a preproclamation case or an election protest.
(Borja vs. COMELEC, 260 SCRA 604)
In petitions to declare a failure of election
on the ground of fraud, theCOMELEC may
conduct a technical examination of election
documents and compare and analyze the
signatures and fingerprints of the voters.
(Loong vss. COMELEC,257 SCRA 1)
SPECIAL ELECTION TO FILL UP VACANCY
1. In case of permanent vacancy in
Congress at least one year before the
expiration of the term, the COMELEC shall
hold a special election not earlier than 90
days after the occurrence of the vacancy.
2. A vacancy in the Senate will be filled up

at the next regular election.(Section 4,RA
7166)
d. To obtain a certificate of the number of

votes cast for each candidate (Section 179,
BP881)
2. Citizens Arm
BOARD OF ELECTION INSPECTORS (BEI)

The Board of Election Inspectors shall be
composed of a chairman and two members,
all of whom are public school teachers.
To be given a copy of the election return to

be used for the conduct of an unofficial
count. (Section 1, RA 8045)
VIII. CASTING OF VOTES
If there are not enough public school

teachers, teachers in private schools,
employees in the civil service, or other
citizens of known probity and competence
may be appointed. (Section 13, RA 6646)
WATCHERS
Number
1. Official watchers
Every registered party or coalition of parties
and every candidate is entitled to one
watcher per precinct and canvassing
counter.
Candidates for the local legislature
belonging to the same party are entitled
collectively to one watcher.
Six principal watchers from 6 accredited
major political parties shall be recognized.
(Section 26, 7166)
2. Other watchers
The accredited citizens arm is entitled to
a watcher in every precinct.
Other civic organizations may be
authorized to appoint one watcher in every
precinct. (Section 180, BP 881)
Important rights of watchers
1. All watchers
a. To stay inside the precinct
b. To inform themselves of the proceedings
c. To file a protest against any irregularity
1. The chairman of the Board of Election

Inspectors should sign each ballot at the
back. The omission of such signature does
not affect the validity of the ballot.(Libanan
vs HRET,283 SCRA 520) Under the rules
prevailing during the 1997 Barangay
Elections, the failure to authenticate the
ballots shall no longer be cause for the
invalidation
thereof.
(Malabaguio
vs.
2. A voter who was challenged on the
ground that he has been paid for the vote
or made a bet on the result of the election
will be allowed to vote if he takes an oath
that he did not commit the act alleged in
the challenge. (Section 200,BP881)
3. An illiterate or physically disabled voter
may be assisted by a relative by affinity or
consanguinity within the fourth degree or
any person of his confidence who belongs to
the same household or any member of the
Board of Election Inspectors. (Section 196,
BP881)
4. It is unlawful to use carbon paper,
paraffin paper or other means for making a
copy of the contents of the ballot or to use
any means to identify the ballot.(Sec.
195,BP881). A ballot prepared under such
circumstances should not be counted.
(Gutierrez vs. Aquino, Feb,26,1959)
ABSENTEE VOTING
1. Members of the Board of Election
Inspectors and their substitutes may vote
in the precinct where they are assigned.
(Section 169, BP 881)
2. Absentee voting for President, Vpresident and Senators are allowed for
members of the AFP, PNP, and other
government
employees
assigned
in
connection with the performance of election
duties to places where they are not
registered. (Section 12, RA 7166)
RA NO. 9189 AN ACT PROVIDING FOR A
SYSTEM
OF
OVERSEAS
ABSENTEE
VOTING BY QUALIFIED CITIZENS OF THE
PHILIPPINES ABROAD
Sec. 5. Disqualification. The following
shall be disqualified from voting under this
Act:
a) Those who have lost their Filipino
citizenship in accordance with Philippine
laws;
b) Those who have expressly renounced
their Philippine citizenship and who have
pledge allegiance to a foreign country;
c) Those who have committed and are
convicted in a final judgment by a court or
tribunal of an offense punishable by
imprisonment of not less than one (1) year,
including those who have committed and
been found guilty of Disloyalty as define
under Article 137 of the Revised Penal
Code, such disability not having been
removed by plenary pardon or amnesty:
Provided, however, That any person
disqualified to vote under this subsection
shall automatically acquire the right to vote
upon expiration of five(5) years after service
of sentence; Provided further, That the
Commission may take cognizance of final
judgments issued by foreign courts or
tribunals only on the basis or reciprocity
and subject to the formalities and processes
prescribed by the Rules of court on
execution of judgments;
d) An immigrant or a permanent resident
who is recognized as such in the host
country, unless he/she execute, upon

registration, an affidavit prepared for the
purpose by the Commission declaring that
he/ she shall resume actual physical
permanent residence in the Philippine not
later than three(3) years from approval of
his/her registration under this Act. Such
affidavit shall also state that she/ he has
no applied for citizenship in another
country. Failure to return shall be cause for
the removal of the name of immigrant or
permanent resident from the National
Registry of Absentee Voters and his/her
permanent disqualification to vote in
absentia.
e) Any citizen of the Philippines abroad
previously declared insane or incompetent
by competent authority in the Philippines
or abroad, as verified by the Philippine
embassies, consulates or foreign service
establishments concerned, unless such
competent authority subsequently certifies
that such person is no longer insane or
incompetent.
SEC. 6 Personal Overseas Absentee
Registration. Registration as an overseas
absentee voter shall be done in person.
Qualified citizens of the Philippines abroad
who failed to register under Republic Act
No. 8189, otherwise known as The Voters
Registration Act of 1996, may personally
apply for registration with the Election
Registration
Board
of
the
city
or
municipality where they were domiciled
immediately prior to their departure from
the Philippines, or with the representative
of the Commission of the Philippine
embassies, consulates and other foreign
service
establishments
that
have
jurisdiction over the locality where they
temporarily reside. Subject to guidelines
herein provided, the Commission is hereby
authorized to prescribe procedures for
overseas absentee registration pursuant to
the provisions of Republic Act No. 8189,
whenever applicable, taking into strict

consideration the time zones and the
various periods and processes herein
provided for the proper implementation of
this Act. The embassies, consulates and
other foreign service establishments shall
transmit within five (5) days from receipt
the accomplished registration forms to the
Commission after which the Commission
shall coordinate with the Election Officer of
the city or municipality of the applicants
stated residence for verification, hearing
and annotation in the permanent list of
voters.
All applications for the May 2004 elections
shall be filed with the Commission not later
than two hundred eighty (280) calendar
days before the day of elections. For
succeeding elections, the Commission shall
provide for the period within which
applications to register must be filed.
In the case of seafarers, the Commission
shall provide a special mechanism for the
time and manner of personal registration
taking into consideration the nature of their
work.
6.1 Upon receipt of the application for
registration, the Election Officer shall
immediately set the application for hearing,
the notice of which shall be posted in a
conspicuous place in the premises of the
city or municipal building of the applicants
stated residence for at least one (1) week
before the date of the hearing. The Election
Officer shall immediately furnish a copy of
the
application
to
the
designated
representatives of political parties and other
accredited groups.
6.2 If no verified objection to the application
is filed, the Election Officer shall
immediately forward the application to the
Election Registration Board, which shall
decide on the application within one (1)
week from the date of hearing without
waiting for the quarterly meeting of the

Board. The applicant shall be notified of the
approval
or
disapproval
of
his/her
application by registered mail.
6.3 In the event that an objection to the
application is filed prior to or on the date of
hearing, the Election Officer shall notify the
applicant of said objection by registered
mail, and closing therein copies of affidavits
or documents submitted in support of the
objection filed with the said Election Officer,
if any. The applicant shall have the right to
file his counter-affidavit by registered mail,
clearly stating therein facts and defenses
sworn before any officer in the host country
authorized to administer oaths.
6.4 The application shall be approved or
disapproved based on the merits of the
objection, counter-affidavit and documents
submitted by the party objecting and those
of the applicant.
6.5 A Certificate of Registration as an
overseas absentee voter shall be issued by
the Commission to all applicants whose
applications have been approved, including
those certified as registered voters. The
Commission shall include the approved
applications in the National Registry of
Absentee Voters.
6.6 If the application has been approved,
any interested party may file a petition for
exclusion not later than two hundred ten
(210) days before the day of elections with
the proper municipal or metropolitan trial
court. The petition shall be decided within
fifteen (15) days after its filing on the basis
of the documents submitted in connection
therewith. Should the court fail to render a
decision within the prescribed period, the
ruling of the Election Registration Board
shall be considered affirmed.
6.7 If the application has been approved,
the
applicant
or
his
authorized
representative shall, within a period of five

