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GENERAL PRINCIPLES Sources of Philippine election law The election laws of the Philippines are contained in the following: 1987 Constitution BP 881 (Omnibus lection Code! "# $$%$ ( lectoral "eforms &aw of 1987! "# $$79 (Baranga' lections! "# $7() (&aw Pro*iding for +nitiati*e and "eferendum! "# 71$$ (1991 ,'nchroni-ed lections &aw! "# 79%1 ( lection of Part'.&ist "epresentati*es! "# 8189 (Continuing "egistration! "# 8%($ (#utomated lection ,'stem! "# 8)/% "# 900$ (1air lection #ct of /001! conditions2 Scope of suffra"e ,uffrage encompasses the following: (1! Election lection is the means b' which the people choose their officials for definite periods and to whom the' entrust3 for the time being as their representati*es3 the e4ercise of powers of go*ernment2 +t in*ol*es the choice of candidates to public office b' popular *ote2 a2 "egular election : refers to an election participated in b' those who possess the right of suffrage and not dis5ualified b' law and who are registered *oters b2 ,pecial election : when there is failure of election on the scheduled date of regular election in a particular place or which is conducted to fill up certain *acancies3 as pro*ided b' law (e42 To fill in *acanc' in office before the e4piration of the term for which incumbent was elected! (/! Plebiscite Plebiscite is the submission of constitutional amendments or important legislati*e measures to the people for ratification2 ((! Referendum "eferendum is the power of the electorate to appro*e or re8ect legislation through an election called for the purpose2 ( Sec. 2c, R.A. 6735) +t ma' be of / classes3 namel': (a) ,uffrage is the right and obligation of 5ualified citi-ens to *ote: (1! in the election of certain national and local officials3 and (/! in the decision of public 5uestions submitted to the people2 +t is a political right which enables e*er' citi-en to participate in the process of go*ernment to assure that it deri*es it powers from the consent of the go*erned2 +t operates on the principle of 6one man (or one woman)3 one *ote26 ,uffrage is not a natural right but a pri*ilege which ma' be gi*en or withheld b' the lawma7ing power sub8ect to constitutional limitations2 +t is not necessaril' an accompaniment of citi-enship9 it is granted onl' upon the fulfillment of certain minimum (b) "eferendum on statutes3 which refers to a petition to appro*e or re8ect an act or law3 or part thereof3 passed b' Congress9 and "eferendum on local law which refers to a petition to appro*e or re8ect a law3 resolution or ordinance enacted b' regional assemblies and local legislati*e bodies

THEORY OF POP LAR SO!EREIGNTY #rt2 ++3 ,ec2 1 1987 Constitution: The Philippines is a democratic and republican state2 ,o*ereignt' resides in the people and all go*ernment authorit' emanates from them2 # democratic and republican go*ernment deri*es all its powers3 directl' or indirectl'3 from the people at large2 +ts essence is indirect rule2 #ctual so*ereignt' is e4ercised b' the people b' means of suffrage2 Suffra"e #efine#

(%! Initiati e +nitiati*e is the power of the people to propose amendments to the Constitution or to propose and enact legislation through an election called for the purpose2 (Sec. 2a, R.A. 6735) There are ( s'stems of initiati*e3 namel': (a) +nitiati*e on the which refers to Constitution a petition

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proposing amendments Constitution9 to the Pro*iding for the manner of choosing candidates and the names to be printed on the ballot "egulating the manner of conducting elections ,uppressing whate*er e*ils incident to the election of public officers3 pursuant to its dut' to secure the secrec' and sanctit' of the ballots under #rt2 <3 ,ec2 / of the 1987 Constitution2

(b) +nitiati*e on statutes3 which refers to a petition proposing to enact a national legislation9 (c) +nitiati*e on local legislation which refers to a petition proposing to enact a regional3 pro*incial3 cit'3 municipal or baranga' law3 resolution or ordinance !ote that in the case of Santia"o . #$%E&E#, the ,upreme Court held that there is no law 'et that is sufficient enough for proposing amendments to the Constitution2 "2#2 $7() was deemed sufficient for statutor' amendments but not Constitutional amendments2 ()! Recall "ecall is the termination of official relationship of a local electi*e official for loss of confidence prior to the e4piration of his term through the will of the electorate2 $ho can e%ercise ;nder #rt2 <3 ,ec2 1 of the 1987 Constitution3 the right of suffrage ma' be e4ercised b' all citi-ens of the Philippines who are: (1) not otherwise dis5ualified b' law3 (2) at least 18 'ears of age3 and (3) ha*e resided in the Philippines for at least 1 'ear3 and in the place wherein the' propose to *ote for at least $ months immediatel' preceding the election2 The same pro*ision pro*ides that no literac'3 propert' or other substanti*e re5uirement shall be imposed on the e4ercise of suffrage3 and that Congress ma' not add or alter the 5ualifications of *oters under #rt2 <3 ,ec2 1 of the 1987 Constitution2 This specification is an implied prohibition against interference on the part of Congress in the right of suffrage2 Congress3 howe*er3 to a limited e4tent can regulate the right of suffrage b': =efining the 5ualifications of *oters "egulating elections Prescribing the form of official ballot

What are the substantive requirements for the exercise of suffrage? The onl' substanti*e re5uirements e4ercise the right to *ote are: (C#"#! (1) (2) (3) (4) Citi-enship #ge "esidenc' #bsence of dis5ualifications to

'ili(ino citi)ens*i( This ma' be b' birth or naturali-ation2 A"e >ust be at least 18 at the time of the election2 Residence 1or the purposes of election law3 residence is s'non'mous with domicile2 #rt2 )0 of the Ci*il Code pro*ides that ?for the e4istence of ci*il rights and the fulfillment of ci*il obligations3 the domicile of natural persons is the place of their habitual residence2@ =omicile includes the twin elements of ?the fact of residing or ph'sical presence in a fi4ed place@ and ani&us &anen#i3 or the intention of returning there permanentl'2 (Romualde)+%arcos . #$%E&E#) *er' person is deemed to ha*e his domicile somewhere3 and when it has been ac5uired3 it will be deemed to continue until a new one has been ac5uired2 Temporar' absences although fre5uent or long continued3 will not3 while the person has a continuous intention to return3 depri*e him of his domicile and right to *ote2 #n' person who temporaril' resides in another cit'3 municipalit' or countr' solel' b' reason of his occupation3 profession3 emplo'ment in pri*ate or public ser*ice3 educational acti*ities3 wor7 in the militar' or na*al reser*ations within the Philippines3 ser*ice in the #1P3 the PAP3 or confinement or

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detention in go*ernment institutions in accordance with law3 shall not be deemed to ha*e lost his original residence2 ( Sec. ,, R.A. -.-,) +t is not necessar' that a person should ha*e a house in order to establish his residence or domicile in a municipalit'2 +t is enough that he should li*e there3 pro*ided that his sta' is accompanied b' his intention to reside therein permanentl'2 &iterac/ re0uirements The Constitution imposes no literac' re5uirements9 hence illiterates ha*e the right to *ote2 Pro(ert/ re0uirements Aeither does the Constitution impose an' propert' re5uirement since propert' ownership is not a test of indi*idual capacit'2 # propert' re5uirement is not onl' inconsistent with the concept of a republican go*ernment3 but with the social 8ustice principle of e5ual opportunit' as well2 'ormal education 1ormal education is no guarantee for good citi-enship or intelligent *oting2 Se1 There is no ade5uate or 8ustifiable basis for depri*ing women of e5ual *oting rights2 2a1(a/in" Abilit/ This is related to propert' re5uirement2 Ro&ual#e'()arcos *+ CO)ELEC (23S#RA 344) +t is the fact of residence3 not a statement in the certificate of candidac' which ought to be decisi*e in determining whether or not an indi*idual has satisfied the ConstitutionBs residenc' 5ualification re5uirement2 To successfull' effect a change of domicile3 one must demonstrate: (1! an actual remo*al or an actual change of domicile9 (/! a bona fide intention of abandoning the former place of residence and establishing a new one9 and3 ((! acts which correspond with the purpose2 A,uino *+ CO)ELEC (23- S#RA 344) The place where a part' actuall' or constructi*el' has his permanent home3 Composition: . chairman Purpose The purpose of the CO> & C is to protect the sanctit' of the ballot and to ensure the free and honest e4press of the popular will2 To achie*e this3 the CO> & C was created as an independent administrati*e tribunal3 co.e5ual with the other departments with respect to the powers *ested in it3 and not under an' of the branches of Co*ernment2 The intention is to place it outside the influence of political parties and the control of the legislati*e3 e4ecuti*e3 and 8udicial organs of the go*ernment2 To preser*e the independence of the CO> & C3 appointments or designations in temporar' or acting capacities are not allowed2 Co&position where he3 no matter where he ma' be found at na' gi*en time3 e*entuall' intends to return and remain3 i2e23 his domicile3 is that to which the Constitution refers when it spea7s of residence for the purpose of election law2 The purpose is to e4clude strangers or newcomers unfamiliar with the conditions and needs of the communit' from ta7ing ad*antage of fa*orable circumstances e4isting in that communit' for electoral gain2 -is,ualifications (1) Persons sentenced b' final 8udgment to suffer imprisonment for not less than one (1! 'ear2 ( !ote5 *e 6 s*e s*all automaticall/ re+ ac0uire t*e ri"*t to ote u(on t*e e1(iration of 5 /ears after t*e ser ice of sentence.) (2) Persons ad8udged b' final 8udgment of ha*ing committed an' crime in*ol*ing dislo'alt' to the dul' constituted go*ernment (e2g2 rebellion3 sedition3 *iolation of the firearms law! or an' crime against national securit'2 (!ote5 *e 6 s*e s*all automaticall/ re+ac0uire t*e ri"*t to ote u(on t*e e1(iration of 5 /ears after t*e ser ice of sentence.) (3) +nsane or incompetent persons as declared b' competent authorit'2 THE CO)ELEC

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. $ commissioners Dualifications: Aatural born citi-ens #t least () 'ears old Eolders of a college degree >ust not ha*e been candidates for an' electi*e position in the immediatel' preceding elections >a8orit' of the members3 including the chairman3 should be members of the Bar who ha*e been engaged in the practice of law for at least 10 'ears2 periods for certain election re5uirements --., Sec. 52m) pre. (:P

=eclaration of failure or postponement of elections3 as well as call for special elections (Sec. 3, RA 7.66) Prescribe forms3 as well as use or adoption of latest technological and electronic de*ices (:P --., Sec. 52 ", i) #nnulment or cancellation of illegal registr' lists of *oters and ordering the preparation of a new one9 Cancellation of the can*ass of election returns and annulment of a proclamation based on incomplete results2 (!ote, *owe er, t*at t*e #$%E&E# does not *a e t*e (ower to annul an election w*ic* ma/ not *a e been free, orderl/, and *onest as suc* (ower is merel/ (re enti e and not curati e.)

The chairman and the commissioners are to be appointed b' the President with the consent of the Commission on #ppointments2 The Commissioners ser*e for 7 'ears without reappointment3 under staggered terms of / 'ears inter*al: of . commissioners first appointed3 ( shall hold office for 7 'ears3 / for ) 'ears3 and the rest for ( 'ears2 The staggering of terms ma7es the CO> & C a continuing and self.perpetuating bod'3 and conse5uentl' its members would ha*e the benefit of the e4perience and e4pertise of the older members in the performance of its functions2 The CO> & C Commissioners are sub8ect to the same disabilities imposed on the President and the <ice.President3 including the prohibition against holding an' other office or engaging in an' other profession or business2 Powers an# functions The powers and functions of CO> & C ma' be classified as follows: the

(2) /uasi(0u#icial powers The CO> & C has e%clusi*e ori"inal 0uris#iction o*er all contests relating to the election3 returns and 5ualifications of all electi*e3 regional3 pro*incial and cit' officials2 The CO> & C has e%clusi*e appellate 0uris#iction o*er all contests in*ol*ing municipal officials decided b' the "TC3 or in*ol*ing electi*e baranga' officials decided b' the >TC2 +n these cases3 the decisions therein shall be final3 e4ecutor' and unappealable2 (Art. I7+#, Sec. 2 82), .,-7 #onstitution) Pursuant to its 5uasi.8udicial powers3 the CO> & C has the power: To issue subpoena9 To ta7e testimon'9 Of contempt (!ote, *owe er, t*at t*e #$%E&E#;s (ower to (unis* for contem(t ma/ be e1ercised $!&< in t*e

(1) Enforce&ent an# a#&inistration of election laws an# re"ulations (Art. I7+ #, Sec. 2 8.), .,-7 #onstitution) Promulgation of rules and regulations (Art. I7+#, Sec. 69 :P --., Sec. 52b) 1i4ing of election period (w*ic* s*all commence ,4 da/s before t*e election and end 34 da/s t*ereafter, unless ot*erwise fi1ed b/ t*e #$%E&E# in s(ecial cases9 Art. I7+#, Sec. 6, .,-7 #onstitution) 1i4ing of other reasonable

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e1ercise of its 0uasi+ =udicial functions. 2*e #$%E&E# *as no (ower to *old a (erson in contem(t in t*e e1ercise of its administrati e functions 8e.". re(orter critici)es a contract wit* #$%E&E# for su((lies, or a (erson fails to follow t*e (rocedure for t*e distribution of ballot bo1es). To issue warrants of arrest9 Of certiorari3 prohibition and mandamus (!ote5 but onl/ in e1ercise of its a((ellate =urisdiction9 Relam(a"os . #umba, ) period of the campaign and ending (0 da's thereafter3 when in an' area of the countr' there are persons committing acts of terrorism to influence people to *ote for or against an' candidate or political part'2 (Sec. 52b, :P --.) (5) Re"ister political parties1 etc+ (Art. I7+#, Sec. 2 85), .,-7 #onstitution) (6) Accre#it citi'ens4 ar&s (Art. I7+#, Sec. 2 85), .,-7 #onstitution) (7) In*esti"ation an# prosecution of cases of *iolation of election laws (Art. I7+#, Sec. 2 85), .,-7 #onstitution) The CO> & C has the power of a public prosecutor with the e%clusi*e authorit' to conduct the preliminar' in*estigation and the prosecution of election offenses punishable under the election law2 The power ma' be e4ercised upon complaint or motu (ro(io2 The Ombudsman has AO 8urisdiction to prosecute election offenses2 Ee ma' do so onl' if he is deputi-ed b' the CO> & C2 (8) Filin" of petitions in court for inclusion or e%clusion of *oters (Art. I7+#, Sec. 2 86), .,-7 #onstitution) (9) Reco&&en#ator25 (a) to Con"ress effecti*e measures to minimi-e election spending3 including limitation of places where propaganda materials shall be posted3 and to pre*ent and penali-e all forms of election frauds3 offenses3 malpractices3 and nuisance candidates2 (Art. I7+#, Sec. 2 87),.,-7 #onstitution)

(3) -eci#e all ,uestions affectin" elections (Art. I7+#, Sec. 2 83), .,-7 #onstitution) The power of the CO> & C to decide all 5uestions affecting elections pertains to the following: (1! determination of the number and location of polling places (/! appointment of election officials and inspectors ((! registration of *oters Eowe*er3 the CO> & C has AO 8urisdiction o*er 5uestions in*ol*ing the right to *ote (i2e2 dis5ualifications of *oters3 right of a person to be registered3 etc2!3 as these rest within the e4clusi*e original 8urisdiction of the >TC3 appealable to the "TC2 (4) -eputi'e1 with the concurrence of the Presi#ent1 law enforce&ent a"encies an# instru&entalities of the Go*ern&ent for the e%clusi*e purpose of ensurin" free1 or#erl21 honest1 peaceful an# cre#i3le elections (Art. I7+#, Sec. 283), .,-7 #onstitution) C>T cadets 18 'rs2 of age and abo*e ma' be authori-ed to act as the CO> & CFs deputies for the purpose of enforcing its orders (Sec. 52a, :P --.) The CO> & C ma' deputi-e an' member or members of the #1P3 AB+3 PAP or an' similar agenc' or instrumentalit' of the go*ernment (e1ce(t ci ilian *ome defense forces) during the

(b) to the Presi#ent for remo*al of an' officer or emplo'ee it has deputi-ed (Sec. 52a, :P --.)9 for imposition of disciplinar' action for *iolation or disregard of3 or

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disobedience to its directi*e3 order3 or decision (Art. I7+#, Sec. 2 8-), .,-7 #onstitution)9 for pardon3 amnest'3 parole3 suspension of sentence for *iolation of election laws3 rules and regulations (Art. I7+#, Sec. 5 .,-7 #onstitution9 2*is is to (re ent t*e (ossibilit/ of t*e President "rantin" e1ecuti e clemenc/ for (olitical reasons.) /uasi(<u#icial Powers Jurisdiction The CO> & C has e%clusi*e ori"inal 0uris#iction o*er all contests relating to the election3 returns and 5ualifications of all electi*e3 regional3 pro*incial and cit' officials2 The CO> & C has e%clusi*e appellate 0uris#iction o*er all contests in*ol*ing municipal officials decided b' the "TC3 or in*ol*ing electi*e baranga' officials decided b' the >TC2 +n these cases3 the decisions therein shall be final3 e4ecutor' and unappealable2 (Art. I7+#, Sec. 2 82), .,-7 #onstitution) Rendition of Decision Composition; En Banc and Division Cases The CO> & C ma' sit en banc or in / di*isions2 #s a general rule3 election cases shall be heard and decided in di*ision2 =ecisions that must be rendered b' the CO> & C en banc include: =ecisions on motions for reconsideration (Art. I7+ #, Sec. 3, .,-7 #onstitution)9 Petitions for correction of manifest errors in the ,tatement of <otes (Sec. 5, Rule 27 of t*e .,,3 Rules of t*e #$%E&E#)9 Duestions pertaining to proceedings of the Board of Can*assers (%astura . #$%E&E#, 2-5 S#RA 3,3) Postponement of election (Sec. 3, R.A. 7.66) =eclaration of failure of election (Sec. 3, R.A. 7.66) Calling of special elections (Sec. 3, R.A. 7.66)

6789 Super*ision : Re"ulation1 for the #uration of the election perio#1 of use of all franchises or per&its for operation of5 transportation utilities; &e#ia of infor&ation; an# other pu3lic

co&&unication

or

all "rants1 special pri*ile"es1 or concessions "rante# 32 the Go*ern&ent or an2 instru&entalit2 thereof (Art. I7+#, Sec. 3, .,-7 #onstitution) The purpose of super*ision and regulation is to guarantee or ensure e5ual opportunit' for public ser*ice and the e5uitable right to repl'3 for public information campaigns and fora among candidates3 and assure free3 orderl'3 honest3 peaceful and credible elections2 ( Sec. 2, R.A. ,446) Ao franchise or permit to operate a radio or tele*ision station shall be granted or issued3 suspended or cancelled during the election period2 (Sec. 6.3, R.A. ,446) CO> & C is mandated under ,ec2 7 of "2#2 900$ to e4ercise affirmati*e action in procuring print space upon pa'ment of 8ust compensation from at least ( national circulation3 and free airtime from at least ( national T< networ7s and ( national radio networ7s3 all of which are to be allocated free of charge e5uall' and impartiall' among all the candidates for national office on ( different calendar da's2

Time

eriod and !otes Required

The CO> & C shall decide b' a ma8orit' *ote of all its members an' case or matter brought before it within $0 da's from the date of its submission for decision or resolution2 (Art. I7+A, Sec. 7 .,-7 #onstitution) Judicia" Revie#

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;nless otherwise pro*ided b' the Constitution or b' law3 an' decision3 order or ruling of each Commission ma' be brought to the ,upreme Court on certiorari b' the aggrie*ed part' within (0 da's from receipt of a cop' thereof2 (Art. I7+A, Sec. 7, .,-7 #onstitution) Ghat is contemplated in this pro*ision are decisions3 orders or resolutions rendered b' the CO> & C in the e4ercise of its ad8udicator' or 5uasi.8udicial powers not those which are mere incidents of its inherent administrati*e functions o*er the conduct of elections2 Duestions arising from the latter ma' be ta7en in an ordinar' ci*il action before the "TC2 B' certiorari3 a part' raises 5uestions of law in the ,upreme Court2 1indings of fact made b' the CO> & C are conclusi*e upon the ,upreme Court2 The ,upreme Court has no power of super*ision o*er the CO> & C e4cept to re*iew its decisions on petitions b' certiorari2 The certiorari 8urisdiction of the ,upreme Court is confined to instances of gra*e abuse of discretion amounting to patent and substantial denial of due process committed b' it in the e4ercise of its 5uasi.8udicial powers2 ELECTIONS IN GENERAL =in#s of elections $enera" e"ection +t is one pro*ided for b' law for the election to offices throughout the ,tate or a certain subdi*ision thereof3 after the e4piration of the full term of former officers2 %pecia" e"ection +t is one pro*ided for b' law under special circumstances2 +t is an election held to fill a *acanc' in an office before the e4piration of the full term for which the incumbent was elected3 or an election at which some issue or proposition is submitted to the *ote of the 5ualified electors2 -ate of Election n#er the Law elected on the same da' e*er' $ 'ears2 ,enators3 lecti*e >embers of the Eouse of "epresentati*es3 and lecti*e Pro*incial3 Cit' and >unicipal Officials are elected on the same da' e*er' ( 'ears3 e4cept with respect to the ,enators3 onl' 1/ of whom shall be elected e*er' ( 'ears2 Baranga' lections are held on the same da'3 and e*er' ) 'ears thereafter3 the term for electi*e baranga' officials ha*ing been e4tended from ( 'ears to ) 'ears2 ( R.A. 7.64, Sec. 33 8c) as amended b/ R.A. -523) Ti&e an# Place for Hol#in" Elections The time must be fi4ed b' the authoritati*e power (i2e2 the Constitution9 laws in the case of regular elections9 the e4ecuti*e or other designated power in the case of special elections!2 The place for holding elections shall be fi4ed b' general law or b' a proclamation or b' the notice b' which the election is called2 ,uch designated place shall be mandator'2 +n case of emergencies which necessitate the changing of a polling place3 ade5uate general notice must be gi*en2 )anner of Hol#in" Elections Ghile the manner of holding elections must be regulated3 it is ob*ious that the manner prescribed is intended simpl' to secure the correct result2 >anner and form should not be allowed to defeat the undoubted will of the people clearl' e4pressed2 (#.>. Sim(son! "egulations prescribed are merel' director'3 and a failure to obser*e them full' will not in*alidate the election3 where an election has been held in good faith and irregularities do not affect the result2 Ghere a special election is pro*ided for3 but no method of holding it is declared3 it will be sufficient if it is held in the manner prescribed for the holding of general elections2 PRE(ELECTION RE/ IRE)ENTS PRECINCTS AN- POLLING PLACES Precincts recinct& defined ( unit of territor' for the purpose of *oting (Sec. .3,, :P --.) Estab"ishment of recincts

+n accordance with the Constitutional polic' to s'nchroni-e elections3 there is a simultaneous conduct of elections for national and local officials once e*er' ( 'ears2 ;nder "2#2 71$$3 elections shall be held on the / nd >onda' of >a'2 The President and <ice.President are

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The CO> & C shall establish all election precincts2 ach baranga' shall ha*e at least 1 such precinct2 (Sec. .3,, :P --.) The CO> & C ma' introduce ad8ustments3 changes or new di*isions or abolish precincts if necessar'2 But no changes shall be introduced within %) da's before a regular election and (0 da's before a special election or referendum or plebiscite2 ( Sec. .3,, :P --.) Ghere it is not practicable to di*ide a precinct b' territor'3 the CO> & C ma' ad8ust or split the precinct b' assigning the registered *oters alphabeticall' and e5uitabl' among the ad8usted or split precinct2 The polling places of the said precincts must be in the same building2 (Sec. -, R.A. 7.66) ub"ication of 'aps of recincts e4cept what is being written within the booths3 shall be in plain *iew of the board of election inspectors3 the watchers and other persons who ma' be within the polling place2 (Sec. .5, 8d), :P --.) The CO> & C shall post inside each *oting booth and elsewhere in the polling place on the da' before the election3 referendum3 or plebiscite and during the *oting period a list containing the names of all candidates or the issues or 5uestions to be *oted for2 ( Sec. .5-9 :P --.) There shall be a guard rail between the *oting booths and the table for the Board of lection +nspectors2 (Sec. .5,9 :P --.) )nspection of po""ing p"aces Before the da' of the election3 referendum or plebiscite3 the Chairman of the CO> & C shall3 through its authori-ed representati*es3 see to it that all polling places are inspected and such omissions and defects as ma' be found are corrected2 ( Sec. .63, :P --.) OFFICIAL >ALLOTS1 ELECTION RET RNS ? >ALLOT >O@ES For& an# Contents of 3allots The ballots shall: be uniform in si-e9 be printed in blac7 in7 on white securit' paper with distincti*e3 clear and legible watermar7s that will readil' distinguish it from ordinar' paper9 be in the shape of a strip with stub and a detachable coupon containing the serial number of the ballot and a space for the thumbmar7 of the *oter on the detachable coupon9 bear at the top middle portion the coat.of.arms of the "epublic3 the words3 ?$fficial :allot@3 the name of the cit' or municipalit' and the pro*ince3 the date of the election and the following notice in nglish3 ?'ill out t*is ballot secretl/ inside t*e otin" boot*. ?o not (ut an/ distincti e mar@ on an/ (art of t*is ballot@9

#t least ) da's before the first registration da' and until after the election3 referendum3 or plebiscite3 the CO> & C shall post in the cit' or municipal hall and in ( other conspicuous places and on the door of each polling place3 a map of the cit' or municipalit' showing its di*ision into precincts2 ,uch maps shall be 7ept posted until after the election3 referendum or plebiscite2 (Sec. .5., :P --.) Pollin" Places o""ing p"ace& defined POLLING PLACE5 Building or place where the Board of lection +nspectors conducts its proceedings and where the *oters cast their *otes (Sec. .52, :P --.) Designation of po""ing p"aces The CO> & C ma' introduce changes in the location of polling places when necessar' after notice to the registered political parties and candidates affected if an'3 and hearing2 Ao location shall be changed within %) da's before a regular election and (0 da's before a special election3 referendum or plebiscite e4cept when it is destro'ed or it cannot be used2 (Sec. .53, :P --.) (rrangements and Contents of "aces o""ing

ach polling place shall ha*e at least 10 *oting booths of such si-e3 specifications and materials as the CO> & C ma' pro*ide to enable the *oters to fill out their ballots secretl'2 (Sec. .5-, :P --.) The polling place shall be so arranged that the booths3 the table3 the ballot bo4es and the whole polling place3

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contain the names of all the offices to be *oted for3 allowing opposite the name of each office3 sufficient space or spaces with hori-ontal lines where the *oter ma' write the name or names of the indi*idual candidates *oted for b' him9 ha*e nothing printed or written at the bac7 e4cept the signature of the chairman of the Board of lection +nspectors to ha*e a watcher andHor representati*e in the procurement and watermar7ing of papers to be used in the printing of election returns and official ballots3 and in the printing3 numbering3 storage and distribution thereof2 ( Sec. -, R.A. 6636) Re,uisition an# -istri3ution The official ballots and election returns shall be distributed to each cit' and municipalit' at the rate of one and one.fifth ballots for e*er' *oter registered in each polling place3 and for election returns3 at the rate of one set for e*er' polling place2 ( Sec. .-6, :P --.) The ruling part' and the dominant opposition part' shall submit the names of their watchers who3 together with the representati*es of the CO> & C and the pro*incial3 cit'3 and municipal treasurers shall *erif' the contents of the bo4es containing the shipment of official ballots3 election returns and sample official ballots2 ( Sec. .-,, :P --.) Pu3lication The CO> & C shall publish at least 10 da's before an election3 in a newspaper of general circulation3 certified data on the number of ballots and returns and the names and addresses of the printers and the number printed b' each2 >allot 3o%es On the da' of the *oting3 there shall be a ballot bo4 one side of which shall be transparent which shall be set in a manner *isible to the *oting public2 +t shall contain two compartments3 one for *alid ballots and the other for spoiled ballots2 REGISTRATION OF !OTERS Re"istration #efine# The official ballots and election returns shall be printed b' the Co*ernment Printing Office andHor the Central Ban7 printing facilities e4clusi*el'3 under the e4clusi*e super*ision and control of the CO> & C which shall determine and pro*ide the necessar' securit' measures in the printing3 storage and distribution thereof2 (Sec. .-3, :P --.) The registered political parties or coalitions of parties (or t*eir com(onents s*ould t*ere be an/ dissolution or di ision of said coalition) whose candidates obtained at least 10I of the total *otes cast in the ne4t preceding senatorial election are each entitled . the act of accomplishing and filing of a sworn application for registration b' a 5ualified *oter before the election officer of the cit' or municipalit' wherein he resides and including the same in the boo7 of registered *oters upon appro*al b' the lection "egistration Board2 (Sec. 3a, R.A. -.-,) Necessit2 of re"istration 6The act of registration is an indispensable precondition to the right of suffrage2 1or registration is part and parcel of the right to *ote and an indispensable element

