ADMIN REVIEWER 2004

Election Law
Chapter One: GENERAL PRINCIPLES THEORY OF POPULAR SOVEREIGNTY Sec 1, Art 2 of the Philippine Constitution: The Philippines is a democratic and republican state. Sovereignty resides in the people and all the government authority emanates from them. Republicanism in so far as it implies the adoption of a representative type of government necessarily points out to the enfranchised citizens as the ultimate source of established authority. A democratic and a republican government derive all its powers, indirectly or directly from the people at large. Essence indirect rule Actual sovereignty exercised by the people by means of suffrage Suffrage the right and the obligation of qualified citizens to vote in the election of certain national and local officers of the government and in the decision of public questions submitted to the people NATURE OF SUFFRAGE: 1. not a natural right but merely a privilege given or withheld by the lawmaking power subject to the Constitutional limitations - granted upon the fulfillment of certain minimum conditions deemed essential for the welfare of society 2. as a right conferred by the Constitution, it is classified as a political right as well as a bounden duty of every citizen - enables him to participate in the process of the government to assure that it truly derives powers solely on the consent of the governed - principle: one man, one vote

SCOPE OF SUFFRAGE: 1. Election the means by which the people choose their officials for definite and fixed periods and to whom they entrust, for the time being as their representatives, the exercise of powers of the government. Involves the selection or choice of a candidate by popular vote 2. Plebiscite the name given to a vote of the people expressing their choice for or against a proposed law or enactment submitted to them In the Philippines: it is applied to an election at which any proposed amendment to, or revision of, the Constitution is submitted to the people for ratification It is also required by the Constitution to secure the approval of the people directly affected, before certain proposed affecting LGUs may be affected 3. Referendum submission of a law passed by the national or local legislative body to the registered voters at an election called for the purpose of their ratification or rejection Mode for appealing from an elected body to the whole body of voters 4. Initiative process whereby the registered voters directly propose, enact or amend laws, national or local, through an election called for that purpose 5. Recall method by which a public officer may be removed from office during his tenure or before the expiration of his term by a vote of the people after registration of a petition signed by a required percentage of the qualified votes OBJECT OF SUFFRAGE Main Object: continuity of government and the preservation of its benefits Two-Fold Object: (1) enable the people to choose their representatives to discharge sovereign functions ( through elections) (2) determine their will upon such questions submitted to them (through a plebiscite, referendum, initiative or recall) POWER OF CONGRESS TO REGULATE SUFFRAGE:

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Why? The right of suffrage is a political right and it is within the power of the state to prescribe the manner in which it shall be exercised. Power to define qualifications of voters, regulate elections, prescribe form of official ballot, provide for the manner in which candidates shall be chosen and the names that shall be printed upon the ballot, regulate the manner and conduct of elections, exercise of police power CONSTITUTIONAL PROVISIONS ON SUFFRAGE: ARTICLE V Sec 1 prescribes the qualifications of voters; it leaves to the Congress the responsibility of determining who may be disqualified by law The Congress cannot add or alter such qualifications; the specification in the Constitution is an implied prohibition against interference Sec 2 Congress is mandated to enact a law prescribing procedures for the exercise of the right of suffrage by the disabled, illiterate, Filipinos abroad and absentee voting SUBSTANTIVE REQUIREMENTS FOR THE EXERCISE OF THE RIGHT OF SUFFRAGE: 1. Literacy was removed by the 1973 Constitution 2. Property under the 1987 Constitution, Congress cannot impose property requirement (a) property ownership NOT a test of an individual capacity - the ownership of property neither adds nor detracts from a mans capacity to function fully and properly as a political being (b) property requirement inconsistent with concept of republican government presupposes equal opportunity 3. Other Substantive Requirements Congress is prohibited by the Constitution to impose additional substantive requirements for voting like education, sex and taxpaying ability.