(5) days from receipt of the notice of this
approval, have the right to file a petition for
inclusion with the proper municipal or
metropolitan trial court. The petition shall
be decided within five (5) days after its filing
on the basis of documents submitted in
connection therewith.
Qualified citizens of the Philippines abroad,
who have previously registered as voters
pursuant to Republic Act No. 8189 shall
apply for certification as absentee voters
and for inclusion in the National Registry of
Overseas
Absentee
Voters,
with
a
corresponding annotation in the Certified
Voters List.
Sec. 7. System of Continuing Registration.
The Commission shall ensure that the
benefits of the system of continuing
registration are extended to qualified
overseas absentee voters. Towards this end,
the Commission shall optimize the use of
existing
facilities,
personnel
and
mechanisms of the various government
agencies for purposes of data gathering,
data validation, information dissemination
and facilitation of the registration process.
Pre-departure programs, services and
mechanisms offered and administered by
the
Department
of
Foreign
Affairs,
Department of Labor and Employment,
Philippine
Overseas
Employment
Administration, Overseas Workers Welfare
Administration, 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,
subject to limitations imposed by law.
Sec.8 Requirements for Registration.
Every Filipino registrant shall be required
to furnish the following documents:
a) A valid Philippine passport. In the

absence of a valid passport, 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, or that the applicant is a holder
of a valid passport but is unable to produce
the same for a valid reason;
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;
Address of applicant abroad, or
forwarding address in the case of seafarers;
Where voting by mail is allowed, the
applicants mailing address outside the
Philippines where the ballot for absentee
voters will be sent, in proper cases; and
Name and address of applicants
authorized representative in the Philippines
for purposes of Section 6.7 and Section 12
hereof.
In the case of immigrants and permanent
residents not otherwise disqualified to vote
under this Act, 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. Such
affidavit shall also state that he/she has
not applied for citizenship in another
country.
The
Commission
may
also
require
additional data to facilitate registration and
recording. NO information other than those
necessary to establish the identity and
qualification of the applicant shall be
required.
Sec. 11 Procedure for Application to Vote in
Absentia.-
11.1 Every qualified citizen to the

Philippines abroad whose application for
registration has been approved, including
those previously registered under Republic
Act No. 8189, shall, in every national
election, file with the officer of the embassy,
consulate
or
other
foreign
service
establishment
authorized
by
the
Commission, a sworn written application to
vote in a form prescribed by the
Commission. The authorized officer of such
embassy, consulate or other foreign service
establishment shall transmit to the
Commission the said application to vote
within five (5) days from receipt thereof. The
application form shall be accomplished in
triplicate and submitted together with the
photocopy of his/her overseas absentee
voter certificate of registration.
11.2 Every application to vote in absentia
may be done personally at, or by mail to the
embassy, consulate or foreign service
establishment, which has jurisdiction over
the country where he/she has indicated
his/her address for purposes of th
elections.
11.3 Consular and diplomatic
rendered in connection with the
absentee voting processes shall
available at no cost to the
absentee voter.
services
overseas
be made
overseas
Sec. 12 . Verification and Approval of

Application to Vote.All applications shall be acted upon by the
Commission upon receipt thereof, but in no
case later than one hundred fifty (150) days
before the day of elections. In the event of
disapproval of the application, the voter or
his authorized representative may file a
Motion for Reconsideration with the
Commission personally, or by registered
mail, within ten (10) days from receipt of
the notice of disapproval. The Commission
shall act within five (5) days from receipt of
such Motion for Reconsideration and shall

immediately notify the voter of its decision.
The decision of the Commission shall be
final and executory.
Sec. 16. casting and Submission of Ballot.16.1 Upon receipt by7 the designated officer
of the embassy, consulate and other foreign
service establishments of the ballots for
overseas
absentee
voters,
voting
instruction, election forms and other
paraphernalia, he/she shall make them
available on the premises to the qualified
overseas absentee voters in their respective
jurisdiction during the thirty (30 ) days
before the day of elections when overseas
absentee voters may cast their vote.
Immediately upon receiving it, the overseas
voter must fill-out his/her ballot personally,
in secret, without leaving the premises of
the embassies, consulates and other
Foreign Service establishments concerned.
16.2 The overseas absentee voter shall
personally accomplish his/her ballot at the
embassy, consulate or other foreign service
establishment that has jurisdiction over the
country where he/she temporarily resides
or at any polling place designated and
accredited by the Commission.
16.3 The overseas absentee voter shall cast
his ballot, upon presentation of the
absentee voter identification card issued by
the Commission, within thirty (30) days
before the day of elections. In the case of
seafarers, they shall cast their ballots
anytime within sixty (60) days before the
day of elections. In the case of seafarers,
they shall cast their ballots anytime within
sixty (60) days before the day of elections as
prescribed in the Implementing Rules and
Guidelines.
16.4 All accomplished ballots received shall
be
placed
unopened
inside
sealed
containers and kept in a secure place

designated by the Commission.
16.5 The embassies, consulates and other
foreign service establishments concerned
shall keep a complete record of the ballots
for overseas absentee voters, specifically
indicating the number of ballots they
actually received, and in cases where voting
by mail is allowed under Section 17 hereof,
the names and addresses of the voters to
whom these ballots were sent, including
proof of receipt thereof. In addition, the
service establishments shall submit a
formal report to the Commission and the
Joint Congressional Oversight Committee
created under this Act within thirty (30)
days from the day of elections. Such report
shall contain data on the number of ballots
cast and received by the officers the
number of invalid and unclaimed ballots
and other pertinent data.
16.6 The overseas absentee shall be
instructed that his/her ballot shall not be
counted if it is not inside the special
envelope furnished him/her when it is cast.
16.7 Ballots not claimed by the overseas
absentee
voters
at
the
embassies,
consulates and other foreign service
establishments, in case of personal voting,
and ballots returned to the embassies,
establishments concerned, in the case of
voting by mail. Shall be cancelled and
shipped to the Commission by the least
costly method within six (6) months from
the day of elections.
16.8 Only ballots cast, and mailed ballots
received by the Philippine embassies,
establishments concerned in accordance
with Section 17 hereof before the close of
voting open the day of elections shall be
counted in accordance with Section 18
hereof. All envelopes containing the ballots

received by the embassies, consulates and
other foreign service establishments after
the prescribed period shall not b opened,
and shall be cancelled and shipped to the
Commission by the least costly method
within six (6) months from the day of
elections.
16.9 A special Ballot Reception and
Custody Group composed of three (3)
members shall be constituted by the
Commission from among the staff of the
service establishments concerned including
their attached agencies, and citizens of the
Philippines abroad, who will be deputized to
receive ballots and take custody of the
same preparatory to their transmittal to the
Special Boards of Election Inspectors.
16.10 During this phase of the election
process, the authorized representatives of
political parties, candidates, and accredited
citizens arms of the Commission shall be
notified in writing thereof and shall have
the right to witness the proceedings.
16.11 The Commission shall study the use
of electronic mail, internet, or other secured
networks in the casting of votes, and
submit a report thereon to the Joint
Congressional Oversight Committee.
Sec. 17. Voting by Mail.
17.1 For the May 2004 elections, the
Commission shall authorize by voting mail
in not more than three (3) countries,
subject to the approval of the Congressional
Oversight Committee. Voting by mail may
be allowed in countries that satisfy the
following conditions:
a.) Where the mailing system is fairly welldeveloped and secure to prevent occasion
for fraud;
b.) Where there exists a technically

established identification system that would
preclude multiple or proxy voting; and
c.) Where the system of reception and
custody of mailed ballots in the embassies,
establishments concerned are adequate and
well-secured.
Thereafter, voting by mail in any country
shall be allowed only upon review and
approval of the Joint Congressional
Oversight Committee.
17..2 The overseas absentee voter shall
send his/her accomplished ballot to the
corresponding embassy, consular or foreign
service establishment that has jurisdiction
over the country where he/she temporarily
resides. He/she shall be entitled to cast
his/her ballot at any time upon his/her
receipt thereof, provided that the same is
received before the close of voting on the
day of elections. The overseas absentee
voter shall be instructed that his/her
ballots shall not be counted if not
transmitted in the special envelope
furnished him/her.
17.3 Only mailed ballots received by the
Philippine embassy, consulate and other
foreign service establishments before the
close of voting on the day of elections shall
be counted in accordance with Section 18
hereof. All envelopes containing the ballots
received by the embassies, consulates and
other foreign service establishments after
the prescribed period shall not be opened,
and shall be cancelled and disposed of
appropriately, with a corresponding report
thereon submitted to the Commission not
later than thirty (30) days from the day of
elections.
Sec. 23. Security Measures to Safeguard
the Secrecy and Sanctity of Ballots.- At all
stages of the electoral process, the
Commission shall ensure that the secrecy
and integrity of the ballots are preserved.
The Committees on Absentee Voting of the