Aotwithstanding the preceding pro*isions3 CO> & C ma' prescribe a different form of official ballot on the same watermar7ed securit' paper to facilitate the *oting b' illiterate *oters onl' and to use or adopt the latest technological and electronic de*ices in connection therewith2 (Sec. 23, R.A. 7.66) E&er"enc2 >allots GR: Ao ballots other than the official ballots shall be used or counted2 E%ception: 6 mergenc' ballots6 ma' be used if: . failure to recei*e the official ballots on time . there are no sufficient ballots for all registered *oters . the ballots are destro'ed at such time as shall render it impossible to pro*ide other official ballots2 +n these cases3 the cit' or municipal treasure shall pro*ide other ballots which shall be as similar to the official ones as circumstances will permit and which shall be uniform within each polling place2 ( Sec. .-2, :P --.) Printin" of official 3allots an# election returns

10
in the election process2 Thus J registration cannot and should not be denigrated to the lowl' stature of a mere statutor' re5uirement2 Proceeding from the significance of registration as a necessar' re5uisite to the right to *ote3 the ,tate undoubtedl'3 in the e4ercise of its inherent police power3 ma' then enact laws to safeguard and regulate the act of *oterBs registration for the ultimate purpose of conducting honest3 orderl' and peaceful election3 to the incidental 'et generall' important end3 that e*en pre.election acti*ities could be performed b' the dul' constituted authorities in a realistic and orderl' manner : one which is not indifferent and so far remo*ed from the pressing order of the da' and the pre*alent circumstances of the times26 (A@ba/an, et al . #$%E&E#, A.R. !o..37466, %arc* 26, 244.) /ualifications an# -is,ualifications See (re ious discussion under Suffra"e. Election Re"istration >oar# (Sec. .5, R.A. -.-,) +n each cit' and municipalit'3 there shall be as man' lection "egistration Boards as there are election officers therein2 +n thic7l' populated cities or municipalities3 the CO> & C ma' appoint additional election officers for such duration as ma' be necessar'2 Composition (1! Chairman: lection Officer2 +n case dis5ualified3 the CO> & C shall designate an acting lection Officer2 (/! >embers: (a! Public school official most senior in ran79 and (b! &ocal ci*il registrar3 or in his absence3 the cit' or municipal treasurer2 +f neither are a*ailable3 an' other appointi*e ci*il ser*ice official from the same localit' as designated b' the CO> & C2 Disqua"ifications Ao member of the Board shall be related to each other or to an' incumbent cit' or municipal electi*e official within the % th ci*il degree of consanguinit' or affinit'2 +f in succeeding elections3 an' of the newl' elected cit' or municipal officials is related to a member of the Board within the % th ci*il degree of consanguinit' or affinit'3 such member is automaticall' dis5ualified to preser*e the integrit' of the lection "egistration Board2 . NOTE5 +t is an election offense to either: (1) accept an appointment3 to assume office and to actuall' ser*e as a member of the Board although ineligible thereto (Sec. 35d, R.A. -.-,), or (2) appoint such ineligible person 7nowing him to be ineligible (Sec. 35d, R.A. -.-,) *unction . >eet 5uarterl' on the (rd >onda' of #pril3 Kul'3 October and Kanuar' of e*er' calendar 'ear (or on the ne4t following wor7ing da' if such designated da's fall on non.wor7ing holida's! To hear and process all applications for registration2 $hen re"istration con#ucte# "egistration of *oters shall be conducted not less than 1/0 da's before a regular election and 90 da's before a special election2 (Sec. -, R.A. -.-,) Eowe*er3 in the case of an initiati*e or referendum3 the CO> & C is authori-ed to set a special registration da' at least ( wee7s before the scheduled initiati*e or referendum2 (Sec. 5, R.A. 6735) CAN A SPECIAL REGISTRATION FOR A REG LAR ELECTION >E CON- CTE- O TSI-E THE PERIOPRESCRI>E- IN SEC+ A1 R+A+ A7AB N-ER THE RESI- AL OR STAN->Y PO$ERS OF THE CO)ELEC N-ER SEC+ CA1 R+A+ AD.EF Ao2 +n the case of A@ba/an, et al . #$%E&E# 8A.R. !o..37466, %arc* 26, 244.), the ,upreme Court held that ,ec2 8 of "2#2 8189 e4plicitl' pro*ides that no re"istration shall 3e con#ucte# #urin" the perio# startin" 7C8 #a2s 3efore a re"ular election+ The purpose of ha*ing a 1/0.da' prohibiti*e period is to enable the CO> & C to complete all the necessar' pre.election acti*ities3 including the Pro8ect of Precincts3 constitution of Board of lection +nspectors3 Boo7 of <oters and appro*ed <oters "egistration "ecords3 Computeri-ed <otersF &ist3 and <oters +nformation ,heet2 "egistration of *oters is not3 contrar' to popular

11
opinion3 merel' the act of going to the lection Officer and writing the names down2 +t is 6in fact3 a long process that ta7es about ( wee7s to complete not e*en counting how long it would ta7e to prepare for the registration in the first place26 Re(re"istration # *oter who is registered in the permanent list of *oters need not register anew for subse5uent elections unless: (1) he transfers residence to another cit' or municipalit'9 or (2) his registration has been cancelled on the ground of dis5ualification and such dis5ualification has been lifted or remo*ed (Sec. .25, :P --.)9 S2ste& of Continuin" Re"istration ;nder ,ec2 8 of "# 81893 the CO> & C has the power to conduct continuing registration2 ,uch registration shall be conducted dail' in the office of the lection Officer during regular office hours3 e4cept during the period starting 1/0 da's before a regular election and 90 da's before a special election2 The filing of the application must be done personall'2 Challen"e of the ri"ht to re"ister #n' person appl'ing for registration ma' be challenged before the lection "egistration Board: b' an' *oter3 b' an' candidate3 or b' an' representati*e of a registered political part'2 election or referendum or plebiscite2 #n' candidate or authori-ed representati*e of an accredited political part' upon formal re5uest to an election registrar shall be entitled to a certified cop' of the most recent list of *oters upon pa'ment of a reasonable fee2 Illiterate an# -isa3le# !oters #n' illiterate person ma' register with the assistance of the lection Officer or an' member of an accredited citi-enBs arm2 The application for registration of a ph'sicall' disabled person ma' be prepared b' an' relati*e within the fourth ci*il degree of consanguinit' or affinit' or b' the lection Officer or an' member of an accredited citi-enBs arm using the data supplied b' the applicant L,ec2 1%3 "# 8189M2 Inclusion(e%clusion cases Common ru"es governing +udicia" proceedings in the matter of inc"usion& exc"usion and correction of names of voters (Sec. 32, R.A. -.-,) (1! TI)E OF FILING5 hours (2) =uring office

NOTICE5 Aotice of the place3 date and time of the hearing of the petition shall be ser*ed upon the members of the Board and the challenged *oter upon filing of the petition2

%odes of ser ice5 (1! personal deli*er'3 or (/! registered mail3 or ((! posting in the bulletin board of cit' or municipal hall and in / other conspicuous places within the cit' or municipalit' ((! CONTENTS5 Petition shall refer onl' to 1 precinct3 and shall implead the Board as respondents (%! COSTS5 Cenerall'3 no costs shall be assessed against an' part'2 Howe*er1 the court ma' order a part' to pa' the costs and incidental e4penses of the suit should it find that the application was filed solel' to harass the ad*erse part' and to cause him to incur e4penses2 ()! INTER!ENTION5 #n' *oter3 candidate or political part' who ma' be affected b' the

,uch challenge must be made in writing3 under oath and must state the grounds therefor2 (Sec. .-, R.A. -.-,) List of *oters The list of *oters refers to an enumeration of names of registered *oters in a precinct dul' certified b' the lection "egistration Board for use in the election2 (Sec. 3 8d), R.A. -.-,) The Board of lection +nspectors must post the final list of *oters in each precinct 1) da's before the date of the regular or special

12
proceedings ma' inter*ene present his e*idence2 ($! and etition for Exc"usion of !oters from the ,ist The following ma' petition for the e4clusion of a *oter from the permanent list of *oters: an' registered *oter9 an' representati*e of a political part'9 the lection Officer

E!I-ENCE5 ,hall be based on the e*idence presented2 +n no case shall a decision be rendered upon a stipulation of facts2 +f the case in*ol*es the issue of a fictitious *oter3 the non. appearance of the challenged *oter on the da' set for hearing shall be (rima facie e*idence that such *oter is fictitious2

(7!

-ECISION5 Petition shall be heard and decided within 10 da's from date of filing2 Cases appealed to the "TC shall be decided within 10 da's from receipt of the appeal2 +n all cases3 the court shall decide these petitions not later than 1) da's before the election and the decision shall become final and e4ecutor'2

,uch petition ma' be filed at an' time e4cept 100 da's before a regular election or $) da's before a special election2 +t shall be decided within 10 da's from filing2 (Sec. 35, R.A. -.-,) 6The petition for e4clusion is a necessar' component to registration since it is a safet' mechanism that gi*es a measure of protection against fl'ing *oters3 non.5ualified registrants3 and the li7e2 The prohibiti*e period3 on the other hand ser*es the purpose of securing the *oterBs substanti*e right to be included in the list of *oters26 (A@ba/an, et al . #$%E&E#, A.R. !o..37466, %arc* 26, 244.) The citi-enship of a person to be stric7en from the list ma' be decided in the e4clusion proceedings2 Eowe*er3 the decision does not ac5uire the nature of res =udicata considering the summar' character of the case2 !oters Exc"uded Through the )nadvertence or Registered #ith an Erroneous or 'isspe""ed -ame (Sec. 37, R.A. -.-,) $HAT )AY >E FILE-F (1) etition for reinstatement . filed b' an' registered *oter who has not been included in the precinct certified list of *oters etition for correction of name . filed b' an' registered *oter who has been included in the precinct certified list of *oters with a wrong or misspelled name Gith the lection

Jurisdiction and (ppea" in )nc"usion and Exc"usion Cases )TC5 RTC5 original and e4clusi*e 8urisdiction appellate 8urisdiction

#ppeals must be made within ) da's from receipt of notice2 Otherwise the decision of the >TC becomes final and e4ecutor' after said period2 The "TC shall decide the appeal within 10 da's from the time the appeal was recei*ed3 and its decision shall be final and e4ecutor'2 Ao motion for reconsideration shall be entertained2 (Sec. .3-, :P --.9 Sec. 33, R.A. -.-,) etition for )nc"usion of !oters in the ,ist The following ma' included in the *otersB list: petition to be

(2)

an' person whose application b' registration has been disappro*ed b' the Board of lection +nspectors or an' person whose name has been stric7en out from the list

$HERE FILE-F "egistration Board

Petitioner ma' appl' at an' time e4cept 10) da's prior to a regular election or 7) da's prior to a special election2 (Sec. 33, R.A. -.-,)

+f the petition is denied or not acted upon3 the *oter ma' file on an' date with the proper >TC a petition for an order directing that the *oterFs name be entered or corrected in the list2 The following must be attached to the petition:

13
(1) Certified true cop' of his registration record3 or identification card3 or the entr' of his name in the list of *oters used in the preceding election9 Proof that his application was denied or not acted upon b' the Board9 8udgment to suffer imprisonment for not less than one (1! 'ear3 such disabilit' not ha*ing been remo*ed b' plenar' pardon or amnest'9 (b) #d8udgment b' final 8udgment of ha*ing committed an' crime in*ol*ing dislo'alt' to the dul' constituted go*ernment (e2g2 rebellion3 sedition3 *iolation of the firearms law! or an' crime against national securit'3 unless restored to his full ci*il and political rights in accordance with law9 (c) =eclaration of insanit' or incompetence b' competent authorit'3 unless subse5uentl' remo*ed9 (2) 1ailure to *ote in the / successi*e preceding regular elections3 as shown b' the *oting records (!ote5 SB elections are !$2 considered re"ular elections for t*is (ur(ose)9 (3) Court order for e4clusion of registration9 and (4) &oss of 1ilipino citi-enship Reactivation of registration (Sec. 2-, R.A. -.-,) PETITION FILE-5 ,worn application for reacti*ation of registration in the form of an affida*it stating that the grounds for the deacti*ation no longer e4ist $HO )AY FILE5 -eacti*ation an# reacti*ation of re"istration Deactivation of registration (Sec. 27, R.A. -.-,) CA SES OF -EACTI!ATION5 (1) The ( grounds dis5ualification to namel': (a) ,entence b' for *ote3 final #n' *oter registration has deacti*ated whose been

(2)

(3) Proof that the petitioner has ser*ed notice of his application to the Board Annul&ent of >ooG of !oters (Sec. 3,, R.A. -.-,) The 3ooG of *oters refers to the compilation of all registration records in a precinct2 (Sec. 3c, R.A. -.-,) $HO )AY ANN L)ENT5 FILE PETITION FOR

(1) #n' *oter9 (2) #n' election officer9 (3) #n' dul' registered political part' GRO N-S5 (1) The boo7 of *oters was not prepared in accordance with the pro*isions of "2#2 81899 The boo7 of *oters was prepared through: 1raud9 Briber'9 1orger'9 +mpersonation9 +ntimidation9 1orce9 or #n' similar irregularit' The boo7 of *oters contains data that are statisticall' improbable

(2) (3)

The boo7 of *oters shall be annulled after due notice and hearing b' the CO> & C after the filing of a *erified petition2 Ao order3 ruling or decision annulling a boo7 of *oters shall be e4ecuted within 90 da's before an election2

$HERE FILE-5 Gith the lection Officer3 who shall then submit such application to the lection "egistration Board for appropriate action2 $HEN FILE-5

14
Aot later than 1/0 da's before a regular election and 90 da's before a special registration REGISTRATION OF POLITICAL PARTIES Political Part2 #efine# . an organi-ed group of persons pursuing the same ideolog'3 political ideas or platforms of go*ernment and includes its branches and di*isions2 (Sec. 64, :P --.) . an organi-ed group of citi-ens ad*ocating an ideolog' or platform3 principles and policies for the general conduct of go*ernment and which3 as the most immediate means of securing their adoption3 regularl' nominates and supports certain of its leaders and members as candidates for public office2 (Sec. 3c, R.A. 73,.) C =in#s5 (1! national part23 i2e2 a part' whose constituenc' is spread o*er the geographical territor' of at least a ma8orit' of the regions9 and (/! re"ional part23 i2e2 a part' whose constituenc' is spread o*er the geographical territor' of at least a ma8orit' of the cities and pro*inces comprising the region2 Purpose of re"istration The purpose of registration of political parties with the CO> & C is to enable them to: (1) #c5uire personalit'9 8uridical To inspect andHor cop' at its e4pense the accountable registration forms andHor the list of registered *oters in the precincts constituting the constituenc' at which the political part' is fielding candidates (Sec. 32, R.A. -.-,) To ha*e a watcher andHor representati*e in the procurement and watermar7ing of papers to be used in the printing of election returns and official ballots and in the printing3 numbering3 storage and distribution thereof (Sec. -, R.A. 6636)9 To ha*e watchers who shall *erif' the contents of the bo4es containing the shipment of official ballots3 election returns and sample official ballots recei*ed b' the pro*incial3 cit' and municipal treasurers (Sec. .-,, :P --.. !ote t*at t*is (ri ile"e is onl/ a ailable to t*e rulin" (art/ and t*e dominant o((osition (art/.)9 To ha*e one watcher in e*er' polling place and can*assing center (Sec. 26, R.A. 7.66)9 To be present and to ha*e counsel during the can*ass of the election returns (Sec. 25, R.A. 6636) To recei*e the %th cop' (if t*e dominant ma=orit/ (art/) or the )th cop' (if t*e dominant minorit/ (art/) of the election returns (Sec. 27, R.A. 7.66 as amended b/ R.A. -435 and R.A. -.73) Proce#ure (1) The political part' see7ing registration ma' file with the CO> & C a *erified petition attaching thereto its constitution and b'.laws3 platform or program of go*ernment and such other rele*ant information as ma' be re5uired b' the CO> & C2 (2) The CO> & C shall re5uire publication of the petition for registration or accreditation in at least three newspapers of general circulation2 (3) #fter due notice and hearing3 the CO> & C shall resol*e the petition within 10 da's from the date it is

(2) Dualif' for subse5uent accreditation9 and (3) ntitle them to the rights and pri*ileges granted to political parties2 (Sec. 64, :P --.)

Ri"hts an# pri*ile"es "rante# # registered political part' is entitled to the following rights and pri*ileges: To be *oted upon as a part'3 (ro ided t*at it is re"istered under t*e (art/+list s/stem (Art. I7+#, Sec. 7, .,-7 #onstitution)9 To ha*e a watcher in e*er' lection "egistration Board (Sec. .5, R.A. -.-,)9

15
submitted for decision2 (Sec. 6., :P --.. !ote *owe er t*e discre(anc/ wit* Sec. 62 w*ic* states t*at resolution of t*e (etition for re"istration or accreditation s*all be .5 da/s from t*e date of submission for decision.) $ho &a2 not 3e re"istere# The following ma' not be registered as political parties: religious denominations and sects (Art. I7+#, Sec. 2 85), .,-7 #onstitution9 Sec. 6., :P --.) those which see7 to achie*e their goals through *iolence or unlawful means (Art. I7+ #, Sec. 2 85), .,-7 #onstitution, Sec. 6., :P --.) those which refuse to uphold and adhere to the Constitution 8Art. I7+#, Sec. 2 85), .,-7 #onstitution) those supported b' foreign go*ernments (Art. I7+#, Sec. 2 85), .,-7 #onstitution) (6) (3) The part' ad*ocates *iolence or unlawful means to see7 its goal (Sec. 6 82), R.A. 7,3.)9 The part' is a foreign part' or organi-ation (Sec. 6 83), R.A. 7,3.)9 The part' is recei*ing support from an' foreign go*ernment3 foreign political part'3 foundation3 organi-ation3 whether directl' or through an' of its officers or members or indirectl' through third parties for partisan election purposes (Sec. 6 83), R.A. 7,3.)9 The part' *iolates or fails to compl' with laws3 rules or regulations relating to elections (Sec. 6 85), R. A. 7,3.)9 The part' declares untruthful statements in its petition for registration (Sec. 6 86), R.A. 7,3.)9 The part' has ceased to e4ist for at least 1 'ear (Sec. 6 87), R.A. 7,3.)9 The part' fails to participate in the last / preceding elections (Sec. 6 8-), R.A. 7,3.)9 +f registered under the part'.list s'stem3 the part' fails to obtain at least /I of the *otes in the / preceding elections for the constituenc' in which it has registered2 (Sec. 6 8-), R.A. 7,3.)

(4)

(5)

(7)

(8)

(9)

Forfeiture of status an# cancellation of re"istration *orfeiture of status #n' registered political part' that3 singl' or in coalition with others3 fails to obtain at least 10I of the *otes cast in the constituenc' in which it nominated and supported a candidate or candidates in the election ne4t following its registration shall3 after notice and hearing be deemed to ha*e forfeited such status as a registered political part' in such constituenc'2 (Sec. 64, :P --.) Cance""ation of registration The following are grounds for cancellation of registration of a political part': (1) #ccepting financial contributions from foreign go*ernments or their agencies (Art. I7+#, Sec. 2 85), .,-7 #onstitution)9 The part' is a religious sect or denomination3 organi-ation or association organi-ed for religious purposes (Sec. 6 8.), R.A. 7,3.)9

(10)

;nder the part'.list s'stem3 the CO> & C ma' refuse or cancel registration either motu (ro(io or upon *erified complaint of an' interested part'3 after due notice and hearing2 (Sec. 6, R.A. 7,3.) No&ination an# selection of official can#i#ates (Sec. 6, R.A. 7.66) Ao political con*ention or meeting for the nomination or election of the official candidates of an' political part' or organi-ation or political groups or coalition thereof shall be held earlier than the following periods: Pres+1 !P1 Senators: 1$) da's before the date of the election )e&3ers of Representati*es the House of 7) da's before the da'

(2)

16
of Electi*e Pro*incial1 Cit2 or )unicipal Officers the election REGISTRATION FOR PARTY(LIST Part2(list s2ste& #efine# . a mechanism of proportional representation in the election of representati*es to the Eouse of "epresentati*es from national3 regional and sectoral parties or organi-ations or coalitions thereof registered with the CO> & C2 Component parties or organi-ations of a coalition ma' participate independentl'3 pro*ided the coalition of which the' form part does not participate in the part'.list s'stem2 (Sec. 3, R.A. 7,3.) Purpose of part2(list s2ste& . to enable 1ilipino citi-ens belonging to marginali-ed and underrepresented sectors3 organi-ations and parties3 and who lac7 well. defined political constituencies but who could contribute to the formulation and enactment of appropriate legislation that will benefit the nation as a whole3 to become members of the Eouse of "epresentati*es2 (Sec. 2, R.A. 7,3.) $ho &a2 3e re"istere# (1) Political parties (See discussion in (re ious section)9 (2) ,ectoral parties3 i2e2 organi-ed groups of citi-ens belonging to the labor3 peasant3 fisherfol73 urban poor3 indigenous cultural communities3 elderl'3 handicapped3 women3 'outh3 *eterans3 o*erseas wor7ers3 and professional sectors3 and whose principal ad*ocac' pertains to the special interest and concerns of their sector ( Sec. 3d, R.A. 7,3.)9 (3) ,ectoral organi-ations3 i2e2 groups of citi-ens or coalitions of groups of citi-ens who share similar ph'sical attributes or characteristics3 emplo'ment3 interest or concerns (Sec. 3e, R.A. 7,3.)9 (4) Coalitions3 i2e2 aggrupations of dul' registered national3 regional3 sectoral parties or organi-ations for political andHor election purposes (Sec. 3f, R.A. 7,3.) Parties3 organi-ations or coalitions that are alread' registered with the CO> & C need not register anew2 Eowe*er3 should the' wish to participate in the part'.list s'stem3 the' must file with the CO> & C a manifestation of such desire to participate not later than 1/0 da's before the election2 (Sec. 3, R.A. 7,3., as amended b/ Sec. .., R.A. -336) Proce#ure for re"istration PETITION5 Petition *erified b' the part'Horgani-ationHcoalitionFs president or secretar'2 The petition must state its desire to participate in the part'.list s'stem as a national3 regional or sectoral part' or organi-ation or a coalition of such parties or organi-ations2 $HEN FILE-5 Aot later than 90 da's before the election ATTACH)ENTS5 (1! Constitution9 (/! B'.laws9 ((! Platform or program of go*ernment9 (%! &ist of officers9 ()! Coalition agreement (as a((licable)9 ($! Other rele*ant information as ma' be re5uired b' the CO> & C #fter due notice and hearing3 the CO> & C shall resol*e the petition within 1) da's from the date it was submitted for decision3 but not later than $0 da's before election2 (Sec. 5, R.A. 7,3.) Groun#s for refusal an#:or cancellation of re"istration The following are grounds for refusal andHor cancellation of registration of a part'3 organi-ation or coalition wishing to participate in the part'.list s'stem: 1. #ccepting financial contributions from foreign go*ernments or their agencies (Art. I7+#, Sec. 2 85), .,-7 #onstitution)9 The part' is a religious sect or denomination3 organi-ation or association organi-ed for religious purposes (Sec. 6 8.), R.A. 7,3.)9 The part' ad*ocates *iolence or unlawful means to see7 its goal

2.

3.

17
(Sec. 6 82), R.A. 7,3.)9 4. The part' is a foreign part' or organi-ation (Sec. 6 83), R.A. 7,3.)9 The part' is recei*ing support from an' foreign go*ernment3 foreign political part'3 foundation3 organi-ation3 whether directl' or through an' of its officers or members or indirectl' through third parties for partisan election purposes (Sec. 6 83), R.A. 7,3.)9 The part' *iolates or fails to compl' with laws3 rules or regulations relating to elections (Sec. 6 85), R. A. 7,3.)9 The part' declares untruthful statements in its petition for registration (Sec. 6 86), R.A. 7,3.)9 The part' has ceased to e4ist for at least 1 'ear (Sec. 6 87), R.A. 7,3.)9 The part' fails to participate in the last / preceding elections (Sec. 6 8-), R.A. 7,3.)9 +f registered under the part'.list s'stem3 the part' fails to obtain at least /I of the *otes in the / preceding elections for the constituenc' in which it has registered2 (Sec. 6 8-), R.A. 7,3.) suffrage2 >oreo*er3 must be a registered able to read and write3 least /) 'ears on the the election2 heHshe *oter3 and at da' of

5.

+n case of 'outh sector nominees3 such nominees must be at least /) but not more than (0 'rs2 old on the da' of the election2 (Sec. ,) (2) The nominee must be a bona fide member of the part' or organi-ation which heHshe see7s to represent for at least 90 da's preceding the da' of the election2 (Sec. ,) (3) #n elected part'.list representati*e who changes his political part' or sectoral affiliation within $ months before an election is not eligible for nomination as part'.list representati*e under his new part' or organi-ation2 (Sec. .5) (4) # person ma' be nominated in 1 list onl'2 (Sec. -) (5) Onl' persons who ha*e gi*en their consent in writing ma' be named in the list2 (Sec. -) (6) The list cannot include an' candidate for an' electi*e office or an' person who has lost his bid for an electi*e office in the immediatel' preceding election2 (Sec. -) (7) Changes of name or alterations in the order of nominees are generall' not allowed after the list has been submitted to the CO> & C2 Eowe*er3 these ma' be allowed when the nominee either: (a) =ies9 or (b) Githdraws his nomination in writing9 or (c) Becomes incapacitated in which case the substitute nominee shall be placed last in the list (Sec. -) Part2(list an# #istrict representati*es #istin"uishe# *er' *oter is entitled to / *otes: the

6.

7.

8.

9.

10.

