Rule-Making Power 3, Art X

 Delegation to administrative bodies –

BASIC CONCEPTS
Rule-making Power (Power of Subordinate o A power given to administrative agencies to issue or
Legislation) promulgate rules and regulations which are necessary
to carry out their functions
Rules and Regulations o Those issued by administrative or executive officers in
accordance with and as authorized by law, otherwise
they become ultra vires
Rationale o Administrative agencies have:
 technical expertise/competence
 they specialize on this field; and
 they have all the time and opportunity to handle these
matters exclusively
Necessity o In order to adapt to increasing complexity of modern
life and variety of public functions
o An exception to separation of powers and non-
delegation of powers
PRINCIPLE OF NON-DELEGATION OF POWERS
General Rule o Postestas delegate non delegari potest
Basis o The ethical principle that a delegated power
constitutes not only a right but also a duty to be
performed by the delegate in the exercise of his own
judgment and not through the intervening mind of
another
o Delegated Power = (Right + Duty) – Further
Delegation = Negation
o Further delegation of the duty consists a negation of
the same
o Not only a right, otherwise it becomes discretionary to
delegate it further or not
Validity of Delegation WON the grant meets the:
 Completeness test
 Sufficient Standard test
Validity of Exercise WON rules and regulation conform with:
 What the statute provides, and
 Whether it is reasonable
by legislative act (enabling law) or by
necessary implication
Completeness test
 A statute is complete when it leaves
the legislature (the subject and the
manner and the extent of its operation
are stated in it) such that when it
reaches the delegate, the only thing he
will have to do is to enforce it
 Whether the provision is sufficiently
definite and certain to enable one to
know his rights and obligations
thereunder
Sufficient standard test
 There must be adequate guidelines or
limitations in the law to map out the
boundaries of the delegate’s authority
and prevent the delegation from
running riot
Requisites of a valid administrative
issuances:
 Must not be inconsistent with the
Constitution (Sutton)
 Must not be inconsistent with statute
(SolGen)
 Cannot amend an act of Congress (De
La Serna)
 Cannot exceed provision of laws
(BFHI)
 Must be uniform, reasonable; not
unfair or discriminatory (Lupangco)

Five Instances When Delegation of Legislative Powers
Is Allowed
o Delegation of tariff powers to the President
o Delegation of emergency powers to the President
o Delegation to the people at large
o Delegation to local governments
o Delegation to administrative bodies

THREE ISSUES ON RULE-MAKING POWER

Permissibility of WON there is:
Delegation  Legislative grant of authority
 To administrative bodies
 To issue rules and regulations
Instances of Valid Delegation
 Delegation of tariff powers to the
President – Sec 28(2), Art VI
 Delegation of emergency powers to
the President – Sec 23(2), Art VI
 Delegation to the people at large – Sec
32, Art VI
 Delegation to local governments – Sec
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 QUASI-JUDICIAL POWER 2. Jurisdiction to order a lessee to vacate leased premises Guerzon vs CA
is vested in the civil courts in an appropriate case for There is nothing in PD 1206 that would suggest that the
BASIC CONCEPTS unlawful detainer or accion publiciana same or similar jurisdiction has been granted to Bureau of
Quasi-judicial power It involves the power to hear and determine, or ascertain Energy Utilization. BEU’s jurisdiction is limited to cases
(adjudicatory power) facts and decide by the application of rules to the involving violation or non-compliance with any term or
ascertained facts condition of any certificate, license or permit issued by it
or any of its orders, decisions, rules or regulations
3. Administrative body my be vested with exclusive Antipolo Realty vs NHA
3 ELEMENTS OF ADJUDICATORY POWERS original jurisdiction on certain disputes falling within Before tribunal, board or officer may exercise judicial or
1. Specific parties It involves the rights, duties, and obligations of specific its expertise quasi-judicial acts, there should be a law that gives rise to
individuals and persons some specific rights of persons or property under which
2. Adjudication by person other than a judge Power or function that partakes of the judicial, but is adverse claims to such rights are made, and the
exercised by a person other than a judge controversy ensuing therefrom is brought, before the
3. Adjudication by agency other than a court Convenient way to justify exercise of judicial power by an tribunal, board, or officer clothed with power and
administrative agency authority to determine what that law is and thereupon
adjudicate the respective rights of the contending parties.
JURISPRUDENCE CLASSIFICAION OF ADJUDICATORY POWERS
PRINCIPLE ILLUSTRATIVE CASES Kind Definition Example
1. Office of the public prosecutor is not a quasi- Pres Anti-Dollar Salting Task Force vs CA 1. Enabling To permit or allow something which  grant or denial of license
judicial body PADS TF was not meant to exercise quasi-judicial functions the law undertakes to regulate (business or occupation)
(try and decide claims and execute its judgments). As the  issuance of securities or
President’s arm called upon to combat “dollar salting” or certificate of public convenience
the black marketing and salting of foreign exchange, it is 2. Directing To issue orders directing parties to  Power of assessment of the BIR or
tasked alone by the Decree to handle the prosecution of conform to governing statutes or BOC
such activities, but nothing more rules  Reparations under the public
2. Prosecutor is a quasi-judicial officer Cojuangco vs PCGG utility laws
While the investigating officer, strictly speaking is not a  Awards under the workmen’s
judge by the nature of his functions, he is and must be compensation laws
considered to be a quasi-judicial officer 3. Dispensing To exempt from general prohibitions  Zoning Boards – may vary
3. Not every function wherein judgment and Santiago vs Bautista or relieve individual from affirmative provisions of zoning authorities
discretion are exercised is a judicial function Before tribunal, board, or officer may exercise judicial or duty  Phil Army Acceptance Board –
quasi-judicial acts, there should be a law that gives rise to relieve certain person from
some specific rights of persons or property under which military training
adverse claims to such rights are made, and the 4. Summary To apply compulsion to effectuate  Abatement of nuisance
controversy ensuing therefrom is brought, before the legal purpose without judicial  Restraint or levy of property of
tribunal, board or officer clothed with power and authority warrant delinquent taxpayer
to determine what that law is and thereupon adjudicate 5. Equitable Power to make proper application of  Cease and desist order
the respective rights of the contending parties rules and equity

STEPS TO THE EXERCISE OF QUASI-JUDICIAL POWER

First step Ascertain facts from pleadings and from evidence adduced
Second step Determine what the applicable law is and what are the
legal rights of the parties
Third step Decide controversy and render judgment thereon

JURISPRUDENCE
Principle Illustrative Cases
1. Doctrine of exhaustion of remedies applies only where Smart vs NTC
the act of administrative agency was performed In questioning the validity of rule or regulation issued by
pursuant to its quasi-judicial function an administrative agency, party need not exhaust
administrative remedies before going to court. This
principle applies only where the act of administrative
agency was performed pursuant to its quasi-judicial
function

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 JUDICIAL REVIEW OF ADMINISTRATIVE ACTIONS 7. Qualified political agency Redundant exercise (the secretary is
the alter ego of the President)
MATRIX OF ADMINISTRATIVE DOCTRINES Almine vs CA
Doctrine Meaning Function Application Rationale 8. Constitutionality of Rules and Judicial prerogative
Primary Jurisdiction When competence or Determines who Quasi-judicial or - take advantage of Regulation Smart vs NTC
(prior resort) jurisdiction is vested initially decides adjudicatory expertise and 9. Result to irreparable damage or Self-preservation
upon an functions specialization injury to plaintiff UP Board of Regeant vs Rasul
administrative body - attain uniformity of 10. Strong public interest is To avoid uncertainty
to act upon a matter, application of involved Arrow Transpo Co vs BOT
no resort to the regulatory laws 11. Estoppel (party who invokes is Agency is bound by its actions
courts may be made in estoppel) Tan vs Veterans Backpay
before such Commission
administrative body
shall have acted on
the matter QUESTIONS OPEN TO REVIEW
Exhaustion of If there is an available Determines the Quasi-judicial or - obviates resort to Question Meaning Rule
Administrative remedy within the timing of judicial adjudicatory courts 1. Questions of When doubt - Administrative
Remedies administrative level review function - give agencies the Law or difference agency
provided by law, no chance to correct its arise as to determines facts
judicial recourse can errors what the law of a controversy
be made until all such - principle of comity is pertaining and apply the law
remedies have been and convenience to a certain o those facts
availed of and state of facts - Reviewing court
exhausted decides whether
Ripeness for Review When the interest of Determined the Rule-Making - prevent premature or not the correct
the plaintiff is timing of judicial power adjudication rule was applied
subjected to or review - protection from to the facts found
imminently judicial interference and whether
threatened with there was
substantial injury evidence to
support the
DOCTRINE OF PRIMARY JURISDICTION findings made
Illustrative cases: 2. Questions of When doubt GR: questions of
- Villaflor vs CA Fact or differences fact is conclusive
- Commissioner vs Navarro arise as to the and not subject to
- Centeno vs Centeno truth or falsity review by the
- Nuesa vs CA of alleged courts if supported
- Regional Director vs CA facts by substantial
evidence
DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES Exceptions:
General Rule Resort first to appropriate administrative authorities in the - When expressly
Exceptions 1. Administrative remedy is Exhaustion is not a condition sine qua allowed by law
merely permissive non - Fraud,
Corpus vs Cuadreno imposition, or
2. Purely legal questions Interpretation of law is within the mistake other
court’s prerogative than error in
Madrigal vs Lecaroz judgment
3. Patently illegal act Lack or excess of jurisdiction - Error in
Cabada vs Alunan appreciation of
4. No administrative order yet Ripeness for review pleadings and
Datiles vs Co interpretation of
5. No other plain, speedy, or Urgency of situation evidence
adequate remedy NFA vs CA submitted
6. Nullification of claim Time is of the essence 3. Questions of Where what - Both findings are
Gravador vs Mamigo Law and of purports to be subject to judicial

