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Election Law H I J K
Chapter One: U V W
GENERAL PRINCIPLES ZActual sovereignty exercised by the people by means of suffrage
Suffrage the right and the obligation of qualified citizens to vote in the election of
THEORY OF POPULAR SOVEREIGNTY
certain national and local officers of the government and in the decision of
C D E F
public questions submitted to the people
I J K NATURE OF SUFFRAGE
U V W 0 not a natural right but merely a privilege given or withheld by the lawmaking
power subject to the Constitutional limitations
ZSec 1, Art 2 of the Philippine Constitution: 0.0 granted upon the fulfillment of certain minimum conditions
deemed essential for the welfare of society
The Philippines is a democratic and republican state. Sovereignty resides 0.1 not a necessary accompaniment of citizenship
in the people and all the government authority emanates from them.
1 not absolute
C D E F
1.0 nevertheless, only the serious grounds and upon clear and
I J K convincing proof may a citizen be deemed to have forfeited his right of
suffrage
U V W
ZTheoretically, the people combined represent the sovereign power Election Law Reviewer (2012)
C D E F
I J K
U V W
ZRepublicanism in so far as it implies the adoption of a
representative type of government necessarily points out to the
enfranchised citizens as the ultimate source of established authority.
C D E F
I J K
U V W
ZA democratic and a republican government derive all its powers, indirectly
or directly from the people at large. Its essence is indirect rule.
0 as a right conferred by the Constitution, it is classified as a political right as
well as a bounden duty of every citizen
0.0 enables him to participate in the process of the government to
assure that it truly derives powers solely on the consent of the
governed
0.1 principle: one man, one vote
1 based upon the theory that the people who bear the burden of the
government should share in the privilege of choosing the officials of the
government
1.0 one man one vote
SCOPE OF SUFFRAGE
0 Election the means by which the people choose their officials for definite
and fixed periods and to whom they entrust, for the time being as their
representatives, the exercise of powers of the government.
o Involves the selection or choice of a candidate by popular vote
o conduct of the polls
1
o Amendments to the Constitution may be proposed through an Election Law Reviewer (2012)
initiative
0 Recall method by which a public officer may be removed from office during
his tenure or before the expiration of his term by a vote of the people after
registration of a petition signed by a required percentage of the qualified
votes
OBJECT OF SUFFRAGE
**In case of doubt, political laws must be so construed as to give life and spirit to
the popular mandate freely expressed through the ballot
23right butCongress can regulate the right of suffrage since it is not a natural
a political right. It is within the power of the State to prescribe the
manner in which the right shall be exercised.
Can children of those who reacquired Filipino citizenship also become Filipino
citizens under this Act?
23 According to Section 4 of this Act, the unmarried child, whether legitimate,
illegitimate or adopted, below 18 years of age who reacquire Philippine citizenship
upon effectivity of this Act shall be deemed citizens of the Philippines
What are the effects of this Act on civil and political rights?
5888 According to Section 5, those who retain or reacquire Philippine
citizenship under this Act shall enjoy full civil and political rights and be subject to
all attendant liabilities and responsibilities under existing laws of the Philippines
under the following conditions:
5888 Those intending to exercise their right of suffrage must meet
the requirements under Sec 1 Art 5 of the Constitutions, RA 9189, and
other existing laws
5889 Those seeking elective public office in the Philippines shall
meet the
qualification for holding such public office and required by the Constitution
and existing laws and, at the time of filing of the certificate of candidacy,
make a personal and sworn renunciation of any and all foreign citizenship
before any public officer authorized to administer an oath
5890 Those appointed to any public office shall subscribe and
swear to an oath of allegiance to the Republic of the Philippines and its
duly constituted authorities prior to their assumption of office; Provided,
that they renounce their oath of allegiance to the country where they took
that oath
5891 Those intending to practice their profession in the Philippines
shall apply with the proper authority for a license or permit to engage in
such practice; and
5892 That right to vote or be elected or appointed to any public
office in the Philippines cannot be exercised by, or extended to those
who:
2
23 resided: 0 procedure for the disabled and illiterate to vote without the assistance of
23 in the Philippines for at least one year; and other persons
24 in the place wherein they propose to vote for at least 6 months
immediately preceding the election SUBSTANTIVE REQUIREMENTS FOR THE EXERCISE OF THE RIGHT OF
24 no literacy, property, or other substantive requirement may be imposed SUFFRAGE
*detention prisoners (those that are not yet convicted and disqualified under any 0 Literacy was removed by the 1973 Constitution
law) are not explicitly disqualified to vote but they can only vote if COMELEC will *A Filipino does not cease to be a Filipino just because he is illiterate
held elections / provide voting facilities inside the detention facility
23 1 CHAIRMAN
24 6 COMMISISONERS
QUALIFICATIONS OF MEMBERS
256 The chairman and the commissioners are appointed by the president with consent
of the Commission on Appointments;
*The disabilities during their continuance in office are similar to those imposed on 0 DECIDE all questions affecting elections, including determination of the
the president and vice-president. number and location of polling places, appointment of election officials
and inspectors and registration of voters;
**Reason behind the prohibitions: fiduciary nature of public office
1 DEPUTIZE, with the concurrence of the president, law enforcement
CONSTITUTIONAL POWER AND FUNCTIONS OF THE COMELEC agencies, including AFP, for the purpose of ensuring free, orderly
elections;
As an independent body, it is clothed with the 3 powers of government:
1. Executive or administrative 2 ACCREDIT, citizens arms of the comelec.
0 to enforce and administer election laws
0Quasi-legislative 3 RECOMMEND TO CONGRESS measures to minimize election spending,
23 to promulgate rules on all questions affecting the elections and its limitation of places for propaganda materials and prevent and penalize all
rules of procedure forms of election frauds, offenses and malpractice (improvements);
1Quasi-judicial
23 To exercise original and appellate jurisdiction over certain election 4 RECOMMEND TO THE PRESIDENT the removal of any officers or
contests employee deputized or for the imposition of disciplinary actions for
violations of election laws;
4 The choice and means of the COMELEC will not be interfered with unless these
are clearly illegal or arbitrary
1 COMELEC is also vested with the power of the prosecutor to conduct
preliminary investigation and the prosecution of election offenses
punishable under the election law before a competent court
5 As an independent body created by the Constitution, it is on a level higher than
statutory administrative organs
LOCAL ELECTIVE POSITIONS
*The enforcement and administration of all election laws by the COMELEC does ELECTION CONTESTS Jurisdiction Finality of
not include the power to annul an election which may not have been free, orderly,
and honest, as such power is merely preventive, and not curative. If it fails to
involving Decisions3
accomplish that purpose, it is not for such body to cure or remedy the resulting Regional, provincial, and city Exclusive jurisdiction of May be appealed to
evil but some other agencies of the government. (Abes v COMELEC this ruling officials COMELEC the SC
will now apply to elections involving the President, VP, and Members of Congress) Municipal and barangay Under RTC and MTC Final, executory,
subject to appeal to
Specific powers include: officials and not appealable
0 Power to annul or cancel illegal registry of list of voters and to order preparation of a COMELEC (appellate)
new one Sangguniang Kabataan (SK) DILG has direct control and
1 To cancel the canvass of election returns and annul an illegal proclamation
2 To suspend the proclamation of winning candidates pending an inquiry into officials supervision
irregularities brought to its intention
3 To direct the board of canvasser to include in the canvass returns from questioned NATIONAL ELECTIVE POSITIONS
precincts
4 To review the actuations of the board of canvassers even to the extent of inquiring ALL CONTESTS relating Finality of
beyond the election records of the voting centers in question
to the election returns, Jurisdiction
Decisions
When proclamations have been made: and qualifications4 of
0 Any alteration or amendment in any statements of election, or in any Members of the Lower House of Representative
contradiction or discrepancy appearing therein cannot be made without House Electoral Tribunal
the intervention of a competent court
1 But it can order a new canvass even after the proclamation where its valid order
directing the suspension of the proclamation has been violated 0 Does not divest SC of jurisdiction to resolve questions of law
1 Phrase refers to all matters affecting the validity of the contestees title
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Election Law Reviewer (2012)
Senate (Upper House) Senate Electoral Tribunal 0 It may only recommend to the President the suspension or removal
and it is the President who will impose such. President may or may
Supreme Court, sitting en not follow the recommendation of COMELEC.
President / VP banc, as Presidential 0 BUT as to officers and employees appointed by the COMELEC, it can
Electoral Tribunal remove them for cause.
1 seek to
DECIDE ALL QUESTIONS AFFECTING ELECTIONS achieve their goals through violence or unlawful means;
2 refuse to
Election may refer to the conduct of the polls including the listing of voters, the uphold and adhere to the Constitution; OR
holding of the electoral campaign, and the election of officers in the Katipunan ng 3 are
mga Barangay supported by any foreign government
1 Religious denominations and sects
2 Partisan and non-neutral citizens arms
0 The jurisdiction of COMELEC is over popular elections, the elected officials of
which are determined through the will of the electorate. *Acceptance of financial contributions from foreign governments and their
agencies related to elections is a ground for the cancellation of registration of a
1 COMELEC has the inherent power to amend or control its processes and
orders before they become final and executor. The Rules of Court apply
political party or organization. Such contributions are declared as constituting
interference in our internal affairs.
suppletorily.
DEPUTIZE LAW ENFORCEMENT AGENCIES 0 It can exercise these powers on its own initiative even in the absence of any
complaint.
0 COMELEC, with the concurrence of the President, may deputize law enforcement
agencies to perform some of its functions. 1 COMELEC can conduct preliminary investigations in cases involving
election offenses for the purpose of helping the court determine probable
cause and for filing an information in court. This power is EXCLUSIVE.
1 The officers and agencies deputized by COMELEC are subject to the
authority, control, and supervision of the COMELEC in respect of the
Ombudsman or Prosecutor can only perform such power if they have been
duly delegated / deputized by COMELEC.
particular functions covered by such deputation.
o Under the Omnibus Election Code, COMELEC may relieve any officer SUBMIT REPORT
or employee deputized by it, and, upon its recommendation, the
corresponding authority shall suspend or remove from office any or all
such officers or employees who may, after due process, be found 0 Report should contain a description on how a previous election, plebiscite,
guilty of such violation or failure. initiative, referendum, or recall was conducted and what laws or
regulations, if any, were violated.
1 COMELEC may also submit recommendations with respect to the flaws or defects
it has discovered in the enforcement of election laws.
Election Law Reviewer (2012)
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0 Without the constitutional mandate to submit reports, COMELEC may refuse to Congress, may, by legislation, fix a period for the rendition of decisions for election
submit such to other branches of the government. cases.
o Under the 1973 Constitution, all election cases shall be decided in
COMELEC HAS POWER TO PUNISH FOR CONTEMPT 90 days from the date of their submission for decision
o Under Sec 257 of the Omnibus Election Code, election cases
0 COMELEC has the power to hear and decide any controversy that may be brought before COMELEC shall be decided within 90 days from
the date of submission for decision.
submitted to it in connection with the elections. As an incident of such
power, it may also punish for contempt (Rule 64 of RoC). This power is Adherence to this is not strictly required since a very strict
judicial in character. construction might allow the procedural flaws to subvert
1 BUT in the exercise of its ADMINISTRATIVE functions, it may not hold a person in
contempt.
the will of the electorate and would amount to
disenfranchisement of voters in numerous cases.
o What are these admin matters? Sec 258 of the Omnibus Election Code on the preferential disposition of
0 Contracts election contests applies only to cases before the courts and not those
1 Distribution of ballots etc. before COMELEC
HEARING OF ELECTION CASES (CONSTITUTION ART. IX, SECTION 3) REGULATION OF PUBLIC ENTITIES (CONSTITUTION ART. IX-C, SECTION 4)
2 tiered organizational and functional structure:
COMELEC, during election period, may o
Election cases including pre-proclamation controversies (except Supervise and regulate
those relating to election, returns, and qualifications of members of The enjoyment or utilization of any franchises or permits for
Congress which are under the exclusive jurisdiction of the the operation of transportation and other public utilities,
respective Electoral Tribunal of each house) and appeals from trial Media communication or information
courts must first be heard and decided by a Division of All grants, special privileges or concessions granted
COMELEC.
Mandatory and jurisdictional This is to ensure equal opportunity, time, and space for public information
COMELEC sitting en banc does not have the authority to campaigns and for a among candidates in connection with the objective of
hear the case at first instance holding free, orderly, honest, peaceful and credible elections
When the exercise of quasi-judicial powers are involved, COMELEC is
The provision seeks to place all candidates on more or less equal footing in
mandated to decide cases first in divisions of 3, and then, upon making known their qualifications and platforms and their stand on public
motion for reconsideration, en banc. issues and thereby equalize their opportunities of winning at the polls
COMELEC sitting en banc
Can act directly on matters falling within the administrative powers PARDON, ETC. OF VIOLATORS OF ELECTION LAWS (CONSTITUTION ART.
Can only act on MR only of decisions of a division of the IX0C, section 4)
COMELEC
The review of the COMELEC sitting en banc is mandatory before the NO pardon, amnesty, parole or suspension of sentence for violation of election
decision may be brought to the SC on certiorari laws, rules and regulations shall be granted by the President without the
There is a presumption of regularity and factual findings are binding favorable recommendation of the COMELEC
upon the regular courts
PURPOSE: to avoid the possibility of the president granting pardon etc. who may
When COMELEC en banc reviews and evaluates a partys petition, a belong to his party or for political reasons.
partys answer and the supporting papers attached thereto, the
same is tantamount to a fair hearing
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Technical rules of evidence are not rigoriously applied
The Constitutional provision pertains only to the election period and not to the SC has no power of supervision over the COMELEC and review is limited only
campaign period to questions involving grave abuse of discretion amounting to lack or
excess of jurisdiction
The COMELEC or Congress, in special cases, may change the duration of the election Grounds:
period. Grave abuse of discretion amounting to patent and substantial
The limitation is designed to minimize partisan political activities and expensive election
denial of due process committed n the exercise of its
contests. adjudicatory or quasi-judicial powers
There is absolutely no evidence or no substantial evidence in
Campaign period: maximum of 90 days before the election support of the findings
part of which is intended for the COMELEC to prepare for the election, Erroneous estimation of the evidence presented
the printing, and distribution of forms, appointment of members in Question of law
registrations boards, etc., and other preparatory acts REASON:
fixed by law (may be less than 90 days) and covers only the period independence of COMELEC to secure free, orderly, honest,
before the day of the election and peaceful elections
it is unlawful to engage in an election campaign or partisan political Execution pending appeal can only be allowed:
activity outside the campaign period on the basis of good reasons to be stated in a special order
ELECTION PERIOD NOT SAME WITH CAMPAIGN PERIOD; the reasons must be of such urgency as to outweigh the injury or
Election period includes 30 days after election as election period; o damage of the losing party should the latter secure a reversal of
While campaign period can only include the 90 days prior to the judgment on appeal; and
election day; there must be a motion by the prevailing party with notice to the
adverse party
REDITION OF DECISION AND JUDICIAL REVIEW Execution pending appeal
(CONSTITUTION ART. IX-A, section 7) allowed by Section 2 Rule 39 of the Rules of Court is an exception to
Comelec shall decide by majority vote of all members any case the general rule that only final judgments may be executed;
This is strictly construed.
Within 60 days from date of its submission for decision or resolution;
Deemed submitted for decision upon filing of the last pleading, brief, *Jurisdiction of the SC to review questions of law will not be affected
memorandum, required by rules;
RULES OF PROCEDURE
Orders and rules of COMELEC sitting en banc subject to review by SC under certiorari
(Rule 65), unless otherwise provided by Constitution
Only election disputes before COMELEC en banc in the exercise of The COMELEC en banc may promulgate its own rules concerning pleadings and
practice before it or before any of its offices
its adjudicatory or quasi-judicial powers involving elective o Liberal construction of rules
regional, provincial, and city officials, may be brought to the o May suspend its Rules or any portion thereof in the interest of
SC under certiorari justice
o Rules of Court applies suppletorily
Election Law Reviewer (2012)
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Such rules shall not diminish, increase, or modify substantive rights; Summons parties to controversy, issue subpoena and subpoena duces tecum,
Substantive rights rights which substantive law declares or rights take testimony and investigate, conduct hearing, issue warrant of arrest;
concerning life, liberty or property (bill of rights) Avail assistance of any national or local law enforcement agency to execute
Procedural rights refer to the remedies or means by which an under its direct and immediate supervision any of its final decisions;
aggrieved party, whose rights have been violated, may bring his Punish contempt;
case to suit, trial, and judgment. Enforce and execute decisions which shall have precedence over those
emanating from other authority, except SC and habeas corpus;
VOTES REQUIRED FOR RENDITION OF DECISION Prescribe forms to be used un election, plebiscite and referendum;
Procure any supplies and equipment for elections etc.
