ELECTION LAW

NACHURA BOOK

SUFFRAGE - The right to vote in the election of officers chosen by the people and in the
determination of questions submitted to the people. It includes election, plebiscite, initiative and
referendum.

- Fundamental idea of democracy and republican state is the right of the people to determine
their own destiny through their choice of leaders.
- Limiting the airtime of the national candidates and political parties’ advertisement was
violative of the people’s right to suffrage.

ELECTION - People choose their officials for a definite and fixed period and to whom they entrust
for the time being the exercise of the powers of the government.

KINDS:
1. Regular - One provided by law
2. Special - One held to fill the vacancy before the expiration of the term

THEORIES ON SUFFRAGE:
1. Natural right theory - It is a natural and inherent right of every citizen who is not disqualified by
reason of his own reprehensible conduct or unfitness.
2. Social Expediency - It is a public office or function conferred upon the citizen for reason of
social expediency conferred upon those who are fit and capable of discharging it
3. Tribal Theory - Necessary attribute of membership in the state
4. Feudal Theory - Adjunct of a particular status, generally tenurial in character
5. Ethnical Theory - Necessary and essential means for the development of society

THEORY PREVAILING IN PH: It is both a privilege and obligation

- Overseas absentee voting act: Immigrants or permanent resident of another country who is
recognized as such in the host country unless she executes an affidavit declaring that she shall
resume actual, physical, permanent residence in PH not later than three years from the
approval of her registration under the said act - DISQUALIFIED TO VOTE

- Members of Armed forces of the PH and PNP and other government officers and employees
who are duly registered voters and who, on election day are temporarily assigned to places
where they are not registered in connection with the performance of election duties shall be
allowed to vote FOR PRESIDENT, VP, SENATORS in the place where they are temporarily
assigned.

- A voter who is illiterate or physically unable to prepare the ballot by himself may be assisted in
the preparation of his ballot by a relative C/A within the fourth civil degree or if he has none,
by any person of his confidence who belong to the same household or to any member of the
board of election inspectors
- It must be indicated in the registration record.
- A person may not assist more than three times except when board of elec inspector.

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- The pilot testing of the PCOS on 2007 national elections in the areas specified in RA 8436 is not
an absolute must for the machines’ use in the 2010 elections. It is sufficient that the capability
of the chosen AES has been demonstrated in an electoral exercise in a foreign jurisdiction.

- BANAT VS COMELEC CASE:

- Automated Election System was challenged in 4 grounds.
SC held:
1. Title is comprehensive enough to include the subjects related to the general purpose.
2. No conflict of jurisdiction since the powers of the Congress and COMELEC and that of PET
and SET are exercised on different occasions
3. The phrase “Where appropriate” leaves to legislature the power to determine the kind of
election offenses which the COMELEC shall prosecute exclusively
4. It is not violative of the freedom of parties to contract.

ELECTION PERIOD - Unless otherwise fixed by the commission on elections in special cases, the
election period shall commence 90 days before the day of the election and shall end 30 days
thereafter.

II. COMELEC
COMPOSITION: 1 Chairman and 6 Commissioners
QUALIFICATIONS:
1. Natural Born
2. At least 35
3. Holder of College degree
4. Must not have been a candidate in the immediately preceding election
- Majority including the chairman must be members of the bar who have been engaged in
practice of law for at least 10 years.

- Appointed by the president with the consent of Commission on appointments

- 7 years without reappointment
- No member shall be appointed or designated in a temporary capacity

DECISION:
- Comelec shall decide by a MAJORITY VOTE of all its members any case or matter brought
before it within 60 days from the date of submission for decision or resolution.

- If commissioners retired prior to the promulgation of decision, Their votes should merely be
considered withdrawn as if they had not signed.
- UNLESS: Withdrawal of the votes would materially affect the result.

