ELECTION LAW MAJOR QUIZ REVIEWER 2B Reviewer

V. CAMPAIGN, ELECTION PROPAGANDA and EXPENDITURES Sec . !"#"$% "&#''2, BP (('

BATAS PAMBANSA BLG. 881 OMNIBUS ELECTION CODE OF THE PHILIPPINES ARTICLE X CAMPAIGN AND ELECTION PROPAGANDA Section 79. Definitions. - As used in this Code: (a) The term "candidate" refers to 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 (b) The term "election campaign" or "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: (!) "orming organi#ations, associations, clubs, committees or other groups of persons for the purpose of soliciting votes and$or undertaking any campaign for or against a candidate (%) &olding political caucuses, conferences, meetings, rallies, parades, or other similar assemblies, for the purpose of soliciting votes and$or undertaking any campaign or propaganda for or against a candidate (') (aking speeches, announcements or commentaries, or holding interviews for or against the election of any candidate for public office ()) *ublishing or distributing campaign literature or materials designed to support or oppose the election of any candidate or (+) ,irectly or indirectly soliciting votes, pledges or support for or against a candidateThe foregoing enumerated acts 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 shall not be considered as election campaign or partisan election activity*ublic e.pressions 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 shall not be construed as part of any election campaign or partisan political activity contemplated under this ArticleSection 8 . Election campaign or partisan political activity outside campaign period. - /t shall be unlawful for any person, whether or not a voter or candidate, or for any party, or association of persons, to engage in an election campaign or partisan political activity e.cept during the campaign period:

*rovided, That political parties may hold political conventions or meetings to nominate their official candidates within thirty days before the commencement of the campaign period and forty0 five days for *residential and 1ice0*residential electionSection 81. Intervention of foreigners. - /t shall be unlawful for any foreigner, whether 2udicial 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 e.penditure in connection with any election campaign or partisan political activitySection 8!. Lawful election propaganda. - 3awful election propaganda shall include: (a) *amphlets, leaflets, cards, decals, stickers or other written or printed materials of a si#e not more than eight and one0half inches in width and fourteen inches in length (b) &andwritten or printed letters urging voters to vote for or against any particular candidate (c) Cloth, paper or cardboard posters, whether framed or posted, with an area e.ceeding two feet by three feet, e.cept 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 e.ceeding three feet by eight feet in si#e, shall be allowed: *rovided, That said streamers may not be displayed e.cept one week before the date of the meeting or rally and that it shall be removed within seventy0two hours after said meeting or rally or (d) All other forms of election propaganda not prohibited by this Code as the Commission may authori#e after due notice to all interested parties and hearing where all the interested parties were given an e4ual opportunity to be heard: *rovided, That the Commission5s authori#ation shall be published in two newspapers of general circulation throughout the nation for at least twice within one week after the authori#ation has been grantedSection 8". Removal, destruction or defacement of lawful election propaganda prohibited. - /t 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 propagandaSection 8#. Requirements for published or printed election propaganda. - Any newspaper, newsletter, newsweekly, ga#ette or maga#ine advertising, posters, pamphlets, circulars, handbills, bumper stickers, streamers, simple list of candidates or any published or printed political matter for or against a candidate or group of candidates to any public office shall bear and be identified by the words "paid for by" followed by the true and correct name and address of the payor and by the words "printed by" followed by the true and correct name and address of the printerSection 8$. be unlawful: rohibited forms of election propaganda. - /t shall

(a) 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 Election law 1

bear the names and addresses of the printer and payor as re4uired in 6ection 7) hereof (b) To erect, put up, make use of, attach, float or display any billboard, tinplate0poster, balloons and the like, of whatever si#e, shape, form or kind, advertising for or against any candidate or political party (c) To purchase, manufacture, re4uest, 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, e.cept that campaign supporters accompanying a candidate shall be allowed to wear hats and$or shirts or T0shirts advertising a candidate (d) To show or display publicly any advertisement or propaganda for or against any candidate by means of cinematography, audio0visual units or other screen pro2ections e.cept telecasts which may be allowed as hereinafter provided and (e) "or any radio broadcasting or television station to sell or give free of charge air time for campaign and other political purposes e.cept as authori#ed in this Code under the rules and regulations promulgated by the Commission pursuant theretoAny prohibited election propaganda gadget or advertisement shall be stopped, confiscated or torn down by the representative of the Commission upon specific authority of the CommissionSection 8%. Regulation of election propaganda through mass media. (a) The Commission shall promulgate rules and regulations regarding the sale of air time for partisan political purposes during the campaign period to insure the e4ual time as to duration and 4uality in available to all candidates for the same office or political parties at the same rates or given free of charge that such rates are reasonable and not higher than those charged other buyers or users of air time for non0political purposes that the provisions of this Code regarding the limitation of e.penditures by candidates and political parties and contributions by private persons, entities and institutions are effectively enforced and to ensure that said radio broadcasting and television stations shall not unduly allow the scheduling of any program or permit any sponsor to manifestly favor or oppose any candidate or political party by unduly or repeatedly referring to or including said candidate and$or political party in such program respecting, however, in all instances the right of said stations to broadcast accounts of significant or newsworthy events and views on matters of public interest(b) All contracts for advertising in any newspaper, maga#ine, periodical or any form of publication promoting or opposing the candidacy of any person for public office shall, before its implementation, be registered by said newspaper, maga#ine, periodical or publication with the Commission- /n every case, it shall be signed by the candidate concerned or by the duly authori#ed representative of the political party-

(c) 8o franchise or permit to operate a radio or television station shall be granted or issued, suspended or cancelled during the election periodAny radio or television stations, including that owned or controlled by the 9overnment, shall give free of charge e4ual time and prominence to an accredited political party or its candidates if it gives free of charge air time to an accredited political party or its candidates for political purposes/n all instances, the Commission shall supervise the use and employment of press, radio and television facilities so as to give candidates e4ual opportunities under e4ual circumstances to make known their 4ualifications and their stand on public issues within the limits set forth in this Code on election spending:ules and regulations promulgated by the Commission under and by authority of this section shall take effect on the seventh day after their publication in at least two daily newspapers of general circulation- *rior to the effectivity of said rules and regulations, no political advertisement or propaganda for or against any candidate or political party shall be published or broadcast through the mass media1iolation of the rules and regulations of the Commission issued to implement this section shall be an election offense punishable under 6ection %;) hereofSection 87. Rallies, meetings and other political activities. 6ub2ect to the re4uirements of local ordinances on the issuance of permits, any political party supporting official candidates or any candidate individually or 2ointly with other aspirants may hold peaceful political rallies, meetings, and other similar activities during the campaign period: *rovided, That all applications for permits to hold meetings, rallies and other similar political activities, receipt of which must be acknowledged in writing and which application shall be immediately posted in a conspicuous place in the city or municipal building, shall be acted upon in writing by local authorities concerned within three days after the filing thereof and any application not acted upon within said period shall be deemed approved: and *rovided, further, That denial of any application for said permit shall be appealable to the provincial election supervisor or to the Commission whose decision shall be made within forty0eight hours and which shall be final and e.ecutory: *rovided, finally, That one only 2ustifiable ground for denial is a prior written application by any candidate or political party for the same purpose has been approvedSection 88. ublic rally. - Any political party or candidate shall notify the election registrar concerned of any public rally said political party or candidate intends to organi#e and hold in the city or municipality, and within seven working days thereafter submit to the election registrar a statement of e.penses incurred in connection therewithSection 89. !ransportation, food and drin"s. - /t shall be unlawful for any candidate, political party, organi#ation, 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 purposeSection 9 . #omelec space. - The Commission shall procure space in at least one newspaper of general circulation in every Election law 2

province or city: *rovided, however, That in the absence of said newspaper, publication shall be done in any other maga#ine or periodical in said province or city, which shall be known as "Comelec 6pace" wherein candidates can announce their candidacy- 6aid space shall be allocated, free of charge, e4ually and impartially by the Commission among all candidates within the area in which the newspaper is circulatedSection 91. #omelec poster area. - <henever practicable, the Commission shall also designate and provide for a common poster are in strategic places in each town wherein candidates can announce and further their candidacy through posters, said space to be likewise allocated free of charge, e4ually and impartially by the Commission among all the candidates concernedSection 9!. #omelec time. - The Commission shall procure radio and television time to be known as "Comelec Time" which shall be allocated e4ually and impartially among the candidates within the area of coverage of all radio and television stations"or this purpose, the franchise of all radio broadcasting and television station are hereby amended so as to provide radio television time, free of charge, during the period of the campaignSection 9". #omelec information bulletin. - The Commission shall cause the printing, and supervise the dissemination of bulletins to be known as "Comelec =ulletin" which shall be of such si#e as to ade4uately contain the picture, bio0data and program of government of every candidate- 6aid bulletin shall be disseminated to the voters or displayed in such places as to give due prominence thereto- Any candidate may reprint at his e.pense, any "Comelec =ulletin" upon prior authority of the Commission: *rovided, That the printing of the names of the different candidates with their bio0data must be in alphabetical order irrespective of party affiliationARTICLE XI ELECTORAL CONTRIBUTIONS AND EXPENDITURES Section 9#. Definitions. - As used in this Article: (a) The term "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- /t shall also include the use of facilities voluntarily donated by other persons, the money value of which can be assessed based on the rates prevailing in the area(b) The term "e.penditure" includes the payment or delivery of money of anything of value, or a contract, promise or agreement to make an e.penditure, for the purpose of influencing the results of the election- /t shall also include the use of facilities personally owned by the candidate, the money value of the use of which can be assessed based on the rates prevailing in the area(c) The term "person" includes an individual, partnership, committee, association, corporation, and any other organi#ation or group of persons-

Section 9$. rohibited contributions. - 8o contribution for purposes of partisan political activity shall be made directly or indirectly by any of the following: (a) *ublic or private financial institutions: *rovided, however, That nothing herein shall prevent the making of any loan to a candidate or political party by any such public or private financial institutions legally in the business of lending money, and that the loan is made in accordance with laws and regulations and in the ordinary course of business (b) 8atural and 2uridical persons operating a public utility or in possession of or e.ploiting any natural resources of the nation (c) 8atural and 2uridical persons who hold contracts or sub0contracts to supply the government or any of its divisions, subdivisions or instrumentalities, with goods or services or to perform construction or other works (d) 8atural and 2uridical persons who have been granted franchises, incentives, e.emptions, allocations or similar privileges or concessions by the government or any of its divisions, subdivisions or instrumentalities, including government0owned or controlled corporations (e) 8atural and 2uridical persons who, within one year prior to the date of the election, have been granted loans or other accommodations in e.cess of *!>>,>>> by the government or any of its divisions, subdivisions or instrumentalities including government0owned or controlled corporations (f) ?ducational institutions which have received grants of public funds amounting to no less than *!>>,>>>->> (g) @fficials or employees in the Civil 6ervice, or members of the Armed "orces of the *hilippines and (h) "oreigners and foreign corporations/t shall be unlawful for any person to solicit or receive any contribution from any of the persons or entities enumerated hereinSection 9%. $oliciting or receiving contributions from foreign sources. - /t shall be unlawful for any person, including a political party or public or private entity to solicit or receive, directly or indirectly, any aid or contribution of whatever form or nature from any foreign national, government or entity for the purposes of influencing the results of the electionSection 97. rohibited raising of funds. - /t shall be unlawful for any person to hold dances, lotteries, cockfights, games, bo.ing bouts, bingo, beauty contests, entertainments, or cinematographic, theatrical or other performances for the purpose of raising funds for an election campaign or for the support of any candidate from the commencement of the election period up to and including election day or for any person or organi#ation, whether civic or religious, directly or indirectly, to solicit and$or accept from any candidate for public office, or from his campaign manager, agent or representative, or any person acting in their behalf, any gift, food, transportation, contribution or donation in cash or in kind from Election law 3

the commencement of the election period up to and including election day *rovided, That normal and customary religious stipends, tithes, or collections on 6undays and$or other designated collection days, are e.cluded from this prohibitionSection 98. !rue name of contributor required. - 8o person shall make any contribution in any name e.cept his own nor shall any candidate or treasurer of a political party receive a contribution or enter or record the same in any name other than that of the person by whom it was actually madeSection 99. Report of contributions. 0 ?very person giving contributions to any candidate, treasurer of the party, or authori#ed representative of such candidate or treasurer shall, not later than thirty days after the day of the election, file with the Commission a report under oath stating the amount of each contribution, the name of the candidate, agent of the candidate or political party receiving the contribution, and the date of the contributionSection 1 . Limitations upon e%penses of candidates. - 8o candidate shall spend for his election campaign an aggregate amount e.ceeding one peso and fifty centavos for every voter currently registered in the constituency where he filed his candidacy: *rovided, That the e.penses herein referred to shall include those incurred or caused to be incurred by the candidate, whether in cash or in kind, including the use, rental or hire of land, water or aircraft, e4uipment, facilities, apparatus and paraphernalia used in the campaign: *rovided, further, That where the land, water or aircraft, e4uipment, facilities, apparatus and paraphernalia used is owned by the candidate, his contributor or supporter, the Commission is hereby empowered to assess the amount commensurate with the e.penses for the use thereof, based on the prevailing rates in the locality and shall be included in the total e.penses incurred by the candidateSection 1 1. Limitations upon e%penses of political parties. - A duly accredited political party may spend for the election of its candidates in the constituency or constituencies where it has official candidates an aggregate amount not e.ceeding the e4uivalent of one peso and fifty centavos for every voter currently registered therein- ?.penses incurred by branches, chapters, or committees of such political party shall be included in the computation of the total e.penditures of the political party?.penses incurred by other political parties shall be considered as e.penses of their respective individual candidates and sub2ect to limitation under 6ection !>> of this CodeSection 1 !. Lawful e%penditures. - To carry out the ob2ectives of the preceding sections, no candidate or treasurer of a political party shall, directly or indirectly, make any e.penditure e.cept for the following purposes: (a) "or travelling e.penses of the candidates and campaign personnel in the course of the campaign and for personal e.penses incident thereto (b) "or compensation of campaigners, clerks, stenographers, messengers, and other persons actually employed in the campaign (c) "or telegraph and telephone tolls, postage, freight and e.press delivery charges

(d) "or stationery, printing and distribution of printed matters relative to candidacy (e) "or employment of watchers at the polls (f) "or rent, maintenance and furnishing of campaign head4uarters, office or place of meetings (g) "or political meetings and rallies and the use of sound systems, lights and decorations during said meetings and rallies (h) "or newspaper, radio, television and other public advertisements (i) "or employment of counsel, the cost of which shall not be taken into account in determining the amount of e.penses which a candidate or political party may have incurred under 6ection !>> and !>! hereof (2) "or copying and classifying list of voters, investigating and challenging the right to vote of persons registered in the lists the costs of which shall not be taken into account in determining the amount of e.penses which a candidate or political party may have incurred under 6ections !>> and !>! hereof or (k) "or printing sample ballots in such color, si#e and ma.imum number as may be authori#ed by the Commission and the cost of such printing shall not be taken into account in determining the amount of e.penses which a candidate or political party may have incurred under 6ections !>> and !>! hereofSection 1 ". ersons authori&ed to incur election e%penditures. - 8o person, e.cept the candidate, the treasurer of a political party or any person authori#ed by such candidate or treasurer, shall make any e.penditure in support of or in opposition to any candidate or political party- ?.penditures duly authori#ed by the candidate or the treasurer of the party shall be considered as e.penditures of such candidate or political partyThe authority to incur e.penditures shall be in writing, copy of which shall be furnished the Commission signed by the candidate or the treasurer of the party and showing the e.penditures so authori#ed, and shall state the full name and e.act address of the person so designatedSection 1 #. rohibited donations by candidates, treasurers of parties or their agents. - 8o candidate, his or her spouse or any relative within the second civil degree of consanguinity or affinity, or his campaign manager, agent or representative shall during the campaign period, on the day before and on the day of the election, directly or indirectly, make any donation, contribution or gift in cash or in kind, or undertake or contribute to the construction or repair of roads, bridges, school buses, puericulture centers, medical clinics and hospitals, churches or chapels cement pavements, or any structure for public use or for the use of any religious or civic organi#ation: *rovided, That normal and customary religious dues or contributions, such as religious stipends, tithes or collections on 6undays or other designated collection days, as well as periodic payments for legitimate scholarships established and school contributions habitually made before the prohibited period, are e.cluded from the prohibitionElection law 4

The same prohibition applies to representatives of any political party-

treasurers,

agents

or

(d) Those of candidates for city, municipal and barangay offices, with the election registrar concerned/f the statement is sent by mail, it shall be by registered mail, and the date on which it was registered with the post office may be considered as the filing date thereof if confirmed on the same date by telegram or radiogram addressed to the office or official with whom the statement should be filedThe provincial election supervisors and election registrars concerned shall, within fifteen days after the last day for the filing of the statements, send to the Commission duplicate copies of all statements filed with themSection 1 9. (orm and contents of statement. - The statement shall be in writing, subscribed and sworn to by the candidate or by the treasurer of the party, shall be complete as of the date ne.t preceding the date of filing and shall set forth in detail (a) the amount of contribution, the date of receipt, and the full name and e.act address of the person from whom the contribution was received (b) the amount of every e.penditure, the date thereof, the full name and e.act address of the person to whom payment was made, and the purpose of the e.penditure (c) any unpaid obligation, its nature and amount, and to whom said obligation is owing and (d) such other particulars which the Commission may re4uire/f the candidate or treasurer of the party has received no contribution, made no e.penditure, or has no pending obligation, the statement shall reflect such factSection 11 . reservation and inspection of statements. - All statements of contributions and e.penditures shall be kept and preserved at the office where they are filed and shall constitute part of the public records thereof for three years after the election to which they pertain- They shall not be removed therefrom e.cept upon order of the Commission or of a competent court and shall, during regular office hours, be sub2ect and open to inspection by the public- The officer in0 charge thereof, shall, on demand, furnish certified copies of any statement upon payment of the fee prescribed under 6ection %A> hereof/t shall be the duty of the Commission to e.amine all statements of contributions and e.penditures of candidates and political parties to determine compliance with the provisions of this ArticleSection 111. Effect of failure to file statement. - /n addition to other sanctions provided in this Code, no person elected to any public office shall enter upon the duties of his office until he has filed the statement of contributions and e.penditures herein re4uiredThe same prohibition shall apply if the political party which nominated the winning candidate fails to file the statements re4uired herein within the period prescribed by this CodeSection 11!. Report of contractor and business firms. 0 ?very person or firm to whom any electoral e.penditure is made shall, within thirty days after the day of the election, file with the Commission a report setting forth the full names and e.act addresses of the candidates, treasurers of political parties, and other persons incurring such e.penditures, the nature or purpose of each e.penditure, the date and costs thereof, and such other particulars as the Commission may re4uire- The report shall be signed and sworn to by the supplier or Election law 5

Section 1 $. 'ccounting by agents of candidate or treasurer. ?very person receiving contributions or incurring e.penditures by authority of the candidate or treasurer of the party shall, on demand by the candidate or treasurer of the party and in any event within five days after receiving such contribution or incurring such e.penditure, render to the candidate or the treasurer of the party concerned, a detailed account thereof with proper vouchers or official receiptsSection 1 %. Records of contributions and e%penditures. (a) /t shall be the duty of every candidate, treasurer of the political party and person acting under the authority of such candidate or treasurer to issue a receipt for every contribution received and to obtain and keep a receipt stating the particulars of every e.penditure made(b) ?very candidate and treasurer of the party shall keep detailed, full, and accurate records of all contributions received and e.penditures incurred by him and by those acting under his authority, setting forth therein all information re4uired to be reported(c) ?very candidate and treasurer of the party shall be responsible for the preservation of the records of contributions and e.penditures, together with all pertinent documents, for at least three years after the holding of the election to which they pertain and for their production for inspection by the Commission or its duly authori#ed representative, or upon presentation of a subpoena duces tecum duly issued by the Commission- "ailure of the candidate or treasurer to preserve such records or documents shall be deemed prima facie evidence of violation of the provisions of this ArticleSection 1 7. $tatement of contributions and e%penditures. ?very candidate and treasurer of the political party shall, not later than seven days, or earlier than ten days before the day of the election, file in duplicate with the office indicated in the following section, full, true and itemi#ed, statement of all contributions and e.penditures in connection with the election<ithin thirty days after the day of the election, said candidate and treasurer shall also file in duplicate a supplemental statement of all contribution and e.penditures not included in the statement filed prior to the day of the electionSection 1 8. lace for filing statements. - The statements of contributions and e.penditures shall be filed as follows: (a) Those of candidates for *resident and 1ice0 *resident, with the Commission(b) Those of candidates for (embers of the =atasang *ambansa, with the provincial election supervisor concerned, e.cept those of candidates in the 8ational Capital :egion which shall be filed with the regional election director of said region(c) Those of candidates for provincial offices, with the provincial election supervisor concerned-

contractor, or in case of a business firm or association, by its president or general manager/t shall be the duty of such person or firm to whom an electoral e.penditure is made to re4uire every agent of a candidate or of the treasurer of a political party to present written authority to incur electoral e.penditures in behalf of such candidate or treasurer, and to keep and preserve at its place of business, sub2ect to inspection by the Commission or its authori#ed representatives, copies of such written authority, contracts, vouchers, invoices and other records and documents relative to said e.penditures for a period of three years after the date of the election to which they pertain/t shall be unlawful for any supplier, contractor or business firm to enter into contract involving election e.penditures with representatives of candidates or political parties without such written authority-

li'itation in Section 1 !"# in the light of the other provisions of $A %1& designed to 'a6i'i,e, if not appro6i'ate, e-uality of chances a'ong the various candidates in the sa'e district, the said restriction on the freedo' of e6pression appears too insignificant to create any appreciable dent on the individual8s liberty of e6pression. 9t should be noted that Section :!a# of the sa'e la(, prohibiting political parties fro' aiding candidates and thus (as 'ore restrictive than Section 1 !"#, (as previously upheld to be valid. 7he li'itation in Section 1 !"# is a reasoned and reasonable ;udg'ent on the part of Congress. 9t is not unconstitutional. Point/s to Re e !e": 7he freedo' of e6pression is not absolute) it is sub;ect to the police po(er of the State. Section 1 !"# of $A %1& gives the poorer candidates to have an e-ual fighting chance as against to the richer ones. SA#IDAD $ COMELEC Facts: .n .ctober &, 1<:<, $.A. No. %1%% !An Act =roviding for an .rganic Act for the Cordillera Autono'ous $egion# (as enacted in to la(. =ursuant to said la(, all co'prising the Cordillera Autono'ous $egion shall ta*e part in a plebiscite for the ratification of said .rganic Act by virtue of Co'elec $esolution No. %. 7he Co'elec, by virtue of the po(er vested by the 1<:1 Constitution, .'nibus >lection Code, $.A. No. %1%% and other pertinent election la(s pro'ulgated $esolution No. 1%1 to govern the conduct of the plebiscite. =ablito Sanidad, a ne(spaper colu'nist of the +.?>$?9>4/ for the BA@95. A9DBAND C.5$9>$ !a (ee*ly ne(spaper circulated in Baguio and the Cordilleras#, assailed the constitutionality of Sec. 1<1 of Co'elec $esolution No. 1%1 for being void and unconstitutional because it violates the constitutional guarantees of the freedo' of e6pression and of the press. Co'elec 'aintains that Section 1< of $esolution No. 1%1 is a valid i'ple'entation of the po(er of the Co'elec to supervise and regulate 'edia during election or plebiscite period. 7he co''ission relied on Article 9C0C of the 1<:1 Constitution and Section 11 of $.A. %%2% !7he >lectoral $efor' Ba( of 1<:1# .n Nove'ber :, 1<:<, the Supre'e Court issued a te'porary restraining order, en;oining Co'elec fro' enforcing and i'ple'enting Section 1< of $esolution No. 1%1. Issue: 4hether or not Section 1< of $esolution No. unconstitutional. Rulin%:
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,efinition of ?lection Campaign (:ead *age !'A, ?lection (emaid) 3awful$*rohibited ?lection *ropaganda (:ead *age !'A, ?lection (emaid)

CASES:
BADOY VS. COMELEC Facts: Anacleto D. Badoy, Jr. avers that he is a candidate for delegate to the Constitutional Convention for the lone district of North Cotabato. He prays that Section 1 !"# of $A %1& be declared unconstitutional as the sa'e denies individuals, (ho are not candidates, their freedo' of speech and of the press) and candidates the right to spea* and (rite, discuss and debate in favor of their candidacies or against the candidacies of others. Section 1 !"# provides that the Co'elec +shall endeavor to obtain free space fro' ne(spapers, 'aga,ines and periodicals (hich shall be *no(n as Co'elec space, and shall allocate this space e-ually and i'partially a'ong all candidates (ithin the areas in (hich the ne(spapers are circulated. .utside of said Co'elec space, it shall be unla(ful to print or publish, or cause to be printed or published, any advertise'ent, paid co''ent or paid article in furtherance of or in opposition to the candidacy of any person for delegate, or 'entioning the na'e of any candidate and the fact of his candidacy, unless all the na'es of all other candidates in the district in (hich the candidate is running are also 'entioned (ith e-ual pro'inence./ Co'elec $esolution $$01 2, as a'ended, 'erely restates the ban in Section 1 !"#. Issue3 4hether the ban in Section 1 !"# is valid or constitutional. Held: 5nder Section 1 !"#, the 'oneyed candidate or individual (ho can afford to pay for advertise'ents, co''ents or articles in favor of his candidacy or against the candidacy of another or (hich 'ention his na'e and the fact of his candidacy, is re-uired to 'ention all the other candidates in the sa'e district (ith e-ual pro'inence, to e6e'pt hi' fro' the penal sanction of the la(. 7he evident purpose of the li'itation is to give the poor candidates a fighting chance in the election. 7he restriction is only one of the 'easures devised by the la( to preserve suffrage pure and undefiled and to achieve the desired e-uality of chances a'ong all the candidates. Considering the foregoing

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Section 19 of Resolution No. 2167: =rohibition on colu'nists, co''entators or announcers. During the plebiscite campaign period on the da! before and on the plebiscite da! no mass media columnist commentator announcer or personalit! shall use his column or radio or tele"ision time to campaign for or against the plebiscite issues.
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Section 11 of R.#. 66$6: %rohibited forms of election %ropaganda. &n addition to the forms of election propaganda prohibited under Sec. '( of ).%. )lg. ''1 it shall be unla*ful: + + + ,b- for an! ne*spaper radio broadcasting or tele"ision station or other mass media or an! person ma.ing use of the mass media to sell or to gi"e free of charge print space or air time for campaign or other political purposes e+cept to the /ommission as pro"ided under Secs. 90 and 92 of ).%. )lg. ''1. #n! mass media columnist commentator announcer or personalit! *ho is a candidate for an! electi"e office shall ta.e a lea"e of absence from his *or. as such during the campaign period. Election law 6

D>S. 7he evil sought to be prevented by Article 9C0C of the 1<:1 Constitution is the possibility that a franchise holder 'ay favor or give any undue advantage to a candidate in ter's of advertising space or radio or television ti'e. Re%a"din% Section &' o( Resolution #o. )&*+ , (hile the li'itation does not absolutely bar Epetitioner8sF freedo' of e6pression, it is still a "est"iction on ,is c,oice o( t,e (o"u -,e"e ,e a. e/0"ess ,is $ie-1 (o" no 2usti(ia!le "eason. =lebiscite issues are 'atter of public concern and i'portance. 7he people affected by the issues presented in a plebiscite should not be unduly burdened by restrictions on the foru' (here the right to e6pression 'ay be e6ercised. =etition is @$AN7>D. #A3IO#AL PRESS CL4B VS. COMELEC Facts: =etitioners in these cases consist of representatives of the 'ass 'edia (hich are prevented fro' selling or donating space and ti'e for political advertise'ents) t(o ! # individuals (ho are candidates for office !one for national and the other for provincial office# in the co'ing Aay 1<< elections) and ta6payers and voters (ho clai' that their right to be infor'ed of election 9ssue and of credentials of the candidates is being curtailed. 9t is principally argued by petitioners that Section 11 !b# of $epublic Act No. %%2%1 invades and violates the constitutional guarantees co'prising freedo' of e6pression. =etitioners 'aintain that the prohibition i'posed by Section 11 !b# a'ounts to censorship, because it selects and singles out for suppression and repression (ith cri'inal sanctions, only publications of a particular content, na'ely, 'edia0based election or political propaganda during the election period of 1<< . 9t is asserted that the prohibition is in derogation of 'ediaGs role, function and duty to provide ade-uate channels of public infor'ation and public opinion relevant to election 9ssue. "urther, petitioners contend that Section 11 !b# abridges the freedo' of speech of candidates, and that the suppression of 'edia0based ca'paign or political propaganda e6cept those appearing in the Co'elec space of the ne(spapers and on Co'elec ti'e of radio and television broadcasts, (ould bring about a substantial reduction in the -uantity or volu'e of infor'ationconcerning candidates and 9ssue in the election thereby curtailing and li'iting the right of voters to infor'ation and opinion. Issue: 4hether or Not Section 11 !b# of $epublic Act No. %%2% constitutional. Held: Des. 9t see's a 'odest proposition that the provision of the Bill of $ights (hich enshrines freedo' of speech, freedo' of e6pression and freedo' of the press has to be ta*en in con;unction (ith Article 9C !C# !2# (hich 'ay be seen to be a special provision applicable during a specific li'ited period H i.e., Iduring the election period.I 9n our o(n society, e-uality of opportunity to proffer oneself for public office, (ithout regard to the level of financial resources that one 'ay have at oneGs disposal, is clearly an i'portant value. .ne of the basic state policies given constitutional ran* by Article 99, Section % of the Constitution is the egalitarian de'and that Ithe State shall guarantee e-ual access to opportunities for public service and prohibit political dynasties as 'ay be defined by la(.I 7he essential -uestion is (hether or not the assailed legislative or ad'inistrative provisions constitute a per'issible e6ercise of the po(er of supervision or regulation of the operations of co''unication and infor'ationenterprises during an election period, or (hether such act has gone beyond per'issible supervision or regulation of 'edia operations so as to constitute

unconstitutional repression of freedo' of speech and freedo' of the press. 7he Court considers that Section 11 !b# has not gone outside the per'issible bounds of supervision or regulation of 'edia operations during election periods. Section 11 !b# is li'ited in the duration of its applicability and enforceability. By virtue of the operation of Article 9C !C# !2# of the Constitution, Section 11 !b# is li'ited in its applicability in ti'e to election periods. Section 11 !b# does not purport in any (ay to restrict the reporting by ne(spapers or radio or television stations of ne(s or ne(s0(orthy events relating to candidates, their -ualifications, political parties and progra's of govern'ent. Aoreover, Section 11 !b# does not reach co''entaries and e6pressions of belief or opinion by reporters or broadcasters or editors or co''entators or colu'nists in respect of candidates, their -ualifications, and progra's and so forth, so long at least as such co''ents, opinions and beliefs are not in factadvertise'ents for particular candidates covertly paid for. 9n su', Section 11 !b# is not to be read as reaching any report or co''entary other coverage that, in responsible 'edia, is not paid for by candidates for political office. Section 11 !b# as designed to cover only paid political advertise'ents of particular candidates. 7he li'iting i'pact of Section 11 !b# upon the right to free speech of the candidates the'selves is not unduly repressive or unreasonable. 3ELECOMM4#ICA3IO#S A#D BROADCAS3 A33OR#EYS OF 3HE PHILIPPI#ES1 I#C. and 5MA #E36OR71 I#C.1 $s. 3HE COMMISSIO# O# ELEC3IO#S Facts: =etitioner 7eleco''unications and Broadcast Attorneys of the =hilippines, 9nc. is an organi,ation of la(yers of radio and television broadcasting co'panies. 7hey are suing as citi,ens, ta6payers, and registered voters. 7he other petitioner, @AA Net(or*, 9nc., operates radio and television broadcasting stations throughout the =hilippines under a franchise granted by Congress. Issue: 4.N B.=. Blg. ::1, J< is an invalid a'end'ent of petitionerGs franchise (hich violates the due process clause and the e'inent do'ain provision of the Constitution by ta*ing air ti'e fro' radio and television broadcasting stations (ithout pay'ent of ;ust co'pensation. #O Held: As pointed out in our decision in .s'eKa v. C.A>B>C, J11!b# of $.A. No. %%2% and J<L and J< of the B.=. Blg. ::1 are part and parcel of a regulatory sche'e designed to e-uali,e the opportunity of candidates in an election in regard to the use of 'ass 'edia for political ca'paigns. $.A. No. %%2% Sec. &&. P"o,i!ited Fo" s o( Election P"o0a%anda . H 9n addition to the for's of election propaganda prohibited under Section :M of Batas =a'bansa Blg. ::1, it shall be unla(ful3 666 666 666 !b# for any ne(spapers, radio broadcasting or television station, or other 'ass 'edia, or any person 'a*ing use of the 'ass 'edia to sell or to give free of charge print space or air ti'e for ca'paign or other political purposes e6cept to the Co''ission as provided under Section <L and < of Batas =a'bansa Blg. ::1. Any
Election law 7

'ass 'edia colu'nist, co''entator, announcer or personality (ho is a candidate for any elective public office shall ta*e a leave of absence fro' his (or* as such during the ca'paign period. B.=. Blg. ::1, !.'nibus >lection Code# Sec. '8. Co elec s0ace. H 7he Co''ission shall procure space in at least one ne(spaper of general circulation in every province or city) =rovided, ho(ever, 7hat in the absence of said ne(spaper, publication shall be done in any other 'aga,ine or periodical in said province or city, (hich shall be *no(n as ICo'elec SpaceI (herein candidates can announce their candidacy. Said space shall be allocated, free of charge, e-ually and i'partially by the Co''ission a'ong all candidates (ithin the area in (hich the ne(spaper is circulated. !Sec. 2M, 1<1: >C#. Sec. '). Co elec ti e. H 7he co''ission shall procure radio and television ti'e to be *no(n as ICo'elec 7i'eI (hich shall be allocated e-ually and i'partially a'ong the candidates (ithin the area of coverage of all radio and television stations. "or this purpose, the franchise of all radio broadcasting and television stations are hereby a'ended so as to provide radio or television ti'e, free of charge, during the period of the ca'paign. !Sec. 2%, 1<1: >C#. 7hus, the la( prohibits 'ass 'edia fro' selling or donating print space and air ti'e to the candidates and re-uires the C.A>B>C instead to procure print space and air ti'e for allocation to the candidates. 9t (ill be noted that (hile J<L of B.=. Blg. ::1 re-uires the C.A>B>C to procure print space (hich, as (e have held, should be paid for, J< states that air ti'e shall be procured by the C.A>B>C free of charge. =etitionersG argu'ent is (ithout 'erit. All broadcasting !sic#, (hether by radio or by television stations, is licensed by the govern'ent. Air(ave fre-uencies have to be allocated as there are 'ore individuals (ho (ant to broadcast than there are fre-uencies to assign. A franchise is thus a privilege sub;ect, a'ong other things, to a'ended by Congress in accordance (ith the constitutional provision that Iany such franchise or right granted shall be sub;ect to a'end'ent, alteration or repeal by the Congress (hen the co''on good so re-uires. 9t is the right of the vie(ers and listeners, not the right of the broadcasters, (hich is para'ount. Since a franchise is a 'ere privilege, the e6ercise of the privilege 'ay reasonably be burdened (ith the perfor'ance by the grantee of so'e for' of public service. 9t is also i'portant to point out that3 5nder J< of B.=. Blg. ::1, the C.A>B>C does not ta*e over the operation of radio and television stations but only the allocation of air ti'e to the candidates for the purpose of ensuring, a'ong other things, e-ual opportunity, ti'e, and the right to reply as 'andated by the Constitution. 9n su', B.=. Blg. ::1, J< is not an invalid a'end'ent of petitionerGs franchise but the enforce'ent of a duty voluntarily assu'ed by petitioner in accepting a public grant of privilege.
3awful ?.penditures (:ead *age !'A, ?lection (emaid) 6tatement of Contribution and ?.penses &Sec. 1#' RA 71%%( Re)*+,ic Act No. 71%% No-e.+e/ !%' 1991

AUTHORI2ING APPROPRIATIONS THEREFOR' AND FOR OTHER PURPOSES Section 1#. $tatement of #ontributions and E%penditures) Effect of (ailure to (ile $tatement. 0 ?very candidate and treasurer of the political party shall, within thirty ('>) days after the day of the election, file in duplicate with the offices of the Commission the full, true and itemi#ed statement of all contributions and e.penditures in connection with the election8o person elected to any public offices shall enter upon the duties of his office until he has filed the statement of contributions and e.penditures herein re4uiredThe same prohibition shall apply if the political party which nominated the winning candidate fails to file the statement re4uired herein within the period prescribed by this Act?.cept candidates for elective barangay office, failure to file the statements or reports in connection with electoral contributions and e.penditures are re4uired herein shall constitute an administrative offense for which the offenders shall be liable to pay an administrative fine ranging from @ne thousand pesos (*!,>>>->>) to Thirty thousand pesos (*'>,>>>->>), in the discretion of the CommissionThe fine shall be paid within thirty ('>) days from receipt of notice of such failure otherwise, it shall be enforceable by a writ of e.ecution issued by the Commission against the properties of the offender/t shall be the duty of every city or municipal election registrar to advise in writing, by personal delivery or registered mail, within five (+) days from the date of election all candidates residing in his 2urisdiction to comply with their obligation to file their statements of contributions and e.penditures"or the commission of a second or subse4uent offense under this section, the administrative fine shall be from Two thousand pesos (*%,>>>->>) to 6i.ty thousand pesos (*;>,>>>->>), in the discretion of the Commission- /n addition, the offender shall be sub2ect to perpetual dis4ualification to hold public officeCases:

#ollado v. #*+ELE# illar vs. #*+ELE#

,-./ $#R' 0/12 ,-./ $#R' 0/12

CASES:
COLLADO V. COMELEC 94A#I3O C. PILAR $. COMELEC FAC3S: 7his is a petition for certiorari assailing the $esolution of the C.A>B>C in 5ND No. <20L2L. =etitioner =ilar filed his C.C for the position of 'e'ber of the Sangguniang =anlala(igan of the =rovince of 9sabela. & days after, petitioner (ithdre( his certificate of candidacy. 7he C.A>B>C i'posed upon petitioner the fine of =1L,LLL.LL for failure to file his state'ent of contributions and e6penditures pursuant to C.A>B>C $esolution No. &2:, in turn i'ple'enting $.A. No. 11%% (hich provides that3 State'ent of Contributions and >6penditures3 >ffect of "ailure to "ile State'ent. >very candidate and treasurer of the political
Election law 8

C-

D.

