Election Laws Reviewer Definition: Suffrage the right and obligation of qualified citizens to vote in the election of certain

national and local of the government and in the decisions of public questions submitted to the people. It includes within its scope: election, plebiscite, initiative, referendum and recall. Election the means b which the people choose their officials for a definite and fi!ed period and to whom the entrust for the time being as their representatives the e!ercise of the powers of the government, It involves the choice of selection of candidates to public office b popular vote. "lebiscite a vote of the people e!pressing their choice for against a proposed law or enactment submitted to them. #n election at which an proposed amendment to or revision of the $onstitution is submitted to the people for their ratification. # constitutional requirement o secure the approval of the people directl affected, before certain proposed changes affecting local governments units ma be implemented. Initiative it is the process b which the registered voters directl propose, amend laws, national or local, though an election called for the propose. #mendments to the $onstitution ma li%ewise be directl proposed b the people though initiative. &eferendum' it is at he submission of a law pass b the national or local legislative bod to the registered voters of an election called for the purpose for their ratification or re(ection. &ecall' it is a method b which a public officer ma be removed from office during his tenure or before the e!piration of his term b a vote of the people after registration of a petition singed b a required percentage of the qualified voters. Since the right of suffrage is a political and not a natural right, it is within the power of the state prescribe the manner in which such right shall be e!ercised. $ongress is mandated b the $onstitution )Sec.*, #rt. +,: -o provide a s stem for securing the secrec and sanctit of the ballot, and for absentee voting b qualified .ilipinos abroad, and -o design a procedure for the disabled and the illiterate to vote without the assistance of other persons. -/E $011ISSI02 02 E3E$-I02S $omposition, 4ualifications, #ppointment,

-erm of 0ffice -he $01E3E$ is composed of a chairman and si! )5, $ommission, -he $hairman and the 1embers of the $ommission shall be: 6 natural 'born citizens of the "hilippines 6 at least thirt 'five ears of age 6 holders of a college degree 6 must not have been candidates for an elective position in the immediatel preceding election 6 ma(orit thereof, including the $hairman shall be members of the "hilippines 7ar who have been engaged in the practice of law for at least 89 ears )reason: $01E3E$ e!ercises quasi'(udicial powers, -he $hairman and 1embers are appointed b the president with the consent of the commission on #ppointment for the term seven ):, ears without reappointment on a staggered basis to ma%e the $01E3E$ a continuing and self'perpetuating bod . $onsequentl , its members would have the benefit of the e!perience and e!pertise of the order members of the performance of its functions, and ma%es for greater responsibilit for its policies and decisions and serve as guarantee against arbitrar action which is li%el to occur in a bod handling partisans questions. # member appointment and designations in temporar or acting capacit are not allowed to preserve its independence. Disabilities, inhibitions;disqualifications 8. Shall not, during tenure, hold an other office or emplo ment *. Shall not engage in the practice of profession <. Shall not engage in active management or control of an business which in an a ma be affected b the functions of his office =. Shall not be financiall interested, directl or indirectl , in an contract with, or in an franchise or privilege granted b the >overnment, an of its subdivisions, agencies or instrumentalities, including >0$$ s or their subsidiaries. Safeguards to insure the independence of the $01E3E$

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for reconsideration: It is constitutionall created? ma not be abolished b statute 6 "etition to cancel a certificate of candidac . )>arvida vs. Sales, *:8 S$&# :5=, It is e!pressl described as @independentA 6 $ases appealed from the &-$ or 1-$ )Earate vs. $01E3E$,<8F S$&# 59F, It is conferred with certain powers and functions which cannot be reduced b statute. -he chairman and members cannot be removed e!cept b impeachment. -he chairman and members are given fairl long term of office of seven ears. -he chairman and members ma not be reappointed or appointed in an acting capacit . -he salaries of the chairman and members are relativel high and ma not be decreased during continuance in office. -he $01E3E$ en(o fiscal autonom . -he $01E3E$ ma promulgate its own procedural rules, provided the do not diminish, increase or modif substantive rights )though sub(ect to disapproval b the Supreme $ourt, -he $hairman and 1embers are sub(ect to certain disqualifications calculated to strengthen their integrit . -he $01E3E$ ma appoint their own officials and emplo ees in accordance with $ivil Service 3aws. En 7anc B Division $ases SE$ <, #&- IC'$ @-he $01E3E$ ma sit en banc or in two divisions, and shall promulgate its rules of procedure in order to e!pedite disposition of election cases, including pre' proclamation controversies. #ll such election cases shall be heard and decided in division, provided that motions for reconsideration of decision shall be decided b $01E3E$ en bancA -he Supreme $ourt set aside the resolutionsDdecisions of the $01E3E$ because dthe $01E3E$ en banc to%% original cognizance of the cases without referring them first to the appropriate Division )Sarmiento vs. $01E3E$ *8* S$&# <9:? Earate vs $01E3E$, <8F S$&# 59F, Interlocutor orders issued b a division of the $01E3E$ cannot be elevated to the $01E3E$ en banc. )Gho vs. $01E3E$, *:H S$&# =5<, -he following cases must be decided in Division before the ma be heard en bnc on motion -he $01E3E$ en banc determines the e!istence of probable cause.).aelnar vs. $01E3E$,<<8 S$&# =*H, DE$ISI02S #&- IC'#, Section : @Each commission)$01E3E$, shall decide b a ma(orit vote of all its 1embers an case or matter brought before it within si!t da s from date of its submission for decision or resolution. # case or matter is deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required b the rules of the $ommission or b the $ommission itself. Jnless otherwise provided b the $ommission or b law? an decision, order, or ruling of each $ommission ma be brought to the Supreme $ourt on certiorari b the aggrieved part within <9 da s from receipt of a cop thereof.A -he $01E3E$ shall decide b a ma(orit vote of all its members in an case or matter brought before it within 59 da s from date of its submission for decision or resolution. -wo members shall constitute a quorum for the transaction of the official business of the Division. # case being heard b it shaa be decided with the unanimous concurrence ofc all three $ommissioners and its decision shall be considered a decision of the commission. If this required number is not obtained, as when there is a dissenting opinion, the case ma be appealed to the $ommission en banc, in which case the vote of the ma(orit shall be the decision of the $ommisssion. -he court holds that *'8 decision rendered b the .irst Division was a valid decision under #&- IC'# ,Section : of the $onstitution. .urthermore, the three members who voted to affirm -he $01E3E$ en banc, however, ma directl assume (urisdiction over petitions for correction of manifest errors in the tabulation or tall ing of results )Ststement of votes, b the 7oard of $anvassers, notwithstanding that the same is a pre'proclamation comtrovers . Section I, &ule *: of the 8HH< &ules of the $01E3E$ e!pressl provides that pre' proclamation controversies involving correction of manifest errors in the tabulation of results ma be filed directl with the $01E3E3E$ cen banc. )-orres vs. $01E3E$,*:9 S$&# IF<? &amirez vs. $01E3E$,*:9 S$&# IH9, 6 "etition for certiorari involving incidental issues of election protest.)Soller vs. $01E3E$,<<H S$&# 5FI,

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the .irst Division constituted a ma(orit of the five members who deliberated and voted thereon en banc and their decision is also valid under the aforecited constitutional provisions. )$ua vs. $01E3E$, 8I5 S$&# IF:, 0ne who is no longer a member of the $01E3E$ at the time the final decision or resolution is promulgated cannot validl ta%e part in that resolution or decision,much more could he be the ponente of the resolution or decision.)#mbil vs. $01E3E$, <== S$&# <IF, &J3ES 0. "&0$EDJ&E -he $01E3E$ en banc ma promulgate its own rules concerning pleadinga and practice before it or before an of its offices. Such rules, however, shall not diminish,increase or modif substantive rights. -he &ules of $ourt applies suppletoril to proceedings before the $01E3E$. )"aangarungan vs. $001E3E$,*85 S$&# I**, $02S-I-J-I02#3 "0KE&S #2D .J2$-I02S 6 Enforce and administer laws relative to conduct of elections -he regular courts have no (urisdiction to entertain a petition to en(oin the construction of public wor%s pro(ects within =I da s before an election.)>allardo vs. -abamo,*8F S$&# *I<, 6 Decide election contests involving regional, provincial and cit officials

of their election is cognizable b 1-$s,1-$$s, and 1e-$s. It is the proclamation which mar%s off the (urisdiction of the courts from the (urisdiction of election officials. )1arquez vs. $01E3E$, <8< S$&# 89<, -he $01E3E$ has appellate (urisdiction over election protest cases involving elective municipal officials decided b courts of general (urisdiction. )$arlos vs. #ngeles,<=5 S$&# 5:8, 6 Decide all questions affecting elections -he $01E3E$ has no (urisdiction over questions involving the right to vote which includes qualifications and disqualifications of voters, the right of a person to be registered as voter, the right to cast his vote, and other allied questions. Such questions shall be decided b the courts.) 2aciionalista "art vs. $01E3E$, F= "hil =H, Election contests involving elections of SG officials do not fall within section *I* of the 0E$ and paragraph *,section #&-.IC'$ of the $onstitution and no law in effect prioir tom the ratification of the constitution has made the SG $hairman an elective baranga official. SG elections are under the direct control and supervision of the DI3>. )#hman vs. 1irasol,*:5 S$&# I98, DecisionsDdeterminations made b the $01E3E$ in the e!ercise of this power, being merel administrative)not quasi (udicial, in character, ma be questioned in an ordinar civil action before the trial courts.).ilipinas Engineering vs. .errer,8<I S$&# *I, 6 Deputize law enforcement agencies with the concurrence of the "resident

E3E$-I02 $02-ES- refers to the adversar proceedings before which matters involving the title or claim to an elective office made before or after proclamation of the winner,is settled whether or not the contestant is claiming the office in dispute. It is neither a civil% action nor crimianal proceeding?it is a summar proceeding of a political character. Its purpose is to ascertain the candidate lawfull elected to office.)Lavier vs. $01E3E$,8== S$&# 8H=, -he $01E3E$ has e!clusive appellate (urisdiction over,inter alia, contest involving elective baranga officials decided b trial courts of limited (urisdiction.)7eso vs. abolla,<*: S$&# 899, -he provision of &# 55:H granting appellate (urisdiction to the &-$ over decisions of 1-$s in electoral cases involving elective baranga officials is unconstitutional. ).lores vs. $01E3E$,8F= S$&# =F=, -he $01E3E$ is the proper appellate court clothed with (urisdiction to hear the appeal, which must first be filed wi hin I da s after the promulgation of the 1-$s decision)#ntonio vs. $01E3E$,<8I S$&# 5*, -he election of SG are goverened b the 0mnibus Election $ode. #n contest relating to the election of the SG )including the chairman whether pertaining to their eligibilit or the manner

6 &egister political parties and accredit its citizens arms 6 .ile petitions, investigate and prosecute 6 &ecommend measures to improve election laws 6 &ecommend the imposition of disciplinar action upon an emplo ee it has deputized for violation of its order. Since the $01E3E$ can recommend that disciplinar action be ta%en against an officer it had deputized, idt can investigate an administrative charge against such an officer to determine whether or not it should recommend that disciplinar action can be ta%en against him )-an vs. $01E3E$,*<: S$&# <I<, 6 &egulation of public entities and media' Section =, IC'$ @-he $ommission ma , during the election period, supervise or regulate the en(o ment or utilization of all franchises or permits for the operation of transportation and other public utilities, media of communication or information, all grants special privileges, or

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concessions granted b the >overnment or an subdivision, agenc or instrumentalit thereof, including an government'owned or controlled corporation or its subsidiar . Such supervision or regulation shall aim to ensure equal opportunit , time, and space and the right to repl , including reasonable equal rates therefor, for public information campaigns and forums among candidates in connection with the ob(ective of holding free, orderl , honest, peaceful, and credible elections. -he authorit given to the $01E3E$ is to be e!ercised ofr the purpose of ensuring free, orderl , honest, peaceful and credible elections and onl during the election period. 2ote that >0$$s are among those that ma be supervised and regulated b the $01E3E$. -he S$ upheld the validit of Section 88)b,, &# 55=5, prohibiting the sale odr donation of print space or airtime for political advertisements, and the authorit of the $01E3E$ to procure print space )upon pa ment of (ust compensation, and free airtime for allocation to candidates.)-elecommunication and 7roadcast #ttorne s of the "hilippines vs. $01E3E$,*FH S$&# <<, #n e!it poll is a species of electoral surve conducted b qualified individuals or groups of individuals for the purpose of determining the probable result of an election b confidentiall as%ing randoml selected voters whom the have voted for, immediatel after the have officiall cast their ballot.)#7S'$72 7roadcasting corporation vs. $01E3E$,<*< S$&# F88, #n absolute prohibition would be unreasonabl restrictive,because it effectivel prevents the use of e!it poll data not onl for election'da pro(ections,but also for long term research. -he $01E3E$ concern with the possible non communicative effect of e!it polls'disorder and confusion in the voting centers' does not (ustif a total ban on them. -he holding of e!it polls and the dissemination of their results through mass media constitute an essential part of freedom of speech and of the press. -he reason behind the principle of ballot secrec is to avoid vote bu ing through voter identification )#7S'$72 7roadcasting $orporation vs. $01E3E$, -he S$ held that SE$ I.= of the .air Election #ct prohibiting publication of surve results 8I da s immediatel preceding a national election and : da s before a local election violates the constitutional rights of speech,e!pression,and the press because: a. It imposes prior restraint on the freedom of e!pression? b. It is a direct and total suppression of the categor of e!pression even though such suppression is onl for a limited period? and c. -he governmental interest sought to be promoted can be achieved b means other than the suppression of freedom of e!pression. )Social Keather Station vs. $omelec, >& 2o. 8=:I:8, 1a I,*998, 6 1a%e minor ad(ustments of the apportionment of legislative districts.

or an error in the name of a municipalit and does not include the power to ma%e a reappointment of legislative districts. )1onte(o vs. $01E3E$,*=* S$&# =8I, 6 #d(ust the apportionment in a case of creation of new provinces or cities. -he $01E3E$ is merel authorized to ad(ust the number of congressmen apportioned to an old province if a new province is created out of it and does not authorize the $01E3E$ to transfer municipalities from one legislative district to another. )1onte(o,supra, 6 "ardon violators of election laws. 6 "romulgate rules of procedure concerning pleadings and practice before it or an of its offices. 6 Submit report on how a previous elections was conducted. S-#-J-0&M "0KE&S 8. "ower to declare failure of election and call for special election. *. E!clusive original (urisdiction over all pre'proclamation controversies. <. Issue writs of certiorari, prohibition -he $01E3E$ has the authorit to issue e!traordinar writs of certiorari, prohibition and mandamus in aid of its e!clusive appellate (urisdiction. 7oth the S$ and the $01E3E$ have concurrent (urisdiction to issue writs of certiorari, prohibition, and mandamus over decisions of trial courts of general (urisdiction in election cases involving elective municipal officials. -he court ta%es (urisdiction first shall e!ercise e!clusive (urisdiction over the case. )$arlos vs. #ngeles, <=5 S$&# I:8, =. Summons parties to a controvers pending before it I. Enforce and e!ecute its decisions and orders 5. "unish contempts provided for in the &ules of $ourts. -he $01E3E$ has the power to cite for contempt, but this power ma be e!ercised onl while the $01E3E$ is engaged in the performance of quasi'(udicial functions and not administrative functions.)>uevarra vs. $01E3E$, 89= "/I3 *5H and 1asangca vs. $01E3E$, 5 S$&# *:9, :. "romulgate rules and regulations implementing the Election $ode

-his refers mainl to the power to correct an error because of the omission of a municipalit

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F. E!ercise direct and immediate supervision and control over officials required to perform duties relative to the conduct of election. H. "rescribe forms to be used in the election 89. "rocure an supplies, equ(ipment, materials or services needed for the holding of election 88. "rescribe the use or adoption of the latest technological and electronic devices 8*. $arr out continuing and s stematic campaign to educate the public about elections 8<. .i! other reasonable periods for certain pre'election requirements. 8=. Enlist non'partisan groups to assist.

part , as a result of its choice among various proposals submitted in response to its invitation to bid, is not reviewable b certiorari as it is not order rendered in the legal controvers before it but merel as incident to its inherent administration functions over the conduct of elections. #n question arising from said order ma be ta%en in an ordinar civil action. ).ilipinas Engineering vs. $01E3E$, <== S$&# <IF, -he Supreme $ourt has no power to review via certiorari, an interlocutor order or even a final resolution of a Division of the $01E3E$. )#mbil vs. $01E3E$, *== S$&# <IF, # decision, order or resolution of a division of the $01E3E$ must be reviewed b the $01E3E$ en banc decision ma be brought to the supreme $ourt on certiorari. )#mbil vs. $01E3, <IF, +0-E&S: 4J#3I.I$#-I02 #2D &E>IS-&#-I02

LJDI$I#3 &E+IEK 0. DE$ISI02S #n decision, order or ruling of the $01E3E$ en banc ma be brought to the S$ on certiorari b the aggrieved part within <9m da s from receipt of the cop thereof. Khen the Supreme $ourt reviews a decision of the $01E3E$, the court e!ercises e!traordinar (urisdiction, thus the proceeding is limited to issues involving grave abuse of discretion resulting in lac% or e!cess of (urisdiction and does not ordinaril empower the court to review the factual findings of the $01E3E$. )#ratuc vs. $01E3E$,FF S$&# *I8, -he mode b which a decision, order or ruling en banc ma be elevated to the S$ is the civil action of certiorari under &ule 5I of the 8H5= &evised &ules of $ourt, now e!pressl provided in &ule 5=, 8HH: &ules of $ivil "rocedure, as amended. )#mbil vs. $01E3E$,<== S$&#<IF, # special civil action for certiorari is the proper remed to question an final order, ruling and decision of the $01E3E$ rendered in the e!ercise of its ad(udicator or quasi'(udicial powers.)>uerero vs. $01E3E$,<<5 S$&# =IF, Khat is contemplated b the term @final orders, rulings and decisionsA of the $01E3E$ reviewable b certiorari b the Suprerme $ourt as provided b law are those rendered in actions or proceedings before the $01E3E$ and ta%en cognizance of b the said bod in the e!ercise of its ad(udicator )or quasi'(udicial, powers. )Salva vs. 1a%alintal, <=9 S&# I95, $01E3E$ &esolution 2o. *HF: which provides for the rules and regulations governing the conduct of plebiscite, is not issued pursuant to the $01E3E$Ns quasi'(udicial functions but merel as an incident of its inherent administrative functions over the conduct of plebiscites, and an question pertaining to the validit of said resolution ma be well ta%en in an ordinar civil action before the trial courts.)Salva ,supra, -he alleged nature or the $01E3E$ to implement its resolution ordering the deletion of a candidateNs name in the list of qualified candidates does not call for the e!ercise of the S$Ns function of (udicial review as it is undoubtedl administrative in nature, be ond (udicial interference.)$havez vs. $01E3E$, *88 S$&# <8I, # resolution of the $01E3E$ awarding a contract for the suppl of voting booths to a private