Chapter Two: COMMISSION ON ELECTIONS PURPOSE To protect the sanctity of the ballot To ensure free and honest expression of the popular will HOW TO ACHIEVE PURPOSE? By an independent office whose sole work is to enforce laws on elections. The intention is to place it outside the influence of political parties and the control of the legislative, executive and judicial organs of the government. COMPOSITION OF THE COMELEC SEVEN-MAN COMMISSION o 1 CHAIRMAN o 6 COMMISISONERS QUALIFICATIONS OF MEMBERS 1. Natural-born citizens of the Philippines, at the time of their appointment; 2. At least 35 years of age; 3. College degree holders 4. Must nor have been candidates for any election immediately preceding the election; 5. Majority are members of the bar, in practice for at least 10 years. reason for this is that the commission is a quasi-judicial agency. APPOINTMENT AND TERMS OF OFFICE OF MEMBERS The chairman and the commissioners are appointed by the president with consent of the COA; For a term of seven (7) years without reappointment; First appointed Commissioners (without reappointment): o 3 shall hold office for 7 years o 2 for 5 years o last members for 3 years

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A member appointed to fill a vacancy shall serve only for the unexpired term to preserve the staggered terms of office; Appointments in temporary or acting capacity in the commission are not allowed; The commission is an independent body and to preserve its independence, the members appointed to that position must permanent; That independence and impartiality may be shaken and destroyed by a designation of a person or officer to act temporarily in the commission. DISABILITIES OF MEMBERS 1. Cant hold any other office 2. Cant practice any other profession 3. Active management / control of any business which affects function of his office prohibited; 4. Prohibited from being financially interested in any contracts with govt, including GOCCs. The disabilities during their continuance in office are similar to those imposed on the president and vice-president. CONSTITUTIONAL POWER AND FUNCTIONS OF THE COMELEC The powers and functions of the comelec are spelled out in the Constitution, ART. IX-C Section 2: 1. ENFORCE AND ADMINISTER laws and regulations relative to the conduct of an ELECTION, PLEBISCITE, REFERENDUM AND RECALL; 2. JURISDICTION EXCLUSIVE ORIGINAL JURISDICTION Regional, provincial and city officials All contests relating to elections, returns and qualifications APPELLATE JURISDICTION Municipal officials decided by courts of general jurisdiction (RTCs?); Barangay officials decided by courts of limited jurisdiction (MTC?)

3. DECIDE all questions affecting elections, including determination of the 4. 5. 6. 7. 8. 9.

number and location of polling places, appointment of election officials and inspectors and registration of voters; DEPUTIZE, with the concurrence of the president, law enforcement agencies, including AFP, for the purpose of ensuring free, orderly elections; REGISTER, political parties, orgs, and coalitions; The parties must present their platforms; ACCREDIT, citizens arms of the comelec. FILE, petitions in court for inclusion or exclusion of voters; INVESTIGATE AND PROSECUTE cases of violations of election laws RECOMMEND TO CONGRESS measures to minimize election spending, limitation of places for propaganda materials and prevent and penalize all forms of election frauds, offenses and malpractice; RECOMMEND TO THE PRESIDENT the removal of any officers or employee deputized or for the imposition of disciplinary actions for violations blah blah; SUBMIT TO PRES. AND CONGRESS comprehensive report on conduct of election, pleb, ref, recall.

ON REGISTRATION: Comelec WILL DENY REGISTRATION: Religious denominations and sects shall not be registered; Those which seek to achieve their goals through violence or unlawful means; Those which refuse to uphold the Constitution; Those that are supported by any foreign government. Financial contributions from foreign governments and their agencies to political parties, organizations and candidates constitute interference and shall be additional ground for the cancellation of their registration with the comelec. COMELEC HAS POWER TO PUNISH FOR CONTEMPT Has power to enforce and administer laws relative to conduct of election Has power to prosecute and investigate; Has power to hear and decide any controversy submitted to it in connection with elections;

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Has POWER TO PUNISH FOR CONTEMPT (Rule 64); o The power of contempt is limited to its exercise of quasi-judicial powers. Thus, when commission exercises administrative functions, it cant use the power of contempt; o Must cover election controversies as to qualifications, returns etc. o What are these admin matters? Contracts Distribution of ballots etc.