AN ACT PRO0IDING FOR S1NCHRONI2ED NATIONAL AND LOCAL ELECTIONS AND FOR ELECTORAL REFORMS'

party shall, (ithin thirty !&L# days after the day of the election, file in duplicate (ith the offices of the Co''ission the full, true and ite'i,ed state'ent of all contributions and e6penditures in connection (ith the election. =etitioner argues that he cannot be held liable for failure to file a state'ent of contributions and e6penditures because he (as a Inon0candidate,I having (ithdra(n his certificates of candidacy three days after its filing. =etitioner posits that Iit is . . . clear fro' the la( that candidate 'ust have entered the political contest, and should have either (on or lostI C.A>B>C denied the 'otion for reconsideration of petitioner and dee'ed final its first decision. =etitioner (ent to the C.A>B>C >n Banc !5ND No. <20L2L#, (hich denied the petition. Hence, this petition for certiorari. ISS4E: Did =etitionerGs (ithdra(al of his candidacy e6tinguish his liability for the ad'inistrative fine. HELD: No. Section 12 of $.A. No. 11%% states that Ievery candidateI has the obligation to file his state'ent of contributions and e6penditures. 4ell0recogni,ed is the rule that (here the la( does not distinguish, courts should not distinguish. 9n the case at bench, as the la( 'a*es no distinction or -ualification as to (hether the candidate pursued his candidacy or (ithdre( the sa'e, the ter' Ievery candidateI 'ust be dee'ed to refer not only to a candidate (ho pursued his ca'paign, but also to one (ho (ithdre( his candidacy. "urther'ore, Section 12 of the la( uses the (ord Ishall.I As a general rule, the use of the (ord IshallI in a statute i'plies that the statute is 'andatory, and i'poses a duty (hich 'ay be enforced , particularly if public policy is in favor of this 'eaning or (here public interest is involved. 4e apply the general rule. Also, Section 1& of $esolution No. &2: categorically refers to Iall candidates (ho filed their certificates of candidacy./ 9t is not i'probable that a candidate (ho (ithdre( his candidacy has accepted contributions and incurred e6penditures, even in the short span of his ca'paign. 7he evil sought to be prevented by the la( is not all too re'ote. Bastly, (e note that under the fourth paragraph of Section 1& of the B.=. Blg. ::1 or the .'nibus >lection Code of the =hilippines, it is provided that IEtFhe filing or (ithdra(al of certificate of candidacy shall not affect (hatever civil, cri'inal or ad'inistrative liabilities (hich a candidate 'ay have incurred.I

?lection :egistration =oard

=-

<ho (ay :egister (RA 8189, Sec. 9)

Section 9. 3ho may Register. All citi#ens of the *hilippines not otherwise dis4ualified by law who are at least eighteen (!7) years of age, and who shall have resided in the *hilippines for at least one (!) year, and in the place wherein they propose to vote, for at least si. (;) months immediately preceding the election, may register as a voterAny person who temporarily resides in another city, municipality or country solely by reason of his occupation, profession, employment in private or public service, educational activities, work in the military or naval reservations within the *hilippines, service in the Armed "orces of the *hilippines, the 8ational *olice "orces, or confinement or detention in government institutions in accordance with law, shall not be deemed to have lost his original residenceAny person, who, on the day of registration may not have reached the re4uired age or period of residence but, who, on the day of the election shall possess such 4ualifications, may register as a voter-

a-

Challenge of :ight to :egister (RA 8189, Sec. 18) Section 18. #hallenges to Right to Register. Any voter, candidate or representative of a registered political party may challenge in writing any application for registration, stating the grounds therefor- The challenge shall be under oath and be attached to the application, together with the proof of notice of hearing to the challenger and the applicant@ppositions to contest a registrantBs application for inclusion in the voterBs list must, in all cases, be filed not later than the second (onday of the month in which the same is scheduled to be heard or processed by the ?lection :egistration =oard- 6hould the second (onday of the month fall on a non0working holiday, oppositions may be filed on the ne.t following working day- The hearing on the challenge shall be heard on the third (onday of the month and the decision shall be rendered before the end of the month-

VI. REGISTRATION O) VOTERS *RA ('("+

A,efinition [RA 8189, Sec. 3 (a)] 3*ne 11' 199% b-

Re)*+,ic Act No. 8189

AN ACT PRO0IDING FOR A GENERAL REGISTRATION OF 0OTERS' ADOPTING A S1STEM OF CONTINUING REGISTRATION' PRESCRIBING THE PROCEDURES THEREOF AND AUTHORI2ING THE APPROPRIATION OF FUNDS THEREFOR Section ". Definition of !erms. As used in this Act: a) :egistration refers to the act of accomplishing and filing of a sworn application for registration by a 4ualified voter before the election officer of the city or municipality wherein he resides and including the same in the book of registered voters upon approval by the

Curisdiction in /nclusion and ?.clusion (RA 8189, Sec. 32) Section "!. #ommon Rules 4overning 5udicial, roceedings in the +atter of Inclusion, E%clusion, and #orrection of 6ames of 7oters. a) *etition for inclusion, e.clusion or correction of names of voters shall be filed during office hours b) 8otice of the place, date and time of the hearing of the petition shall be Election law 9

causes of deactivation: served upon the members of the =oard and the challenged voter upon filing of the petition- 6ervice of such notice may be made by sending a copy thereof by personal delivery, by leaving it in the possession of a person of sufficient discretion in the residence of the challenged voter, or by registered mail6hould the foregoing procedures not be practicable, the notice shall be posted in the bulletin board of the city or municipal hall and in two (%) other conspicuous places within the city or municipality c) A petition shall refer only to one (!) precinct and implead the =oard as respondents d) 8o costs shall be assessed against any party in these proceedings&owever, if the court should find that the application has been filed solely to harass the adverse party and cause him to incur e.penses, it shall order the culpable party to pay the costs and incidental e.penses e) Any voter, candidate or political party who may be affected by the proceedings may intervene and present his evidence f) The decision shall be based on the evidence presented and in no case rendered upon a stipulation of facts- /f the 4uestion is whether or not the voter is real or fictitious, his non0appearance on the day set for hearing shall be prima facie evidence that the challenged voter is fictitious and g) The petition shall be heard and decided within ten (!>) days from the date of its filing- Cases appealed to the :egional Trial Court shall be decided within ten (!>) days from receipt of the appeal- /n all cases, the court shall decide these petitions not later than fifteen (!+) days before the election and the decision shall become final and e.ecutorya) Any person who has been sentenced by final 2udgment to suffer imprisonment for not less than one (!) year, such disability not having been removed by plenary pardon or amnesty: *rovided, however, That any person dis4ualified to vote under this paragraph shall automatically reac4uire the right to vote upon e.piration of five (+) years after service of sentence as certified by the clerks of courts of the (unicipal$(unicipal Circuit$(etropolitan$:egional Trial Courts and the 6andiganbayan b) Any person who has been ad2udged by final 2udgment by a competent court or tribunal of having caused$committed any crime involving disloyalty to the duly constituted government such as rebellion, sedition, violation of the anti0subversion and firearms laws, or any crime against national security, unless restored to his full civil and political rights in accordance with law *rovided, That he shall regain his right to vote automatically upon e.piration of five (+) years after service of sentence c) Any person declared by competent authority to be insane or incompetent unless such dis4ualification has been subse4uently removed by a declaration of a proper authority that such person is no longer insane or incompetent d) Any person who did not vote in the two (%) successive preceding regular elections as shown by their voting records- "or this purpose, regular elections do not include the 6angguniang Eabataan (6E) elections e) Any person whose registration has been ordered e.cluded by the Court and f) Any person who has lost his "ilipino citi#enship"or this purpose, the clerks of court for the (unicipal$(unicipal Circuit$(etropolitan$:egional Trial Courts and the 6andiganbayan shall furnish the ?lection @fficer of the city or municipality concerned at the end of each month a certified list of persons who are dis4ualified under paragraph (a) hereof, with their addresses- The Commission may re4uest a certified list of persons who have lost their "ilipino Citi#enship or declared as insane or incompetent with their addresses from other government agenciesThe ?lection @fficer shall post in the bulletin board of his office a certified list of those persons whose registration were deactivated and the reasons therefor, and furnish copies thereof to the local heads of political parties, the national central file, provincial file, and the voter concernedSection !8. Reactivation of Registration. Any voter whose registration has been deactivated pursuant to the preceding 6ection may file with the ?lection @fficer a sworn application for reactivation of his registration in the form of an affidavit stating that the grounds for the deactivation no longer e.ist any time but not later than one hundred twenty (!%>) days before a regular election and ninety (F>) days before a special electionThe ?lection @fficer shall submit said application to the ?lection Election law 10

C,-

Dualification $ ,is4ualification of a 1oter (:ead *age !%A, ?lection (emaid) Activation$:eactivation$Cancellation of voters (RA 8189, Secs. 27-29)

Section !7. Deactivation of Registration. The board shall deactivate the registration and remove the registration records of the following persons from the corresponding precinct book of voters and place the same, properly marked and dated in indelible ink, in the inactive file after entering the cause or

:egistration =oard for appropriate action/n case the application is approved, the ?lection @fficer shall retrieve the registration record from the inactive file and include the same in the corresponding precinct book of voters- 3ocal heads or representatives of political parties shall be properly notified on approved applicationsSection !9. #ancellation of Registration. The =oard shall cancel the registration records of those who have died as certified by the 3ocal Civil :egistrar- The 3ocal Civil :egistrar shall submit each month a certified list of persons who died during the previous month to the ?lection @fficer of the place where the deceased are registered- /n the absence of information concerning the place where the deceased is registered, the list shall be sent to the ?lection @fficer of the city or municipality of the deceasedBs residence as appearing in his death certificate/n any case, the 3ocal Civil :egistrar shall furnish a copy of this list to the national central file and the proper provincial fileThe ?lection @fficer shall post in the bulletin board of his office a list of those persons who died whose registrations were cancelled, and furnish copies thereof to the local heads of the political parties, the national central file, and the provincial file#ases)

8ytengsu v. Republic ,1/ hil. 91:2 Evangelista v. $antos ,9; hil. <902 Romualde& v. R!# of !acloban ,-;; $#R' .:;2 'bella v. #*+ELE# ,-:= $#R' -/<2

Election law

11

CASES:
9n the 'atter of the petition of 49B"$>D. 5D7>N@S5 to be ad'itted a citi,en of the =hilippines. 6ILFRED 4Y3E#5S4 VS. REP4BLIC OF 3HE PHILIPPI#ES FAC3S: 4ilfred 5ytengsu (as born of Chinese parents in Du'aguete, Negros .riental on .ctober %, 1< 1. He began his pri'ary education at Saint 7heresaGs College in said 'unicipality. Subse-uently, he attended the Bittle "lo(er of Jesus Acade'y then San Carlos College then Sili'an 5niversity. >arly in 1<2%, he studied for one se'ester in Aapua 9nstitute of 7echnology. Soon after, he (ent to the 5nited States (here fro' 1<2101<ML, he (as enrolled in Beland Stanford Junior 5niversity and graduated in 1<ML. 9n April 1<ML, he returned to the =hilippines for 2 'onths vacation. 7hen, on July 1M, 1<ML, he filed for naturali,ation. "orth(ith, he returned to the 5S and too* post0graduated course. He finished his course in July 1<M1 but did not return to the =hilippines until .ctober 1<M1. Hence, the hearing of the case, originally scheduled to ta*e place on July 1 , 1<M1, had to be postponed on 'otion of counsel for 5ytengsu. ISS4E: 4hether or not the application for naturali,ation 'ay be granted, not(ithstanding the fact that 5ytengsu left the =hilippines i''ediately after filing of his petition and did not return until several 'onths after the first date set for hearing HELD: N. 9t should be noted that to beco'e a citi,en of the =hilippines by naturali,ation, one 'ust reside therein for not less than 1L years e6cept in so'e special cases, in (hich M years of residence is sufficient. =ursuant to the provision, the petitioner 'ust also file an application stating that he has the -ualifications re-uired by the la(. 9nas'uch these -ualifications include the residence re-uire'ent already referred to, it follo(s that the applicant 'ust prove that he is a resident of the =hilippines at the ti'e, not only of the filing of the application, but also of its hearing. 9f the residence thus re-uired is the actual or constructive per'anent ho'e, other(ise *no(n as legal residence or do'icile, then the applicant 'ust be do'iciled in the =hilippines on both dates. Conse-uently, Section 1 of Co''on(ealth Act no. 21& i'poses upon the applicant the duty to state in his s(orn application +that he (ill reside continuously in the =hilippines/ in the intervening period, it can not refer 'erely to the need of an uninterrupted do'icile or legal residence, irrespective of actual residence. 9t is (ell settled rule that (henever possible, a legal provision 'ust not be construed 'eaningless in the sense of adding nothing to the la( or having no effect (hatsoever thereon. 7he clause 'ust be construed as de'anding actual residence in the =hilippines fro' the filing of petition for naturali,ation to its deter'ination by the court. Although the (ords +residence/ and +do'icile are often used interchangeable, each has, in strict legal parlance, a 'eaning distinct and different fro' that of the other. 7he essential distinction bet(een residence and do'icile is this3 the first involves the intent to leave (hen the purpose for (hich has ta*en up his abode ceases) the other has no such intent, the abiding is ani'o 'anendi. Such distinction (as, in effect, applied in Dy v. $epublic. 7he -uestion arose (hether, having been do'iciled in the =hilippines for every &L years, he could be naturali,ed as a citi,en of the =hilippines, (ithout previous declaration of intention in vie( of section % of CA 21&, e6e'pting fro' such re-uire'ent +those (ho have resided in the =hilippines continuously for a period of thirty years or 'ore, before filing their application./ Supre'e Court decided the -uestion in negative upon the ground that

+actual and substantial residence (ithin the =hilippines, not legal residence/ or +do'icile/ alone is essential to the en;oy'ent of the benefits of said e6e'ption. 9f said actual and substantial residence0 not 'erely legal residence0 is necessary to dispense (ith the filing of a declaration of intention, it is even 'ore necessary during the period intervening fro' the filing of the petition for naturali,ation to the date of hearing thereof. 94A# D. EVA#5ELIS3A E3 AL.1 vs. RAFAEL SA#3OS. Facts: 7he co'plaint alleges that plaintiffs are 'inority stoc*holders of the ?itali Bu'ber Co'pany, 9nc., a =hilippine corporation organi,ed for the e6ploitation of a lu'ber concession in Na'boanga, =hilippines. 7he defendant holds 'ore than ML percent of the stoc*s of said corporation and also is and al(ays has been the president, 'anager, and treasurer thereof) and that defendant, in such triple capacity, through fault, neglect, and abandon'ent allo(ed its lu'ber concession to lapse and its properties and assets, a'ong the' 'achineries, buildings, (arehouses, truc*s, etc., to disappear, thus causing the co'plete ruin of the corporation and total depreciation of its stoc*s. 7he co'plaint therefore prays for ;udg'ent re-uiring defendant3 !1# to render an account of his ad'inistration of the corporate affairs and assets3 ! # to pay plaintiffs the value of their respective participation in said assets on the basis of the value of the stoc*s held by each of the') and !&# to pay the costs of suit. =laintiffs also as* for such other re'edy as 'ay be and e-uitable. 7he co'plaint does not give plaintiffsG residence, but, but purposes of venue, alleges that defendant resides at 11 De(ey Boulevard, corner Bibertad Street, =asay, province of $i,al. Having been served (ith su''ons at that place, defendant filed a 'otion for the dis'issal of the co'plaint on the ground of i'proper venue and also on the ground that the co'plaint did not state a cause of action in favor of plaintiffs. 9n support of the ob;ection to the venue, the 'otion, (hich is under oath, states that defendant is a resident of 9loilo City and not of =asay, and at the hearing of the 'otion defendant also presented further affidavit to the effect that (hile he has a house in =asay, (here 'e'bers of his fa'ily (ho are studying in Aanila live and (here he hi'self is so;ourning for the purpose of attending to his interests in Aanila, yet he has per'anent residence in the City of 9loilo (here he is registered as a voter for election purposes and has been paying his residence certificate. =laintiffs opposed the 'otion for dis'issal but presented no counter proof and 'erely called attention to the SheriffGs return sho(ing service of su''ons on defendant personally at his alleged residence at No. 11 De(ey Boulevard, =asay.v Issue: 4hether or not the plaintiffs have the right to bring this action for their benefitO Held: 7he co'plaint sho(s that the action is for da'ages resulting fro' 'is'anage'ent of the affairs and assets of the corporation by its principal officer, it being alleged that defendantGs 'alad'inistration has brought about the ruin of the corporation and the conse-uent loss of value of its stoc*s. 7he in;ury co'plained of is thus pri'arily to the corporation, so that the suit for the da'ages clai'ed should be by the corporation rather than by the stoc*holders !& "letcher, Cyclopedia of Corporation pp. <110<:L#. 7he stoc*holders 'ay not directly clai' those da'ages for the'selves for that (ould result in the appropriation by, and the distribution a'ong the' of part of the corporate
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assets before the dissolution of the corporation and the li-uidation of its debts and liabilities, so'ething (hich cannot be legally done in vie( of section 1% of the Corporation Ba(, (hich provides3 No shall corporation shall 'a*e or declare any stoc* or bond dividend or any dividend (hatsoever fro' the profits arising fro' its business, or divide or distribute its capital stoc* or property other than actual profits a'ong its 'e'bers or stoc*holders until after the pay'ent of its debts and the ter'ination of its e6istence by li'itation or la(ful dissolution. But (hile it is to the corporation that the action should pertain in cases of this nature, ho(ever, if the officers of the corporation, (ho are the ones called upon to protect their rights, refuse to sue, or (here a de'and upon the' to file the necessary suit (ould be futile because they are the very ones to be sued or because they hold the controlling interest in the corporation, then in that case any one of the stoc*holders is allo(ed to bring suit !& "letcherGs Cyclopedia of Corporations, pp. <110<:L#. But in that case it is the corporation itself and not the plaintiff stoc*holder that is the real property in interest, so that such da'ages as 'ay be recovered shall pertain to the corporation !=ascual vs. Del Sa, .rosco, 1< =hil. : , :M#. 9n other (ords, it is a derivative suit brought by a stoc*holder as the no'inal party plaintiff for the benefit of the corporation, (hich is the real property in interest !1& "letcher, Cyclopedia of Corporations, p. <M#. 9n the present case, the plaintiff stoc*holders have brought the action not for the benefit of the corporation but for their o(n benefit, since they as* that the defendant 'a*e good the losses occasioned by his 'is'anage'ent and pay to the' the value of their respective participation in the corporate assets on the basis of their respective holdings. Clearly, this cannot be done until all corporate debts, if there be any, are paid and the e6istence of the corporation ter'inated by the li'itation of its charter or by la(ful dissolution in vie( of the provisions of section 1% of the Corporation Ba(. 9t results that plaintiffGs co'plaint sho(s no cause of action in their favor so that the lo(er court did not err in dis'issing the co'plaint on that ground. 4hile plaintiffs as* for re'edy to (hich they are not entitled unless the re-uire'ent of section 1% of the Corporation Ba( be first co'plied (ith, (e note that the action stated in their co'plaint is susceptible of being converted into a derivative suit for the benefit of the corporation by a 'ere change in the prayer. Such a'end'ent, ho(ever, is not possible no(, since the co'plaint has been filed in the (rong court, so that the sa'e last to be dis'issed. 7he order appealed fro' is therefore affir'ed, but (ithout pre;udice to the filing of the proper action in (hich the venue shall be laid in the proper province. AppellantGs shall pay costs. So ordered. PHILIP 5. ROM4ALDE: vs. RE5IO#AL 3RIAL CO4R31 BRA#CH +1 3ACLOBA# CI3Y1 DO#A3O ADVI#C4LA1 BOARD OF ELEC3IO# I#SPEC3ORS1 PRECI#C3 #o. '1 MALBO51 3OLOSA1 LEY3E1 and t,e M4#ICIPAL RE5IS3RAR COMELEC1 3OLOSA1 LEY3E FAC3S: 7he petitioner is =hilip $o'ualde,, a natural born citi,en of the =hilippines, the son of the for'er @overnor of Beyte, Ben;a'in IPo*oyI $o'ualde,, and nephe( of the then "irst Bady 9'elda Aarcos. So'eti'e in the early part of 1<:L, the petitioner, in consonance (ith his decision to establish his legal residence at Barangay Aalbog, 7olosa, Beyte, caused the construction of his residential house therein. He soon thereafter also served as Barangay Captain of the place. 9n the 1<:2 Batasan >lection and 1<:% IsnapI =residential >lection, $o'ualde, acted as the

Ca'paign Aanager of the Pilusang Bagong Bipunan !PBB# in Beyte (here he voted. 4hen the eventful days fro' the 1st to the 2th of "ebruary, 1<:%, ca'e or (ere about to co'e to a close, so'e relatives and associates of the deposed =resident, fearing for their personal safety, (hether founded or not, IfledI the country. =etitioner $o'ualde,, for one, together (ith his i''ediate fa'ily, left the =hilippines and sought Iasylu'I in the 5nited States (hich the 5nited States !5.S.# govern'ent granted. 4hile abroad, he too* special studies on the develop'ent of Beyte0 Sa'ar and international business finance. 9n the early part of 1<:1, $o'ualde, atte'pted to co'e bac* to the =hilippines to run for a congressional seat in Beyte. .n & Aarch 1<:1, he finally decided to boo* a flight bac* to the =hilippines but the flight (as so'eho( aborted. .n M Septe'ber 1<<1, $o'ualde, received a letter fro' Ar. Charles Cobb, District Director of the 5.S. 9''igration and Naturali,ation Service, infor'ing hi' that he should depart fro' the 5.S. at his e6pense on or before & August 1<< . 5pon receipt of the letter, $o'ualde, departed fro' the 5.S. for the =hilippines, arriving on Dece'ber 1<<1 apparently (ithout any govern'ent docu'ent. 4hen $o'ualde, arrived in the =hilippines, he did not delay his return to his residence at Aalbog, 7olosa, Beyte. During the registration of voters conducted by the Co''ission on >lection !IC.A>B>CI# on L1 "ebruary 1<< for the Synchroni,ed National and Bocal >lection scheduled for 11 Aay 1<< , petitioner registered hi'self ane( as a voter at =recinct No. < of Aalbog, 7olosa, Beyte. 7he chair'an of the Board of >lection 9nspectors, (ho had *no(n $o'ualde, to be a resident of the place and, in fact, an elected Barangay Chair'an of Aalbog in 1<: , allo(ed hi' to be registered. $o'ualde,Gs registration, ho(ever, (as not to be un-uestioned. .n 1 "ebruary 1<< , herein private respondent Donato Advincula !IAdvinculaI# filed a petition (ith the Aunicipal 7rial Court of 7olosa, Beyte, praying that $o'ualde, be e6cluded fro' the list of voters in =recinct No. < of Aalbog, 7olosa, Beyte, under B= ::1 and $A 11%%. Advincula alleged that $o'ualde, (as a resident of Aassachusetts, 5.S.A.) that his profession and occupation (as in the 5.S.A.) that he had ;ust recently arrived in the =hilippines) and that he did not have the re-uired one0year residence in the =hilippines and the si60'onth residence in 7olosa to -ualify hi' to register as a voter in Barangay Aalbog, 7olosa, Beyte. .n M "ebruary 1<< , $o'ualde, filed an ans(er, contending that he has been a resident of 7olosa, Beyte, since the early 1<:LGs, and that he has not abandoned his said residence by his physical absence therefro' during the period fro' 1<:% up to the third (ee* of Dece'ber 1<<1. After due hearing, the Aunicipal Court of 7olosa, Beyte rendered a decision on : "ebruary 1<< in favor of herein petitioner. 5pon receipt of the adverse decision, Advincula appealed the case to the respondent court, (hich rendered decision against herein petitioner. Hence, this recourse. .n 1 Aay 1<< , this Court issued a te'porary restraining order directing respondent $egional 7rial Court Judge =edro >spino to cease and desist fro' enforcing -uestioned decision. ISS4E:
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4hether or not the respondent court erred in finding the petitioner to have voluntarily left the country and abandoned his residence in Aalbog, 7olosa, BeyteO HELD: YES. 7he Solicitor @eneral hi'self sustains the vie( of petitioner $o'ualde,. >6pressing surprise at this stance given by the Solicitor @eneral, respondent Advincula posits non se-uitur argu'ent in his co''ent assailing instead the person of Solicitor >dgar Chua. 9n election cases, the Court treats do'icile and residence as synony'ous ter's, thus3 I!t#he ter' IresidenceI as used in the election la( is synony'ous (ith Ido'icileI, (hich i'ports not only an intention to reside in a fi6ed place but also personal presence in that place, coupled (ith conduct indicative of such intention.I IDo'icileI denotes a fi6ed per'anent residence to (hich (hen absent for business or pleasure, or for li*e reasons, one intends to return. 7hat residence, in the case of the petitioner, (as established during the early 1<:LGs to be at Barangay Aalbog, 7olosa, Beyte. $esidence thus ac-uired, ho(ever, 'ay be lost by adopting another choice of do'icile. 9n order, in turn, to ac-uire a ne( do'icile by choice, there 'ust concur !1# residence or bodily presence in the ne( locality, ! # an intention to re'ain there, and !&# an intention to abandon the old do'icile. 9n other (ords, there 'ust basically be ani'us 'anendi coupled (ith ani'us non revertendi. 7he purpose to re'ain in or at the do'icile of choice 'ust be for an indefinite period of ti'e) the change of residence 'ust be voluntary) and the residence at the place chosen for the ne( do'icile 'ust be actual. 7he political situation brought about by the I=eopleGs =o(er $evolutionI 'ust have truly caused great apprehension to the $o'ualde,es, as (ell as a serious concern over the safety and (elfare of the 'e'bers of their fa'ilies. 7heir going into self0 e6ile until conditions favorable to the' (ould have so'eho( stabili,ed is understandable. Certainly, their sudden departure fro' the country cannot be described as Ivoluntary,I or as Iabandon'ent of residenceI at least in the conte6t that these ter's are used in applying the concept of Ido'icile by choice.I 4e have closely e6a'ined the records, and (e find not that 'uch to convince us that the petitioner had, in fact, abandoned his residence in the =hilippines and established his do'icile else(here. 9t 'ust be e'phasi,ed that the right to vote is a 'ost precious political right, as (ell as a bounden duty of every citi,en, enabling and re-uiring hi' to participate in the process of govern'ent so as to ensure that the govern'ent can truly be said to derive its po(er solely fro' the consent of the governed. 4e, therefore, 'ust co''end respondent Advincula for spending ti'e and effort even all the (ay up to this Court, for as the right of suffrage is not to be abridged, so also 'ust (e safeguard and preserve it but only on behalf of those entitled and bound to e6ercise it. ABELLA $s. COMELEC Petitione": B>NJAA9N =. AB>BBA Res0ondents: C.AA9SS9.N .N >B>C79.NS and AD>B9NA D. BA$$ANABAB E@.$. No. 1LL11L Septe'ber &, 1<<1F Petitione": AD>B9NA D. BA$$ANABAB Res0ondents: C.AASS9.N .N >B>C79.NS and S9B?>S7$> D> BA C$5N

E@.$. No. 1LL1&< Septe'ber &, 1<<1F FAC3S: 9nitially, Silvestre dela Cru, !Ben;a'in Abella (as allo(ed to intervene# filed a petition (ith the C.A>B>C to dis-ualify petitioner Barra,abal fro' running as governor of Beyte on the ground that she 'isrepresented her residence in her certificate of candidacy as Pananga, Beyte. 9t (as alleged that she (as in fact a resident of .r'oc City li*e her husband (ho (as earlier dis-ualified fro' running for the sa'e office. 7he C.A>B>C granted the petition. Ho(ever, (hen the Co''ission granted the decision, Barra,abal (as already proclai'ed the @overnor, hence, (hen she (as dis-ualified, Abella, (ho gathered the second highest votes in the said area, sought to ta*e his oath as governor of Pananga, Beyte. 7he petitioner, ho(ever, avers that the C.A>B>C decision is erroneous (hen it relied on the provisions of the "a'ily Code to rule that the petitioner lac*s the re-uired residence to -ualify her to run for the position of governor of Beyte. She opines that under Ithe >lection Ba(, the 'atter of deter'ination of the $>S9D>NC> is 'ore on the principle of 9N7>N79.N, the ani'us revertendi rather than anything else.I 9n this regard she states that ... Iher subse-uent physical transfer of residence to .r'oc City thereafter, did not necessarily erased !sic# or re'oved her Pananga residence, for as long as she had the AN9A5S $>?>$7>ND9 evidenced by her continuous and regular acts of returning there in the course of the years, although she had physically resided at .r'oc City.I