The CO> & C ma' refuse or cancel registration either motu (ro(rio or upon *erified complaint of an' interested part'3 after due notice and hearing2 (Sec. 6, R.A. 7,3.) No&ination of part2(list representati*es (Sec. -, R.A. 7,3.) ach registered part'3 organi-ation or coalition shall submit to the CO> & C a list of not more than ) names from which part'.list representati*es shall be chosen in case it obtains the re5uired number of *otes2 This list must be submitted not later than %) da's before the election2 The nomination of part'.list representati*es is sub8ect to the following limitations: (1) The nominee must ha*e all of the 5ualifications and none of the dis5ualifications for the e4ercise of the right of

18
first is a *ote for candidate for member of the Eouse of "epresentati*es in his legislati*e district3 and the second3 a *ote for the part'3 organi-ation3 or coalition he wants represented in the Eouse of "epresentati*es2 Part2(list representati*e Scope of electorate lected nationall'3 with part'.list organi-ations garnering at least (I of all the *otes cast for the part'. list s'stem entitled to 1 seat3 which is increased according to proportional representation3 but is in no wa' to e4ceed ( seats per organi-ation Ao special residenc' re5uirement -istrict representati*e lected according to legislati*e district b' the constituents of such district Effect chan"e affiliation within &onths prior election of in E to part'3 based on the list submitted to the CO> & C2 that the *acanc' ta7es place at least 1 'ear before the ne4t election2 This does not pre*ent a district representati*e from running under his new part'2

# part'.list representati*e is prohibited from sitting as representati*e under his new part' or organi-ation2 # part'.list representati*e cannot sit if he ran and lost in the pre*ious election2

Effect of loss #urin" pre*ious election

# district representati*e is not pre*ented from running again as a district representati*e if heHshe lost during the pre*ious election2 ACCRE-ITATION OF A CITIHENS4 AR) $ho &a2 3e accre#ite#

Resi#ence re,uire&ent

>ust be a resident of his legislati*e district for at least 1 'ear immediatel' before the election lected personall'3 b' name2

)anner election

of

<oted upon b' part' or organi-ation2 +t is onl' when a part' is entitled to representation that it designates who will sit as representati*e2 &oses his seat3 in which case heHshe will be substituted b' another 5ualified person in the part' H organi-ation based on the list submitted to the CO> & C2 # substitution will be made within the

i2e2

#n' bona fide non.partisan group3 association or organi-ation . from the ci*ic3 'outh3 professional3 educational3 business or labor sectors . with identifiable leadership3 membership and structure3 . and with demonstrated capacit' to promote the public interest and assist the CO> & C in the performance of its functions and acti*ities as mandated b' the Constitution and b' law (Rule 33, Procedure) Sec. ., #$%E&E# Rules of

Proce#ure for accre#itation (1) FILING OF ACCRE-ITATION PETITION FOR

Effect of #isaffiliation with part2

=oes not lose seat if heHshe changes part' or affiliation2

#n' group see7ing accreditation ma' file a petition for accreditation3 dul' *erified b' its President3 Chairman of the Board of =irectors3 or an' of its dul' authori-ed officers2 The petition for accreditation must state the following: (a) The constituenc' to which petitioner see7s accreditation9 (b) That it is candidate3 not supporting an' political part'3

Effect *acanc2

of

# special election ma' be held pro*ided

19
organi-ation or coalition of political parties3 in the constituenc' where it see7s accreditation9 (c) Aature of its membership9 names of its officers or organi-ers3 location of principal office or place of business3 and an assurance of its capabilit' to underta7e a coordinated operation and acti*it' to assist the CO> & C9 (d) That it shall submit itself to the direct and immediate control and super*ision and compl' with the orders of the CO> & C in the performance of its specific functions and acti*ities pro*ided b' law3 and such other functions and acti*ities pro*ided b' law3 and such other functions and acti*ities which the CO> & C ma' assign9 (e) That it shall strictl' remain non. partisan and impartial during the registration and election periods9 (f) That it is not supported b' or under the influence of an' foreign go*ernment or an' of its agencies or instrumentalities9 or of an' foreigner3 whether natural or 8uridical person9 deems such necessar'2 Publication shall be at the e4pense of the petitioner2 (3) HEARING OF PETITION The accreditation of the petitioner ma' be opposed b' an' person3 group3 association3 group or organi-ation3 political part' or coalition of political parties possessing rele*ant information or e*idence against the petitioner b' filing a *erified opposition2 Eowe*er3 notwithstanding the absence of an' opposition3 the CO> & C ma' motu (ro(rio re5uire the petitioner to present e*idence to support its petition for accreditation2 (4) -ECISION The CO> & C shall then render its decision2 +f the decision is for the accreditation of the petition3 a certificate of accreditation shall be issued stating the following: (a) The name of the group or organi-ation9 (b) The constituenc' to which it is accredited9 and (c) The political e4ercise for which it is accredited Re*ocation an# e%piration of accre#itation RE!OCATION5 >a' be done b' the CO> & C after notice and hearing for an' of the following acts: (1) The citi-ensF arm has showed or acted with partialit' in an' political issue or to an' political part'3 organi-ation or coalition of political parties9 (2) +t has performed acts in e4cess of its duties and functions as pro*ided b' law9 or (3) +t has failed to compl' with the conditions imposed upon it in the decision granting accreditation2 E@PIRATION5 The accreditation automaticall' lapses at the end of the election period of the political e4ercise for which the petitioner was accredited as citi-ensF arm2 CERTIFICATES OF CAN-I-ACY Can#i#ate #efine#

(g) That it shall not solicit or recei*e3 directl' or indirectl'3 an' contribution or aid of whate*er form or nature from an' foreign go*ernment or an' of its agencies or instrumentalities3 or from an' foreigner3 whether natural or 8uridical person9 (h) That it does not see7 to achie*e its ob8ecti*es3 goals or programs through *iolence or other unlawful means3 nor aim to propagate an' ideolog' opposed to the principles of a republican and democratic go*ernment9 and (i) That it underta7es to police its ran7s and pre*ent infiltration b' persons or groups of persons who ma'3 directl' or indirectl'3 destro' its character of non.partisanship and impartialit'2

(2) SETTING OF PETITION FOR HEARING ;pon the filing of the petition3 the CO> & C en banc shall immediatel' set the petition for hearing2 The CO> & C ma' order the publication of the petition in a newspaper of general circulation if it

20
#n' person aspiring for or see7ing an electi*e public office3 who has filed a certificate of candidac' b' himself or through an accredited political part'3 aggroupment3 or coalition of parties2 (Sec. 7,, :P --.) $uest Candidac. # political part' ma' nominate andHor support candidates not belonging to it2 ( Sec. 74, :P --.) Aote howe*er that this is not applicable in cases of political parties registered under the part'.list s'stem3 as nominees must necessaril' be bona fide members of the part'2 /ualifications See t*e (ro isions of t*e #onstitution for t*e 0ualifications of candidates for President, Cice+President, Senator, and %ember of t*e Douse of Re(resentati es. See t*e (ro isions of t*e &ocal Ao ernment #ode for t*e 0ualifications of local electi e officials. Dualifications prescribed b' law are continuing re5uirements and must be possessed for the duration of the officerFs acti*e tenure2 Once an' of the re5uired 5ualifications are lost3 his title to the office ma' be seasonabl' challenged2 (See 'ri aldo . #$%E&E#, .73 S#RA 2359 &abo . #$%E&E#, .76 S#RA .) Filin" of certificate of can#i#ac2 To be eligible for an' electi*e public office3 one must file a certificate of candidac' within the period fi4ed b' the Omnibus lection Code2 'ode of *i"ing Certificates must be filed b' the candidate personall' or b' his dul' authori-ed representati*e2 Ao certificate shall be filed b' mail3 telegram or facsimile2 (Sec. 7, R.A. 7.66) Time of *i"ing Certificates of candidac' must be filed in 1/ legible copies not later than 1/0 da's before the elections2 (Sec. .., R.A. -336) "ace of *i"ing The certificates of candidac' shall be filed in the following places: Presi#ent !ice(Pres N N #$%E&E# main office 8%la) Senator N Con"ress&an ( Pro incial election su(er isor +f AC" district: 1ile with Re"ional Election ?irector +f legislati*e district in cities outside AC" which comprise one or more legislati*e districts: 1ile with #it/ election re"istrar concerned Pro*incial Offices ( su(er isor Pro incial election

Cit2 : )unicipal Offices . #it/ or munici(al election re"istrar Contents of certificate of can#i#ac2 The certificate of candidac' shall state the following: That the person filing the certificate is announcing his candidac' for the office stated therein and that he or she is eligible for such office9 The political part' to which the candidate belongs9 Ci*il status9 =ate of birth9 "esidence9 Post office address for all election purposes9 Profession or occupation9 That he H she will support and defend the Constitution of the Philippines and will maintain faith and allegiance thereto9 That he H she will obe' the laws3 legal orders3 and decrees promulgated b' the dul' constituted authorities9 That he H she is not a permanent resident or immigrant to a foreign countr'9 That the obligation imposed b' oath is assumed *oluntaril'3 without mental reser*ation or purpose of e*asion9 That the facts stated in the certificate of candidac' are true to the best of his 7nowledge2

21
Effects of filin" Note5 Sec+ EI of >P AA7 an# the first pro*iso of Sec+ 77 of R+A+ AD.E (w*ic* states t*at EAn/ electi e official, runnin" for an/ officer ot*er t*an one w*ic* *e is *oldin" in a (ermanent ca(acit/, e1ce(t for President and Cice+President, s*all be considered i(so facto resi"ned u(on t*e start of t*e cam(ai"n (eriod6! ha*e been repeale# b' Sec+ 7D of R+A+ B88E 6Fair Election Act of C8879+ #n' mass media columnist3 commentator3 announcer3 reporter3 on.air correspondent or personalit' who is a candidate for an' electi*e public office shall be deemed resigned3 if so re5uired b' hisHher emplo'er3 or shall ta7e a lea*e of absence from hisHher wor7 as such during the campaign period2 (Sec. 6.6, R.A. ,446) $ith#rawal of certificate # person who has filed a certificate of candidac' ma' withdraw the same prior to the election b' submitting to the office concerned a written declaration under oath2 +f a candidate files a certificate of candidac' for more than 1 office3 he shall not be eligible for an' of them2 Howe*er1 he ma' declare under oath the office for which he desires to be eligible and cancel the certificate of candidac' for the other office or offices pro*ided that this is done 3efore the e4piration of the period for the filing of certificates of candidac'2 (Sec. 73, :P --.) The filing of the withdrawal shall not affect whate*er ci*il3 criminal3 or administrati*e liabilities which a candidate ma' ha*e incurred2 (Sec. 73, :P --.) RA)IREH !+ CO)ELEC The certificate of candidac' of petitioner for the office of pro*incial board member was filed b' his political part'2 1) minutes before the deadline3 he filed his certificate of candidac' for ma'or2 8 da's later3 he filed a petition to withdraw his certificate of candidac' for the office of the board member and to declare subsisting his certificate of candidac' for ma'or3 attaching his written declaration under oath withdrawing his certificate of candidac' for board member2 ,ince the certificate of candidac' for the position of board member was filed b' his part' and the said part' had withdrawn that nomination3 there was substantial compliance with ,ec2 7( of the Omnibus lection Code2 Eis filing under oath within the statutor' period of his indi*idual candidac' for ma'or was a re8ection of the part' nomination of the other officer2 -is,ualifications #ccording to Prof2 Barlonga'3 dis5ualifications ma' be classified into % categories: (1! status9 (/! acts9 ((! nuisance candidac'9 and (%! falsit' of material representation in the certificate of candidac'2 %tatus (1) &ac7 of 1ilipino citi-enship9 (2) &ac7 of residenc' re5uirement9 (3) +nsanit' or incompetence3 as declared b' competent authorit'9 (4) Permanent residence or immigrant status in a foreign countr'3 unless such person has wai*ed his status as permanent resident or immigrant in accordance with the residence re5uirement pro*ided for in the election laws (Sec. 6-, :P --.) (cts (1) ,entence b' final 8udgment for: ,ub*ersion3 rebellion9 insurrection3

#n' offense for which the candidate has been sentenced to a penalt' of more than 18 months of imprisonment9 #n' offense in*ol*ing moral turpitude9 >oral turpitude is an act of a baseness3 *ileness3 or depra*it' in the pri*ate duties which a man owes to his fellow men3 or to societ' in general3 contrar' to the accepted and customar' rule of right and dut' between man and woman or conduct contrar' to 8ustice3 honest'3 modest' or good morals2 The general rule is that crimes mala in se in*ol*e moral turpitude while crimes mala prohibita do not2 >oral turpitude implies something immoral in itself3 regardless of

22
the fact that it is punishable b' law or not2 (?ela 2orre . #$%E&E#, .,. S#RA 22,) Ea*ing gi*en mone' or other material consideration to influence3 induce or corrupt the *oters or public officials performing electoral functions (Sec. 6-a, :P --.)9 Ea*ing committed acts of terrorism to enhance his candidac' (Sec. 6-b, :P --.)9 Ea*ing spent in his election campaign an amount in e4cess of that allowed b' the Omnibus lection Code (Sec. 6-c, :P --.)9 Ea*ing solicited3 recei*ed or made an' contribution prohibited under the Omnibus lection Code (Sec. 6-d, :P --.9 cf. Secs. -,, ,5, ,6, ,7 and .43)9 Ea*ing engaged in election campaign or partisan political acti*it' outside the campaign period and not pursuant to a political part' nomination (Sec. 6-e, :P --., cf. Sec. -4)9 Ea*ing remo*ed3 destro'ed3 obliterated3 defaced or tampered with or pre*ented the distribution of lawful election propaganda (Sec. 6-e, :P --., cf. Sec. -3)9 Ea*ing *iolated the rules and regulations on election propaganda through mass media (Sec. 6-e, :P --., cf. Sec. -6)9 Ea*ing coerced3 intimidated3 compelled3 or in an' manner influenced3 directl' or indirectl'3 an' of his subordinates or members3 or emplo'ees3 etc2 to aid3 campaign or *ote for or against an' candidate or an' aspirant for the nomination or selection of candidates (Sec. 6-e, :P --., cf. Sec. 26.d)9 Ea*ing directl' or indirectl' threatened3 intimidated3 or actuall' caused3 inflicted or produced an' *iolence3 in8ur'3 punishment3 damage3 loss or disad*antage upon an' person or that of the immediate members of his famil'3 his honor or propert'3 or used an' fraudulent de*ice or scheme to compel or induce or pre*ent the registration of an' *oter3 or the participation in an' campaign3 or the casting of an' *ote3 or an' promise of such registration3 campaign3 *ote3 or omission therefrom (Sec. 6-e, :P --., cf. Sec. 26.e)9 Ea*ing engaged in unlawful electioneering (Sec. 6-e, :P --., cf. Sec. 26.@)9 Ea*ing *iolated the prohibition against release3 disbursement or e4penditure of public funds %) da's before a regular election (or (0 da's in the case of a special election! (Sec. 6-e, :P --., cf. Sec. 26. )9 Ea*ing solicited *otes or underta7en an' propaganda on the da' of election for or against an' candidate or an' political part' within the polling place or within a radius of (0 m2 thereof (Sec. 6-e, :P --., cf. Sec. 25.cc)

-uisance candidac. # nuisance candidate is one who files a certificate of candidac': (a) To put the election process in moc7er' or disrepute9 or (b) To cause confusion among the *oters b' the similarit' of the names of the registered candidates3 or (c) Clearl' demonstrating that heHshe has no bona fide intention to run for the office which the certificate of candidac' has been filed3 and thus pre*ents a faithful determination of the true will of the electorate2 (Sec. 6,, :P --.) *a"sit. of materia" representation 1alsit' of a material representation in the certificate of candidac' is a ground for the denial of due course to or cancellation of a certificate of candidac' under ,ec2 78 of BP

23
8812 Disqua"ifications under the ,oca" $overnment Code (Sec. 34, R.A. 7.64) (1) Those sentenced b' final 8udgment for an offense punishable b' one 'ear or more of imprisonment and within / 'ears after ser*ing sentence2 (2) Those remo*ed from office as a result of an administrati*e case2 REYES !+ CO)ELEC "e'es3 the incumbent ma'or3 was found guilt' in an administrati*e complaint2 =espite this3 he filed a certificate of candidac'2 #lthough the CO> & C dis5ualified him3 the Board of lection Can*assers3 unaware of CO> & CBs decision to dis5ualif' him3 proclaimed "e'es as the ma'or2 The election of "e'es did not render the administrati*e charges against him moot and academic2 The decision to remo*e him was ser*ed on "e'es and thereafter became final because he failed to appeal to the Office of the President2 Ee was therefore *alidl' remo*ed from office and pursuant to the &ocal Co*ernment Code3 was dis5ualified from running for re.election2 (3) Those con*icted b' final 8udgment for *iolating the oath of allegiance to the "epublic of the Philippines2 (4) Those with dual citi-enship2 See %ercado . %an)ano 8&ocAo ) (5) 1ugiti*es from 8ustice in criminal and non.political cases here and abroad2 # 6fugiti*e from 8ustice6 includes 6not onl' those who flee after con*iction to a*oid punishment3 but li7ewise those who3 after being charged3 flee to a*oid prosecution26 (%ar0ue) . #$%E&E#, 233 S#RA 35-) +n the case of Rodri"ue) . #$%E&E# 8A.R. !o. .244,,, >ul/ 23, .,,6), it was held that "odrigue- could not be considered a 6fugiti*e from 8ustice6 because his arri*al in the Philippines from the ;2,2 preceded the filing of the felon' complaint in the &os #ngeles Court and the issuance of the arrest warrant b' the same foreign court b' almost ) months2 The ,upreme Court held that the intent to e*ade is the compelling factor that animates oneBs flight from a particular 8urisdiction2 #nd there can onl' be an intent to e*ade prosecution or punishment when there is 7nowledge b' the fleeing sub8ect of an alread' instituted indictment3 or of a promulgated 8udgment of con*iction2 (6) Permanent residents in a foreign countr' or those who ha*e ac5uired the right to reside abroad and continue to a*ail of the same right after the effecti*it' of the &ocal Co*ernment Code2 FRI!AL-O !+ CO)ELEC 1ri*aldo was pre*iousl' declared as an alien2 =espite this3 he was able to file his certificate of candidac'2 The election occurred on >a' 83 199)2 1ri*aldo was able to re. ac5uire Philippine citi-enship on Kune (03 199) through repatriation b' ta7ing his oath of allegiance at /:00 p2m2 Philippine citi-enship is an indispensable re5uirement for holding an electi*e public office2 #n official begins to go*ern or discharge his functions onl' upon his proclamation and on the da' the law mandates his term of office to begin2 ,ince 1ri*aldo re. assumed his citi-enship on the *er' da' the term began3 he was therefore alread' 5ualified to be proclaimed3 to hold such office and to discharge the functions and responsibilities thereof as of the said date2 (7) Those who are insane or feeble. minded2 %pecia" Disqua"ifications under the ,one Candidate ,a# (Sec. 3, R.A. -2,5) The following persons are dis5ualified from running in a special election called to fill the *acanc' in an electi*e office3 pro*ided that e*idence of their guilt is strong: (1) #n' electi*e official who has resigned from his office b' accepting an appointi*e office or for whate*er reason which he pre*iousl' occupied but has caused to become *acant due to his resignation9

24
(2) #n' person who3 directl' or indirectl'3 coerces3 bribes3 threatens3 harasses3 intimidates3 or actuall' causes3 inflicts or produces an' *iolence3 in8ur'3 punishment3 torture3 damage3 loss or disad*antage to an' person or persons aspiring to become a candidate or that of the immediate member of his famil'3 his honor or propert' that is meant to eliminate all other potential candidate2 Effect of #eath1 #is,ualification or with#rawal +f the death3 withdrawal occurs: dis5ualification or other office or offices2 The filing or withdrawal of a certificate of candidac' shall not affect whate*er ci*il3 criminal or administrati*e liabilities which a candidate ma' ha*e incurred2 Certifie# List of Can#i#ates The CO> & C shall cause to be printed a certified list of candidates for each office to be *oted for in each pro*ince3 cit' or municipalit' immediatel' followed b' the nic7name or stage name of the candidate and his political affiliation3 if an'2 The list shall be posted inside each *oting booth2 Ghene*er practicable3 the Board of lection +nspectors shall cause said list of candidates to be written on the blac7board or manila paper for posting inside the polling place2 The names of all candidates followed b' his nic7name or stage name shall also be printed in the election returns and tall' sheets2 (Sec. 3, R.A. 6636) ELECTION CA)PAIGN ? E@PEN-IT RES ELECTION CA)PAIGN Election ca&pai"n or partisan political acti*it2 +t is an act designed to promote the election or defeat of a particular candidate or candidates to a public office2 +t does not include public e4pressions of opinions or discussions of probable issues in a forthcoming election or on attributes or criticisms of probable candidates proposed to be nominated in a forthcoming political part' con*ention2 rohibitions >embers of the board of election inspections are prohibited from engaging in an' partisan political acti*it' or from ta7ing part in the election e4cept to discharge their duties as such and to *ote2 (Sec. .73, :P --.) Officers or emplo'ees of the ci*il ser*ice are prohibited from engaging directl' or indirectl' in an' electioneering or partisan political campaigns2 (Art. I7+:, Sec. 2 83), .,-7 #onstitution) >embers of the militar' are

. after the last da' for filing of the certificates of candidac' OA&O a person belonging to3 and certified3 b' the same political part'3 ma' file a certificate of candidac' to replace him2 . between the da' before the election and mid. da' of the election da' the certificate ma' be filed with an' Board of lection +nspectors in the political subdi*ision where he is a candidate or with the CO> & C if it is a national position2 (Sec. 77, :P --.) Petition to #en2 #ue course or to cancel certificate # *erified petition to den' due course to or cancel a certificate of candidac' ma' be filed b' an' person PC&;,+< &O on the ground that a material misrepresentation contained therein as re5uired is false2 ,uch petition shall be filed an' time not later than /) da's from the time of filing of the certificate3 and shall be decided not later than 1) da's before the election2 (Sec. 7-, :P --.) Prohi3ition a"ainst )ultiple Can#i#acies Ao person shall be eligible for more than one office to be filled in the same election3 and if he files his certificate of candidac' for more than one office3 he shall not be eligible for an' of them2 Eowe*er3 before the e4piration of the period for the filing of certificates of candidac'3 the person who was filed more than one certificate of candidac' ma' declare under oath the office for which he desires to be eligible and cancel the certificate of candidac' for the

25
prohibited from engaging directl' or indirectl' in an' partisan political acti*it' e4cept to *ote2 (Art. 7CI, Sec. 5 83), .,-7 #onstitution) Ca&pai"n perio# +t is prohibited for an' person3 political part' or association of persons to engage in an election campaign or partisan political acti*it' e4cept during the campaign period2 <iolation of this prohibition constitutes an election offense2 (Sec. -4, :.P. --.) Lawful election propa"an#a (Sec. 3, R.A. ,446) The following are lawful election propaganda: Pamphlets3 leaflets3 cards3 decals3 stic7ers3 or other written or printed materials the si-e of which does not e4ceed 8 Q inches in width and 1% inches in length9 Eandwritten or printed letters urging *oters to *ote for or against an' particular political part' or candidate for public office9 Cloth3 paper or cardboard posters3 whether framed or posted3 with an area not e4ceeding / feet b' ( feet2 reasonabl' legible or audible words ?political ad*ertisement paid for@ followed b' the true and correct name and address of the candidate or part' for whose benefit the election propaganda was printed or aired2 (Sec. 3.., R.A. ,446) +f the broadcast is gi*en free of charge b' the radio or T< station3 it shall be identified b' the words 6airtime for this broadcast was pro*ided free of charge b'6 followed b' the true and correct name and address of the broadcast entit'2 (Sec. 3.2, R.A. ,446) Print3 broadcast or outdoor ad*ertisements donated to the candidate or political part' shall not be printed3 published3 broadcast or e4hibited without the written acceptance b' the said candidate or political part'2 ,uch written acceptance must be attached to the ad*ertising contract and submitted to the CO> & C within ) da's after its signing2 (Sec. 3.3, R.A. ,446, cf. Sec. 6.3, R.A. ,446)

!$2E5 Streamers not e1ceedin" 3 feet b/ - feet in si)e are allowed at t*e site and on occasion of a (ublic meetin" or rall/ or in announcin" t*e *oldin" of suc* meetin" or rall/. Suc* streamers ma/ be dis(la/ed 5 da/s before t*e date of t*e meetin" or rall/ and s*all be remo ed wit*in 23 *ours after said meetin" or rall/. Paid ad*ertisements in print or broadcast media2 ,uch ad*ertisements must compl' with the following re5uirements: #n' published or printed political matter and an' broadcast of election propaganda b' T< or radio for or against a candidate or group of candidates to an' public office shall bear and be identified b' the

#ll other forms of election propaganda not prohibited b' the Omnibus lection Code or the 1air lection #ct of /0012

A#ion" *+ CO)ELEC (247 S#RA 7.2) +n this case3 the ,upreme Court declared as unconstitutional CO> & C "esolution Ao2 /(%7 insofar as it prohibits the posting of decals and stic7ers on cars and other mo*ing *ehicles since it infringes on the right to freedom of e4pression2 The restriction is so broad as to include e*en a citi-enFs pri*atel'.owned *ehicle3 which is e5ui*alent to depri*ation of propert' without due process of law2 Prohi3ite# Acts +t is prohibited: 1or an' foreigner: to aid an' candidate or political

26
part'3 directl' or indirectl'9 to ta7e part or influence in an' manner an' election9 to contribute or ma7e an' e4penditure in connection with an' election campaign or partisan political acti*it' political ad*ertisements must be within the limits set forth in the Omnibus lection Code and "2#2 71$$ on election spending2 Pursuant to such end: Print ad*ertisements shall not e4ceed 1H% page3 in broadsheet and 1H/ page in tabloids thrice a wee7 per newspaper3 maga-ine3 or other publications3 during the campaign period9 :ona fide candidates and registered political parties running for nationall' electi*e office are entitled to not more than 1/0 minutes of T< ad*ertisement and 180 minutes of radio ad*ertisement whether b' purchase or b' donation9 :ona fide candidates and registered political parties running for locall' electi*e office are entitled to not more than $0 minutes of T< ad*ertisement and 90 minutes of radio ad*ertisement whether b' purchase or b' donation9 Broadcast stations or entities are re5uired to submit copies of their broadcast logs and certificates of performance to the CO> & C for the re*iew and *erification of the fre5uenc'3 date3 time and duration of ad*ertisement broadcast for an' candidate or political part'9 #ll mass media entities are re5uired to furnish the CO> & C with a cop' of all contracts for ad*ertising3 promoting or opposing an' political part' or the candidac' of an' person for public office within ) da's after its signing9 Ao franchise or permit to operate a radio or T< station shall be granted or issued3 suspended or cancelled during the election period2 'edia practitioners >oreo*er3 media practitioners who are officials of a political part' or members of the campaign staff of a candidate or political part' prohibited from using their media time or space to fa*or an' candidate or political part'2 >edia practitioners or personalities who are candidates for an' electi*e public office or are campaign *olunteers for or emplo'ed or retained in an' capacit' b' an' candidate or political part' shall be deemed resigned3 if so re5uired b' their emplo'er3 or shall ta7e a lea*e of absence from their wor7 as such

1or an' person during the campaign period: to remo*e3 destro'3 obliterate or in an' manner deface or tamper with lawful election propaganda9 to pre*ent the distribution of lawful election propaganda part'3

1or an' candidate3 political organi-ation or an' person:

to gi*e or accept3 directl' or indirectl'3 free of charge3 transportation3 food or drin7s or things of *alue during the fi*e hours before and after a public meeting3 on the da' preceding the election3 and on the da' of the election9 to gi*e or contribute3 directl' or indirectl'3 mone' or things of *alue for such purpose2

>a#o2 * CO)ELEC 6() ,C"# /8)! The prohibition against certain forms of election propaganda was upheld as a *alid e4ercise of police power3 ?to pre*ent the per*ersion and prostitution of the electoral apparatus3 and of the denial of due process of law2@ Sani#a# *s CO)ELEC ( 181 ,C"# )/9! But this e*il does not obtain in a plebiscite where the electorate is as7ed to *ote for or against issues not candidates2 )ass )e#ia Equa" access to media time and space #ll registered parties and bona fide candidates are guaranteed e5ual access to media time and space under the 1air lection #ct2 To this end3 the CO> & C has the power to super*ise the use and emplo'ment of press3 radio and tele*ision facilities insofar as the placement of political ad*ertisements is concerned to ensure that candidates are gi*en e5ual opportunities under e5ual circumstances to ma7e 7nown their 5ualifications and their stand on public issues2 Of course3 such