Such supervision or regulation shall aim to ensure equal opportunity, time, and space for public information campaigns and for a among candidates in connection with the objective of holding free, orderly, honest, peaceful and credible elections. The provision seeks to place all candidates on more or less equal footing in making known their qualifications and platforms and their stand on public issues and thereby equalize their opportunities of winning at the polls. PARDON, ETC. OF VIOLATORS OF ELECTION LAWS (CONSTITUTION ART. IX0C, section 4) NO pardon, amnesty, parole or suspension of sentence for violation of election laws, rules and regulations shall be granted by the President without the favorable recommendation of the Commission. PURPOSE: to avoid the possibility of the president granting pardon etc. who may belong to his party or for political reasons. ELECTION AND CAMPAIGN PERIODS Election period: 90 days before election and 30 days thereafter (CONSTITUTION ART. IX-C, section 6) The comelec or congress, in special cases, may change the duration of the election period. The limitation is designed to minimize partisan political activities and expensive election contests. ELECTION PERIOD NOT SAME WITH CAMPAIGN PERIOD; o Election period includes 30 days after election as election period; o While campaign period can only include the 90 days prior to election day; REDITION OF DECISION AND JUDICIAL REVIEW (CONSTITUTION ART. IX-A, section 7) Comelec shall decide by majority vote of all members any case Within 60 days from date of its submission for decision or resolution; Deemed submitted for decision upon filing of the last pleading, brief, memo, requited by rules; Orders and rules subject to review by SC under certiorari, unless otherwise provided by Constitution;

FINALITY OF DECISIONS Where election contest involves elective municipal and barangay officials, the decision shall be final and executory; If regional, provincial and city officials, appealable to the SC. HEARING OF ELECTION CASES (CONSTITUTION ART. IX, SECTION 3) ELECTION CASES include preproclamation controversies and all such cases; Except those relating to election, returns and qualifications of members of congress which are under the exclusive jurisdiction of the HRET (house of rep electoral tribunal) Cases are first heard by a division of the commission Then appealed to Commission en banc; The commission, en banc, does not have the authority to hear and decide cases at the first instance. REGULATION OF PUBLIC ENTITIES (CONSTITUTION ART. IX-C, SECTION 4) Comelec, during election period, may o Supervise o Regulate The enjoyment or utilization of any franchises or permits for the operation of transportation and other public utilities, Media communication or information All grants, special privileges or concessions granted

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DECISION SUBJECT TO SC REVIEW UNDER CERTIORARI (RULE 65) It is its decision en banc that may be brought to SC The 60 day period for decision runs from the filing of the last pleading required by commission. REVIEW LIMITED TO QUESTIONS INVOLVING ABUSE OF DISCRETION The SC has no general power of supervision over the Comelec except to review the decisions or orders of the comelec on petition by certiorari by the aggrieved party. The certiorari jurisdiction of the SC should be confined to instances of grave abuse of discretion amounting to patent and substantial denial of due process; Findings of fact of administrative bodies charged with their specific field of expertise, are afforded great weight by the courts, and in the absence of substantial showing that such findings are made from an erroneous estimation of the evidence presented, they are conclusive, and in the interest of stability of the government structure, should not be disturbed. Only questions of law kasi nga certiorari REASON FOR LIMITED REVIEW Due regard to the independent character of the commission as a Constitutional body requires that the power of the court to review the acts of that body should, as a general proposition, be used sparingly or restrictively, with care and caution, but firmly in appropriate cases. Lower courts have no authority to review orders of the comelec; If case involves barangay or municipal officials, decision is final and executory. ORDER GRANTING EXECUTION PENDING APPEAL Execution pending appeal allowed by Section 2 Rule 39 of the Rules of Court is an exception to the general rule that only final judgments may be executed; This is strictly construed. It can only be allowed on the basis of good reasons to be stated in a special order; The reasons must be of such urgency as to outweigh the injury or damage of the losing party should the latter secure a reversal of the judgment on appeal.

