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Embodiment of the popular will, the

expression of the sovereign power of the


Choice or selection of candidates to

public office by popular vote

Conduct of the polls

Listing of votes

Holding of Electoral campaign

Act of casting and receiving the ballots

from the voters

Counting the ballots

Making the election returns

Proclaiming the winning candidates

Regular election refers to an election
participated in by those who possess the
right of suffrage and not disqualified by law
and who are registered voters.
Special election is when there is failure of
election on the scheduled date of regular
election in a particular place or which is
conducted to fill up certain vacancies, as
provided by law.

Political Parties


Majority Political Party

Top 3 Political Parties entitled to
appoint principal watcher and a copy of
the certificate of canvass
Bottom 3 political parties entitled to
appoint principal watcher

2) Non-registered parties
Criteria to Determine the Type of Political
Established Record of the said parties,
showing in past elections
Number of Incumbent Elective Officials
Identifiable political organizations and
Ability to fill a complete slate of
Other analogous circumstances
Grounds for Challenging the Voter
Illegal voters ( Not Registered / Using
the name of another / disqualified )
Based on certain illegal acts (Vote
Acquisition of Juridical Personality
It is acquired upon registration with the
Forfeiture of Status as a Registered Political

Definition (Omnibus Election Code)

The status shall be deemed forfeited if the

political party, singly or in coalition with

An organized group of persons pursuing the

same ideology, political ideas or platforms of

others, fails to obtain at least 10% of the

votes cast in the constituency in which it

government including its branches and


nominated and supported a candidate/s in

the election next following its registration.

Types of Political Parties

1) Registered Parties:
Dominant Majority Party usually the
administration party; entitled to a copy
of election return
Dominant Minority Party entitled to a
copy of election return

There shall be notice and hearing.

Rules on Filing of Certificates of Candidacy
No person shall be elected into public
office unless he files his certificate of
candidacy within the prescribed period


No person shall be eligible for more

than one office. If he/she files for more
than one position, he shall not be
eligible for all unless he cancels all and
retains one
The certificate of candidacy shall be
filed by the candidate personally or by
his duly authorized representative.
Upon filing, an individual becomes a
candidate, he is already covered by
rules, restrictions and processes
involving candidates.

Grounds for Disqualification

Election offenses under Sec 68 of the
Omnibus Election Code (OEC)
Not possessing qualifications and
possessing disqualifications under the
Local Government Code

2.7 Insane or feeble-minded


Nuisance candidate
Violation of sec 73 of OEC with regard
to certificate of candidacy
Violation of sec 78 which is material
misrepresentation of reqts under sec.

* Disqualifications (from continuing as a

candidate or from holding the office if
already elected):
Any candidate, who in an action or protest in
which he is a party is declared by final
decision of a competent court guilty of, or is
found by the Commission of having:

2.1 Sentenced by final judgment for an

offense involving moral turpitude or for an
offense punishable by one year or more of


imprisonment within two years after serving



2.2 Removed from office as a result of an

administrative case


2.3 Convicted by final judgment for

violating the oath of allegiance to the




2.4 Dual citizenship ( more specifically, dual

2.5 Fugitives from justice in criminal or
non-political cases here or abroad
2.6 Permanent residents in a foreign
country or those who have acquired the right
to reside abroad and continue to avail of the
same right

Given money or other material

consideration to influence, induce or
corrupt the voters or public officials
performing electoral functions.
Committed acts of terrorism to
enhance his candidacy
Spent in his election campaign an
amount in excess of that allowed by the
Omnibus Election Code )
Solicited, received or made any
contribution prohibited under this Code
Violated any of the following sections:
Section 80, 83, 85,86,261
Permanent resident of or an immigrant
to a foreign country shall not be
qualified to run for any elective office
UNLESS he/she has waived his/her status
as a permanent resident/immigrant of a
foreign country in accordance with the
residence requirement provided for
under election laws.