4ualification for Suffrage .ilipino citizenship' it ma be b birth or naturalization. #ge' a person ma be registered as a voter although he is less than 8F ears at the time of registration if he will be at least 8F on the da of election. &esidence' at least 8 ear in the "hilippines, and at least 5 months where he proposes to vote immediatel preceding the election. #n person who, on the da s of registration ma not have been reached the required period of residence but who, on the da of election shall possess such qualification, ma register as voter. 2o literac , propert or other substantive requirement shall be imposed on the e!ercise of suffrage. #n person who temporaril resides in another cit municipalit or countr solel b reason of occupation, profession, emplo ment in public or private service, educational activities, wor% in the militar or naval reservations within the "hilippines, service in the #.", "2" or confinement or detention in government institutions, shall not deemed to have lost his original residence. )Sec. H, &# F8FH, In election cases, the Supreme $ourt treats domicile and residence and residence as s non mous terms. In order to acquire a new domicile b choice, there must concur )8, residence or bodil presence in the new localit ?)*, an intention to remain there? and )<, an intention to abandon the old domicile. -he residence at the place chosen for the new domicile must be actual. )&omualdez vs. &-$,**5 S$&# =95,

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Inclusion and E!clution $ases Disqualifications 8. Lurisdiction 8. #n person sentenced b the final (udgment to suffer imprisonment for not less than one ear. *. #n person ad(udged b the final (udgment of having committed )a, an crime involving dislo alt to the government or )b, an crime against national securit )c, firearms laws. <. Insane or incompetent persons as declared b competent authorit . &emoval of disqualification for conviction 6 "lenar pardon 6 #mnest 6 3apse of I aers after service of sentence )Sec.888, &# F8FH, S stem of $ontinuing &egistration -he personal filing o application of registration of voters shall be conducted dail in the office of the Election 0ffice during regular office hours. 2o registration shall, however, be conducted during the period starting 8*9 da s before a regular election and H9 da s before a special election. )Sec. F, &# F8FH, -he Supreme $ourt upheld the validit of the $01E3E$ resolution den ing the petition of certain outh sectors to conduct a special registration: @"etitioners were not denied the opportunit to avail of the continuing registration under &# F8FH..the law aids the vigilant and not those who slumber on their rightsO @In a representative democrac the right of suffrage, although afforded a prime niche in the hierarch of right embodied in the fundamental law., ought to be e!ercised within the proper bounds frames and framewor% of the $onstitution and must properl ield to pertinent laws s%illfull enacted b the 3egislatureOA @-he right of suffrage ardentl invo%ed b herein petitioners is not at all absoluteOthe e!ercise of suffrage, as the en(o ment of all other rights sub(ect to e!isting substantive and procedural requirement embodied in our $onstitution, statute boo%s and other repositories of law.A )#G7#M#2 Mouth et al. vs. $01E3E$ >& 2o. 8=:955, 1arch *5, *998, b. E!clusion i. #n registered voter in cit or municipalit ii. &epresentative of political part iii. Election 0fficer )Sec. <H, &# F8FH, iv. $01E3E$ PSec. *)5,, #rt. IC $, "$Q <. "eriod for .iling a. Inclusion #n da e!cept 89I da s before regular election or :I da s before a special election. )Sec. *=, &# F8FH, b. E!clusion #n time e!cept 899 da s before a regular election or 5I da s before special election. )Sec. <I &# F8FH, =. "rocedure a. "etition for e!clusion shall be sworn )Sec. <I , &# F8FH, b. Each petition shall refer onl to onl one precinct. )Sec. <I, &# F8FH, c. 2otice i. "arties to be notified I. Inclusion Election &egistration 7oard i. ii E!clusion 5. Election &egistration 7oard :. $hallenged voters PSec. <*)b,, &# F8FHQ "rivate person whose application was disapprove b the Election &egistration 7oard or whose name was stric%en out from the list of waters )Sec. <=, &# F8FH, $01E3E$ PSec. *)5,, #rt. IC'$, "$Q i. 1unicipal or 1etropolitan -rial $ourt original and e!clusive Lurisdiction; ii. &egional -rial $ourt appellate (urisdiction )I da s, )Sec. <<, &# F8FH, iii. Supreme $ourt appellate (urisdiction over &-$ on question of law )8I da s, PSec. I)*, )e,, #rt. +III, "$? Sec. *, &ule =I of the &ules of $ourt.Q *. "etitioners a. Inclusion

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F. 1anner 2otice stating the place da and hour of hearing shall be served through an of the following means: 6 &egistered mail 6 "ersonal deliver 6 3eaving cop in possession of sufficient discretion in residence. 6 "osting in cit hall or municipal hall and two other conspicuous places in the cit or municipalit at least 89 da s before the hearing )Sec. <*)b,, &# F8FH, #n voter, candidate or political part affected ma intervene. )Sec. <*c, &# F8FH, 2on'appearance is prima facie evidence the registered voter is fictitious )Sec. <* )f,, &# F8FH, Decision cannot be rendered on stipulation of facts )Sec. <* )f,, &# F8FH, 2o motion for reconsideration is allowed, )Sec. <<, &# F8FH, #nnulment of 3ist of +oters 8. Jpon verified complaint of an voter, election officer or registered political part or motu propio, the $01E3E$ ma annul a list of votes which was not prepared in accordance with &# F8FH or whose preparation was affected with fraud, briber , forger , impersonation, intimidation, force or other similar irregularit or statisticall improbable. *. 2o list of voters shall be annulled within 59 da s before an election )See. <<, &# F8FH, -he annulment of the list of voters shall not constitute a ground for a pre'proclamation controvers . )Jtutalum vs. $01E3E$, 8F8 S$&# <<I, Khen an assailed order had been issued pursuant to $01E3E$Ns administrative powers in the absence of an finding of grave abuse of discretion in declaring a precinct as non e!istent, said order shall stand, (udicial interference being unnecessar and uncalled forO -he sacred right of suffrage guaranteed b the $onstitution is not tampered when a list of fictitious voters is e!cluded from an electoral e!ercise. )Sarangani vs. $01E3E$, <<= S$&# <:H, Election precinct is the basic unit of territor established b the $01E3E$ for the purpose of voting. # polling place refers to the building or place where the board of election inspectors conduct proceedings and where the voters cast their votes.

+oting center refers to the building or place where the polling place is located. 3ist of voters refers to an enumeration of names of registered voters in a precinct dul certified b the Election &egistration 7oard for use in the election. 7oo% of voters refers to the compilation of all registration records in a precinct. Signature of $hairman at bac% of ever ballot In ever case before delivering an official ballot to the voter, the $hairman of the 7EI shall, in the presence of the voter, affi! his signature at the bac% thereof. .ailure to so authenticate shall be noted in the minutes of the 7EI and shall constitute an election offense punishable under Sections *5< and *5= of the 0E$. I+. "03I-I$#3 "#&-IES #2D "#&-M 3IS- SMS-E1 "olitical part or part when used in the 0E$ means an organized group of persons pursuing the same ideolog , political ideas or platforms of government and includes its branches or divisions. # political part ma refer to a local regional or national part e!isting and dul registered and accredited b the $01E3E$. -o acquire (uridical personalit , qualif for accreditation, and to be entitled to the rights of political parties, a political part must be registered with the $01E3E$. -he following political parties cannot be registered. 8. &eligious sects *. -hose which see%s to achieve their goals through unlawful means <. -hose which refuse to adhere to the $onstitution =. -hose that are supported b an foreign government >&0J2DS .0& $#2$E33#-I02 0. &E>IS-&#-I02 8. #ccepting financial contributions from foreign governments or their agencies )for partisan election purposes., )Sec.*)I,, #rt IC $, "$, *. It is a religious sect or denomination, organization or association organized for religious purposes. <. It advocates violence or unlawful means to see% its goal =. It is a foreign part or organization I. It violates or fails to compl with laws, rules and regulations relating to elections 5. It declares untruthful statements in its petition :. It has ceased to e!ist for at least one ear , and F. .ails to participate in the last two preceding elections, or fails to obtain at least *R of the votes cast under the part list s stem in the two preceding elections for the constituenc in which it was registered. 6 # part which fails to obtain at least 89R of the votes cast in the constituenc in which it

7 CPRDumlao

nominated candidates in the election ne!t following its registration shall forfeit its registration. "art S stem. # free and open part s stem shall be allowed to evolve according to the free choice of the people. PSec *)I, #rt. IC $, "$Q -he "art 3ist S stem, is a mechanism of proportional representation in the election of representatives to the /ouse of &epresentatives, from national, regional and sectoral parties, organizations and coalitions thereof registered with the $01E3E$. -he "art list s stem was devised to replace the reserve seat s stem the ver essence of the part list s stem is representation b election. )+eterans .ederation "art vs. $01E3E$, <=* S$&# *==, >JIDE3I2ES .0& S$&EE2I2> "#&-M 3IS- "#&-I$I"#2-S 8. -he political part , sector, organization must represent the marginalized and underrepresented groups identified in Sec. I of &# :H=8. ma(orit of its membership should belong to the marginalized and underrepresented? "roportional representation refers to the representation of the marginalized and underrepresented as e!emplified b the enumeration in SecD I of the law, namel ? labor peasant, fisherfol%, urban poor, indigenous cultural communities, elderl , handicapped, women outh, veterans, overseas wor%ers and professionals. -he part list organization or part must factuall and trul represent the marginalized and underrepresented constituencies mentioned in Sec. I .)#ng 7agong 7a ani 0.K 3abor "art , et al vs. $01E3E$ et al >& 2o. 8=:IFH. Lune *5, *998, *. Khile even ma(or political parties are e!pressl allowed b &# :H=8 and the $onstitution, the must compl with the declared statutor polic of @.ilipino citizens belonging to marginalized and underrepresented sectors to be elected to the /ouse of &epresentatives. @-hus, the must show that the represent the interest of the marginalized and underrepresented? "olitical parties, even the ma(or ones, ma participate in the part list elections, e!cept for purposes of 1a 88, 8HHF elections. -he requisite character of these organizations must be consistent with the purpose of the part list s stem, as laid down in the $onstitution and &# :H=8 . . . Jnder the $onstitution and &# :H=8, provide respondents cannot be disqualified from the part list elections, merel on the ground that the are political parties. Sec. I #rt. +I of the $onstitution provides that members of the /ouse of &epresentatives ma be elected through a part list s stem of registered national, regional and sectoral parties or organizations. .urthermore, under Secs. : and F, #rt IC $ of the $onstitution, political parties ma be registered under the part list s stem. )#ng 7agong 7a ani 0.K 3abor "art , et al vs. $01E3E$, et al. >& 2o. 8=:IFH, Lune *5, *998,

<. -hat religious sector ma not be represented in the part list s stem, e!cept that priest, imam or pastors ma be elected should the represent not heir religious sect but the indigenous communit sector. =. # part or an organization must not be disqualified under Sec. 5, &# :H=8? I. -he part organized must not be ad(unct of, or a pro(ect organized or an entit funded or assisted b , the government? 5. -he part , including its nominees must compl with the qualification requirements of Sec. H, &# :H=8 as follows: 2o person shall be nominated as part list representative unless he is: a. natural born citizen of the "hilippines b. a registered voter, c. a resident of the "hilippines for a period not of no less than one ear immediatel preceding the da of the election? d. able to read and write? e. a bonafide member of the part or organization which he see%s to represent for at least H9 da s preceding the da of the election? and f. #t least *I ears of age on the da of the election. In case of a nominee of the outh sector, at least be *I but not more than <9 ears of age on the da of the election. #n outh sectoral representative who attains the age of <9 during his term shall be allowed to continue in office until the e!piration of his term. :. 2ot onl the candidate part or organization must represent marginalized and underrepresented sectors, so also must its nominees? F. Khile lac%ing a well defined political constituenc , the nominee must li%ewise be able to contribute to the formation and enactment of appropriate legislation that will benefit the nation as a whole. -he parameters of the .ilipino "art 3ist S stem are: )8, the twent percent allocation, )*, the two percent threshold? )<, the three seat limit? and )=, proportional representation. 6 -he $onstitution ma%es the number of district representatives the determinant in arriving at the number of seats allocated for part list lawma%ers, a formulation which means that an increase in the number of district representatives, an as ma be provided b law, will necessaril result in a corresponding increase in the number of part list seats . . . .. 6 Sections I )*,, #rt. +I of the $onstitution is not mandator , it merel provides a ceiling for part list seats in $ongress . . 0btaining absolute proportional representation is restricted

8 CPRDumlao

b the three'seat'per'part limit to a ma!imum of two additional slots . . 6 Jnder the 2ieme er formula, the number of additional seats to which a qualified part would be entitled is determined b multipl ing the remaining number of seats to be allocated b the total number of votes obtained b that part and dividing the product b the total number of votes garnered b all the qualified parties. -he 2ieme er formula, while no doubt suitable for >erman , finds no application in the "hilippine setting because of our three seat limit and the non mandator character of the twent percent allocation. )#ng 7agong 7a ani 0.K 3abor "art , et al vs. $01E3E$, et al. >& 2o.8=:IFH, Lune *5, *998, +. $#2DID#-ES #2D $E&-I.I$#-ES 0. $#2DID#$M 4J#3I.I$#-I02S 0. $#2DID#-ES #. 2ational #rts. +I and +II, "$ 8. "resident and +ice "resident *. Senators <. $ongressmen District and "art 3ist &epresentatives 7. 3ocal Sec.<H, 3ocal >overnment $ode 4ualifications prescribed b law are continuing requirements and must be possessed for the duration of the officerNs active tenure. 0nce an of the required qualifications is lost, his title to the office ma be seasonabl challenged. ).rivaldo vs. $01E3E$, 8:= S$&# *=I and 3abor vs. $01E3E$, 8:5 S$&# 8, &esidence In 1arcos vs. $01E3E$, *=F S$&# <99, the Supreme $ourt upheld the qualification of I&1arcos despite her own declarations in her certificate of candidac that she had resided in the district for onl seven months because of the following: 8. # minor follows the domicile of his parents? -acloban became I&1s domicile of origin b operation of law when her father brought the famil to 3e te? *. Domicile of origin is lost onl when there is actual removal or change of domicile, a bonafide intention of abandoning the former residence and establishing a new one, and acts which correspond with the purpose? in the absence of clear and positive proof of the concurrence of all these, these domicile of origin should continue? <. -he wife does not automaticall gain the husbandNs domicile because the term @residenceA in $ivil 3aw does not mean the same thing in "olitical 3aw, when I&1 married 1arcos in 8HI=, she %ept her domicile or origin and merel gained a new home, not a domicilium necessarium?

=. Even assuming that she gained a new domicile after her marriage and acquired the right to choose a new one onl after her husband died, her acts following her return to the countr clearl indicate that she chose -acloban, her domicile of origin, as her domicile of choice. 6 In #quino vs. $01E3E$, *=F S$&# =99, the Supreme $ourt held that #gapito #quino failed to prove that he had established not (ust residence but domicile of choice in 1a%ati. In his certificate of candidac , he indicated that he was a resident of San Lose $oncepcion, -arlac for I* ears, he was a registered voter of the same district, his birth of certificate places $onception, -arlac as birthplace. -hus, his domicile of origin was $onception, -arlac, and his bare assertion of transfer of domicile from tarlac to 1a%ati is hardl supported b the facts of the case. 6 Khen the $onstitution spea%s of residence the word should be understood, consistent with Kebster, to mean actual, ph sical and personal presence in the district that a candidate see%s to represent 6 -he original concept of domicile, which arose from #merican (urisprudence was not intended to govern political rights, it was designed to resolve the conflict of laws between or among state where a decedent ma have lived for various reasons, for the purpose of determining which law was applicable as regards his estate . . . #ppl ing the concept of domicile in determining residence as a qualification for an elective office would negate the ob(ective behind the residence requirement set forth under the law . . . )Domino vs. $01E3E$ <89 S$&# I=5, -he place where the part actuall or constructivel has his permanent home, where he, no matter where he ma found at an given time, eventuall intends to return and remain, i.e., his domicile, is that to which the $onstitution refers when it spea%s of residence for the purposes of election law . . . -he registration of a voter in a place other than his residence of origin is not sufficient to consider him to have abandoned or lost his residence. )"erez vs. $01E3E$, <8: S$&# 5=8, -he rationale of requiring candidates to have a minimum period of residence in the area in which the see% to be elected is to prevent the possibilit of a stranger or newcomer unacquainted with the conditions and needs of a communit and not identified with the latter from see%ing an elective office to serve that communit . . . -he classification of an area as a highl urbanized or independent component cit , for that matter, does not completel isolate its residents, politics, commerce and other businesses from the entire province, and vice versa, especiall when the cit is located at the ver heart of the province itself . . -he residence requirement is rooted in the desire that officials of districts or localities are

9 CPRDumlao

acquainted not onl with the metes and bounds of their constituencies but, more important, with the constituents themselves, and a ver legalistic, academic and technical approach to the resident requirement does not satisf this simple, practical and common sense national for the residence requirement. )-ora na vs. $01E3E$ <<: S$&# I:=,

sentence )Sec. 8*, 7" FF8, >rounds under the 3ocal >overnment $ode Sec. =9 #. -hose sentenced b final (udgment for an offense involving moral turpitude or an offense punishable b imprisonment for at least one ear, within two ears after service of sentence.