RULES OF PROCEDURE The COMELEC en banc may promulgate its own rules concerning pleadings and practice before it or before any of its offices. Such rules shall not diminish, increase, or modify substantive rights; What are substantive rights? rights which substantive law declares or rights concerning life, liberty or property (bill of rights) Procedural rights refer to the remedies or means by which an aggrieved party, whose rights have been violated, may bring his case to suit, trial, and judgment. VOTES REQUIRED FOR RENDITION OF DECISION ART. IX-A, SECTION 7 comelec shall decide by a MAJORITY VOTE of all its members any case or matter brought before it; QUORUM of a DIVISION Two members shall constitute a quorum for the transaction of the official business of the division. DECISION OF A DIVISION unanimous concurrence of all three commissioners; such decision shall be considered as a decision of the commission; DIVISION; IF REQUIRED VOTES NOT OBTAINED in case there is a dissenting opinion, the case may be appealed to the commission en banc, in which case the vote of the majority thereof shall be the decision of the Commission; ADDITIONAL FUNCTIONS AS MAY BE PROVIDED BY THE LAW (CONSTITUTION ART. IX-A, Section 8) Comelec shall perform such other functions as may be provided by law. But congress cant diminish the powers and functions granted by the Constitution to the commission. POWERS AND FUNCTIONS OF THE COMMISSION UNDER THE OMNIBUS ELETION CODE 1. Exercise direct and immediate supervision and control over national and local officials or employees, including members of any national or local law enforcement agency; may also deputize ROTC cadets;

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2. Promulgate rules and regulations implementing the provisions of the this code or other laws; and require the payment of legal fees for business done by comelec; 3. Summons parties to controversy, issue subpoena and subpoena duces tecum, take testimony and investigate, conduct hearing, issue warrant of arrest; 4. Avail assistance of any national or local law enforcement agency to execute under its direct and immediate supervision any of its final decisions; 5. Punish contempt; 6. Enforce and execute decisions which shall have precedence over those emanating from other authority, except SC and habeas corpus; 7. Prescribe forms to be used un election, plebiscite and referendum; 8. Procure any supplies and equipment for elections etc. 9. Prescribe use or adoption of latest technological and electronic devices; 10. Carry out a continuing and systematic campaign through newspaper of general circulation, radios and other media to educate public; 11. Enlist non-partisan groups or organization of citizens from civic, youth, professional, educational, business or labor sectors known for their probity, impartiality and integrity and integrity with the membership and capability to undertake a coordinated operation and activity to assists it in the implementation of the provisions of the code and the resolutions, orders and instructions of the commission; 12. Conduct hearings on controversies; 13. Fix other reasonable periods for certain pre-election requirements in order that voters shall not be deprived of their right of suffrage and certain groups of rights granted them in the code.

REGISTRATION OF VOTERS means of determining the qualifications of voters, and of regulating the exercise of the right to vote through statutes requiring the names of those entitled to vote to be previously recorded by the officers provided for that purpose Registration Law statutes requiring names of those entitled to vote to be previously recorded Registration - act of listing the names NECESSITY OF REGISTRATION It is essential to the exercise of the right of suffrage, not the possession thereof Unless excused by some fact which the law itself deems sufficient, the voter must register if he would exercise his privilege REGISTRATION WITH ELECTION REGISTRATION BOARD (1) Election Registration Board (ERB) there shall be in each city and municipality as many Election Registration Boards as there are election officers therein to act on all applications for registration in thickly populated cities/municipalities Composition: (a) Election Officer (EO) as the Chairman (b) Members Public School Official most senior in rank and the Local Civil Registrar or in his absence, the city or municipal treasurer NOTE: The Election Officer is the highest official or authorized representative of the Commission in the municipality or city. (2) Illiterate or disabled applicants refer to persons who cannot by themselves prepare an application for registration because of their physical disability and/or inability to read and write An illiterate person may register with the assistance of the Election Officer or any member of an accredited citizens arm HOW? The EO shall place such person under oath and ask him questions and record the answers given in order to accomplish the application form. (3) Change of Residence or address any registered voter who has transferred residence to another city or municipality may apply with the EO of his new residence for the transfer of his registration book