Effect of a Disqualification case (under RA

Any candidate who has been declared
by final judgment to be disqualified shall
NOT be voted for. The votes cast in his
favor shall not be counted.


If the candidate is not disqualified by

final judgment before the election and
receives the highest number of votes in
the election, the court or COMELEC will
continue with the trial and hearing of
the action, inquiry or protest. Upon
motion of the complainant or intervenor,
the court or COMELEC may order the
suspension of the proclamation of the
candidate whenever the evidence of his
guilt is strong.

A. Exclusive ground: A material

representation in the certificate of candidacy
is false.
B. The petition should be filed not later than
25 days from the filing of the certificate of
C. It should be decided not later than 15 days
before the election, after due notice and
Election Campaign/Partisan Political Activity

Nuisance Candidates
A. The term refers to candidates who have
no bona fide intention to run for the office
for which the certificate of candidacy has
been filed and would thus prevent a faithful
determination of the true will of the people.
B. Power of COMELEC

May refuse to give due course to or

cancel a certificate of candidacy of a
nuisance candidate. This can be done
motu proprio or upon verified petition of
an interested party.

2.There should be a showing that:


Certificate of candidacy has been filed

to put the election process in
mockery/disrepute or
To cause confusion among the voters by
the similarity of the names of the
registered candidates
Other circumstances which clearly
demonstrate that the candidate has no
bona fide intention to run for the

Petition to deny due course to or to cancel

a Certificate of Candidacy

1) It refers to an act designed to promote the

election or defeat of a particular candidate/s
to a public office
2) It includes:
A. 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
B. 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.
C. Making speeches, announcements or
commentaries or holding interviews for or
against the election of any candidate for
public office.
D. Publishing or distributing campaign
literature or materials designed to support or
oppose the election of any candidate.

E. Directly or indirectly soliciting votes,

Radio: 180 minutes for candidate for

pledges or support for or against a candidate.

nationally elective office and 90 for local

3) When the acts enumerated above are NOT

COMELEC free space (3 national newspaper

considered an election campaign/partisan

political activity.

for nationally elective officials and 1 national

newspaper for local) and airtime

If the acts are performed for the purpose of

enhancing the chances of aspirants for

(3 national television networks for nationally

elective officials and 1 station for local ) :

nomination for candidacy to a public office

by a political party, aggroupment, or

equal allocation for all candidates for 3

calendar days

coalition of parties.
Important Features:
1) Repeal of Sec. 67 of the OEC Now, any
ELECTIVE official, whether national or local,
running for any office other than the one
which he is holding in a permanent capacity
shall not be considered ipso facto resigned
from his office upon the filing of his
certificate of candidacy.
2) Lifting of the Political Ad Ban Written
and Printed Materials (8.5 W x 14L)
Posters (2 x 3) in common-private poster
areas ( not more than 10 public places per
political party or independent candidate, 12
16), private places and public places
Rally streamers (3 x 8) NOT MORE THAN 2
Paid Advertisements at Discounted Rates
Print : 1/4th page in broadsheet and page in
tabloid 3x a week

Authorized Expenses ( multiplied with the

total number of registered voters )

P 10 for president / vice president

P 3 for other candidates for every

voter currently registered in the

P 5 for independent candidates and

political parties


Age: 18 years old and over.



He /she should have resided in the

Philippines for one year and
Resided in the city/municipality
wherein he proposes to vote for at least
6 months immediately preceding the
Residence Requirement

If the transfer of residence is due to any of

the following reasons, the person concerned
will be deemed NOT to have lost his original
A. Transfer solely because of occupation,
profession, employment in private or public

Television: 120 minutes for candidate for

nationally elective office and 60 for local

B. Educational activities

C. Work in military or naval reservations

D. Service in the army, navy or air force,
national police force
E. Confinement/detention in government
institutions in accordance with law.

