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Art. II, Sec. 1 1987 Constitution: (c) Initiative on local legislation which refers to a petition
proposing to enact a regional, provincial, city, municipal
The Philippines is a democratic and republican state. or barangay law, resolution or ordinance
Sovereignty resides in the people and all government
authority emanates from them. Note that in the case of Santiago v. COMELEC, the Supreme
Court held that there is no law yet that is sufficient enough for
A democratic and republican government derives all its powers, proposing amendments to the Constitution. R.A. 6735 was
directly or indirectly, from the people at large. Its essence is indirect rule. deemed sufficient for statutory amendments but not
Actual sovereignty is exercised by the people by means of suffrage. Constitutional amendments.
Scope of suffrage The same provision provides that no literacy, property or other
substantive requirement shall be imposed on the exercise of suffrage, and
that Congress may not add or alter the qualifications of voters under Art. V,
Suffrage encompasses the following:
Sec. 1 of the 1987 Constitution. This specification is an implied prohibition
against interference on the part of Congress in the right of suffrage.
(1) Election
Election is the means by which the people choose their officials for
Congress, however, to a limited extent can regulate the right of
definite periods and to whom they entrust, for the time being as their
suffrage by:
representatives, the exercise of powers of government. It involves the
choice of candidates to public office by popular vote.
• Defining the qualifications of voters
a. Regular election – refers to an election participated in by those who
possess the right of suffrage and not • Regulating elections
disqualified by law and who are registered • Prescribing the form of official ballot
voters • Providing for the manner of choosing candidates and
the names to be printed on the ballot
b. Special election – when there is failure of election on the scheduled date • Regulating the manner of conducting elections
of regular election in a particular place or which • Suppressing whatever evils incident to the election of
is conducted to fill up certain vacancies, as public officers, pursuant to its duty to secure the
provided by law (ex. To fill in vacancy in office secrecy and sanctity of the ballots under Art. V, Sec. 2
before the expiration of the term for which of the 1987 Constitution.
incumbent was elected)
What are the substantive requirements for the exercise of suffrage?
(2) Plebiscite
Plebiscite is the submission of constitutional amendments or important The only substantive requirements to exercise the right to vote are:
legislative measures to the people for ratification. (CARA)
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(1) Citizenship (2) a bona fide intention of abandoning the former place of residence
(2) Age and establishing a new one; and, (3) acts which correspond with the
(3) Residency purpose.
(4) Absence of disqualifications
Aquino v. COMELEC (248 SCRA 400)
Filipino citizenship
The place where a party actually or constructively has his
This may be by birth or naturalization. permanent home, where he, no matter where he may be found at nay
given time, eventually intends to return and remain, i.e., his domicile,
Age is that to which the Constitution refers when it speaks of residence for
the purpose of election law. The purpose is to exclude strangers or
Must be at least 18 at the time of the election. newcomers unfamiliar with the conditions and needs of the community
from taking advantage of favorable circumstances existing in that
Residence community for electoral gain.
Every person is deemed to have his domicile somewhere, and (2) Persons adjudged by final judgment of having committed any
when it has been acquired, it will be deemed to continue until a new one crime involving disloyalty to the duly constituted government
has been acquired. Temporary absences although frequent or long (e.g. rebellion, sedition, violation of the firearms law) or any
continued, will not, while the person has a continuous intention to return, crime against national security. (Note: he / she shall
deprive him of his domicile and right to vote. automatically re-acquire the right to vote upon the expiration
of 5 years after the service of sentence.)
Any person who temporarily resides in another city, municipality
or country solely by reason of his occupation, profession, employment in (3) Insane or incompetent persons as declared by competent
private or public service, educational activities, work in the military or naval authority.
reservations within the Philippines, service in the AFP, the PNP, or
confinement or detention in government institutions in accordance with law,
shall not be deemed to have lost his original residence. (Sec. 9, R.A. THE COMELEC
8189)
Purpose
It is not necessary that a person should have a house in order to
establish his residence or domicile in a municipality. It is enough that he The purpose of the COMELEC is to protect the sanctity of the
should live there, provided that his stay is accompanied by his intention to ballot and to ensure the free and honest express of the popular will.
reside therein permanently.
To achieve this, the COMELEC was created as an independent
Literacy requirements administrative tribunal, co-equal with the other departments with respect to
the powers vested in it, and not under any of the branches of Government.
The Constitution imposes no literacy requirements; hence The intention is to place it outside the influence of political parties and the
illiterates have the right to vote. control of the legislative, executive, and judicial organs of the government.
Romualdez-Marcos v. COMELEC (248 SCRA 300) The chairman and the commissioners are to be appointed by the
President with the consent of the Commission on Appointments.
It is the fact of residence, not a statement in the certificate
of candidacy which ought to be decisive in determining whether or not The Commissioners serve for 7 years without reappointment,
an individual has satisfied the Constitution’s residency qualification under staggered terms of 2 years interval: of 3 commissioners first
requirement. appointed, 3 shall hold office for 7 years, 2 for 5 years, and the rest for 3
years.
To successfully effect a change of domicile, one must The staggering of terms makes the COMELEC a continuing and
demonstrate: (1) an actual removal or an actual change of domicile; self-perpetuating body, and consequently its members would have the
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benefit of the experience and expertise of the older members in the contract with COMELEC for supplies, or a person
performance of its functions. fails to follow the procedure for the distribution of
ballot boxes).
The COMELEC Commissioners are subject to the same disabilities
imposed on the President and the Vice-President, including the prohibition • To issue warrants of arrest;
against holding any other office or engaging in any other profession or
business.
• Of certiorari, prohibition and mandamus (Note:
but only in exercise of its appellate jurisdiction;
Powers and functions
Relampagos v. Cumba, )
• Promulgation of rules and regulations (Art. IX-C, Sec. (1) determination of the number and location of
6; BP 881, Sec. 52b) polling places
(2) appointment of election officials and inspectors
(3) registration of voters
• Fixing of election period (which shall commence 90
days before the election and end 30 days thereafter, However, the COMELEC has NO jurisdiction over
unless otherwise fixed by the COMELEC in special questions involving the right to vote (i.e. disqualifications of
cases; Art. IX-C, Sec. 6, 1987 Constitution) voters, right of a person to be registered, etc.), as these rest
within the exclusive original jurisdiction of the MTC,
• Fixing of other reasonable periods for certain pre-
appealable to the RTC.
election requirements (BP 881, Sec. 52m)
(4) Deputize, with the concurrence of the President, law
enforcement agencies and instrumentalities of the
• Declaration of failure or postponement of elections, Government for the exclusive purpose of ensuring free,
as well as call for special elections (Sec. 4, RA 7166) orderly, honest, peaceful and credible elections (Art. IX-C,
Sec. 2(4), 1987 Constitution)
• Prescribe forms, as well as use or adoption of latest
technological and electronic devices (BP 881, Sec. • CMT cadets 18 yrs. of age and above may be authorized
52 g, i) to act as the COMELEC's deputies for the purpose of
enforcing its orders (Sec. 52a, BP 881)
• Annulment or cancellation of illegal registry lists of
voters and ordering the preparation of a new one;
• The COMELEC may deputize any member or members
of the AFP, NBI, PNP or any similar agency or
• Cancellation of the canvass of election returns and instrumentality of the government (except civilian home
annulment of a proclamation based on incomplete defense forces) during the period of the campaign and
results. (Note, however, that the COMELEC does ending 30 days thereafter, when in any area of the
not have the power to annul an election which may country there are persons committing acts of terrorism to
not have been free, orderly, and honest as such influence people to vote for or against any candidate or
power is merely preventive and not curative.) political party. (Sec. 52b, BP 881)
(10) Supervision / Regulation, for the duration of the election The COMELEC shall decide by a majority vote of all its members any
period, of use of all franchises or permits for operation of: case or matter brought before it within 60 days from the date of its
submission for decision or resolution. (Art. IX-A, Sec. 7 1987 Constitution)
• transportation and other public utilities;
Judicial Review
• media of communication or information;
Unless otherwise provided by the Constitution or by law, any
• allgrants, special privileges, or concessions granted by the
decision, order or ruling of each Commission may be brought to the
Supreme Court on certiorari by the aggrieved party within 30 days from
Government or any instrumentality thereof (Art. IX-C, Sec. 4, receipt of a copy thereof. (Art. IX-A, Sec. 7, 1987 Constitution)
1987 Constitution)
What is contemplated in this provision are decisions, orders or
The purpose of supervision and regulation is to resolutions rendered by the COMELEC in the exercise of its adjudicatory or
guarantee or ensure equal opportunity for public service quasi-judicial powers not those which are mere incidents of its inherent
and the equitable right to reply, for public information administrative functions over the conduct of elections. Questions arising
campaigns and fora among candidates, and assure free, from the latter may be taken in an ordinary civil action before the RTC.
orderly, honest, peaceful and credible elections. (Sec. 2,
R.A. 9006) By certiorari, a party raises questions of law in the Supreme
Court. Findings of fact made by the COMELEC are conclusive upon the
No franchise or permit to operate a radio or television Supreme Court.
station shall be granted or issued, suspended or
cancelled during the election period. (Sec. 6.4, R.A. The Supreme Court has no power of supervision over the
9006) COMELEC except to review its decisions on petitions by certiorari. The
certiorari jurisdiction of the Supreme Court is confined to instances of grave
COMELEC is mandated under Sec. 7 of R.A. 9006 to abuse of discretion amounting to patent and substantial denial of due
exercise affirmative action in procuring print space upon process committed by it in the exercise of its quasi-judicial powers.
payment of just compensation from at least 3 national
circulation, and free airtime from at least 3 national TV
networks and 3 national radio networks, all of which are ELECTIONS IN GENERAL
to be allocated free of charge equally and impartially
among all the candidates for national office on 3 different Kinds of elections
calendar days.
General election
Quasi-Judicial Powers
It is one provided for by law for the election to offices throughout
Jurisdiction the State or a certain subdivision thereof, after the expiration of the full
term of former officers.
The COMELEC has exclusive original jurisdiction over all
contests relating to the election, returns and qualifications of all elective, Special election
regional, provincial and city officials.
It is one provided for by law under special circumstances.
The COMELEC has exclusive appellate jurisdiction over all
contests involving municipal officials decided by the RTC, or involving It is an election held to fill a vacancy in an office before the
elective barangay officials decided by the MTC. In these cases, the expiration of the full term for which the incumbent was elected, or an
decisions therein shall be final, executory and unappealable. (Art. IX-C, election at which some issue or proposition is submitted to the vote of the
Sec. 2 (2), 1987 Constitution) qualified electors.
Composition; En Banc and Division Cases In accordance with the Constitutional policy to synchronize
elections, there is a simultaneous conduct of elections for national and
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local officials once every 3 years. Under R.A. 7166, elections shall be held
on the 2nd Monday of May. Polling Places
The President and Vice-President are elected on the same day Polling place, defined
every 6 years.
POLLING PLACE: Building or place where the Board of
Senators, Elective Members of the House of Representatives, Election Inspectors conducts its proceedings and where the
and Elective Provincial, City and Municipal Officials are elected on the voters cast their votes (Sec. 152, BP 881)
same day every 3 years, except with respect to the Senators, only 12 of
whom shall be elected every 3 years. Designation of polling places
Barangay Elections are held on the same day, and every 5 years The COMELEC may introduce changes in the location of polling
thereafter, the term for elective barangay officials having been extended places when necessary after notice to the registered political parties and
from 3 years to 5 years. (R.A. 7160, Sec. 43 (c) as amended by R.A. candidates affected if any, and hearing. No location shall be changed
8524) within 45 days before a regular election and 30 days before a special
election, referendum or plebiscite except when it is destroyed or it cannot
Time and Place for Holding Elections be used. (Sec. 153, BP 881)
The time must be fixed by the authoritative power (i.e. the Arrangements and Contents of Polling Places
Constitution; laws in the case of regular elections; the executive or other
designated power in the case of special elections). The place for holding Each polling place shall have at least 10 voting booths of such
elections shall be fixed by general law or by a proclamation or by the notice size, specifications and materials as the COMELEC may provide to enable
by which the election is called. Such designated place shall be mandatory. the voters to fill out their ballots secretly. (Sec. 158, BP 881) The polling
place shall be so arranged that the booths, the table, the ballot boxes and
In case of emergencies which necessitate the changing of a the whole polling place, except what is being written within the booths,
polling place, adequate general notice must be given. shall be in plain view of the board of election inspectors, the watchers and
other persons who may be within the polling place. (Sec. 159 (d), BP 881)
Manner of Holding Elections
The COMELEC shall post inside each voting booth and
elsewhere in the polling place on the day before the election, referendum,
While the manner of holding elections must be regulated, it is
or plebiscite and during the voting period a list containing the names of all
obvious that the manner prescribed is intended simply to secure the correct
candidates or the issues or questions to be voted for. (Sec. 158; BP 881)
result. Manner and form should not be allowed to defeat the undoubted will
of the people clearly expressed. (C.J. Simpson)
There shall be a guard rail between the voting booths and the
table for the Board of Election Inspectors. (Sec. 159; BP 881)
Regulations prescribed are merely directory, and a failure to
observe them fully will not invalidate the election, where an election has
Inspection of polling places
been held in good faith and irregularities do not affect the result.
Before the day of the election, referendum or plebiscite, the
Where a special election is provided for, but no method of
Chairman of the COMELEC shall, through its authorized representatives,
holding it is declared, it will be sufficient if it is held in the manner
see to it that all polling places are inspected and such omissions and
prescribed for the holding of general elections.
defects as may be found are corrected. (Sec. 163, BP 881)
PRE-ELECTION REQUIREMENTS
OFFICIAL BALLOTS, ELECTION RETURNS
& BALLOT BOXES
PRECINCTS AND POLLING PLACES
Ballot boxes
(2) appoint such ineligible person knowing him to be
ineligible (Sec. 45d, R.A. 8189)
On the day of the voting, there shall be a ballot box one side of Function
which shall be transparent which shall be set in a manner visible to the
voting public. It shall contain two compartments, one for valid ballots and
the other for spoiled ballots. - Meet quarterly on the 3rd Monday of April, July, October and
January of every calendar year (or on the next following working
REGISTRATION OF VOTERS day if such designated days fall on non-working holidays)
- To hear and process all applications for registration.
Registration defined
When registration conducted
- the act of accomplishing and filing of a sworn application for registration
by a qualified voter before the election officer of the city or municipality Registration of voters shall be conducted not less than 120 days
wherein he resides and including the same in the book of registered voters before a regular election and 90 days before a special election. (Sec. 8,
upon approval by the Election Registration Board. (Sec. 3a, R.A. 8189) R.A. 8189)
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reasonable fee.
However, in the case of an initiative or referendum, the
COMELEC is authorized to set a special registration day at least 3 weeks Illiterate and Disabled Voters
before the scheduled initiative or referendum. (Sec. 5, R.A. 6735)
Any illiterate person may register with the assistance of the
CAN A SPECIAL REGISTRATION FOR A REGULAR Election Officer or any member of an accredited citizen’s arm. The
ELECTION BE CONDUCTED OUTSIDE THE PERIOD application for registration of a physically disabled person may be prepared
PRESCRIBED IN SEC. 8, R.A. 8189 UNDER THE RESIDUAL by any relative within the fourth civil degree of consanguinity or affinity or
OR STANDBY POWERS OF THE COMELEC UNDER SEC. 28, by the Election Officer or any member of an accredited citizen’s arm using
R.A. 8436? the data supplied by the applicant [Sec. 14, RA 8189].
No. In the case of Akbayan, et al v. COMELEC (G.R.
No.147066, March 26, 2001), the Supreme Court held that Sec. Inclusion-exclusion cases
8 of R.A. 8189 explicitly provides that no registration shall be
conducted during the period starting 120 days before a Common rules governing judicial proceedings in the matter of
regular election. The purpose of having a 120-day prohibitive inclusion, exclusion and correction of names of voters (Sec. 32, R.A.
period is to enable the COMELEC to complete all the necessary 8189)
pre-election activities, including the Project of Precincts,
constitution of Board of Election Inspectors, Book of Voters and (1) TIME OF FILING: During office hours
approved Voters Registration Records, Computerized Voters'
List, and Voters Information Sheet. Registration of voters is not, (2) NOTICE: Notice of the place, date and time of the
contrary to popular opinion, merely the act of going to the hearing of the petition shall be served upon the members of
Election Officer and writing the names down. It is "in fact, a long the Board and the challenged voter upon filing of the
process that takes about 3 weeks to complete not even counting petition.
how long it would take to prepare for the registration in the first
place." Modes of service:
(1) personal delivery, or
Re-registration (2) registered mail, or
(3) posting in the bulletin board of city or municipal hall and in 2
A voter who is registered in the permanent list of voters need not other conspicuous places within the city or municipality
register anew for subsequent elections unless:
(3) CONTENTS: Petition shall refer only to 1 precinct, and shall
(1) he transfers residence to another city or implead the Board as respondents
municipality; or
(4) COSTS: Generally, no costs shall be assessed against any
party. However, the court may order a party to pay the
(2) his registration has been cancelled on the
costs and incidental expenses of the suit should it find that
ground of disqualification and such the application was filed solely to harass the adverse party
disqualification has been lifted or removed and to cause him to incur expenses.