ART. IX-A, SECTION 7 COMELEC shall decide by a MAJORITY VOTE of all its Prescribe use or adoption of latest technological and electronic devices;
members any case or matter brought before it;
Carry out a continuing and systematic campaign through newspaper of
QUORUM of a DIVISION TWO members shall constitute a quorum for the transaction general circulation, radios and other media to educate public;
of the official business of the division. Enlist non-partisan groups or organization of citizens from civic, youth,
professional, educational, business or labor sectors known for their
DECISION OF A DIVISION UNANIMOUS concurrence of all three
commissioners; such decision shall be considered as a decision of the probity, impartiality and integrity and integrity with the membership and
commission; capability to undertake a coordinated operation and activity to assists it in
the implementation of the provisions of the code and the resolutions,
DIVISION; IF REQUIRED VOTES NOT OBTAINED in case there is a orders and instructions of the commission;
dissenting opinion, the case may be appealed to the commission en banc, Conduct hearings on controversies;
in which case the vote of the majority thereof shall be the decision of the
Commission; Fix other reasonable periods for certain pre-election requirements in order that
voters shall not be deprived of their right of suffrage and certain groups of
ADDITIONAL FUNCTIONS AS MAY BE PROVIDED BY THE LAW rights granted them in the code.
(CONSTITUTION ART. IX-A, Section 8)
COMELEC shall perform such other functions as may be provided by law *Unless indicated in the Code, COMELEC is authorized to fix the appropriate
period for the various prohibited acts enumerated therein.
Congress cannot diminish the powers and functions granted by the Constitution to
COMELEC
Exercise direct and immediate supervision and control over national and local
officials or employees, including members of any national or local law
enforcement agency; may also deputize ROTC cadets;
Promulgate rules and regulations implementing the provisions of the this code
or other laws; and require the payment of legal fees for business done by
comelec;
Refer to Sections 2, 3, 7, 8, 9, and 10 of RA 8189 (Voters Registration Act of 1996) for the
detailed list and procedure for voter registration 11
Illiterate or disabled applicants refer to persons who cannot by themselves Challenges to right to register any voter, candidate or representative of a
prepare an application for registration because of their physical disability and/or registered political party may challenge in writing any application for registration,
inability to read and write stating the grounds therefore.
An illiterate person may register with the assistance of the Election Officer or any The challenge shall be under oath and be attached to the application, together
member of an accredited citizens arm with the proof of notice of hearing to the challenger and to the applicant
o HOW?
The EO shall place such person under oath and ask him The oppositions to the challenge must, in all cases, be filed not later than the
questions and record the answers given in order to second Monday of the month in which the same is scheduled to be heard
accomplish the application form. or processed by the ERB. If this day will fall on a non-working holiday,
oppositions may be filed on the next following working day.
This form will then be subscribed by the applicant in the
presence of the Board by means of a thumbmark or any The hearing shall be heard on the third Monday of the month and the decision shall be
other customary mark and shall be subscribed and rendered before the end of the month
attested to also by the majority of the Board.
Approval and disapproval of the application the EO shall submit to the Board
A physically disabled persons application may be prepared by any relative within the all applications for registration filed and by majority vote, approve or disapprove
4th civil degree of consanguinity or affinity or by the Election the applications
Officer or any member of an accredited citizens arm using the data
supplied by the applicant upon approval, the EO shall assign a voters ID number and issue the corresponding
The fact of illiteracy or disability shall be so indicated in the application ID card to the registered voter
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Election Law Reviewer (2012)
if disapproved, the applicant shall be furnished with a certificate of disapproval stating DEACTIVATION, REACTIVATION AND CANCELLATION OF REGISTRATION
the ground therefore
in any case, any aggrieved party may file a petition for exclusion or inclusion with the Deactivation of registration ERB shall deactivate the registration and remove
proper MTC or Metropolitan TC the registration records of the following persons:
Publication of action on application for registration - Within 5 days from the Any person sentenced by final judgment to suffer imprisonment for not less
approval/disapproval of application, the Board shall post a notice in the bulletin than 1 year automatically regains the right to vote after 5 years of
board of the city or municipal hall service of sentence
Any person adjudged by final judgment by a competent court or tribunal of
PRESERVATION OF VOTERS REGISTRATION RECORD having caused/committed any crime involving disloyalty to the duly
constituted government automatically regains right to vote 5 years
The EO shall compile the original copies of the approved application for after service of sentence
registration per precinct and arrange the same alphabetically according to
surname. Any person declared by competent authority to be insane or incompetent
o He shall preserve the book of voters and ensure its integrity subsequently removed by a declaration of a proper authority
Any person who did not vote in the 2 successive preceding regular
Provincial file consist of duplicate copies of all registration records in each precinct elections
of every city or municipality in the province
Any person whose registration has been ordered excluded by the court
o Shall be in the custody of the Provincial Election Supervisor
Any person who has lost his Filipino citizenship
National Central File under the custody of the Commission in Manila consisting
of the 3rd copies of all the approved voter registration records The corresponding clerk of court has the duty to furnish the Election Officer of
the necessary list which contains the persons disqualified (as enumerated
above) at the end of each month
IDENTIFICATION OF VOTERS
COMELEC may request a certified list of those who have lost their Filipino
Voters Identification Card (VIC) issued to the registered voter which shall serve as citizenship or have been declared as insane / incompetent from other
a document for his ID government agencies
o In case of loss or destruction, no copy may be issued except to the
registered voter himself or only upon the authority of the EO must post a certified list of deactivated voters and send a copy to the
Commission corresponding local head, central file, provincial file, and the voter
o Design should be as much as possible tamper proof concerned
Voters Identification Number (VIN) consists of three parts, each separated by a Reactivation of registration any voter whose registration is deactivated may
dash file with the EO a sworn application for reactivation of his registration in the form of
o Part 1: Current Address of the Voter (4 digits) an affidavit stating that the grounds for the deactivation no longer exist
First 2 digits correspond to the province
Last 2 digits correspond to the city, district, or municipality o May not file for reactivation 120 days before a regular election and 90 days before a
Part 2: Current Precinct Assignment of the Voter (4 digits +1 letter) special election
First 4 digits correspond to the precinct number EO must submit the application to the ERB for appropriate action
Letter indicates whether it is a mother or daughter precinct o
Part 3: Permanent Birth and Name Code Unique to the Voter
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Election Law Reviewer (2012)
If approved, EO must retrieve the inactive record and send necessary notices to BOOK OF VOTERS
persons and agencies concerned
Cancellation of Registration the Board shall cancel the registration of those Books of voters compilation of all registration records in a precinct
who have died as certified by the Local Civil Registrar
Sealing ERB shall notify within 15 days before the start of the campaign
period representatives of all registered political parties and members of the
Local Civil Registrar has the duty of sending monthly lists of persons who died Board of Election inspectors to inspect and verify the completeness of the
during the previous month to the EO of the place where the deceased is voters registration records
registered
o In the absence of proof of place of registrations, must be send to o After verification and certification, the Board shall seal the book of
the EO of the place of residence voters in the presence of the Board inspectors at the start of the
o In all cases, a list must be send to the national central file and the campaign period and take custody of the same until their
proper provincial file distribution to the Board on the day of the election
o EO must deliver the sealed precinct book of voters to the
EO shall post a certified list in the bulletin board of his office and furnish copies Chairman of the Board of Election Inspectors
thereof to the local heads concerned, national central file, and the
provincial file Annulment COMELEC, upon verified petition of any voter or election officer
or duly registered political party and after notice and hearing, annul any
LIST OF VOTERS PER PRECINCT book of voters that is not prepared in accordance with RA 8189 or was
prepared through fraud, bribery, forgery, impersonation, intimidation, forcer
List of Voters enumeration of names of registered voters in a precinct duly certified or any similar irregularity, or which contains data that are statistically
by the ERB for use in the election improbable
Permanent list of voters consists of all registered voters residing within the territorial INCLUSION, EXCLUSION AND CORRECTION OF NAMES OF VOTERS
jurisdiction of every precinct indicated by the precinct maps
o Accompanied by an addition/deletion list for the purpose of Judicial proceedings:
updating the list petition for inclusion or correction of names of voters filed during office
o Not be changed or altered or transferred to another precinct hours;
without the express written consent of the voter notice of the place, date and time of the hearing served on the
members of the ERB and the challenged voter upon filing of
Computerization computer printouts of the list of voters duly certified by the petition
Board are official documents and shall be used for voting and other petition shall refer only to one (1) precinct and implead the Board
election related purposes as well as for legitimate research need as respondent;
no costs shall be assessed against any party in these proceedings
Preparation and posting of the certified list of voters must be prepared except when the court shall find that the application has been filed
90 days before a regular election and 60 days before a special election
and copies must be furnished to the provincial, regional, and national solely to harass the adverse party and cause him to incur
central files expenses;
any voter, election official or political party may intervene and present
his evidence;
The mere absence of an individual from his permanent residence without the intention Padilla, J., dissenting:
to abandon it does not result in the loss or change of domicile
Registration and voting by a person in another place do not by themselves There must also be actual presence in the place and not just mere intent to
constitute abandonment of the legal residence, where the stay in the retain it as the domicile of origin. This is in line with the view that the house
former cannot be considered as voluntary but a necessity in order to representatives / elective officials must be familiar with the environment and
continue his studies problems of the locality where he intends to run. (one cannot be that familiar with
the locality without actual presence)
Absence from the residence of origin to practice a profession does not constitute loss of
residence
Regalado, J., dissenting:
Not necessary that a person should have a house in order to establish his residence
and domicile in a municipality
Three types of domicile:
There is nothing wrong in an individual changing residences so he could run by origin or birth
for an elective post, for as long as he is able to prove with reasonable by choice
certainty that he has effected a change of residence for election law by operation of law
purposes for the period required by law.
Davide, Jr., J., dissenting:
Romualdez-Marcos v COMELEC Wife does not automatically regain domicile of origin upon the death of the
husband. Upon death, the wife is given a chance to elect a domicile, but failing to
Residence, for election purposes, is used synonymously with domicile. elect such will lead to the conclusion that she will retain the domicile of the
deceased husband.
It is the fact of residence, not a statement in a certificate of candidacy which ought
to be decisive in determining whether or not an individual has satisfied the
Constitutions residency qualification requirement. The said statement becomes DISQUALIFICATIONS FROM VOTING:
material only when there is or appears to be a deliberate attempt to mislead,
misinform, or hide a fact which would otherwise render a candidate ineligible. It The following shall be disqualified from voting:
Any person sentenced by final judgment to suffer imprisonment for not less than
Election Law Reviewer (2012) one (1) year, such disability not having been removed by plenary pardon
or granted amnesty;
Adjudged by final judgment of having committed any crime involving disloyalty to
the duly constituted government;
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o Automatically reacquire right to vote upon How? Posting in the city hall or municipal building and in 3 conspicuous places in
expiration of 5 years after service of sentence the city or municipality
(applies to (1) also)
Insane or incompetent persons as declared by competent authority unless POLLING PLACES AND THEIR DESIGNATION
subsequently declared as otherwise
Polling Place building or place where the board of election inspectors conducts
PRECINCTS AND POLLING PLACES its proceedings and where the voters cast their votes
ELECTION PRECINCT basic unit of territory established by the COMELEC for Voting Center building or place where the polling place is located
the purpose of voting Size and location of polling place As far as practicable, ground floor,
sufficient size to accommodate 40 voters at one time outside the guard rail
Establishment The COMELEC shall draw updated maps of all the precincts for the board of election inspectors
nationwide. Modes for intimidating change of location
Written petition of the majority of the voters
Precinct maps sketch or drawing of a geographical area stated in Agreement of all the political parties
terms of streets or streets blocks or sitios the residence of Resolution of the COMELEC after notice and hearing (*It is the
which would belong to a particular precinct COMELEC which determines whether a change is necessary after
No territory comprising an election precinct shall be altered or notice and hearing.)
a new precinct be established at the start of the election period
Splitting of an original precinct or merger of two or more original Note: No location shall be changed within 45 days before a regular election and 30
precincts shall not be allowed without redrawing the precinct days before a special election or a referendum or plebiscite except in case it
map/s 120 days before election day is destroyed or it cannot be sued.
Arrangement Every barangay shall have at least 1 precinct which in turn shall ARRANGEMENTS AND CONTENTS OF POLLING PLACES
have no more than 200 voters and shall comprise of contiguous and compact
territories During the voting, there shall be in each polling place a booth for every 20 voters
registered in the precinct.
A precinct shall be allowed to have less than 200 registered voters Post a list containing the list of all the candidates or the issues or
under the following conditions: questions to be voted for
As soon as the 200-limit for every precinct has been
reached, a spin-off or daughter precinct shall be There shall be a guard rail between the voting booths and the table for the board
automatically created to accommodate voters residing of election inspectors which shall have separate entrance and exit.
within the territorial jurisdiction of the original precinct
An island or group of islands with less than 200 voters On the day of the voting, a ballot box one side of which shall be transparent which
may comprise 1 original precinct shall be set in a manner visible to the voting public containing two
NOTE: In view of the automated elections, COMELEC had to cluster the precincts compartments, namely, the compartment for valid ballots and the
to only about 76,000 each having around 1,000 votes. compartment for spoiled ballots
PUBLICATION OF MAPS OF PRECINCTS There shall be at least 10 voting booths of such size, specifications and materials
as the Commission may provide to enable voters to fill out their ballots
When? At least 5 days before the 1st registration day preceding a regular or special secretly,
election or a referendum or a plebiscite
The COMELEC shall prepare and furnish the ballot boxes, forms, stationeries NOTE: In the May 10, 2010 automated elections, the voters, instead of manually
and materials necessary for the registration of voters and the holding of writing the names of candidates, shaded the oval indicated in the ballot next to the
elections. name of the candidate of their choice.
The provincial, city and municipal treasurers shall have custody of such
election paraphernalia, supplies and materials. SIGNATURE OF THE CHAIRMAN AT BACK OF EVERY BALLOT The Chairman
of the Board of Election Inspectors in the presence of the voter shall affix his
REQUISITION, PRINTING, AND DISTRIBUTION OF OFFICIAL BALLOTS AND signature at the back of his ballot
ELECTION RETURNS
Failure to do so shall be noted in the minutes of the board of election inspectors
The official ballots and election returns shall be printed upon orders of the and shall constitute an election offense
COMELEC.
PUBLICATION OF OFFICIAL BALLOTS, ETC. At least 10 days before an
It shall be printed by the Government Printing Office and/or the Central Bank election in a newspaper of general circulation certified data on the number of
printing facilities exclusively, under the exclusive supervision and control of the official ballots and election returns and the names and addresses of the printers
Commission and the number printed by each.
The ruling party and the dominant opposition party or their respective duly CANDIDATE any person aspiring for or seeking an elective public office, who
authorized representatives shall submit the names of their respective watchers. has filed a certificate or candidacy by himself or through an accredited political
party, aggroupment, or coalition of parties.
FORM AND CONTENTS OF BALLOTS
NOTE: Any person who files his CoC within the period for filing shall only be
It shall be uniform in size and shall be provided by the Commission considered a candidate at the start of the campaign period for which he filed his
Printed in black ink on white security paper with distinctive, clear and legible CoC.
watermarks that will readily distinguish it from ordinary paper
It shall be in the shape of a strip with stub and detachable coupon containing FILING OF CERTIFICATE OF CANDIDACY (CoC)
the serial number of the ballot and a space for the thumb mark of the
voter on the detachable coupon No person shall be eligible for any elective public office unless he files a sworn
It shall bear at the top of the middle portion the coat-of-arms of the Republic CoC within the period fixed by the Omnibus Election Code.
of the Philippines, the words Official Ballot, the name of the city or
municipality and province in which the election is to be held, the date of No person shall be eligible for more than 1 office to be filled in the same election.
the election and the following notice in English: Fill out this ballot
secretly inside the voting booth. Do not put any distinctive mark on any If he files his CoC for more than 1 office, he shall not be eligible for any of them.
part of this ballot. Provided that before the expiration of the period to file a CoC, the person who
has filed such may declare under oath the office which he desires to be eligible
It shall contain the names of all the offices to be voted for in the election, allowing and cancel the CoC for the other office/s.
sufficient space with horizontal lines where the voter may write the name of the
individual candidates voted for by him
18
Election Law Reviewer (2012)
Any vote in favor of a person who has not filed a CoC or in favor of a candidate for IMPORTANCE OF A VALID CoC
any office for which he did not present himself is void and counted as a stray
vote but DOES NOT INVALIDATE the whole ballot. Requirement absolutely mandatory
The evident purposes of the law in requiring the filing of CoCs and in fixing the
COMELEC or its designated officer has the ministerial duty to receive and time limit therefor are:
acknowledge receipt of the CoC but has jurisdiction over a petition to deny due To enable the voters to know, at least 60 days before the regular
course to or cancel CoC provided due process is observed. election, the candidates
To avoid confusion and inconvenience in the tabulation of the votes
TIME AND PLACE OF FILING cast
Under RA 7166 which provides for synchronized national and local elections, the WITHDRAWAL OF THE CoC
CoCs shall be filed in 5 legible copies with the COMELEC not later than the day
before the date legally fixed for the beginning of his campaign period. How? By submitting, prior to the election, to the office concerned a written
declaration under oath which shall not affect whatever criminal, civil or
CoCs for President, Vice-President and Senators COMELEC main office in administrative liabilities which a candidate may have incurred.