2. However, he shall regain his right to vote

automatically upon expiration of 5 years
after service of sentence.
C. Insane or incompetent persons as
declared by competent authority.
Jurisdiction in Inclusion/Exclusion cases

A. The municipal and metropolitan trial

Q: Can there still be general registration
of voters?
A: No more, because 8189 (7) provides for

courts shall have original and exclusive

jurisdiction over all matters of inclusion and
exclusion of voters from the list in their
respective municipalities or cities. Petition
filed at any time except 105 days before
regular election or 75 days before special

such only for the May 98 elections


Q: What kind of registration system do we

B. Decisions may be appealed to the RTC

A: Continuing, Computerized and Permanent

A. If sentenced by final judgment to suffer

imprisonment for not less than 1 year and
such disability was not removed by plenary
pardon or has not been granted amnesty.
However, any person disqualified to vote
shall automatically reacquire the right to
vote upon expiration of 5 years after service
of sentence.
B. Any person who has been adjudged by
final judgment by competent court or
tribunal of having committed any crime
involving disloyalty to the duly constituted
government such as rebellion or any crime
against national security:
1. UNLESS restored to his full civil and
political rights in accordance with law.

within 5 days from receipt of notice of

C. RTC will decide the appeal within 10
days. Decision is final and executory.
D. Note: Relate this to Article IX of the
Constitution which provides that the
COMELEC has no jurisdiction over questions
involving the right to vote.
E. Exclusion is through sworn petition and
not later than 100 days before regular
election; 65 days before special election
Grounds when the List of Voters will be

Deactivation/ Reactivation

Exclusion/ Inclusion

Cancellation of Registration in case of


New voters

Annulment of Book of Voters

Transfer of Residence

How is challenge to right to register

Who any voter, candidate, political party

Loss or destruction of election

Force majeure
Other analogous causes



How in writing, stating grnds, under oath,

It is impossible to hold a free, orderly and

honest election in any political subdivision

proof of notice of hearing

COMELEC can postpone the election (when

decided by a majority vote of the COMELEC
Deactivation means removing the
registration records of persons from the
precinct book of voters and place the same,
properly marked and dated in indelible ink,
in the inactive file after entering the cause
of deactivation.
How is reactivation of registration
effected ?

sitting en banc, RA 7166):

A. Motu proprio
B. Upon a verified petition by any interested
party, after due notice and hearing
Date of new election

The date of the postponed election should be

Sworn application for reactivation

reasonably close to the date of the election

not held, suspended, or which resulted in a


failure to elect. It should not be later than

30 days after the cessation of the cause for

Not later than 120 days before regular

election and 90 days before special election

such postponement or suspension of the

election or failure to elect.

Annulment of Book of Voters is through

verified petition; notice and hearing; not
prepared in accordance with law or prepared
through fraud, bribery, forgery,
impersonation, intimidation, force, any
similar irregularity or which contains data
that are statistically improbable
Cannot be done within 90 days before

Postponement of Election


Failure of Election

Force majeure
Other analogous causes

Under RA 7166, the causes for the

declaration of the failure of election may
occur before or after the casting of votes or
on the day of the election.
Effects of above causes

A. Election in any polling place was not held

on the date fixed;

party-list system in the 2 preceding

elections for the constituency in which it
has registered

B. Election was suspended before the hour

fixed by law for the closing of the voting
C. Elections results in a failure to elect (after
the voting and during the preparation and
transmission of the election returns or

Nomination of party-list reps should not

include any candidate for any elective office

in the custody or canvass thereof)

or a person who has lost his bid for an

elective office in the immediately preceding

AND the failure or suspension of the election


would affect the result of the election


COMELEC can call for the holding or

continuation of the election not held,

Incumbent sectoral representatives in the

House of Representatives who are nominated
in the party-list system shall not be
considered resigned

suspended, or which resulted in a failure to

elect. The election should be held not later

Party List Reps constitute 20% of the total

than 30 days after the cessation of the cause

of the postponement or suspension of the

number of the members of the House of Reps

including those under the party-list

election or failure to elect. This is decided

by the COMELEC, by a majority vote of its
members, sitting en banc.

