Elections Finals 405 Oops

ELECTIONS | Finals Transcript 2014
By RLB
ELECTION PERIOD
Sec. 9, Article IX(C), 1987 Constitution
SECTION 9. Unless otherwise fixed by the Commission in special cases, the election
period shall commence ninety days before the day of the election and shall end thirty days
after.
Sec. 5, R.A. 7166
SECTION 5.Election and Campaign Period. Unless otherwise fixed by the
Commission, the election period for the May 11, 1992 regular elections shall commence
ninety (90) days before the day of the elections and shall end thirty (30) days thereafter.
The campaign periods are hereby fixed as follows:
(a) For President, Vice-President and Senators, ninety (90) days before the day of
the election; and
(b) For Members of the House of Representatives and elective provincial, city and
municipal officials, forty-five (45) days before the day of the election.
However, in the preparation of the election calendar, the Commission may exclude the day
before the day of the election itself, Maundy Thursday and Good Friday.
Any election campaign or partisan political activity for or against any candidate outside of
the campaign period herein provided is prohibited and shall be considered as an election
offense punishable under Section 263 and 264 of the Omnibus Election Code.
ELECTION OFFENSES
Sec. 261, OEC:
A. Vote buying and vote selling (Take note of the and Vote-buying AND Voteselling.)
(1) Who is liable any person
Prohibited acts:
Giving, offering or promising money or anything of value
Giving or promising any employment, franchise or grant, public or private
Making or offering to make an expenditure, directly or indirectly
Causing an expenditure to be made to any person or entity
To induce anyone or the public in general:
o
To vote for or against any candidate
o
Withhold his vote in the election
o
To vote for or against any aspirant for the nomination or choice of a
candidate in a selection process of a political party
(2) Other persons liable any person, association, corporation, group or community
Prohibited acts:
Soliciting or receiving, directly or indirectly, any expenditure, or promise of
any office for any of the above.
NOTE:
! vote-buying does not happen only during Election Day; it also happens on party
conventions when they select the standard bearer or the candidates of a
particular party.
! vote-buying AND vote-selling are under one section. As it may be shown later in
once case when it says that it cannot be vote-buying without vote-selling and vice
versa.
B. Conspiracy to bribe voters

Who is liable - 2 or more persons, candidates or not
Prohibited act:
Agree to violate paragraph (a) and decide to commit it
C. Wagering upon result of election
Who is liable any person
Prohibited act:
Betting upon the outcome of the election
D. Coercion of subordinates
(1) Who is liable persons with moral ascendancy like public officer, head, superior,
employer, or landowner
Prohibited acts:
Coerces or intimidates or compels, or in any manner influence, directly or
indirectly, any of his subordinates
Purpose of coercion:
To aid, campaign or vote for or against any candidate or any aspirant for the
nomination or selection of candidates.
(2) Who is liable persons with moral ascendancy like public officer, head, superior,
employer, or landowner
Prohibited act:
Retaliates or penalize his subordinates
Purpose:
For disobeying or not complying with any of the acts ordered by the former
to aid, campaign or vote for or against any candidate, or any aspirant for the
nomination or selection of candidates
NOTE: selection process during party conventions is covered by conspiracy or with this
title.
E. Threats, intimidation, terrorism, use of fraudulent device or other forms of
coercion (TITUO)
Prohibited acts:
Compulsion or induction through TITUO of acts relating to registration,
campaign, voting upon any person or that of the immediate members of his
family
F. Coercion of election officials and employees
Prohibited acts:
Threatens, intimidates, terrorizes, or coerces
Any election official or employee in the performance of his election duties
NOTE: elections officers are protected by law
G. Appointment of New employees, Creation of New Position, Promotion or Giving
Salary Increases
Who is liable any head, official or appointing officer of a government office, agency or
instrumentality, whether national or local, including GOCC
Prohibited acts:
(1) Appointment or hiring of any new EE, provisional, temporary or causal
(2) Creation and filing any new position
Except:

By RLB
(1) Upon prior authority from the Commission

(2) Urgent need
(3) Promotion
(4) Giving any salary increase or privilege to any government official or
employee, including GOCC
Period of prohibition 45 days before a regular election and 30 days before a special
election
H. Transfer of Officers and Employees in Civil Service
Who is liable any public official
Prohibited acts:
asking or causing any transfer or detail of any officer or employee in the civil
service including public school teachers
Period of prohibition election period
Except: upon prior approval of the Commission
SIR: there is a need to emphasize public school teachers because during the elections,
they are the backbone of the Comelec in the conduct of the counting and voting.
I. Intervention of Public Officers and EEs
Who is liable:
(1) Any officer or employee in the civil service, except those holding political offices
(2) Any officer, EE or member of the AFP, PNP and other para-military units
Prohibited acts: (direct or indirect)
Intervention in any election campaign
Except:
To vote
To preserve public order, if he is a peace officer
J. Undue influence
Who is liable any person or entity
Prohibited acts:
Promises any office or employment
Make or offer to make expenditure or cause an expenditure to be made on
nay person or entity
Or to vote for or against any candidate in any election or aspirant for
nomination
K. Unlawful electioneering
Who is liable silent
Prohibited act:
Solicit voters
Undertake any propaganda for or against any candidate or political party
Period of prohibition:
Day of registration
Election day
L. Prohibition against dismissal of employees, laborers, or tenants
Who is liable: ER or landowner
Prohibited act:
Dismissing or ejecting his subordinate for refusing or failing to vote for any
candidate of his employer or landowner
M. Appointment or use of special policemen, special agents, confidential agents
or the like
(1) Who is liable any appointing authority
Prohibited act appointing of special policemen, etc.
Prohibited act use of service of special policemen, etc.
(3) Who is liable persons previously appointed as special policemen, etc.
Prohibited acts:
continuance of acting as special policemen
failure to turn-over their firearms, uniforms, etc.
Period of Prohibition:
Campaign period
Eve and day of election
Reportorial requirement:
Who will report LCE or any appointing authority
What to report list of special policemen, etc. in the employ of their respective
political subdivisions and other particulars as the Commission may require
N. Illegal release of prisioners before and after election
Who is liable:
Director Bureau of Prisons
Any provincial warden
Keeper of the jail or persons required by law to keep prisoners in their custody
Prohibited acts:
Illegally ordering or allowing any prisoner to leave the premises of jail facility
60 days before election
30 days after election
NOTE: All releases of prisoners without court order are illegal. However, on this provision,
we emphasize that it is not allowed to release prisoners BEFORE and AFTER election
because before, there were some jail wardens who connived with the politicians; they
would release prisoners for the purpose of eliminating an opponent in the elections.
O. Use of Public Funds, Money deposited in trust, equipment, facilities owned or
controlled by the government for an election campaign
Who is liable - any person
Prohibited acts:
Use of public funds, property and media facility
For any election campaign or any partisan political activity
Under any guise whatsoever
Directly or indirectly
P. Deadly Weapons
Who is liable - any person
Prohibited acts: carrying of any deadly weapon in the polling place and within 100
meter radius
Period of Prohibition:
Days and hours fixed by law for
o
Registration of voters in the polling place
o
Voting, counting of votes
o
Preparation of election returns

By RLB
Except: Officer or public officer authorized by the Commission to maintain peace

and order
Deadly weapons: firearms, knives, ice peak, etc.
When the Commission issues a regulation out of that, they qualify that if it is an
incident to the lawful exercise of a profession, it may be allowed. For example: bolo
for farmers, razor for barbers, etc.
Q. Carrying of Firearms outside residence or place of Business (Gun Ban)
Who is liable: any person even if with permit to carry firearms
Prohibited acts: carrying any firearm outside his residence or place of business
Provided: motor vehicles, water or air craft shall not be considered a residence or
place of business or its extension
Period of prohibition: election period
Except: if authorized in writing by the Commission
NOTE:
! At the onset of the election period, automatically there is a gun ban.
! The exemption is not automatic. You are only allowed to apply for exemption. If
allowed, that is the only time that you will be allowed to carry firearms outside of your
residence or place of business.
R. Use of armored land, water or aircraft
Prohibited act - any armored land, water or air craft, provided with any
temporary or permanent equipment or any other device or contraption for the
mounting or installation of cannons, machine guns and other similar high caliber
firearms, including military type tanks, half trucks, scout trucks, armored trucks,
of any make or model, whether new, reconditioned, rebuilt or remodeled.
Campaign period
Except: banking or financial institutions which may use not more than 2 armored vehicles
upon prior authority of the Commission
S. Wearing of uniforms and bearing arms
Who is liable any member of security of government agencies or privately-owned
security agencies
Prohibited acts:
Wearing of uniform
Use of insignia, decorations or regalia
Bearing arms outside vicinity of place of work
Except:
Pursuit of a person who committed crime
Escorting transport of payroll or valuables
T. Policemen and Provincial Guards acting as Bodyguards or security guards
(1) Who is liable - any member of the AFP or PNP and para-military forces
Prohibited acts - acting as bodyguard or security guard of any public official,
candidate or any other person
(2) Who is liable - any public official, candidate or any other person
Prohibited act: use of body or security guard
Except: with authority from the Commission when there is threat to life and security
Campaign
SIR: There are some public officials who are detailed with police officers prior to the
election period. At the onset of the election period, automatically the detail is revoked.
They must apply again on whether or not they can be detailed with a policeman from the
PNP.
The qualification here is that, when you apply, you must prove that there is a real threat
to your life and security.
U. Organization or maintenance of reaction forces, strike forces, or other similar
forces
Prohibited acts:
Organizing or
Maintaining of reaction, strike, or similar forces
V. Prohibition against release, disbursement or expenditure of public funds
Who is liable - any public official or employee
Prohibited acts - release, disbursement or expenditure of public funds for:
(1) any and all kinds of public works
Except:
a) maintainance of existing and/or completed public works project
b) work undertaken by contract through public bidding held; or by
negotiated contract awarded before the 45-day prohibited period
c) payment for the usual cost of preparation
d) emergency work to repair damage due to calamity
e) ongoing public works project commenced before the campaign
period
f) similar projects under foreign agreements
(2) DSWD and other departments or offices performing similar functions
Except:
(a) salaries of personnel
(b) routine and normal expenses
(c) upon authority from the Commission
In case of calamity:
all releases shall be turned over to the PNRC under the supervision
COA
no candidate, or spouse or member of family within the second civil
degree of consanguinity or affinity shall participate in the
distribution of relief goods to calamity victims.
(3) Housing and any other government department performing similar functions
Except:
(a) salaries of personnel
(b) necessary administrative expenses
(c) upon prior authority from the Commission

By RLB
(a) 45 days before regular elections
(b) 30 days before special elections
W. Prohibition against construction of public works, delivery of materials for
public works and issuance of treasury warrants and similar devices
Prohibited acts:
(a) Undertakes the construction of any public works, except for projects or works
exempted in the preceding paragraph; or
(b) issues, uses or avails of treasury warrants or any device undertaking future
delivery of money, goods or other things of value chargeable against public
funds.
45 days before regular elections
30 days before special elections
X. Suspension of Elective Provincial, City, Municipal or Barangay Officer
Who is liable any public official
Prohibited act:
Suspension of any elective provincial, city, municipal or barangay official
Except:
Upon prior approval of the commission
Applying Anti-Graft And Corrupt Practices Act
SIR: If it involves an offense covered under the Anti-Graft and Corrupt Practices Act, the
local elective official may be suspended even during election period. And take note that it
refers to ELECTIVE officials and not APPOINTIVE.
Y. On registration of voters
17 offenses
Under sec. 45 of RA 8189
10 offenses, including any violation of the Act
Penalty under RA 8189

At least 1 year but not more than 6 years of imprisonment
Without probation
Disqualification to hold public office
Deprivation of suffrage
If political party fine of at least 100k to 500k
SIR: In other words, under RA 8189, not only individuals can be penalized but also
political parties.
Z. On voting
24 offenses
notably:
voting more than once or even if not registered
voting in substation for another, with or without the latters knowledge or
consent
not being illiterate, allows another to prepare his ballot
availing of any means of scheme to discover the contents of the ballot of a
voter who is preparing or casting his vote or who has just voted
revealing by assistor of contents of ballot
AA. On canvassing
(1) Who is liable any of the BOC
Penalized act failure to notify candidates, parties and members of BOC
(2) Who is liable any member of BOC
Prohibited acts:
Canvass and/or proclamation suspended or nullified by the Commission
Canvass and/or proclamation without quorum or notice
Use of un-official copy of election returns in the canvass and or proclamation,
without authority from the Commission
SIR: there are three BOC the Chairman, the Vice-Chairman & the Secretary; there must
be at least two at that time. And the election returns or other documents used during
elections are called ACCOUNTABLE FORMS. This means that we cannot use any other form
without the authority from the Commission.
BB. Common to all BEI and BOC
Who is liable any BEI or BOC member
Prohibited acts:
1) Deliberate absence to obstruct or delay performance of election duties
2) Refusal, without justifiable reason, to sign and certify any election form
required although he was present during the meeting
Prohibited acts:
3) Disorderly conduct that interrupts or disrupts BEI or BOC proceedings,
preventing it to perform its functions, partly or totally
4) Acceptance, assumption and actual service of appointment to BEI or BOC
despite being ineligible
SIR: You can be ordered arrested by the BEI or BOC and the ground is for
disrupting the proceedings of the BEI or BOC. Take note that the BEI/BOC does
not have contumacy powers, meaning they cannot cite you in contempt if you
misbehave inside the polling place; but they can have you arrested and bodily
ejected from the polling place.
Who is liable any public officer or any oerson acting in his behalf
Prohibited acts:
5) Appointment of such person despite knowledge of ineligibility
Who is liable any public officer or any person acting in his behalf
Prohibited acts:
6) Relief or transfer of assignment of any BEI or BOC member
Except: upon prior authority from the Commission
SIR: It is not the authority granted AFTER that ratifies the act EXCEPT
appointment to fill an urgent need. It can be remedied by a subsequent act like a
report to the Commission, that you have made an appointment to fill an urgency
that is urgent, within three days from the date of appointment
CC. On candidacy and Campaign
Campaign period:
President and VP: 90 days
HR and local officials: 45 days

By RLB
(1) Who is liable any political party

Prohibited act holding party conventions to nominate candidates earlier than
the period fixed by law

Prohibited acts:
Abstraction, destruction or cancellation of the CoC which has not been
cancelled upon order of the Commission
Misleading BEI by submitting false CoC to the prejudice of a candidate
(3) Who is liable any person authorized to receive CoC
Prohibited acts:
Receipt of CoC outside of filing period and making it appear that it was filed
on time
SIR: It is the election officer in smaller municipalities; But in cities, there are many
assistants who receive the COC in behalf of the election officer.
NOTE: Sec. 14 of the Fair Election Act has expressly repealed the above
enumeration. Hence, it is now allowed.
SIR: This is a common question during campaigns: How about t-shirts, lighters,
fans, etc.? The Omnibus Election Code says balloons are not allowed; pens,
lighters, fans, flashlights, athletic goods, wallets, shirts, hats, bandanas, matches,
cigarettes and the like are not allowed.

