Election Law Recitation 10.
10. COMELEC used its savings to fund recall elections since its budget for recall
Jan. 28:
1. President appoints you acting COMELEC commissioner
Cannot be - qualifications
Cannot be - president cannot appoint acting commissioners (COMELEC
decision) - only ad interim
2. COMELEC chairperson transfers a department head and files a comment with the
SC without the approval of COMELEC en banc
COMELEC has rule making and adjudicatory powers
Transfer is administrative (no need for approval)
Filing comment by the chairperson (quasi-judicial in nature) - no SC decision,
but it may have to be done en banc
3. COMELEC plans to shuffle election officers and appoint non-lawyers as provincial
election supervisors
They can be shuffled (have to be) every 4 years (also plenary power of
COMELEC during election)
Provincial until city and capital towns have to be lawyers
Municipalities - non-lawyers can only be appointed only if a member of the
bar is not available
4. COMELEC ruled that you are not a resident of your locality
Cannot be done - Constitution provides that the COMELEC cannot rule on
the qualification (falls on the ordinary courts) for the right of suffrage
5. COMELEC issues a resolution providing for the appeal of decision of the MTC over
inclusion or exclusion cases and authorizes itself to file inclusion and exclusion
cases
COMELEC cannot have appellate or original jurisdiction over right of suffrage
Constitutional commission
6. COMELEC calls for a general system of registration (expunges all records and calls
2 weekends in March for registration)
COMELEC has plenary power, but it cannot change the statutorily provided
system
RA 8189 - Current system is a continuing system of registration (any day of
the week)
Admin agencies cannot amend the law
7. COMELEC will not allow those without biometrics to vote
Constitutional - it does not actually provide for additional requirements for
voters
It is only a procedural requirement
Biometrics law provides for a mandatory obligation on the part of the
COMELEC
8. Candidate questions the shortness of the MR period
COMELEC has the right to provide for the rules and regulations
(constitutional and statutory) - any rule except violations of the right to due
process
COMELEC cannot be straitjacketed by procedural rules
9. COMELEC issues a resolution providing that all cases shall e cognizable by any of
its two divisions
En banc - Administrative in nature (failure of elections)
Division - Judicial in nature (e.g. disqualification)
elections is not enough
Fiscal autonomy - savings can be juggled to recall
Includes already recall election cases - part of constitutional mandate
11. COMELEC in allocating seats for the party list system declares the decision is not
subject to judicial review and that its factual findings are final and not reviewable
SC can alter findings of fact in cases wherein the evidence is not sufficient or
GADALEJ
Under Rule 65 - GADALEJ, can be subject to judicial review by the SC
Admin agencies cannot divest the SC of its constitutional power
12. RTC takes cognizance of electoral protest for city and municipal mayors
RTC - Election protest for city mayors - invalid (original jurisdiction with
COMELEC)
RTC - Election protest for municipal mayors - valid (constitutional jurisdiction)
13. RTC takes cognizance of a plebiscite protest
RTC cannot take cognizance of a plebiscite protest case - COMELEC has
exclusive jurisdiction
14. Presidential candidate questions jurisdiction of the COMELEC to hear case against
him, he argues that the PET has jurisdiction
COMELEC still has jurisdiction over him
COMELEC only loses jurisdiction once proclamation has occurred
All disqualification cases are cognizable by COMELEC by division
15. COMELEC continues to hear a disqualification case against a district representative
after proclamation
If proclaimed, person has assumed office and taken an oath - no jurisdiction
(proclamation must be valid), if not, COMELEC can still continue hearing the
case
16. COMELEC division rules on postponement of election, cites petitioner in contempt
and signs a search warrant and subpoena
COMELEC has the power to issue a subpoena (expressly given to the
COMELEC by the Omnibus election code)
COMELEC has the power to issue a search warrant (expressly given to the
COMELEC by the Omnibus election code)
COMELEC may not hold a petitioner in contempts (it is not in its quasi-
judicial/judicial capacity, not in administrative cases)
17. President pardons former president Estrada without favourable COMELEC
recommendation
Can be done, as long as it is not an election offense
18. COMELEC denies application of registration of INC as a political party
Valid - a religious sect cannot run as a political party (can be “inspired by the
INC”)
19. COMELEC did not receive the certificate of candidacy of Mayor Duterte, non-
receipt of COC
Authority of COMELEC over COC’s is ministerial (non-discretionary) - they
must receive, whether they feel the substitution is valid or not
20. What should we expect to receive early into this year
By mail, copy of the unfilled official sample ballot (RA 7904)
21. President withholds the approval of the AFP as deputized
Valid - needs presidential concurrence (constitution)
Commander in chief
22. Congress mandates a 2-party system
 Invalid - constitution allows for any number of political parties (free and open
elections)
Feb. 2:
1. RTC convicts based on a Pres. decree on a failure to vote
Cannot - a person has the right not to vote
PD is unconstitutional; voting is a right, not an obligation (in the past, it was
an obligation)
2. Congress can alter the list of qualifications of voters
Constitution provides for the list of qualifications for voters
Qualifications are exclusive and not inclusive
Congress has no power to amend the constitution, it cannot add to the
substantive requirements
Requirements:
Citizen of the Philippines
Resident for at least 1 year or 6 months in the locality
Registered voter
etc.