ISS4ES 4hether or not the candidate (ho got the second highest vote 'ay be proclai'ed as governor (hen the candidate for such position (as dis-ualified. 4hether or not the petitioner is a registered voter of Pananga, Beyte Ethe petitioner insists that she is such a registered voter based on the follo(ing antecedents3 1 She cancelled her registration in .r'oc City on Nov M, 1<:1, and she then transferred her registration to Pananga, Beyte on Nove'ber M, 1<:1 by registering thereat and &# she later voted on election day !"eb 1, 1<::# in Pananga, Beyte.F 4hether or not Abella can assu'e position of governor by virtue of Section % $A %%2%. HELD 9ssue Q13 7he Supre'e Court held that (hile it is true that S=C No. ::0M2% (as originally a petition to deny due course to the certificate of candidacy of Barra,abal and (as filed before Barra,abal could be proclai'ed, the fact re'ains that the local elections of "ebruary 1, 1<:: in the province of Beyte proceeded (ith Barra,abal considered as a bona fide candidate. 7he voters of the province voted for her in the sincere belief that she (as a -ualified candidate for the position of governor. Her votes (ere counted and she obtained the highest nu'ber of votes. 7he net effect is that the petitioner lost in the election. He (as repudiated by the electorate. As regards the principle of AN9A5S $>?>$7>ND9 E"aypon v. Ruirino3EAFere absence fro' oneGs residence or origin0 do'icile0to pursue studies, engage in business, or practice
Election law 14

his avocation, is not sufficient to constitute abandon'ent or loss of such residence.G 7he deter'ination of a persons legal residence or do'icile largely depends upon intention (hich 'ay be inferred fro' his acts, activities and utterances. 7he party (ho clai's that a person has abandoned or left his residence or origin 'ust sho( and prove pre0ponderantly such abandon'ent or loss.F 9n the instant case, there is no evidence to prove that the petitioner te'porarily left her residence in Pananga, Beyte in 1<1M to pursue any calling, profession or business. 4hat is clear is that she established her residence in .r'oc City (ith her husband and considers herself a resident therein. 7he intention of ani'us revertendi not to abandon her residence in Pananga, Beyte therefor, is nor present. 7he fact that she occasionally visits Pananga, Beyte through the years does not signify an intention to continue her residence therein. 9t is co''on a'ong us "ilipinos to often visit places (here (e for'erly resided specially so (hen (e have left friends and relatives although for intents and purposes (e have already transferred our residence to other places. 9ssue Q 3 4e find the version pressed by respondent un(orthy of belief. 7he story is 'ar*ed by so 'any bi,arre circu'stances not consistent (ith the ordinary course of events or the natural behavior of persons. A'ong these are3 !1# 7he application for cancellation of registration by respondent Adelina D. Barra,abal happened to be 'isplaced by a cler* in the >lection $egistrarGs .ffice for .r'oc City so it (as not sent to the Board of >lection 9nspectors in a sealed envelope) ! # 7he Ginadverter'entG !sic# 'isplace'ent (as discovered only on January <,1<::) !&# 7he voterGs affidavit (as delivered by itself (ithout any endorse'ent or covering letter fro' the >lection $egistrar or anybody else) !2# 7he election cler* delivered the application for cancellation only to(ards the last hour of the revision day, allegedly at 23&L =.A., January <, 1<::) !M# All the 'e'bers of the B>9 had already signed the Ainutes indicating that no revision of the voterGs list (as 'ade as of M3LL =A !%# 7he poll cler* and the third 'e'ber prepared another 'inutes stating that the election cler* had delivered the application for cancellation at 23&L =.A. (ithout any reference to the 'inutes they had previously signed) !1# >'eterio Barra,abal, (ho (as supposed to have registered in =recinct 11, Aaha(an, Pananga, (as supposed to have filled up an application for cancellation of his registration in =recinct No. 1M, .r'oc City at =recinct 11 concurrent (ith his registration. His application for cancellation (as never sub'itted in evidence. !:# 7he serial nu'ber of the voterGs affidavits of the spouses Barra,abal in =recinct No. 11 are far re'oved fro' the serial nu'bers of the other ne( registrants in Nove'ber :, 1<:1 in the sa'e precinct. 7he 'ost telling evidence is the list of voters, that the Chair'an and the poll cler* had (ritten in =art 99 of the sa'e, closed by the signatures of both officials sho(ing that there (ere only < additional registered voters in =recinct 11, petitioner (as not there. 9t (as only on "ebruary 1M, 1<::, or t(o (ee*s after the election day that the sa'e $egistrar certified for the first ti'e that there (ere t(o voters lists, the first (ithout the na'es of the Barra,abals and the second, (hich appeared only after "ebruary 1, sub'itted by the Chair'an of the Board for =recinct 11 (hich contained the spouses Barra,abalsG na'es. "ailing in her contention that she is a resident and registered voter of Pananga, Beyte, the petitioner poses an alternative position that her being a registered voter in .r'oc City (as no i'pedi'ent to her candidacy for the position of governor

of the province of Beyte. Section 1 , Article C of the Constitution provides3 $elating therefore, section :< of $.A. 11< to section 1 , Article C of the Constitution one co'es up (ith the follo(ing conclusion3 that .r'oc City (hen organi,ed (as not yet a highly0urbanned city but is, nevertheless, considered independent of the province of Beyte to (hich it is geographically attached because its charter prohibits its voters fro' voting for the provincial elective officials. 7he -uestion no( is (hether or not the prohibition against the GcityGs registered votersG electing the provincial officials necessarily 'ean, a prohibition of the registered voters to be elected as provincial officials. 7he argu'ent is untenable. Section 1 , Article C of the Constitution is e6plicit in that aside fro' highly0urbani,ed cities, co'ponent cities (hose charters prohibit their voters fro' voting for provincial elective officials are independent of the province. 9n the sa'e provision, it provides for other co'ponent cities (ithin a province (hose charters do not provide a si'ilar prohibition. Necessarily, co'ponent cities li*e .r'oc City (hose charters prohibit their voters fro' voting for provincial elective officials are treated li*e highly urbani,ed cities (hich are outside the supervisory po(er of the province to (hich they are geographically attached. 7his independence fro' the province carries (ith it the prohibition or 'andate directed to their registered voters not to vote and be voted for the provincial elective offices. 7he resolution in @.$. No. :L11% entitled =eralta v. 7he Co''ission on >lections, et al. dated Dece'ber 1L, 1<:1 applies to this case. 4hile the cited case involves .longapo City (hich is classified as a highly urbani,ed city, the sa'e principle is applicable. Aoreover, Section :< of $epublic Act 11<, independent of the constitutional provision, prohibits registered voters of .r'oc City fro' voting and being voted for elective offices in the province of Beyte. 4e agree (ith the C.A>B>C en banc that Ithe phrase Gshall not be -ualified and entitled to vote in the election of the provincial governor and the 'e'bers of the provincial board of the =rovince of BeyteG connotes t(o prohibitions one, fro' running for and the second, fro' voting for any provincial elective official.I 7he petitioner ta*es e6ception to this interpretation. She opines that such interpretation is I(rong >nglishI since no(here in the provision is there any reference to a prohibition against running for provincial elective office. She states that if the prohibition to run (as indeed intended, the provision should have been phrased IShall not be -ualified 7. $5N in the election ".$ provincial governor.I A co''a should have been used after the (ord -ualified and after the (ord IvoteI to clearly indicate that the phrase Iin the election of the provincial governorI is 'odified separately and distinctly by the (ords Inot -ualifiedI and the (ords Inot entitled to vote.I 7he Court finds the petitionerGs interpretation fallacious. 9n the case of Aapa v. Arroyo, the con;unction and bet(een the phrase shall not be -ualified and entitled to vote refer to t(o prohibitions as ruled by the C.A>B>C in relation to the de'onstrative phrase Iin the election of the provincial governor and the 'e'bers of the provincial board of the =rovince of Beyte.I 9ssue Q&3 Abella clai's that the "rivaldo and Babo cases (ere 'isapplied by the C.A>B>C. According to hi' these cases are funda'entally different fro' S=C No. ::0M2% in that the "rivaldo and Babo cases (ere petitions for a -uo (arranto filed under section M& of the .'nibus Code, contesting the
Election law 15

eligibility of the respondents after they had been proclai'ed duly elected to the .ffice fro' (hich they (ere sought to be unseated (hile S=C No. ::0M2% (hich (as filed before procla'ation under section 1: of the .'nibus >lection Code sought to deny due course to Barra,abalGs certificate of candidacy for 'aterial 'isrepresentations and (as seasonably filed on election day. He, therefore, avers that since under section % of $epublic Act %%2% it is provided therein that3 Any candidate (ho has been declared by final ;udg'ent to be dis-ualified shall not be voted for, and the votes case for hi' shall not be counted. 7he votes cast in favor of Barra,abal (ho obtained the highest nu'ber of votes are not considered counted 'a*ing her a non0candidate, he, (ho obtained the second highest nu'ber of votes should be installed as regular @overnor of Beyte in accordance (ith the CourtGs ruling in @.$. No. ::LL2. 4hile it is true that S=C No. ::0M2% (as originally a petition to deny due course to the certificate of candidacy of Barra,abal and (as filed before Barra,abal could be proclai'ed the fact re'ains that the local elections of "ebruary 1, 1<:: in the province of Beyte proceeded (ith Barra,abal considered as a bona0fide candidate. 7he voters of the province voted for her in the sincere belief that she (as a -ualified candidate for the position of governor. Her votes (ere counted and she obtained the highest nu'ber of votes. 7he net effect is that the petitioner lost in the election. He (as repudiated by the electorate. 9n the "rivaldo and Babo cases, this is precisely the reason (hy the candidates (ho obtained the second highest nu'ber of votes (ere not allo(ed to assu'e the positions vacated by "rivaldo the governorship of Sorsogon, and Babo, the position of 'ayor in Baguio City. 7he nature of the proceedings therefore, is not that co'pelling. 4hat 'atters is that in the event a candidate for an elected position (ho is voted for and (ho obtains the highest nu'ber of votes is dis-ualified for not possessing the eligibility re-uire'ents at the ti'e of the election as provided by la(, the candidate (ho obtains the second highest nu'ber of votes for the sa'e position can not assu'e the vacated position. 9t should be stressed that in @.$. No. ::LL2, the Court set aside the dis'issal of S=C No. ::0M2%, and directed the C.A>B>C to conduct hearings to deter'ine (hether or not Barra,abal (as -ualified to be a candidate for the position of governor in the province of Beyte. 7his is the i'port of the decision in @.$. No. ::LL2. 7hus, the Court ruled in the case of Babo, Jr. v. Co''ission on >lections3 "inally, there is the -uestion of (hether or not the private respondent, (ho filed the -uo (arranto petition, can replace the petitioner as 'ayor. He cannot. 7he si'ple reason is that as he obtained only the second highest nu'ber of votes in the election, he (as obviously not the choice of the people of Baguio City. 3,e latest "ulin% o( t,e Cou"t on t,is issue is Santos $. Co ission on Elections1 decided in &';<. In t,at case1 t,e candidate -,o 0laced second -as 0"oclai ed elected a(te" t,e $otes (o" ,is -innin% "i$al1 -,o -as dis=uali(ied as a tu"ncoat and conside"ed a non> candidate1 -e"e all dis"e%a"d as st"a.. In e((ect1 t,e second 0lace" -on !. de(ault. 3,at decision -as su00o"ted !. ei%,t e !e"s o( t,e Cou"t t,en1 -it, t,"ee dissentin% and anot,e" t-o "ese"$in% t,ei" $ote. One -as on o((icial lea$e. ... it (ould be e6tre'ely repugnant to the basic concept of the constitutionally guaranteed right to suffrage if a candidate (ho has not ac-uired the 'a;ority or plurality of votes is proclai'ed a (inner and i'posed as the

representative of a constituency, the 'a;ority of (hich have positively declared through their ballots that they do not choose hi'. Sound policy dictates that public elective offices are filled by those (ho have received the highest nu'ber of votes cast in the election for that office, and it is a funda'ental idea in all republican for's of govern'ent that no one can be declared elected and no 'easure can be declared carried unless he or it receives a 'a;ority or plurality of the legal votes cast in the election. 7he fact that the candidate (ho obtained the highest nu'ber of votes is later declared to be dis-ualified or not eligible for the office to (hich he (as elected does not necessarily entitle the candidate (ho obtained the second highest nu'ber of votes to be declared the (inner of the elective office. 7he votes cast for a dead, dis-ualified, or non0eligible person 'ay not be valid the vote the (inner into office or 'aintain hi' there. Ho(ever the absence of a statute (hich clearly asserts a contrary politics and legislative policy on the 'atter, if the votes (ere cast in the sincere belief that the candidate (as alive, -ualified, or eligible, they should not be treated as stray, void or 'eaningless. 9n su', the Court does not find any reason to reverse and set aside the -uestioned decision and resolution of the C.A>B>C. 7he C.A>B>C has not acted (ithout or in e6cess of ;urisdiction or in grave abuse of discretion.

VII. BOARD OF ELECTION INSPECTORS (BEI)

'. Composition and Dualifications of =?/ [Section 1 and 2, COMELEC Reso !tion "o. 8739, #ece$%e& 29, 2''9( Section 3, RA 8)3* (as a$ended %+ RA 93*9) ] COMELEC RESOLUTION NO. 87"9 GENERAL INSTRUCTIONS FOR THE BOARD OF ELECTION INSPECTORS &BEI( ON THE 0OTING' COUNTING' AND TRANSMISSION OF RESULTS IN CONNECTION 4ITH THE 1 MA1 ! 1 ' NATIONAL AND LOCAL ELECTIONS. Section 1. ,oa&d o- E ection .ns/ecto&s (,E.)( constit!ti!on and a//oint$ent. G The Commission on ?lections, through its ?lection @fficer, shall constitute not later than Canuary 7, %>!>, the =?/ for each precinct$clustered precinct from the list of all public school teachers submitted by the ,epartment of ?ducation5s (,ep?d) highest official within the city$municipality$school districtThe =?/ shall be composed of a Chairman and two (%) members, one of whom shall be designated as poll clerk, and all of whom shall be public school teachers, giving preference to those with permanent appoinment and those who served in the immediately preceding 8ational and 3ocal ?lections/n all cases, the ?lection @fficer shall ensure that at least one (!) member of the =?/ shall be an information technology0 capable person as certified by the ,epartment of 6cience and Technology (,@6T) after the training of the same/n case there are not enough public school teachers, teachers in private schools, employees in the civil service, or citi#ens of known probity and competence who are registered voters of the city or municipality may be appointed as members of the =?/ provided that the chairman shall be a public school teacherElection law 16

Section !. 0!a i-ications o- $e$%e&s o- t1e ,E.. 0 No person shall be appointed as chairman or member of the =?/, whether regular, substitute or temporary, unless he: a) /s of good moral character and irreproachable reputation b) /s a registered voter of the city or municipality c) &as never been convicted of any election offense or of any other crime punishable by more than si.(;) months of imprisonment d) &as no pending case against him filed COMELEC$court for any election offense and in

related within the fourth civil degree of consanguinity or affinity to any member of the board of election inspectors or to any candidate to be voted for in the polling place or his spouse#. *owers of =?/ [Section 1', COMELEC Reso !tion "o. 8739, #ece$%e& 29, 2''9( Section 1*8, ,3 881]

Section 1 . 3o5e& and -!nctions o- t1e ,E.. 0 The =?/ shall have the following powers and functions: a) Conduct the voting in the polling administer the electronic counting of votes place and

b) *rint the election returns and trnasmit electronically the election results, through the use of the *C@6 machine, to the: a- City$(unicipal =oard of Canvassers b- dominant ma2ority party, dominant minority party, accredited citi#ens5 arm and E=* and c-to the serverc) Act as deputies of the Commission in the conduct of the elections d) (aintain order within the polling place and its premises keep access thereto open and unobstructed enforce obedience to its lawful orders and prohibit the use of cellular phones and camera by the voters- /f any person refuses to obey the lawful orders of the =?/ or conducts himself in a disorderly manner in its presence or within its hearing and thereby interrupts or disturbs its proceedings, the =?/ may issue an order in writing directing any peace officer to take said person into custody until the ad2ournment of the meeting, but such order shall not be e.ecuted as to prevent said person from voting- A copy of such written order (Anne. "A") shall be attached to the (inutes ande) *erform such other functions prescribed by law or by the rules and regulations promulgated by the CommissionSection 1%8. owers of the board of election inspectors. - The board of election inspectors shall have the following powers and functions: a- Conduct the voting and counting of votes in their respective polling places b- Act as deputies of the Commission in the supervision and control of the election in the polling places wherein they are assigned, to assure the holding of the same in a free, orderly and honest manner and c- *erform such other functions prescribed by this Code or by the rules and regulations promulgated by the Commission#ase) un&alan v. #*+ELE# ,-91 $#R' 0:-2

e) /s able to speak, read and write ?nglish or the local dialectRe)*+,ic Act No. 8#"% Dece.+e/ !!' 1997 Amended by RA F';F AN ACT AUTHORI2ING THE COMMISSION ON ELECTIONS TO USE AN AUTOMATED ELECTION S1STEM IN THE MA1 11' 1998 NATIONAL OR LOCAL ELECTIONS AND IN SUBSE5UENT NATIONAL AND LOCAL ELECTORAL EXERCISES' PRO0IDING FUNDS THEREFOR AND FOR OTHER PURPOSES Section ". 0!a i-ications, &i21ts and i$itations o- t1e s/ecia $e$%e&s o- t1e ,oa&d o- E ection .ns/ecto&s . 0 8o person shall be appointed as a special member of the board of election inspectors unless he$she is of good moral character and irreproachable reputation, a registered voter, has never been convicted of any election offense or of any crime punishable by more than si. (;) months imprisonment or if he$she has pending against him$her an information for any election offense or if he$she is related within the fourth civil degree of consanguinity or affinity to any member of the board of election inspectors or any special member of the same board of ?lection /nspector or to any candidate for a national position or to a nominee as a party list representative or his$her spouse- The special members of the board shall en2oy the same rights and be bound by the same limitations and liabilities of a regular member of the board of election inspectors but shall not vote during the proceedings of the board of election inspectors e.cept on matters pertaining to the national ballot-

B.

,is4ualification of =?/ [Section 3 and ), COMELEC Reso !tion "o. 8739, #ece$%e& 29, 2''9( Section 1*7, ,3 881 ]

Section ". #is4!a i-ication. 0 No person shall serve as chairman or member of the =?/ if he or his spouse is related within the fourth civil degree of consanguinity or affinity to any member of the same =?/ or to any candidate to be voted for or to the latter5s spouse- 1iolation of this provision shall constitute an election offense as provided in 6ection %;! (bb), sub0par (') of the @mnibus ?lection CodeSection #. "otice o- dis4!a i-ication. 0 Any c hairman or member of the =?/ who is dis4ualified for any reason shall immediately notify the ?lection @fficer of such fact in writing, who shall in turn, appoint a substituteSection 1%7. Disqualification. - 8o person shall serve as chairman or member of the board of election inspectors if he is

CASE:
Election law 17

P4#:ALA# V. COMELEC FAC3S: Aanalastas, Aeneses and =un,alan (ere a'ong of the 2 candidates for 'ayor of the 'unicipality of Ae6ico =a'panga. Aunicipal Board of Canvassers !ABC# proclai'ed Aeneses as the duly elected 'ayor. Aanalastas and =un,alan separately siled election protests challenging the results of the elections) Aeneses filed his ans(er to both (ith counter protests3 ordered consolidated and ;ointly tried by the court. >lection contests sought the nullification of the election of Aeneses allegedly due to 'assive fraud, irregularities and other illegal electoral practices during the registration and voting as (ell as during the counting of votes. Because of irregularities !'assive fraud, illegal electoral practices and serious ano'alies) ballots, election returns and tally sheets disappeared under 'ysterious circu'stances and filled up ballots (ith undetached lo(er stubs and groups of ballot (ith stubs cut out (ith scissors (ere found inside ballot bo6es# found after hearing the protests, the trial court (as constrained to e6a'ine the contested ballots and the hand(ritings appearing thereon and ca'e up (ith the declaration that =un,alan (as the (inner in the elections various notices of appeal, 'otions for e6ecution, petitions for certiorari, prohibition (ith prayer for issuance of te'porary restraining order andSor preli'inary in;unction. Co'elec pro'ulgated a resolution affir'ing the procla'ation of Aeneses HELD: .n the first issueT 4hile $A 11%% !An Act =roviding for Synchroni,ed National and Bocal >lections and "or >lectoral $efor's# re-uires the B>9 chair'an to affi6 his signature at the bac* of the ballot, the 'ere failure to do so does not invalidate the sa'e although it 'ay constitute an election offense i'putable to said B>9. "ailure of the B>9 chair'an or any of the 'e'bers of the board to co'ply (ith their 'andated ad'inistrative responsibility should not penali,e the voter (ith disenfranchise'ent .A ballot (ithout B>9 chair'anGs signature at the bac* is valid and not spurious ."or as long as the ballot bears any one of the follo(ing authenticating 'ar*s, it is considered valid3 o 7he Co'elec (ater'ar* o Signature or initials or thu'bprint of the Chair'an of the B>9 o 4here the (ater'ar*s are blurred or not readily apparent to the na*ed eye, the presence of red or blue fibers in the ballots >very ballot shall be presu'ed to be valid unless there is a clear and good reason to ;ustify its re;ection. .n the second issueT 7he appreciation of the contested ballots and election docu'ents involves a -uestion of fact best left to the deter'ination of the Co'elec . 7he Co'elec need not conduct an adversarial proceeding or a hearing to deter'ine the authenticity of ballots or the hand(riting found thereon) neither does it need to solicit the help of the hand(riting e6perts in e6a'ining or co'paring the hand(riting) even evidence aliunde is not necessary to enable the Co''ission to deter'ine the authenticity of the ballots and the genuineness of the hand(riting on the ballots as an e6a'ination of the ballots the'selves is already sufficient Ainor and insignificant variations in hand(riting 'ust be perceived as indicia of genuineness rather than of falcity. Carelessness, spontaneity, unpre'editation and speed in

signing are evidence of genuineness. DOC3RI#E: 7he la(s and statues governing election contests especially appreciation of ballots 'ust be liberally construed to the end that the (ill of the electorate in the choice of public officials 'ay not be defeated by technical infir'ities. An election protests is i'bued (ith public interest so 'uch so that the need to dispel uncertainties (hich becloud the real choice of the people is i'perative.

VIII. ,ATC-ERS *Sec. 2., RA !'.., a a/ended 01 RA "$."

Section )*. .fficial 4atchers. 0 >very registered political party or coalition of political parties, and every candidate shall each be entitled to one (atcher in every polling place and canvassing center3 =rovided, 7hat, candidates for the Sangguniang =anlala(igan, Sangguniang =anlungsod, or Sangguniang Bayan belonging to the sa'e slate or tic*et shall collectively be entitled to only one (atcher. 7here shall also be recogni,ed si6 !%# principal (atchers, representing the si6 !%# accredited 'a;or political parties, (ho shall be designated by the Co''ission upon no'ination of the said parties. 7hese political parties shall be deter'ined by the Co''ission upon notice and hearing on the basis of the follo(ing circu'stances3 !a# 7he established record of the said parties, coalition of groups that no( co'posed the', ta*ing into account, a'ong other things, their sho(ing in past elections) !b# 7he nu'ber of incu'bent elective officials belonging to the' ninety !<L# days before the date of election) !c# 7heir identifiable political organi,ations and strengths as evidenced by their organi,edSchapters) !d# 7he ability to fill a co'plete slate of candidates fro' the 'unicipal level to the position of =resident) and !e# .ther analogous circu'stances that 'ay deter'ine their relative organi,ations and strengths.

A.

Dualifications (Section 16 and 1*, COMELEC Reso !tion "o. 8739, #ece$%e& 29, 2''9) ARTICLE II 4ATCHERS

Section 1$. O--icia 5atc1e&s o- candidates, /o itica /a&ties and ot1e& 2&o!/s- 0 ?ach candidate and registered political party or coalition of political parties duly registered with the Commission and fielding candidates in the election, as well as duly accredited citi#ens5 arms may appoint two watchers, to serve alternately, in every polling place- &owever, candidates for 6enator, can didatyes for (ember, 6angguniang *anlalawigan or 6angguniang *anlungsod, or 6angguniang =ayan, belonging to the same ticket or state, shall collectively be entitled to one watcherElection law 18

,uly accredited citi#ens arms of the Commission shall be entitled to appoint a watcher in every polling place- @ther civil, professional, business, service, youth, and any other similar organi#ations, with prior authority of the Commission , shall be entitled collectively to appoint one watcher in every polling place/f, because of limited space, all watchers cannot be accommodated in the polling place, preference shall be given to the watchers of the dominant ma2ority and dominant minority parties as determined by the Commission and the watcher of the citi#ens5 arm, with the latter being given preferential position closest to the =?/- /n case there are two or more citi#en5s arm preference shall be given to the one authori#ed by the Commission to conduct an unofficial countSection 1%. 0!a i-ication o- 5atc1e&s. 0 No person shall be appointed watcher unless he: a) /s a registered voter of the city or municipality comprising the precinct where he is assigned b) /s a good reputation c) &as not been convicted by final 2udgment of any election offense or of any other crime d) Enows how to read and write *ilipino, ?nglish or of the prevailing local dialect and e) /s not related within the fourth civil degree of consanguinity or affinity to the chairman or to any other member of the =?/ in the polling place where he seeks appoinment as watcherA=C-

d) "ile a protest against any irregularity or violation of law which they believe may have been committed by the =?/ or by any of its members or by any person e) @btain from the =?/ a certificate as to the filing of such protest and the /e6o,*tion thereof and <atchers shall not speak to any member of the =?/, or to any voter or among themselves, in such a member as would disturb the proceedings of the =?/The watchers representing the dominant ma2ority and dominant minority parties fileding candidates and the watcher of the citi#en5s arm shall, if available, affi. their sigantures and thumbmarks in the election returns-

CASE:
Biberal =arty vs. C.A>B>C
#ase) Liberal arty vs. #*+ELE# ,4R 6o. 0</=/, (eb. ., =19;2

IX. O))ICIAL BALLOT, COUNTING O) VOTES AND ELECTION RETURNS

*recinct Count @ptical 6can (*C@6) (achine (:ead *age !)!, ?lection (emaid) 1alid 1otes and 8ull 1otes X. CANVASS AND PROCLAMATION A==oard of Canvassers (:ead *age !)%, ?lection (emaid) Canvassing by *rovincial, City ,istrict and (unicipal =oard ,uty of the =@C /llegal Composition or *roceedings of the =oard of Canvassers[R! e ), COMELEC Reso !tion "o. 88'), Ma&c1 22, 2'1' ]

B.

:ights and duties of watchers (Section 17, COMELEC Reso !tion "o. 8739, #ece$%e& 29, 2''9)

C-

D.

Section 17. Ri21ts and d!ties o- 5atc1e&s. 0 Hpon entering the polling place, the watchers shall deliver to the chairman their appoinments as watchers, and their names shall forthwith be recorded in the (inutes with a notation under their signatures that they are not dis4ualified to serve as such under the immediately preceding 6ection- The appointments of the watchers shall bear the signature of the candidate or duly authori#ed representative of the party, organi#ation or coalition that appointed them- "or this purpose, at least fifteen (!+) days before election day, independent candidates, registered parties organi#ations, or coalitions authori#ed by the Commission to appoint watchers shall provide the ?lection @fficers concerned with the names and signatures of their representatives authori#ed to appoint watchers in the city or municipalityThe watchers shall have the right to: a) <itness and inform themselves of the proceedings of the =?/ b) Take note of what they may see or hear c) Take photographs of the proceedings and incidents, if any, during the voting, counting of votes, as well as of the generated election returns and of the ballot bo.es

IN RE7 COMELEC RULES OF PROCEDURE ON DISPUTES IN AN AUTOMATED ELECTION S1STEM IN CONNECTION 4ITH THE MA1 1 ' ! 1 ELECTIONS RESOLUTION No. 88 # M8/c9 !!' ! 1

R*,e # I,,e:8, Co.)o6ition o/ P/ocee;in:6 o< t9e Bo8/; o< C8n-866e/6 Section 1. Illegal #omposition of the >oard of #anvassers. 0 There is illegal composition of the =@C when, among other similar circumstances, any of the members do not possess legal 4ualifications and appointments- The information technology capable person re4uired to assist the =@C by :epublic Act 8oF';F shall be included as among those whose lack of 4ualifications may be 4uestionedSection !. Illegal roceedings of the >oard of #anvassers. 0 There is illegal proceedings of the =@C when the canvassing is a sham or mere ceremony, the results of which are pre0 determined and manipulated as when any of the following circumstances are present: Election law 19

a) precipitate canvassing b) terrorism c) lack of sufficient notice to the members of the =@C5s d) /mproper venue Section ". 3here and ?ow #ommenced. 0 Duestions affecting the composition or proceedings of the =@C may be initiated in the =@C or directly with the Commission, with a verified petition, clearly stating the specific ground$s for the illegality of the composition and$or proceedings of the boardSection #. 3hen to (ile etition. 0 The petition 4uestioning the illegality, or the composition and$or proceedings of the =@C shall be filed immediately when the =@C begins to act as such is ob2ected to, if it comes after the canvassing of the =oard, or immediately when the proceedings become illegala) /n case the petition is filed before the =@C: a-!) Hpon receipt of the verified petition, the =@C shall immediately announce the fact of the filing of said petition and the ground$s raised thereina-%) The =@C shall immediately deliberate on the petition, and within a period of twenty0 four (%)) hours, make a prompt resolution thereon, which resolution shall be reduced into writinga-') 6hould petition, it Commission Commission thereonthe =@C decide in favor of the shall immediately inform the of its resolution- Thereafter, the shall make the appropriate action

petition at the e.pense of the petitionera-7) Hpon receipt of the records herein referred to, the petition shall be docketed by the Clerk of Commission and submitted to the C@(?3?C en banc for consideration and decisiona-F) <ithin five (+) days therefrom the C@(?3?C en banc shall render its decision on the appealb) /f filed directly with the Commission, the petition shall be heard by the C@(?3?C en banc under the following procedures- Hpon receipt of the petition by the C@(?3?C, the Clerk of the Commission shall docket the same and forthwith send summons to the =@C concerned with an order directing it to submit, through the fastest verifiable means available, its answer within forty0eight ()7) hoursThe C@(?3?C en banc shall resolve the petition within five (+) days from the filing of the answer, or upon the e.piration of the period to file the sameSection %. Illegal roceedings Discovered after roclamation. 0 /f the illegality of the proceedings of the =@C is discovered after the official proclamation of the supposed results, a verified petition to annual the proclamation may be filed before C@(?3?C within ten (!>) days after the day of proclamationHpon receipt of the verified petition, the Clerk of the Commission shall have the same docketed and forthwith issue summons to the parties to be affected by the petition, with a directive for the latter to file their answer within five (+) days from receipt- Thereafter the case shall be deemed submitted for resolution, which shall not be later seven (A) days from receipt of the answer-

?-

*roclamation

a-)) /n no case shall the receipt by the =@C of the electronically transmitted precinct, municipal, city, or provincial results, be suspended by the filing of said petitiona-+) The petitioner may appeal an adverse resolution by the =@C to the C@(?3?C, by notifying the =@C of his or her intent to appeal, through a verbal, and a written and verified 8otice of Appeal- The notice on the =@C shall not suspend the formal proclamation of the official results of the election, until the final resolution of the appeala-;) <ithin forty0eight ()7) hours from such notice to the =@C, the petitioner shall submit before the =oard a (emorandum on Appeal stating the reasons why he resolution being 4uestioned is erroneous and should be reverseda-A) Hpon receipt by the =@C of the petitioner5s memorandum on appeal, the =oard shall forward the entire records of the

XI. PRE#PROCLAMATION CONTROVERS2

A.

,efinition [R! e 3, Section 1, COMELEC Reso !tion "o. 88'), Ma&c1 22, 2'1'( Section 2)1, ,3 881 ] R*,e " Co-e/8:e o< P/e=P/oc,8.8tion Cont/o-e/6ie6

Section 1. re- roclamation #ontroversy. 0 A pre0proclamation controversy refers to the proceedings of the board of canvassers which may be raised by any candidates or by any registered political party or coalition of political parties, or by any accredited and participating party list group, before the board or directly with the Commission- /t covers only two issues: a- /llegal composition of the =oard of Canvassers (=@C) b- /llegal proceedings of the =@CThe basis of the canvass shall be electronically transmitted results-

ARTICLE XX Election law 20

PRE=PROCLAMATION CONTRO0ERSIES Section !#1. Definition. - A pre0proclamation controversy refers to any 4uestion pertaining to or affecting the proceedings of the board of canvassers which may be raised by any candidate or by any registered political party or coalition of political parties before the board or directly with the Commission, or any matter raised under 6ections %'', %'), %'+ and %'; in relation to the preparation, transmission, receipt, custody and appreciation of the election returns,. ?.clusive Curisdiction of all *re0*roclamation Controversy: C@(?3?C [R! e 3, Section 2, COMELEC Reso !tion "o. 88'), Ma&c1 22, 2'1'( Section 2)1, ,3 881 ]

Section !. 5urisdiction of the #ommission in re- roclamation #ontroversies. 0 C@(?3?C has e.clusive 2urisdiction in pre0 proclamation controversies arising from national, regional pr local electionsA pre0proclamation controversy may be raised by any candidate or by any registered political party, organi#ation, or coalition of political parties before the =@C, or directly with the Commission/ssues affecting the composition or proceedings of the =oards may be initiated by filing a verified petition before the =oard or directly with the Commission/f the petition is filed directly with the =oard, its decision may be appealed to the Commission within three (') days from issuance thereof- &owever, if commenced directly with the Commission, the verified petition shall be filed immediately when the board begins to act illegally, or at the time of the appointment of the member of the board whose capacity to sit as such is ob2ected toSection !#1. Definition. - A pre0proclamation controversy refers to any 4uestion pertaining to or affecting the proceedings of the board of canvassers which may be raised by any candidate or by any registered political party or coalition of political parties before the board or directly with the Commission, or any matter raised under 6ections %'', %'), %'+ and %'; in relation to the preparation, transmission, receipt, custody and appreciation of the election returns-

the crediting of all IChave,I votes in favor of petitioner as (ell as the cancellation of Aelchor Chave,G na'e in the list of -ualified candidates. According to petitioner, the Co'elec failed to perfor' its 'andatory function under Sec. 1, $A 11%% (hich states that if a candidate has been dis-ualified, it shall be the duty of the Co''ission to instruct (ithout delay the deletion of the na'e of said candidate. 7hus, the na'e of Aelchor Chave, re'ained undeleted in the list of -ualified candidates on election day. Confusion arose, allegedly nation(ide, as the IChave,I votes (ere either declared stray or invalidated by the Boards of >lection 9nspectors !B>9s#. .n Aay 11, 1<< , Co''issioner $a'a of respondent Co'elec issued a directive over radio and 7? ordering all IChave,I votes to be credited in favor of petitioner. =etitioner contends that the radio and 7? announce'ents did not reach the B>9 at the 11L,&M2 precincts nation(ide. As a result, IChave,I votes (ere not credited in favor of petitioner. .n Aay 1 , 1<< , Co'elec issued another $esolution directing all 'unicipal and city election registrars throughout the country to e6a'ine the 'inutes of voting sub'itted by the B>9s and to credit all the IChave,I votes, (hich have been declared stray or invalidated by the B>9s, in favor of petitioner. =etitioner 'aintains that the said resolution proved futile because it did not reach all the various B>9s of the 11L,&M2 election precincts throughout the country on ti'e for i'ple'entation and that the 'inutes of voting did not indicate the nu'ber of IChave,I votes (hich (ere declared stray or invalidated. .n Aay 12, 1<< , petitioner sent a letter to the Co'elec re-uesting the latter to devise (ays and 'eans in crediting IChave,I votes in his favor but the respondent Co''ission failed to act on said letterSco'plaint. .n Aay &, 1<< , petitioner filed an urgent petition before the respondent Co'elec praying the latter to !1# i'ple'ent its Aay 1 , 1<< resolution (ith costs de officio) ! # to re0open the ballot bo6es in 1& provinces including the National Capital $egion involving so'e :L,&2: precincts !p. < of petition# and to scan for the IChave,I votes for purposes of crediting the sa'e in his favor) !&# 'a*e the appropriate entries in the election returnsScertificates of canvass) and !2# to suspend the procla'ation of the 2 (inning candidates. Issue: 4hether petitioner8s case should be resolved first before C.A>B>C could proclai' the 2th (inning senatorial candidate Held: No. 7he alleged inaction of respondent Co'elec in ordering the deletion of Aelchor Chave,Gs na'e in the list of -ualified candidates does not call for the e6ercise of the CourtGs function of ;udicial revie(. 7his Court can revie( the decisions or orders of the Co'elec only in cases of grave abuse of discretion co''itted by it in the discharge of its -uasi0;udicial po(ers and not those arising fro' the e6ercise of its ad'inistrative functions. $espondent Co''issionGs alleged failure to i'ple'ent its o(n resolution is undoubtedly ad'inistrative in nature, hence, beyond ;udicial interference 4hile the Co''ission has e6clusive ;urisdiction over pre0procla'ation controversies involving local elective officials !Sec. 2 , .'nibus >lection Code#, nevertheless, pre0 procla'ation cases are not allo(ed in elections for =resident, ?ice0=resident, Senator and Ae'ber of the House of $epresentatives. 9t is clear fro' Sec 1M of $epublic Act 11%% that Ipre0 procla'ation cases !are# not allo(ed in elections for =resident,
Election law 21

#ases)

#have& v. #*+ELE#

,-== $#R' <=/2

!orres v. #*+ELE# ,-0: $#R' /9<2 Ramire& v. #*+ELE# Dipatuan v. #*+ELE# ,-0: $#R' /1:2 ,=9/ $#R' 9;2

CASES:
FRA#CISCO I. CHAVE: $s.COMMISSIO# O# ELEC3IO#S Facts: .n Aay M, 1<< , this Court issued a $esolution in @.$. No. 1L21L2, entitled I"rancisco Chave, v. Co'elec, et al.,I dis-ualifying Aelchor Chave,, private respondent therein, fro' running for the .ffice of Senator in the Aay 11, 1<< elections. Said resolution (as received by respondent Co'elec on Aay %, 1<< . .n Aay :, 1<< , the Co'elec issued $es. No. < 01& (hich resolved to delete the na'e of Aelchor Chave, fro' the list of -ualified candidates. Ho(ever, it failed to order

