LAW ON ELECTIONS - AGPALO

CHAPTER I
INTRODUCTORY

1.1 THE BASIC LAW ON ELECTIONS

Omnibus Election Code (BP 881) basic and fundamental law

on elections

RA 6646 reenacted the Omnibus election Code via 1987 Consti

COMELEC authorized by the Consti to enforce all election laws

1.2 ELECTIONS, GENERALLY

ELECTIONS embodiment of the popular will; the expression of

the sovereign power of the people; involves the complete
ascertainment of the expression of the popular will, embracing the
entire range, from deposit of the ballot to the final ascertainment
and certification of the result.

ANY ELECTION ( in Consti or Election Code) refers to ALL

elections in the country

REGULAR ELECTION (whether National/Local) refers to one

participated by valid voters
VALID VOTERS:
o Possess the right to vote
o Not disqualified
o Registered
NB: SK election is NOT a Regular election because it is only participated
by the youth (ages 15-21), some of whom are not qualified voters to elect
local or national elective officials.

SPECIAL ELECTION held where: a) there is a failure of election

on the scheduled date of regular elections in a particular place; b)
conducted to fill up certain vacancies, as provided by law
1.03
PURPOSE OF ELECTION: PREVENT OR MINIMIZE ELECTION
FRAUDS

To enable the electorate to choose the people who would run their
Govt, whether:
o National
o Municipal
o Provincial
o City
o Barangay

Presumption is that all the provisions of the election laws have a

purpose and should be observed. (Lino Luna v. Rodriguez)

According to Pangandaman v. COMELEC, the purpose is to protect

the integrity of elections to suppress all evils that may violate its
purity and defeat the will of the voters.
Clean elections control the appropriateness of the remedy
CHAPTER II
THE COMMISSION ON ELECTIONS

2.04

COMELEC AS INDEPENDENT BODY

COMELEC a constitutional body entrusted with the enforcement
of the election law and the inquiry into and the resolution of
dispute or controversy dealing with elections, other than those
expressly withheld.

Main task of COMELEC: ensuring free, orderly and honest elections

Basis: Universal recognition that expertise is more easily acquired if
the work entrusted to an office is of a specialized kind.

To ensure the expertise, the Constitution instituted a rotational

plan in the appointment to the Commission:
o The appointment of three Commissioners (including the
Chairman) every regular appointment date by having the first
set of Commissioners have a term of 7 (3 Commissioners) 5
(3 Commissioners) 3 years (1 Commissioner)
NB: Each succeeding Commissioner shall have a term of 7 years.

Conditions of the rotational plan:

o Terms of the first Commissioners start on a common date.
o Any vacancy due to death, resignation or disability before the
expiration of the term should only be filled for the unexpired
balance of the term.

2.05
MEASURES
DESIGNED
TO
MAKE
THE
COMMISSION
INDEPENDENT

How independent?
o Beyond the executive to control
o Beyond the legislative to abolish
o Beyond the Supreme Court to supervise
except as provided in the Constitution.

Measures:
1. Chairman + Commissioners are given fixed terms, without
reappointment
2. Salaries not be decreased during their continuance in office

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3.

2.06

2.07

Not engage in:

o Practice in any profession
o Management of any business
o Financially
interested
D/I
in
any
contract/franchise/privilege
granted
by
the
Govt/subdivision/agency/instrumentality/GOCC
4. Can only be removed by impeachment
Basis:
o Conviction or culpable violation of the Constitution
o Treason
o Bribery
o Other High Crimes
o Graft and Corruption
The members of the Commission must be independent by the very
nature of their duties and responsibilities. It is intended to assure
the honest, fearless and uncompromising interpretation and
enforcement of election laws.
POWERS, GENERALLY
Basis: Article 9-C of the Constitution (basically the all provisions
under COMELEC with its powers and functions found in Section 2)
Powers may be classified into all 3 powers:
o Executive refers to the enforcement and administration of
the election laws
o Legislative refers to the issuance of rules and regulations to
implement the election laws and to exercise of such legislative
functions as may be expressly delegated to it by Congress
o Judicial
Power to resolve controversies that may arise in the
enforcement of election laws
Be the sole judge of all pre-proclamation disputes
Be the sole judge of all contests relating to the elections,
returns, and qualifications of all regional, provincial, and
city officials
TO ENFORCE AND ADMINISTER ELECTION LAWS
The COMELECs general power of administration, enforcement, and
supervision is the basis that provides the necessary safeguards
and remedies against election frauds that election laws fail to
provide.

Why? Diversity of such frauds and anomalies surpasses

legislative anticipation (Innovative kasi masyado!)
However, although it has broad powers, COMELEC has no
competence to act outside the statutes and administrative orders.
Scope of powers:
o Election Laws
o Constitution

2.08
TO ADOPTMEANS TO INSURE FREE, HONEST AND ORDERLY
ELECTIONS

COMELEC must do everything in its power to secure a fair and

honest election. Therefore, it has freedom in adopting means and
methods to insure such accomplishment.
GR: Choice of such means by COMELEC should not be interfered by the
SC
EX: If such means are illegal or constitutes GAD
Basis: Presumption of regularity to achieve its duties properly.
2.09
TO EXERCISE ADJUDICATORY AND ADMINISTRATIVE POWER

COMELEC has adjudicatory and administrative powers.

Review: Adjudicatory = investigation of facts, holding of hearings and
drawing conclusions from them as basis for official action and to
exercise discretion.
Example: W/N candidate is entitled to use a particular nickname; W/N
votes for such candidates under such nickname
NB: COMELEC, although acting as a quasi-judicial tribunal, CANNOT
ignore the requirements of procedural due process in resolving election
cases.