3. COMELEC can ban a person from voting and from vying for elective office if does
not qualify
For voting: COMELEC cannot ban, because the right to vote is in the
exclusive jurisdiction of the court (Material misrepresentation)
Vying for elective positions: COMELEC can, they have the power to
disqualify the candidates
4. COMELEC in a resolution declared that informal settlers and those residing in
overpasses are not eligible to be voters in that locality
Cannot add substantive requirements dependent on economic status
Courts or congress cannot add substantive requirement as well
(constitutional guarantee)
Residency does not imply ownership of land
Physical presence, not legal presence
5. ERB (3 members) denies an application on the ground of not of age
If applicant will be of age at the date of election (May 9)
Otherwise, can be denied if not of age at the date of election
6. Imelda was born in Tacloban, married a domiciliary of Ilocos and resided in Manila
for 20 years; ERB denied her registration in Tacloban
Domicile is intention to return
Domicile of birth (or origin)
7. Voter questions constitutionality grounds to disqualify a voter; RA 8189 disqualified
for being convicted of 1 year
Disqualification provided for in law at the time of registration
Disqualified based on final judgment; due process (qualified at one point but
due to supervening later act, you became disqualified)
8. COMELEC requires a voter born here and naturalized in the US to renounce his
foreign citizenship in order to vote in the Philippines
As provided for in citizenship retention and reacquisition act provides that
must posses qualifications and none of the disqualifications and apply for
registration and take an oath of allegiance
9. Filipino US green card holders cannot be allowed to vote
False, they should be allowed to vote upon:
Filing of affidavit that they will return to the Philippines within 3 years
(Actual Physical Permanent Residency in the Philippines)
Register
Not apply for any foreign citizenship
10. Dual citizens who have not established actual residency here cannot vote in the
elections
False - Citizenship retention and reacquisition act provides for no domicile
requirement for dual citizens
They must:
Register
11. List of voters and book of voters are one and the same
False:
List of voters - posted
Book of voters - master copy - compilation of all the application forms
with the stamp of approval by the ERB
12. Aside from No Bio, No Boto, COMELEC adopts no VIC, no boto
Cannot be - No bio, no Boto is a legislative act that prescribes procedural
requirement for registration; Not having a VIC, they are still registered voter,
can still be identified
13. COMELEC defines registration as the filing of a registration form in front of any of
the divisions and allows motu propio registration
Cannot - COMELEC is not allowed to do motu propio registration (RA 8189)
COMELEC is not the filing, it must be before election officer and you are
considered a voter once:
File - You have the qualifications
ERB approves and considers you a voter
Application is in the book of voters
14. Would you rather that your GF be in the cancelled list or the deactivated list
Deactivated* is if disqualified, grounds:
Disqualification
Not voted for the 2 preceding elections
Lose his/her Filipino citizenship
Registration excluded by the court
Not all requirements for deactivation is not in RA 8189
Biometrics law deactivates also - validation activates a person
Cancelled* is if dead
15. Failure to vote in the two preceding elections as a ground for deactivation is
challenged as unconstitutional due to adding a substantive requirement
Procedural requirement only
Can still vote upon filing for reactivation
16. Seafarers can vote for local positions
Can, only if they are in the country
Cannot, if they are at sea
17. COMELEC issues a resolution saying that the list of voters is permanent and not
subject to change
Incorrect - under the continuing registration act, the COMELEC has the
power to change due to inclusion, exclusion, reactivation, deactivation,
cancellation, new voter registration, annulment of book of voters
18. Petition for inclusion filed on the ground for failure to apply for registration
 Petition will not be approved because the law provides that for a petition for Naturalized in the United States - loses citizenship
inclusion in the list, it was because of his exclusion (registered in the first 10 year residency issue (with use of passport)
place) Qualified - foundlings are natural born citizens
Case law shows that it is not a ground for inclusion PIL - foundlings are natural-born (social justice)
19. MTC judge renders a decision on an exclusion case on the ground of lack of If natural born - repatriation will reacquire citizenship
residency based solely on the non-appearance of the respondent 5. Congress can require a voter and a candidate for all elective offices must be literate
Non-appearance of the respondent is the prima facie evidence of fictitious Voter - no, it cannot (cannot add qualification for suffrage)
voter (not lack of qualification) Candidate - yes, provided by constitution, and for local government officials,
20. A petition for exclusion was filed before the RTC on the ground that application for can qualify by law (ARMM and LGC)
registration was denied 6. All candidates must be natural born citizens and must be above 23 years of age
False - if registration was denied, MTC has original and exclusive jurisdiction No - natural born citizens - qualification for national posts only
If application was denied, you should file a petition for inclusion MTC ARMM - natural born
21. SC is the 3rd level of review of inclusion cases LGC - just citizens
Sometimes false - MTC - RTC - SC (2nd level of review if pure question of No - age requirements are different for each
law; if mixed law and fact, CA, so SC is 3rd level) Regional assembly - 21
22. Presidential candidate challenges constitutionality of statutory power given to Provinces + Mayors - 21
COMELEC to annul the book of voters because it is authority over the right of Others - 18
suffrage 7. Can Manny Pacquiao run for President?
COMELEC has the power to annul the book of voters if not prepared in No - not 40 years old by May 9
accordance with RA 8189 or whose preparation was affected with fraud, 8. Congress provides that a provincial governor must be a college graduate,
bribery, forgery, impersonation, intimidation, force or other similar irregularity appointed by the president and have a 4 year term
or is statistically improbable Yes to all - constitution is silent as to the structure of Local Governments
9. Comprehensive dangerous drugs act - all candidates for office shall undergo a
mandatory drug test
No for constitutionally provided national positions
Feb. 4: Yes for all other
Can also be right to privacy issue
1. Representatives of the HoR are national officials 10. Congress can say all mayors must be lawyers
Both are national officials (Congress) Must be relevant to position - can be considered unjust and unreasonable
But District officials are elected locally Not absolute power
Party-lists are elected nationally 11. For elections of the President and Vice President, the winner must obtain a majority
2. On May 9, 2016, all elective positions will be filled up vote then a run-off
Incorrect, the following will: Plurality system - most number of votes, regardless of majority - direct vote
Pres. 3 major formulas:
Vp. 1. Proportional
Senate - 12 senators will not 2. Plurality
Representatives 3. Majority
District 12. Senators can be elected using electoral colleges like in the USA
Party List No - senators are elected at large (constitutional)
ARMM - Synchronised as of 2016 13. A vote for the chief executive at the national and local levels is a vote for the vice
Provincial Governors chief executive
City Mayors No - separate votes
Municipal Mayors Only applies to ARMM governors/vice-governors
Barangay officials - Separate officials 14. Can congress provide for the same gov/vice system for other local positions?
3. All elective positions and their qualifications are provided for in the 1987 Yes - plenary powers
Constitution 15. A person who became a district rep. in 2009 in a special election due to the death
No - Local Gov’t Code - implication - by law of the formal representative, that person won in 2010 and in 2013, can run in the
P, VP, S, HoR are in the Constitution 2016 elections
4. Grace Poe is _____ National position - No, one day is a term (fixed by constitution)
Disqualified - foundlings are not natural born citizens But yes if local - fully serve the term, 365 x 3 for it to be considered
Lied in CoC 16. Congress can provide for a party list system for electing city councilors
 Can be done - plenary powers 6. Your full name is Mica Balesin Regalado, assuming you are married, what are the