- IF EQUALLY DIVIDED: There shall be rehearing. If still no majority:

1. Original cases: DISMISSED
2. Appealed cases: AFFIRMED

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- A protesting candidate cannot file a petition with SC when the comelec vote is equally
divided as a rehearing is not conducted - PREMATURE

- Comelec may sit en banc or in two divisions and shall promulgate its rules

CASES TO BE HEARD AND DECIDED BY DIVISION:

1. All election cases including pre proclamation contests originally cognizable by the
commission.
2. Petition to cancel certificate of candidacy - Involves the exercise of Quasi judicial powers
3. Appealed cases from RTC/MTC
4. Petition for certiorari from decisions of RTC/MTC

CASES IN EN BANC
1. Motion for reconsideration of decision of Division
2. Petition for correction of manifest errors alleging an erroneous copying of figures from the
election return which requires merely a clerical correction or involves simple arithmetic
3. Violation of election laws which involves administrative powers
4. When commission does not exercise its adjudicatory or quasi judicial powers.

- Demurrer to evidence shall not apply to election cases.

- First division and special first division are not two distinct bodies and that there had been
consequent transfers of the case between the two.
- The term special merely indicates that the commissioners sitting therein may only be doing
so in a temporary capacity or via substitution.
- First division did not lose its jurisdiction

- Comelec has the power to suspend its rules in the interest of justice
- Commission may suspend reglementary periods or the requirement of certificate of forum
shopping.

DIVISION ——-> MR ————> EN BANC ————-> SC

REVIEW BY SC
1. Only decisions of Comelec en banc may be brought to SC on certiorari as special civil action
under rule 64 in relation to rule 65
- GR: SC has no power to review decisions of Division.
- EXCEPTIONS:
1. If it will prevent the miscarriage of justice
2. Involves principle of social justice
3. Involves protection of labor
4. Decision sought to set aside is a nullity
5. Extreme urgency
2. Decisions made in the exercise of commissions adjudicatory or quasi judicial powers.
3. Petition for certiorari

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- The SC cannot tabulate the results reflected in the election returns.

- A breach of fundamental right of expression by COMELEC is grave abuse of discretion. The

constitutionality of the notice and letter coming from COMELEC is within the court’s power to
review.

- If purely administrative like choice of appointee - Ordinary courts.

B. CONSTITUTIONAL POWERS AND DUTIES OF COMELEC

1. Enforce and administer all laws and regulations relative to the conduct of an election,
plebiscite, initiative, referendum or recall

- Where the subject of the action is the enforcement of OEC, the case is within the EXCLUSIVE
JURISDICTION of the Comelec and not of regular courts.
- This power includes the ascertainment of identity of political party and its legitimate officers
- Questions of party identity and leadership is exercised by the COMELEC as an incident to its
enforcement powers.
- COMELEC has the power to annul the results of plebiscite.
- COMELEC may regulate enjoyment or utilization of all franchises and permits for the operation
of transportation and other public utilities, media of communication or information to ensure
equal opportunity, honest and peaceful elections.
- Prohibiting publication of election survey results is UNCONSTITUTIONAL
- Prohibiting columnists and radio and TV commentators from commenting on the issues
involved in the plebiscite is unconstitutional.
- Regulatory power may be exercised only over the media but not over the practitioners of
media.
- Resolution limiting the airtime of candidates to air advertisements on television and radio to an
aggregate amount of 120 mins is declared not within the power of COMELEC.
- No pardon, amnesty, parole or suspension of sentence for violation of election laws shall be
granted without the favorable recommendation of the COMELEC.

POWER TO DECLARE FAILURE OF ELECTIONS (Three instances)

1. The election in any polling place had not been held on the date fixed on account of force
majeure, violence, terrorism, fraud or another analogous causes.
2. Election in any polling place had been suspended before the hour fixed by law for the
closing of the voting on account of force majeure, violence, terrorism, fraud or other
analogous causes.
3. After the voting and during the preparation and transmission of the election returns or in the
custody or canvass thereof, such election results in a failure to elect on account of force
majeure, violence, terrorism, fraud or other analogous causes.