Adjudicatory powers of COMELEC:

o Basis: Sec 2 (2) of Art 9-C
Exercise original exclusive original jurisdiction all
contests relating to the elections, returns, and
qualifications of all elective regional, provincial, and city
officials
Appellate jurisdiction all contests involving elective
municipal/(barangay) officials decided by trial courts of
general/ (limited) jurisdiction.

Administrative powers of COMELEC:

o Includes all administrative matters, since COMELEC is also an
administrative body.

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Example: Questions concerning COMELECs choice of an appointee
to occupy a position.
2.10

JURISDICTION OF COMELEC IN DIVISION; EN BANC

Basis: Section 3 Article 9-C
COMELEC may sit en banc or in two divisions
Promulgate its own rules of procedure to expedite disposition
of election cases, including pre-proclamation controversies.
All election cases = heard and divided in Division; but if theres
an MR = en banc

COMELEC en banc DOES NOT have authority to hear and decide

election cases, including pre-proclamation controversies, in the
first instance (it belongs to a COMELEC Division). If it does, decision
= VOID!
Remember: en banc is for MRs only of divisions resolution!

Cases before a Division may only be entertained when the required

number of votes to reach a decision is obtained in the Division.
GR: All election cases, either directly filed with COMELEC or
appealed from boards of canvassers, the resolution of which requires
the exercise of quasi-judicial power, must first be heard by COMELEC
in Division; MR to Decision of such Division is resolved by COMELEC
en banc.
EX:
1. When what is involved in the case is purely administrative
Examples:
o Corrections of errors in the tabulation or tally of results by
the board of canvassers
o Correction of manifest errors by the board of canvassers
o The registration of voters
o Questions whether elections have been held or whether
certain returns were falsified therefore should be excluded
from the canvass
2. When the required number of votes to reach a Division decision is
not obtained (However, a 2-1 decision is valid)
3. Where petitioner invoked the jurisdiction of the COMELEC en banc,
participated in its proceedings and sought reliefs
4. Section 4, RA 7166: petitions for postponement or for declaration
of failure of elections

5.

2.11

2.12

When COMELEC en banc conducts preliminary investigation, by

virtue of its prosecutor power, deciding W/N there exists a probable
cause
JURISDICTION OVER PETITIONS FOR DISQUALIFICATION
COMELEC has NO jurisdiction: petitions for DQ of elective
barangay officials filed before the election. COMELEC merely has
appellate jurisdiction.
NB: It is the MTCs which has jurisdiction
COMELEC
HAS
jurisdiction:
municipal,
provincial,
city,
congressional, senatorial, vice-presidential, presidential filed before
elections.
If filed after elections: COMELEC has NO MORE jurisdiction
should DISMISS the petition for DQ.
o But, COMELEC may refer such matter to its Law Dept for
preliminary investigation. So, here's when COMELEC can alter
an after-elections case:
o Law Dept finds prima facie case of guilt
o Corresponding Information filed in appropriate court
o Winning candidate not yet proclaimed
o Complainant files a petition for suspension of proclamation
o Court may order suspension if evidence of guilt is strong
Section 6, RA 6646: The proclamation of a candidate sought to
be DQ is suspended ONLY if theres an order of the COMELEC
suspending the proclamation. So, the mere filing of petition for DQ
before the election is NOT a ground to suspend the proclamation of
the winning candidate. NO SUSPENSION ORDER = WINNING
CANDIDATE STILL THE WINNER.
VOTES REQUIRED IN ADJUDICATION OF ELECTION CASES
2-1 decision of a Division = VALID
NB: If COMELEC en banc has only 5 members, affirmation of 3
members of the 2-1 decision = VALID
If COMELEC en banc equally divided/no majority, case will be
reheard. If after rehearing, and still no decision is reached:
o In original actions action is DISMISSED.
o In appealed cases judgment/order appealed is AFFIRMED
o In all incidental matters petition/motion DENIED.
If at the time of promulgation of the decision, a Commissioner has
vacated his office, his vote is automatically withdrawn/cancelled.

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NB: Even if he expressed his intention before vacating (or dying),
what is important is the DATE OF PROMULGATION.
2.13

PETITIONS FOR REVIEW TO SUPREME COURT

GR: Decision/order/ruling of COMELEC en banc, in the exercise of
its quasi-judicial functions, may be brought to the SC on certiorari
(Rule 64 and 65) within 30 days from receipt of copy.

Possible life cycle of election cases

COMELEC
COMELEC
SC
Division
en banc
Petition
for
certiorari
of
COMELEC en banc/Division*
decision.
All election cases MR
of
including
pre- COMELEC
*Where Division has committed
proclamation
Division
GAD in issuing interlocutory
controversies.
decision
order relative to an action
pending before it and time is of
the essence to secure judicial
relief from SC

Although
according
to
Section
2(2)
of
Art
9-C,
Decisions/orders/rulings of COMELEC in contests involving elective
municipal and barangay officials shall be FINAL an UNAPPEALABLE,
it does NOT DIVEST SC of its authority to resolve questions of law
of such decisions, under Rule 65.

2.14
TO EXERCISE APPELLATE JURISDICTION AND TO ISSUE
WRITS

COMELEC has exclusive appellate jurisdiction over all contests

involving:
o Elective municipal officials decided by RTCs (trial courts with
general jurisdiction)
o Elective Baranagay officials decided by MTCs (trial courts of
limited jurisdiction)

COMELEC has authority to issue the extraordinary writs of

certiorari, prohibition and mandamus in aid of its appellate
jurisdiction.