Manila
Effect The withdrawal of a CoC does not necessarily render the CoC void ab
CoCs for Members of the House of Representatives provincial election initio. Once filed, the permanent legal effects produced thereby remain even
supervisor of the province concerned if the certificate itself be subsequently withdrawn.
AUTOMATIC RESIGNATION
CoCs for provincial offices provincial election supervisor concerned
Any person holding a public appointive office or position, including active members
of the AFP, and officers and employees in GOCC shall be considered ipso
CoCs for city and municipal offices city or municipal election registrar concerned facto resigned from his office upon the filing of his CoC.
Forfeiture is automatic and permanently effective upon the filing of the CC for
NOTE: A CoC filed beyond the deadline is not valid. another office. Only the moment and act of filing are considered.
A CoC shall be filed by the candidate personally or by his duly The automatic and permanent loss of office by any elective official makes no
authorized representative. exception for officials under suspension when they file CC for another office.
An official who is considered as resigned upon the filing of his CC is not restored
PRINTING OF CANDIDATES NAMES IN ELECTION RETURNS to his position by withdrawal of the same.
Names of registered candidates for local position shall be printed in the election [Flores v. COMELEC] Under R.A. No. 6679, the person who wins the highest
returns. number of votes as kagawad becomes by operation of law the punong barangay.
If a candidate has been disqualified or declared a nuisance candidate, it shall be In the particular case of the petitioner, it should be noted that he was in fact not
the duty of the COMELEC to instruct without delay the appropriate election even elected in 1982 as one of the six councilmen but separately as the barangay
officials to delete the name of said candidate as printed in the election return. captain. He was thus correctly deemed resigned upon his filing of a certificate of
candidacy for kagawad in 1989, as this was not the position he was holding, or
was incumbent in, at the time he filed such certificate.
The COMELEC shall cause to be printed a certified list of candidates containing Who may file? Any person exclusively on the ground that any material
the names of all the registered candidates for each office to be voted for in each representation contained therein as required is false.
city or province or municipality immediately followed by the nickname or stage
name of each candidate duly registered in his CoC and his political party affiliation, When? At any time not later than 25 days from the time of the filing of the CoC and
if any. shall be decided, after due process and hearing, not later than 15 days
before the election.
CANDIDATES IN CASE OF DEATH, DISQUALIFICATION OR WITHDRAWAL
OF ANOTHER CANCELLATION OF CERTIFICATE BY COMMISSION
If after the last day for the filing of the CC, an official candidate of a registered or The COMELEC may motu propio or upon verified petition of an interested party,
accredited political party dies, withdraws or is disqualified for any cause, only a refuse to give due course to or cancel a CoC if the following situations are extant:
person belonging to, and certified by, the same political party may file a CoC to If it is shown that the CoC has been filed to put an election process in mockery
replace the candidate. or disrepute;
If CoC was filed to cause confusion among the voters by the similarity of the
The substitute candidate nominated by the political party concerned may file his names of the registered candidate;
CoC for the office affected not later than mid-day of the day of the election. If there are any other circumstances or acts which clearly demonstrate that the
candidate has no bona fide intention to run for the office which the CoC
If it occurs between the day before the election and mid-day of election day, said has been filed and thus prevent faithful determination of the true will of the
CoC may be filed with any board of election inspectors in the political electorate.
subdivision where his is a candidate.
Note: A cancelled CoC cannot give rise to a valid candidacy, and much less to
The substitute candidate need not be a member of the political party concerned valid votes. Where, however, the ruling is not yet final on election day, the
prior to his nomination as its official candidate. duty of the court is to ascertain the will of the electorate under the factual
circumstances of the case. (COMELEC decisions in pre-proclamation
VOTES CAST FOR SUBSTITUTED CANDIDATES controversies and petitions to deny course to or to cancel CoC shall become
final and executory after the lapse of 5 days from their promulgation.)
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 VOTES FOR CANDIDATES WITH DISQUALIFICATION CASE
not invalidate the whole ballot. For this purpose the official ballots shall provide
spaces where the voters may write the name of the substitute candidates if Candidates who are disqualified by final judgment before the election shall not
they are voting for the latter. be voted for and the votes cast for them shall not be counted.
If the substitute candidate has the same family name, the above rule shall not Those against whom no final judgment of disqualification had been rendered
apply. may be voted for and proclaimed, unless on motion of the complainant,
the COMELEC suspends their proclamation because the grounds for their
NOTE: Under the new law (Automated and Election System Act), in case of valid disqualification or cancellation of their CoCs are strong.
substitutions after the official ballots shall have been printed, the votes cast for the
substituted candidates shall be considered votes for the substitutes. MATERIAL AND FALSE REPRESENTATION The false representation must be
made with the intention to deceive the electorate as to the would-be candidates
qualifications for public office.
There is a difference between a disqualification case filed before and after an Election Period Commences 90 days before the day of the election and ends 30
election. Why there is a difference between a petition for disqualification filed days thereafter
before and after the election proceeds from the fact that before the election, the
question of disqualification is raised as an issue before the electorate and those Campaign Period
who vote for the candidate assume the risk that should said candidate be President, Vice-President and Senators 90 days before the day of the
disqualified after the election, their votes would be declared stray or invalid votes. election
Such would not be true in the case of one filed after the electorate has already Members of the House of Representatives and elective provincial, city and
voted. municipal officials 45 days before the day of the election
The mere filing of a petition for disqualification is not a ground to suspend the What does it include?
proclamation of the winning candidate. In the absence of an order suspending the Forming organizations or group of persons
proclamation, the winning candidate who is sought to be disqualified is entitled to Holding political caucuses, meetings, rallies, or other similar assemblies;
be proclaimed as a matter of law. Making speeches or commentaries; and
Publishing or distributing campaign literature or materials for the purposes of
soliciting votes and/or undertaking any campaign or propaganda to support
EFFECTS OF DISQUALIFICATION or oppose the election of any candidate.
After final judgment The candidate shall not be voted for, and the votes cast for What it DOES NOT include?
him shall not be counted. Public expressions of opinions or discussions of probable issues in a
forthcoming election;
Before final judgment The Court or Commission shall continue with the trial and Attributes or criticisms of probable candidates proposed to be nominated in a
forthcoming political party convention.
hearing of the action, inquiry or protest and upon motion of the complainant or
any intervenor, may, during the pendency thereof, order the suspension of the
proclamation of such candidate whenever the evidence of his guilt is strong. PROHIBITED ACTS
Candidate who obtained the second highest number of votes if the candidate It shall be unlawful for any person, whether or not a voter or candidate, or for
who obtained the highest number of votes is later disqualified, this does not any party, or association of persons, to engage in an election campaign or
mean that the one who obtained the 2 nd highest number of vote will be partisan political activity, except during the campaign period.
declared as the elective officer. It shall be unlawful for any foreigner, whether juridical or natural person, to aid
o Sound public policy dictates that the public offices are filled by any candidate or political party, directly or indirectly, or take part in or
those who have received the highest number of votes influence in any manner any election, or to contribute or make any
expenditure in connection with any election campaign or partisan political
activity.
COMELEC BULLETIN The COMELEC shall cause the printing and National Press Club v. COMELEC
supervise the dissemination of bulletins, which shall be of such size as to
adequately contain the picture, bio-data and program of government of The objective which animates Section 11(b) is the equalizing as far as practicable,
every candidate. Said bulletin shall be disseminated to the voters or the situations of rich and poor candidates by preventing the former from enjoying
displayed in such places as to give due prominence thereto. Any candidate the undue advantage offered by huge campaign war chests.
may reprint at his expense, any COMELEC bulletin upon prior authority
of the Commission. Said reprint shall be the exact replica of the original The objective is not only a concededly legitimate one; it has also been given
and shall near the name of the candidate causing the reprint and the name constitutional status by the terms of Article IX(C)(4) of the 1987 Constitution.
of the printer.
Section 11 (b) is limited in the duration of its applicability and enforceability. By
PUBLIC FORUM virtue of the operation of Article IX (C) (4) of the Constitution, Section 11 (b) is
limited in its applicability in time to election periods. Section 11 (b) does not purport
The COMELEC shall encourage non-political, non-partisan private or civic in any way to restrict the reporting by newspapers or radio or television stations of
organizations to initiate and hold in every city and municipality, public for at which news or news worthy events relating to candidates, their qualifications, political
all registered candidates for the same office may simultaneously and personally parties and programs of government. Moreover, Section 11 (b) does not reach
participate to present, explain, and/or debate in their campaign platforms and commentaries and expressions of belief or opinion by reporters or broadcasters or
programs and other like issues. editors or commentators or columnists in respect of candidates, their qualifications,
and programs and so forth, so long at least as such comments, opinions and
The Commission shall promulgate the rules and regulations for the holding of such beliefs are not in fact advertisements for particular candidates covertly paid for. In
to assure its non-partisan character and the equality of access thereto by all sum, Section 11 (b) is not to be read as reaching any report or commentary other
candidates. coverage that, in responsible media, is not paid for by candidates for political
office. Section 11 (b) as designed to cover only paid political advertisements of
MASS MEDIA ADVERTISING FOR CANDIDATES particular candidates.
B. ELECTORAL CONTRIBUTIONS AND EXPENDITURES Operating a public utility or in possession of or exploiting any natural
resources of the nation;
What is contribution? Who holds contracts or subcontracts to supply the government or any
of its divisions, subdivisions or instrumentalities, with goods and
As used in the Omnibus Election Code, the term contribution includes a gift, services or to perform construction or other works;
donation, subscription, loan, advance or deposit of money or anything of Who have been granted franchises, incentives, exemptions,
value, or a contract, promise or agreement to contribute, whether or not
illegally enforceable, made for the purpose of influencing the results of allocations or similar privileges or concessions by the government
the elections. or any of its divisions, subdivisions or instrumentalities, including
GOCC;
It shall include the use of facilities voluntarily donated by other persons, the Who, within one year prior to the date of the election, have been
money value of which can assessed based on the rates prevailing in the granted loans in excess of P25,000 by the government, any of its
area. divisions, subdivisions or instrumentalities including GOCC.
What does contribution NOT include? Educational institutions which have received grants of public funds amounting
Services rendered without compensation by individuals volunteering a portion or all of to no less than P100,000;
their time in behalf of a candidate or political party.
Officials or employees in the Civil Service, or members of the AFP; and
What is expenditure?
Foreigners and foreign corporations.
As used in the Omnibus Election Code, the term expenditure includes the
payment or delivery of money or anything of value, or a contract, promise What are prohibited soliciting of contributions?
or agreement to make an expenditure for the purpose of influencing the
results to the election.
It shall be unlawful for any person to solicit or receive any contribution from
It shall also include the use of facilities owned by the candidate, the money any of the person or entities enumerated above;
value of the use of which can be assessed based on the rates prevailing in
the area.
It shall be unlawful for any person, including a political party or public or private
entity to solicit or receive, directly or indirectly, any aid or contribution of
What are prohibited contributions?
whatever form or nature from any foreign national, government or entity for
the purpose of influencing the results of the election.
Contributions that are made, directly or indirectly by any of the following:
27
What are prohibited raising of funds? What are prohibited donations by candidate?
It shall be unlawful: Who are prohibited: Candidate, his or her spouse or any relative within the
2nd degree of consanguinity or affinity, or his campaign manager, agent, or
representative. The prohibition applies to treasurers, agents or
For any person to hold dances, lotteries, cockfights, games, boxing bouts, representatives of any political party.
beauty contests, or other performances for the purpose of raising funds
for an election campaign or for the support of any candidate from the When does the prohibition apply: During the campaign period, on the day before and
commencement of the election period up to and including election day; or on the day of the election.
For any purpose or organization, whether civic or religious, directly or What are EXCLUDED from prohibited donations: Direct or indirect
donation, contribution or gift in cash or kind, or undertake or contribute to
indirectly, to solicit and/or accept from any candidate for public office, or the construction or repair of roads, bridges, schoolhouses, puericulture
from his campaign manager, agent or representative, or any person acting centers, pavements, or any structure for public use or the use of any
in their behalf, any gift, food, transportation, contribution or donation in religious or civic organizations, such as religious stipends, titles or
cash or in kind from the commencement of the election period up to and collections on Sundays or other designated collection days, as well as
including the election day. periodic payments for legitimate scholarships established and school
contributions habitually made before the prohibited period.
What are excluded from the prohibitions?
Statement of contributions and expenditures:
Normal and customary religious stipend, titles, or collection on Sundays and/or other
designated collection days. Time for filing Every candidate and treasurer of a political party shall, within
30 days after the day of the election, file in duplicate with the offices of the
What are the LIMITATIONS upon expenses? Commission, full, true and itemized statements of all contributions and
expenditures in connection with the election.
The aggregate amount that a candidate or registered political party may spend for It shall be the duty of every city or municipal election registrar to advise in
election campaign shall be as follows: writing, by personal delivery or registered mail within 5 days from the date
of election all candidates residing in his jurisdiction to comply with their
For candidates for every voter currently registered in the constituency where he filed obligation to file their statements of contributions and expenditures.
his certificate of candidacy:
President and Vice-President Ten pesos; Effect of failure to file No person elected to any public office shall enter
For other candidates Three pesos; upon the duties of his office until he has filed the statement of contributions
Candidate without any political party and without support from and expenditures above required. The same prohibition shall apply if the
any political party Five pesos; political party which nominated the winning candidate fails to file the
statement required within the period prescribed by the Act.
For political parties Five pesos for every voter current registered in the constituency
or constituencies where it has official candidates. Administrative fine ranging from P1,000 to P30,000 in the discretion of
the Commission, EXCEPT candidates for elective barangay office.
Any provision of law to the contrary notwithstanding, any contribution in cash or in
kind to any candidate or political party or coalition of parties for campaign The fine shall be paid within 30 days from receipt of notice of such
purposes, duly reported to the Commission shall not be subject to the payment of failure; otherwise, it shall enforceable by a writ of execution issued
any gift tax. by the Commission against the properties of the offender;
28
Political party or party means an organized group of persons pursuing the For President, Vice-President, and Senators 165 days before the
same ideology, political ideas or platforms of government and includes its day of the election; and
branches and divisions. This requires that the group be joined in a party
corporate, articulate with the attributes of social personality, set of by-laws, For members of the House of Representatives and elective
rules, or charter, or agreement as to how the group shall function, be provincial, city or municipal official 75 days before the day of
presided over and express its collective will. the election
A political party may refer to a local regional or national party existing and duly
registered and accredited by the COMELEC. Disputes as to party nominations:
Decision as to which member shall be nominated as its candidate a party concern;
Registration of political parties: not cognizable by courts
To acquire juridical personality, qualify it for subsequent accreditation, and A political party has the right to identify the people who constitute the
entitle it to right and privileges granted to political parties, a political party association and to select a standard bearer who represents their
shall first be duly registered with the COMELEC. ideologies and preference
Any registered political party that, singly or in coalition with other, fails to obtain Political parties are free to conduct their internal affairs free from judicial supervision
(judicial restraint)
at least 10% of the votes cast in the Constituency in which it nominated
and supported a candidate or candidates in the election next following its
registration shall, after notice and hearing, be deemed to have forfeited No controlling statute or clear legal right = no jurisdiction of the court but can
such status as a registered political party in such Constituency. leave the matter to the proper tribunals of the party itself or to the
electorate
Any organized group of persons seeking registration as a national or regional In determining whether an irregularity in nomination of a winning candidate
political party may file with the COMELEC a verified petition attaching prevented the free expression of public will, it must appear that
thereto its Constitution and by-laws, platforms or program of government noncompliance with the law did not prevent a fair and free vote.
and such other relevant information as may be required by the
Commission. The Commission shall after due notice and hearing, resolve Intra-party leadership and membership disputes:
the petition within 10 days from the date it is submitted for decision.