"hilippine citizenship -he lost citizenship ma be reacquired under Sec. 8 of &# *5<9, which provides that an person who had lost his "hilippine citizenship b rendering service to, or accepting commission in, the #rmed .orces of the Jnited States, or after separation from the #rmed .orces of the Jnited States, acquired Jnited States citizenship b ta%ing an oath to the &epublic of the "hilippines and registering the same with 3ocal $ivil &egistr in the place where he resides or last reside in the "hilippines. -he said oath of allegiance shall contain a renunciation of an other citizenship. )7engson III vs. /&E-, et al. >& 2o. 8=*F=9, 1a :, *998, &epatriation results in the recover of the original nationalit . -his means that a naturalized .ilipino who lost his citizenship will be restored to his prior status as a naturalized .ilipino citizen. 0n the other hand, if he was originall a natural'born citizen before he lost his "hilippine citizenship, he will be restored to his former status as a natural born .ilipino. )7engson, supra, Disqualifications >rounds Jnder the 0mnibus Election $ode #. #n person declared b competent authorit insane or Incompetent 7. #n person sentenced b final (udgment for an of the .ollowing offenses: 8. Insurrection or rebellion *. 0ffense for which he was sentenced to penalt of 1ore than 8F months <. $rime involving morale turpitude )Sec. 8*, 7" FF8, $. # permanent resident to or immigrant to foreign countr Jnless he waives such status )Sec. 5F, 7" FF8, D. &emoval? Insanit or incompetence declaration of removal b competent authorit E. $onviction? unless granted plenar pardon, amnest ? or 3apse of I ears after service of

7. -hose removed from office as a result of an administrative case. #n elective local official who was removed from office prior to Lanuar 8, 8HH* is not disqualified from running for elective local office )>rego vs. $01E3E$, *:= S$&# =F8, $. -hose convicted b final (udgment for violating his oath of allegiance to the &epublic. D. -hose with dual citizenship''-he phrase @dual citizenshipA in &# :859, Sec. =9 )d, and &# :FI=, Sec. *9 must be understood as referring to @dual allegiance.A $onsequentl , persons with mere dual citizenship do not fall under this disqualification. .or candidates with dual citizenship, it should suffice if, upon the filing of their certificates of candidac , the elect "hilippine citizenship to terminate their status as persons with dual citizenship considering that their condition is the unavoidable consequence of conflicting laws of different states. )1ercado vs. 1anzano, <9: S$&# 5<9, E. .ugitives from (ustice in criminal or non political cases. .. -he term includes not onl those who flee after conviction to avoid punishment, but li%ewise who, after being changed, flee to avoid prosecution. )1arquez vs. $01E3E$, *=< S$&# I<F, >. "ermanent residents in foreign countr or those who have the right to reside abroad and continue to avail of it. )$aasi vs. $#, 8H8 S$&# **H, /. -he insane or feeble minded. -hree consecutive terms limit -he term limit for elective local officials must be ta%en to refer to the right to be elected as well as the right to serve in the same elective position. $onsequentl , it is not enough that an individual has served three consecutive in an elective local office, he must also have been elected to the same position for the same number of times before the disqualification can appl : )7or(a vs. $01E3E$, >& 2o. 8<<=HI, September <, 8HHF, $onditions for the application of the disqualification: )8, the official concerned has been elected for three consecutive terms in the same local government post and )*, that he has full served three consecutive terms . . .

10 CPRDumlao

# proclamation subsequentl declared void is no proclamation at all and while a proclaimed candidate ma assume office on the strength of the proclamation of the 7oard of $anvassers he is onl a presumptive winner who assumes office sub(ect to the final outcome of the election protest . . +oluntar renunciation of a term of office does not cancel the renounced term in the computation of the three term limit? conversel involuntar severance from the office for an length of time short of the full term provided b law amounts to an interruption of continuit of service. )3onzanida vs. $01E3E$, <88 S#$&# 59*, 8. Jnder the &evised #dministrative $ode 1unicipal 0ffice 6 Ecclesiastics )"amil vs. -eleron, I5 S$&# =8<, 6 "ersons receiving compensation from provincial or municipal funds 6 $ontractors for public wor%s of the municipalit *. Jnder the 3one candidate 3aw &# F*HI

7efore the deadline for filing certificates he ma withdraw all e!pect one, declaring under oath the office for which he desires to be eligible and cancel the certificate of candidac for other office or offices. )>o vs. $01E3E$, >& 2o. 8=::=8, 1a 89, *998, .orms 0ath -he certificate must be sworn. )Sec. :<, 7" FF8, -he election of a candidate cannot be annulled because of formal defects in his certificate, such as held of oath )>uzman vs. 7oard of $anvassers, =F "hil *88, 2ame # candidate shall use his baptismal name or full name, the name registered with the civil registrar or an other name allowed b law. /e ma include one nic%name or stage name b which he is generall %nown.

#n elective official who has resigned from his office b accepting an appointive office to become vacant due to his resignation? and #n person who, directl or indirectl coerces, bribes, threatens, harasses, intimidates or actuall causes, inflicts or produces an violence, in(ur , punishment, torture, damage, loss or disadvantages to an person or persons aspiring to become a candidate or that of the immediate member of his famil , his honor or propert that is meant to eliminate all other potential candidates. $ertificates of $andidac 2o person shall be eligible for an elective public unless he files a sworn certificate of candidac within the period fi!ed b the 0mnibus Election $ode. Deadline

Khen two or more candidates for the same office have the same name or surname, each shall state his paternal and maternal surnames, e!cept the incumbent )See. :8, 7" FF8, "lace and "eriod of .illing .or "resident, +ice "resident and Senators: main office of the $01E3E$ in 1anila, I copies, not later than H9 da s before date of election. .or 1embers of the /ouse of &epresentatives: "rovincial legislative districts "rovincial Election Supervisor of the "rovince concerned 2$& legislative districts &egional $01E3E$ Directors 3egislative districts in cities outside 2$& $it Election registrar concerned

$ertificate of candidac must be filed not later than the da before the date for the beginning of the campaign period. )Sec. :, &# :855, # certificate filed be ond the deadline is not valid. )>ador vs. $01E3E$, HI S$&# =<8, "rohibition against multiple candidacies # person who files a certificate of candidac for more than one office should be eligible for an of them. )Sec :<, 7" FF8,

.or provincial offices "rovincial Election Supervisor of the province concerned. $it and 1unicipal offices $it or 1unicipal Election &egistrar concerned. -he certificates of candidac of 1embers of the /ouse of &epresentatives, "rovincial, cit or municipal officials shall be filed in I copies not later than =I da s before the election.

11 CPRDumlao

-he certificate of candidac shall be filed b the candidate personall or his dul authorized representative. 2o certificate of candidac shall be filed or accepted b mail, telegram or facsimile. -he evident purpose of the law in requiring the filing of certificate of candidac and in fi!ing the time limit therefore are? )8, to enable the voters to %now, at least si!t da s before the regular election, the candidates among whom the are to ma%e the choice, and )*, to avoid confusion and inconvenience in the tabulation of the votes to the dul registered candidates, there might be as man persons voted for as there are voters, and votes might be cast even for un%nown or fictitious persons, as mar% to identif the votes in favor of a candidate for another office in the same election. )1iranda vs. #ba a, <88 S$&# 58:, Dut of $01E3E$ Sub(ect to its authorit over nuisance candidates and its power to den due course or cancel a certificate of candidac , the rule is that the $01E3E$ shall have onl the ministerial dut to receive and ac%nowledge receipt of the certificates of candidac . )Sec. :F, 7" FF8, Effect .iling #n appointive public official is considered resigned upon filing of his certificate. )Sec. 55, 7" FF8?Sanciangco vs. &ono, 8<:, S$&# 5:8,.-his includes an emplo s of a >0$$ organized under the $orporation $ode )Kithout original charter,, since the law ma%es no distinction. )"20$ ED$ vs. 23&$, *** S$&# F<8, #n elective official, whether national or local who has filed a certificate of candidac for the same or an other office shall not be considered resigned from office. )sec. *5, $01E3E$ &esolution 2o. <5<5, &ules and &egulations Implementing &# H995, Kithdrawal of $ertificate of $andidac .orm written declaration under oath. -here was no withdrawal of candidac for the position of ma or where the candidate, before the deadline for filing certificates of candidac , personall appeared in the $01E3E$ office, as%ed for his certificate of candidac and intercalated the word @viceA before the word ma or and the following da wrote the election registrar sa ing that his name be included in the list of official candidates for ma or. )+ivero vs. $01E3E$, 3 F89IH, Lan 8*, 8HFH, Since his certificate of candidac for the office of board member was filed b his part , and the said part had withdrawn the nomination which withdrawal was confirmed b the candidate under oath, there was substantial compliance with Sec. :<. /is filing under oath within the statutor period of his individual certificate for candidac for the separate office of ma or was, in effect, a re(ection of the part nomination on his behalf for the office of board member. )&amirez vs. $01E3E$, 3'F88I9, Lan 8*, 8HH*,

Substitution of $andidac Sec. :: 7" FF8? Sec. 8*, &# H995 If after the last da for filing certificates, a candidate dies, withdraws or is disqualified, he ma be substituted b a person belonging to his part not later than the mid da of election. Said certificate ma be filled with an board of election inspectors in the political subdivision where he is an electorate of the countr , with the $01E3E$. )Domingo vs. $it 7oard of $anvassers, >& 2o. 89I<5I, Lune *, 8HH*, Even if the withdrawal was not under oath, the certificate of the substitute cannot be annulled after the election. Such technicalit of the original candidateNs withdrawal of his certificate of candidac cannot be used to override the peopleNs will in favor to the substitute candidate. -he legal requirement that the withdrawal be under oath will be held to be merel director and the candidateNs failure to observe the requirement is considered a harmless error. /ence the bona fide certificate of the substitute candidate cannot be assailed. -he votes in his favor should be counted. )+illanueva vs. $01E3E$, 8=9 S$&# <I*, In case of valid substitutions after the official ballot have been printed, the votes cast for the substituted candidates shall be considered as man votes but shall not invalidate the whole ballot. .or this purpose, the official ballots shall provide spaces where the voters ma write the name of substitute candidates if the are voting for the latter. )See. 8*, &# H995, -here is nothing in the $onstitution or statute which requires as condition precedent that a substitute candidate must have been a member of the part concerned for a certain period of time before he can be nominated as such. )Sinaca vs. 1ula, <8I S$&# *55, # valid certificate of candidac is li%ewise an indispensable requisite in the case of a substitution of a disqualified candidate under the provisions of Sec. :: of the Election $ode . . . -he concept of a substitute presupposes the e!istence of the person to be substituted, for how can a person ta%e the place of somebod who does not e!ist or who never was... # disqualified candidate ma onl be substituted if he had a valid certificate of candidac in the first place because, if the disqualified candidate did not have a valid and seasonabl filed certificate of candidac , he is and was not a candidate at all. If a person was not a candidate, he cannot be substituted under Sec. :: of the $ode . . . . Khile Sec. :F of the Election $ode enumerated the occasion where a candidate ma validl substitute there is no mention of the case where a candidate is e!cluded not onl b disqualification but also b denial and cancellation of his certificate of candidac )1iranda vs. #ba a, <88 S$&# 58:, In case of valid substitutions after the official ballots have been printed, the votes cast for the substituted candidates shall be considered as stra votes but shall not invalidate the whole

12 CPRDumlao

ballot. Sec. 8*, &# H995. amending Sec. 8* of &# F=<5, DIS4J#3I.I$#-I02 0. $#2DID#-ES 8. >rounds +iolation of 0mnibus Election $ode Sec. 5F >iving mone or other material consideration to influence voters or public officials performing electoral functions $ommitting acts of terrorism to enhance his candidac Spending in his election campaign in e!cess of the amount allowed b the $ode Soliciting, receiving or ma%ing an prohibited contribution +iolations of Secs. F9, F<, FI, F5 and *58, paragraphs d, e, %, v and cc, sub'paragraph 5. 2uisance candidate Sec. 5H # petition to disqualif a candidate for councilor for failure to indicate in his certificate of candidac the precinct number and the baranga as a registered voter cannot be considered a petition to disqualif him for being a nuisance candidate, since his certificate was not filed to ma%e moc%er of the election or to confuse the voters. )Lurilla vs. $01E3E$, *<* S$&# :IF, .alsit of material representation in certificate of candidac . Sec. :F -he $01E3E$ has (urisdiction over a petition to disqualif a candidate for congressman for ineligibilit before he has been proclaimed and has assumed office )1arcos vs. $01E3E$, *=F S$&# <99? #quino vs. $01E3E$, *=F S$&# =99, *. "rocedure for disqualification of candidates -he petition shall be filed b an registered candidate for the same 0ffice within I da s from the last da of filing of certificates of $andidac . )Secs. Ia and :, &# 55=5, Jnder the election laws and the $01E3E$ &ules of "rocedure, an voter ma file a petition to disqualif a candidate on grounds provided b law. )-ora no vs.$01E3E$, <<: S$&# I:=, -he fact that no doc%et fee was initiall paid is not fatal. -he "rocedural defect as cured b the subsequent pa ment of the doc%et fee. )Sunga vs. $01E3E$, **F S$&# :5, # petition filed after the election is filed out of time. )3oong vs.$01E3E$, *85 S$&# :5H, Since the filing b facsimile transmission is not sanctioned and a facsimile cop is not an original pleading, a petition for disqualification should be deemed filed upon the filing of the

original petition. )>arvida vs. Sales, *:8 S$&# :5=, Khere a qualified candidate was replaced on the da before the election, a petition to disqualif the replacement filed on election da should be entertained, as it was impossible to file the petition earlier. )#bella vs. 3arrazabal, 8F9 S$&# I9H, -he $01E3E$ ma motu propio refuse to give due course or cancel a certificate of candidac . )Sec. 5H, 7" FF8, -he proceeding shall be summar . )2olasco vs. $01E3E$, *:I S$&# :5*, -he $01E3E$ can decide a disqualification case directl without referring it to its legal officers for investigation. )2olasco, supra, -he decision shall be final and e!ecutor after I da s from receipt unless sta ed b the Supreme $ourt PSecs. I)e, and :, &# 55=5Q E..E$-S 0. DIS4J#3I.I$#-I02 $#SE #fter final (udgment '#n candidate who has been declared b final (udgment to be disqualified shall not be voted for, and the votes cast for him shall not be counted. 7efore final (udgment If for an reason a candidate is not declared b final (udgment before an election to be disqualified and he is voted for and receives the winning number of votes in such election the $ourt or $ommission shall continue with the trial and hearing of the action, inquir or protest and, upon motion of the complainant or an intervenor, ma , during the tendenc thereof, order the suspension of the proclamation of such candidate whenever the evidence of guilt is strong. )Sec. 5, &# 55=5, -he purpose of a disqualification proceeding is to prevent the candidate from running or, if elected, from serving, or to prosecute him for violation of election laws. -he fact that a candidate has been proclaimed and had assumed the position to which he was elected does not divest the $01E3E$ of authorit and (urisdiction to continue the hearing and eventuall decide the disqualification. -he $01E3E$ should not dismiss the case simpl because the respondent has been proclaimed. )Sunga vs. $01E3E$, *FF S$&# :5 and 3onzanida vs. $01E3E$, <88 S$&# 58:, Sec. 5 of &# 5585 authorizes the continuation of proceedings for disqualification even after the elections if the respondent has not been proclaimed. )"erez vs. $01E3E$, <8: S$&# 5=8, # disqualification case ma have two aspects, the administrative, which required onl a preponderance of evidence to prove disqualification, and the criminal, which necessitates

13 CPRDumlao

proof be ond reasonable doubt to convict. -here is no provision in &# 55=5 that treats of a situation where the complaint for disqualification is filed after the election. . . . Second paragraph of paragraph * of &es. 2o. *9I9 provides that where a complaint is filed after the election but before proclamation, as in this case, the complaint must be dismissed as a disqualification case but shall be referred to the 3aw Department for preliminar investigation. Kh there is a difference between a petition for disqualifications before and after the election proceeds from the fact that before the electorate and those who vote for the candidate assume the ris% that should said candidate be disqualified after the election, their votes would be declared stra or invalid votes and that would not be true in the case of one filed after the electorate has alread voted . . . )7agatsing vs. $01E3E$, <*9 S$&# F8:, -he $01E3E$ can legall suspend the proclamation of the winning candidate although he received the winning number of votes.)3abo vs. $01E3E$, *88 S$&# *H:,. -he use of the word @ma A, indicates that the suspension of the proclamation is merel director and permissive in nature and operates to confer discretion. Khat is made mandator is the continuation of the trial and hearing of the action, inquir or protest. Since the suspension of the proclamation is merel permissive, the proclamation of a candidate is valid, if the $01E3E$ did not suspend his proclamation. )>rego vs. $01E3E$, *:= S$&# =F8, Jnder the same provision, intervention ma be allowed in proceedings for disqualification even after election if there has et no final (udgment rendered. )1ercado vs. 1azano, <9: S$&# 5<9, Khere the votes cast for a nuisance candidate whose disqualification had not et become final on election da were tallied separatel , the should be counted in favor of the petitioner. )7autista vs. $01E3E$, *HF, S$&# =F9, -/E 302E $#2DID#-E 3#K -he 3one $andidate 3aw is &# F*HI, enacted Lune 5, 8HH:. Section * thereof provides the upon the e!piration of the deadline for the filing of certificate of candidac in a special election called to fill a vacanc in an elective position other than for "resident and +ice'"resident, when there is onl one )8, qualified candidate for such position, the lone candidate shall be proclaimed elected to the position b proper proclaiming bod of the $01E3E$ that he is the onl candidate for the office and is thereb deemed elected. Section < thereof also provides that the lone candidate so proclaimed shall assume office not

earlier than the scheduled election da , in the absence of an lawful ground to den due course or cancel the certificate of candidac in order to prevent such proclamation. +I. $#1"#I>2? E3E$-I02 "&0"#>#2D#? $02-&I7J-I02S #2D EC"E2DI-J&ES Election campaign or partisan political activit refers to an act designed to promote the election or defeat of a particular candidate or candidates for public office. )Sec. :H, 7" FF8, a. If done for the purpose of enhancing the chances of aspirants for nomination for candidac to a public office b a political part , etc, it shall not be considered as election campaign or partisan political activit . b. It shall be unlawful for an person or an part to engage in election campaign or partisan political activit e!cept during the campaign period. c. 1embers of the $ivil Service to engage, directl or indirectl , in an electioneering or partisan political campaign. #. 2omination of candidates 8. "resident, +ice'"resident and Senators not earlier than 85I before election date *. $ongressmen, provincial, cit or municipal officials not earlier than :I da s before election da 7. $ampaign period 8. "resident, +ice'"resident and Senators H9 da s before election da *. $ongressmen, provincial, cit and municipal officials =I da s before election da . $. 3awful propaganda 8. .orms *. "amphlets, leaflets, cards, decals, stic%ers and written or printed materials not more than F S inches b 8= inches <. /andwrittenDprinted letters =. $loth, paper or cardboard, posters measuring, not more than * feet b < feet < b F ft. allowed in announcing at the site on the occasion of a public meeting or rall , ma be displa ed I da s before the date of rall but shall be removed within *= hours after said rall . I. "aid print advertisements: T page in broadsheets and S pages in tabloids thrice a wee%