?ice0=resident, Senator and Ae'ber of the House of $epresentatives.GG 4hat is allo(ed is the correction of I'anifest errors in the certificate of canvass or election returns.I 7o be 'anifest, the errors 'ust appear on the face of the certificates of canvass or election returns sought to be corrected andSor ob;ections thereto 'ust have been 'ade before the board of canvassers and specifically noted in the 'inutes of their respective proceedings. 9t is -uite obvious that petitionerGs prayer does not call for the correction of I'anifest errors in the certificates of canvass or election returnsI before the Co'elec but for the re0opening of the ballot bo6es and appreciation of the ballots contained therein. 9ndeed, petitioner has not even pointed to any I'anifest errorI in the certificates of canvass or election returns he desires to be rectified. 7here being none, petitionerGs proper recourse is to file a regular election protest (hich, under the Constitution and the .'nibus >lection Code, e6clusively pertains to the Senate >lectoral 7ribunal. 9n the case at bar, petitionerGs allegation that IChave,I votes (ere either invalidated or declared stray has no relation to the correctness or authenticity of the election returns canvassed. .ther(ise stated, petitioner has not de'onstrated any 'anifest error in the certificates of canvass or election returns before the Co'elec (hich (ould (arrant their correction. As the authenticity of the certificates of canvass or election returns are not -uestioned, they 'ust be pri'a facie considered valid for purposes of canvassing the sa'e and procla'ation of the (inning candidates. 3ORRES $s. COMMISSIO# O# ELEC3IO#S Facts: .n < Aay 1<<M the Aunicipal Board of Canvassers of 7an,a, Cavite, issued a Certificate of Canvass of ?otes and =rocla'ation of the 4inning Candidates for Aunicipal .ffices. 7(o ! # days after or on 11 Aay 1<<M the sa'e Aunicipal Board of Canvassers re-uested the C.A>B>C for correction of the nu'ber of votes garnered by petitioner (ho (as earlier proclai'ed as the fifth (inning candidate for councilor. 7he Board had erroneously counted the votes belonging to another in the na'e of 7orres. So if correction (ould be 'ade and the original counting be corrected, =eralta (ould place : 7H ahead of 7orres (ho (ill then placed at 1Lth spot. 5pon prior authori,ation, the Aunicipal Board of Canvassers issued a corrected Certificate of Canvass of ?otes and =rocla'ation of the 4inning Candidates (hich included private respondent ?icente $afael A. de =eralta as the eighth (inning councilor and e6cluded petitioner fro' the ne( list of (inning candidates. Issue: 4hether or not the C.A>B>C has the po(er to grant such authority. Held: 9n Dure'des v. C.A>B>C, this Court sustained the po(er of the C.A>B>C >n Banc to order a correction of the State'ent of ?otes to 'a*e it confor' to the election returns in accordance (ith a procedure si'ilar to the procedure no( e'bodied in Sec. 1, $ule 1, of the C.A>B>C $ules of =rocedure. Since the State'ent of ?otes for's the basis of the Certificate of Canvass and of the procla'ation, any error in the state'ent ulti'ately affects the validity of the procla'ation. 7he State'ent of ?otes is 'erely a tabulation per precinct of the votes obtained by the candidates as reflected in the election returns. 4hat is involved in the instant case is si'ple arith'etic. 9n 'a*ing the correction in the co'putation the Aunicipal Board of Canvassers acted in an ad'inistrative capacity under the control and supervision of the C.A>B>C. =ursuant to its

constitutional function to decide -uestions affecting elections, the C.A>B>C >n Banc has authority to resolve any -uestion pertaining to the proceedings of the Aunicipal Board of Canvassers. 9OSE C. RAMIRE: $s. COMMISSIO# O# ELEC3IO#S1 M4#ICIPAL BOARD OF CA#VASSERS OF 5IPORLOS1 EAS3ER# SAMAR and ALFREDO I. 5O FAC3S: =etitioner Jose C. $a'ire, and private respondent Alfredo 9. @o (ere candidates for vice 'ayor of @iporlos, >astern Sa'ar. =etitioner (as proclai'ed (inner by the Aunicipal Board of Canvassers !ABC# on the basis of results sho(ing that he obtained 1,&%1 votes against private respondent8s 1, &M votes. .n Aay 1%, 1<<M, private respondent filed in the C.A>B>C a petition for the correction of (hat he clai'ed (as 'anifest error in the State'ent of ?otes. He alleged that, based on the entries in the State'ent of ?otes, he obtained 1,M1M votes as against petitioner8s 1,&%1 votes but that because of error in addition, he (as credited (ith 1, &M votes. 7he C.A>B>C en banc issued its first -uestioned resolution, directing the ABC to reconvene and reco'pute the votes in the State'ent of ?otes and proclai' the (inning candidate for vice 'ayor. 7he C.A>B>C en banc issued its second -uestioned resolution, reiterating its earlier ruling. 9t re;ected the ABC8s reco''endation to resort to election returns. =etitioner contends that !1# the C.A>B>C acted (ithout ;urisdiction because the case (as resolved by it (ithout having been first acted upon by any of its divisions, and ! # the ABC had already 'ade 'otu proprio a correction of 'anifest errors in the State'ent of ?otes in its certification, sho(ing the actual nu'ber of votes garnered by the candidates and it (as a grave abuse of its discretion for the C.A>B>C to order a reco'putation of votes based on the allegedly uncorrected State'ent of ?otes. Issue?&@: 4hether or not Co'elec acted (ithout ;urisdiction (hen it resolved the case (ithout having been first acted upon by any of its division. Held: No. 7he 1<<& $ules of the Co'elec, $ule 1 Section M e6pressly provides that pre0procla'ation controversies involving 'anifest errors in the tabulation or tallying of the results 'ay be filed directly (ith the Co'elec en banc. 9n cases decided by the Supre'e Court, it approved the assu'ption of ;urisdiction by the Co'elec en banc over petitions for correction of 'anifest error directly filed (ith it. Issue?)@: 4hether or not there (as already a correction of 'anifest errors in the State'ent of ?otes. Held: No. 7he corrections should be 'ade either by inserting corrections in the State'ent of ?otes (hich (as originally prepared and sub'itted by the ABC, or by preparing an entirely ne( State'ent of ?otes incorporating therein the corrections. 7he certification issued by the ABC is thus not the proper (ay to correct 'anifest errors in the State'ent of ?otes. Aore i'portantly, the corrections should be based on the election returns but here the corrections appear to have been 'ade by the ABC on the bases of the Certificates of ?otes issued. Issue?A@: 4hether or not the order of Co'elec directing the ABC to reconvene and reco'pute the votes in the State'ent of ?otes is proper. Held: No. 4hat the Co'elec should have ordered the ABC to do (as not 'erely to reco'pute the nu'ber of votes for the parties, but to revise the State'ent of ?otes, using the election returns for this purpose. 7he C.A>B>C has a'ple po(er to see to it
Election law 22

that the elections are held in clean and orderly 'anner and it 'ay decide all -uestions affecting the elections and has original ;urisdiction on all 'atters relating to election returns, including the verification of the nu'ber of votes received by opposing candidates in the election returns as co'pared to the state'ent of votes in order to insure that the true (ill of the people is *no(n. DIMA#5ADAP DIPA34A# vs. 3HE COMMISSIO# O# ELEC3IO#S1 ALEEM HOSAI# AMA#ODDI#1 ALEEM ABBAS MOHAMMAD HABIB1 HAD9I SALIC IMAM1 IBRA P. BALI1 MAME#3AL #A5A1 CADAR 5. 4SMA#1 MA5A4#DAR AMEROL1 ALI MA#5A#DA1 HOSARI ALOYOD1 Y4#OS MALI7 Facts: =etitioner Dipatuan and private respondent Alee' Hosain A'anoddin (ere candidates for Aayor of Bacolod @rande in the 1 "ebruary 1<:: special local elections in Banao del Sur. .n 1 "ebruary 1<::, the Aunicipal Board of Canvassers of Bacolod @rande, chaired by Sa'uel Ainalang, finished canvassing the votes but did not proclai' the (inning candidates. 9t did so on < "ebruary 1<::, (hen private respondent A'anoddin (as proclai'ed (inner and elected Aayor. >arlier, on M "ebruary 1<::, petitioner Dipatuan (as proclai'ed Aayor by a separate Board of Canvassers headed by one Aa'acaog Aanggray, after the said Board had e6cluded the election returns fro' =recincts Nos. 1M, 11 and 1 fro' its canvass. 7he Co'elec >n Banc set aside both !a# the procla'ation 'ade by the Ainalang Board for being pre'ature, the candidates not having been given the opportunity to appeal, and !b# the procla'ation by the Aanggray Board on the ground that the latter Board had not been properly constituted. A Special Board of Canvassers !ISpecial BoardI# (as therefore convened in Aanila by the Co'elec to recanvass the election returns fro' Bacolod @rande, Banao del Sur. .n 1 June 1<::, during the recanvass, petitioner ob;ected to the inclusion of the election returns fro' =recincts Nos. 1M and 11, contending that the returns fro' the t(o ! # precincts (ere spurious and 'anufacturedI. 9n this connection, petitioner seasonable converted his oral ob;ection into (ritten for' and sub'itted certified copies of the voting records and voterGs affidavits and affidavits of (itnesses. 7he petitioner clai'ed that the -uestioned returns (ere Iobviously 'anufacturedI (ithin the eaning of Section 2& !c# of the .'nibus >lection Code and that therefore a pre0procla'ation controversy e6isted (hich 'ust be resolved before procla'ation of the (inning candidates =etitioner contended the follo(ing irregularities had attended at the Bacolod @rande local elections3 1. 9n =recinct No. 1M. of the 2: persons (ho actually voted, 1:1 arrived in the precinct and voted, according to the voting list, precisely in alphabetical and chronological order) of the 1:1 voters (ho voted in alphabetical and chronological order, :11 (ere illiterates as reflected in their respective voterGs affidavits,. but had suddenly learned ho( to (rite their na'es in the voting list) 'any persons (hose faces (ere covered by veils (ere allo(ed to vote (ithout their identities being verified. . 9n =recinct No. 11, <& voters are listed as having voted in alphabetical and chronological order, i.e., in the precise se-uence of their listing in the voting records3 2M illiterate voters suddenly learned to (rite their na'es in the

voting records) 'any persons (ith their faces covered (ere allo(ed to vote (ithout confir'ation of their identities. &. 9n both =recincts Nos. 1M and 11, there (ere discrepancies bet(een the signatures of voters appearing in the voterGs affidavits and the signatures appearing in the voting record) and 'e'bers of the Boards of >lection 9nspectors falsified the voting records by 'a*ing it appear that 'any or 'ost of the registered voters had voted (hen in fact they had not. 7he Special Board denied petitionerGs ob;ections and ordered the inclusion of the -uestioned returns fro' =recincts Nos. 1M and 11 in the canvass. .n appeal, the Co'elec Second Division sustained the Special BoardGs action, dis'issed petitionerGs appeal and ordered the Special trial Board to proclai' the (inning candidates. .n Dece'ber 1<::, the Co'elec >n Banc affir'ed the decision of the Co'elec Second Division Band denied petitionerGs Aotion for $econsideration. Hence the instant =etition for Certiorari, filed on & Dece'ber 1<::, (ith prayer for a (rit of preli'inary in;unction or te'porary restraining order to en;oin procla'ation of private respondent A'anoddin as elected Aayor of Bacolod @rande. Issue: (hether or not the -uestioned returns fro' =recincts Nos. 1M and 11 in the Aunicipality of Bacolod @rande, =rovince of Banao del Sur, (ere Iobviously 'anufacturedI such that the propriety or legality of their inclusion in the canvass by the Special Board presented a pre0procla'ation controversy to be resolved before procla'ation of this (inning candidates. Rulin%: Section 2& of the .'nibus >lection Code provides, in relevant part3 Sec. 2&. 9ssues that 'ay be raised in pre0 procla'ation controversy. H 7he follo(ing shall be the proper issues that 'ay be raised in a pre0procla'ation controversy3 666 666 666 !c# 7he election returns (ere prepared under duress, threats, coercion, or inti'idation, or they are o!$iousl. anu(actu"ed o" not aut,enticB and . . . !>'phasis supplied# 9n principle, the issues raised by petitioner do constitute issues properly raised in pre0procla'ation controversies. 7hat the assailed returns (ere Iobviously 'anufacturedI 'ust, ho(ever, be evident fro' the face of the election returns the'selves. 9n the case at bar, petitioner does not clai' that the election returns fro' =recincts Nos. 1M and 11 had not been 'ade or issued by the Board of >lection 9nspectors or that they had been 'anufactured by so'e un*no(n third party or parties) petitioner does not, in other (ords, clai' that the returns the'selves (ere not authentic. 4hat petitioner in effect contends is that (here election returns, though genuine or authentic in character, are reflective of fraudulent acts done before or carried out by the Board of >lection 9nspectors, the returns should be dee'ed as Iobviously 'anufactured.I =etitionerGs contention does not persuade. 9n the case at bar, the Co'elec Second Division held that the apparent alphabetical and chronological se-uence in the voting (as not necessarily proof of fraud that (ould ;ustify the e6clusion of the assailed returns. =etitionerGs co'plaints about supposed irregularities involving illiterate voters appear to assu'e that it is i'proper or unla(ful for a third person H e.g., the assistor (ho had helped the illiterate to cast his vote &8 H (rite the na'e of the assisted illiterate in the voting record. As the Co'elec pointed out,
Election law 23

ho(ever, the proper procedure for indicating that illiterate voters have cast their votes has not been specifically set out in the .'nibus >lection Code. 4e 'ust conclude that petitioner has not sho(n any grave abuse of discretion or any act (ithout or in e6cess of ;urisdiction on part of the Co'elec in rendering the decisions dated : Nove'ber 1<:: and Dece'ber 1<::. 4H>$>".$>, this =etition for certiorari is hereby D9SA9SS>D.

case shall be decided en banc: *rovided, that no doctrine or principle of law laid down by the court in a decision rendered en banc or in division may be modified or reversed e.cept by the court sitting en banc-

C.

/ssues that may be raised in *re0*roclamation Controversy [R! e 3, Section 1, COMELEC Reso !tion "o. 88'), Ma&c1 22, 2'1']

a. b.

Illegal composition of the >oard of #anvassers ,>*#2@ Illegal proceedings of the >*#.

Section #. The *resident and the 1ice0*resident shall be elected by direct vote of the people for a term of si. years which shall begin at noon on the thirtieth day of Cune ne.t following the day of the election and shall end at noon of the same date, si. years thereafter- The *resident shall not be eligible for any re0election- 8o person who has succeeded as *resident and has served as such for more than four years shall be 4ualified for election to the same office at any time8o 1ice0*resident shall serve for more than two successive terms- 1oluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of the service for the full term for which he was electedHnless otherwise provided by law, the regular election for *resident and 1ice0*resident shall be held on the second (onday of (ayThe returns of every election for *resident and 1ice0*resident, duly certified by the board of canvassers of each province or city, shall be transmitted to the Congress, directed to the *resident of the 6enate- Hpon receipt of the certificates of canvass, the *resident of the 6enate shall, not later than thirty days after the day of the election, open all the certificates in the presence of the 6enate and the &ouse of :epresentatives in 2oint public session, and the Congress, upon determination of the authenticity and due e.ecution thereof in the manner provided by law, canvass the votesThe person having the highest number of votes shall be proclaimed elected, but in case two or more shall have an e4ual and highest number of votes, one of them shall forthwith be chosen by the vote of a ma2ority of all the (embers of both &ouses of the Congress, voting separatelyThe Congress shall promulgate its rules for the canvassing of the certificates!he $upreme #ourt, sitting en banc, shall be the sole Audge of all contests relating to the election, returns, and qualifications of the resident or 7ice- resident, and may promulgate its rules for the purpose.

Section 1. re- roclamation #ontroversy. 0 A pre0proclamation controversy refers to the proceedings of the board of canvassers which may be raised by any candidates or by any registered political party or coalition of political parties, or by any accredited and participating party list group, before the board or directly with the Commission- /t covers only two issues: a- /llegal composition of the =oard of Canvassers (=@C) b- /llegal proceedings of the =@CThe basis of the canvass shall be electronically transmitted results-

XII. ELECTION CONTESTS

A=!,efinition and 8ature of ?lection Contest Curisdiction Time to file ?lectoral *rotest *residential ?lectoral Tribunal (A&tic e 7..., Section ) in &e . Section ) (/a&. 7), A&tic e 7.., 1987 Constit!tion) Section #. The 6upreme Court shall be composed of a Chief Custice and fourteen Associate Custices- /t may sit en banc or in its discretion, in division of three, five, or seven (embers- Any vacancy shall be filled within ninety days from the occurrence thereofAll cases involving the constitutionality of a treaty, international or e.ecutive agreement, or law, which shall be heard by the 6upreme Court en banc, and all other cases which under the :ules of Court are re4uired to be heard en banc, including those involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations, shall be decided with the concurrence of a ma2ority of the (embers who actually took part in the deliberations on the issues in the case and voted thereonCases or matters heard by a division shall be decided or resolved with the concurrence of a ma2ority of the (embers who actually took part in the deliberations on the issues in the case and voted thereon, and in no case without the concurrence of at least three of such (embers<hen the re4uired number is not obtained, the %-

6enate$&: ?lectoral Tribunal (A&tic e 7., Section 17, 1987 Constit!tion) Section 17. The 6enate and the &ouse of :epresentatives shall each have an ?lectoral Tribunal which shall be the sole 2udge of all contests relating to the election, returns, and 4ualifications of their respective (embers- ?ach ?lectoral Tribunal shall be composed of nine Election law 24

(embers, three of whom shall be Custices of the 6upreme Court to be designated by the Chief Custice, and the remaining si. shall be (embers of the 6enate or the &ouse of :epresentatives, as the case may be, who shall be chosen on the basis of proportional representation from the political parties and the parties or organi#ations registered under the party0list system represented therein- The senior Custice in the ?lectoral Tribunal shall be its Chairman'C@(?3?C Curisdiction, ?lection *rotest [3a&t ..., COMELEC Reso !tion "o. 88'), Ma&c1 22, 2'1' ] PART III ELECTION PROTEST R*,e % E,ection P/ote6t Section 1. 5urisdiction of the #ommission on Elections. 0 The Commission on ?lections, through any of its ,ivisions, shall have e.clusive original 2urisdiction over all election protests involving elective regional (the autonomous regions), provincial, and city officialsSection !. Election protest. 0 A petition contesting the elections or returns of an elective regional, provincial, or city official shall be filed with the Commission by any candidate who was voted for in the same office and who received the second of third highest number of votes or, in a multi0slot position, was among the ne.t four candidates following the last ranked winner duly proclaimed, as reflected in the official results of the election contained in the 6tatement of 1otesThe party filing the protest shall be designated as the protestant the adverse party shall be known as the protesteeSection ". ?ow Initiated. 0 An election protest or petition for 4uo warranto shall be filed directly with the Commission in ten (!>) legible copies plus such number of copies corresponding to the number of protestees, within a non0e.tendible period of ten days following the date of proclamation?ach contest shall refer e.clusively to one office but contents for offices of the 6angguniang *ampook, 6angguniang *anlalawigan or 6angguniang *anglungsod may be consolidated in one caseSection #. +odes of service and filing. 0 6ervice and filing of pleadings, including the initiatory petition and other papers, shall be done personally- ?.cept with respect to papers emanating from the Commission, a resort to other modes of service must be accompanied by a written e.planation why the service or filing was not done personally- A violation of this :ule shall be a cause to consider the pleading or paper as not filedSection $. etition must be verified and accompanied by a certificate of non-forum shopping. 0 An election protest shall be verified

by an affidavit stating that the affiant has read the petition and that the allegations therein are true and correct of affiant5s own knowledge or based on authentic records- A verification based on Binformation and beliefB or upon the B"nowledge, information and beliefB is not a sufficient verificationThe protestant shall personally sign the certificate of non0forum shopping which must be anne.ed to the election protest- An unverified petition or one with insufficient verification or unaccompanied by a certificate of non0forum shopping shall be dismissed outright and shall not suspend the running of the reglementary period to file an election protestSection %. endency of pre-proclamation controversy. 0 The pendency of a pre0 proclamation controversy involving the validity of the proclamation as defined by law shall suspend the running of the period to file an election protestSection 7. #ontests of the protest or petition. 0 An election protest or petition for 4uo warranto shall specifically state the following facts: a) The position involved b) That the protestant was a candidate who has duly filed a certificate of candidacy and has been voted for the same officec) The date of proclamation and d) The number of votes credited to the parties per proclamationAn election protest shall also state: e) The total number of precincts of the region, province or city concerned f) The protested precincts and votes of the parties in the protested precincts per the 6tatement of 1otes =y *recinct or, if the votes of the parties are not specified an e.planation why the votes are not specified g) A detailed specification of the acts or omissions complained of showing the electoral frauds, anomalies or irregularities in the protested precinctsSection 8. Doc"eting and Raffle of rotest. 0 The ,irector of the ?lection Contest and Ad2udication ,epartment (?CA,) shall immediately docket the *rotest and raffle the case to either the "irst or 6econd ,ivision of the CommissionElection law 25

Section 9. $ummary dismissal of election contest. 0 The Commission shall summarily dismiss, motu proprio, an election protest and counter0protest on the following grounds: a) The Commission has no 2urisdiction over the sub2ect matter b) The protest is insufficient in form and content as re4uired in 6ection A hereof c) The petition is filed beyond the period prescribed in these rules d) The filing fee is not paid within the period for the filing the election protest or petition for 4uo warranto and e) /n case of protest where a cash deposit is re4uired, the cash deposit is not paid within fifteen (!+) days from the filing of the protestR*,e 7 S*..on6 Section 1. $ummons. 0 <ithin three (') days from the filing of the protests, the Clerk of the Commission or the ,ivision concerned shall issue the corresponding summons to the protestee or respondent, together with a copy of the protest, re4uiring the filing of an answer within a non0 e.tendible period of five days from noticeSection !. $ervice of summons. 0 The summons shall be served immediately upon its issuance by handling a copy to the protestee or respondent in person or, in case of refusal of the protestee or respondent to receive and sign for it, by tendering the same- /f, for 2ustifiable causes, the protestee or respondent cannot be served in person as provided above, service may be effected by leaving copies of the summons at: a) The residence of protestee or respondent, as stated in the certificate of candidacy he filed, with some person of suitable age and discretion residing therein, or b) The office or regular place of business of protestee or respondent with some competent person in charge thereofSection ". >y whom served. 0 The summons shall be served by a bailiff of the Commission or ,ivision or upon re4uest of the Commission or ,ivision, by the 6heriff of any Court in the place where the parties to be served reside or for special reasons, by a person especially authori#ed by the Commission or ,ivisionSection #. Return. 0 <hen the service has been

completed by personal service, the server shall give notice thereof, by registered mail, to the protestant or his counsel and shall return the summons to the Clerk of the Commission who issued it, accompanied with the proof of serviceSection $. roof of $ervice. 0 *roof of service of summons shall be made in the manner provided for in the :evised :ules of Court of the *hilippinesR*,e 8 An6>e/ 8n; Co*nte/=P/ote6t Section 1. 7erified answer@ counter-protest. 0 <ithin five days from receipt of he summons and a copy of the protest the protestee shall file an answer in ten (!>) legible copies, with proof of service of a copy upon the protestant- The answer shall be verified and may set forth admissions and denials, special and affirmative defenses and a compulsory counterclaim- The protestee may incorporate a counter0protest in the answerThe counter0protest shall specify the counter0 protested precincts and any votes of the parties therein per the 6tatement of 1otes, or if not so specified, an e.planation why the votes are not specified, and a detailed specification of the acts or omissions complained of showing the electoral frauds, anomalies or irregularities in the counter0 protested precinctsSection !. 'nswer to counterclaim or counterprotest. 0 The protestant shall answer the counterclaim or counter0protest within a non0 e.tendible period of five days from noticeSection ". 'llegations in the answer. 0 (a) $pecific denial. 0 A protestee must specify each material allegation of fact the truth of which is not admitted and, whenever practicable, shall set forth the substance of the matters relied upon in support of the denial- The protestee shall specify so much of the averments that are true and material and shall deny the remainder(b) 'llegations not specifically denied deemed admitted. 0 (aterial averment in the protest other than the amount of unli4uidated damages and issues as to the recount or appreciation of ballots, shall be deemed admitted when not specifically deniedSection #. Effect of failure to plead. 0 a) Defenses and obAections not pleaded. 0 ,efenses and ob2ections not pleaded are deemed waived- &owever, when it appears from the pleadings or the evidence on record that the Commission has no 2urisdiction over the sub2ect Election law 26

matter, that there is another action pending between the same parties for the same cause, or that the action is barred by a prior 2udgment, or the statute of limitations, the Commission shall dismiss the claimb) #ompulsory counterclaim or crossclaim not set-up barred. 0 A compulsory counterclaim, or a cross0claim not set up shall be barredc) Effect of failure to answer. 0 /n an election protest that does not involve ballot recount, if the protestee fails to file an answer within the time allowed, the Commission shall, upon motion of the protestant with notice to the protestee, and upon proof of such failure, re4uire the protestant to submit evidence e% parte. d) &owever, in the case of election protests involving ballot recount or e.amination, or verification or re0 tabulation of the election returns, the Commission shall order such recount of ballots or re0tabulation of election returns- The Commission shall proceed to render 2udgment based on the results of the recount or re0tabulation of election returns- ,uring the recount or re0tabulation of election returns, only the protestant, or his representative may participate- The protestee or his duly authori#ed representative has the right to be present and observe the proceedings without the right to register his comment on the ballots and election returnsSection $. ?ow to compute time. 0 /n computing any period of time prescribed or allowed by these :ules, or by order of the Commission, or bay any applicable statute, the day of the act or the event from which the designated period of time begins to run is to be e.cluded and the date of performance included- /f the last day of the period, as thus computed, falls on a 6aturday, a 6unday, or legal holiday on the place where the Commission sits, the time shall not run until the ne.t working daySection %. 'mendments@ limitations. 0 After the e.piration of the period for the filing of the election protest or counter0protest, substantial amendments that broaden the scope of the action, or introduce an additional cause or causes of action may be allowed only upon leave of the Commission- 6uch leave may be refused if it appears that the motion was made with intent to delay- Any amendment in matters of form, such as a defect in the designation of the parties and other clearly clerical or typographical errors, may be summarily corrected by the Commission at any stage of the proceedings, at its initiative or on motion, provided no pre2udice is caused thereby to the adverse party-

R*,e 9 Motion6 Section 1. +otions must be in writing. 0 ?.cept those made in open session during the course of the proceedings, all motions shall be in writingA motion shall state the order sought to be obtained and the grounds upon which it is basedSection !. roof of service necessary. 0 8o written motion shall be acted upon by the Commission without proof of service on the adverse partySection ". 6o hearings on motions. 0 (otions shall not be set for hearing unless the Commission directs otherwise- @ral argument in support thereof shall be allowed only upon the discretion of the Commission- The adverse party may file opposition five days from receipt of the motion, upon the e.piration of which such motion is deemed submitted for resolution- The Commission shall resolve the motion within five daysR*,e 1 P/o9i+ite; P,e8;in:6 Section 1. rohibited pleadings and motions. 0 The following pleadings, motions or petitions shall not be allowed: a) (otion to dismiss e.cept on the ground of lack of 2urisdiction over the sub2ect matter b) (otion for a bill of particulars c) ,emurrer to evidence d) (otion for new trial, or for reconsideration of a 2udgment, or for reopening of trial e) *etition for relief from 2udgment f) (otion for e.tension of time to file pleadings, affidavits or other papers g) (emoranda, e.cept when re4uired by the Commission in an @rder h) (otion to declare the protestee or respondent in default i) ,ilatory motion for postponement 2) (otion to inhibit the Commissioner$s e.cept on clearly valid grounds k) :eply or re2oinder and Election law 27

l) Third0party complaintSection !. 4rounds to dismiss must be set up in the answer. 0 All grounds to dismiss an election protest must be set0up or pleaded as affirmative or special defenses- ,efenses not raised are deemed waived- The Commission may, in its discretion, hold a preliminary hearing on the grounds so pleadedR*,e 11 Fi,in: <ee6 8n; c869 ;e)o6it6 Section 1. (iling fees. 0 8o protest, counter0 protest shall be accepted for filing without the payment of a filing fee in the amount of Ten Thousand *esos (*!>,>>>->>) for each interest/f claims for damages and attorney5s fees are set forth in a protest or counter0protest, additional filing fees shall be paid in accordance with the schedule provided for in :ule !)! of the :ules of Court, as amendedSection !. #ash Deposit. 0 (a) /n addition to the fees prescribed in the preceding section, the protestant on an election protest re4uiring recount of ballots or re0tabulation of election returns, or which may re4uire the bringing to the Commission of copies of other election documents, printed or electronic, as well as the machines or devices to which electronic election documents are stored or may be processed, shall make a cash deposit with the Commission in the following amounts: !- @ne Thousand "ive &undred *esos (*!,+>>->>) for each precinct involved in the protest or counter0protest provided that, in no case shall the deposit be less than Twenty0 "ive Thousand *esos (*%+,>>>->>) to be paid upon the filing of the election protest (counter0protest) %- /f the amount to be deposited does not e.ceed @ne &undred Thousand *esos (*!>>,>>>->>), the same shall be paid in full within ten days after the filing of the protest and '- /f the deposit e.ceeds @ne &undred Thousand *esos (*!>>,>>>->>), a cash deposit in the amount of @ne &undred Thousand *esos (*!>>,>>>->>) shall be made within ten days after the filing of the protestThe balance shall be paid in such installments as may be re4uired by the Commission with at least five days advance notice to the party re4uired to

make the depositThe cash deposit shall be applied by the Commission to the payment of compensation of :ecount Committees as provided under 6ection ', :ule !A of these :ules and of all e.penses incidental to the recount but not limited to supplies and miscellaneous e.penses of the recount committee- <hen the Commission determines that the circumstances so demand, as when the deposit has been depleted, it may re4uire additional cash deposits- Any unused cash deposit shall be returned to the party making the same after complete termination of the protest or counter0protestThe same amount of cash deposit shall be re4uired from the protestee (counter0 protestant), should continuation of recount be ordered- @nce re4uired, the protestee (counter0protestant) shall pay the cash deposit within a non0e.tendible period of three days from receipt of the corresponding order(b) "ailure to make the cash deposits re4uired within the prescribed time limit shall result in the automatic dismissal of the protest, or counter0protest(c) The ,ivision Clerk of the Commission or @verall Chairman of the :ecount Committee shall li4uidate any cash advance granted to him$her for the purchase of supplies within a non0 e.tendible period of thirty ('>) days from date of termination of the recountR*,e 1! P/o;*ction 8n; C*6to;? o< B8,,ot Bo@e6' E,ection Doc*.ent6' D8t8 Sto/8:e De-ice6' 8n; M8c9ine6 U6e; in t9e E,ection6 Section 1. Issuance of precautionary protection order. 0 <here the allegations in a protest so warrant, and simultaneously with the issuance of summons, the Commission shall order the municipal treasurer and election officer, and the responsible personnel and custodian to take immediate steps or measures to safeguard the integrity of all the ballot bo.es, lists of voters with voting records, books of voters and other documents or paraphernalia used in the election, as well as data storage devices containing electronic data evidencing the conduct and the results of elections in the contested precinctsSection !. 3hen ballot bo%es and election documents are brought before the #ommission. 0 <ithin forty0eight hours from receipt of the answer with counter0 protest, if any, and whenever the allegations in a protest or counter0 protest so warrant and when it finds the same necessary, the Commission shall order the bo.es Election law 28

with their keys, lists of voters with voting records, books of voters, the electronic data storage devices, and other documents, paraphernalia, or e4uipments relative to the precincts involved in the protest or counter0 protest, to be brought before itThe Commission shall notify the parties of the date and time for the retrieval from their respective custodians of the ballot bo.es, other election documents, data storage devices, e4uipmentsThe parties may send representatives to witness the activity- The absence, however, of a representative of a party shall not be reason to postpone or delay the bringing of the ballot bo.es, election documents, and data storage devices, into the custody of the CommissionThe Commission, in its discretion, may seek the assistance of the *hilippine 8ational *olice or the Armed "orces of the *hilippines in ensuring the safe delivery of the ballot bo.es and election paraphernalia into the custody of the Commission<here any of the ballot bo.es, ballots, election returns, election documents or paraphernalia mentioned in the first paragraph above are also involved in election contests before other fora, such as the *residential ?lectoral Tribunal, the 6enate ?lectoral Tribunal, the &ouse of :epresentatives ?lectoral Tribunal, which, under C@(?3?C :esolution 8o- %7!% dated !A @ctober !FF+, have preferential right over the custody and recount of ballots involved in simultaneous protests, the Commission shall make the appropriate coordination and re4uest with the tribunal involved as to temporary prior custody of ballot bo.es and recount of ballots and other documents and storage devices, or the synchroni#ation of such recount of ballots- The e.penses necessary and incidental to the bringing of the ballot bo.es, election documents, and devices shall be shouldered and promptly paid by the protestant and the counter0 protestant, if any, in proportion to the precincts involved- The e.penses necessary and incidental to the return of the ballot bo.es, election documents, and storage devices to their original custodians or the proper tribunal after the termination of the case shall be shared proportionately by the protestant and protestee based on the number of precincts respectively contested by themR*,e 1" P/e,i.in8/? Con<e/ence Section 1. reliminary conference@ mandatory. 0 <ithin three days after the filing of the last responsive pleading allowed by these rules, or e.piration of the same period without any responsive pleading having been filed, the Commission shall conduct a mandatory preliminary conference among the parties to consider:

a) The simplification of issues b) The necessity or desirability amendments to the pleadings of

c) The possibility of obtaining stipulations or admission of facts and of documents to avoid unnecessary proof d) The limitation of the number of witnesses e) The nature of the testimonies of the witnesses and whether they relate to evidence aliunde, the ballots or otherwise f) The withdrawal of certain protested or counter0protested precincts (especially those where the ballot bo.es or ballots are unavailable or are missing and cannot be located or destroyed due to natural disasters or calamities) g) The number of recount committees to be constituted h) The procedure to be followed in case the election protest or counter0protest seeks, wholly or partially, the e.amination, verification or re0tabulation of election returns and i) 6uch other matters as may aid in the prompt disposition of the caseSection !. 6otice through counsel. 0 The notice of preliminary conference shall be served on the counsel or on the party who has no counsel8otice to counsel is notice to the party, as counsel is charged with the duty to notify the party representedSection ". 'ppearances of parties. 0 /t shall be the duty of the parties and counsel to appear before the Commission in person at the preliminary conferenceSection #. reliminary conference brief. 0 The parties shall file with the Commission and serve on the adverse party, in such manner as shall ensure their receipt at least one day before the date of the preliminary conference, their respective briefs which shall contain the following: a) A summary of admitted facts and proposed stipulation of facts b) The issues to be tried or resolved c) The pre0marked documents or e.hibits to be presented, stating their purpose Election law 29

d) A manifestation of their having availed or their intention to avail themselves of discovery procedures or referral to commissioners e) The number and names of the witnesses, their addresses, and the substance of their respective testimonies- The testimonies of the witnesses shall be by affidavits in 4uestion and answer form as their direct testimonies, sub2ect to oral cross e.amination f) A manifestation of withdrawal of certain protested or counter0protested precincts, if such is the case g) The proposed number of recount committees and names of their representative, and their alternates and h) /n case the election protest or counter0protest seeks the e.amination, verification or re0tabulation of election returns, the procedure to be followedSection $. (ailure to file brief. 0 "ailure to file the brief or to comply with its re4uired contents shall have the same effect as failure to appear at the preliminary conferenceSection %. Effect of failure to appear. 0 The failure of the protestant or counsel to appear at the preliminary conference shall be cause for dismissal, moto proprio, of the protest or counter0protest- The failure of the protestee or counsel to appear at the preliminary conference gives the Commission the discretion to allow the protestant to present evidence e% parte and render 2udgment based on the evidence presented-=avvphi= Section 7. reliminary conference order. 0 <ithin three days following the date of the preliminary conference, the Commission shall issue an order summari#ing the matters taken up and stipulations or agreements reached during the conference- The Commission shall specify in the preliminary conference order when the recount of ballots will commence, which shall be within five days from the termination of the preliminary conferenceR*,e 1# S*+)oen8 Section 1. $ubpoena 'd !estificandum or $ubpoena Duces !ecum. 0 6ubpoena ad testificandum or subpoena duces tecum may be issued by the ,ivision motu proprio, or upon re4uest of the parties in any caseSection !. (orm and #ontents. 0 A subpoena shall be signed by the Clerk of the Commission concerned- /t shall state the name of the ,ivision issuing it and the title of the action it shall be

directed to the person whose attendance is re4uired, and in the case of a subpoena duces tecum, it shall also contain a reasonable description of the books, documents or things demanded which may appear prima facie relevantR*,e 1$ Reco*nt o< B8,,ot6 Section 1. $tart of recount. 0 The recount of ballots shall commence on the date specified in the preliminary conference order, unless rescheduled by @rder of the ,ivisionSection !. Recount committee@ under the supervision of the #ommission. 0 There shall be constituted such number of recount committees as may be necessary- The list of the recount committees shall be submitted by the ,ivision Clerk of the Commission, through the ,irector /1, ?lectoral Contests Ad2udication ,epartment, to the *residing Commissioner of either the "irst or 6econd ,ivision- ?ach recount committee shall be composed of a :ecount Coordinator$Chairman who shall be a lawyer of the Commission, recorder, clerk, typist and ballot bo. custodian and one representative each from the protestant and the protestee- The Commission shall designate the :ecount Coordinators$ Chairman from among its personnel- The parties shall also designate their respective alternative representativesThe recount committee shall conduct the recount in the Commission5s premises or at such other places as may be designated by the Commission, but in every case under its strict supervision- The members of the :ecount Committee shall discharge their duties with the highest degree of integrity, conducting the proceedings with the same dignity and discipline as if undertaken by the Commission itself- They shall e.ercise e.traordinary diligence and take precautionary measures to prevent the loss, disappearance or impairment of the integrity of the ballots and the other election documents, whether electronic or printed, and other election paraphernaliaSection ". #ompensation of the members of the Recount #ommittee. 0 The Commission shall fi. the compensation of the members of the Committee including the fees for supplies and materials at @ne Thousand "ive &undred *esos (!,+>>) per clustered precinct and shall be distributed as follows: a- Chairman b- :ecorder c- =allot =o. Custodian d- Typist e- 6upplies$materials *+%>->> *%)>->> *%)>->> *%)>->> *!7)->>