(Sec. 125, BP 881);
(5) INTERVENTION: Any voter, candidate or political party who
System of Continuing Registration may be affected by the proceedings may intervene and
present his evidence.
Under Sec. 8 of RA 8189, the COMELEC has the power to
conduct continuing registration. Such registration shall be conducted daily (6) EVIDENCE: Shall be based on the evidence presented. In no
in the office of the Election Officer during regular office hours, except case shall a decision be rendered upon a stipulation of
during the period starting 120 days before a regular election and 90 days facts.
before a special election. The filing of the application must be done
personally. If the case involves the issue of a fictitious voter, the
non-appearance of the challenged voter on the day set for
Challenge of the right to register hearing shall be prima facie evidence that such voter is
fictitious.
Any person applying for registration may be challenged before
(7) DECISION: Petition shall be heard and decided within 10 days
the Election Registration Board:
from date of filing.
Such challenge must be made in writing, under oath and must state the Jurisdiction and Appeal in Inclusion and Exclusion Cases
grounds therefor. (Sec. 18, R.A. 8189)
MTC: original and exclusive jurisdiction
List of voters
RTC: appellate jurisdiction
The list of voters refers to an enumeration of names of Appeals must be made within 5 days from receipt of notice.
registered voters in a precinct duly certified by the Election Registration Otherwise the decision of the MTC becomes final and executory after said
Board for use in the election. (Sec. 3 (d), R.A. 8189) period.
The Board of Election Inspectors must post the final list of voters The RTC shall decide the appeal within 10 days from the time
in each precinct 15 days before the date of the regular or special election the appeal was received, and its decision shall be final and executory. No
or referendum or plebiscite. motion for reconsideration shall be entertained. (Sec. 138, BP 881; Sec.
33, R.A. 8189)
Any candidate or authorized representative of an accredited
political party upon formal request to an election registrar shall be entitled Petition for Inclusion of Voters in the List
to a certified copy of the most recent list of voters upon payment of a
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The following may petition to be included in the voters’ list: (1) Any voter;
(2) Any election officer;
• any person whose application by registration has (3) Any duly registered political party
been disapproved by the Board of Election
Inspectors or GROUNDS:
• any person whose name has been stricken out (1) The book of voters was not prepared in accordance
from the list with the provisions of R.A. 8189;
(2) The book of voters was prepared through:
Petitioner may apply at any time except 105 days prior to a regular election • Fraud;
or 75 days prior to a special election. (Sec. 34, R.A. 8189)
• Bribery;
Petition for Exclusion of Voters from the List • Forgery;
• Impersonation;
The following may petition for the exclusion of a voter from the • Intimidation;
permanent list of voters: • Force; or
• Any similar irregularity
• any registered voter; (3) The book of voters contains data that are statistically
improbable
• any representative of a political party;
The book of voters shall be annulled after due notice and hearing by the
• the Election Officer COMELEC after the filing of a verified petition. No order, ruling or decision
annulling a book of voters shall be executed within 90 days before an
Such petition may be filed at any time except 100 days before a regular election.
election or 65 days before a special election. It shall be decided within 10
days from filing. (Sec. 35, R.A. 8189) Deactivation and reactivation of registration
"The petition for exclusion is a necessary component to registration
since it is a safety mechanism that gives a measure of protection against Deactivation of registration (Sec. 27, R.A. 8189)
flying voters, non-qualified registrants, and the like. The prohibitive period,
on the other hand serves the purpose of securing the voter’s substantive CAUSES OF DEACTIVATION:
right to be included in the list of voters." (Akbayan, et al v. COMELEC,
G.R. No.147066, March 26, 2001) (1) The 3 grounds for disqualification to vote, namely:
The citizenship of a person to be stricken from the list may be (a) Sentence by final judgment to suffer
decided in the exclusion proceedings. However, the decision does not imprisonment for not less than one (1) year,
acquire the nature of res judicata considering the summary character of the such disability not having been removed by
case. plenary pardon or amnesty;
Voters Excluded Through the Inadvertence or Registered with an (b) Adjudgment by final judgment of having
Erroneous or Misspelled Name (Sec. 37, R.A. 8189) committed any crime involving disloyalty to the
duly constituted government (e.g. rebellion,
WHAT MAY BE FILED? sedition, violation of the firearms law) or any
crime against national security, unless restored
to his full civil and political rights in accordance
(1) Petition for reinstatement - filed by any registered voter who with law;
has not been included in the precinct certified list of voters
(2) Petition for correction of name - filed by any registered voter (c) Declaration of insanity or incompetence by
who has been included in the precinct certified list of voters with a competent authority, unless subsequently
wrong or misspelled name removed;
WHERE FILED? With the Election Registration Board (2) Failure to vote in the 2 successive preceding
regular elections, as shown by the voting records
If the petition is denied or not acted upon, the voter may file on (Note: SK elections are NOT considered regular
any date with the proper MTC a petition for an order directing elections for this purpose);
that the voter's name be entered or corrected in the list. The
following must be attached to the petition: (3) Court order for exclusion of registration; and
(1) Certified true copy of his registration record, or identification (4) Loss of Filipino citizenship
card, or the entry of his name in the list of voters used in the
preceding election; Reactivation of registration (Sec. 28, R.A. 8189)
(2) Proof that his application was denied or not acted upon by the PETITION FILED:
Board; Sworn application for reactivation of registration in
the form of an affidavit stating that the grounds for
(3) Proof that the petitioner has served notice of his application to the deactivation no longer exist
the Board
WHO MAY FILE:
Annulment of Book of Voters Any voter whose registration has been deactivated
(3) Entitle them to the rights and privileges granted to • those which seek to achieve their goals through
political parties. (Sec. 60, BP 881) violence or unlawful means (Art. IX-C, Sec. 2 (5),
1987 Constitution, Sec. 61, BP 881)
Rights and privileges granted
• To inspect and/or copy at its expense the accountable Any registered political party that, singly or in coalition with
registration forms and/or the list of registered voters in the others, fails to obtain at least 10% of the votes cast in the constituency in
precincts constituting the constituency at which the political which it nominated and supported a candidate or candidates in the election
party is fielding candidates (Sec. 42, R.A. 8189) next following its registration shall, after notice and hearing be deemed to
have forfeited such status as a registered political party in such
constituency. (Sec. 60, BP 881)
• To have a watcher and/or representative in the procurement
and watermarking of papers to be used in the printing of Cancellation of registration
election returns and official ballots and in the printing,
numbering, storage and distribution thereof (Sec. 8, R.A. The following are grounds for cancellation of registration of a
6646); political party:
• To have watchers who shall verify the contents of the boxes (1) Accepting financial contributions from foreign governments
containing the shipment of official ballots, election returns or their agencies (Art. IX-C, Sec. 2 (5), 1987 Constitution);
and sample official ballots received by the provincial, city
and municipal treasurers (Sec. 189, BP 881. Note that this
privilege is only available to the ruling party and the
(2) The party is a religious sect or denomination, organization
or association organized for religious purposes (Sec. 6 (1),
dominant opposition party.);
R.A. 7941);
• To be present and to have counsel during the canvass of (4) The party is a foreign party or organization (Sec. 6 (3), R.A.
the election returns (Sec. 25, R.A. 6646) 7941);
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(5) The party is receiving support from any foreign government, (3) Sectoral organizations, i.e. groups of citizens or coalitions of
foreign political party, foundation, organization, whether groups of citizens who share similar physical attributes or
directly or through any of its officers or members or characteristics, employment, interest or concerns (Sec. 3e,
indirectly through third parties for partisan election purposes R.A. 7941);
(Sec. 6 (4), R.A. 7941);
(4) Coalitions, i.e. aggrupations of duly registered national,
(6) The party violates or fails to comply with laws, rules or regional, sectoral parties or organizations for political and/or
regulations relating to elections (Sec. 6 (5), R. A. 7941); election purposes (Sec. 3f, R.A. 7941)
(7) The party declares untruthful statements in its petition for Parties, organizations or coalitions that are already registered with
the COMELEC need not register anew. However, should they wish to
registration (Sec. 6 (6), R.A. 7941);
participate in the party-list system, they must file with the COMELEC a
manifestation of such desire to participate not later than 120 days before
(8) The party has ceased to exist for at least 1 year (Sec. 6 (7), the election. (Sec. 4, R.A. 7941, as amended by Sec. 11, R.A. 8436)
R.A. 7941);
Procedure for registration
(9) The party fails to participate in the last 2 preceding elections
(Sec. 6 (8), R.A. 7941); PETITION:
Petition verified by the party/organization/coalition's
president or secretary. The petition must state its
(10) If registered under the party-list system, the party fails to
desire to participate in the party-list system as a
obtain at least 2% of the votes in the 2 preceding elections national, regional or sectoral party or organization or a
for the constituency in which it has registered. (Sec. 6 (8), coalition of such parties or organizations.
R.A. 7941)
WHEN FILED:
Under the party-list system, the COMELEC may refuse or cancel Not later than 90 days before the election
registration either motu propio or upon verified complaint of any interested
party, after due notice and hearing. (Sec. 6, R.A. 7941) ATTACHMENTS:
(1) Constitution;
Nomination and selection of official candidates (2) By-laws;
(3) Platform or program of government;
(Sec. 6, R.A. 7166) (4) List of officers;
(5) Coalition agreement (as applicable);
No political convention or meeting for the nomination or election (6) Other relevant information as may be
of the official candidates of any political party or organization or political required by the COMELEC
groups or coalition thereof shall be held earlier than the following periods:
After due notice and hearing, the COMELEC shall resolve the
Pres., VP, Senators: 165 days before the date of the election petition within 15 days from the date it was submitted for decision, but not
later than 60 days before election. (Sec. 5, R.A. 7941)
Members of the House of Representatives 75 days before the day
of Grounds for refusal and/or cancellation of registration
Elective Provincial, City or Municipal Officers the election
The following are grounds for refusal and/or cancellation of
REGISTRATION FOR PARTY-LIST registration of a party, organization or coalition wishing to participate in the
party-list system:
Party-list system defined
1. Accepting financial contributions from foreign governments
- a mechanism of proportional representation in the election of or their agencies (Art. IX-C, Sec. 2 (5), 1987 Constitution);
representatives to the House of Representatives from national, regional
and sectoral parties or organizations or coalitions thereof registered with
the COMELEC. Component parties or organizations of a coalition may
2. The party is a religious sect or denomination, organization
or association organized for religious purposes (Sec. 6 (1),
participate independently, provided the coalition of which they form part
R.A. 7941);
does not participate in the party-list system. (Sec. 3, R.A. 7941)
Purpose of party-list system 3. The party advocates violence or unlawful means to seek its
goal (Sec. 6 (2), R.A. 7941);
- to enable Filipino citizens belonging to marginalized and
underrepresented sectors, organizations and parties, and who lack well- 4. The party is a foreign party or organization (Sec. 6 (3), R.A.
defined political constituencies but who could contribute to the formulation 7941);
and enactment of appropriate legislation that will benefit the nation as a
whole, to become members of the House of Representatives. (Sec. 2,
R.A. 7941)
5. The party is receiving support from any foreign government,
foreign political party, foundation, organization, whether
directly or through any of its officers or members or
Who may be registered indirectly through third parties for partisan election purposes
(Sec. 6 (4), R.A. 7941);
(1) Political parties (See discussion in previous section);
6. The party violates or fails to comply with laws, rules or
(2) Sectoral parties, i.e. organized groups of citizens belonging regulations relating to elections (Sec. 6 (5), R. A. 7941);
to the labor, peasant, fisherfolk, urban poor, indigenous
cultural communities, elderly, handicapped, women, youth, 7. The party declares untruthful statements in its petition for
veterans, overseas workers, and professional sectors, and registration (Sec. 6 (6), R.A. 7941);
whose principal advocacy pertains to the special interest
and concerns of their sector (Sec. 3d, R.A. 7941);
74
8. The party has ceased to exist for at least 1 year (Sec. 6 (7), for member of the House of Representatives in his legislative district, and
the second, a vote for the party, organization, or coalition he wants
R.A. 7941);
represented in the House of Representatives.
9. The party fails to participate in the last 2 preceding elections Party-list representative District representative
(Sec. 6 (8), R.A. 7941);
Scope of electorate Elected nationally, with Elected according to
10. If registered under the party-list system, the party fails to party-list organizations legislative district by the
obtain at least 2% of the votes in the 2 preceding elections garnering at least 3% of constituents of such
for the constituency in which it has registered. (Sec. 6 (8), all the votes cast for the district
R.A. 7941) party-list system entitled
to 1 seat, which is
The COMELEC may refuse or cancel registration either motu increased according to
proprio or upon verified complaint of any interested party, after due notice proportional
and hearing. (Sec. 6, R.A. 7941) representation, but is in
no way to exceed 3 seats
per organization
Nomination of party-list representatives
Residence No special residency Must be a resident of his
(Sec. 8, R.A. 7941) requirement requirement legislative district for at
least 1 year immediately
Each registered party, organization or coalition shall submit to before the election
the COMELEC a list of not more than 5 names from which party-list
representatives shall be chosen in case it obtains the required number of Manner of election Voted upon by party or Elected personally, i.e. by
votes. This list must be submitted not later than 45 days before the organization. It is only name.
election. when a party is entitled to
representation that it
The nomination of party-list representatives is subject to the designates who will sit as
following limitations: representative.
(1) The nominee must have all of the qualifications and Effect of Loses his seat, in which Does not lose seat if
none of the disqualifications for the exercise of the disaffiliation with case he/she will be he/she changes party or
right of suffrage. Moreover, he/she must be a party substituted by another affiliation.
registered voter, able to read and write, and at least 25 qualified person in the
years on the day of the election. party / organization based
on the list submitted to
In case of youth sector nominees, such nominees the COMELEC.
must be at least 25 but not more than 30 yrs. old on
the day of the election. (Sec. 9) Effect of vacancy A substitution will be A special election may be
made within the party, held provided that the
(2) The nominee must be a bona fide member of the party based on the list vacancy takes place at
or organization which he/she seeks to represent for at submitted to the least 1 year before the
least 90 days preceding the day of the election. (Sec. COMELEC. next election.
9)
Effect of change in A party-list representative This does not prevent a
affiliation within 6 is prohibited from sitting district representative
(3) An elected party-list representative who changes his
months prior to as representative under from running under his
political party or sectoral affiliation within 6 months
election his new party or new party.
before an election is not eligible for nomination as
organization.
party-list representative under his new party or
organization. (Sec. 15)
Effect of loss during A party-list representative
A district representative is
previous election cannot sit if he ran and
not prevented from
(4) A person may be nominated in 1 list only. (Sec. 8) lost in the previous
running again as a district
election. representative if he/she
(5) Only persons who have given their consent in writing lost during the previous
election.
may be named in the list. (Sec. 8)
ACCREDITATION OF A CITIZENS' ARM
(6) The list cannot include any candidate for any elective
office or any person who has lost his bid for an elective Who may be accredited
office in the immediately preceding election. (Sec. 8)
Any bona fide non-partisan group, association or organization
(7) Changes of name or alterations in the order of - from the civic, youth, professional, educational, business or labor
nominees are generally not allowed after the list has sectors
been submitted to the COMELEC. However, these - with identifiable leadership, membership and structure,
may be allowed when the nominee either: - and with demonstrated capacity to promote the public interest
and assist the COMELEC in the performance of its functions and
(a) Dies; or activities as mandated by the Constitution and by law
(b) Withdraws his nomination in writing; or
(c) Becomes incapacitated (Rule 33, Sec. 1, COMELEC Rules of Procedure)
in which case the substitute nominee shall be placed Procedure for accreditation
last in the list (Sec. 8)
(1) FILING OF PETITION FOR ACCREDITATION
Party-list and district representatives distinguished
Any group seeking accreditation may file a petition for accreditation,
Every voter is entitled to 2 votes: the first is a vote for candidate duly verified by its President, Chairman of the Board of Directors, or
75
any of its duly authorized officers. Revocation and expiration of accreditation
The petition for accreditation must state the following: REVOCATION: May be done by the COMELEC after notice and hearing
for any of the following acts:
(a) The constituency to which petitioner seeks accreditation; (1) The citizens' arm has showed or acted with partiality in any
political issue or to any political party, organization or
(b) That it is not supporting any candidate, political party, coalition of political parties;
organization or coalition of political parties, in the
constituency where it seeks accreditation; (2) It has performed acts in excess of its duties and functions
as provided by law; or
(c) Nature of its membership; names of its officers or
organizers, location of principal office or place of business, (3) It has failed to comply with the conditions imposed upon it in
and an assurance of its capability to undertake a the decision granting accreditation.
coordinated operation and activity to assist the COMELEC;
EXPIRATION: The accreditation automatically lapses at the end of
(d) That it shall submit itself to the direct and immediate control the election period of the political exercise for which the petitioner was
and supervision and comply with the orders of the accredited as citizens' arm.