Prohibited acts:
Compulsion of such receipt by means of fraud, threat, intimidation, terrorism
or coercion

Prohibited acts:
For or against any candidate or political party, within the polling place or
within 30 meter radius:
o
Soliciting votes
o
Undertaking any propaganda
Period of prohibition - election day
Prohibited forms of election propaganda under Sec. 85 of the OEC
For independent candidates:

o
In not more than 10 public places
o
Maximum size of poster area 4 x 6
Private places: with the consent of the owner (There is no limit as to the size
of the poster area but the poster itself must still conform with the size
requirements)
Public places and property: designated and allocated equitably and
impartially
ELECTION OFFENSES ON CAMPAIGN UNDER THE FAIR ELECTION ACT

Lawful election propaganda:
(1) pamphlets, leaflets, cards, decal, sticker or other printed materials 8
x 14 (Long bond paper as the maximum size)
(2) handwritten or printed letters (The rule is silent but, again, the
maximum is the size of a long bond paper.)
(3) posters 2 x 3 (maximum)
(4) streamers 3 x 8 displayed 5 days before a rally and removed within 24
hours after
(5) paid advertisement in print or broadcast media
identified by reasonable audible and legible words political
advertisement paid for followed by the true and correct name and
address of the candidate or party
if broadcast is free: airtime for this broadcast was provided free of
charge by followed by true name and address
donated ads cannot be published without written acceptance by the
candidate
(6) other forms not prohibited by OEC or the Fair Election Act
Poster Areas
Comelec may authorize political parties and party-list to erect common
poster areas for their candidates:
o
In not more than 10 public places such as plazas, markets,
barangay centers
o
Maximum size of poster area 12 x 16
NOTE: it is the poster area and not the poster itself; the 12x16 ft. poster
area is to be shared with the other candidates having 2x3 ft. poster
maximum.

Prohibited acts:
Obstruction or interference, by any device or means, with a radio or
television broadcast of any lawful political program
Balloons and the like of whatever size, shape, form or kind

Pens, lighters, fans, flashlights, athletic goods, wallets, shirts, hats,
bandanas, matches, cigarettes and the like
Donation of airtime by any radio or TV station
Public advertisement through cinematography, audio-visual units or other
screen projections
SIR: In other words, there are two kinds of poster areas; the one authorized by
the Comelec upon request by the political party or candidate and the one
designated by the Commission.
Maximum expenses allowed

Candidates with political party: P3
Independent candidates: P5
Political parties and party-list: P5
SIR: If you have a party, the total of your maximum expense is P8. This is
insofar as local candidates is concerned; for Presidents, I think its P10.
NOTE: amount is based on the total number of registered voters in the territorial
jurisdiction (For example, if the total number of registered voters in Cebu City is
500K, multiply that by Php3; that is your maximum allowable expense.)
Reportorial requirements
What to report: Statement of Contribution and Expenditures Expenses
(SOCE)
When to report: within 30 days from day of election
Who will report: candidate or party treasurer

By RLB
Effect of failure to file

Paid within 30 days from receipt of notice of failure to file, or
else, enforceable by writ of exection: (depending upon the
discretion of the Commission)
>
1st offense: Administrative fine of 1-30k
>
2nd offense: administrative fine of 2-60k
perpetual disqualification to hold public office
winners who fail to fail cannot assume office
Except: candidates for eletive barangay officer
Duty of election officer advise in writing within 5 days from

election all candidates within area of jurisdiction to comply with
filing requirements
DD. Other Prohibitions

(1) Liquor Ban
Prohibited acts
Selling, furnishing, offering, buying, serving or taking intoxication liquor
Period of prohibition
Except:
Hotel and restaurants
>
Duly certified by the Department of Tourism as tourist-oriented
>
Habitually catering to foreign tourists
>
Upon prior authority from the Commission
SIR: who can buy? only the foreigners. And take note that the state of intoxication is not
prohibited. Kung hubog ka. Pwde ra.
(2) Opening of booth or stalls
Prohibited acts
Opening of any booth or stall for the sale, dispensing or display of any
merchandise
Place of prohibition
Any polling place or within 30 meter radius
During election and counting of votes (there is a need to specify counting of
votes because sometimes the counting of votes extend beyond the Election
Day)
SIR: sometimes this is extended by the Comelec on Election Day to 50 meters.
(3) Holding of fairs, cockfights, boxing, horse races, jai-alai, or any other similar
sports
(4) Refusal to carry election matter
Prohibited acts
Refusal to carry official election matters free of charge
Election period
Who is liable
Any operator or EE of a public utility or transportation company operating
under certificate of public convenience
ER or deputized agents of postal service controlled by a GOCC

Effect
Cancellation or revocation of Certificate of Public Convenience or franchise
(5) Prohibition against discrimination in the sale of air time

Prohibited acts
Discrimination against candidate or political party in the sale of airtime
Who is liable
Any person who operates a radio or TV station
Except: when there is justifiable reason
Persons Criminally liable for election offenses:
Principals
Accomplices
Accessories
As defined by the RPC
Penalties:
Imprisonment of not less than 1 year but not more than 6 years
Not subject to probation
Disqualification to hold public office
If foreigner: deportation after service of sentence
If political party: fine of not less than 10k
SIR: If the election offense is defined under the Automated Election Law; its not
1year to 6years anymore but 8years to 12years
Other election offenses mentioned in Sec. 262, OEC
Prohibited acts under Sec. 29 of RA 8436, as amended by Sec. 28 of 9369
(1) Unauthorized use, tampering with, damaging, destroying or stealing:
Official ballots, election returns or certificates of canvass used in automation
Election devices or their components, peripherals or supplies such as
counting machine, memory pack and computer set used in automation
(2) Interfering with, impeding, absconding for purpose of gain, preventing the
installation or use of computer counting devices and the processing, storage,
generation and transmission of election results, data or information
(3) Gaining, or causing access to using, altering, destroying or disclosing any
computer data, program, system software, network, or any computer-related
devices, facilities, hardware or equipment, whether classified or declassified
(4) Refusal of citizens arm to present for perusal its copy election returns to the BOC
Penalty under this Act (Automated Election Law):
Imprisonment of 8 years and 1 day to 12 years
Without possibility of parole
Perpetual disqualification to hold public office
Perpetual disqualification to hold any non-elective office
Electoral Sabotage under Sec. 27 of RA 6646, as amended by Sec. 42, RA
9369
Electoral Sabotage (defined as)
A special election offense

By RLB
committed by
Any person
Any BEI member
Any BOC member
Who
>
Tampers
>
Increases
>
Decreases votes received by a candidate
>
Refuses, after proper verification and hearing
>
To credit, correct vote or deduct tampered vote committed
On a large scale or substantial number
Instances of Electoral Sabotage

When tampering, increase, or decrease or refusal to credit or deduct the votes
received by any candidate in any election:
(a) Is committed in the election of a national elective office voted upon
nationwide
And the votes involved adversely affect the results of the elections
(b) Regardless of elective office involved, it is accomplished in a single
document, or election results are transposed from one election document to
another, involves a number of votes exceeding 5000
(c) If the number of votes involved exceeds 10000
Adversely affects the results of the election
Penalty life imprisonment
Other persons liable any and all persons in conspiracy or in connivance with any
member of the BEI or BOC
SIR: What happens if it does not adversely affect the results of the elections? It is still an
election offense but no longer an electoral sabotage. It is lower than electoral sabotage.
PROSECUTION OF ELECTION OFFENSES
Part V, G. Election Offenses, Rule 34, Section 1, Comelec Rules of Procedure
(Authority of the Commission to Prosecute Election Offenses)
Section 1
Exclusive power to investigate and prosecute
unless otherwise provided by law.
SIR: When you say power to investigate, it is the power to conduct preliminary
investigation to determine probable cause whether or not you file a case against that
person.
Section 2
Continuing delegation of authority to other prosecution arms of the government in their
capacity as deputies of the Commission
To investigate and prosecute complaints for election offenses under election laws
Filed directly with them or indorsed to them by the Commission
Such authority may be revoked and withdrawn anytime to:
(1) Protect the integrity of the Commission
(2) Promote the common good
(3) When it believes successful prosecution can be done by the Commission
SIR: The Commission can deputize practically anybody from the Government.
Sec. 265 of OEC, as amended by Sec. 43 of RA 9369

Commission, through its duly authorized legal officers, has the power to investigate
and investigate election offenses punishable under the OEC.
Concurrent with other prosecuting arms of the government
Prescription of election offenses:
After 5 years from date of commission
If discovered during election contest proceedings, period commences when judgment
on such proceedings becomes final and executory.
People v Bayona, 61 Phil. 181
Facts: A person was convicted for carrying a firearm within 50 meters from the polling
place. He argued that he merely alighted from his car when his friend called him. He had
no intention to go inside the polling place, much less to vote or campaign for anybody. In
short, he had no intention to intimidate the voters or in any manner influence the conduct
of election.
Held: Election laws are statutory or special laws. Hence, they are mala proibita. As such,
lack of intent is not a defense.
NOTE: the fact that election offenses are mala prohibita is only a general rule. As you can
see in other cases, it is different.
People v Fuentes, 181 Phil. 186 (wala g.discuss ni sir)
Domalanta v Comelec, G.R. No. 125586, June 29, 2000
Facts: The POBC and their support staff were accused of conspiracy to pad votes. The
results from municipalities were padded by retaining the last 3 digits but changing the first
digit to add as low as 1,000 and as high as 10,000 votes amounting to at least 44,000
benefiting at least 3 senatorial candidates. They argued it was an honest mistake.
Held: Magnitude of error belies honest mistake in the performance of election duty. If
computation discrepancies are too substantial, it cannot be categorized as mere
computation error resulting from fatigue.
Garcia v CA, G.R. No. 157171, May 14, 2006
Facts: the MBOC chairman was convicted for decreasing votes by at least 5,000. She
argued that she has no motive to cheat. As a matter of fact, it was not credited to another
candidate. She could not explain how the 5,921 votes were reduced to 1,921. It must
have been through honest mistake due to fatigue.
Held: the act of decreasing the votes of one candidate, even if not credited to another, is
inherently immoral, because it is done with malicious intent to injure another.
As such mala in se, even if as a general rule, violation of election law is mala prohibita.
But while lack of intent may be a defense in mala in se, it is negated during trial in this
case where she admitted she:
"
Announced 1,921 instead of 6,921
"
Prepared the COC even if it was not her duty thus indicating intent to manipulate
the results
"
And she could not explain how the votes were decreased which is inconsistent
with her bounden duty to ensure accuracy of the entry of the Statement of Votes
and Certificate of Canvass, sensitive election documents which entries must be
thoroughly scrutinized.
SIR: From the Official Ballots, you copy that to the Election Returns. All the Election
Returns are consolidated and become the Statement of Votes. The Statement of Votes

By RLB
lists the precinct number, the names of the candidates and the corresponding votes
obtained by each candidate. After that, it becomes the Certificate of Canvass and
Proclamation. This list only contains those who got the winning number of votes,
which is the basis for proclamation.
The BOC is bound by law to exercise extreme diligence in the counting as well as the
recording of all the votes.
Bernardo v Abalos, G.R. No. 137266, December 5, 2001
Facts: Father and son were charged with vote buying after they treated the public school
teachers to free transportation, food, and drinks affair during which it was announced that
they will be given hazard pay and additional allowance.
Held: A complaint for vote buying must be supported by affidavits of complaining
witnesses attesting to the offer of money or other consideration or acceptance of such
offer.
Self-serving statements and uncorroborated videos and visual recordings and photographs
are not sufficient.
SIR: This is the common mistake of most lawyers. When they file a complaint for
vote-buying or for any other election offense, they just present to us the
photograph without submitting an affidavit of the person who took the
photograph.
Lozano v Comelec, G.R. No. 94626, October 28, 1991
Facts: A candidate for mayor was charged with vote-buying after he distributed gift
packages and leaflets of his ticket to the constituents during campaign period. It was part
of the annual gift-giving tradition of the city government.
Held: Section 261 (a) the law on vote buying, also penalizes vote selling. Thus, a
complaint for vote buying must be pursued against both the buy and seller.
It requires more than a tenuous deduction to prove the offense of vote buying. There must
be concrete and convincing evidence or at least strong circumstantial evidence.
SIR: There cannot be vote-buying without vote selling. You cannot buy a vote
from somebody who did not sell a vote.
There is a case that went like this: the supporters were about to leave their
houses to go to the polling place; but the supporters of another candidate arrived
at their residences and gave them money stapled to a sample ballot. So what
they did was they reported the matter to their candidate for the filing of the case.
But the fact that they gave the money and the sample ballot to their candidate
means that they decline the offer to buy the vote. In other words, by their
desistance alone, it negated the crime of vote-buying, because they did not sell
the vote. Their intention of filing of the case in itself negated one element of the
complaint for the offense of vote-buying.
It must be in tandem, vote-buying and vote selling. You cannot have one without
the other. Thats why vote-buying is so hard to allege much less prove because it
involves collusion. The buyer and the seller agreed to do something that is illegal.
As a matter of fact, as we will learn in one case later on, if you sold your vote you
can be a witness. If you are a witness after you sold your vote, you can be
exempted from criminal prosecution and liability. That is a privilege given to
those who divulge the matter of vote-buying.
Comelec v Espaol, G.R. Nos. 149164-73, December 10, 2003

Facts: the Commission authorized the prosecutor to investigate and prosecute a case for
vote-buying. It later decided however to exempt from prosecution the witnesses who
testified about vote-buying and to dismiss the cases against them. The Prosecutor
opposed on the ground that exemption applies only to vote-buying whereas the witnesses
are charged with vote-selling. The lower court denied the motion on the groud that the
power to exempt is not absolute the court has authority to decide.
Held: The Commission has the sole power to investigate and prosecute election offenses
like vote-buying and vote-selling. Its delegated authority to the prosecution may be
revoked anytime, expressly or impliedly, at any stage of the proceedings.
Likewise, it has the sole power to exempt witnesses from prosecution for vote-buying and
vote-selling. These powers cannot be interfered with by the trial court much less opposed
by the prosecutor absent clear showing of grave abuse of discretion.
SIR: In other words, the power of the Comelec to investigate and prosecute and
exempt persons from prosecution and investigation of election offenses is its own
discretion; it cannot be superseded by the prosecutor who is only delegated to
prosecute and also it cannot be denied by the trial court especially in the absence
of grave abuse of discretion.
CERTIFICATE OF CANDIDACY
WHAT IS CERTIFICATE OF CANDIDACY (COC)
It is in the nature of a formal manifestation to the whole world of the candidates
political creed or lack of political creed.
It is a statement of a person seeking to run for a public office certifying that he
announces his candidacy for the office mentioned and he is eligible for the office, the
name of the political party which he belongs, if he belongs to any, and his post office
address for all election purposes being well stated. (Sinaca v Mula)
It is the document which formally accords upon the person the status of a
candidate.
Without a valid COC one is not a candidate
WHO MAY FILE
SECTION 63.Qualifications for President and Vice-President of the Philippines.
No person may be elected President or Vice-President unless he is a natural-born citizen of
the Philippines, a registered voter, able to read and write, at least forty years of age on
the day of election, and a resident of the Philippines for at least ten years immediately
preceding such election. (Secs. 2 and 4, Art. VII, Const.)
SECTION 64.Qualifications for Members of the Batasang Pambansa. No person
shall be elected Member of the Batasang Pambansa as a provincial, city or district
representative unless he is a natural-born citizen of the Philippines and, on the day of the
election, is at least twenty-five years of age, able to read and write, a registered voter in
the constituency in which he shall be elected, and a resident thereof for a period of not
less than six months immediately preceding the day of the election. (Sec. 4, Art. VIII,
Const.)
A sectoral representative shall be a natural-born citizen of the Philippines, able to read and
write, a resident of the Philippines for a period of not less than one year immediately
preceding the day of the election, a bona fide member of the sector he seeks to represent,
and in the case of a representative of the agricultural or industrial labor sector, shall be a
registered voter, and on the day of the election is at least twenty-five years of age. The