Commission shall be responsible for
ensuring the secrecy and sanctity of the
absentee voting process. In the interest of
transparency, all necessary and practicable
measures shall be adopted to allow
representation of the candidates, accredited
major political parties, accredited citizens
arms and non-government organizations to
assist, and intervene in appropriate cases,
in all stages of the electoral exercise and to
prevent any and all forms of fraud and
correction.
Sec. 24. Prohibited Acts. In addition to the
prohibited acts provided by law, it shall be
unlawful:
24.1 For any officer or employee of the
Philippine government to influence or
attempt to influence any person covered by
this act to vote, or not to vote, for a
particular candidate. Nothing in this Act
shall be deemed to prohibit free discussion
regarding politics or candidates for public
office.
24.2 For any person to deprive any person
of any right secured in this act or to give
false information as to his/her name,
address, or period of residence for the
purposes of establishing his/her eligibility
or ineligibility to register or vote under this
act; or to conspire with another person for
the purpose of encouraging the giving of
false information in order to establish the
eligibility or ineligibility of any individual to
register or vote under this Act; or, to pay, or
offer to pa, or to accept payment either fro
application to vote in absentia or for voting.
24. 3 For any person to tamper with the
ballot, the mail containing the ballots for
overseas absentee voters, the election
returns
including
the
destruction,
mutilation and manipulation thereof.
24.4 For any person to steal, destroy,

conceal, mutilate or alter any record,
document or paper as required for purposes
of this Act.
24.5 For any deputized agent to refuse

without justifiable ground, to serve or
continue serving, or to comply with his/her
sworn duties after acceptance of his/her
appointments;
24.6 For any public officer or employee who
shall cause the preparations, printing,
distribution of information material, or post
the same in website without the prior
approval of the Commission.
24.7 For any public employee to cause the
transfer, promotion, extension, recall of any
member of the foreign service corps,
including members of the attached
agencies, or otherwise cause movement of
any such member from his current post or
position one (1) year before and three (3)
months after the days of elections, without
securing the prior approval of the
Commission.
24.8 For any person who, after being
deputized by the Commission to undertake
activities
in
connection
with
the
implementation of this Act, shall campaign
for or assist, in whatsoever manner,
candidates in the elections.
For any person who is not citizen of the
Philippines to participate by word or deed,
directly or indirectly through qualified
organizations/associations, in any manner
and at any stage of the Philippine political
process abroad, including participation in
the campaign and elections.
The Provision of existing laws to the
contrary notwithstanding, and with due
regard to the Principle of Double
Criminality, the prohibited acts described
in this section are electoral offenses and

punishable in the Philippines.
The penalties imposed under Section 264 of
the Omnibus Election Code, as amended,
shall be imposed on any person found
guilty of committing any set of the
prohibited acts as defined I this section.
Provided, that the penalty or prision mayor
in its minimum period shall be imposed
upon any person found guilty of Section
24.3 hereof without the benefit of the
operation of the Indeterminate Sentence
Law. If the offender is a public officer or a
candidate, the penalty shall be prision
mayor in its minimum period. In addition,
the offender shall be sentenced to suffer
perpetual disqualification to hold public
office and deprivation of the right to vote.
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, shall be
penalized by imprisonment of not less than
one (1) year, and shall be deemed
disqualified as provided in Section 5 (c) of
this Act. His/her passport shall be stamped
not allowed to vote.
IX COUNTING OF VOTES
MANNER
1. The Board of Election Inspectors shall
read the ballots publicly and shall not
postpone the count until it is completed.
(Section 206, BP 881)
2. The Board of Election Inspectors shall
assume such positions as to provide the
watchers and the public unimpeded view of
the ballot being read. (Section 25, RA 7166)
3. If on account of violence or similar
causes it becomes necessary to transfer the
counting of the votes to a safer place, the
BEI may effect the transfer by unanimous
approval of the board and concurrence of a

majority of the watchers present. (Section
18, RA6646)
4. Where a commotion resulted in
suspension of the counting, the BEI may
recount the ballots. (Dayag vs. Alonzo)
c) Evidence aliunde is not necessary to

prove a ballot as marked. (Bacobo vs.
d) A ballot in which a sticker was stuck by
another person to invalidate it should not
be rejected. (Lerias vs. HRET,202 SCRA
808)
SPECIAL PROBLEMS
RULES FOR APPRECIATION OF BALLOTS
1. Excess Ballots
If there are excess ballots, the poll clerk
shall draw out as many ballots equal to the
excess without seeing them, and the excess
ballots shall not be counted. (Section 207,
BP881)
2. Spoiled ballots
Ballots in the compartment for spoiled
ballots are presumed to be spoiled ballots.
If the BEI finds that a valid ballot was
erroneously deposited in the compartment
for spoiled ballots. It shall be counted.
(Section 209, BP881)
3. Marked Ballot
a) Marked ballots shall not be counted
(Section 208, BP881)
b) A ballot is considered marked in any of
the following cases:
The voter signed the ballot. (Ferrer vs De
Alban, 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, actresses and national political
figures. (Protacto vs. De Leon, 9 SCRA 472)
The
ballot
contains
irrelevant
expression.(Bautista vs. Castro,206 SCRA
305). However, the use of nicknames and
appellations of affection and friendship, if
accompanied by the name of the candidate
does not annul the ballot except when it is
used to identify the voter. (Section 211 (13),
BP811)
1. A ballot in which the first name or

surname of a candidate is written should be
counted for him, if there is no other
candidate with the same name. (Lerias vs.
HRET,202 SCRA 808)
2. If only the first name of a candidate is
written and it sounds like the surname of
another candidate, the vote shall be
counted in favor of the latter.
3. If there are two or more candidates with
the same name and one of them is
incumbent, the vote shall be counted in
favor of the incumbent.
4. When two or more words are written on
different lines which are the surnames of
two or more candidates with the same
surname of an office for which the law
authorizes the election of more than one,
the vote shall be counted in favor of all the
candidates. With the same surname.
5. When the word written is the first name
of one candidate and the surname of
another candidate, the vote shall be
counted for the latter.
6. If the ballot contains the first name of

one candidate and the surname of another,
the vote shall not be counted for either.
7. An incorrectly written name which
sounds like the correctly written name of a
candidate shall be counted in his
favor(Bautista vs Castro,206 SCRA 606)
8. If the word written is the incidental name

of two or more candidates for the same
office none of whom is incumbent, the vote
shall be counted in favor of the candidate
who belongs to the same ticket as all other
candidates voted for in the ballot for the
same constituency.
9. The erroneous initial of the first name
accompanied by the correct surname of a
candidate or the erroneous initial of the
same accompanied by the correct first
name of a candidate shall not annul the
vote in his favor.
10. A ballot in which the correct first name
but wrong surname of a candidate is
written or the correct surname but wrong
first name of a candidate is written ,shall
not be counted in his favor.
11. Where a candidate named Pedro
Alfonso died on the eve of the election and
his daughter Irma Alfonso substituted him,
ballots in which the name Pedro alfonso
was written cannot be counted in her favor.
(Afonso vs. COMELEC,232 SCRA 777)
12. If two or more candidates were voted for
in an office for which the law authorizes the
election for only one, the vote shall not be
counted in favor of any of them.
13. If the candidate voted for exceed the
number of those to be elected, the votes for
the candidates whose names were firstly
written equal to the number of candidates
to be elected shall be counted.
14. Even if the name of a candidate was
written on the wrong space, it should be
counted if the intention to vote for him can
be determined, as when there is a complete
list of names of other offices written below
his name or the voter wrote the office for
which he was electing the candidate.
(Cordero vs.Moscardon,132 SCRA 414)
STRAY BALLOT
Rule 14 of section 211 of the Omnibus
Election Code considers three kinds of votes
as stray: (1) a vote containing initials
only,(2) a vote which is illegible, and ( 3) a
vote which does not sufficiently identify the
candidate for whom it is intended.
(Villarosa vs. HRET,340 SCRA 396)
The rule is in favor of the validity of the
ballot, not otherwise The appearance of
print and script writings in a single ballot
does not necessarily imply that two persons
wrote the ballot
Paragraph 18,section 149 of the REC,
provides that unless it should clearly
appear that it has been deliberately put by
the voter to serve as identification mark,
the use of two or more kinds of writing shall
be considered innocent and shall not
invalidate a ballot..
Under Section 211(19 ) of the OEC, any
vote in favor of a person who has not filed a
certificate of candidacy or in favor of a
candidate for an office for which he did not
present himself shall be considered as an
astray vote, but it shall not invalidate the
whole ballot The unexplained presence of
prominent letters and words written with
remarkably good hand marked the ballots
and must be considered invalid
When in a space in the ballot there appears
a name of candidate that is erased and
another clearly written, the vote is valid for
the latter incorrect spelling of a
candidates name does not invalidate the
ballotfor even the most literate person is
bound to commit a mistake in spelling.
(Ong vs. COMELEC, 347 SCRA 681)
CORRECTION OF RETURNS
X. CANVASSING AND PROCLAMATION
1. Before the announcement of the results
of the election in a precinct, any correction
or alteration in the election returns must be
initialed by all members of the BEI.
2. After the announcement of the results in
a precinct, the authorization of the
COMELEC is needed to make any
correction or alteration.
If the petition is by all members of the
BEI, the results of the election will not be
affected, and none of the candidate affected
objects, the COMELEC, upon being
satisfied of the veracity of the petition, shall
order the correction.
If a candidate affected by the petition
objects and the correction will affect the
results of the election, the COMELEC shall
order a recount of the votes, if it finds the
petition meritorious and the integrity of the
ballot box has not been violated (section
216, BP 881)
WHAT CONSTITUTE AN ELECTION
CANVASSING BODIES
1. Congress
a. President
b. vice president
2. COMELEC
a. Senators
b. Regional Officials
3. Provincial board of canvassers
a. Congressman
b. Provincial officials
4. District Board of Canvassers in each
legislative district in Metro Manila
a. Congressman
b. Municipal official
5. City and Municipal Board of Canvassers
a. Congressmen
b. City and municipal officials
6. Barangay Board of Canvassers
a. Barangay officials
SUPERVISORY POWER OVER THE BOARD
The COMELEC exercises direct supervision
and control over the proceedings before the
board
of
canvassers
(Mastura
vs.
Plurality of votes sufficient for choice