Chapter Three: Requirements Before Election A. Registration

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Application for transfer of registration shall be subject to the requirements of notice and hearing and the approval of the ERB After approval and notice, the EO shall transmit by registered mail the voters registration record to the EO of the voters new residence (4) Notice and hearing of applications Upon receipt of application for reg, the EO shall set them for hearing, notice will be posted in the city or municipal bulletin board and in his office for at least one (1) week before the hearing (5) Challenges to right to register any voter, candidate or representative of a registered political party may challenge in writing any application for reg, stating the grounds therefore. (6) Approval and disapproval of the application the EO shall submit to the Board all applications for registration filed and by majority vote, approve or disapprove the applications upon approval, the EO shall assign a voters ID number and issue the corresponding ID card to the registered voter any aggrieved party may file a petition for exclusion or inclusion with the proper MTC or MetroTC (7) Publication of action on application for registration Within 5 days from the approval/disapproval of application, the Board shall post a notice in the bulletin board of the city or municipal hall PRESERVATION OF VOTERS REGISTRATION RECORD The EO shall compile the original copies of the approved application for reg per precinct and arrange the same alphabetically according to surname. - He shall preserve the book of voters and ensure its integrity (1) Provincial file consist of duplicate copies of all registration records in each precinct of every city or municipality in the province Shall be in the custody of the Provincial Election Supervisor National Central File under the custody of the Commission in Manila consisting of the 3rd copies of all the approved voter registration records

(1)

Voters ID card (VIC) issued to the registered voter which shall serve as a document for his ID In case of loss or destruction, no copy may be issued except to the registered voter himself or only upon the authority of the Commission Voters ID number (VIN) consists of three parts, each separated by a dash - Part 1: Current Address of the Voter - Part 2: Current Precinct Assignment of the Voter - Part 3: Permanent Birth and Name Code Unique to the Voter - Combined birth and name code is assigned during the lifetime of every voter.

(2)

DEACTIVATION, REACTIVATION AND CANCELLATION OF REGISTRATION (1) Deactivation of registration ERB shall deactivate the registration and remove the registration records of the following persons: Any person sentenced by final judgment to suffer imprisonment for not less than 1 year regains the right to vote after 5 years of service of sentence Any person adjudged by final judgment by a competent court or tribunal of having caused/committed any crime involving disloyalty to the duly constituted government regains right to vote 5 years after service of sentence Any person declared by competent authority to be insane or incompetent subsequently removed by a declaration of a proper authority Any person who did not vote in the 2 successive preceding regular elections Any person whose registration has been ordered excluded by the court Any person who has lost his Filipino citizenship (2) Reactivation of registration any voter whose registration is deactivated may file with the EO a sworn application for reactivation of his registration in the form of an affidavit stating that the grounds for the deactivation no longer exist Cancellation of Registration the Board shall cancel the registration of those who have died as certified by the local Civil Registrar

(2)

(3)

IDENTIFICATION OF VOTERS

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LIST OF VOTERS PER PRECINCT List of Voters enumeration of names of registered voters in a precinct duly certified by the ERB for use in the election (1) Permanent list of voters consists of all registered voters residing within the territorial jurisdiction of every precinct indicated by the precinct maps (a) Accompanied by an addition/deletion list for the purpose of updating (b) Not be changed or altered or transferred to another precinct without the express written consent of the voter (2) Computerization computer printouts of the list of voters duly certified by the Board are official documents and shall be used for voting and other election related purposes as well as for legitimate research need Preparation and posting of the certified list of voters 90 days before a regular election and 60 days before a special election

(b) notice of the place, date and time of the hearing served on the members of the ERB and the challenged voter upon filing of petition (c) petition shall refer only to one (1) precinct and implead the Board as respondent; (d) no costs shall be assessed against any party in these proceedings except when the court shall find that the application has been filed solely to harass the adverse party and cause him to incur expenses; (e) any voter, election official or political party may intervene and present his evidence; (2) Jurisdiction in inclusion and exclusion cases MTC and MetroTC shall have original and exclusive jurisdiction over all cases of inclusion and exclusion of voters (3) Petition for inclusion of voters in the list

(3)

(4) Petition for exclusion of voters in the list (5) Verification of list of registered voters (6) Voter excluded through inadvertence or registered with an erroneous or misspelled name (7) Voter excluded through inadvertence or with erroneous or misspelled name NOTE: The summary character of an exclusion case makes the decision that a court may render thereon even if final and unappealable does not acquire the nature of res judicata.