14 CPRDumlao

per newspaper, magazine or other publication during the campaign period. )Sec. =, &# H995, E. &allies 5. 7roadcast 1edia)i.e., -+ and radio, 2ational "ositions: 8*9 minutes for -+, 8F9 minutes for radio D 3ocal "ositions: 59 minutes for -+, H9 minutes for radio :. 0ther forms of election propaganda not prohibited b the 0mnibus Election $ode and &# H995, and authorized b the $01E3E$. &equirement 8. #n published or printed political matter or broadcast of election propaganda b television or radio for or against a candidate or group of candidates to an public office shall bear and be reasonabl legible or audible words @political advertisement paid for,A followed b the true and correct name and address of the candidate or part for whose benefit the election propaganda was printed or aired. *. If the broadcast is given free or charge b the radio or television station, it shall be identified b the word @airtime for this broadcast was provided free of charge b A followed b the true and correct name and address of the broadcast entit . <. "rint, broadcast or outdoor advertisements donated to the candidate or political part shall be printed, published, broadcast or e!hibited without the written acceptance b the said candidate or political part . Such written acceptance shall be attached to the advertising contract and shall be submitted to the $01E3E$. )Sec. =, &# H995, D. "rohibited $ampaign 8. "ublic e!hibition of a movie, cinematograph or documentar portra ing the life or biograph of a candidate during campaign period.; *. "ublic e!hibition of a movie, cinematograph or documentar portra ed b an actor or media personalit who is himself a candidate? <. Jse of airtime for campaign of a media practitioner who is an official of a part or a member of the campaign staff of a candidate or political part . Sc ope 8. "rohibiting the posting of decals and stic%ers e!cept in the common posting area authorized b the $01E3E$ is not valid )#diong vs. $01E3E$, *== S$&# *:*, *. 1ass media ma report news relating to candidates, and mass media practitioners ma give their opinion regarding candidates. )2ational "ress $lub vs. $01E3E$, *9: S$&# 8, 8. #n application for permit for a rall shall not be denied e!cept on the ground that a prior written application for the same purpose has been approved. # denial is appealable to the provincial election supervisor or $01E3E$. )Sec. F:, 7" FF8, *. It is unlawful to give or accept transportation, food, drin%s or things of value within I hours before and after a public rall , before election da and on election da . )Sec. FH 7" FF8, .. "rohibited donations It is prohibited for an candidate, his spouse, relative within second degree of consanguinit or affinit , or representative to ma%e an contribution for an structure for public use or for use of an religious or civic organization e!cept the normal religious dues and pa ment for scholarships established and school contributions habituall made before the campaign period. )Sec. 89=, 7" FF8, >. "rohibited contributions 2o political contribution shall be made b the following: 8. "ublic or private financial institutions *. "ublic utilities and those who e!ploit natural resources -hus, where an operator of a public utilit disguised a contribution to a candidate for governor as loan, the promissor note is void: )halili vs. $ourt of #ppeals, F< S$&# 5<<, <. "ersons who hold contracts or sub'contracts to suppl the government with goods and services. =. "ersons granted franchises, incentives, e!emptions or similar privileges b the government I. "ersons granted loans in e!cess of "*I, 999 b the government or an of its subdivisions or instrumentalities 5. Schools which received grants of public funds of at least "899,999 :. Emplo ees in the $ivil Service or members of the #rmed .orces. F. .oreigners )Sec. HI , 7p FF8, H. $orporations )sec. <5 )H,, $orp. $ode, /. Equal #ccess to 1edia -ime and Space #ll registered parties and bonafide candidates shall have equal access to media time and space . -he following guidelines ma be amplified on b the $01E3E$. 8. 2o franchise or permit to operate a radio or television shall be granted or issued, suspended or cancelled during the election period. *. #n mass media columnist, commentator, announcer, reporter, on'air

15 CPRDumlao

correspondent or personalit who is a candidate for an elective public office or is a campaign volunteer for or emplo ed or retained in an capacit b an candidate or political part shall be deemed resigned, if so required b their emplo ers, or shall ta%e a leave of absence from his wor% as such during the campaign. #nd that an media practitioner who is an official candidate of a political part or member of the campaign staff of a candidate or political part shall not use his media time and space to favor an candidate or political part . I. 3imitation on e!penses Sec. 8<, &# :855 8. $andidates a. "resident and vice president "89 per voter b. 0ther candidates "< per voter in his constituenc c $andidate without political part "I per voter d. "art Dorganization and coalition participating in the part list s stem "I per voter *. "olitical part and coalition "I per voter in the constituenc where it has candidates. )sec. 8<, &# :855, L. Statement of contributions and e!penditures 8. .iling a. ever candidate and treasurer of political part shall file within <9 da s after election da a statement of contributions and e!penditures. b. 2o persons elected shall assume office until he and his political part has filed the required statements *. "enalties a. .irst 0ffense administrative fine from " 8,999 to "<9, 999 b. Subsequent offense i. #dministrative fine from "*,999 to "59, 999 ii. "erpetual disqualification to hold public office )Sec. 8=, &# :855, <. Effect of withdrawal # candidate who withdraws his certificate of candidac must still file a statement of contributions and e!penditures, for the law ma%es no distinction. )"ilar vs. $01E3E$, *=I S$&# :IH, +II. E3E$-I02? 70#&D 0. E3E$-I02 I2S"E$-0&S )7EI,? K#-$/E&S GI2DS 0. E3E$-I02 8. >eneral election is one provided for b law for the election to offices throughout the State,

*. Special Election is one provided for b law to fill vacanc in office before the e!piration of the full term for which the incumbent was elected or one fi!ed b the $01E3E$ due to postponement or suspension of the election or the failure to elect. <. &ecall election is an election b means of which voters decide whether the should retain their local official or elect his replacement. )$laudio vs. $01E3E$, <<8 S$&# <FF, E3E$-I02 "E&I0D Jnless otherwise fi!ed b the $01E3E$ in special cases, the election period shall commence H9 da s before the da of the da of the election and shall end <9 da s thereafter. PSec. H, #rt. IC $, "$Q D#-E 0. E3E$-I02 -he regular election of the "resident, +ice'"resident, Senators and 1embers of the /ouse of &epresentatives and local officials, e!cept baranga officials, shall be on the second 1onda of 1a once ever three ears. In accordance with the constitutional polic to s nchronize elections, the regular election for national and local officials is now held simultaneousl . )&# :855, Jnder 55:H, regular elections for baranga officials shall be held once ever five ears. E3E$-I02 0. S#2>>J2I#2> 1E17E&S 8. .or provinces with two or more legislative district the elective members of Sangguniang "anlalawigan )Spn, shall be elected b legislative districts. *. .or provinces with onl one legislative district the $01E3E$ shall divide them into districts for purposes of electing the members of the S"n? <. .or cities in 1etro 1anila #rea, $ebu $it , Davao $it or an other cit with two or more legislative district governed b Secs. * and < of &# 55F5. =. .or municipalities in 1etro 1anila the $01E3E$ shall divide them into two districts b barangga for purposes of electing members of the S7. "0SE"02E1E2- 0. E3E$-I02 Khen for an serious cause such as violence, terrorism, loss or destruction of election paraphernalia or records, force ma(eure, and other analogous cases of such nature that the holding of a free, orderl and honest election should become impossible in an political subdivision, the $01E3E$, motu propio or upon a verified petition b an interested part , and after due notice and hearing, whereb all interested parties are afforded equal opportunit to be heard, shall postpone the election therein. )Sec. I, 7" FF8, #n election officer alone, or even with the agreement of the candidates, cannot validl postpone or suspend the election. )7asher vs. $01E3E$, <<9 S$&# :<5,. . . It is essential to the validit of the election that the voters have notice in some form, either actual or constructive, of the time, place and purpose thereof )7asher vs. $01E3E$, supra,

16

CPRDumlao

# petition to postpone elections should be addressed to the $01E3E$, sub(ect to the remed of review provided for in #rt IC # Section :. In fi!ing the date of special elections the $01E3E$ should see to it that: 8. It should not be later than thirt )<9, da s after the secession of the cause of the postponement of suspension of the election or a failure to elect? and *. It should be reasonabl close to the date of the election not held, suspended or which resulted in the failure to elect.)"angandaman vs. $01E3E$, <8H S$&# *F<, # special election is not valid if notice of its date and of the transfer of the precincts was given less than a da before, since the voters were deprived of the opportunit to vote. )hassan vs. $01E3E$, *5= S$&# 8*I, .#I3J&E 0. E3E$-I02 8. Sec.5 the 0E$ contemplates three instances when the $01E3E$ ma declare a failure of election and call for the holding of a special election: )8, when thee election in an polling place has not been held on the date fi!ed on account of force ma(eure, violence, terrorism, fraud and other analogous cases, )*, when the election in an polling place has been suspended before the hour fi!ed b law for the closure of the voting? and )<, after the voting and during the preparation and transmission of the election returns or in the custod or canvass thereof, such election results in a failure to elect. )Soliva et al vs. $01E3E$, >& 2o. 8=8:*<, #pril *9,*998, *. -he power to throw out or annul an election should be e!ercised with the utmost care and onl under circumstances which demonstrate be ond doubt either that the disregard of the law had been so fundamental or so pertinent and continuous that it is impossible to distinguish what votes are lawful and what are unlawful, or to arrive at an certain result whatsoever, or that the great bod of voters have been prevented b viiolence, intimidation and threats from e!ercising their franchiseO -here is failure of elections onl when the will of the electorate has been muted and cannot be ascertained. )7enito vs. $01E3E$, >& 2o. 8<=H8<,Lanuar 8H,*998, <. # special election should be held if the ballot bo! in the precinct was burned.)/assan vs. $01E33E$,*5= S$&# 8*I, =. -he destruction of the copies of the election returns intended for the board of canvassers is not a ground for the declaration of failure of election as other copies of the returns can be used )Sardea vs. $01E3E$,**I S$&# <:=, I. -he fact that less than *IR of the registered voters voted does not constitute failure of election, since voting too% place. )1itmug vs. $01E3E$,*<9 S$&# I=,

5. 3ac% of notice of the date and time of the canvass, fraud, violence, terrorism, and analogous causes, such as disenfranchisement of voters, presence of fl ing voters, and lac% of qualifications of the members of the 7oard of Inspectors are not grounds for declaration of failure of election but for an election protest. )7or(a vs. $01E3E$,*59 S$&# 59=, :. -he fact that the names of some registered voters were omitted from the list of voters, strangers voted for some of the registered voters, a candidate was credited with less votes than he received, the control data of some election returns were filled up, the ballot bo!es were brought to the municipal hall without padloc% and seals, and that there was a dela in the deliver of election returns are not grounds for the declaration of failure of election. )$anicosa vs. $01E3E$, *F* S$&# I8*, F. #n election cannot be annulled because of the illegal transfer of a precinct less than =I da s before the election if the votes of those who were not able to vote will not alter the result. )7alindong vs. $01E3E$, *59 S$&# =H=, H. -here is no reglementar period for filing a petition for annulment of an election if there has as et been no proclamation. )3oong vs. $01E3E$, *I: S$&# 8, 89. -he $01E3E$ ma decide a petition to declare a failure of election en banc at the first instance, since it is not a pre'proclamation case or an election protest. )7or(a vs. $01E3E$, *59 S$&# 59=, In petitions to declare a failure of election on the ground of fraud, the$01E3E$ ma conduct a technical e!amination of election documents and compare and anal ze the signatures and fingerprints of the voters. )3oong vss. $01E3E$,*I: S$&# 8, S"E$I#3 E3E$-I02 -0 .I33 J" +#$#2$M 8. In case of permanent vacanc in $ongress at least one ear before the e!piration of the term, the $01E3E$ shall hold a special election not earlier than H9 da s after the occurrence of the vacanc . *. # vacanc in the Senate will be filled up at the ne!t regular election.)Section =,&# :855, 70#&D 0. E3E$-I02 I2S"E$-0&S )7EI, -he 7oard of Election Inspectors shall be composed of a chairman and two members, all of whom are public school teachers. If there are not enough public school teachers, teachers in private schools, emplo ees in the civil service, or other citizens of %nown probit and competence ma be appointed. )Section 8<, &# 55=5,

17 CPRDumlao

K#-$/E&S 2umber 8. 0fficial watchers Ever registered part or coalition of parties and ever candidate is entitled to one watcher per precinct and canvassing counter. $andidates for the local legislature belonging to the same part are entitled collectivel to one watcher. Si! principal watchers from 5 accredited ma(or political parties shall be recognized. )Section *5, :855, *. 0ther watchers 6 -he accredited citizenNs arm is entitled to a watcher in ever precinct. 6 0ther civic organizations ma be authorized to appoint one watcher in ever precinct. )Section 8F9, 7" FF8, Important rights of watchers 8. #ll watchers a. -o sta inside the precinct b. -o inform themselves of the proceedings c. -o file a protest against an irregularit d. -o obtain a certificate of the number of votes cast for each candidate )Section 8:H, 7"FF8, *. $itizenNs #rm -o be given a cop of the election return to be used for the conduct of an unofficial count. )Section 8, &# F9=I, +III. $#S-I2> 0. +0-ES 8. -he chairman of the 7oard of Election Inspectors should sign each ballot at the bac%. -he omission of such signature does not affect the validit of the ballot.)3ibanan vs /&E-,*F< S$&# I*9, Jnder the rules prevailing during the 8HH: 7aranga Elections, the failure to authenticate the ballots shall no longer be cause for the invalidation thereof. )1alabaguio vs. $01E3E$,<=5 S$&# 5HH, *. # voter who was challenged on the ground that he has been paid for the vote or made a bet on the result of the election will be allowed to vote if he ta%es an oath that he did not commit the act alleged in the challenge. )Section *99,7"FF8, <. #n illiterate or ph sicall disabled voter ma be assisted b a relative b affinit or consanguinit within the fourth degree or an person of his confidence who belongs to the

same household or an member of the 7oard of Election Inspectors. )Section 8H5, 7"FF8, =. It is unlawful to use carbon paper, paraffin paper or other means for ma%ing a cop of the contents of the ballot or to use an means to identif the ballot.)Sec. 8HI,7"FF8,. # ballot prepared under such circumstances should not be counted. )>utierrez vs. #quino, .eb,*5,8HIH, #7SE2-EE +0-I2> 8. 1embers of the 7oard of Election Inspectors and their substitutes ma vote in the precinct where the are assigned. )Section 85H, 7" FF8, *. #bsentee voting for "resident, +'president and Senators are allowed for members of the #.", "2", and other government emplo ees assigned in connection with the performance of election duties to places where the are not registered. )Section 8*, &# :855, &# 20. H8FH @#2 #$- "&0+IDI2> .0& # SMS-E1 0. 0+E&SE#S #7SE2-EE +0-I2> 7M 4J#3I.IED $I-IEE2S 0. -/E "/I3I""I2ES #7&0#DA Sec. I. Disqualification. -he following shall be disqualified from voting under this #ct: a, -hose who have lost their .ilipino citizenship in accordance with "hilippine laws? b, -hose who have e!pressl renounced their "hilippine citizenship and who have pledge allegiance to a foreign countr ? c, -hose who have committed and are convicted in a final (udgment b a court or tribunal of an offense punishable b imprisonment of not less than one )8, ear, including those who have committed and been found guilt of Dislo alt as define under #rticle 8<: of the &evised "enal $ode, such disabilit not having been removed b plenar pardon or amnest : "rovided, however, -hat an person disqualified to vote under this subsection shall automaticall acquire the right to vote upon e!piration of five)I, ears after service of sentence? "rovided further, -hat the $ommission ma ta%e cognizance of final (udgments issued b foreign courts or tribunals onl on the basis or reciprocit and sub(ect to the formalities and processes prescribed b the &ules of court on e!ecution of (udgments? d, #n immigrant or a permanent resident who is recognized as such in the host countr , unless heDshe e!ecute, upon registration, an affidavit prepared for the purpose b the $ommission declaring that heD she shall resume actual ph sical permanent residence in the "hilippine not later than three)<, ears from approval of hisDher registration under this #ct. Such affidavit shall also state that sheD he has no applied for citizenship in another countr . .ailure to return shall be cause for the removal of the name of immigrant or permanent resident from the 2ational &egistr of #bsentee +oters and hisDher permanent disqualification to vote in absentia. e, #n citizen of the "hilippines abroad previousl declared insane or incompetent b competent authorit in the "hilippines or abroad, as verified b the "hilippine embassies,