By RLB
youth sectoral representative should at least be eighteen and not be more than twentyfive years of age on the day of the election: Provided, however, That any youth sectoral
representative who attains the age of twenty-five years during his term shall be entitled to
continue in office until the expiration of his term. (Sec. 12, BP 697)
SECTION 65.Qualifications of elective local officials. The qualifications for elective
provincial, city, municipal and barangay officials shall be those provided for in the Local
Government Code.
Qualification of President and VP:
Natural- born citizen of the Philippines
A registered voter
Able to read and write
At least 40 years old on the day of election
A resident of the Philippines for at least 10 years prior to election
The president shall not be eligible for any re-election.
The vice president shall not serve for more than 2 successive terms
Qualification of Senator:
Natural-born citizen of the Philippines
A registered voter
Able to read and write
At least 35 years old on the day of election
A resident of the Philippines for at least 2 years prior to election
The senator shall not serve for more than 2 successive terms
Qualification of Representative:
At least 25 years old
A resident of the district for at least 1 year
Registered voter of the district
Qualifications of local elective officials:
Governor, Vice Governor,
Member of Sangguniang Panlalawigan
Mayor, Vice Mayor, SP or SB member
Punong Barangay and Kagawad
o
Filipino Citizen
o
Registered Voter of the Province, city, municipality, district or barangay
o
Resident for at least 1 year immediately preceding the date of election
o
Able to read and write Filipino or any local language or dialect
CONTENTS OF COC
SECTION 74. Contents of certificate of candidacy. The certificate of candidacy shall
state that the person filing it is announcing his candidacy for the office stated therein and
that he is eligible for said office; if for Member of the Batasang Pambansa, the province,
including its component cities, highly urbanized city or district or sector which he seeks to
represent; the political party to which he belongs; civil status; his date of birth; residence;
his post office address for all election purposes; his profession or occupation; that he will
support and defend the Constitution of the Philippines and will maintain true faith and
allegiance thereto; that he will obey the laws, legal orders, and decrees promulgated by
the duly constituted authorities; that he is not a permanent resident or immigrant to a
foreign country; that the obligation imposed by his oath is assumed voluntarily, without
mental reservation or purpose of evasion; and that the facts stated in the certificate of
candidacy are true to the best of his knowledge.
Unless a candidate has officially changed his name through a court approved proceeding, a
certificate shall use in a certificate of candidacy the name by which he has been baptized,
or if has not been baptized in any church or religion, the name registered in the office of
the local civil registrar or any other name allowed under the provisions of existing law or,
in the case of a Muslim, his Hadji name after performing the prescribed religious
pilgrimage: Provided, That when there are two or more candidates for an office with the
same name and surname, each candidate, upon being made aware of such fact, shall state
his paternal and maternal surname, except the incumbent who may continue to use the
name and surname stated in his certificate of candidacy when he was elected. He may also
include one nickname or stage name by which he is generally or popularly known in the
locality.
The person filing a certificate of candidacy shall also affix his latest photograph, passport
size; a statement in duplicate containing his bio-data and program of government not
exceeding one hundred words, if he so desires.
-
Name, political party, office, eligibility, age, civil status, profession or occupation,
residence, citizenship, among others
Undertaking that he is not a permanent resident or immigrant to a foreign country,
among others
Name is the one he is baptized with. If not, the name appearing in the record of birth.
(birth certificate)
WHEN FILED
SECTION 35.Filling of vacancy. Pending an election to fill a vacancy arising from any
cause in the Sangguniang Pampook, the vacancy shall be filled by the President, upon
recommendation of the Sangguniang Pampook: Provided, That the appointee shall come
from the same province or sector of the member being replaced.
SECTION 73.Certificate of candidacy. No person shall be eligible for any elective
public office unless he files a sworn certificate of candidacy within the period fixed herein.
A person who has filed a certificate of candidacy may, prior to the election, withdraw the
same by submitting to the office concerned a written declaration under oath.
No person shall be eligible for more than one office to be filled in the same election, and if
he files his certificate of candidacy for more than one office, he shall not be eligible for any
of them. However, before the expiration of the period for the filing of certificates of
candidacy, the person who was filed more than one certificate of candidacy may declare
under oath the office for which he desires to be eligible and cancel the certificate of
candidacy for the other office or offices.
The filing or withdrawal of a certificate of candidacy shall not affect whatever civil, criminal
or administrative liabilities which a candidate may have incurred.
Barangay election
Any day from start of election period but prior to campaign period (Sec. 35, OEC)
National and local election
Within the period fixed (Sec. 73, OEC)
Not later than the day before the date fixed for the beginning of his campaign period
(sec. 7, R.A. 7166)
SIR: The bottom line there is the laws do not fix a particular date or a particular period; it
is up to the Comelec for as long as it is not done during campaign period. The deadline
may be set a day prior to the campaign period but it cannot be done during the campaign
period.

By RLB
10
WHERE FILED
EFFECT OF FILING
SECTION 75. Filing and distribution of certificate of candidacy. The certificate of

candidacy shall be filed on any day from the commencement of the election period but not
later than the day before the beginning of the campaign period: Provided, That in cases of
postponement or failure of election under Sections 5 and 6 hereof, no additional certificate
of candidacy shall be accepted except in cases of substitution of candidates as provided
under Section 77 hereof.
SECTION 66.Candidates holding appointive office or positions. Any person

holding a public appointive office or position, including active members of the Armed
Forces of the Philippines, and officers and employees in government-owned or controlled
corporations, shall be considered ipso facto resigned from his office upon the filing of his
certificate of candidacy.
The certificates of candidacy for President and Vice-President of the Philippines shall be
filed in ten legible copies with the Commission which shall order the printing of copies
thereof for distribution to all polling places. The certificates of candidacy for the other
offices shall be filed in duplicate with the offices herein below mentioned, together with a
number of clearly legible copies equal to twice the number of polling places in the
province, city, district, municipality or barangay, as the case may be:
(a) For representative in the Batasang Pambansa, with the Commission, the
provincial election supervisor, city election registrar in case of highly urbanized
cities, or an officer designated by the Commission having jurisdiction over the
province, city or representative district who shall send copies thereof to all polling
places in the province, city or district;
(b) For provincial offices, with the provincial election supervisor of the province
concerned who shall send copies thereof to all polling places in the province;
(c) For city and municipal offices, with the city or municipal election registrar who
shall send copies thereof to all polling places in the city or municipality; and
(d) For punong barangay or kagawad ng sangguniang barangay, the certificates of
candidacy shall be filed in accordance with the provisions of Section 39 of Article
VI of this Code.
The duly authorized receiving officer shall immediately send the original copy of all
certificates of candidacy received by him to the Commission.
Pres/VP/Sen/Party-list:
Law Department, Commission on Elections, Intramuros, Manila
House of Rep/Gov/ViceGov/SP member:
Office of the Provincial Election Supervisor (Capitol)
City/Mun Mayor/Vice Mayor/ SP Members:
Office of the Election Officer (where they intend to run)
Punong Barangay and Kagawad:
Office of the Election Officer
MINISTERIAL DUTY TO RECEIVE COC

SECTION 76.Ministerial duty of receiving and acknowledging receipt. The
Commission, provincial election supervisor, election registrar or officer designated by the
Commission or the board of election inspectors under the succeeding section shall have
the ministerial duty to receive and acknowledge receipt of the certificate of candidacy
SIR: Ministerial means there is neither the exercise of discretion nor judgment. However,
take note that in the reception of the COC, it does not mean that the Comelec will not
check anything. What we do there is to verify whether or not the COC is duly and fully
accomplished and whether or not it is notarized. The only question that Comelec will be
asking is: Is it complete? If yes, it must be accepted. We cannot say Is it true? because
by then it is no longer ministerial. That is the difference. So we just accept for as long as it
is complete, notarized and in the prescribed form. Thats what we check when you file a
COC.
SECTION 67.Candidates holding elective office. Any elective official, whether

national or local, running for any office other than the one which he is holding in a
permanent capacity, except for President and Vice-President, shall be considered ipso
facto resigned from his office upon the filing of his certificate of candidacy.
Effect of filing COC by Elective Official
Any elective official, whether national or local
Running for any other office other than the one he holds in a permamnent capacity,
except President and VP, shall be considered ipso facto resigned upon filing of COC
Expressly repealed by Sec 14 of RA 9006
SIR: In other words, if you are an elective official, the moment you file your COC for the
same position or any other position, you are NOT considered ipso facto resigned from your
office.
Effect of filing COC by Appointive official
Any person holding public appointive office
shall be considered ipso facto resigned upon filing.
Quinto v Comelec
Facts: Sec. 66 of the Omnibus Election Code, Sec. 13 of R.A. 9369 and Sec. 4(a) of
Comelec Resolution No. 8678 deem resigned all appointive officials upon filing of
candidacy.
The Supreme Court struck them down as unconstitutional for violating the equal protection
clause.
Held: The Supreme Court reconsidered and ruled that these laws are considered and ruled
that these laws are constitutional as they do not violate equal protection clause.
Substantial distinctions exist between appointive and elective officials. Elective officials
occupy their position by virtue of the mandate of the electorate. Appointive officials are
designated by appointing authority. The Constitution prohibits civil service employees from
engaging in electioneering and partisan political activity.
Since elective officials are elected into office for a definite term, their exclusion from the
deemed-resigned rule is in deference to the sovereign will. There is no such expectation
from appointive officials because they are not elected to a definite term. Some of them
serve in permanent capacity with security of tenure.
SIR: However, for a very brief period of time, it was allowed by the SC in the case of
Quinto. And then, the SC overturned itself. So now, the appointive officials are considered
resigned upon filing of the COC.
PETITION TO DENY DUE COURSE OR CANCEL COC
Under OEC
SECTION 78.Petition to deny due course to or cancel a certificate of candidacy.
A verified petition seeking to deny due course or to cancel a certificate of candidacy may

By RLB
be filed by the person exclusively on the ground that any material representation
contained therein as required under Section 74 hereof is false. The petition may be filed at
any time not later than twenty-five days from the time of the filing of the certificate of
candidacy and shall be decided, after due notice and hearing, not later than fifteen days
before the election.
SECTION 80. Election campaign or partisan political activity outside campaign
period. It shall be unlawful for any person, whether or not a voter or candidate, or for
any party, or association of persons, to engage in an election campaign or partisan
political activity except during the campaign period: Provided, That political parties may
hold political conventions or meetings to nominate their official candidates within thirty
days before the commencement of the campaign period and forty-five days for Presidential
and Vice-Presidential election.
SECTION 95.Prohibited contributions. No contribution for purposes of partisan
political activity shall be made directly or indirectly by any of the following:
(a) Public or private financial institutions: Provided, however, That nothing herein
shall prevent the making of any loan to a candidate or political party by any such
public or private financial institutions legally in the business of lending money,
and that the loan is made in accordance with laws and regulations and in the
ordinary course of business;
(b) Natural and juridical persons operating a public utility or in possession of or
exploiting any natural resources of the nation;
(c) Natural and juridical persons who hold contracts or sub-contracts to supply the
government or any of its divisions, subdivisions or instrumentalities, with goods
or services or to perform construction or other works;
(d) Natural and juridical persons who have been granted franchises, incentives,
exemptions, allocations or similar privileges or concessions by the government or
any of its divisions, subdivisions or instrumentalities, including governmentowned or controlled corporations;
(e) Natural and juridical persons who, within one year prior to the date of the
election, have been granted loans or other accommodations in excess of
P100,000 by the government or any of its divisions, subdivisions or
instrumentalities including government-owned or controlled corporations;
(f) Educational institutions which have received grants of public funds amounting to
no less than P100,000.00;
(g) Officials or employees in the Civil Service, or members of the Armed Forces of the
Philippines; and
(h) Foreigners and foreign corporations.
It shall be unlawful for any person to solicit or receive any contribution from any of the
persons or entities enumerated herein.
SECTION 96.Soliciting or receiving contributions from foreign sources. It shall
be unlawful for any person, including a political party or public or private entity to solicit or
receive, directly or indirectly, any aid or contribution of whatever form or nature from any
foreign national, government or entity for the purposes of influencing the results of the
election.
SECTION 97.Prohibited raising of funds. It shall be unlawful for any person to hold
dances, lotteries, cockfights, games, boxing bouts, bingo, beauty contests,
entertainments, or cinematographic, theatrical or other performances for the purpose of
raising funds for an election campaign or for the support of any candidate from the
commencement of the election period up to and including election day; or for any person
or organization, whether civic or religious, directly or indirectly, to solicit and/or accept
from any candidate for public office, or from his campaign manager, agent or
representative, or any person acting in their behalf, any gift, food, transportation,
11
contribution or donation in cash or in kind from the commencement of the election period
up to and including election day; Provided, That normal and customary religious stipends,
tithes, or collections on Sundays and/or other designated collection days, are excluded
from this prohibition.
Under RA 6646
Section 5. Procedure in Cases of Nuisance Candidates. (a) A Verified petition to declare a duly registered candidate as a nuisance candidate under
Section 69 of Batas Pambansa Blg. 881 shall be filed personally or through duly authorized
representative with the Commission by any registered candidate for the same office within
five (5) days from the last day for the filing of certificates of candidacy. Filing by mail not
be allowed.
(b) Within three (3) days from the filing of the petition, the Commission shall issue
summons to the respondent candidate together with a copy of the petition and its
enclosures, if any.
(c) The respondent shall be given three (3) days from receipt of the summons within
which to file his verified answer (not a motion to dismiss) to the petition, serving copy
thereof upon the petitioner. Grounds for a motion to dismiss may be raised as a
affirmative defenses.
(d) The Commission may designate any of its officials who are lawyers to hear the case
and receive evidence. The proceeding shall be summary in nature. In lieu of oral
testimonies, the parties may be required to submit position papers together with affidavits
or counter-affidavits and other documentary evidence. The hearing officer shall
immediately submit to the Commission his findings, reports, and recommendations within
five (5) days from the completion of such submission of evidence. The Commission shall
render its decision within five (5) days from receipt thereof.
(e) The decision, order, or ruling of the Commission shall, after five (5) days from receipt
of a copy thereof by the parties, be final and executory unless stayed by the Supreme
Court.
(f) The Commission shall within twenty-four hours, through the fastest available means,
disseminate its decision or the decision of the Supreme Court to the city or municipal
election registrars, boards of election inspectors and the general public in the political
subdivision concerned.
Section 7. Petition to Deny Due Course To or Cancel a Certificate of Candidacy. The procedure hereinabove provided shall apply to petitions to deny due course to or
cancel a certificate of candidacy as provided in Section 78 of Batas Pambansa Blg. 881.
Rule 23 Petition to deny due course or cancel COC
Ground: falsity of any material representation (material misrepresentation)
When to file: within 5 days from last day of filing
Who may file: any citizen of voting age or a duly registered political party
Where to file: law department
Nature of proceedings: summary
Reception of evidence may be delegated
TAKE NOTE: the OEC says any citizen of voting age and it does not say does not
categorically say registered voter. However, when the Comelec issues a resolution for the
purpose of a particular election, it states it categorically that you must be a registered
voter.
Salcedo v Comelec, 312 SCRA 447

