Beruflich Dokumente
Kultur Dokumente
I. Significant Laws
BP 881 Omnibus Election Code
RA 6646 Electoral Reform Law of 1987
RA 7166
RA9006 Fair Election Act
RA 9189 Absentee Voters Act of 2003
Art. V, Sec. 1 Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of
age and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote for at least six months
preceding the election. No literacy, property or other substantive requirement shall be imposed on the exercise of suffrage.
Held:
A disqualified candidate may only be
substituted if he had a valid certificate of
candidacy in the first place because, if the
disqualified candidate did not have a valid and
seasonably filed certificate of candidacy, he is
and was not a candidate at all. If a person was
not a candidate, he cannot be substituted
under Section 77 of the Code. Besides, if we
were to allow the so-called substitute to file
a new and original certificate of
candidacy beyond the period for the filing
thereof, it would be a crystalline case of
unequal protection of the law, an act abhorred
by our Constitution.
Disqualification Cases
Sec. 68. Disqualifications. - 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 found by the
Commission of having (a) given 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
Sections 89, 95, 96, 97 and 104; or (e) violated
any of Sections 80, 83, 85, 86 and 261,
paragraphs d, e, k, v, and cc, subparagraph 6,
shall be disqualified from continuing as a
candidate, or if he has been elected, from
holding the office. Any person who is a
permanent resident of or an immigrant to a
foreign country shall not be qualified to run for
HELD:
There can be no absentee voting if the absentee voters are required to physically reside in the Philippines within the period required for
non-absentee voters. Further, as understood in election laws, domicile and resident are interchangeably used. Hence, one is a resident of
his domicile (insofar as election laws is concerned). The domicile is the place where one has the intention to return to. Thus, an immigrant
who executes an affidavit stating his intent to return to the Philippines is considered a resident of the Philippines for purposes of being
qualified as a voter (absentee voter to be exact). If the immigrant does not execute the affidavit then he is not qualified as an absentee
voter.
The said provision should be harmonized. It could not be the intention of Congress to allow COMELEC to include the proclamation of the
winners in the vice-presidential and presidential race. To interpret it that way would mean that Congress allowed COMELEC to usurp its
power. The canvassing and proclamation of the presidential and vice presidential elections is still lodged in Congress and was in no way
transferred to the COMELEC by virtue of RA 9189.
Under the ABSENTEE VOTERS ACT OF 2003, overseas absentee voters are allowed to vote for President, Vice-President, Senators and
Party- List representatives. This is a clear intent to enfranchise Filipinos abroad, to allow them to have a voice in the selection of our
leaders. This refers to IMMIGRANTS and those who acquire the right to reside therein. It does not pertain to NATURALIZED CITIZENS.
However, there must be an affidavit executed by these Filipinos abroad that they will return and resume residence in the Philippines within
3 years.
This is an exception to residence qualification
For purposes of election law, ones domicile is that to which the
Constitution refers when it speaks of residence.
Failure of Elections
Sec. 6. Failure of election. - If, on account of force majeure, violence, ART. VII, Sec 4, Par 7
terrorism, fraud, or other analogous causes the election in any polling The Supreme Court, sitting en banc, shall be the sole judge of all
place has not been held on the date fixed, or had been suspended contests relating to the election, returns, and qualifications of the
before the hour fixed by law for the closing of the voting, or after the President or Vice-President, and may promulgate its rules for the
voting and during the preparation and the transmission of the election purpose.
returns or in the custody or canvass thereof, such election results in a
failure to elect, and in any of such cases the failure or suspension of ART. IX(C), Sec 2, Par 2
election would affect the result of the election, the Commission shall, on (2) Exercise exclusive original jurisdiction over all contests relating to the
Petitioner Loong sought the dismissal of the petition on the ground that
the respondent COMELEC has no jurisdiction. The motion to dismiss
was denied by the COMELEC in a resolution which is the subject of this
petition.
Issue: Whether or not SPA No. 90-006 was filed within the period
prescribed by law.
Held: No. The petition filed by private respondent Ututalum with the
respondent COMELEC to disqualify petitioner Loong on the ground that
the latter made a false representation in his certificate of candidacy as
to his age, clearly does not fall under the grounds of disqualification as
provided for in Rule 25 but is expressly covered by Rule 23 of the
Comelec Rules of Procedure governing petitions to cancel certificate of
candidacy. Moreover, Section 3, Rule 25 which allows the filing of the
petition at any time after the last day for the filing of certificates of
candidacy but not later than the date of proclamation, is merely a
procedural rule issued by respondent Commission which, although a
constitutional body, has no legislative powers. Thus, it can not
supersede Section 78 of the Omnibus Election Code which is a
legislative enactment.