S. Africa - party list system, all one party rules?
17. There are 55 party list seats in 2016 Can use:
No - there are 59 Her own surname (political party)
(District reps divided by .8) x .2 Surname of her husband (political party)
Round off from 58.75 to 59 Her surname - surname of her husband (political party)
18. All parties participating in the party list system must have representation in all areas Candidate makes the choice in the COC, as long as within 30 character limit
of local government and must be under the list of sectoral in the law 7. There are no candidates today
No - not in all areas of local go No - there are, campaign period for nationally elected candidates has started
Sectoral - not exclusive list (LGBT) Candidates are ones who have filed their COC at the start of their campaign
19. Can you (me) represent the disabled sector? period (Automation Election Law)
Yes - organic (bona fide), if not, synthetic (must prove track record of COMELEC Resolution 10049 - once filed COC and not dead, withdrawn or
advocacy) disqualified before campaign period
20. Party registered in 2009 but did not participate in the 2010 election and failed to hit 8. The enumeration of entries of a COC under Sec. 74 of the Omnibus Election code
2% in the 2013 election and Sec. 4 of COMELEC 9984 are all material entries
Can still participate in 2016 - separate grounds, both exclusive No - only the ones needed for qualification are:
21. A party list organization which obtains 10% of the party-list vote shall be entitled to 1. Age
5 seats 2. Residency
No - maximum of 3 by law 3. Citizenship
2% only guarantees the first seat 4. Voter
22. Case law - only 1 party can get 3 seats 5. Literacy
Yes Others are a matter of form (not required to run for the position) -
23. Even under 2%, you can still get a seat - all 59 must be filled e.g. Profession etc.
10 parties obtained less than 1%, still got a seat each 9. Immediately after the filing of the COC, those who filed can ask the voters to vote
24. 3 term limit applies to nominees for them
Yes - directly, cannot be done indirectly Automated election law - you can only be found guilty of unlawful acts or
omissions during the campaign period (MR case law)
No such thing as premature campaigning
10. A petition to disqualify a candidate is the type of petition captioned for all
Feb. 11: disqualification cases
No - there are other captions, such as:
1. Suffrage and seeking elective office are both constitutional rights 1. Deny in due course or cancel a certificate of candidacy
Suffrage is a constitutional right 2. Petition to declare a candidate a nuisance candidate
Seeking elective office is privilege, not an enforceable right (case law - unfit Petition to disqualify a candidate is used when the grounds are questioning
to run for office because he was declared a nuisance candidate) the qualifications of the candidate and during the commission of an election
2. I can run for president, governor and party list representative offense
Yes - as long as you possess all the qualifications and none of the 11. A petition to deny in due course to or a petition to cancel the COC were the proper
disqualifications petitions to file vs. Grace Poe and Martin Dino
3. I can run for president, governor and party list representative at the same time? Grace Poe - yes, her qualifications were being questioned
No - only one, automatic cancellation Dino - yes, he declared hismayor of Pasay
4. Duterte is still the mayor of Davao city and Rep. Abby Binay are the representative Can also be nuisance candidate
of Makati 12. A petition to disqualify is the proper remedy to disqualify a candidate convicted of
Both are still mayor and congressman Libel
Omnibus election code - deemed resigned unless president and vice Petition for cancellation - there was false misrepresentation (2016 case law)
president (repealed already) Cause of action - conviction has become final
Rep. Binay is now not deemed resigned 13. A petition to disqualify on the ground of commission of an election offence, the
5. DOTC Sec. Jun Abaya can still run for governor of Cavity in the May 2016 elections COMELEC division can determine probable cause
No - missed the COC filing date, but he can substitute a candidate from the 2 options to disqualify:
same party (if died or disqualified) 1. Electoral aspect - File for disqualification with the COMELEC division
He is deemed ipso facto resigned on the morning of the filing of the COC (not en banc because it is a quasi-judicial function)
(appointive official) 2. Criminal aspect - File an election offense case wherein the COMELEC
 en banc (administrative function because you find probable cause to
file an information)
14. A district rep. who became a permanent resident of the US in 2014 can validly run
for election
He cannot run because being a permanent resident, he lacks the residency
requirement
District rep: 1 year residency minimum
15. The use of a foreign passport does not necessarily amount to repudiation of an
oath of renunciation
Considered repudiation of his renunciation (Agustin v. COMELEC)
16. A candidate who has been pardoned can vie for elective office even if the
dispositive portion of the pardon states a restoration of civil and political rights
except his right to run for elective office
He cannot run - the dispositive portion is controlling (not whereas clause) -
(unlike case of Erap)
17. The incumbent governor of Laguna can run for mayor of Paranaque in the 2016
He can run - provided he moved residency already and fits within the 6 mos.
residency requirement of Paranaque and transfer his registration records to
Paranaque
Disqualification is continuing, so he is deemed resigned if he changes his
voter status to Paranaque
18. Vote buying and breaking the ban on appointment of public officials are cognizable
by COMELEC division at the first instance
Vote buying is cognizable by COMELEC since it is an election offense under
Sec. 68, Omnibus Election Code (disqualification case)
Election offense case, it can be filed in the law department or fiscals office
and the COMELEC en banc will determine probable cause (criminal case)
Appointment is not, since it is not an election offense
Sec. 68 is exclusive
19. A petition to declare a candidate a nuisance candidate can be filed today on the
ground that he has no resources and is of poor health
Within 5 days only after last day of filing of COC
No resources is a ground to be a nuisance candidate (poor health is not)
20. A petition to disqualify a candidate can still be filed on May 10, 2016
Questioning qualifications or commission of election offense
Yes, can be filed anytime before proclamation (May 13-15, 2016)
21. A common law wife who uses the surname of her common law husband in COC
and that she is a lawyer (when she is not)
Under oath, could be ground for disqualification
Case law - requisites for material misrepresentation:
1. Material
2. Deliberate
3. Not actually qualified
Lawyer - not material, not a qualification, but can be a ground for
misrepresentation
22. A candidate for district representative 7 mos. residency in Tacloban by election day
can run for the position
Although the requirement of 1 year residency, it actually depends on the
domicile requirement, if she is actually qualified (Marcos case law)
23. Proclamation of the candidate renders moot any pending petition to disqualify him
No - can suspend proclamation if evidence is strong (Gov. Ejercito of Laguna
case law) - via motion to suspend proclamation
24. Proclamation amounts to condonation of all liabilities of re-electionists committed
in the prior term
No - the doctrine of administrative condonation by re-election has been
overturned (Carpio-Morales v. Binay)
25. You can file any of the 4 petitions
No:
Nuisance - have to be running in the same position
Disqualification - generally yes (not me, not a registered voter or
political party)
Cancellation - material misrepresentation, generally yes (not me, not a
registered voter or political party)
Commission of an election offense - generally yes (not me, not a
registered voter or political party)
26. COC can still be filed today, even on May 9, 2016
Generally no, but yes - if you are a substitute candidate:
If death and disqualification - until mid-day of election day
If withdrawal - until Dec. 10, 2015
27. Presidential candidate señeres died 2 days ago, can he be substituted by anyone?
No - he withdrew 3 days before he died
Assuming he did not, being independent, he cannot be substituted except by
a relative
28. VP Binay, Mar Roxas and Grace Poe can be substituted by their respective running
mates today
Binay and Mar can - same political party
Grace Poe - independent, so only a relative can substitute her
29. Duterte can substitute for candidate Diño
Present day - Diño is no longer running for anything
Assuming Dec. 10, yes - same political party, proper withdrawal of his
candidacy
30. Assuming petition for declaring Diño a nuisance
Yes, can still withdraw and be substitute before judgment by COMELEC
(withdrawal renders case moot)
Assuming declared nuisance with finality - he cannot be substituted
31. A candidate subject to a petition to disqualify cannot be substituted
Depends - 2 grounds for petition to disqualify:
1. Lack of qualification - cannot be substituted, never considered to be a
valid candidate (case law)
2. Commission of an election offense - can be substituted (committed an
illegal act when was still a valid candidate)
32. A mayoralty candidate who withdraws his COC, substituted a presidential
candidate and his daughter can replace him as a mayoralty candidate
For president - yes - if same political party
For mayor - yes - if same political party
Only if all this happens on or before Dec. 10
Overturned old COMELEC resolution (once withdraw, can’t substitute) - 2016
removed the restriction
33. A candidate nominated by 2 registered political parties can be substituted
No, he is considered independent already if the parties are part of the same
coalition
If different constituency - not considered independent
 Who are independent:
1. Nominated by 2 registered parties
2. Even if belonging to the same coalition
34. Vice-mayor becomes the mayor when the latter was disqualified on the ground that
he committed an election offense and he is not a resident
Election offense - Vice-mayor becomes mayor
Lack of qualification, nuisance, material representation (residency) - 2nd
placer becomes mayor because vice mayor was never a candidate to begin
with
35. House speaker can refuse to enter the name of the second placer in the roll of the
house of representatives when the incumbent is declared ineligible
Second placer has to be declared because of the disqualification (ineligibility)
of the incumbent
House speaker has the ministerial duty to proclaim the second placer (he can
be compelled by mandamus)
Feb. 16:
1. Mayor Olivares cannot campaign on the day of campaign period and the day after
the start of the campaign period
No - March 25, 2016 is Good Friday, express provision of law, he cannot
campaign then; he also cannot campaign on Maundy Thursday by provision
of law
But you can campaign the day before the start of the campaign period
because you are not considered a candidate before the campaign
period; there is no such thing as premature campaigning today
(Automated Election Law)
2. (Picture) - Happy Valentine’s Day from your governor and congratulating mayor
Erap, can they be removed by ordinary citizens?
Resolution 10049 considers it election propaganda;
Any graphical representation exclusively intended to draw the intention
of the public to promote a candidate
It cannot be removed by a private citizen, but it can be if it is:
Libellous and/or subersive
And they have COMELEC permission
3. Church of the Gesu with a 5x10 streamer (don’t elect corrupt officials) - MMDA
went inside and removed it, valid?
No - it is only a declarative statement, it does not campaign (Diocese of
Bacolod v. COMELEC)
It is on private property - freedom of expression
4. (Pictures) - Waiting shed with campaign materials
Not allowed - cannot display campaign materials on waiting sheds
Alternate - allowed - but liable for vandalism
5. (Picture) - Roxas rally in multi-purpose hall
Not allowed - cannot display campaign materials outside public buildings
Size - must be 2x3 feet
No required inscriptions:
1. Must be recycled
2. Name and address of benefiting candidate
3. Name and address of payor
4. If free of charge - printed free of charge by: (name)
4 boxes - clearly readable font size 12 (colour contrast)
6. (Picture) - Duterte sticker - “atin to pre” - defend as counsel to Duterte
Sticker is allowed as long s 8.5 x 14in
8.5 width, 14 length (material)
Made by private citizen - he was not aware it is made
No required inscriptions
Can claim it is not campaign material
Distributed prior to Feb. 9 - not campaign material
Freedom of expression of volunteers
7. 3x8 campaign streamer displayed outside your house and PUV, valid?
Streamers - should not be that big
It should be posters only at 2x3 feet or 8.5x14
PUV - no also, should conform to posters, 2x3 feet maximum or 8.5x14
8. Non-removal of said campaign poster (3x8) outside your house can be the basis to
deny due course of the COC of the candidate
Election officer will give notice to the candidate, should remove within 3
days, failure to remove can be a ground for disqualification
Non-removal creates a presumption of posting outside the common area
Proper petition is a petition to disqualify
9. 5x10 feet tarp displayed 10 days before a lightning rally
Max 3x8 feet
5 days before a rally
Removed within 24 hours after
3 working days before the rally, inform the COMELEC prior to the rally
After rally - report to election officer all expenses of the rally
10. Volunteers gave free unreceipted drinks and food during the rally
Depends - can only give food 5 hours before and 5 hours after the rally
Unreceipted - also invalid, the valid of what was given must be recorded,
even if it was donated
Written consent is required for donations
11. Reelectionist mayor can give out basketballs with his name this summer
Depends on intent of the candidate; not all acts of beneficence is considered
campaigning
What is prohibited outright is the appropriation of public funds
Defense is governance (favours incumbents)
12. (Picture) - Gordon, lifetime achievement award, sleeves, fans
Yes - overturned, candidates can use these; no longer prohibited
Fair Elections Act, can be used, but must seek COMELEC approval first
13. (Picture) Grace-poe; adopt poe - headquarters
Headquarter of grace poe -3x8 feet can be, only announcing headquarters
Huge streamer for election cannot be used, must be 2x3 feet maximum
1 per highly urbanised city, 1 per province
14. (Picture) TV ad for Binay
120 hours per station (national)
No inscriptions:
1. Benefiting candidate: (name)
2. Payor
3. If free
Inscription - 4% of view, the whole time
 When it aired, it was not premature campaigning - cannot air it anymore
during campaign period
15. (Picture) Newspaper, whole page of Standard Newspaper
Broadsheet 1/4 page maximum
Tabloid 1/2 page maximum
3 times per week
But not a print ad, it’s a photo
16. Last Feb. 9 - a full page ad was published crying martial law and decrying Bong
Bong, does he have a cause of action
Paid ad - negative publicity, not to vote for a specific candidate
Anti-Bong Bong campaign material (campaign is for and against)
Oversized (full page)
No inscriptions
Cause of action of Bong Bong - he can resply within 36 hours at the same
size as the negative publicity
17. Mayor Herbert Bautista starring in a movie (now)
Valid - not yet campaign period, there is no premature campaigning
Can be shown on March 27 (campaign period) - he is starring, public
exhibition - not public
18. Sample ballots can be distributed on election day
Last day of campaigning is May 7
There is no regulation on sample ballots (COMELEC resolution 10049)
19. Presidents of Jollibee and Aboitiz Power donated to a gubernatorial candidate
Separate juridical personality, the presidents can donate
The corporation itself is prohibited from donating
Defense of governor if given during election period - "your donation is not for
campaign purposes"
20. As his lawyer, would you advise Manny Pacquiao to continue with his boxing match
on April 9?