- For comelec to conduct hearing on a verified petition to declare failure of elections, it is

necessary that the petition must show the two conditions:
- 1. No voting has taken place in the precinct on the date fixed by the law or even if there was
voting, the election nevertheless resulted in a failure to elect
- 2. Votes not cast would affect the results

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- COMELEC cannot make an official quick count of presidential election results. The sole
exclusive authority is vested to the congress.
- COMELEC cannot deny in due course or cancel certificate of candidacy in DUE FORM
without proper proceedings.
- Comelec chairman has the power to augment actual deficiencies in the item for the conduct
and supervision of recall votes in its budget.

2. Exclusive original jurisdiction over all contests relating to election, returns and qualifications of
all elective regional, provincial and city officials.
Exclusive appellate jurisdiction over all contests involving elective municipal officials decided by
trial courts of RTC or involving elective barangay officials decided by MTC
Decisions, final orders or rulings of the COMELEC involving elective municipal and barangay
offices shall be final and executory and not appealable.

- HRET is the sole judge of all contests relating to elections, returns and qualifications of
MEMBERS OF HOUSE OF REP.
REQUISITES TO BE A MEMBER OF HR

1. Valid proclamation
2. Proper oath
3. Assumption of office

- Comelec is without power to partially or totally annul a proclamation or suspend the effects of
a proclamation without the notice and hearing
- Comelec has the power to issue writs of Certiorari, mandamus, prohibition in the exercise of its
APPELLATE JURISDICTION.
- Comelec has jurisdiction over appeals from decisions of RTC involving elective MUNICIPAL
OFFICIALS (Must be filed within 5 days from receipt of copy. MR IS PROHIBITED PLEADING)
- MTC involving barangay officials - COMELEC ALSO HAS JURISDICTION
- Timely perfection of appeal in election case requires 2 different appeal fees.
1. Trial court fees
2. COMELEC fees

- GR: The right of party to seek execution pending appeal is strictly construed.
- Discretion to allow execution pending appeal belongs to division that rendered the assailed
decision or COMELEC en banc as the case may be.

RTC MAY GRANT MOTION FOR EXECUTION PENDING APPEAL WHEN:

1. Public interest involved or the will of the electorate
2. Shortness of the remaining portion of term
3. Length of time that the election protest has been pending.

- Comelec has statutory power to cite for contempt but only when it is engaged in exercise of
Quasi Judicial powers.
- The fact that the decisions, final orders or ruling of the COMELEC involving elective municipal
and barangay officials are final and executory does not preclude a recourse to the SC.
- May still file Petition for Certiorari (Rule 64) to SC

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3. Decide, save those involving the right to vote all questions affecting elections, including the
determination of the number and location of polling places, appointment of election officials
and inspectors and registration of voters.

- Comelec ultimately determines the change in location of polling places after notice and
hearing.
- Comelec may not appoint military personnel as members of board of election inspectors.

4. Deputize with the concurrence of the president, law enforcement agencies and
instrumentalities of the government including AFP for the exclusive purpose of ensuring free,
orderly, honest and peaceful elections.

- Comelec may recommend to the president the removal of any officer it has deputized.
- Comelec has authority to conduct administrative inquiry of deputized officer

5. Register after sufficient publication political parties, organizations or coalitions which in

addition to other requirements must present their platform or program of government

- Financial contributions from foreign governments and their agencies to political parties,
organizations, coalitions or candidates related to the elections constitute inherence in
national affairs.

6. File upon a verified complaint or on its own initiative petitions in court for inclusion and
exclusion of voters

POWER TO CONDUCT PRELIMINARY INVESTIGATION - Of all offenses punishable under OEC

- Comelec has concurrent jurisdiction to conduct PI with other prosecution arms of gov.