How do we determine the number of party

list seats in the House of Reps?
(# of District Reps / 0.80) x 0.20 = # of party
list reps

RA 7941 Party-List System Act

Seeks to promote proportional
Any party already registered need not
register anew. File manifestation not
later than 90 days before election.

Grounds for refusing or canceling registration of

Party-Lists groups


Religious sect or denomination,

Advocates violence
Foreign party or organization
Receives foreign support
Violates election law
Untruthful statements in its petition
Ceased to exist for at least one year
Failed to participate in the last two
preceding elections or fails to obtain at
least 2% of the votes cast under the

There are presently 208 legislative

districts, according to the Veterans

Federation Case
The 5 major political parties are now

entitled to participate in the party list

Parties receiving at least 2% of the

total votes cast for the party-list system

shall be entitled to one seat each
No party shall be entitled to more than

3 seats
Currently, there are 260 seats. So 20 %

of 260 is 52 seats. But this is only a

A list with 5 names should be submitted
to COMELEC as to who will represent the
party in the Congress. Ranking in the list
submitted determines who shall
represent party or organization.

Rules for Appreciation of Ballots

Liberal Construction in favor of the

validity of the ballot

Look at the ticket slate, consider

locality or literacy rate

Rule 211 of the OEC
Incumbency / Surname
Cannot ascertain STRAY VOTE

members do not hold legal appointments

or are in fact usurpers
Issue involves the correction of
manifest errors in the tabulation or

of the results during the canvassing

Pre-Proclamation Controversies


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
It would also refer to any matter raised
under Sections 233, 234, 235, and 236 of
the Omnibus Election Code in relation to
the preparation, transmission, receipt,
custody, and appreciation of the election
returns. (Board of canvassers have
original jurisdiction while COMELEC have
appellate jurisdiction)
When election returns are
delayed, lost or destroyed
Material defects in the election
returns (Sec. 234)
When election returns appear
to be tampered with or falsified.
(Sec. 235)
Discrepancies in election
returns (Sec. 236)

C. Those that can be filed with COMELEC

directly are the ff:

Issue involves the illegal composition or

proceedings of the board of canvassers,
as when a majority or all of the

There can be a recount under the grounds of
234-236. The returns involved will affect the
results and the integrity of the ballot box has
been preserved
Issues that may be raised in a pre-proclamation


Illegal composition or proceedings of

the board of canvassers
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 authentic
copies thereof.
The election returns were prepared
under duress, threats, coercion, or
intimidation, or they are obviously
manufactured, or not authentic.
When substitute or fraudulent returns
in controverted polling places were
canvassed, the results of which
materially affected the standing of the
aggrieved candidate/s.

A. Contested composition or proceedings of
the board (under RA 7166)
It may be initiated in the board or directly

B. Contested election returns (under RA

be initiated in the board or directly with



Matters relating to the preparation,

transmission, receipt, custody and
appreciation of the election returns, and
certificate of canvass, should be brought in
the first instance before the board of
canvassers only.
Summary nature of pre-proclamation controversy


Pre-proclamation controversies shall be

heard summarily by the COMELEC.
Its decision shall be executory after the
lapse of 5 days from receipt by the
losing party of the decision, unless
restrained by the SC.
Effect of filing petition to annul or suspend

It suspends the running of the period within

which to file an election protest or quo
warranto proceedings.
When not allowed

Pre-proclamation cases on matters relating

to the preparation, transmission, receipt,
custody and appreciation of the election
returns or the certificates of canvass NOT
allowed in elections for: (under RA 7166)

Member of the House of

BUT: The appropriate canvassing body motu

propio or upon written complaint of an
interested person can correct manifest errors
in the certificate of canvass or election
returns before it.
BUT: Questions affecting the composition or
proceedings of the board of canvassers may

When pre-proclamation cases are deemed

All pre-proclamation cases pending
before the COMELEC shall be deemed
terminated at the beginning of the term
of the office involved and the rulings of
the boards of canvassers concerned
deemed affirmed.
B. This is without prejudice to the filing of a
regular election protest by the aggrieved
C. HOWEVER: Proceedings MAY CONTINUE if:

The COMELEC determines that the

petition is meritorious and issues an
order for the proceedings to continue or
The Supreme Court issues an order for
the proceedings to continue in a petition
for certiorari.