Tecson v. Comelec
Facts:
Petitioners sought for respondent Poes disqualification in the
presidential elections for having allegedly misrepresented material facts
in his (Poes) certificate of candidacy by claiming that he is a natural
Filipino citizen despite his parents both being foreigners. Comelec
dismissed the petition, holding that Poe was a Filipino Citizen.
Petitioners assail the jurisdiction of the Comelec, contending that only
the Supreme Court may resolve the basic issue on the case under
Article VII, Section 4, paragraph 7, of the 1987 Constitution.
Issue:
Whether or not it is the Supreme Court which had jurisdiction.
Whether or not Comelec committed grave abuse of discretion in holding
that Poe was a Filipino citizen.
Ruling:
[if !supportLists]1.) [endif]The Supreme Court had no jurisdiction on
But while the totality of the evidence may not establish conclusively that
respondent FPJ is a natural-born citizen of the Philippines, the
evidence on hand still would preponderate in his favor enough to hold
Congressm
Criteria Pres VP Senator an
Citizenship Natural-Born Citizen
Literacy Able to read and write
Suffrage Registered Voter
Age 40 yrs old 35 yrs old 25 yrs old
at the day of election
Residence 10 yrs 2 yrs 1 yr
Within the Philippines in district
at the day of election
Art. IX-C, Section 9. Unless otherwise fixed by the Commission in special cases, the election period shall commence ninety days before the day of
election and shall end thirty days thereafter.
Campaign Period: General Rule: Begins after the period for filing of Certificate of Candidacy until the day of election.
Sec. 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.
Sec. 3. Election and campaign periods. - Unless otherwise fixed in special cases by the Commission on Elections, which hereinafter shall be
referred to as the Commission, the election period shall commence ninety days before the day of the election and shall end thirty days thereafter.
Q: Even if you possess all qualifications and none of the disqualifications. If you fail to register you will not be able/ allowed to vote. Is registration
then an additional qualification of a voter?
A: No. It is merely a condition precedent for the exercise of the right of suffrage. Registration laws are police power measures designed to ensure
that only those who possess qualifications and none of the disqualifications can be allowed to exercise the right of suffrage. They are for the
purpose of conducting an honest and free election.
Art. IX-C, Sec. 2(5) Par. 2 Financial contributions from foreign governments and their agencies to political parties, organization, coalitions, or
candidates related to elections constitute interference in national affairs, and when accepted, shall be an additional ground for the cancellation of
their registration with the Commission, in addition to their penalties that may be prescribed by law.
This constitute an election offense in accordance to Section 81, Omnibus election Code Intervention of foreigners- it shall be unlawful for any
foreigners, whether judicial (juridical) or natural person, to aid any candidate or political party, directly or indirectly, or to take part in or influence in
any manner any election, or to contribute or make any expenditure in connection with any election campaign or partisan political activity.
X. ELECTION CAMPAIGN
Election Campaign and partisan political activity are the same. They are used interchangeably.
Under Sec. 79 (b) Omnibus Election Code, it refers to an act designed to promote the election or defeat of a particular candidate or candidates to
a public office xxx Section 80, Omnibus Election Code 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 30 days before the commencement of the campaign period and 45 days for
Presidential and Vice-Presidential election.
GENERAL RULE: It is unlawful for any person to engage in an election campaign except during the campaign period. Otherwise, it will be an
election offense.
EXCEPTION: Political parties may hold political conventions to nominate their candidates within 30 days before the commencement of the
campaign period within 45 days for President and Vice-President elections. CANDIDATE
Sec. 79(a) Omnibus Election Code the term CANDIDATE refers to any person aspiring for or seeking an elective public office, who has filed a
certificate of candidacy by himself of through an accredited political party, aggroupment, or coalition of parties.
Q: Does Pichays as itanim sa senado even before the elections and campaign period violate Sec. 80 of the OEC?
A: No. At that time, Pichay has not yet filed his certificate of candidacy. He is not yet a candidate within the meaning of the law. Therefore, it cannot
be considered as an election campaign.
Sec.76. Omnibus Election Code 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.
Q: Ka Roger went to Laguna to file COC. The election officer refused because he seeks to achieve goals through violence. Valid?
A: No. It is the ministerial duty on the part of the election official to receive and acknowledge receipt of the certificate of candidacy. The question of
whether or not a person is disqualified belongs to another tribunal in an appropriate disqualification case.