18 CPRDumlao

consulates or foreign service establishments concerned, unless such competent authorit subsequentl certifies that such person is no longer insane or incompetent. SE$. 5 "ersonal 0verseas #bsentee &egistration. &egistration as an overseas absentee voter shall be done in person. 4ualified citizens of the "hilippines abroad who failed to register under &epublic #ct 2o. F8FH, otherwise %nown as @-he +oters &egistration #ct of 8HH5A, ma personall appl for registration with the Election &egistration 7oard of the cit or municipalit where the were domiciled immediatel prior to their departure from the "hilippines, or with the representative of the $ommission of the "hilippine embassies, consulates and other foreign service establishments that have (urisdiction over the localit where the temporaril reside. Sub(ect to guidelines herein provided, the $ommission is hereb authorized to prescribe procedures for overseas absentee registration pursuant to the provisions of &epublic #ct 2o. F8FH, whenever applicable, ta%ing into strict consideration the time zones and the various periods and processes herein provided for the proper implementation of this #ct. -he embassies, consulates and other foreign service establishments shall transmit within five )I, da s from receipt the accomplished registration forms to the $ommission after which the $ommission shall coordinate with the Election 0fficer of the cit or municipalit of the applicantNs stated residence for verification, hearing and annotation in the permanent list of voters. #ll applications for the 1a *99= elections shall be filed with the $ommission not later than two hundred eight )*F9, calendar da s before the da of elections. .or succeeding elections, the $ommission shall provide for the period within which applications to register must be filed. In the case of seafarers, the $ommission shall provide a special mechanism for the time and manner of personal registration ta%ing into consideration the nature of their wor%. 5.8 Jpon receipt of the application for registration, the Election 0fficer shall immediatel set the application for hearing, the notice of which shall be posted in a conspicuous place in the premises of the cit or municipal building of the applicantNs stated residence for at least one )8, wee% before the date of the hearing. -he Election 0fficer shall immediatel furnish a cop of the application to the designated representatives of political parties and other accredited groups. 5.* If no verified ob(ection to the application is filed, the Election 0fficer shall immediatel forward the application to the Election &egistration 7oard, which shall decide on the application within one )8, wee% from the date of hearing without waiting for the quarterl meeting of the 7oard. -he applicant shall be notified of the approval or disapproval of hisDher application b registered mail. 5.< In the event that an ob(ection to the application is filed prior to or on the date of hearing, the Election 0fficer shall notif the applicant of said ob(ection b registered mail, and closing

therein copies of affidavits or documents submitted in support of the ob(ection filed with the said Election 0fficer, if an . -he applicant shall have the right to file his counter'affidavit b registered mail, clearl stating therein facts and defenses sworn before an officer in the host countr authorized to administer oaths. 5.= -he application shall be approved or disapproved based on the merits of the ob(ection, counter'affidavit and documents submitted b the part ob(ecting and those of the applicant. 5.I # $ertificate of &egistration as an overseas absentee voter shall be issued b the $ommission to all applicants whose applications have been approved, including those certified as registered voters. -he $ommission shall include the approved applications in the 2ational &egistr of #bsentee +oters. 5.5 If the application has been approved, an interested part ma file a petition for e!clusion not later than two hundred ten )*89, da s before the da of elections with the proper municipal or metropolitan trial court. -he petition shall be decided within fifteen )8I, da s after its filing on the basis of the documents submitted in connection therewith. Should the court fail to render a decision within the prescribed period, the ruling of the Election &egistration 7oard shall be considered affirmed. 5.: If the application has been approved, the applicant or his authorized representative shall, within a period of five )I, da s from receipt of the notice of this approval, have the right to file a petition for inclusion with the proper municipal or metropolitan trial court. -he petition shall be decided within five )I, da s after its filing on the basis of documents submitted in connection therewith. 4ualified citizens of the "hilippines abroad, who have previousl registered as voters pursuant to &epublic #ct 2o. F8FH shall appl for certification as absentee voters and for inclusion in the 2ational &egistr of 0verseas #bsentee +oters, with a corresponding annotation in the $ertified +oterNs 3ist. Sec. :. S stem of $ontinuing &egistration. -he $ommission shall ensure that the benefits of the s stem of continuing registration are e!tended to qualified overseas absentee voters. -owards this end, the $ommission shall optimize the use of e!isting facilities, personnel and mechanisms of the various government agencies for purposes of data gathering, data validation, information dissemination and facilitation of the registration process. "re'departure programs, services and mechanisms offered and administered b the Department of .oreign #ffairs, Department of 3abor and Emplo ment, "hilippine 0verseas Emplo ment #dministration, 0verseas Kor%ersN Kelfare #dministration, $ommission on .ilipinos 0verseas and other appropriate agencies of the government shall be utilized for purposes of supporting the overseas absentee registration and voting processes, sub(ect to limitations imposed b law.

19 CPRDumlao

Sec.F &equirements for &egistration. Ever .ilipino registrant shall be required to furnish the following documents: a, # valid "hilippine passport. In the absence of a valid passport, a certification of the Department of .oreign #ffairs that it has reviewed the appropriate documents submitted b the applicant and found them sufficient to warrant the issuance of a passport, or that the applicant is a holder of a valid passport but is unable to produce the same for a valid reason? b, accomplished registration from prescribed b the commission containing the mandator information: 6 3ast %now residence of the applicant in the "hilippines before leaving for abroad? 6 #ddress of applicant abroad, or forwarding address in the case of seafarers? 6 Khere voting b mail is allowed, the applicantNs mailing address outside the "hilippines where the ballot for absentee voters will be sent, in proper cases? and 6 2ame and address of applicantNs authorized representative in the "hilippines for purposes of Section 5.: and Section 8* hereof. In the case of immigrants and permanent residents not otherwise disqualified to vote under this #ct, an affidavit declaring the intention to resume actual ph sical permanent residence in the "hilippines not later than three )<, ears after approval of hisDher registration as an overseas absentee voter under this #ct. Such affidavit shall also state that heDshe has not applied for citizenship in another countr . -he $ommission ma also require additional data to facilitate registration and recording. 20 information other than those necessar to establish the identit and qualification of the applicant shall be required. Sec. 88 "rocedure for #pplication to +ote in #bsentia.' 88.8 Ever qualified citizen to the "hilippines abroad whose application for registration has been approved, including those previousl registered under &epublic #ct 2o. F8FH, shall, in ever national election, file with the officer of the embass , consulate or other foreign service establishment authorized b the $ommission, a sworn written application to vote in a form prescribed b the $ommission. -he authorized officer of such embass , consulate or other foreign service establishment shall transmit to the $ommission the said application to vote within five )I, da s from receipt thereof. -he application form shall be accomplished in triplicate and submitted together with the photocop of hisDher overseas absentee voter certificate of registration. 88.* Ever application to vote in absentia ma be done personall at, or b mail to the embass , consulate or foreign service establishment, which has (urisdiction over the countr where heDshe has indicated hisDher address for purposes of th elections. 88.< $onsular and diplomatic services rendered in connection with the overseas absentee voting processes shall be made available at no cost to the overseas absentee voter.

Sec. 8* . +erification and #pproval of #pplication to +ote.' #ll applications shall be acted upon b the $ommission upon receipt thereof, but in no case later than one hundred fift )8I9, da s before the da of elections. In the event of disapproval of the application, the voter or his authorized representative ma file a 1otion for &econsideration with the $ommission personall , or b registered mail, within ten )89, da s from receipt of the notice of disapproval. -he $ommission shall act within five )I, da s from receipt of such 1otion for &econsideration and shall immediatel notif the voter of its decision. -he decision of the $ommission shall be final and e!ecutor . Sec. 85. casting and Submission of 7allot.' 85.8 Jpon receipt b : the designated officer of the embass , consulate and other foreign service establishments of the ballots for overseas absentee voters, voting instruction, election forms and other paraphernalia, heDshe shall ma%e them available on the premises to the qualified overseas absentee voters in their respective (urisdiction during the thirt )<9 , da s before the da of elections when overseas absentee voters ma cast their vote. Immediatel upon receiving it, the overseas voter must fill'out hisDher ballot personall , in secret, without leaving the premises of the embassies, consulates and other .oreign Service establishments concerned. 85.* -he overseas absentee voter shall personall accomplish hisDher ballot at the embass , consulate or other foreign service establishment that has (urisdiction over the countr where heDshe temporaril resides or at an polling place designated and accredited b the $ommission. 85.< -he overseas absentee voter shall cast his ballot, upon presentation of the absentee voter identification card issued b the $ommission, within thirt )<9, da s before the da of elections. In the case of seafarers, the shall cast their ballots an time within si!t )59, da s before the da of elections. In the case of seafarers, the shall cast their ballots an time within si!t )59, da s before the da of elections as prescribed in the Implementing &ules and >uidelines. 85.= #ll accomplished ballots received shall be placed unopened inside sealed containers and %ept in a secure place designated b the $ommission. 85.I -he embassies, consulates and other foreign service establishments concerned shall %eep a complete record of the ballots for overseas absentee voters, specificall indicating the number of ballots the actuall received, and in cases where voting b mail is allowed under Section 8: hereof, the names and addresses of the voters to whom these ballots were sent, including proof of receipt thereof. In addition, the embassies, consulates and other foreign service establishments shall submit a formal report to the $ommission and the Loint $ongressional 0versight $ommittee created under this #ct within thirt )<9, da s from the

20 CPRDumlao

da of elections. Such report shall contain data on the number of ballots cast and received b the officers the number of invalid and unclaimed ballots and other pertinent data. 85.5 -he overseas absentee shall be instructed that hisDher ballot shall not be counted if it is not inside the special envelope furnished himDher when it is cast. 85.: 7allots not claimed b the overseas absentee voters at the embassies, consulates and other foreign service establishments, in case of personal voting, and ballots returned to the embassies, consulates and other foreign service establishments concerned, in the case of voting b mail. Shall be cancelled and shipped to the $ommission b the least costl method within si! )5, months from the da of elections. 85.F 0nl ballots cast, and mailed ballots received b the "hilippine embassies, consulates and other foreign service establishments concerned in accordance with Section 8: hereof before the close of voting open the da of elections shall be counted in accordance with Section 8F hereof. #ll envelopes containing the ballots received b the embassies, consulates and other foreign service establishments after the prescribed period shall not b opened, and shall be cancelled and shipped to the $ommission b the least costl method within si! )5, months from the da of elections. 85.H # special 7allot &eception and $ustod >roup composed of three )<, members shall be constituted b the $ommission from among the staff of the embassies, consulates and other foreign service establishments concerned including their attached agencies, and citizens of the "hilippines abroad, who will be deputized to receive ballots and ta%e custod of the same preparator to their transmittal to the Special 7oards of Election Inspectors. 85.89 During this phase of the election process, the authorized representatives of political parties, candidates, and accredited citizensN arms of the $ommission shall be notified in writing thereof and shall have the right to witness the proceedings. 85.88 -he $ommission shall stud the use of electronic mail, internet, or other secured networ%s in the casting of votes, and submit a report thereon to the Loint $ongressional 0versight $ommittee. Sec. 8:. +oting b 1ail. 8:.8 .or the 1a *99= elections, the $ommission shall authorize b voting mail in not more than three )<, countries, sub(ect to the approval of the $ongressional 0versight $ommittee. +oting b mail ma be allowed in countries that satisf the following conditions: a., Khere the mailing s stem is fairl well'developed and secure to prevent occasion for fraud? b., Khere there e!ists a technicall established identification s stem that would preclude multiple or pro! voting? and

c., Khere the s stem of reception and custod of mailed ballots in the embassies, consulates and other foreign service establishments concerned are adequate and well'secured. -hereafter, voting b mail in an countr shall be allowed onl upon review and approval of the Loint $ongressional 0versight $ommittee. 8:..* -he overseas absentee voter shall send hisDher accomplished ballot to the corresponding embass , consular or foreign service establishment that has (urisdiction over the countr where heDshe temporaril resides. /eDshe shall be entitled to cast hisDher ballot at an time upon hisDher receipt thereof, provided that the same is received before the close of voting on the da of elections. -he overseas absentee voter shall be instructed that hisDher ballots shall not be counted if not transmitted in the special envelope furnished himDher. 8:.< 0nl mailed ballots received b the "hilippine embass , consulate and other foreign service establishments before the close of voting on the da of elections shall be counted in accordance with Section 8F hereof. #ll envelopes containing the ballots received b the embassies, consulates and other foreign service establishments after the prescribed period shall not be opened, and shall be cancelled and disposed of appropriatel , with a corresponding report thereon submitted to the $ommission not later than thirt )<9, da s from the da of elections. Sec. *<. Securit 1easures to Safeguard the Secrec and Sanctit of 7allots.' #t all stages of the electoral process, the $ommission shall ensure that the secrec and integrit of the ballots are preserved. -he $ommittees on #bsentee +oting of the $ommission shall be responsible for ensuring the secrec and sanctit of the absentee voting process. In the interest of transparenc , all necessar and practicable measures shall be adopted to allow representation of the candidates, accredited ma(or political parties, accredited citizensN arms and non'government organizations to assist, and intervene in appropriate cases, in all stages of the electoral e!ercise and to prevent an and all forms of fraud and correction. Sec. *=. "rohibited #cts. In addition to the prohibited acts provided b law, it shall be unlawful: *=.8 .or an officer or emplo ee of the "hilippine government to influence or attempt to influence an person covered b this act to vote, or not to vote, for a particular candidate. 2othing in this #ct shall be deemed to prohibit free discussion regarding politics or candidates for public office. *=.* .or an person to deprive an person of an right secured in this act or to give false information as to hisDher name, address, or period of residence for the purposes of establishing hisDher eligibilit or ineligibilit to register or vote under this act? or to conspire with another person for the purpose of encouraging the giving of false information in order to establish the eligibilit or ineligibilit of an individual to register or vote under this #ct? or, to pa , or offer to pa, or to accept pa ment either fro application to vote in absentia or for voting.

21 CPRDumlao

*=. < .or an person to tamper with the ballot, the mail containing the ballots for overseas absentee voters, the election returns including the destruction, mutilation and manipulation thereof. *=.= .or an person to steal, destro , conceal, mutilate or alter an record, document or paper as required for purposes of this #ct. *=.I .or an deputized agent to refuse without (ustifiable ground, to serve or continue serving, or to compl with hisDher sworn duties after acceptance of hisDher appointments? *=.5 .or an public officer or emplo ee who shall cause the preparations, printing, distribution of information material, or post the same in website without the prior approval of the $ommission. *=.: .or an public emplo ee to cause the transfer, promotion, e!tension, recall of an member of the foreign service corps, including members of the attached agencies, or otherwise cause movement of an such member from his current post or position one )8, ear before and three )<, months after the da s of elections, without securing the prior approval of the $ommission. *=.F .or an person who, after being deputized b the $ommission to underta%e activities in connection with the implementation of this #ct, shall campaign for or assist, in whatsoever manner, candidates in the elections. .or an person who is not citizen of the "hilippines to participate b word or deed, directl or indirectl through qualified organizationsDassociations, in an manner and at an stage of the "hilippine political process abroad, including participation in the campaign and elections. -he "rovision of e!isting laws to the contrar notwithstanding, and with due regard to the "rinciple of Double $riminalit , the prohibited acts described in this section are electoral offenses and punishable in the "hilippines. -he penalties imposed under Section *5= of the 0mnibus Election $ode, as amended, shall be imposed on an person found guilt of committing an set of the prohibited acts as defined I this section. "rovided, that the penalt or prision ma or in its minimum period shall be imposed upon an person found guilt of Section *=.< hereof without the benefit of the operation of the Indeterminate Sentence 3aw. If the offender is a public officer or a candidate, the penalt shall be prision ma or in its minimum period. In addition, the offender shall be sentenced to suffer perpetual disqualification to hold public office and deprivation of the right to vote. Immigrants and permanent residents who do not resume residence in the "hilippines as stipulated in their affidavit under Section I )d, within three )<, ears after approval of hisDher registration under this #ct and et vote in the ne!t elections contrar to the said section, shall

be penalized b imprisonment of not less than one )8, ear, and shall be deemed disqualified as provided in Section I )c, of this #ct. /isDher passport shall be stamped @not allowed to voteA. IC $0J2-I2> 0. +0-ES 1#22E& 8. -he 7oard of Election Inspectors shall read the ballots publicl and shall not postpone the count until it is completed. )Section *95, 7" FF8, *. -he 7oard of Election Inspectors shall assume such positions as to provide the watchers and the public unimpeded view of the ballot being read. )Section *I, &# :855, <. If on account of violence or similar causes it becomes necessar to transfer the counting of the votes to a safer place, the 7EI ma effect the transfer b unanimous approval of the board and concurrence of a ma(orit of the watchers present. )Section 8F, &#55=5, =. Khere a commotion resulted in suspension of the counting, the 7EI ma recount the ballots. )Da ag vs. #lonzo, S"E$I#3 "&073E1S 8. E!cess 7allots If there are e!cess ballots, the poll cler% shall draw out as man ballots equal to the e!cess without seeing them, and the e!cess ballots shall not be counted. )Section *9:, 7"FF8, *. Spoiled ballots 7allots in the compartment for spoiled ballots are presumed to be spoiled ballots. If the 7EI finds that a valid ballot was erroneousl deposited in the compartment for spoiled ballots. It shall be counted. )Section *9H, 7"FF8, <. 1ar%ed 7allot a, 1ar%ed ballots shall not be counted )Section *9F, 7"FF8, b, # ballot is considered mar%ed in an of the following cases: 6 -he voter signed the ballot. ).errer vs De #lban, 898 phil 89, 6 -here were variations in the st le of writing 6 -he name of a a candidate was written more than twice 6 -he voter wrote the names of well'%nown public figures who are not candidates such as actors, actresses and national political figures. )"rotacto vs. De 3eon, H S$&# =:*, 6 -he ballot contains irrelevant e!pression.)7autista vs. $astro,*95 S$&# <9I,. /owever, the use of nic%names and appellations of affection and friendship, if accompanied b the name of the candidate does not annul the ballot e!cept when it is used to identif the voter. )Section *88 )8<,, 7"F88, c, Evidence aliunde is not necessar to prove a ballot as mar%ed. )7acobo vs. $01E3E$,8H8 S$&# I:5, d, # ballot in which a stic%er was stuc% b another person to invalidate it should not be

22 CPRDumlao

re(ected. )3erias vs. /&E-,*9* S$&# F9F, &J3ES .0& #""&E$I#-I02 0. 7#330-S 8. # ballot in which the first name or surname of a candidate is written should be counted for him, if there is no other candidate with the same name. )3erias vs. /&E-,*9* S$&# F9F, *. If onl the first name of a candidate is written and it sounds li%e the surname of another candidate, the vote shall be counted in favor of the latter. <. If there are two or more candidates with the same name and one of them is incumbent, the vote shall be counted in favor of the incumbent. =. Khen two or more words are written on different lines which are the surnames of two or more candidates with the same surname of an office for which the law authorizes the election of more than one, the vote shall be counted in favor of all the candidates. Kith the same surname. I. Khen the word written is the first name of one candidate and the surname of another candidate, the vote shall be counted for the latter. 5. If the ballot contains the first name of one candidate and the surname of another, the vote shall not be counted for either. :. #n incorrectl written name which sounds li%e the correctl written name of a candidate shall be counted in his favor)7autista vs $astro,*95 S$&# 595, F. If the word written is the incidental name of two or more candidates for the same office none of whom is incumbent, the vote shall be counted in favor of the candidate who belongs to the same tic%et as all other candidates voted for in the ballot for the same constituenc . H. -he erroneous initial of the first name accompanied b the correct surname of a candidate or the erroneous initial of the same accompanied b the correct first name of a candidate shall not annul the vote in his favor. 89. # ballot in which the correct first name but wrong surname of a candidate is written or the correct surname but wrong first name of a candidate is written ,shall not be counted in his favor. 88. Khere a candidate named "edro #lfonso died on the eve of the election and his daughter Irma #lfonso substituted him, ballots in which the name "edro alfonso was written cannot be counted in her favor. )#fonso vs. $01E3E$,*<* S$&# :::,

8*. If two or more candidates were voted for in an office for which the law authorizes the election for onl one, the vote shall not be counted in favor of an of them. 8<. If the candidate voted for e!ceed the number of those to be elected, the votes for the candidates whose names were firstl written equal to the number of candidates to be elected shall be counted. 8=. Even if the name of a candidate was written on the wrong space, it should be counted if the intention to vote for him can be determined, as when there is a complete list of names of other offices written below his name or the voter wrote the office for which he was electing the candidate. )$ordero vs.1oscardon,8<* S$&# =8=, S-&#M 7#330&ule 8= of section *88 of the 0mnibus Election $ode considers three %inds of votes as stra : )8, a vote containing initials onl ,)*, a vote which is illegible, and ) <, a vote which does not sufficientl identif the candidate for whom it is intended. )+illarosa vs. /&E-,<=9 S$&# <H5, -he rule is in favor of the validit of the ballot, not otherwiseO -he appearance of print and script writings in a single ballot does not necessaril impl that two persons wrote the ballotO "aragraph 8F,section 8=H of the &E$, provides that unless it should clearl appear that it has been deliberatel put b the voter to serve as identification mar%, the use of two or more %inds of writing shall be considered innocent and shall not invalidate a ballot.. Jnder Section *88)8H , of the 0E$, an vote in favor of a person who has not filed a certificate of candidac or in favor of a candidate for an office for which he did not present himself shall be considered as an astra vote, but it shall not invalidate the whole ballotO -he une!plained presence of prominent letters and words written with remar%abl good hand mar%ed the ballots and must be considered invalidO Khen in a space in the ballot there appears a name of candidate that is erased and another clearl written, the vote is valid for the latterO incorrect spelling of a candidateNs name does not invalidate the ballotUfor even the most literate person is bound to commit a mista%e in spelling. )0ng vs. $01E3E$, <=: S$&# 5F8,

$0&&E$-I02 0. &E-J&2S 8. 7efore the announcement of the results of the election in a precinct, an correction or alteration in the election returns must be initialed b all members of the 7EI.