Not necessary that a majority of voters
should vote
CERTIFICATE OF VOTES
The BEI shall issue a certificate of the
number of votes received by a candidate
upon request of a watcher. (Section 16,
RA6646)
The certificate of votes is admissible in
evidence to prove anomaly in the election
return when authenticated by testimony or
documentary evidence of at least two
members of the BEI.
NATURE OF
CANVASSERS
DUTY
OF
BOARD
OF
1. Ministerial- it has only the ministerial

task of tallying the votes as reported in the
election returns and declare the results,
and cannot exercise the judicial power of
deciding an election contest. The correction
of
the
manifest
mistake
in
the
mathematical addition calls for a mere
clerical task on the part of the board. The
remedy
is
purely
administrative.
(Tatlonghari vs. COMELEC,199 SCRA 199)
2. Quasi-Judicial- The Comelec exercises
judgment or discretion to determine
whether any given return before it is
genuine in connection with the canvass of

votes.
PROCEDURE
1. The COMELEC has direct control and
supervision over the board of canvassers
except congress. It may motu proprio
relieve at any time and substitute any
member of the board of canvassers. (section
227, BP 881)
A municipal court has no jurisdiction to
restrain the municipal board of canvasser.
(Librados vs. Casar,234 SCRA 13)
2. Manner of delivery of election Return
a. The BEI shall personally deliver to the
city or municipal board of canvassers the
copy of the election returns intended for
them sealed in an envelop, signed and
thumbmarked by the members of the BEI.
The fact that an election return was not
locked in the ballot box when it was
delivered to the board of canvassers is not
ground for excluding it in the absence of
proof that it was tampered with (Pimentel
vs. Comelec,140 SCRA 126)
b. The BEI shall personally deliver to the
provincial and district board of canvassers
the copy of the election returns intended for
them to the election registrar.
c. Watchers have the right to accompany
the members of the BEI and the election
registrar during the delivery of the election
returns to the board of canvassers. (section
229, BP 881)
RIGHTS OF CANDIDATES
1. Every registered political party and
candidate is entitled to one watcher in the
canvassing center, but candidates for the
local legislative bodies belonging to the
same party are entitled collectively to one
watcher. The fact that the watcher of a
candidate was not present when the

canvassing was resumed because he was
notified is not a ground to annul the
canvass. (Quilala vs. COMELEC,188 SCRA
902)
2. Any registered political party and
candidate has the right to be present and to
counsel
a. only one counsel may argue for each
party of candidate; no dilatory action shall
be allowed
3. Problem areas
a. Lost return
If any election return has been lost, upon
prior authority of the COMELEC, the board
of canvassers may use authentic copy of it
or a certified copy of it issued by the
COMELEC(Section 233,BP 881). It is not
necessary that all the other copies shall be
considered.
If an election return is missing a recount
should not be ordered if there is any
authentic
copy
available(Ong
vs.
If all copies of the Election returns were
lost, a recount of the ballots should be
made.
The certificate of votes signed by the BEI
and tally board cannot be used for the
canvass, because only election returns are
evidence of the results of the election.
(Garay vs COMELEC, 262 SCRA 222)
b. Omission in the return
in case of an omission in the election
return of the names of a candidate or his
votes, the board of canvassers shall require
the BEI to complete it.
If the votes omitted cannot be ascertained
except by recounting the ballots, after
ascertaining the integrity of the ballot has
not been violated, the COMELEC shall
order the BEI to count the votes for the
candidate whose votes were omitted and to
complete the return. Since the omission of
the election return on the number of votes
certain candidates received is not a
discrepancy, a recount of the vote should

be ordered instead of excluding the election
return in the canvassing. (Patoray vs.
c. 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, the board shall
use the other copies of the election return.
If the other copies of the election returns
were also tampered with or falsified or
prepared under duress or by persons other
than the BEI, the COMELEC after
ascertaining that the integrity of the ballot
box has not been violated,shall order the
BEI to recount the votes and prepare a new
return.
If the certificate of canvass was tampered
with, the COMELEC may order that any of
the copies of the election returns be used in
making a new canvass.(Mastura vs.
Since an election return prepared without
counting the ballots is a fabrication, it
should not be counted and a count of the
ballot should be ordered.( Lucero vss.
d. Discrepancies in returns
If there are discrepancies in the other
authentic copies of the return or in the
words or figures in the same return and it
will affect the result of the election, the
COMELEC, after ascertaining that the
integrity of the ballot box has not been
violated, shall order the recount of the
ballots.
If there is discrepancy between the tally and
the written figures in the election return, it
should be excluded from the canvassing
and a recount of the ballots should be made
or the certificate of votes cast in the
precinct should be used. (Patoray vs.
PROCLAMATION
1. An incomplete canvass of votes is illegal
cannot be a basis of a valid proclamation
(Samad vs. COMELEC,224 SCRA631,Loong
vs. COMELEC,257 SCRA 1) a canvass
cannot be reflective of the true vote of the
electorate unless all returns are considered
and none is omitted (Caruncho III vs.
2. If the questioned election returns will not
affect the result of the election, a
proclamation may be made upon the order
to the COMELEC after notice and hearing.
3. A proclamation made where the
contested returns set aside will affect the
result of the election and the board of
canvassers proceeded to proclaim without
the authority from the COMELEC is null
and void. (Sema vs. COMELEC,347 SCRA
633)
4. The mere filing of a petition for
disqualification is not a ground to suspend
the proclamation of the winning candidatein the absence of an order suspending
proclamation, the winning candidate who is
sought to be disqualified is entitled to be
proclaimed as a matter of law. (Bagatsing vs
CCOMELEC,320 SCRA 817)
5. Filing of pre-proclamation controversy
under 2448 of BP881 is not the only
grounds
for
the
suspension
of
proclamation.
6. The proclamation of a winning candidate
cannot be annulled if he has not been
notified of the motion to set aside his
proclamation.
(Caruncho
vs.
7. The fact that the candidate who obtained
the highest number of votes is later
declared to be disqualified or nor eligible for
the office to which he was elected does not
necessarily entitle the candidate who
obtained the second highest number of
votes to be declared the winner of the
elective office To allow the defeated and
repudiated to take over the mayoralty
despite the rejection by the electorate is to

disenfranchise the electorate without any
fault of their part and to determine the
importance and meaning of democracy and
the peoples right to elect officials of their
choice Court a quo correctly held that the
second placer lost the elections and was
repudiated by either a majority or plurality
of voters. (Loreto vs. Brion,311 SCRA 694)
TIE
1. A tie among two or more candidates for
president or vice president shall be broken
by majority vote of both houses of congress
voting separately (Section 4. ART VII, PHIL
CONTN)
2. In the case of other positions, the ties
shall be broken by the drawing of lots.
FAILURE TO ASSUME OFFICE If a
candidate fails to take his oath of office
within 6 months from his proclamation,
unless for a cause beyond the control of the
elected official, his office will be considered
vacant. (section 12, BP 881)
XI PRE-PROCLAMATION CASES
A. Definition; coverage
Pre-proclamation controversy refers to any
question pertaining to or affecting the
proceedings of the board of canvassers
which may be raised by any candidate or by
any registered political party or coalition of
political parties before the board or directly
with the Commission, or any matter raised
under sections 233,234,235 and 236 in
relation to the preparation, transmission,
receipt, custody and appreciation of the
election returns. (Chu vs. COMELEC,319
SCRA 482)
In pre-proclamation controversy, the board
of canvassers and the COMELEC are not to
look beyond or behind election returns
which are on their face regular and
authentic returns.(CHU,supra)
A pre-proclamation controversy is limited to

an examination of the election returns on
their face- The COMELEC as a general rule
need not go beyond the face of the returns
and
investigate
alleged
election
irregularities.
To require the COMELEC to examine the
circumstances surrounding the preparation
of the returns would run counter to the rule
that a pre-proclamation controversy should
be summarily decided.
Where the resolution of the issues raised
would require the COMELEC to pierce the
veil of election returns that appear prima
facie regular, the remedy is a regular
election protest.
The office of pre-proclamation controversy
is limited to incomplete, falsified or
materially defective returns which appear
as such on the face. (Sebastian VS
B. JURISDICTION
1. Questions involving the legality of the
composition or proceeding of the board of
canvassers, except congress, may be raised
initially in the board of canvassers or the
COMELEC.(SEC 15 and 17, RA 7166)
2. Questions involving the election returns
and certificate of canvass should be
brought in the first instance before the
board of canvassers only (Section 17, RA
7166)
C.
SCOPE
OF
CONTROVERSY
PRE-PROCLAMATION
ISSUES
1. Provincial, city and municipal officials
d. The composition of the proceeding of the
board of canvassers is illegal
e. The returns are incomplete, contain
material defects, appear to be tampered
with or falsified or contain discrepancies in
the same returns or in other authentic
copies;
f. The returns were prepared under duress

or are obviously manufactured or not
authentic;
g. Substitute or fraudulent returns were
canvassed, the result of which materially
affect the standing of the aggrieved
candidate.
3. President, vice president, senators,