PERIOD
Sec. 73, 1st sentence, OEC No person shall be eligible for any elective public office unless he files a sworn certificate of candidacy within the
period fixed herein xxx
The certificate of candidacy must be filed within the period prescribed by law. Late filing not allowed
Sec. 73, 3rd sentence, OEC 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 xxx
The certificate of candidacy must be filed for only one office in an election. If a candidate files his certificate of candidacy for more than one office,
he shall not be eligible for any of them.
XII. WITHDRAWAL
Q: Can you withdraw the certificate of candidacy?
A: Yes. 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. (Sec. 73, 2nd sentence, OEC)
>>MONSALE v. NICO<<
On the last day of filing of certificate of candidacy. March 31, Jose Monsale withdrew his certificate of candidacy. April 1, campaign started. On April
2, he wanted to run again so he filed a written declaration withdrawing his withdrawal.
HELD: The withdrawal of the withdrawal of the certificate of candidacy made after the last day of filing is considered as filing of a new certificate of
candidacy. Hence, it was not allowed since it was filed out of time.
Q: X, a municipal treasurer filed a certificate of candidacy for governor. What is the effect?
A: He is considered ipso facto resigned.
Q: Is there a need to resign?
A: NO! The appointive official is ipso facto resigned. Ipso facto means no need to resign.
Q: What if after filing, the appointive official withdrew his certificate of candidacy. Can he be reinstated to his former position?
Elective Officials
Sec. 67, OEC Candidates holding elective office xxx has already been repealed by the Repealing Clause of the Fair Election Act under Sec. 14,
RA 9006 Repealing Clause. Sec 67 and 85 0f the EOC xxx are hereby repealed.
Section 77. OEC 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.
>>MIRANDA v. ABAYA<<
FACTS: In the 1998 election, mayor Miranda of Isabela, already served 8 consecutive terms, yet he still filed a certificate of candidacy. As a result,
Abaya filed a disqualification case. COMELEC then disqualified Miranda and cancelled his certificate of candidacy. The son of Miranda, Joel, upon
nomination of their political party, filed a certificate as a substitute. Joel Miranda won.
HELD: There was no valid substitution. COMELEC did not only disqualify Miranda but also cancelled his certificate of candidacy. Therefore, he
cannot be validly substituted. It is as if he was not a candidate. Even on the most basic and fundamental principles, it is already understood that the
concept of a substitute presupposes the existence of the person to be substituted, for how can a person take the place of somebody who does not
exist or who never was. The court has no other choice but to rule that in all instances enumerated in Sec.77 of the OEC, the existence of a valid
certificate of candidacy seasonably filed is a requisite sine quo non. All told, a disqualified candidate may only be substituted if he had a valid
certificate of candidacy in the first place because if the disqualified candidate did not have a valid and seasonably filed COC, he is and was not a
candidate at all. If a person was not a candidate, he cannot be substituted under Sec. 77 of the OEC. The purpose of the law in requiring the filing of
the COC and in fixing the time limit therefore are: (a) To enable the voters to know at least 60 days before the regular election, the candidates
among whom they are to make the choice and (b) To avoid confusion and inconvenience in the tabulation of the votes cast.
Q: Considering that Joel possesses all the qualifications, can he be considered as a candidate in his own right?
A: No. The certificate of candidacy was filed long after the last day of filing (Sec. 73, OEC) The existence of a certificate of candidacy is a condition
sine qua non under Section 77.
Q: Since there was no valid substitution, should the candidate who obtained the second highest vote be proclaimed?
A: No. Under the doctrine on the rejection of second placer, the second placer is just like that second placer. He was not the choice of the
electorate. The wreath (crown) of victory cannot be transferred to the repudiated loser. (Cayat v. COMELEC citing Butch Aquino v. COMELEC and
Sunga v. COMELEC)
Q: Who will now assume the position of mayorship?
A: Following the rule on succession, it is the Vice-Mayor.
>>LABO DOCTRINE<<
The thrust is what to do with the votes cast for a disqualified candidate. Should they be considered as stray votes?
SC: No! That would disenfranchise the majority. The votes cast for the disqualified are not stray votes they are valid votes only that the candidate
was later on found to be disqualified. It would have been different if his disqualification was so apparent, so notorious, so much so that the people,
notwithstanding that they knew him to be disqualified, they still voted for him in which case the votes cast for him shall be considered as protest
>>CAYAT v. COMELEC<<
FACTS: Rev. Fr. Nardo Cayat ran for Mayor. Palileng, his opponent, found out that Cayat, before the elections, was previously convicted of acts of
lasciviousness although he was granted probation. His candidacy was then questioned in a disqualification case invoking Section 40 pf the LGC.