23 CPRDumlao

*. #fter the announcement of the results in a precinct, the authorization of the $01E3E$ is needed to ma%e an correction or alteration. 6 If the petition is b all members of the 7EI, the results of the election will not be affected, and none of the candidate affected ob(ects, the $01E3E$, upon being satisfied of the veracit of the petition, shall order the correction. 6 If a candidate affected b the petition ob(ects and the correction will affect the results of the election, the $01E3E$ shall order a recount of the votes, if it finds the petition meritorious and the integrit of the ballot bo! has not been violated )section *85, 7" FF8, K/#- $02S-I-J-E #2 E3E$-I02 "luralit of votes sufficient for choice 2ot necessar that a ma(orit of voters should vote $E&-I.I$#-E 0. +0-ES -he 7EI shall issue a certificate of the number of votes received b a candidate upon request of a watcher. )Section 85, &#55=5, -he certificate of votes is admissible in evidence to prove anomal in the election return when authenticated b testimon or documentar evidence of at least two members of the 7EI. C. $#2+#SSI2> #2D "&0$3#1#-I02 $#2+#SSI2> 70DIES 8. $ongress a. "resident b. vice president *. $01E3E$ a. Senators b. &egional 0fficials <. "rovincial board of canvassers a. $ongressman b. "rovincial officials =. District 7oard of $anvassers in each legislative district in 1etro 1anila a. $ongressman b. 1unicipal official

I. $it and 1unicipal 7oard of $anvassers a. $ongressmen b. $it and municipal officials 5. 7aranga 7oard of $anvassers a. 7aranga officials SJ"E&+IS0&M "0KE& 0+E& -/E 70#&D -he $01E3E$ e!ercises direct supervision and control over the proceedings before the board of canvassers )1astura vs. $01E3E$, *FI S$&# =H<, 2#-J&E 0. DJ-M 0. 70#&D 0. $#2+#SSE&S 8. 1inisterial' it has onl the ministerial tas% of tall ing the votes as reported in the election returns and declare the results, and cannot e!ercise the (udicial power of deciding an election contest. -he correction of the manifest mista%e in the mathematical addition calls for a mere clerical tas% on the part of the board. -he remed is purel administrative. )-atlonghari vs. $01E3E$,8HH S$&# 8HH, *. 4uasi'Ludicial' -he $omelec e!ercises (udgment or discretion to determine whether an given return before it is genuine in connection with the canvass of votes. "&0$EDJ&E 8. -he $01E3E$ has direct control and supervision over the board of canvassers e!cept congress. It ma motu proprio relieve at an time and substitute an member of the board of canvassers. )section **:, 7" FF8, 6 # municipal court has no (urisdiction to restrain the municipal board of canvasser. )3ibrados vs. $asar,*<= S$&# 8<, *. 1anner of deliver of election &eturn a. -he 7EI shall personall deliver to the cit or municipal board of canvassers the cop of the election returns intended for them sealed in an envelop, signed and thumbmar%ed b the members of the 7EI. -he fact that an election return was not loc%ed in the ballot bo! when it was delivered to the board of canvassers is not ground for e!cluding it in the absence of proof that it was tampered with )"imentel vs. $omelec,8=9 S$&# 8*5, b. -he 7EI shall personall deliver to the provincial and district board of canvassers the cop of the election returns intended for them to the election registrar. c. Katchers have the right to accompan the members of the 7EI and the election registrar during the deliver of the election returns to the board of canvassers. )section **H, 7" FF8,

24 CPRDumlao

&I>/-S 0. $#2DID#-ES 8. Ever registered political part and candidate is entitled to one watcher in the canvassing center, but candidates for the local legislative bodies belonging to the same part are entitled collectivel to one watcher. -he fact that the watcher of a candidate was not present when the canvassing was resumed because he was notified is not a ground to annul the canvass. )4uilala vs. $01E3E$,8FF S$&# H9*, *. #n registered political part and candidate has the right to be present and to counsel a. onl one counsel ma argue for each part of candidate? no dilator action shall be allowed <. "roblem areas a. 3ost return 6 If an election return has been lost, upon prior authorit of the $01E3E$, the board of canvassers ma use authentic cop of it or a certified cop of it issued b the $01E3E$)Section *<<,7" FF8,. It is not necessar that all the other copies shall be considered. 6 If an election return is missing a recount should not be ordered if there is an authentic cop available)0ng vs. $01E3E$, *85 S$&# F55, 6 If all copies of the Election returns were lost, a recount of the ballots should be made. 6 -he certificate of votes signed b the 7EI and tall board cannot be used for the canvass, because onl election returns are evidence of the results of the election. )>ara vs $01E3E$, *5* S$&# ***, b. 0mission in the return 6 in case of an omission in the election return of the names of a candidate or his votes, the board of canvassers shall require the 7EI to complete it. 6 If the votes omitted cannot be ascertained e!cept b recounting the ballots, after ascertaining the integrit of the ballot has not been violated, the $01E3E$ shall order the 7EI to count the votes for the candidate whose votes were omitted and to complete the return. Since the omission of the election return on the number of votes certain candidates received is not a discrepanc , a recount of the vote should be ordered instead of e!cluding the election return in the canvassing. )"atora vs. $01E3E$,*=H S$&# =H9, c. -ampered or falsified return 6 If the election return submitted to the board of canvassers was tampered with or falsified or prepared under duress or b persons other than the 7EI, the board shall use the other copies of the election return. 6 If the other copies of the election returns were also tampered with or falsified or prepared under duress or b persons other than the 7EI, the $01E3E$ after ascertaining that the integrit of the ballot bo! has not been violated,shall order the 7EI to recount the votes and prepare a new return. 6 If the certificate of canvass was tampered with, the $01E3E$ ma order that an of the copies of the election returns be used in ma%ing a new canvass.)1astura vs. $01E3E$,*5I

S$&# =H<, 6 Since an election return prepared without counting the ballots is a fabrication, it should not be counted and a count of the ballot should be ordered.) 3ucero vss. $01E3E$,*<= S$&# *F9, d. Discrepancies in returns If there are discrepancies in the other authentic copies of the return or in the words or figures in the same return and it will affect the result of the election, the $01E3E$, after ascertaining that the integrit of the ballot bo! has not been violated, shall order the recount of the ballots. If there is discrepanc between the tall and the written figures in the election return, it should be e!cluded from the canvassing and a recount of the ballots should be made or the certificate of votes cast in the precinct should be used. )"atora vs. $01E3E$,*=H S$&# ==9, "&0$3#1#-I02 8. #n incomplete canvass of votes is illegal cannot be a basis of a valid proclamation )Samad vs. $01E3E$,**= S$&#5<8,3oong vs. $01E3E$,*I: S$&# 8, a canvass cannot be reflective of the true vote of the electorate unless all returns are considered and none is omitted )$aruncho III vs. $01E3E$,<8I S$&# 5H<, *. If the questioned election returns will not affect the result of the election, a proclamation ma be made upon the order to the $01E3E$ after notice and hearing. <. # proclamation made where the contested returns set aside will affect the result of the election and the board of canvassers proceeded to proclaim without the authorit from the $01E3E$ is null and void. )Sema vs. $01E3E$,<=: S$&# 5<<, =. -he mere filing of a petition for disqualification is not a ground to suspend the proclamation of the winning candidate'in the absence of an order suspending proclamation, the winning candidate who is sought to be disqualified is entitled to be proclaimed as a matter of law. )7agatsing vs $$01E3E$,<*9 S$&# F8:, I. .iling of pre'proclamation controvers under *==F of 7"FF8 is not the onl grounds for the suspension of proclamation. 5. -he proclamation of a winning candidate cannot be annulled if he has not been notified of the motion to set aside his proclamation. )$aruncho vs. $01E3E$,<8I S$&# 5H<, :. -he fact that the candidate who obtained the highest number of votes is later declared to be disqualified or nor eligible for the office to which he was elected does not necessaril entitle the candidate who obtained the second highest number of votes to be declared the winner of the elective officeO -o allow the defeated and repudiated to ta%e over the ma oralt despite the re(ection b the electorate is to disenfranchise the electorate without an fault of their part and to determine the importance and meaning of democrac and the peopleNs right to elect officials of their choiceO $ourt a quo correctl held that the second placer lost the elections and was repudiated b either a ma(orit or pluralit of voters. )3oreto vs. 7rion,<88 S$&# 5H=,

25 CPRDumlao

-IE 8. # tie among two or more candidates for president or vice president shall be bro%en b ma(orit vote of both houses of congress voting separatel )Section =. #&- +II, "/I3 $02-A2, *. In the case of other positions, the ties shall be bro%en b the drawing of lots. .#I3J&E -0 #SSJ1E 0..I$E If a candidate fails to ta%e his oath of office within 5 months from his proclamation, unless for a cause be ond the control of the elected official, his office will be considered vacant. )section 8*, 7" FF8, CI "&E'"&0$3#1#-I02 $#SES #. Definition? coverage "re'proclamation controvers refers to an question pertaining to or affecting the proceedings of the board of canvassers which ma be raised b an candidate or b an registered political part or coalition of political parties before the board or directl with the $ommission, or an matter raised under sections *<<,*<=,*<I and *<5 in relation to the preparation, transmission, receipt, custod and appreciation of the election returns. )$hu vs. $01E3E$,<8H S$&# =F*, In pre'proclamation controvers , the board of canvassers and the $01E3E$ are not to loo% be ond or behind election returns which are on their face regular and authentic returns. )$/J,supra, # pre'proclamation controvers is limited to an e!amination of the election returns on their face' -he $01E3E$ as a general rule need not go be ond the face of the returns and investigate alleged election irregularities. -o require the $01E3E$ to e!amine the circumstances surrounding the preparation of the returns would run counter to the rule that a pre'proclamation controvers should be summaril decided. Khere the resolution of the issues raised would require the $01E3E$ to @pierce the veilA of election returns that appear prima facie regular, the remed is a regular election protest. -he office of pre'proclamation controvers is limited to incomplete, falsified or materiall defective returns which appear as such on the face. )Sebastian +S $01E3E$, <*: S$&# =95, 7. LJ&ISDI$-I02 8. 4uestions involving the legalit of the composition or proceeding of the board of canvassers, e!cept congress, ma be raised initiall in the board of canvassers or the $01E3E$.)SE$ 8I and 8:, &# :855, *. 4uestions involving the election returns and certificate of canvass should be brought in the first instance before the board of canvassers onl )Section 8:, &# :855, $. S$0"E 0. "&E'"&0$3#1#-I02 $02-&0+E&SM

ISSJES 8. "rovincial, cit and municipal officials d. -he composition of the proceeding of the board of canvassers is illegal e. -he returns are incomplete, contain material defects, appear to be tampered with or falsified or contain discrepancies in the same returns or in other authentic copies? f. -he returns were prepared under duress or are obviousl manufactured or not authentic? g. Substitute or fraudulent returns were canvassed, the result of which materiall affect the standing of the aggrieved candidate.

<. "resident, vice president, senators, congressmen and baranga officials 2o pre'proclamation case is allowed regarding the preparation, transmission, receipt, custod and appreciation of the election return or certificate of canvass.)$haves vs $01E3E$,*88 S$&# <8I, E&&0&S I2 -/E $E&-I.I$#-E 0. $#2+#SS $orrection of manifest errors has reference to errors in the election returns, in the entries of the statement of votes b precinctDper municipalit , or in the certificate of canvassO a manifest clerical error is one that is visible to the e e or obvious to the understanding, and is apparent from the papers to the e e appraiser and the collector, and does not include an error which ma , b evidence dehors the record to be shown to have been committed. )-rinidad vs. $01E3E$,<*9 S$&# F<5, 8. Khile the first sentence of section 8I of &# :855 prohibits candidates in the presidential, +ice presidential, senatorial and congressional elections from filing pre'proclamation case, the second sentence allows the filing of petitions for correction of manifest errors in the certificate of canvass or election returns even in elections for president, vice'president, senators and members of the /ouse of &epresentatives for the simple reason that the correction of manifest error will not prolong the process of canvassing nor dela the proclamation of the winner in the election. )Sandoval vs. $01E3E$,<*< S$&# =9<, *. -he canvassing bod ma motu proprio or upon petition of an interested part correct manifest errors in the certificate of canvass or election return. )Sec 8I, &#:855, i. # cop of an election return or certificate of canvass was tabulated more than once. ii. -wo or more copies of the same election return or certificate of canvass were tabulated separatel . iii. -here was a mista%e in cop ing the figures into the statement of votes or certificate of canvass. Errors in addition in the certificate of canvass ma be corrected. )0ng vs $01E3E$,**8

26 CPRDumlao

S$&# :I, iv. &eturns from non'e!istent precincts were included in the canvass -he statement of votes cannot be corrected on the basis of a certification given to a watcher, since election returns are what are supposed to be the basis of the canvass. )&amirez vs. $01E3E$,*:9 S$&# <H9, S-#-IS-I$#3 I1"&07#7I3I-IES #n election return which is statisticall improbable is obviousl fabricated and should not be counted. i. Khere the votes cast in I9 precincts for the candidates for senators of one part equalled the number of registered voters, all the candidates for senators of that part received the same number of votes, and all the candidates for senators of the opposing part got no votes, the election returns are statisticall improbable and are obviousl fabricated.)3agumba vs. $limaco, 85 S$&# 8:I, ii. Khere onl one candidate of a part got all the votes in some precincts and his opponent got zero, the other candidates for the other part for other positions received votes, the number of votes cast were less than the number of registered voters, the election returns are not statisticall improbable. )Sang%i vs $01E3E$, *8 S$&# 8<H8,sss iii. -he mere fact that a candidate receive overwhelming ma(orities over another candidate in numerous precinct does not ma%e the election return statisticall improbable. )Ilarde vs. <8 S$&#:8, iv. -he mere fact that the percentage of turnout of voters was high and that a candidate received high percentage of the votes does not ma%e the election returns statisticall improbable.)Doruelo vs. $01E3E$ ,8<< S$&# <:5, v. -he bare fact that candidate for public office had received zero vote is not enough to ma%e returns statisticall improbable )0campo vs.$0GE3&$,<*IS$&# 5<5, v. Standing alone without more, the bare fact that a candidate for public office had receive zero votes in one or two precincts can not adequatel support a finding that the sub(ect election returns are statisticall improbable' the doctrine of statistical improbabilit must be viewed restrictivel , the utmost care being ta%en lest in penalizing the fraudulent and corrupt practices, innocent voters become disenfranchisedO-he doctrine of statistical improbabilit involves a question of fact and more prudential approach prohibits its determination e! parte. )+ela o vs. $01E3E$,<*: S$&#:8<, ISSJES 20- &ES03+#73E I2 "&E'"&0$3#1#-I02 $02-&0+E&SM 8. Issues involving the casting or the counting of the ballots are not proper in pre' proclamation cases. a, -he use of illegal election propaganda, vote'bu ing and terrorism of the voters are not proper issues in a pre'proclamation case. )+illegas vs. $01E3E$, HH S$&# IFH*, b, 4uestions on the appreciation of the ballots can not be raised in pre'proclamation case.