congressmen and barangay officials
No pre-proclamation case is allowed
regarding the preparation, transmission,
receipt, custody and appreciation of the
election
return
or
certificate
of
canvass.(Chaves vs COMELEC,211 SCRA
315)
ERRORS IN THE CERTIFICATE OF
CANVASS
Correction of manifest errors has reference
to errors in the election returns, in the
entries of the statement of votes by
precinct/per municipality, or in the
certificate of canvass a manifest clerical
error is one that is visible to the eye or
obvious to the understanding, and is
apparent from the papers to the eye
appraiser and the collector, and does not
include an error which may, by evidence
dehors the record to be shown to have been
committed. (Trinidad vs. COMELEC,320
SCRA 836)
1. While the first sentence of section 15 of
RA 7166 prohibits candidates in the
presidential, Vice presidential, senatorial
and congressional elections from filing preproclamation case, the second sentence
allows the filing of petitions for correction of
manifest errors in the certificate of canvass
or election returns even in elections for
president, vice-president, senators and
members of the House of Representatives
for the simple reason that the correction of
manifest error will not prolong the process
of canvassing nor delay the proclamation of

the winner in the election. (Sandoval vs.
2. The canvassing body may motu proprio
or upon petition of an interested party
correct manifest errors in the certificate of
canvass or election return. (Sec 15,
RA7166)
i. A copy of an election return or certificate
of canvass was tabulated more than once.
ii. Two or more copies of the same election
return or certificate of canvass were
tabulated separately.
iii. There was a mistake in copying the
figures into the statement of votes or
certificate of canvass.
Errors in addition in the certificate of
canvass may be corrected. (Ong vs
iv. 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, since election returns are what are
supposed to be the basis of the canvass.
(Ramirez vs. COMELEC,270 SCRA 390)
STATISTICAL IMPROBABILITIES
An election return which is statistically
improbable is obviously fabricated and
should not be counted.
i. Where the votes cast in 50 precincts for
the candidates for senators of one party
equalled the number of registered voters, all
the candidates for senators of that party
received the same number of votes, and all
the candidates for senators of the opposing
party got no votes, the election returns are
statistically improbable and are obviously
fabricated.(Lagumbay vs. Climaco, 16 SCRA
175)
ii. Where only one candidate of a party got
all the votes in some precincts and his
opponent got zero, the other candidates for
the other party for other positions received

votes, the number of votes cast were less
than the number of registered voters, the
election returns are not statistically
improbable. (Sangki vs COMELEC, 21
SCRA 1391)sss
iii. The mere fact that a candidate receive
overwhelming majorities over another
candidate in numerous precinct does not
make the election return statistically
improbable. (Ilarde vs. 31 SCRA71)
iv. 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.(Doruelo
vs.
COMELEC ,133 SCRA 376)
v. The bare fact that candidate for public
office had received zero vote is not enough
to make returns statistically improbable
(Ocampo vs.COKELRC,325SCRA 636)
v. Standing alone without more, 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,
the utmost care being taken lest in
penalizing the fraudulent and corrupt
practices,
innocent
voters
become
disenfranchisedThe doctrine of statistical
improbability involves a question of fact
and more prudential approach prohibits its
determination
ex
parte.(Velayo
vs.
COMELEC,327 SCRA713)
ISSUES NOT RESOLVABLE IN
PROCLAMATION CONTROVERSY
PRE-
1. Issues involving the casting or the

counting of the ballots are not proper in
pre- proclamation cases.
a) The use of illegal election propaganda,
vote-buying and terrorism of the voters are
not proper issues in a pre-proclamation
case. (Villegas vs. COMELEC, 99 SCRA

5892)
b) Questions on the appreciation of the
ballots can not be raised in preproclamation case. (Alfonso vs.COMELEC,
232 SCRA 777)Thus, 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.(Chavez vs. COMELEC, 211 SCRA 315)
Likewise, the claim that some ballots were
spurious, marked or invalid cannot be
raised in a pre- proclamation case. (Pataray
c) Terrorism of voters, voting by flying
voters, deprivation of the right to vote of
registered voters and vote buying cannot be
raised in a pre-proclamation case (Allarde
d) Vote buying and secrecy in the
preparation of ballots are not proper
grounds for pre-proclamation case (Salazar
e) The claim that the voters were allowed to
vote without verifying their identities, that
there were discrepancies between the
signatures in the voter\s affidavits and the
voting record, and third persons falsely
voted for voters who did not vote are not
proper issues in a pre-proclamation case
(Dipatuan vs. COMELEC,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.
(Balindong
vs.
COMELLEC,260 SCRA 294)
g) The padding of the list of voters cannot
be raised in a pre-proclamation case, since
it does not involve the election return.
(Ututahan vs. COOOMELEC,189 SCRA
335)
h) The fact that the voting was sham or
minimal is not a ground for filing a preproclamation case, since this is properly
cognizable in an election protest.(Salih vs.
i) To look beyond or behind election returns

is not a proper issue in pre-proclamation
controversy (Ocampo vs. COMELEC, 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, as these are irregularities that do not
appear on the face of the election returns.
(Matalam vs. COMELEC,271 SCRA 733)
2. Administrative lapses which do not affect
the authenticity of an election return
cannot serve as basis for annulling the
election return.
a) The failure to close the entries in the
election returns with the signature of the
BEI, lack of seals, absence of time and date
of receipt of election return by the board of
canvassers, lack of signature of watchers of
the petitioner, and the lack of authority of
the person who received the election
returns do not affect the authenticity of the
returns. (Baterina vs. COMELEC,205 SCRA
1)
b) The absence of the signature of the
claimant of the BEI on the voters affidavits,
list of voters and voting records, absence or
excess
of
detachable
coupons,
discrepancies between the member of
detachable coupons and the number of
ballots, missing voters lists are mere
administrative omissions and cannot be
used as basis to annul an election return.
(Arroyo vs. HRET, 246 SCRA 384)
3. Where the threats of the followers of a
candidate did not affect the genuineness of
an election return, it should not be
excluded (Salvacion vs. COMELEC,170
SCRA 513)
SUMMARY
DISPOSITION
OF
PROCLAMATION CONTROVERSY
PRE-
1. Summary proceedings cannot be

stretched to mean ex parte proceeding-
summary simply means with dispatch, with

the least possible delay, signifying that the
power may be exercised without trial in the
ordinary manner prescribed by law for
regular
judicial
proceedings.(Velayo
vs.Comelec,372 SCRA 713)
2. RA 7166 explicitly provides that it is only
on the basis of the official records that the
COMELEC can decide the pre-proclamation
controversy in a summary manner. (Velayo
3. All pre-proclamation controversies on
election returns or certificates of canvass
shall be disposed of summarily-first by the
record of canvassers and then. By the
COMELEC. (Chu vs. COMELEC, 319 SCRA
482)
A. Procedure in contested composition or
proceeding of the Board of Canvassers
The illegality of the composition of the
board of canvassers cannot be questioned
after the proclamation of the winner, since
it must be raised immediately. (Laodenio vs.
The ruling of the board of canvassers on
question affecting its composition or
proceeding may be appealed to the
COOMELEC in 3 days.(Section 19 RA 7166)
B. Procedure in case of contested returns
1. Objections to an election return shall be
submitted orally to the chairman of the
board of canvassers at the time the return
is presented for inclusion in the canvass
and shall be entered in the form for written
objection(Sec 20 (a) and (c),RA 7166)
a. An objection made after the canvass is
late.(Guiao
vs
/comelec,137
SCRA
356,Navarro vs COMELEC,228 SCRA 596)
b. a petition for correction of the statement
of votes may be filed after the proclamation
of the winner, although no objection was
made during the canvass, as error was
discovered only after the petitioner got a
copy of the statement of votes. (Duremdes

vs. COMELEC,178 SCRA 746). It must be
filed not later than 5 days after the
proclamation.(Section 5(b), Rule 27 of
COMELEC rules of procedure)
However, 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. (Mentang vs.
Under the COMELEC Rules of procedure, a
petition for correction of the certificate of
canvass may be filed even before the
proclamation of the winner. (Bince vs.
Comelec,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,
since it does not involve an election protest
or a pre-proclamation case (Ramirez vs.
The COMELEC has the power to order the
correction of the statement of votes to make
it conform to the election returns.
(Castromayor vs. COMELEC,250 SCRA 298)
2. The canvass of any contested return
shall be deferred and the board of
canvasser shall proceed to canvass the
uncontested return (Section 20(b),RA 7166)
3. Within 24 hours, the objecting party
shall submit evidence in support of the
objections.
4. Within 24 hours after presentation of the
objection, a party may file a written
opposition and attach the supporting
evidence.(Section 20c, RA 7166)
5. The board of canvassers shall summarily
rule in the contested returns (Section
20(d),RA 7166)
6. A party who intends to appeal should
immediately
inform
the
board
of
canvassers. 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. (section

20(f),RA 7166)
a. Appellate jurisdiction
The RTC has NO jurisdiction to review the
decision of the municipal board of
canvassers to correct a certificate of
canvass.(Cabanero vs CA)
The RTC has no jurisdiction to compel the
municipal board of canvassers, which
suspended the proclamation because of a
possible discrepancy in the election return,
to make a proclamation. (In re COMELEC
Resolution no.2521,234 SCRA 1)
b. 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, a late appeal should
be allowed. (Benito vs. CCOMELLEC,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.(Sardea vs. COMELLEC,225 SCRA
374)
7. The COMELEC shall decide the appeal
within 7 days from receipt of the records,
and the decision shall be executory after 7
days from receipt by the losing party.
(Sections 18 and 20(f), RA 7166)
TERMINATION
CASE
OF
PRE-PROCLAMATION
Once a proclamation has been made, the

pre-proclamation case is no longer viable
and should be dismissed (Sardea vs.
COMELEC). However this rule presupposes
the proclamation is valid. It does not apply
if the proclamation is void, because it was
based on incomplete returns.(Matalam vs.