2.15
TO EXERCISE LIMITED AUTHORITY REGARDING BARANGAY
ELECTIONS

The authority of COMELEC over Barangay officials is limited by law

to SUPERVISION.
o Why? COMELEC has jurisdiction over popular elections,
where the elected officials are determined through the will of
the electorate. In Barangay elections, the elected punong
barangay are voted upon by their respective members only.
2.16

TO DECIDE ALL QUESTIONS AFFECTING ELECTIONS

Basis: Section 3, Art 9-C:
o Power to decide, except those involving the right to vote, all
questions affecting elections, which includes:
Determination of the number and location of polling places
NB: this is not a general grant of discretion but a power to
act in accordance with the law.
Appointment of election officials and inspectors
Registration of voters

2.17
TO EXERCISE SUPREVISION AND CONTROL OVER ELECTIVE
OFFICIALS

Basis: Section 52(a), Omnibus Election Code

COMELEC exercises direct and immediate supervision and

control over:
o National officials
o Local officials
o Members of any national or local enforcement agency and
instrumentality required by law to perform duties relative to
the conduct of elections.

The power of direct supervision and control includes the power to

review, modify or set aside any act of such national and local
officials.
Example: COMELEC may relieve an officer/employee who violates
the election laws or fails to comply with its instructions and appoint
a substitute.

Such power includes the authority to initiate motu proprio (by

itself) such steps or actions as may be required by law.

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2.18
TO SUPREVISE AND CONTROL BOARDS OF ELECTION
INSPECTORS AND CANVASSERS

COMELEC exercises immediate supervision and control over the

boards of election inspectors and canvassers, and can require that
the latter perform their functions.

Includes the power to revise, reverse or set aside the action of the
boards.
NB: This is notwithstanding the fact that if such questions have not
been elevated to COMELEC Why? can initiate motu propio such
actions.
2.19
TO RELIEVE ELECTION INSPECTORS AND CANVASSERS AND
SUBSTITUTE THEM

Members of the boards of election inspectors and canvassers are

election officials any vacancy, temporary or permanent can be
filled only by COMELEC.

Power of supervision and control includes the power to relieve

(and appoint a substitute).
Example: Disobedience of Canvasser = Sisante ka boy!
2.20
TO SUSPEND OR ANNUL CANVASS AND PROCLAMATION
GR: COMELEC has the power to annul an illegal canvass (and an
illegal proclamation, as well as the authority to suspend the
canvass and proclamation of winning candidates.
EX: If such annulment/suspension was without notice or hearing.

A proclamation by the board of canvassers in defiance of

COMELECs suspension order is VOID.
2.21
TO ANNUL REGISTRY LIST OF VOTERS; DETERMINATION OF
RIGHT TO VOTE
Remember:
Questions which involve the right to vote Courts
Questions which DOES NOT involve right to vote
COMELEC

Questions of the right to vote: refers to the administration of

whether or not a person can exercise or is precluded from
exercising the right to suffrage.
Examples:
o Question of inclusion or exclusion from the list of voters

COMELEC has the power to decide administrative questions

concerning the registration of voters, which includes the

2.22

authority to annul illegal registry lists of voters. (This

doesnt involve a question of the right to vote)
Other Questions where COMELEC has jurisdiction:
o Power to exclude falsified, tampered, or coerced election
returns from certain polling places or political units
o Whether elections have been held
o Inquiry of COMELEC to the commission of election anomalies
by individuals
But once they find out who these individuals are, they cant
disqualify them from their right to vote.
TO REGISTER POLITICAL PARTIES; DECIDE LEADERSHIP
Basis: Section 2(5), Article 9-C
Power to register political parties
Power to require candidates to specify in their certificates of
candidacy their political party affiliation
Allow political parties to appoint watchers
Limit expenditures of political parties
Determine whether their registrations should be cancelled in
appropriate proceedings
The determination as to whether a party is a political party entitled
to registration is an EXCLUSIVE power of COMELEC.

2.23

TO INVESTIGATE AND PROSECUTE ELECTION OFFENSES

COMELEC has exclusive authority to investigate and prosecute
before the regular courts election offenses, whether committed by
public officers or private persons.
REASON: If they dont have this power, it would seriously impair
the effectiveness in achieving their goal of having fair and honest
elections.
NB: Election offenses committed by election officials in relation to their
office can ONLY investigated and prosecuted by COMELEC (and not by
the Ombudsman/Sandiganbayan/Courts).

COMELEC can conduct preliminary investigation (or deputize such

investigation) for election cases for the purpose of helping the
judge determine probable cause and for filing an Information.
But once the information has been filed, the control and
disposition of the case rests with the Judge and NOT with
COMELEC anymore.

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2.24

TO SUBPOENA AND TO GRANT IMMUNITY FROM SUIT

Basis: Section 26, RA 6646
COMELEC has authority to issue subpoena and grant immunity
from criminal prosecution.

2.25

TO PUNISH FOR CONTEMPT

COMELEC has the power to cite for contempt a person for
contemptuous acts (as stated in the ROC) and impose penalties.
Example: Any violation of any final and executory decision of
COMELEC
However, COMELEC can only punish for contempt when it is
exercising judicial or quasi-judicial functions.
If discharging administrative or ministerial functions = NO
AUTHORITY to punish for contempt.

2.26
TO MAKE ADJUSTMENTS IN REAPPPORTIONMENT OF
DISTRICTS

COMELEC has the power to make minor adjustments of the

reapportionment of districts.
But it does not have the power to transfer a municipality from
one congressional district to another it is a Legislative
prerogative.