By RLB
Facts: in her certificate of candidacy, a candidate used the surname of her husband. But it
was sought to be cancelled on the ground of material misrepresentation because the
husband she married was already married. Bigamous, her marriage is void. Thus she
cannot use the surname of the husband.
Held: Material misrepresentation involves qualifications to hold public office like age,
residence, or citizenship. It doesnot involve innocuous mistakes of surname because it
does not deveive or mislead voters about qualification.
SIR: If it does not involve essential qualifications like age, citizenship or
residence, it cannot be called material misrepresentation. The SC said that it does
not matter if she uses a surname that does not belong to her because it does not
mislead the voters insofar as essential qualification is concerned.
But you might ask, will it not also deceive the voters as to her identity because
she used a surname that does not belong to her? The facts of this case will tell us
that it will not deceive the voters because she is publicly and habitually known to
be the wife of Salcedo, she uses the surname in all her public documents and she
is really known as the wife using Salcedo. So the SC said its harmless.
Tecson v Comelec
Facts: FPJ filed his COC for president where he stated that he is a natural born Filipino. A
petition to deby dur course or cancel COC based on misrepresentation was filed against
him because he is not a natural born Filipino. Born to unmarried parents, he is an
illegitimate child thus he follows the citizenship of his mother who is American.
Held: FPJ is a natural-born Filipino citizen. He was born under the 1935 constitution which
bears citizenship to all persons whose fathers are Filipino citizens whether such child is
legitimate or not. The text of the 1935 Constitution did not distinguish between legitimate
and illegitimate children.
The grandfather, Lorenzo Pou, would have been born sometime in 1870 when the
Philippines was under Spanish rule.
As such, he would have been Filipinized by the 1902 Philippine Bill. Such acquired
citizenship was extended to his son Allan Poe, the father of FPJ, hence he is a Filipino
Citizen. As such, FPJ was born to a Filipino father. Thus, he is a natural born citizen from
birth because he did not need to perform any act to acquire and perfect his Philippine
citizenship.
12
Facts: The CoC of a mayoralty candidate was sought to be cancelled or denied due course
on the ground of material misrepresentation for falsely claiming residence.
She argued she is already a resident of the place after she purchased a parcel of land over
which a beach house was eventually built.
Thus, it can be said that she abandoned her domicile of origin and acquired a new domicile
of choice.
Held: Domicile of origin is not easily lost. That she acquired a property in the new place is
not sufficient. Mere property ownership is not the sole indication of right to vote and be
voted for.
Requisites for change of domicile:
Actual removal or change of domicile
Bona fide intention to abandon the former residence and establish a new one
Acts which correspond with the purpose
She
-
failed to establish abandonment of her domicile of origin:

A beach house is not a residence, it is more of a temporary place for relaxation
The designation of caretaker indicates she does not regularly stay there
Witnesses retracted, claiming they did not know what they signed for
Gayo v Verceles, GR No. 150477, Feb. 28, 2005

Facts: A permanent resident in the United States waived her status by surrendering her
green card. She returned to the country for good, registered as a voter, paid taxes and
even won a first term as mayor. When she won the second time, a petition for quo
warranto was filed against her on the ground that permanent residents abroad are
disqualified to run for public office under Sec. 40 (f) of the LGC which does not provide
waiver as remedy. Thus, Sec. 68 (e) of the OEC allowing it is repealed.
Held: Sec. 40 (f) did not repeal Sec. 68 (e). Both provide that permanent residents
abroad are disqualified to run for public office except that Section 68(e) provides waiver as
an exception or remedy to the disqualification.
The requisites to reacquire domicile are complied with:
Intent to abandon the old domicile, by the surrender of green card.
Intent to remain in the new domicile, by her continued stay for good and even
election
Bodily presence, by continued stay for good, engagement in business and even
election.
While the totality of evidence may not be conclusive, still, it is enough to preponderate in
favor of FPJ that he did not make a material misrepresentation in his COC. Any
misrepresentation in the COC must not only be material, it must also be deliberate and
willful.
If the evidence of lack of residence is weak, and the purpose of the law is not thwarted in
upholding the right to public office, the will of the electorate should be respected.
While it is true that the SC is the sole judge of all contests relating to qualifications of the
President, it applies only to the elected President and not the candidate for president over
which the Commission has jurisdiction.
The purpose of residency requirement is to ensure that the person elected into office
familiar with the needs and problems of his or her constituency. In this case, she
familiar and is in fact the incumbent mayor. In the event the proclaimed winner
disqualified, the second placer cannot assume office because he or she is not the choice
the people.
SIR: This is a consolidated petition; there were three petitions. The first two were
dismissed based on technicality for lack of jurisdiction and they insisted that it is
the SC that has jurisdiction because it pertains to qualifications of the President.
The SC said that, yes, but it is the President, after elections, and not the
President, the candidate. If we are talking about the Presidential candidate, the
jurisdiction pertains to the Comelec.
Dumpit-Michelina v Boado, GR No. 163619-20, Nov. 17, 2005
is
is
is
of
Limbona v Comelec, GR No. 186006, Oct. 16, 2009

Facts: Husband and wife both ran for mayor in Pantar. But they were sught to be
disqualified for not being residents and registered voters. The wife withdrew, the wife was
also disqualified for lack of residence. The wife substituted. She was sought to be
disqualified on the same grounds.

By RLB
Contention of the wife: There is a separate ruling which says her husband is a resident of
Pantar and could run as a candidate there. As a wife, she follows the residence of the
husband.
Held: there was already an earlier ruling that she is disqualified for lack of residence. The
fact that she withdrew her candidacy while the case was heard does not change the finding
of lack of residence. Her new domicile by operation of law by virtue of her marriage is
Rapasun.
Under the civil code, the husband and wife are obliged to live together. Failure to show
that she maintained separate residence from her husband makes way for the civil code
presumption that she and her husband live together in Rapasun and not Pantar.
SIR: So the issue there is whether or not the wife follows the residence of the
husband. The SC said that yes, its true that you follow the residence, but that
residence is still not the residence that you want.
NUISANCE CANDIDATE
SECTION 69.Nuisance candidates. The Commission may, motu proprio or upon a
verified petition of an interested party, refuse to give due course to or cancel a certificate
of candidacy if it is shown that said certificate has been filed to put the election process in
mockery or disrepute or to cause confusion among the voters by the similarity of the
names of the registered candidates or by other circumstances or acts which clearly
demonstrate that the candidate has no bona fide intention to run for the office for which
the certificate of candidacy has been filed and thus prevent a faithful determination of the
true will of the electorate.
Rule 24 Proceedings against Nuisance Candidates
Who is a nuisance candidate
any person who filed a COC to:
>
Put the election process in mockery or disrepute
>
Cause confusion among the voters by the similarity of names of candidates
>
Clearly demonstrate to have no bona fide intention to run
SIR: In these three instances, the evil that is sought to be prevented is this:
it prevents the faithful determination of the true will of the electorate
Thus preventing a faithful determination of the true will of the electorate.

Thus he may be declared a nuisance candidate and his COC may be denied due
course or cancelled.
When to file: within 5 days from the last day of period to file
Who may file: any registered candidate for the same elective office
The commission may, before election, motu proprio refuse to give due course to
or cancel a COC of a nuisance candidate
SIR: Not anybody can file for nuisance because you cannot be prejudiced; the only
one who can be prejudiced is the person with the same surname as you and it might
confuse the voters.
Where to file: Law Department

NOTE: Sometimes the resolution would allow the Election Officers to accept the
petition and the latter will forward to the Comelec. And the life span of a Comelec
resolution is limited; it dies a natural death after the elections.
13
Nature of Proceedings: summary

Reception of Evidence may be delegated
Pamatong v Comelec, GR No. 16872, April 13, 2004

Facts: Pamatong ran for President in 2004. But his COC was denied due course by the
Commission because he is a nuisance candidate. He has no party or movement to back his
candidacy. He argued it violates his right to equal access to opportunities for public office.
It indirectly amends constitutional provisions on electoral process and limits the power of
the sovereign people to choose their leaders.
Held: Equal Access to opportunities for public office is not a right but a mere privilege. As
such, it is subject to many limitations. As a matter of fact, even if it were a right, it is still
subject to limitations. So much more if it is a mere privilege.
Prohibition against nuisance candidates is aimed at ensuring a rational, objective and
orderly electoral exercise. Thus the state must take into account practical considerations.
The greater the number of candidates, the greater the possibility for logistical confusion,
aside from increased allocation for government time and resources in the preparation for
the election. The prohibition avoids confusion, deception and even frustration of the
electoral process.
SIR: This is especially true during automated elections because during automated
elections, if there were too many candidates and it is impossible to put it inside a
single official ballot, we might be constrained to make two pages. And once we
add one more page, the estimated expense is around 450M pesos. Thats how
expensive it is; thats why we are so strict in disallowing nuisance candidates.
Martinez v HRET & Salimbangon, GR No. 189034, Jan. 11, 2010
Facts: in the 2007 elections, Celestino Martinez and Benhur Salimbangon were candidates
for fourth district representative in the province of Cebu. Edilito C. Martinez however filed
his candidacy for the same position. Celestino sought to declare him a nuisance candidate.
But the petition was still pending on the day of election.
Thus the boards of Election Inspectors strayed 5, 401 the votes for Martinez or C.
Martinez. It was strayed because none of them is an incumbent. At that time, Celestino
Martinez was not an incumbent Congressman but was an incumbent City Mayor of Bogo.
As a result, Benhur was proclaimed the winner over Celestino by 104 votes.
Celestino filed an election protest with the HRET. But the HRET sustained the straying of
such votes since at the time of election, both Celestino Martinez and Edlito C. Martinez
were listed in the official list of candidates. As such, three is no way of knowing the true
intent of the voters. Hence, celestino filed a petition for certiorari with the SC.
Contention of Celestino Martinez:
The HRET gravely abused its discretion when it refused to count the votes in his favor
despite finality of the Comelec decision.
Take note: on the day of the election, there was no finality yet that is why the BEI
strayed the votes. But when the protest reached the HRET, there was already finality.
But the HRET refused to acknowledge the finality because it said we still cannot
determine the true will of the people since at the time they voted, both Edilito and
Celestino were candidates
Contention of Salimbangon:
As faras the voters are concerned, there are 3 candidates on election day. Celestino,
Edilito and Benhur.

By RLB
It would be illogical and unfair to appreciate the ballot in favor of Celestino based on a
supervening event of declaring Edilito as nuisance.
Held: the belated delaration of nuisance retroacts to the day of election, especially where
grounds for such declaration are clear and conclusive. The inefficiency or lethargy of
Comelec should not prejudice the petitioner. It must be resolved with dispatch because it
involves public interest. He had no opportunity to segregate the votes in anticipation of
straying because the decision came out after election. (SIR: Clear and conclusive because
Edilito, after filing the COC, disappeared in thin air and was never found. In other words,
the SC was so convinced that Edilito was not a bona file candidate; he is 100% nuisance
because he did not answer the protest against him and nothing was heard of him after he
filed his CoC)
Unlike in Bautista v Comelec where the declaration, though not final, was issued before
election day hence the petitioner was alerted of the possibility. But even if the facts in
Bautista somehow differ from this case in so far as the date of finality is concerned, the
adverse effect is the same. That is the disenfranchisement of the voters and the
suppression of the true will of the electorate.
SIR: In other words, in the case of Martinez, Salimbangon was unseated. But
was he really physically unseated? That is the issue because even if the decision
of the SC was final and executory, there are still some formalities before you can
assume office as a Congressman. You need to take oath before the Speaker of
the House. So I think the term ended without Celestino having spent a single day
as Congressman. But it might be used as an issue in the forth coming elections
on whether or not Salimbangon has reached the three term limit.
In the Bautista case, there was also a nuisance candidate that might confuse the
voters because of the similarity of surnames. But the lawyer of Bautista, since on
election day there was no finality yet, convinced the Election Officer to issue a
memorandum to the BEIs to segregate the votes for the nuisance candidate. But
this was possible only because it was manual elections. So when the finality of
the declaration of being a nuisance came out, all they need to do was to add the
segregated votes.
DISQUALIFICATION OF CANDIDATE
Rule 25 Disqualification of Candidates
Grounds under Rule 25
o
Does not possess qualifications of a candidate under the Constitution and
applicable law
o
Omission of any act declared by law as ground for disqualification
-
14
Grounds under Comelec Resolution

o
Any candidate, who in an action where he is a party, is declared by final
decision of a competent court, guilty of any disqualification
o
Any candidate found by the Commission to be suffering from any
disqualification under the law or the Constitution
When to file: any day after the last day of filing of COC but not later than the day of
proclamation (Reason: you might commit some acts which will disqualify you along
the way e.g., illegal campaign)
Who may file: any citizen of voting age or any registered political party
Where to file: Law Department
Nature of Proceedings: summary
What if the petition is unresolved with finality on election day?
o
Votes cast in favor of respondent may be counted or canvassed
o
o
Move to suspend the proclamation

Show evidence of guilt is strong.
Procedure under RA 6646 for petitions to declare nuisance candidates and to

deny due course or cancel COC
Verified petition within 5 days from last day to file COC filed personally or by
representative
Issuance of summons within 3 days from filing
Verified answer within 3 days from receipt
Summary proceedings, recommendation within 5 days from submission of evidence
Authority to receive evidence may be delegated
Decision becomes final and executor after 5 days from receipt by parties unless
stayed by the SC.
Effect of Disqualification under RA 6646
If disqualified with finality: candidate shall not be voted for. And removed from the
Certified List of Candidates
If voted for: the votes shall not be counted
If not disqualified with finality, voted for, and obtains winning number of votes
o
Trial and hearing continue
o
But the proclamation may be suspended upon motion
o
If evidence of guilt is strong
SUBSTITUTION OF CANDIDATES
SECTION 77.Candidates in case of death, disqualification or withdrawal of
another. If after the last day for the filing of certificates of candidacy, an official
candidate of a registered or accredited political party dies, withdraws or is disqualified for
any cause, only a person belonging to, and certified by, the same political party may file a
certificate of candidacy to replace the candidate who died, withdrew or was disqualified.
The substitute candidate nominated by the political party concerned may file his certificate
of candidacy for the office affected in accordance with the preceding sections not later
than mid-day of the day of the election. If the death, withdrawal or disqualification should
occur between the day before the election and mid-day of election day, said certificate
may be filed with any board of election inspectors in the political subdivision where he is a
candidate, or, in the case of candidates to be voted for by the entire electorate of the
country, with the Commission.
-
After last day of filing COC

Official candidate of a registered political party
o
Dies
o
Withdraws
o
Disqualified for any cause
He/she may be substituted by a person belonging to the same party
o
Not later than mid-day on election day
SIR: In other words, an independent candidate cannot be substituted.