27
during the campaign period2 ub"ic exhibitions Ao mo*ie3 cinematograph3 or documentar' portra'ing the life or biograph' of a candidate shall be publicl' e4hibited in a theater3 T< station or an' public forum during the campaign period2 The same is true for mo*ies3 cinematographs and documentaries portra'ed b' actors or media personalities who are themsel*es candidates2 Rallies1 &eetin"s an# other political acti*it2 (pp"ication for permits to ho"d ra"". (Sec. -7, :.P. --.) The holding of peaceful political rallies during the campaign period is allowed2 +n order to hold rallies3 political parties must follow the re5uirements of local ordinances on the issuance of permits2 #ll applications for permits to hold meetings3 rallies and other similar political acti*ities must be immediatel' posted in a conspicuous place in the cit' or municipal building3 and the receipt thereof ac7nowledged in writing2 ,uch applications must be acted upon in writing b' local authorities concerned within ( da's after the filing thereof2 +f the application is not acted upon within said period3 it is deemed appro*ed2 The onl' 8ustifiable ground for denial of the application for the permit is that a prior written application b' an' candidate or political part' for the same purpose has been appro*ed2 =enial of an' application for said permit is appealable to the pro*incial election super*isor or to the CO> & C whose decision shall be made within %8 hours and which shall be final and e4ecutor'2 -otification of e"ection registrar (Sec. --, :.P. --.) The political part' or candidate must notif' the election registrar of an' rall'2 Githin 7 wor7ing da's3 the political part' or candidate must submit to the election registrar the e4penses incurred during the rall'2 CO)ELEC space1 poster area1 ti&e an# infor&ation 3ulletin C/'E,EC space The CO> & C shall procure space in at least one newspaper of general circulation in e*er' pro*ince or cit'3 or in the absence of such newspaper3 in an' other maga-ine or periodical in said pro*ince or cit'3 which shall be 7nown as ?CO> & C ,pace2@ CO> & C space shall be allocated to the CO> & C upon pa'ment of 8ust compensation3 and shall be utili-ed e4clusi*el' b' the CO> & C for public information dissemination on election.related concerns2 (Sec. -, R.A. ,446) Phil+ Press Institute *+ CO)ELEC The ,upreme Court declared sec2 / of CO> & C "esolution /7// compelling print media companies to donate ?CO> & C ,pace@ as null and *oid2 ,ec2 / does not constitute a *alid e4ercise of the power of eminent domain2 The element of necessit' for the ta7ing has not been shown b' CO> & C2 There is no showing that the members of the Philippine Press +nstitute are unwilling to sell print space2 1urthermore3 it has not been demonstrated that the CO> & C has been granted the power of eminent domain b' the Constitution or the &egislature2 +n addition3 sec2 / does not constitute a *alid e4ercise of police power2 1irst3 there was no effort to show that police power was constitutionall' delegated to the CO> & C2 ,econd3 no attempt was made to demonstrate that a real and palpable or urgent necessit' for the ta7ing of print space confronted the CO> & C2 Thus3 CO> & C cannot procure print space without pa'ing 8ust compensation therefor2 C/'E,EC time The CO> & C shall li7ewise air time in at least 1 ma8or broadcasting station or entit' in e*er' pro*ince or cit'3 or in the absence of such entit'3 in an' radio or T< station in said pro*ince or cit'3 which shall be 7nown as 6CO> & C time26 ,uch CO> & C time shall be allocated to the CO> & C free of charge3 and shall be utili-ed e4clusi*el' b' the CO> & C for public information dissemination on election.related concerns2 (Sec. -, R.A. ,446) Teleco&&unications an# >roa#cast Attorne2s of the Philippines *+ CO)ELEC (2-, S#RA 337) +n this case3 which 5uestioned the CO> & CFs power under ,ec2 9/3 BP 881 to re5uire T< stations to gi*e air time for candidates free of charge3 the ,upreme Court held that such power is *alid and constitutional3 being an e4ercise of the plenar' police power of the ,tate to promote the general welfare2 The Court ga*e the following reasons: (1) #ll broadcasting3 whether b' radio or T<3 is licensed b' the go*ernment3

28
and the franchise issued to a broadcast station is alwa's sub8ect to amendment3 alteration or repeal b' Congress when the common good re5uires2 There is no better measure for the common good than one for free airtime for the benefit not onl' of the candidates but e*en more of the public3 particularl' the *oters3 so that the' will be informed of the issues in an election3 for after all3 it is the right of the *iewers and listeners3 not of the broadcasters3 that is paramount2 (2) The CO> & C does not ta7e o*er the operation of radio and tele*ision stations3 but onl' the allocation of airtime to the candidates3 to ensure e5ual opportunit'3 time and the right to repl'3 as mandated b' the Constitution2 (3) There are substantial distinctions in the characteristics of the broadcast media from those of the print media which 8ustif' the different treatment accorded to each for purposes of free speech3 *i-: the ph'sical limitations of the broadcast spectrum3 the uni5uel' per*asi*e presence of the broadcast media in the li*es of all 1ilipinos3 and the earlier ruling that the freedom of T< and radio broadcasting is somewhat lesser than the freedom accorded to the print media2 the reprint and the printerBs name2 C/'E,EC officia" samp"e ba""ot (Sec. .-5, :.P. --., as amended b/ R.A. 7,43) #t least (0 da's before an election3 the CO> & C shall furnish e*er' registered *oter with an unfilled official sample ballot3 *oter information sheet3 and a list of all registered national3 pro*incial and cit' candidates to be *oted in the said election2 The information sheet shall include the *oterFs name3 address3 the precinct and the place where he is registered3 and simplified instructions as to the casting of *otes2 The names of the candidates shall be listed in alphabetical order under their respecti*e part' affiliation and a one.line statement not to e4ceed ( words of their occupation or profession2 Persons nominated under the part'.list s'stem shall li7ewise be included in the abo*e.mentioned list2 Pu3lic foru& (Sec. ,, R.A. 6636) The CO> & C shall encourage non. political non.partisan pri*ate or ci*ic organi-ation to initiate and hold in e*er' cit' and municipalit'3 public for a at which all registered candidates for the same office ma' simultaneousl' and personall' participate to present3 e4plain andHor debate on their campaign platforms and programs and other li7e issues2 The CO> & C shall promulgate the rules and regulations for the holding of such to assure its non.partisan character and e5ualit' of access thereto b' all candidates2 Election sur*e2s (Sec. 5, R.A. ,446) E"ection surve.s& defined lection sur*e's refer to the measurement of opinions and perceptions of the *oters as regards a candidateFs popularit'3 5ualifications3 platforms or a matter of public discussion in relation to the election3 including *otersF preference for candidates or publicl' discussed issues during the campaign period2 )nformation required to be pub"ished in the surve. =uring the election period3 an' person3 natural as well as 8uridical3 candidate or organi-ation who publishes a sur*e' must li7ewise publish the following information:

C/'E,EC poster area (Sec. ,, R.A. ,446) The CO> & C ma' authori-e political parties and part'.list groups to erect common poster areas for their candidates in not more than 10 public places such as pla-as3 mar7ets3 baranga' centers and the li7e3 wherein candidates can post3 displa' or e4hibit propaganda2 ,uch poster areas shall not e4ceed 1/ feet b' 1$ feet or its e5ui*alent2 1or independent candidates with no political parties3 the si-e of the common poster area must not e4ceed % feet b' $ feet or its e5ui*alent2 C/'E,EC information bu""etin (Sec. ,3, :.P. --.) The CO> & C shall cause the printing and super*ise the dissemination of bulletins which shall contain the picture3 bio.data and program of go*ernment of e*er' candidate2 #n' candidate can reprint these bulletins3 pro*ided it is an e4act replica and shall bear the candidateBs name who caused

29
The name of the person3 candidate3 part' or organi-ation who commissioned or paid for the sur*e'9 The name of the person3 polling firm or sur*e' organi-ation who conducted the sur*e'9 The period during which the sur*e' was conducted3 the methodolog' used3 including the number of indi*idual respondents and the areas from which the' were selected3 and the specific 5uestions as7ed9 The margin of error of the sur*e'9 1or each 5uestion for which the margin of error is greater than that reported abo*e3 the margin of error for that 5uestion9 and # mailing address and telephone number3 indicating it as an address or telephone number at which the sponsor can be contacted to obtain a written report regarding the sur*e' in accordance with ,ec2 )2( of "2#2 900$2 The result of the e4it polls ma' be announced after the closing of the polls on election da'3 and must clearl' identif' the total number of respondents3 and the places where the' were ta7en2 ,aid announcement shall state that the same is unofficial and does not represent a trend2 A>S(C>N *+ CO)ELEC (>anuar/ 2-, 2444) +n this case3 the ,upreme Court held that e4it polls are *alid2 The' do not *iolate the principle of secrec' of the ballot since such polls are purel' *oluntar' on the part of the *oter and do not re5uire him or her to re*eal his or her ballot2 ELECTION CONTRI> TIONS ? E@PEN-IT RES Contri3utions Contri3utions #efine# (Sec. ,3a, :.P. --.) 6Contribution@ includes a gift3 donation3 subscription3 loan3 ad*ance or deposit of mone' or an'thing of *alue3 or a contract3 promise or agreement to contribute3 whether or not legall' enforceable3 made for the purpose of influencing the results of the elections but shall not include ser*ices rendered without compensation b' indi*iduals *olunteering a portion or all of their time in behalf of a candidate or political part'2 +t shall also include the use of facilities *oluntaril' donated b' other persons3 the mone' *alue of which can be assessed based on the rates pre*ailing in the area2 Prohi3ite# contri3utions (Sec. ,5, :.P. --.) Ao contribution for purposes of partisan political acti*it' shall be made directl' or indirectl' b' an' of the following: Public or pri*ate financial institutions2 Eowe*er3 the' are not prohibited from ma7ing an' loan to a candidate or political part' if: (a) the financial institutions are legall' in the business of lending mone'3 (b) the loan is made in accordance with laws and

+t must be noted that ,ec2 )2% which prohibits the publication of sur*e's 1) da's (for national candidates! or 7 da's (for local candidates! before an election was declared unconstitutional b' the ,upreme Court upon a petition filed b' the >anila ,tandard and ,ocial Geather ,tation3 +nc2 (,G,! The decision3 which was penned b' Kustice <2<2 >endo-a3 stated that the pro*ision 6constitutes an unconstitutional abridgment of freedom of speech3 e4pression and the pressJ as it imposes prior restraint and therefore3 a direct and total suppression of a categor' of e4pression e*en for a limited period26 ( E1act title of case and citation not a ailable as of t*is writin". See front (a"e of P*ili((ine Star, %a/ 6, 244., for details.) E%it polls (Sec. 5.5, R.A. ,446) 4it polls ma' onl' be ta7en sub8ect to the following re5uirements: Pollsters shall not conduct their sur*e's within )0 meters from the polling place3 whether said sur*e' is ta7en in a home3 dwelling place and other places9 Pollsters shall wear distincti*e clothing9 Pollsters shall inform the *oters that the' ma' refuse to answer9 and

30
regulations9 #A=3 (c) the loan is made in the ordinar' course of business2 Aatural and 8uridical persons operating a public utilit' or in possession of or e4ploiting an' natural resources of the nation9 Aatural and 8uridical persons who hold contracts or sub.contracts to suppl' the go*ernment or an' of its di*isions3 subdi*isions or instrumentalities3 with goods or ser*ices or to perform construction or other wor7s9 Aatural and 8uridical persons who ha*e been granted franchises3 incenti*es3 e4emptions3 allocations or similar pri*ileges or concessions b' the go*ernment or an' of its di*isions3 subdi*isions or instrumentalities3 including COCCs9 Aatural and 8uridical persons who3 within 1 'ear prior to the date of the election3 ha*e been granted loans or other accommodations in e4cess of P1003000 b' the go*ernment or an' of its di*isions3 subdi*isions or instrumentalities including COCCs9 ducational institutions which ha*e recei*ed grants of public funds amounting to no less than P10030002009 beaut' contests3 entertainments3 or cinematographic3 theatrical or other performances

+t is unlawful for an' person or organi-ation3 whether ci*ic or religious3 directl' or indirectl'3 to solicit andHor accept from an' candidate for public office3 or from his campaign manager3 agent or representati*e3 or an' person acting in their behalf3 an' gift3 food3 transportation3 contribution or donation in cash or in 7ind from the commencement of the election period up to and including election da'2 Aote3 howe*er3 that normal and customar' religious stipends3 tithes3 or collections on ,unda's andHor other designated collection da's3 are e4cluded from this prohibition2 E%pen#itures E%pen#itures #efine# (Sec. ,3b, :P --.) ? 4penditure6 includes the pa'ment or deli*er' of mone' of an'thing of *alue3 or a contract3 promise or agreement to ma7e an e4penditure3 for the purpose of influencing the results of the election2 +t shall also include the use of facilities personall' owned b' the candidate3 the mone' *alue of the use of which can be assessed based on the rates pre*ailing in the area2 Li&itations on e%pen#itures (Sec. .3, R.A. 7.66) The aggregate amount that a candidate or registered political part' ma' spend for an election campaign shall be as follows: 'or #andidates

Officials or emplo'ees in the Ci*il ,er*ice3 or members of the #rmed 1orces of the Philippines9 1oreigners and foreign corporations3 including foreign go*ernments2 ( Sec. ,6, :P --.) +t is unlawful for an' person to solicit or recei*e an' contribution from an' of the persons or entities enumerated2 Prohi3ite# raisin" of fun#s +t is unlawful for an' person to hold the following for the purpose of raising funds for an election campaign or for the support of an' candidate from the commencement of the election period up to and including election da': dances3 lotteries3 coc7fights3 games3 bo4ing bouts3 bingo3

President and <ice.President: P 78 for e*er' *oter currentl' registered Other Candidates: P . for e*er' *oter current registered in the constituenc' where he filed his certificate of candidac' Candidates Githout a Political Part': P J for e*er' *oter

'or Political Parties P ) for e*er' *oter currentl' registered in the constituenc' or constituencies where it has

31
official candidates Lawful e%pen#itures (Sec. .42, :.P. --.) Ao candidate or treasurer of a political part' shall3 directl' or indirectl'3 ma7e an' e4penditure e4cept for the following purposes: (a) 1or tra*eling e4penses of the candidates and campaign personnel in the course of the campaign and for personal e4penses incident thereto9 (b) 1or compensation of campaigners3 cler7s3 stenographers3 messengers3 and other persons actuall' emplo'ed in the campaign9 (c) 1or telegraph and telephone tolls3 postage3 freight and e4press deli*er' charges9 (d) 1or stationer'3 printing and distribution of printed matters relati*e to candidac'9 (e) 1or emplo'ment of watchers at the polls9 (f) 1or rent3 maintenance and furnishing of campaign head5uarters3 office or place of meetings9 (g) 1or political meetings and rallies and the use of sound s'stems3 lights and decorations during said meetings and rallies9 (h) 1or newspaper3 radio3 T< and other public ad*ertisements9 (i) 1or emplo'ment of counsel3 the cost of which shall not be ta7en into account in determining the amount of e4penditures which a candidate or political part' ma' ha*e incurred9 (j) 1or cop'ing and classif'ing list of *oters3 in*estigating and challenging the right to *ote of persons registered in the list9 such costs shall not be ta7en into account in determining the amount of e4penses which a candidate or political part' ma' ha*e incurred9 (k) 1or printing sample ballots in such color3 si-e and ma4imum number as ma' be authori-ed b' the CO> & C3 such costs not to be ta7en into account in determining the amount of e4penses which a candidate or political part' ma' ha*e incurred9 Persons authori'e# to incur e%pen#itures (Sec. .43, :.P. --.) Onl' the following persons are permitted b' law to ma7e an' e4penditure in support of or in opposition to an' candidate or political part': The candidate9 The treasurer of a political part'9 #n' person authori-ed b' such candidate or treasurer2

4penditures dul' authori-ed b' the candidate or the treasurer of the political part' shall be considered as e4penditures of such candidate or political part'2 The authorit' to incur e4penditures must: (1) be in writing9 (2) be signed b' the candidate or the treasurer of the part'9 (3) show the e4penditures so authori-ed9 (4) state the full name and e4act address of the person so designated9 and (5) be furnished the CO> & C2 Prohi3ite# #onations (Sec. .43, :.P. --.) Ao candidate3 his or her spouse or an' relati*e within the second ci*il degree of consanguinit' or affinit'3 or his campaign manager3 agent or representati*e shall during the campaign period3 on the da' before and on the da' of the election3 directl' or indirectl'3 ma7e an' donation3 contribution or gift in cash or in 7ind3 or underta7e or contribute to the construction or repair of roads3 bridges3 school buses3 puericulture centers3 medical clinics and hospitals3 churches or chapels cement pa*ements3 or an' structure for public use or for the use of an' religious or ci*ic organi-ation2 The same prohibition applies to treasurers3 agents or representati*es of an' political part'2 Aormal and customar' religious dues or contributions3 such as religious stipends3 tithes or collections on ,unda's or other designated collection da's3 as well as periodic pa'ments for legitimate scholarships established and school contributions habituall' made before the prohibited period3 are e4cluded from the prohibition2 -uties of can#i#ates an# political parties Accountin" of contri3utions an# e%pen#itures

32
8Sec. .45, :.P. --.) *er' person recei*ing contributions or incurring e4penditures b' authorit' of the candidate or treasurer of the part' shall3 on demand b' the candidate or treasurer of the part'3 render to the candidate or treasurer concerned a detailed account thereof with proper *ouchers or official receipts2 ,uch accounting must be gi*en within ) da's after recei*ing such contribution or incurring such e4penditure2 =eepin" of #etaile# recor#s of contri3utions an# e%pen#itures 0eeping of records *er' candidate and treasurer of the part' shall 7eep detailed3 full3 and accurate records of all contributions recei*ed and e4penditures incurred b' him and b' those acting under his authorit'3 setting forth therein all information re5uired to be reported2 (Sec. .46b, :.P. --.) )ssuance of receipt *er' candidate3 treasurer of the political part'3 and person acting under the authorit' of such candidate or treasurer has the dut' to: (1) issue a receipt for e*er' contribution recei*ed9 and (2) 7eep a receipt stating the particulars of e*er' e4penditure made2 reservation of records "ecords of contributions and e4penditures must be preser*ed for at least . 2ears after the holding of the election to which the' pertain3 for their production for inspection b' the CO> & C or its dul' authori-ed representati*e3 or upon presentation of a subpoena duces tecum dul' issued b' the CO> & C2 1ailure of the candidate or treasurer to preser*e such records or documents shall be deemed (rima facie e*idence of *iolation of this pro*ision of law2 (Sec. .46c, :.P. --.) Filin" of State&ent of Contri3utions an# E%pen#itures Dut. to fi"e Githin (0 da's after election da'3 the candidate and the treasurer of the political part' must file with the CO> & C duplicate copies of the full3 true and itemi-ed statement of all contributions and e4penditures in connection with the election2 7.66) ( Sec. .3, R.A.

This re5uirement to file the statement co*ers e*en those who withdrew as candidates after ha*ing filed their certificates3 because ,ec2 1% of "2#2 71$$ does not ma7e an' distinction2 (Pilar . #$%E&E#, 235 S#RA 75,) Dut. of e"ection registrar candidates of their dut. to advise

+t is the dut' of the cit' or municipal election registrar to ad*ise in writing3 either b' personal deli*er' or b' registered mail3 within ) da's from the election date3 all candidates to compl' with the obligation to file their statements2 (Sec. .3, R.A. 7.66) *orm and contents of statement The statement shall be in writing3 subscribed and sworn to b' the candidate or b' the treasurer of the part'3 shall be complete as of the date ne4t preceding the date of filing3 and shall set forth in detail the following: (a) the amount of contribution3 date of receipt3 and the full name and e4act address of the person from whom the contribution was recei*ed9 (b) the amount of e*er' e4penditure3 the date thereof3 the full name and e4act address of the person to whom pa'ment was made3 and the purpose of the e4penditure9 (c) an' unpaid obligation3 its nature and amount3 and to whom said obligation is owing9 and (d) such other particulars which the CO> & C ma' re5uire2 +f the candidate or treasurer of the part' has recei*ed no contribution3 made no e4penditure3 or has no pending obligation3 the statement shall reflect such fact2 (Sec. .4,, :.P. --.) Effect of *ai"ure to *i"e Ao person elected to an' public office shall enter upon the duties of his office until he has filed the statement of contributions and e4penditures2 (Sec. .3, R.A. 7.66) The same prohibition also applies if the political part' of the winning candidate fails to file the statement within the re5uired period 1ailure to file the re5uired statements or reports constitutes an administrati*e offense2 Offenders are liable to pa' an administrati*e fine ranging from P 13000200 to P (030002002 ,uch fine shall be paid within (0

33
da's from receipt of notice of such failure9 otherwise3 the CO> & C shall enforce the same b' issuing a writ of e4ecution against the properties of the offender2 The commission of a second or subse5uent offense under this section sub8ects the offender to an increased fine ranging from P /3000200 to P $030002003 and to a perpetual dis5ualification to hold office2 (Sec. .3, R.A. 7.66) E1ce(t5 office #andidates for electi e baran"a/ Prior to "2#2 71$$3 failure to compl' with the duties imposed b' ,ec2 10).11/ of B2P2 881 constituted election offenses that were punishable under #rt2 /$/ of B2P2 8812 Eowe*er3 ,ec2 (9 of "2#2 71$$ repealed the inclusion of said pro*isions as election offenses3 with such repeal to ha*e retroacti*e effect2 THE ELECTION PROPER IN GENERAL $hat constitutes an election #n election is constituted when there is a pluralit' of *otes sufficient for a choice conditioned on the pluralit' of *alid *otes or a *alid constituenc' regardless of the actuall' number of *otes cast2 Otherwise3 there would be no winner2 +t is not necessar' that a ma8orit' of *oters should ha*e elected the winning candidate2 *en if a candidate wins due to a minorit' *ote3 if the election is lawfull' held3 a pluralit' of the ma8orit' is sufficient2 Those who did not *ote are assumed to assent to the action of those who *oted2 Failure of elections $rounds for e"ections dec"aration of fai"ure of

Pilar *s+ CO)ELEC (/%) ,C"# 7)9! The ,upreme Court said that the re5uirement to file the statement co*ers e*en those who G+TE=" G as candidates after ha*ing filed their certificates because sec 1%3 "# 71$$ does not ma7e an' distinction2 -uties of contractors1 suppliers an# 3usiness fir&s Persons or firms to whom an' electoral e4penditure is made ha*e the dut' to: (a) "e5uire e*er' agent of a candidate or of the treasurer of a political part' to present written authorit' to incur electoral e4penditures in behalf of such candidate or treasurer2 (b) Reep and preser*e at its place of business for a period of . 2ears after the date of the election copies of such written authorit'3 contracts3 *ouchers3 in*oices and other records and documents relati*e to said e4penditures3 sub8ect to inspection b' the CO> & C or its authori-ed representati*e2 (c) 1ile with the CO> & C a report setting forth the full names and e4act addresses of the candidates3 treasurers of political parties and other persons incurring such e4penditures3 the nature or purpose of each e4penditure3 the date and costs thereof3 and such other particulars as the CO> & C ma' re5uire within .8 #a2s after the #a2 of the election+ The report shall be signed and sworn to b' the supplier or contractor3 or b' the president or general manager in case of a business firm2 (Sec. ..2, :.P. --.) Repeal of Sec+ 78J(77C of >+P+ AA7 as election offenses

+n the case of >ose(* Peter Sison . #$%E&E# 8A.R. !o. .334,6, %arc* 3, .,,,), the ,upreme Court said that there are onl' ( instances where a failure of elections ma' be declared3 namel': (1) The election in an' polling place has not been held on the date fi4ed on account of force ma=eure, *iolence3 terrorism3 fraud3 or other analogous causes9 (2) The election in an' polling place had been suspended before the hour fi4ed b' law for the closing of the *oting on account of force ma=eure, *iolence3 terrorism3 fraud3 or other analogous causes9 and (3) #fter the *oting and during the preparation and transmission of the election returns or in the custod' or can*ass thereof such election results in a failure to elect on account of force ma=eure3 *iolence3 terrorism3 fraud or other analogous causes2

34
The causes for the declaration of a failure of election ma' occur before or after the casting of *otes or on the da' of the election2 (Sec. 3, R.A. 7.66) 1o# dec"ared The declaration of a failure of election is decided b' the CO> & C en banc b' a ma8orit' *ote of its members2 ( Sec. 3, R.A. 7.66) Procedure for declaration of failure of elections s*all be discussed in t*e last (art of t*is re iewer. 1o"ding or continuation of e"ection The CO> & C shall call for the holding or continuation of the election on a date reasonabl' close to the date of the election not held3 suspended3 or which resulted in a failure to elect but not later than (0 da's after the cessation of the cause of such suspension or failure to elect2 (Sec. 6, :.P. --.) Postpone&ent of elections $rounds for postponement of e"ections #n election ma' be postponed b' the CO> & C either motu (ro(rio or upon a *erified petition b' an' interested part' when there is *iolence3 terrorism3 loss or destruction of election paraphernalia or records3 force ma=eure, or other analogous cause of such a nature that the holding of a free3 orderl' and honest election becomes impossible in an' political subdi*ision2 (Sec. 5, :.P. --.) 1o# dec"ared The declaration of a postponement of election is decided b' the CO> & C en banc b' a ma8orit' *ote of its members2 (Sec. 3, R.A. 7.66) 1o"ding of e"ection The CO> & C shall call for the holding of the election on a date reasonabl' close to the date of the election not held3 suspended3 or which resulted in a failure to elect but not later than (0 da's after the cessation of the cause for such postponement or suspension of the election or failure to elect2 (Sec. 5, :.P. --.) Special election (Sec. 3, R.A. 7.66) +n case a permanent *acanc' occurs in the ,enate or Eouse of "epresentati*es at least 1 'ear before the e4piration of the term3 the CO> & C shall call and hold a special election to fill the *acanc' not earlier than $0 da's nor longer than 90 da's after the occurrence of the *acanc'2 Eowe*er3 in case of such *acanc' in the ,enate3 the special election shall be held simultaneousl' with the succeeding regular election2 CASTING OF !OTES Secrec2 of the >allot The distinguishing feature of this mode of *oting3 is that e*er' *oter is thus enabled to secure and preser*e the most complete and *iolable secrec' in regard to the person for whom he *otes3 and thus escapes the influences which3 under the s'stem of oral suffrages3 ma' be brought to bear upon him with a *iew to o*erbear and intimidate3 and thus pre*ent the real e4pression of public sentiment2 # legal *oter will not be compelled to disclose for whom he *oted2 >oreo*er3 third persons are not permitted to testif' to its purport2 The *oter ma'3 howe*er3 if he chooses3 wai*e his pri*ilege of secrec' and *oluntaril' disclose the contents of his ballot2 Thus3 it was held in the case of A:S+#:! . #$%E&E# 8>anuar/ 2-, 2444) that e4it polls are *alid since the' are *oluntar' and do not re5uire a *oter to re*eal the contents of his or her ballot if he or she does not want to2 )etho# of *otin" !oter &ust *ote in person+ The *oter must personall' deposit his ballot2 B' the principle that what is done in oneBs presence and b' his e4press direction is3 in law3 his act3 an infirm or aged *oter ma' undoubtedl' emplo' another to perform the mechanical act of depositing in the *oterBs presence the ballot which the latter has himself selected2 !oter &ust *ote 3ut once+ ach *oter shall *ote but once3 at an' election3 for each office or measure to be *oted for2 !oter nee# not *ote the whole ticGet+

35
+t is entirel' optional with the *oter whether he will *ote at all or not3 and he ma' *ote for such offices as he chooses and for such of the se*eral persons to be chosen to the same office as he prefers2 the *oters list is to be prepared3 in the case of a regular election or 1) da's before a special election3 the CO> & C shall3 directl' or through its dul' authori-ed representati*es3 constitute a board of election inspectors for each precinct2 Composition The Board of lection +nspectors is composed of three ((! persons3 namel': chairman poll cler7 member

A3sentee !otin" ;nder "# 71$$3 absentee *oting as pro*ided for in O 1)7 shall appl' to the elections for President3 <ice.President3 and ,enators OA&O and shall be limited to: members of the #1P members of the PAP other go*ernment emplo'ees

officers

and

who are dul' registered *oters and who3 on election da'3 ma' temporaril' be assigned in connection with the performance of their election duties to places where the' are not registered *oters2 >locG !otin" There is no longer bloc7 *oting under current Philippine lection &aws3 ha*ing been e4pressl' prohibited b' #rt2 +P.C3 ,ec2 7 of the 1987 Constitution2 Eowe*er3 it must be noted that under the part'.list s'stem3 *otes ma' be counted in fa*or of political parties3 organi-ations or coalitions rendered under said s'stem2 This3 in a wa'3 ma' be construed as the e4ception to the prohibition on bloc7 *oting2 !otin" Hours C A "#& ";& : The casting of *otes shall be at 7 a2m2 and shall end at ( p2m2 PC PT+OA: Ghen there are *oters present within (0 meters in front of the polling place who ha*e not 'et cast their *otes3 in which case the *oting shall continue but onl' to allow said *oters to cast their *otes without interruption2 The poll cler7 shall prepare a complete list containing the names of said *oters consecuti*el' numbered3 and the *oters so listed shall be called to *ote b' announcing each name repeatedl' three times in the order in which the' are listed2 #n' *oter in the list who is not present when his name is called out shall not be permitted to *ote2 >oar# of Election Inspectors #t least (0 da's before the date when