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 Fact a finding of review admission to the practice of law, the integrated bar, and
question of - Courts may legal assistance to the underprivileged. Such rules shall
fact is so substitute its provide a simplified and inexpensive procedure for the
involved with judgement for speedy disposition of cases, shall be uniform for all courts
and that of the of the same grade, and shall not diminish, increase of
dependent modify substantive rights. Rules of procedure of special
upon a courts and quasi-judicial bodies shall remain effective
question of unless disapproved by the Supreme Court.
law as to be in
substance and First Lepanto vs CA
effect a 8. Quantum of Proof (Substantial Evidence) Such evidence as a reasonable mind may accept as
decision on adequate to support a conclusion
the latter
HEIRARCHY OF EVIDENTIARY RULES
Example: Proof beyond reasonable doubt Proof of such a convincing character Criminal proceedings
WON a that you would be willing to rely and
nuisance act upon it without hesitation
Clear and convincing evidence Evidence presented by a party during Habeas corpus
the trial must be highly and
ADMINISTRATIVE PROCEEDINGS substantially more probable to be
true than not and the trier of facts
BASIC CONCEPTS must have firm belief or conviction of
Rules of Procedure Every quasi-judicial body has its own rules of procedure its factuality
which it issues as guides in its adjudication of cases filed Preponderance of evidence Just weigh the evidence of the parties. Civil case
with it Whose evidence has the greater
Basis of Formulation  Nature of administrative bodies waeight?
 Purpose for which they are organized Substantial evidence Such evidence as a reasonable mind Administrative proceedings
 Persons who compose them may accept as adequate to support a
conclusion
POWER TO ISSUE RULES OF PROCEDURE
Constitution  Art VIII, Sec 5(5) “Rules of procedure of quasi-
judicial bodies shall remain effective unless
disapproved by the Supreme Court
Conferring Law  Law creating
 Express grant of power to promulgate its rules REQUIREMENTS OF ADMINISTRATIVE PROCEEDINGS
of procedure (Villa vs Lazaro)
By Implication 1. Right to notice, be it actual or constructive, of Paterok vs BOC posting in bulletins
the institution of the proceedings that may
CHARACTERISTICS OF ADMINISTRATIVE PROCEEDINGS affect a person’s legal right
1. Adversarial Results in an order in favor of one person against another 2. Right to reasonable opportunity to appear Lumiqued vs Exevia counsel
2. Quasi-judicial  Taking of evidence personally or with the assistance of counsel and
defend his right and to introduce witnesses and
 Determination of facts
relevant evidence in his favor, by testimony or
 Adjudication
otherwise, and to controvert the evidence of the
3. Civil in nature Civil rather than criminal in nature
other party
4. Not an action in law Not a private one but a public one with public ends
3. Right to a tribunal vested with competent Casimiro vs Tando right to be heard
5. Rules of Court apply suppletorily Sec 2, Rule 18 (Pre-trial); amicable settlement; referral to jurisdiction, so constituted as to give him
arbitration reasonable assurance of honesty and
6. Technical Rules of Court are not applied with Decisions may be reached on the basis of position papers impartiality
rigidity only 4. Right to a finding or decision by that tribunal Globe vs NTC order of the NTC failed to sufficiently explain
supported by substantial evidence presented at
Bantolino vs Coca-Cola the hearing or at least ascertained in the
7. Supreme Court may modify Rules of Procedure Art VIII, Sec 5(5) - Promulgate rules concerning the records, or disclosed or made known to the
protection and enforcement of constitutional rights, parties affected
pleading, practice, and procedure in all courts, the

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 ELECTION LAW office – death, days not later than 90 days from
CHAPTER 1 resignation, permanent occurrence of vacancy
SUFFRAGE, ELECTION & REGISTRATION OF VOTERS disability
DEFINITION OF TERMS 2. OR when certain
ELECTION a. The means – process or system proposal is submitted to
b. By which the people – true sovereign the vote of electors –
c. Choose their officials – selection referendum or plebiscite
d. For a definite and fixed period – term of office
e. The exercise of the power of the government – SYSTEM OF ELECTION ADOPTED IN THE PHILIPPINES
legislative, executive SYSTEM USED Australian system
SUFFRAGE a. The right to vote – citizen’s participation CONCEIVED BY Francis S. Dutton, MP of South Australia
1. In the election of all officer chosen by the FEATURE Strict secrecy in balloting
people – general or special election LEGAL BASIS Sec. 2 Art V 1987 – The congress shall provide a system for
2. And in the determination of all questions securing the secrecy and sanctity of the ballots
submitted to the plebiscite or referendum,
initiative, recall THEORIES ON SUFFRAGE
a. Suffrage is a broader term because it includes Natural right a. Inherent right of every This view dominated USA and France
participation not only in the election of public citizens political thought in the 18th century
officers but also in the plebiscite or referendum b. By virtue of his membership
on a proposed law enactment in the state
b. Election is limited to expression of voter’s choice c. Who is not disqualified by
in the selection of officials reason of his own
reprehensible conduct or
SCOPE OF SUFFRAGE unfitness
ELECTION a. Expression of the sovereign will of the people Social expediency a. Public officer or functions Not right, but duty enjoined upon
b. Involving the choice or selection of candidates to b. Conferred upon those fit and sum citizens
public office by the popular vote capable of discharging it
PLEBISCITE a. Election at which any proposed amendment to, Tribal a. Suffrage is a necessary Not a natural right but accrues only
or revision of the constitution attribute when one became member of the
b. Is submitted to the people for their ratification b. Of membership in the state state
REFERENDUM a. Submission of a law passed by the national or Feudal a. Vested privilege Before in most US states – only
local legislative body to the registered voters b. Usually accompanying the Caucasian males who owned at least
b. B. At an election called for that purpose for their ownership of the land 50 acres of land
ratification or rejection ethical a. Necessary and essential Indicative of political maturity
INITIATIVE a. Process whereby the registered voters directly means
propose, enact law (national, local) b. For the development of the
RECALL a. Method by which a public officer may be society
removed of tenure before the expiration of his
term PHILIPPINE THEORY ON SUFFRAGE
b. by a vote of the people after registration of A right a. Expression of the sovereign Sec I Art II of 1987 Constitution – the
people after registration of a petition signed by will of the people Philippine is a democratic and
required percentage of the qualified voters republican state. Sovereignty resides
in the people and all the government
TWO KINDS OF ELECTION authority emanates from them
GENERAL a. one provided for by law General elections – may 9, 2016 A privilege a. Not granted to everybody but Sec I Art V, 1987 Constitution –
b. for the election of officers Covers: President, VP, senate, HOR to such persons as are most suffrage may be exercised by all
throughout the state, or LGUs: ARMM likely to exercise it for the citizens of the Philippines not
certain subdivisions thereof common good otherwise disqualified by law, who
c. after the expiration of the full are at least 18 years of age, and who
term of the former officers shall have resided in the Philippines
SPECIAL a. one provided by law RA 7166 (nov. 1999) – vacancy in for at let 1 year and in the place
b. under special circumstances the HOR before 1 year before the end wherein they propose to vote for at
c. such as when an election is of the term least 6 month immediately preceding
held the election
1. to fill vacancy in the Special election – not earlier than 60 A duty a. Which every citizen owes his Sec 4 BP 881 – it shall be the duty of
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 country every citizen to regist4r and cast his granted amnesty). It may be automatically
vote reacquired 5 years after service of sentence
(b) Act involving disloyalty against national
Sec 4 Art V 1973 Constitution – it security – treason, insurrection, rebellion,
shall be the obligation of every sedition and firearm laws.
citizen qualified to vote and register (c) Insane or incompetent persons as declared by
and cast their vote competent authority – those who are deprived
of reasons
COMPARATIVE PROVISIONS ON SUFFRAGE
1935 CONSTITUTION 1973 CONSTITUTION 1987 CONSTITUTION REQUISITES FOR THE EXERCISE OF SUFFRAGE
Basic provisions SEC 1 Art V - Suffrage may Sec 1 Art VI - Suffrage shall Sec 1 Art V - Section 1. Registered in the list of voters a. Sec 10 RA 8189 - Disqualifications. - The
be exercised by male be exercised by citizens of Suffrage may be exercised following shall be disqualified from voting: A
citizens of the Philippines the Philippines not by all citizens of the qualified voter shall be registered in the
not otherwise disqualified otherwise disqualified by Philippines not otherwise permanent list of voters in a precinct of the city
by law, who are twenty-one law, who are eighteen years disqualified by law, who are or municipality wherein he resides to be able to
years of age or over and are of age or over, and who at least eighteen years of vote in any election.
able to read and write, and shall have resided in the age, and who shall have b. Sec 6(2) RA 9189 - Qualified citizens of the
who shall have resided in Philippines for at least one resided in the Philippines Philippines abroad who failed to register under
the Philippines for one year year and in the place for at least one year, and in Republic Act No. 8189, otherwise known as the
and in the municipality wherein they propose to the place wherein they "The Voters Registration Act of 1996", may
wherein they propose to vote for at least six months propose to vote, for at least personally apply for registration.....
vote for at least six months preceding the election. No six months immediately c. Sec 4 BP 881 - It shall be the obligation of every
preceding the election. The literacy, property, or other preceding the election. No citizen to register and cast his vote.
National Assembly shall substantive requirement literacy, property, or other
extend the right of suffrage shall be imposed on the substantive requirement
d. Sec 4 Art V, 1973 Constitution - It shall be the
to women, if in a plebiscite exercise of suffrage. The shall be imposed on the
obligation of every citizen qualified to vote to
which shall be held for that Batasang Pambansa shall exercise of suffrage.
register and cast his vote.
purpose within two years provide a system for the
No further qualifications a. No literacy – ability to read and write
after the adoption of this purpose of securing the
b. Property – objection against the feudal theory
Constitution, not less than secrecy and sanctity of the
c. Other substantive requirement
three hundred thousand vote.
women possessing the
necessary qualifications PRE-ELECTION ELECTION PROPER POST-ELECTION
shall vote affirmatively on (before) (during) (after)
the question. - Registration Casting of votes - Counting of votes
Gender Male citizens only Citizens (no distinction) All citizens (no distinction) - Challenge Challenge of illegal votes - Board of elections
- Inclusion Records of challenges and oaths inspectors
Age 21 years of age 18 years of age At least 18 years of age
- Exclusion - Minute of voting and - Appreciation of ballots
Residence At least 1 year – Phil. At least 1 year – Phil. At least 1 year – Phil.
- Voters qualification counting of votes - Election returns
6 months – place to vote 6 months – place to vote 6 months – place to vote
- Certificate of candidacy - List of unused ballots - Announcement of result and
literacy Able to read and write No literacy or property No literacy or property
requirement requirement - Watchers issuance of certificate of
- Election campaign votes received
REQUISITES FOR THE EXERCISE OF SUFFRAGE - Election propaganda - Canvass and proclamation
- Pre-proclamation
QUALIFIED a. All citizens of the Philippine – liens not included
SEC 1 ART V, CONSTITUTION b. Not otherwise disqualified by law – some controversy
disqualification for registration of votes - Election protest against
c. C. Who are at least 18 years of age – lowered to proclaimed candidate
18 from 21 years of ge in the 1935 Constitution - Original and exclusive
d. And who shall have resided in the Philippines jurisdiction
for at least 1 year and in the place wherein they - Appellate jurisdiction
propose to vote for at least 6 months - Requisite of election protest
immediately preceding the election - Quo warranto, its requisites
DIQUALIFICATION (a) Any person who has been sentenced by final - Election offenses
Section 118 ART XII BP 881 judgment to suffer imprisonment for not less - appeal
than one year (unless granted plenary pardon or