COMELEC in the performance of its specific functions and
activities provided by law, and such other functions and
activities provided by law, and such other functions and CERTIFICATES OF CANDIDACY
activities which the COMELEC may assign;
Candidate defined
(e) That it shall strictly remain non-partisan and impartial during
the registration and election periods; Any person aspiring for or seeking an elective public office, who has filed a
certificate of candidacy by himself or through an accredited political party,
(f) That it is not supported by or under the influence of any aggroupment, or coalition of parties. (Sec. 79, BP 881)
foreign government or any of its agencies or
instrumentalities; or of any foreigner, whether natural or Guest Candidacy
juridical person;
A political party may nominate and/or support candidates not
(g) That it shall not solicit or receive, directly or indirectly, any belonging to it. (Sec. 70, BP 881) Note however that this is not applicable
contribution or aid of whatever form or nature from any in cases of political parties registered under the party-list system, as
foreign government or any of its agencies or nominees must necessarily be bona fide members of the party.
instrumentalities, or from any foreigner, whether natural or
juridical person;
Qualifications
(h) That it does not seek to achieve its objectives, goals or
programs through violence or other unlawful means, nor See the provisions of the Constitution for the qualifications of
aim to propagate any ideology opposed to the principles of candidates for President, Vice-President, Senator, and Member of the
a republican and democratic government; and House of Representatives.
(i) That it undertakes to police its ranks and prevent infiltration See the provisions of the Local Government Code for the
by persons or groups of persons who may, directly or qualifications of local elective officials.
indirectly, destroy its character of non-partisanship and
impartiality. Qualifications prescribed by law are continuing requirements and
must be possessed for the duration of the officer's active tenure. Once any
(2) SETTING OF PETITION FOR HEARING of the required qualifications are lost, his title to the office may be
seasonably challenged. (See Frivaldo v. COMELEC, 174 SCRA 245;
Upon the filing of the petition, the COMELEC en banc shall Labo v. COMELEC, 176 SCRA 1)
immediately set the petition for hearing. The COMELEC may order
the publication of the petition in a newspaper of general circulation if it Filing of certificate of candidacy
deems such necessary. Publication shall be at the expense of the
petitioner. To be eligible for any elective public office, one must file a
certificate of candidacy within the period fixed by the Omnibus Election
(3) HEARING OF PETITION Code.
The accreditation of the petitioner may be opposed by any person, Mode of Filing
group, association, group or organization, political party or coalition of
political parties possessing relevant information or evidence against Certificates must be filed by the candidate personally or by his
the petitioner by filing a verified opposition. duly authorized representative. No certificate shall be filed by mail,
telegram or facsimile. (Sec. 7, R.A. 7166)
However, notwithstanding the absence of any opposition, the
COMELEC may motu proprio require the petitioner to present Time of Filing
evidence to support its petition for accreditation.
Certificates of candidacy must be filed in 12 legible copies not
(4) DECISION later than 120 days before the elections. (Sec. 11, R.A. 8436)
The COMELEC shall then render its decision. If the decision is for the Place of Filing
accreditation of the petition, a certificate of accreditation shall be
issued stating the following: The certificates of candidacy shall be filed in the following
places:
(a) The name of the group or organization;
President |
(b) The constituency to which it is accredited; and Vice-Pres | COMELEC main office (Mla)
Senator |
(c) The political exercise for which it is accredited
Congressman - Provincial election supervisor
76
If NCR district: File with Regional Election Director
RAMIREZ V. COMELEC
If legislative district in cities outside NCR which comprise one or more
legislative districts: File with City election registrar concerned The certificate of candidacy of petitioner for the office of
provincial board member was filed by his political party. 15 minutes before
Provincial Offices - Provincial election supervisor the deadline, he filed his certificate of candidacy for mayor. 8 days later,
he filed a petition to withdraw his certificate of candidacy for the office of
City / Municipal Offices - City or municipal election registrar the board member and to declare subsisting his certificate of candidacy for
mayor, attaching his written declaration under oath withdrawing his
Contents of certificate of candidacy certificate of candidacy for board member.
• That he / she will obey the laws, legal orders, and decrees (4) Permanent residence or immigrant status in a
promulgated by the duly constituted authorities; foreign country, unless such person has waived his
status as permanent resident or immigrant in
• That he / she is not a permanent resident or immigrant to a accordance with the residence requirement
foreign country; provided for in the election laws (Sec. 68, BP 881)
• Having engaged in election campaign or partisan (2) Those removed from office as a result of an administrative
political activity outside the campaign period and not case.
pursuant to a political party nomination (Sec. 68e, BP
881, cf. Sec. 80); REYES V. COMELEC
• Having engaged in unlawful electioneering (Sec. 68e, In the case of Rodriguez v. COMELEC (G.R. No.
BP 881, cf. Sec. 261k); 120099, July 24, 1996), it was held that Rodriguez
could not be considered a "fugitive from justice"
because his arrival in the Philippines from the U.S.
• Having violated the prohibition against release, preceded the filing of the felony complaint in the
disbursement or expenditure of public funds 45 days Los Angeles Court and the issuance of the arrest
before a regular election (or 30 days in the case of a warrant by the same foreign court by almost 5
special election) (Sec. 68e, BP 881, cf. Sec. 261v); months. The Supreme Court held that the intent to
evade is the compelling factor that animates one’s
• Having solicited votes or undertaken any propaganda flight from a particular jurisdiction. And there can
only be an intent to evade prosecution or
on the day of election for or against any candidate or
punishment when there is knowledge by the fleeing
any political party within the polling place or within a
subject of an already instituted indictment, or of a
radius of 30 m. thereof (Sec. 68e, BP 881, cf. Sec.
promulgated judgment of conviction.
251cc)
(6) Permanent residents in a foreign country or those who have
Nuisance candidacy
acquired the right to reside abroad and continue to avail of
the same right after the effectivity of the Local Government
A nuisance candidate is one who files a certificate of candidacy:
Code.
(a) To put the election process in mockery or disrepute;
FRIVALDO V. COMELEC
or
(b) To cause confusion among the voters by the similarity
Frivaldo was previously declared as an alien. Despite this, he
of the names of the registered candidates, or
was able to file his certificate of candidacy. The election occurred on May
8, 1995. Frivaldo was able to re-acquire Philippine citizenship on June 30,
(c) Clearly demonstrating that he/she has no bona fide 1995 through repatriation by taking his oath of allegiance at 2:00 p.m.
intention to run for the office which the certificate of
candidacy has been filed, and thus prevents a faithful Philippine citizenship is an indispensable requirement for holding
determination of the true will of the electorate. (Sec. an elective public office. An official begins to govern or discharge his
69, BP 881) functions only upon his proclamation and on the day the law mandates his
term of office to begin. Since Frivaldo re-assumed his citizenship on the
Falsity of material representation very day the term began, he was therefore already qualified to be
proclaimed, to hold such office and to discharge the functions and
Falsity of a material representation in the certificate of candidacy responsibilities thereof as of the said date.
is a ground for the denial of due course to or cancellation of a certificate of
candidacy under Sec. 78 of BP 881. (7) Those who are insane or feeble-minded.
Disqualifications under the Local Government Code (Sec. 40, R.A. Special Disqualifications under the Lone Candidate Law (Sec. 4, R.A.
7160) 8295)
78
ELECTION CAMPAIGN
The following persons are disqualified from running in
a special election called to fill the vacancy in an elective office, provided
that evidence of their guilt is strong: Election campaign or partisan political activity
(1) Any elective official who has resigned from his It is an act designed to promote the election or defeat of a
office by accepting an appointive office or for particular candidate or candidates to a public office.
whatever reason which he previously occupied
but has caused to become vacant due to his It does not include public expressions of opinions or discussions
resignation; of probable issues in a forthcoming election or on attributes or criticisms of
probable candidates proposed to be nominated in a forthcoming political
(2) Any person who, directly or indirectly, coerces, party convention.
bribes, threatens, harasses, intimidates, or
actually causes, inflicts or produces any Prohibitions
violence, injury, punishment, torture, damage,
loss or disadvantage to any person or persons
aspiring to become a candidate or that of the
• Members of the board of election inspections are
prohibited from engaging in any partisan political
immediate member of his family, his honor or
activity or from taking part in the election except to
property that is meant to eliminate all other
discharge their duties as such and to vote. (Sec. 173,
potential candidate.
BP 881)
• If the broadcast is given free of charge by the Equal access to media time and space
radio or TV station, it shall be identified by the
words "airtime for this broadcast was provided All registered parties and bona fide candidates are guaranteed
free of charge by" followed by the true and correct equal access to media time and space under the Fair Election Act. To this
name and address of the broadcast entity. (Sec. end, the COMELEC has the power to supervise the use and employment
4.2, R.A. 9006) of press, radio and television facilities insofar as the placement of political
advertisements is concerned to ensure that candidates are given equal
opportunities under equal circumstances to make known their qualifications
• Print, broadcast or outdoor advertisements donated and their stand on public issues. Of course, such political advertisements
to the candidate or political party shall not be must be within the limits set forth in the Omnibus Election Code and R.A.
printed, published, broadcast or exhibited without 7166 on election spending.
the written acceptance by the said candidate or
political party. Such written acceptance must be Pursuant to such end:
attached to the advertising contract and submitted
to the COMELEC within 5 days after its signing. • Print advertisements shall not exceed 1/4 page, in broadsheet and
(Sec. 4.3, R.A. 9006, cf. Sec. 6.3, R.A. 9006) 1/2 page in tabloids thrice a week per newspaper, magazine,
or other publications, during the campaign period;
• All other forms of election propaganda not prohibited by
the Omnibus Election Code or the Fair Election Act of
2001. •Bona fide candidates and registered political parties running for
nationally elective office are entitled to not more than 120
Adiong v. COMELEC (207 SCRA 712) minutes of TV advertisement and 180 minutes of radio
advertisement whether by purchase or by donation;
In this case, the Supreme Court declared as unconstitutional
COMELEC Resolution No. 2347 insofar as it prohibits the posting of decals
and stickers on cars and other moving vehicles since it infringes on the
•Bona fide candidates and registered political parties running for
locally elective office are entitled to not more than 60 minutes
right to freedom of expression. The restriction is so broad as to include of TV advertisement and 90 minutes of radio advertisement
even a citizen's privately-owned vehicle, which is equivalent to deprivation whether by purchase or by donation;
of property without due process of law.
• Broadcast stations or entities are required to submit copies of their
Prohibited Acts broadcast logs and certificates of performance to the
COMELEC for the review and verification of the frequency,
It is prohibited: date, time and duration of advertisement broadcast for any
candidate or political party;
For any foreigner:
• All mass media entities are required to furnish the COMELEC with
• to aid any candidate or political party, directly or a copy of all contracts for advertising, promoting or opposing
any political party or the candidacy of any person for public
indirectly;
office within 5 days after its signing;
• to take part or influence in any manner any election;
• No franchise or permit to operate a radio or TV station shall be
• to contribute or make any expenditure in connection
granted or issued, suspended or cancelled during the election
with any election campaign or partisan political activity period.
For any person during the campaign period: Media practitioners
• to remove, destroy, obliterate or in any manner deface Moreover, media practitioners who are officials of a political party
or tamper with lawful election propaganda; or members of the campaign staff of a candidate or political party
prohibited from using their media time or space to favor any candidate or
• to prevent the distribution of lawful election propaganda political party. Media practitioners or personalities who are candidates for
any elective public office or are campaign volunteers for or employed or
For any candidate, political party, organization or any person: retained in any capacity by any candidate or political party shall be deemed
resigned, if so required by their employer, or shall take a leave of absence
• to give or accept, directly or indirectly, free of charge, from their work as such during the campaign period.
transportation, food or drinks or things of value during
the five hours before and after a public meeting, on the Public exhibitions
day preceding the election, and on the day of the
election; No movie, cinematograph, or documentary portraying the life or
biography of a candidate shall be publicly exhibited in a theater, TV station
or any public forum during the campaign period. The same is true for
• to give or contribute, directly or indirectly, money or
movies, cinematographs and documentaries portrayed by actors or media
things of value for such purpose.
personalities who are themselves candidates.
Badoy v COMELEC (35 SCRA 285)
Rallies, meetings and other political activity
The prohibition against certain forms of election propaganda was
upheld as a valid exercise of police power, “to prevent the perversion and Application for permits to hold rally (Sec. 87, B.P. 881)
prostitution of the electoral apparatus, and of the denial of due process of
law.” The holding of peaceful political rallies during the campaign
period is allowed. In order to hold rallies, political parties must follow the
Sanidad vs COMELEC ( 181 SCRA 529) requirements of local ordinances on the issuance of permits. All
applications for permits to hold meetings, rallies and other similar political
But this evil does not obtain in a plebiscite where the electorate activities must be immediately posted in a conspicuous place in the city or
is asked to vote for or against issues not candidates. municipal building, and the receipt thereof acknowledged in writing. Such
applications must be acted upon in writing by local authorities concerned
80
within 3 days after the filing thereof. If the application is not acted upon paramount.
within said period, it is deemed approved.
(2) The COMELEC does not take over the operation of radio and
The only justifiable ground for denial of the application for the television stations, but only the allocation of airtime to the
permit is that a prior written application by any candidate or political party candidates, to ensure equal opportunity, time and the right to
for the same purpose has been approved. reply, as mandated by the Constitution.
Denial of any application for said permit is appealable to the (3) There are substantial distinctions in the characteristics of the
provincial election supervisor or to the COMELEC whose decision shall be broadcast media from those of the print media which justify
made within 48 hours and which shall be final and executory. the different treatment accorded to each for purposes of free
speech, viz: the physical limitations of the broadcast
Notification of election registrar (Sec. 88, B.P. 881) spectrum, the uniquely pervasive presence of the broadcast
media in the lives of all Filipinos, and the earlier ruling that the
The political party or candidate must notify the election registrar freedom of TV and radio broadcasting is somewhat lesser
of any rally. Within 7 working days, the political party or candidate must than the freedom accorded to the print media.
submit to the election registrar the expenses incurred during the rally.
COMELEC poster area (Sec. 9, R.A. 9006)
COMELEC space, poster area, time and information bulletin
The COMELEC may authorize political parties and party-list
groups to erect common poster areas for their candidates in not more than
COMELEC space
10 public places such as plazas, markets, barangay centers and the like,
wherein candidates can post, display or exhibit propaganda. Such poster
The COMELEC shall procure space in at least one newspaper of
areas shall not exceed 12 feet by 16 feet or its equivalent.
general circulation in every province or city, or in the absence of such
newspaper, in any other magazine or periodical in said province or city,
For independent candidates with no political parties, the size of
which shall be known as “COMELEC Space.” COMELEC space shall be
the common poster area must not exceed 4 feet by 6 feet or its equivalent.
allocated to the COMELEC upon payment of just compensation, and shall
be utilized exclusively by the COMELEC for public information
COMELEC information bulletin (Sec. 93, B.P. 881)
dissemination on election-related concerns. (Sec. 8, R.A. 9006)
The COMELEC shall cause the printing and supervise the
Phil. Press Institute v. COMELEC
dissemination of bulletins which shall contain the picture, bio-data and
program of government of every candidate.
The Supreme Court declared sec. 2 of COMELEC Resolution
2722 compelling print media companies to donate “COMELEC Space” as
Any candidate can reprint these bulletins, provided it is an exact
null and void. Sec. 2 does not constitute a valid exercise of the power of
replica and shall bear the candidate’s name who caused the reprint and the
eminent domain. The element of necessity for the taking has not been
printer’s name.
shown by COMELEC. There is no showing that the members of the
Philippine Press Institute are unwilling to sell print space.