)#lfonso vs.$01E3E$, *<* S$&# :::,-hus, the claim that a candidate was not credited with votes cast for him because his name was similar to that of another disqualified candidate cannot be raised in a pre'proclamation case.)$havez vs. $01E3E$, *88 S$&# <8I, 3i%ewise, the claim that some ballots were spurious, mar%ed or invalid cannot be raised in a pre' proclamation case. )"atara vs. $01E3E$,*:= S$&# =:9, c, -errorism of voters, voting b fl ing voters, deprivation of the right to vote of registered voters and vote bu ing cannot be raised in a pre'proclamation case )#llarde vs. $01E3E$,8IH S$&# 5*<, d, +ote bu ing and secrec in the preparation of ballots are not proper grounds for pre' proclamation case )Salazar vs. $01E3E$,8F= S$&# =<<, e, -he claim that the voters were allowed to vote without verif ing their identities, that there were discrepancies between the signatures in the voter;s affidavits and the voting record, and third persons falsel voted for voters who did not vote are not proper issues in a pre' proclamation case )Dipatuan vs. $01E3E$,8FI S$&# F5, f, -echnical e!amination of the signatures and thumbprints of the voters to prove substitute voting is not allowed in a pre'proclamation case. )7alindong vs. $01E33E$,*59 S$&# *H=, g, -he padding of the list of voters cannot be raised in a pre'proclamation case, since it does not involve the election return. )Jtutahan vs. $0001E3E$,8FH S$&# <<I, h, -he fact that the voting was sham or minimal is not a ground for filing a pre'proclamation case, since this is properl cognizable in an election protest.)Salih vs. $01E3E$,*:H S$&# 8H, i, -o loo% be ond or behind election returns is not a proper issue in pre'proclamation controvers )0campo vs. $01E3E$, <*I S$&# 5<5, (, -he fact that the counting of the votes was not completed because of the e!plosion of grenade and that no election was held cannot be raised in a pre'proclamation case, as these are irregularities that do not appear on the face of the election returns. )1atalam vs. $01E3E$,*:8 S$&# :<<, *. #dministrative lapses which do not affect the authenticit of an election return cannot serve as basis for annulling the election return. a, -he failure to close the entries in the election returns with the signature of the 7EI, lac% of seals, absence of time and date of receipt of election return b the board of canvassers, lac% of signature of watchers of the petitioner, and the lac% of authorit of the person who received the election returns do not affect the authenticit of the returns. )7aterina vs. $01E3E$,*9I S$&# 8, b, -he absence of the signature of the claimant of the 7EI on the voterNs affidavits, list of voters and voting records, absence or e!cess of detachable coupons, discrepancies between the member of detachable coupons and the number of ballots, missing voterNs lists are mere administrative omissions and cannot be used as basis to annul an election return. )#rro o vs. /&E-, *=5 S$&# <F=, <. Khere the threats of the followers of a candidate did not affect the genuineness of an election return, it should not be e!cluded )Salvacion vs. $01E3E$,8:9 S$&# I8<,

27 CPRDumlao

SJ11#&M DIS"0SI-I02 0. "&E'"&0$3#1#-I02 $02-&0+E&SM 8. Summar proceedings cannot be stretched to mean e! parte proceeding' summar simpl means with dispatch, with the least possible dela , signif ing that the power ma be e!ercised without trial in the ordinar manner prescribed b law for regular (udicial proceedings.)+ela o vs.$omelec,<:* S$&# :8<, *. &# :855 e!plicitl provides that it is onl on the basis of the official records that the $01E3E$ can decide the pre'proclamation controvers in a summar manner. )+ela o vs. $01E3E$,<*: S$&# :8<, <. #ll pre'proclamation controversies on election returns or certificates of canvass shall be disposed of summaril 'first b the record of canvassers and then. 7 the $01E3E$. )$hu vs. $01E3E$, <8H S$&# =F*, #. "rocedure in contested composition or proceeding of the 7oard of $anvassers -he illegalit of the composition of the board of canvassers cannot be questioned after the proclamation of the winner, since it must be raised immediatel . )3aodenio vs. $01E3E$,*:5 S$&# :9I, -he ruling of the board of canvassers on question affecting its composition or proceeding ma be appealed to the $001E3E$ in < da s.)Section 8H &# :855, 7. "rocedure in case of contested returns 8. 0b(ections to an election return shall be submitted orall to the chairman of the board of canvassers at the time the return is presented for inclusion in the canvass and shall be entered in the form for written ob(ection)Sec *9 )a, and )c,,&# :855, a. #n ob(ection made after the canvass is late.)>uiao vs Dcomelec,8<: S$&# <I5,2avarro vs $01E3E$,**F S$&# IH5, b. a petition for correction of the statement of votes ma be filed after the proclamation of the winner, although no ob(ection was made during the canvass, as error was discovered onl after the petitioner got a cop of the statement of votes. )Duremdes vs. $01E3E$,8:F S$&# :=5,. It must be filed not later than I da s after the proclamation.)Section I)b,, &ule *: of $01E3E$ rules of procedure, /owever, the five'da deadline is not applicable to a petition for the annulment of proclamation of a candidate when it was his opponent who obtained the ma(orit for what was corrected was not the entries but the computation of the votes. )1entang vs. $01E3E$,**H S$&# 555, Jnder the $01E3E$ &ules of procedure, a petition for correction of the certificate of canvass ma be filed even before the proclamation of the winner. )7ince vs. $omelec,*=* S$&#*:<, # petition for correction of manifest errors in the statement of votes can be decided b the $01E3E$ en banc at the first instance, since it does not involve an election protest or a pre'proclamation case )&amirez vs. $01E3E$,*:9 S$&# IH9, -he $01E3E$ has the power to order the correction of the statement of votes to ma%e it

conform to the election returns. )$astroma or vs. $01E3E$,*I9 S$&# *HF, *. -he canvass of an contested return shall be deferred and the board of canvasser shall proceed to canvass the uncontested return )Section *9)b,,&# :855, <. Kithin *= hours, the ob(ecting part shall submit evidence in support of the ob(ections. =. Kithin *= hours after presentation of the ob(ection, a part ma file a written opposition and attach the supporting evidence.)Section *9c, &# :855, I. -he board of canvassers shall summaril rule in the contested returns )Section *9)d,,&# :855, 5. # part who intends to appeal should immediatel inform the board of canvassers. Kithin *= hours he must file a written and verified notice of appeal with the board of canvassers and ta%e his appeal to the $01E3E$ within I da s. )section *9)f,,&# :855, a. #ppellate (urisdiction -he &-$ has 20 (urisdiction to review the decision of the municipal board of canvassers to correct a certificate of canvass.)$abanero vs $#, -he &-$ has no (urisdiction to compel the municipal board of canvassers, which suspended the proclamation because of a possible discrepanc in the election return, to ma%e a proclamation. )In re $01E3E$ &esolution no.*I*8,*<= S$&# 8, b. "eriod of appeal Since the proclamation of a candidate who finished second made after the candidate who got the highest number of votes was %illed is patentl void, a late appeal should be allowed. )7enito vs. $$01E33E$,*<I S$&#S =<5, -he $01E3E$ cannot b regulation shorten the period to question its decision before the S$ for under the $onstitution the period of <9 da s can be shortened b law onl .)Sardea vs. $01E33E$,**I S$&# <:=, :. -he $01E3E$ shall decide the appeal within : da s from receipt of the records, and the decision shall be e!ecutor after : da s from receipt b the losing part . )Sections 8F and *9)f,, &# :855, -E&1I2#-I02 0. "&E'"&0$3#1#-I02 $#SE 0nce a proclamation has been made, the pre'proclamation case is no longer viable and should be dismissed )Sardea vs. $01E3E$,. /owever this rule presupposes the proclamation is valid. It does not appl if the proclamation is void, because it was based on incomplete returns.)1atalam vs. $01E3E$ *:8 S$&# :<<,. -he same holds true if the returns were manufactured. )#gba ani vs. $01E3E$,8F5 S$&# =5=,. -he same hols true where the computation of votes was erroneous. )1entang vs. $01E3E$,**H S$&# 55H,

28 CPRDumlao

people. )7enito vs. $01E3E$, *<<<I S$&# =<5, #ll pre'proclamation cases pending before the $01E3E$ shall be terminated at the beginning of the term of the office )noon of Lune <9, involved, and the rulings of the board of canvassers shall be deemed affirmed, without pre(udice to the filing of an election protest b the aggrieved part . )"enaflorida vs. $01E3E$,*F* S$&# *=8 #nd 7arroso vs #mpig,<*F S$&# I<9, -he pre'proclamation case should no longer be decided if e!clusion of the questioned election return will not change the result of the election. )1atalam vss. $01E3E$,*:8 S$&# :<<, E..E$- 0. .I3I2> #2 E3E$-I02 "&0-ES-,4J0 K#&&#2-0 8. #s a general rule, the filing of an election protest or a petition for quo warranto precludes the subsequent filing of a pre'proclamation controvers , or amounts to the abandonment of one earlier filed. )1aruhom vs. $01E3E$,<<8 S$&# =:<, *. -he filing of an election protest results in abandonment of a pre'proclamation case even if the protest alleged it was filed as a precautionar measure, if he did not e!plain wh . )3aodenio vs. $01E3E$,*:5 S$&# =9I, <. -he rule that the filing of a protest implies abandonment of the pre'proclamation case does not appl if: i. -he protest was filed as a precautionar measure )1itmug vs. $01E3E$,*<9 S$&# I=, ii. -he board of canvassers was improperl constituted, as when the 1unicipal -reasurer too% over the canvassing without having been designated. )Saman vs. $01E3E$,**= S$&# 5<8, $02-I2J#2$E 0. -/E $#SE If the petition appears meritorious on the basis of the evidence presented so far, the $01E3E$ or the S$ ma order the case to continue. )Section 85, &# :855, "&0$3#1#-I02 8. -he 7oard of $anvassers shall not ma%e an proclamation without an authorization from the $01E3E$ )Lamil vs $01E3E$,*F< S$&# <=H, *. "roclamation ma be made if the contested returns will not adversel affect the results of the elections. )Section *9 )i,, &# :855, <. -he $01E3E$ ma order the proclamation of other winning candidates whose election will not be affected b the pre'proclamation case. )Section *8, &# :855, =. # candidate for ma or who finished second cannot be proclaimed simpl because the candidate who received the highest number of votes died, since he was not the choice of the I. -he wreath of victor cannot be transferred from the disqualified winner to the repudiated loser because the law then as now onl authorizes a declaration of election in favor of the person who has obtained a pluralit of votes to be declared elected. )Sunga vs. $01E3E$,*FF S$&# :5, #22J31E2- 0. "&0$3#1#-I02 8. -he $01E3E$ can annul a proclamation because of an error in the computation of the votes in the statement of votes since the proclamation is void.)-orres vs. $01E3E$,*:9 S$&# IF<, *. Khere the $01E3E$, without prior notice and hearing, annulled the proclamation of a winning part and directed the 1unicipal 7oard of $anvassers to reconvene and effect corrections in the total number of votes received b the candidates and thereafter proclaim the winner, the e!pedient action to ta%e is to direct the 1unicipal 7oard of $anvassers to reconvene and. after notice and hearing in accordance with rule *:, section : of the $01E3E$ &ules of "rocedure, to effect the necessar correction, if an , in the election returns and, on the basis thereof, proclaim the winning candidate or candidates as members of the Sangguniang 7a an) #ngelia vs. $01E3E$,<<* S$&# :I:, <. It is improper for the $01E3E$ to annul the proclamation of a winning candidate on the basis of new and additional evidence which were not presented before the 7oard of $anvasssers and which were not furnished to the said candidateO &eliance should not be placed on mere affidavits for the purpose of annulling a winning candidateNs proclamation. )+ela o vs. $01E3E$, <*: S$&# :8<, =. # proclamation subsequentl declared void is no proclamation at all and while a proclaimed candidate ma assume office on the strength of the proclamation of the 7oard of $anvassers he is onl a presumptive winner who assumes office sub(ect to the final outcome of the election protest. )3onzanida vs. $01E3E$, <88 S&# 59*, E3E$-I02 $02-ES-S #. Lurisdiction 8, Supreme $ourt )"residential Electoral -ribunal, 8. 6 "resident 6 +ice'"resident ) Sec. =, #rt +II, "hil. $onst, *, Senate Electoral tribunal

29 CPRDumlao

6 Senators )Sec 8:, #rt +I, "$, <, /ouse of &epresentatives Electoral -ribunal 6 $ongressmen ) Sec 8:, #rt +I, "$? Sampa an vs. Daza, *8< S$&# F9:, =, $ommission on Elections 6 &egional 0fficials 6 "rovincial 0fficials 6 $it 0fficials ) Sec *)*,. #rt IC'$, "$? Sec *=H 7" FF8, I, &egional -rial $ourt 6 1unicipal 0fficials ) Sec *)*,, #rt IC'$, "$? Sec *I8, 7" FF8, "apanda an vs. $01E3E$ , *<9 S$&# =5H, 5, 1etropolitan -rial $ourt, 1unicipal $ircuit -rial $ourt, and 1unicipal -rial $ourt 6 7aranga 0fficials P Sec *)*,, #rt IC'$, "$? Sec *I* 7" FF8? &egatcho vs. $leto, 8*5 S$&# <=*Q 6 Sangguniang Gabataan ) Sec 8, &# :855, 7. #ction which ma be filed i. Election "rotest &equisites: i. 1ust be filed b an candidate who has filed a certificate of candidac and has been voted upon for the same office. ii. 0n ground of fraud, terrorism, irregularities or illegal acts committed before, during or after the casting and counting of votes iii. Kithin 89 da s from the proclamation of the results of the election. ii. 4uo Karranto &equisites: i. .iled b an registered voter in the constituenc ii. 0n grounds of ineligibilit or dislo alt to the &epublic of the "hilippines iii. Kithin 89 da s from the proclamation of the results of the election $ "rocedure 8. "eriod of filing contest a. "eriods i. "resident and +ice'"resident 8, "rotest' <9 da s ) &ule 8=, &ules of "residential Electoral -ribunal, *, 4uo Karranto' 89 da s ) &ule 8I, &ules of "residential Electoral -ribunal, ii. Senators 8, "rotest 8I da s ) &ule 8=, &evised &ules of Senate Electoral -ribunal,

*, 4uo Karranto 89 da s ) &ule 8I, &evised &ules of Senate Electoral -ribunal, iii. $ongressmen' 89 da s ) &ule 85 and 8:.8HHF &ules of /ouse of &epresentatives Electoral -ribunal, iv. &egional, provincial and cit officials'89 da s ) Sec *I9 and *I<, 7" FF8? &epublic vs. Dela &osa, *<* S$&# :F, v. 1unicipal 0fficials' 89 da s ) Secs *I8 and *I<, 7" FF8, vi. 7aranga 0fficials 89 da s ) Sec *I* and *I<, 7" FF8, vii. Sangguniang Gabataan' 89 da s ) Sec 8, &# :F9F, b. E!ceptions i. -he period to file an election protest or quo warranto case is suspended from the filing of a pre'proclamation case until receipt of the order dismissing the case. )Sec *=F, 7" FF8? >atchalian vs $# , S$&# *9F, ii. If the dismissal was elevated to the Supreme $ourt , the period does not run until receipt of the dismissal b the Supreme $ourt, because review b the Supreme $ourt is part of the proceeding.)>allardo vs &imando, 8F: S$&# =5<, iii. -he running of the reglementar period to file an election protest is tolled b a part Ns elevation to the Supreme $ourt of a $01E3E$ decision resolution of proclamation case. ) &oquero vs $01E3E$ , *FH S$&# 8*9, iv. -he period to file an election protest is suspended b the filing of the petition to annul the proclamation of the winner )1anahan vs 7ernardo, *F< S$&# I9I, v. Since the filing of a pre'proclamation case merel suspends the running of the period to file an election protest, onl the balance of the period is in case of dismissal. ) &oquero vs $01E3E$ , *FH S$&# 8I9, vi. Khere the evidence of the lac% of .ilipino citizenship of a provincial official was discovered onl 8F months after his proclamation, the quo warranto case should be allowed even if it filed more than 89 da s after his proclamation. ) .rivaldo vs $01E3E$ , 8:= S$&# *=I, *. "rotestant or "etitioner "resident and +ice'"resident i. protest' $andidate with second or third highest number of votes ) &ule 8=, &ules of "residential Electoral -ribunal, ii. 4uo Karranto' an voter ) &ule 8I, &ules of "residential Electoral -ribunal, Senator i. "rotest' an candidate ) &ule 8=, &evised &ules of Senate Electoral -ribunal, ii. 4uo Karranto' an voter ) &ule 8I, 8HHF &ules of Senate Electoral -ribunal, $ongressmen i. "rotest' an candidate ii. 4uo Karranto' #n voter ) &ule 8:, 8HHF &ules of /ouse of &epresentatives Electoral

30 CPRDumlao

-ribunal, &egional, provincial, $it 0fficials

the date the casting of votes was held, the protest should not be dismissed. )1iro vs $01E3E$, 8*8 S$&# =55, +erificationD$ertificate of #bsence of .orum Shopping

i. "rotest' an candidate ) Sec *I9, 7" FF8, ii. 4uo Karranto' an voter ) Sec *I<, 7" FF8, 1unicipal 0fficials i. "rotest' an candidate' ) Sec *I8 , 7" FF8, ii. 4uo Karranto' an voter ) Sec *I<, 7" FF8, 7aranga 0fficials i. "rotest' an candidate' ) Sec *I*, 7" FF8, ii. 4uo Karranto' an voter ) Sec *I<, 7p FF8, "a ment of Doc%et .ee Khen the protestant included a claim for attorne Ns fees in his protest and paid the doc%et fee for his claim for attorne Ns fees but did not pa the basic doc%et fee for the election protest , the election protest should be dismissed. ) >atchalian vs $#, *=I S$&# *9F, #llegations in "rotest 6 #n election protest should contain the following (urisdictional allegations: 6 -he protestant is a candidate who dul filed a certificate of candidac and was voted for in the election 6 -he protestee has been proclaimed elected 6 -he date of proclamation ) 1iro vs $01E3E$, 8*8 S$&# =55, 6 #n election protest which does not specif the precinct where the alleged irregularities occurred is fatall defective . )"ena vs /&E- , *:9 S$&# <=9, 6 Substantial compliance is sufficient . -hus the following allegations sufficientl compl with the first requirement. 6 -he protestant received a certain number of votes ) #nis vs $ontreras, II "hil H*H, 6 -he protestant finished second in the election ) #li vs $.I of 3anao, F9 "hil I95, 6 -he protestant was a candidate voted for in the election with a valid certificate of candidac for ma or ) "amania vs "ilapil, F8 "hil *8*, 6 -he protestant was one of the registered candidates voted for and he received a certain number of votes ) Lalandoni vs Sarcon, H= "hil *55, 6 -he protestant was the official candidate of a Pparticular political part and received a certain number of votes ) 1aquina vs 7leza, 899 S$&# :9*, 6 -he protestant was a candidate for governor and was voted for. ) 1acias vs $01E3E$, 8F* S$&# 8<:, 6 Even if the protest did not allege the date of the proclamation, it can be determined from the records of the case that it was filed on time, as when the protest was filed on the tenth from