The entire Board shall be composed of public school teachers3 priorit' to be gi*en to those with permanent appointments2 ( Sec. .63, :P --., as amended b/ Sec. .3, R.A. 6636) Eowe*er3 in case there are not enough public school teachers3 the following ma' be appointed for election dut': teachers in pri*ate schools9 emplo'ees in the ci*il ser*ice9 or other citi-ens of 7nown probit' and competence who are registered *oters of the cit' or municipalit'

2ua"ifications 1! public school teachers /! be of good moral character and irreproachable reputation (! a registered *oter of the Cit' or municipalit' %! ne*er been con*icted of an' election offense or an' other crime punishable b' more than $ months imprisonment )! able to spea7 and write nglish or the local dialect Disqua"ifications 1! must not be related within the % th ci*il degree b' consanguinit' or affinit' to an' member of the B + or to an' candidate to be *oted for in the polling places /! must not engage in an' partisan political acti*it' o#ers of the Board of )nspectors 8Sec. .6-, :P --.) E"ection

The board of election inspectors shall ha*e the following powers and functions: Conduct the *oting and counting of *otes in their respecti*e polling places9 #ct as deputies of the Commission in the super*ision and control of

36
the election in the polling places wherein the' are assigned3 to assure the holding of the same in a free3 orderl' and honest manner9 Perform such other functions prescribed b' the Omnibus lection Code or b' the rules and regulations promulgated b' the CO> & C prior authorit' from the Commission3 shall be entitled collecti*el'3 to appoint 1 watcher in polling place2 2ua"ifications3 1! Dualified *oter of the cit' or municipalit' /! Cood reputation (! Ae*er been con*icted of an' election offence or an' crime %! Rnows how to read and write nglish3 Pilipino or an' of the pre*ailing local dialects )! Aot related within the %th ci*il degree b' consanguinit' or affinit' to an' member of the B + in the polling place where he see7s appointment as watcher2 Rights and duties3 1! ,ta' in the space reser*ed for then inside the polling place /! Gitness and inform themsel*es of the proceedings of the B + (! Ta7e notes3 photographs of proceedings %! 1ile protests against an' irregularities or *iolation of law )! Be furnished with a certificate of the number of *otes cat for each candidate3 dul' signed and thumb mar7ed b' the members of the B +2 CASTING OF !OTES Authentication of the 3allot +n e*er' case3 before deli*ering official ballot to the *oter3 the chairman of Board of lection +nspectors shall affi4 signature at the bac7 of the ballot in presence of the *oter2 an the his the

roceedings ,hall be public and held onl' in the polling places2 E%ception5 the counting of the *otes and the preparation of the return ma' be done in the nearest safe barangga' or school building within the municipalit' BO unanimous *ote of the board and concurred in b' the ma8orit' of the watchers present +1 there is imminent danger of *iolence3 terrorism3 disorder or similar causes2 The B + shall act through its Chariman3 and shall decide without dela' b' ma8orit' *ote all 5uestions which ma' arise in the performance of its duties2 rohibitions on the )nspectors Board of E"ection

Ao member of the Board shall3 before the termination of the *oting3 ma7e an' announcement as to whether a certain registered *oter has alread' *oted or not3 as to how man' ha*e alread' *oted or how man' so far ha*e failed to *ote3 or an' other fact tending to show or showing the state of the polls3 nor shall he ma7e an' statement at an' time as to how an' person *oted3 e4cept as witness before a court2 (Sec. 245, :P --.) $atchers ach candidate and each political part' or coalition of political parties dul' registered with the Commission including those participating under the part' list s'stem of representation3 ma' appoint two watchers3 to ser*e alternatel'3 in e*er' polling place2 Eowe*er3 candidates for ,angguniang Panlalawigan3 ,angguniang &unsod and ,angguniang Ba'an3 belonging to the same tic7et or slate shall collecti*el' entitled to 1 watcher2 =ul' accredited citi-ensB arms of the Commission3 shall be entitled to appoint a watcher in e*er' polling place2 Other ci*ic3 religious3 professional3 business3 ser*ice3 'outh3 and other similar organi-ation3 with

1ailure to authenticate shall be noted in the minutes of the Board of lection +nspectors and shall constitute an election offense2 (Sec. 23, R.A. 7.66) There is nothing in the law that pro*ides that a ballot which has not been authenticated shall be deemed spurious2 The law merel' ma7es the Chairman of the Board of lection +nspectors accountable for such an omission2 (&ibanan . DRE2, A.R. !o. .2,7-3, ?ecember 22, .,,7) Thus3 it was held in Pun)alan . #$%E&E# 82-, S#RA 742) that the ballot is *alid e*en if it is not signed at the bac7 b' the B + Chairman2 Preparin" the 3allot an# *otin" (1! The *oter1 upon recei*in" his fol#e# 3allot1 shall forthwith procee# to one of the e&pt2 *otin" 3ooths an# shall

37
there fill his 3allot 32 writin" in the proper space for each office the na&e of the in#i*i#ual can#i#ate for who& he #esires to *ote+ Ao *oter shall be allowed: to enter a booth occupied b' another3 nor enter the same accompanied b' somebod'3 e4cept as pro*ided for in the succeeding section hereof9 to sta' therein longer time necessar' for a than (c) an' member of the board of election inspectors2 +n no case shall an assistor assist more than ( times2 The person assisting shall: prepare the ballot for the illiterate or disabled *oter inside the *oting booth9 bind himself in a formal document under oath to fill out the ballot strictl' in accordance with the instructions of the *oter and not to re*eal the contents of the ballot prepared b' him2 # *iolation of these / duties shall constitute an election offense2 S(oiled :allots +f a *oter should accidentall' spoil or deface a ballot in such a wa' that it cannot lawfull' be used3 he shall surrender it folded to the chairman who shall note in the corresponding space in the *oting record that said ballot is spoiled2 The *oter shall then be entitled to another ballot which the chairman shall gi*e him after announcing the serial number of the second ballot and recording the serial number in the corresponding spaces in the *oting record2 Ao *oter shall change his ballot more than once2 (Sec. .3, R.A. -336) The spoiled ballot shall3 without being unfolded and without remo*ing the detachable coupon3 be distinctl' mar7ed with the word 6spoiled6 and signed b' the board of election inspectors on the endorsement fold thereof and immediatel' placed in the compartment for spoiled ballots2 (/! After the *oter has fille# his 3allot he shall fol# it in the sa&e &anner as when he recei*e# it an# return it to the chair&an+

to spea7 with an'one other than as herein pro*ided while inside the polling place2

+t shall be unlawful: to prepare the ballot outside the *oting booth9 to e4hibit its contents to an' person to erase an' printing from the ballot to intentionall' tear or deface the same or put thereon an' distinguishing mar79 to use carbon paper3 paraffin paper3 or other means for ma7ing a cop' of the contents of the ballot9 to ma7e use of an' other means to identif' the *ote of the *oter2

Pre(aration of :allots for Illiterates and ?isabled Persons (Sec. .,6, :.P. --.) Ao *oter shall be allowed to *ote as an illiterate or as a ph'sicall' disabled unless it is so indicated in his registration record2 # *oter who is illiterate or ph'sicall' unable to prepare the ballot b' himself ma' be assisted in the preparation of his ballot b' the following: (a) a relati*e b' affinit' or consanguinit' within the fourth ci*il degree3 or (b) if (a! is not a*ailable3 then an' person of his confidence who belongs to the same household9 or

38
((! In the presence of all the &e&3ers of the 3oar# of election inspectors1 he shall affi% his thu&3&arG on the correspon#in" space in the coupon1 an# #eli*er the fol#e# 3allot to the chair&an+ (%! The chair&an1 in the presence an# *iew of the *oter an# all the &e&3ers of the 3oar# of election inspectors1 without unfol#in" the 3allot or seein" its contents1 shall *erif2 its nu&3er fro& the *otin" recor# where it was pre*iousl2 entere#+ #n' ballot whose number does not coincide with the number of the ballot deli*ered to the *oter3 as entered in the *oting record3 shall be considered as spoiled and shall be so mar7ed and signed b' the members of the board of election inspectors2 ()! The *oter shall affi% his thu&3&arG 32 the si#e of his si"nature in the space inten#e# for that purpose in the *otin" recor# an# the chair&an shall appl2 sil*er nitrate an# co&&assie 3lue on the ri"ht forefin"er nail or on an2 other a*aila3le fin"er nail1 if there 3e no forefin"er nail+ ($! The chair&an shall si"n in the proper space 3esi#e the thu&3&arG of the *oter+ Aote that the absence of the signature of the chairman in the ballot gi*en to a *oter as proof of the authenticit' of the ballot3 is fatal2 (7! The chair&an1 after fin#in" e*er2thin" to 3e in or#er1 shall then #etach the coupon in the presence of the 3oar# of election inspectors an# of the *oter an# shall #eposit the fol#e# 3allot in the co&part&ent for *ali# 3allots1 an# the #etache# coupon in the co&part&ent for spoile# 3allots+ #n' ballot returned to the chairman whose detachable coupon has been remo*ed not in the presence of the board of election inspectors and of the *oter3 shall be considered as spoiled and shall be so mar7ed and signed b' the members of the board of election inspectors2 (8! The *oter shall then #epart+ Challen"e of Ille"al !oters (Sec. .,,, :.P. --.) #n' *oter or watcher ma' challenge an' person offering to *ote for not being registered3 for using the name of another or suffering from e4isting dis5ualification2 +n such case3 the board of election inspectors shall satisf' itself as to whether or not the ground for the challenge is true b' re5uiring proof of registration or the identit' of the *oter2 Ao *oter shall be re5uired to present his *oterFs affida*it on election da' unless his identit' is challenged2 Eis failure or inabilit' to produce his *oterFs affida*it upon being challenged3 shall not preclude him from *oting if his identit' be shown from the photograph3 fingerprints3 or specimen signatures in his appro*ed application in the boo7 of *oters or if he is identified under oath b' a member of the board of election inspectors and such identification shall be reflected in the minutes of the board2 Cha""enge Based on Certain )""ega" (cts 8Sec. 244, :.P. --.) #n' *oter or watcher ma' challenge an' *oter offering to *ote on an' of the following grounds: that the challenged person has recei*ed or e4pects to recei*e3 has paid3 offered or promised to pa'3 has contributed3 offered or promised to contribute mone' or an'thing of *alue as consideration for his *ote or for the *ote of another9 that he has made or recei*ed a promise to influence the gi*ing or withholding of an' such *ote9 or that he has made a bet or is interested directl' or indirectl' in a bet which depends upon the result of the election2

The challenged person shall ta7e a prescribed oath before the board of election inspectors that he has not committed an' of the acts alleged in the challenge2 ;pon the ta7ing of such oath3 the challenge shall be dismissed and the challenged *oter shall be allowed to *ote3 but in case of his refusal to

39
ta7e such oath3 the challenge shall be sustained and he shall not be allowed to *ote2 -on4conc"usiveness of admission cha""enged vote 8Sec. 24., :.P. --.) of number of ballots found folded together3 if an'9 number of spoiled ballots withdrawn from the compartment for *alid ballots9 number of e4cess ballots9 number of mar7ed ballots9 number of ballots read and counted9 time the election returns were signed and sealed in their respecti*e special en*elopes9 number and nature of protests made b' watchers9 such other matters that the Commission ma' re5uire2

+t must be noted that the admission of the challenged *ote shall not be conclusi*e upon an' court as to the legalit' of the registration of the *oter challenged or his *ote in a criminal action against such person for illegal registration or *oting2 Recor#s or State&ents to 3e Prepare# an# =ept Record of Cha""enges and /aths The poll cler7 shall 7eep a prescribed record of challenges and oaths ta7en in connection therewith and the resolution of the board of election inspectors in each case and3 upon the termination of the *oting3 shall certif' that it contains all the challenges made2 The original of this record shall be attached to the original cop' of the minutes of the *oting as pro*ided in the succeeding section2 (Sec. 242, :.P. --.) 'inutes of !oting and Counting of !otes The board of election inspectors shall prepare and sign a statement in four copies setting forth the following: time the *oting commenced and ended9 serial numbers of the official ballots and election returns3 special en*elopes and seals recei*ed9 number of official ballots used and the number left unused9 number of *oters who cast their *otes9 number of *oters challenged during the *oting9 names of the watchers present9 time the counting of *otes commenced and ended9 number of official ballots found inside the compartment for *alid ballots9 number of *alid ballots retrie*ed from the compartment for spoiled ballots3 if an'9

Copies of this statement after being dul' accomplished shall be sealed in separate en*elopes and shall be distributed as follows: the original to the cit' or municipal election registrar9 the second cop' to be deposited inside the compartment for *alid ballots of the ballot bo49 the third and fourth copies to the representati*es of the accredited political parties2 (Sec. 243, :.P. --.)

,ist of 5nused Ba""ots The chairman of the board of election inspectors shall prepare a list showing the number of unused ballots together with the serial numbers2 This list shall be signed b' all the members of the board of election inspectors3 after which all the unused ballots shall be torn halfwa' in the presence of the members of the board of election inspectors2 (Sec. 243, :.P. --.) CO NTING OF !OTES The counting of *otes is conducted b' the Board of lection +nspectors3 which shall not ad8ourn or postpone or dela' the count until it has been full' completed3 unless otherwise ordered b' the CO> & C2 Countin" proper

40
Counting to )nterruption be ub"ic and Without election returns are mandated b' law to be prepared simultaneousl' with the counting of the *otes2! 5. #fter finishing the first pile of ballots3 the board of election inspectors shall determine the total number of *otes recorded for each candidate3 the sum being noted on the tall' board or sheet and on the election returns2 +n case of discrepanc' such recount as ma' be necessar' shall be made2 The ballots shall then be grouped together again as before the reading2 Thereafter3 the same procedure shall be followed with the second pile of ballots and so on successi*el'2 #fter all the ballots ha*e been read3 the board of election inspectors shall sum up the totals recorded for each candidate3 and the aggregate sum shall be recorded both on the tall' board or sheet and on the election returns2 +t shall then place the counted ballots in an en*elope pro*ided for the purpose3 which shall be closed signed and deposited in the compartment for *alid ballots2 The tall' board or sheet as accomplished and certified b' the board of election inspectors shall not be changed or destro'ed but shall be 7ept in the compartment for *alid ballots2

#s soon as the *oting is finished3 the board of election inspectors shall publicl' count in the polling place the *otes cast and ascertain the results2 The Board shall not ad8ourn or postpone or dela' the count until it has been full' completed3 unless otherwise ordered b' the CO> & C2 !enue for counting of votes The CO> & C in the interest of free3 orderl'3 and honest elections3 ma' order the board of election inspectors to count the *otes and to accomplish the election returns and other forms prescribed under the Omnibus lection Code in an' other place within a public building in the same municipalit' or cit'2 The public building shall not be located within the perimeter of or inside a militar' or police camp or reser*ation nor inside a prison compound2 +f it becomes necessar' to transfer the counting of *otes to a safer place on account of imminent danger of *iolence3 terrorism3 disorder or similar causes3 the Board of lection +nspectors ma' effect such transfer b' unanimous appro*al b' the Board and concurrence b' the ma8orit' of the watchers present2 (Sec. .-, R.A. 6636) 'anner of Counting !otes 1. The board of election inspectors shall unfold the ballots and form separate piles of one hundred ballots each3 which shall be held together with rubber bands3 with cardboard of the si-e of the ballots to ser*e as folders2 The chairman of the board of election inspectors shall ta7e the ballots of the first pile one b' one and read the names of candidates *oted for and the offices for which the' were *oted in the order in which the' appear thereon3 assuming such a position as to enable all of the watchers to read such names2 The chairman shall sign and affi4 his right hand thumbmar7 at the bac7 of the ballot immediatel' after it is counted2 The poll cler73 and the third member3 respecti*el'3 shall record on the election returns and the tall' board or sheet each *ote as the names *oted for each office are read2 (The

6.

7.

8.

2.

Duties of the Board of E"ection )nspectors in Counting the !otes The boardBs duties are confined to the conduct of the elections and the counting of *otes2 The board of election inspectors does not decide the eligibilit' of candidates3 and therefore has no authorit' to ignore the *otes for a candidate who has filled out his certificate of candidac' in the proper form2 Counting should be liberal to effectuate the will of the electorate2 <oters should not be disenfranchised for technical causes2 +t is the dut' of the board of election inspectors to issue a certificate of the number of the *otes recei*ed b' a candidate upon re5uest of the watchers2 #ll the members of

3.

4.

41
the board of election inspectors shall sign the certificate2 )arGe# >allots 'ar6ed ba""ots defined >ar7ed ballots are ballots containing a distinguishing mar7 which would tend to identif' the *oter who cast such ballot2 urpose of Disa""o#ing 'ar6ed Ba""ots ,ome unscrupulous persons ta7ing ad*antage of their influence or political prestige ma' re5uire *oters to place a distinguishing ?mar7@ on their ballot3 in consideration of some promise3 reward or other *aluable consideration and to which the *oters would ha*e no escape because of the distinguishing mar7s re5uired of them to place on their ballots2 This threatens the independence of the *oters in the e4ercise of their right to *ote2 Eence3 the prohibition on mar7ed ballots2 Effect of 'ar6ed Ba""ots >ar7ed ballots are in*alidated in their entiret'3 and none of the *otes therein are counted2 Determination of 'ar6ed Ba""ots +n discounting mar7ed ballots3 great care should be used in re8ecting them2 lection laws are designed to effectuate the will of the electorate2 Onl' in an unmista7able case where the ballot appeared to be mar7ed3 should it be re8ected2 The determinati*e factor in the nullification of ballots for being mar7ed as following a design or pattern3 is the e4istence of e*idence aliunde tending to show the intention or purpose in the use of the contested manner or means of *oting3 which is to identif' the ballots2 +n the absence of e*idence aliunde clearl' showing the intention or plan was for purposes of identification3 signs on ballots are presumed accidental2 # ma8orit' *ote of the board of election inspectors shall be sufficient to determine whether a ballot is mar7ed or not2 #ll mar7ed ballots shall be placed in an en*elope labeled 6mar7ed ballots6 which shall be sealed and signed b' the members of the board of election inspectors and placed in the compartment for *alid ballots and shall not be counted2 )nstances of 'ar6ed Ba""ots Aon.official ballots which the board of election inspectors ma' find3 E7CE T those #hich have been used as emergenc. ba""ots3 are considered as mar7ed ballots2 Other e4amples of mar7ed ballots include the following: Ghere 170 ballots were *oted for in the same manner and there is e*idence aliunde to pro*e that such manner of *oting was planned2 Ghere the name of 1 candidate is clearl' and mar7edl' indented to the right to ma7e the ballot easil' distinguishable2 ;se of two or more 7inds of writing deliberatel' put b' the *oter to ser*e as identification mar7s2 Griting the name of a person who is not a candidate ( times on ( spaces pro*ided for in different offices2 4pressions opposite the space for candidates written for the purpose of identification2 The inclusion of the names of / well. 7nown mo*ie stars who were not candidates2 Griting the name of a registered *oter who is not a candidate2 The placing3 without e4planation of initials3 after the corrected names of candidates for ma'or and *ice.ma'or2 Placing a big letter ?P@ immediatel' after the name of a candidate for councilor2 The capital letter ?A@ opposite printed words for senators2 the

Griting the word ?sinador@ in a place far and separate from the proper spaces for candidates2 Griting impertinent3 irrele*ant unnecessar' e4pression Placing the fingerprint without reason2 of the and

*oter

The presence of an arrow together with the words ?and part'@2

)nstances #hen Ba""ot is not Considered 'ar6ed The following ballots ha*e been considered AOT mar7ed:

42
Griting the word ?sorr'@ after the name of a candidate as an e4pression of regret for committing a mista7e2 Canceling names and re.writing them to conform with a sample ballot2 >isspelling the name of a candidate2 +llegible writings3 being imprints of other names written on the ballot caused b' the folding of the same2 Griting crosses and circles signif'ing the desistance of the *oter to write an' other name2 Griting a word before the name of a candidate as an appellation of affection or friendship2 #ffi4ing the nic7name of a candidate2 +nnocent erasures in the spaces for the candidates2 Corrected name written o*er the canceled one on the space for councilor although he is a candidate for ma'or2 >ista7es in writing names of local candidates in spaces for senators and writing again the names of his candidates for councilors in the proper spaces2 ;nintentional3 accidental3 unintelligible mar7s or words2 #ccidental placing of a stain2 <oting names of non.candidates in the absence of e*idence that these names were used as identif'ing mar7s2 Appreciation of >allots $uiding Ba""ots rincip"es in the (ppreciation of B(,,/T *alidit' of the ballot where the intention of the *oter to *ote for certain persons is discernible in the ballot2 rrors in spelling3 honest mista7es due to ignorance or illiterac' should not defeat the intention of the *oter2 Eowe*er3 if the ballot is so defecti*e as to fail to show an' intention3 it must be disregarded2 Sanche' *s+ CO)ELEC ( 1)( ,C"# $7! #ppreciation of ballots is a function of the B +3 not the Board of Can*assers2 >autista *s+ Castro ( /0$ ,C"# (0)! +n appreciating a ballot3 the ob8ect should be to ascertain and carr' into effect the intention of the *oter if it can be determined with reasonable certaint'2 Ru"es for (ppreciation of Ba""ots 2.., :P --.) (Sec.

*er' ballot shall be P" ,;> = <#&+= ;A& ,, there is clear and good reason to re8ect it2 1/W C / 5 T E D

Ballots containing the name of a candidate affi4ed thereto through an' > CE#A+C#& process Ballot clearl' appears to ha*e been 1+&& = b' / =+11 " AT P ",OA, before deposited in ballot bo4 Ballot written with C"#OOA3 & #= P AC+& or +AR3 wholl' or in part +A+T+#&, onl' or +&& C+B& or does AOT sufficientl' identif' the candidate for whom it is intended <ote for a person who has not filed a certificate of candidac' or in fa*or of a candidate for an office for which he did not present himself <ote for a candidate who has been dis5ualified b'

Totall' <O+=

Totall' <O+=

<alid Considered as a ,T"#O *ote B;T shall AOT in*alidate the whole ballot Considered as a ,T"#O *ote B;T shall AOT in*alidate the whole ballot Considered as a ,T"#O *ote but

=O;BT, are to be resol*ed in 1#<O" of the *alidit' of ballots2 The purpose is of election laws is to gi*e effect and not to frustrate the G+&& of the *oter2 &+B "#& COA,T";CT+OA in reading the ballots3 and intendments should be in fa*or of a reading which render the ballot 11 CT+< rather than in fa*or of a conclusion which on some technical grounds would render it ineffecti*e2 >inor blemishes should not affect the

43
final 8udgment Onl' candidatesB 1+",T A#> or ,;"A#> is written3 and there is AO other candidate with the same first name or surname for the same office Onl' candidatesB 1+",T A#> is written which when read has a ,O;A= ,+>+&#" to the ,;"A#> of another candidate +f there are / or more candidates with the ,#> 1;&& A#> 3 1+",T A#> or ,;"A#> 3 and one of them is the +AC;>B AT3 and on the ballot is written OA&O such full name3 first name or surname Goman candidate uses her >#+= A A#> or >#""+ = A#> or BOTE3 and there is another candidate with the ,#> ,;"A#> shall not in*alidate the whole ballot 1+",T A#> of the candidate and the other is the ,;"A#> of his opponent Aame or surname +ACO"" CT&O G"+TT A which when " #= has a ,O;A= ,+>+&#" to the name or surname of a candidate when correctl' written (Idem sonans rule) either

<ote for candidate *alid

the is

<ote counted in fa*or of such a candidate

<ote counted in fa*or of the candidate with such ,;"A#>

<ote shall be counted for the candidate for the office for which he is running for2 Aame or surname of a candidate appears in the space of the ballot for an office for which he is a candidate and for an office for which he is AOT a candidate <ote for the office for which he is AOT a candidate shall be considered a ,T"#O *ote PC PT when it is used to identif' the *oter in which case the whole ballot is <O+=2

<ote counted for the +AC;>B AT

# ballot bearing onl' such surname shall be counted in fa*or of the candidate who is an +AC;>B AT2 <ote shall AOT be counted for an' of them ;A& ,, one is the surname of the incumbent who has ser*ed for at least 1 'ear : counted for the +AC;>B AT

/ or more words are written on the ,#> &+A on the ballot3 and #&& of which are the ,;"A#> , of / or >O" C#A=+=#T ,

Aame of a candidate is AOT written in the P"OP " ,P#C on the ballot but is P" C = = b' the name of the O11+C for which he is a candidate Gords written on the #PP"OP"+#T B&#AR on the ballot is the += AT+C#& A#> or ,;"A#> or 1;&& A#> of / or >O" candidates for the ,#> O11+C 3 none of whom is the incumbent P" 1+P , such as 6,r263 6>r263 6=atu63 6=on63 6Cinoo63 6Eon263 6Cob26 or ,;11+P , li7e 6Ei8o63 6Kr263 6,egundo6

<ote counted for the candidate

/ or more words are written on =+11 " AT &+A , on the ballot3 #&& of which are the ,;"A#> , of / >O" C#A=+=#T , bearing the same surname for an O11+C of r which the law authori-es the election of >O" TE#A OA and there are the ,#> A;>B " of such ,;"A#> , written as there are candidates with that surname 1 word is written on the ballot which is the 1+",T A#> of a candidate and which is also the ,;"A#> of his opponent / words written on the ballot3 1 of which is the

<ote counted in fa*or of #&& C#A=+=#T , bearing the surname

<ote counted in fa*or of that candidate to whose tic7et belong all the other candidates *oted for in the same ballot for the same constituenc'2 P" 1+P , ,;11+P , *alid #A= are

<ote counted for the OPPOA AT (,;"A#> ! <ote shall AOT be counted for

C+"C& ,3 C"O,, ,3 &+A , on spaces which the *oter has not *oted

Considered as signs of his desistance from *oting and shall AOT in*alidate the ballot <ote counted for the one C& #"&O G"+TT A

,pace in the ballot appears a A#> of a candidate that is "#, = and another

44
C& #"&O G"+TT A #CC+= AT#& tearing perforation of the ballot 1ailure to = T#CE#B& the ballot or ,hall AOT annul it ,hall AOT annul the ballot / or more candidates are *oted for an office which the law authori-es election of onl' OA considered *alid for other candidates <ote AOT counted in fa*or of an' of them B;T the ballot is considered *alid for other candidates <alid ballot B;T the *otes counted are those names which were 1+",T G"+TT A b' the *oter until the authori-ed number is co*ered <#&+= (to read such ballots3 the board of election inspectors can use an interpreter who has shall ta7en an oath to read them correctl'!

remo*e the CO;POA from

rroneous initial of 1+",T A#> accompanied b' CO"" CT ,;"A#> of the candidate rroneous initial of ,;"A#> accompanied b' CO"" CT 1+",T A#> of the candidate rroneous >+==& +A+T+#& The fact that there e4ists another person who is AOT a candidate with the same first name or surname of a candidate CO>>#,3 =OT,3 EOPE A, between the first name and surname of the candidate or on other parts of the ballot Traces of letter ?T@ or ?K@ or similar ones 1irst letters or s'llables of names which the *oters does not continue ;A+AT AT+OA#& or #CC+= AT#& flourishes3 stro7es3 strains

,hall AOT annul the *ote

,hall AOT annul the *ote ,hall AOT annul the *ote

Candidates *oted for PC = the number of those to be elected

,hall AOT annul the *ote

,hall AOT in*alidate the ballot ;A& ,, it clearl' appears that the' were deliberatel' put b' the *oter as += AT+1+C#T+OA mar7s in which case3 the ballot is <O+=