COMELEC 271 SCRA 733). The same holds
true if the returns were manufactured.
(Agbayani vs. COMELEC,186 SCRA 464).
The same hols true where the computation
of votes was erroneous. (Mentang vs.
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, and the rulings of the
board of canvassers shall be deemed
affirmed, without prejudice to the filing of
an election protest by the aggrieved party.
(Penaflorida vs. COMELEC,282 SCRA 241
And Barroso vs Ampig,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. (Matalam vss. COMELEC,271
SCRA 733)
EFFECT OF FILING AN
PROTEST,QUO WARRANTO
ELECTION
1. As a general rule, the filing of an election

protest or a petition for quo warranto
precludes the subsequent filing of a preproclamation controversy, or amounts to
the abandonment of one earlier filed.
(Maruhom vs. COMELEC,331 SCRA 473)
2. 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, if he did not
explain why.(Laodenio vs. COMELEC,276
SCRA 405)
3. The rule that the filing of a protest
implies
abandonment
of
the
preproclamation case does not apply if:
i. The protest was filed as a precautionary
measure (Mitmug vs. COMELEC,230 SCRA
54)
ii. The board of canvassers was improperly
constituted, as when the Municipal
Treasurer took over the canvassing without
having been designated.

(Saman
vs.
CONTINUANCE OF THE CASE

If the petition appears meritorious on the
basis of the evidence presented so far, the
COMELEC or the SC may order the case to
continue. (Section 16, RA 7166)
PROCLAMATION
1. The Board of Canvassers shall not make
any proclamation without any authorization
from
the
COMELEC
(Jamil
vs
2. Proclamation may be made if the
contested returns will not adversely affect
the results of the elections. (Section 20 (i),
RA 7166)
3. The COMELEC
may order the
proclamation of other winning candidates
whose election will not be affected by the
pre-proclamation case. (Section 21, RA
7166)
4. A candidate for mayor who finished
second cannot be proclaimed simply
because the candidate who received the
highest number of votes died, since he was
not the choice of the people. (Benito vs.
5. 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. (Sunga vs. COMELEC,288 SCRA
76)
ANNULMENT OF PROCLAMATION
1. 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.(Torres
vs.
2. Where the COMELEC, without prior
notice
and
hearing,
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, the expedient action to take is to
direct the Municipal Board of Canvassers to
reconvene and. after notice and hearing in
accordance with rule 27, section 7 of the
COMELEC Rules of Procedure, to effect the
necessary correction, if any, in the election
returns and, on the basis thereof, proclaim
the winning candidate or candidates as
members of the Sangguniang Bayan(
Angelia vs. COMELEC,332 SCRA 757)
3. 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
candidates
proclamation. (Velayo vs.
4. 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. (Lonzanida vs. COMELEC, 311 SRA
602)
ELECTION CONTESTS
A. Jurisdiction
1) Supreme Court (Presidential Electoral

Tribunal)
1.
President
Vice-President ( Sec. 4, Art VII, Phil.
Const)
2) Senate Electoral tribunal
Senators (Sec 17, Art VI, PC)
3) House
Tribunal
of
Representatives
Electoral
Congressmen ( Sec 17, Art VI, PC;

Sampayan vs. Daza, 213 SCRA 807)
4) Commission on Elections
Regional Officials
Provincial Officials
City Officials ( Sec 2(2). Art IX-C, PC; Sec
249 BP 881)
5) Regional Trial Court
Municipal Officials ( Sec 2(2), Art IX-C,
PC; Sec 251, BP 881, Papandayan vs.
COMELEC , 230 SCRA 469)
6) Metropolitan Trial Court, Municipal
Circuit Trial Court, and Municipal Trial
Court
Barangay Officials [ Sec 2(2), Art IX-C, PC;
Sec 252 BP 881; Regatcho vs. Cleto, 126
SCRA 342]
Sangguniang Kabataan ( Sec 1, RA 7166)
B. Action which may be filed
i. Election Protest
Requisites:
i. Must be filed by any candidate who has
filed a certificate of candidacy and has been
voted upon for the same office.
ii. On ground of fraud, terrorism,
irregularities or illegal acts committed
before, during or after the casting and
counting of votes
iii. Within 10 days from the proclamation of
the results of the election.
ii. Quo Warranto

Requisites:
i. Filed by any registered voter in the
constituency
ii. On grounds of ineligibility or disloyalty to
the Republic of the Philippines
iii. Within 10 days from the proclamation of
the results of the election
C Procedure
1. Period of filing contest
a. Periods
i. President and Vice-President
1) Protest- 30 days ( Rule 14, Rules of
Presidential Electoral Tribunal)
2) Quo Warranto- 10 days ( Rule 15, Rules
of Presidential Electoral Tribunal)
ii. Senators
1) Protest 15 days ( Rule 14, Revised
Rules of Senate Electoral Tribunal)
2) Quo Warranto 10 days ( Rule 15,
Revised Rules of Senate Electoral Tribunal)
iii. Congressmen- 10 days ( Rule 16 and
17.1998 Rules of House of Representatives
Electoral Tribunal)
iv. Regional, provincial and city officials-10
days ( Sec 250 and 253, BP 881; Republic
vs. Dela Rosa, 232 SCRA 78)
v. Municipal Officials- 10 days ( Secs 251
and 253, BP 881)
vi. Barangay Officials 10 days ( Sec 252
and 253, BP 881)
vii. Sangguniang Kabataan- 10 days ( Sec
1, RA 7808)
b. Exceptions
i. 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.
(Sec 248, BP 881; Gatchalian vs CA , SCRA
208)
ii. If the dismissal was elevated to the
Supreme Court , the period does not run
until receipt of the dismissal by the
Supreme Court, because review by the
Supreme
Court
is
part
of
the
proceeding.(Gallardo vs Rimando, 187

SCRA 463)
iii. The running of the reglementary period
to file an election protest is tolled by a
partys elevation to the Supreme Court of a
COMELEC
decision
resolution
of
proclamation case. ( Roquero vs COMELEC
, 289 SCRA 120)
iv. 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, 283 SCRA 505)
v. Since the filing of a pre-proclamation
case merely suspends the running of the
period to file an election protest, only the
balance of the period is in case of dismissal.
( Roquero vs COMELEC , 289 SCRA 150)
vi. Where the evidence of the lack of Filipino
citizenship of a provincial official was
discovered only 18 months after his
proclamation, the quo warranto case
should be allowed even if it filed more than
10 days after his proclamation. ( Frivaldo vs
COMELEC , 174 SCRA 245)
2. Protestant or Petitioner
President and Vice-President
i. protest- Candidate with second or third
highest number of votes ( Rule 14, Rules of
Presidential Electoral Tribunal)
ii. Quo Warranto- any voter ( Rule 15, Rules
Senator
i. Protest- any candidate ( Rule 14, Revised
ii. Quo Warranto- any voter ( Rule 15, 1998
Congressmen
i. Protest- any candidate
ii. Quo Warranto- Any voter ( Rule 17, 1998
Rules of House of Representatives Electoral
Tribunal)
Regional, provincial, City Officials

i. Protest- any candidate ( Sec 250, BP 881)
ii. Quo Warranto- any voter ( Sec 253, BP
881)
Municipal Officials
i. Protest- any candidate- ( Sec 251 ,
881)
ii. Quo Warranto- any voter ( Sec 253,
881)
Barangay Officials
i. Protest- any candidate- ( Sec 252,
881)
ii. Quo Warranto- any voter ( Sec 253,
881)
BP
BP
BP
Bp
Payment of Docket Fee