COMELEC official sample ballot (Sec. 185, B.P. 881, as amended by
R.A. 7904)
Furthermore, it has not been demonstrated that the COMELEC
has been granted the power of eminent domain by the Constitution or the
At least 30 days before an election, the COMELEC shall furnish
Legislature. In addition, sec. 2 does not constitute a valid exercise of
every registered voter with an unfilled official sample ballot, voter
police power. First, there was no effort to show that police power was
information sheet, and a list of all registered national, provincial and city
constitutionally delegated to the COMELEC. Second, no attempt was
candidates to be voted in the said election.
made to demonstrate that a real and palpable or urgent necessity for the
taking of print space confronted the COMELEC.
The information sheet shall include the voter's name, address, the
precinct and the place where he is registered, and simplified instructions as
Thus, COMELEC cannot procure print space without paying just
to the casting of votes. The names of the candidates shall be listed in
compensation therefor.
alphabetical order under their respective party affiliation and a one-line
statement not to exceed 3 words of their occupation or profession.
COMELEC time
Persons nominated under the party-list system shall likewise be included in
the above-mentioned list.
The COMELEC shall likewise air time in at least 1 major
broadcasting station or entity in every province or city, or in the absence of
such entity, in any radio or TV station in said province or city, which shall Public forum
be known as "COMELEC time." Such COMELEC time shall be allocated
to the COMELEC free of charge, and shall be utilized exclusively by the (Sec. 9, R.A. 6646)
COMELEC for public information dissemination on election-related
concerns. (Sec. 8, R.A. 9006) The COMELEC shall encourage non-political non-partisan
private or civic organization to initiate and hold in every city and
Telecommunications and Broadcast Attorneys of the Philippines v. municipality, public for a at which all registered candidates for the same
COMELEC (289 SCRA 337) office may simultaneously and personally participate to present, explain
and/or debate on their campaign platforms and programs and other like
In this case, which questioned the COMELEC's power under Sec. 92, BP issues.
881 to require TV stations to give air time for candidates free of charge, the
Supreme Court held that such power is valid and constitutional, being an The COMELEC shall promulgate the rules and regulations for
exercise of the plenary police power of the State to promote the general the holding of such to assure its non-partisan character and equality of
welfare. The Court gave the following reasons: access thereto by all candidates.
(1) All broadcasting, whether by radio or TV, is licensed by the Election surveys
government, and the franchise issued to a broadcast station is
always subject to amendment, alteration or repeal by (Sec. 5, R.A. 9006)
Congress when the common good requires. There is no
better measure for the common good than one for free airtime Election surveys, defined
for the benefit not only of the candidates but even more of the
public, particularly the voters, so that they will be informed of Election surveys refer to the measurement of opinions and
the issues in an election, for after all, it is the right of the perceptions of the voters as regards a candidate's popularity, qualifications,
viewers and listeners, not of the broadcasters, that is platforms or a matter of public discussion in relation to the election,
81
including voters' preference for candidates or publicly discussed issues advance or deposit of money or anything of value, or a contract, promise or
during the campaign period. agreement to contribute, whether or not legally enforceable, made for the
purpose of influencing the results of the elections but shall not include
Information required to be published in the survey services rendered without compensation by individuals volunteering a
portion or all of their time in behalf of a candidate or political party.
During the election period, any person, natural as well as
juridical, candidate or organization who publishes a survey must likewise It shall also include the use of facilities voluntarily donated by other
publish the following information: persons, the money value of which can be assessed based on the rates
prevailing in the area.
• The name of the person, candidate, party or organization
who commissioned or paid for the survey; Prohibited contributions
• The name of the person, polling firm or survey organization
who conducted the survey; (Sec. 95, B.P. 881)
• The period during which the survey was conducted, the
methodology used, including the number of individual No contribution for purposes of partisan political activity shall be
respondents and the areas from which they were selected, made directly or indirectly by any of the following:
and the specific questions asked;
• The margin of error of the survey; • Public or private financial institutions. However, they are not
• For each question for which the margin of error is greater prohibited from making any loan to a candidate or political party
than that reported above, the margin of error for that if:
question; and
• A mailing address and telephone number, indicating it as (a) the financial institutions are legally in the business
an address or telephone number at which the sponsor can of lending money,
be contacted to obtain a written report regarding the survey
in accordance with Sec. 5.3 of R.A. 9006.
(b) the loan is made in accordance with laws and
regulations; AND,
It must be noted that Sec. 5.4 which prohibits the publication of (c) the loan is made in the ordinary course of
surveys 15 days (for national candidates) or 7 days (for local candidates) business.
before an election was declared unconstitutional by the Supreme Court
upon a petition filed by the Manila Standard and Social Weather Station, • Natural and juridical persons operating a public utility or in
Inc. (SWS) The decision, which was penned by Justice V.V. Mendoza, possession of or exploiting any natural resources of the nation;
stated that the provision "constitutes an unconstitutional abridgment of
freedom of speech, expression and the press… as it imposes prior restraint • Natural and juridical persons who hold contracts or sub-contracts
and therefore, a direct and total suppression of a category of expression to supply the government or any of its divisions, subdivisions or
even for a limited period." (Exact title of case and citation not available as instrumentalities, with goods or services or to perform
of this writing. See front page of Philippine Star, May 6, 2001, for details.) construction or other works;
Exit polls • Natural and juridical persons who have been granted franchises,
incentives, exemptions, allocations or similar privileges or
(Sec. 5.5, R.A. 9006) concessions by the government or any of its divisions,
subdivisions or instrumentalities, including GOCCs;
Exit polls may only be taken subject to the following
requirements: • Natural and juridical persons who, within 1 year prior to the date
of the election, have been granted loans or other
• Pollsters shall not conduct their surveys within 50 meters from accommodations in excess of P100,000 by the government or
the polling place, whether said survey is taken in a home, any of its divisions, subdivisions or instrumentalities including
dwelling place and other places; GOCCs;
• Pollsters shall wear distinctive clothing; • Educational institutions which have received grants of public
funds amounting to no less than P100,000.00;
• Pollsters shall inform the voters that they may refuse to
answer; and • Officials or employees in the Civil Service, or members of the
Armed Forces of the Philippines;
• The result of the exit polls may be announced after the
closing of the polls on election day, and must clearly identify • Foreigners and foreign corporations, including foreign
the total number of respondents, and the places where they governments. (Sec. 96, BP 881)
were taken. Said announcement shall state that the same is
unofficial and does not represent a trend. It is unlawful for any person to solicit or receive any contribution
from any of the persons or entities enumerated.
ABS-CBN v. COMELEC (January 28, 2000)
In this case, the Supreme Court held that exit polls are valid. Prohibited raising of funds
They do not violate the principle of secrecy of the ballot since such polls
are purely voluntary on the part of the voter and do not require him or her It is unlawful for any person to hold the following for the purpose
to reveal his or her ballot. of raising funds for an election campaign or for the support of any
candidate from the commencement of the election period up to and
ELECTION CONTRIBUTIONS & EXPENDITURES including election day:
• dances,
Contributions • lotteries,
• cockfights,
Contributions defined • games,
• boxing bouts,
(Sec. 94a, B.P. 881) • bingo,
• beauty contests,
"Contribution” includes a gift, donation, subscription, loan, • entertainments, or cinematographic, theatrical or
82
other performances (i) For employment of counsel, the cost of which shall not
be taken into account in determining the amount of
It is unlawful for any person or organization, whether civic or
expenditures which a candidate or political party may
religious, directly or indirectly, to solicit and/or accept from any candidate
have incurred;
for public office, or from his campaign manager, agent or representative, or
any person acting in their behalf, any gift, food, transportation, contribution (j) For copying and classifying list of voters, investigating
or donation in cash or in kind from the commencement of the election and challenging the right to vote of persons registered in
period up to and including election day. the list; such costs shall not be taken into account in
determining the amount of expenses which a candidate
Note, however, that normal and customary religious stipends, or political party may have incurred;
tithes, or collections on Sundays and/or other designated collection days, (k) For printing sample ballots in such color, size and
are excluded from this prohibition.
maximum number as may be authorized by the
COMELEC, such costs not to be taken into account in
Expenditures determining the amount of expenses which a candidate
or political party may have incurred;
Expenditures defined
Persons authorized to incur expenditures
(Sec. 94b, BP 881)
(Sec. 103, B.P. 881)
“Expenditure" includes the payment or delivery of money of
anything of value, or a contract, promise or agreement to make an Only the following persons are permitted by law to make any
expenditure, for the purpose of influencing the results of the election. It expenditure in support of or in opposition to any candidate or political party:
shall also include the use of facilities personally owned by the candidate,
the money value of the use of which can be assessed based on the rates • The candidate;
prevailing in the area. • The treasurer of a political party;
• Any person authorized by such candidate or treasurer.
Limitations on expenditures
Expenditures duly authorized by the candidate or the treasurer of
(Sec. 13, R.A. 7166) the political party shall be considered as expenditures of such candidate or
political party. The authority to incur expenditures must:
The aggregate amount that a candidate or registered political
party may spend for an election campaign shall be as follows: (1) be in writing;
(2) be signed by the candidate or the treasurer of the party;
For Candidates (3) show the expenditures so authorized;
(4) state the full name and exact address of the person so
designated; and
• President and Vice-President: P 10 for every voter (5) be furnished the COMELEC.
currently registered
• Other Candidates: P 3 for every voter current registered Prohibited donations
in the constituency where he filed his certificate of
candidacy (Sec. 104, B.P. 881)
• Candidates Without a Political Party: P 5 for every
No candidate, his or her spouse or any relative within the second
voter
civil degree of consanguinity or affinity, or his campaign manager, agent or
representative shall during the campaign period, on the day before and on
For Political Parties
the day of the election, directly or indirectly, make any donation,
contribution or gift in cash or in kind, or undertake or contribute to the
P 5 for every voter currently registered in the
construction or repair of roads, bridges, school buses, puericulture centers,
constituency or constituencies where it has official
medical clinics and hospitals, churches or chapels cement pavements, or
candidates
any structure for public use or for the use of any religious or civic
organization.
Lawful expenditures
The same prohibition applies to treasurers, agents or
(Sec. 102, B.P. 881) representatives of any political party.
No candidate or treasurer of a political party shall, directly or Normal and customary religious dues or contributions, such as
indirectly, make any expenditure except for the following purposes: religious stipends, tithes or collections on Sundays or other designated
collection days, as well as periodic payments for legitimate scholarships
(a) For traveling expenses of the candidates and established and school contributions habitually made before the prohibited
period, are excluded from the prohibition.
campaign personnel in the course of the campaign
and for personal expenses incident thereto;
(b) For compensation of campaigners, clerks, Duties of candidates and political parties
stenographers, messengers, and other persons
actually employed in the campaign; Accounting of contributions and expenditures
(c) For telegraph and telephone tolls, postage, freight and
express delivery charges; (Sec. 105, B.P. 881)
(d) For stationery, printing and distribution of printed matters
relative to candidacy; Every person receiving contributions or incurring expenditures by
(e) For employment of watchers at the polls; authority of the candidate or treasurer of the party shall, on demand by the
(f) For rent, maintenance and furnishing of campaign candidate or treasurer of the party, render to the candidate or treasurer
headquarters, office or place of meetings; concerned a detailed account thereof with proper vouchers or official
(g) For political meetings and rallies and the use of sound receipts. Such accounting must be given within 5 days after receiving such
systems, lights and decorations during said meetings contribution or incurring such expenditure.
and rallies;
(h) For newspaper, radio, TV and other public
advertisements; Keeping of detailed records of contributions and expenditures
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Keeping of records Failure to file the required statements or reports constitutes an
administrative offense. Offenders are liable to pay an administrative fine
Every candidate and treasurer of the party shall keep detailed, ranging from P 1,000.00 to P 30,000.00. Such fine shall be paid within 30
full, and accurate records of all contributions received and expenditures days from receipt of notice of such failure; otherwise, the COMELEC shall
incurred by him and by those acting under his authority, setting forth enforce the same by issuing a writ of execution against the properties of
therein all information required to be reported. (Sec. 106b, B.P. 881) the offender. The commission of a second or subsequent offense under
this section subjects the offender to an increased fine ranging from P
Issuance of receipt 2,000.00 to P 60,000.00, and to a perpetual disqualification to hold office.
(Sec. 14, R.A. 7166)
Every candidate, treasurer of the political party, and person
acting under the authority of such candidate or treasurer has the duty to: Except: Candidates for elective barangay office
(1) issue a receipt for every contribution received; and Pilar vs. COMELEC (245 SCRA 759)
(2) keep a receipt stating the particulars of every expenditure
made. The Supreme Court said that the requirement to file the
statement covers even those who WITHDREW as candidates after having
Preservation of records filed their certificates because sec 14, RA 7166 does not make any
distinction.
Records of contributions and expenditures must be preserved for
at least 3 years after the holding of the election to which they pertain, for Duties of contractors, suppliers and business firms
their production for inspection by the COMELEC or its duly authorized
representative, or upon presentation of a subpoena duces tecum duly Persons or firms to whom any electoral expenditure is made
issued by the COMELEC. have the duty to:
Failure of the candidate or treasurer to preserve such records or (a) Require every agent of a candidate or of the treasurer of a
documents shall be deemed prima facie evidence of violation of this political party to present written authority to incur electoral
provision of law. (Sec. 106c, B.P. 881) expenditures in behalf of such candidate or treasurer.
(a) the amount of contribution, date of receipt, and the full THE ELECTION PROPER
name and exact address of the person from whom the
contribution was received; IN GENERAL
(b) the amount of every expenditure, the date thereof, the
full name and exact address of the person to whom What constitutes an election
payment was made, and the purpose of the expenditure;
(c) any unpaid obligation, its nature and amount, and to
whom said obligation is owing; and An election is constituted when there is a plurality of votes
(d) such other particulars which the COMELEC may require. sufficient for a choice conditioned on the plurality of valid votes or a valid
constituency regardless of the actually number of votes cast. Otherwise,
If the candidate or treasurer of the party has received no there would be no winner.
contribution, made no expenditure, or has no pending obligation, the
statement shall reflect such fact. (Sec. 109, B.P. 881) It is not necessary that a majority of voters should have elected
the winning candidate. Even if a candidate wins due to a minority vote, if
Effect of Failure to File the election is lawfully held, a plurality of the majority is sufficient.
No person elected to any public office shall enter upon the duties Those who did not vote are assumed to assent to the action of
of his office until he has filed the statement of contributions and those who voted.
expenditures. (Sec. 14, R.A. 7166) The same prohibition also applies if the
political party of the winning candidate fails to file the statement within the Failure of elections
required period
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Grounds for declaration of failure of elections However, in case of such vacancy in the Senate, the special
election shall be held simultaneously with the succeeding regular election.
In the case of Joseph Peter Sison v. COMELEC (G.R. No.
134096, March 3, 1999), the Supreme Court said that there are only 3 CASTING OF VOTES
instances where a failure of elections may be declared, namely:
Secrecy of the Ballot
(1) The election in any polling place has not been held on the
date fixed on account of force majeure, violence, terrorism, The distinguishing feature of this mode of voting, is that every
fraud, or other analogous causes; voter is thus enabled to secure and preserve the most complete and
violable secrecy in regard to the person for whom he votes, and thus
(2) The election in any polling place had been suspended escapes the influences which, under the system of oral suffrages, may be
before the hour fixed by law for the closing of the voting on brought to bear upon him with a view to overbear and intimidate, and thus
account of force majeure, violence, terrorism, fraud, or other prevent the real expression of public sentiment.
analogous causes; and
A legal voter will not be compelled to disclose for whom he
voted. Moreover, third persons are not permitted to testify to its purport.
(3) After the voting and during the preparation and transmission
of the election returns or in the custody or canvass thereof The voter may, however, if he chooses, waive his privilege of
such election results in a failure to elect on account of force secrecy and voluntarily disclose the contents of his ballot. Thus, it was
majeure, violence, terrorism, fraud or other analogous held in the case of ABS-CBN v. COMELEC (January 28, 2000) that exit
causes. polls are valid since they are voluntary and do not require a voter to reveal
the contents of his or her ballot if he or she does not want to.
The causes for the declaration of a failure of election may occur
before or after the casting of votes or on the day of the election. (Sec. 4,
R.A. 7166) Method of voting
The declaration of a failure of election is decided by the The voter must personally deposit his ballot.
COMELEC en banc by a majority vote of its members. (Sec. 4, R.A. 7166)
By the principle that what is done in one’s presence and by his
Procedure for declaration of failure of elections shall be express direction is, in law, his act, an infirm or aged voter may
discussed in the last part of this reviewer. undoubtedly employ another to perform the mechanical act of depositing in
the voter’s presence the ballot which the latter has himself selected.
Holding or continuation of election
Voter must vote but once.