The amount of *;->> shall also be allocated for storage of the election paraphernalia and *+>->> Election law 30

for the honoraria of the warehouse handlers- The :epresentatives of the parties shall be directly compensated by their respective principals or by parties themselvesSection #. #ontinuous Recount. 0 @nce commenced, the recount shall continue from day to day as far as practicable until terminateda) eriod for Recount. 0 recount shall be conducted from 7:'> o5clock in the morning to !%:>> noon and from !:'> to ):'> o5clock in the afternoon from (onday to "riday, e.cept on non0 working holidays- The members of the :ecount Committee may take a fifteen0 minute break in each sessionb) Recount to continue even if a party representative is absent or late. 0 The recount of ballots shall not be delayed or postponed by reason of the absence or tardiness of a party representative as long as the :ecount Coordinator and one party representative are present- The Commission may at any time designate another :ecount Coordinator if the regular :ecount Coordinator fails for any reason to reportc) If the representative of the protestee is absent or late. 0 /f the representative of the protestee is absent or late for thirty minutes and no alternate appears as a substitute, the recount shall, nevertheless, commence the protestee shall be deemed to have waived the right to appear and to ob2ect to the ballots in the precinct or precincts scheduled for recount on that particular dayd) If the representative of protestant or counter-protestant, or of both parties fail to appear. 0 /f the representative of the protestant, or of both parties and alternates fail to appear for no 2ustifiable reason within one hour after fi.ed hours from the start of the recount, the ballot bo.es scheduled for that day, and the corresponding keys in the possession of the chairperson, shall be returned to the ballot bo. custodian of the Commission and shall no longer be recounted it is understood that the parties waive their right to recount the same, and the :ecount Coordinator concerned shall state such facts in the corresponding :ecount reportSection $. rohibited access. 0 ,uring the recount of ballots, no person other than the Commission, the clerk of the Commission, the :ecount Coordinators and the members of the recount committees, the parties and their duly authori#ed representatives, shall have access to the recount area-

Section %. #onduct of the Recount. 0 The recount of the votes on the ballots shall be done manually and visually and according to the procedures hereunder: a) At the preliminary conference the date and the place of the recount and the number of the recount committees shall be setb) At the appointed place and day, the recount committee$s shall convenec) At the same place and day, the ballot bo.es containing the ballots from the protested precincts, the data storage device used in said precincts, as well as the machine or any device that can be used to authenticate or assure the genuineness of the ballots shall be brought to the venue of the recountd) The different recount committees will be provided with an ade4uate workspace, with tables and chairs that would enable them to perform the recount in an efficient and transparent mannere) The recount committee, upon the re4uest in writing of parties, will then randomly pick the precinct from which they would do the recountf) =efore opening the ballot bo., the recount committee shall note its condition as well as that of the locks or locking mechanism and record the condition in the recount report- "rom its observation, the recount committee must also make a determination as to whether the integrity of the ballot bo. has been preservedg) The ballot bo. shall then be opened and the ballots shall be taken out- The "valid" ballots shall first be counted, without regard to the votes obtain by the parties- This will be followed by the counting of the torn, unused and stray ballots, as classified at the poling placeh) The 1otes appearing in election return copy for the ballot bo. shall then be recorded in the minutesi) *rior to the actual conduct of the recount of the votes the recount committee must authenticate each and every ballot to make sure that they were the same ballots that were cast and fed to the *C@6 machine during the elections- The authentication shall be through the use of the *C@6 machine actually used during the elections in the sub2ect precinct, or by another device certified by the Commission as one that Election law 31

can perform the desired authentication re4uirement through the use of bar code and ultra0violet ray code detection mechanism2) @nly when the recount committee, through the recount coordinator, determines that the integrity of the ballots has been preserved, will the recount proceedk) Hpon such determination, the recount committee shall then look at the ballot and count the votes as registered in each and every one of them for the contested positionl) /n looking at the shades or marks used to register votes, the recount committee shall bear in mind that the will of the voters reflected as votes in the ballots shall as much as possible be given effect, setting aside any technicalities- "urthermore, the votes thereon are presumed to have been ,made by the voter and shall be considered as such unless reasons e.ist that will 2ustify their re2ection- &owever, marks or shades which are less than +>I of the oval shall not be considered as valid votes- Any issue as to whether a certain mark or shade is within the threshold shall be determined by feeding the ballot on the *C@6 machine, and not by human determinationm) The rules on appreciation of ballots under 6ection %!! of the @mnibus ?lection Code shall apply suppletorily when appropriaten) There shall be a tally sheet, of at least + copies, plus additional copies depending on the number of additional parties, that will be used for the tallying of the votes as they are counted, through the use of the tara or stickso) After all the ballots from one ballot bo. have been counted, the recount committee shall secure the contested ballots and complete the recount report for said precinct- Thereafter, it shall proceed to recount the votes on the ballots from the ne.t precinctp) /n case of multiple recount committees, the recount shall be done simultaneously4) /n the event that the recount committee determine that the integrity of the ballots and the ballot bo. were not preserved, as when there is proof of tampering or substitution, it shall proceed to instruct the printing of the picture image of the ballots of the

sub2ect precinct stored in the data storage device for the same precinctThe commission shall provide a non0 partisan technical person who shall conduct the necessary authentication process to ensure that the data or image stored is genuine and not a substitute- /t is only upon such determination that the printed picture image can be used for the recountSection 7. reparation and submission of recount report. 0 The committee shall prepare and submit to the Commission a recount report per precinct stating the following: a) The precinct number b) The date, place and time of recount c) The condition and serial numbers of the following c-!) =allot bo.es c-%) 3ooks c-') ,ata storage deviced) The votes of the parties per physical count of the paper ballots e) The votes of the parties per ballot0 bo. copy of the election returns f) The number of ballots 4uestioned by the parties indicating there0in the e.hibit numbers g) The number of torn, unused and stray ballots h) The entries in the minute of 1oting and counting, particularly h-!) The number of registered voters h-%) The number of voters who actually voted h-') The number of official ballots together with their serial numbers used in the election h-)) The number of ballots actually used indicating the serial numbers of the ballots and h-+) The unused together with their numbersballots serial 32

Election law

The recount forms shall be made available prior to the recount- The per0precinct recount report shall be signed and certified to by the recount coordinator and the representatives of the parties, and shall form part of the records of the case- The tally sheet used for the recount shall be attached to the report/n addition to the per0precinct recount report the recount committee shall also prepare and submit to the court, within seven (A) days from the termination of the recount, a committee report summari#ing the data, votes, 4uestions on the ballots, significant observations made in the recount of ballots from each of the protested precincts and, later from the counter0protested precincts, and comments and ob2ections in case of disagreement between committee members?ach party furnished with a copy of the committee report may submit their comments thereon within a non0e.tendible period of seven days from noticeSection 8. Inquiry as to security mar"ings and vital information relative to ballots and election documents. 0 <hen a recount of ballots is ordered, and for the guidance of the members of the :ecount Committees, the Commission shall give advise and instructions to the committee on the security markings on the ballots and election document- The commission shall likewise designate a technical person who shall assist the :ecount Committee in authenticating electronic documents if needed, as well as in transforming the same to a form that can make them observable to the CommitteeR*,e 17 P9otoco)?in: o< B8,,ot6 Section 1. resentation and reception of evidence@ order of hearing. 0 @n motion of a party, the Commission may allow the photocopying or reproduction of paper ballots and election documents- Hpon such terms and conditions as it may impose- The photocopying or reproduction, if allowed, must start at the commencement of recount and, as far as practicable, must be completed simultaneously with the termination of recountSection !. 3here conducted@ parties to provide own photocopying units. 0 *hotocopying shall be done within the premises of the C@(?3?C, or at or near the are where the recount is conducted, and shall be under the supervision of the Clerk of the Commission- The party concerned shall provide an efficient photocopying unit and shall bear all e.perience relative theretoR*,e 18 P/e6ent8tion o< E-i;ence Section 1. resentation and reception of evidence@ order of hearing. 0 The reception of evidence on all matters or issues raised in the protect and counter0protests shall be presented and offered in a hearing upon completion of (a)

the recount of ballots, or re0tabulation of election documents, or (b) the technical e.amination, if warranted:eception of evidence shall be made in accordance with the following order of hearing: a) The *rotestant shall present evidence in support of the protest b) The protestee shall then adduce evidence in support of the defense, counterclaim or counter0protest, if any c) The parties may then respectively offer rebutting evidence only, unless the Commission for good reasons, in the furtherance of 2ustice, permits them to offer evidence upon their original case and d) 8o sur0rebuttal evidence shall be allowed/n offering testimonial evidence, the party shall re4uire the proposed witness to e.ecute an affidavit which shall be considered as the direct testimony, sub2ect to the right of the adverse party to ob2ect to its inadmissible portions and to orally cross0e.amine the witness- The affidavit shall be based on personal knowledge, shall set forth facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify on the matters stated therein- The affidavit shall be in 4uestion and answer form- The affidavit shall be submitted to the Commission and served on the adverse party at least three days before the hearing- "ailure to submit the affidavit of a witness within the specified time shall constitute a waiver of the party5s right to present testimonial evidenceThe one0day0cross0e.aminations0of0witness rule, that is, a witness has to be fully cross0e.amined in one day only shall be strictly adhered to- The Commission, at its discretion, may e.tend the cross0e.amination for 2ustifiable reasonsThe recount reports, as well as the ob2ected and claimed ballots referred to therein, shall automatically form part of records of the Commission and may be adopted by the parties as their evidenceSection !. *ffer of evidence. 0 The Commission shall consider no evidence that has not been formally offered- "ormal offer of documentary evidence shall be done in writing after the last day of hearing allowed for each party- The opposing party shall be re4uired to immediately interpose his written ob2ections thereto within five (+) from receipt of formal offer- The Commission shall rule on the offer of evidence not later than five (+) days from receipt of the Comment to the formal offerSection ". Reception of evidence continuous. 0 Election law 33

:eception of evidence, once commenced, shall continue from day to day as far as practicable until terminatedSection #. 'dAournments and postponements. 0 8o motion for postponement shall be allowed, e.cept for clearly meritorious reasons, in no case to e.ceed three times- The filing of dilatory pleadings or motions shall constitute direct attempt of Commission and shall be punished accordinglySection $. >urden of proof. 0 =urden of proof is the duty of a party to present evidence of the facts in issue, necessary to establish one5s claim or defenseSection %. Disputable presumptions. 0 The following presumptions are considered as facts, unless contradicted and overcome by other evidence a) @n the election procedure: a-!) The election of candidates was held on the date and time set and in the polling place determined by the Commission on ?lections a-%) The =oards of ?lection /nspectors were duly constituted and organi#ed a-') *olitical parties and candidates were duly represented by poll watchers a-)) *oll watchers were able to perform their function and a-+) The (inutes of 1oting and Counting contains all the incidents that transpired before the =oard of ?lection /nspectorsb) @n election paraphernalia: b-!) =allots and election returns that bear the security marketing5s and features prescribed by the Commission on ?lection are genuine b-%) The data and information supplied by the members of the =oards of ?lection /nspectors in the accountable forms are true and correct and b-') The allocation, packing and distribution of election documents or paraphernalia were properly and timely done-

c) on appreciation of ballots: c-!) A ballot with appropriate security markings is valid c-%) The ballot reflects intent of the voter c-') The ballot accomplished is the

properly

c-)) A voter personality prepared one ballot, e.cept in the case of assistors and c-+) The e.ercise of one5s right to vote was voluntary and freeSection 7. $ubmission of memoranda. 0 The Commission may allow the parties to submit their respective memoranda within a non0e.tendible period of ten days from receipt of the written ruling of the Commission- 8o supplemental, reply or rebuttal memorandum shall be allowedR*,e 19 Deci6ion6 Section 1. Rendition of Decision. 0 The Commission shall decide the election contest within thirty days from the date it is submitted for decisionSection !. rocedure in ma"ing Decisions. 0 The conclusions of the Commission in any case submitted to it for decision shall be reached in consultation before the case is assigned by raffle to a (ember for the writing of the opinion- A certification to this effect signed by the Chairman or *residing Commissioner shall be incorporated in the decision- Any member who took no part, or dissented, or abstained from a decision or resolution must state the reason therefor?very decision shall e.press therein clearly and distinctly the facts and the law on which it is based- /n its decision the Commission shall be guided by the principle that every ballot is presumed to be valid unless there is clear and good reason to 2ustify its re2ection and that the ob2ect of the election is to obtain the true e.pression of the votersSection ". $everal 5udgments. 0 /n a protest against several protestees, the Commission may, when a several 2udgment is proper, render 2udgment against one or more of them, leaving the protest to proceed against the othersSection #. 3hen e%tended *pinion Reserved. 0 <hen in a given resolution or decision the writing of an e.tended opinion is reserved, the e.tended opinion shall be released within fifteen (!+) days after the promulgation of the resolution-

Election law

34

Section $. eriod to (ile +otion for Reconsideration 3hen E%tended *pinion is Reserved. 0 /f an e.tended opinion is reserved in a decision, the period to file a petition for certiorari with the 6upreme Court or to file a motion for reconsideration shall begin to run only from the date the aggrieved party received a copy of the e.tended opinionSection %. romulgation. 0 The promulgation of a decision of the Commission shall be on a date previously fi.ed, of which notice shall be served in advance upon the parties or their counsels personality, or by registered mail, or by telegram, or any verifiable speedy meansSection 7. rocedure if *pinion is Equally Divided. 0 <hen the Commission en banc is e4ually divided in opinion, or the necessary ma2ority cannot be had, the case shall be reached, and if on rehearing no decision is reached, the protest or the counter0protest shall be deemed dismissed if originally commenced in the Commission in a appealed cases, 2udgment or order appealed from shall stand affirmed and in all incidental matters, the petition or motion shall be deniedSection 8. Duty to certify to the resident. 0 /n election protests, if the decision shall be that none of the parties has been legally elected, the Commission shall certify such decision to the *resident of the *hilippinesSection 9. Duty to 6otify *ther 'gencies of the 4overnment. 0 As soon as a decision in an election protest becomes final and e.ecutory, notices thereof shall be sent to the *resident, the 6ecretary of 3ocal 9overnment, the Chairman of the Commission on Audit, and the 6ecretary of the 6angguniang *ampook in the case of regional officials, the 6ecretary of the 6angguniang *anlalawigan in the case of provincial officials, and the 6ecretary of the 6angguniang *anglungsod in the case of city officialsSection 1 . (inality of Decisions or Resolutions. 0 Hnless a motion for reconsideration is seasonably filed, a decision or resolution of a ,ivision shall become final and e.ecutory after the lapse of five (+) days following its promulgationR*,e ! Motion <o/ Recon6i;e/8tion Section 1. 4rounds of +otion for Reconsideration. 0 A motion for reconsideration may be filed on the grounds that the evidence is insufficient to 2ustify the decision, order or ruling or that the said decision, is contrary to lawSection !. eriod for (iling +otion for Reconsideration. 0 A motion to reconsider a decision shall be filed within five (+) days from the promulgation thereof- 6uch motion, if not pro forma, suspends the e.ecution or C-

implementation, of the decision, resolution, order or rulingSection ". (orm and #ontents of +otion for Reconsideration. 0 The motion shall be verified and shall point out specifically the findings or conclusions of the decision, resolution, order or ruling which are not supported by the evidence or which are contrary to law, making e.press reference to the testimonial or documentary evidence or the provisions of law alleged to be contrary to such findings or conclusionsSection #. Effect of +otion for Reconsideration on eriod to (ile etition for #ertiorari to the $upreme #ourt. 0 A motion to reconsider a decision, resolution, when not pro-forma, suspends the running of the period to elevate the matter to the 6upreme CourtSection $. ?ow motion for Reconsideration Disposed of. 0 Hpon the filing of a motion to reconsider a decision, resolution, order or ruling of a ,ivision, the ?CA, Clerk concerned shall, within twenty0four (%)) hours from the filing thereof, notify the *residing Commissioner- The latter shall within two (%) days thereafter certify the case to the Commission en bancSection %. Duty of E#'D Director to #alendar +otion for Resolution. 0 The ?AC, ,irector concerned shall calendar the motion for reconsideration for the resolution of the Commission en banc within ten days from the certification thereofSection 7. eriod to Decide by the #ommission En >anc. 0 The motion for reconsideration shall be decided within fifteen (!+) days from the date the case or matter is deemed submitted for decision, unless otherwise provided by lawSection 8. (inality of Decision . 0 The decision of the Commission shall become final and e.ecutory five days after its promulgation and receipt of notice by the partiesSection !%$. rosecution. - The Commission shall, through its duly authori#ed legal officers, have the e.clusive power to conduct preliminary investigation of all election offenses punishable under this Code, and to prosecute the same- The Commission may avail of the assistance of other prosecuting arms of the government: *rovided, however, That in the event that the Commission fails to act on any complaint within four months from his filing, the complainant may file the complaint with the office of the fiscal or with the (inistry of Custice for proper investigation and prosecution, if warranted-

?lection *rotest and Duo <arranto #ases)

$antiago v. Ramos ,-/< $#R' /112 4atchalian v. #*+ELE# ,-./ $#R' -:92 Election law 35

Loyola v. #' ,-./ $#R' .002 De #astro v. #*+ELE# ,-;0 $#R' 9:;2 $ampayan v. Di&on ,-=< $#R' 9:02 +arque& v. #*+ELE# ,-.< $#R' /<92

intends to do so. 5A3CHALIA# V. CO4R3 OF APPEALS Facts: Danilo ". @atchalian and @regorio N. Aruelo, Jr. (ere rival candidates for the office of the ?ice Aayor of Balagtas, Bulacan in the Aay 11, 1<< elections. .n Aay 1&, 1<< , the Aunicipal Board of Canvassers proclai'ed @atchalian as the duly elected ?ice Aayor of Balagtas, Bulacan by a 'argin of four votes. .n Aay , 1<< , Aruelo filed (ith the Co''ission on >lections !C.A>B>C# a verified petition see*ing to annul the procla'ation of @atchalian. .n June , 1<< , Aruelo filed (ith the $egional 7rial Court an election protest alleging that the protest (as filed e6 abudante cautela, there being a pending pre0procla'ation case before the C.A>B>C. .n the sa'e date, Aruelo paid the a'ount of =%1L.LL as filing fees. .n June 1L, 1<< , @atchalian (as given five days (ithin (hich to ans(er, but instead, @atchalian filed a 'otion to dis'iss on June 1M, 1<< on the follo(ing grounds3 !a# the petition (as filed out of ti'e) !b# there (as a pending pre0procla'ation case before the C.A>B>C, and hence the protest (as pre'ature) and !c# Aruelo failed to pay the prescribed filing fees and cash deposit upon filing of the petition. Aruelo filed an opposition to the 'otion to dis'iss, to (hich @atchalian filed a reply. Aean(hile, on June 11, 1<< , the C.A>B>C denied ArueloGs pre0procla'ation case. 9n its .rder dated July 1L, 1<< , the trial court denied @atchalianGs 'otion to dis'iss and ordered hi' to file his ans(er (ithin five days fro' notice thereof. @atchalianGs 'otion for reconsideration (as denied on August M, 1<< . .n August %, 1<< , @atchalian filed before the Court of Appeals, a petition for certiorari !CA 0@.$. S= No. :% 1# alleging grave abuse of discretion. Court of Appeals ruled that there (as no grave abuse of discretion on the part of the trial court in denying @atchalianGs 'otion to dis'iss. 9t further ruled that the election protest (as ti'ely filed and that @atchalianGs aver'ent that the election protest should be dis'issed on the ground of non0 pay'ent of filing fee (as devoid of 'erit. Issues: 6,et,e" o" not t,e election 0"otest -as (iled on ti e. Section &, $ule &M provides as follo(s3 I=eriod to file petition. 0 7he petition shall be filed (ithin ten !1L# days follo(ing the date of procla'ation of the results of the election.I 5nder the above0cited section, Aruelo had ten days fro' Aay 1&, 1<< to file an election protest. 9nstead of filing an election protest, Aruelo filed (ith the C.A>B>C a pre0procla'ation case against @atchalian on Aay , 1<< , or nine days after Aay 1&, 1<< . 7he filing of the pre0procla'ation case suspended the running of the period (ithin (hich to file an election protest or -uo (arranto proceedings !B.=. Blg. ::1, Sec. 2:#. Aruelo received the C.A>B>C resolution denying his pre0procla'ation petition on June , 1<< . Hence, Aruelo had only one day left after June , 1<< (ithin (hich to file an election protest. Ho(ever, it (ill be noted that Aruelo filed on June , 1<< (ith the trial court an election protest e6 abudante cautela. 6,et,e" o" not t,e cou"t ,as 2u"isdiction o$e" t,e case. Section <, $ule &M of the C.A>B>C $ules of =rocedure provides that a protestant has to pay the follo(ing3 a# filing fee of
Election law 36

CASES:
DEFE#SOR>SA#3IA5O V. RAMOS FAC3S: 7his is an original action filed before the SC acting as a =residential >lectoral 7ribunal. SC !=.>.7# discussed the purpose of an election protest &. 7he purpose of an election protest is to ascertain (hether the candidate proclai'ed elected by the board of canvassers is really the la(ful choice of the electorate. 4hat is sought in an election protest is the correction of the canvass of the votes, (hich is the basis of the procla'ation of the (inning candidate. An election contest involves a public office in (hich the public has an interest. Certainly, the act of a losing candidate of recogni,ing the one (ho is proclai'ed the (inner should not bar the losing candidate fro' -uestioning the validity of the election of the (inner in the 'anner provided by la(. Airia' Defensor0Santiago !DS# ran for presidency in the 1<< National >lections. She lost, but filed this protest against the (inner, =res. "? $a'os. Subse-uently ho(ever, she ran for Senator in the 1<<M Senatorial elections. She (on and assu'ed office as Senator in 1<<M. Considering this factual 'ilieu, the issues revolve on (hether this present electoral protest (ould still be valid, even after the protestant has already assu'ed office as Senator, noting that should she (in this protest, her ter' as president (ould coincide (ith her ter' as senator, (hich she is no( in. No(, in 1<<%, the SC as =>7 decides the case. HELD: 7here (as abandon'ent of protest. Des. DS filed her certificate of candidacy to run for senator (ithout -ualification or reservation. 9n doing so, she entered into a political contract (ith the electorate, that, if elected, she (ould assu'e the office as senator. 7his is in accord (ith the constitutional doctrine that a public office is a public trust. 9n assu'ing the office of Senator, she has effectively abandoned her deter'ination to pursue this present protest. Such abandon'ent operates to render this protest 'oot. SC cannot subscribe to the vie( of the =rotestee that by filing her certificate of candidacy for Senator =rotestant Santiago ipso facto forfeited her clai' to the office of =resident pursuant to Section %1 of B.=. Blg. ::1. =lainly, the said section applies e6clusively to an incu'bent elective official (ho files a certificate of candidacy for any office Iother than the one he is holding in a per'anent capacity.I >ven 'ore plain is that the =rotestant (as not the incu'bent =resident at the ti'e she filed her certificate of candidacy for Senator nor at any ti'e before that. Also, the =>7 issued a resolution ordering the protestant to infor' the =>7 (ithin 1L days if after the co'pletion of the revision of the ballots fro' her pilot areas, she still (ishes to present evidence. Since DS has not infor'ed the 7ribunal of any such intention, such is a 'anifest indication that she no longer
3

De Castro v. Ginete

=&LL.LL) b# legal research fee) and c# additional filing fee if there be a clai' for da'ages or attorneyGs fees. Aruelo, upon filing the election protest (ith the trial court on June , 1<< , paid the follo(ing a'ounts3 ..$. L:221<0$ :1%L1 <S 12L1&11 12L%L%& L:22 L A'ount =2ML.LL 1ML.LL 1L.LL M.%L 2%.LL 0 0 0 0 0 Doc*et "ee0Judiciary Develop'ent "und @eneral "und Begal $esearch Su''ons "ee Su''ons "ee

Circular No. L20<2 in its suppletory character 'ay not be strictly applied to election cases) the circular is suppletory to the $ules of Court and the latter provides that the rules shall be liberally construed in order to pro'ote speedy trial and although the affidavit of non0 foru' shopping (as not si'ultaneously filed (ith his petition, it considers the sa'e as substantial co'pliance for sub'itting it the ne6t day. 7he sa'e is appealed to CA (hich conse-uently dis'issed the petition finding no error co''itted by the AC7C and $7C. ISS4ES3 !1# (hether Ad'inistrative Circular No. L20<2 is 'andatory and ;urisdictional) and ! # (hether it is applicable in election cases. HELD3 !1# 3,e Ci"cula" is andato".. It is not1 ,o-e$e"1 2u"isdictional. Jurisdiction over the sub;ect or nature of the action is conferred by la(. Substantial co'pliance (ith the Circular is sufficient. 7his Circular e6panded or broadened the applicability of SC Circular No. :0<1 (hich (as designed to serve as an instru'ent to pro'ote and facilitate the orderly ad'inistration of ;ustice and should not be interpreted (ith such absolute literalness as to subvert its o(n ulti'ate and legiti'ate ob;ective or the goal of all rules of procedure 0 (hich is to achieve substantial ;ustice as e6peditiously as possible. 7he filing of the certification (as still (ithin the period for filing an election protest !1L days fro' procla'ation#. Accordingly, although the certification (as not filed si'ultaneously (ith the initiatory pleading, its filing (ithin the regle'entary period (as a substantial co'pliance (ith Ad'inistrative Circular No. L20<2. 7he fact that the Circular re-uires that it be strictly co'plied (ith 'erely underscores its 'andatory nature in that it cannot be dispensed (ith or its re-uire'ents altogether disregarded, but it does not thereby bar substantial co'pliance (ith its provisions under ;ustifiable circu'stances. ! # 3,e Ci"cula" is a00lica!le to Election Cases. 4e do not agree (ith the AC7C that Ad'in Circular No. L20<2 is not applicable to election cases because it is 'erely a'endatory of the $ules of Court. 7here is nothing in the Circular that indicates that it does not apply to election cases. .n the contrary, it e6pressly provides that the re-uire'ents therein, (hich are in addition to those in pertinent provisions of the $ules of Court and e6isting circulars, Cs,all !e st"ictl. co 0lied -it, in t,e (ilin% o( co 0laints1 0etitions1 a00lications o" ot,e" initiato". 0leadin%s in all cou"ts and a%encies ot,e" t,an t,e SC and t,e CA.C 4!i le/ non distin%uit1 nec nos distin%ue"e de!e us . 4e also disagree (ith AC7C in its ruling that considering that the AC7C has after all the original and e6clusive ;urisdiction over the election protest, the certification of non0 foru' shopping (as unnecessary since the private respondent could not have filed the case any(here else. 7he argu'ent fails to consider the possibility of a party availing, rightly or (rongly, of other legal re'edies) or of filing the sa'e election protest in 'ore than one A7C, despite the erroneous venues) or of even being una(are of the original e6clusive ;urisdiction of the A7C over such election protests and filing one of the protests in the $7C by
Election law 37

"ro' the above ite'i,ation, it is clear that Aruelo failed to pay the filing fee of =&LL.LL for the election protest prescribed by the C.A>B>C $ules of =rocedure. 7he a'ount of =%LL.LL, consisting of =2ML.LL !Judiciary Develop'ent "und# and =1ML.LL !@eneral "und#, refers to the doc*et fee for ArueloGs clai' for attorneyGs fees in the a'ount of =1LL,LLL.LL in accordance (ith the schedule provided for in Section !a#, $ule 121 of the $evised $ules of Court !Cf. $ule &M, Section <, third paragraph, C.A>B>C $ules of =rocedure#. 9t is the pay'ent of the filing fee that vests ;urisdiction of the court over the election protest, not the pay'ent of the doc*et fees for the clai' of da'ages and attorneyGs fees. "or failure to pay the filing fee prescribed under Section <, $ule &M of the C.A>B>C $ules of =rocedure, the election protest 'ust be dis'issed. 5nder Section <, $ule &M of the C.A>B>C $ules of =rocedure, IEnFo protest . . . shall be given due course (ithout the pay'ent of a filing fee in the a'ount of three hundred pesos !=&LL.LL# for each interest.I

LOYOLA VS. CA FAC3S3 9n the barangay election of Aay <, 1<<2, petitioner Alan A. Boyola (as proclai'ed on Aay 1L, 1<<2 by the Barangay Board of Canvassers as the duly elected =unong Barangay of barangay =oblacion of the Aunicipality of 7angalan, A*lan. .n Aay 1: 1<<2, private respondent Aniceto "ernande, 999, the defeated candidate, filed (ith the 2th AC7C of Aacato07angalan an election protest against the petitioner. 7he protest filed by "ernande, (as not acco'panied by a certification of non0foru' shopping re-uired under SC Ad'inistrative Circular No. L20<2 (hich too* effect on April 1, 1<<2 !(hich provides that a certificate of Non0 "oru' Shopping 'ust be filed in any petition, application or other initiatory pleading in all courts or agencies other than in SC or CA. Non0 Co'pliance or violation of (hich is a ground for dis'issal of the petition etc.# Ho(ever, the follo(ing day or on Aay 1<, 1<<2, in co'pliance (ith the said circular, the private respondent, "ernande, sub'itted to the AC7C his certification of non0foru' shopping. .n Aay M, 1<<2, the petitioner, Boyola filed a 'otion to dis'iss the protest for the private respondentGs failure to strictly co'ply (ith Ad'inistrative Circular No. L20<2. He clai's that the filing of the certification on Aay 1<, 1<<2 (as 'erely the private respondentGs desperate atte'pt to cure the ;urisdictional fla( of his petition. AC7C and $7C respectively denied the 'otion to dis'iss on the ground that the Ad'in Circular (as only a procedural la( and is not ;urisdictional in character. 7he application of Ad'inistrative

'ista*e. 4H>$>".$>, the instant petition is D>N9>D and the AC7C of Aacato07angalan, A*lan, is directed to proceed (ith dispatch in the hearing and resolution of >lection =rotest Case. 7his decision is i''ediately e6ecutory. DE CAS3RO V. COMELEC FAC3S: De Castro (as proclai'ed Aayor of @loria, .riental Aindoro (hile Aedrano (as proclai'ed ?ice0Aayor of the sa'e 'unicipality during the Aay :, 1<<M elections. .n Aay 1<, 1<<M, De CastroGs rival candidate, the late Nicolas A. Ja'illa, filed an election protest before the $7C of =ina'alayan, .riental Aindoro. During the pendency of said contest, Ja'illa died. "our days after such death or on Dece'ber 1<, 1<<M, $7C dis'issed the election protest ruling as it did that Ias this case is personal, the death of the protestant e6tinguishes the case itself. .n January 1M, 1<<%, Aedrano filed his .'nibus =etitionSAotion !"or 9ntervention andSor Substitution (ith Aotion for $econsideration# (hich (as opposed by De Castro 7he $7C denied AedranoGs .'nibus =etitionSAotion and stubbornly held that an election protest being personal to the protestant, is ipso facto ter'inated by the latterGs death. 5nable to agree (ith the dis'issal of the election protest, Aedrano filed a petition for certiorari and 'anda'us before the Co''ission on >lections !C.A>B>C. C.A>B>C granted the petition. 9t ruled that an election contest involves both the private interests of the rival candidates and the public interest in the final deter'ination of the real choice of the electorate, and for this reason, an election contest necessarily survives the death of the protestant or the protestee. ISS4E: 4hether or not an election protest is a personal action e6tinguished upon the death of the real party in interest. HELD: #o. 9t is true that a public office is personal to the public officer and is not a property trans'issible to his heirs upon death. 7hus, applying the doctrine of actio personalis 'oritur cu' persona, upon the death of the incu'bent, no heir of his 'ay be allo(ed to continue holding his office in his place. But (hile the right to a public office is personal and e6clusive to the public officer, an election protest is not purely personal and e6clusive to the protestant or to the protestee such that the death of either (ould oust the court of all authority to continue the protest proceedings. An election contest, after all, involves not 'erely conflicting private aspirations but is i'bued (ith para'ount public interests. As (e have held in the case of ?da. de De Aesa v. Aencias3 . . . 9t is a6io'atic that an election contest, involving as it does not only the ad;udication and settle'ent of the private interests of the rival candidates but also the para'ount need of dispelling once and for all the uncertainty that beclouds the real choice of

the electorate (ith respect to (ho shall discharge the prerogatives of the offices (ithin their gift, is a proceeding i'bued (ith public interest (hich raises it onto a plane over and above ordinary civil actions. "or this reason, broad perspectives of public policy i'pose upon courts the i'perative duty to ascertain by all 'eans (ithin their co''and (ho is the real candidate elected in as e6peditious a 'anner as possible, (ithout being fettered by technicalities and procedural barriers to the end that the (ill of the people 'ay not be frustrated. !9basco vs. 9lao, et al., @.$. B011M1 , Dece'ber <, 1<%L) $efor'a vs. De Buna, @.$. B01& 2 , July &1, 1<M:#. 7he death of the protestant, as in this case, neither constitutes a ground for the dis'issal of the contest nor ousts the trial court of its ;urisdiction to decide the election contest. 7he asseveration of petitioner that private respondent is not a real party in interest entitled to be substituted in the election protest in place of the late Ja'illa, is utterly (ithout legal basis. Categorical (as our ruling in ?da. de Aesa and Bo'ugdang that3 . . . the ?ice Aayor elect has the status of a real party in interest in the continuation of the proceedings and is entitled to intervene therein. "or if the protest succeeds and the "rotestee is unseated, the ?ice0Aayor succeeds to the office of Aayor that beco'es vacant if the one duly elected can not assu'e the post. SAMPAYA# VS. DA:A FAC3S: =etitioners filed a petition see*ing to dis-ualify Da,a, then incu'bent congress'an of their congressional district in Aa*ati, fro' continuing to e6ercise the functions of his office on the ground that the latter is a greencard holder and a la(ful per'anent resident of the 5nited States. 7hey also alleged that Ar. Da,a has not by any act or declaration renounced his status as per'anent resident thereby violating the .'nibus >lection Code !Section %:# and the 1<:1 Constitution !section 1:, Article 999#. $espondent Congress'an filed his Co''ent denying the fact that he is a per'anent resident of the 5nited States as evidenced by a letter order of the 5S 9''igration and Naturali,ation Service, Bos Angeles, 5.S.A, he had long (aived his status (hen he returned to the =hilippines on August 1 , 1<:M. ISS4E:

6,et,e" o" not "es0ondent DaDa s,ould !e dis=uali(ied as a e !e" o( t,e House o( Re0"esentati$es (o" $iolation o( Section *; o( t,e O ni!us Election Code

R4LI#5: 7he Supre'e Court vote to dis'iss the instant case, first, the case is 'oot and acade'ic for it is evident fro' the 'anifestation filed by petitioners dated April %, 1<< , that they see* to unseat the respondent fro' his position as Congress'an for the duration of his ter' ofoffice co''encing June &L, 1<:1 and ending June &L, 1<< . Secondly, ;urisdiction of this case rightfully pertains to the House >lectoral 7ribunal. 5nder Section 11 of Article ?9 of the 1<:1 Constitution, it is the House >lectoral 7ribunal (hich shall be the sole ;udge of all contests relating to the election returns and -ualification of its 'e'bers.
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7he petitioner8s appropriate re'edy should have been to file a petition to cancel respondent Da,a8s certificate of candidacy before the election or a -uo (arranto case (ith the House of >lectoral 7ribunal (ithin ten days after Da,a8s procla'ation. Points to "e e !e": H$>7 has e6clusive ;urisdiction over election contests and -ualifications of 'e'bers of Congress $e'edies against a dis-ualified House of $epresentative candidate3 !1# cancellation of certificate of candidacy filed (ith C.A>B>C before election) ! # -uo (arranto case filed (ith H$>7 after procla'ation

cancelled her registration in .r'oc City on Nov M, 1<:1, and she then transferred her registration to Pananga, Beyte on Nove'ber M, 1<:1 by registering thereat and &# she later voted on election day !"eb 1, 1<::# in Pananga, Beyte.F 4hether or not Abella can assu'e position of governor by virtue of Section % $A %%2%.