Election Contest
Original Jurisdiction

COMELEC has ORIGINAL jurisdiction over

contests relating to the elections, returns,
qualifications of all elective:

City officials

Appellate Jurisdiction

COMELEC has APPELLATE jurisdiction over all

contests involving:
A. Elective MUNICIPAL officials decided by
trial courts of GENERAL jurisdiction

B. Elective BARANGAY officials decided by

2.It is governed by the requirements of

trial courts of LIMITED jurisdiction

judicial process

Who can file a petition contesting the election


Any candidate who has duly filed a

certificate of candidacy and has been voted
for the same office
Purpose of an election contest

The defeated candidate seeks to outs the

proclaimed winner and claims the seat.
Final COMELEC Decisions

In some cases, even if the case

(involving municipal officials) began with the

COMELEC before proclamation but a
proclamation is made before the controversy
is resolved, it ceases to be a preproclamation controversy and becomes an
election contest cognizable by the RTC.
However, in some cases, the SC has
recognized the jurisdiction of COMELEC over

Provision that decisions, final orders, rulings

municipal cases even after proclamation.

Relate to the provision in RA 7166 allowing

of the Commission on election contests

involving municipal and barangay offices are

pre-proclamation controversy proceedings to

continue even after a proclamation has been

final, executory and not appealable:


A. This only applies to questions of FACT.

( Flores v. COMELEC, 184 SCRA 484)

Election Offenses ( Selected Offenses)

B. It does NOT preclude a special civil action

Vote buying and vote-selling

of certiorari. (Galido v. COMELEC, Jan.


A. Covered acts

Distinctions between Pre-Proclamation Controversy

and Election Contest

1.Give, offer or promise money or anything

of value

1) Dividing line: Proclamation of a candidate

2. Making or offer to make any expenditure,

2) Jurisdiction

directly or indirectly, or cause an

expenditure to be made to any person,

A. Pre-proclamation controversy

association, corporation, entity or


1.The jurisdiction of COMELEC is

2.It is governed by the requirements of
administrative due process
B. Election contest
1.The jurisdiction of COMELEC is judicial

3.Soliciting or receiving, directly or

indirectly, any expenditure or promise of any
office or employment, public or private
B. Purpose of acts

1. To induce anyone or the public in general

A. Who can be held liable

to vote for or against any candidate or

withhold his vote in the election or

1. public officer

2. To vote for or against any aspirant for the

nomination or choice of a candidate in a
convention or similar selection
C. Under RA 6646 (Prosecution of votebuying/selling)
1. Presentation of a complaint supported by
affidavits of complaining witnesses attesting
to the offer or promise by or the voters
acceptance of money or other consideration
from the relatives, leaders or sympathizers
of a candidate is sufficient basis for an
investigation by the COMELEC,directly or
through its duly authorized legal officers.
2. Disputable presumption of conspiracy:
Proof that at least one voter in different
precincts representing at least 20% of the

2. officer of a public/private
3. heads/superior/administrator of any
religious org.
4. employer/landowner
B. Prohibited acts
Coercing, intimidating or compelling or
influencing, in any manner, any
subordinates, members, parishioners or
employees or house helpers, tenants,
overseers, farm helpers, tillers or lease
holders to aid, campaign or vote for or
against a candidate or aspirant for the
nomination or selection of candidates.
Dismissing or threatening to dismiss,
punishing or threatening to punish by
reducing salary, wage or compensation
or by demotion, transfer, suspension etc.

total precincts in any municipality, city or

province has been offered, promised or given
money, valuable consideration or other
expenditure by a candidate relatives, leaders
and/or sympathizsrs for the purpose of
promoting the election of such candidate.