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 CONTINUING REGISTRATION SEC 3 RA 8189 –
a. personal filing of application of registration
of voters shall be conducted daily in the
office of election officer during regular office
RELEVANT LAWS IN REGISTRATION hours’
LAW TITLE EFFECTIVITY b. no registration shall, however, be conducted
during the period starting 120 day before a
BP 881 OMNIBUS ELECTION CODE DEC 3, 1985 regular election and 90 day before special
RA 8189 VOTER REGISTRATION ACT OF 1996 JUNE 11, 1996 election
RA 9189 OVERSEA ACT OF 2003 FEB 13, 2003 MANDATORY BIOMETRIC CAPTURE RA 10367
RA 10367 MANDATORY BIOMETRICS VOTERS FEB 15, 2015
REGISTRATION

REGITRATION OF VOTERS Chapter 3

RATIONALE a. as a means of determining who possess the qualifications of voters CHALLENGE, INCLUSION, EXCLUSION, ANNULMENT OF BOOK OF VOTERS
– requires the examination of the claim of persons to vote on the
ground of possessing these qualifications
b. of regulating the exercise of the right to vote – reasonable and CHALLENGES TO RIGHT TO REGISTER
convenient means WHO MAY FILE a. Any voter
NECESSITY a. registration is essential to the exercise of the right to vote b. Candidate
b. It is a part and parcel of the right to vote c. Representative of a political party
c. Indispensable element in the election process REQUIREMENTS a. Application in writing
DIQUALIFICATION (a) Any person who has been sentenced by final judgment to suffer SEC 18 RA 8189 b. Under oath
(SAME – SUFFRAGE) imprisonment for not less than one year (unless granted plenary c. Proof of notice of hearing to challenger and the
pardon or granted amnesty). It may be automatically reacquired 5 applicant
years after service of sentence d. State the grounds for challenge
(b) Act involving disloyalty against national security – treason, PROCEDURE a. Hearing – 3rd monday of the month
insurrection, rebellion, sedition and firearm laws. b. Decision – rendered before end of the month
(c) Insane or incompetent persons as declared by competent authority
WHO CAN OPPOSE a. Filed not later than 2nd monday of the month
– those who are deprived of reasons
b. Scheduled to be heard by election registration
board
REGITRATION OF VOTERS
DUTY TO REGISTER SEC 4 BP 881 - It shall be the obligation of every citizen PETITION FOR INCLUSION
qualified to vote to register and cast his vote.
WHO MAY FILE a. Any person whose application for registration
SEC 115 BP 881 – DEC 3, 1985 –
SEC 34 RA 8189 has been disapproved by the board
A. In order that a qualified elector may vote in any
b. Any person whose name has been stricken out
election, plebiscite or referendum,
from the list
B. he must be registered in the permanent list of
REQUIREMENTS a. Petition
voters for the city or municipality in which he
SEC 34 RA 8189 b. certificate of disapproval of applications
resides.
c. Proof of service of notice of petition upon the
board
REGISTRATION a. accomplishing and filing for registration; must be WHERE TO FILE Municipal or metropolitan trial court
under oath SEC 34 RA 8189
b. by qualified voter; Filipino, not disqualified by WHEN TO FILE a. At any time
law, at let 18 years of age, at least 1 year – Phil, SEC 34 RA 8189 b. Except 105 days prior to regular election or 75
place to vote – at least 6 months immediately days prior to special election
preceding election WHEN TO DECIDE Within 15 days after its filing
c. before election officer of city or municipality APPEAL a. Within 5 days from receipt of notice
wherein he resides b. To RTC
d. including the same in the book of registered
voters- completer the process of registration, now
considered registered voter c. Decide appeal within 10 days from receipt
e. approval by election registration board – hearings d. Decision is final and executory (no MR)
– quarterly;
XXXX PETITION FOR EXCLUSION