You can - Boxing events, pageants, etc. are only prohibited for raising funds
for a campaign purpose
Feb. 18:
1. Assuming there are 57 million voters nationwide and in Pullman, there are 50,000
voters, a presidential and mayoralty candidate (both independent) can spend 570M
and 150,000 respectively
President - 10 pesos per voter - 570 million pesos
Mayor - Gen. Rule - 3 pesos per voter - 150,000 pesos, but if independent -
5 pesos per voter - 250,000 pesos (QUESTION)
2. Said mayoralty candidate has no defense if he spent 300,000 pesos or claims that
50,000 is donated
Donations are included in the 5 pesos per voter
3 defences:
1. Printing of sample ballots
2. Classifying and listing of registered voters
3. Paying for lawyers
3. President of the republic, an incumbent governor, a filipino who is naturalized, a
public school teacher and DPWH bureau chief can campaign for Mar Roxas
President - Yes - because he is not covered in the list of those who cannot
campaign
Governor - Yes - he is not a member of the civil service
Filipino who is naturalized - cannot - foreign citizens cannot campaign
Public school teacher - cannot - part of the civil service
DPWH bureau chief - can - secretaries can campaign
4. Failure to file a statement of contributions and expenditures will result in
imprisonment and non-assumption of office
No - Fine of 1-30K, 2-60K and Perpetual Disqualification on 2nd offense
(QUESTION) - now decriminalised
Non-assumption - yes, condition of proclamation
5. COMELEC chairman can reschedule election in certain areas due to no power
supply and late arrival of ballots and no voting machines
No - only COMELEC en banc can postpone election - expressly provided in
RA 7166 and administrative in nature, not judicial (hence, en banc)
No power supply, late arrival of ballots, no voting machines - valid analogous
6. Gunshots were fired and violence, can be the basis for postponement and failure of
elections
2 qualifiers for postponement - must happen not later than 5pm of election
day
1. Impossible to have HOPE (honest, peaceful) QUESTION
2. Serious violence
2 qualifiers for failure - can exist anytime prior to proclamation
1. Results in a failure to elect
2. Affect materially the results of the election
7. Petition to declare failure of elections for all elective positions was filed by a losing
elective candidate on the ground she got zero votes in 2 precincts
Zero votes in 2 precincts - by itself not a ground for failure of election (may
be if the zero votes was the result of fraud, violence, force majeure or other
analogous cause)
All elective positions - not necessarily
1. National - only if materially effect the results
2. Local offices - may assail all of them, as long as materially effect the
results (for each position)
8. Transfer of venue of the transmission of the results of the voting counting
machines, was ordered by the chairman of the board of election inspectors can
result in postponement of election
Postponement - no, it has to be a failure of election, postponement must be
before 5pm of the day of election
It can be failure if materially affect the outcome
Transfer of venue by the BOEI chair - it is the basis for failure of election
(Soliva v. COMELEC)
Requirements for transfer of venue:
1. Unanimous vote of the board of election inspectors
2. Majority of the watchers present must agree
9. There were 50 flying voters who were allowed to vote, and this was raised during
canvassing by a paralegal of the candidate, the lead is only 25 votes, is there a
cause of action
Yes - there is a cause of action - flying voters are a ground for election
protest
It can be failure - It can amount to fraud and it is materially affect the
 outcome of the elections
10. COMELEC en banc, motu propio 60th day from cessation of the cause
No - COMELEC en banc has the power motu propio declare postponement,
but not a failure of election
Must be within 30 days - but only directory - so valid
11. Political subdivision registered in the SEC can field a poll watcher
Political party must be registered with the COMELEC, not with the SEC to
appoint a poll watcher
SEC registration - rights under corp. code, but not thew right to field a
poll watcher
You must be registered with the COMELEC
12. The matter of the expulsion of a party member is cognizable by the COMELEC en
banc, not by division
General Rule - It is not cognizable by the COMELEC - it is an internal matter
to the party (case law)
Exception - If not just internal matters of the party, but also election itself
13. The determination of which of 2 factions of a political party is within the jurisdiction
of COMELEC en banc
General Rule - It is not cognizable by the COMELEC - it is an internal matter
to the party (case law)
Exception - If not just internal matters of the party, but also affecting the
election itself (e.g. qualifications of the candidate)
14. There are favoured political parties in the Philippines (more rights than others) -
therefore violative of the equal protection clause
Yes - there are dominant majority and dominant minority parties
There are 14 favoured parties (10 major political parties and 2 major local
parties):
1. Dominant Majority Party - LP
2. Dominant Minority Party - UNA
By being branded as such, they are or will be entitled to election returns,
certificates of canvass and poll watchers will be nearest the teachers
Not violative of the equal protection clause
15. COMELEC has wide discretion and motu propio determine which party is the
dominant party
No - criteria:
1. Track record in elections
2. Ability fill up the slate for the elective positions
3. Incumbent officials
4. Identifiable political organisations and strength as evidenced by their
chapters
5. Other analogous circumstances
It cannot do this motu propio, it needs applications to be filed with the
COMELEC
16. Grace Poe is entitled to deploy poll watchers and they can demand copies of the
election returns
Yes - she is an independent candidate, entitled to a poll watcher per precinct
She can provide more than one per precinct, provided only one can serve at
any given time
17. Registered voter in Manila - you can be a watcher in Bulacan
No - requirements:
1. Registered voter (in the place he/she will be watching)
2. Read and write (in any language/dialect used)
3. No conviction of any crime/election offense
4. Good reputation
5. Not related to a BOEI (4th civil degree)
18. The chairperson of the BOEI can authorise you to distribute the ballots (as poll
watcher) and can reject any protest you make during the casting and counting
Chairman cannot designate a poll watcher to distribute the ballots - poll
watchers cannot distribute ballots (not one of the rights given to a poll
watcher under the law)
Yes - can reject, but the challenge cannot be prohibited (it must be recorded
though)
19. Watchers have a say if the venue for the counting will be transferred due to actual
violence
When there is actual violence - watchers have no say, no need to consult,
run awaaaaaaaay
Rights of a poll watcher:
1. Stay inside the precinct
2. Inform themselves of the proceedings
3. File a protest against any irregularity
4. Obtain a certificate of the number of votes cast for each candidate
There must be unanimous vote by the 3 BOEI and favourable endorsement
by majority of the watchers (only applicable in imminent danger)
Feb. 23:
1. Council and oversight committee encroach on COMELEC
Advisory Council - headed by CICT - merely advisory, recommendatory
Joint Congressional Oversight committee - evaluate the law and propose
amendments to the law
2. COMELEC can dispose of paper ballots and can automate from voting to
proclamation
Yes - all except proclamation - code provides proclamation must be done by
Board of Canvassers - law excludes proclamation
Can use automated voting machine
3. You can be a member of the BOEI providing free service; Board of Canvassers?
No - requisites of BOEI:
1. Public school teachers
2. Private school teachers
3. Members of the Civil Service
4. Citizens of probity
Provides for 1,000 per day, maximum of 3 days
No - BOC - COMELEC, DOF, DOJ or division superintendent DepEd
4. BOEI can campaign, not allow illegal voters to vote
Cannot campaign - CSC and express by law
Illegal acts:
1. Vote buying
2. Vote Selling
3. Vote Betting
4. Induce or selling votes
 Can still be allowed to vote - as long as sworn under oath Election management system
Illegal voters: No - all have a source code
1. Not in list 13. COMELEC denies the request of Grace Poe for her representatives to examine
2. Not registered source code and ballot printing
3. Using another name Source code - they cannot deny her access to the source code (law does not
Illegal voter can still be allowed to vote provided, AEL - properly identified distinguish independent candidates)
and allowed by BOEI to vote Resolution - candidates are no longer allowed to review
5. BOEI can order the arrest of a voter who just entered; can also announce at 12nn Ballot printing - poll watcher, accredited political organisations and parties,
that you along with 20 have not voted citizen’s arms, not independent candidates or candidates
Arrest - can, but will not prevent from voting 14. Only the national printing office can print the ballots, maximum in a clustered
Updates - BOEI cannot issue election updates until end of voting day precinct is 700 in clustered precinct
6. Enter a polling place: No - when the resources are not sufficient, the task of printing can be
1. Right to enter it delegated:
2. Line up 1. NPO
3. Give name and address to chairperson 2. BSP
4. Chairperson identifies you and announce your name 3. Private parties
5. If there is a challenger to the identity, it is challenged 800 in a clustered precinct - total of 803 ballots (including BOEI, who are
6. If assuming there is none, polling chair with a privacy folder allowed to vote in the precinct)
7. If accidentally tore (as long as accident), you can replace it once 15. Counting centre, polling centre, precinct are the same
8. Give ballot Not the same:
9. Remain folded - place thumb mark on coupon and voter’s record Counting centre - canvassers, where they count (can be the same as a
10. Chairperson who will detach coupon polling centre)
11. Ballot gets placed in machine Pollling center - physical space where voting is done
12. Indelible ink Precinct - not a physical space (unit of voting)
13. Required to depart 16. Arrangements of the names are by random lottery by the COMELEC in the ballots
7. A poll watcher sees a police officer, mayor and candidate inside the polling place Valid - the requirement for alphabetical arrangement is only explicitly
Depends on situation contained to candidates with surnames (QUESTION)
If just to vote, valid 17. COMELEC denies the substitution of Seneres because he has a different surname
If not, policeman cannot be inside unless there is actual violence/danger Invalid - same surname not a requisite (RA 9006)
8. Spoiled, excess, marked and stray votes and rules of appreciation are still relevant If you have the same surname, votes for original will count for the substitute
in an Automated Election System If not the same surname, votes for original will not count for him; he gets
Spoiled ballots - can still happen (accidental) votes by (RA 9006) the space provided in the ballot where voters will write
Excess ballots - relevant (+3 per precinct) the name
Marked ballots - identify the voter, relevant 18. A ballot, an election return, COC, SOV evidence the same thing
Stray votes - relevant, if improper shading, proper for the others (invalid for No - they are different
this position, valid for the rest) Ballot - individual votes cast by a voter
Unused ballots - relevant (not everyone will vote) - e.g. 60-70% voting ER - several voters of a single precinct
turnout COC - total number of votes of several precincts (or municipalities or
Rules of appreciation - not relevant (no need to write names) provinces)
9. COMELEC refuses to issue voting receipts to voters Statement of Votes - breakdown of the votes each candidate received
Minimum system capability of VCM - must give receipt as provided by law (per municipality, province etc.)
10. COMELEC can lease from Smartmatic the VCM (vote counting machines) from 19. COMELEC has absolute discretion under AEL to provide for the counting
foreign corporation procedure
Valid if qualified bidder Not absolute - broad, but mandatory requirements: (QUESTION)
COMELEC is not obliged to buy the machines (law) 1. Secrecy of the voter
Local and foreign sources 2. 3 copies of the election returns
11. COMELEC abdicating its constitutional right to Smartmatic? 3. Directly to president
No - supervisory and control (case law) 4. Board of canvassers
12. VCM, CCS, EMS, where to find them, are they the same as source code? 5. Data must be electronically stored and transmitted
Vote counting machine - precincts 20. Failure to sign the ER by BOEI, COC by BOC and watchers render the ER and COC
Consolidated canvassing system - where canvassing is done void
 ER and COC are still valid, but the officers are required to show cause why
they did not sign
Invalid refusal means election offense, but the ER and COC are still
valid
Poll watchers are not affected by the show cause order
BOC are also not subject to show cause order
21. Same number of ER’s and COC’s at all levels
No: (QUESTION)
ER - 30/30 for national/local
COC - 30 for national and provincial, 14 for national and municipal
with district
22. What would you advise an independent candidate regarding securing copies of
ER’s and COC's
They are not entitled to both
Advise them to approach accredited Citizen’s arms
Citizen’s arm is duty bound to give them COC (not ER’s)
COMELEC will post a copy on the board and on the website
She can also get a copy at her own expense (up to 30 additional ER’s printed
by the teachers)
She can take a photo of the board or ask for photocopies
Align with any of the 14 who are entitled
23. Printed ER’s and COC’s can be the bases of canvassing and proclamation
No for both
It must be electronic transmission of canvass - not anymore printed
24. Congress, COMELEC and provincial/city/municipal BOC can canvass and proclaim
based on the data storage device manually delivered
Congress - cannot - the basis of their canvass are electronic transmission
COMELEC - cannot - also electronic transmission
BOC - can - either:
1. Electronically transmitted; or
2. Data storage device
March 3:
1. There are no pre-proclamation controversies for all positions in an AES
False - there are no pre-proclamation controversies for nationally elected
positions
Under AES, can still be raised - 2 types of pre-proclamation controversies:
1. Pertaining to the BOC
2. Illegality of the proceedings of the BOC
Issues regarding the consolidated results no longer possible under AES
Just transmission issues
2. What kind of dispute can be raised during canvassing for nationally elected
positions
Only manifest errors
3. Material defects, manifest errors can no longer happen in an AES
No manifest errors can happen under AES (tabulated twice)
Cannot happen - 2 types of omissions:
1. Name of candidate are omitted
2. Votes for candidate are not counted
Material defects cannot happen anymore in AES
Only transmission related defects can happen (QUESTION)
4. COMELEC and BOC canvass results only for all locally elected offices
Incorrect - COMELEC also canvasses votes for senate, party-list
representatives
BOC can canvass but not proclaim for any position under senate (they
canvass for all positions)
5. Only ER’s are subject to canvassing
False - also COC’s for district, provincial and congressional levels
ER’s reflect votes at the precinct level (becomes COC, attached to it is the
breakdown per component area or precinct)
6. A pre-proclamation case can be raised on the ground of violence committed during
canvassing as well as illegal voters during casting
No - violence or illegal voters cannot be a ground for a pre-proclamation
case (wether manual or automated, you only base pre-proclamation
controversies on the face of the ER’s, they cannot admit testimonial or
extraneous evidence)