- If Comelec resorted to manual count after automated machines failed, NO FAILURE OF

ELECTIONS. There was compliance with due process
- If failure of elections - Officials will hold over.
- The COMELEC has residual powers to conduct special elections even beyond the deadline
prescribed by the law.
- Date is merely mandatory

III. VOTERS: QUALIFICATIONS AND REGISTRATION

QUALIFICATIONS FOR SUFFRAGE:

1. Citizen of PH not disqualified
2. At least 18
3. Resided in PH for at least 1 year
4. Resided in the place where they propose to vote for at least 6 months immediately
preceding the election

- Transfer of residence solely by reason of occupation, profession or employment does not result
in loss of original residence

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DISQUALIFICATIONS:
1. Any person sentenced by final judgment to suffer imprisonment of not less than 1 year
- RIGHT IS REACQUIRED UPON EXPIRATION OF 5 YEARS AFTER SERVICE OF SENTENCE
2. Any person adjudged by Final judgment of having committed any crime involving disloyalty
to the government or any crime against national security
- RIGHT IS REACQUIRED UPON EXPIRATION OF 5 YEARS AFTER SERVICE OF SENTENCE
3. Insane or incompetent persons as declared by court.

REGISTRATION
- Registration does not confer the right to vote but it is a condition precedent for the exercise of
the right.
- It is a mere regulation not a qualification
- Registration shall be conducted DAILY in the office of election officer.
- No registration shall be conducted when:
1. 120 days before a regular election
2. 90 Days before a special election

-Registration of illiterate or disabled voters is done with the assistance of a relative within 4th civil
degree of consanguinity or affinity or election officer or any member of accredited citizens’ arm
- Failure to vote in two successive preceding REGULAR ELECTIONS shall be a ground for
deactivation of registration.

JURISDICTION OF INCLUSION AND EXCLUSION CASES:

- MTC - All cases of inclusion and exclusion of voters in their respective municipalities and cities.
- Shall be appealed to RTC within 5 days from receipt of notice

PETITION FOR INCLUSION

- Any person whose application for registration has been disapproved may file with the court a
petition to include his name at any time EXCEPT:
1. 105 days before regular elections
2. 75 days before special elections

PETITION FOR EXCLUSION:

- Any registered voter, representative of a political party or election officer may file with the
court at any time except 100 DAYS before regular or 65 days before special

ANNULMENT OF BOOK OF VOTERS

- Verified petition of any voter, election officer or duly registered political party.
- Not constitute a ground for pre proclamation contest

IV. CERTIFICATES OF CANDIDACY

- Qualifications are continuing requirements
- LGC does not specify any particular date when the candidate must possess Filipino
Citizenship. Phil cit is required to ensure that no alien shall govern our people.

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- Official begins to govern only upon the proclamation and on the day his term begins.
- Repatriation retroacts to the date of filing of application

- A person can have only one domicile at a time

- Change of residence requires an actual and deliberate abandonment because one cannot
have two legal residences at the same time.

DISQUALIFICATIONS:

1. UNDER OEC
A. Declared incompetent or insane
B. Sentenced by final judgment for Subversion, insurrection, rebellion or any offense for
which he has been sentenced to a penalty of more than 18 months imprisonment
C. adds
D. asdas

- Absolute pardon extended to ERAP restored his civil and political rights upon acceptance of
the same.
- The phrase “is hereby restored his civil and political rights” substantially complies with the
requirement of express restoration
- The clause in the pardon “Whereas, ERAP has publicly committed to no longer seek any
elective position and office” neither makes it conditional nor militate against the conclusion
that ERAP’s right to seek elective office is restored.

- BP 22 is moral turpitude
- Violation of anti fencing - MT

2. UNDER LGC:
A. Sentenced by final judgment for any offense punishable by one year or more of
imprisonment and within 2 years after serving of sentence

- Probation is not a sentence but a suspension of the imposition of sentence. Grant suspends
the imposition of principal penalty as well as the accessory penalties.
- During the period of probation, The person is not disqualified from running
- Final discharge of the probationer shall operate to restore him all rights suspended

B. Removed from an office as a result of administrative case

- Not retroactive. Jan 1, 1992 onwards only

C. Convicted by final judgment for violating the oath of allegiance of RP

D. Dual Citizenship
- Foreign citizenship must be formally rejected through an affidavit duly sworn before an officer

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- If the candidacy is void from the beginning, The person who obtained the 2nd highest votes
shall be proclaimed.