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 WHO MAY FILE a. Any registered voter c. Decide appeal c. Decide appeal
SEC 35 RA 8189 b. Representative of a political party within 10 days within 10 days
c. Election officer from receipt from receipt
REQUIREMENTS a. Sworn petition (stating name, address, d. Decision is d. Decision is final
SEC 35 RA 8189 precinct of challenged voter) final and and executory (no
b. Proof of notice to the board and to the executory (no MR)
challenged voter MR)
WHERE TO FILE Municipal or metropolitan trial court
SEC 35 RA 8189
WHEN TO FILE a. At any time ANNULMENT OF BOOK OF VOTERS
SEC 35 RA 8189 b. Except 100 days prior to regular election or 65 WHO MAY FILE Sec 39 RA 8189 a. Any voter
days prior to special election Continuing registration b. Election officer
WHEN TO DECIDE Within 10 days after its filing c. Duly resisted political party
APPEAL a. Within 5 days from receipt of notice
b. To RTC REQUIREMENTS Sec 39 RA 8189 a. Verified petition
c. Decide appeal within 10 days from receipt Continuing registration b. stating the ground
d. Decision is final and executory (no MR) GROUNDS Sec 39 RA 8189 a. Book of voters is not
Continuing registration prepared in accordance with
COMPARISON (Challenge, Inclusion, Exclusion) RA 8189
CHALLENGE INCLUSION EXCLUSION b. Book of voters is prepared
WHO MAY FILE a. Any voter a. Any person a. Any registered voter through fraud, bribery,
b. Candidate whose b. Representative of a forgery, impersonation,
c. Representative of a application for political party intimidation, force or any
political party registration c. Election officer similar irregularity
has been c. Book of voters contains data
disapproved that are statistically
by the board improbable
b. Any person LIMITATIONS Sec 39 RA 8189 a. Order, ruling, decision
whose name Continuing registration annulling a book of voters
has been shall not be executed 90
stricken out days before an election
from the list b. Order annulling book of list
REQUIREMENTS a. Application in writing a. Petition a. Sworn petition (stating name, of voters shall not constitute
b. Under oath b. certificate of address, precinct of challenged a ground for a pre-
c. Proof of notice of hearing to disapproval of voter) proclamation controversy
challenger and the applicant applications b. Proof of notice to the board and
d. State the grounds for c. Proof of service of to the challenged voter
challenge notice of petition upon
the board CHAPTER 4
WHERE TO FILE Election Registration Board Municipal or Municipal or metropolitan trial QUALIFICATIONS AND DISQUALIFICATIONS
metropolitan trial court court
WHEN TO FILE a. At any time a. At any time
b. Except 105 b. Except 100 days prior QUALIFICATION OF CANDIDATES FOR NATIONAL ELECTIVE OFFICES
days prior to to regular election or 65 PRES. & VP SENATE HOUSE OF REP
regular days prior to special BASIS SEC 2 ART VII SEC 3 ART VI SEC 6 ART VI
election or 75 election CITIZENSHIP Natural born Natural born Natural born
days prior to AGE At least 40 years old on the At least 35 years old on the At least 25 years old on the
special day of the election day of the election day of the election
election LITERACY Able to read and write Able to read and write Able to read and write
WHEN TO DECIDE Within 15 days after its Within 10 days after its filing VOTER REGISTRATION Registered voter Registered voter Registered voter in the
filing district in which he shall be
APPEAL a. Within 5 days a. Within 5 days elected
from receipt of from receipt of RESIDENCE Phil. – at least 10 year Phil. – not less than 2 years Phili. - at least two (2)
notice notice preceding election preceding election years before the day of the
b. To RTC b. To RTC
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 election (crime involving moral turpitude) turpitude
PERMANENT RESIDENT Sec 68 - Any person who is a permanent resident of or an
QUALIFICATION OF CANDIDATES FOR LOCAL ELECTIVE OFFICES or immigrant to a foreign country shall not be qualified to run
GOV. & VICE GOV. MAYOR (HUC) MYOR &VM (CITY) SP & SB IMMIGRANT for any elective office under this Code, unless said person
BASIS SEC 39 RA 7160 SEC 39 RA 7160 SEC 39 RA 7160 SEC 39 RA 7160 (foreign country) has waived his status as permanent resident or immigrant
CITIZENSHIP Citizen Citizen Citizen Citizen of a foreign country in accordance with the residence
AGE At least 23 years old At least 23 years old At least 21 years old At least 18 years old requirement provided for in the election laws.
on election day on election day on election day on election day
LITERACY Able to read and Able to read and Able to read and Able to read and
write Filipino or write Filipino or write Filipino or write Filipino or DISQUALIFICATIONS UNDER RA 7160
other local language other local language other local language other local language (Applicable to candidates for Local elective office only)
VOTER Registered voter Registered voter Registered voter Registered voter in
REGISTRATION the district in which CONVICTION Sentenced by final judgement for a crime involving moral
he shall be elected (crime involving moral turpitude) turpitude
RESIDENCE Resident of province Resident of city at Resident of city at Resident of city at CONVICTION Or for an offense punishable by 1 year or more of
at least 1 year least 1 year least 1 year least 1 year (offenses, 1 year or more – imprisonment) imprisonment within 2 years after serving sentence
preceding election preceding election preceding election preceding election REMOVED FROM OFFICE Those removed from office s result of an administrative
case
Phil. – not less than 2 Phil. – not less than 2 Phil. – not less than 2 Phil. – not less than 2 CONVICTION Those convicted from office as a result of an
years preceding years preceding years preceding years preceding (violation of oath of allegiance) administrative case
election election election election DUAL CITIZEN Those with dual citizen
FUGITIVE Fugitives in criminal and non political case here and
DEFINITION OF TERMS abroad
CANDIDATE a. Any person PERMANENT RESIDENT Permanent residents in foreign country or those who have
SEC 79(a) BP 881 b. Aspiring for or seeking an elective office or acquired the right to reside abroad and continue to avail of
c. Who has filed a certificate of candidacy IMMIGRANT the same right after the effectivity of the Local
d. By himself or through an accredited political (foreign country) Government Code
party aggroupment or coalition of parties INSANE OR FEEBLEMINDED Declared as incompetent or insane by competent authority
QUALIFICATIONS a. Condition or circumstance
b. That must be met or complied with COMPRISON OF 2 DISQUALIFICATION GROUNDS
c. To make a person suitable for a particular SEC 40 RA 7160 (Local Government Code) - The SEC 2 BP 881 (Omnibus Election Code) - This Code shall
position following persons are disqualified from running for any govern all election of public officers
DISQUALIFICATION a. The quality of not being suitable elective local position: SEC 12 BP 881 (Omnibus Election Code)
b. For a particular position -Disqualifications
(a) Those sentenced by final judgment for an offense (a) for any offense for which he has been sentenced to a
DEFINITION OF TERMS involving moral turpitude or for an offense punishable by penalty of more than eighteen months or for a crime
NATURL BORN CITIZEN a. Those who are citizens of the Philippines at the time of the adoption one (1) year or more of imprisonment, within two (2) involving moral turpitude
SEC 2 ART IV of this Constitution years after serving sentence;
b. Without having to perform any act to acquire or perfect their (b) Those removed from office as a result of an
citizenship administrative case;
c. Those born before January 17, 1973, of Filipino mothers, who elect (c) Those convicted by final judgment for violating the (c) has been declared by competent authority insane or
Philippine citizenship upon reaching the age of majority oath of allegiance to the Republic; incompetent, or has been sentenced by final judgment for
RESIDENCE Indicate a place of abode, whether permanent or temporary subversion, insurrection, rebellion
DOMICILE a. For the exercise of civil rights and fulfilment of obligations (d) Those with dual citizenship;
b. The domicile of natural person is their habitual residence (e) Fugitives from justice in criminal or non-political
cases here or abroad;
DISQUALIFICATIONS (f) Permanent residents in a foreign country or those who (f) SEC 68 - Any person who is a permanent resident of or
INCOMPETENT OR INSANE Declared as incompetent or insane by competent authority have acquired the right to reside abroad and continue to an immigrant to a foreign country shall not be qualified to
CONVICTION Sentenced by final judgement for subversion, insurrection, avail of the same right after the effectivity of this Code; run for any elective office under this Code, unless said
(subversion, insurrection, rebellion) rebellion or any offense for which he has been sentenced person has waived his status as permanent resident or
OR to penalty of more than 18 months imprisonment immigrant of a foreign country in accordance with the
CONVICTION residence requirement provided for in the election laws.
(any offenses, 18 months or more – imprisonment) (g) The insane or feeble-minded (g) Any person who has been declared by competent
CONVICTION Sentenced by final judgement for a crime involving moral authority insane or incompetent