COMELEC may intervene only to exercise its constitutional powers (incident to its
No religious sect shall be registered as a political party and no political party power to register political parties)
which seeks to achieve its goal through violence shall be entitled to
accreditation.
Political party organized group of citizens advocating an ideology or Petition and manifestation; filing fee Every petition or manifestation shall
platform, principles and policies for the general conduct of be filed by any authorized representative of the political or sectoral party,
organization, coalition thereof with any of the following offices of the
government and which, as the most immediate means of securing Commission:
their adoption regularly nominates and supports certain of its
leaders and members as candidates for public office. Law department if the petition involves national Constituency; or
Manifestation to participate in the party-list system Any party, A party may be nominated by one party, organization/coalition in one
organization, or coalition already registered with the Commission need not list only. Any person giving consent to be nominated more than
register anew. However, such party organization or coalition shall file with once shall be disqualified.
the Commission, not later than 90 days before the election, a
manifestation of its desire to participate in the party-list system. Only persons who have given their consent in writing may be named
in the list;
Removal and/or cancellation of registration Any Commission may
motuproprio or upon verified complaint of any interested party, remove or
cancel, after due notice and hearing, the registration of any national, The list shall not include any candidate for any elective office in the
regional or sectoral party, organization or coalition on any of the following same election or a person who has not lost his bid for an elective
grounds: office in the immediately preceding elections;
It is a religious sect or denomination, organization or association No change of name or alteration in the order of nominees shall be
organized for religious purposes; allowed after the same has been submitted to the Commission
It advocates violence or unlawful means to seek its goal; EXCEPT in cases where the nominee dies, his nomination is
It is a foreign party or organization; withdrawn in writing and under oath, or become incapacitated, in
It is receiving support from any foreign government, foreign political which case the name of the substitute nominee shall be placed
party, foundation, organization, whether directly or through any of last in the list; and
its officers or member or indirectly through third parties for partisan
election purposes;
In determining the allocation of seats for the second vote, the Rights of party-list representatives entitled to the same salaries and emoluments
as the regular members of the House of Representative.
following procedures shall be observed:
Governing laws; other matters for purposes of the election of Members of
The parties, organizations, and coalitions shall be ranked from the House of Representative under the party-list system and other matters
the highest to the lowest based on the number of votes in connection therewith which are not provided in the Act, the relevant
they garnered during the elections; and provisions of the Omnibus Election Code, as amended, shall apply.
The political party, sector, organization or coalition must represent the marginalized PRELIMINARY CONSIDERATIONS
and underrepresented groups identified in Section 5 of RA 7941. In other words, it
must show through its constitution, articles of incorporation, bylaws, history, Election the embodiment of the popular will, the expression of the
platform of government and track record that it represents and seeks to uplift sovereign will of the people in the choice or selection of candidates to public
marginalized and underrepresented sectors. Verily, majority of its membership office for definite and fixed periods or in deciding some question of public
should belong to the marginalized and underrepresented. And it must demonstrate interest
that in a conflict of interests, it has chosen or is likely to choose the interest of such
sectors. In the context of the Constitution: the conduct of the polls including the listing of
voter, the holding of the electoral campaign, and the casting and counting of the
While even major political parties are expressly allowed by RA 7941 and the votes; it involves every element necessary to the complete ascertainment of the
Constitution to participate in the party-list system, they must comply with the expression of the popular will from the deposit of the ballot by the voter up to the
declared statutory policy of enabling Filipino citizens belonging to marginalized final certification of the result
and underrepresented sectors x xx to be elected to the House of Representatives.
In other words, while they are not disqualified merely on the ground that they are KINDS OF ELECTION
political parties, they must show, however, that they represent the interests of the
marginalized and underrepresented. GENERAL ELECTION for the election of offices throughout the state or
certain subdivisions thereof, after the expiration of the full term of the
The religious sector may not be represented in the party-list system. former officers.
REGULAR ELECTION an election, national or local, held at regular intervals
A party or an organization must not be disqualified under Section 6 of RA 7941. on such dates provided by law
SPECIAL ELECTION under special circumstances; Held to fill vacancy in
The party or organization must not be an adjunct of, or a project organized or an office before the expiration of the full term for which the incumbent was
entity funded or assisted by, the government. elected, or an election at which some issue or proposition is submitted
The party must not only comply with the requirements of the law; its nominees to the vote of the qualified electors.
must likewise do so.
PURPOSE OF ELECTION To give the people a direct participation in the affairs
Not only the candidate party or organization must represent marginalized and of this government; it is essential that all of the legal voters be permitted to cast
underrepresented sectors; so also must its nominees. To repeat, under Section 2 their ballots
of RA 7941, the nominees must be Filipino citizens who belong to marginalized
and underrepresented sectors, organizations and parties. CONSTRUCTION OF ELECTION LAWS
33
AUTHORITY FOR HOLDING ELECTION In accordance with the Constitutional policy to synchronize elections so that
there shall be simultaneous regular elections for national and local officials
every three years;
In order to hold a valid election, authority so to hold it must be found conferred
by the people, either directly through the Constitution which they have
themselves ordained, or indirectly, through the enactment of their legal Ra 7166 provided for an election for president, vice-president, 24 senators,
representatives, the legislature. all elective members of the House of Rep., and at elective provincial, city
and municipal officials on the second Monday of May, 1992. Thereafter,
the President, vice shall be elected on the same day every 6 years;
TIME OF HOLDING ELECTION
Such time must be fixed by authoritative power; Same while senators, members of the house and all elective provincial, city
and municipal official shall be elected on the same say every three years,
Either the people in their Constitution and laws in the case of regular elections except that with respect to senators, only 12 shall be elected;
of the executive or other designated power in the case of special elections;
Barangay officials shall have a term of five years; elected on second Monday of May
1994; shall be elected every five years thereafter.
Enactments declaring the time at which an election shall be held are deemed
to be matters of substance and must be substantially observed or the
election will be void. POSTPONEMENT OF ELECTION
For any serious cause such as
Substantial observance is sufficient and slight variation will not invalidate the Violence
election. (e.g. closing the polls a few minutes or an hour before time fixed,
will not invalidate where no one offered to vote after the polls were closed). Terrorism
Loss or destruction of election paraphernalia or records
NOTICE OF ELECTION Force majeure
Other analogous causes of such nature
Essential to the validity of the election; actual or constructive notice as to the time, That the holding of a free, orderly and honest election should become
place and purpose impossible in any political subdivision
The Commission may motuproprio or upon a verified petition
Substantial compliance with notice requirement Stricter in cases of special elections postpones the election.
called by some authority after the happening of a The commission shall fix a new election to a date which should be
reasonably close to the date of the election not held, suspended
or which resulted in a failure;
Election Law Reviewer (2012)
34
The comelec may election the power to declare a failure of elections
The date should be set not later than thirty days after the cessation of MUTO PROPRIO OR UPON A VERIFIED PETITION.
the cause for such postponement or suspension of the election or The hearing of the case shall be SUMMARY IN NATURE.
failure to select.
FIXING THE DATE FOR SPECIAL ELECTIONS
FAILURE OF ELECTION
THERE ARE ONLY THREE INSTANCES WHEN A FAILURE OF ELECTION MAY BE result of election the net result of the election in the rest of the precincts
DECLARED: in a given constituency, such that if the margin of a leading candidate
over that of his closest rival in the latter precincts is less than the total
If on account of force majeure, violence, terrorism, fraud, or other analogous causes: number of votes in the precinct where there was a failure of election,
then such failure would certainly affect the result of the election, hence a
The election is any polling place has not been held on the date fixed; special election must be held.
Had been suspended before the hour fixed by law for the closing of Requirements as to date
the voting;
After the voting and during the preparation and the transmission of the Should not be later than 30 days after the cessation of the cause of
election returns or in the custody or canvass thereof, such election the postponement or suspension of the election or the failure to
results in a failure to elect, and in any of such cases the failure or elect
suspension of election would affect the result of the election;
Should be reasonably close to the date of the election not held,
The comelec shall, on the basis of a verified petitioner by any interested suspended or which resulted in a failure to elect
party and after due notice and hearing, call for the holding or continuation
of the election not held, suspended or which resulted in a failure to elect PLACE OF HOLDING ELECTION
on a date reasonably close to the date of the election not heldbut shall
not be later that 30 days after the cessation of the election or failure to That the place of holding the election shall be fixed, either by the general law or by the
elect. proclamation or notice by which the election is called;
BEFORE THE COMMISSION CAN ACT ON A VERIFIED PETITIONER SEEKING Enactments fixing the place of holding the election are properly to be regarded
as mandatory, and any substantial variation must invalidate the election.
TO DECLARE A FAILURE OF ELECTION, THREE CONDITIONS MUST
CONCURR: HOLDING OF ELECTION BY PROPER OFFICERS
No voting has taken place or even of there was voting, the election That they shall be conducted by certain officers, elected or chosen by certain
nevertheless results in failure to elect; methods, and that the result shall be ascertained and published in a
The votes not cast would affect the result of the election; manner prescribed.
The cause of such failure of election should have been force majeure,
violence, terrorism, fraud or other analogous causes. Regulations of this nature are indispensable to the orderly and efficient
conduct of the election, and an election held by persons without any color
of authority to do so, or without any attempt to observe the methods
The third condition is an important consideration for where the property of a prescribed, is invalid;
pre-proclamation controversy ends, there may begin the realm of a special
action for declaration of failure of elections.
35
Election Law Reviewer (2012)
What is the BOARD OF ELECTION INSPECTORS? Identifiable political organizations and strengths as evidenced by their
organized chapters;
Is the body which conducts the election in the polling place of the precinct usually Ability to fill a completer slate of candidates from municipal level to
composed of 3 public school teachers appointed by the comelec.
president;
MANNER OF HOLDING ELECTIONS Other analogous circumstances that may determine their relative
organizations and strengths.
That the manner prescribed is intended simply to secure the correct result, and that the
manner is clearly subservient to the result; CASTING OF VOTES
In elections the great matter is the result. When this is clearly ascertained, it sweeps
away all technicalities; METHOD OF VOTING
The machinery provided should be observed, but in so far as it is not necessary to Voter must vote in person
determine the result, it is directory and mandatory; Voter must vote only once
Voter need not vote the whole ticket
In pursuance of this idea, therefore, it is generally held that the regulations
prescribed are directory merely, and that a failure to observe them fully will Absentee voting RA 7166 For president, vice-president and senators only
not invalidate the election, where an election has been held in good faith and shall be limited to AFP and PNP and other government officers and
and the irregularities do not affect the result; employees who are duly registered voters and who, on election day may
temporarily be assigned in connection with the performance of election
Where a special election is provided for, but no method of holding it is duties to places were they are not registered voters.
declared, it will be sufficient if held in the method prescribed for holding
general elections.
VOTING HOURS
OFFICIAL WATCHERS
Starts at 7am and ends at 3pm, except when there are voters present within
Every political party or coalition of political parties, and every candidate shall 30 meters in front of the polling place who have not yet cast their votes, in
be each entitled to one watchers in every polling place and canvassing which case the voting shall continue but only to allow said voters to cast
center; their votes without interruption.
Those belonging to the same political slate or ticker shall collectively be entitled to only MANNER OF PREPARING THE BALLOT
one watcher Panlalawigan, Panglungsod and bayan
Voter cant speak to anyone inside polling place
There shall be 6 principal watchers, representing 6 accredited major political parties,
who shall be designated by the comelec upon nomination; It is unlawful to prepare the ballot outside the voting booth or to show its
contents to any person or to erase any printing from the ballot or
intentionally tear or deface the same or put any distinguishing mark
The political parties shall be determined by the comelec on the basis of the following
circumstances:
Established record of the said parties; their showing in the past Note: the May 10, 2010 automated elections required a bigger ballot because of the
number of national candidates (78) and party-lists (187)
elections; The voter may voluntarily disclose the contents of his ballot.
Number of incumbent elective officials belonging to them 90 days
before date of election;
36
PREPARATION OF BALLOTS FOR ILLITERATES AND DISABLED the time of voting it, third persons will not be permitted to testify as to its
purport;
A voter who is illiterate or physically unable to prepare the allot by himself may
be assisted in the preparation of his ballot by a relative by affinity or But although the legal voter cannot be compelled to disclose how he voted, he
consanguinity within the 4th civil degree; or if none, may, if he chooses, waive his privilege of secrecy, and voluntarily disclose
the contents of his ballot.
By any person of his confidence who belongs to the same household or any
member of the board of election inspectors, except the two party
members; VOTERS IN CITIES
No voter shall be allowed to vote as illiterate or physically disabled unless it is so Registered voters of highly urbanized city shall not vote in the election for provincial
indicated in his registration record; officials of the province in which it is located;
In no case shall an assistor assist more than 3 times except the non-party member of No component city shall be declared or classified as a highly urbanized city within 60
the boards of election inspectors. days prior to a local election;
37
VOTING has received or expects to receive; o
had paid
After filling the ballot, the voter shall fold it in the same manner he received it. o offered or promised to pay,
o has contributed,
He shall affix his thumbmark on the space in the coupon and deliver the ballot to the o offered or promised to contribute money, or
chairman of the board of election inspectors. o anything of value
The chairman shall verify its number from the voting record where it was previously o as consideration for his vote or for the vote of another that he has
entered. made or received a promise to influence the giving or withholding
of any such voter or that he has made a bet or is interested
The chairman shall apply silver nitrate and commassie blue (indelible ink) on directly or indirectly in a bet which depends upon the result of the
the right forefinger nail or on any other available finger nail, if there be no election.
forefinger nail.
o The challenged shall take an oath before the board of election
The chairman shall sign in the proper space beside the thumbmark of the voter. inspections; upon taking of such oath, the challenge shall be
Signature is mandatory. dismissed and the challenged voter shall be allowed to vote, but in
case of his refusal to take such oath, the challenged shall be
The chairman will then detach the coupon and deposit the folded ballot in the sustained and he shall not be allowed to vote.
compartment for valid ballots.
Any voter or watcher may challenge any person of offering to vote for: o Not
being registered Record of challenges and voters The poll clerk shall keep a prescribed
o Using name of another record of challenges and oath taken in connection therewith and the
resolution of the board of election inspectors in each case and, upon the
o Not suffering from existing disqualification termination of the voting, shall certify hat it contains all the challenges
o In such case the board of election inspectors shall satisfy made; this shall be attached to the original copy of the minutes of the
themselves as to whether or not the ground for the challenge is voting.
true by requiring proof of registration or the identity of the voter.
No voter shall be required to present his voters affidavit on election day unless his Minutes of voting and counting of votes the board of election inspectors
identity is challenged; shall prepare and sign a statement in four copies setting forth the matter
required by the Code.
His failure or inability to produce his voters affidavit upon being challenged,
shall not preclude him from voting if his identity be shown from the Copies of this statement after being duly accomplished shall be sealed
photograph, fingerprints, etc. or if identified under oath by a member of the in separate envelopes and shall be distributed to the election
board of election inspectors. registrar, in the compartment for valid ballots of the ballot box, to
representatives f the accredited political parties.
CHALLENGE BASED ON CERTAIN ILLEGAL ACTS
Any voter or watcher may challenge any voter offering to vote on the ground that the List of unused ballots The chairman shall prepare a list showing the number of
challenged person unused ballots together with serial numbers
38
COUNTING OF VOTES DETERMINATION OF MARKED BALLOTS
CONSTITUTION, COMPOSITION AND APPOINTMENT OF BOARD OF The board of election inspectors shall determine whether there are marked
ballots, and, if any be found, the shall be placed in an envelope labeled
ELECTION INSPECTORS marked ballots, which shall be sealed and signed shall not be counted;
The comelec shall, directly or through its fully authorized representatives, A majority of the board of election inspectors shall be sufficient to determine whether
Constitute a board of election inspectors for each precinct to be composed any ballot is marked or not;
of a chairman and a poll clerk who must be public school teachers;
Evidence alliunde is not allowed to prove that a ballot is marked; an inspection of ballot
Done at least 30 days before the date when the voters list is to be prepared, in sufficient
case of a regular election of fifteen days before a special election;
The comelec need not conduct an adversarial proceeding or a hearing to determine the
The members of the board of election inspectors, whether permanent, authenticity of the ballots or the hadwriting
substitute or temporary, shall, before assuming their office, take and sign
an oath. PURPOSE OF DISALLOWING MARKED BALLOTS
POWERS OF THE BOARD OS ELECTION INSPECTORS It is a well-settled rule in election contests that marks which shall be
considered sufficient to invalidate the ballot are those which the voter
Conduct the voting and counting of votes himself deliberately placed in his ballot for the purpose of identifying it
thereafter;
Act as deputies of the comelec in the supervision and control of the election, to
Only in an unmistakable case where the ballot appeared to marked, should it
assure the holding of the same in a free, orderly and honest manner; be rejected. In the absence of evidence alliunde clearly showing that the
intention or plan was for purposes of identification, signs on ballots are
Perform such other functions prescribed by the code or the rules and presumed accidental.
regulations promulgated by the commission.