The COMELEC shall call for the holding or continuation of the
election on a date reasonably close to the date of the election not held, Each voter shall vote but once, at any election, for each office or
suspended, or which resulted in a failure to elect but not later than 30 days measure to be voted for.
after the cessation of the cause of such suspension or failure to elect.
(Sec. 6, B.P. 881) Voter need not vote the whole ticket.
Postponement of elections It is entirely optional with the voter whether he will vote at all or
not, and he may vote for such offices as he chooses and for such of the
several persons to be chosen to the same office as he prefers.
Grounds for postponement of elections
Powers of the Board of Election Inspectors (Sec. 168, BP 881) CASTING OF VOTES
• Conduct the voting and counting of votes in their respective In every case, before delivering an official ballot to the voter, the
polling places; chairman of the Board of Election Inspectors shall affix his signature at the
back of the ballot in the presence of the voter.
• Act as deputies of the Commission in the supervision and
control of the election in the polling places wherein they are Failure to authenticate shall be noted in the minutes of the Board
assigned, to assure the holding of the same in a free, of Election Inspectors and shall constitute an election offense. (Sec. 24,
orderly and honest manner; R.A. 7166)
• Perform such other functions prescribed by the Omnibus There is nothing in the law that provides that a ballot which has
Election Code or by the rules and regulations promulgated not been authenticated shall be deemed spurious. The law merely makes
by the COMELEC the Chairman of the Board of Election Inspectors accountable for such an
omission. (Libanan v. HRET, G.R. No. 129783, December 22, 1997)
Proceedings Thus, it was held in Punzalan v. COMELEC (289 SCRA 702) that the ballot
is valid even if it is not signed at the back by the BEI Chairman.
Shall be public and held only in the polling places.
Preparing the ballot and voting
Exception: the counting of the votes and the preparation of the
return may be done in the nearest safe baranggay or school building within (1) The voter, upon receiving his folded ballot, shall
86
forthwith proceed to one of the empty voting booths and shall there
fill his ballot by writing in the proper space for each office the name No voter shall change his ballot more than once.
of the individual candidate for whom he desires to vote. (Sec. 14, R.A. 8436)
• to stay therein for a longer time than necessary (2) After the voter has filled his ballot he shall fold it in the same
manner as when he received it and return it to the chairman.
• to speak with anyone other than as herein (3) In the presence of all the members of the board of election
provided while inside the polling place. inspectors, he shall affix his thumbmark on the corresponding space
in the coupon, and deliver the folded ballot to the chairman.
It shall be unlawful:
(4) The chairman, in the presence and view of the voter and all
• to prepare the ballot outside the voting booth; the members of the board of election inspectors, without unfolding
the ballot or seeing its contents, shall verify its number from the
• to exhibit its contents to any person voting record where it was previously entered.
• to erase any printing from the ballot
Any ballot whose number does not coincide with the
• to intentionally tear or deface the same or put number of the ballot delivered to the voter, as
thereon any distinguishing mark; entered in the voting record, shall be considered as
spoiled and shall be so marked and signed by the
• to use carbon paper, paraffin paper, or other means members of the board of election inspectors.
for making a copy of the contents of the ballot;
• to make use of any other means to identify the vote (5) The voter shall affix his thumbmark by the side of his
signature in the space intended for that purpose in the voting record
of the voter.
and the chairman shall apply silver nitrate and commassie blue on
the right forefinger nail or on any other available finger nail, if there
Preparation of Ballots for Illiterates and Disabled Persons (Sec.
be no forefinger nail.
196, B.P. 881)
(6) The chairman shall sign in the proper space beside the
No voter shall be allowed to vote as an illiterate or as a physically
thumbmark of the voter.
disabled unless it is so indicated in his registration record.
Note that the absence of the signature of the
A voter who is illiterate or physically unable to prepare the ballot
chairman in the ballot given to a voter as proof of
by himself may be assisted in the preparation of his ballot by the
the authenticity of the ballot, is fatal.
following:
(7) The chairman, after finding everything to be in order, shall
(a) a relative by affinity or consanguinity within the fourth
then detach the coupon in the presence of the board of election
civil degree, or
inspectors and of the voter and shall deposit the folded ballot in the
compartment for valid ballots, and the detached coupon in the
(b) if (a) is not available, then any person of his
compartment for spoiled ballots.
confidence who belongs to the same household; or
Any ballot returned to the chairman whose
(c) any member of the board of election inspectors.
detachable coupon has been removed not in the
presence of the board of election inspectors and
In no case shall an assistor assist more than 3 times.
of the voter, shall be considered as spoiled and
shall be so marked and signed by the members
The person assisting shall:
of the board of election inspectors.
• prepare the ballot for the illiterate or disabled voter
(8) The voter shall then depart.
inside the voting booth;
• bind himself in a formal document under oath to fill Challenge of Illegal Voters
out the ballot strictly in accordance with the
instructions of the voter and not to reveal the (Sec. 199, B.P. 881)
contents of the ballot prepared by him.
Any voter or watcher may challenge any person offering to vote
A violation of these 2 duties shall constitute an election for not being registered, for using the name of another or suffering from
offense. existing disqualification. In such case, the board of election inspectors shall
satisfy itself as to whether or not the ground for the challenge is true by
Spoiled Ballots requiring proof of registration or the identity of the voter.
If a voter should accidentally spoil or deface a ballot No voter shall be required to present his voter's affidavit on
in such a way that it cannot lawfully be used, he election day unless his identity is challenged. His failure or inability to
shall surrender it folded to the chairman who shall produce his voter's affidavit upon being challenged, shall not preclude him
note in the corresponding space in the voting record from voting if his identity be shown from the photograph, fingerprints, or
that said ballot is spoiled. The voter shall then be specimen signatures in his approved application in the book of voters or if
entitled to another ballot which the chairman shall he is identified under oath by a member of the board of election inspectors
give him after announcing the serial number of the and such identification shall be reflected in the minutes of the board.
second ballot and recording the serial number in the
corresponding spaces in the voting record. Challenge Based on Certain Illegal Acts (Sec. 200, B.P. 881)
87
• such other matters that the Commission may
Any voter or watcher may challenge any voter offering to vote on any of the require.
following grounds:
Copies of this statement after being duly accomplished shall be sealed in
• that the challenged person has received or expects separate envelopes and shall be distributed as follows:
to receive, has paid, offered or promised to pay,
has contributed, offered or promised to contribute • the original to the city or municipal election
money or anything of value as consideration for his registrar;
vote or for the vote of another; • the second copy to be deposited inside the
compartment for valid ballots of the ballot box;
• that he has made or received a promise to
influence the giving or withholding of any such vote; • the third and fourth copies to the
or representatives of the accredited political
parties. (Sec. 203, B.P. 881)
• that he has made a bet or is interested directly or
indirectly in a bet which depends upon the result of List of Unused Ballots
the election.
The chairman of the board of election inspectors shall prepare a
The challenged person shall take a prescribed oath before the list showing the number of unused ballots together with the serial numbers.
board of election inspectors that he has not committed any of the acts
alleged in the challenge. Upon the taking of such oath, the challenge shall This list shall be signed by all the members of the board of
be dismissed and the challenged voter shall be allowed to vote, but in case election inspectors, after which all the unused ballots shall be torn halfway
of his refusal to take such oath, the challenge shall be sustained and he in the presence of the members of the board of election inspectors. (Sec.
shall not be allowed to vote. 204, B.P. 881)
Records or Statements to be Prepared and Kept Counting to be Public and Without Interruption
Record of Challenges and Oaths As soon as the voting is finished, the board of election inspectors
shall publicly count in the polling place the votes cast and ascertain the
The poll clerk shall keep a prescribed record of challenges and results. The Board shall not adjourn or postpone or delay the count until it
oaths taken in connection therewith and the resolution of the board of has been fully completed, unless otherwise ordered by the COMELEC.
election inspectors in each case and, upon the termination of the voting,
shall certify that it contains all the challenges made. Venue for counting of votes
The original of this record shall be attached to the original copy The COMELEC in the interest of free, orderly, and honest
of the minutes of the voting as provided in the succeeding section. (Sec. elections, may order the board of election inspectors to count the votes and
202, B.P. 881) to accomplish the election returns and other forms prescribed under the
Omnibus Election Code in any other place within a public building in the
Minutes of Voting and Counting of Votes same municipality or city. The public building shall not be located within
the perimeter of or inside a military or police camp or reservation nor inside
The board of election inspectors shall prepare and sign a a prison compound.
statement in four copies setting forth the following:
If it becomes necessary to transfer the counting of votes to a
• time the voting commenced and ended; safer place on account of imminent danger of violence, terrorism, disorder
• serial numbers of the official ballots and or similar causes, the Board of Election Inspectors may effect such transfer
election returns, special envelopes and seals by unanimous approval by the Board and concurrence by the majority of
received; the watchers present. (Sec. 18, R.A. 6646)
• number of official ballots used and the number
left unused; Manner of Counting Votes
• number of voters who cast their votes;
• number of voters challenged during the voting; 1. The board of election inspectors shall unfold the ballots
and form separate piles of one hundred ballots each,
• names of the watchers present;
which shall be held together with rubber bands, with
• time the counting of votes commenced and
cardboard of the size of the ballots to serve as folders.
ended;
• number of official ballots found inside the 2. The chairman of the board of election inspectors shall
compartment for valid ballots; take the ballots of the first pile one by one and read the
• number of valid ballots retrieved from the names of candidates voted for and the offices for which
compartment for spoiled ballots, if any; they were voted in the order in which they appear
• number of ballots found folded together, if any; thereon, assuming such a position as to enable all of
• number of spoiled ballots withdrawn from the the watchers to read such names.
compartment for valid ballots;
• number of excess ballots; 3. The chairman shall sign and affix his right hand
• number of marked ballots; thumbmark at the back of the ballot immediately after it
• number of ballots read and counted; is counted.
• time the election returns were signed and
sealed in their respective special envelopes; 4. The poll clerk, and the third member, respectively, shall
• number and nature of protests made by record on the election returns and the tally board or
watchers; sheet each vote as the names voted for each office are
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read. (The election returns are mandated by law to be of evidence aliunde clearly showing the intention or plan was for purposes
prepared simultaneously with the counting of the votes.) of identification, signs on ballots are presumed accidental.
5. After finishing the first pile of ballots, the board of A majority vote of the board of election inspectors shall be
election inspectors shall determine the total number of sufficient to determine whether a ballot is marked or not.
votes recorded for each candidate, the sum being noted
on the tally board or sheet and on the election returns. All marked ballots shall be placed in an envelope labeled
In case of discrepancy such recount as may be "marked ballots" which shall be sealed and signed by the members of the
necessary shall be made. The ballots shall then be board of election inspectors and placed in the compartment for valid ballots
grouped together again as before the reading. and shall not be counted.
Thereafter, the same procedure shall be followed with
the second pile of ballots and so on successively. Instances of Marked Ballots
6. After all the ballots have been read, the board of Non-official ballots which the board of election inspectors may
election inspectors shall sum up the totals recorded for find, EXCEPT those which have been used as emergency ballots, are
each candidate, and the aggregate sum shall be considered as marked ballots. Other examples of marked ballots include
recorded both on the tally board or sheet and on the the following:
election returns.
8. The tally board or sheet as accomplished and certified • Where the name of 1 candidate is clearly and markedly indented
by the board of election inspectors shall not be changed to the right to make the ballot easily distinguishable.
or destroyed but shall be kept in the compartment for
valid ballots. • Use of two or more kinds of writing deliberately put by the voter to
serve as identification marks.
Duties of the Board of Election Inspectors in Counting the Votes
• Writing the name of a person who is not a candidate 3 times on 3
The board’s duties are confined to the conduct of the elections spaces provided for in different offices.
and the counting of votes. The board of election inspectors does not decide
the eligibility of candidates, and therefore has no authority to ignore the • Expressions opposite the space for candidates written for the
votes for a candidate who has filled out his certificate of candidacy in the purpose of identification.
proper form.
• The inclusion of the names of 2 well-known movie stars who were
Counting should be liberal to effectuate the will of the electorate. not candidates.
Voters should not be disenfranchised for technical causes.
• Writing the name of a registered voter who is not a candidate.
It is the duty of the board of election inspectors to issue a
certificate of the number of the votes received by a candidate upon request • The placing, without explanation of initials, after the corrected
of the watchers. All the members of the board of election inspectors shall names of candidates for mayor and vice-mayor.
sign the certificate.
• Placing a big letter “X” immediately after the name of a candidate
Marked Ballots for councilor.
Marked ballots defined • The capital letter “N” opposite the printed words for senators.
Marked ballots are ballots containing a distinguishing mark which • Writing the word “sinador” in a place far and separate from the
would tend to identify the voter who cast such ballot. proper spaces for candidates.
Purpose of Disallowing Marked Ballots • Writing impertinent, irrelevant and unnecessary expression
Some unscrupulous persons taking advantage of their influence • Placing the fingerprint of the voter without reason.
or political prestige may require voters to place a distinguishing “mark” on
their ballot, in consideration of some promise, reward or other valuable • The presence of an arrow together with the words “and party”.
consideration and to which the voters would have no escape because of
the distinguishing marks required of them to place on their ballots. This Instances when Ballot is not Considered Marked
threatens the independence of the voters in the exercise of their right to
vote. Hence, the prohibition on marked ballots. The following ballots have been considered NOT marked:
Effect of Marked Ballots • Writing the word “sorry” after the name of a candidate as an
expression of regret for committing a mistake.
Marked ballots are invalidated in their entirety, and none of the
votes therein are counted. • Canceling names and re-writing them to conform with a sample
ballot.
Determination of Marked Ballots
• Misspelling the name of a candidate.
In discounting marked ballots, great care should be used in
rejecting them. Election laws are designed to effectuate the will of the
• Illegible writings, being imprints of other names written on the
electorate. Only in an unmistakable case where the ballot appeared to be
ballot caused by the folding of the same.
marked, should it be rejected.
The determinative factor in the nullification of ballots for being • Writing crosses and circles signifying the desistance of the voter to
marked as following a design or pattern, is the existence of evidence write any other name.
aliunde tending to show the intention or purpose in the use of the contested
manner or means of voting, which is to identify the ballots. In the absence • Writing a word before the name of a candidate as an appellation of
affection or friendship.
89
Considered as a STRAY
• Affixing the nickname of a candidate. Vote for a candidate who has been
vote but shall not invalidate
disqualified by final judgment
the whole ballot
• Innocent erasures in the spaces for the candidates.
Only candidates’ FIRST NAME or
• Corrected name written over the canceled one on the space for SURNAME is written, and there is NO other Vote for the candidate is
councilor although he is a candidate for mayor. candidate with the same first name or valid
surname for the same office
• Mistakes in writing names of local candidates in spaces for
Only candidates’ FIRST NAME is written Vote counted in favor of
senators and writing again the names of his candidates for
which when read has a SOUND SIMILAR to the candidate with such
councilors in the proper spaces.
the SURNAME of another candidate SURNAME
• Unintentional, accidental, unintelligible marks or words. If there are 2 or more candidates with the
SAME FULL NAME, FIRST NAME or
Vote counted for the
• Accidental placing of a stain. SURNAME, and one of them is the
INCUMBENT
INCUMBENT, and on the ballot is written
• Voting names of non-candidates in the absence of evidence that ONLY such full name, first name or surname
these names were used as identifying marks.
Woman candidate uses her MAIDEN NAME A ballot bearing only such
or MARRIED NAME or BOTH, and there is surname shall be counted
Appreciation of Ballots another candidate with the SAME in favor of the candidate
SURNAME who is an INCUMBENT.