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CHAPTER 5
CANDIDACY
Candidate?
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, aggroupment, or coalition of parties. (Sec. 79, BP 881)
Certificate of Candidacy (COC) ?
Sworn document required to be filed by a person in order to be eligible for any elective public office.
Contents of a COC? (Sec. 74, BP 881)
The certificate of candidacy shall state that the person filing it is announcing his candidacy for the office stated therein
and that he is eligible for said office;
 If for Member of Batasang Pambansa
o the province, including its component cities, highly urbanized city or district or sector which he seeks to
represent;
o the political party to which he belongs;
o civil status;
o his date of birth;
o residence;
o his post office address for all election purposes;
o his profession or occupation;
o that he will support and defend the Constitution of the Philippines and will maintain true faith and
allegiance thereto;
o that he will obey the laws, legal orders, and decrees promulgated by the duly constituted authorities;
o that he is not a permanent resident or immigrant to a foreign country; that the obligation imposed by his
oath is assumed voluntarily, without mental reservation or purpose of evasion; and
o that the facts stated in the certificate of candidacy are true to the best of his knowledge.
Unless a candidate has officially changed his name through a court approved proceeding, a certificate shall use in a
certificate of candidacy the name by which he has been baptized.
Not baptized in any church or religion? - name registered in the office of the local civil registrar or any other name
allowed under the provisions of existing law
In case of a Muslim? - Hadji name after performing the prescribed religious pilgrimage:
Two or more candidates for an office with the same name and surname?
Each candidate, upon being made aware or such fact, shall state his paternal and maternal surname, except the
incumbent who may continue to use the name and surname stated in his certificate of candidacy when he was elected. He
may also include one nickname or stage name by which he is generally or popularly known in the locality.
The person filing a certificate of candidacy shall also affix his latest photograph, passport size; a statement in duplicate
containing his bio-data and program of government not exceeding one hundred words, if he so desires.
Requisite for Eligibility; Rules (Sec. 73, BP 881)
 No person shall be eligible for any elective public office unless he files a sworn certificate of candidacy within the
period fixed herein.
 A person who has filed a certificate of candidacy may, prior to the election, withdraw the same by submitting to the
office concerned a written declaration under oath.
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 No person shall be eligible for more than one office to be filled in the same election, and if he files his certificate of
candidacy for more than one office, he shall not be eligible for any of them.
 However, before the expiration of the period for the filing of certificates of candidacy, the person who was filed
more than one certificate of candidacy may declare under oath the office for which he desires to be eligible and
cancel the certificate of candidacy for the other office or offices.
 The filing or withdrawal of a certificate of candidacy shall not affect whatever civil, criminal or administrative
liabilities which a candidate may have incurred.
Cases:
Doctrines
“….. after the people have expressed their will honestly, the result of the election cannot be
defeated by the fact that the respondent who was certified by the provincial secretary to
be a legal candidate for the office of provincial governor, has not sworn to his certificate
De Guzman v. Board of
of candidacy.”
Canvassers
48 Phil 211
Formal defects in the certificate of candidacy. While the certificate of candidacy is
required to be under oath, the election of the candidate cannot be annulled on the sole
ground of formal defects in the certificate, such as lack of the required oath.
“…..Sec. 39, par. (a), of the Local Government Code of 1991, earlier quoted, that the law
does not specifically require that the candidate must state in his certificate of candidacy
his Precinct Number and the Barangay where he is registered. Apparently, it is enough
that he is actually registered as a voter in the precinct where he intends to vote, which
should be within the district where he is running for office.”
The omission by a candidate to indicate in his certificate of candidacy his precinct
number and particular barangay where he is a registered voter, is not sufficient ground
Jurilla v. COMELEC to disqualify the candidate, because the Local Gov’t Code does not require these data to
G.R. No. 105436, June 2, be indicated in the certificate. It is enough that he is actually registered as a voter in the
1994 precinct where he intends to vote, which should be within the district where he is
running for office.
Effects of filing a certificate of candidacy
 Candidates holding appointive office or positions . - Any person holding a public appointive office or
position, including active members of the Armed Forces of the Philippines, and officers and employees in
government-owned or controlled corporations, shall be considered ipso facto resigned from his office
upon the filing of his certificate of candidacy. (Sec 66, BP 881)
 Candidates holding elective office . - Any elective official, whether national or local, running for any office
other than the one which he is holding in a permanent capacity, except for President and Vice-President,
shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy. (Sec
67, BP 881)
 Any person who files his certificate of candidacy within this period shall only be considered as a
candidate at the start of the campaign period for which he filed his certificate of candidacy: Provided,
That, unlawful acts or omissions applicable to a candidate shall effect only upon that start of the aforesaid
campaign period: Provided, finally, That any person holding a public appointive office or position,
including active members of the armed forces, and officers, and employees in government-owned or-
controlled corporations, shall be considered ipso factor resigned from his/her office and must vacate
the same at the start of the day of the filing of his/her certification of candidacy. (Sec 13, RA 9369,
amending Sec 11 of RA 8436)

Cases:
Doctrines
“…..Section 66 of the Omnibus Election Code applies to officers and employees in government-owned or
PNOC controlled corporations, even those organized under the general laws on incorporation and therefore
Energy v. not having an original or legislative charter, and even if they do not fall under the Civil Service Law but
NLRC G.R. under the Labor Code. In other words, Section 66 constitutes just cause for termination of employment
No. 100947 in addition to those set forth in the Labor Code, as amended.”
May 31,
1993 Sec. 66, BP 881 applies even to employees of government-owned or controlled corporations without
an original charter.
”Section 4(a) of COMELEC Resolution 8678 is a faithful reflection of the present state of the law and
jurisprudence on the matter.
 Quinto v. Incumbent Appointive Official. - Under Section 13 of RA 9369, which reiterates Section 66 of the
COMELEC Omnibus Election Code, any person holding a public appointive office or position, including active
613 SCRA members of the Armed Forces of the Philippines, and officers and employees in government-owned or
385 -controlled corporations, shall be considered ipso facto  resigned from his office upon the filing of his
certificate of candidacy.”
Supreme Court upheld the constitutionality of the aforementioned provision.
Effect of filing two (2) certificate of candidacy (Sec 73, par. 3, BP 881)
 No person shall be eligible for more than one office to be filled in the same election, and if he files his certificate of
candidacy for more than one office, he shall not be eligible for any of them.
Case:
Doctrines
“We annul the COMELEC resolution declaring petitioner disqualified for both
positions of governor of Leyte and mayor of the municipality of Baybay, Leyte. he
filing of the affidavit of withdrawal with the election officer of Baybay, Leyte, was a
substantial compliance with the requirement of the law. We hold that petitioner's
Catalina Loreto-Go v.
withdrawal of her certificate of candidacy for mayor of Baybay, Leyte was effective
COMELEC
for all legal purposes, and left in full force her certificate of candidacy for governor.”
G.R. No. 147741 May 10, 2001
When a person files two certificates of candidacy for different offices, he becomes
ineligible for either position. He may withdraw one of his certificates by filing a
sworn declaration with the COMELEC before the deadline for the filing of
certificates of candidacy.
Death disqualification, withdrawal of a candidate (Sec 77, BP 881)
 If after the last day for the filing of certificates of candidacy, an official candidate of a registered or accredited
political party dies, withdraws or is disqualified for any cause, only a person belonging to, and certified by, the same
political party may file a certificate of candidacy to replace the candidate who died, withdrew or was disqualified.
o The substitute candidate nominated by the political party concerned may file his certificate of
candidacy for the office affected in accordance with the preceding sections not later than mid-day of
the day of the election.
  If the death, withdrawal or disqualification should occur between the day before the election and mid-day of
election day, said certificate may be filed with any board of election inspectors in the political subdivision where he
is a candidate, or, in the case of candidates to be voted for by the entire electorate of the country, with the
Commission.
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Cases:
Doctrines
 “The Election Code allows a person who has filed a certificate of candidacy to
withdraw the same prior to the election by submitting a written declaration under
oath. There is no provision of law which prevents a candidate from withdrawing his
certificate of candidacy before the election”
Luna v. COMELEC G.R. No.
165983 April 24, 2007 “Hans Roger already withdrew his certificate of candidacy before the COMELEC
declared that he was not a valid candidate. Therefore, unless Hans Rogers certificate
of candidacy was denied due course or cancelled in accordance with Section 78 of the
Election Code, Hans Rogers certificate of candidacy was valid and he may be validly
substituted by Luna.”
“……whereby he withdrew his withdrawal of his certificate of candidacy, can only be
considered as a new certificate of candidacy which, having been filed only four days
before the election, could not legally be accepted under the law, which expressly
Monsale vs. Nico provides that such certificate should be filed at sixty days before the election.”
83 Phil. 758
The withdrawal of the withdrawal, for purpose of reviving the certificate of
candidacy, must be made within the period provided by law for filing of the
certificate of candidacy.
Duty of the COMELEC
 Ministerial duty of receiving and acknowledging receipt. - The Commission, provincial election supervisor, election
registrar or officer designated by the Commission or the board of election inspectors under the succeeding section
shall have the ministerial duty to receive and acknowledge receipt of the certificate of candidacy. (Sec 76, BP 881)
Cases:
Doctrines
“……foregoing provisions give the Commission no discretion to give or not to give due
course to petitioner's certificate of candidacy. On the contrary, the Conunission has,
admittedly, the "ministerial" duty to receive said certificate of candidacy. Of what use
Abcede v. Imperial
would it be to receive it if the certificate were not to be given due course? We must not
103 Phil 136
assume that Congress intended to require a useless act — that it would have imposed
a mandatory duty to do something vain, futile and empty.”
“The Commission may not, by itself, without the proper proceedings, deny due course
to or cancel a certificate of candidacy filed in due form.”
Cipriano v. COMELEC “The Commission has no discretion to give or not to give due course to petitioners
479 Phil 677 certificate of candidacy. The duty of the COMELEC to give due course to certificates of
candidacy filed in due form is ministerial in character. While the Commission may
look into patent defects in the certificates, it may not go into matters not appearing
on their face.”
Petition to deny due course to or cancel a certificate of candidacy (Sec 78, BP 881)
 A verified petition seeking to deny due course or to cancel a certificate of candidacy may be filed by the person
exclusively on the ground that any material representation contained therein as required under Section 74 hereof
is false.
 The petition may be filed at any time not later than twenty-five days from the time of the filing of the certificate
of candidacy and shall be decided, after due notice and hearing, not later than fifteen days before the election.
Cases:

Pendatun Salih v. Sales
G.R. No. 122872 September 10,
1997
Loong v. COMELEC
216 SCRA 760
Doctrines
“……on the basis only of the election returns which, on their face, appear regular and
wanting of any physical signs of tampering, alteration, or other similar vice, the
Second Division could not justifiably exclude said returns on the occasion of a pre-
proclamation controversy whose office is limited to incomplete, falsified or materially
defective returns which appear as such on their face. If there had been sham voting or
minimal voting which was made to appear as normal through the falsification of the
election returns by private respondent Alonzos followers, such grounds are properly
cognizable in an election protest and not in a pre-proclamation controversy”
“The prevailing doctrine in this jurisdiction, therefore, is that as long as the returns
appear to be authentic and duly accomplished on their face, the Board of Canvassers
cannot look beyond or behind them to verify allegations of irregularities in the
casting or the counting of the votes.”
Petition for cancellation must be filed within 25 days from filing of the certificate of
candidacy sought to be cancelled. In the present case, a petition for cancellation of
certificate of candidacy filed beyond the 35-day period was not given due course.
 Transportation, food and drinks. It shall be unlawful for any candidate, political party, organization, or any person
to give or accept, free of charge, directly or indirectly, transportation, food or drinks or things of value during the
five hours before and after a public meeting, on the day preceding the election, and on the day of the election; or to
give or contribute, directly or indirectly, money or things of value for such purpose. (Sec 89, BP 881)
Case
Doctrines
“Section 80 of the Omnibus Election Code prohibits is "an election campaign or
partisan political activity" by a "candidate" "outside" of the campaign period.”
Lanot v. COMELEC
Thus, the essential elements for violation of Section 80 of the Omnibus Election Code
are:
G.R. No. 164858 November 16,
(1) a person engages in an election campaign or partisan political activity;
2006
(2) the act is designed to promote the election or defeat of a particular
candidate or candidates;
(3) the act is done outside the campaign period.
Lawful election propaganda (Sec 3, RA 9006; Sec 82, BP 881)

CHAPTER 6
CAMPAIGN
Election campaign?
Also called partisan political activity, refers to an act designed to promote the election or defeat of a particular candidate
or candidates to a public office which shall include:
(1) Forming organizations, associations, clubs, committees or other groups of persons for the purpose of soliciting
votes and/or undertaking any campaign for or against a candidate;
(2) Holding political caucuses, conferences, meetings, rallies, parades, or other similar assemblies, for the purpose
of soliciting votes and/or undertaking any campaign or propaganda for or against a candidate;
(3) Making speeches, announcements or commentaries, or holding interviews for or against the election of any
candidate for public office;
(4) Publishing or distributing campaign literature or materials designed to support or oppose the election of any
candidate; or
(5) Directly or indirectly soliciting votes, pledges or support for or against a candidate.
(1) Pamphlets, leaflets, cards, decals, stickers or other written or printed materials the size of which does not exceed
eight and one half inches in width and fourteen inches in length;
(2) Handwritten or printed letters urging voters to vote for or against any particular political party or candidate for
public office;
(3) Cloth, paper or cardboard posters, whether framed or posted, with an area not exceeding two (2) feet by three (3)
feet, except that, at the site and on the occasion of a public meeting or rally, or in announcing the holding of said
meeting or rally, streamers not exceeding three (3) feet by eight (8) feet in size, shall be allowed:  Provided, That said
streamers may be displayed five (5) days before the date of the meeting or rally and shall be removed within
twenty-four (24) hours after said meeting or rally;
(4) Paid advertisements in print or broadcast media: Provided, That the advertisements shall follow the requirements
set forth in Section 4 of this Act; and
(5) All other forms of election propaganda not prohibited by the Omnibus Election Code or this Act.

What are not considered election campaign or partisan political activity?
 1-5, If performed for the purpose of enhancing the chances of aspirants for nomination for candidacy to a
public office by a political party, aggroupment, or coalition of parties.
 Public expressions or opinions or discussions of probable issues in a forthcoming election or on attributes of
or criticisms against probable candidates proposed to be nominated in a forthcoming political party
convention
Prohibitions?
 Election campaign or partisan political activity outside campaign period. However, political parties may hold
political conventions or meetings to nominate their official candidates within thirty days before the commencement
of the campaign period and forty-five days for Presidential and Vice-Presidential election. (Sec. 80, BP 881)
 Intervention of foreigners. It shall be unlawful for any foreigner, whether judicial or natural person, to aid any
candidate or political party, directly or indirectly, or take part in or influence in any manner any election, or to
contribute or make any expenditure in connection with any election campaign or partisan political activity. (Sec 81,
BP 881)
 Removal, destruction or defacement of lawful election propaganda prohibited. It shall be unlawful for any person
during the campaign period to remove, destroy, obliterate, or in any manner deface or tamper with, or prevent the
distribution of lawful election propaganda. (Sec 83, BP 881)
Prohibited forms of election propaganda (Sec 85, BP 881)
It shall be unlawful:
(1) To print, publish, post or distribute any poster, pamphlet, circular, handbill, or printed matter urging voters to vote
for or against any candidate unless they bear the names and addresses of the printer and payor as required in
Section 84 hereof;
(2) To erect, put up, make use of, attach, float or display any billboard, tinplate-poster, balloons and the like, of
whatever size, shape, form or kind, advertising for or against any candidate or political party;
(3) To purchase, manufacture, request, distribute or accept electoral propaganda gadgets, such as pens, lighters, fans of
whatever nature, flashlights, athletic goods or materials, wallets, shirts, hats, bandanas, matches, cigarettes and the
like, except that campaign supporters accompanying a candidate shall be allowed to wear hats and/or shirts or T-
shirts advertising a candidate;
(4) To show or display publicly any advertisement or propaganda for or against any candidate by means of
cinematography, audio-visual units or other screen projections except telecasts which may be allowed as
hereinafter provided; and
(5) For any radio broadcasting or television station to sell or give free of charge air time for campaign and other
political purposes except as authorized in this Code under the rules and regulations promulgated by the
Commission pursuant thereto.