7. All lawyers and paralegals are excluded from the canvassing centre, BOC advise
you to raise to COMELEC en banc
Illegality of the proceedings of the BOC can be brought up before the
COMELEC division or BOC
8. What will happen if such pre-proclamation was raised?
Entire proceedings (canvassing) will be suspended
9. If questioning ER or COC?
Suspended counting of ER or COC until BOC gives green light
10. As paralegal, you obtained a copy of the ER, during the canvassing, before the
CCS, you realise a discrepancy
Discrepancy (e.g. 10 votes became 5) is not a manifest error
Should to happen under AES
2 types of discrepancy:
1. Discrepancy between 1 ER and another ER
2. Discrepancy between votes in words and in figures
If discrepancy occurs, raise it with BOC (only)
11. What is the procedure for raising it with the BOC
Oral objection first before ER or COC is canvassed with a written objection
simultaneous
Assuming no written objection, it is not fatal, provided according to case law,
there is evidence filed within a 24 hour period
ER will not be canvassed until BOC clears it (appealable to COMELEC
division)
Cannot be raised after it has been canvassed (it is too late)
12. BOC, after realising a discrepancy, reconvenes after making a proclamation
Once a proclamation has been made, BOC cannot convene anymore without
order from the COMELEC
After proclamation, the board ceases to exist (given life only by the
COMELEC division)
13. If the BOC reconvenes motu propio, election protest is the only remedy
Election protest can never be filed in front of the BOC, has to be COMELEC
division
Illegal proceedings by BOC - your remedies are:
 1. Electoral protest before the COMELEC division; or Municipality - RTC (appealable to COMELEC division)
2. Annulment of proclamation Barangay - MTC, MCTC (appealable to COMELEC division)
14. Congress rejects a COC from a province on the ground that the electronic Division because judicial, not administrative
transmission and data storage device are corrupted 25. The best evidence in an election protest in an AES are the ballots themselves
Congress is canvassing COC’s for the position of President, VP Questioning the results at the voter level - ballots
They can reject the corrupted data storage device If you don’t have the ballots, the best evidence is the picture images of the
15. What are the powers of Congress and COMELEC insofar as their power to canvass ballots as scanned by the VCM (case law)
is concerned under AEL? 26. 4th placer files an election protest against a duly proclaimed presidential candidate
They can determine: on the 15th day
1. Authenticity of the COC; and Within prescriptive period - 30 days
2. Due execution of the COC Only 2nd or 3rd placer can file for President, Vice-President and Municipal
AEL enumerates 4 instances which will go into the authenticity and due officials
execution of the COC: Municipal officials (rules of the SC, others, no such rule)
1. No signature from the BOEI Other positions - any candidate can file
2. Discrepancies
3. Discrepancies
4. Discrepancies
Erasure and alterations and incompleteness March 8:
They can reject on the ground that they are not authentic or duly executed
16. Pre-proclamation cases can subsist even if proclamation is already made 1. Disqualification cases were filed against 2 candidates, district rep and provincial
No - they cannot - long list of SC decisions governor, they both claim that upon proclamation, DQ cases have been rendered
17. Election protests and annulment of proclamation can be filed simultaneously moot and no election cases can be filed henceforth
Both cannot be filed before a proclamation Both false:
They cannot be filed simultaneously Governor - case proceeds and COMELEC retains jurisdiction (ER
18. What are you questioning in an annulment of proclamation? Ejercito case)
Proclamation itself SC: prevented from assuming office or unseat
19. What are you questioning in an election protest? Succession or special election
Admitting the proclamation, just the manner of the election itself District rep - continues, 3 prerequisites for a DQ case wherein
20. If annulment of proclamation is not granted, an election protest cannot be filed COMELEC will lose jurisdiction in favor of the HRET:
False - an election protest can still be filed within the remaining prescriptive 1. Valid proclamation
period: 2. Valid oath
G.R. - 10 days 3. Must have assumed office
President 30 days Can any other case that can be filed after proclamation?
Senate 15 days 1. Election offense
21. When should you file an anulment of election case? 2. Election protest
Within 10 days from proclamation 2. The death of the protestant or protest renders the election protest moot and should
22. An election protest and quo warranto case can be filed simultaneously and the be dismissed
outcomes are the same Both depends:
Although the causes of action are different: If the position has a right of succession (local, president, vice-
1. Quo warranto - disloyal to the republic or eligibility president) - it will proceed
2. Election protest - assailing any irregularity Party-list, district or senators - special election
Different outcomes regarding replacement: In what cases can it proceed? Death does not render it moot?
1. Quo warranto - not the second place (succession or special elections) If there is a right of succession (e.g. Vice mayor etc.) - he must show
2. Election protest - whoever wins the election that the protest actually won (if he did not win, the vice mayor will not
23. An election protest can be filed solely based on the ER/COC, not the ballots become the mayor)
It can be the sole basis if there are any irregularities 3. Non-payment of cash deposit, non-inclusion of verification, no certificate of non-
Case law - Senator Loren Legarda (no need to question ballots) forum shopping, assailing some of the precincts
24. All election protests for local offices are filed with the COMELEC en banc Non-payment of cash deposit - general rule is it is fatal
No - local offices: Exception: estoppel (fail to object) - subject to waiver
Regional, provincial, city - COMELEC division (appealable to Non-verification - fatal
COMELEC en banc) Non-inclusion of non-forum shopping - general rule is it is fatal
 Assailing some of the precincts - you have to specifically state which 1. SD Card
precincts you are assailing, if not, fatal 2. iButton and PIN
Exception: all precincts 3. Rejected
4. Election protest of Mar Roxas filed in 2010 is now rendered moot 4. Accepted
Yes - Miriam’s case - protest deemed abandoned by filing of COC 12. BEI may not allow a person to vote
Can you not argue that he must win first before it is deemed abandoned? Yes - 4 instances:
No - term is about to expire 1. Indelible ink already on the finger
5. Liberal party designates 5 poll watchers per precinct who are non-residents of the 2. Not in the list of voters (EDCVL)
municipality 3. If there was a challenge for illegal acts and he refuses to swear
Poll watchers must be registered voters of the municipality - Law > GI 4. If BEI is not certain as to his identity
5 poll watchers valid, no maximum allowed by law - GI says only 2 How is the EDCVL different from the PCVL (posted CVL)?