E. Fugitives from justice in criminal and non political cases

F. Permanent residents in a foreign country or those who have acquired the right to reside
abroad and continue to avail of the same right after the effectivity of LGC

ADDITIONAL GROUNDS:
1. One who has given money or other material consideration to influence, induce or corrupt
the voters
2. Overspending as allowed by the code
- Advertising contract was considered as evidence (EJERCITO CASE)
3. One who committed acts of terrorism to enhance candidacy
4. One who has solicited, received or made contributions prohibited under Sec 89:

- Acts of Governor of giving trophies to various schools did not constitute premature
campaigning because he was just performing his duty as governor.

CERTIFICATE OF CANDIDACY
EFFECT: Any person who files his COC shall be considered a candidate AT THE START OF THE
CAMPAIGN PERIOD for which he filed COC

- Any person holding a PUBLIC APPOINTIVE OFFICE OR POSITION including active members of
AFP and officers of GOCC including those without an original charter shall be considered IPSO
FACTO RESIGNED FROM HIS OFFICE and must vacate the same at the start of the day of the
filing of COC

- Under the present law, NO CANDIDATE CAN BE HELD LIABLE FOR PREMATURE CAMPAIGNING
because “He shall be considered a candidate only at the start of the campaign period.

FORMAL DEFECTS OF COC

- Lack of oath - cannot be annulled on the sole ground of formal defects

DEATH/ WITHDRAWAL/ DISQ

- If after the last day of filing of COC, An official candidate of a REGISTERED POLITICAL PARTY
dies, withdraws or is disqualified for any cause, only a person belonging to and certified by the
same political party may file a COC for the office NOT LATER THAN THE MID DAY OF THE
ELECTION

- In case of valid substitution after the official ballots have been printed, the votes cast for the
substituted candidate shall be considered a vote for the substitute.

- The person must be an OFFICIAL CANDIDATE. The COC of the substituted must be Valid

- Kimberly da silva was only 20 and the requirement for councilor is 23. Kim withdrew her COC
and petitioner filed her own COC as a substitute.

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- SC: VALID SUBSTITUTION. Olivia complied with all the requirements for substitution. First there
was the withdrawal of kimberly’s COC after the deadline for the filing of COC.Second,
Olivia belongs to same political party as kim. Third, Olivia filed her COC not later than the
mid day of the day of election.

- Void COC cannot give rise to valid candidacy. The second placer is deemed to have
garnered the highest votes and must be proclaimed.

WITHDRAWAL OF COC
- There was no law which mandates that the affidavit of withdrawal must be filed with the same
officer where the COC withdrawn was filed.
- It can be filed directly with the main office of COMELEC, Office of regional election director,
office of provincial director or office of municipal election officer.

- When a person files 2 COC for different offices, He becomes eligible for both.
- Except When hr withdraws one of COC before the deadline of the filing of COC

DUTY OF COMELEC: Comelec shall have only MINISTERIAL DUTY to receive and acknowledge
COC
EXC:
1. Nuisance Candidates
2. Cancel COC under Sec 78 of OEC (Material Misrepresentation)

- Comelec has no discretion to give or not to give due course a COC filed in due form. It may
not inquire into matters not appearing on the face of certificate.

- Comelec may cancel MOTU PROPRIO COC who is clearly disqualified under the law to run for
public office.

INSTANCES WHEN COMELEC MAY GO BEYOND THE FACE OF THE COC


1. Nuisance Candidates
Motu proprio or by verified petition if:
A. To put the election process in mockery or disrepute
B. Cause confusion among the voters by the similarity of the names of the registered
candidates
C. Other circumstances of acts which clearly demonstrate the candidate has no bonafide
intention to run for the office

- There must be an opportunity to be heard or else COMELEC commits grave abuse of

discretion

2. PETITION TO DENY IN DUE COURSE OR TO CANCEL CERTIFICATE OF COC

- Under Section 78 of OEC, A verified petition may be filed exclusively on the ground of
MATERIAL MISREPRESENTATION in COC.
- Filed not later than 25 days from the time of the filing of the COC

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- Jurisdiction - DIVISION.