(1)

BOOK OF VOTERS compilation of all registration records in a precinct Sealing ERB shall notify within 15 days before the start of the campaign period representatives of all registered political parties and members of the Board of Election inspectors to inspect and verify the completeness of the voters registration records After verification and certification, the Board shall seal the book of voters in the presence of the Board inspectors at the start of the campaign period and take custody of the same until their distribution to the Board on the day of the election Annulment upon verified petition of any voter or election officer or duly registered political party and after notice and hearing, annul any book of voters that is not prepared in accordance with RA 8189 or was prepared through fraud, bribery, forgery, impersonation, intimidation, forcer or any similar irregularity, or which contains data that are statistically improbable INCLUSION, EXCLUSION AND CORRECTION OF NAMES OF VOTERS (1) Judicial proceedings: (a) petition for inclusion or correction of names of voters filed during office hours;

(2)

QUALIFICATIONS OF A VOTER: (1) Citizenship by birth or naturalization (2) Age a person may be registered as a voter although he is less than 18 years at the time of registration if he will be at least 18 at the time of the election

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(1) (3) Residence place of his domicile (its determination depends upon intention which may be inferred from his acts, activities and utterances (a) In election cases, the SC treats domicile and residence as synonymous terms. In order to acquire a new domicile by choice, there must concur: - residence or bodily presence in the new locality; - intention to remain there; - intention to abandon the old domicile In other words, there must be basically animus manendi coupled with animus non rivertendi. (b) Registration and voting by a person in another place do not by themselves constitute abandonment of the legal residence, where the stay in the former cannot be considered as voluntary but a necessity in order to continue his studies Absence from the residence of origin to practice a profession does not constitute loss of residence Not necessary that a person should have a house in order to establish his residence and domicile in a municipality

Establishment The COMELEC shall draw updated maps of all the precincts nationwide.

Precinct maps sketch or drawing of a geographical area stated in terms of streets blocks or sitios the residence of which would belong to a particular precinct (2) Arrangement every barangay shall have at least 1 precinct which in turn shall have no more than 200 voters and shall comprise of contiguous and compact territories A precinct shall be allowed to have less than 200 registered voters under the ff conditions: (a) As soon as the 200-limit for every precinct has been reached, a spin-off or daughter precinct shall be automatically created to accommodate voters residing within the territorial jurisdiction of the original precinct (b) An island or group of islands with less than 200 voters may comprise 1 original precinct PUBLICATION OF MAPS OF PRECINCTS: When? At least 5 days before the 1st registration day preceding a regular or special election or a referendum or a plebiscite How? Posting in the city hall or municipal building and in 3 conspicuous places in the city or municipality POLLING PLACES AND THEIR DESIGNATION Polling Place building or place where the board of election inspectors conducts its proceedings and where the voters cast their votes Voting Center building or place where the polling place is located

(c) (d)

DISQUALIFICATIONS FROM VOTING: The following shall be disqualified from voting: (1) Any person sentenced by final judgment to suffer imprisonment for not less than one (1) year, such disability not having been removed by plenary pardon or granted amnesty; (2) adjudged by final judgment of having committed any crime involving disloyalty to the duly constituted government; (3) insane or incompetent persons as declared by competent authority unless subsequently declared as otherwise B. Precincts and Polling Places ELECTION PRECINCTS basis unit of territory established by the COMELEC for the purpose of voting

Note: No location shall be changed within 45 days before a regular election and 30 days before a special election or a referendum or plebiscite except in case it is destroyed or it cannot be sued. ARRANGEMENTS AND CONTENTS OF POLLING PLACES (1) During the voting, there shall be in each polling place a booth for every 20 voters registered in the precinct.

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(2)

There shall be a guard rail between the voting booths and the table for the board of election inspectors which shall have separate entrance and exit. On the day of the voting, a ballot box one side of which shall be transparent which shall be set in manner visible to the voting public containing two compartments, namely, the compartment for valid ballots and the compartment for spoiled ballots There shall be at least 10 voting booths of such size, specifications and materials as the Commission may provide to enable voters to fill out their ballots secretly,

(3)

(4)