Khen the petioner failed to state in his verification that the contents of the election protest are true and correct of his own personal %nowledge , said petition lac%s proper verification and should be treated an unsigned pleading and must be dismissed. ) Soller vs $01E3E$, <<H S$&# 5FI, 6 .orum Shopping e!ists when the petitioner files multiple petitions or complaints involving the same issues in two or more tribunal or agencies. ) Domingo vs $01E3E$, <8< S$&# <88, 6 -he requirement that ever initial pleading should contain certification of absence of forum shopping applies to election cases for $ircular 2o. 9='H= does not distinguish ) 3o ola vs $# *=I S$&# =::, -amarong vs 3ubguban, *5H S$&# 5*=, 6 S$ #dm. $ircular 2o 9='H= requiring a certification of non'forum shopping is applicable to election cases as it is mandator . It is, however not (urisdictional.. -he filing of a certification of absence of forum shopping after the filing of the protest but within the period for filing a protest is substantial compliance. ) -umarong, supra, 6 -he strict application of the non'forum shopping rule in election contests would not wor% to the best interest of the parties and the electorate . #n election contest, unli%e an ordinar civil action , is clothed with public interest''' it involves not onl the ad(udication of private and pecuniar interest of rival candidates but paramount to their claims is the deep public concern involved and the need of dispelling the uncertaint over the real choice of the electorate. ) 7arroso vs #mpig Lr, <*F S$&# I<9, Loinder of Election "rotest and 4uo Karranto $ases 6 #n election protest and quo warranto case cannot be filed (ointl in the same proceeding. /owever, the can be filed separatel . ) 3uisaon vs >arcia , >& 2o 3'89H85, 1a 89, 8HI:,. If the were (oined in an action , the should be ordered separated. ) "acal vs &amos, F8 "hil *9, $omposition of 7oard of $anvassers 6 -he illegalit of the composition of the board of canvassers cannot be raised in a quo warranto case, as onl the ineligibilit or dislo alt of the winner can be raised in such case ) Samad vs $01E3E$, **= S$&# 5<8, $hange -heor 6 Substantial #mendments to the election protest cannot be made after the e!piration of the period for filing an election protest. ) #rro o vs /&E-, **= S$&# <F=,

31 CPRDumlao

8=. #bandonment "reliminar 1otions # motion to dismiss and a motion for a bill of particulars ma be filed in an election protest pending before the regular courts, since the $01E3E$ &ules of "rocedure are not applicable to the regular courts because of the e!clusive rule'ma%ing power of the Supreme $ourt. ) #ruelo vs $#, **: S$&# <88, #nswer 85. 0pening of 7allots #n answer file out of time cannot be admitted ) Gho vs $01E3E$ *:H S$&# =5<, Khere the answer of the protestee was filed out of time and a general denial was entered in favor of the protestee, the rule in civil cases that general denials operates as an admission is not applicable ) 3o ola vs /&E-, **H S$&# H9, # counter protest cannot be allowed if the answer was filed out of time ) 3im vs $01E3E$, *F* S$&# I<, $ash Deposit # protestee who filed a counterclaim for attorne Ns fees cannot be required to file a cash deposit since a cash deposit is required onl for a counter'protest ) &oa vs Inting, *<8 S$&# I:, In(unction # protestee cannot be en(oined from assuming office because of the pendenc of an election protest. Jntil the case is decided against him, he has the right to assume office. ) $areno vs Dictado, 859 S$&# :IH, Substitution a. Even if the protestee has resigned , the protest should continue , as a favorable (udgement will be entitled the protestant to assume the office ) Delos #ngeles vs &odriguez, =5 "hil IHH, -he same holds true if the protestee accepted another position ) $alvo vs 1aramba, >& 2o 8<*95, Lanuar :, 8H8F, b. If the protestee died, he should be substituted b his successor such as the vice'ma or ) Dela +ictoria vs $01E3E$, 8HH S$&# I58, /e cannot be substituted b his heirs, since public office cannot be inherited. ) #be(a vs -anada, *<5 S$&# 59, c. If it is the protestant who died, he should be substituted b the public official who would have succeeded him, such as the vice'ma or. ) De $astro vs $01E3E$ *5: S$&# F95, Khen an election protest is filed. -he ballot bo!es should be opened without requiring proof of irregularities, and misappreciation of ballots ) 1anahan vs 7ernardo, *F< S$&# I9I, -he revision of ballots in an election protest filed with $01E3E$ should be held in 1anila ) $abagnot vs $01E3E$, *59 S$&# I9<, 8:. Deferment of $ounter "rotest # protestee cannot as% that before ma%ing the revision of the ballots involved in his counter' protest, the court first determine that the protestant would win on the basis of the revisions of the ballots involved in the protest )#be(a vs -anada, *<5 S$&# 59, 8F. $ertiorari Jnder Sec I9 of 7" 5H:, the $01E3E$ has (urisdiction over petitions for certiorari, prohibition and mandamus involving election cases pending before the courts whose decisions are appealabe to it ) &elampagos vs $Jmba, *=< S$&# 5H9?Edding vs $01E3E$ *=5 S$&# I9*, Khere a petition for certiorari merel questioned the denial of the motion of the protestee for e!tension of the time to answer, the $01E3E$ cannot affirm the decision of the merits in the election protest. ) #costa vs $01E3E$, *H< S$&# I:F, 8H. Evidence -he genuineness of the handwriting in the ballots can be determined without calling handwriting e!perts. ) Erni vs $01E3E$, *=< S$&# I:F, Jnless the original documents or certified true copies of them cannot be produced or photo' copies cannot be used as evidence ) #rro o vs /&E-, *=5 S$&# <F=, 7allots cannot be e!cluded on the ground that the were written b an person or were mar%ed on the basis of mere photo'copies, as the are not the best evidence ) 2azareno vs $01E3E$ *:H S$&# FH, # defeated candidate for president who filed an election protest and ran for senator should be deemed to have abandoned the protest )Santiago vs &amos, *I< S$&# IIH, 8I. Summar Ludgment #n election protest cannot be decided summarl , as summar (udgment applies onl to ordinar civil action for recover of mone )8HH S$&# ==H,

32 CPRDumlao

*9. Demurrer # motion to dismiss for insufficienc of the evidence of the protestant has rested is a demurrer to the evidence. If it was granted but reversed on appeal , the protestee is deemed to have the right to present evidence ) Eno(as vs $01E3E$, *F< S$&# **H, *8. Decision a. authentic election return cannot be annulled because the ballots were lost or destro ed )#rro o vs /&E- *=5 S$&# <F=, b. If the winner is ineligible, the candidate who got the highest number of votes cannot be proclaimed elected as he did not get the ma(orit or pluralit of the votes )Sunga vs $01E3E$, *FF S$&# :5, c. #ctual damages ma be awarded in accordance with the law )Sec *IH, 7" FF8, -he loser cannot be ordered to reimburse the winner for the e!penses incurred in the election protest for no law provides for it ) #tienza vs $01E3E$ *<H S$&# *HF, d. -he mere fact that the decision in favor of the protestant was reversed on appeal is not sufficient basis for the ruling that the protestant should be awarded attorne Ns fees because the protest was filed for harassment )1alaluan vs $01E3E$ *I= S$&# <H:, e. Jnder Sec *5=, par 8 of 7" FF8, as amended , the award of damages is no among the imposable penalties for the commission of an of the election offenses thereunder b an individual )&egalado vs $# <*I S$&# I85, **. E!ecution of Ludgment "ending #ppeal 7" FF8 and other election laws do not specificall provide for the e!ecution pending appeal for (udgment in election cases, unli%e the Election $ode of 8H:8O. -he failure of the e!tant election laws to reproduce Sec *8F of the Election $ode of 8H:8 does not mean that the e!ecution of (udgment pending appeal is no longer available in election casesO. -he Supreme $ourt has e!plicitl recognized and given approval to e!ecution of (udgment pending appeal in election cases filed under e!isting laws. -he rationale wh e!ecution pending appeal is allowed in election cases is to give much recognition to the worth of a trial (udgeNs decision as that which is initiall ascribed b the law to the proclamation b the board of canvassers. >overned b Sec *, &ule <H of the 8HH: &ules of $ivil procedure. E!ecution pending appeal should be based upon good reasons and a combination of two or more of them will suffice to grant e!ecution pending appeal: i. "ublic interest involved or will of the electorate

ii. -he shortness of the remaining portion of the term of the contested office iii. 3ength of time that the election contest has been pending ) .erno vs $01E3E$ <*F S$&# I*, iv. .iling of bond as a condition for the issuance of a corresponding writ of e!ecution to answer for the pa ment of damages which the aggrieved part ma suffer b reason of the e!ecution pending appeal )&amos vs $01E3E$ *F5 S$&# 8FH, 6 E!ecution pending appeal cannot be ordered on the basis of gratuitous allegations that public interest is involved and that the appeal is dilator . )$amlian vs $01E3E$ *:8 , *:8 S$&# :I:, # motion for e!ecution pending appeal filed after the e!piration of the period of appeal can no longer be granted ) &elampagos vs $umba *=< S$&# 5H9, *<. 1otion for &econsideration a. 0ne motion for reconsideration is allowed in the contest involving the following: i. "resident' 89 da s ii. +ice'"resident' 89 da s ) &ule 5I, &ules of "residential Electoral -ribunal, iii. Senator' 89 da s ) &ule 5=, &ules of Senate Electoral -ribunal, iv. $ongressmen' 89 da s ) &ule :=, 8HHF &ules of /&E-, v. &egional, "rovincial and $it 0fficials I da s ) Sec *, &ule 8H $01E3E$ &ules of "rocedure, b. 2o motion for reconsideration is allowed in election contests involving the following: i. 1unicipal officials )Sec *I5, 7" FF8? +eloria vs $01E3E$, *88 S$&# H9:, /owever this rule should not be applied to the dismissal of an election protest for failure of the counsel of the protestant to appear at the pre'trial, since the pre'trial is not applicable to the election protest. )"angilinan vs De 0campo, *<* S$&# , ii. 7aranga 0fficials ) Sec 8H, &ule <: and Sec 8*, &ule <F $01E3E$ &ules of "rocedure, iii. Sangguniang Gabataan ) Sec 8H, &ule <: and Sec 8* &ule <F, $01E3E$ &ules of "rocedure, c. Since onl decisions of the $01E3E$ en banc ma be elevated to the Supreme $ourt , a part who did not file for a motion for reconsideration of a decision of a division of the $01E3E$ cannot elevate the case to the Supreme $ourt )&e es vs &-$ of 0riental 1indoro, *== S$&# =8, d. # resolution of the $01E3E$ en banc is not sub(ect to reconsideration, therefore an part who disagrees with it is to file a petition for certiorariunder &ule 5I of the &ules of $ivil procedure a motion for reconsideration of an en banc ruling, resolution, order, or decision e!cept in election offense cases is a prohibited pleading under the $01E3E$ &ules of

33 CPRDumlao

"rocedure. .or a part to wait until the $01E3E$ en banc denies his motion for reconsideration would be to allow the reglementar period for filing a petition for certiorari with the S$ to run and e!pire. )#ngela vs $01E3E$ , <** S$&# :I:, *=. &eview a. Lurisdiction i. Senator' Supreme $ourt within 59 da s ) Sec =, &ule 5I &ules of $ourt, ii. $ongressmen' Supreme $ourt within 59 da s ) 3erias vs /&E-? Sec =, &ule 5I &ules of $ourt, iii. &egional, provincial, and $it officials Supreme $ourt within <9 da s ) Sec :, #rt IC'# "hil $onst, iv. 1unicipal 0fficials 6 $01E3E$ within I da s ) Sec ** &# :855? Sec < &ule ** of $01E3E$ &ules of "rocedure, 3indo vs $01E3E$, 8H= S$&# *I, 6 Supreme $ourt ' within <9 da s ) &ivera vs $01E3E$ 8HH S$&# 8:F, v. 7aranga 0fficials 6 $01E3E$ within I da s )Sec *)*, ,#rt IC'$, "hil $onst? Sec <, &ule ** $01E3E$ &ules of "rocedure? $alucag vs $01E3E$ *:= S$&# =9I, 6 Supreme $ourt within <9 da s ) .lores vs $01E3E$ 8F= S$&# =F=, b. .orm Khere the appellant filed an appeal brief instead of a notice of appeal to the $01E3E$, the appeal should not be dismissed, since the determination of the will of the people should not be thwarted of technicalities )"ahilan vs -abalba, *<9 S$&# *9I, c. .ailure to "a #ppellate Doc%et .ee i. #n appeal ma be dismissed for failure of the appellant to pa the appellate doc%et fee )&e es vs &-$ of 0riental 1indoro, *== S$&# =8, ii. #n appeal ma be dismissed if the full appellate doc%et fee was not paid , as pa ment of the full amount is indispensable for perfection of the appeal )&odillas vs $01E3E$, *=I S$&# :9*, d. Scope of #uthorit

#n election offense has criminal as well as electoral aspects ) Sunga vs $01E3E$ *FF S$&# :5, 8, Its criminal aspect involves the ascertainment of the guilt or innocence of the accused candidate li%e in an other criminal case, it usuall entails a full'blown hearing and the quantum of proof required to secure a conviction be ond reasonable doubt. *, Its electoral aspect is a determination of whether the offender should be qualified from office. -his is done through administrative proceeding which is summar in character and requires onl a clear preponderance of evidence. 7. Lurisdiction to tr the case -he e!panded (urisdiction of the 1unicipal -rail $ourt ) &# :5H8, does not include criminal cases involving election offenses, because b special provision of Sec *5F of 7" FF8 the fall within the (urisdiction of the &egional -rial $ourt )$01E3E$ vs 2o na *H* S$&# <I=, Jnder Sec *5F of 7" FF8, regional trial courts have e!clusive (urisdiction to tr and decide an criminal action or proceeding for violation of the $ode including those penalized b imprisonment not e!ceeding 5 ears, but e!cept those relating to the offense of failure to vote ) Luan vs "eople <** S$&# 8*I, $. 0ffenses 8. +ote'bu ing a. -he fact that at least one voter in at least *9R of the precincts in a municipalit , cit or province was offered mone b the relatives, leaders or s mpathizers of a candidate to promote his election shall create a presumption of conspirac to bribe voters. b. -he fact that at least *9R of the precincts of the municipalit , cit or province to which the office aspired for b the candidate is affected b the offer creates the presumption that the candidate and his campaign managers are involved in the conspirac . c. #n person who is guilt and willingl testifies shall be e!empt from prosecution ) Sec *F, &# 55=5, d. -he traditional gift'giving b the municipalit during $hristmas which was done to induce voters for the ma or does not constitute vote'bu ing ) 3ozano vs 1artinez, *FI S$&# *I5, *. #ppointment of 2ew Emplo ees

Errors committed b the trial court ma be considered even if the were not assigned as errors )#rao vs $01E3E$ *89 S$&# *H9, CIII. $&I1I2#3 0..E2SES #,. $riminal and Electorate #spects of #n Election 0ffense

-he prohibition against appointment of a government emplo ee within =I da s before regular election refers to positions covered b the civil service and does not appl to the replacement of a councilor who died ) 0ng vd 1artinez, 8FF S$&# F<9, <. Jnauthorized Entr into "olling "lace

34 CPRDumlao

1ere presence of unauthorized person inside a polling place is an offense ) $01E3E$ vs &omillo, 8IF S$&# :85, =. -ransfers of >overnment Emplo ees Since the 0mnibus Election $ode does not per se prohibit the transfer of government emplo ees during the election period but onl penalizes such transfers made without the prior approval of the $01E3E$ in accordance with the implementing regulations, the transfer of government emplo ees before the publication of the implementing regulations is not an election offense. ) "eople vs &e es, *=: S$&# <*F, -wo elements of the offense prescribed under Sec *58 )h, of 7" FF8, as amended are: )8, a public officer or emplo ee is transferred or detailed within the election period as fi!ed b the $01E3E$, and )*, the transfer or detail was effected without prior approval of the $01E3E$ in accordance with its implementing rules and regulations )&egalado vs $# <*I S$&# I85, I. $arr ing Deadl Keapon in "recinct -o support a conviction carr ing a deadl weapon inside a precinct, it is necessar that the deadl weapon be seized from the accused while he was in precinct )1appala vs 1unoz *=9 S$&# 599, 5. .ailure to ma%e "roclamation "roclaiming a losing candidate instead of the winner also constitutes failure to ma%e a proclamation )#gu(etas vs $# *58 S$&# 8:, :. &efusing to credit candidate with vote Jnder section *:)b, of &# 55=5, two act not one, are penalized i.e, first, the tampering, increasing or decreasing of votes received b a candidate in an election, and second, the refusal, after proper verification and hearing to credit the correct votes or deduct such tampered votes.)"imentel vs. $01E3E$,*FH S$&# IF5, D. "rosecution 8. Section *)5,,#rt IC'$ @.ile, upon a verified complaint, or on its own initiative, petitions in court for inclusion or e!clusion of voters? investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses, and malpractices.A -he $01E3E$ has e!clusive (urisdiction to conduct preliminar investigation of and prosecute election offenses )2aldaza vs. 3avilles,*I= S$&# *F5,

*. -his holds true even if the offense is committed b a public officer in relation to his office. )$orpuz vs. -anodba an, 8=H S$&# **F8, <. Khatever initiated motu propio or filed with the $01E3E$ b an other part , the complaint shall be referred to the $01E3E$ 3aw Department for investigation.. -he $01E3E$ $hairman, in his personal capacit ma file directl with the $01E3E$ 3aw Department pursuant to Section =, &ule <= of the $01E3E$ &ules of "rocedure. 2o requirement in section I that onl the $01E3E$ en banc ma refer a complaint to the 3aw Department for investigation nor is there a rule against the $01E3E$ $hairman directing the conduct of a preliminar investigation, even if he himself were the complainant in his private capacit O Khere the complaint was directl filed with the 3aw Department under Section = of &ule <* of the $01E3E$ &J3ES of "rocedure obviousl there is no need to refer such complaint to the same 3aw DepartmentO Jnder Section I of &ule <= of the $01E3E$ &ules of "rocedure, the preliminar investigation ma be delegated to an of those officials specified in the rule upon the direction of the $01E3E$ $hairman )3aurel vs. "residing Ludge, &-$ 1anila 7r 89, <*< S$&# ::F, =. # provincial election supervisor authorized to conduct a preliminar investigation ma file a case without need of approval of the provincial prosecutor. )"p. +s. Inting,8F: S$&# :FF, -he $01E3E$ can deputize prosecutors to investigate and prosecute offenses even after election. )"p. +s. 7asilla,8:H S$&# F:, Since it is a preliminar investigation, it is the $01E3E$ who will determine the e!istence of probable cause, the complainant cannot as% it to gather evidence in support of the complaint. )Gilosba an Inc vs. $01E3E$,*F9 S$&# FH*9 -he court in which a criminal case was filed ma order the $01E3E$ to order a reinvestigation. )"p. +s. Delgado, 8FH S$&# :8I, # prosecutor who was deputized b the $01E3E$ cannot oppose the appeal filed b the $01E3E$ from the dismissal of a case, since the power to prosecute election offenses is vested in the $01E3E$.)$01E3E$ vs. Ssilva,*F5 S$&# 8::,

35 CPRDumlao