Appointment of new employees, creation

of new position, promotion or giving salary
A. Who can be held liable: Any

3. Disputable presumption of involvement

head/official/appointing officer of a
government office, agency or

Proof affects at least 20% of the precincts of

instrumentality, whether national or local,

including GOCCs.

the municipality, city or province to which

the public office aspired for by the favored
candidate relates. This will constitute a
disputable presumption of the involvement
of such candidate and of his principal
campaign managers in each of the
municipalities concerned in the conspiracy
Coercion of a subordinate

B. Prohibited acts
1.Appointing or hiring a new employee
(provisional, temporary or casual)
2.Creating or filling any new position

3.Promoting/giving an increase in salary,

remuneration or privilege to any government
official or employee.
C. Period when acts are prohibited
1. 45 days before a regular election
2. 30 days before a special election
D. Exceptions
Upon prior authority of COMELEC if it is
satisfied that the position to be filled is
essential to the proper functioning of
the office/agency concerned AND that
the position is not filled in a manner that
may influence the election
In case of urgent need, a new
employee may be appointed. Notice of
appointment should be given to
COMELEC within 3 days from
Prohibition against release, disbursement or
expenditure of public funds

A. Who can be held liable: Any public

official or employee including barangay
officials and those of GOCCs/subsidiaries
B. Prohibited acts:
The release, disbursement or expenditure of
public funds for any and other kinds
public works


C. Period when acts are prohibited:

1. 45 days before a regular election

awarded before the 45 day period before

payment for the usual cooperation for
working drawings, specfications and
other procedures preparatory to actual
construction including the purchase of
material and equipment and incidental
expenses for wages.
Emergency work necessitated by the
occurrence of a public calamity but such
work shall be limited to the restoration
of the damaged facility.
Ongoing public work projects
commenced before the campaign period
or similar projects under foreign
Suspension of elective, provincial, city, municipal or
barangay officer

A. General rule: public official CANNOT

suspend any of the officers enumerated
above during the election period.
B. Exceptions
With prior approval of COMELEC
Suspension is for the purpose of
applying the Anti-Graft and Corrupt
Practices Act
In relation to registration of voters/voting

Unjustifiable refusal to register and


Voting more than once in the same

election/voting when not a registered

Voting in substitution for another with

or without the latters knowledge and/or
consent etc.

2. 30 days before a special election

D. Exception
maintenance of existing/completed
public works project.
work undertaken by contract through
public bidding, or by negotiated contract

Other election offenses under RA 6646

Causing the printing of official ballots
and election returns by printing
establishments not on contract with





COMELEC and printing establishments

which undertakes unauthorized printing
Tampering, increasing or decreasing the
votes received by a candidate or refusing
after proper verification and hearing to
credit the correct votes or deduct the
tampered votes (committed by a
member of the board of election
Refusing to issue the certificate of
voters to the duly accredited watchers
(committed by a member of the BEI)
Person who violated provisions against
prohibited forms of election propaganda
Failure to give notice of meetings to
other members of the board, candidate
or political party (committed by the
Chairman of the board of canvassers)
A person who has been declared a
nuisance candidate or is otherwise
disqualified who continues to
misrepresent himself as a candidate (Ex.
by continuing to campaign) and any
public officer or private individual who
knowingly induces or abets such
misrepresentation by commission or


If the chairman of the BEI fails to affix

his signature at the back of the official
ballot, in the presence of the voter,
before delivering the ballot to the voter.
(under RA 7166)

Prescription of Election Offenses


Election offenses shall prescribe after 5

years from the date of their commission
If the discovery of the offense is made
in an election contest proceeding, the
period of prescription shall commence
on the date on which the judgment in
such proceedings becomes final and
Jurisdiction of courts


RTC has exclusive original jurisdiction

to try and decide any criminal action or
proceedings for violation of the Code.
MTC/MCTC have jurisdiction over
offenses relating to failure to register or

Election Law Reviewer and Memory Aid