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Any prohibited election propaganda gadget or advertisement shall be stopped, confiscated or torn down by the
representative of the Commission upon specific authority of the Commission.
Cases
Doctrines
“The COMELEC's prohibition on posting of decals and stickers on "mobile" places
whether public or private except in designated areas provided for by the COMELEC
Adiong v. COMELEC
itself is null and void on constitutional grounds.”
G.R. No. 103956 March 31,
“The prohibition unduly infringes on the citizen’s fundamental right of free speech
1992
enshrined in the Constitution (Sec. 4, Article III). There is no public interest
substantial enough to warrant the kind of restriction involved in this case.”
“The holding of exit polls and the dissemination of their results through mass media
constitute an essential part of the freedoms of speech and of the press. Hence, the
ABS-CBN Broadcasting Corp. Comelec cannot ban them totally in the guise of promoting clean, honest, orderly and
v. COMELEC credible elections. Quite the contrary, exit polls — properly conducted and publicized
— can be vital tools in eliminating the evils of election-fixing and fraud. Narrowly
G.R. No. 133486 January 28, tailored countermeasures may be prescribed by the Comelec so as to minimize or
2000 suppress the incidental problems in the conduct of exit polls, without transgressing in
any manner the fundamental rights of our people.”
Sec. 5.4, RA 9006 is invalid because
(1) it imposes a prior restraint on the freedom of expression,
SWS, Inc. v. (2) it is a direct and total suppression of a category of expression even though such
COMELEC suppression is only for a limited period, and
(3) the governmental interest sought to be promoted can be achieved by means other
G.R. No. 147571 than suppression of freedom of expression.
May 5, 2001
Sec. 5.4 - Surveys affecting national candidates shall not be published fifteen (15) days
before an election and surveys affecting local candidates shall not be published seven
(7) days before an election.
The Supreme Court upheld the validity of COMELEC Resolution 6520 that all
Chavez v. COMELEC propaganda materials including advertisements on print, in radio, or on television,
showing the image or mentioning the name of a person who, subsequent to the
G.R. No. 162777  placement or display thereof, becomes a candidate for public office, be immediately
August 31, 2004 removed, otherwise this shall be presumed as premature campaigning in violation
of the provisions of BP 881.
Contributions and Expenses
Election contribution?
Includes a gift, donation, subscription, loan, advance or deposit of money or anything of value, or a contract, promise or
agreement to contribute, whether or not legally enforceable, made for the purpose of influencing the results of the
elections but shall not include services rendered without compensation by individuals volunteering a portion or all of
their time in behalf of a candidate or political party. (Sec 94, BP 881)
Election expenses?
Includes the payment or delivery of money of anything of value, or a contract, promise or agreement to make an
expenditure, for the purpose of influencing the results of the election. (Sec 94, BP 881)
Prohibited contributions (Sec 95, BP 881)
Limitations? (Sec 13, RA 7166)
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Authorized Expenses of Candidates and Political Parties
The agreement amount that a candidate or registered political party may spend for election campaign shall be as follows:
For candidates:
o Ten pesos (P10.00) for President and Vice-President; and
o Three Pesos (P3.00) for other candidates for every voter currently registered in the constituency where he
filed his certificate of candidacy: Provided, That a candidate without any political party and without support
from any political party may be allowed to spend Five Pesos (P5.00) for every such voter
For political parties:
o Five pesos (P5.00) for every voter currently registered in the constituency or constituencies where it has
official candidates.
Statement of Contributions and Expenditures (Sec 14, RA 7166)
 Every candidate and treasurer of the political party shall, within thirty (30) days after the day of the election, file in
duplicate with the offices of the Commission the full, true and itemized statement of all contributions and
expenditures in connection with the election.
 No person elected to any public offices shall enter upon the duties of his office until he has filed the statement of
contributions and expenditures herein required.
 The same prohibition shall apply if the political party which nominated the winning candidate fails to file the
statement required herein
Effect of failure to file statement? – ADMINISTRATIVE OFFENSE (Sec 14, RA 7166)
 Offenders shall be liable to pay an administrative fine ranging from One thousand pesos (P1,000.00) to Thirty
thousand pesos (P30,000.00), in the discretion of the Commission.
 For the commission of a second or subsequent offense under this section, the administrative fine shall be from Two
thousand pesos (P2,000.00) to Sixty thousand pesos (P60,000.00), in the discretion of the Commission. In addition,
the offender shall be subject to perpetual disqualification to hold public office.
Case:
“In the case at bench, as the law makes no distinction or qualification as to whether
the candidate pursued his candidacy or withdrew the same, the term "every
candidate" must be deemed to refer not only to a candidate who pursued his
Pilar v. COMELEC
campaign, but also to one who withdrew his candidacy.”
245 SCRA 749
The requirement to file the statement covers even those who withdrew as
candidates after having filed their certificates, because, Sec. 14, RA 7166 does not
make any distinction.
CHAPTER 7
WATCHERS
Who are entitled?
Every registered political party, coalition of political parties and every independent candidate shall each be entitled to
one watcher in every polling place. (Sec 178, BP 881; Sec 26, RA 7166)
Qualifications (Sec 178, BP 881)
a. Qualified voter of the city or municipality;
 b. of good reputation and shall not have been convicted by final judgment of any election offense or of any other
crime;
c. must know how to read and write Pilipino, English, Spanish or any of the prevailing local dialects; and
d. not related within the fourth civil degree of consanguinity or affinity to the chairman or any member of the
board of election inspectors in the polling place where he seeks appointment as a watcher.
Rights and Duties of watchers (Sec 179, BP 881)
 The watchers shall have the right to stay in the space reserved for them inside the polling place.
 They shall have the right to witness and inform themselves of the proceedings of the board of election
inspectors, including its proceedings during the registration of voters, to take notes of what they may see or
hear, to take photographs of the proceedings.
 to file a protest against any irregularity or violation of law
 to read the ballots after they shall have been read by the chairman
 to be furnished with a certificate of the number of votes in words and figures cast for each candidate
Other watchers
The duly accredited citizens arm of the Commission shall be entitled to appoint a watcher in every polling place. Other
civic, religious, professional, business, service, youth and any other similar organizations, with prior authority of the
Commission, shall be entitled collectively to appoint one watcher in every polling place.
CHAPTER 8
CASTING OF VOTES
Preparation of ballots for illiterate and disabled persons
A voter who is illiterate or physically unable to prepare the ballot by himself may be assisted in the preparation of his
ballot by:
 a relative, by affinity or consanguinity within the fourth civil degree; or
 if he has none, by any person of his confidence who belong to the same household or any member of the board
of election inspectors, except the two party members.
 No voter shall be allowed to vote as illiterate or physically disabled unless it is so indicated in his
registration record.
Limitations
 In no case shall an assistor assist more than three times except the non-party members of the board of election
inspectors.
 The person thus chosen shall prepare the ballot for the illiterate or disabled voter inside the voting booth.
 The person assisting shall bind himself in a formal document under oath to fill out the ballot strictly in accordance
with the instructions of the voter and not to reveal the contents of the ballot prepared by him.
Authentication of Ballots
Signature of Chairman at the Back of Every Ballot.
In every case before delivering an official ballot to the voter, the chairman of the board of election inspectors shall, in the
presence of the voter, affix his signature at the back thereof.
Failure? - Failure to so authenticate shall be noted in the minutes of the board of election inspectors and shall constitute
an election offense
Cases:
Doctrines
Libanan v. HRET “There is really nothing in the above law to the effect that a ballot which is not so
authenticated shall thereby be deemed spurious. The law merely renders the BEI
G.R. No. 129783 Chairman accountable for such failure.”
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December 22, 1997
“While Section 24 of Republic Act No. 7166 requires the BEI chairman to affix his
signature at the back of the ballot, the mere failure to do so does not invalidate the
same although it may constitute an election offense imputable to said BEI
chairman. Nowhere in said provision does it state that the votes contained therein
Punzalan v. COMELEC shall be nullified. It is a well-settled rule that the failure of the BEI chairman or any of
289 SCRA 702 the members of the board to comply with their mandated administrative
responsibility, i.e., signing, authenticating and thumbmarking of ballots, should not
penalize the voter with disenfranchisement, thereby frustrating the will of the
people.”
Challenge of illegal voters (Sec 199, BP 881)
(a)  Any voter, or watcher may challenge any person offering to vote for not being registered, for using the name of
another or suffering from existing disqualification.
(b) No voter shall be required to present his voter's affidavit on election day unless his identity is challenged.
o His failure or inability to produce his voter's affidavit upon being challenged, shall not preclude him
from voting:
  if his identity be shown from the photograph, fingerprints, or specimen signatures in his
approved application in the book of voters; or
 if he is identified under oath by a member of the board of election inspectors and such
identification shall be reflected in the minutes of the board.
Grounds for challenge (Sec 200, BP 881)
Any voter or watcher may challenge any voter offering to vote on the ground that:
(1) the challenged person has received or expects to receive, has paid, offered or promised to pay, has contributed,
offered or promised to contribute money or anything of value as consideration for his vote or for the vote of
another
(2) that he has made or received a promise to influence the giving or withholding of any such vote or that he has
made a bet or is interested directly or indirectly in a bet which depends upon the result of the election
Procedure:
 Challenged person shall take a prescribed oath before the 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 be dismissed and the challenged voter shall be allowed to vote, but
in case of his refusal to take such oath, the challenge shall be sustained and he shall not be allowed to vote.
Record of challenges (Sec 202, BP 881)
The poll clerk shall keep a prescribed record of challenges and oaths taken in connection therewith and the resolution of
the board of election inspectors in each case and, upon the termination of the voting, shall certify that it contains all the
challenges made.
 CHAPTERS 9
BOARD OF ELECTION INSPECTORS

BOARD OF ELECTION INSPECTORS

a. Chairman
COMPOSITION b. Member
c. Poll clerk

a. Good moral character and irreproachable reputation

QUALIFICATIONS
b. Registered voter of the city or municipality
Sec 2 RA 8786 c. Has never been convicted of any election offense or of any other crime
punishable by more than six (6) months of imprisonment;
d. Is able to speak, read and write English or the local dialect

BOARD OF ELECTION INSPECTORS

a. must not be related within the fourth civil degree of consanguinity or

DISQUALIFICATION affinity to any member of the same BEI or to any candidate to be voted for
Sec 3 RA 8786 in the polling place
b. must not engage in any partisan political activity

a. Conducts the voting in the polling place and administer the election
counting of voters;
POWERS b. Act as deputies of COMELEC in supervision and control of polling place
Sec 10 RA 8786 c. Maintain order within the polling place and its premises
d. Perform such other functions prescribed by law or by the rules and
regulations promulgated by the COMELEC