MATERIAL MISREPRESENTATION:
- Must refer to material matters
- Refers to qualifications for elective office EX: Residency, age, citizenship
- There must be an intent to deceive the electorate
- Nickname cannot be considered material misrepresentation

3. Petition for disqualification by Vote buying, Terrorism, Overspending (Section 68)

- Petition for disqualification cannot be treated as quo warranto as it is premature.

PETITION TO DENY IN DUE COURSE COC PETITION FOR DISQUALIFICATION

(SECTION 78) (SECTION 68)

Ground: Grounds:

1. Person’s misrepresentation of any material 1. Possession of permanent status in foreign

qualifications required for elective office country

aspired for. 2. Commission of vote buying, terrorism,

overspending, soliciting or making prohibited
contributions

Not treated a valid candidate. As if he never Actually a qualified candidate BUT Because of
filed COC. supervening infractions he is ordered to
discontinue such candidacy as a form of penal
sanction

Votes are deemed STRAY

2nd highest voter will issue office Rule of succession shall be observed

Substitution not allowed Allowed

Effect of disqualification: If the candidate receives the winning number of votes, The court shall
continue with the trial and hearing and upon motion of the complainant or any intervenor, may
during the pendency order the suspension of the proclamation of such candidate whenever the
evidence of guilt is STONG.

- Ballots indicating only the SIMILAR SURNAME of two candidates for the same position may in
appropriate cases be counted in favor of the bonafide candidate and not considered stray
even if the other candidate was declared a nuisance only after elections.

CAMPAIGN: ELECTION PROPAGANDA, CONTRIBUTIONS AND EXPENSES

ELECTION CAMPAIGN OR PARTISAN POLITICAL ACTIVITY - An act designed to promote the

election or defeat a particular candidate or candidates to public office.

- Public expressions or opinions or discussions of probable issues in a forthcoming election or on

attributes of or criticisms against probably candidates proposed to be nominated shall not be
construed as part of any election campaign.

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NO MORE PREMATURE CAMPAIGN IN THE PH AS OF NOW.

- Print advertisements donated to a candidate shall not be published without the written
acceptance of the said candidate.

CONTRIBUTION - Includes gift, donation, subscription, loan, allowances, deposit of money,

anything of value or a contract, promise or agreement to contribute whether or not legally
enforceable.
- Shall not include services rendered without compensation by individuals volunteering a
portion or all of their time.

PROHIBITED CONTRIBUTIONS:
1. Public or private institutions
- Nothing shall prevent the making of any loan to a candidate or political party by any
such public or private institutions legally in the business of lending
2. Natural and juridical persons operating a public utility or in possession of natural resources of
nation.
3. Natural and juridical persons who hold contracts or subcontracts to supply the government
or any of its divisions, subdivisions, or instrumentalities with goods and services to perform
construction or other works
4. Natural and juridical persons who have been granted franchises, incentives exemptions,
allocations or similar privileges by the government
5. Natural and juridical persons who within 1 year prior to the date of election have been
granted loans or other accommodations in excess of 100k by the government
6. Educational institutions which have received grants of public funds amounting to not less
than 100k
7. Officials or employees of civil service or members of AFP
8. Foreigners and foreign corporations

PROHIBITED DONATIONS BY CANDIDATES:

- No candidate, his or her spouse or any relative within 2nd degree of C/A or his campaign
manager, agent or representative shall DURING THE CAMPAIGN PERIOD or on the day of
election directly or indirectly make any donations to contribute to the construction of any
structure FOR PUBLIC USE or for the use of any religious or civic organization.
- Normal and customary religious dues or contributions or collections on sundays or
scholarships established or made before the prohibited period are excluded.