Ballots totall' written in #"#B+C in localities where it is of C A "#& ;,

Aote that a *ote for the President is no longer considered a *ote for the <ice.President running under the same tic7et as the 1987 Constitution alread' prohibits bloc7 *oting2 (Alt*ou"* t*e (art/+list s/stem ma/ be deemed as an e1em(tion to t*at (ro*ibition.) Election Returns

A+CRA#> , and #PP &#T+OA, of affection and friendship accompanied b' the 1+",T A#> or ,;"A#> of the candidate

,hall AOT annul the *ote PC PT when such is used to identif' the *oter in which case3 the whole ballot is <O+= <ote counted for the candidate +1 there is no other candidate for the ,#> O11+C with the ,#> A+CRA#> <ote AOT counted in fa*or of an' candidate ha*ing such first name B;T the ballot is

Definition The election returns are the official document containing the date of the election3 the pro*ince3 municipalit' and the precinct in which it is held3 and the *otes recei*ed b' each candidate written in figures and in words2 +t is the document on which the Certificates of Can*ass are based3 and is the onl' document that constitutes sufficient e*idence of the true and genuine results of the elections2 ( See Aara/ . #$%E&E#, 26. S#RA 222) -umber of Copies and Their Distribution (Sec. 27, R.A. 7.66, as amended b/ R.A. -435 and R.A. -.73) The board of election inspectors shall prepare in their handwriting the returns in their polling places3 in the number of copies herein pro*ided and in the form to be prescribed and

A+CRA#> used is one b' which the candidate is generall' or POP;&#"&O RAOGA in the localit' and ;A#CCO>P#A+ = b' a first name or surname of the candidate CO"" CT&O written 1+",T A#> of the candidate with a =+11 " AT ,;"A#>

45
pro*ided b' the CO> & C2 +n the election of President3 <ice. President3 ,enators3 and >embers of the Eouse of "epresentati*es3 the copies of the election returns shall be distributed as follows: 1st Cop': Cit' or municipal board of can*assers /nd Cop': Congress3 directed to the ,enate President (rd Cop': CO> & C %th Cop': =ominant ma8orit' part'3 as determined b' the CO> & C )th Cop': =ominant minorit' part'3 as determined b' the CO> & C $th Cop': Citi-ensF arm authori-ed b' the CO> & C to conduct an unofficial count 7th Cop': =eposited inside the compartment of the ballot bo4 for *alid ballots +n the election of local officials3 the copies of the election returns shall be distributed as follows: 1st Cop': /nd Cop': (rd Cop': %th Cop': Cit' or municipal board of can*assers CO> & C Pro*incial board of can*assers =ominant ma8orit' part'3 as determined b' the CO> & C )th Cop': =ominant minorit' part'3 as determined b' the CO> & C $th Cop': Citi-ensF arm authori-ed b' the CO> & C to conduct an unofficial count 7th Cop': =eposited inside the compartment of the ballot bo4 for *alid ballots Announce&ent of Results of Elections The chairman of the Board of lection +nspectors shall ma7e an O"#& and P;B&+C #AAO;AC > AT of the TOT#& number of *otes in the polling place for #CE candidate b' the upon the completion of the election returns2 Issuance of the Certificate of !otes Certificate of votes defined The certificate of *otes is a document which contains the number of *otes obtained b' each candidate written in words and figures3 the number of the precinct3 the name of the cit' or municipalit' and pro*ince3 the total number of *oters who *oted in the precinct3 and the date and time issued2 +t must be signed and thumb mar7ed b' each member of the Board2 (Sec. .6, R.A. 6636) Dut. of Board to issue certificate +t is the dut' of the board of election inspectors to issue a certificate of the number of the *otes recei*ed b' a candidate upon re5uest of the dul'.accredited watchers2 ( Sec. .6, R.A. 6636) "efusal to do so constitutes an election offense2 (Sec. 27, R.A. 6636) (dmissibi"it. in evidence The certificate of *otes is admissible in e*idence to pro*e tampering3 alteration3 falsification or an' anomal' committed in the election returns concerned3 when dul' authenticated b' testimonial or documentar' e*idence presented to the Board of Can*assers b' at least / members of the Board of lection +nspectors who issued the certificate2 This is notwithstanding the pro*isions of ,ecs2 /() and /($ of BP 8812 The Certificate of <otes is e*idence li7ewise of the *otes obtained b' the candidates2 (:alindon" . #$%E&E#, 27 S#RA 567) Eowe*er3 it was held in the case of Aara/ . #$%E&E# 826. S#RA 222) that a Certificate of <otes can ne*er be a *alid basis for can*ass3 and does not constitute sufficient e*idence of the true and genuine results of the elections9 onl' election returns are2 1ailure to present an' certificate of *otes shall be a bar to the presentation of other e*idence to impugn the authenticit' of the election returns2 (Sec. .7, R.A. 6636) CAN!ASS Can*ass an# Certificate of Can*ass #efine# The can*ass of *otes refers to the process b' which the results in the election returns are tallied and totaled2 Certificates of can*ass are official tabulations of *otes accomplished b' district3 municipal3 cit' and pro*incial can*assers based on the election returns3 which are the results of the ballot count at the precinct le*el2 Nature of can*ass procee#in"s Can*ass proceedings administrati*e and summar' in nature2 are

# ma8orit' *ote of all the members of the board shall be necessar' to render a decision2 (,ec /)) BP 881! #n' registered political part'3 coalition of parties3 through their representati*es3 and an' candidate has a right to be present and to counsel during the can*ass of election returns2 The' shall ha*e the right to e4amine the returns being can*assed without touching

46
them3 to ma7e their obser*ations thereon3 and file their charges in accordance with the rules and regulations of the CO> & C2 ( sec /)3 "# $$%$! +t shall be unlawful for an' officer or member of the #1P3 including the national police3 or an' peace officer or an' armed or unarmed persons belonging to an e4tra.legal police agenc'3 special forces3 reaction forces3 stri7e forces3 home defense forces3 baranga' self defense units3 etc2 to enter the room where the can*assing of the election returns are held3 and within a radius of )0 meters from such room2 ( sec /(/3 BP881! Gran# Alliance for -e&ocrac2 CO)ELEC 6 7J8 SCRA EEJ9 *s+ that written ob8ections ( to the returns! be filed onl' during this stage3 because it is onl' at this time that the inclusion or e4clusion of an' return is in issue9 mere allegations of duress3 coercion3 fraud3 can not in*alidate the election returns which are otherwise clean on their face2 )astura *s+ CO)ELEC (/8) ,C"# %9(! The CO> & C ma' order the annulment of the certificate of can*ass which it found to be tampered after e4amining the copies of the election returns of the municipal 8udge and CO> & C : because all the copies of the election returns are original copies although the cop' of the >unicipal Board of Can*assers is the original cop'2 ,ec 1) "# 71$$3 does not specif' that the CO> & C shall use the cop' of the election return of the >unicipal Board of Can*assers in correcting a manifest error2 Co&position of the >oar# of Can*asser

Ghere it has been determined b' the CO> & C that actual *oting and election b' the registered *oters had ta7en place3 the election returns can not be disregarded and e4cluded : with the corresponding disenfranchisement of *oters : but must be accorded prima facie status as bona fide reports of the result of the *oting for can*assing and proclamation purposes2 The summar' nature of the proceedings re5uire R/!)-C)(, Chairman Pro*incial election super*isor or law'er in the regional office of the CO> & C

(Sec. 22., :P --., as amended b/ Sec. 24, RA 6636) C)T8 '5-)C) (, lection registrar or a representati*e of CO> & C

Cit' election registrar or a law'er of CO> & C9 +n cities with more than 1 election registrar3 CO> & C shall designate the election registrar who shall act as chairman cit' fiscal cit' superintendent schools of

<ice Chair >ember

pro*incial fiscal pro*incial of schools superintendent

municipal treasurer most senior district school super*isor or in his absence a principal of the school district or the elementar' school

Eowe*er3 in case of non.a*ailabilit'3 absence3 dis5ualification due to relationship3 or incapacit' for an' cause of an' of the

members of the Board of Can*assers3 the CO> & C ma' appoint the following as substitutes3 in the order named:

R/!)-C)(, Chairman "an7ing law'er CO> & C of the

C)T8 "an7ing law'er CO> & C of the

'5-)C) (, "an7ing law'er CO> & C of the

<ice Chairman

(1!Pro*incial auditor (/!"egistrar of =eeds ((!Cler7 of Court nominated b' the

(1!Cit' auditor or e5ui*alent9 (/!"egistrar of =eeds9 ((!Cler7 of Court

(1!>unicipal #dministrator9 (/!>unicipal #ssessor9 ((!Cler7 of Court nominated b' the

47
4ecuti*e Kudge of the "TC9 (%!#n' other a*ailable appointi*e pro*incial official >ember ,ame as for <ice.Chairman nominated b' the 4ecuti*e Kudge of the "TC9 (%!#n' other a*ailable appointi*e cit' official ,ame as for <ice.Chairman 4ecuti*e Kudge of the >TC9 (%!#n' other a*ailable appointi*e municipal official ,ame as for <ice.Chairman

When 'inisteria" Prohi3itions on the >oar# of Can*assers The chairman and the members of the Board of Can*assers shall not be related within the %th ci*il degree of consanguinit' or affinit' to an' of the candidates whose *otes will be can*assed b' said board3 or to an' member of the said board2 (Sec. 222, :.P. --.) Ao member or substitute member of the different boards of can*assers shall be transferred3 assigned or detailed outside of his official station3 nor shall he lea*e said station without prior authorit' of the CO> & C during the period beginning election da' until the proclamation of the winning candidates2 (Sec. 223, :.P. --.) Ao member of the board of can*assers shall feign illness in order to be substituted on election da' until the proclamation of the winning candidates2 1eigning of illness constitutes an election offense2 (Sec. 223, :.P. --.) +f there are no irregularities in the election returns3 the dut' of the Board in can*assing the *otes on the election returns submitted to it consists in the simple matter of arithmetic2 Once the CO> & C or the board of can*assers is satisfied in the authenticit' of the returns3 it has no power to loo7 be'ond the face thereof3 and its tas7 of tall'ing is merel' ministerial2 Ghen there is an error in the computation which is disco*ered after proclamation3 the board of can*assers can simpl' correct the error9 the remed' being purel' administrati*e2 When 2uasi4Judicia" The board of can*assers must be satisfied that the election returns submitted to it are genuine and authentic2 Thus3 the board of can*assers will not be compelled to can*ass the returns when the' are found to be: ob*iousl' manufactured9 contrar' to probabilities9 clearl' falsified9 or not legible Can*ass 32 the >oar# (Sec. 23., :.P. --.) The Board of Can*assers must meet not later than $:00 p2m2 on election da' to recei*e the election returns and can*ass those recei*ed2 The Board of Can*assers must meet continuousl' from da' to da' until the can*ass is completed2 The Board of Can*assers ma' ad8ourn OA&O for the purpose of awaiting other election returns2 Ghen it ad8ourns3 it shall ma7e a total of all *otes can*assed so far for each candidate for each office furnishing the CO> & C in >anila a certified cop' and to ma7e a*ailable copies to the media and other interested parties2 The Board of Can*assers must resume can*assing once more returns are recei*ed2 The can*ass proceedings must be open and in public2 # ma8orit' *ote of all the members of the Board of Can*assers is needed in order to render a decision2 eriod to Comp"ete Canvass

<uris#iction of CO)ELEC o*er the >oar# of Can*assers CO> & C has direct control and super*ision o*er the board of can*assers2 #n' member of the Board ma'3 at an' time3 be relie*ed for cause and substituted motu (ro(io b' the CO> & C2 (Sec. 227, :.P. --.) CO> & C has the power to in*estigate and act on the propriet' or legalit' of the can*ass of election returns made b' the board of can*assers2 Nature of the >oar# of Can*assersK -uties # can*assing boardFs tas7 is to compile and add the results as the' appear in the election returns transmitted to it2 (Auiao . #$%E&E#, .37 S#RA 366) The CO> & C shall ha*e direct control and super*ision o*er the board of can*assers2 =uring the can*ass3 the Board of Can*assers prepares the ,tatement of <oters3 which is tabulation per precinct of the *otes obtain b' the candidates as reflected in the election returns2 +t is this ,tatement of <otes which forces the basis of the certificate of can*ass and of the proclamation2

,ub8ect to reasonable e4ceptions3 the Board of Can*assers is re5uired to complete their can*ass within the following periods:

P"OC&#>#T+OA C"#BB+AC and against attempts to paral'-e the can*assing and proclamation2 To allow a respondent to raise belated 5uestions before the CO> & C as to the returns during the re*iew of a case before the CO> & C3 which 5uestion has not been raised before the board of can*assers3 would mean undue dela's in the pre.proclamation proceedings2 The ,upreme Court can re*iew the decisions of CO> & C OA&O in cases of gra*e abuse of discretion in the discharge of D;#,+. K;=+C+#& POG ", and not in the e4ercise of its administrati*e duties2 Conc"usiveness of findings The findings of the board of can*assers and the certificate of election issued b' them are not conclusi*e but are merel' P"+># 1#C+ e*idence of the result and title to the office of those declared elected2 #s to all other collateral matters3 the findings of the board are conclusi*e2 Eowe*er3 such findings are not conclusi*e in a direct proceeding to tr' title to the office2 The fact of ha*ing a pluralit' of *otes lawfull' cast is what confers title to the office ;A& ,, one is allowed to go behind the certificate or returns to establish title to the office before the appropriate tribunal2

legislati*e district: ($ hours

slati*e district: %8 hours

#n' *iolation of this re5uirement is an election offense2 (Sec. 23., :.P. --.) Canvassing Committees 6636) (Sec. 22, R.A.

The Board of Can*assers ma' constitute such number of can*assing committees as ma' be necessar' for the board to complete the can*ass within the period prescribed2 ach committee shall be composed of ( members3 each member to be designated b' the chairman and members of the board2 Before the election3 all candidates shall be notified in writing of the number of committees to be constituted so that the' can designate their watchers in each committee2 The committees shall be under the direct super*ision and control of the board2 rincip"es governing canvass proceedings There must be a strong prima facie case bac7ed up b' a specific offer of e*idence3 and an indication of its nature and importance has to be made out to warrant the reception of e*idence aliunde3 for the presentation of witnesses and the dela's necessaril' entailed thereb'2 Ghen CO> & C has determined after in*estigation and e4amination of the *oting and registration records that #CT;#& <OT+AC and & CT+OA too7 place in the 5uestioned precincts3 election returns cannot be disregarded but are accorded prima facie status as bona fide reports of the result of *oting for can*assing and proclamation purposes2 CO> & C
>OC >unicipal

should

guard

against
C(-!(%% PREPARE CERTIFICATE OF CAN!ASS President R/C,()'

Duties of the

rovincia"& Cit.& District and 'unicipa" Board of Canvassers (Sec. 2-, R.A. 7

President

lected >unicipal Officia

 <ice.President ,enators Congressmen Cit' : cities which donBt comprise at least legislati*e district lecti*e Pro*incial Officials lecti*e >unicipal Officials

<ice.President ,enators Congressmen lecti*e Pro*incial Officials lected Cit' Officials

President <ice.President ,enators Congressmen lecti*e Pro*incial Officials lecti*e Cit' Officials

President <ice.President ,enators Congressmen lecti*e Pro*incial Officials

Cit' : cities comprising 1 or more legislati*e districts

President <ice.President ,enators Congressmen lecti*e Cit' Officials

President <ice.President ,enators

Congress.men lected Cit' Officials

=istrict BOC : for each municipalit' in >etro >anila comprising a legislati*e district

President <ice.President ,enators Congressmen lecti*e >unicipal Officials

President <ice.President ,enators

Congress.men

lected >unicipal Officia

>unicipal BOC : for each component municipalit' in a legislati*e district in >etro >anila

President <ice.President ,enators Congressmen lecti*e >unicipal Officials President <ice.President ,enators Congressmen

President <ice.President ,enators Congressmen President <ice.President ,enators

lected >unicipal Officia

=istrict BOC : in each legislati*e district comprising / municipalities in >etro >anila

lected Congressmen in &egislati*e =istrict

Pro*incial

President <ice.President ,enators Congressmen lecti*e Pro*incial Officials Plebiscite "esults

President <ice.President ,enators

lected congressmen Plebiscite "esults

lected Pro*incial Officia

Preparation of the Certificate of Can*ass an# State&ent of !otes Certificate of canvass The respecti*e board of can*assers shall prepare a certificate of can*ass dul' signed and affi4ed with the imprint of the thumb of the right hand of each member3 supported b' a statement of the *otes recei*ed b' each candidate in each polling place and3 on the basis thereof3 shall proclaim as elected the returns9 its preparation is an administrati*e function of the board3 purel' a mechanical act o*er which CO> & C has direct control and

candidates who obtained the highest number of *otes cast in the pro*ince3 cit'3 municipalit' or baranga'2 (Sec. 23., :.P. --.) 1ailure to compl' with this re5uirement shall constitute an election offense2 %tatement of votes The statement of *otes is a tabulation per precinct of *otes garnered b' candidates as reflected in the election super*ision2 The ,tatement of <otes supports the

certificate of can*ass and is the basis of proclamation2 Conse5uentl'3 an' error in the ,tatement of <otes would affect the proclamation made on the basis thereof2 1ailure to ob8ect to the ,tatement of <otes before the Board of Can*assers does not constitute a bar to raising the issue for the first time before the CO> & C3 as the law is silent as to when such ob8ection ma' be raised2 -umber of Copies of the Certificates of Canvass and Their Distribution (Sec. 2,, R.A. 7.66) Cit2 or )unicipal >oar# of Can*assers5 The Cit' or >unicipal Board of Can*assers shall prepare the certificates of can*ass for President3 <ice.President3 ,enators3 >embers of the Eouse of "epresentati*es3 and lecti*e Pro*incial Officials in 7 copies to be distributed as follows: 1st cop': Pro*incial board of can*assers : for can*assing of election results for President3 <ice. President3 ,enators3 >embers of the Eouse of "epresentati*es and lecti*e Pro*incial Officials CO> & C To be 7ept b' the chairman of the board of can*assers Citi-ensF arm designated b' the CO> & C to conduct media. based unofficial count

1st cop':

Congress3 directed to the ,enate President for use in the can*ass of election results for President and <ice.President CO> & C3 for use in the can*ass of the election results for ,enators To be 7ept b' the chairman of the board of can*assers Citi-ensF arm designated b' the CO> & C to conduct media. based unofficial count

/nd cop':

(rd cop': %th cop':

)th to 7th copies: "epresentati*es of an' ( of $ ma8or political parties according to the *oluntar' agreement of the parties9 if there is no agreement3 CO> & C shall decide based on the criteria under sec2 /$ of "# 71$$ Con"ress as the National >oar# of Can*assers (Sec. 34, R.A. 7.66) Congress shall determine the authenticit' and due e4ecution of the certificate of can*ass for President and <ice President as accomplished and transmitted b' the local board of can*assers3 on a showing that: (1) ach certificate was e4ecuted3 signed and thumb mar7ed b' the chairman and members of the board of can*assers and transmitted to Congress b' them9 ach certificate contains the names of all the candidates for President3 <ice. President3 and their corresponding *otes in words and in figures9 and

/nd cop': (rd cop': %th cop':

)th to 7th copies: "epresentati*es of an' ( of $ ma8or political parties according to the *oluntar' agreement of the parties9 if there is no agreement3 CO> & C shall decide based on the criteria under sec2 /$ of "# 71$$ Cit2 >oar#s of Can*assers of cities co&prisin" one or &ore le"islati*e #istricts1 Pro*incial >oar#s of Can*assers1 an# -istrict >oar#s of Can*assers in the )etro )anila area5 The foregoing Boards of Can*assers shall prepare the certificates of can*ass for President3 <ice.President and ,enators in 7 copies to be distributed as follows:

(2)

(3) There e4ists no discrepanc' in other authentic copies of the certificate or in the *otes both in words and figures in the same certificate2 Comp"etion of the Certificate of Canvass +f the certificate of can*ass appears to be incomplete3 the ,enate President shall re5uire the board of can*assers concerned to T"#A,>+T (b' personal deli*er' within / da's from notice! the election returns from the polling places that were not included in the certificate of can*ass and supporting

statements2 Ghen there appear erasures or alterations in the certificate of can*ass which ma' cast doubt as to the *eracit' of the number of *otes stated therein and ma' affect the result of the election3 Congress shall3 for the sole purpose of *erif'ing the actual number of *otes3 CO;AT the *otes as the' appear in the copies of the election returns submitted to it3 upon re5uest of a presidential or *ice. presidential candidate or their part'2 (Sec. 34, R.A. 7.66) Canvass of !otes for the resident and !ice4 resident (Sec. 23, R.A. -336) The certificates of can*ass for President and <ice.President shall be dul' certified b' the board of can*assers of each pro*ince or cit'2 The certificates of can*ass for President and <ice.President shall be transmitted to Congress3 directed to the ,enate President2 ;pon receipt of the certificates of can*ass3 the ,enate President shall not later than (0 da's after the da' of the election OP A all the certificates in the presence of the ,enate and the Eouse of "epresentati*es in 8oint public session2 Congress upon the determination of the authenticit' and due e4ecution thereof3 shall can*ass the *otes2 The person ha*ing the highest number of *otes shall be proclaimed elected2 +n case / or more persons shall ha*e an e5ual and highest number of *otes3 one of them shall be chosen b' *ote of >#KO"+TO of all the members of BOTE the ,enate and the Eouse of "epresentati*es3 *oting separatel'2 (2o be discussed in t*e last (art of t*is re iewer.) )aGalintal *s+ Co&elec The O*erseas #bsentee <oting #ct of /00( insofar as it grants sweeping authorit' to the Comelec to proclaim all winning candidates3 is unconstitutional as it is repugnant to sec % art <++ of the Constitution3 which *ests in Congress the authorit' to proclaim the winning Presidential and <ice Presidential candidates2 Ru2 Elias Philippines Lope' ma' *s+ Senate of the the

preliminar' determination of the authenticit' and due e4ecution of the certificates of can*ass to a Koint Congressional Committee constituted under the "ules adopted b' the Koint ,ession of Congress2 Pi&entel <r+ *s+ <oint Co&&ittee of Con"ress to Can*ass the !otes Cast for Presi#ent an# !ice Presi#ent *en after Congress had ad8ourned its regular session3 it ma' continue to perform the constitutional dut' of can*assing the presidential and *ice.presidential election results without need of an' call for a special session b' the President2 PROCLA)ATION Duties of Board of Canvassers #fter the can*ass of election returns3 in the absence of a perfected appeal to the CO> & C3 the Board of Can*assers shall proclaim the candidates who obtained the highest number of *otes cast in the pro*ince3 cit'3 municipalit' or baranga'3 on the basis of the certificates of can*ass2 1ailure to compl' with this dut' constitutes an election offense2 (Sec. 23., :.P. --.) The Board of Can*assers shall not proclaim an' candidate as winner unless authori-ed b' the CO> & C after the latter has ruled on an' ob8ections brought to it on appeal b' a losing part'2 #n' proclamation made in *iolation hereof shall be *oid ab initio3 unless the contested returns will not ad*ersel' affect the results of the election2 Once the Board of Can*assers has completed its dut'3 the board cannot meet again and re.can*ass the *otes or re*erse their prior decision and announce different results2 When proc"amation void # proclamation is *oid when it is based on incomplete returns (#astroma/or . #$%E&E#, 254 S#RA 2,-) or when there is 'et no complete can*ass (>amil . #$%E&E#, A.R. !o. .2363-, ?ec. .5, .,,7). # *oid proclamation is no proclamation at all3 and the proclaimed candidateBs assumption into office cannot depri*e the CO> & C of its power to annul the proclamation2 tto *s+ Co&elec (Cr 1)0111 Kan (13 /00/!

Congress

*alidl'

delegate

#n incomplete can*ass of *otes is

illegal and cannot be made the basis of a proclamation2 # can*ass cannot be reflecti*e of the true *ote of the electorate unless all returns are considered and none is omitted2 The fact that a candidate illegall' proclaimed has assumed office is not a bar to the e4ercise b' the Comelec of the authorit' to annul an' can*ass and proclamation illegall' made2 Ghere a proclamation is null and *oid3 the proclaimed candidateBs assumption of office cannot depri*e the Comelec of the power to declare such a proclamation a nullit'2 artia" proc"amation (Sec. 2., R.A. 7.66) Aotwithstanding the pendenc' of an' pre.proclamation contro*ers'3 the CO> & C ma' summaril' order the proclamation of other winning candidates whose election will not be affected b' the outcome of the contro*ers'2 E"ection Resu"ting in a Tie (Sec. 234, :.P. --.) # tie occurs when: (a! / or more candidates recei*e an e5ual and highest number of *otes9 or (b! / or more candidates are to be elected for the same position and / or more candidates recei*ed the same number of *otes for the &#,T P&#C in the number to be elected2 The board of can*assers3 b' resolution3 upon ) da's notice to all tied candidates3 shall hold a special P;B&+C > T+AC at which the board shall proceed to the ="#G+AC O1 &OT, of the candidates who ha*e tied and shall proclaim as elected the candidates who ma' be fa*ored b' luc72 The candidates so proclaimed shall ha*e the right to assume office in the same manner as if he had been elected b' pluralit' of *ote2 The board of can*assers shall forthwith ma7e a certificate stating the name of the candidate who had been fa*ored b' luc7 and his proclamation on the basis thereof2 Aothing in the abo*e shall be construed as depri*ing a candidate of his right to contest the election2 roc"amation of a ,one Candidate -2,5) (R.A.

;pon the e4piration of the deadline for the filing of certificates of candidac' in a special election calle# to fill a *acanc2 in an electi*e position other than for President and <ice.President3 when there is onl' one (1! 5ualified candidate for such position3 the lone candidate shall be proclaimed elected to the position b' proper proclaiming bod' of the CO> & C without holding the special election upon certification b' the CO> & C that he is the onl' candidate for the office and is therefore deemed elected2 (Sec. 2) +n the absence of an' lawful ground to den' due course or cancel the certificate of candidac' in order to pre*ent such proclamation3 as pro*ided for under ,ec2 $9 and 78 of the Omnibus lection Code3 the lone candidate shall assume office not earlier than the scheduled election da'2 (Sec. 3) The CO> & C shall decide petitions for dis5ualification not later than election da'2 Otherwise3 such petitions shall be deemed dismissed2 (Sec. 3) )O-ES OF CHALLENGING CAN-I-ACY ? ELECTION RES LTS

N ISANCE CAN-I-ATES ? CANCELLATION OF CERTIFICATE OF CAN-I-ACY -eclaration of Nuisance Can#i#ac2 (Sec. 5, R.A. 6636) $rounds for candidac. dec"aration of nuisance

See discussion under #ertificate of #andidac/. -ature of proceedings Proceedings to ha*e a candidate declared as a nuisance candidate are summar' in nature2 +n lieu of oral testimonies3 the parties ma' be re5uired to submit position papers together with affida*its or counter. affida*its and other documentar' e*idence2 rocedure for dec"aration of candidate as nuisance candidate $HAT FILE-5 <erified petition $HO )AY FILE5 #n' registered candidate for the same office

$HEN FILE-5 Githin ) da's from the last da' for the filing of certificates of candidac' $HERE FILE-5 Gith the CO> & C PROCE- RE5 (1) The petition is filed with the CO> & C personall' or through dul'.authori-ed representati*e within ) da's from the last da' for the filing of certificates of candidac'2 1iling b' mail is not allowed2 (2) Githin ( da's from the filing of the petition3 the CO> & C shall issue summons to the respondent candidate3 together with a cop' of the petition and its enclosures3 if an'2 (3) The respondent shall then ha*e ( da's from receipt of the summons to file his *erifie# answer (not a motion to dismiss! to the petition3 ser*ing cop' thereof upon the petitioner2 Crounds for a motion to dismiss ma' be raised as an affirmati*e defense2 (4) The CO> & C ma' then designate an' of its officials who are law'ers to hear the case and recei*e e*idence2 +n lieu of oral testimonies3 the parties ma' be re5uired to submit position papers together with affida*its or counter.affida*its and other documentar' e*idence2 The hearing officer shall immediatel' submit to the CO> & C his findings3 reports3 and recommendations within ) da's from the completion of such submission of e*idence2 (5) The CO> & C shall then render its decision within ) da's from receipt of the findings of the hearing officer2 This decision shall be disseminated b' the CO> & C to the cit' or municipal election registrars3 boards of election inspectors3 and the general public in the political subdi*ision concerned within /% hours through the fastest a*ailable means2 (6) #fter ) da's from receipt of the parties3 the decision becomes final and e4ecutor' unless sta'ed b' the ,upreme Court2 Cancellation of Certificate of Can#i#ac2 $rounds for cance""ation of certificate of candidac. # certificate of candidac' ma' be

cancelled or denied due course on either of the following grounds: (1) 1alse material representation in the certificate of candidac'9 (2) +f the certificate filed is a substitute Certificate of Candidac'3 when it is not a proper case of substitution under ,ec2 77 of BP 881 ( Sec. 2, Rule 23, #$%E&E# Rules of Procedure) -ature of proceedings Proceedings for cancellation or denial of due course of a certificate of candidac' are summar' in nature2 rocedure $HO )AY FILE5 #n' citi-en of *oting age3 or # dul' registered political part'3 organi-ation3 or coalition of political parties $HEN FILE-5 Githin ) da's from the last da' for the filing of certificates of candidac' $HERE FILE-5 Gith the &aw =epartment of the CO> & C PRE(PROCLA)ATION CONTRO!ERSIES )eanin" of Pre(Procla&ation Contro*ers2 # pre.proclamation contro*ers' refers to an' 5uestion or matter pertaining to or affecting the proceedings of the board of can*assers3 or an' matter raised under ,ec2 /((./($ of BP 881 in relation to the preparation3 transmission3 receipt3 custod' and appreciation of the election returns2 (Sec. 23., :P --.) The institution of the pre.proclamation contro*ers' was intended to pre*ent the nefarious practice 7nown as ?grab.the. proclamation3 prolong.the.protest@2 <uris#iction The CO> & C has e4clusi*e 8urisdiction o*er pre.proclamation cases2 +t ma' order3 motu (ro(io or upon written petition3 the partial or total suspension of the proclamation of an' candidate.elect or annul partiall' or totall' an' proclamation3 if one has been made2 (Sec. 232, :P --.) Olfato *s+ Co&elec ( 10( ,C"# 7%1!