When the protestant included a claim for
attorneys fees in his protest and paid the
docket fee for his claim for attorneys fees
but did not pay the basic docket fee for the
election protest , the election protest should
be dismissed. ( Gatchalian vs CA, 245
SCRA 208)
Allegations in Protest
An election protest should contain the
following jurisdictional allegations:
The protestant is a candidate who duly
filed a certificate of candidacy and was
voted for in the election
The protestee has been proclaimed elected
The date of proclamation ( Miro vs
An election protest which does not specify
the precinct where the alleged irregularities
occurred is fatally defective . (Pena vs HRET
, 270 SCRA 340)
Substantial compliance is sufficient .
Thus the following allegations sufficiently
comply with the first requirement.
The protestant received a certain number
of votes ( Anis vs Contreras, 55 Phil 929)
The protestant finished second in the

election ( Ali vs CFI of Lanao, 80 Phil 506)
The protestant was a candidate voted for
in the election with a valid certificate of
candidacy for mayor ( Pamania vs Pilapil,
81 Phil 212)
The protestant was one of the registered
candidates voted for and he received a
certain number of votes ( Jalandoni vs
Sarcon, 94 Phil 266)
The protestant was the official candidate
of a [particular political party and received
a certain number of votes ( Maquinay vs
Bleza, 100 SCRA 702)
The protestant was a candidate for
governor and was voted for. ( Macias vs
Even if the protest did not allege the date
of the proclamation, it can be determined
from the records of the case that it was filed
on time, as when the protest was filed on
the tenth from the date the casting of votes
was held, the protest should not be
dismissed. (Miro vs COMELEC, 121 SCRA
466)
Verification/Certificate of Absence of Forum
Shopping
When the petioner failed to state in his
verification that the contents of the election
protest are true and correct of his own
personal knowledge , said petition lacks
proper verification and should be treated an
unsigned pleading and must be dismissed. (
Soller vs COMELEC, 339 SCRA 685)
Forum Shopping exists when the
petitioner files multiple petitions or
complaints involving the same issues in two
or more tribunal or agencies. ( Domingo vs
The requirement that every initial
pleading should contain certification of
absence of forum shopping applies to
election cases for Circular No. 04-94 does
not distinguish ( Loyola vs CA 245 SCRA
477, Tamarong vs Lubguban, 269 SCRA

624)
SC Adm. Circular No 04-94 requiring a
certification of non-forum shopping is
applicable to election cases as it is
mandatory
.
It
is,
however
not
jurisdictional.. The filing of a certification of
absence of forum shopping after the filing of
the protest but within the period for filing a
protest is substantial compliance. (
Tumarong, supra)
The strict application of the non-forum
shopping rule in election contests would
not work to the best interest of the parties
and the electorate . An election contest,
unlike an ordinary civil action , is clothed
with public interest--- it involves not only
the adjudication of private and pecuniary
interest of rival candidates but paramount
to their claims is the deep public concern
involved and the need of dispelling the
uncertainty over the real choice of the
electorate. ( Barroso vs Ampig Jr, 328 SCRA
530)
Joinder of Election
Warranto Cases
Protest
and
Quo
An election protest and quo warranto case

cannot be filed jointly in the same
proceeding. However, they can be filed
separately. ( Luisaon vs Garcia , GR No L10916, May 10, 1957). If they were joined
in an action , they should be ordered
separated. ( Pacal vs Ramos, 81 Phil 20)
Composition of Board of Canvassers
The illegality of the composition of the
board of canvassers cannot be raised in a
quo warranto case, as only the ineligibility
or disloyalty of the winner can be raised in
such case ( Samad vs COMELEC, 224
SCRA 631)
Change Theory
Substantial Amendments to the election

protest cannot be made after the expiration
of the period for filing an election protest. (
Arroyo vs HRET, 224 SCRA 384)
Preliminary Motions
A motion to dismiss and a motion for a bill
of particulars may be filed in an election
protest pending before the regular courts,
since the COMELEC Rules of Procedure are
not applicable to the regular courts because
of the exclusive rule-making power of the
Supreme Court. ( Aruelo vs CA, 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, the rule in
civil cases that general denials operates as
an admission is not applicable ( Loyola vs
HRET, 229 SCRA 90)
A counter protest cannot be allowed if the
answer was filed out of time ( Lim vs
Cash Deposit
A protestee who filed a counterclaim for
attorneys fees cannot be required to file a
cash deposit since a cash deposit is
required only for a counter-protest ( Roa vs
Inting, 231 SCRA 57)
Injunction
A protestee cannot be enjoined from
assuming office because of the pendency of
an election protest. Until the case is
decided against him, he has the right to
assume office. ( Careno vs Dictado, 160

SCRA 759)
Manila ( Cabagnot vs COMELEC, 260 SCRA

503)
Substitution
17. Deferment of Counter Protest
a. Even if the protestee has resigned , the

protest should continue , as a favorable
judgement will be entitled the protestant to
assume the office ( Delos Angeles vs
Rodriguez, 46 Phil 599) The same holds
true if the protestee accepted another
position ( Calvo vs Maramba, GR No 13206,
January 7, 1918)
b. If the protestee died, he should be
substituted by his successor such as the
vice-mayor ( Dela Victoria vs COMELEC,
199 SCRA 561) He cannot be substituted
by his heirs, since public office cannot be
inherited. ( Abeja vs Tanada, 236 SCRA 60)
A protestee cannot ask that before making

the revision of the ballots involved in his
counter-protest, the court first determine
that the protestant would win on the basis
of the revisions of the ballots involved in the
protest (Abeja vs Tanada, 236 SCRA 60)
c. If it is the protestant who died, he should

be substituted by the public official who
would have succeeded him, such as the
vice-mayor. ( De Castro vs COMELEC 267
SCRA 806)
14. Abandonment
A defeated candidate for president who filed
an election protest and ran for senator
should be deemed to have abandoned the
protest (Santiago vs Ramos, 253 SCRA 559)
15. Summary Judgment
An election protest cannot be decided
summarly, as summary judgment applies
only to ordinary civil action for recovery of
money (199 SCRA 449)
16. Opening of Ballots
When an election protest is filed. The ballot
boxes should be opened without requiring
proof of irregularities, and misappreciation
of ballots ( Manahan vs Bernardo, 283
SCRA 505)
The revision of ballots in an election protest
filed with COMELEC should be held in
18. Certiorari
Under Sec 50 of BP 697, the COMELEC has
jurisdiction over petitions for certiorari,
prohibition and mandamus involving
election cases pending before the courts
whose decisions are appealabe to it (
Relampagos
vs
CUmba,
243
SCRA
690;Edding vs COMELEC 246 SCRA 502)
Where a petition for certiorari merely
questioned the denial of the motion of the
protestee for extension of the time to
answer, the COMELEC cannot affirm the
decision of the merits in the election
protest. ( Acosta vs COMELEC, 293 SCRA
578)
19. Evidence
The genuineness of the handwriting in the
ballots can be determined without calling
handwriting experts. ( Erni vs COMELEC,
243 SCRA 578)
Unless the original documents or certified
true copies of them cannot be produced or
photo-copies cannot be used as evidence (
Arroyo vs HRET, 246 SCRA 384)
Ballots cannot be excluded on the ground
that they were written by any person or
were marked on the basis of mere photocopies, as they are not the best evidence (
Nazareno vs COMELEC 279 SCRA 89)
20. Demurrer
A motion to dismiss for insufficiency of the
evidence of the protestant has rested is a
demurrer to the evidence. If it was granted
but reversed on appeal , the protestee is
deemed to have the right to present
evidence ( Enojas vs COMELEC, 283 SCRA
229)
21. Decision
a. authentic election return cannot be
annulled because the ballots were lost or
destroyed (Arroyo vs HRET 246 SCRA 384)
b. If the winner is ineligible, the candidate
who got the highest number of votes cannot
be proclaimed elected as he did not get the
majority or plurality of the votes (Sunga vs
c. Actual damages may be awarded in
accordance with the law (Sec 259, BP 881)
The loser cannot be ordered to reimburse
the winner for the expenses incurred in the
election protest for no law provides for it (
Atienza vs COMELEC 239 SCRA 298)
d. The mere fact that the decision in favor
of the protestant was reversed on appeal is
not sufficient basis for the ruling that the
protestant should be awarded attorneys
fees because the protest was filed for
harassment (Malaluan vs COMELEC 254
SCRA 397)
e. Under Sec 264, par 1 of BP 881, as
amended , the award of damages is no
among the imposable penalties for the
commission of any of the election offenses
thereunder by any individual (Regalado vs
CA 325 SCRA 516)
22. Execution of Judgment Pending Appeal
BP 881 and other election laws do not
specifically provide for the execution
pending appeal for judgment in election
cases, unlike the Election Code of 1971.
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.
The
Supreme
Court
has
explicitly
recognized and given approval to execution
of judgment pending appeal in election
cases filed under existing laws. The
rationale why execution pending appeal is
allowed in election cases is to give much
recognition to the worth of a trial judges
decision as that which is initially ascribed
by the law to the proclamation by the board
of canvassers.
Governed by Sec 2, Rule 39 of the 1997
Rules of Civil procedure. 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. Public interest involved or will of the
electorate
ii. The shortness of the remaining portion of
the term of the contested office
iii. Length of time that the election contest
has been pending ( Ferno vs COMELEC 328
SCRA 52)
iv. 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. (Camlian vs
COMELEC 271 , 271 SCRA 757)
A motion for execution pending appeal filed
after the expiration of the period of appeal
can no longer be granted ( Relampagos vs