COMELEC also has the power to adjust the number of members

apportioned to a province out of which a new province was created
or where the city, whose population has so increased, is
geographically located.
But such adjustment must not be made within 120 days before
the election.
2.27
TO
RECOMMEND
ADMINISTRATIVE
DISCIPLINARY
SANCTIONS

COMELEC may recommend disciplinary action against any officer

deputized by it to help in the enforcement of election laws, who
fails to comply with its instructions or violates any election laws.
But it must first conduct an administrative inquiry to ascertain
such act.
2.28

TO ACT AS BOARD OF CANVASSERS FOR SENATORS

Basis: Section 2, EO 144

Chairman and members of COMELEC en banc shall be the

National Board of Canvassers for the election of Senators. It
shall canvass all certificates of canvass coming from and
prepared by the district, provincial, and city boards of
canvassers.
Generally, such canvassing of votes is only a ministerial duty for
COMELEC. Questions of illegal/fraudulent voting are passed on to
another tribunal.
But where the election returns are OBVIOUSLY manufactured
(example: great excess of votes), COMELEC can exclude them
from the canvass.

2.29

TO ISSUE RULES AND REGULATIONS

Basis: Section 6, Article 9-A
Empowers COMELEC to issue rules and regulations
Basis: Section 52(c) Omnibus Election Code
Empowers COMELEC to issue rules and orders to implement
the provisions of the Code.
Basis: Section 30, RA 6646
Provides for the effectivity of regulations and orders of
COMELEC
o Takes effect on the 7 th day after their publication in the OG
or in at least 3 daily newspaper of general Circulation
o Orders and directives shall be personal delivered to all
parties concerned within 48 hours and takes effect
immediately upon receipt, unless a later date is expressly
specified.
CHAPTER III
ELIGIBILITY OF CANDIDATES
A. QUALIFICATIONS

3.30

QUALIFICATIONS FOR PRESIDENT AND VICE PRESIDENT

Requirements: (Sections 2 & 3, Art 7)
o Natural born citizen
o Registered voter
o Able to read and write
o At least 40 years old at day of election

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o

3.31

3.32

Resident at least 10 years immediately preceding such

election.

QUALIFICATIONS FOR MEMBERS OF CONGRESS

Senator: (Section 3, Article 6)
o Natural-born Citizen
o At least 35 years old at day of election
o Able to read and write
o Registered voter
o Resident at least 2 years immediately preceding election
House of Representatives: (Section 6, Article 6)
o Natural Born Citizen
o At least 25 years old at day of election
o Able to read and Write
o Resident at least 1 year immediately preceding
Party List representatives
o Same as House + A registered voter in the district he is to be
elected.
QUALIFICATIONS OF LOCAL OFFICIALS
Basis: Sections 39 & 40 of Local Govt Code (RA7160)
Section 39: Qualifications
o Citizen
o Registered voter in the barangay, municipality, city, province,
or in case of sangguniang panlalawigan/panlungsod/bayan, the
district where he intends to be elected
o Resident at least 1 year immediately preceding day of election
o Able to read and write Filipino and other local language or
dialect
Additional qualifications for Candidates:
At least 23 years old at election day
o Governor
o Vice-Governor
o Member of Sangguniang panlalawigan
o Mayor of highly urbanized cities
o Vice-Mayor of highly urbanized cities
o Members of Sangguniang Panlungsod of highly urbanized
cities
At least 21 years old at election day

Mayor of independent component cities, component cities,

municipalities
o Vice Mayor of independent component cities, component
cities, municipalities
At least 18 years old at election day
o Member of the Sangguniang panlungsod/bayan
o Punong Barangay
o Member of Sangguniang barangay
At least 15 years old but not more than 21 years old at
election day
o Sangguniang Kabataan
Section 40: Disqualifications
o Sentenced by Final Judgment for an offense involving moral
turpitude or for an offense punishable by 1 year or more of
imprisonment, within 2 years after serving sentence.
o Removed from office by an Administrative case
o Convicted of Final Judgment for violating oath of allegiance to
RP
o Dual Citizens
o Fugitives from justice in criminal/nonpolitical cases here/abroad
o Permanent resident in a foreign country or those who acquired
the right to reside abroad and continue to avail of the same
right after effectivity of this Code
o Insane or feeble-minded
o

3.33

AGE REQUIREMENT
The age requirement is mandatory. Even if elected, it will not
make the age requirement directory nor will it cure the invalidity.
*See previous notes on the age requirements of public Officials

3.34

CITIZENSHIP QUALIFICATION
Types of Citizenship:
o Natural Born by birth; without performing any act
o Naturalization underwent process/act of naturalization
Officials who must be Natural born
o President
o Vice President
o Members of Congress
Officials who need at least naturalization

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3.35

3.36

o Elective local officials

NB:
Citizenship
requirement
counted
from
time
of
proclamation/start of term
Who are deemed Citizens (Section 1, Article 4)
1. Citizens at the time of adoption of 87 Consti
2. Those whose fathers or mothers are citizens
3. Those born before Jan 17, 73 of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority
(deemed natural-born)
4. Those who are naturalized in accordance with law.
A Filipino citizen who lost his natural-born citizenship by
naturalization abroad may reacquire his Filipino citizenship by:
o Naturalization
o Repatriation by filing a petition for repatriation under PD
725. When granted, it retroacts to the filing of the petition.
NB: results to the recovery of the original nationality (NaturalbornLost itRepatriationNatural-born againcan run for
President).
o Direct act of Congress
DUAL ALLEGIENCE, AS GROUND FOR DISQUALIFICATION
Basis: Section 40, RA 7160
DQs from running for any elective local position those with
dual citizenship
NB: In this sense, dual citizenship = dual allegiance.
Therefore, persons with mere dual citizenship are not
prohibited.
Illegitimate Children of a Filipino mother + Common law Foreigner
dad = Filipino citizens
NB: recognition of Foreigner dad doesnt divest children of being
Pinoy + it is not of the grounds of losing such citizenship.
Illegitimate Children of Foreigner Mom + Filipino father who
recognizes the children as his own = Filipino citizens
DUAL CITIZENSHIP
Dual Citizenship Status of a person who is citizen of two or
more countries at the same time. Arises from the concurrent
application of different laws regarding a persons citizenship.
Instances dual citizenship happens:

Those born of Filipino mothers and/or fathers in foreign

countries which follow the principle of jus soli
o Those born in the Philippines of Filipino mothers and alien
fathers if the laws of their fathers country, such children are
citizens of that country
o Those who marry aliens, if by the laws of the latters country,
the former are considered citizens, unless by their act or
omission they are deemed to have renounced Philippine
citizenship.
Latest law on Dual Citizenship: RA 9225 - Citizenship Retention
and Re-acquisition Act of 2003
o

3.37 RESIDENCE REQUIREMENT

* aimed at preventing a stranger or newcomer unacquainted with the
conditions and needs of a community and not identified with the latter
from seeking an elective post to serve that community and at excluding
outsiders from taking advantage of favorable circumstances existing in
that community for electoral gain
RESIDENCE = DOMICILE

the individuals permanent home, a place to which, whenever

absent for business or for pleasure, one intends to return, and
depends on facts and circumstances in the sense that they disclose
intent.

Includes the twin elements of:

1) the fact of residing or physical presence in a fixed place; and
2) animus manendi, the intention of returning there permanently
3.38 CHANGE OF RESIDENCE
To acquire new domicile by choice, there must concur:
1) residence or bodily presence in the new locality
2) an intention to remain there
3) an intention to abandon the old domicile
There must be an animus manendi coupled with animus non revertendi.
Purpose to remain: must be for an indefinite period of time
Change of residence: must be voluntary
Residence at the place chosen for new domicile: must be actual
3.39 THREE TERM DISQUALIFICATION

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Section 8 of Article X of the Constitution and Section 43 of the Local
Government Code:
no local elective official shall serve for more than three consecutive
terms

Two requisites to come within the prohibition:

1) that the official concerned has been elected for three consecutive
terms in the same local government post
2) that he has fully served three consecutive terms

Election in Section 8, Article X of the Constitution:

refers to regular and not special or recall elections
3.40
LOCAL
OFFICIALS
ADMINISTRATIVELY
GUILTY
ARE
DISQUALIFIED
Rule: Removal cannot extend beyond the term during which the alleged
misconduct is committed. If a public official is not removed before his term
he can no longer be removed if he is thereafter reelected for another term.
3.41 A FUGITIVE FROM JUSTICE IS DISQUALIFIED
Section 40 of the Local Government Code
disqualifies a person from being a candidate for local elective office
who is a fugitive from justice
includes not only those who flee after conviction to avoid
punishment but likewise those who, after being charged in the
Philippines or abroad, flee to avoid prosecution.
FLIGHT

FUGITIVE FROM JUSTICE

the evasion of the course of justice by

voluntarily withdrawing oneself in order to
avoid arrest, detention, or the institution or
continuance of criminal proceedings

one who flees after conviction to avoid

punishment, as well as one who, after
being
charged,
flees
to
avoid
prosecution
not a fugitive from justice when, at the
time of departure from abroad to the
Philippines, there is yet no complaint
filed against him abroad.

considered an indication of guilt

B. CERTIFICATE OF CANDIDACY
3.42 CERTIFICATE REQUIRED

The law requires that no person shall be eligible for any elective
public office unless he files a sworn certificate of candidacy within
the period fixed herein.
May be withdrawn prior to the election by submitting to the office
concerned a 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 filing of COC, the
person who has 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.

CERTIFICATE OF CANDIDACY (COC)

a formal manifestation to the whole world of the candidates
political creed or lack of political creed
a statement of a person seeking to run for a public office certifying
that he announces his candidacy for the office mentioned and that
he is eligible for the office, the name of the political party to which
he belongs, if he belongs to any, and his post-office address for all
election purposes being as well-stated
provisions are mandatory but after elections, regarded as directory
only to give effect to the will of the electorate
may be amended before the elections, even after the date of the
filing
formal defects in a COC may not render the certificate invalid and
may be cured by amending the certificate of candidacy
3.43 CONTENTS OF CERTIFICATE OF CANDIDACY
Section 74 of the Omnibus Election Code provides what should be
stated in the COC:
The COC 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

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a foreign country; that the obligation imposed by his oath is assumed
voluntarily, without mental reservation or purpose of evasion; and the facts
stated in the COC are true to the best of his knowledge.
Unless a candidate has officially changed his name through a court
approved proceeding, a candidate shall use in a certificate of candidacy
the name by which he has been baptized, or if he 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 COC 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 COC 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.
Note: Defects in the COC should be questioned before the election; may
not be questioned after the election without invalidating the will of the
electorate, which should not be done.
3.44 SUBSTITUTION OF CANDIDACY
Section 77 of the Omnibus Election Code provides:
If after the last day for the filing of COC, 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 COC to replace the candidate who died, withdrew, or was
disqualified. The substitute candidate nominated by the political party
concerned may file his COC for the office affected in accordance with the
preceding sections not later than 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.
3.45 SUBSTITUTION OF CANDIDACY; SUSBTITUTE MUST BELONG TO
THE SAME PARTY

where the candidate of a registered political party dies, withdraws

or is disqualified by COMELEC, he can be substituted by a person

belonging to, and certified by, the same political party to replace
said candidate
no requirement that a substitute candidate must have been a
member of the party concerned for a certain period of time before
he can be nominated as such

3.46 WITHDRAWAL OF CERTIFICATE, REQUIRED FOR SUBMISSION

a COC may, prior to the election, be withdrawn by the same person

submitting to the office concerned a written declaration under oath

GR: if not under oath not a valid withdrawal and produces no

legal effect; there is no withdrawal and he remains a candidate

EX: when the withdrawal, which is not under oath, is actually made
and accepted by the election registrar, as a result of which a
substitute candidate files his certificate of candidacy in his place
and receives the winning number of votes

Withdrawal effective upon submission to the office concerned

Substitution the withdrawal must be effected after the last day

for the filing of COC. If withdrawal is made on the last day for filing
the certificate, substitution is not allowed except when the
withdrawal is filed on the last hour of the last day for filing of
candidacy because for all intents and purposes such withdrawal
has been substantially made after the last day.