Ghile the Comelec has merel' appellate 8urisdiction o*er election contests in*ol*ing municipal offices3 it cannot be depri*ed of its e4clusi*e 8urisdiction o*er pre. proclamation contests2 +t is immaterial if some of the grounds adduced are grounds for an election contest rather than for a pre.proclamation contro*ers'2 $hen not allowe# Pre.proclamation contro*ersies on matters relating to the preparation3 transmission3 receipt3 custod' and appreciation of the election returns or the certificates of can*ass3 are not allowed for the following positions: President <ice President ,enator >ember of the Eouse of "epresentati*es (Sec. .5, R.A. 7.66)

proclamation and prolong the protest situations9 that public polic' howe*er3 balances the possibilit' of such situations against the shortening of the period during which no winners are proclaimed3 a period commonl' fraught with tension and danger for the public2 1or those who disagree with the polic'3 the recourse is with the legislature2 The mandator' re5uirement to compl' with the procedure for a pre.proclamation contro*ers' is in *iew of the polic' to ha*e a 5uic7 determination of the election results2 'anifest errors The Comelec ma' entertain petitions for the correction of ?manifest errors@ in the Certificate of Can*ass or in the election returns2 To be ?manifest@3 the errors must appear on the face of the Certificates of Can*ass or election returns sought to be corrected3 and ob8ections thereto must ha*e been made before the Board of Can*assers and specificall' noted in the minutes of their respecti*e proceedings (Cha*e- *s2 Comelec /11 ,C"# (1)! # ?manifest error@ is one that is *isible to the e'e or ob*ious to the understanding9 that which is open3 palpable3 incontro*ertible3 needing no e*idence to ma7e it more clear2 ( OBEara *s2 Comelec C" no2 1%89%1.%/ >ar 1/3 /00/! >ince *s+ Co&elec # petition for correction of errors in the Certificate of Can*ass ma' be filed at an' time before proclamation2 Torres *s+ Co&elec #lthough the pro*ision applies to a pre. proclamation contro*ers'3 there is nothing to pre*ent its application to cases in which the *alidit' of the proclamation is in 5uestion2 ,ince the ,tatement of <otes is the basis of the Certificate of Can*ass and of the proclamation3 an' error in the ,tatement affects the *alidit' of the proclamation2 Ra&ire' *s+ Co&elec Corrections should be made b' inserting the corrections in the ,tatement of <otes or b' preparing a new ,tatement of <otes incorporating the corrections2

Eowe*er3 this does not preclude the authorit' of the appropriate can*assing bod' motu propio or upon written complaint of an interested person to correct manifest errors in the certificate of can*ass or election returns before it2 Nature of procee#in"s #ll pre.proclamation contro*ersies shall be heard summaril' b' the CO> & C after due notice and hearing2 This is because can*ass and proclamation should be dela'ed as little as possible2 Duestions which re5uire more deliberate and necessaril' longer consideration are left for e4amination in the corresponding election protest2 (Sison . #$%E&E#, A.R. !o. .334,6. %arc* 3, .,,,) Parties ad*ersel' affected b' a ruling of the board of can*assers on 5uestions affecting the composition or proceedings of the board ma' appeal the matter to the Commission with ( da's from a ruling thereon2 The Commission shall summaril' decide the case within ) da's from the filling thereof ( ,ec 19 "# 71$$! -i&aporo *+ CO)ELEC The polic' behind limiting the issues of the pre.proclamation contro*ers' is to determine as 5uic7l' as possible the results of the elections on the basis of the can*ass2 +t ma' well be true that the public polic' ma' occasionall' permit the occurrence of grab the

Pre(procla&ation cases

"estricted to an e4amination of the lection returns on their face2 Githout 8urisdiction to go be'ond or behind elections returns and in*estigate election irregularities Lee *s+ Co&elec

Cases of Actions for Annul&ent of Election Results or -eclaration of Failure of Elections Comelec ma' conduct technical e4amination of election documents and compare and anal'-e *otersB signatures and fingerprints in order to determine whether or not the elections had indeed been free3 honest and clean

the disenfranchisement of the *oters in the particular precinct2 Aeither can the Certificate of <otes be used for the can*ass because it was signed onl' b' the Chairman2 ((! The election returns were: prepared under duress3 threats3 coercion3 intimidation or ob*iousl' manufactured or not authentic

La"u&3a2 *+ Co&elec (1$ ,C"# 17)!3 The ,upreme Court empowered the Commission on lections to nullif' certain contested returns on the ground of Lstatistical i&pro3a3ilitiesL1 when G sustained the authorit' of the Commission to e4amine *oting records3 the number of ballots and the number of *otes reportedl' cast and tallied for each and e*er' candidate3 when the returns are ob*iousl' false or fabricated2 +n said case3 G 3 adopted 6a practical approach to the Commissions mission to insure a free and honest elections6 b' den'ing (rima facie recognition to the election returns on the ground that the' were manifestl' manufactured or falsified2 (%! ,ubstituted or fraudulent returns in contro*erted polling places were can*assed3 the results of which materiall' affected the standing of the aggrie*ed candidate(s!2 ()! >anifest errors in the Certificates of Can*ass or lection "eturns (Sec. .5, R.A. 7.669 #*a e) . #$%E&E#, 2.. S#RA 3.5)

Ghere there is a prima facie showing that the return is not genuine3 the principle that in pre.proclamation cases3 the Comelec is without 8urisdiction to go be'ond or behind the election returns and in*estigate irregularities3 does not appl'2 Issues that &a2 3e Raise# (1) +llegal composition or proceedings of the board of election can*assers Lao#eno *s+ Co&elec ( /7$ ,C"# 70)! B' participating in the proceedings3 the petitioner is deemed to ha*e ac5uiesced in the composition of the Board of Can*assers2 (/! Can*assed election returns are either: incomplete contain material defects appear to be tampered with or falsified contain discrepancies in the same returns or in other authentic copies

Patora2 *s+ Co&elec (/%9 ,C"# %%0! +t is an error for the Comelec to e4clude from the can*ass election returns where the defect in the return refers onl' to some incomplete data2 Ghere the Certificate of <otes shows tampering3 alteration and falsification3 or an' other anomal' in the preparation of the election return3 the Comelec should order a recount of the *otes cast in the precinct3 after determining that the ballot bo4 has not been tampered with2 The failure of the Comelec to do so3 after e4cluding the return3 will result in

+t must be noted that this enumeration is restricti*e and e4clusi*e2 The complete election returns whose authenticit' is not 5uestioned must be (rima facie considered *alid for purposes of can*ass and proclamation2 To allow a re.count or a re. appreciation of the *otes in e*er' instance would paral'-e can*ass and proclamation2 Issues that cannot 3e raise# Kurisprudence has held that the following issues are not proper in a pre. proclamation contro*ers': #ppreciation of ballots3 as this is performed b' the Board of lection +nspectors at the precinct le*el and is not part of the proceedings of the

Board of Can*assers (Sanc*e) . #$%E&E#, .53 S#RA 67, reiterated in #*a e) . #$%E&E#, 2.. S#RA 3.5)9 Technical e4amination of the signatures and thumb mar7s of *oters (:alindon" . #$%E&E#, 264 S#RA 3,39 %atalam . #$%E&E#, 27. S#RA 733)9 Pra'er for re.opening of ballot bo4es (Alfonso . #$%E&E#, A.R. !o. .47-37, >une 2, .,,3)9 Padding of the "egistr' &ist of <oters of a municipalit'3 massi*e fraud and terrorism (Ftutalum . #$%E&E#, .-. S#RA 335)9 Challenges directed against the Board of lection +nspectors (Ftutalum . #$%E&E#, su(ra) 1raud3 terrorism and other illegal electoral practices2 These are properl' within the office of election contests o*er which electoral tribunals ha*e sole3 e4clusi*e 8urisdiction2 (&oon" . #$%E&E#)

or begin to be illegal2 Otherwise3 b' participating in the proceedings3 the petitioner is deemed to ha*e ac5uiesced in the composition of the Board of Can*assers2 (b) +f the petition is for correction3 it must be filed not later than ) da's following the date of proclamation3 and must implead all candidates who ma' be ad*ersel' affected thereb'2 (Sec. 58b), Rule 27, #$%E&E# Rules of Procedure)

PROCE- RE5 )f fi"ed #ith the Board first3 (1) Petitioner submits his H her ob8ection to the chairman of the board of can*assers2 (2) The Board ma7es its ruling2 (3) Githin ( da's from the ruling3 the parties ad*ersel' affected ma' appeal the matter to the CO> & C2 (4) ;pon appeal3 the CO> & C shall summaril' decide the case within ) da's from the filing thereof2 ( Sec. .,, R.A. 7.66) )f initiated direct". #ith the C/'E,EC3 (1) Petitioner files petition with the CO> & C2 (2) ;pon the doc7eting of such petition3 the Cler7 of Court concerned shall issue summons with a cop' of the petition to respondents2 (3) The Cler7 of Court concerned shall immediatel' set the petition for hearing2 The CO> & C shall hear and decide the petition en banc2 The Board of Can*assers shall not commence3 proceed or resume can*ass unless otherwise ordered b' the CO> & C2 (Sec. 5, Rule 27, #$%E&E# Rules of Procedure) (b) )atters relatin" to the preparation1 trans&ission1 receipt1 custo#2 an# appreciation of the election returns an# certificates of can*ass $HERE5 Onl' with the Board of

Proce#ure The procedure for filing a pre. proclamation contro*ers' depends on the issue being raised: (a) /uestions in*ol*in" the co&position or procee#in"s of the 3oar# of can*assers1 or correction of &anifest errors $HERE5 The contro*ers' ma' be initiated either in the Board of Can*assers or directl' with the CO> & C2 (Sec. .7, R.A. 7.66) +t depends: (a) +f petition in*ol*es the ille"al co&position or procee#in"s of the board3 it must be filed immediatel' when the board begins to act as such (&aodeno . #$%E&E#, 276 S#RA 745), or at the time of the appointment of the member whose capacit' to sit as such is ob8ected to if it comes after the can*assing of the board3 or immediatel' at the point where the proceedings are

$HEN5

Can*assers (6) $HEN5 #t the time the 5uestioned return is presented for inclusion in the can*ass2 $HO5 #n' candidate3 political part' or coalition of political parties

The parties ad*ersel' affected b' the ruling immediatel' inform the Board if the' intend to appeal the ruling2 ,uch information is then entered in the minutes of can*ass2 The Board then sets aside the returns and proceeds to consider the other returns2 The Board then suspends the can*ass after all the uncontested returns ha*e been can*assed and the contested return ruled upon b' it2 Githin %8 hours from the ruling3 the part' ad*ersel' affected files a written and *erified notice of appeal with the Board2 The part' then files an appeal with the CO> & C within a non.e4tendible period of ) da's thereafter2 +mmediatel' upon receipt of the notice of appeal3 the Board ma7es an appropriate report to the CO> & C3 ele*ating therewith the complete records and e*idence submitted in the can*ass3 and furnishing the parties with copies of the report2 The CO> & C summaril' decides the appeal within 7 da's from receipt of the record and e*idence ele*ated to it b' the Board2 The CO> & CFs decision becomes e4ecutor' after the lapse of 7 da's from receipt thereof b' the losing part'2 The CO> & C then authori-es the Board of Can*assers to proceed with the proclamation of the winner2 #n' proclamation made without CO> & C authori-ation is *oid ab initio3 unless the contested returns do not ad*ersel' affect the results of the election2 ( Sec. 24, R.A. 7.66)

(7)

PROCE- RE5 (1) The contesting part' ma7es an oral ob8ection to the chairman of the Board of Can*assers at the time the 5uestioned return is presented for inclusion in the can*ass2 ,uch ob8ection is recorded in the minutes of can*ass2 ,imultaneous with the oral ob8ection3 the ob8ecting part' enters his ob8ection in the form for written ob8ections prescribed b' the CO> & C2 ;pon receipt of such ob8ection3 the Board automaticall' defers the can*ass of the contested returns and proceeds to can*ass the returns which are not contested b' an' part'2 Githin /% hours from and after the presentation of such ob8ection3 the ob8ecting part' submits the e*idence in support of the ob8ection3 which shall be attached to the form for written ob8ections2 Githin the same /%.hour period3 an' part' ma' file a written and *erified opposition to the ob8ection in the prescribed CO> & C form3 attaching supporting e*idence3 if an'2 The Board shall not entertain an' ob8ection or opposition unless reduced to writing in the prescribed forms2 (4) The Board chairman immediatel' and formall' admits the e*idence attached to the ob8ection or opposition b' affi4ing his signature at the bac7 of each and e*er' page thereof2 ;pon receipt of the e*idence3 the Board considers the ob8ection and the opposition3 and summaril' rules on the ob8ection2 The Board then enters its ruling on the prescribed form and authenticates the same b' entering the signatures of all its members2

(8)

(2)

(9)

(3)

(10)

(11)

(12)

(5)

This procedure is mandator'2 Aon. compliance with an' of the steps abo*e is fatal to the pre.proclamation petition2 Effect of filin" contro*ers2 of pre(procla&ation

The period to file an election contest shall be ,;,P A= = during the pendenc' of the pre.proclamation contest in the CO> & C

or the ,upreme Court2 #$%E&E#, >une .,-,)

(Alan"deo

The right of the pre*ailing part' in the pre.proclamation contest to the e4ecution of CO> & CBs decision does not bar the losing part' from filing an election contest2 =espite the pendenc' of a pre. proclamation contest3 the CO> & C ma' order the proclamation of other winning candidates whose election will not be affected b' the outcome of the contro*ers'2 Effect of can#i#ate procla&ation of winnin"

the board of inspectors and admitted b' the board of can*assers2 The purpose of the dis5ualification proceeding is to pre*ent the candidate from running3 or if elected3 from ser*ing3 or to prosecute him for *iolation of election laws2 The mere fact that a candidate has been proclaimed does not signif' that his dis5ualification is deemed condoned and ma' no longer be the sub8ect of a separate in*estigation2 A"3a2ani *+ CO)ELEC The proclamation of a winning candidate ma7es a pre.proclamation contro*ers' no longer *iable2 The remed' is an election protest3 but this is onl' true where there is a *alid proclamation or where the proclamation is based on a complete can*ass2 Ghere it is claimed that there was an incomplete can*ass or that certain returns should ha*e been omitted because the' were manufactured and other returns cannot be included because the' ha*e been irretrie*abl' lost3 the pre.proclamation contro*ers' should still be continued despite the proclamation of the supposed winner2 CO> & C ma' in such a pre.proclamation contro*ers' determine if the proclamation should be annulled2 The proclamation of the winner does not pre*ent CO> & C from continuing with the pre.proclamation contro*ers' against the winner and after annulling its proclamation2 PETITION TO ANN L PROCLA)ATION OR S SPEN-

# pre.proclamation contro*ers' shall no longer be *iable after the proclamation and assumption into office b' the candidate whose election is contested2 The remed' is an election protest before the proper forum2 (%a/or . #$%E&E#, >anuar/ .,-,) The pre*ailing candidate ma' still be unseated e*en though he has been proclaimed and installed in office if: 1. The opponent is ad8udged the true winner of the election b' final 8udgment of court in an election contest9 The pre*ailing part' is declared ineligible or dis5ualified b' final 8udgment of a court in a D;O G#""#ATO case9 or The incumbent is remo*ed from office for cause2

2.

3.

A3ella *+ Larra'a3al Pre.proclamation contro*ersies are summar' in nature2 The polic' behind election law is that pre.proclamation contro*ersies should be summaril' decided3 consistent with the lawBs desire that the can*ass and proclamation be dela'ed as little as possible2 Thus3 5uestions as to the appreciation of ballots and the conduct of the campaign and balloting3 which re5uire more deliberate and necessaril' longer consideration are proper for an election contest2 The dismissal of a pre.proclamation contro*ers' does not mean that the dis5ualification case is moot and academic2 The two are independent of each other2 The purpose of the pre.proclamation contro*ers' is to ascertain the winners in the elections on the basis of election returns dul' authenticated b'

The filing with the CO> & C of a petition to annul or to suspend proclamation suspends the running of the period to file an election protest2 (Alan"deo . #$%E&E#, >une .,-,) Ao law pro*ides for a reglementar' period within which to file a petition for the annulment of an election if there is as 'et no proclamation2 (&oon" . #$%E&E#, 257 S#RA .) There is no fi4ed time frame within which to file a petition to annul a proclamation3 the same being limited onl' b' the standard of reasonableness2 -ECLARATION OF FAIL RE OF ELECTION Nature of petition to #eclare a failure of election # petition to declare a failure of

election is neither an election protest nor a pre.proclamation contro*ers'2 (:or=a . #$%E&E#, 264 S#RA 643) Groun#s for #eclaration See discussion under Election Pro(er. <uris#iction of CO)ELEC The CO> & C3 sitting en banc3 ma' declare a failure of election b' a ma8orit' *ote of its members2 (Sec. 3, R.A. 7.664 The CO> & C3 in the case of actions for annulment of election results or declaration of failure of elections3 ma' conduct technical e4amination of election documents and compare and anal'-e *otersF signatures and fingerprints in order to determine whether or not the elections had indeed been free3 honest and clean2 (&oon" . #$%E&E#, su(ra) Re,uisites for the #eclaration of failure of election Before the CO> & C can act on a *erified petition see7ing a declaration of failure of election3 the following conditions must concur: (1) Ao *oting has ta7en place in the precincts concerned on the date fi4ed b' law3 or e*en if there was *oting3 the election nonetheless resulted in a failure to elect9 and (2) The *otes cast would affect the results of the election2 ( %itmu" . #$%E&E#, 234 S#RA 539 &oon" . #$%E&E#, su(ra9 Dassan . #$%E&E#, 263 S#RA .25) The election is onl' to be set aside when it is impossible from an' e*idence within reach to ascertain the true result : when neither from the returns nor from other proof can the truth be determined (i2e2 where the illegalit' affects more than )0I of the total number of *otes cast and the remainder does not constitute a *alid constituenc'!2 Proce#ure (1) Petitioner files *erified petition with the &aw =epartment of the CO> & C2 (2) ;nless a shorter period is deemed necessar' b' circumstances3 within /% hours3 the Cler7 of Court concerned

ser*es notices to all interested parties3 indicating therein the date of hearing3 through the fastest means a*ailable2 (3) ;nless a shorter period is deemed necessar' b' the circumstances3 within / da's from receipt of the notice of hearing3 an' interested part' ma' file an opposition with the &aw =epartment of the CO> & C2 (4) The CO> & C proceeds to hear the petition2 The CO> & C ma' delegate the hearing of the case and the reception of e*idence to an' of its officials who are members of the Philippine Bar2 (5) The CO> & C then decides whether to grant or den' the petition2 This lies within the e4clusi*e prerogati*e of the CO> & C2 -IS/ ALIFICATION CASES Groun#s for #is,ualification See discussion under #ertificates of #andidac/. Priorit2 of #is,ualification cases The CO> & C and the courts shall gi*e priorit' to cases of dis5ualification for *iolation of the Omnibus lection Code3 to the end that a final decision shall be rendered not later than 7 da's before the election in which the dis5ualification is sought2 (Sec. 72, :P --.) Proce#ure $HO )AY FILE5 #n' citi-en of *oting age3 or #n' dul' registered political part'3 organi-ation or coalition of political parties $HERE5 &aw =epartment of the CO> & C $HEN5 #n' da' after the last da' for filing of certificates of candidac'3 but not later than the date of proclamation Effect of #is,ualification case #n' candidate who has been declared b' final 8udgment to be dis5ualified shall not be *oted for3 and the *otes cast for him shall not be counted2 +f for an' reason a candidate is not

dis5ualified before an election and he is subse5uentl' *oted for and recei*es the winning number of *otes in such election3 the CO> & C or the courts shall continue with the trial and hearing of the action3 in5uir'3 or protest and ma' order the suspension of the proclamation of such candidate during the pendenc' of the case upon motion of the complainant or an' inter*enor3 pro*ided that e*idence of his guilt is strong2 ( Sec. 6, R.A. 6636) The fact that the candidate who obtained the highest number of *otes is later declared to be dis5ualified or not eligible for the office to which he was elected3 does not necessaril' entitle the candidate who obtained the second highest number of *otes to be declared the winner of the electi*e office2 Sanche' *s Co&elec (1)( ,C"# $7! ,upreme Court said ,anche-B petition for recount andHor re.appreciation of ballots ma' AOT be considered a pre.proclamation contro*ers' for the ff2 reasons: a! #n election return is ?incomplete@ if there is an omission in the election return of the name of an' candidate andHor his corresponding *otes3 or in case the number of *otes for a candidate had been omitted2 Eere3 the name of ,anche- as well as the number of *otes counted and appreciated in his fa*or b' the B +2 rrors in appreciation of ballots b' the B + are proper sub8ect for an election protest and not for a pre.proclamation contest2 b! #ppreciation of *otes is not part of the proceedings of the Board of Can*assers3 it is performed b' the B + at the precinct le*el2 c! numeration of issues which ma' be raised in a pre.proclamation contro*ers' under sec2 /%( BP 881 is restricti*e and e4clusi*e2 The complete election returns whose authenticit' is not in 5uestion must be prima facie considered *alid for the purpose of can*ass and proclamation2 d! To e4pand the issues be'ond those enumerated in sec2 /%( and allow recount or re.appreciation where a claim of misdeclaration of stra' *otes is made would open the floodgates to such claims and paral'-e can*ass and proclamation proceedings3 gi*en the propensit' for the loser to demand a recount2 The polic' of the law is that a

pre.proclamation contro*ers' should be summaril' decided2 e! The ground for recount relied upon is clearl' not among the issues that ma' be raised in a pre.proclamation contro*ers'2 Eis allegation of in*alidation of ?,anche-@ *otes intended for him bears no relation to the correctness and authenticit' of the election returns can*assed2 Patora2 *s Co&elec (/79 ,C"# %70! Ob8ections to the inclusion of election returns are directed primaril' at the ballots reflected in the returns3 this in*ol*es appreciation of ballots and cannot be raised in an election protest2 >alin#on" *s Co&elec (/$0 ,C"# %9%! Technical e4amination of signatures and thumb mar7s of *oters runs counter to the nature and scope of a pre.proclamation contest9 the remed' is to raise these issues in an election protest2 Alfonso *s Co&elec (Kune /3 199%! The pra'er for re.opening of ballot bo4es is not a proper issue in a pre. proclamation contro*ers' but should be threshed out in an election contest !illaro2a *s Co&elec (1)) ,C"# $((! +n a pre.proclamation contest3 the Comelec ma' order the correction of a clerical error in the ,tatement of <otes (b' Board of Can*assers! to correspond to the figures reflected in the election returnsSe*en if the candidateH representati*e failed to file the timel' protest during can*assing3 as the error in the ,tatement of <otes was not apparent on its face2 -ure&#es *s Co&elec (178 ,C"# 7%$! 1ailure to ob8ect to the ,tatement of <otes before the Board of Can*assers is not a bar to raising the issue before the Comelec for the first time9 the law is silent as to when the' ma' be raised2 Castro&a2or *s Co&elec (/)0 ,C"# /98! #n' part' dissatisfied with the ruling of the BoC shall ha*e the right to appeal to the Comelec2 ,ince the ,tatement of <otes which was to be corrected b' the Board forms the basis of the Certificate if Can*ass and the proclamation3 petitioner begs the 5uestion b'

sa'ing that this is not a pre.proclamation contro*ers' and the procedure for PPC cannot be applied to the correction of the computation of the total number of *otes obtained b' the candidates in the ,tatement of <otes2 )entan" *s Co&elec (1eb2 %3 199%! The ,C declared it has alread' ruled that the filing of a petition to annul a proclamation suspends the running of the 10. da' period within which to file an election contest3 pro*ided that the allegations3 which when pro*ed3 will render the proclamation null and *oid2 ,uch petition ma' be filed directl' with the Comelec e*en as a pre.proclamation contro*ers'3 pro*ided it is done within ten da's after proclamation >ince *s Co&elec (/%/ ,C"# /7(! Comelec ma' annul a proclamation on account of a mathematical error committed b' the Board of Can*assers in the computation of *otes recei*ed2 Petition for correction ma' be filed at an' time before proclamation and there is nothing to suggest this cannot be applied when *alidit' of proclamation is precisel' in 5uestion2 tutalu& *s Co&elec (181 , (()! Padding of "egistr' of <oters of a municipalit' not a listed ground for pre. proclamation contro*ers' La'atin *s Co&elec (1)7 ,C"# ((7! +ssue of *alidit' of proclamation and irregularities connected therewith is a matter properl' addressed to the E" T2 -arantinao *s Co&elec (Kune 1989! Comelec has the power to in5uire whether members of the Board of Can*assers are 5ualified or not3 whether or not an election had been held in a precinct3 in order to determine the integrit' of the election returns Alan"#eo *s Co&elec (Kune 1989! The filing with the Comelec of a petition to annul or suspend the proclamation shall suspend the period to file an election protest2 )a2or *s Co&elec (Kan2 1989! #fter proclamation and assumption of office3 the proper remed' is an election protest3 not a pre.proclamation contro*ers'2

ELECTION CONTESTS Election contests1 #efine# These are ad*ersarial proceedings b' which matters in*ol*ing the title or claim to an electi*e office3 made before or after proclamation of the winner3 is settled whether or not the contestant is claiming the office in dispute2 The purpose of an election contest is to ascertain the candidate lawfull' elected to office2 Nature of election contests #n election contest is imbued with public interest2 The election contest must be liberall' construed to fa*or the will of the people2 #n election contest ma' not be defeated b' mere technical ob8ections2 ;ntil and unless the election protest is decided against him3 a person who has been proclaimed as dul' elected has the lawful right to assume and perform the duties and functions of the office2 -istinction 3etween Pre(Procla&ation Contro*ers2 an# Election Contest 1! The Dividing candidate /! Jurisdiction #2 Pre+(roclamation contro ers/ 12The 8urisdiction of CO> & C is administrati*eH5uasi.8udicial /2+t is go*erned b' the re5uirements of administrati*e due process B2 Election contest 8udicial 12The 8urisdiction of CO> & C is "ine3 Proclamation of