,-

,istinction =etween Duo <arranto in ?lective and Appointive @ffice

'bella v. #*+ELE# $unga v. #*+ELE#

,-:= $#R' -/<2 ,-99 $#R' 0;2

CASES:
ABELLA $s. COMELEC FAC3S 9nitially, Silvestre dela Cru, !Ben;a'in Abella (as allo(ed to intervene# filed a petition (ith the C.A>B>C to dis-ualify petitioner Barra,abal fro' running as governor of Beyte on the ground that she 'isrepresented her residence in her certificate of candidacy as Pananga, Beyte. 9t (as alleged that she (as in fact a resident of .r'oc City li*e her husband (ho (as earlier dis-ualified fro' running for the sa'e office. 7he C.A>B>C granted the petition. Ho(ever, (hen the Co''ission granted the decision, Barra,abal (as already proclai'ed the @overnor, hence, (hen she (as dis-ualified, Abella, (ho gathered the second highest votes in the said area, sought to ta*e his oath as governor of Pananga, Beyte. 7he petitioner, ho(ever, avers that the C.A>B>C decision is erroneous (hen it relied on the provisions of the "a'ily Code to rule that the petitioner lac*s the re-uired residence to -ualify her to run for the position of governor of Beyte. She opines that under Ithe >lection Ba(, the 'atter of deter'ination of the $>S9D>NC> is 'ore on the principle of 9N7>N79.N, the ani'us revertendi rather than anything else.I 9n this regard she states that ... Iher subse-uent physical transfer of residence to .r'oc City thereafter, did not necessarily erased !sic# or re'oved her Pananga residence, for as long as she had the AN9A5S $>?>$7>ND9 evidenced by her continuous and regular acts of returning there in the course of the years, although she had physically resided at .r'oc City.I

ISS4ES 4hether or not the candidate (ho got the second highest vote 'ay be proclai'ed as governor (hen the candidate for such position (as dis-ualified. 4hether or not the petitioner is a registered voter of Pananga, Beyte Ethe petitioner insists that she is such a registered voter based on the follo(ing antecedents3 1 She

HELD 9ssue Q13 7he Supre'e Court held that (hile it is true that S=C No. ::0M2% (as originally a petition to deny due course to the certificate of candidacy of Barra,abal and (as filed before Barra,abal could be proclai'ed, the fact re'ains that the local elections of "ebruary 1, 1<:: in the province of Beyte proceeded (ith Barra,abal considered as a bona fide candidate. 7he voters of the province voted for her in the sincere belief that she (as a -ualified candidate for the position of governor. Her votes (ere counted and she obtained the highest nu'ber of votes. 7he net effect is that the petitioner lost in the election. He (as repudiated by the electorate. As regards the principle of AN9A5S $>?>$7>ND9 E"aypon v. Ruirino3EAFere absence fro' oneGs residence or origin0 do'icile0to pursue studies, engage in business, or practice his avocation, is not sufficient to constitute abandon'ent or loss of such residence.G 7he deter'ination of a persons legal residence or do'icile largely depends upon intention (hich 'ay be inferred fro' his acts, activities and utterances. 7he party (ho clai's that a person has abandoned or left his residence or origin 'ust sho( and prove pre0ponderantly such abandon'ent or loss.F 9n the instant case, there is no evidence to prove that the petitioner te'porarily left her residence in Pananga, Beyte in 1<1M to pursue any calling, profession or business. 4hat is clear is that she established her residence in .r'oc City (ith her husband and considers herself a resident therein. 7he intention of ani'us revertendi not to abandon her residence in Pananga, Beyte therefor, is nor present. 7he fact that she occasionally visits Pananga, Beyte through the years does not signify an intention to continue her residence therein. 9t is co''on a'ong us "ilipinos to often visit places (here (e for'erly resided specially so (hen (e have left friends and relatives although for intents and purposes (e have already transferred our residence to other places. 9ssue Q 3 4e find the version pressed by respondent un(orthy of belief. 7he story is 'ar*ed by so 'any bi,arre circu'stances not consistent (ith the ordinary course of events or the natural behavior of persons. A'ong these are3 !1# 7he application for cancellation of registration by respondent Adelina D. Barra,abal happened to be 'isplaced by a cler* in the >lection $egistrarGs .ffice for .r'oc City so it (as not sent to the Board of >lection 9nspectors in a sealed envelope) ! # 7he Ginadverter'entG !sic# 'isplace'ent (as discovered only on January <,1<::) !&# 7he voterGs affidavit (as delivered by itself (ithout any endorse'ent or covering letter fro' the >lection $egistrar or anybody else) !2# 7he election cler* delivered the application for cancellation only to(ards the last hour of the revision day, allegedly at 23&L =.A., January <, 1<::) !M# All the 'e'bers of the B>9 had already signed the Ainutes indicating that no revision of the voterGs list (as 'ade as of M3LL =A !%# 7he poll cler* and the third 'e'ber prepared another 'inutes stating that the election cler* had delivered the application for cancellation at 23&L =.A. (ithout any reference to the 'inutes
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they had previously signed) !1# >'eterio Barra,abal, (ho (as supposed to have registered in =recinct 11, Aaha(an, Pananga, (as supposed to have filled up an application for cancellation of his registration in =recinct No. 1M, .r'oc City at =recinct 11 concurrent (ith his registration. His application for cancellation (as never sub'itted in evidence. !:# 7he serial nu'ber of the voterGs affidavits of the spouses Barra,abal in =recinct No. 11 are far re'oved fro' the serial nu'bers of the other ne( registrants in Nove'ber :, 1<:1 in the sa'e precinct. 7he 'ost telling evidence is the list of voters, that the Chair'an and the poll cler* had (ritten in =art 99 of the sa'e, closed by the signatures of both officials sho(ing that there (ere only < additional registered voters in =recinct 11, petitioner (as not there. 9t (as only on "ebruary 1M, 1<::, or t(o (ee*s after the election day that the sa'e $egistrar certified for the first ti'e that there (ere t(o voters lists, the first (ithout the na'es of the Barra,abals and the second, (hich appeared only after "ebruary 1, sub'itted by the Chair'an of the Board for =recinct 11 (hich contained the spouses Barra,abalsG na'es. "ailing in her contention that she is a resident and registered voter of Pananga, Beyte, the petitioner poses an alternative position that her being a registered voter in .r'oc City (as no i'pedi'ent to her candidacy for the position of governor of the province of Beyte. Section 1 , Article C of the Constitution provides3 $elating therefore, section :< of $.A. 11< to section 1 , Article C of the Constitution one co'es up (ith the follo(ing conclusion3 that .r'oc City (hen organi,ed (as not yet a highly0urbanned city but is, nevertheless, considered independent of the province of Beyte to (hich it is geographically attached because its charter prohibits its voters fro' voting for the provincial elective officials. 7he -uestion no( is (hether or not the prohibition against the GcityGs registered votersG electing the provincial officials necessarily 'ean, a prohibition of the registered voters to be elected as provincial officials. 7he argu'ent is untenable. Section 1 , Article C of the Constitution is e6plicit in that aside fro' highly0urbani,ed cities, co'ponent cities (hose charters prohibit their voters fro' voting for provincial elective officials are independent of the province. 9n the sa'e provision, it provides for other co'ponent cities (ithin a province (hose charters do not provide a si'ilar prohibition. Necessarily, co'ponent cities li*e .r'oc City (hose charters prohibit their voters fro' voting for provincial elective officials are treated li*e highly urbani,ed cities (hich are outside the supervisory po(er of the province to (hich they are geographically attached. 7his independence fro' the province carries (ith it the prohibition or 'andate directed to their registered voters not to vote and be voted for the provincial elective offices. 7he resolution in @.$. No. :L11% entitled =eralta v. 7he Co''ission on >lections, et al. dated Dece'ber 1L, 1<:1 applies to this case. 4hile the cited case involves .longapo City (hich is classified as a highly urbani,ed city, the sa'e principle is applicable. Aoreover, Section :< of $epublic Act 11<, independent of the constitutional provision, prohibits registered voters of .r'oc City fro' voting and being voted for elective offices in the province of Beyte. 4e agree (ith the C.A>B>C en banc that Ithe phrase Gshall not be -ualified and entitled to vote in the election of the provincial governor and the 'e'bers of the provincial board of the =rovince of BeyteG connotes t(o prohibitions one, fro' running for and the second, fro' voting for any provincial elective official.I

7he petitioner ta*es e6ception to this interpretation. She opines that such interpretation is I(rong >nglishI since no(here in the provision is there any reference to a prohibition against running for provincial elective office. She states that if the prohibition to run (as indeed intended, the provision should have been phrased IShall not be -ualified 7. $5N in the election ".$ provincial governor.I A co''a should have been used after the (ord -ualified and after the (ord IvoteI to clearly indicate that the phrase Iin the election of the provincial governorI is 'odified separately and distinctly by the (ords Inot -ualifiedI and the (ords Inot entitled to vote.I 7he Court finds the petitionerGs interpretation fallacious. 9n the case of Aapa v. Arroyo, the con;unction and bet(een the phrase shall not be -ualified and entitled to vote refer to t(o prohibitions as ruled by the C.A>B>C in relation to the de'onstrative phrase Iin the election of the provincial governor and the 'e'bers of the provincial board of the =rovince of Beyte.I 9ssue Q&3 Abella clai's that the "rivaldo and Babo cases (ere 'isapplied by the C.A>B>C. According to hi' these cases are funda'entally different fro' S=C No. ::0M2% in that the "rivaldo and Babo cases (ere petitions for a -uo (arranto filed under section M& of the .'nibus Code, contesting the eligibility of the respondents after they had been proclai'ed duly elected to the .ffice fro' (hich they (ere sought to be unseated (hile S=C No. ::0M2% (hich (as filed before procla'ation under section 1: of the .'nibus >lection Code sought to deny due course to Barra,abalGs certificate of candidacy for 'aterial 'isrepresentations and (as seasonably filed on election day. He, therefore, avers that since under section % of $epublic Act %%2% it is provided therein that3 Any candidate (ho has been declared by final ;udg'ent to be dis-ualified shall not be voted for, and the votes case for hi' shall not be counted. 7he votes cast in favor of Barra,abal (ho obtained the highest nu'ber of votes are not considered counted 'a*ing her a non0candidate, he, (ho obtained the second highest nu'ber of votes should be installed as regular @overnor of Beyte in accordance (ith the CourtGs ruling in @.$. No. ::LL2. 4hile it is true that S=C No. ::0M2% (as originally a petition to deny due course to the certificate of candidacy of Barra,abal and (as filed before Barra,abal could be proclai'ed the fact re'ains that the local elections of "ebruary 1, 1<:: in the province of Beyte proceeded (ith Barra,abal considered as a bona0fide candidate. 7he voters of the province voted for her in the sincere belief that she (as a -ualified candidate for the position of governor. Her votes (ere counted and she obtained the highest nu'ber of votes. 7he net effect is that the petitioner lost in the election. He (as repudiated by the electorate. 9n the "rivaldo and Babo cases, this is precisely the reason (hy the candidates (ho obtained the second highest nu'ber of votes (ere not allo(ed to assu'e the positions vacated by "rivaldo the governorship of Sorsogon, and Babo, the position of 'ayor in Baguio City. 7he nature of the proceedings therefore, is not that co'pelling. 4hat 'atters is that in the event a candidate for an elected position (ho is voted for and (ho obtains the highest nu'ber of votes is dis-ualified for not possessing the eligibility re-uire'ents at the ti'e of the election as provided by la(, the candidate (ho obtains the second highest nu'ber of votes for the sa'e position can not assu'e the vacated position. 9t should be stressed that in @.$. No. ::LL2, the Court set aside the dis'issal of S=C No. ::0M2%, and directed the
Election law 40

C.A>B>C to conduct hearings to deter'ine (hether or not Barra,abal (as -ualified to be a candidate for the position of governor in the province of Beyte. 7his is the i'port of the decision in @.$. No. ::LL2. 7hus, the Court ruled in the case of Babo, Jr. v. Co''ission on >lections3 "inally, there is the -uestion of (hether or not the private respondent, (ho filed the -uo (arranto petition, can replace the petitioner as 'ayor. He cannot. 7he si'ple reason is that as he obtained only the second highest nu'ber of votes in the election, he (as obviously not the choice of the people of Baguio City. 3,e latest "ulin% o( t,e Cou"t on t,is issue is Santos $. Co ission on Elections1 decided in &';<. In t,at case1 t,e candidate -,o 0laced second -as 0"oclai ed elected a(te" t,e $otes (o" ,is -innin% "i$al1 -,o -as dis=uali(ied as a tu"ncoat and conside"ed a non> candidate1 -e"e all dis"e%a"d as st"a.. In e((ect1 t,e second 0lace" -on !. de(ault. 3,at decision -as su00o"ted !. ei%,t e !e"s o( t,e Cou"t t,en1 -it, t,"ee dissentin% and anot,e" t-o "ese"$in% t,ei" $ote. One -as on o((icial lea$e. ... it (ould be e6tre'ely repugnant to the basic concept of the constitutionally guaranteed right to suffrage if a candidate (ho has not ac-uired the 'a;ority or plurality of votes is proclai'ed a (inner and i'posed as the representative of a constituency, the 'a;ority of (hich have positively declared through their ballots that they do not choose hi'. Sound policy dictates that public elective offices are filled by those (ho have received the highest nu'ber of votes cast in the election for that office, and it is a funda'ental idea in all republican for's of govern'ent that no one can be declared elected and no 'easure can be declared carried unless he or it receives a 'a;ority or plurality of the legal votes cast in the election. 7he fact that the candidate (ho obtained the highest nu'ber of votes is later declared to be dis-ualified or not eligible for the office to (hich he (as elected does not necessarily entitle the candidate (ho obtained the second highest nu'ber of votes to be declared the (inner of the elective office. 7he votes cast for a dead, dis-ualified, or non0eligible person 'ay not be valid the vote the (inner into office or 'aintain hi' there. Ho(ever the absence of a statute (hich clearly asserts a contrary politics and legislative policy on the 'atter, if the votes (ere cast in the sincere belief that the candidate (as alive, -ualified, or eligible, they should not be treated as stray, void or 'eaningless. 9n su', the Court does not find any reason to reverse and set aside the -uestioned decision and resolution of the C.A>B>C. 7he C.A>B>C has not acted (ithout or in e6cess of ;urisdiction or in grave abuse of discretion. S4#5A $s. COMELEC

inti'idation, terroris' and other for's of coercion. 7his (as follo(ed by an A'ended =etition for dis-ualification consolidating the charges in the t(o ! # letters0co'plaint, including vote buying, and providing 'ore specific details of the violations co''itted by 7rinidad. Aean(hile, the election results sho(ed that 7rinidad garnered the highest nu'ber of votes, (hile Sunga trailed second. .n 1L Aay 1<<M Sunga 'oved for the suspension of the procla'ation of 7rinidad. Ho(ever, not(ithstanding the 'otion, 7rinidad (as proclai'ed the elected 'ayor, pro'pting Sunga to file another 'otion to suspend the effects of the procla'ation. Both 'otions (ere not acted upon by the C.A>B>C nd Division. C.A>B>C Ba( Depart'ent sub'itted its $eport to the C.A>B>C >n Banc reco''ending that 7rinidad be charged in court for violation of the penal provisions of the .'nibus >lection Code to (hich the C.A>B>C >n Banc approved and directed the filing of the corresponding infor'ations in the $egional 7rial Court against 7rinidad. Accordingly, four !2# infor'ation for various elections offenses (ere filed in the $egional 7rial Court of 7uguegarao, Cagayan. 9n its 11 Aay 1<<% $esolution, the C.A>B>C nd Division dis'issed the petition for dis-ualification stating that +as interpreted in the case of Silvestre v. Duavit, S=A <20LL&, $esolution No. LML provides for the outright dis'issal of the dis-ualification case in three cases3 !1# 7he dis-ualification case (as filed before the election but re'ains unresolved until after the election) ! # 7he dis-ualification case (as filed after the election and before the procla'ation of (inners) and !&# 7he dis-ualification case (as filed after election and after procla'ation.

Issue: 4hether or not C.A>B>C can hear and decide dis-ualification cases against (inning candidates even after the election. Held: 7hat the A'ended =etition (as filed only on 11 Aay 1<<M, or after the elections, is of no conse-uence. 9t (as 'erely a reiteration of the charges filed by petitioner against private respondent on % April 1<<M and 1 Aay 1<<M or before the elections. Conse-uently, the A'ended =etition retroacted to such earlier dates. An a'end'ent (hich 'erely supple'ents and a'plifies facts originally alleged in the co'plaint relates bac* to the date of the co''ence'ent of the action and is not barred by the statute of li'itations (hich e6pired after the service of the original co'plaint.

FAC3S: Aanuel C. Sunga (as one of the candidates for the position of Aayor in the Aunicipality of 9guig, =rovince of Cagayan, in the : Aay 1<<M elections. =rivate respondent "erdinand B. 7rinidad, then incu'bent 'ayor, (as a candidate for re0 election in the sa'e 'unicipality. .n April ,1<<M Sunga filed a letter0co'plaint (ith the C.A>B>C for the dis-ualification of 7rinidad for having used & govern'ent vehicles for the latter8s candidacy. Another letter co'plaint (as filed by Sunga in addition to the first on Aay 1,1<<M charging 7rinidad this ti'e of threat,

4e discern nothing in C.A>B>C $esolution No. LML declaring, ordering or directing the dis'issal of a dis-ualification case filed before the election but (hich re'ained unresolved after the election. 4hat the $esolution 'andates in such a case is for the Co''ission to refer the co'plaint to its Ba( Depart'ent for investigation to deter'ine (hether the acts co'plained of have in fact been co''itted by the candidate sought to be dis-ualified. 7he findings of the Ba( Depart'ent then beco'e the basis for dis-ualifying the erring candidate. 7his is totally different fro' the other t(o situations conte'plated by $esolution No. LML, i.e., a dis-ualification case filed after the election but before the procla'ation of (inners and that filed after the election and the procla'ation of (inners, (herein it (as specifically directed by the sa'e $esolution to be dis'issed
Election law 41

as a dis-ualification case. Aoreover, $esolution No. LML as interpreted in Silvestre v. Duavit infringes on Sec. % of $A No. %%2%, E1LF (hich provides3 S>C. %. >ffects of Dis-ualification Case. 0 Any candidate (ho has been declared by final ;udg'ent to be dis-ualified shall not be voted for, and the votes cast for hi' shall not be counted. 9f for any reason a candidate is not declared by final ;udg'ent before an election to be dis-ualified and he is voted for and receives the (inning nu'ber of votes in such election, the Court or Co''ission shall continue (ith the trial and hearing of the action, in-uiry or protest and, upon 'otion of the co'plainant or any intervenor, 'ay during the pendency thereof order the suspension of the procla'ation of such candidate (henever the evidence of his guilt is strong !underscoring supplied#. Clearly, the legislative intent is that the C.A>B>C should continue the trial and hearing of the dis-ualification case to its conclusion, i.e., until ;udg'ent is rendered thereon. 7he (ord +shall/ signifies that this re-uire'ent of the la( is 'andatory, operating to i'pose a positive duty (hich 'ust be enforced. 7he i'plication is that the C.A>B>C is left (ith no discretion but to proceed (ith the dis-ualification case even after the election. 7hus, in providing for the outright dis'issal of the dis-ualification case (hich re'ains unresolved after the election, Silvestre v. Duavit in effect disallo(s (hat $A No. %%2% i'peratively re-uires. 7his a'ounts to a -uasi0;udicial legislation by the C.A>B>C (hich cannot be countenanced and is invalid for having been issued beyond the scope of its authority. 9nterpretative rulings of -uasi0;udicial bodies or ad'inistrative agencies 'ust al(ays be in perfect har'ony (ith statutes and should be for the sole purpose of carrying their general provisions into effect. By such interpretative or ad'inistrative rulings, of course, the scope of the la( itself cannot be li'ited. 9ndeed, a -uasi0;udicial body or an ad'inistrative agency for that 'atter cannot a'end an act of Congress. Hence, in case of a discrepancy bet(een the basic la( and an interpretative or ad'inistrative ruling, the basic la( prevails. 7he Supre'e Court ruled that C.A>B>C is left (ith no discretion but to proceed (ith the dis-ualification case even after the election. 7he fact that 7rinidad (as already proclai'ed and has assu'ed the position of 'ayor did not divest the C.A>B>C of authority and ;urisdiction to continue the hearing and eventually decide the dis-ualification case. 7he fact that the candidate (ho obtained the highest nu'ber of votes is later dis-ualified for the office to (hich he (as elected does not entitle the candidate (ho obtained the second highest nu'ber of votes to be declared the (inner of the elective office. Hence, Sunga cannot clai' the right to ta*e the oath for the 'ayoral office because the Bocal @overn'ent Code clearly provides that in case of dis-ualification of the one proclai'ed for the said office, the vice0'ayor shall assu'e office.

'smala v. #*+ELE# Cacate v. #*+ELE# +arch =, -::=2

,-91 $#R' 0.;2 ,4.R. 6o. =..;09,

$antos v. #*+ELE# ,4.R. 6o. =//;=9, +arch -;, -::<2

CASES:
ROBER3O D. RAMAS1 FRA#CISCO #. ORAI:1 9R.1 BE#ERA#DO F. MIRA#DA1 5EOR5E V. BA3ER#A1 3OMAS R. LACIERDA1 SR.1 and PEDRO 3. CALIMO31 9R. vs. COMMISSIO# O# ELEC3IO#S1 RA4L F. FAMOR1 PO#CIA#O P. CA9E3A1 MERLY# 4. RABE1 CRESE#CIA C. BOISER1 ED5AR S. REVELO1 and 94LIE3O B. MABASCO5 Facts: 7he petitioners and the private respondents (ere the official candidates of the Nationalist =eopleGs Coalition !N=C# and the Ba*as0N5CD, respectively, for the elective 'unicipal positions of @uipos, Na'boanga del Sur, in the elections of : Aay 1<<M. After the canvass of the election returns, the Aunicipal Board of Canvassers of @uipos declared and proclai'ed the petitioners as the duly elected 'unicipal officials. $espondents $aul ". "a'or and =onciano =. Ca;eta, the losing candidates for 'ayor and vice 'ayor, respectively, as (ell as Aerlyn 5. $abe, Crescencia C. Boiser, >dgar S. $evelo, and Julieto B. Aabascog, the <th, 1Lth, 11th, and 1 th placers, respectively, for 'e'bers of the SB, seasonably filed separate election protests (ith the $7C of =agadian City. 7he t"ial cou"t rendered a 1L&0page decision declaring petitioner Airanda and all the private respondents e6cept Aabascog as (inners. "a'or, Ca;eta, $abe, $evelo and Boiser filed a Aotion for 9''ediate >6ecution of Decision =ending Appeal. 7he petitioners filed their .pposition to the Aotion for 9''ediate >6ecution. 7rial court issued an order granting the 'otion for e6ecution pending appeal. =etitioners assailed the trial courtGs order granting e6ecution pending appeal in a =etition for Certiorari and =rohibition (ith =rayer for =reli'inary 9n;unction andSor 7e'porary $estraining .rder filed (ith the C.A>B>C. A 7e'porary $estraining .rder (as forth(ith issued. COMELEC pro'ulgated a $esolution denying the petition. 9t e6plained that3 666 public interest and the pendency of the protest for one !1# year !sic# sufficient to grant e6ecution pending appeal. 9n election cases, over and above the clai's of the respective contestants is the deep public interest involved, the need to i'peratively deter'ine the correct e6pression of the (ill of the electorate. So 'uch so that la(s governing election protest 'ust be literally !sic# interpreted to the end that the popular (ill e6pressed in the election of public officers (ill not, by reason of purely technical ob;ections, be defeated. Issue: 4.N the C.A>B>C acted (ith grave abuse of discretion in rendering the challenged resolution. #O Held:
Election law 42

?-

?.ecution *ending Appeal

Ramos v. #*+ELE#

,-9; $#R' =912

7his Cou"t has e6plicitly recogni,ed and given approval to e6ecution of ;udg'ents pending appeal in election cases filed under e6isting election la(s. 9n those cases, the i''ediate e6ecution (as 'ade in accordance (ith Section of $ule &< of the $ules of Court. All that (as re-uired for a valid e6ercise of the discretion to allo( e6ecution pending appeal (as that the i''ediate e6ecution should be based Iupon good reasons to be stated in a special order. 9n a nutshell, the follo(ing constitute Igood reasons,I and a co'bination of t(o or 'ore of the' (ill suffice to grant e6ecution pending appeal3 !1# the public interest involved or the (ill of the electorate) ! # the shortness of the re'aining portion of the ter' of the contested office) and !&# the length of ti'e that the election contest has been pending. In t,e instant case1 t,e t"ial cou"t "elied on t,e (ollo-in% as C%ood "easonsC for its grant of e6ecution pending appeal3 !1# public interest, ! # near e6piration of the ter' of the office involved, and !&# pendency of the election protest for one year. 7he trial court cannot, therefore, be said to have acted (ith grave abuse of discretion. Hence, the C.A>B>C acted correctly. ASMALA $. COMELEC ? e/ecution 0endin% a00eal@

perfecting an appeal as in the case at bench, the filing of notice of appeal by the opposing party is of no 'o'ent and does not divest the trial court of its ;urisdiction to resolve the 'otion for i''ediate e6ecution of the ;udg'ent pending appeal because the court 'ust hear and resolve it for it (ould beco'e part of the records to be elevated on appeal. Since the court has ;urisdiction to act on the 'otion at the ti'e it (as filed, that ;urisdiction continued until the 'atter (as resolved and (as not lost by subse-uent action of the opposing party. An appeal is perfected upon e6piration of the last day to appeal by any party and it is not perfected on the date notice of appeal (as filed. 7hus trial court still has ;urisdiction over the case because as to As'ala, appeal (as not yet perfected. 9n such scenario, the trial court had the ;urisdiction and co'petence to act on As'ala8s 'otion for e6ecution pending appeal. 4herefore, the resolution of co'elec is set aside and special order of $7C is reinstated. :ACA3E $s. COMELEC ? 5.R. #o. &EE*+;1 Ma". &1 )88& @ +>lection Contests, >. >6ecution =ending Appeal/ Facts: =etitioner Javier >. Nacate and private respondent 7hel'a C. Baldado (ere candidates for the position of Aayor in the Aunicipality of Sulat, >astern Sa'ar, in the Aay, 1<<: elections. 7he Aunicipal Board of Canvassers, proclai'ed private respondent as the duly elected 'ayor having garnered ,<M: votes as against the ,11< votes of petitioner, private respondent (inning by &< votes. =etitioner filed an election protest before the $egional 7rial Court of Borongan, Sa'ar. 7he trial court declared petitioner as the duly elected Aayor (ith only one vote as his (inning 'argin. .n the sa'e date private respondent filed a notice of appeal. 7he follo(ing day, petitioner filed a Aotion for 9''ediate >6ecution of Judg'ent =ending Appeal (hich private respondent opposed on the ground that she had already perfected her appeal. 7he trial court rendered a Supple'ental Decision, correcting the (inning 'argin of petitioner to votes instead of 1 vote and at the sa'e ti'e denied the 'otion for e6ecution of ;udg'ent pending appeal filed by petitioner and ordered further the trans'ission of the co'plete records of the protest case to the Co'elec. =etitioner then filed a Aotion for =artial $econsideration to reverse denial of his 'otion for e6ecution pending appeal. After hearing, the trial court issued a $esolution reversing its Supple'ental Decision. 7he $esolution ruled that the trial court still had ;urisdiction over the 'otion for e6ecution pending appeal, that there are good and valid reasons for granting the sa'e. Issue: 4hether or not the trial court has ;urisdiction of the case and (hether or not discretionary e6ecution is proper. Held: Discretionary e6ecution is barred (hen the trial court loses ;urisdiction and this occurs (hen all the parties have filed their respective appeals or (hen the period to appeal has lapsed for those (ho did not file their appeals and (hen the court is no longer in possession of the records of the case. 7he perfection of an appeal (ithin the statutory or regle'entary period is not only 'andatory but also ;urisdictional and failure to so renders the -uestioned decision final and e6ecutory, and deprives the appellate court or body of ;urisdiction to alter the final ;udg'ent 'uch less to entertain the appeal. 4hile petitioner ti'ely filed 'otion for e6ecution pending appeal, petitioner belatedly filed the 'otion for reconsideration of the denial of his 'otion for e6ecution pending appeal rendering said denial final and e6ecutory. 4hile the Supple'ental Decision (rongly denied
Election law 43

Facts: 9n the election for the position of vice 'ayor for the 'unicipality of 7uburan, Basilan, the canvass of votes indicated that3 Had;i Hisni Aoha''ad garnered &, L%M, >''anuel Alano , <1 and Hali' As'ala , M2 votes. As a result, Aoha''ad (as proclai'ed and later assu'ed office of vice 'ayor of 7uburan. .n Aay , 1<<M, As'ala filed an election protest (ith $7C of Basilan on the grounds of fraud and irregularities. During hearing the court found at that there are irregularities and conse-uently invalidated such ballots. $7C rendered its decision crediting As'ala (ith , 1&L, Aoha''ad (ith 1, 1 < and Alano 1, < L, ad;udging As'ala the duly elected vice 'ayor of 7uburan, Basilan. After pro'ulgation of decision, Aoha''ad filed his notice of appeal (ith $7C. .n the follo(ing date As'ala filed a Aotion for >6ecution =ending Appeal. 7hereto =rivate Aoha''ad interpose his opposition theori,ing that his perfected appeal divested the trial court of ;urisdiction to resolve the 'otion for e6ecution pending appeal. .n Aarch :, 1<<M, after due hearing the trial court ca'e (ith Special order granting the 'otion for e6ecution pending appeal and instructing the sheriff to install As'ala as vice 'ayor after the latter8s procla'ation by co'elec and ta*ing oath of office. Aoha''ad filed a 'otion for certiorari (ith co'elec theori,ing that the special order of $7C (as issued (ithout or in e6cess of ;urisdiction considering that his notice of appeal (as perfected. C.A>B>C granted the petition of Aoha''ad and set aside the order of $7C. Aoha''ad 'oved for the e6ecution of Co'elec order and co'elec issued the (rit of e6ecution. As'ala file a supple'ental petition, praying for te'porary restraining order to forestall i'ple'entation of the C.A>B>C resolution. Issue: (Sn the 'ere filing of a notice of appeal divest $7C of its ;urisdiction over the case and resolve pending incidents. Rulin%: 7he settled rule is that the 'ere filing of a notice of appeal does not divest the trial court of its ;urisdiction over a case and resolve pending incidents. 4here the 'otion for e6ecution pending appeal (as filed (ithin the regle'entary period for

petitioner8s 'otion for e6ecution pending appeal, the re'edy left for petitioner then (as to ti'ely see* relief fro' the erroneous ruling. 7his petitioner failed to do. ED5AR Y. SA#3OS1 petitioner, vs. COMMISSIO# O# ELEC3IO#S ?FIRS3 DIVISIO#@ and PEDRO F. PA#4LAYA1 respondents. FAC3S: =etitioner >dgar D. Santos and respondent =edro R. =anulaya (ere both candidates for Aayor of the Aunicipality of Balingoan, Aisa'is .riental in the Aay 12, LL1 elections. .n Aay 1%, LL1, after the votes (ere counted and canvassed, the Aunicipal Board of Canvassers proclai'ed respondent =anulaya as the duly elected Aayor. Santos filed an election protest before the $egional 7rial Court of Aisa'is .riental. After trial and revision of the ballots, the trial court found that Santos garnered ,1:1 votes (hile =anulaya received only ,1LM. Hence, on April , LL , it rendered ;udg'ent declaring and proclai'ing protestantSpetitioner Santos as the duly elected Aunicipal Aayor of Balingoan, Aisa'is .riental, in the 'ayoralty elections held on Aay 12, LL1 (ith the plurality of 1% votes over and setting aside as null and void the procla'ation of =anulaya 'ade by the Aunicipal Board of Canvassers on Aay 1%, LL1 Santos thereafter filed a 'otion for e6ecution pending appeal. Aean(hile, before the trial court could act on petitioner8s 'otion, =anulaya filed (ith the C.A>B>C a petition for certiorari assailing the decision of the trial court. Bi*e(ise =anulaya appealed the trial court8s decision to the C.A>B>C. 7he C.A>B>C issued a 4rit of =reli'inary 9n;unction, (hich effectively en;oined the trial court fro' acting on petitioner8s 'otion for e6ecution pending appeal. Subse-uently, C.A>B>C dis'issed the (rit of preli'inary in;unction after finding that the trial court did not co''it grave abuse of discretion in rendering the assailed ;udg'ent. C.A>B>C also held that the re'edy fro' the decision of the court a -uo (as to file a notice of appeal, (hich =anulaya precisely did. Hence, it directed the trial court to dispose of all pending incidents in election protest of Santos. 7hus, the trial court issued an .rder (hich upheld and approved the Aotion for >6ecution =ending Appeal. "urther, the Court directed and ordered the i''ediate e6ecution of the Decision pro'ulgated on April 1:, LL , and as prayed for install SAN7.S as the duly elected Aayor to ta*e his oath of office and assu'e the functions and duties of Aayor after he shall have filed a bond of .ne Hundred 7housand =esos !=1LL,LLL.LL#. After Santos posted the re-uired bond, the trial court issued the 4rit, installing Santos as Aunicipal Aayor. Accordingly, Santos too* his oath of office and thereafter assu'ed the duties and functions of his office. =anulaya then filed (ith the C.A>B>C a 'otion for reconsideration of the dis'issal of his petition. After five days, he filed a supple'ental petition and prayed that the resolution, order and (rit of e6ecution be set aside. He further prayed that in the event that the C.A>B>C has carried out its .rder of ousting =anulaya fro' his position as Aayor of Balingoan, Aisa'is .riental, that the sa'e be nullified and considered of no legal effect and that a S7A75S R5. AN7> .$D>$ be issued by C.A>B>C in order to reinstate the =anulaya to his rightful position as Aayor. Barely t(o days later, and (hile his 'otion for reconsideration and supple'ental petition (ere pending, =anulaya filed another petition (ith the C.A>B>C (hich contained the sa'e prayer, that such be set aside i''ediately upon filing of the petition. C.A>B>C issued the assailed .rder directing the parties to 'aintain the status -uo ante and en;oining Santos fro' assu'ing the functions of Aayor until further orders fro' the