RA 8436
SECTION 12. Substitution of Candidates. In case of valid substitutions after the
official ballots have been printed, the votes cast for the substituted candidates shall be
considered votes for the substitutes.
-
In case of valid substitution after ballots have been printed

Vote for the substituted is vote for substitute

By RLB
SIR: This contemplates automated elections where the name of the disqualified candidate
was already printed in the Official Ballot. If it is printed in the Official Ballot, the name of
the substitute can no longer be printed. The remedy is, the Comelec says, that it must be
of the same surname. The one who substitutes must be of the same surname; otherwise,
the voter will be confused.
Tagolino v HRET
Facts: Richard Gomez was disqualified for lacking residency, a fact he misrepresented in
his COC. Because he claimed that he is a resident of Ormoc City when in fact it is of public
knowledge that he is in Manila. Hence, Lucy Torres substituted him. She won convincingly.
Held: Substitution is not proper. Misrepresentation warrants cancellation of COC, not
disqualification. When cancelled, there is no valid COC. As such, there is no candidate.
Ergo, there cannot be substitution. Substitution is proper only when the substituted is
disqualified, because he/she was considered a candidate until ordered discontinued.
TAKE NOTE OF THE DIFFERENCE: If the COC is cancelled or denied due course, it is as if
there was no candidate in the first place. As such, there cannot be substitution. As
opposed to disqualification when there was a candidate for a time being but his candidacy
was discontinued because of the disqualification. In that case, he can be substituted.
WITHDRAWAL OF COC
Sec. 73, BP 881 (see above codal)
A person who filed COC may withdraw his/her COC prior to election day.
In writing and under oath, filed personally
SIR: Take note that we require personal filing of the withdrawal of CoC because there
were instances before the opposing candidate will file the withdrawal of CoC.
Monsale v Nico, GR No. L-2539, May 28, 1949
Facts: after lapse of period to file candidacy, a candidate withdraws his withdrawal to
revive his candidacy.
Held: withdrawal is allowed anytime prior to election day. But withdrawal of withdrawal
with the effect of revival is allowed only during the period to file candidacy to ensure prior
notice to voters and avoid confusion and inconvenience in tabulation of votes.
NOTE: Once you withdraw your CoC, you can never be a candidate anymore; you cannot
be substituted. You cannot file for another candidacy unless you do it within the period to
file CoC.
MULTIPLE COC
Sec. 73, BP 881 (see above codal)
Filing for more than one office is prohibited
If he or she files for more than one office, he or she shall not be eligible for any
o
Except: when he declares under oath the office he desires and cancels the other
SIR: In other words, during the period to file CoC, you can file as many, provided, that
prior to the lapse of the period, you have to decide. Otherwise, if you dont declare under
oath the office you desire and cancel the other and the period to file has lapsed; you
cannot be a candidate for any position. The Comelect cannot condone your indecisiveness.
LONE CANDIDATE LAW RA 8295
Section 1. Declaration of policy. It is hereby declared the policy of the State to
15
provide the people with adequate and constant governance and representation in public
affairs. Towards this end, the State shall ensure that, as much as practicable, each and
every elective position in the executive and legislative branches of government is occupied
at all times at the least of cost to government.
Section 2. Proclamation of a lone candidate. Upon the expiration of the deadline for
the filing of the certificates of candidacy in a special election called to fill a vacancy in an
elective position other than for President and Vice President, when there is only one (1)
qualified candidate for such position, the lone candidate shall be proclaimed elected to the
position by proper proclaiming body of the Commission on Elections without holding the
special election upon certification by the Commission on Elections that he is the only
candidate for the office and is thereby deemed elected.
Section 3. Assumption of office. In the absence of any lawful ground to deny due
course or cancel the certificate of candidacy in order to prevent such proclamation, as
provided for under Sec.s 69 and 78 of Batas Pambansa Bilang 881 also known as the
Omnibus Election Code of the Philippines, the candidate referred to in the preceding
paragraph shall assume office not earlier than the scheduled election day. Certificates of
candidacy filed in violation hereof shall not be given due course. For this purpose, the
Commission shall decide petitions for disqualifications not later than election day;
otherwise, such petitions shall be deemed dismissed.
Section 4. Disqualification. In addition to the disqualifications mentioned in Sec.s 12
and 68 of the Omnibus Election Code and Sec. 40 of Republic Act No. 7160, otherwise
known as the Local Government Code, whenever the evidence of guilt is strong, the
following persons are disqualified to run in a special election called to fill the vacancy in an
elective office, to wit:
a) Any elective official who has resigned from his office by accepting an appointive
office or for whatever reason which he previously occupied but has caused to
become vacant due to his resignation; and
b) Any person who, directly or indirectly, coerces, bribes, threatens, harasses,
intimidates or actually causes, inflicts or produces any violence, injury,
punishment, torture, damage, loss or disadvantage to any person or persons
aspiring to become a candidate or that of the immediate member of his family,
his honor or property that is meant to eliminate all other potential candidate.
Section 5. Prohibited acts, election offenses and penalties. Any act of coercion,
bribery, threat, harassment, intimidation, terrorism, or actually causing, inflicting or
producing violence, injury, punishment, torture, damage, loss or disadvantage to
discourage any other person or persons from filing a certificate of candidacy in order to
eliminate all other potential candidate from running in a special election shall constitute as
an election offense. Violations of this provision shall be prosecuted and penalized in
accordance with the provision of Sec. 264 of the Omnibus Election Code.
-
Special election to fill vacancy of an elective position except President and Vice
President.
Period to file COC has expired.
Only one qualified candidate for the position filed COC
The lone candidate may be proclaimed without the special election being conducted.
After the commission certifies he/she is the only candidate and is thus deemed
elected.
He/she assumes office not earlier than the scheduled special election.
SIR: In other words, there is a possibility that you get elected without being voted for
(technically) if you are a lone candidate in a special election. However, if you are a lone
candidate in a regular election, you need to be voted for. In the latter case, you do not
need the majority of the votes; all you need is a vote of confidence and that vote

By RLB
confidence is only one vote. If you get one vote, then you are already elected. Why one
vote? That is because the definition of a winner is the candidate who obtained the highest
number of votes based on plurality of votes. So if you have one vote against zero, then
that is the highest number of votes. You need not get the majority.
ADDITIONAL NOTE ON ELECTION OFFENSES: As a general rule, violations of election
offenses are mala prohibita. Exception to that is when the violation is inherently immoral
(e.g., lying, stealing and cheating), then that becomes mala in se.
CAMPAIGN PERIOD
CAMPAIGN DEFINED
Sec. 79, BP 881
SECTION 79.Definitions. As used in this Code:
(a) The term "candidate" refers to any person aspiring for or seeking an elective public
office, who has filed a certificate of candidacy by himself or through an accredited political
party, aggroupment, or coalition of parties;
(b) The term "election campaign" or "partisan political activity" refers to an act
designed to promote the election or defeat of a particular candidate or candidates to a
public office which shall include:
(1) Forming organizations, associations, clubs, committees or other groups of
persons for the purpose of soliciting votes and/or undertaking any campaign for
or against a candidate;
(2) Holding political caucuses, conferences, meetings, rallies, parades, or other
similar assemblies, for the purpose of soliciting votes and/or undertaking any
campaign or propaganda for or against a candidate;
(3) Making speeches, announcements or commentaries, or holding interviews for or
against the election of any candidate for public office;
(4) Publishing or distributing campaign literature or materials designed to support or
oppose the election of any candidate; or
(5) Directly or indirectly soliciting votes, pledges or support for or against a
candidate.
The foregoing enumerated acts if performed for the purpose of enhancing the chances of
aspirants for nomination for candidacy to a public office by a political party, aggroupment,
or coalition of parties shall not be considered as election campaign or partisan election
activity.
Public expressions or opinions or discussions of probable issues in a forthcoming election
or on attributes of or criticisms against probable candidates proposed to be nominated in a
forthcoming political party convention shall not be construed as part of any election
campaign or partisan political activity contemplated under this Article.
Lanot v Comelec, GR No. 164858, Nov. 16, 2006
Facts: in 2004, the deadline for filing of candidacy was set earlier to afford sufficient time
for printing of official ballots for automated elections. After filing, a candidate he engaged
in partisan political activity prior to campaign period. He was sought to be disqualified for
premature campaign.
Held: the person who filed candidacy is considered a candidate only for purposes of ballot
printing. Since premature campaign promotes defeat or election candidate, it requires the
existence of a candidate.
Technically however, there is no candidate yet despite filing. As such, there is no
premature campaign under Art. 80 which prohibits election campaign to promote election
16
or defeat of a candidate outside of the campaign period. Such partisan political activity
falls under the freedom of expression. Sec 11 of RA 8436 sets the earlier deadline for filing
to afford sufficient time for ballot printing.
SIR: Take note that this case happened way back in 2004 when the automation
did not push through. At that time, the Comelec was really serious in automating
elections. So because of the plan, it anticipated that there must be a need to set
the deadline for the filing of CoC earlier than usual to afford the Comelec
sufficient time to print the ballots. And the law says that you are a candidate only
for the purpose of printing the ballots; you are not a candidate for the purpose of
liability insofar as premature campaign is concerned. In other words, after the
filing, you are not technically a candidate. Prior to the campaign period, you can
do anything that will promote your candidacy; there is no violation of election
laws because what you are doing, according to the SC, is part and parcel of your
freedom of expression. Thats why you can see, prior to the campaign period, the
candidates run amok with their campaign materials all over the place. There is no
prohibition as to size or as to place. During campaign period, thats when the
guideline sets in; thats when the limitation as to space, time or place are now
enforced.
Penera v Comelec & Andanar, GR No. 181613, Sep. 11, 2009
Facts: The filing of candidacy was set earlier to afford sufficient time to print ballots. After
filing, the mayoralty candidate and her supporters went around the municipality in a
motorcade. She was disqualified for premature campaign.
Held: Sec. 11 of RA 8436 was amended of strengthened by Sec 15 of RA 9369 when it
said any person who files candidacy is considered a candidate only at the start of
campaign period. Thus, after and before campaign period, anything that she says or does
falls under freedom of expression.
SIR: Remember that under automated elections, the filing of the candidacy does
not make you a candidate. You are only a candidate at the start of the campaign
period. As such, it is only at that time that Comelec has jurisdiction over your
acts or omissions.
However, take note that in these two cases, the intention of setting the deadline
for CoC earlier than usual is to afford the Comelec with sufficient time to print the
official ballots because, again, the official ballots contain the names of the
candidates. In other words, this principle does not apply to manual elections
because there is no need to set the deadline for filing of the CoC much earlier
than the usual. So if it is a barangay election, it is not automated election, this
principle does not apply. The moment you file a CoC, you are considered a
candidate for all intents and purposes.
ELECTION PROPAGANDA
Sec. 3, BP 881, as amended by Sec. 5, RA 7166 (see above codal)
Sec. 3, RA 9006
Sec. 3. Lawful Election Propaganda. - Election propaganda whether on television, cable
television, radio, newspapers or any other medium is hereby allowed for all registered
political parties, national, regional, sectoral parties or organizations participating under the
party-list elections and for all bona fide candidates seeking national and local elective
positions subject to the limitation on authorized expenses of candidates and political
parties, observance of truth in advertising and to the supervision and regulation by the
Commission on Elections (COMELEC).

By RLB
For the purpose of this Act, lawful election propaganda shall include:
3.1 Pamphlets, leaflets, cards, decals, stickers or other written or printed materials
the size of which does not exceed eight and one-half inches in width and fourteen
inches in length;
3.2 Handwritten or printed letters urging voters to vote for or against any particular
political party or candidate for public office;
3.3 Cloth, paper or cardboard posters whether framed, or posted, with an area not
exceeding two (2) feet by three (3) feet, except that, at the site and on the occasion of
a public meeting or rally, or in announcing the holding of said meeting or rally,
streamers not exceeding three (3) feet by eight (8) feet in size, shall be allowed:
Provided, That said streamers may be displayed five (5) days before the date of the
meeting or rally and shall be removed within twenty-four (24) hours after said meeting
or rally;
3.4 Paid advertisements in print or broadcast media: Provided, That the
advertisements shall follow the requirements set forth in Section 4 of this Act; and
3.5 All other forms of election propaganda not prohibited by the Omnibus Election
Code or this Act.
ELECTION
RULES IN BALLOT APPRECIATION
True or
1)
2)
3)
4)
False
Public school teachers with temporary appointment cannot serve as BET.
After counting, BET must always furnish watchers with Certificate of Votes.
The BET must always decide by majority vote.
Upon entering the polling place, the watcher shall present to the BET Chairman
his or her watchers appointment duly signed by the candidate only.
5) During ballot appreciation, the watcher may hold the Official Ballot to make sure
the Chairman read what was written in it.
6) During ballot appreciation, watchers shall file written objection and should remain
silent during the entire voting and counting.
7) Watchers are allowed to take photographs of the BET proceedings except the
Official Ballot, especially when read by the Chairman.
8) On election day, casting of votes start at 7am until 3pm only.
9) The BET cannot conduct preliminaries to voting at 6am if no watchers are around.
10) Lawyers of candidates are not allowed inside the polling place except to vote.
11) To save time, the BET Chairman may authenticate all Official Ballots during
preliminaries to voting.
12) Before counting, the BET is allowed to unfold the Official Ballots to determine
whether there are marked ballots.
13) During ballot appreciation, watchers may verbally tell the BET Chairman that a
certain vote should be counted in favor of a certain candidate.
14) In ballot appreciation, every ballot is presumed valid unless there is clear and
good reason to justify its rejection.
15) A vote is valid even if it contains prefixes such as Sir, Gov., Mr.
16) A ballot written in crayon is not valid.
17) A sticker bearing the name of a candidate may be pasted on the ballot and
counted in favor of the candidate bearing his name.
18) At the end of counting, the votes of each candidate shall be totalled in words and
figures. If candidate gets 40, it should be written 40 followed by fourty.
17
19) During ballot appreciation, the watchers may agree among themselves whether a
certain vote is counted in favor of a certain candidate.
20) All ties must be broken by drawing of lots.
What is ballot appreciation?
It is the determination of the vote using the information written on the official
ballot by the voter, his or her intention and for whom it is, or should, be counted,
based on existing rules.
It is when the BEI decides whether or not a certain vote can be counted in favor of a
certain candidate.
It is the equivalent of Ballot Revision in case of an election protest.
For manual elections, ballot appreciation is done by the BEI. However, in automated
elections, ballot appreciation is done by the PCOS machine.
What is the objective of ballot appreciation during election?
to obtain the expression of the voters will
As much as possible, the BEI is mandated to discover or decipher the intention of
the voter.
Who will appreciate ballot?
Board of Election Tellers (BET) composed of public school teachers: Chairman,
Poll Clerk and Third Member
SIR: When we say the Board of Election Tellers (BET), it is for the Barangay Elections;
when we say the Board of Election Inspectors (BEI), it is for the Local or National
Elections. (I dont know the difference between the two terms but what I know is that they
perform one and the same function, except that the Board of Election Tellers have this
power to appreciate votes. That is the heart and soul of the powers and functions of the
BET.)
BET Qualifications
Of good moral character and irreproachable reputation
Registered voter of city or municipality (where they are assigned on the day of the
elections)
Able to speak and write Filipino, English or the local dialect
Never been convicted of any election offense or any other crime punishable by more
than 6 months of imprisonment
No pending case for election offense