(Disqualification The following persons are disqualified from running for any elective local position: (a) those sentenced by final judgment for an
offense involving moral turpitude or for an offense punishable by one (1) year or more of imprisonment, within (2) years after serving sentence ; xxx)
COMELEC disqualified Cayat on the ground of conviction of an offense involving moral turpitude. However, Cayat alleged that he did not receive a
copy of the judgment. That decision disqualifying Cayat became final even 2 weeks before the election. Still, Cayat won in the election. Palileng
claimed that since Cayat is disqualified, he should be the one proclaimed.
HELD: The Court agreed and did not apply the doctrine of the rejection of the second placer. The one who obtained the second highest number of
votes was the one actually proclaimed. This is very peculiar because here, there is only one candidate. Since Cayat was disqualified, it is as if he is
not a candidate. Hence, there is no second placer here. The doctrine of the rejection of second placer is not applicable because of Sec.6 of RA
6646 Also, under Section 6, RA 6646 (Electoral Reform Law of 1987 Effect of disqualification) which contemplates of 2 situations, it is the 1st
sentence which applies to Cayat. He was declared by final judgment, to be disqualified because the decision attained finality even 2 weeks before
the election. He shall therefore not be voted for and the votes cast for him shall not be counted. The second sentence contemplates that there was a
disqualification case filed before the COMELEC but for whatever reason, COMELEC was not able to render a decision before the election and such
candidate won in the election, in which case, the court or Commission shall continue with the trial and hearing of the election, inquiry or protest.
Any person who is a permanent resident of or an immigrant to a foreign country shall not be qualified to run for any elective office under this Code,
unless said person has waived his status as permanent resident or immigrant of a foreign country in accordance with the residence requirement
provided for in the election laws. Violation of election laws is without prejudice to the filing of criminal action.
(2) Section 69, OEC 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 the candidate is a nuisance candidate.
Q: Who is NUISANCE CANDIDATE?
A: A nuisance candidate is a candidate who has no bona fide intention to run, his purpose is merely 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
intended to prevent a faithful determination of the true will of the electorate. (Bautista v. COMELEC)
(3) Section 78, OEC 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. Xxx
>>LOONG v. COMELEC<<
FACTS: Loong was a candidate for Vice-Governor in ARMM. There was an election held but there was yet no proclamation. Eventually, it was found
out that Loong was still underage. Can the petition to disqualify Loong on the ground of material misrepresentation prosper?
HELD: No. The petition was filed out of time. The disqualification case under Sec. 78 should be filed within 25 days from the date the candidate who
made the misrepresentation filed his certificate of candidacy, not on the date of discovery. The 25-day period is mandatory.
Q: What then is the remedy?
A: There is a GAP in the law, which must be addressed by Congress.
>>SALCEDO v. COMLELEC<<
HELD: Material misrepresentation refers to the QUALIFICATIONS of the elective official for the elective office and NOT to any innocuous mistake.
There must be a deliberate intent to deceive the people to ones qualification for public office.
>>TECSON v. COMELEC<<
FACTS: A disqualification case was filed against FPJ in accordance with Sec. 78 on the ground of material representation as to the citizenship.
HELD: There was no material misrepresentation. The misrepresentation must not only be material. There must also be a deliberate intent to mislead
or deceive as to ones qualification to public office.
>>ROMUALDEZ-MARCOS v. COMELEC<<
There was yet no proclamation, hence not yet a member of the HOR. COMELEC still has jurisdictom
>>GUERRERO v. COMELEC<<
Farias was elected, proclaimed and took his oath. The COMELEC ousted itself of jurisdiction. SC upheld COMELEC. It was recognition of the
The idea is that in case of lost return, they can refer to the other copies.
Number of votes written in words and number
Section 241, OEC 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.
Section 242, OEC Commission's exclusive jurisdiction of all preproclamation controversies. - The Commission shall have exclusive jurisdiction of
all pre-proclamation controversies. It may motu proprio or upon written petition, and after due notice and hearing, order the partial or total
suspension of the proclamation of any candidate-elect or annual partially or totally any proclamation, if one has been made, as the evidence shall
warrant in accordance with the succeeding sections.
Section 243,OEC 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 Sections 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.
Section 243, OEC refers to issues that may ne raised in a pre-proclamation controversy. There are four (4) grounds, which can be summarized into
two (2):
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.
SITUATIONS
(1) No election The election in any polling place has not been held on the date fixed on account of FVTFA
(2) Election is suspended The election in any polling place has been suspended before the hour fixed by law for the closing of the voting on account
of FVTFA
(3) There is a failure to elect After the voting and during the preparation and transmission of the election returns or to the custody or canvass
thereof, such election results in a failure to elect on account of FVTFA; nobody emerged as winner
Q: What are the two (2) conditions that must concur before the COMELEC can act on a verified petition seeking to declare a failure of election?