Co''ission. Santos filed a 'otion for reconsideration of the above .rder. Ho(ever, the C.A>B>C "irst Division did not refer the said 'otion to the C.A>B>C >n Banc. Hence, petitioner, citing the ruling in Pho v. C.A>B>C, brought the instant special civil action for certiorari (ith the Supre'e Court. Aean(hile, Santos filed an .'nibus Aotion to dissolve the status -uo order as it (as based on an unverified and dis'issed petition (ith pending 'otion for reconsideration and to refer this 'otion to the Co''ission >n Banc. C.A>B>C issued a $esolution setting aside the decision of the court and en;oined Santos fro' assu'ing functions as 'ayor until the final deter'ination of the election appeal case. ISS4E: 4hether or not the C.A>B>C co''itted grave abuse of discretion in giving due course on =anulayaGs petition despite the clear sho(ing of his guilt of foru'0shopping) and in setting aside the trial court8s order granting e6ecution pending appeal. HELD: D>S Considering that =anulaya (as indubitably guilty of foru'0 shopping (hen he filed a (holly separate petition for certiorari (herein he pleaded the sa'e reliefs prayed for in the supple'ental petitition, his petition should have been dis'issed outright by the C.A>B>C. 7he petition assailed the trial court8s orders for the e6ecution of its decision pending appeal. 7he grant of e6ecution pending appeal (as (ell (ithin the discretionary po(ers of the trial court. 9n order to obtain the annul'ent of said orders in a petition for certiorari, it 'ust first be proved that the trial court gravely abused its discretion. He should sho( not 'erely a reversible error co''itted by the trial court, but a grave abuse of discretion a'ounting to lac* or e6cess of ;urisdiction. I@rave abuse of discretionI i'plies such capricious and (hi'sical e6ercise of ;udg'ent as is e-uivalent to lac* of ;urisdiction, or (here the po(er is e6ercised in an arbitrary or despotic 'anner by reason of passion or personal hostility (hich 'ust be so patent and gross as to a'ount to an invasion of positive duty or to a virtual refusal to perfor' the duty en;oined or to act at all in conte'plation of la(. Aere abuse of discretion is not enough. Supre'e Court found that no grave abuse of discretion (as co''itted by the trial court. 9n its order granting e6ecution pending appeal, it held3 9t is of ;udicial notice that for the public official elected last Aay 12, LL1 elections only a short period is left. $elative to this Court8s ;urisdiction over the instant case, the settled rule that the 'ere filing of the notice of appeal does not divest the trial court of its ;urisdiction over the case and to resolve pending incidents, i.e., 'otion for e6ecution pending appeal !As'ala vs. C.A>B>C, :< SC$A 12M# need not be overe'phasi,ed. Supre'e Court disagreed (ith the C.A>B>C for setting aside the aforesaid order, saying that shortness of ter' alone is not a good reason for e6ecution of a ;udg'ent pending appeal. 4hile it (as indeed held that shortness of the re'aining ter' of office and posting a bond are not good reasons, it (as clearly stated in "er'o v. C.A>B>C that +A valid e6ercise of the discretion to allo( e6ecution pending appeal re-uires that it should be based Iupon good reasons to be stated in a special order.I 7he follo(ing constitute Igood reasonsI and a co'bination of t(o or 'ore of the' (ill suffice to grant e6ecution pending appeal3 !1.# public interest involved or (ill of the electorate) ! .# the shortness of the re'aining portion of the ter' of the contested office) and !&.# the length of ti'e that the election contest has been pending !italics supplied#.
Election law 44

7he decision of the trial court in election protest (as rendered after al'ost one year of trial and revision of the -uestioned ballots. 9t found Santos as the candidate (ith the plurality of votes. =anulaya appealed the said decision to the C.A>B>C. 9n the 'eanti'e, the three0year ter' of the .ffice of the Aayor continued to run. 7he (ill of the electorate, as deter'ined by the trial court in the election protest, had to be respected and given 'eaning. 7he Aunicipality of Balingoan, Aisa'is .riental, needed the services of a 'ayor even (hile the election protest (as pending, and it had to be the candidate ;udicially deter'ined to have been chosen by the people. Bet(een the deter'ination by the trial court of (ho of the candidates (on the elections and the finding of the Board of Canvassers as to (ho' to proclai', it is the court8s decision that should prevail.
"Award of ,amages

4hether or not the Co''ission on >lections acted (ith grave abuse of discretion (hen it issued its $esolution of January :, 1<<& reversing the lo(er courtGs ;udg'ent a(arding da'ages to herein petitioner after it had earlier dis'issed >AC No. L0:< for being 'oot and acade'icO Held: 7he Court disagreed (ith petitioner. 9n clarification, the C.A>B>CGs Second Division i''ediately issued an order stating that the protest cases 'entioned in its earlier order only included those cases in (hich the body possessed original ;urisdiction, and hence it (as only the appeal case (hich (as dis'issed for being 'oot and acade'ic. Since the -uestion relating to the lo(er courtGs a(ard of =&LL,:M%.1< could not have been rendered 'oot and acade'ic by the Aay 11, 1<< elections, the C.A>B>C pointed out that the second part of the lo(er courtGs decision (as a 'atter (hich had nothing to do (ith the e6piration of the ter' of office and could not have been dis'issed by the said body. ; chanrobles virtual la( library 9n support of his aver'ents, ho(ever, petitioner cites Dorac vs. Aagalona ' as authority for his clai' that I(hen the appeal is dis'issed, Gthe decision of the lo(er court shall stand,GI &8 and further contends that the follo(ing provision of the $ules of Court should be given suppletory effect, the .'nibus >lection Code and the Co'elec $ules of =rocedure being bereft of any provision defining the effect of dis'issal of cases before the said body. Section , $ule ML of the said $ules states3 Sec. . >ffect of Dis'issal. "ifteen days after the dis'issal of an appeal, the cler* shall return to the court belo( the record on appeal (ith a certificate under the seal of the Court sho(ing that the appeal had been dis'issed. 5pon receipt of such certificate in the lo(er court the case shall stand there as though no appeal had been ta*en, and the ;udg'ent of the said court 'ay be enforced (ith additional costs allo(ed by the court upon dis'issal of the appeal. 9n fine, Section M< of the .'nibus >lection Code 'erely provides for the granting of actual and co'pensatory da'ages in accordance (ith la(. 7hat it (as the intent of the legislature to do a(ay (ith provisions inde'nifying the victorious party for e6penses incurred in an election contest in the absence of a (rongful act or o'ission clearly attributable to the losing party cannot be gainsaid. 7he intent, 'oreover, to do a(ay (ith such provisions 'erely recogni,es the 'a6i', settled in la( that a (rong (ithout da'age or da'age (ithout (rong neither constitutes a cause of action nor creates a civil obligation. "inding no reversible error in the assailed resolution, the instant petition is hereby D9SA9SS>D. L4IS MALAL4A# $s. COMMISSIO# O# ELEC3IO#S and 9OSEPH EVA#5ELIS3A FAC3S: =etitioner Buis Aalaluan and private respondent Joseph >vangelista (ere both 'ayoralty candidates in the Aunicipality of Pidapa(an, North Cotabato, in the Synchroni,ed National and Bocal >lections held on Aay 11, 1<< . =rivate respondent Joseph >vangelista (as proclai'ed by the Aunicipal Board of Canvassers as the duly elected Aayor for having garnered 1L,2<: votes as against petitioner8s <,1< votes. >vangelista (as, thus, said to have a (inning 'argin of 1L% votes. But, on Aay , 1<< , petitioner filed an election protest (ith the $egional 7rial Court contesting %2 out of the total 1:1 precincts of the said 'unicipality. 7he trial court declared petitioner as the duly elected 'unicipal 'ayor of Pidapa(an, North Cotabato (ith a plurality of 1M2 votes. Acting (ithout precedent, the court
Election law 45

'tien&a v. #*+ELE# -:, =11.2

,4. R. 6o. =:9/<<, Dec.

+alaluan v. #*+ELE# ,-/. $#R' <102

CASES:
LO4 A. A3IE#:A1 =etitioner, vs. COMMISSIO# O# ELEC3IO#S and A#3O#IO 5. SIA1 $espondents. Facts: =rivate respondent Antonio @. Sia (as elected 'ayor of the Aunicipality of Aadrile;os, Cebu in the 1<:: local elections obtaining a plurality of 1 % votes over his nearest rival, herein petitioner Bou A. Atien,a. "ollo(ing SiaGs procla'ation by the Aunicipal Board of Canvassers, petitioner filed an election (ith the $egional 7rial Court -uestioning the results of the elections in a nu'ber of precincts in the 'unicipality. .n April 1 , 1<:< the $egional 7rial Court rendered its decision declaring petitioner the (inner of the 'unicipal elections and ordering the private respondent to rei'burse petitioner the a'ount of =&LL,:M%.1< representing petitionerGs e6penses in the election protest. =rivate respondent appealed the trial courtGs decision to the Co''ission on >lections !C.A>B>C# raising as errors 1# the co'putation of the nu'ber of votes received by the candidates) and # the alleged a(ard of Ie6cessive da'agesI in favor of the petitioner. A 7he case (as doc*eted as >AC No. L0 :< and assigned to the C.A>B>CGs Second Division.chanroblesvirtualla(library chanrobles virtual la( library 7he C.A>B>C, en banc, issued an .rder setting aside the preli'inary in;unction and thereby allo(ing petitioner to assu'e as 'ayor of the Aunicipality of Aadrile;os pending resolution of his appeal. E Ho(ever, follo(ing the synchroni,ed elections of Aay 11, 1<< , the =residing Co''issioner of the C.A>B>CGs Second Division issued an .rder dis'issing petitionerGs appeal for being 'oot and acade'ic pursuant to the Co''issionGs decision declaring the election protest and appeal cases 0 as (ell as petitions for special relief 0 arising out of the January 1:, 1<:: elections dis'issed and ter'inated. 7he Second Division of C.A>B>C stated in its .rder that I!t#he election protest cases 'entioned in the aforecited order are those protest cases over (hich the Co''ission has original ;urisdiction. Hence, it is only the appeal case that (as dis'issed for being 'oot and acade'ic.I =etitioner argues that (hen the appeal fro' the trial courtGs decision (as dis'issed for being 'oot and acade'ic, it (as as if Ino appeal had ever been ta*enI and that the trial courtGs decision thereby re'ained Iuntouched,I valid and subsisting. Issue:

found private respondent liable not only for Aalaluan8s protest e6penses but also for 'oral and e6e'plary da'ages and attorney8s fees. .n "ebruary &, 1<<2, private respondent appealed the trial court decision to the C.A>B>C. Just a day thereafter that is, on "ebruary 2, 1<<2, petitioner filed a 'otion for e6ecution pending appeal. 7he 'otion (as granted by the trial court, in an order, dated Aarch :, 1<<2, after petitioner posted a bond in the a'ount of =MLL,LLL.LL. By virtue of said order, petitioner assu'ed the office of AunicipaJ Aayor of Pidapa(an, North Cotabato, and e6ercised the po(ers and functions of said office. Such e6ercise (as not for long, though. 9n the herein assailed decision adverse to Aalaluan8s continued governance of the Aunicipality of Pidapa(an, North Cotabato, the "irst Division of the Co''ission on >lections !C.A>B>C# ordered Aalaluan to vacate the office, said division having found and so declared private respondent to be the duly elected Aunicipal Aayor of said 'unicipality. 7he C.A>B>C en banc affir'ed said decision. Aalaluan filed this petition before us on Aay &1, 1<<M as a conse-uence. 9t is significant to note that the ter' of office of the local officials elected in the Aay, 1<< elections e6pired on June &L, 1<<M. 7his petition, thus, has beco'e 'oot and acade'ic insofar as it concerns petitioner8s right to the 'ayoralty seat in his 'unicipality because e6piration of the ter' of office contested in the election protest has the effect of rendering the sa'e 'oot and acade'ic. 4hen the appeal fro' a decision in an election case has already beco'e 'oot, the case being an election protest involving the office of 'ayor the ter' of (hich had e6pired, the appeal is dis'issible on that ground, unless the rendering of a decision on the 'erits (ould be of practical value. 9ndeed, this petition appears no( to be 'oot and acade'ic because the herein parties are contesting an elective post to (hich their right to the office no longer e6ists. Ho(ever, the -uestion as to da'ages re'ains ripe for ad;udication. 7he C.A>B>C found petitioner liable for attorney8s fees, actual e6penses for 6ero6 copies, and unearned salary and other e'olu'ents fro' Aarch, 1<<2 to April, 1<<M, en '5sse deno'inated as actual da'ages, default in pay'ent by petitioner of (hich shall result in the collection of said a'ount fro' the bond posted by petitioner on the occasion of the grant of his 'otion for e6ecution pending appeal in the trial court. =etitioner naturally contests the propriety and legality of this a(ard upon private respondent on the ground that said da'ages have not been alleged and proved during trial. ISS4E: 4hether or not the C.A>B>C gravely abused its discretion in a(arding the aforecited da'ages in favor of private respondentO HELD: YES. 7he .'nibus >lection Code provides that +actual or co'pensatory da'ages 'ay be granted in all election contests or in -uo (arranto proceedings in accordance (ith la(./ C.A>B>C $ules of =rocedure provide that +in all election contests the Court 'ay ad;udicate da'ages and attorney8s fees as it 'ay dee' ;ust and as established by the evidence if the aggrieved party has included such clai's in his pleadings./ 7his appears to re-uire only that the ;udicial a(ard of da'ages be ;ust and that the sa'e be borne out by the pleadings and evidence. 7he "irst Division of the C.A>B>C ruled on private respondent8s clai' for actual or co'pensatory da'ages in this (ise.

4e find respondent C.A>B>C8s reasoning in a(arding the da'ages in -uestion to be fatally fla(ed. 7he C.A>B>C found the election protest filed by the petitioner to be clearly unfounded because its o(n appreciation of the contested ballots yielded results contrary to those of the trial court. 9n other (ords, the actuations of the trial court, after the filing of a case before it, are its o(n, and any alleged error on its part does not, in the absence of clear proof, 'a*e the suit +clearly unfounded/ for (hich the co'plainant ought to be penali,ed. 9nsofar as the a(ard of protest e6penses and attorney8s fees are concerned, therefore (e find the' to have been a(arded by respondent C.A>B>C (ithout basis, the election protest not having been a clearly unfounded one under the afore'entioned circu'stances. 4e hold that petitioner (as not a usurper because, (hile a usurper is one (ho underta*es to act officially (ithout any color of right, the petitioner e6ercised the duties of an elective office under color of election thereto. 9t 'atters not that it (as the trial court and not the C.A>B>C that declared petitioner as the (inner, because both, at different stages of the electoral process, have the po(er to so proclai' (inners in electoral contests. At the ris* of sounding repetitive, if only to e'phasi,e this point, (e 'ust reiterate that the decision of a ;udicial body is no less a basis than the procla'ation 'ade by the C.A>B>C0convened Board of Canvassers for a (inning candidate8s right to assu'e office, for both are undisputedly legally sanctioned. 4e dee' petitioner, therefore, to be a +de facto officer (ho, in good faith, has haa possession of the office and had discharged the duties pertaining thereto/ and is thus +legally entitled to the e'olu'ents of the office./ 7o recapitulate, Section M< of the .'nibus >lection Code only provides for the granting in election cases of actual and co'pensatory da'ages in accordance (ith la(. 7he victorious party in an election case cannot be inde'nified for e6penses (hich he has incurred in an electoral contest in the absence of a (rongful act or o'ission or breach of obligation clearly attributable to the losing party. >vidently, if any da'age had been suffered by private respondent due to the e6ecution of;udg'ent pending appeal, that da'age 'ay be said to be e-uivalent to da'nu' abs-ue in;uria, (hich is, da'age (ithout in;ury, or da'age or in;ury inflicted (ithout in;ustice, or loss or da'age (ithout violation of a legal right, or a (rong done to a 'an for (hich the la( provides no re'edy.

XIII. ELECTION O))ENSES

A*rohibited Acts GSec. !%1'BP 881A Sec6. #$=#%' RA 8189A XXII

ARTICLE ELECTION OFFENSES

Section !%1. rohibited 'cts. - The following shall be guilty of an election offense: (a) 1ote0buying and vote0selling- 0 (!) Any person who gives, offers or promises money or anything of value, gives or promises any office or employment, franchise or grant, public or private, or makes or offers to make an e.penditure, directly or indirectly, or cause an e.penditure to be made to any person, association, corporation, entity, or community in order to induce anyone or the public in Election law 46

general to vote for or against any candidate or withhold his vote in the election, or to vote for or against any aspirant for the nomination or choice of a candidate in a convention or similar selection process of a political party(%) Any person, association, corporation, group or community who solicits or receives, directly or indirectly, any e.penditure or promise of any office or employment, public or private, for any of the foregoing considerations(b) Conspiracy to bribe voters- 0 Two or more persons, whether candidates or not, who come to an agreement concerning the commission of any violation of paragraph (a) of this section and decide to commit it(c) <agering upon result of election- 0 Any person who bets or wagers upon the outcome of, or any contingency connected with an election- Any money or thing of value or deposit of money or thing of value situated anywhere in the *hilippines put as such bet or wager shall be forfeited to the government(d) Coercion of subordinates- 0 (!) Any public officer, or any officer of any public or private corporation or association, or any head, superior, or administrator of any religious organi#ation, or any employer or land0owner who coerces or intimidates or compels, or in any manner influence, directly or indirectly, any of his subordinates or members or parishioners or employees or house helpers, tenants, overseers, farm helpers, tillers, or lease holders to aid, campaign or vote for or against any candidate or any aspirant for the nomination or selection of candidates(%) Any public officer or any officer of any commercial, industrial, agricultural, economic or social enterprise or public or private corporation or association, or any head, superior or administrator of any religious organi#ation, or any employer or landowner who dismisses or threatens to dismiss, punishes or threatens to punish be reducing his salary, wage or compensation, or by demotion, transfer, suspension, separation, e.communication, e2ectment, or causing him annoyance in the performance of his 2ob or in his membership, any subordinate member or affiliate, parishioner, employee or house helper, tenant, overseer, farm helper, tiller, or lease holder, for disobeying or not complying with any of the acts ordered by the former to aid, campaign or vote for or against any candidate, or any aspirant for the nomination or selection of candidates(e) Threats, intimidation, terrorism, use of fraudulent device or other forms of coercion- 0 Any person who, directly or indirectly, threatens, intimidates or actually causes, inflicts or produces any violence, in2ury, punishment, damage, loss or disadvantage upon any person or persons or that of the immediate members of

his family, his honor or property, or uses any fraudulent device or scheme to compel or induce the registration or refraining from registration of any voter, or the participation in a campaign or refraining or desistance from any campaign, or the casting of any vote or omission to vote, or any promise of such registration, campaign, vote, or omission therefrom(f) Coercion of election officials and employees- 0 Any person who, directly or indirectly, threatens, intimidates, terrori#es or coerces any election official or employee in the performance of his election functions or duties(g) Appointment of new employees, creation of new position, promotion, or giving salary increases- 0 ,uring the period of forty0five days before a regular election and thirty days before a special election, (!) any head, official or appointing officer of a government office, agency or instrumentality, whether national or local, including government0owned or controlled corporations, who appoints or hires any new employee, whether provisional, temporary or casual, or creates and fills any new position, e.cept upon prior authority of the Commission- The Commission shall not grant the authority sought unless, it is satisfied that the position to be filled is essential to the proper functioning of the office or agency concerned, and that the position shall not be filled in a manner that may influence the electionAs an e.ception to the foregoing provisions, a new employee may be appointed in case of urgent need: *rovided, however, That notice of the appointment shall be given to the Commission within three days from the date of the appointment- Any appointment or hiring in violation of this provision shall be null and void(%) Any government official who promotes, or gives any increase of salary or remuneration or privilege to any government official or employee, including those in government0 owned or controlled corporations(h) Transfer of officers and employees in the civil service- 0 Any public official who makes or causes any transfer or detail whatever of any officer or employee in the civil service including public school teachers, within the election period e.cept upon prior approval of the Commission(i) /ntervention of public officers and employees- 0 Any officer or employee in the civil service, e.cept those holding political offices any officer, employee, or member or the Armed "orces of the *hilippines, or any police force, special forces, home defense forces, barangay self0defense units and all other para0military units that now e.ist or which may hereafter be organi#ed who, directly or indirectly, intervenes in any election campaign or engages in any partisan political activity, e.cept to vote or to preserve public order, if he is a peace officerElection law 47

(2) Hndue influence- 0 /t is unlawful for any person to promise any office or employment, public or private, or to make or offer to make an e.penditure, directly or indirectly, or to cause an e.penditure to be made to any person, association, corporation or entity, which may induce anyone or the public in general either to vote or withhold his vote, or to vote for or against any candidate in any election or any aspirant for the nomination or selection of an official candidate in a convention of a political party- /t is likewise unlawful for any person, association, corporation or community, to solicit or receive, directly or indirectly, any e.penditure or promise or any office, or employment, public or private, for any of the foregoing considerations(k) Hnlawful electioneering- 0 /t is unlawful to solicit votes or undertake any propaganda on the day of registration before the board of election inspectors and on the day of election, for or against any candidate or any political party within the polling place and with a radius of thirty meters thereof(l) *rohibition against dismissal of employees, laborers, or tenants- 0 8o employee or laborer shall be dismissed, nor a tenant be e2ected from his landholdings for refusing or failing to vote for any candidate of his employer or landowner- Any employee, laborer or tenant so dismissed or e2ected shall be reinstated and the salary or wage of the employee or laborer, or the share of the harvest of the tenant, shall be restored to the aggrieved party upon application to the proper court(m) Appointment or use of special policemen, special agents, confidential agents or the like- 0 ,uring the campaign period, on the day before and on election day, any appointing authority who appoints or any person who utili#es the services of special policemen, special agents, confidential agents or persons performing similar functions persons previously appointed as special policemen, special agents, confidential agents or persons performing similar functions who continue acting as such, and those who fail to turn over their firearms, uniforms, insignias and other badges of authority to the proper officer who issued the sameAt the start of the aforementioned period, the barangay chairman, municipal mayor, city mayor, provincial governor, or any appointing authority shall submit to the Commission a complete list of all special policemen, special agents, confidential agents or persons performing similar functions in the employ of their respective political subdivisions, with such particulars as the Commission may re4uire(n) /llegal release of prisoners before and after election- 0 The ,irector of the =ureau of *risons, any provincial warden, the keeper of the 2ail or the person or persons re4uired by law to keep prisoners in their custody who illegally orders or allows any prisoner detained in the national penitentiary, or the provincial, city or municipal 2ail to leave the premises thereof si.ty days before and thirty days after the election- The municipal or city warden, the provincial warden, the keeper of the 2ail or the person or persons re4uired by law to keep prisoners in their custody shall post in three conspicuous public places a list of the prisoners

or detention prisoners under their care- ,etention prisoners must be categori#ed as such(o) Hse of public funds, money deposited in trust, e4uipment, facilities owned or controlled by the government for an election campaign- 0 Any person who uses under any guise whatsoever, directly or indirectly, (!) public funds or money deposited with, or held in trust by, public financing institutions or by government offices, banks, or agencies (%) any printing press, radio, or television station or audio0 visual e4uipment operated by the 9overnment or by its divisions, sub0divisions, agencies or instrumentalities, including government0owned or controlled corporations, or by the Armed "orces of the *hilippines or (') any e4uipment, vehicle, facility, apparatus, or paraphernalia owned by the government or by its political subdivisions, agencies including government0owned or controlled corporations, or by the Armed "orces of the *hilippines for any election campaign or for any partisan political activity(p) ,eadly weapons- 0 Any person who carries any deadly weapon in the polling place and within a radius of one hundred meters thereof during the days and hours fi.ed by law for the registration of voters in the polling place, voting, counting of votes, or preparation of the election returns- &owever, in cases of affray, turmoil, or disorder, any peace officer or public officer authori#ed by the Commission to supervise the election is entitled to carry firearms or any other weapon for the purpose of preserving order and enforcing the law(4) Carrying firearms outside residence or place of business- 0 Any person who, although possessing a permit to carry firearms, carries any firearms outside his residence or place of business during the election period, unless authori#ed in writing by the Commission: *rovided, That a motor vehicle, water or air craft shall not be considered a residence or place of business or e.tension hereofThis prohibition shall not apply to cashiers and disbursing officers while in the performance of their duties or to persons who by nature of their official duties, profession, business or occupation habitually carry large sums of money or valuables(r) Hse of armored land, water or air craft- 0 Any person who uses during the campaign period, on the day before and on election day, any armored land, water or air craft, provided with any temporary or permanent e4uipment or any other device or contraption for the mounting or installation of cannons, machine guns and other similar high caliber firearms, including military type tanks, half trucks, scout trucks, armored trucks, of any make or model, whether new, reconditioned, rebuilt or remodelled: *rovided, That banking or financial institutions and all business firms may use not more than two armored vehicles strictly for, and limited to, the purpose of transporting cash, gold bullion or other valuables in connection with their business from and to their place of business, upon previous authority of the Commission(s) <earing of uniforms and bearing arms- 0 ,uring the campaign period, on the day before and on election day, any member of security or police organi#ation of Election law 48

government agencies, commissions, councils, bureaus, offices, or government0owned or controlled corporations, or privately0owned or operated security, investigative, protective or intelligence agencies, who wears his uniform or uses his insignia, decorations or regalia, or bears arms outside the immediate vicinity of his place of work: *rovided, That this prohibition shall not apply when said member is in pursuit of a person who has committed or is committing a crime in the premises he is guarding or when escorting or providing security for the transport of payrolls, deposits, or other valuables or when guarding the residence of private persons or when guarding private residences, buildings or offices: *rovided, further, That in the last case prior written approval of the Commission shall be obtained- The Commission shall decide all applications for authority under this paragraph within fifteen days from the date of the filing of such application,uring the same period, and ending thirty days thereafter any member of the Armed "orces of the *hilippines, special, forces, home defense forces, barangay self0defense units and all other para0military units that now e.ist or which may hereafter be organi#ed who wears his uniform or bears arms outside the camp, garrison or barracks to which he is assigned or detailed or outside their homes, in case of members of para0military units, unless (!) the *resident of the *hilippines shall have given previous authority therefor, and the Commission notified thereof in writing, or (%) the Commission authori#es him to do so, which authority it shall give only when necessary to assist it in maintaining free, orderly and honest elections, and only after notice and hearing- All personnel of the Armed "orces authori#ed by the *resident or the Commission to bear arms or wear their uniforms outside their camps and all police and peace officers shall bear their true name, rank and serial number, if any, stitched in block letters on a white background on the left breast of their uniform, in letters and numbers of a clearly legible design at least two centimeters tall, which shall at all times remain visible and uncovered,uring the election period, whenever the Commission finds it necessary for the promotion of free, orderly, honest and peaceful elections in a specific area, it shall confiscate or order the confiscation of firearms of any member or members of the Armed "orces of the *hilippines, police forces, home defense forces, barangay self0defense units, and all other para0military units that now e.ist, or which may hereafter be organi#ed, or any member or members of the security or police organi#ation, government ministries, commissions, councils, bureaus, offices, instrumentalities, or government0owned or controlled corporations and other subsidiaries, or of any member or members of privately owned or operated security, investigative, protective or intelligence agencies performing identical or similar functions(t) *olicemen and provincial guards acting as bodyguards or security guards- 0 ,uring the campaign period, on the day before and on election day, any member of the city or municipal police force, any provincial or sub0provincial guard, any member of the Armed "orces of the *hilippines, special forces, home defense forces, barangay self0defense units and all other para0military units that now e.ist or which may hereafter be organi#ed who acts as bodyguard or

security guard of any public official, candidate or any other person, and any of the latter who utili#es the services of the former as bodyguard or security guard: *rovided, That, after due notice and hearing, when the life and security of a candidate is in 2eopardy, the Commission is empowered to assign at the candidate5s choice, any member of the *hilippine Constabulary or the police force of any municipality within the province to act as his bodyguard or security guard in a number to be determined by the Commission but not to e.ceed three per candidate: *rovided, however, That when the circumstances re4uire immediate action, the Commission may issue a temporary order allowing the assignment of any member of the *hilippine Constabulary or the local police force to act as bodyguard or security guard of the candidate, sub2ect to confirmation or revocation(u) @rgani#ation or maintenance of reaction forces, strike forces, or other similar forces- 0 Any person who organi#es or maintains a reaction force, strike force or similar force during the election periodThe heads of all reaction forces, strike forces, or similar forces shall, not later than forty0five days before the election, submit to the Commission a complete list of all members thereof with such particulars as the Commission may re4uire(v) *rohibition against release, disbursement or e.penditure of public funds- 0 Any public official or employee including barangay officials and those of government0owned or controlled corporations and their subsidiaries, who, during forty0five days before a regular election and thirty days before a special election, releases, disburses or e.pends any public funds for: (!) Any and all kinds of public works, e.cept the following: (a) (aintenance of e.isting and$or completed public works pro2ect: *rovided, That not more than the average number of laborers or employees already employed therein during the si.0month period immediately prior to the beginning of the forty0five day period before election day shall be permitted to work during such time: *rovided, further, That no additional laborers shall be employed for maintenance work within the said period of forty0 five days (b) <ork undertaken by contract through public bidding held, or by negotiated contract awarded, before the forty0five day period before election: *rovided, That work for the purpose of this section undertaken under the so0called "takay" or "pa4uiao" system shall not be considered as work by contract (c) *ayment for the usual cost of preparation for working drawings, Election law 49

specifications, bills of materials, estimates, and other procedures preparatory to actual construction including the purchase of materials and e4uipment, and all incidental e.penses for wages of watchmen and other laborers employed for such work in the central office and field storehouses before the beginning of such period: *rovided, That the number of such laborers shall not be increased over the number hired when the pro2ect or pro2ects were commenced and (d) ?mergency work necessitated by the occurrence of a public calamity, but such work shall be limited to the restoration of the damaged facility8o payment shall be made within five days before the date of election to laborers who have rendered services in pro2ects or works e.cept those falling under subparagraphs (a), (b), (c), and (d), of this paragraphThis prohibition shall not apply to ongoing public works pro2ects commenced before the campaign period or similar pro2ects under foreign agreements- "or purposes of this provision, it shall be the duty of the government officials or agencies concerned to report to the Commission the list of all such pro2ects being undertaken by them(%) The (inistry of 6ocial 6ervices and ,evelopment and any other office in other ministries of the government performing functions similar to said ministry, e.cept for salaries of personnel, and for such other routine and normal e.penses, and for such other e.penses as the Commission may authori#e after due notice and hearing- 6hould a calamity or disaster occur, all releases normally or usually coursed through the said ministries and offices of other ministries shall be turned over to, and administered and disbursed by, the *hilippine 8ational :ed Cross, sub2ect to the supervision of the Commission on Audit or its representatives, and no candidate or his or her spouse or member of his family within the second civil degree of affinity or consanguinity shall participate, directly or indirectly, in the distribution of any relief or other goods to the victims of the calamity or disaster and (') The (inistry of &uman 6ettlements and any other office in any other ministry of the government performing functions similar to said ministry, e.cept for salaries of personnel and for such other necessary administrative or other e.penses as the Commission may authori#e after due notice and hearing(w) *rohibition against construction of public works, delivery of materials for public works and issuance of treasury warrants and similar devices- 0 ,uring the

period of forty0five days preceding a regular election and thirty days before a special election, any person who (a) undertakes the construction of any public works, e.cept for pro2ects or works e.empted in the preceding paragraph or (b) issues, uses or avails of treasury warrants or any device undertaking future delivery of money, goods or other things of value chargeable against public funds(.) 6uspension of elective provincial, city, municipal or barangay officer- 0 The provisions of law to the contrary notwithstanding during the election period, any public official who suspends, without prior approval of the Commission, any elective provincial, city, municipal or barangay officer, unless said suspension will be for purposes of applying the "Anti09raft and Corrupt *ractices Act" in relation to the suspension and removal of elective officials in which case the provisions of this section shall be inapplicable(y) @n :egistration of 1oters: (!) Any person who, having all the 4ualifications and none of the dis4ualifications of a voter, fails without 2ustifiable e.cuse to register as a voter in an election, plebiscite or referendum in which he is 4ualified to vote(%) Any person who knowingly makes any false or untruthful statement relative to any of the data or information re4uired in the application for registration(') Any person who deliberately imprints or causes the imprinting of blurred or indistinct fingerprints on any of the copies of the application for registration or on the voter5s affidavit or any person in charge of the registration of voters who deliberately or through negligence, causes or allows the imprinting of blurred or indistinct fingerprints on any of the aforementioned registration forms, or any person who tampers with the fingerprints in said registration records()) Any member of the board of election inspectors who approves any application which on its face shows that the applicant does not possess all the 4ualifications prescribed by law for a voter or who disapproves any application which on its face shows that the applicant possesses all such 4ualifications(+) Any person who, being a registered voter, registers anew without filing an application for cancellation of his previous registration(;) Any person who registers in substitution for another whether with or without the latter5s knowledge or consent(A) Any person who tampers with or changes without authority any data or entry in any voter5s application for registration(7) Any person who delays, hinders or obstruct another from registeringElection law 50

(F) Any person who falsely certifies or identifies another as a bona fide resident of a particular place or locality for the purpose of securing the latter5s registration as a voter(!>) Any person who uses the voter5s affidavit of another for the purpose of voting, whether or not he actually succeeds in voting(!!) Any person who places, inserts or otherwise includes, as approved application for registration in the book of voters or in the provincial or national central files of registered voters, the application of any fictitious voter or any application that has not been approved or removes from, or otherwise takes out of the book of voters or the provincial or national central files of registered voters any duly approved voter5s application, e.cept upon lawful order of the Commission, or of a competent court or after proper cancellation as provided in 6ections !%%, !%', !%) and !%+ hereof(!%) Any person who transfers or causes the transfer of the registration record of a voter to the book of voters of another polling place, unless said transfer was due to a change of address of the voter and the voter was duly notified of his new polling place(!') Any person who asks, demands, takes, accepts or possesses, directly or indirectly, the voter5s affidavit of another, in order to induce the latter to withhold his vote, or to vote for or against any candidate in an election or any issue in a plebiscite or referendum- /t shall be presumed prima facie that the asking, demanding, taking, accepting, or possessing is with such intent if done within the period beginning ten days before election day and ending ten days after election day, unless the voter5s affidavit of another and the latter are both members of the same family(!)) Any person who delivers, hands over, entrusts, gives, directly or indirectly his voter5s affidavit to another in consideration of money or other benefit or promises thereof, or takes or accepts such voter5s affidavit directly or indirectly, by giving or causing the giving of money or other benefit or making or causing the making of a promise thereof(!+) Any person who alters in any manner, tears, defaces, removes or destroys any certified list of voters(!;) Any person who takes, carries or possesses any blank or unused registration form already issued to a city or municipality outside of said city or municipality e.cept as otherwise provided in this Code or when directed by e.press order of the court or of the Commission(!A) Any person who maliciously omits,

tampers or transfers to another list the name of a registered voter from the official list of voters posted outside the polling place(#) @n voting: (!) Any person who fails to cast his vote without 2ustifiable e.cuse(%) Any person who votes more than once in the same election, or who, not being a registered voter, votes in an election(') Any person who votes in substitution for another whether with or without the latter5s knowledge and$or consent()) Any person who, not being illiterate or physically disabled, allows his ballot to be prepared by another, or any person who prepares the ballot of another who is not illiterate or physically disabled, with or without the latter5s knowledge and$or consent(+) Any person who avails himself of any means of scheme to discover the contents of the ballot of a voter who is preparing or casting his vote or who has 2ust voted(;) Any voter who, in the course of voting, uses a ballot other than the one given by the board of election inspectors or has in his possession more than one official ballot(A) Any person who places under arrest or detains a voter without lawful cause, or molests him in such a manner as to obstruct or prevent him from going to the polling place to cast his vote or from returning home after casting his vote, or to compel him to reveal how he voted(7) Any member of the board of election inspectors charged with the duty of reading the ballot during the counting of votes who deliberately omits to read the vote duly written on the ballot, or misreads the vote actually written thereon or reads the name of a candidate where no name is written on the ballot(F) Any member of the board of election inspectors charged with the duty of tallying the votes in the tally board or sheet, election returns or other prescribed form who deliberately fails to record a vote therein or records erroneously the votes as read, or records a vote where no such vote has been read by the chairman(!>) Any member of a board of election inspectors who has made possible the casting of more votes than there are registered votersElection law 51