INSTANCES OF MARKED BALLOTS
COUNTING TO BE PUBLIC AND WITHOUT INTERRUPTION
The determinative factor in the nullification of ballots for being marked as
As soon as the voting is finished, the board of election inspectors shall publicly count in following a design or pattern, is the existence of evidence aliunde tending
the polling place the votes cast and ascertain the results. to show the intention or purpose in the use of the contested manner or
means of point, which is to identify the ballots.
The board of election inspectors shall not adjourn or postpone or delay the
count until it has been fully completed, unless otherwise ordered by the
comelec; Instances where ballots not considered marked No ballot should be
declared null and void as marked unless there are clear and sufficient
The comelec may order the board of election inspectors to count the votes and reasons to justify such conclusion. The rule is in favor of the validity of the
to accomplish the election returns and other forms prescribed under the ballot.
code in any other place within a public building in the same municipality or
city;
The BEI and chairman shall one by one read the names of candidates voted Board of election inspectors shall prepare in handwriting the election returns in
for and the offices for which they were voted in assuming a position as to their respective polling place, in the number of copies provided and in the
enable all watchers to read such names. form to be prescribed and provided by the constitution
The chairman shall sign and affix his right hand thumbmark at the back of the ballot ELECTION RETURNS refers to the tally of votes counted at each precinct and sent
immediately after it is counted. to the city or municipal board of canvassers
Poll clerk and the 3rd member shall record on the election returns and tally board In the election of President, Vice-president, Senators and party-list system
the names voted for each of the offices copies of the election returns shall be distributed as follows: (Sec 19. RA
9369)
Each vote corresponds to a vertical line, every 5 th vote shall be recorded using o 1st copy shall be delivered to the city or municipal board of
a diagonal crossing the 4 lines. BEI members shall watch over the canvassers;
chairman reading the votes and on the member tallying. o 2nd copy, to the congress, directed to the President of the Senate;
o 3rd copy, to the COMELEC;
In case of discrepancy after every pile of 100 ballots, a recount shall be made if
necessary. o 4th copy, to the citizen's arm authorized by the COMELEC to
conduct an unofficial count
Ballots are grouped together again.
o 5th copy, to the dominant majority party as determined by the
After all piles have been read, the sum shall be recorded both on the tally board and on
COMELEC in accordance with law;
the election returns. o 6th copy, to the dominant minority party as determined by the
Commission in accordance with law; and
The counted ballots shall be placed in an envelope provided for the purpose, o 7th copy shall be deposited inside the compartment of the ballot
closed, signed and deposited in the compartment for valid ballots. box for valid ballots.
o 8th copy to the Provincial Board of canvassers;
The tall board or sheet as accomplished and certified by the BEI shall not be changed
or destroyed. o 9th to the 18th copies, shall be given to the 10 accredited major
national parties, excluding the dominant majority and minority
OTHER REQUIREMENTS ON COUNTING VOTES parties, in accordance with a voluntary agreement among them. If
no such agreement is reached, the Commission shall decide
While tallying, the table shall be cleared of all unnecessary writing which parties shall receive the copies on the basis of the criteria
paraphernalia; violation of this requirement shall constitute an election provided in Section 26 of Republic Act No. 7166;
offense punishable under the Omnibus Election Code. o 19th and 20th copies, to the 2 accredited major local parties in
The chairman shall first read the votes for national positions. accordance with a voluntary agreement among them. If no such
agreement is reached, the commission shall decide which parties
shall receive the copies on the basis of criteria analogous to that
provided in Section 26 of Republic Act No. 7166;
Election Law Reviewer (2012)
o 21st to the 24th copies, to national broadcast or print media entities
as may be equitably determined by the Commission in view of
propagating the copies to the widest extent possible;
40
25th and 26th copies, to local broadcast or print media entities as may 26th and 27th copies, to local broadcast or print media entities as may
be equitably determined by the Commission in view of be equitably determined by the Commission in view of
propagating the copies to the widest extent possible; and propagating the copies to the widest extent possible; and
27th to the 30th, to the major citizen's arms, including the accredited 28 to the 30th copies to the major citizens' arms, including the
th
citizen's arm, and other non-partisan groups or organization accredited citizens' arm, and other non-partisan groups or
enlisted by the Commission pursuant to Section 52(k) of Batas organization enlisted by the Commission pursuant to section 52(k)
Pambansa Blg. 881. Such citizens' arm, groups and organization of Batas Pambansa Blg. 881. Such citizens' arms, groups and
may use the four certified copies of election returns for the organization may use the five certified copies of election returns
conduct of citizens' quick counts at the local or national levels; for the conduct of citizens' quick counts at the local or national
levels.
In the election of local officials and member of the House of Representatives,
copies of the election returns shall be distributed as follows: (Sec 19. RA DUTIES OF BOARD OF ELECTION INSPECTORS IN COUNTING THE VOTES
9369)
1st copy shall be delivered to the city or municipal board of During the counting of the votes case, the election inspectors should not concern
canvassers; themselves with the eligibility of candidates;
2nd copy, to the Commission; Their duties should be confined to the:
3rd copy, to the provincial board of canvassers; conduct of election, o
4th copy, to the citizens' arm authorized by the Commission to conduct counting of the votes,
an unofficial count; o certification of the results insofar as related to the certified
5th copy, to the dominant majority party as determined by the candidates;
Commission in accordance with law;
6th copy, to the dominant minority party as determined by the The counting of votes should be liberal in order that the will of the electorate
Commission in accordance with law; and may be effectuated. Voters should not be disenfranchised retroactively for
technical causes by the reviewing authorities.
7th copy shall be deposited inside the copy shall deposited inside
the compartment of the ballot box for valid ballots.
RULES FOR APPRECIATION OF BALLOTS
8th copy to be posted conspicuously on a wall within the premises
of the polling place or counting center;
LIBERAL CONSTRUCTION laws governing elections contests especially the
9th to the 18th copies, shall be given to the 10 accredited major appreciation must be liberally construed to the end that the will of the
national parties, excluding the dominant majority and minority electorate in the choice of public officials may not be defeated by technical
parties, in accordance with a voluntary agreement among them. If infirmities
no such agreement is reached, the Commission shall decide Cardinal objective of ballot of appreciation is:
which parties shall receive the copies on the basis of the criteria
provided in Section 26 of Republic Act No. 7166; To discover and give effect to, rather than frustrate the intention of the
19th and 20th copies shall be given to the 2 accredited major local voters. Thus, in reading and appreciation of ballots, every ballot
parties in accordance with a voluntary agreement among them. If shall be presumed to be valid unless there is clear and good
no such agreement is reached, the Commission shall decide reason to justify its rejection
which parties shall receive the copies on the basis of criteria
analogous to that provided in Section 26 of republic Act No. 7166;
21st to the 25th copies, to national broadcast or print media entities as
may be equitably determined by the Commission in view of
propagating the copies to the widest extent possible;
41
When 2 or more words are written on the same line on the ballot, all of which The erroneous initial of the 1 st name which accompanies the correct surname
are the surnames of 2 or more candidates, the same shall not be counted of a candidate, the erroneous initial of the surname accompanying the
for any of them, unless one is a surname of an incumbent who has served correct 1st name of a candidate, or the erroneous middle initial of the
for at least 1 year in which case it shall be counted in favor of the latter candidate shall not annul the vote in favor of the latter.
When 2 or more words are written on different lines on the ballot all of which The fact that there exists another person who is not a candidate with the 1 st
are the surnames of 2 or more candidates bearing the same surname for name or surname of a candidate shall not prevent the adjudication of the
an office for which the law authorizes the election of more than one and vote of the latter.
there are the same number of such surnames written as there are
candidates with that surname, the vote shall be counted in favor of all the Ballots which contain prefix such as Sr., M., Datu, Don, Ginoo, Hon.,
candidates bearing the surname Gob. or suffixes like Hijo, Jr., Segundo are valid.
When on the ballot is written a single word which is the 1 st name of a The use of the nicknames and appellations of affection and friendship, if
candidate and which is at the same time the surname of his opponent, the accompanied by the 1st name or surname of the candidate, does not annul
vote shall be counted in favor of the latter (opponent) such vote, except when they were used as a means to identify the voter, in
which case the whole ballot is invalid. If the nickname used is
When 2 words are written on the ballot, one of which is the 1 st name of the unaccompanied by the name or surname of a candidate and the one by
candidate and the other is the surname of his opponent, the vote shall not which he is generally or popularly known in the locality, the name shall be
be counted for either counted in favor of said candidate, if there is no other candidate for the
same office with the same nickname.
Where there are 2 or more candidates voted for in an office for which the law The accidental tearing or perforation of a ballot does not annul it
authorizes the election of only one, the vote shall not be counted in favor
of any of them, but this shall not affect the validity of the other votes Failure to remove the detachable coupon from a ballot does not annul it
therein.
A vote for the President shall also be a vote for the Vice President running
If the candidates voted for exceed the number of those to be elected, the ballot under the same ticket of a political party, unless the voter votes for a Vice
is valid, but the votes shall be counted only in favor of the candidates President who does not belong to such party
whose names were firstly written by the voter within the spaces provided
for said office in the ballot until the authorized number is covered. Final judgment before the election for the votes of a disqualified candidate to be
considered stray is required
Any vote in favor of a person who has not filed a certificate of candidacy or in
favor of a candidate for an officer for which he did not present himself shall
be considered as a stray vote but it shall not invalidate the whole ballot Villarosa v HRET
Ballots containing the name of a candidate printed and pasted on a blank A candidate for Representative, used the initials or nickname of her husband as
her nickname or stage name. Petitioners use of the initials of her husband as her
space of the ballot or affixed thereto through any mechanical process are
nickname or stage name was attended by bad faith and malice hence such act
totally null and void
was not allowed. The Rule allows the use of a) a nickname and appellation of
affection and friendship, provided that it is accompanied by the first name or
Circles, crosses or lines put on the spaces on which the voter has not voted surname of the candidate, unless the nickname or appellation is used to identify
shall be considered as signs to indicate his desistance from voting and the voter; and b) a nickname, which is not accompanied by the name or surname
shall not invalidate the ballot of a candidate provided that it is the one by which the candidate is generally or
popularly known in the locality. In the case at bar, the candidate did not satisfy the
Unless it should clearly appear that they have been deliberately put by the 2 conditions hence votes under the initials cannot be counted as her vote. Also
voter to serve as identification marks, commas, dots, or hyphens between there are 3 kinds of votes are considered stray 1) vote containing initials only; 2)
the 1st name and surname of a candidate, or in other parts of the ballots, vote which is illegible; 3) a vote which does not sufficiently identify the candidate
traces of the letter T,, J, and other similar ones, the 1 st letters or for whom it is intended. The 1st category of stray votes under this rule is not to be
syllables of names which the voter does not continue, the use of 2 or more qualified by the 3rd category in the sense that votes in initials only may be counted
kinds of writing and unintentional or accidental flourishes, strokes, or
strains, shall not invalidate the ballot for a candidate provided that the initials only may be counted for a candidate
provided that the initials would sufficiently identify the candidate voted for. Such
MUNICIPAL BOARD OF CANVASSERS Proceedings of the board of canvassers shall be open and public
Election registrar or representative of the COMELEC chairman Majority vote of all the members of the board of canvassers shall be necessary
Municipal treasurer vice-chairman to render a decision
Most senior district school supervisor or in his absence a principal of the The board of canvassers shall meet not later than 6 pm of the election day at
school district or the elementary school member the place designated to receive the election returns and to immediately
canvass those that may have already been received;
CONTROL AND SUPERVISION OF THE COMMISSION OVER THE BOARD The board of canvassers shall meet continuously from day to day until the
canvass is completed, and may adjourn but not only for the purpose of
Pursuant to its administrative functions, COMELEC has direct control and supervision over awaiting the other elections returns from the other polling places within its
the board of canvassers and its proceedings.
jurisdiction.
It has the power to investigate and act on the propriety or legality of the canvass of election Each time the board adjourns, it shall make a total of all the votes
returns made by the board of canvassers. canvassed so far for each candidate for each office, furnishing the
COMELEC in Manila by the fastest means of communication a
Power of Commission plenary. Power of COMELEC over the board is plenary certified copy thereof, and making available the data contained
and not from its appellate jurisdiction hence a superior body or office having
supervision and control over another may do directly what the latter is therein to the mass media and other interested parties
supposed to do or ought to have done. As soon as the other election returns are delivered, the board shall
immediately resume canvassing until all the returns have been
Power of Commission ministerial. The function of a canvassing board in the canvass of canvassed
returns is purely MINISTERIAL in nature.
A canvass cannot be reflective of the true vote of the electorate unless
Equally ministerial is the function of the Comelec on the exercise of its supervisory power all the returns are considered.
over said board, pursuant to the Constitution and laws. Subject to reasonable exceptions, the board of canvassers must complete
their canvasses within otherwise violation of this requirement shall be a
punishable election offense.
Election Law Reviewer (2012)
45
36 hrs in municipalities PROCLAMATION BY THE BOARD
48 hrs in cities
72 hrs in provinces Presumption of Regularity. The proclamation of a candidate as the winner is a
The respective board of canvassers shall prepare a certificate of canvass duly ministerial duty of the canvassing board. It enjoys the presumption of
regularity. To destroy the presumption, the protestant must convincingly
signed and affixed with the imprint of the thumb of the right hand of each show that the protestees victory was procured through extra-legal means.
member, supported by a statement of the votes received by each
candidate in each polling place. A certificate of canvass and proclamation The board shall proclaim as elected the candidates who obtained the highest
bearing only one valid signature is void. number of votes cast in the province, city, municipality or barangay ON
THE BASIS OF THE CERTIFICATES OF CANVASS; Failure to comply
Constitutes an ELECTION OFFENSE;
Note: in the May 10, 2010 automated elections Precinct Count Optical Scan
(PCOS) machines were used from vote counting to election results canvassing. There is no provision in our election laws which requires that a majority of
After automatically counting the votes, the PCSO electronically transmitted the registered voters must cast their votes. All that is required is that a winning
results to the canvassing centers. candidate must be elected by a PLURALITY OF VALID VOTES regardless
of the actual number of ballots cast.
CANVASSING COMMITTEES
Exhaustion of powers of board. Having once met and fully completed its duty,
The board of canvassers may Constitute such number of canvassing the powers of the board are exhausted and it cannot again meet and re-
committees as may be necessary to enable the board to complete the canvass the votes or reverse their prior decision and announce a different
canvass within the period prescribed; results.
Each committee shall be composed of 3 members, each member to be designated by Where a PROCLAMATION IS NULL AND VOID as where it is based on faulty
the chairman and members of the board. or erroneous tabulation, statement of votes which contains erroneous
entities, or an incomplete canvass, or a canvass that should have been
All candidates shall be notified in writing, before the election, of the number of suspended with respect to the contested election retains or a canvass that
committees to be constituted so that they can designate their watchers in included unsigned election returns or outrightly excluded election returns
each committee
involving such number of votes as will affect te outcome of the election, - it
is no proclamation at all and the proclaimed candidates assumption of
The committees shall be under the direct supervision and control of the board. office cannot deprive the COMELEC of the power to declare such nullity
and annul the proclamation.
RECOUNT OF VOTES CAST IN CASE OF DISCREPANCIES IN ELECTION
RETURNS The proclaimed candidate may assume office on the strength of the
proclamation of the Board of Canvassers but he is only a
Recount of votes is in order where a discrepancy exists between the votes written in presumptive winner who assumes office subject to the final
words or in figures.
outcome of the election protest.