SIR: Take note that in the first, it requires conviction but it refers actually to any other
crime punishable by more than 6 months of imprisonment; because if there is a pending
election offense faced by the BET, even if it is still pending, automatically they are
disqualified.
BET Disqualification
Relationship within the 4th civil degree of consanguinity or affinity to:
Any member of same BET
Any candidate of the barangay where he serves

BET Powers and Functions
Conduct voting and counting of votes within their polling place
Act as deputies of the Commission in the supervision and control of the election
Maintain order within the polling place

The BETs authority is supreme. They act as a judge inside the polling place.
Whatever they say and do is final and executory; there is no appeal and there is
no motion for reconsideration inside the polling place.
Prohibit use of cellular phones and camera by the voters

By RLB
Remember that the prohibition is only the use. You can bring a cellphone/camera
but you cannot use it inside the polling place.
Enforce obedience to its lawful orders
Order peace officer or any competent person to take the disobedient to custody
Power to issue warrant of arrest
Who can be arrested? A BET member who does not appear on Election Day with
the purpose to sabotage the performance of election functions. If, in their
opinion, one member is absent because he wants to prevent the others from
performing their election duties, they can have that member arrested by the PNP
to bring him to the polling place so that he can perform his official duties.
Power to order any peace officer to take into custody any disobedient person
Authority is supreme inside the polling place
Perform quasi-judicial functions
Many lawyers in the Comelec say that they perform only administrative functions
inside the polling place but in my opinion they perform quasi-judicial functions
because they actually interpret and apply legal provisions in the conduct of voting and
counting of votes especially during ballot appreciation.
Power to administer oath
They are not notaries public but they can administer oath over election
documents.
Power to order detail of AFP or PNP (if, in their opinion, they need the AFP or PNP to
maintain order inside the polling place)
Remember, the AFP or PNP are not allowed inside the polling place or within a 50meter radius from the polling place except to vote. However, they can be
summoned by the BET to be near enough to be called anytime in case the need
arises.
Power to screen watchers
If you are a watcher, what you need to present the moment you get inside the
polling place is your appointment as a watcher. Without your appointment as a
watcher, the BET can decline your presence inside the polling place.
Power to prohibit lawyers and candidates from the polling place
Lawyers and candidates are not allowed inside the polling place except to vote.
They cannot stay to witness the proceedings because that function pertains to the
watchers who are virtually the representatives or lawyers of the candidates inside
the polling place.
-
What is the extent of BET power and authority to appreciate ballot?

It must be public (and witnessed by the watchers)
Held at the designated polling place
Watchers are afforded unimpeded view of the ballot when read, WITHOUT
TOUCHING IT
Remember that the official ballot is virtually untouchable; it cannot be touched
(even by the candidate or the lawyer). Only the BET Chairman can touch the
ballot.
BET performs quasi-judicial function, decides as a collegial body & by majority
vote
In case of disagreement, they decide by majority vote.

BET acts through the Chairman
The BET, although collegial, acts through the Chairman. Whatever the BET decides on,
it is promulgated by the Chairman.
BET decision is final and un-appealable
BET by unanimous vote recommends in writing
Majority of watchers present endorses in writing
Grounds imminent danger of widespread
Violence
Terrorism
Disorder
18
Similar causes of comparable magnitude
How to transfer counting of votes?
Nearest safe barangay or school building

Not located within perimeter of or inside
Military or police camp, reservation
Headquarters, detachment or field office
Within premises of prison or detention compound of any law enforcement or
investigation agency
The Comelec through the Election Officer may authorize transfer of counting of votes
Must be recorded in the Minutes

Who are allowed inside the polling place?
Members of the BET
Watchers who stay in designated area
Voters casting their votes
Voters waiting for their turn to vote
Voters waiting for their turn to get ballots
Jail/Prison escorts for detainee voters
Members of SBET (Special Board of Election Tellers)
Others specifically authorized by the Commission

TAKE NOTE: this enumeration is exclusive except the one in the last part (i.e., others
specifically authorized). It is exclusive in the sense that you cannot see the name of the
lawyer or the name of the candidate.
Who are NOT allowed inside the polling place?
1. Any officer or member of the AFP or PNP
2. Any peace officer or armed person belonging to any extra-legal police agency, special,
reaction, strike forces, CAFGU, paramilitary forces, special forces, security guards,
special policemen
3. All other kinds of armed or unarmed extra legal police forces
4. Barangay tanods
5. Incumbent barangay or SK official, whether elected or appointed
SIR: I am talking here about Barangay Elections because, again, in the Local and National
Elections there is no more Ballot Appreciation. It is the PCOS machine that appreciates or
counts the ballot.
Who can be appointed as watchers?
Registered voter of the barangay where he or she is assigned
Of good reputation
Not convicted by final judgment for any election offense or any other crime
Knows how to read and write Filipino, English or any of the prevailing local dialect
Not related within 4th civil degree of consanguinity or affinity to any member of
the BET where he or she is assigned
Rights and duties of watchers
Stay in the space reserved for them inside the polling place
Witness the proceedings of the BET
Take note of what they may see or hear
Take photographs of the BET proceedings, election returns, ballot boxes, tally board
In case of discrepancy between the election returns and the tally board, the
election returns prevail.
However, they cannot take photographs of the official ballot because of the
secrecy and sanctity of the ballots.

By RLB
File a protest against any irregularity or violation of law he BELIEVES may have been
committed by BET or any person
Obtain from BET certificate of its filing and/or its resolution
Unimpeded view of the ballot being read, election returns and tally board, WITHOUT
TOUCHING THEM
Be furnished, UPON REQUEST, with certificate of votes, duly signed and thumb
marked by the BET
But they shall not speak to any BET, voter, or among themselves, in such a manner
as would disturb BET proceedings
They are allowed to speak provided it is only for clarificatory questions. They
cannot orally argue; once they argue, they will be asked to put that in writing.
The proceeding of the BET is supposed to be solemn.
What are the basic rules in ballot appreciation?

Every ballot is PRESUMED VALID unless there is clear & good reason to justify its
rejection
In other words, rejection or considering it as a stray vote/ballot is the last resort. As

much as possible, the BET must give life to the intention of the voter.
In case of doubt, the intention and expression of the voters will must be carefully
determined
Questions are decided by majority of BET
-
19
4 Basic Rules in Ballot Appreciation (Ferrer v Comelec, GR No. 139489, 10 April

2000)
! Intent rule
- What is the intention of the voter?
! Neighborhood rule
! Idem sonas rule
Idem Sonas: sounding the same or alike; having the same sound. A term applied
to names which are substantially the same, though slightly varied in the spelling.
Even if the spelling is wrong but if it sounds alike, it will be counted in favor of the
candidate.
! Equity of the incumbent rule
Apply this rule only when one of the candidates is incumbent
! Superiority of surname rule
If only the FIRST NAME of the candidate is written, which when read, has a SOUND
SIMILAR to the surname of another candidate:
If there is a woman who uses her maiden name or married surname or both and there
is a candidate with the same surname:
Ballot bearing such surname only shall be counted in favor of the incumbent
o
For example: Woman Candidate is Leviste; Incumbent is Leviste. Vote
goes to the incumbent Leviste by virtue of the Equity of the Incumbent
Rule.
NOTE: you only apply the Equity of the Incumbent Rule if one of the candidates is
incumbent. However, if none of them is incumbent, no one gets the vote
If 2 or more surnames are written on the SAME LINE on the ballot:

Not counted for either of them unless one of them is an incumbent who has
served for at least 1 year
o
For example: Rama Osmea; since the incumbent is Rama, then the
vote goes to RAMA.
If 2 or more SIMILAR SURNAMES are written on DIFFERENT LINES for an office which
authorizes election of more than 1 and there are the same number of candidates with
same surname:
Votes shall be counted for all
o
For example: For councilor, three candidates have the surname Tan
If the voter writes Tan on three lines for Councilor, everybody gets a
vote.
If the voter writes only on two lines, nobody gets a vote unless one of
them is incumbent. In that case, the incumbent gets one vote and not
two votes.
If both were incumbent, each one gets one vote.
If the two candidates are incumbent and only one surname is written,
nobody gets a vote.
If a single work is written, which is the first name of a candidate and the surname of
another:
Vote shall be counted for the candidate bearing the SURNAME
o
For example: The first name of Candidate A is Rodrigo and the surname
of Candidate B is Rodrigo, the vote goes to Candidate B by virtue of
Superiority of Surname Rule.
If 2 words are written on the SAME LINE, one of which is the first name of a candidate
and the surname of another:
Vote shall NOT be counted for EITHER
NOTE: The first four rules are provided for in the case of Ferrer v. Comelec, the
Superiority of surname rule is based from Bop-Bop Salcedo vs Atty. Gwapu Gujilde.
How to appreciate ballot?
If only the FIRST NAME or SURNAME of the candidate is written:

Vote is VALID provided there is no other candidate with the same first name or
surname for the same office
o
Example: The candidate is Juan Cruz. Juan is okay provided there is no
other candidate by that name. Cruz is okay provided there is no other
candidate by that surname.
If there are 2 or more candidates with the SAME full name, first name or surname,
and one of them is incumbent:
Vote is counted in favor of the incumbent
o
Example: Candidate A is Juan dela Cruz. Candidate B is Juan dela Cruz
and is the incumbent. The one who will get the vote is the incumbent, by
virtue of the Equity of the Incumbent Rule.
NOTE: you only apply the Equity of the Incumbent Rule if one of the candidates is
incumbent. However, if none of them is incumbent, no one gets the vote
No watcher, candidate or any other person is allowed to participate

Except: when watcher files protest
Recorded in the minutes
SIR: If there is a question as to ballot appreciation, only the three BET will decide.
Watchers cannot participate; they cannot argue. They can just file a written protest.
Vote is counted in favor of the candidate with such surname because of

Superiority of Surname Rule
o
Example: One candidates first name is Juan; while another candidates
surname is Huwan. Even if what is written is Juan, it will be counted
in favor of Huwan because of Superiority of Surname Rule and Idem
Sonas Rule.

By RLB
For example: Michael Osmea; nobody gets a vote even if one of them is
incumbent.
A name or surname incorrectly written, which when read, has a sound similar to the
name or surname of a candidate:
Vote shall be counted in favor of such candidate
o
For example: Cruise instead of Cruz; vote shall be counted by virtue of
Idem Sonas Rule.
The purpose of the Idem Sonas Rule is to give life to the intention of the voters
who cannot correctly write the name of the candidate. For as long as it sounds
alike, vote is still counted.
If a name of the candidate for the position he aspires for is written and on another
position he does not aspire for:
Vote shall be counted in the position he aspires for, BUT if it is intended to
identify the ballot, it becomes VOID
o
For example: BORBAJO is written for Mayor and Borbajo is also
written for Councilor but the candidate is running for Mayor, the vote for
Mayor shall be counted but the vote for Councilor shall be considered a
stray vote.
o
When we say of a stray vote, meaning only that vote is invalidated. It
does not invalidate the entire ballot.
o
However, if it is intended to identify the ballot, it becomes void (MARKED
BALLOT).
o
Before the BET counts the ballots or appreciates the ballots, they sort
the ballots to check if there are marked ballots. Once they find a marked
ballot, automatically it is voided; everything in the ballot is void.
If the name of the candidate is ERASED and another clearly written (meaning, the
voter changed his mind at the last minute)
Vote shall be counted in favor of the new name
If the initial of a first name, middle name or surname is incorrect:

Vote is valid and shall be counted (unless the BET thinks it is a marked ballot)
If the name of a candidate is the same as the name of another who is not a
candidate:
Vote is counted for candidate
If there are prefixes or suffixes:

Vote is still valid
o
For example: Sir Michael Rama, Don Tomas Osmea
Nicknames and appellations of affection and friendship accompanied by first name or

surname is VALID:
Nickname ONLY, valid if candidate is generally or popularly known in the locality
Initials only, illegible and do not sufficiently identify candidate:

Stray but will not invalidate whole ballot
However, if the BET thinks that it is a marked ballot, the entire ballot will be
voided.
Correct first name with different surname OR correct surname with different first
name:
Stray but will not invalidate whole ballot
20
Ballot written with crayon, lead pencil, or ink (wholly or in part):
Valid unless used to identify the ballot, in which case it is considered a MARKED
ballot and should be considered VOID
SIR: Unless used to identify the ballot, in which case, it is will be considered a
marked ballot and should be considered void.
If there are 2 or more candidates written in a single position:

The vote shall not be counted for either or all but does not affect validity of the
others
If the candidates voted for EXCEED the number of those to be elected:

Ballot is valid but counted only for those firstly written until the authorized
number is covered
Vote for non-candidate and for a candidate for an office he did not aspire for:
Stray but does not invalidate the entire ballot
Ballot containing name of candidate PRINTED, PASTED OR AFFIXED THROUGH ANY

MECHANICAL PROCESS:
TOTALLY NULL AND VOID
SIR: It will be null and void for being affixed through mechanical process or for
being a marked ballot.
Circles, crosses or lines on blank spaces:

Indicate desistance from voting and shall not invalidate the ballot
o
Unless used to identify the ballot, in which case, it is will be considered a
marked ballot.
Commas, dots, lines or hyphens between the first name and surname or in other parts
of the ballot; traces of the letters T, J; two or more kinds of writing; use of
accidental flourishes, strokes or strains:
Does not invalidate ballot, unless it clearly appears to have been deliberately
done to identify the ballot
Ballot which appears to have been filled by 2 distinct persons:

NULL AND VOID
If the space for Punong Barangay is blank, but the name of the candidate for Punong
Barangay is written in the first line for Barangay Kagawad:
Count in favor of the candidate pursuant to the Neighborhood Rule
o
If there are blank spaces between the space for Punong Barangay and the
space for Barangay Kagawad where the name of the Punong Barangay
candidate is written, the Neighborhood Rule will no longer apply.
o
If there is a candidate, running as Barangay Kagawad, having the same
name as the candidate for Punong Barangay and the name is written in the
space for Barangay Kagawad, then the vote will be counted for the Barangay
Kagawad candidate.
o
If the candidate for Punong Barangay has the same surname with a
candidate for Barangay Kagawad and the same surname is written on the
first two spaces for Barangay Kagawad, the vote may be counted for Punong
Barangay and Barangay Kagawad by virtue of the Neighborhood Rule. (It
actually depends on how the BET will appreciate the votes, for as long as
they have a basis.)
Vote for candidate disqualified BY FINAL JUDGMENT:

Stray but will not invalidate the entire ballot

By RLB
Ballots wholly written in Arabic in localities where it is of general uses are valid
Accidental tearing or perforation of ballot does not invalidate it
Failure to remove detachable coupon does not annul ballot
NOTE: the Neighborhood Rule is not found in the Omnibus Election Code. It is found in
jurisprudence. That is actually a concept made by the HRET (House of Representatives
Electoral Tribunal).
SIR: What is the concept or logic behind the Incumbent Rule?
Remember that, as much as possible, we need to find out or discover the
intention of the voter. Because he is the incumbent, the tendency is, supposedly,
the voter is more familiar with the incumbent since he is the one serving them.
There is a presumption of familiarity.
In automated elections, since it is the PCOS machine that counts, there are no
second chances. Thus, if you commit a mistake, you cannot ask for another
ballot.
For example, you wanted to vote for Candidate B but you marked the circle
beside the name of Candidate A and you marked that circle X and marked the
correct circle beside Candidate B. That will not be counted by the machine and
will be invalidated; but that will not invalidate the entire ballot.
Another example, for Senators: If you vote for only one candidate, that is allowed
and that will be counted by the machine. If you vote for twelve candidates,
twelve votes will also be counted. However, if you vote for thirteen candidates,
nobody gets a vote since you exceeded the allowable slots for that position; but
the entire ballot is not invalidated.
CANVASSING
Who conducts consolidation, canvassing and transmission?
Automated elections:
Municipal Board of Canvassers (MBOC)
City Board of Canvassers (CBOC)
Provincial Board of Canvassers (PBOC)

Manual elections:
Barangay Board of Canvassers (BBOC)
Must not be related within the 4th civil degree of consanguinity or affinity to:
o
Each other
o
Any candidate whose votes will be canvasses by the Board
COMPOSITION OF THE BOARD OF CANVASSERS
Municipal board of Canvassers
Chairman election officer
Vice-chairman- municipal treasurer
Member-secretary - district school supervisor

o
or in his absence, most senior principal of the school district
City Board of Canvassers
Chairman election officer or a lawyer of the commission
Vice-chairman city prosecutor
Member-secretary schools division supt.
21
Provincial Board of Canvassers
Chairman provincial election supervisor or a lawyer of the commission
Vice-chairman provincial prosecutor
Member-secretary district school superintendent

Barangay Board of Canvassers
All are BET Chaimen
Chairman
Vice-Chairman
Member-Secretary
When is there vacancy in the BOC
Non-availability
Absence
Disqualification
Incapacity for any cause
Feigning illness is an election offense
QUORUM REQUIRED - simple majority, or 2 out of 3
to transact official business
to render decision
Thus, from election day until proclamation, no member is transferred out of, or
leaves station, without authority from the Commission.
POWERS AND FUNCTIONS OF THE BOC
Full authority to keep order
Enforce obedience to its lawful orders
If any person disobeys or interrupts
The Board may order in writing any peace officer to take that person in custody
until adjournment
If there is no peace officer, any other competent and able person may be deputized to
enforce such order
Canvass/consolidate electronically transmitted results
Proclaim the winners and perform other duties
PERSONS ALLOWED INSIDE CANVASSING VENUE
Candidates, representative of political parties, party-list group
Counsels
o
Only one counsel argues
o
Have right to observe proceedings
o
Without touching the CCS - consolidation canvassing system
o
Dilatory tactics are not allowed
Watchers
o
Must know how to read and write
o
Not allowed to participate
o
Barangay officials and tanods not allowed
RIGHT OF WATCHERS
Be present, and take note of all proceedings
Stay behind BoC Chairman near enough to observe canvass
o
Without touching the CCS
File a protest against any irregularity noted in the canvass of election returns and
certificates of canvass
Obtain from the Board a resolution in writing
PERSON NOT ALLOWED INSIDE CANVASSING VENUE
Any officer or member of the AFP or PNP except:

When they are directed in writing

By RLB
To
To
To
To
stay outside canvassing venue, in proper uniform

maintain peace and order
protect the BoC and its staff
protect election paraphernalia and documents
Any peace officer or any armed or unarmed persons belonging to:

Extra legal police agency
Special, reaction, strike or civilian armed forces
Any member of
Security or police organizations of government agencies and instrumentalities
Privately owned security, intelligence, protective or investigative agency
Barangay tanod or self-defense units
PRE-PROCLAMATION CONTROVERSY
SEC. 241, BP 881
SECTION 241.Definition. A pre-proclamation controversy refers to any question
pertaining to or affecting the proceedings of the board of canvassers which may be raised
by any candidate or by any registered political party or coalition of political parties before
the board or directly with the Commission, or any matter raised under Sections 233, 234,
235 and 236 in relation to the preparation, transmission, receipt, custody and appreciation
of the election returns.
Pre-proclamation controversy refers to Any question
Proceedings of the BoC
Raised by any candidate or party
Before the BoC or the commission
Or any other matter raised in relation to the :
o
Preparation, transmission
o
Receipt, custody and
o
Appreciation of election returns
SECTION 233.When the election returns are delayed, lost or destroyed. In case
its copy of the election returns is missing, the board of canvassers shall, by messenger or
otherwise, obtain such missing election returns from the board of election inspectors
concerned, or if said returns have been lost or destroyed, the board of canvassers, upon
prior authority of the Commission, may use any of the authentic copies of said election
returns or a certified copy of said election returns issued by the Commission, and forthwith
direct its representative to investigate the case and immediately report the matter to the
Commission.
The board of canvassers, notwithstanding the fact that not all the election returns have
been received by it, may terminate the canvass and proclaim the candidates elected on
the basis of the available election returns if the missing election returns will not affect the
results of the election.
SECTION 234.Material defects in the election returns. If it should clearly appear
that some requisites in form or data had been omitted in the election returns, the board of
canvassers shall call for all the members of the board of election inspectors concerned by
the most expeditious means, for the same board to effect the correction: Provided, That in
case of the omission in the election returns of the name of any candidate and/or his
corresponding votes, the board of canvassers shall require the board of election inspectors
concerned to complete the necessary data in the election returns and affix therein their
22
initials: Provided, further, That if the votes omitted in the returns cannot be ascertained by
other means except by recounting the ballots, the Commission, after satisfying itself that
the identity and integrity of the ballot box have not been violated, shall order the board of
election inspectors to open the ballot box, and, also after satisfying itself that the integrity
of the ballots therein has been duly preserved, order the board of election inspectors to
count the votes for the candidate whose votes have been omitted with notice thereof to all
candidates for the position involved and thereafter complete the returns.
The right of a candidate to avail of this provision shall not be lost or affected by the fact
that an election protest is subsequently filed by any of the candidates.
SECTION 235.When election returns appear to be tampered with or falsified. If
the election returns submitted to the board of canvassers appear to be tampered with,
altered or falsified after they have left the hands of the board of election inspectors, or
otherwise not authentic, or were prepared by the board of election inspectors under
duress, force, intimidation, or prepared by persons other than the member of the board of
election inspectors, the board of canvassers shall use the other copies of said election
returns and, if necessary, the copy inside the ballot box which upon previous authority
given by the Commission may be retrieved in accordance with Section 220 hereof. If the
other copies of the returns are likewise tampered with, altered, falsified, not authentic,
prepared under duress, force, intimidation, or prepared by persons other than the
members of the board of election inspectors, the board of canvassers or any candidate
affected shall bring the matter to the attention of the Commission. The Commission shall
then, after giving notice to all candidates concerned and after satisfying itself that nothing
in the ballot box indicate that its identity and integrity have been violated, order the
opening of the ballot box and, likewise after satisfying itself that the integrity of the ballots
therein has been duly preserved shall order the board of election inspectors to recount the
votes of the candidates affected and prepare a new return which shall then be used by the
board of canvassers as basis of the canvass.
SECTION 236.Discrepancies in election returns. In case it appears to the board of
canvassers that there exists discrepancies in the other authentic copies of the election
returns from a polling place or discrepancies in the votes of any candidate in words and
figures in the same return, and in either case the difference affects the results of the
election, the Commission, upon motion of the board of canvassers or any candidate
affected and after due notice to all candidates concerned, shall proceed summarily to
determine whether the integrity of the ballot box had been preserved, and once satisfied
thereof shall order the opening of the ballot box to recount the votes cast in the polling
place solely for the purpose of determining the true result of the count of votes of the
candidates concerned.
Section 233 when election returns are delayed lost or destroyed
- Missing copy BoC sends messenger to obtain it from the BEI
- Lost or destroyed BoC uses other authentic copies upon prior authority from
Commission
- If they do not affect results of elections terminate canvass and proclaim
Section 234 material defects in the election returns
- Material defects Omission of name of candidate or omission of votes obtained
- BoC orders the BEI to correct
- If the omitted votes can only be ascertained by recount
- The Commission shall order the BEI concerned to open the ballot box and recount if it
is satisfied that:
o
The integrity of the ballot box is not violated
o
The integrity of the official ballots is duly preserved

By RLB
Section 235 when election returns appear to be tampered with or falsified after they
left the hand of BEI, or otherwise not authentic
- Not prepared by the BEI, or if prepared, under duress, force or intimidation
- BoC uses other copies of the election returns
- If said copies likewise suffer from the same infirmities, BoC uses copy from the ballot
box
- If the Commission is satisfied that its integrity is not violated
Section 236 discrepancies in election returns
- Discrepancies
o
in other authentic copies
o
of votes in words and figures in the same returns
o
affecting results of elections
- Recount votes if satisfied of integrity
Dagloc v Comelec
Facts: Election returns found spurious were excluded from canvass.
Held: Outright exclusion after the finding they are fraudulent returns is grave abuse of
discretion.
Procedure in sec 235 must be followed first:
- Use other copies of election returns
- If other copies are likewise spurious, use copy inside the ballot box
- If still spurious, recount if Commission is satisfied the integrity of ballot box and ballot
is not compromised.
Appreciation of ballots pertains to BEI, the remedy is election protest.
Belac v Comelec, GR No. 145802, April 4, 2001
Facts: Election returns were sought to be excluded from canvassing on the ground that
they were padded, tampered, falsified of manufactured and prepared before voting. The
BoC however proceeded to canvass. On appeal, the Commission excluded them.
Held: The grounds relied upon are in the nature of a pre-proclamation controversy which
is not allowed to be raised during canvassing. For as long as the election returns appear to
be authentic or duly accomplished on their face, they should be included in the canvass.
To do otherwise is to go beyond the face of the election returns, over which the
Commission or the BoC have no jurisdiction.
As a rule in pre-proclamation controversy, the Commission is restricted to the examination
of the election returns. It has no jurisdiction to go beyond its face and investigate
irregularities. The proper remedy is election protest. If at all, pre-proclamation
controversies are resolved summarily without need to present evidence aliunde as it takes
up considerable time.
JURISDICTION
Milla v Balmores-Laxa, GR No. 151216, July 18, 2003
Facts: A petition to correct entries, based on fraud and irregularities, was filed. Finding
fraud, the Commission en banc denied the motion to correct, nullified the proclamation of
one and proclaimed the other.
Held: The petition is in the nature of a pre-proclamation controversy. Thus, it must first
be heard and decided by decision. The en banc hears and decides only if there is a motion
for reconsideration. Thus, without the prior decision of the division, the en banc has no
jurisdiction over a pre-proclamation controversy.
23
ISSUES THAT MAY BE RAISED (No more pre-proclamation controversy)

SEC. 243, BP 881
SECTION 243.Issues that may be raised in pre-proclamation controversy. The
following shall be proper issues that may be raised in a pre-proclamation controversy:
(a) Illegal composition or proceedings of the board of canvassers;
(b) The canvassed election 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 thereof as mentioned in Section 233, 234, 235 and 236 of
this Code;
(c) The election returns were prepared under duress, threats, coercion, or
intimidation, or they are obviously manufactured or not authentic; and
(d) When substitute or fraudulent returns in controverted polling places were
canvassed, the results of which materially affected the standing of the aggrieved
candidate or candidates.
Antonio v Comelec
Facts: Election returns were sought to be excluded on the ground that their preparation,
transmission, custody and appreciation were attended by undue influence, extreme
pressure, threat and coercion. They affected the due execution, regularity and authenticity
of the election returns justifying examination of circumstances beyond their face.
Held: The petition is in the nature of a pre-proclamation controversy.
The general rule is that the Comelec need not go beyond the face of the returns and
investigate irregularities.
The exceptional circumstances to justify summary annulment of canvass and proclamation
are not attendant:
Precipitate canvassing
Terrorism
Lack of notice
Manifest irregularities in the face
Sebastian v Comelec, GR No. 139573-75, Mar. 7, 2000
Where the resolution of issues warrant piercing the veil of election returns that appear
prima facie regular, it is election protest.
Bandala v Comelec, GR No. 159369, March 3, 2004
Facts: Inclusion of election returns were objected on the grounds of lack of inner paper
seal, lack of party affiliation of watchers who signed and lack of pages listing local
candidates. The Comelec en banc ordered their exclusion and nullified the proclamation.
Held: Lack of inner paper seal is a mere formal defect that does not justify exclusion of
the election return. It does not affect the authenticity of the election return. It is not a
proper subject of a pre-proclamation controversy.
PROCEDURE TO RAISE OBJECTIONS
SEC. 20, RA 7166
Sec. 20. Procedure in Disposition of Contested Election Returns.
a. Any candidate, political party or coalition of political parties contesting the inclusion or
exclusion in the canvass of any election returns on any of the grounds authorized under
Article XX or 234, 235 and 236 of 234, 235 and Article XIX of the Omnibus Election Code
shall submit their oral objection to the chairman of the board of canvassers at the time the