Guiding Principles in the Appreciation of Ballots
Vote shall NOT be counted
DOUBTS are to be resolved in FAVOR of the validity of ballots. for any of them UNLESS
The purpose is of election laws is to give effect and not to frustrate the 2 or more words are written on the SAME one is the surname of the
WILL of the voter. LINE on the ballot, and ALL of which are the incumbent who has served
SURNAMES of 2 or MORE CANDIDATES for at least 1 year –
LIBERAL CONSTRUCTION in reading the ballots, and counted for the
intendments should be in favor of a reading which render the ballot INCUMBENT
EFFECTIVE rather than in favor of a conclusion which on some technical
grounds would render it ineffective. 2 or more words are written on DIFFERENT
LINES on the ballot, ALL of which are the
Minor blemishes should not affect the validity of the ballot where SURNAMES of 2 MORE CANDIDATES
Vote counted in favor of
the intention of the voter to vote for certain persons is discernible in the bearing the same surname for an OFFICE of
ALL CANDIDATES bearing
ballot. r which the law authorizes the election of
the surname
MORE THAN ONE and there are the SAME
Errors in spelling, honest mistakes due to ignorance or illiteracy NUMBER of such SURNAMES written as
should not defeat the intention of the voter. However, if the ballot is so there are candidates with that surname
defective as to fail to show any intention, it must be disregarded. 1 word is written on the ballot which is the
Vote counted for the
FIRST NAME of a candidate and which is
Sanchez vs. COMELEC ( 153 SCRA 67) OPPONENT (SURNAME)
also the SURNAME of his opponent
Appreciation of ballots is a function of the BEI, not the Board of 2 words written on the ballot, 1 of which is
Vote shall NOT be counted
Canvassers. the FIRST NAME of the candidate and the
for either
other is the SURNAME of his opponent
Bautista vs. Castro ( 206 SCRA 305)
Name or surname INCORRECTLY
In appreciating a ballot, the object should be to ascertain and WRITTEN which when READ has a SOUND
Vote counted in favor of
carry into effect the intention of the voter if it can be determined with SIMILAR to the name or surname of a
such a candidate
reasonable certainty. candidate when correctly written (Idem
sonans rule)
Rules for Appreciation of Ballots (Sec. 211, BP 881) Vote shall be counted for
the candidate for the office
Every ballot shall be PRESUMED VALID UNLESS there is clear and good for which he is running for.
reason to reject it.
Name or surname of a candidate appears in
BALLOT HOW COUNTED the space of the ballot for an office for which Vote for the office for which
he is a candidate and for an office for which he is NOT a candidate
Ballots containing the name of a candidate he is NOT a candidate shall be considered a
affixed thereto through any MECHANICAL Totally VOID STRAY vote EXCEPT
process when it is used to identify
the voter in which case the
Ballot clearly appears to have been FILLED whole ballot is VOID.
by 2 DIFFERENT PERSONS before Totally VOID
deposited in ballot box Name of a candidate is NOT written in the
PROPER SPACE on the ballot but is Vote counted for the
Ballot written with CRAYON, LEAD PENCIL PRECEDED by the name of the OFFICE for candidate
Valid
or INK, wholly or in part which he is a candidate
INITIALS only or ILLEGIBLE or does NOT Considered as a STRAY Vote counted in favor of
sufficiently identify the candidate for whom it vote BUT shall NOT Words written on the APPROPRIATE
that candidate to whose
is intended invalidate the whole ballot BLANK on the ballot is the IDENTICAL
ticket belong all the other
NAME or SURNAME or FULL NAME of 2 or
Vote for a person who has not filed a candidates voted for in the
Considered as a STRAY MORE candidates for the SAME OFFICE,
certificate of candidacy or in favor of a same ballot for the same
vote BUT shall NOT none of whom is the incumbent
candidate for an office for which he did not constituency.
invalidate the whole ballot
present himself PREFIXES such as "Sr.", "Mr.", "Datu", PREFIXES AND
90
"Don", "Ginoo", "Hon.", "Gob." or SUFFIXES Note that a vote for the President is no longer considered a vote
SUFFIXES are valid for the Vice-President running under the same ticket as the 1987
like "Hijo", "Jr.", "Segundo"
Constitution already prohibits block voting. (Although the party-list system
Considered as signs of his may be deemed as an exemption to that prohibition.)
CIRCLES, CROSSES, LINES on spaces desistance from voting and
which the voter has not voted shall NOT invalidate the Election Returns
ballot
Space in the ballot appears a NAME of a Definition
Vote counted for the one
candidate that is ERASED and another
CLEARLY WRITTEN The election returns are the official document containing the date
CLEARLY WRITTEN
of the election, the province, municipality and the precinct in which it is
ACCIDENTAL tearing or perforation of the held, and the votes received by each candidate written in figures and in
Shall NOT annul it
ballot words. It is the document on which the Certificates of Canvass are based,
and is the only document that constitutes sufficient evidence of the true
Failure to remove the DETACHABLE and genuine results of the elections. (See Garay v. COMELEC, 261
Shall NOT annul the ballot
COUPON from the ballot SCRA 222)
Erroneous initial of FIRST NAME
Number of Copies and Their Distribution
accompanied by CORRECT SURNAME of Shall NOT annul the vote
the candidate
(Sec. 27, R.A. 7166, as amended by R.A. 8045 and R.A. 8173)
Erroneous initial of SURNAME accompanied
by CORRECT FIRST NAME of the Shall NOT annul the vote The board of election inspectors shall prepare in their
candidate handwriting the returns in their polling places, in the number of copies
herein provided and in the form to be prescribed and provided by the
Erroneous MIDDLE INITIAL Shall NOT annul the vote COMELEC.
The fact that there exists another person In the election of President, Vice-President, Senators, and
who is NOT a candidate with the same first Shall NOT annul the vote Members of the House of Representatives, the copies of the election
name or surname of a candidate returns shall be distributed as follows:
COMMAS, DOTS, HYPHENS between the
first name and surname of the candidate or 1st Copy: City or municipal board of canvassers
on other parts of the ballot 2nd Copy: Congress, directed to the Senate President
Shall NOT invalidate the 3rd Copy: COMELEC
ballot UNLESS it clearly 4th Copy: Dominant majority party, as determined by the COMELEC
Traces of letter “T” or “J” or similar ones appears that they were 5th Copy: Dominant minority party, as determined by the COMELEC
deliberately put by the 6th Copy: Citizens' arm authorized by the COMELEC to conduct an
voter as IDENTIFICATION unofficial count
First letters or syllables of names which the marks in which case, the 7th Copy: Deposited inside the compartment of the ballot box for valid
voters does not continue ballot is VOID ballots
UNINTENTIONAL or ACCIDENTAL
flourishes, strokes, strains In the election of local officials, the copies of the election returns
shall be distributed as follows:
Shall NOT annul the vote
NICKNAMES and APPELATIONS of
EXCEPT when such is 1st Copy: City or municipal board of canvassers
affection and friendship accompanied by the
used to identify the voter in 2nd Copy: COMELEC
FIRST NAME or SURNAME of the
which case, the whole 3rd Copy: Provincial board of canvassers
candidate
ballot is VOID 4th Copy: Dominant majority party, as determined by the COMELEC
NICKNAME used is one by which the Vote counted for the 5th Copy: Dominant minority party, as determined by the COMELEC
candidate is generally or POPULARLY candidate IF there is no 6th Copy: Citizens' arm authorized by the COMELEC to conduct an
KNOWN in the locality and other candidate for the unofficial count
UNACCOMPANIED by a first name or SAME OFFICE with the 7th Copy: Deposited inside the compartment of the ballot box for valid
surname of the candidate SAME NICKNAME ballots
Chairman Provincial election supervisor or lawyer in City election registrar or a lawyer of Election registrar or a representative of
the regional office of the COMELEC COMELEC; COMELEC
Member provincial superintendent of schools city superintendent of schools most senior district school supervisor or in
his absence a principal of the school
district or the elementary school
However, in case of non-availability, absence, disqualification due to Board of Canvassers, the COMELEC may appoint the following as
relationship, or incapacity for any cause of any of the members of the substitutes, in the order named:
Chairman Ranking lawyer of the COMELEC Ranking lawyer of the COMELEC Ranking lawyer of the COMELEC
Vice Chairman (1) Provincial auditor (1) City auditor or equivalent; (1) Municipal Administrator;
(2) Registrar of Deeds (2) Registrar of Deeds; (2) Municipal Assessor;
(3) Clerk of Court nominated by the (3) Clerk of Court nominated by the (3) Clerk of Court nominated by the
Executive Judge of the RTC; Executive Judge of the RTC; Executive Judge of the MTC;
(4) Any other available appointive (4) Any other available appointive city (4) Any other available appointive
92
provincial official official municipal official
Member Same as for Vice-Chairman Same as for Vice-Chairman Same as for Vice-Chairman
(Sec. 231, B.P. 881)
Prohibitions on the Board of Canvassers The Board of Canvassers must meet not later than 6:00 p.m. on
election day to receive the election returns and canvass those received.
The Board of Canvassers must meet continuously from day to day until the
• The chairman and the members of the Board of Canvassers shall not canvass is completed. The Board of Canvassers may adjourn ONLY for
be related within the 4th civil degree of consanguinity or affinity to any the purpose of awaiting other election returns. When it adjourns, it shall
of the candidates whose votes will be canvassed by said board, or to make a total of all votes canvassed so far for each candidate for each
any member of the said board. (Sec. 222, B.P. 881) office furnishing the COMELEC in Manila a certified copy and to make
available copies to the media and other interested parties. The Board of
Canvassers must resume canvassing once more returns are received.
• No member or substitute member of the different boards of canvassers
shall be transferred, assigned or detailed outside of his official station, The canvass proceedings must be open and in public.
nor shall he leave said station without prior authority of the COMELEC
during the period beginning election day until the proclamation of the A majority vote of all the members of the Board of Canvassers is
winning candidates. (Sec. 223, B.P. 881) needed in order to render a decision.
• No member of the board of canvassers shall feign illness in order to be Period to Complete Canvass
substituted on election day until the proclamation of the winning
candidates. Feigning of illness constitutes an election offense. (Sec. Subject to reasonable exceptions, the Board of Canvassers is
224, B.P. 881) required to complete their canvass within the following periods:
Municipalities: 36 hours
Jurisdiction of COMELEC over the Board of Canvassers
Cities not comprising at least 1 legislative district: 36 hours
COMELEC has direct control and supervision over the board of
canvassers. Any member of the Board may, at any time, be relieved for Cities comprising at least 1 legislative district: 48 hours
cause and substituted motu propio by the COMELEC. (Sec. 227, B.P.
881) Provinces: 72 hours
COMELEC has the power to investigate and act on the propriety Any violation of this requirement is an election offense. (Sec.
or legality of the canvass of election returns made by the board of 231, B.P. 881)
canvassers.
Canvassing Committees (Sec. 22, R.A. 6646)
Nature of the Board of Canvassers’ Duties
The Board of Canvassers may constitute such number of
A canvassing board's task is to compile and add the results as canvassing committees as may be necessary for the board to complete the
they appear in the election returns transmitted to it. (Guiao v. COMELEC, canvass within the period prescribed.
137 SCRA 366)
Each committee shall be composed of 3 members, each
The COMELEC shall have direct control and supervision over the member to be designated by the chairman and members of the board.
board of canvassers. Before the election, all candidates shall be notified in writing of the number
of committees to be constituted so that they can designate their watchers
During the canvass, the Board of Canvassers prepares the Statement in each committee.
of Voters, which is tabulation per precinct of the votes obtain by the
candidates as reflected in the election returns. It is this Statement of Votes The committees shall be under the direct supervision and control
which forces the basis of the certificate of canvass and of the proclamation. of the board.
If there are no irregularities in the election returns, the duty of the There must be a strong prima facie case backed up by a specific
Board in canvassing the votes on the election returns submitted to it offer of evidence, and an indication of its nature and importance has to be
consists in the simple matter of arithmetic. Once the COMELEC or the made out to warrant the reception of evidence aliunde, for the presentation
board of canvassers is satisfied in the authenticity of the returns, it has no of witnesses and the delays necessarily entailed thereby.
power to look beyond the face thereof, and its task of tallying is merely
ministerial. When COMELEC has determined after investigation and
examination of the voting and registration records that ACTUAL VOTING
When there is an error in the computation which is discovered and ELECTION took place in the questioned precincts, election returns
after proclamation, the board of canvassers can simply correct the error; cannot be disregarded but are accorded prima facie status as bona fide
the remedy being purely administrative. reports of the result of voting for canvassing and proclamation purposes.
Duties of the Provincial, City, District and Municipal Board of Canvassers (Sec. 28, R.A. 7
BOC CANVASS PREPARE CERTIFICATE OF CANVASS PR
Pimentel Jr. vs. Joint Committee of Congress to Canvass the Votes The candidates so proclaimed shall have the right to assume
Cast for President and Vice President office in the same manner as if he had been elected by plurality of vote.
Even after Congress had adjourned its regular session, it may The board of canvassers shall forthwith make a certificate stating
continue to perform the constitutional duty of canvassing the presidential the name of the candidate who had been favored by luck and his
and vice-presidential election results without need of any call for a special proclamation on the basis thereof.
session by the President.
Nothing in the above shall be construed as depriving a candidate
PROCLAMATION of his right to contest the election.
A proclamation is void when it is based on incomplete returns MODES OF CHALLENGING CANDIDACY & ELECTION RESULTS
(Castromayor v. COMELEC, 250 SCRA 298) or when there is yet no
complete canvass (Jamil v. COMELEC, G.R. No. 123648, Dec. 15, 1997).
A void proclamation is no proclamation at all, and the proclaimed NUISANCE CANDIDATES &
candidate’s assumption into office cannot deprive the COMELEC of its CANCELLATION OF CERTIFICATE OF CANDIDACY
power to annul the proclamation.
Declaration of Nuisance Candidacy
Utto vs. Comelec (Gr 150111 Jan 31, 2002)
An incomplete canvass of votes is illegal and cannot be made (Sec. 5, R.A. 6646)
the basis of a proclamation. A canvass cannot be reflective of the true vote
of the electorate unless all returns are considered and none is omitted. Grounds for declaration of nuisance candidacy
The fact that a candidate illegally proclaimed has assumed office See discussion under Certificate of Candidacy.
is not a bar to the exercise by the Comelec of the authority to annul any
canvass and proclamation illegally made. Nature of proceedings
Where a proclamation is null and void, the proclaimed Proceedings to have a candidate declared as a nuisance
candidate’s assumption of office cannot deprive the Comelec of the power candidate are summary in nature. In lieu of oral testimonies, the parties
to declare such a proclamation a nullity. may be required to submit position papers together with affidavits or
counter-affidavits and other documentary evidence.
Partial proclamation (Sec. 21, R.A. 7166)
Procedure for declaration of candidate as nuisance candidate
Notwithstanding the pendency of any pre-proclamation
controversy, the COMELEC may summarily order the proclamation of other WHAT FILED: Verified petition
winning candidates whose election will not be affected by the outcome of
the controversy. WHO MAY FILE: Any registered candidate for the same office
Election Resulting in a Tie (Sec. 240, B.P. 881) WHEN FILED: Within 5 days from the last day for the filing of
certificates of candidacy
A tie occurs when:
WHERE FILED: With the COMELEC
(a) 2 or more candidates receive an equal and highest number of
votes; or PROCEDURE:
(b) 2 or more candidates are to be elected for the same position (1) The petition is filed with the COMELEC personally or through duly-
and 2 or more candidates received the same number of votes for authorized representative within 5 days from the last day for the
the LAST PLACE in the number to be elected. filing of certificates of candidacy. Filing by mail is not allowed.
The board of canvassers, by resolution, upon 5 days notice to all (2) Within 3 days from the filing of the petition, the COMELEC shall
issue summons to the respondent candidate, together with a copy totally any proclamation, if one has been made. (Sec. 242, BP 881)
of the petition and its enclosures, if any.
Olfato vs. Comelec ( 103 SCRA 741)
(3) The respondent shall then have 3 days from receipt of the
While the Comelec has merely appellate jurisdiction over
summons to file his verified answer (not a motion to dismiss) to
election contests involving municipal offices, it cannot be deprived of its
the petition, serving copy thereof upon the petitioner. Grounds for
exclusive jurisdiction over pre-proclamation contests.
a motion to dismiss may be raised as an affirmative defense.
It is immaterial if some of the grounds adduced are grounds for
(4) The COMELEC may then designate any of its officials who are
an election contest rather than for a pre-proclamation controversy.
lawyers to hear the case and receive evidence. In lieu of oral
testimonies, the parties may be required to submit position papers
together with affidavits or counter-affidavits and other documentary When not allowed
evidence. The hearing officer shall immediately submit to the
COMELEC his findings, reports, and recommendations within 5 Pre-proclamation controversies on matters relating to the
days from the completion of such submission of evidence. preparation, transmission, receipt, custody and appreciation of the election
returns or the certificates of canvass, are not allowed for the following
(5) The COMELEC shall then render its decision within 5 days from positions:
receipt of the findings of the hearing officer. This decision shall be
disseminated by the COMELEC to the city or municipal election • President
registrars, boards of election inspectors, and the general public in • Vice President
the political subdivision concerned within 24 hours through the • Senator
fastest available means.
• Member of the House of Representatives (Sec. 15, R.A. 7166)
(6) After 5 days from receipt of the parties, the decision becomes final
and executory unless stayed by the Supreme Court. However, this does not preclude the authority of the appropriate
canvassing body motu propio or upon written complaint of an interested
person to correct manifest errors in the certificate of canvass or election
Cancellation of Certificate of Candidacy
returns before it.