EXPENSES:
PHP 10 - Pres/VP
PHP 3 - Other candidates
PHP 5 - NO POLITICAL PARTY
PHP 5 - For political parties
- For every registered voter

- Every candidate has to submit within 30 days after the day of the election their statement of
contributions and expenditures
- No person shall assume office until he has filed such statement

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- Except for barangay candidates, Failure to submit warrants administrative offense.

- Includes those who withdrew their candidacy

VI. BOARD OF ELECTION INSPECTORS

Composition: Chairman, member and a poll clerk
- Must be public school teachers
- Registered voter in the city
- Never convicted of any election offense or any other crime punishable by more than 6
months of imprisonment

DISQUALIFICATIONS:
1. Not related within 4th civil degree C/A to any member of BEI or any candidates
2. Not engage in partisan political activity

POWERS:
- Conduct the voting and counting of votes.
- Act as deputies of comelec
- Proceedings are public and held only in the polling place

WATCHERS
- Every registered pol par, coalition and every candidate shall each be entitled to ONE
WATCHER in every polling precinct
- Candidates for Sangunian belonging to same ticket shall collectively be entitled to one
watcher

QUALIFICATIONS:
1. Same as above

VII. CASTING AND COUNTING OF VOTES

- There is nothing in the law that provides that a ballot which has not been authenticated shall
be deemed spurious.
- Ballot is valid even if it is not signed at the back by the chairman of BEI

CHALLENGE OF ILLEGAL VOTER

- Any voter or watcher may challenge any person offering to vote for not being registered or for
using the name of another or for suffering any disqualification or has received or expects to
receive, paid or offered or promises to pay for the vote of another.

APPRECIATION OF BALLOTS
IDEM SONANS - A name or surname incorrectly written which when read has a sound similar to
the name or surname of a candidate when correctly written shall be counted in his favor.

- When two or more words are written on the same line on the ballot all of which are the
surnames of two or more candidates, the same shall not be counted for any of them unless

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one is the surname of an incumbent who has served for at least one year in which case it shall
be counted in favor of the incumbent.

- When in the ballot what is written is a single word which is the first name of the candidate and
which is at the same time the surname of his opponent, the vote shall be counted in favor of
the person having that SURNAME
- When two words are written on the ballot, one of which is the first name of the candidate and
the other is the surname of his opponent, The vote shall not be counted for either.
- Ballots which contain prefixes shall be valid
- Use of nicknames and appellations if accompanied by first name or surname of the
candidate does not annul such vote except when they were used as a means to identify the
voter, in which case the entire ballot is invalid.
- If the candidates voted for exceeded the number of those to be elected, the ballot is valid
but the votes shall be counted only in favor of the candidates whose names were firstly written
by the voter until the authorized number is covered.

- Ascertain and carry into effect the intention of voters if it can be determined with reasonable
certainty

CANVASS AND PROCLAMATION

- During the period beginning election day until proclamation of winning candidates, no
member of the board shall be transferred, assigned or detailed outside of his station without
the prior authority from the COMELEC
- The chairman and members of COMELEC sitting en banc shall compose the national board of
canvassers for senators and party list representatives.
- Senate and HR in joint public session shall compose the national board of canvassers for
president and VP.
- The president of senate shall in not later than 30 days after the day of election open all the
certificates in the present of the senate and HOR in joint public session
- Canvassing board performs a purely ministerial function

PRE PROCLAMATION CONTROVERSY

- for Pres, VP, Senator and HOR, NO PRE PROCLAMATION CASES shall be allowed on matters
relating to the preparation, transmission, receipt, custody and appreciation of election returns
or certificates of canvass
- EXCEPT: AS PROVIDED IN SEC 30

- This does not preclude the authority of the appropriate canvassing body MOTU PROPRIO or
upon written complaint of interested person to correct manifest errors in certificate of canvass
or election return before it.