RECOUNT merely consists in the mathematical counting of the votes received
by each candidate and it does not involve any appreciation of ballots or the Although the COMELEC possesses the power to annul and suspend
determination of their validity as in required in an election contest. Reason: the proclamation of any candidate, it is without power to partially or
to offer a prompt relief to a simple controversy and to restore public totally annul a proclamation or suspend the effects of a
tranquility by dispelling all doubts as to the true and correct number of the proclamation without NOTICE AND HEARING.
votes cases in a given polling place.
candidate who obtained the 8th highest number of votes cast but instead accordance with a voluntary agreement among them. If no such
proclaimed another candidate who obtained a lesser number of votes. There was agreement is reached, the Commission shall decide which parties
failure to proclaim the winning candidate. The 3 members of the PBC could not shall receive the copies on the basis of criteria analogous to that
provided in Section 26 of Republic Act No. 7166;
attribute to the Committee on Tabulation the blame for their errors as the PBC
members themselves were the ones who certified under oath the said Certificate of 21st to the 25th copies, to national broadcast or print media entities as
Proclamation and the Tabulation Committee members were totally under their may be equitably determined by the Commission in view of
direct supervision and control. WON the Board of Canvassers became functus propagating the copies to the widest extent possible;
oficio after it proclaimed the winning candidate is beside the point. What matters is 26th and 27th copies, to local broadcast or print media entities as may
WON petitioners committed an election offense, in the case at bar petitioners be equitably determined by the Commission in view of
committed an election offense. propagating the copies to the widest extent possible; and
28th to the 30th, to the major citizen's arms, including the accredited
citizen's arm, and other non-partisan groups or organization
NUMBER OF COPIES OF CERTIFICATES OF CANVASS AND THEIR enlisted by the Commission pursuant to Section 52(k) of Batas
DISTRIBUTION Pambansa Blg. 881. Such citizens' arm, groups and organization
may use the 3 certified copies of election returns for
The certificates of canvass for President, Vice-President, senators, members the conduct of citizens' quick counts at the local or national levels;
of the House of Representatives, parties, organization or coalitions the board of canvassers shall furnish all other registered parties copies
participating under the party-list system and elective provincial officials of the certificate of canvass at the expense of the requesting party
shall produced by the city or municipal board of canvassers and distributed
as follows.(Sec 26. RA 9369, Automated Election System) The certificates of canvass for President, Vice-President, senators, parties,
o 1st copy shall be delivered to the provincial board of canvassers organization or coalitions participating under the party-list system shall be
for use in the canvass of election results for President, Vice- produced by the city boards of canvassers of cities comprising 1 or more
President, senators, members of the House of Representatives, legislative districts, by provincial boards of canvassers and by district
parties, organization or coalitions participating under the party-list board of canvassers in the Metro Manila Area, and other highly urbanized
system and elective provincial officials areas and distributed as follows.(Sec 26. RA 9369, Automated Election
o 2nd copy sent to the COMELEC; System)
o 3
rd
copy kept by chairman of the board 1st copy sent to Congress, directed to the President of the Senate for
o 4 th
copy, to the citizen's arm designated by the COMELEC to use in the canvass of election returns for president and vice-
president
conduct an unofficial count. It shall be the duty of the citizens arm
to furnish independent candidates copies of the certificate of 2nd copy sent to the COMELEC; for use in the canvass of the
canvass at the expense of the requesting party election results for senators
o 5th copy, to Congress, directed to the President of Senate 3rd copy kept by chairman of the board
o 6th copy, posted on a wall within the premises of the canvassing 4th copy, to the citizen's arm designated by the COMELEC to conduct
centers an unofficial count. It shall be the duty of the citizens arm to
o 7th and 8th copies shall be given to the dominant majority and furnish independent candidates copies of the certificate of
minority parties canvass at the expense of the requesting party
o 9th to the 18th copies, shall be given to the 10 accredited major 5th copy, to Congress, directed to the President of the Senate
national parties, excluding the dominant majority and minority
48
Election Law Reviewer (2012)
6th copy, posted on a wall within the premises of the canvassing Congress and the Commission en banc shall determine the authenticity
centers and due execution of the certificate of canvass for President and Vice-
7th and 8th copies shall be given to the dominant majority and minority President and senators, respectively as accomplished and transmitted
parties to it by the local boards of canvassers, on a showing that:
9th to the 10th copies, shall be given to the 2 accredited major national o Each certificate of canvass was executed, signed, thumbmarked by
parties, excluding the dominant majority and minority the chairman and members of the board of canvassers and
parties, to be determined by the Commission on the basis of transmitted, or caused to be transmitted to Congress by them;
criteria as provided in Section 26 of RA 7166 o Each certificate of canvass contains the names of all of the
11th and 13th copies, to broadcast media entities as may be equitably candidates for President and Vice-President or senator, as the
determined by the Commission in view of propagating the copies case may be, and their corresponding votes in words and in
to the widest extent possible; figures; and
th o There exists no discrepancy in other authentic copies of the
14 copy, to the another citizen's arms, or in the absence thereof, to a
non-partisan groups or organization enlisted by the Commission document such as statement of votes by city/municipality/by
pursuant to Section 52(k) of Batas Pambansa Blg. precinct or discrepancy in words and figures in the certificate; and
Such citizens' arm or non-partisan group may use the copy of o There exists no discrepancy in the votes of any candidates in
election return for the conduct of citizens quick counts at the local words and figures in the certificate of canvass against the
or national levels aggregate number of votes appearing in the election returns of
the board of canvassers shall furnish all other registered parties copies precinct covered by the certificate of canvass
of the certificate of canvass at the expense of the requesting party
COMPLETION OF CERTIFICATE when the certificate of canvass duly
The certified print copies may be claimed at the polling place. Any unclaimed certified by the board of canvassers of each province, city or district,
copy shall be brought by the chairman of the board of election inspectors appears to be incomplete, the SENATE PRESIDENT or the chairman of
to the canvassing center where the recipients or representatives may the commission as the case may be, shall require the board of canvassers
claim them. Copies still unclaimed at the canvassing center shall be concerned to transmit by PERSONAL DELIVERY, the election returns
placed in the custody of the chairman of the board of election inspectors, from the polling places that were not included in the certificate of canvass
who shall produce them when requested by the recipient or when ordered and supporting statements
by a competent authority
Said election return shall be submitted by personal delivery within 2
Any provision of law to the contrary notwithstanding, any of the recipients of days from receipt of notice.
the print or digital copies of the election return may conduct an unofficial
consolidation of votes and may announce the result to the public PRESENCE OF ERASURES AND ALTERATIONS IN THE CERTIFICATE
when it appears that any certificate of canvass or supporting statement of
The Commission shall post its digital files in its website for the public to view or votes by city/municipality or by precinct bears erasures and alteration
download at any time of the day. It shall maintain the files at least 3 years
from the date of posting which may cast doubt as to the veracity of the number of votes stated
therein and may affect the result of the election, upon request of the
CONGRESS AS THE NATIONAL BOARD OF CANVASSERS FOR PRESIDENT Presidential or Vice-Presidential or senatorial candidate concerned or his
party, Congress or the Commission en banc as the case may be, shall, for
AND VICE-PRESIDENT the sole purpose of verifying the actual number of votes cast for President
and Vice-President, or senator count the votes as they appear in the
DETERMINATION OF AUTHENTICITY AND DUE EXECUTION OF CERTIFICATE
copies of the election returns submitted to it.
50
be tried before the court or other tribunal for contesting elections certificate is not conclusive in a direct proceeding to try the title to the
or in quo warranto proceedings. office.
Absence of any determination of irregularity in the election returns as EVIDENCE ALIUNDE ADMISSIBLE TO DISPROVE FINDINGS the fact of
well as order enjoining the canvassing and proclamation, it is having a plurality of the votes lawfully case is what confers the title to the
ministerial duty of the boars of canvassers concerned to count the office, and it is always open for the party receiving such plurality, unless
otherwise expressly provided by law, to go behind the certificate or the
votes based on such return and declare the results. returns and to establish this fact before the appropriate tribunal, although
the canvassers may have decided otherwise.
WHEN QUASI-JUDICIAL the board of canvassers, however is guided by
election returns transmitted to it which are in due form and that they must COURTS DECISION PREVAILS OVER FINDINGS between the
be satisfied of the genuineness of the returns, namely, that the papers determination by the trial court of who of the candidates won the elections
presented to it are not forged and spurious, and when the returns are and the finding of the Board of Canvassers as to whom to proclaim, it is
obviously manufactured, it will not be compelled to canvass them. the courts decision that should prevail.
it must be satisfied that the returns are genuine or authentic, meaning
trustworthy and not false. It may reject election returns submitted
to it for the purpose of the required canvass, if in its opinion, they
were obviously manufactured, or contrary to all probabilities, or
utterly improbable and clearly incredible.
It is the duty of the board to suspend the canvass where there are
patent erasures and super-impositions in the words and figures on
the face of the election returns, or when another copy of the
statement of the election returns gives to a candidate a different
number of votes and such affects the result of the election, or
there is a difference between the votes of the same candidate
written in words and those written in figures, or the election return
is clearly falsified, or is not legible.
If the true nature and scope of the power of the Board of Canvassers
and the COMELEC under the law in connection with the canvass
of votes is that the canvassers are to be satisfied of the
genuineness of the returns which means the exercise of judgment
or discretion, however limited, to determine whether any given
return before it is genuine, then the duties and powers to make
such determination are quasi-judicial.
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consolidates/canvasses and transmits electronically the results of the vote identification marks, magnetic strips, bar codes and other technical and
count. security markings, are provided on the ballot.
Direct recording electronic election system type or automated election
system that uses electronic ballots, records, votes by means of a ballot The official ballots shall be printed and distributed to each city/municipality at
the rate of 1 ballot for every registered voter with a provision of additional
display provided with mechanical or electro-optical component that can be 4 ballots per precinct
activated by the voter, processes data by means of a computer programs,
record voting data and ballot images, and transmits voting results FILING OF CERTIFICATE OF CANDIDACY
electronically.
The Commission shall set the deadline for the filing of certificate of
BOARD OF ELECTION INSPECTORS candidacy/petition of registration/manifestation to participate in the
election. Any person who files his certificate of candidacy within this period
Where AES shall be adopted, at least 1 member of the BEI shall be an shall only be considered as a candidate at the start of the campaign period
information technology capable person, who is trained or certified by the for which he filed his certificate of candidacy
Department of Science and Technology (DOST) to use the AES
o Such certification shall be issued by the DOST, free of charge. Unlawful acts or omission applicable to a candidate shall effect only upon the start of
the aforesaid campaign period.
OFFICIAL BALLOT
Any person holding a public appointive office or position, including active
members of the armed forces, and officers, and employees in GOCCs
COMELE shall prescribe the size and form of the official ballot which shall shall be considered ipso facto resigned from his/her officer and must
contain the titles of the positions to be filled and/or the propositions to be
voted upon in an initiative, referendum or plebiscite. vacate the same at the start of the day of the filing of his/her certification of
candidacy
Under each position, the names of candidates shall be arranged alphabetically by
surname and uniformly printed using the same type size Political parties may hold political conventions to nominate their official
candidate within 30 days before the start of the period for filing certificate
A fixed space where the chairman of the BE shall affix his/her signature to authenticate of candidacy.
the official ballot shall be provided
ELECTION RETURNS
The official ballots shall be printed by the National Printing office and/or the
Bangko Sentral ng Pilipinas at the price comparable with that of private Each copy of the of the printed election returns shall bear appropriate control
printers under proper security measures which the Commission shall marks to determine the time and place of printing. Each copy shall be
adopt. signed and thumbmarked by all the members of the BEI and the watchers
present
The Commission may contract the services of private printers upon the
certification by the NPO/BSP that it cannot meet the printing If any member of the BEI present refuses to sign, the chairman of the board
requirements. Accredited political parties and deputized citizens shall note the same copy in each copy of the printed election returns.
arms of the Commission may assign watchers in the printing,
storage and distribution of official ballots The member of the BEI concerned refusing to sign shall be compelled
to explain his or her refusal to do so. Failure to explain an
To prevent the use of fake ballots, the Commission through the Committee unjustifiable refusal to sign each copy of the printed election
shall ensure that the serial number on the ballot stub shall be printed in
magnetic ink that shall be easily detectable by inexpensive hardware and
shall be impossible to reproduce on a photocopying machine, and that
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54
The district/provincial board of canvassers shall canvass the votes for CONGRESS AS NATIONAL BOARD OF CANVASSERS
president, vice-president, senators, members of the House of The Senate and the House of Representatives in joint public session shall
Representatives and elective provincial officials by consolidating compose the national board of canvassers for president and vice-president
the results electronically transmitted from the city/municipal
consolidating centers or the results contained in the data storage The certificate of canvass for president and vice-president duly certified by the
devices submitted by the board of canvassers of the municipalities board of canvassers of each province or city, shall be electronically
transmitted to the Congress, directed to the president of the Senate
and component cities. Upon completion of the canvass, it shall
produce the certificates of canvass votes for president, vice- Upon receipt of the certificate of canvass, the President of the Senate shall,
president and senators and thereafter, proclaim the elected not later than 30 days after the day of the election, open all certificates in
members of the House of Representatives and the provincial the presence of the Senate and the House of Representatives in joint
official. public session and the Congress upon determination of the authenticity
and the due execution thereof in the manner provided by law, canvass all
The municipal, city, district and provincial certificates of canvass of votes shall each be the results for president and vice-president and thereafter, proclaim the
supported by a statement of votes. winning candidates.
Within 1 hours after the canvassing, the Chairman of the district or provincial RANDOM MANUAL AUDIT (RMA)
Board of Canvassers or the city board of canvassers of those cities which
comprise one or more legislative districts shall electronically transmit the
certificate of canvass to the commission sitting as the national board of Where the AES is used, there shall be a random manual audit in one precinct per
canvassers for senators and party-list representatives and to the Congress congressional district randomly chosen by the Commission in each province and
as the National Board of Canvassers for the president and vice-president, city. Any difference between the automated and manual count will result in the
directed to the President of the Senate. determination of root cause and initiate a manual count for those precincts affected
by the computer or procedural error
The Commission shall adopt adequate and effective measures to
preserve the integrity of the certificates of canvass transmitted Guidelines on reading of ballots the Chairman, prior to reading the votes cast, shall:
electronically and the results in the storage devices at the various o Check for over-voting in each position subject to RMA.
levels of the boards of canvassers. o OVER-VOTE situation where a voter selects more than the
allowed number of candidate/s for a particular position
The certificates of canvass transmitted electronically and digitally signed shall In case there is an over-vote, such fact shall be recorded in
be considered as official election results and shall be used as the basis for the minutes by the Chairman but the vote shall not be
the proclamation of a winning candidate.
counted for any candidate for that particular position.
However, the fact of over-voting in any particular position
COMELEC AS NATIONAL BOARD OF CANVASSERS will not invalidate the entire ballot. It shall remain valid
and votes for other positions (that are not over-voted)
The chairman and members of the COMELEC sitting en banc, shall compose
the national board of canvassers for senators and party-list shall be counted
representatives. It shall canvass the results by consolidating the In case an oval is not shaded properly or contains other marks (such
certificates of canvass electronically transmitted. as checks or crosses), the vote corresponding to the said
candidate shall be counted but such fact shall be recorded in the
Thereafter, the national board shall proclaim the winning candidates for senators and minutes. The subject ballot shall then be placed in an RMA
party-list representatives.
envelope for Ballots with Ambiguous Marks.
The rules on appreciation of ballots in manual system of counting shall
not apply for purposes of the RMA
During the counting, the Chairman, Secretary and Member shall position
themselves in such a way as to give the watchers and the public an
unimpeded view of the ballot being read by the Chairman, as well as the
Audit Return and Tally Boards being simultaneously accomplished by the
Secretary and Member, respectively.
CONTESTED ELECTIONS order the partial or total suspension of the proclamation of any
candidate-elect or annul partially or totally any proclamation,
Meaning of Pre- proclamation controversy if one has been made, as the evidence shall warrant
Any question or matter pertaining to or affecting the proceedings of the
board of canvassers which may be raised by any candidate or by the reason for this is that unless the proclamation of
any registered political party or coalition of political parties before the a winning candidate is suspended, or if it has
board or directly with the COMELEC been held, set aside, the policy behind the
allowance of pre-proclamation controversies, i.e.
Any matter raised under sections 233,234,235, and 236 of the Omnibus to prevent the losing candidates from grabbing
Election Code in relation to the preparation, transmission, receipt, the proclamation and delaying the resolution of
custody and appreciation of the election returns and election and
certificate of canvass. the electoral contest, will be defeated
Proclamation of other winning candidates
Limited to challenges directed against the board of canvassers and
proceedings before said board relating to particular election returns Notwithstanding the pendency of any pre-proclamation
to which specific verbal objections subsequently reduced to writing controversy, the Commission may motu propio or upon the
should be made.
filing of a verified petition and after due notice and hearing,
Election controversy raised before proclamation because after proclamation, the order the proclamation of other winning candidates whose
controversy becomes an election contest election will not be affected by the outcome of the
controversy
Exclusive jurisdiction of the COMELEC
Controversy to be first heard and decided by a Division of the Commission
COMELEC shall have EXCLUSIVE JURISDICTION over all pre-proclamation
controversies involving LOCAL elective officials.