Grounds for cancellation of certificate of candidacy
Nature of proceedings
A certificate of candidacy may be cancelled or denied due
course on either of the following grounds: All pre-proclamation controversies shall be heard summarily by
the COMELEC after due notice and hearing. This is because canvass and
(1) False material representation in the certificate of candidacy; proclamation should be delayed as little as possible. Questions which
require more deliberate and necessarily longer consideration are left for
examination in the corresponding election protest. (Sison v. COMELEC,
(2) If the certificate filed is a substitute Certificate of Candidacy, G.R. No. 134096. March 3, 1999)
when it is not a proper case of substitution under Sec. 77 of BP
881 (Sec. 2, Rule 24, COMELEC Rules of Procedure) Parties adversely affected by a ruling of the board of canvassers on
questions affecting the composition or proceedings of the board may
Nature of proceedings appeal the matter to the Commission with 3 days from a ruling thereon.
The Commission shall summarily decide the case within 5 days from the
Proceedings for cancellation or denial of due course of a filling thereof ( Sec 19 RA 7166)
certificate of candidacy are summary in nature.
Dimaporo v. COMELEC
Procedure
The policy behind limiting the issues of the pre-proclamation
WHO MAY FILE: Any citizen of voting age, or controversy is to determine as quickly as possible the results of the
A duly registered political party, organization, or elections on the basis of the canvass. It may well be true that the public
coalition of political parties policy may occasionally permit the occurrence of grab the proclamation
and prolong the protest situations; that public policy however, balances the
WHEN FILED: Within 5 days from the last day for the filing of possibility of such situations against the shortening of the period during
certificates of candidacy which no winners are proclaimed, a period commonly fraught with tension
and danger for the public. For those who disagree with the policy, the
WHERE FILED: With the Law Department of the COMELEC recourse is with the legislature.
PRE-PROCLAMATION CONTROVERSIES The mandatory requirement to comply with the procedure for a
pre-proclamation controversy is in view of the policy to have a quick
Meaning of Pre-Proclamation Controversy determination of the election results.
Manifest errors
A pre-proclamation controversy refers to any question or matter
pertaining to or affecting the proceedings of the board of canvassers, or The Comelec may entertain petitions for the correction of “manifest
any matter raised under Sec. 233-236 of BP 881 in relation to the errors” in the Certificate of Canvass or in the election returns.
preparation, transmission, receipt, custody and appreciation of the election
returns. (Sec. 241, BP 881) To be “manifest”, the errors must appear on the face of the Certificates
of Canvass or election returns sought to be corrected, and objections
The institution of the pre-proclamation controversy was intended to thereto must have been made before the Board of Canvassers and
prevent the nefarious practice known as “grab-the-proclamation, prolong- specifically noted in the minutes of their respective proceedings (Chavez
the-protest”. vs. Comelec 211 SCRA 315)
Jurisdiction A “manifest error” is one that is visible to the eye or obvious to the
understanding; that which is open, palpable, incontrovertible, needing no
The COMELEC has exclusive jurisdiction over pre-proclamation evidence to make it more clear. ( O’Hara vs. Comelec GR no. 148941-42
cases. It may order, motu propio or upon written petition, the partial or total Mar 12, 2002)
suspension of the proclamation of any candidate-elect or annul partially or
Bince vs. Comelec
Neither can the Certificate of Votes be used for the canvass because it was
A petition for correction of errors in the Certificate of Canvass signed only by the Chairman.
may be filed at any time before proclamation.
(3) The election returns were:
Torres vs. Comelec
• prepared under duress, threats, coercion, intimidation or
Although the provision applies to a pre-proclamation controversy, • obviously manufactured or not authentic
there is nothing to prevent its application to cases in which the validity of
the proclamation is in question. Lagumbay v. Comelec (16 SCRA 175),
Since the Statement of Votes is the basis of the Certificate of The Supreme Court empowered the Commission on Elections to
Canvass and of the proclamation, any error in the Statement affects the nullify certain contested returns on the ground of "statistical
validity of the proclamation. improbabilities", when WE sustained the authority of the Commission to
examine voting records, the number of ballots and the number of votes
Ramirez vs. Comelec reportedly cast and tallied for each and every candidate, when the returns
are obviously false or fabricated. In said case, WE, adopted "a practical
Corrections should be made by inserting the corrections in the approach to the Commissions mission to insure a free and honest
Statement of Votes or by preparing a new Statement of Votes incorporating elections" by denying prima facie recognition to the election returns on the
the corrections. ground that they were manifestly manufactured or falsified.
Laodeno vs. Comelec ( 276 SCRA 705) • Prayer for re-opening of ballot boxes (Alfonso v. COMELEC,
G.R. No. 107847, June 2, 1994);
By participating in the proceedings, the petitioner is deemed to
have acquiesced in the composition of the Board of Canvassers.
• Padding of the Registry List of Voters of a municipality,
(2) Canvassed election returns are either: massive fraud and terrorism (Ututalum v. COMELEC, 181
SCRA 335);
• incomplete
• contain material defects • Challenges directed against the Board of Election Inspectors
• appear to be tampered with or falsified (Ututalum v. COMELEC, supra)
• contain discrepancies in the same returns or in other authentic
copies
• Fraud, terrorism and other illegal electoral practices. These
Patoray vs. Comelec (249 SCRA 440) are properly within the office of election contests over which
electoral tribunals have sole, exclusive jurisdiction. (Loong v.
It is an error for the Comelec to exclude from the canvass COMELEC)
election returns where the defect in the return refers only to some
incomplete data.
Procedure
Where the Certificate of Votes shows tampering, alteration and
falsification, or any other anomaly in the preparation of the election return, The procedure for filing a pre-proclamation controversy depends
the Comelec should order a recount of the votes cast in the precinct, after on the issue being raised:
determining that the ballot box has not been tampered with. The failure of
the Comelec to do so, after excluding the return, will result in the (a) Questions involving the composition or proceedings of the
disenfranchisement of the voters in the particular precinct. board of canvassers, or correction of manifest errors
Such objection is recorded in the minutes of canvass.
WHERE: The controversy may be initiated either in the Board of Simultaneous with the oral objection, the objecting party
Canvassers or directly with the COMELEC. (Sec. 17, enters his objection in the form for written objections
R.A. 7166) prescribed by the COMELEC.
WHEN: It depends: (2) Upon receipt of such objection, the Board automatically
defers the canvass of the contested returns and proceeds to
(a) If petition involves the illegal composition or canvass the returns which are not contested by any party.
proceedings of the board, it must be filed immediately
(3) Within 24 hours from and after the presentation of such
when the board begins to act as such (Laodeno v.
objection, the objecting party submits the evidence in
COMELEC, 276 SCRA 705), or at the time of the
support of the objection, which shall be attached to the form
appointment of the member whose capacity to sit as
for written objections.
such is objected to if it comes after the canvassing of the
board, or immediately at the point where the proceedings
Within the same 24-hour period, any party may file a written
are or begin to be illegal. Otherwise, by participating in
and verified opposition to the objection in the prescribed
the proceedings, the petitioner is deemed to have
COMELEC form, attaching supporting evidence, if any. The
acquiesced in the composition of the Board of
Board shall not entertain any objection or opposition unless
Canvassers.
reduced to writing in the prescribed forms.
(b) If the petition is for correction, it must be filed not later (4) The Board chairman immediately and formally admits the
than 5 days following the date of proclamation, and must evidence attached to the objection or opposition by affixing
implead all candidates who may be adversely affected his signature at the back of each and every page thereof.
thereby. (Sec. 5(b), Rule 27, COMELEC Rules of
Procedure) (5) Upon receipt of the evidence, the Board considers the
objection and the opposition, and summarily rules on the
PROCEDURE: objection. The Board then enters its ruling on the prescribed
form and authenticates the same by entering the signatures
If filed with the Board first: of all its members.
(1) Petitioner submits his / her objection to the chairman of the (6) The parties adversely affected by the ruling immediately
board of canvassers. inform the Board if they intend to appeal the ruling. Such
information is then entered in the minutes of canvass.
(2) The Board makes its ruling.
(7) The Board then sets aside the returns and proceeds to
(3) Within 3 days from the ruling, the parties adversely affected consider the other returns. The Board then suspends the
may appeal the matter to the COMELEC. canvass after all the uncontested returns have been
canvassed and the contested return ruled upon by it.
(4) Upon appeal, the COMELEC shall summarily decide the
(8) Within 48 hours from the ruling, the party adversely affected
case within 5 days from the filing thereof. (Sec. 19, R.A.
files a written and verified notice of appeal with the Board.
7166)
The party then files an appeal with the COMELEC within a
non-extendible period of 5 days thereafter.
If initiated directly with the COMELEC:
(9) Immediately upon receipt of the notice of appeal, the Board
(1) Petitioner files petition with the COMELEC.
makes an appropriate report to the COMELEC, elevating
therewith the complete records and evidence submitted in
(2) Upon the docketing of such petition, the Clerk of Court
the canvass, and furnishing the parties with copies of the
concerned shall issue summons with a copy of the petition
report.
to respondents.
(10) The COMELEC summarily decides the appeal within 7 days
(3) The Clerk of Court concerned shall immediately set the from receipt of the record and evidence elevated to it by the
petition for hearing. The COMELEC shall hear and decide Board.
the petition en banc.
(11) The COMELEC's decision becomes executory after the
The Board of Canvassers shall not commence, proceed or resume lapse of 7 days from receipt thereof by the losing party.
canvass unless otherwise ordered by the COMELEC. (Sec. 5, Rule 27,
COMELEC Rules of Procedure) (12) The COMELEC then authorizes the Board of Canvassers to
proceed with the proclamation of the winner. Any
(b) Matters relating to the preparation, transmission, receipt,
proclamation made without COMELEC authorization is void
custody and appreciation of the election returns and certificates
ab initio, unless the contested returns do not adversely
of canvass
affect the results of the election. (Sec. 20, R.A. 7166)
WHERE: Only with the Board of Canvassers
This procedure is mandatory. Non-compliance with any of the
steps above is fatal to the pre-proclamation petition.
WHEN: At the time the questioned return is presented for
inclusion in the canvass.
Effect of filing of pre-proclamation controversy
WHO: Any candidate, political party or coalition of political
parties The period to file an election contest shall be SUSPENDED
during the pendency of the pre-proclamation contest in the COMELEC or
PROCEDURE: the Supreme Court. (Alangdeo v. COMELEC, June 1989)
(1) The contesting party makes an oral objection to the The right of the prevailing party in the pre-proclamation contest
chairman of the Board of Canvassers at the time the to the execution of COMELEC’s decision does not bar the losing party from
questioned return is presented for inclusion in the canvass. filing an election contest.
DECLARATION OF FAILURE OF ELECTION
Despite the pendency of a pre-proclamation contest, the
COMELEC may order the proclamation of other winning candidates whose
election will not be affected by the outcome of the controversy. Nature of petition to declare a failure of election
Effect of proclamation of winning candidate A petition to declare a failure of election is neither an election
protest nor a pre-proclamation controversy. (Borja v. COMELEC, 260
SCRA 604)
A pre-proclamation controversy shall no longer be viable after
the proclamation and assumption into office by the candidate whose
election is contested. The remedy is an election protest before the proper Grounds for declaration
forum. (Mayor v. COMELEC, January 1989)
See discussion under Election Proper.
The prevailing candidate may still be unseated even though he
has been proclaimed and installed in office if: Jurisdiction of COMELEC
1. The opponent is adjudged the true winner of the election by The COMELEC, sitting en banc, may declare a failure of election
final judgment of court in an election contest; by a majority vote of its members. (Sec. 4, R.A. 71660
2. The prevailing party is declared ineligible or disqualified by The COMELEC, in the case of actions for annulment of election
final judgment of a court in a QUO WARRANTO case; or results or declaration of failure of elections, may conduct technical
examination of election documents and compare and analyze voters'
3. The incumbent is removed from office for cause. signatures and fingerprints in order to determine whether or not the
elections had indeed been free, honest and clean. (Loong v. COMELEC,
Abella v. Larrazabal supra)
Pre-proclamation controversies are summary in nature. The
Requisites for the declaration of failure of election
policy behind election law is that pre-proclamation controversies should be
summarily decided, consistent with the law’s desire that the canvass and
proclamation be delayed as little as possible. Thus, questions as to the Before the COMELEC can act on a verified petition seeking a
appreciation of ballots and the conduct of the campaign and balloting, declaration of failure of election, the following conditions must concur:
which require more deliberate and necessarily longer consideration are
proper for an election contest. (1) No voting has taken place in the precincts concerned on the
date fixed by law, or even if there was voting, the election
The dismissal of a pre-proclamation controversy does not mean nonetheless resulted in a failure to elect; and
that the disqualification case is moot and academic. The two are
independent of each other. The purpose of the pre-proclamation (2) The votes cast would affect the results of the election.
controversy is to ascertain the winners in the elections on the basis of (Mitmug v. COMELEC, 230 SCRA 54; Loong v. COMELEC,
election returns duly authenticated by the board of inspectors and admitted supra; Hassan v. COMELEC, 264 SCRA 125)
by the board of canvassers. The purpose of the disqualification proceeding
is to prevent the candidate from running, or if elected, from serving, or to The election is only to be set aside when it is impossible from
prosecute him for violation of election laws. The mere fact that a candidate any evidence within reach to ascertain the true result – when neither from
has been proclaimed does not signify that his disqualification is deemed the returns nor from other proof can the truth be determined (i.e. where the
condoned and may no longer be the subject of a separate investigation. illegality affects more than 50% of the total number of votes cast and the
remainder does not constitute a valid constituency).
Agbayani v. COMELEC
Procedure
The proclamation of a winning candidate makes a pre-
proclamation controversy no longer viable. The remedy is an election
protest, but this is only true where there is a valid proclamation or where (1) Petitioner files verified petition with the Law Department of the
the proclamation is based on a complete canvass. Where it is claimed that COMELEC.
there was an incomplete canvass or that certain returns should have been
omitted because they were manufactured and other returns cannot be (2) Unless a shorter period is deemed necessary by circumstances,
included because they have been irretrievably lost, the pre-proclamation within 24 hours, the Clerk of Court concerned serves notices to
controversy should still be continued despite the proclamation of the all interested parties, indicating therein the date of hearing,
supposed winner. COMELEC may in such a pre-proclamation controversy through the fastest means available.
determine if the proclamation should be annulled.
(3) Unless a shorter period is deemed necessary by the
The proclamation of the winner does not prevent COMELEC circumstances, within 2 days from receipt of the notice of hearing,
from continuing with the pre-proclamation controversy against the winner any interested party may file an opposition with the Law
and after annulling its proclamation. Department of the COMELEC.
Mayor vs Comelec (Jan. 1989) For purposes of election contests cognizable by the Electoral
Tribunals, the rules of procedure of such tribunals shall prevail over the
After proclamation and assumption of office, the proper remedy provisions of the Omnibus Election Code. (Lazatin v. HRET, 168 SCRA
is an election protest, not a pre-proclamation controversy. 39)
An election contest is imbued with public interest. The COMELEC has appellate jurisdiction over all contests
involving elective municipal officials decided by trial courts of general
The election contest must be liberally construed to favor the will jurisdiction (i.e., Regional Trial Courts) or involving elective barangay
of the people. An election contest may not be defeated by mere technical officials decided by trial courts of limited jurisdiction (i.e., the Municipal Trial
objections. Courts).
Until and unless the election protest is decided against him, a Decisions, final orders, or rulings of the COMELEC on election
person who has been proclaimed as duly elected has the lawful right to contests involving elective municipal and barangay offices shall be final,
assume and perform the duties and functions of the office. executory and not appealable. (Sec. 2, Art. IX-C, 1987 Constitution)
Note, however, that this does not preclude a recourse to the Supreme
Court by way of a special civil action for certiorari. (Galido v. COMELEC,
Distinction between Pre-Proclamation Controversy and Election
193 SCFA 78)
Contest
Regional and Municipal Trial Courts
1) The Dividing line: Proclamation of candidate
The Regional Trial Courts and Municipal Trial Courts have
2) Jurisdiction exclusive original jurisdiction over municipal and barangay officials,
respectively.
A. Pre-proclamation controversy
It must be noted that cases involving qualifications of candidates
1.The jurisdiction of COMELEC is administrative/quasi-judicial for the Sangguniang Kabataan filed before the election are decided by the
Election Officer, while those filed after the election are decided by the
2.It is governed by the requirements of administrative due MTCs. (Nachura, p. 389)
process
Powers of the COMELEC in relation to election contests
B. Election contest
1.The jurisdiction of COMELEC is judicial The power of COMELEC to decide election cases includes the
power to determine the validity or nullity of votes.