/2+t is go*erned b' the re5uirements of 8udicial process (! +n some cases3 e*en if the case (in*ol*ing municipal officials! began with the CO> & C before proclamation but a proclamation is made before the contro*ers' is resol*ed3 it ceases to be a

pre.proclamation contro*ers' and becomes an election contest cogni-able b' the "TC2 %! Eowe*er3 in some cases3 the ,C has recogni-ed the 8urisdiction of CO> & C o*er municipal cases e*en after proclamation2 <uris#iction o*er election contests %upreme Court The ,upreme Court3 sitting en banc3 shall be the sole 8udge of all contests relating to the election3 returns3 and dis5ualifications of the President3 <ice.President3 and ma' promulgate its rules for such purpose2 (Art. CII, Sec. 3, .,-7 #onstitution) E"ectora" Tribuna"s of the %enate and 1ouse of Representatives The ,enate and the Eouse of "epresentati*es ha*e their own electoral tribunals2 ach electoral tribunal has 9 members: ( ,upreme Court Kustices3 $ members of the ,enate or Eouse of "epresentati*es3 as the case ma' be3 who shall be chosen on the basis of proportional representation from the political parties and the parties or organi-ations registered under the part'.list s'stem represented therein2 (Art. CI, Sec. .7, .,-7 #onstitution) 1or purposes of election contests cogni-able b' the lectoral Tribunals3 the rules of procedure of such tribunals shall pre*ail o*er the pro*isions of the Omnibus lection Code2 (&a)atin . DRE2, .6- S#RA 3,) C/'E,EC The CO> & C has e4clusi*e original 8urisdiction o*er all election contests relating to the elections3 returns3 and 5ualifications of all electi*e: (1) "egional Officials9 (/! Pro*incial Officials9 and ((! Cit' Officials =ecisions in these cases appealed to the ,upreme Court2 ma' be

=ecisions3 final orders3 or rulings of the CO> & C on election contests in*ol*ing electi*e municipal and baranga' offices shall be final3 e4ecutor' and not appealable2 ( Sec. 2, Art. I7+#, .,-7 #onstitution) Aote3 howe*er3 that this does not preclude a recourse to the ,upreme Court b' wa' of a special ci*il action for certiorari2 ( Aalido . #$%E&E#, .,3 S#'A 7-) Regiona" and 'unicipa" Tria" Courts The "egional Trial Courts and >unicipal Trial Courts ha*e e4clusi*e original 8urisdiction o*er municipal and baranga' officials3 respecti*el'2 +t must be noted that cases in*ol*ing 5ualifications of candidates for the ,angguniang Rabataan filed before the election are decided b' the lection Officer3 while those filed after the election are decided b' the >TCs2 (!ac*ura, (. 3-,) Powers of the CO)ELEC in relation to election contests The power of CO> & C to decide election cases includes the power to determine the *alidit' or nullit' of *otes2 The CO> & C has the power to issue writs of certiorari3 prohibition3 and mandamus2 Eowe*er3 this power can onl' be e4ercised in aid of its appellate 8urisdiction2 (Relam(a"os . #umba, 233 S#RA 6,4) =in#s of election contests There are / 7inds of election contests that ma' be filed: an election protest3 and a 5uo warranto case2 E"ection rotest

$HO )AY FILE5 #n' candidate who has filed a certificate of candidac' and has been *oted upon for the same office3 and who has not himself caused or contributed to the irregularities or frauds of which he complains GRO N-S5 1raud3 terrorism3 irregularities or illegal acts committed before3 during or after the casting and counting of *otes PERIO- FOR FILING5

The CO> & C has appellate 8urisdiction o*er all contests in*ol*ing electi*e municipal officials decided b' trial courts of general 8urisdiction (i2e23 "egional Trial Courts! or in*ol*ing electi*e baranga' officials decided b' trial courts of limited 8urisdiction (i2e23 the >unicipal Trial Courts!2

Githin 10 da's from proclamation of the results of the election Ghere3 after ) da's from the proclamation of the winning candidate3 the loser files a motion for reconsideration in the pre.proclamation contro*ers'3 there are onl' ) da's which remain of the period within which to file an election protest2 (Ro0uero . #$%E&E#, 2-, S#RA .54) PROCE- RE5 A. For protests file# with the CO)ELEC (Rule 24 is+G+ is Rules .4+.,, #$%E&E# Rules of Procedure)

CO> & C en banc3 it shall be decided within (0 da's2 (7) The decision of a di*ision becomes final and e4ecutor' after the lapse of 1) da's following its promulgation2 The aggrie*ed part' ma' file a timel' motion for reconsideration within ) da's from promulgation of the decision on the grounds that the e*idence is insufficient to 8ustif' the decision9 or that the said decision is contrar' to law2 1or the CO> & C en banc, the decision becomes final and e4ecutor' (0 da's from its promulgation2 !eloria *s Co&elec (/11 ,C"# 907! # motion for the reconsideration of the "TC decision is a prohibited pleading and does not interrupt the ).da' period for appeal2 Garcia *s+ -e <esus (/0$ ,C"# 779! But the Comelec cannot depri*e the "TC of its competence to order e4ecution of its decision pending appeal3 this being a 8udicial prerogati*e and there being no law not authori-ing the same9 besides3 the Comelec rules would depri*e the pre*ailing part' of a substantial right to mo*e for such relief2 Rela&pa"os *s+ Cu&3a (/%( ,C"# )0/! +n the e4ercise of its e4clusi*e appellate 8urisdiction3 the Comelec has the power to issue writs of prohibition3 mandamus or certiorari3 because the last par2 of sec2 )0 BP $97 is still in full force and effect and has not been repealed nor amended b' BP 8812 (abandons <eloria and Carcia! Gali#o *s+ Co&elec (19( ,C"# 78! The fact that decisions3 final orders or rulings of the Comelec in appealed cases in*ol*ing electi*e municipal and baranga' officials are final3 e4ecutor' and unappealable does not preclude a recourse to the ,upreme Court b' wa' of a special ci*il action for certiorari2 (But onl' when ComelecBs factual determination is marred b' gra*e abuse of discretion T #l*are- *s2 Comelec! Pu'on *s+ HRET (1eb2 1989! The ,upreme Court declared the re*iew of a decision of the lectoral Tribunal is possible onl' in the e4ercise of super*isor' or e4traordinar' 8urisdiction3 and onl' upon showing that the TribunalBs error results from a

(1) Protestant files a *erified petition with the CO> & C within 10 da's from proclamation and pa's the re5uired doc7et fees2 1ailure to pa' the basic doc7et fee will result in the dismissal of the protest2 (Aatc*alian . #$%E&E#, 235 S#RA 24-) (2) The Cler7 of Court of the CO> & C or the di*ision concerned issues the corresponding summons to the protestee within ( da's from the filing of the petition2 (3) Protestee must file an answer within ) da's from ser*ice of summons and a cop' of the petition2 The protestee ma' incorporate in his answer a counter.protest or counterclaim2 The CO> & C ma' not entertain a counter.protest filed be'ond the reglementar' period to file the same2 (B*o . #$%E&E#, A.R. !o. .23433, Se(t. 25, .,,7) (4) Protestant has ) da's from receipt of the answer or answer with counterclaim or counter.protest to file his repl' or answer to counter.protest or counterclaim3 respecti*el'2 +f no answer is filed to the protest or counter.protest3 a general denial is deemed to ha*e been entered2 (5) #fter the issues ha*e been 8oined3 the case shall be set for hearing and presentation and reception of e*idence2 (6) #fter the case has been submitted for decision3 the CO> & C shall render its decision2 +f the case is being heard b' a =i*ision3 the case shall be decided within 10 da's2 +f it is being heard b' the

whimsical3 capricious3 unwarranted3 arbitrar' or despotic e4ercise of power2 La'atin *s+ HRET (1$8 ,C"# (91! 1or purposes of cogni-able b' the lectoral rules of procedure shall pro*isions of the Omnibus B. election contests Tribunal3 the E" T pre*ail o*er the lection Code2

the decision to the CO> & C3 he ma' do so b' filing a notice of appeal within ) da's from promulgation of the decision2 E**ECT /* DE(T1 /* R/TE%T(-T

For protests file# with the Re"ional Trial Courts (Rule 35, #$%E&E# Rules of Procedure)

(1) Protestant files a *erified petition with the "TC within 10 da's from proclamation2 (2) Protestee must file an answer within ) da's after receipt of notice of the filing of the petition and a cop' of the petition2 ,hould the protestee desire to impugn the *otes recei*ed b' the protestant in other precincts3 he ma' file a *erified counter. protest within the same period fi4ed for the filing of the answer2 (3) Protestant has ) da's from receipt of the counter.protest to file his answer to such counter.protest2 (4) #n' other candidate for the same office ma' inter*ene in the case within ) da's from filing of the protest b' filing a *erified petition.in.inter*ention2 The protestant or protestee shall answer the protest.in. inter*ention within ) da's after notice2 (5) +f no answer is filed to the protest3 counter.protest or protest.in.inter*ention within the specified time limits3 a general denial is deemed to ha*e been entered2 (6) #fter the issues ha*e been 8oined3 the case shall be set for hearing2 Presentation and reception of e*idence shall be completed within (0 da's from the date of the commencement thereof2 (7) The Court shall decide the election contest within (0 da's from the date it is submitted for decision3 but in e*er' case within $ months after its filing2 ,uch decision shall declare who among the parties has been elected3 or in a proper case3 that none of them has been legall' elected2 (8) The decision becomes final ) da's after its promulgation2 Ao motion for reconsideration shall be entertained2 ,hould an aggrie*ed part' wish to appeal

The death of the protestant does not e4tinguish an election protest2 #n election protest is imbued with public interest which raises it onto a plane o*er and abo*e ordinar' ci*il actions3 because it in*ol*es not onl' the ad8udication of the pri*ate interest of the ri*al candidates but also the paramount need of dispelling once and for all the uncertaint' that beclouds the real choice of the electorate with respect to who shall discharge the prerogati*es of the office within their gift2 ( ?e #astro . #$%E&E#, 267 S#RA -46) Eowe*er3 it is not the heirs of the deceased who shall be the successors.in. interest to the suit3 but the succeeding candidate.elect2 1or e4ample3 if the deceased was a candidate for go*ernor3 the real part' in interest in the continuation of the proceedings is the <ice.Co*ernor.elect3 as he or she will succeed in the e*ent that the protestant is declared to be the person lawfull' elected to the office2 Arao *s+ Co&elec (/10 ,C"# /90! 1ailure of protestant to raise the 5uestion of identical handwriting or of impugning the *alidit' of the ballots on that ground does not preclude the Comelec from re8ecting the ballots2 ;nli7e an ordinar' suit3 an election protest is a public concern2 The rights of the contending parties must 'ield to the far greater interest of the citi-ens in upholding the sanctit' of the ballot2 Thus3 the Comelec simpl' cannot close its e'es to the illegalit' of the ballots e*en if the protestant omitted to raise the ground in his protest2 E&i *s+ Co&elec (/%( ,C"# 70$! The Court upheld the authorit' of the Comelec to determine whether ballots had been written b' one or two persons3 or in groups written b' onl' one hand3 without need of calling for the ser*ices of handwriting e4perts3 this in*estigation being more in the nature of an internal process >ulaon" *s Co&elec (//0 ,C"# 7%)! #n order regarding the re*ision of ballots is an interlocutor' order because it still re5uires a part' to perform certain acts leading to the final ad8udication of the case

)iria& -efensor Santia"o *s+ Fi#el !al#e' Ra&os (/)( ,C"# )99! lection protest filed b' ,antiago rendered moot and academic b' the election of ,antiago as a ,enator in the >a' 199) elections and assumption of office3 thus effecti*el' considered as ha*ing abandoned or withdrawn her protest or at the *er' least3 in the language of %orale=a Relo a3 abandoned her ?determination to protect and pursue the public interest in*ol*ed on who is the real choice of the electorate2@ Gatchalian *s Co&elec (/%) ,C"# /08! The period for filing an election protest is suspended during the pendenc' of a pre. proclamation contro*ers'2 The protestant has to pa' a doc7et fee of P(00200 and an additional doc7et fee if there is a claim for damages2 1or failure to pa' the basic doc7et fee3 the protest should be dismissed2 Poe *s+ Gloria )acapa"al(Arro2o (P T Case Ao2 00/3 >arch /93 /00)! The ,upreme Court said that if persons not real parties in the action could be allowed to inter*ene3 proceedings will be unnecessaril' complicated3 e4pensi*e and interminableSand this is not the polic' of the law2 +nasmuch as no real parties such as the *ice.presidential aspirants in the /00% elections ha*e come forward to inter*ene3 or to be substituted for the deceased protestant3 it is far more prudent to abide b' the e4isting and strict limitations on inter*ention and substitution under the law and the rules2 2uo Warranto $HO )AY FILE5 #n' *oter in the constituenc' GRO N-S5 dislo'alt' to Philippines registered or the

1! because case alread' moot and academic3 =a-aBs term to end in Kune (03 199/ /! ,C without 8urisdiction3 E" T proper forum as sole 8udge of all contests relating to the election3 returns and 5ualifications of Eouse of "ep2 members (! #s a de facto officer3 =a-a cannot be made to reimburse funds disbursed during his term of office3 bec2 his acts are *alid2 Fri*al#o *s+ Co&elec (17% ,C"# /%)! ,ince 1ri*aldoBs cop' of certificate of naturali-ation obtained onl' in ,ept2 19883 the petition for dis5ualification ma' still be considered as ha*ing been seasonabl' filed e*en if filed more than se*en months from the proclamation2 Awar# of #a&a"es #ctual or compensator' damages ma' be granted in all election contests or in 5uo warranto proceedings in accordance with law2 (Sec. 25,, :.P. --.) E!I-ENCE ON THE ELECTION The following ma' be used as e*idence in contesting the results of the election: E"ection Returns lection returns are properl' used as e*idence in an election contest when what is in*ol*ed is the correctness of the number of *otes of each candidate3 and the ballots cannot be produced or are not a*ailable2 Ba""ots Ballots are properl' used as e*idence when the election returns are not a*ailable2 o""4Boo6s and Ta"". %heets Poll.boo7s and tall' sheets ma' be used as e*idence where b' law3 poll.boo7s or tall' sheets are re5uired to be 7ept2 E"ection /fficia"s lection officials ma' be called to testif' in the absence of ballots3 tall' sheets or poll.boo7s2 !oters

+neligibilit' the "epublic

of

PERIO- FOR FILING5 Githin 10 da's from proclamation of the results of the election Sa&pa2an *s+ -a'a (/1( ,C"# 807! Petition for prohibition filed b' residents of A2 ,amar in the ,upreme Court against Cong2 =a-a dismissed:

<oters ma' testif' where the illegalit' consists in the casting of *otes b' persons un5ualified3 unless it can be shown for whom the' *oted3 it cannot be allowed to change the result2 Certificate of !otes The pro*isions of ,ections /() and /($ of the Omnibus lection Code notwithstanding3 the certificates of *otes shall be admissible in e*idence to pro*e tampering3 alteration3 falsification or an' anomal' committed in the election returns concerned3 when dul' authenticated b' testimonial or documentar' e*idence presented to the board of election inspectors who issued the certificate2 The failure to present an' certificate of *otes shall be a bar to the presentation of other e*idence to impugn the authenticit' of the election returns2 ELECTION OFFENSES <uris#iction o*er election offenses The "egional Trial Courts ha*e e4clusi*e original 8urisdiction to tr' and decide an' criminal actions or proceedings for *iolation of election laws2 (Sec. 26-, :.P. --.9 >uan . Peo(le, A.R. !o. .3237-, >anuar/ .-, 2444) Prosecution of election offenses The CO> & C has the e%clusi*e power to in*estigate and prosecute cases in*ol*ing *iolations of election laws2 (Sec. 2 86), Art. I7+#, .,-7 #onstitution9 Sec. 26-, :.P. --.9 ?e >esus . Peo(le, .24 S#RA 764) Eowe*er3 it ma' *alidl' delegate the power to the Pro*incial Prosecutor or to the Ombudsman2 . But it is not the dut' of the Comelec as in*estigator and prosecutor to gather proof in support of a complaint field before it (Rilosba'an *s2 Comelec3 C" Ao2 1/80)%3 Oct2 1$3 1997! +n the e*ent that the CO> & C fails to act on an' complaint within % months from its filing3 the complainant ma' file the complaint with the fiscal or the =epartment of Kustice3 if warranted2 (Sec. 265, :.P. --.) Preferential offenses #isposition of election

+n*estigation and prosecution of election offenses shall be gi*en priorit' b' the CO> & C2 The in*estigating officer shall resol*e the case within ) da's from submission2 The courts shall gi*e preference to election cases o*er all other cases e4cept petitions for writ of habeas corpus2 Their trial shall be commenced without dela' and shall be conducted continuousl' until terminated3 and the case shall be decided within (0 da's from its submission for decision2 ( Sec. 26,, :.P. --.) Election offenses The *arious election offenses are enumerated primaril' under ,ec2 /$1 of B2P2 8812 Eowe*er3 other election laws pro*ide for other election offenses2 ,ome of the more significant offenses include the following: Registration 1ailure of the Board of lection +nspectors to post the list of *oters in each precinct2 (Sec. ,, R.A. 7.66)9 Change or alteration or transfer of a *oterFs precinct assignment in the permanent list of *oters without the e4press written consent of the *oter (Sec. 3, R.A. -.-,)

Certificate of Candidac. Continued misrepresentation or holding out as a candidate of a dis5ualified candidate or one declared b' final and e4ecutor' 8udgment to be a nuisance candidate (Sec. 27f, R.A. 6636)9 Rnowingl' inducing or abetting such misrepresentation of a dis5ualified or nuisance candidate (Sec. 27f, R.A. 6636)9 Coercing3 bribing3 threatening3 harassing3 intimidating3 terrori-ing3 or actuall' causing3 inflicting or producing *iolence3 in8ur'3 punishment3 torture3 damage3 loss or disad*antage to discourage an' other person or persons from filing a certificate of candidac' in order to eliminate all other potential candidates from running in a special election (Sec. 5, R.A. -2,5)9

E"ection Campaign #ppointment or use of special policemen3 special agents or the li7e during the campaign period (Sec. 26.m, :.P. --.) ;se of armored land3 water or aircraft during the campaign period (Sec. 26.r, :.P. --.) ;nlawful electioneering (Sec. 26.@, :.P. --.) #cting as bod'guards or securit' in the case of policemen and pro*incial guards during the campaign period (Sec. 26.t, :.P. --.) "emo*al3 destruction3 obliteration3 or tampering of lawful election propaganda3 or pre*enting the distribution thereof (Sec. -3, :.P. --. is+G+ is Sec. 262, :.P. --.)

Being a fl'ing *oter (Sec. 26.) 82), :.P. --.)

Counting of !otes Tampering3 increasing3 decreasing *otes3 or refusal to correct tampered *otes after proper *erification and hearing b' an' member of the board of election inspectors (Sec. 27b, R.A. 6636) "efusal to issue to dul' accredited watchers the certificate of *otes cast and the announcement of the election3 b' an' member of the board of election inspectors ( Sec. 27c, R.A. 6636)

Canvassing #n' chairperson of the board of can*assers who fails to gi*e notice of meeting to other members of the board3 candidate or political part' as re5uired (Sec. 27e, R.A. 6636)

!oting <ote.bu'ing and *ote.selling (Sec. 26.a, :.P. --.) Conspirac' to bribe *oters ( Sec. 26.b, :.P. --.) # disputable presumption of a conspirac' to bribe *oters is created when there is proof that at least 1 *oter in different precincts representing at least /0I of the total precincts in an' municipalit'3 cit' or pro*ince has been offered3 promised or gi*en mone'3 *aluable consideration or other e4penditure b' a candidateFs relati*es3 leaders andHor s'mpathi-ers for the purpose of promoting the election of such candidate2 (Sec. 2-, R.A. 6636) Coercion of subordinates to *ote for or against an' candidate (Sec. 26.d, :.P. --.) =ismissal of emplo'ees3 laborers3 or tenants for refusing or failing to *ote for an' candidate (Sec. 26.d82), :.P. --.)

(cts of government or pub"ic officers #ppointment of new emplo'ees3 creation of new positions3 promotion3 or gi*ing salar' increases within the election period (Sec. 26.", :.P. --.) Transfer of officers and emplo'ees in the ci*il ser*ice within the election period without the prior appro*al of the CO> & C (Sec. 26.*, :.P. --.) People *+ Re2es (/%7 ,C"# (/8! Transfer or detail of a go*ernment officer or emplo'ee will not be penali-ed if done to promote efficienc' in the go*ernment ser*ice2 To pro*e *iolation3 two elements must concur: 1! The fact of transfer or detail within the election period as fi4ed b' the Comelec9 and /! The transfer or detail was made without prior appro*al of the Comelec3 in accordance with its +""2 Eere the transfer was made 1 da' prior to ComelecBs issuance of "es2 Ao2 /(((3 which prescribed the rules and regulations on how to obtain Comelec appro*al for such transfers2 +nter*ening of public officers and emplo'ees in the ci*il ser*ice in an' partisan political acti*it' (Sec. 26.i, :.P. --.)

;se of public funds for an election campaign (Sec. 26.o, :.P. --.) +llegal release of prisoners before and after election (Sec. 26.n, :.P. --.) "elease3 disbursement or e4penditure of public funds during the prohibited period (Sec. 26. , :.P. --.) Construction of public wor7s3 etc2 during the prohibited period (Sec. 26.w, :.P. --.) ,uspension of electi*e local officials during the election period without prior appro*al of the CO> & C (Sec. 26.1, :.P. --.)

under contract with the CO> & C (Sec. 27a, R.A. 6636) Gagering upon the results elections (Sec. 26.c, :.P. --.) of

,ale3 etc2 of into4icating li5uor on the da' fi4ed b' law for the registration of *oters in the polling place3 or the da' before the election or on election da' (Sec. 26.dd 8.), :.P. --.) Opening booths or stalls within (0 meters of an' polling place (Sec, 26.dd 82), :.P. --.) Eolding fairs3 coc7fights3 etc2 on election da' (Sec. 26.dd 83), :.P. --.) "efusal to carr' election mail during the election period (Sec. 26.dd 83), :.P. --.)2 +n addition to the prescribed penalt'3 such refusal constitutes a ground for cancellation or re*ocation of certificate of public con*enience or franchise2 =iscrimination in the sale of air time (Sec. 26.dd 85), :.P. --.) +n addition to the prescribed penalt'3 such refusal constitutes a ground for cancellation or re*ocation of the franchise2

Coercion& intimidation& vio"ence Coercion of election officials and emplo'ees Threats3 intimidation3 terrorism3 use of fraudulent de*ices or other forms of coercion (Sec. 26.e, :.P. --.) ;se of undue influence :.P. --.) ( Sec. 26.=,

Carr'ing deadl' weapons within the prohibited area (Sec. 26.(, :.P. --.)

*ai"ure to register or vote #rt2 <3 ,ec2 1 of the 1987 Constitution states that suffrage 6ma'6 be e4ercised b' 5ualified citi-ens of the Philippines3 as compared to the 19() and 197( Constitutions which used the term 6shall26 Thus3 it can be said that under the current Constitution3 failure to register or to *ote is no longer an election offense2 Other election offenses under "# $$%$ Person who *iolated pro*isions against prohibited forms of election propaganda +f the chairman of the B + fails to affi4 his signature at the bac7 of the official ballot3 in the presence of the *oter3 before deli*ering the ballot to the *oter2 (under "# 71$$!

)appala *+ <u#"e Nune' (/%0 ,C"# /00! +t is not necessar' that the deadl' weapon be sei-ed from the accused while he was in the precinct or within a radius of 100 meters therefrom9 enough that the accused carried the deadl' weapon within the prohibited radius during an' of the da's and hours specified in the law2 Carr'ing firearms outside residence or place of business (Sec. 26.0, :.P. --.) Organi-ation or maintenance of reaction forces3 stri7e forces3 or similar forces during the election period (Sec. 26.u, :.P. --.)

/ther prohibitions ;nauthori-ed printing of official ballots and election returns with printing establishments that are not

Goo# faith not a #efense lection offenses are generall' mala

(ro*ibita. Proof of criminal intent is not necessar'2 Cood faith3 ignorance3 or lac7 of malice is not a defense9 the commission of the prohibited act is sufficient2 (Peo(le . :a/ona, 6. P*il. .-.9 Peo(le . 'uentes, .-. P*il. .-6) Penalties *or individua"s +mprisonment of not less than 1 'ear but not more than $ 'ears3 without probation (Sec. 263, :.P. --.) =is5ualification to hold public office9 =epri*ation of the right of suffrage

b' whomsoe*er issued e4cept onl' upon a warrant of arrest issued b' a competent 8udge after all the re5uirements of the Constitution ha*e been strictl' complied with2 Prescription lection offenses prescribe ) 'ears from the date of their commission2 +f the disco*er' of the offense be made in an election contest proceeding3 the period of prescription shall commence on the date on which the 8udgment in such proceedings becomes final and e4ecutor'2 (Sec. 267, :.P. --.) Special Laws "# 79%1 : Part'.&ist ,'stem #ct ,ee7s to representation promote proportional

*or a *oreigner +mprisonment of not less than 1 'ear but not more than $ 'ears (without probation!9 =eportation after ser*ice of sentence o"itica" art.

#n' part' alread' registered need not register anew2 1ile manifestation not later than 90 da's before election2

*or a

Crounds for refusing or canceling registration of Part'.&ists groups a2 b2 c2 0eep d2 e2 f2 g2 h2 "eligious sect organi-ation #d*ocates *iolence 1oreign part' or organi-ation "ecei*es foreign support <iolates election law ;ntruthful statements in its petition Ceased to e4ist for at least one 'ear 1ailed to participate in the last two preceding elections or fails to obtain at least /I of the *otes cast under the part'. list s'stem in the / preceding elections for the constituenc' in which it has registered or denomination3

Pa'ment of a fine not less than P103000 after a criminal con*iction to

ersons Required b. ,a# risoners in their Custod.

1or prisoners illegall' released from an' penitentiar' or 8ail during the prohibited period3 where such prisoners commit an' act of intimidation3 terrorism or interference in the election3 the =irector of the Bureau of Corrections3 pro*incial warden3 8ail 7eeper or persons who are re5uired b' law to 7eep said prisoners in their custod' shall3 if con*icted3 be sentenced to suffer prison ma'or in its ma4imum period2 (Sec. 263, :.P. --.) Arrests in Connection with the Election Ca&pai"n Ao person shall be arrested or detained at an' time for an' alleged offense committed during and in connection with an' election through an' act or language tending to support or oppose an' candidate3 political part' or coalition of political parties under or pursuant to an' order of whate*er name or nature and

Aomination of part'.list reps should not include an' candidate for an' electi*e office or a person who has lost his bid for an electi*e office in the immediatel' preceding election +ncumbent sectoral representati*es in the Eouse of "epresentati*es who are nominated in the part'.list s'stem shall not be considered resigned

Part' &ist "eps constitute /0I of the total number of the members of the Eouse of "eps including those under the part'.list 1o# do #e determine the number of part. "ist seats in the 1ouse of RepsH 1ormula: (U of =istrict "eps H 0280! 4 02/0 T U of part' list reps The ) ma8or political parties are now entitled to participate in the part' list s'stem Parties recei*ing at least /I of the total *otes cast for the part'.list s'stem shall be entitled to one seat each Ao part' shall be entitled to more than ( seats Currentl'3 there are /$0 (/08H0280! seats2 ,o /0 I of /$0 are )/ seats2 But this is onl' a ceiling2 # list with ) names should be submitted to CO> & C as to who will represent the part' in the Congress2 "an7ing in the list submitted determines who shall represent part' or organi-ation2

23 'a. po"itica" parties participate in the part.4"ist e"ections? #: Oes3 pro*ided that the political parties themsel*es represent the marginali-ed and under represented sectors3 parties and organi-ations2 (An" :a"on" :a/ani+$'I &abor Part/ . #$%E&E#3 C2 "2 Ao2 1%7)89 /$ Kune /001!2