SUBSTITUTE one who takes the place of another who is no longer

a candidate, otherwise the former would be an additional, not a
substitute candidate.
3.47 VALID CERTIFICATE OF CANDIDATE SUBSTITUTED IS REQUIRED
Sect 77 of OEC: Substitution of a candidate may be permitted where the
requisites thereof are complied with (e.g. the candidate to be substituted
by another must have a valid COC duly filed with the COMELEC, and a
candidate whose COC has been denied due course and cancelled under
Sect 78 of the OEC is not a candidate at all, who can be validly substituted
by another).
C. PETITION FOR DISQUALIFICATION
3.48 ELECTION DISPUTES, GENERALLY
Classification:
1.
Disputes filed against the erring candidate before the
election, such as a petition for disqualification, a petition to declare a

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2.

3.

candidate a nuisance candidate and a petition to deny due course or

cancel the COC (pre-election disputes).
Pre-proclamation controversies, which arise under Sect
233, 234, and 236 of the OEC and filed with the COMELEC before
proclamation
Post election disputes such as election protest, quo
warranto, and prosecution for an election offense, either of which
may result in the removal of the winning candidate.

3.49 GROUNDS FOR DISQUALIFICATIONS

Sect 68 of OEC: Guilty of
a) Giving money or other material consideration to influence, induce,
or corrupt the voters or public officials performing electoral
functions;
b) Committed acts of terrorism to enhance his candidacy
c) Spent in his election campaign an amount in excess of that allowed
by this Code;
d) Solicited, received or made any contribution prohibited under Sect
89, 95, 96, 97, amd 104
e) Violated any of Section 80, 83, 85, 86, and 261
3.50 OTHER GROUNDS FOR DISQUALIFICATION
Sect 12 of OEC:
a. insane or incompetent
b. sentenced by final judgment for subversion, insurrection, rebellion
or for any offense for which he has been sentenced to a penalty of
more than 18 months or for a crime involving moral turpitude
3.51 WHEN TO FILE PETITION; ITS PURPOSE
Rule 25 - Disqualification of Candidates
Section 1. Grounds for Disqualification. - Any candidate who does not
possess all the qualifications of a candidate as provided for by the
Constitution or by existing law or who commits any act declared by law to
be grounds for disqualification may be disqualified from continuing as a
candidate.
Sec. 2. Who May File Petition for Disqualification. - Any citizen of voting
age, or duly registered political party, organization or coalition of political
parties may file with the Law Department of the Commission a petition to
disqualify a candidate on grounds provided by law.

Sec. 3. Period to File Petition. - The petition shall be filed any day after the
last day for filing of certificates of candidacy but not later than the date of
proclamation.
Sec. 4. Summary Proceeding. - The petition shall be heard summarily after
due notice.
Sec. 5. Effect of Petition if Unresolved Before Completion of Canvass. - If
the petition, for reasons beyond the control of the Commission, cannot be
decided before the completion of the canvass, the votes cast for the
respondent may be included in the counting and in the canvassing;
however, if the evidence of guilt is strong, his proclamation shall be
suspended notwithstanding the fact that he received the winning number
of votes in such election.
Purpose of Disqualification to prevent the candidate from running, or if
elected, from serving, or to prosecute him for violation of the election laws,
for any of the grounds specified therein.
2 Aspects:
1) ADMINISTRATIVE requires only preponderance of evidence to prove
disqualification
2. CRIMINAL requires proof beyond reasonable doubt
3.52 WHERE CANDIDATE IS A SENATORIAL OR CONGRESSIONAL
CANDIDATE

where the candidate involved is a senatorial or congressional

candidate, the petition filed before the election to disqualify him on
the ground of lack of any qualifications of for violation of an
election offense under Sect 68 of the Code remains viable even
after the election provided that there is yet no proclamation, and
the COMELEC retains jurisdiction to continue to hear and finally
resolve it

Exception: when proclamation is null and void

electoral tribunal assumes jurisdiction as sole judge of all issues

pertaining to the election, returns and qualifications of members of
Congress only when the candidate has been duly proclaimed or
has become a member thereof.
3.52. WHERE CANDIDATE IS A SENATORIAL OR CONGRESSIONAL
CANDIDATE

The petition filed before the election to disqualify him on the

ground of lack of qualifications or for violation of an election

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offense remains viable even after proclamation, provided there is

yet NO proclamation
COMELEC retains jurisdiction to continue to hear and finally resolve
it until the candidate has duly been proclaimed
After proclamation, more so if he has taken oath and assumed
office, COMELEC or the SC where case is pending at the time is
divested jurisdiction
Losing partys remedy is to file with the electoral tribunal a petition
for quo warranto based on winners ineligibility or an election
protest based on election fraud and irregularities
Exception: COMELEC still retains jurisdiction even after
proclamation and assumption when the proclamation itself is null
and void
Antonio v COMELEC: SC rejected argument that the proclamation
of the congressional candidate divested COMELEC of jurisdiction to
declare the nullity of proclamation
Codilla v. de Venecia: A petition to disqualify Codilla from running
as congressman was filed against him before the election for
indirect solicitation of votes. The petition was not decided by
COMELEC before the election. Codilla was voted for and obtained
the highest number of votes. After election and before
proclamation of Codilla, the 2nd division of COMELEC ordered
suspension of proclamation and granted disqualification petition
and directed the board of canvassers to proclaim Codillas
opponent Mrs. Locsin as the winning candidate. Codilla filed an MR
which the COMELEC en banc granted, nullified proclamation of
Locsin and ordered his proclamation. The House of Rep refused to
recognize him as Congressman on the ground that the
proclamation and assumption of Locsin divested COMELEC en banc
of jurisdiction to set aside the decision of COMELEC 2 nd division. SC
rejected argument of the House, nullified Locsins proclamation and
ordered the Speaker of the House to administer oath to Codilla.
Doctrine: In a democracy, he who has been rejected by the people
cannot represent the people.