By RLB
questioned return is presented for inclusion in the canvass. Such objection shall be
recorded in the minutes of the canvass.
b. Upon receipts of any such objection, the board of canvassers shall automatically defer
the canvass of the contested returns and shall proceed to canvass the returns which are
not contested by any party.
c. Simultaneous with the oral objection, the objecting party shall also enter his objection
in the form for written objections to be prescribed by the Commission. Within twenty-four
(24) hours from and after the presentation of such an objection, the objecting party shall
submit the evidence in support of the objection, which shall be attached to the form for
written objections. Within the same period of twenty-four (24) hours after presentation of
the objection, any party may file a written and verified opposition to the objection in the
form also to be prescribed by the Commission, attaching thereto supporting evidence, if
any. The board shall not entertain any objection or opposition unless reduced to writing in
the prescribed forms. The evidence attached to the objection or opposition, submitted by
the parties, shall be immediately and formally admitted into the records of the board by
the chairman affixing his signature at the back of each every page thereof.
d. Upon receipt of the evidence, the board shall keep up the contested returns, consider
the written objections thereto and opposition, if any, and summarily and immediately rules
thereon. The board shall enter its ruling on the prescribed form and authenticate the same
by the signatures of its members.
e. Any part adversely affected by the ruling of the board shall immediately inform the
board if he intends to appeal said ruling. The board shall enter said information in the
minutes of the canvass, set aside the returns and proceed to consider the other returns.
f. After all the uncontested returns have been canvassed and the contested return ruled
upon by it, the board shall suspend the canvass. Within forty-eight (48) hours, therefrom,
any party adversely affected by the ruling may file with the board a written and verified
notice of appeal; and within an unextendible period of five (5) days thereafter an appeal
may be taken to the Commission.
g. Immediately upon receipt of the notice of appeal, the board shall make an appropriate
report to the Commission, elevating therewith the complete records and evidence
submitted in the canvass, and furnishing the parties with copies of the report.
h. On the basis of the record and evidence elevate to it by the board, the Commission
shall decide summarily the appeal within seven (7) days from receipt of said record and
evidence. Any appeal brought before the Commission on the ruling of the board, without
the accomplished forms and the evidence appended thereto, shall be summarily
dismissed.
The decision of the Commission shall be executory after the lapse of seven (7) days from
receipts thereof by the losing party.
i. The board of canvassers shall not proclaim any candidate as winner unless authorized
by the Commission after the latter has ruled on the object brought to it on appeal by the
losing party. Any proclamation made in violation hereof shall be void ab initio, unless the
contested returns will not adversely affect the results of the election.
EXCLUDED ISSUES
SEC. 15, RA 7166
Sec. 15. Pre-proclamation Cases Not Allowed in Elections for President VicePresident, Senator, and Member of the House of Representatives. - For purposes of
24
the elections for President, Vice-President, Senator and Member of the House of
Representatives, no pre-proclamation cases shall be allowed on matters relating to the
preparation, transmission, receipt, custody and appreciation of the election returns or the
certificates of canvass, as the case may be. However, this does not preclude the authority
of the appropriate canvassing body motu propio or upon written complaint of an interested
person to correct manifest errors in the certificate of canvass or election returns before it.
Questions affecting the composition or proceedings of the board of canvassers may be
initiated in the board or directly with the Commission in accordance with Section 19
hereof.
Any objection on the election returns before the city or municipal board of canvassers, or
on the municipal certificates of canvass before the provincial board of canvassers or
district boards of canvassers in Metro Manila Area, shall be specifically noticed in the
minutes of their respective proceedings.
Ocampo v Comelec, GR No. 136282, February 15, 2000
Facts: Inclusion of election returns were objected for being lopsided and manufactured,
lack of statistical data and if any, with discrepancy on the number of votes cast, registered
voters and excess ballots and more importantly, erasures and super-impositions.
Held: Lack of statistical data is a formal defect that does not affect the integrity of the
election return. Superimpositions are intended to make the names more legible. That the
results were lopsided could only mean the voters did not vote for him.
EXCEPTION TO THE EXCEPTION:
Sandoval v Comelec, GR No. 133842, January 26, 2000
Facts: 19 election returns were alleged to have been omitted from canvassing. Hence, the
canvassing and proclamation were sought to be suspended.
Held: As a general rule, candidates are allowed to file pre-proclamation case before the
Comelec.
Except candidates for President, Vice-President, Senator and District Representatives
pursuant to Section 15 RA 7166.
Except when it involves correction of manifest error. In which case, it may be filed directly
with the Commission en banc.
DISTINGUISHED FROM OTHER REMEDIES.
Ampatuan v Comelec, GR No. 149803, Jan. 31, 2002
Issue: Whether the Commission is divested of its jurisdiction over a petition to declare
failure of election filed by respondent after the petitioner was proclaimed.
Contention of petitioner: After proclamation, the only remedy left for respondent is
election protest hence jurisdiction lies with the regular courts pursuant to a long line of
cases.
Held: Yes, if the ground is pre-proclamation controversy. But in this case, what is sought
is the annulment of election returns or failure of elections. These remedies are different
from each other.
In a pre-proclamation case, the Comelec is restricted to inquire into the regularity as
appearing on the face of the election returns. It has no jurisdiction to investigate the
alleged irregularities.

By RLB
In declaration of failure of elections, the Comelec is duty bound to investigate the

allegations of fraud, terrorism, violence or other analogous cases. Thus, it may conduct
technical examination of election documents, compare and analyze voter signatures and
thumb prints.
Sarangani v Comelec, GR No. 155560-62, Nov. 11, 2003
Facts: Certificates of Canvass were excluded by the Board of Canvassers on the ground
that they are mere photocopy or contained erasures.
Held: The Certificates of Canvass should be included despite the seeming irregularities.
The BoC is authorized to improvise election forms in case of shortage. In this case, BoC
was constrained to photocopy the first page of the CoC and use it as the second page to
list other candidates whose names could no longer be accommodated due to lack of space.
As a matter of fact, it was authenticated by the signatures of watchers from different
political parties and the citizens arm.
25
In this case however, even if the 90 votes were credited to petitioner, it is still not enough
to overcome the 228 lead of respondent.
PROPER ISSUES TO BE RAISED
- Illegal composition of the BoC
- Illegal proceeding of the BoC
o
Precipitate canvassing
o
Terrorism
o
Failure to notify
o
Improper venue
HOW TO RAISE THEM
- Verified petition before BoC or the Commission
- If before Boc and decision is adverse, appeal to the Commission within 3 days from
issuance
Upon scrutiny, the erasures were actually intended to reflect the true and actual numbers
of votes garnered by the candidates. These findings were made after the Commission
investigated the alleged irregularities. The results were even compared with the copies for
the Commission and were found the same. Extreme caution must be exercised in exclusion
as it may disenfranchise the voters of an entire municipality.
MOTIONS
- Must be in writing
- Duly received by the Secretary
- 24 hours to decide from receipt
Lucman v Comelec, GR No. 166229, June 29, 2005

Facts: Election returns were sought to be excluded because they are manufactured. But
the BoC included them, as the ground is in the nature of a pre-proclamation controversy.
The candidate appealed with the Comelec and reiterateded the grounds but added that the
election was tainted with massive irregularities.
PROCLAMATION
Substitution of voters, ballot snatching, voters were forced, threatened and intimidated to
vote, doubvle registrants and flying voters were allowed to vore, watchers were
threatened and forced to leave, the inspectors merely copied the tally board prepared by
watchers.
Held: Issues of fraud and terrorism are not proper in a pre-proclamation controversy
because their resolution warrants the Comelec to pierce the veil of the election returns
which appear to be prima facie regular. As such, they should be filed in an election protest
which jurisdiction pertains to the regular court.
As a rule, fraud, vote-buying and terrorism cannot be invoked as a ground to declare
failure of elections. Otherwise, a great number of innocent voters will be disenfranchised
by the misdeeds of a few.
Trinidad v Comelec, GR No. 134657, Dec. 15, 1999
Facts: A petition to correct manifest errors and annul proclamation was filed timely on the
ground that 5 election returns were canvassed twice. If corrected, the results would have
been different since only 228 votes separated the winner and the loser.
But a supplemental petition was filed 21 days after to correct the erroneous copying of the
figure 1099 from the Statement of Votes as 1009 into the Summary of Statement of
Votes. The Comelec suspended its rules on timeliness and ordered the correction but
affirmed the proclamation.
Held: The supplemental petition is a petition to correct manifest error, contrary to the
misimpression of the Comelec that it is a petition to nullify proclamation. Manifest means it
is visible to the eye and understanding, that which is open, palpable, un-controvertible,
needing no evidence to make it more clear. Thus, error in the mere copying of figures
from one document to another is manifest.
WHEN TO PROCLAIM
When winner is known
WHO IS THE WINNER
Candidate who obtained the highest number of votes by plurality
Top 1 - among candidates for single slot positions
Top 12, 10, 8, or 2 - among candidate for multiple slots positions
EFFECT OF FINALITY OF CANCELLATION OF OR DENIAL OF DUE COURSE TO
CERTIFICATE OF CANDIDACY
- Votes cast in his favor are considered stray
- Hence, the candidate with the second highest number of votes is proclaimed
EFFECT OF FINALITY OF DECLARATION AS NUISANCE CANDIDATE
Votes cast for the nuisance candidate
ADDED to the candidate with the SAME SURNAME
But if TWO OR MORE candidates share the same surname other than the nuisance
candidate:
Votes cast for nuisance candidate are STRAY
NOT credited to any candidate
INCUMBENT OR NOT
If nuisance candidate does not share the same surname with any other candidate,
votes are STRAY
NOT credited to any candidate
INCUMBENT OR NOT
EFFECT IF CANDIDATE WHO OBTAINED HIGHEST NUMBER OF VOTES
DISQUALIFIED BY A FINAL AND EXECUTORY DECISION
- He shall not be proclaimed
- But the candidate with the second highest number of votes is also not proclaimed
- Rue of succession applies
- Otherwise, the position is vacant.
IS

By RLB
WHEN DOES DECISION BECOME FINAL AND EXECUTORY

Division no MR is filed
En banc no TRO was issued by SC within 5 days from receipt of decision by the
parties
EFFECT IS DISQUALIFICATION REMAINS PENDING DURING CANVASSING
- Winner is proclaimed
- If there is no order to suspend proclamation issued by the Commission in division or en
banc
REMEDIES AFTER PROCLAMATION
- Election protest procedure to contest the election or the return of an elective official
- Quo warranto procedure to prevent assumption or unseat the proclaimed winner on
the ground of ineligibility or disloyalty to duly constituted authorities
ELECTION PROTEST
When filed within 10, 15, or, 30 days from proclamation
Who may file candidate who has duly filed a CoC for the same position
Where to file
President & Vice-Pres. PET within 30 days
Senator SET within 15 days
Congressman HRET within 10 days
Provl. & city officials Comelec within 10 days
Municipal officials RTC within 10 days
Barangay officials MTC within 10 days
GROUNDS FOR ELECTION PROTEST
Electoral frauds, anomalies or irregularities in the protested precincts
Where to appeal
MTC and RTC Comelec
Within 5 days after promulgation
Comelec, SET, HRET Supreme Court

Petition for review (Rule 64 and 65)
Grave abuse of discretion
Amounting to lack or excess of jurisdiction
Nature of Comelecs decision - final, unappealable and executory (Sec 22, RA 7166)
STRICT PROCEDURAL REQUIREMENTS FOR ELECTION PROTEST
Must be filed within the reglementary period
All fees must be paid with the same period
Must contain all allegations required to make it sufficient in from and substance
Misreading of ballots
Padding or shaving votes
Terrorism, violence or vote-buying
Must be under oath
Must contain certificate of non-forum shopping
SENATE AND HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNALS
Jurisdiction sole judge of all contests relating to the election, returns and
qualifications of their respective members
Composition 9 members
3 SC justices designated by the Chief Justice
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6 members based on proportional representation from political parties and partylist

3 members each from dominant majority and dominant minority parties
Senior Justice acts as Chairman
SUPREME COURT EN BANC AS PRESIDENTIAL ELECTORAL TRIBUNAL

Jurisdiction sole judge of all contests relating to the election, returns and qualification
of the President or Vice-president
QUO WARRANTO
When to file 10 days after proclamation
Who may file Any voter
Where to file
President & Vice-President PET
Senator SET
Congressman HRET
Provincial & city officials Comelec
Municipal elective officials RTC
Barangay elective officials MTC
Grounds for quo warranto
Ineligibility and disloyalty.

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ELECTIONS | Finals Transcript 2014

B. Conspiracy to bribe voters

ELECTIONS | Finals Transcript 2014

(1) Upon prior authority from the Commission

ELECTIONS | Finals Transcript 2014

Except: Officer or public officer authorized by the Commission to maintain peace

Prohibited act: use of body or security guard

ELECTIONS | Finals Transcript 2014

Penalty under RA 8189

ELECTIONS | Finals Transcript 2014

(1) Who is liable any political party

(2) Who is liable any person

(4) Who is liable any person

(6) Who is liable any person

Prohibited forms of election propaganda under Sec. 85 of the OEC

For independent candidates:

ELECTION OFFENSES ON CAMPAIGN UNDER THE FAIR ELECTION ACT

(5) Who is liable any person

Balloons and the like of whatever size, shape, form or kind

Maximum expenses allowed

ELECTIONS | Finals Transcript 2014

Effect of failure to file

Duty of election officer advise in writing within 5 days from

DD. Other Prohibitions

ER or deputized agents of postal service controlled by a GOCC

(5) Prohibition against discrimination in the sale of air time

ELECTIONS | Finals Transcript 2014

Instances of Electoral Sabotage

Sec. 265 of OEC, as amended by Sec. 43 of RA 9369

ELECTIONS | Finals Transcript 2014

Comelec v Espaol, G.R. Nos. 149164-73, December 10, 2003

ELECTIONS | Finals Transcript 2014

ELECTIONS | Finals Transcript 2014

SECTION 75. Filing and distribution of certificate of candidacy. The certificate of

SECTION 66.Candidates holding appointive office or positions. Any person

MINISTERIAL DUTY TO RECEIVE COC

SECTION 67.Candidates holding elective office. Any elective official, whether

ELECTIONS | Finals Transcript 2014

ELECTIONS | Finals Transcript 2014

failed to establish abandonment of her domicile of origin:

Gayo v Verceles, GR No. 150477, Feb. 28, 2005

Limbona v Comelec, GR No. 186006, Oct. 16, 2009

ELECTIONS | Finals Transcript 2014

Thus preventing a faithful determination of the true will of the electorate.

Where to file: Law Department

Nature of Proceedings: summary

Pamatong v Comelec, GR No. 16872, April 13, 2004

ELECTIONS | Finals Transcript 2014

Grounds under Comelec Resolution

Move to suspend the proclamation

Procedure under RA 6646 for petitions to declare nuisance candidates and to

After last day of filing COC

SIR: In other words, an independent candidate cannot be substituted.

In case of valid substitution after ballots have been printed

ELECTIONS | Finals Transcript 2014

ELECTIONS | Finals Transcript 2014

ELECTIONS | Finals Transcript 2014

It is the equivalent of Ballot Revision in case of an election protest.

Of good moral character and irreproachable reputation

Able to speak and write Filipino, English or the local dialect

No pending case for election offense

Any member of same BET

Any candidate of the barangay where he serves

Conduct voting and counting of votes within their polling place