6. Poll watchers have a demandable right in testing and sealing the VCM's PCVL can be found on the door
No demandable right 13. For an orderly and efficient system, an innovative BEI gave out numbers to voters,
GI and law both silent as to the right VCM’s opened at 5am, and did not apply indelible ink if the ballot was not accepted
7. There are 5 diagnostics during the final sealing of the VCM on April 30 by the VCM
May 2-6, not April 30 All false:
There are 10: Holding area - but cannot be given numbers
1. Audio VCM has to open at 6am at the earliest
2. Cast/return buttons Cannot not apply indelible ink (GI)
3. Date 14. Only the BEI chair can give the ballot to the voter and deposit the ballot inside the
4. Ethernet VCM
5. Power Yes - only the chairman can give the ballot (cannot be delegated according
6. Printing to GI)
7. USB Cannot - only the voter can deposit the ballot in the VCM, except if:
8. Ballot scanning 1. Illiterate; or
9. Transmission 2. PWD
10. Touch screen 15. The 2 SD cards the VCM and the ballot box are to be delivered to the city/municipal
8. VCM initialisation report for a precinct shows 3 votes for a candidate and 1000 board of canvassers after the close of polls
voters 2 SD cards:
Re-zero during initialization Slot A shall be delivered to the election officer
Cannot be 1000 voters, since maximum would be 800 Slot B must remain in the VCM
9. Voting can still be conducted until 7pm of election day VCM goes to logistics officer of the COMELEC
Until 5pm Ballot box - city/municipal treasurer
Unless there are voters still lined up; requirements: 16. During and after the voting, the ballot box cannot be opened
1. Names listed down During - it can if it needs a “wobble”
2. Name called 3 times If there is still no space - press it down
3. Be there at 5pm (within 30m from the polling place) After - cannot be opened unless it is when you take out and put in the
10. Voter takes a photo of his ballot, puts his name on the ballot and asks someone to envelopes provided it is with the authority of COMELEC, provided further,
fill up the ballot on his behalf there is prior notice to BEI, treasurer and watchers
Photo - GI does not allow it, and you cannot use camera phones 17. How many markers are provided in the GI?
Puts his name on the ballot - not allowed 24
Fill up on his behalf - if PWD, illiterate, ok
Who can assist?
1. Within 4th civil degree (affinity or consanguinity) - up to 3
2. Persons they trust from household - up to 3 March 10:
3. BEI
11. There is an envelope for marked ballots 1. Last Christmas, former sec. Mar Roxas gave away loot bags to underprivileged
No - no such one in the list children
Marked ballot, can it be counted? There is no problem, it does not constitute vote buying if it was not given out
Yes - if the machine take it in - if it rejects it, place in rejected ballots to induce them (case law)
What are the 4 specific envelopes? Defences:
 1. Tradition
2. Not yet campaign period, so he is not a candidate (AEL)
3. Intention is not to campaign
2. If done today?
May be an election offense
Defence of campaign period is not valid since he is a candidate already
Defence - no issuance of funds involved, if it had been approved before hand
and it is not intended for campaign
Only contributions regularly and habitually given are exempt from the rule on
contribution (normal and customary religious stipends)
3. On May 5, 2016, a provincial governor appoints a person to the Sanggunian Bayan
due to the permanent vacancy caused by the death of a councilor
It is not within the rule - it is not a civil service position (case law)
It is not an appointment, it is a filling of a vacancy for an elective position
4. Last March 8, the president appointed sec. Almendras as Sec. of DFA, and on April
8, the president appoints a justice to the SC
March 8 appointment - valid - not yet within March 25 prohibition period and
a transfer only prohibits the transfer of civil service employees
April 8 - valid - appointments to SC not part of the ban
5. On March 22, 2016, the friends of Catmalogan City, based in California, donated to
the city donations in cash through the mayor who was running for reelection
Certain offenses are Mala Prohibita, others are Mala in Se
Mala in Se - intention is material, in this case, no intention to influence the
election for campaign purposes, it is not an election offense
6. On April 1, 2016, city mayor signed a contract with the private sector for the
construction of socialised housing
Valid - what is improper is the disbursement of the funds, not the signing of
the contract
What is prohibited is the disbursement of funds from the budget of the local
government
What advice would you give the mayor?
Just don’t sign
Ask for COMELEC clearance
7. The OMB suspends a provincial governor on April 16 for influencing the election
supervisor
Suspension of officials is not allowed unless RA 3019
In this case, OMB can validly suspend the governor, influencing an election
supervisor falls within RA 3019
Influencing is also an election offense
8. City mayor transfers a department head to another department today can be
disqualified by the COMELEC en banc at the first instance; his defense is it is not
election related
Transfer would be invalid - prohibition is from Jan. 10, 2016 to June 8, 2016
(election period)
Is there a difference in transferring and appointing?
Appointing - March 25, 2016 to May 9, 2016
Defense will not lie, it is a mala prohibita
Petition to disqualify should be filed COMELEC division (appealable to en
banc, then SC)
For it to be a disqualification case, it must be an election offense enumerated
under Sec. 68 of the Omnibus Election Code - transferring is not enumerated
- the only remedy is to file a penal case against him
9. To raise funds for the bar ops, the bar ops fund head is planning a drinking party at
the pool club on May 8, 2016, will you go?
Liquor ban - May 8-9, 2016
Mala prohibita - intention is immaterial
Liability:
Persons selling
Persons drinking
10. You were appointed consultant of legal affairs by your city today (March 10)
Not yet within the March 25 prohibition period so it is valid
If appointed March 28, can be valid only if with COMELEC approval
Can you not argue it is not civil service?
Maybe - it can be provisional, casual or temporary - which is valid
11. An entrepreneur sets up a dimsum store near the poling place
If beyond 30m, valid
If not election day or eve, valid
What if the intention is just to make money?
Not material, mala prohibita
12. A BOC continues with the canvassing after a pre-proclamation case was raised
questioning the disorderly behavior of lawyers of one political party
Is it an election offense?
No - it is not an election offense, the Omnibus election code provides
an election offense for the BOC continuing counting despite order
from COMELEC
What is your remedy if an election offense is not appropriate?
Pre-proclamation case before the BOC or COMELEC division
Or if there is a proclamation already - election contest or annulment of
proclamation
13. COMELEC can withdraw the deputation of a city prosecutor over election protests
Can COMELEC withdraw?
Before Omnibus Election Law - yes, as deputies, the deputation can
be withdrawn (exclusive COMELEC jurisdiction)
Now - AEL - they have concurrent jurisdiction