A: (1) no voting took place in the precinct
(2) on the date fixed by law or even if there was voting, the election resulted in a failure to elect.
>>BANAGA v. COMELEC<<
Failure of election is the same with petition to annul election returns
General Rule: xxx All such election cases shall be heard and decided in division, provided that motions for reconsideration of decisions shall be
decided by the Commision en banc. (Art IX-C, Section 3)
Exception: A petition to declare a failure of election shall be heard by the COMELEC en banc.
HELD: The petition cannot be granted. There was an election that took place. The law does not require the majority of voters to cast their votes.
There can only be a failure of election if the will of the people is defiled and cannot be determined.
XX. PROCLAMATION
Q: Who proclaims the winner?
A: (1) Board of Canvassers
(2) President, Vice-President Elections: Congress acting as Board of Canvassers
(3) Senators: COMELEC
(4) Congressman
(a) Lone Congressional district Provincial BOC
(b) Several districts District BOC
It is the ministerial duty of the BOC to proclaim the winning candidate. It has no discretion whether to proclaim or not. After the last official act, which
is the proclamation, the BOC becomes functus officio and may not validly reconvene motu proprio. However, when the COMELEC ordered the
reconveyance of the BOC, it may.
President & Vice President: Supreme Court En Banc The Supreme Court, sitting en banc,
shall be the sole judge of all contests relating to the election, returns, and qualifications of
the President or Vice- President, and may promulgate its rules for the purpose.
Jurisdiction
Congress: The Senate and the House of Representatives shall each have an Electoral
Tribunal which shall be the sole judge of all contests relating to the election, returns, and
qualifications of their respective Members. Each Electoral Tribunal shall be composed of
nine Members, three of whom shall be Justices of the Supreme Court to be designated by
the Chief Justice, and the remaining six shall be Members of the Senate or the House of
Representatives, as the case may be, who shall be chosen on the basis of proportional
representation from the political parties and the parties or organizations registered under the
party-list system represented therein. The senior Justice in the Electoral Tribunal shall be its
Chairman.
(2) Exercise exclusive original jurisdiction over all contests relating to the elections, returns,
and qualifications of all elective regional, provincial, and city officials, and appellate
jurisdiction over all contests involving elective municipal officials decided by trial courts of
general jurisdiction, or involving elective barangay officials decided by trial courts of limited
jurisdiction.
Decisions, final orders, or rulings of the Commission on election contests involving elective
municipal and barangay offices shall be final, executory, and not appealable.
>>DUMAYAS v. COMELEC<<
Election Protest is a contest between the defeated and winning candidates on the ground of frauds or irregularities in the casting and counting of the
ballots or in the preparation of returns. It resolves the question of who actually obtained the plurality of the legal votes and therefore is entitled to
hold the office. Quo warranto raises in issue the disloyalty or ineligibility of the winning candidate. It is a proceeding to unseat the respondent from
>>TECSON v. COMELEC<<
Before the election, a petition was filed on the ground of material misrepresentation. COMELEC dismissed the petition. TECSON et. al. argued tha
the jurisdiction with the SC.
HELD: Contest refers to post-election scenario and not pre-election scenario. It shall consist of either an election protest or quo warranto which
are two (2) distinct remedies but with one objective, to unseat winning candidate. SC has jurisdiction over election contests of President/Vice-
President and NOT candidates. It does NOT include a petition qualifying a candidate for President/Vice-President. Sc is the sole judge for
President/Vice-President and NOT over candidates for President/Vice- President. Hence, the action was dismissed for lack of jurisdiction and
prematurity.
>>GALIDO v. COMELEC<<
Notwithstanding the finality of COMELECs decision, the parties are NOT precluded from filing a petition for certiorari with the SC.
COUNTER-PROTEST available to a winning candidate if his election is protested. A remedy available to a duly proclaimed winner in order to
protect ones lead. Allege also the precinct where your opponent cheated.
>>KHO v. COMELEC<<
Counter protest must be filed within 5 days from receipt of the copy of the protest. The period is not only mandatory but also jurisdictional. It
partakes the nature of a counterclaim. So that the court is ousted of jurisdiction to entertain a counter protest belatedly filed. If a counter protest was
belatedly filed, but was erroneously admitted, the remedy is to file a motion to expunge the counter protest from the records. If not expunged from
the record, file a petition for certiorari under Rule 65.