Cumba 243 SCRA 690)
23. Motion for Reconsideration
a. One motion for reconsideration is allowed
in the contest involving the following:
i. President- 10 days
ii. Vice-President- 10 days ( Rule 65, Rules
iii. Senator- 10 days ( Rule 64, Rules of
Senate Electoral Tribunal)
iv. Congressmen- 10 days ( Rule 74, 1998
Rules of HRET)
v. Regional, Provincial and City Officials 5
days ( Sec 2, Rule 19 COMELEC Rules of
Procedure)
b. No motion for reconsideration is allowed
in election contests involving the following:
i. Municipal officials (Sec 256, BP 881;
Veloria vs COMELEC, 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, since the pre-trial is
not applicable to the election protest.
(Pangilinan vs De Ocampo, 232 SCRA )
ii. Barangay Officials ( Sec 19, Rule 37 and
Sec 12, Rule 38 COMELEC Rules of
Procedure)
iii. Sangguniang Kabataan ( Sec 19, Rule 37
and Sec 12 Rule 38, COMELEC Rules of
Procedure)
c. Since only decisions of the COMELEC en
banc may be elevated to the Supreme Court
, 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, 244 SCRA 41)
d. A resolution of the COMELEC en banc is
not subject to reconsideration, 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,
resolution, order, or decision except in
election offense cases is a prohibited
pleading under the COMELEC Rules of
Procedure. 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.
(Angela vs COMELEC , 322 SCRA 757)
24. Review
a. Jurisdiction
i. Senator- Supreme Court within 60 days (
Sec 4, Rule 65 Rules of Court)
ii. Congressmen- Supreme Court within 60
days ( Lerias vs HRET; Sec 4, Rule 65 Rules
of Court)
iii. Regional, provincial, and City officials
Supreme Court within 30 days ( Sec 7, Art
IX-A Phil Const)
iv. Municipal Officials
COMELEC within 5 days ( Sec 22 RA
7166; Sec 3 Rule 22 of COMELEC Rules of
Procedure, Lindo vs COMELEC, 194 SCRA
25)
Supreme Court - within 30 days ( Rivera
vs COMELEC 199 SCRA 178)
v. Barangay Officials
COMELEC within 5 days (Sec 2(2) ,Art IXC, Phil Const; Sec 3, Rule 22 COMELEC
Rules of Procedure; Calucag vs COMELEC
274 SCRA 405)
Supreme Court within 30 days ( Flores vs
COMELEC 184 SCRA 484)
b. Form
Where the appellant filed an appeal brief
instead of a notice of appeal to the
COMELEC, the appeal should not be
dismissed, since the determination of the
will of the people should not be thwarted of
technicalities (Pahilan vs Tabalba, 230
SCRA 205)
c. Failure to Pay Appellate Docket Fee

i. An appeal may be dismissed for failure of
the appellant to pay the appellate docket fee
(Reyes vs RTC of Oriental Mindoro, 244
SCRA 41)
ii. An appeal may be dismissed if the full
appellate docket fee was not paid , as
payment of the full amount is indispensable
for perfection of the appeal (Rodillas vs
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, 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, but except those relating to the
offense of failure to vote ( Juan vs People
322 SCRA 125)
d. Scope of Authority
C. 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. CRIMINAL OFFENSES
A,. 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, it usually entails a full-blown
hearing and the quantum of proof required
to secure a conviction beyond reasonable
doubt.
2) Its electoral aspect is a determination of
whether the offender should be qualified
from office. This is done through
administrative
proceeding
which
is
summary in character and requires only a
clear preponderance of evidence.
B. Jurisdiction to try the case
The expanded jurisdiction of the Municipal
Trail Court ( RA 7691) does not include
criminal cases involving election offenses,
1. Vote-buying
a. The fact that at least one voter in at least
20% of the precincts in a municipality , city
or province was offered money by the
relatives, leaders or sympathizers of a
candidate to promote his election shall
create a presumption of conspiracy to bribe
voters.
b. The fact that at least 20% of the
precincts of the municipality, 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.
c. Any person who is guilty and willingly
testifies shall be exempt from prosecution (
Sec 28, RA 6646)
d. 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, 285 SCRA 256)
2. 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
the replacement of a councilor who died (

Ong vd Martinez, 188 SCRA 830)
3. Unauthorized Entry into Polling Place
Mere presence of unauthorized person
inside a polling place is an offense (
COMELEC vs Romillo, 158 SCRA 716)
4. Transfers of Government Employees
7. Refusing to credit candidate with vote

Under section 27(b) of RA 6646, two act not
one, are penalized i.e, first, the tampering,
increasing or decreasing of votes received
by a candidate in any election, and second,
the refusal, after proper verification and
hearing to credit the correct votes or deduct
such
tampered
votes.(Pimentel
vs.
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, the transfer of government
employees before the publication of the
implementing regulations is not an election
offense. ( People vs Reyes, 247 SCRA 328)
D. Prosecution
Two elements of the offense prescribed

under Sec 261 (h) of BP 881, 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.
Lavilles,254 SCRA 286)
5. Carrying Deadly Weapon in Precinct

To support a conviction carrying a deadly
weapon inside a precinct, it is necessary
that the deadly weapon be seized from the
accused while he was in precinct (Mappala
vs Munoz 240 SCRA 600)
6. 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. Section 2(6),Art IX-C File, upon a

verified complaint, or on its own initiative,
petitions in court for inclusion or exclusion
of
voters;
investigate
and,
where
appropriate, prosecute cases of violations of
election laws, including acts or omissions
constituting election frauds, offenses, and
malpractices.
2. This holds true even if the offense is

committed by a public officer in relation to
his office.(Corpuz vs. Tanodbayan, 149
SCRA 2281)
3. Whatever initiated motu propio or filed
with the COMELEC by any other party, the
complaint shall be referred to the
COMELEC
Law
Department
for
investigation.. The COMELEC Chairman, in
his personal capacity may file directly with
the COMELEC Law Department pursuant
to Section 4, Rule 34 of the COMELEC
Rules of Procedure. No requirement in
section 5 that only the COMELEC en banc
may refer a complaint to the Law
Department for investigation nor is there a
rule against the COMELEC Chairman
directing the conduct of a preliminary
investigation, even if he himself were the
complainant in his private capacity
Where the complaint was directly filed with

the Law Department under Section 4 of
Rule 32 of the COMELEC RULES of
Procedure obviously there is no need to
refer such complaint to the same Law
Department Under Section 5 of Rule 34 of
the COMELEC Rules of Procedure, the
preliminary investigation may be delegated
to any of those officials specified in the rule
upon the direction of the COMELEC
Chairman (Laurel vs. Presiding Judge, RTC
Manila Br 10, 323 SCRA 778)
4.
A
provincial
election
supervisor
authorized to conduct a preliminary
investigation may file a case without need
of approval of the provincial prosecutor.
(Pp. Vs. Inting,187 SCRA 788)
The COMELEC can deputize prosecutors to
investigate and prosecute offenses even
after election. (Pp. Vs. Basilla,179 SCRA 87)
Since it is a preliminary investigation, it is
the COMELEC who will determine the
existence
of
probable
cause,
the
complainant cannot ask it to gather
evidence in support of the complaint.
(Kilosbayan Inc vs. COMELEC,280 SCRA
8920
The court in which a criminal case was filed
may order the COMELEC to order a
reinvestigation. (Pp. Vs. Delgado, 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, since the power to prosecute election
offenses
is
vested
in
the
COMELEC.(COMELEC vs. Ssilva,286 SCRA
177)

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registration of a petition singed by a

Suffrage the right and obligation of

Since the right of suffrage is a political and

Election the means by which the people

To provide a system for securing the

THE COMMISSION ON ELECTIONS

seven (7) years without reappointment on a

The chairman and members cannot be

The chairman and members may not be

A member appointment and designations in

The salaries of the chairman and members

The COMELEC enjoy fiscal autonomy.

1. Shall not, during tenure, hold any other

The COMELEC may promulgate its own

2. Shall not engage in the practice of

3. Shall not engage in active management

The Chairman and Members are subject to

It is expressly described as independent

The Supreme Court set aside the

referring them first to the appropriate

The COMELEC en banc, however, may

The COMELEC en banc determines the

One who is no longer a member of the

Enforce and administer laws relative to

The COMELEC has exclusive appellate

Election contests involving elections of SK

media of communication or information, all

also for long term research. The COMELEC

province is created out of it and does not

The SC held that SEC 5.4 of the Fair

Make minor adjustments of

This refers mainly to the power to correct

Pardon violators of election laws.

1. Power to declare failure of election and

5. Enforce and execute its decisions and

The COMELEC has the power to cite for

JUDICIAL REVIEW OF DECISIONS

factual findings of the COMELEC. (Aratuc

reviewable by certiorari as it is not order

by reason of occupation, profession,

Qualification for Suffrage

Filipino citizenship- it may be by birth or

1. Any person sentenced by the final

Age- a person may be registered as a voter

2. Any person adjudged by

(a) any crime involving disloyalty to the

Lapse of 5yaers after service of sentence

ii. Regional Trial Court appellate

3. Period for Filing

When an assailed order had been issued

Political party or party when used in the

1. Accepting financial contributions from

A party which fails to obtain at least 10%

1. The political party, sector, organization

COMELEC et al GR No. 147589. June 26,

5. The party organized must not be adjunct

The Constitution makes the number of

Qualifications prescribed by law are

In Aquino vs. COMELEC, 248 SCRA 400,

his residence. (Perez vs. COMELEC, 317

Local Civil Registry in the place where he