Under the Constitution Art IX-C Sec 3: All election cases,
EXCEPTION: pre-proclamation cases are not allowed in including pre-proclamation controversies x x x shall be heard
elections for President, Vice-President, Senator and member and decided in division, provided that motions for
of the House of Representatives on matters relating to the reconsideration shall be decided by the Commission en
preparation, transmission, receipt, custody and appreciation banc.
of election returns or the certificate of canvass, as the case
may be, except as provided for in Sec. 30 thereof. COMELEC division all such election cases first be
heard and decided
What is allowed is the correction of manifest errors in
the certificate of canvass or election returns. By
COMELEC En banc does not have original
virtue, however, of the amendments introduced by jurisdiction, or authority to hear and decide the
RA 9369, pre-proclamation cases involving the same at the first instance. But a petition for
authenticity and due execution of certificates of correction of manifest error in the Statement of
canvass are now allowed in elections for President, Votes, or in the tabulation or tallying of the
Vice-President, and Senators.
Partial or total suspension or annulment of proclamation
If the integrity of the ballots have been violated, the COMELEC need not The law is silent as to when the issue regarding errors on the Statement
recount the ballots but should seal the ballot box and order its of Votes may be raised. However, any such error would affect the
safekeeping in accordance with Sec 237 of the Omnibus Election proclamation made on the basis thereof and primordially, in order to
Code. determine the true will of the electorate, the matter may
COMELEC Rules of Procedure which took effect on November 15, A petition for recount must fail, in the absence of any clear showing or
1988, provides that the matter of correction of the statement of votes
may be subject of pre-proclamation case which may be filed directly proof that the election returns, instances where a pre-proclamation
with the COMELEC. recount may be resorted to, granted the preservation of the integrity
of the ballot box and its contents are as follows:
Questions properly cognizable in an election protest
canvassed are incomplete or contain material defects,
Questions as those involving the appreciation of the votes and the appear to have been tampered with, falsified or
conduct of the balloting, which require more deliberate and prepared under duress, and/or
necessarily longer consideration, are left for examination in the contain discrepancies in the votes credited to any
corresponding election protest.
candidate, the difference of which affects the result
of the election
Reopening of the ballot boxes is not a proper issue for a pre-
proclamation controversy but should be threshed out in an election
protest Complete election returns whose authenticity is not in question,
must be prima facie considered valid for the purpose of
canvassing the same and proclamation of the winning
The Commission is duty to bound to investigate allegations of
candidates
fraud, terrorism, violence and other analogous causes in
actions for annulment of election results or for declaration of
failure of elections. This, it may conduct technical To expand the issues beyond those enumerated under Sec 243
examination of election documents and compare and and allow a recount/reappreciation of votes in every instance
analyze voters signatures and fingerprints in order to where a claim of misdeclaration of stray votes is made would
determine whether or not the elections had indeed there open the floodgates to such claims and paralyze canvass
been free, honest, and clean and proclamation proceedings, given the propensity
mandate that all pre-proclamation proceedings, shall be
heard summarily by the COMELEC after due notice laws
A pre-proclamation controversy is not the same as an action for
desire that the canvass and proclamation be delayed as little
annulment of election results or declaration of failure of
as possible.
elections
Held/ Doctrine: ONCE a competent tribunal has acquired a jurisdiction of an election protest
Petition is neither an election case nor a pre-proclamation controversy or a petition for quo warranto all questions relative thereto will have to be
Comelec en banc is only empowered to resolve MR of cases decided by a decided in the case itself and not in another proceeding, otherwise there will
Comelec division be a confusion and conflict of authority.
Velayo v. COMELEC
Distinction between action for declaration of failure of election and pre- Procedure is taken from section 20 RA 7166
proclamation controversy Any candidate, political party or coalition contesting the inclusion or exclusion
in the canvass of any election returns (under Sec 234-236 of Art. XIX of
Pre-Proclamation Controversy Failure of Election and the Omnibus Election Code) shall submit their ORAL OBJECTION to
annulment of election returns the chairman of the board of canvassers when the questioned returns
COMELEC is restricted to an COMELEC is duty bound to are presented for inclusion in the canvass. Objection recorded in the
examination of the election returns investigate allegations of fraud, minutes of the canvass
on their face terrorism, violence and other
analogous causes Upon receipt of objection, the board shall DEFER the canvass of the
COMELEC has no jurisdiction to COMELEC may conduct technical contested returns and proceed to canvass the uncontested returns.
go beyond election returns and examination of election documents simultaneous with the oral objection, written objections must also be
investigate election irregularities Compare and analyze voters entered
signatures and fingerprints. w/in 24 hours from objection, must submit evidence attached to the
written objections
Remedy after winning candidate has been proclaimed w/in same 24 hours, any party may file written and verified opposition to
the objection, attaching supporting evidence; the board shall not
After proclamation and assumption of office by the candidate, a pre- entertain objection or opposition unless in writing
proclamation controversy no longer viable and should be dismissed because evidence attached admitted into the records of the board by the
the proper remedy is an electoral protest where parties are to present chairman affixing his signature at the back of each evidence
witnesses subject to the right of confrontation instead of mere affidavits to
settle the controversy once and for all. upon receipt of evidence, the board shall take up the contested returns,
written objections thereto and opposition, and summarily RULE thereon
Proclaimed and installed candidate may be unseated when: (read Ruling by board on objections below)
opponent is adjudged true winner by final judgment of a court in the election
contest adverse party INFORM the board of intention to appeal said ruling, board
prevailing party is declared ineligible or disqualified by final judgment of a shall enter said information in the minutes of the canvass, set aside the
court in a quo warrantocase returns and proceed to consider other returns
incumbent is removed from office for cause
proclamation is null and void as declared by COMELEC after all uncontested returns have been canvassed and contested returns
ruled upon, board shall SUSPEND the canvass, and any adverse party
Contested composition or proceedings of the board of canvassers may file a written and verified NOTICE OF APPEAL with the board w/in
48 hours from suspension, and an appeal may be taken to COMELEC
Parties adversely affected by the ruling of the board of canvassers on the w/in an non-extendible period of 5 days after filing of notice.
composition or proceedings of the board may appeal the matter w/in 3 days
from the ruling to COMELEC which will summarily decide w/in 5 days from Upon receipt of notice, the board make a REPORT to Comelec, elevating the
filing. complete records and evidence in the canvass, and serving parties with
copies of the report
Procedure in disposition of contested election returns On the basis of records and evidence elevated, Comelec shall DECIDE
summarily the appeal w/in 7 days from receipt of records and evidence.
An appeal w/o the accomplished forms and evidence appended shall be
Board of canvassers shall not PROCLAIM any candidate as winner unless When is exclusion of election returns justified?
authorized by Comelec after ruling on the appeal of the losing To justify exclusion of election returns, the alleged threats etc. which
party,otherwise, the proclamation is void ab initio, unless the contested attended the preparation of said returns must have affected the
returns will not adversely affect the results of the election.( this regularity or genuineness of the contested returns. If the election
returns reflect the true results of the voting at precint level, any
particular rule applies only to a void proclamation in relation to coercion and intimidation that may give rise to legal, and criminal
contested returns and not to contested qualifications of a candidate) liability, will not justify the exclusion of the returns.
Requirements with respect to objections Example: X obtained 5 votes in a precint, by reason of force and intimidation,
the BEI was compelled to make an entry of 50 votes for X. (in this case
In written form with supporting evidence attached thereto. Objections exclusion is proper) However, even if there is coercion and intimidation but
must be reduced in writing. Evidence must also be presented within 24 the same did not alter the returns, exclusion will not be justified.
hours. Non compliance with the mandatory procedure will result in the
summary dismissal of the appeal. Petitioner has burden to prove that he has Pre-proclamation cases
aa) prima facie case for his objection and b) the evidence he will present
regarding the exclusion will change the results of the election. Not allowed in elections for President, Vice President, Senator, and
Members of the House of Rep but does not preclude the
A mere allegation that certain returns are altered or are spurious will not canvassing body motuproprio or upon written complaint to correct
operate to exclude it from canvassing manifest errors in the certificate of canvass or election returns
before it
Evidence must be CLEAR and CONVINCING
Questions affecting the composition or proceedings of the Board
Reasons for the requirements: the requirements are crucial to the of Canvassers may be initiated in the board or directly with
delivery of speedy and equitable relief in pre-proclamation Comelec under Sec 17 of RA 7166
controversy.
Pre-proclamation cases on provincial, city and municipal offices shall be
Note: ABSENT any showing of grave abuse of discretion, findings of allowed and governed by sec 17-22 of RA 7166
COMELEC or any admin agency on this matter are binding on the SC.
General Rule: All pre-proclamation cases pending before Comelec deemed
Ruling by board on objections terminated at the beginning of the term of the office involved and the
rulings of the Board of Canvassers deemed affirmed, w/o prejudice to
Board of Canvassers must make a written ruling on the formal the filing of regular election protest by the aggrieved party.
objections. Failure or refusal to do so not prejudice objecting partys
right to elevate case to Comelec for proper review.
Exceptions: Proceedings may continue when based on the evidence,
When is a ruling improper or not necessary? Comelec determines that the petition is meritorious and shall order to
Board ruling not necessary or proper where the matter is beyond its continue the proceedings, or when the Supreme Court orders the
competence, such as inclusion or exclusion in the canvass of continuance in a petition for certiorari. Running of the period to file
election returns. Immaterial that the inclusion of votes would affect election protest suspended by the pendency of such cases before
the overall results, as long as the returns appear to be authentic Comelec or the SC.
and duly accomplished, the board cannot look beyond them to
verify irregularities in the casting or counting of votes. Board
Election Protest Quo Warranto (election) Actual and compensatory damages may be awarded in election
Purpose is to ascertain whether the Special Civil Action contests or quo warranto proceedings.
candidate proclaimed by the Board of
Canvassers is the true and lawful Institution of Election Contest:
choice of the electorate
It is a contest between the defeated Raises the issue of disloyalty An election contest may be an election protest or a quo warranto. While
and winning candidates on the or ineligibility of the winning these two are distinct remedies, they have a common objective: to dislodge a
grounds of Frauds/ Irregularities in the candidate winning candidate from office.
casting and counting of ballots, or in
the preparation of the returns. Right to institute election contest
It raises the questions of who actually It is a proceeding to unseat the
obtained the plurality of the legal respondent from office but not Duties of Board of canvassers merely of ministerial nature and their
votes, and, therefore entitled to hold necessarily to install the certificate of election being the prima facie evidence of election, it
the office petitioner in his place is competent for a defeated candidate who has not caused or
It can only be filed by a candidate ANY VOTER may initiate the contributed to the irregularities or frauds, to institute proceedings
who has duly filed a certificate of action. for the determination of the title to the office.
candidacy and has been voted for in
the preceding elections Sec 250 of Omnibus Election Code: protest must be filed by a candidate who
has duly filed his certificate of candidacy and has been voted for the same
office. It does not require that the matter be specifically alleged in the
protest.
When candidate has been proclaimed as elected, taken his oath and The power to annul an election should be exercised with the
assumed the duties of his office, the remedy of the defeated candidate greatest care as it involves the free and fair expression of the
is not pre-proclamation contest but electoral protest, under the popular will. SCs jurisdiction to review decisions and orders of
assumption of a valid proclamation. electoral tribunals (Comelec) operates only upon a clear
showing of grave abuse of discretion.
Null and void proclamation due to clerical error and simple mathematical
mistake in the addition of votes, and not through the legitimate will of the The annulment of an election on the ground of fraud, irregularities,
electorate, Comelechas authority to annul the canvass and the proclamation. and violations of election laws may be raised as an incident to an
election contest. Such grounds may be invoked in an election protest
Validity of proclamation may be challenged even after the irregularly case.
proclaimed candidate has assumed office. Once proclamation nullified,
case reverts to a pre-proclamation controversy. Execution pending appealRules of Court allows RTC to order
execution pending appeal upon good reasons stated in the special
Election contest imbued with public interest order, can be applied to election protests (rule 41 Comelec rules of
procedure) decided by the courts.
Deep public interest to determine true choice of people election Motion for execution pending appeal may be filed any time
contest imbued with public interest unlike an ordinary action. Time before the period for perfection of the appeal.
is of the essence in the disposition of an election protest. Neither
fair nor just that one whose right to the office is doubted should Pleading and Practice- the rules of civil procedure do not apply to
remain on that office for uncertain period.The COMELEC in order to election cases. They apply only by analogy or in a suppletory
do justice and truly determine the rightful winner in the elections, may character and whenever practicable and convenient. Election
suspend its rules if they stand in the way of finding the truth. Contests are subject to the COMELEC Rules of Procedure which
should be applied with LIBERALITY. It is not required that a petition
Election contest survives death of either party theretothe right to a public contesting the election of any municipal official be accompanied by a
office is personal and exclusive to the public officer. BUT an election certification of non-forum shopping.
protest is NOT because it is imbued with public interest.
Winning candidates qualification- To challenge the winning candidates
Election laws liberally construed to the end that the will of the people in the qualifications, the petitioner must clearly demonstrate that the
choice of public officers may not be defeated by mere technical ineligibility is so patently antagonistic to constitutional principles and
objections. legal principles that overriding such ineligibility and thereby giving
effect to the apparent will of the of the people would ultimately create
Failure to raise a ground in protest does NOT preclude Comelec from greater prejudice to the very democratic institutions and juristic
rejecting the protest on that ground. It is not intended that the contest traditions that our Constitutions and laws so zealously protect and
set forth the grounds of his protest with the same precision as promote.
required of a pleading in ordinary civil cases.
What is a demurrer to evidence? Comelec shall decide the appeal w/in 60 days after it is submitted for
decision, but not later than 6 months after the filing of the appeal, which
A demurrer to evidence is an objection by a party to an action to the effect decision shall be final, unappealable, and executory.
that the evidence which his adversary produced is insufficient in point
of law to make out a case or sustain in the issue in the case. It is Motion for reconsideration in the trial court not allowed by the
equivalent to a motion to dismiss. Omnibus Election Code sec 26 and the Comelec Rules of Procedure sec
20 rule 35, thus its filing will not suspend the period to appeal.
Rules of Civil Procedure is not applicable to election cases except by
analogy or in suppletory character. Courts shall give preference to election contests over all other cases,
except those of habeas corpus, and shall hear and decide the case
Can the Rules on Demurrer to evidence be applied in election cases even by within 30 days from date of submission for decision but not later than 6
analogy or in suppletory character? NO months after filing.
The fact the electoral tribunal is the sole judge of all election contests A combination of two or more of the above stated reasons will suffice to grant
involving members of Congress does not bar the SC from entertaining execution pending appeal.
petitions which charge the electoral body with grave abuse of discretion, Section 2, Rule 39 of the Rules of Civil Procedure applies in suppletory
character to election cases. Thus, allowing execution pending appeal in the
President or Vice-President SC en banc shall be the sole judge of all discretion of the court.
contests relating to election, returns, and qualifications of the P and
VP, and may promulgate its rules for the purpose. Distinctions between defective elections and defective returns
Assumption of Office During Pendency of Election Protest Return is set aside only when it is tainted with fraud, or with the
misconduct of the election officers, that the truth cannot be
The pendency of an election contest is not a sufficient basis to enjoin one deduced from it. The duty still remains to let the election stand and
who has been proclaimed as duly elected from assuming office as required to ascertain from other evidence the true state of the vote.
of him by law, otherwise the efficiency of public administration would be
impaired. The return may be excluded and set aside at the cost of disenfranchising
the voters only on the clearest and compelling showing of their nullity,
Until the election protest is decided against the winning candidate, he otherwise, they shall be included and considered prima facie valid for the
has a lawful right to assume and perform the duties and functions of purpose of canvassing the same and proclaiming the winning candidate.
the office. Rules of Court allows execution pending appeal in election
cases upon good reasons. Election is only set aside when it is impossible from any evidence w/in reach
to ascertain the true result.
Expiration of term of the office contested renders the election contest moot
and academic and is a ground for its dismissal, unless rendering of decision Annulment of an election can be justified where as a result of the irregularity
on the merits would be of practical value. many unqualified voters have their names inscribed in the official list, and it
was impossible to segregate the legal from the illegal votes.