2.It is governed by the requirements of judicial process
The COMELEC has the power to issue writs of certiorari,
3) In some cases, even if the case (involving municipal officials) began prohibition, and mandamus. However, this power can only be exercised in
with the COMELEC before proclamation but a proclamation is made aid of its appellate jurisdiction. (Relampagos v. Cumba, 243 SCRA 690)
before the controversy is resolved, it ceases to be a pre-proclamation
controversy and becomes an election contest cognizable by the RTC. Kinds of election contests
4) However, in some cases, the SC has recognized the jurisdiction of There are 2 kinds of election contests that may be filed: an
COMELEC over municipal cases even after proclamation. election protest, and a quo warranto case.
The Supreme Court, sitting en banc, shall be the sole judge of all Any candidate who has filed a certificate of candidacy and has been
contests relating to the election, returns, and disqualifications of the voted upon for the same office, and who has not himself caused or
President, Vice-President, and may promulgate its rules for such purpose. contributed to the irregularities or frauds of which he complains
(Art. VII, Sec. 4, 1987 Constitution)
GROUNDS:
Electoral Tribunals of the Senate and House of Representatives
Fraud, terrorism, irregularities or illegal acts committed before,
The Senate and the House of Representatives have their own during or after the casting and counting of votes
electoral tribunals. Each electoral tribunal has 9 members: 3 Supreme
Court Justices, 6 members of the Senate or House of Representatives, as PERIOD FOR FILING:
the case may be, who shall be chosen on the basis of proportional
Within 10 days from proclamation of the results of the election Galido vs. Comelec (193 SCRA 78)
Where, after 5 days from the proclamation of the winning candidate, The fact that decisions, final orders or rulings of the Comelec in
the loser files a motion for reconsideration in the pre-proclamation appealed cases involving elective municipal and barangay officials are
controversy, there are only 5 days which remain of the period within final, executory and unappealable does not preclude a recourse to the
which to file an election protest. (Roquero v. COMELEC, 289 SCRA Supreme Court by way of a special civil action for certiorari. (But only when
150) Comelec’s factual determination is marred by grave abuse of discretion =
Alvarez vs. Comelec)
PROCEDURE:
Puzon vs. HRET (Feb. 1989)
A. For protests filed with the COMELEC (Rule 20 vis-à-vis
The Supreme Court declared the review of a decision of the
Rules 10-19, COMELEC Rules of Procedure)
Electoral Tribunal is possible only in the exercise of supervisory or
extraordinary jurisdiction, and only upon showing that the Tribunal’s error
(1) Protestant files a verified petition with the COMELEC within 10 days results from a whimsical, capricious, unwarranted, arbitrary or despotic
from proclamation and pays the required docket fees. Failure to pay exercise of power.
the basic docket fee will result in the dismissal of the protest.
(Gatchalian v. COMELEC, 245 SCRA 208) Lazatin vs. HRET (168 SCRA 391)
(2) The Clerk of Court of the COMELEC or the division concerned issues For purposes of election contests cognizable by the Electoral
the corresponding summons to the protestee within 3 days from the Tribunal, the HRET rules of procedure shall prevail over the provisions of
filing of the petition. the Omnibus Election Code.
(3) Protestee must file an answer within 5 days from service of summons B. For protests filed with the Regional Trial Courts (Rule 35,
and a copy of the petition. The protestee may incorporate in his
COMELEC Rules of Procedure)
answer a counter-protest or counterclaim.
(1) Protestant files a verified petition with the RTC within 10 days from
The COMELEC may not entertain a counter-protest filed beyond the
proclamation.
reglementary period to file the same. (Kho v. COMELEC, G.R. No.
124033, Sept. 25, 1997)
(2) Protestee must file an answer within 5 days after receipt of notice of
the filing of the petition and a copy of the petition.
(4) Protestant has 5 days from receipt of the answer or answer with
counterclaim or counter-protest to file his reply or answer to counter-
Should the protestee desire to impugn the votes received by the
protest or counterclaim, respectively.
protestant in other precincts, he may file a verified counter-protest
within the same period fixed for the filing of the answer.
If no answer is filed to the protest or counter-protest, a general denial
is deemed to have been entered.
(3) Protestant has 5 days from receipt of the counter-protest to file his
answer to such counter-protest.
(5) After the issues have been joined, the case shall be set for hearing
and presentation and reception of evidence.
(4) Any other candidate for the same office may intervene in the case
within 5 days from filing of the protest by filing a verified petition-in-
(6) After the case has been submitted for decision, the COMELEC shall intervention. The protestant or protestee shall answer the protest-in-
render its decision. If the case is being heard by a Division, the case intervention within 5 days after notice.
shall be decided within 10 days. If it is being heard by the COMELEC
en banc, it shall be decided within 30 days. (5) If no answer is filed to the protest, counter-protest or protest-in-
intervention within the specified time limits, a general denial is
(7) The decision of a division becomes final and executory after the lapse deemed to have been entered.
of 15 days following its promulgation. The aggrieved party may file a
timely motion for reconsideration within 5 days from promulgation of (6) After the issues have been joined, the case shall be set for hearing.
the decision on the grounds that the evidence is insufficient to justify Presentation and reception of evidence shall be completed within 30
the decision; or that the said decision is contrary to law. days from the date of the commencement thereof.
For the COMELEC en banc, the decision becomes final and (7) The Court shall decide the election contest within 30 days from the
executory 30 days from its promulgation. date it is submitted for decision, but in every case within 6 months
after its filing. Such decision shall declare who among the parties has
Veloria vs Comelec (211 SCRA 907) been elected, or in a proper case, that none of them has been legally
elected.
A motion for the reconsideration of the RTC decision is a
prohibited pleading and does not interrupt the 5-day period for appeal. (8) The decision becomes final 5 days after its promulgation. No motion
for reconsideration shall be entertained.
Garcia vs. De Jesus (206 SCRA 779) Should an aggrieved party wish to appeal the decision to the
COMELEC, he may do so by filing a notice of appeal within 5 days
But the Comelec cannot deprive the RTC of its competence to from promulgation of the decision.
order execution of its decision pending appeal, this being a judicial
prerogative and there being no law not authorizing the same; besides, the EFFECT OF DEATH OF PROTESTANT
Comelec rules would deprive the prevailing party of a substantial right to
move for such relief. The death of the protestant does not extinguish an election protest.
An election protest is imbued with public interest which raises it onto a
Relampagos vs. Cumba (243 SCRA 502) plane over and above ordinary civil actions, because it involves not only
the adjudication of the private interest of the rival candidates but also the
In the exercise of its exclusive appellate jurisdiction, the Comelec paramount need of dispelling once and for all the uncertainty that beclouds
has the power to issue writs of prohibition, mandamus or certiorari, the real choice of the electorate with respect to who shall discharge the
because the last par. of sec. 50 BP 697 is still in full force and effect and prerogatives of the office within their gift. (De Castro v. COMELEC, 267
has not been repealed nor amended by BP 881. (abandons Veloria and SCRA 806)
Garcia)
However, it is not the heirs of the deceased who shall be the
successors-in-interest to the suit, but the succeeding candidate-elect. For 2) SC without jurisdiction, HRET proper forum as sole judge of all
example, if the deceased was a candidate for governor, the real party in contests relating to the election, returns and qualifications of
interest in the continuation of the proceedings is the Vice-Governor-elect, House of Rep. members
as he or she will succeed in the event that the protestant is declared to be 3) As a de facto officer, Daza cannot be made to reimburse funds
the person lawfully elected to the office. disbursed during his term of office, bec. his acts are valid.
Arao vs. Comelec (210 SCRA 290) Frivaldo vs. Comelec (174 SCRA 245)
Failure of protestant to raise the question of identical handwriting Since Frivaldo’s copy of certificate of naturalization obtained only
or of impugning the validity of the ballots on that ground does not preclude in Sept. 1988, the petition for disqualification may still be considered as
the Comelec from rejecting the ballots. Unlike an ordinary suit, an election having been seasonably filed even if filed more than seven months from
protest is a public concern. The rights of the contending parties must yield the proclamation.
to the far greater interest of the citizens in upholding the sanctity of the
ballot. Thus, the Comelec simply cannot close its eyes to the illegality of Award of damages
the ballots even if the protestant omitted to raise the ground in his protest.
Actual or compensatory damages may be granted in all election
Emi vs. Comelec (243 SCRA 706) contests or in quo warranto proceedings in accordance with law. (Sec.
259, B.P. 881)
The Court upheld the authority of the Comelec to determine
whether ballots had been written by one or two persons, or in groups
written by only one hand, without need of calling for the services of EVIDENCE ON THE ELECTION
handwriting experts, this investigation being more in the nature of an
internal process The following may be used as evidence in contesting the results
of the election:
Bulaong vs Comelec (220 SCRA 745)
Election Returns
An order regarding the revision of ballots is an interlocutory order
because it still requires a party to perform certain acts leading to the final Election returns are properly used as evidence in an election
adjudication of the case contest when what is involved is the correctness of the number of votes of
each candidate, and the ballots cannot be produced or are not available.
Miriam Defensor Santiago vs. Fidel Valdez Ramos (253 SCRA 599)
Ballots
Election protest filed by Santiago rendered moot and academic
by the election of Santiago as a Senator in the May 1995 elections and Ballots are properly used as evidence when the election returns
assumption of office, thus effectively considered as having abandoned or are not available.
withdrawn her protest or at the very least, in the language of Moraleja v
Relova, abandoned her “determination to protect and pursue the public Poll-Books and Tally Sheets
interest involved on who is the real choice of the electorate.”
Poll-books and tally sheets may be used as evidence where by
Gatchalian vs Comelec (245 SCRA 208) law, poll-books or tally sheets are required to be kept.
The period for filing an election protest is suspended during the Election Officials
pendency of a pre-proclamation controversy.
Election officials may be called to testify in the absence of
The protestant has to pay a docket fee of P300.00 and an ballots, tally sheets or poll-books.
additional docket fee if there is a claim for damages. For failure to pay the
basic docket fee, the protest should be dismissed. Voters
Poe vs. Gloria Macapagal-Arroyo (PET Case No. 002, March 29, 2005) Voters may testify where the illegality consists in the casting of
votes by persons unqualified, unless it can be shown for whom they voted,
The Supreme Court said that if persons not real parties in the it cannot be allowed to change the result.
action could be allowed to intervene, proceedings will be unnecessarily
complicated, expensive and interminable—and this is not the policy of the Certificate of Votes
law. Inasmuch as no real parties such as the vice-presidential aspirants in
the 2004 elections have come forward to intervene, or to be substituted for The provisions of Sections 235 and 236 of the Omnibus Election
the deceased protestant, it is far more prudent to abide by the existing and Code notwithstanding, the certificates of votes shall be admissible in
strict limitations on intervention and substitution under the law and the evidence to prove tampering, alteration, falsification or any anomaly
rules. committed in the election returns concerned, when duly authenticated by
testimonial or documentary evidence presented to the board of election
Quo Warranto inspectors who issued the certificate.
WHO MAY FILE: Any registered voter in the constituency The failure to present any certificate of votes shall be a bar to the
presentation of other evidence to impugn the authenticity of the election
GROUNDS: Ineligibility or disloyalty to the Republic of returns.
the Philippines
ELECTION OFFENSES
PERIOD FOR FILING: Within 10 days from proclamation
of the results of the election Jurisdiction over election offenses
Sampayan vs. Daza (213 SCRA 807)
The Regional Trial Courts have exclusive original jurisdiction to
Petition for prohibition filed by residents of N. Samar in the try and decide any criminal actions or proceedings for violation of election
Supreme Court against Cong. Daza dismissed: laws. (Sec. 268, B.P. 881; Juan v. People, G.R. No. 132378, January 18,
2000)
1) because case already moot and academic, Daza’s term to end in Prosecution of election offenses
June 30, 1992
The COMELEC has the exclusive power to investigate and
• Acting as bodyguards or security in the case of policemen
prosecute cases involving violations of election laws. (Sec. 2 (6), Art. IX-C, and provincial guards during the campaign period (Sec. 261t,
1987 Constitution; Sec. 268, B.P. 881; De Jesus v. People, 120 SCRA B.P. 881)
760) However, it may validly delegate the power to the Provincial
Prosecutor or to the Ombudsman. • Removal, destruction, obliteration, or tampering of lawful
election propaganda, or preventing the distribution thereof
- But it is not the duty of the Comelec as investigator and prosecutor to (Sec. 83, B.P. 881 vis-à-vis Sec. 262, B.P. 881)
gather proof in support of a complaint field before it (Kilosbayan vs.
Comelec, GR No. 128054, Oct. 16, 1997) Voting
• Appointment or use of special policemen, special agents or People v. Reyes (247 SCRA 328)
the like during the campaign period (Sec. 261m, B.P. 881)
Transfer or detail of a government officer or employee will not be
penalized if done to promote efficiency in the government service. To prove
• Use of armored land, water or aircraft during the campaign violation, two elements must concur: 1) The fact of transfer or detail within
period (Sec. 261r, B.P. 881) the election period as fixed by the Comelec; and 2) The transfer or detail
was made without prior approval of the Comelec, in accordance with its
• Unlawful electioneering (Sec. 261k, B.P. 881) IRR. Here the transfer was made 1 day prior to Comelec’s issuance of
Res. No. 2333, which prescribed the rules and regulations on how to obtain
Comelec approval for such transfers.
• Refusal to carry election mail during the election period (Sec.
261dd (4), B.P. 881). In addition to the prescribed penalty,
such refusal constitutes a ground for cancellation or
• Intervening of public officers and employees in the civil revocation of certificate of public convenience or franchise.
service in any partisan political activity (Sec. 261i, B.P. 881)
• Discrimination in the sale of air time (Sec. 261dd (5), B.P.
• Use of public funds for an election campaign (Sec. 261o, B.P. 881) In addition to the prescribed penalty, such refusal
881) constitutes a ground for cancellation or revocation of the
franchise.
• Illegal release of prisoners before and after election (Sec.
Failure to register or vote
261n, B.P. 881)
Art. V, Sec. 1 of the 1987 Constitution states that suffrage "may"
• Release, disbursement or expenditure of public funds during be exercised by qualified citizens of the Philippines, as compared to the
the prohibited period (Sec. 261v, B.P. 881) 1935 and 1973 Constitutions which used the term "shall." Thus, it can be
said that under the current Constitution, failure to register or to vote is no
longer an election offense.
• Construction of public works, etc. during the prohibited period
(Sec. 261w, B.P. 881) Other election offenses under RA 6646
• Suspension of elective local officials during the election Person who violated provisions against prohibited forms of election
period without prior approval of the COMELEC (Sec. 261x, propaganda
B.P. 881)
If the chairman of the BEI fails to affix his signature at the back of the
Coercion, intimidation, violence official ballot, in the presence of the voter, before delivering the ballot
to the voter. (under RA 7166)
• Coercion of election officials and employees
Good faith not a defense
• Threats, intimidation, terrorism, use of fraudulent devices or
Election offenses are generally mala prohibita. Proof of criminal
other forms of coercion (Sec. 261e, B.P. 881)
intent is not necessary. Good faith, ignorance, or lack of malice is not a
defense; the commission of the prohibited act is sufficient. (People v.
• Use of undue influence (Sec. 261j, B.P. 881) Bayona, 61 Phil. 181; People v. Fuentes, 181 Phil. 186)
• Opening booths or stalls within 30 meters of any polling place Arrests in Connection with the Election Campaign
(Sec, 261dd (2), B.P. 881)
No person shall be arrested or detained at any time for any
• Holding fairs, cockfights, etc. on election day (Sec. 261dd (3), alleged offense committed during and in connection with any election
B.P. 881) through any act or language tending to support or oppose any candidate,
political party or coalition of political parties under or pursuant to any order
of whatever name or nature and by whomsoever issued except only upon a
warrant of arrest issued by a competent judge after all the requirements of Q: May political parties participate in the party-list elections?
the Constitution have been strictly complied with.
A: Yes, provided that the political parties themselves represent the
Prescription marginalized and under represented sectors, parties and organizations.
(Ang Bagong Bayani-OFW Labor Party v. COMELEC, G. R. No. 147589 26
June 2001).
Election offenses prescribe 5 years from the date of their
commission.
Special Laws
b. Advocates violence
Nomination of party-list reps should not include any candidate for any
elective office or a person who has lost his bid for an elective office in the
immediately preceding election
Party List Reps constitute 20% of the total number of the members of
the House of Reps including those under the party-list
• The 5 major political parties are now entitled to participate in the party
list system
• Parties receiving at least 2% of the total votes cast for the party-list
system shall be entitled to one seat each