ELECTION CONSTESTS
1. Original and Exclusive

- PRESIDENT/VP - SC/PET
- Senator - SET
- HOR - HRET

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 ELECTION LAW
NACHURA BOOK

- Regional/Provincial/City - COMELEC
- Municipal - RTC
- Barangay - MTC

- From RTC and MTC - Appeal shall be made exclusively to COMELEC whose decisions shall be
final and executory and not appealable. (within 5 days) (MR is prohibited motion)
- EXC: Grave abuse of discretion to SC (Petition for certiorari)

- From a decision of ELECTORAL TRIBUNAL, Appeal shall be made through Petition for review on
certiorari under Rule 65 filed to SC within 30 days from receipt.

ACTIONS THAT MAY BE FILED:

1. Election Protest
2. Quo Warranto

ELECTION PROTEST REQUISITES:

1. Must be filed by a candidate who has filed a COC and has been voted upon for the same
office
2. Grounds of Fraud, terrorism, irregularities or illegal acts committed before, during and after
the casting and counting of votes.
3. Within 10 days from the proclamation of results

- Purpose of election protest is to ascertain whether the candidate proclaimed is the true and
lawful choice of the electorate .
- Election returns do not accurately reflect the true will of the voters due to alleged
irregularities which attended the counting
- The protestant prays that the official count as reflected in the election returns BE SET ASIDE
in favor of a revision and recount of ballots.

- When the ballots are unavailable or cannot be produced, then recourse can be made to
untampered and unaltered election returns or other election documents as evidence.
- In automated elections, the picture images of the ballots are likewise called official ballots
and are the functional equivalent of the official ballots.

- The filing of an election protest or quo warranto precludes the subsequent filing of a pre
proclamation controversy or amounts to an abandonment of one earlier filed.
- EXC:
1. BOC was improperly constituted
2. Quo warranto is not the proper remedy
3. What was filed was not really an election protest or quo warranto but a petition to annul
proclamation
4. Filing of an election contest was made without prejudice
5. Null and void proclamation

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 ELECTION LAW
NACHURA BOOK

- The period of filing election protest is suspended by the pendency of pre proclamation
contest.
- One day delay of brief does not justify the outright dismissal or an electoral protest based on
technical grounds
- Cert of non forum shopping applies to election cases.
- Death of the protestant does not extinguish an election protest because it is imbued with
public interest.

QUO WARRANTO REQUISITES:

1. Filed by any registered voter in the constituency
2. Grounds of ineligibility or disloyalty to the RP
3. Within 10 days from the proclamation of the results of election

- Damages may be awarded in all election contests or quo warranto proceedings

ELECTION OFFENSES
1. Vote buying (distribution of cigarettes to people who attended meetings is vote buying)
2. Wagering upon the result of the election. It shall be forfeited in favor of gov
3. Threats, intimidation, terrorism
4. Appointment of new employee except in urgent need with notice to COMELEC within 3 days
from appointment)
5. Carrying of deadly weapon within a radius of 100 meters from precinct
6. Transfer or detail of gov official/employee without comelec’s approval
- Mere physical transfer some little steps away does not constitute an offense under this.

ELECTORAL SABOTAGE:
A. Any person or member of the board of election inspectors or BOC who TAMPERS, INCREASES,
OR DECREASES the votes received by a candidate in any election or any member of the
board who refuses after proper verification and hearing to credit correct votes or deduct
such tampered votes.
- If large scale or in substantial numbers - Special election offense: ELECTORAL SABOTAGE and
penalty shall be life imprisonment

IT SHALL FALL UNDER ANY OF THE FOLLOWING CIRCUMSTANCES:

1. Committed in the election of a national elective office which is voted upon nationwide and
the tampering, increase or decrease affect the results of the election to the extent that the
losing candidates is made to appear as the winner
2. Perpetrated to accomplish in a single election document or in the transposition of the figure/
results from one election document to another and votes exceed 5,000 and the same
adversely affects the true results
3. Any form where total votes involved exceeds 10,000

- Good faith is not a defense.

- PRESCRIPTIVE PERIOD FOR ELECTION OFFENSES - 5 Years from the date of commission of the
offense.

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