3.53. DUE PROCESS REQUIREMENT

The Commission cannot disqualify a candidate without hearing and

affording him opportunity to adduce evidence to support his side,
otherwise disqualification null and void

There should be a full-dress hearing where all interested parties

should be impleaded
o Where COMELEC issued a resolution disqualifying a winning
candidate based merely on pleadings, without affording the
candidate opportunity to be heard, constitutes a violation
of due process
However, where the parties agreed to submit the petition for
disqualification for resolution on the basis of the pleadings and
affidavits, Commissions decision without hearing does not violate
due process
o Acts of terrorism are grounds for disqualification

3.54. EFFECTS OF DISQUALIFICATION CASES

Section 6. Effect of Disqualification Case. - Any candidate who has

been declared by final judgment to be disqualified shall not be
voted for, and the votes cast for him shall not be counted. If for
any reason a candidate is not declared by final judgment before an
election to be disqualified and he is voted for and receives the
winning number of votes in such election, the Court or Commission
shall continue with the trial and hearing upon motion of the
complainant, may during the pendency thereof order the
suspension of the proclamation of such candidate whenever the
evidence of his guilt is strong

The judgment rendered by COMELEC before the election

disqualifying the candidate for any violation in Sec. 68, and where
there are only two candidates for the position, the disqualified
candidate is considered not a candidate at all and votes cast in his
favor shall not be counted, making the other candidate the winner

However, if the petition for disqualification of a candidate is not

decided before the election, or even if decided, the decision
has not become final before the election, votes cast for said
candidate are counted and if he obtains winning votes, he is
entitled to be proclaimed
o Sec 6 of RA 6646: The proclamation of the candidate to be
disqualified is suspended only IF there is an order of the
COMELEC suspending the proclamation

Due process requires that the winning candidate be given notice

and opportunity to be heard, before his proclamation is suspended

If the elective position is a local position, the disqualification can

continue until the case is finally decided

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The proclamation and assumption of office of a candidate
against whom a petition for disqualification is pending
before the COMELEC does not divest him of his right to due
process
If the candidate sought to be disqualified is a congressional or
senatorial candidate, the rule is that his proclamation and
assumption of office divest the COMELEC of jurisdiction to continue
to hear the disqualification case
o The remedy of the losing candidate is either a petition for
quo warranto or an election protest filed within ten (10)
days from proclamation
o This is premised on the assumption that the proclamation
is valid
The disqualification of a candidate in a particular election cannot
extend to the next succeeding election
o If a public official is not removed before his term of office
expires, he can no longer be removed if he is reelected for
another term
o

3.55. WINNING CANDIDATE ENTITLED TO BE PROCLAIMED

The law enjoins the Commission and the courts to decide

disqualification cases speedily as possible (final judgment shall be
rendered not later than seven (7) days before the election

However, if for any reason a candidate is not declared before

election to be disqualified and he is voted for and receives the
winning number of votes, this shall not prevent his proclamation
and assumption to office
o The mere pendency of a disqualification case against a
candidate does not justify the suspension of his
proclamation after winning in the election
o Doctrine: To hold otherwise would unduly encourage the
filing of even an entirely baseless petition for
disqualification to effect the suspension of the
proclamation of the winning candidate

A disqualified candidate is no candidate at all in the eyes of the law

and his having received the highest number of votes does not
validate his election

His ouster from office does not violate the principle of vox populi
sumprema est lex because the application of the provisions on
disqualification is not a matter of popularity

3.56. CANDIDATE WHO PLACED SECOND IS NOT ENTITLED TO BE

DECLARED ELECTED

The law only authorizes a declaration of election in favor of the

person who has obtained a plurality of votes and does not entitle
the candidate receiving the next highest number of votes to be
elected

Not even the Court has authority under the law to impose and
compel the people to accept a loser as their representative or
political leader

The candidate who obtains the second highest of votes may not be
proclaimed winner in case the winning candidate is disqualified
o In every election, the peoples choice is the paramount
consideration and their express will must, at all times, be
given effect

The reason why second placer cannot be declared elected is that

votes cast in favor of a candidate who obtained highest number of
votes, against whom a petition for disqualification was filed before
the election and decided only after the election, are presumed to
have been cast in the belief that he is qualified

The votes for a candidate who has been disqualified by final

judgment before the election, fall under the category of invalid or
inexistent votes because a disqualified candidate is no candidate
at all

In cases involving elective local officials, in the event the winning

candidate is finally disqualified, the provision of the Local
Government Code on succession will apply
o Where law of succession does not apply, (ex. members of
Congress), the effect of disqualification of the winning
candidate is a failure of election, that is, no one is elected
D. PETITION TO DECLARE NUISANCE CANDIDATE
3.57. NUISANCE CANDIDATES

Sec. 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

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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.
Nuisance candidate is one whose certificate of candidacy is
presented and filed to cause confusion among the electorate by
the similarity of the names of the registered candidates
o Where a candidate having the same surname as that of
another against whom a petition to declare him a nuisance
candidate has been filed, has been proclaimed, the petition
has become moot and academic