CHAPTER 10
COUNTING OF VOTES

COUNTING OF VOTES

a. 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 results
PROCEDURE
Sec 206 BP 881 b. The board of election inspectors shall not adjourn or postpone or delay
Administrative Law & Election Law (Atty Gallant
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the Commission Soriano)
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PRE-PROCLAMATION CONTROVERSY
DEFINITION
(Sec.241, B.P.881)
PURPOSE
RATIONALE
1. Illegal composition or
proceedings of the Board
of Canvassers.
2. Election Returns were
prepared under duress,
threats, coercion, and
intimidation, or they are
obviously manufactured
or not authentic.
3. When substitute or
fraudulent returns in
controverted polling
places were canvassed, the
results of which materially
affected the standing of the
aggrieved candidate or
candidates.
CHAPTER 11
a. Refers to any question pertaining to or affecting;
b. The proceedings of the Board of Canvassers;
c. Which may be raised by any candidate or by political party or
coalition of political parties;
d. Before the Board or directly with Comelec;
e. Or any matter raised under Secs. 233,234,235,236 in relation to the
preparation, transmission, receipt, custody, and appreciation of the
election returns.
a. To ascertain the winners in the elections on the basis of election
returns duly authenticated by the Board of Elections Inspectors and
admitted by the Board of Canvassers.
a. Prevent the nefarious practice known as “grab –the-proclamation,
prolong-the-protest.”
ISSUES THAT MAY BE RAISED
Villamor v. Comelec GR 16986,July 1, 2006
If issue involves illegal composition of Board of Canvassers, it must be filed
immediately when Board of Canvassers begins to act as such, or at the time
of the appointment of the member whose capacity as such is objected to.
Lagumbay v. Comelec, 16 SCRA 175
In each precinct the number of the registered voters equaled the number of
ballots and number of votes reportedly cost and tallied for each and every
candidate of LP, whereas, all the NP got exactly zero. Supreme Court stated
that said returns were obviously false or fabricated-prima facie, and
enunciated the doctrine of statistical improbability.
Espaldon v. Comelec G.R. No. L-78987 Aug. 25, 1987
Padded voter’s list , massive fraud, and terrorism are clearly not among the
issues that ,ay be raised in a pre-proclamation controversy. They are proper
grounds for an election protest.
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JURISDICTION OVER ELECTION CONTESTS
POSITION
PRESIDENT / VICE-PRESIDENT
SENATOR
REPRESENTATIVE
REGIONAL / PROVINCIAL CITY
MUNICIPAL
BARANGAY
DECISIONS
RTC IN MUNICIPAL OFFICES
DECISIONS OF COMELEC
DECISIONS OF ELECTORAL TRIBUNAL
REQUISITES OF AN ELECTION PROTEST
1. Must be filed by any candidates
who has filed a COC and has been
voted upon for the same office
2. On grounds of fraud, terrorism,
irregularities or illegal acts
committed before, during or after
CHAPTER 12
ELECTION CONTESTS the casting and counting of votes.
ORIGINAL AND EXCLUSIVE
Supreme Court 3. Within the (10 days) from the
Gatchalian v. Comelec 245 SCRA 208
proclamation of the results of the
The period for filing an election protest is suspended during the pendency
election. of a pre-proclamation controversy.
Senate Electoral Tribunal
HR Electoral Tribunal
4. Payment of Docket Fee Solar vs Comelec 339 SCRA 685
COMELEC For failure to pay the basic docket fee, the protest should be dismissed.
Regional Trial Court
REQUISITES OF QUO WARRANTO
Municipal Trial Court, Metropolitan Trial Court
APPELATE JURISDICTION
1. Filed by any registered voter in Tan v. Comelec, June 1,1998
COMELEC Gubernatorial candidate is not the proper party to institute election
the constituency.
protest regarding the election of the Vice-Governor, Board Members and
Municipal Mayors.
SUPREME COURT
SUPREME COURT
2. On grounds of ineligibility or Ocampo v. HRET, G.R. No. 158466, June 15, 2004
disloyalty to the Republic of the There must be a final judgment (of disqualification) before the election in
Philippines. order that the votes of the disqualified candidate can be constituted as
“stray”.
Tan v. Comelec, June 1,1998
Gubernatorial candidate is not the proper party to institute election
protest regarding the election of the Vice-Governor, Board Members and
Municipal Mayors.
Arao vs Comelec 210 SCRA 290
The Comelec cannot simply close its eyes to the illegality of the ballots even
if the protestant omitted to raise the ground in his protest.
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 3. Within ten (10) days from the
proclamation of the results of the
election.
Gatchalian v. Comelec, 245 SCRA 208
The period for filing an election protest is suspended during the pendency
of a pre-proclamation controversy.

Quo Warranto in Elective Offices V. Warranto in Appointive Offices

ELECTIVE OFFICE APPOINTIVE OFFICE

Section 253, B.P. 881 Sec. 5. of Rule 66, Rules of Court 

Any voter contesting the election of any A person claiming to be entitled to a public
Member of the Batasang Pambansa, regional, office or position usurped or unlawfully held
provincial, or city officer on the ground of or exercised by another may bring an action
ineligibility or of disloyalty to the Republic of therefor in his own name.
the Philippines shall file a sworn petition for
quo warranto with the Commission within
ten days after the proclamation of the results
AS TO BASIS
of the election

the issue is the eligibility of the officer – the issue is the legality of the
AS TO ISSUE
elect; appointment;

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 a.) an election offense has criminal as well as electoral aspects. Its criminal aspect involves the ascertainment of
the guilt or innocence of the accused candidate.
b.) Its electoral aspect, on the other hand, is a determination of whether the offender should be disqualified from
CHAPTER 13
office. This is done through an administrative proceeding which is summary in character and requires only a
ELECTION OFFENSES
clear preponderance of evidence.

TWO ASPECTS OF AN ELECTION OFFENSE ENUMERATION OF ELECTION OFFENSES

a. Involves the ascertainment of the guilt or innocence of the accused

candidate like in ant other case; People v. Ferrer, 54 OG 1348
1. Vote-buying and vote-selling.
1. CRIMINAL ASPECT b. usually entails a full blown hearing;
c. quantum of proof required to secure a conviction is proof beyond The distribution of cigarettes to people who attended a political meeting
reasonable doubt. falls within the context of the prohibition.

2. Wagering upon the result of the

Any money or thing of value put up as a bet or as a wager shall be forfeited
election.
a. a determination of whether the offender should be disqualified from to the Government.
office;
2. ELECTORAL ASPECT b. This is done through an administration proceeding which is summary
in character;
c. requires only a preponderance of evidence. 3. Threats, intimidation, use of
fraudulent device or other
forms of coercion

Sunga v. COMELEC, 288 SCRA 76

In a disqualification case, it is the electoral aspect that is involved under which
an erring candidate may be disqualified even without prior criminal conviction.
ILUSTRATIVE CASE 4. Appointment of new employee. Except in case of urgent need, with notice to the Comelec, within three days
from the appointment.

5. Carrying of deadly weapon Mappala v. Judge Nunez, 240 SCRA 600

SUNGA v. COMELEC
within a result of 100 meters It is not necessary that deadly weapon be seized while he was in the precinct
208 SCRA 76
FACTS: from precinct. or within a radius of 100 meters therefrom; it is enough that the accused
Manuel C. Sunga- was one of the candidates for Mayor in Iguig, Cagayan, in the 8 May 1995 elections. Ferdinand B. carried a deadly weapon within the prohibited radius during any of the days
Trinidad, then incumbent mayor, was a candidate for re-election in the same municipality. and hours specified in the law.

Sunga- filed disqualification cases against Trinidad on various grounds (using government vehicles, threats,
intimidation, terrorism or other forms of coercion, vote-buying).
6. Transfer or detail of
People v. Reyes, 247 SCRA 328
COMELEC En Banc- approved and directed the filing of four (4) informartions for various elections offenses with RTC – government official/ employee
The transfer or detail of a government officer or employee will not be
Tuguegarao, Cagayan. The disqualification casw, on the other hand, was referred to the COMELEC 2 nd Division for without Comelec approval penalized by Sec. 261 (h). B.P. 881, if done to promote efficiency in the
hearing.
government service.
HELD:

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 MAPPALA v. JUDGE NUNEZ
240 SCRA 600 PEOPLE v. REYES
247 SCRA 328
FACTS: FACTS:

Judge Crispulo Nunez – acquitted Alejandro Angoluan of violation of Section 261 (p) of the Omnibus Election Code,
which punishes, “Any person who carries any deadly weapon in the polling place and within a radius od one hundred
meters thereof during the days and hours fixed by law for the registration of voters in the polling place, voting, counting
of votes, or preparation of election returns,” on the ground that “… the firearms was not taken from the accused within
the 50 or 100 meters distance from the precinct because in truth and in fact the said firearm was surrendered by the
accused two (2) days after the elections.
MICP Customs Collector Buenaventura Maniego- assigned Customs Operation Chief Jovencio Ebio to the office of the
Deputy Collector for Operations as Special Assistant.
Ebio- claimed that that his new assignment violated Comelec Resolution No. 2333 and Sec, 261 (h) of B.P. 881, the
Omnibus Election Code, which prohibit the transfer of any employee in the civil service 120 days before the May 11, 1992
synchronized national and local elections.

Jacinto Mappala – filed an administrative complaint against Judge Nunez for grass inefficiency, serious misconduct and Trial Court- granted the motion to quash filed by Maniego and dismissed the complaint.
violation of the Code of Judicial Ethics.
HELD:
Held:
a) Section 261 (h) of B.P. Blg, 881 does not per se outlaw the transfer of government officer or employee during
a. To support a conviction under the Sec. 261(p) of the Omnibus Election Code, it is not necessary that the deadly election period if done to promote efficiency in the government service.
weapon should have been seized from the accused while he was in the precinct or within a radius of 100 b) Hence, Sec.2 of Resolution No. 233 provides that the Comelec that the Comelec has to pass upon the reason for
meters therefrom the proposed transfer or detail.
b. It is enough that the accused carries the deadly weapon “in the polling and within a radius of one hundred
meters thereof” during any of the specified days and hours.

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 CHARACTERISTICS OF ELECTION OFFENSES

De Jesus v. People, 120 SCRA 760

The Comelec has exclusive jurisdiction to investigate and prosecution
cases involving violations of election laws. (Sec. 2(6), Art. IX-C, 1987
Constitution)
1. Jurisdiction over election offenses.

2. Preferential disposition of election Investigation and prosecution of election offenses shall be given priority
offenses. by the Comelec. The investigating officer shall resolve the case within five
(5) days from submission.

People v. Bayona, 61 Phil. 181

3. Good faith is not a defense. Election offenses are generally mala prohibita. Proof of criminal intent is
not necessary. Good faith, ignorance or lack of malice is not a defense; the
commission of the prohibited act is sufficient.

Five (5) years from the date of commission.

4. Prescription period for election

offense.

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