(!!) Any person who, for the purpose of disrupting or obstructing the election process or causing confusion among the voters, propagates false and alarming reports or information or transmits or circulates false orders, directives or messages regarding any matter relating to the printing of official ballots, the postponement of the election, the transfer of polling place or the general conduct of the election(!%) Any person who, without legal authority, destroys, substitutes or takes away from the possession of those having legal custody thereof, or from the place where they are legally deposited, any election form or document or ballot bo. which contains official ballots or other documents used in the election(!') Any person having legal custody of the ballot bo. containing the official ballots used in the election who opens or destroys said bo. or removes or destroys its contents without or against the order of the Commission or who, through his negligence, enables any person to commit any of the aforementioned acts, or takes away said ballot bo. from his custody(!)) Any member of the board of election inspectors who knowingly uses ballots other than the official ballots, e.cept in those cases where the use of emergency ballots is authori#ed(!+) Any public official who neglects or fails to properly preserve or account for any ballot bo., documents and forms received by him and kept under his custody(!;) Any person who reveals the contents of the ballot of an illiterate or disabled voter whom he assisted in preparing a ballot(!A) Any person who, without authority, transfers the location of a polling place(!7) Any person who, without authority, prints or causes the printing of any ballot or election returns that appears as official ballots or election returns or who distributes or causes the same to be distributed for use in the election, whether or not they are actually used(!F) Any person who, without authority, keeps, uses or carries out or causes to be kept, used or carried out, any official ballot or election returns or printed proof thereof, type0 form mould, electro0type printing plates and any other plate, numbering machines and other printing paraphernalia being used in connection with the printing of official ballots or election returns(%>) Any official or employee of any printing establishment or of the Commission or any

member of the committee in charge of the printing of official ballots or election returns who causes official ballots or election returns to be printed in 4uantities e.ceeding those authori#ed by the Commission or who distributes, delivers, or in any manner disposes of or causes to be distributed, delivered, or disposed of, any official ballot or election returns to any person or persons not authori#ed by law or by the Commission to receive or keep official ballots or election returns or who sends or causes them to be sent to any place not designated by law or by the Commission(%!) Any person who, through any act, means or device, violates the integrity of any official ballot or election returns before or after they are used in the election(%%) Any person who removes, tears, defaces or destroys any certified list of candidates posted inside the voting booths during the hours of voting(%') Any person who holds or causes the holding of an election on any other day than that fi.ed by law or by the Commission, or stops any election being legally held(%)) Any person who deliberately blurs his fingerprint in the voting record(aa) @n Canvassing: (!) Any chairman of the board of canvassers who fails to give due notice of the date, time and place of the meeting of said board to the candidates, political parties and$or members of the board(%) Any member of the board of canvassers who proceeds with the canvass of the votes and$or proclamation of any candidate which was suspended or annulled by the Commission(') Any member of the board of canvassers who proceeds with the canvass of votes and$or proclamation of any candidate in the absence of 4uorum, or without giving due notice of the date, time and place of the meeting of the board to the candidates, political parties, and$or other members of the board()) Any member of the board of canvassers who, without authority of the Commission, uses in the canvass of votes and$or proclamation of any candidate any document other than the official copy of the election returns(bb) Common to all boards of election inspectors and boards of canvassers:

Election law

52

(!) Any member of any board of election inspectors or board of canvassers who deliberately absents himself from the meetings of said body for the purpose of obstructing or delaying the performance of its duties or functions(%) Any member of any board of election inspectors or board of canvassers who, without 2ustifiable reason, refuses to sign and certify any election form re4uired by this Code or prescribed by the Commission although he was present during the meeting of the said body(') Any person who, being ineligible for appointment as member of any board of election inspectors or board of canvassers, accepts an appointment to said body, assumes office, and actually serves as a member thereof, or any of public officer or any person acting in his behalf who appoints such ineligible person knowing him to be ineligible()) Any person who, in the presence or within the hearing of any board of election inspectors or board of canvassers during any of its meetings, conducts himself in such a disorderly manner as to interrupt or disrupt the work or proceedings to the end of preventing said body from performing its functions, either partly or totally(+) Any public official or person acting in his behalf who relieves any member of any board of election inspectors or board of canvassers or who changes or causes the change of the assignments of any member of said board of election inspectors or board of canvassers without authority of the Commission(cc) @n candidacy and campaign: (!) Any political party which holds political conventions or meetings to nominate its official candidates earlier that the period fi.ed in this Code(%) Any person who abstracts, destroys or cancels any certificate of candidacy duly filed and which has not been cancelled upon order of the Commission(') Any person who misleads the board of election inspectors by submitting any false or spurious certificate of candidacy or document to the pre2udice of a candidate()) Any person who, being authori#ed to receive certificates of candidacy, receives any certificate of candidacy outside the period for filing the same and makes it appear that said certificate of candidacy was filed on time or any person who, by means of fraud, threat, intimidation, terrorism or coercion, causes or compels the commission of said act-

(+) Any person who, by any device or means, 2ams, obstructs or interferes with a radio or television broadcast of any lawful political program(;) Any person who solicits votes or undertakes any propaganda, on the day of election, for or against any candidate or any political party within the polling place or within a radius of thirty meters thereof(dd) @ther prohibitions: (!) Any person who sells, furnishes, offers, buys, serves or takes into.icating li4uor on the days fi.ed by law for the registration of voters in the polling place, or on the day before the election or on election day: *rovided, That hotels and other establishments duly certified by the (inistry of Tourism as tourist oriented and habitually in the business of catering to foreign tourists may be e.empted for 2ustifiable reasons upon prior authority of the Commission: *rovided, further, That foreign tourists taking into.icating li4uor in said authori#ed hotels or establishments are e.empted from the provisions of this subparagraph(%) Any person who opens in any polling place or within a radius of thirty meters thereof on election day and during the counting of votes, booths or stalls of any kind for the sale, dispensing or display of wares, merchandise or refreshments, whether solid or li4uid, or for any other purposes(') Any person who holds on election day, fairs, cockfights, bo.ing, horse races, 2ai0alai or any other similar sports()) :efusal to carry election mail matter- 0 Any operator or employee of a public utility or transportation company operating under a certificate of public convenience, including government0owned or controlled postal service or its employees or deputi#ed agents who refuse to carry official election mail matters free of charge during the election period- /n addition to the penalty prescribed herein, such refusal shall constitute a ground for cancellation or revocation of certificate of public convenience or franchise(+) *rohibition against discrimination in the sale of air time- 0 Any person who operates a radio or television station who without 2ustifiable cause discriminates against any political party, coalition or aggroupment of parties or any candidate in the sale of air time- /n addition to the penalty prescribed herein, such refusal shall constitute a ground for cancellation or revocation of the franchise-

Section #$. Election *ffenses. 0 The following

shall be

Election law

53

considered election offenses under this Act: a) to deliver, hand over, entrust or give, directly or indirectly, his voterBs identification card to another in consideration of money or other benefit of promise or take or accept such voterBs identification card, directly or indirectly, by giving or causing the giving or money or other benefit or making or causing the making of a promise therefore b) to fail, without cause, to post or give any of the notices or to make any of the reports re0ac4uired under this Act c) to issue or cause the issuance of a voterBs identification number or to cancel or cause the cancellation thereof in violation of the provisions of this Act or to refuse the issuance of registered voters their voterBs identification card d) to accept an appointment, to assume office and to actually serve as a member of the ?lection :egistration =oard although ineligible thereto, to appoint such ineligible person knowing him to be ineligible e) to interfere with, impede, abscond for purpose of gain or to prevent the installation or use of computers and devices and the processing, storage, generation, and transmission of registration data or information f) to gain, cause access to use, alter, destroy, or disclose any computer data, program, system software, network, or any computer0related devices, facilities, hardware or e4uipment, whether classified or declassified g) failure to provide certified voters and deactivated voters list to candidates and heads of representatives of political parties upon written re4uest as provided in 6ection '> hereof h) failure to include the approved application form for registration of a 4ualified voter in the book of voters of a particular precinct or the omission of the name of a duly registered voter in the certified list of voters of the precinct where he is duly, registered resulting in his failure to cast his vote during an election, plebiscite, referendum, initiative and$or recall- The presence of the form or name in the book of voters or certified list of voters in precincts other than where he is duly registered shall not be an e.cuse hereof i) the posting of a list of voters outside or at the door of a precinct on the day of an election, plebiscite, referendum, initiative and$or recall, and which list is different in contents from the certified list of voters being used by the =oard of ?lection /nspectors and 2) 1iolation of the provisions of this ActSection #%. enalties. Any person found guilty of any ?lection offense under this Act shall be punished with imprisonment of not less than one (!) year but not more than si. (;) years and shall not be sub2ect to probation- /n addition, the guilty party shall be sentenced to suffer dis4ualification to hold public office and deprivation of the right of suffrage- /f he is a foreigner, he shall be deported after the prison term has been served- Any political party found guilty shall be sentenced to pay a fine of not less than @ne hundred thousand pesos (*!>>,>>>) but not more than "ive hundred thousand pesos (*+>>,>>>)-

=-

Curisdiction to conduct *reliminary /nvestigation (Section 2*6, ,3 881 as a$ended %+ RA 93*9)

Section !%$. rosecution. - The Commission shall, through its duly authori#ed legal officers, have the e.clusive power to conduct preliminary investigation of all election offenses punishable under this Code, and to prosecute the same- The Commission may avail of the assistance of other prosecuting arms of the government: *rovided, however, That in the event that the Commission fails to act on any complaint within four months from his filing, the complainant may file the complaint with the office of the fiscal or with the (inistry of Custice for proper investigation and prosecution, if warranted-

C.

Concept of ?lectoral 6abotage (Section 32, COMELEC Reso !tion "o. 88'9,Ma&c1 3', 2'1')

#ases)

+appala v. 6uDe& ,-.: $#R' ;::2 eople v. Reyes ,-.0 $#R' <-92 #*+ELE# v. 6oynay ,-1- $#R' -/.2 #orpu& v. !anodbayan ,=.1 $#R' -9=2 Eilosbayan v. #*+ELE# ,4.R. 6o. =-9:/., *ct. =;, =1102 6aldo&a v. Lavilles ,-/. $#R' -9;2

CASES:
MAPPALA $s. #4GE: CASE 7his is an ad'inistrative co'plaint filed by Aappala against Judge NuKe, for gross inefficiency, serious 'isconduct and violation of the code of Judicial >thics. FAC3S 7he =rovincial prosecutor of 9sabela filed3 !1# an infor'ation against Ale;andro Angoluan for illegal possession of a firear' in violation of =.D. No. 1:%%) ! # an infor'ation against Angoluan and five other co0accused for frustrated 'urder) and !&# an infor'ation against Ale;andro and Honorato Angoluan for violation of the .'nibus election code. 7he co'plaining (itness in the third infor'ation (as Jacinto Aappala, the co'plainant against respondent in this ad'inistrative case. All the actions (ere consolidated and assigned to the $7C, presided by respondent. $espondent rendered a consolidated decision in the afore'entioned cases, finding Angoluan @59B7D beyond reasonable doubt of the cri'e of "rustrated Ho'icide and 9llegal =ossession of "irear's, but N.7 @59B7D for ?iolation of the .'nibus election Code against Ale;andro Angoluan and Honorato Angoluan. 7he said decision is no( on appeal before the CA. Co'plainant alleged that (hile the trial of the three cases (as ter'inated in Dece'ber 1<< and the last pleading in the case, the prosecutionGs 'e'orandu', (as sub'itted on
Election law 54

Aay 1, 1<<&, respondent rendered his decision only on Dece'ber L, 1<<&. Co'plainant charged respondent (ith, a'ong others, serious 'isconduct for ac-uitting Angoluan of violation of the .'nibus >lection Code.

ISS4E 4hether or not Angoluan is guilty of violation of the .'nibus >lection Code. YES. HELD $espondent ;ustified the ac-uittal of Ale;andro of violation of the >lection Ba( on the ground that Ithe firear' (as not ta*en fro' his person (ithin the precinct but (as not ta*en 'ore than ML 'eters a(ay fro' the precinctI. "urther'ore, he clai'ed that (hat the la( considered as a cri'e (as the Icarrying of firear's (ithin !ML# or 1LL 'eters a(ay fro' the precinct. 7he firear' (as not ta*en fro' the accused (ithin the ML or 1LL 'eters distance fro' the precinct because in truth and in fact the said firear' (as surrendered by the accused t(o ! # days after the elections. 7he 'ista*e in the distance is 'erely a clerical error. But be it ML 'eters or 1LL 'eters, still the accused could not be convicted under the said provision, specifically Section %1, Subsection !p# of Article CC99 of the .'nibus election CodeI. $espondent ac-uitted Ale;andro Angoluan of violation of Section %1 !p# of the .'nibus >lection Code. Said provision reads as follo(s3 Deadly (eapons. H Any person (ho carries any deadly (eapon in the polling place and (ithin a radius of one hundred 'eters thereof during the days and hours fi6ed by la( for the registration of voters in the polling place, voting, counting of votes, or preparation of the election returns. Ho(ever, in cases of affray, tur'oil, or disorder, any peace officer or public officer authori,ed by the Co''ission to supervise the election is entitled to carry firear's or any other (eapon for the purpose of preserving and enforcing the la(. 9n his decision, respondent found that Ale;andro shot co'plainant herein inside =recinct No. located at the ele'entary school building during the barangay elections on Aarch :, 1<:<. $espondent also found that Ale;andro (as the one (ho surrendered the gun. 7o respondent, the surrender of the (eapon (as an i'plied ad'ission that it (as the one used by Ale;andro in shooting co'plainant. 9nspite of all these findings, respondent ac-uitted Ale;andro of illegally carrying a deadly (eapon inside a precinct on the theory that the gun (as not sei,ed fro' hi' (hile he (as the precinct. According to respondent3 . . . 4ith respect to the other accused Ale;andro Angoluan, although there is evidence to prove that he shot the co'plainant Jacinto Aappala, the gun (hich he allegedly used (as surrendered by hi' t(o ! # days after the incident and he (as not apprehended in possession of the gun (ithin 1LL 'eters radius of the precinct. 7his Court believes that he should not be prosecuted !sic# in violation of Article , Section %1, Subsection !p# of the .'nibus >lection Code. 7o support a conviction under Section %1!p# of the .'nibus election Code, it is not necessa". t,at t,e deadl. -ea0on s,ould ,a$e !een seiDed ("o t,e accused -,ile ,e -as in t,e 0"ecinct o" -it,in a

"adius o( &88 ete"s t,e"e("o . It is enou%, t,at t,e accused ca""ied t,e deadl. -ea0on Cin t,e 0ollin% 0lace and -it,in a "adius o( one ,und"ed ete"s t,e"eo(C du"in% an. o( t,e s0eci(ied da.s and ,ou"s . After respondent hi'self had found that the prosecution had established these facts, it is difficult to understand (hy he ac-uitted Ale;andro of the charge of violation of Section %1!p# of the .'nibus election Code. PEOPLE OF 3HE PHILIPPI#ES vs. HO#. 6ILFREDO D. REYES and B4E#AVE#34RA C. MA#IE5O FAC3S: Buenaventura C. Aaniego, Collector of Custo's, Collection District 99, Bureau of Custo's, Aanila 9nternational Container =ort !A9C=#, issued A9C= Custo's =ersonnel .rder No. 10< dated January 1L, 1<< assigning Jovencio D. >bio, Custo's .peration Chief, A9C= to the .ffice of the Deputy Collector of Custo's for .perations as Special Assistant. & 7he actual transfer of >bio (as 'ade on January 12, 1<< . .n Aay 2, 1<< , >bio filed (ith the Co''ission on >lections !C.A>B>C# a letter0co'plaint protesting his transfer. >bio clai'ed that his ne( assign'ent violated C.A>B>C $esolution No. &&& and section %1 !h# of B.=. Blg. ::1, the .'nibus >lection Code, (hich prohibit the transfer of any e'ployee in the civil service 1 L days before the Aay 11, 1<< synchroni,ed national and local elections. After a preli'inary investigation, the C.A>B>C filed on Aay %, 1<<M an infor'ation (ith the $egional 7rial Court, Branch &%, Aanila charging respondent Aaniego (ith a violation of Section %1 !h# of B. =. Blg. ::1. Before the arraign'ent, respondent Aaniego 'oved to -uash the infor'ation on the ground that the facts alleged do not constitute an offense. He contended that the transfer of >bio on January 12, 1<< did not violate B.=. Blg. ::1 because on that date the act (as not yet punishable as an election offense. 9t purportedly beca'e punishable only on January 1M, 1<< , the date of effectivity of C.A>B>C $esolution No. &&& i'ple'enting Section %1 !h# of B.=. Blg. ::1. =etitioner, through the C.A>B>C, opposed the 'otion to -uash. 7he trial court granted private respondentGs 'otion to -uash and dis'issed Cri'inal Case. =etitioner elevated the case for certiorari. ISS4E: 4hether or not the -uashal of the infor'ation is valid causing the dis'issal of the cri'inal caseO R4LI#53 Des.7he basic la( supposed to have been violated by respondent Aaniego is Section %1 !h# of B.=. Blg. ::1 states that / Any public official (ho 'a*es or causes any transfer or detail (hatever of any officer or e'ployee in the civil service including public school teachers,(ithin the election period e6cept upon prior approval of the Co''ission/ shall be guilty of any election offense. 7he Constitution has fi6ed the election period for all elections to co''ence ninety !<L# days before the day of election and end thirty !&L# days thereafter, unless other(ise fi6ed in special cases by the C.A>B>C. < "or the Aay 11, 1<< synchroni,ed national and local elections, the C.A>B>C fi6ed a longer election period of one hundred t(enty !1 L# days before the scheduled elections and thirty !&L# days thereafter. 9t designated January 1 , 1<< to June 1L, 1<< as the election
Election law 55

period.9t is undeniable that the transfer of co'plainant >bio on January 12, 1<< (as 'ade during the election period. Ho(ever, this transfer does not ipso facto 'a*e respondent Aaniego liable for an election offense under Section %1 !h# of B.=. Blg. ::1. 7his section does not per se outla( the transfer of a govern'ent officer or e'ployee during the election period. 7o be sure, the transfer or detail of a public officer or e'ployee is a prerogative of the appointing authority. 4ithout this inherent prerogative, the appointing authority 'ay not be able to cope (ith e'ergencies to the detri'ent of public service. Clearly then, the transfer or detail of govern'ent officer or e'ployee (ill not be penali,ed by Section %1 !h# of B.=. Blg. ::1 if done to pro'ote efficiency in the govern'ent service. Section of $esolution No. &&& provides that IAny re-uest for authority to 'a*e or cause any transfer or detail of any officer or e'ployee in the civil service, including public school teachers, shall be sub'itted in (riting to the Co''ission indicating therein the office and place to (hich the officer or e'ployee is proposed to be transferred or detailed, and stating the reason therefor. 7(o ! # ele'ents 'ust be established to prove a violation of Section %1 !h# of B.=. Blg. ::1, vi,3 !1# 7he fact of transfer or detail of a public officer or e'ployee (ithin the election period as fi6ed by the C.A>B>C, and ! # the transfer or detail (as effected (ithout prior approval of the C.A>B>C in accordance (ith its i'ple'enting rules and regulations. 9n the instant case respondent Aaniego transferred >bio, then the Custo's .peration Chief, A9C= to the .ffice of the Deputy Collector of Custo's for .perations as Special Assistant on January 12, 1<< . .n this date, January 12, 1<< , the election period for the Aay 11, 1<< synchroni,ed elections had already been fi6ed to co''ence January 1 , 1<< until June 1L, 1<< . Nonetheless, it (as only in $esolution No. &&& (hich too* effect on January 1M, 1<< that C.A>B>C pro'ulgated the necessary rules on ho( to get its approval on the transfer or detail of public officers or e'ployees during the election period. Before the effectivity of these rules, it cannot be said that Section %1 !h# of B.=. Blg. ::1 is enforceable. COMELEC $s. HO#. 3OMAS B. #OY#AY1 )<E P,il.1 )') SCRA1 9ul. '1 &''; FAC3S: C.A>B>C filed an infor'ation for the violation of Section %1!i# of the .'nibus >lection Code against Diosdada A'or, a public school principal, and >sbel Chua and $uben Aagluyoan, both public school teachers, for having engaged in partisan political activities. $espondent Judge 7o'as B. Noynay, as presiding ;udge of Branch & (here the case (as filed, ordered the records of the cases to be (ithdra(n and directed the C.A>B>C to file the cases (ith the A7C. He reasons that this is pursuant to Section & of B.=. Blg. 1 < as a'ended by $.A. No. 1%<13 that the $7C has no ;urisdiction over the cases since the 'a6i'u' i'posable penalty in each of the cases does not e6ceed si6 years of i'prison'ent. So since the election offense in -uestion is punishable (ith i'prison'ent of not 'ore than % years, A7C should have ;urisdiction. 7hus, petitioner C.A>B>C filed this special civil action certiorari (ith 'anda'us, saying the ;udge Ihas erroneously 'isconstrued the provisions of $ep. Act No. 1%<1/. ISS4E: 4hether $.A. No. 1%<1 1 has divested $egional 7rial Courts of ;urisdiction over election offenses, (hich are punishable (ith i'prison'ent of not e6ceeding si6 !%# years. #O RA3IO:

5pon closer reading of Section & of B.=. Blg. 1 < as a'ended by Section of $.A. No. 1%<1, it (ould then be obvious that respondent ;udge did not read at all the opening sentence3 Sec. & . Jurisdiction of Aetropolitan 7rial Court, Aunicipal 7rial Courts and Aunicipal Circuit 7rial Courts in Cri'inal Cases. H E/ce0t in cases (allin% -it,in t,e e/clusi$e o"i%inal 2u"isdiction o( Re%ional 3"ial Cou"t and o( t,e Sandi%an!a.an, the Aetropolitan 7rial Courts, Aunicipal 7rial Courts, and Aunicipal Circuit 7rial Courts shall e6ercise3 T 5ndoubtedly, pursuant to Section %: of the .'nibus >lection Code, election offenses also fall (ithin the e6ception. Jurisdiction is conferred by the Constitution or by Congress. Congress has the plenary po(er to define, prescribe, and apportion the ;urisdiction of various courts. Congress 'ay thus provide by la( that a certain class of cases should be e6clusively heard and deter'ined by one court. Such la( (ould be a special la( and 'ust be construed as an e6ception to the general la( on ;urisdiction of courts, na'ely, the Judiciary Act of 1<2:, as a'ended, and the Judiciary $eorgani,ation Act of 1<:L. R.A. #o. +*'& is not a s0ecial la- on 2u"isdictionB it is e"el. an a endato". la- intended to a end s0eci(ic sections o( t,e 9udicia". Reo"%aniDation Act o( &';8. Hence1 R.A. #o. +*'& does not ,a$e t,e e((ect o( "e0ealin% la-s $estin% u0on Re%ional 3"ial Cou"ts o" t,e Sandi%an!a.an e/clusi$e o"i%inal 2u"isdiction. 7he instant petition is @$AN7>D. 7he challenged orders of public respondent are S>7 AS9D> and he is D9$>C7>D to try and decide said cases (ith purposeful dispatch and, further, ADA.N9SH>D to be faithfully studious of the principles of la(. Notes3 "ull a'ended provision in -uestion3 Sec. A& HsicI o( t,e 9udicia". Reo"%aniDation Act o( &';8 ?B.P.@ Bl%. &)' as A ended !. Re0. Act. **'& HsicI ?E/0anded 9u"isdiction@ states: Sec. A). 9u"isdiction H Aetropolitan 7rial Courts, Aunicipal Circuit 7rial Courts, Aunicipal 7rial Courts in Cri'inal Cases H >6cept EinF cases falling (ithin the e6clusive original ;urisdiction of the $egional 7rial Courts and the Sandiganbayan, the Aunicipal 7rial Courts, Aetropolitan 7rial Courts and the Aunicipal Circuit 7rial Courts shall e6ercise3 !1# >6clusive original ;urisdiction over all violations of city or 'unicipal ordinance co''itted (ithin their respective territorial ;urisdiction) and ! # >6clusive original ;urisdiction over all offenses punishable (ith an i'prison'ent of not e6ceeding si6 !%# years irrespective of the a'ount or fine and regardless of other i'posable accessory and other penalties including the civil liability arising fro' such offenses or predicated thereon, irrespective of ti'e EsicF, nature, value and a'ount thereof, =rovided, Ho(ever, that in offenses including da'ages to property through cri'inal negligence, they shall have e6clusive original ;urisdiction thereof. #A3IVIDAD CORP4S1 A4RORA FO#B4E#A1 9OSIE PERAL3A1 CRESE#CIA PAD4A1 DOMI#ADOR BA43IS3A1 LEOLA #EO51 EPIFA#IO CAS3ILLE9OS A#D ED5AR CAS3ILLE9OS1 0etitione"s1 $s. 3A#ODBAYA# OF 3HE PHILIPPI#ES1 FISCAL 94A# L. VILLA#4EVA1 9R.1 A#D ES3EBA# MA#5ASER1 "es0ondents Facts: =etitioners Natividad Corpu,, Aurora "onbuena, Josie
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=eralta, Cresencia =adua, Do'inador Bautista and Beola Neog (ere 'e'bers of the Citi,ens >lection Co''ittee of Caba, Ba 5nion in the January &L, 1<:L elections) petitioner >pifanio Castille;os (as Director of the Bureau of Do'estic 7rade and petitioner >dgar Castille;os (as then a candidate and later elected 'ayor in the sa'e election. =rivate respondent >steban Aangaser, an independent candidate for vice. 'ayor of the sa'e 'unicipality sent a letter to =resident "erdinand >. Aarcos charging the petitioners (ith violation of the 1<1: >lection Code, specifically for electioneering andSor ca'paigning inside the voting centers during the election. .n instruction fro' the Co''ission on >lections !C.A>B>C# the $egional >lection Director of San "ernando, Ba 5nion, conducted a for'al investigation and on Septe'ber <, 1<:1 sub'itted its report reco''ending to the C.A>B>C the dis'issal of the co'plaint. .n .ctober <, 1<:1, private respondent Aangaser for'ally (ithdre( his charges filed (ith the C.A>B>C stating his intention to refile it (ith the 7anodbayan. .n Nove'ber %, 1<:1 the C.A>B>C dis'issed the co'plaint for insufficiency of evidence. Subse-uently the assistant provincial fiscal started a preli'inary investigation of a co'plaint filed by Aangaser (ith the 7anodbayan against the sa'e parties and on the sa'e charges previously dis'issed by the C.A>B>C. 7he C.A>B>C Begal Assistance .ffice entered its appearance for the respondents !e6cept Director >pifanio Castille;os and >dgar Castille;os# and 'oved for dis'issal of the co'plaint. 7he 'otion (as denied. 7he 7AN.DBADAN asserting e6clusive authority to prosecute the case, stated in a letter to the C.A>B>C Chair'an that a la(yer of the C.A>B>C if not properly deputi,ed as a 7anodbayan prosecutor has no authority to conduct preli'inary investigations and prosecute offenses co''itted by C.A>B>C officials in relation to their office. A 'otion for reconsideration (as denied. Hence, the present petition for certiorari and preli'inary in;unction. Issue: 4ho has ;urisdiction over offenses co''itted by public officialsO Held: An e6a'ination of the provisions of the Constitution and the >lection Code of 1<1: reveals the clear intention to place in the C.A>B>C e6clusive ;urisdiction to investigate and prosecute election offenses co''itted by any person, (hether private individual or public officer or e'ployee, and in the latter instance, irrespective of (hether the offense is co''itted in relation to his official duties or not. 9n other (ords, it is the nature of the offense and not the personality of the offender that 'atters. As long as the offense is an election offense ;urisdiction over the sa'e rests e6clusively (ith the C.A>B>C, in vie( of its all0e'bracing po(er over the conduct of elections. 7ILOSBAYA# $s. COMELEC FAC3S: Special =rovision No. 1 of the Country(ide Develop'ent "und !CD"# under $epublic Act No. 11:L, other(ise *no(n as the +@eneral Appropriations Act !@AA# of 1<< / allocates a specific a'ount of govern'ent funds for infrastructure and other priority pro;ects and activities. 7he Secretary of 9nterior and Bocal @overn'ent, re-uested for authority to negotiate, enter into and sign Ae'oranda of Agree'ents (ith accredited Non0 @overn'ental .rgani,ations !N@.s# in order to utili,e the' to pro;ects of the CD" provided for under $.A. No. 11:L. .n April 2, 1<< $egional Director of the D9B@0NC$, entered in the Ae'orandu' of Agree'ent (ith an accredited N@. *no(n as +=hilippine Douth Health and Sports Develop'ent "oundation,

9nc./ !=DHSD"9#. =DHSD"9 (ill receive the a'ount of 1L 'illion pesos for co'plete i'ple'entation of the foundation8s sports, health and cultural (or* progra'. 7he a'ount (as issued in chec*s on Aay M and %, 1<< . >lection (as set on Aay 11, 1<< . .n 1<<& Pilosbayan sent a letter to the C.A>B>C infor'ing it of the violation of election offenses co''itted in the said transaction and +re-uestEingF that 6 6 6 these offenses and 'alpractices be investigated pro'ptly, thoroughly, i'partially, (ithout fear or favor, so that public confidence in the integrity and purity of the electoral process 'ay be i''ediately restored for the sa*e of our ne(ly0regained de'ocracy. 7he evidence proffered by Pilosbayan in support of its letter0co'plaint consisted of the published (ritings of 7eodoro Benigno E1:F in his colu'n in the =hilippine Star ne(spaper i'puting to the so0 called Sulo Hotel .peration !SH.# headed by =DHSD"98s chair'an, the co''ission of illegal election activities during the Aay11, 1<< elections. 7he la( allegedly violated is Section %1 !o#, !v# and !(# of the .'nibus >lection Code. !5se of public funds, 'oney deposited trust, 6 6 6, for an election ca'paign) =rohibition against release, disburse'ent or e6penditure of public funds for any and all *inds of public (or*s) and =rohibition against construction of public (or*s, delivery of 'aterials for public (or*s and issuance of treasury (arrants and si'ilar devices#. 7he Ba( Depart'ent of C.A>B>C investigated it, and reco''ended its dis'issal for lac* of probable cause and the only evidence Pilosbayan gave are the articles (ritten by one (riter and (ithout further evidence to substantiate its clai's. =etitioner Pilosbayan, ho(ever brushed off responsibility for adducing evidence of herein respondents8 culpability, and ada'antly de'anded that the Co'elec perfor' its constitutional duty of prosecuting election offenses upon any, even 'eager, infor'ation of alleged co''ission of election offenses.

ISS4E: 4hether or not C.A>B>C acted (ith grave abuse of discretion on dis'issing Pilosbayan co'plaint

HELD: N.. 7he Co'elec did not co''it any act constituting grave abuse of discretion in dis'issing petitioner Pilosbayan8s letter0 co'plaint against herein respondents, the for'er having failed to prove its case against the latter. As such, this petition 'ust be dis'issed. 7he Co'elec, (henever any election offense charge is filed before it, 'ust have first, before dis'issing the sa'e or filing the corresponding infor'ation, conducted the preli'inary investigation proper of the case. 9t follo(s, therefore, that in the instant case, petitioner Pilosbayan 'ust have necessarily tendered evidence, independent of and in support of the allegations in its letter0co'plaint, of such -uality as to engender belief in an ordinarily prudent and cautious 'an that the offense charged therein has been co''itted by herein respondents. 7his constitutional and statutory 'andate for Co'elec to investigate and prosecute cases of violation of election la( translates, in effect, to the e6clusive po(er to conduct preli'inary investigations in cases involving election offenses for the t(in purpose of filing an infor'ation in court and helping the Judge deter'ine, in the course of preli'inary in-uiry, (hether or not a (arrant of arrest should be issued. ALBER3O #ALDO:A VS. 94D5E 94A# LAVILLES1 9R.1
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FAC3S: Naldo,a (as the barangay chair'an in Aiagao, 9loilo. He ran for re0election and (as accused of vote buying in violation of .'nibus >lection Code !B=::1# in (inning the election. Accordingly, the Chief of =olice (ith (ho' the charge (as lodged filed t(o co'plaints against Naldo,a and both cases (ere assigned to respondent ;udge. $espondent issued an order finding probable cause to believe that Naldo,a co''ited the cri'e charged, and thereupon issued the (arrants for Naldo,a8s arrest. Naldo,a (as arrested and detained. Naldo,a filed a co'plaint on Co''ision on Hu'an $ights against respondent Bavilles, presiding ;udge of A7C, (ith irregularity in conducting preli'inary investigation, i'proper issuance of the (arrant of arrest and ignorance of the la( relative to cri'inal cases filed against hi'. $espondent issued another order, reconsidering his other order insofar as it referred the cases to the C.A>B>C. 7he cases (ere instead re'anded to the Chief of =olice of Aiagao, 9loilo (ith instructions to file the sa'e directly (ith the provincial prosecutor. 7he (arrants of arrest (ere lifted and Naldo,a8s release (as ordered.CH$ in its resolution reco''ended that an ad'inistrative co'plaint be filed against respondent. $efuting the charge that serious irregularities (ere co''itted in the conduct of the preli'inary investigation for non0 co'pliance (ith Section &, $ule 11 of the $ules of Court, respondent e6plained that the offense of vote0buying is punishable by a penalty of i'prison'ent of not less than 1 year but not 'ore than % years !Sec. %2, .'nibus >lection Code#, but pursuant to $epublic Act No. 1%<1 the ;urisdiction of 'unicipal trial courts (as e6panded, such that the said offense is no( (ithin the e6clusive ;urisdiction of said courts. Conse-uently, respondent argued, Section &, $ule 11 is no longer applicable. As to the charge of ignorance of the la( for failure to co'ply (ith Section 2 of C.A>B>C $esolution No. %<M !authori,ing chiefs of police to conduct the preli'inary investigation of charges for violation of the .'nibus >lection Code# respondent averred that the co'plaint (hich co''enced Cri'inal Cases Nos. 11 % and 11 1 (as filed on Aay 1L, 1<<2, barely 2M days after the passage of the afore'entioned C.A>B>C $esolution. 9t (ould hardly be fair, respondent continued, to e6pect hi' to be i''ediately a(are of the e6istence of C.A>B>C $esolution No. %<M. Issue?&@: 4ho has the ;urisdiction to hear >lection Cases. Held: $7C. a revie( of the pertinent provisions of la( (ould sho( that pursuant to Sections %M and %1 of the .'nibus >lection Code the C.A>B>C has the e6clusive po(er to conduct preli'inary investigation of all election offenses punishable under the Code) and the regional trial court shall have the e6clusive original ;urisdiction to try and decide any cri'inal action or proceedings for violation of the sa'e. 7he 'etropolitan or 'unicipal trial court, by (ay of e6ception e6ercises ;urisdiction only on offenses relating to failure to register or to vote. Noting that these provisions stands together (ith the provision that any election offense under the Code shall be punishable (ith i'prison'ent for one !1# year to si6 !%# years and shall not be sub;ect to probation !Section %2, .'nibus >lection Code#, (e sub'it that it is the special intention of the Code to vest upon the regional trial court ;urisdiction over election cases as 'atter of e6ception to the general provisions on ;urisdiction over cri'inal cases found under B= Big. 1 <, as a'ended. Conse-uently, the a'end'ent of B= Blg. 1 < by $epublic Act No. 1%<1 does not vest upon the A7C ;urisdiction over cri'inal election offenses despite its e6panded ;urisdiction. Issue?)@:

4hether or not there is ignorance of the la( for failure to co'ply (ith Section 2 of Co'elec resolution No. %<M, authori,ing chiefs of police to conduct the preli'inary investigation of charges for violation of the .'nibus >lection Code. Held: Des. A ;udge o(es it to the public and to the legal profession to *no( the factual basis of the co'plaint and the very la( he is supposed to apply to a given controversy. He is called upon to e6hibit 'ore than cursory ac-uaintance (ith the statutes and procedural rules. A 'e'ber of the bench 'ust continuously *eep hi'self abreast of legal and ;urisprudential develop'ents because the learning process in la( never ceases. Considering, that there (as no 'alice or evil intent in respondent8s actuations in conducting the preli'inary investigation and in ordering the issuance of the (arrants of arrest against co'plainant, a fine of =M,LLL.LL is dee'ed proper under the circu'stances.

Prepared by: Kren Lianko U

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