3.58. PROCEDURE TO DECLARE A NUISANCE CANDIDATE

Rule 24 of the COMELEC Rules of Procedure:
Section 1. Grounds. - Any candidate for any elective office who filed his
certificate of candidacy 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 who by other acts or circumstances is clearly
demonstrated to have no bona fide intention to run for the office for which
the certificate of candidacy has been filed, thus preventing a faithful
determination of the true will of the electorate, may be declared a
nuisance candidate and his certificate of candidacy may be denied due
course or may be cancelled.
Sec. 2. Who May File Petition to Declare a Candidate as Nuisance
Candidate. - Any registered candidate for the same elective office may file
with the Law Department of the Commission a petition to declare a
candidate as a nuisance candidate.
The Commission may, at any time before the election, motu proprio refuse
to give due course to or cancel a Certificate of Candidacy of any candidate
on any of the grounds enumerated under Section 1 of this Rule or when the
substitute Certificate of Candidacy is not a proper case of substitution
under Section 77 of the Omnibus Election Code.
Sec. 3. Period to File the Petition. - The petition shall be filed personally or
through an authorized representative, within five (5) days from the last day
for the filing of certificates of candidacy.
Sec. 4. Summary Proceeding. - The petition shall be heard summarily after
due notice.
Sec. 5. Delegation of Reception of Evidence. - The hearing and reception of
evidence may be delegated in like manner as provided in Sec. 4 of the
preceding Rule.
E. PETITION TO CANCEL CANDIDACY

3.59. PETITION TO DENY DUE COURSE TO CANDIDACY

Sec. 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 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 twentyfive 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.

The material misrepresentation refers to the qualifications for

elective office (false statement in the certificate of candidacy as to
age, residency, citizenship, being a registered voter, and other
legal qualifications)

A false misrepresentation must consist of a deliberate attempt to

mislead, misinform, or hide a fact which would otherwise render a
candidate ineligible

It must be made with an intention to deceive the electorate as to

ones qualifications for public office
* These two requirements must concur to warrant cancellation of
the COC
3.60. REMEDY AGAINST AN INELIGIBLE CANDIDATE

A candidate may be prevented from running for an elective

position either because he is ineligible or he is disqualified

The remedy before the election is to file petition for cancellation of

his certificate of candidacy

If such petition is not finally decided before the election, the

COMELEC is not divested of jurisdiction to continue to hear and
decide it to conclusion, and to restrain proclamation if there is
strong evidence of ineligibility

For local elective position: subsequent proclamation and

assumption does not divest COMELEC of jurisdiction to decide
petition and nullify proclamation

Congressional candidate: remedies of the losing party

o Petition for disqualification and move for issuance of an
order by COMELEC suspending the proclamation of the
winning candidate pending petition and, in event motion is
denied before proclamation, file petition for certiorari in the
SC with a prayer for TRO to enjoin proclamation

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o

Petition for quo warranto in the House Electoral Tribunal

within ten (10) days after proclamation

If neither of these remedies is availed of, he loses

all remedies

3.61. GROUNDS THEREOF

The COMELEC upon proper petition, may cancel a COC on the

ground that any material representation is false

In order to justify cancellation, it is essential that the false

representation pertains to material matter affecting substantive
rights of a candidate (right to run)

The false representation must consist of deliberate attempt to

mislead, misinform, or hide a fact which would otherwise render a
candidate ineligible

The fact that in the petition to cancel, the question of material

representation has not been raised did not preclude the
Commission from resolving such questions where candidate
involved did not object the presentation of evidence

Patent defects shown in the face of the COC may also be

questioned before but not after election

A petition to cancel COC may be filed on the ground that the

candidate lacks any of the required qualification for office

A COC which is filed beyond the prescribed period may be

cancelled upon proper petition filed before the election

Votes for a person who has no valid COC are stray votes and the
candidate who obtained the next highest number of votes may be
declared elected

The verified COC usually contains the statement that the candidate
has all the qualifications and none of the disqualifications provided
by law

Where a candidate has received popular mandate, clearly

expressed, all doubts should be resolved in favor of the candidates
eligibility

The determination of the true will of the electorate should be

paramount. This is the essence of democracy.
3.62. PROCEDURE AND PERIOD TO FILE PETITION QUESTIONING
QUALIFICATIONS
Rule 23 of the COMELEC Rules of Procedure:

Section 1. Grounds for Denial of Certificate of Candidacy. - A petition to

deny due course to or cancel a certificate of candidacy for any elective
office may be filed with the Law Department of the Commission by any
citizen of voting age or a duly registered political party, organization, or
coalition or political parties on the exclusive ground that any material
representation contained therein as required by law is false.
Sec. 2. Period to File Petition. - The petition must be filed within five (5)
days following the last day for the filing of certificate of candidacy.
Sec. 3. Summary Proceeding. - The petition shall be heard summarily after
due notice.
Sec. 4. Delegation of Reception of Evidence. - The Commission may
designate any of its officials who are members of the Philippine Bar to hear
the case and to receive evidence.

Sec 7 of RA 6646 provides that the procedure laid down for

declaration of a candidate as a nuisance candidate applies to
petition to deny or cancel COC

A petition to deny or cancel COC filed beyond required period is

filed out of time and may not be entertained

After the election, the remedy is a petition for quo warranto filed
after proclamation with the Commission within ten days after
proclamation

A petition for quo warranto must be file within the stated period,
otherwise it will not be entertained
o However, where the ground alleged is that the candidate or
the elected official is a foreigner, the petition may be filed
even after said period

The petition to deny or cancel a COC and a petition for quo

warranto are similar
o The only difference is that under Section 78, the
qualifications for elective office are misrepresentation in
the COC and the proceedings must be initiated before the
elections
o Whereas, a petition for quo warranto under Section 253
may be brought on the basis of two grounds
1. Ineligibility
2. Disloyalty to the Republic of the Philippines

A candidate is ineligible if he is disqualified to be elected to office,

and he is disqualified if he lacks any of the qualifications for
elective office

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