Power to throw an election should be exercised with the greatest care and
only under circumstances w/c demonstrate beyond reasonable doubt that the
disregard of the law has been so fundamental that it is impossible to
To justify the exclusion of election returns, the alleged threats, Note: photocopies of ballots deemed not best evidence thereof.
intimidation or violence that attended the preparation of the said returns
must have affected the regularity or genuiness of the contested returns. Poll-books and tally sheets required by law to be kept showing who has
voted and who are legally entitled to vote, resort may be had to these
Evidence on the election books or sheets to ascertain the number of votes cast and persons who
have voted.
Rule on Evidence:
The protestant must stand or fall upon the issues he had raised in his original Election officialswhere the ballots not kept as required by law, after proof
or amended pleading filed PRIOR to the lapse of the statutory period for filing of loss of the tally sheets and poll-books, the evidence of the election
of protest or counter protest. The court can only consider the evidence officers may be received to show what was the result of the election as
presented prior to the submission of the case for decision or resolution. It counted and declared by them
must not take into account evidence presented therafter without obtaining
prior leave of court.
Where a mode of preserving the ballots is enjoined by law, proof must be made Omnibus Election Code: Actual or compensatory damages may be
of such substantial compliance with that law granted in all election contests or in quo warranto proceedings.
It is only when the protestant has shown substantial compliance with the
provisions of law on the preservation of the ballots that the burden of
proving the actual tampering or the likelihood thereof shifts to the
protestee
The COMELEC is vested with the authority to exempt those who Committed by any public officer or any officer of any public or
have committed election offenses under Section 261 (a) and private corporation or association, or any head, superior, or
(b)but volunteer to give informations and testify on any administrator of any religious organization, or any employer
violation of said law in any official investigation or proceeding or landowner;
with reference to which his information and testimony is
given. Who coerces or intimidates or compels, or in any
manner influences, directly or indirectly,
The immunity seeks a rational accommodation between the
imperatives of the privilege against self-incrimination and the Any of his subordinates or members or parishioners or
legitimate demands of government to encourage citizens, employees or house helpers, tenants, overseers,
including law violators, to testify against law violators. farm helpers, tillers, or leaseholders;
The testimony of a voluntary witness operates as a pardon for To aid, campaign, or vote for or against any candidate
the criminal charges to which it relates. The law gives him or any aspirant for the nomination or selection of
immunity from investigation and prosecution for any offense candidates.
in Section 261 (a) and (b) with reference to which his
information is given. Committed by any public officer or any officer of any commercial,
industrial, agricultural, economic or social enterprise or
The power to grant exemptions is vested solely on the public or private corporation of association, or any head,
COMELEC. It is generally not subject to judicial review, superior or administrator of any religious organization, or any
unless the COMELEC commits a grave abuse of discretion employer or landowner;
amounting to excess or lack of jurisdiction.
Any subordinate member or affiliate, parishioners, Appointment of new employees, creation of new positions,
employee or house helper, tenant, overseer, farm promotion, or giving salary increases within the election period.
helper, tiller or leaseholder;
Committed during the period of 45 days before a regular election
For disobeying or not complying with any of the acts and 30 days before a special election;
ordered by the former to aid, campaign or vote for
or against any candidate, or any aspirant for the Committed by any head, official or appointing officer of a
nomination or selection of candidates. government office, agency, instrumentality, whether national
or local, including GOCC;
Threats, intimidation, terrorism, use of fraudulent device or other
forms of coercion. Who appoints or hires any new employee, whether
provisional, temporary, or cause or creates and
Committed by any person; fills any position EXCEPT upon prior authority of
the COMELEC.
Who, directly or indirectly, intimidates or actually causes, inflicts
or produces any violence, injury, punishment, damage, loss The Commission shall not grant the authority
or disadvantage; sought unless
It is satisfied that the position to be filled is
Upon any person or persons or that of the immediate members essential to the proper functioning of the
of his family, his honor or property, or uses any fraudulent office or agency concerned, and
device or scheme; The position shall not be filled in a manner that
may influence the election.
To compel or induce the registration or refraining from
registration of any voter, or the participation in a campaign, EXCEPTION: A new employee may be appointed in
or the casting of any vote or omission to vote, or any case of urgent need. In such case, notice of the
promise of such registration, campaign, vote, or omission appointment shall be given to the Commission within
therefrom. three days from the date of the appointment. Any
appointment or hiring in violation of this provision
If the election returns reflect the true results of the voting at shall be null and void.
the precinct level, any coercion and intimidation may give
rise to legal, including criminal liability but will not justify Committed by any government official;
the exclusion of the returns.
Who promotes, or gives any increase of salary or
Coercion of election officials and employees. o remuneration or privilege to any government official
or employee, including those in GOCC.
Committed by any person;
Two elements must be established to prove violation of the law: Unlawful electioneering.
The fact of transfer or detail within the election period as fixed by
the COMELEC; and It is unlawful to solicit votes or undertake any propaganda
Such transfer or detail was effected without prior approval of the
COMELEC in accordance with its implementing rules and On the day of the registration before the board of election
regulations. inspectors and on the day of the election;
Intervention of public officers and employees in the civil service in For or against any candidate or any political party within the
any partisan political activity. polling place and within a radius of 30 meters thereof.
Committed by any officer or employee in the civil service, any Dismissal of employees, laborers or tenants for refusing or failing
officer, employee, or member of the Armed Forces of the to vote for any candidate.
Philippines, or any police force, special forces, home
defense forces, barangay self-defense units and all other No employee or laborer shall be dismissed, nor a tenant be
para-military units that now exist or which may hereafter be ejected from his land holdings for refusing or failing to vote
organized, EXCEPT those holding political offices; for any candidate of his employer or landowner.
Who directly or indirectly, intervenes in any election campaign or Any employee, laborer or tenant so dismissed or ejected shall be
engages in any partisan political activity EXCEPT to vote or reinstated and the salary or wage of the employee or laborer,
to preserve public order if he is a peace officer. or the share of the harvest of the tenant, shall be
Committed by any appointing authority who appoints or any Any printing press, radio, television station or audiovisual
person who utilizes the services of special policemen, equipment operated by the Government or by its
special agents, confidential agents or persons performing subdivisions, agencies or instrumentalities, including GOCC,
similar functions; persons previously appointed as special or by the AFP; or
policemen, special agents, confidential agents or persons
performing similar functions who continue acting as such, Any equipment, vehicle, facility, apparatus, or paraphernalia
and those who fail to turn over their firearms, uniforms, owned by the government or by its political subdivisions,
insignias and other badges of authority to the proper officer agencies, including GOCC, or by the AFP for any election
who issued the same. campaign or for any partisan political activity.
At the start of the aforementioned period, the barangay captain, Carrying deadly weapons within the prohibited area.
municipal mayor, city mayor, provincial governor or any appointing
authority shall submit to the COMELEC a complete list of all special Committed by any person
policemen, special agents or persons performing similar functions in
the employ of their respective political subdivisions, with such Who carries any deadly weapon in the polling place and within
particulars as the Commission may require. the radius of 100 meters thereof during the days and hours
fixed by law for the registration of voters in the polling place,
15. Illegal release or prisoners before and after election. voting, counting of votes, or preparation of election returns.
Committed by the Director of the Bureau of Corrections, any However, in cases of affray, turmoil or disorder, any peace officer
provincial warden, the keeper of the jail or the person or or public officer authorized by the COMELEC to supervise
persons required by law to keep prisoners in their custody the election is entitled to carry firearms or any of other
weapon for the purpose of preserving order and enforcing
Who illegally orders or allows any prisoner detained in the the law.
national penitentiary, or the provincial, city or municipal jail to
leave the premises thereof 60 days before and 30 days after To support conviction, it is not necessary that the deadly weapon
the election. should have been seized from the accused while he was in
the precinct or within a radius of 100 meters therefrom. It is
The municipal or city warden, the provincial warden, the keeper of enough that the accused carried the deadly weapon in the
the jail or the person or persons required by law to keep prisoners in polling place and within a radius of 100 meters thereof.
their custody shall post in three conspicuous public places a list of
the prisoners or detention prisoners under their case. Detention
prisoners must be categorized as such.
UNLESS authorized in writing by the COMELEC. Who wears his uniform or uses his insignia,
decorations or regalia, or bears arms outside the
A motor vehicle, water or aircraft shall not be considered a immediate vicinity of his place or work.
residence or place of business or extension hereof.
During the campaign period, on the day before and on
This prohibition SHALL NOT APPLY to cashiers and disbursing election day;
officers while in the performance of their duties or to
persons, who by nature of their official duties, profession, The prohibition shall not apply when said member is in
business or occupation habitually carry large sums of money pursuit of a person who has committed or is
or valuables. committing a crime in the premises he is guarding;
or when escorting or providing security for the
Use of armored land vehicle, water or aircraft during the campaign transport of payrolls, deposits, or other valuables;
period. or when guarding the residence of private persons
or when guarding private residences, building, or
Committed by any person offices. (Prior written approval of the COMELEC
shall be obtained. The Commission shall decide all
During the campaign period, on the day before and on election applications for authority within 15 days from the
day date of the filing of such application.)
Uses any armored land, water, or aircraft; Committed by any member of the AFP, special forces, home
defense forces, barangay self-defense units and all other
Provided with any temporary or permanent equipment or any para-military units that now exist or which may hereafter be
other device or contraption for the mounting or installation of organized
canons, machine guns and other similar high caliber
firearms, including military type tanks, half trucks, scout
Who wears his uniform or bears arms outside the
trucks, armored trucks, of any make or model, whether new,
camp, garrison or barracks to which he is
reconditioned, rebuilt or remodeled.
assigned or detailed or outside their homes, in
case of para-military units, UNLESS:
Banking or financial institutions and all business firms may use not The President of the Philippines shall have given
more than 2 armored vehicles strictly for, and limited to, the purpose previous authority therefore; and
of transporting cash, gold bullion, or other valuables in connection
The COMELEC authorizes him to do so, which
with their business from and to their place of business, upon
authority it shall give only when necessary to
previous authority of the COMELEC.
assist in maintaining free, orderly and
honest elections, and only after due notice
and hearing.
Acting as bodyguards or security in the case of policemen and During 45 days before a regular election and 30 days before a
provincial guards during the campaign period. special election, releases, disburses or expends any public
funds for any and all kinds of public works, EXCEPT:
During the campaign period, on the day before and on election
day; Maintenance of existing and/or completed public works
project. However, not more than the average
It is committed by any member of the PNP, the AFP, special number of laborers or employees already
forces, home defense forces, barangay self-defense units, employed therein during the six-month period
and any other para-military units that now exist or which immediately prior to the beginning of the 45-day
hereafter be organized period before election day shall be permitted to
work during such time. No additional laborers shall
Who acts as bodyguard or security guard of any public official, be employed for maintenance work within the said
candidate or any other person, any of the latter who utilizes period of 45 days.
the services of the former as bodyguard or security guard.
Work undertaken by contract through public bidding
After due notice and hearing, when the life and security of a held, or by negotiated contract awarded, before
candidate is in jeopardy, the COMELEC is empowered to the 45-day period before election. Work
assign at the candidates choice, any member of the PNP to undertaken under the so-called takay or
act as his bodyguard or security guard in a number to be paquiao system shall not be considered as
determined by the Commission but not to exceed three per work by contract.
candidate.
Payment for the usual cost of preparation for working
When the circumstances require immediate action, the drawings, specification, bills of materials,
Commission may issue a temporary order allowing the estimates, and other procedures preparatory to
assignment of any member of the PNP to act as bodyguard actual construction including the purchase of
or security guard of the candidate subject to confirmation or materials and equipment, and all incidental
revocation.
Penalties The perpetual temporary special disqualification for the exercise of the
right of suffrage shall deprive the offender perpetually or during the
Imprisonment of not less than one year but not more than 6 years and term of the sentence, according to the nature of said penalty, of the
shall not be subject to probation. In addition, the guilty party shall be right to vote in any popular election for any public office or to be
sentenced to suffer disqualification to hold public office and elected to such office.
deprivation of the right to suffrage. If he is a foreigner, he shall be
sentenced to deportation which shall be enforced after the prison A plenary pardon, granted after election but before the date fixed by law
term has expired. for assuming office, has the effect of removing the disqualification
Any political party found guilty shall be sentenced to pay a fine not prescribed by both the criminal and electoral laws.
less than P10,000, which shall be imposed upon such party after
criminal action has been instituted in which corresponding officials Other election offenses under the Electoral Reforms Law of 1987
have been found guilty.
Any person who
In case of prisoner or prisoners illegally released from any penitentiary or
jail during the prohibited period, the Director of the Bureau of Causes the printing of official ballots and election returns by any
Corrections, provincial warder, keeper of the jail or prison, or persons printing establishment which is not under contract with
who are required by law to keep said prisoner in their custody shall, if COMELEC and any printing establishment which undertakes
convicted by a competent court, be sentenced to suffer the penalty of such unauthorized printing;
prision mayor in its maximum period of the prisoner or prisoners so
illegally released commit any act of intimidation, terrorism or Declared as a nuisance candidate or is otherwise disqualified by
interference in the election. final and executory judgment, who continues to misrepresent
himself, or holds himself out, as a candidate, such as by
Any person found guilty of the offense or failure to register or failure to continuing to campaign thereafter, and/or other public officer
vote shall, upon conviction, be fined P100. in addition, he shall suffer or private individual, who knowingly induces or abets such
disqualification to run for public office in the next succeeding election misrepresentation by commission or omission shall be guilty
following his conviction or be appointed to a public office for a period of an election offense and subject to the penalty provided in
of one year following his conviction. the Omnibus Election Code;
The necessary penalty of temporary absolute disqualification disqualifies Tampers, increases, or decreases the votes received by a
the convict from public office and from the right to vote, such candidate in any election or any member of the board, who
disqualification to last only during the term of the sentence; refuses, after proper verification and hearing, to credit the
correct votes or deduct such tampered votes;
The accessory penalty of perpetual special disqualification for exercise of
suffrage deprives the convict of the right to vote or to be elected or Refuses to issue duly accredited watchers and certificate of
hold public office perpetually, as distinguished from votes after the counting of the votes cast and announcement
of results of the election.
Other election offenses under the Absentee Voting Act of 2003 These prohibited acts are electoral offenses and punishable in the
Philippines.
Any officer or employee of the Philippine government who influences or
attempts to influence any person covered by the Act to vote, or not to The penalties imposed under Section 264 of the Omnibus Election Code as
vote, for a particular candidate. Nothing in the Act shall be deemed to amended, shall be imposed on any person found guilty of committing any of
prohibit free discussion regarding politics or candidates for public the prohibited acts as defined above. The penalty of prision mayor in its
office minimum period shall be imposed upon any person found guilty under 2(b)
Any person who without the benefit of the operation of the Indeterminate Sentence Law. If the
Deprives any person of any right secured in the Act, or to give offender is a public officer or a candidate, the penalty shall be prision mayor
false information as to his/her name, address, or period in its maximum period. In addition, the offender shall be sentenced to suffer
Immigrants and permanent residents who do not resume residence in the If the discovery of the offense be made in an election contest
Philippines as stipulated in their affidavit within 3 years after approval of his proceedings, the period of prescription shall commence on the date
on which the judgment in such proceedings becomes final and
registration under the Act and yet vote in the next elections contrary to the executory.
said section, shall be penalized by imprisonment of not less than 1 year and
shall be deemed disqualified. His passport shall be stamped not allowed to Jurisdiction of courts
vote.
RTC exclusive original jurisdiction to try and decide any criminal action or
Investigation and prosecution: proceedings for the violation of the Omnibus Election Code,
The COMELEC shall, through its duly authorized legal officers, have the MTC - those relating to the offense of failure to register or failure to vote.
power concurrent with the other prosecuting arms of the government
to conduct preliminary investigation of all election offenses For the decision of the courts, appeal will lie as in other criminal cases.
punishable under the Omnibus Election Code, and to prosecute the
same. The Commission may avail of the assistance of other Preferential disposition of election offenses
prosecuting arms of the government.
In the event that the Commission fails to act on any complaint within four The investigation and prosecution of cases involving violations of the
months from his filing, the complainant may file the complaint with election laws shall be given preferences and priority by the
COMELEC and prosecuting officials. Their investigation shall be
the office of the fiscal or with the DOJ for proper investigation and commenced without delay, and shall be resolved by the investigating
prosecution, if warranted. officer within five days from its submission for resolution.
The Constitutional and statutory mandate for the COMELEC to
investigate and prosecute cases of violation of election laws The courts shall likewise give preference to election offenses over all other cases
translates, in effect, to the exclusive power to conduct preliminary EXCEPT petitions for writ of habeas corpus.
investigations in cases involving election offenses for the twin
purpose of filing an information in court and helping the Judge
determine, in the course of preliminary inquiry, whether or not a
warrant of arrest should be issued.