FORM AND CONTENTS OF BALLOTS: (1) It shall be uniform in size and shall be provided by the Commission Printed in black ink on white security paper with distinctive, clear and legible watermarks that will readily distinguish it from ordinary paper It shall be in the shape of a strip with stub and detachable coupon containing the serial number of the ballot and a space for the thumb mark of the voter on the detachable portion It shall bear at the top of the middle portion the coat-of-arms of the Republic of Putobumbong, the words Official Ballot, the name of the city or municipality and province in which the election is to be held, the date of the election and the following notice in English: Fill out this ballot secretly inside the voting booth. Do not put any distinctive mark on any part pf this ballot. (2) It shall contain the names of all the offices to be voted for in the election, allowing sufficient space with horizontal lines where the voter may write the name of the individual candidates voted for by him There shall not be anything printed or written at the back of the ballot except as provided in Sec 24 of the Election Code

FURNISHING OF BALLOT BOXES, FORMS, and STATIONARIES AND MATERIALS FOR ELECTION: The COMELEC shall prepare and furnish the ballot boxes, forms, stationeries and materials necessary for the registration of voters and the holding of elections. REQUISITION, PRINTING, AND DISTRIBUTION OF OFFICIAL BALLOTS AND ELECTION RETURNS: (1) The official ballots and election returns shall be printed upon orders of the COMELEC. Requisition of the ballots shall be for each city and municipality at the rate of 1 and 1/5 ballot for every registered voter in the nest preceding election, and for election returns, at 1 set thereof for every polling place. (2) It shall be printed by the Government Printing Office and/or the Central Bank printing facilities exclusively, under the exclusive supervision and control of the Commission It shall be distributed in each city or municipality at the rate of 1 and 1/5 ballot for every registered voter in each polling place The ruling party and the dominant opposition party or their respective duly authorized representatives shall submit the names of their respective watchers

(3)

SIGNATURE OF THE CHAIRMAN AT BACK OF EVERY BALLOT: The Chairman of the Board of Election Inspectors in the presence of the voter shall affix his signature at the back of his ballot Failure to do so shall be noted in the minutes of the board of election inspectors and shall constitute an election offense punishable under Sec. 263 and 264 of the Election Code. PUBLICATION OF OFFICIAL BALLOTS. ETC.: At least 10 days before an election in a newspaper pf general circulation certified data on the number of official ballots and election returns and the names and addresses of the printers and the number printed by each.

(3)

(4)

C. Certificates of Candidacy

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(4) CANDIDATE any person aspiring for or seeking an elective public office, who has filed a certificate or candidacy by himself or through an accredited political party, aggroupment, or coalition of parties. FILING OF CERTIFICATE OF CANDIDACY (CC) (1) No person shall be eligible for any elective public office unless he files a sworn CC within the period fixed by the Omnibus Election Code. (2) No person shall be eligible for more than 1 office to be filed in the same election. And if he files his CC for more than 1 office, he shall not be eligible for any of them. Provided that before the expiration of the period to file a CC, the person who has filed such may declare under oath the office which he desires to be eligible and cancel the CC for the other office/s. Any vote in favor a person who has not filed a CC or in favor of a candidate for any office for which he did not present himself is void and counted as a stray vote but DOES NOT INVALIDATE the whole ballot.

CCs for city and municipal offices city or municipal election registrar concerned

WITHDRAWAL OF THE CC: How? By submitting, prior to the election, to the office concerned a written declaration under oath which shall not affect whatever criminal, civil or administrative liabilities which a candidate may have incurred AUTOMATIC RESIGNATION (1) Any person holding a public appointive office or position, including active members of the AFP, and officers and employees in GOCC shall be considered ipso facto resigned from his office upon the filing of his CC. (2) Any elective official, whether national or local, running for any office other than the one which he is holding in a permanent capacity, except for the Pres and Vice-Pres

(3)

(4)

Stated differently, forfeiture is automatic and permanently effective upon the filing of the CC for another office. Only the moment and act of filing are considered. The automatic and permanent loss of office by any elective official makes no exception for officials under suspension when they file CC for another office.

TIME AND PLACE OF FILING: Under RA 7166 which provides for synchronized national and local elections, the CCs shall be filed in 5 legible copies with the COMELEC not later than the day before the date legally fixed for the beginning of his campaign period. (1) (2) CCs for Pres, Vice-Pres and Senators main office in Manila CCs for Members of the House of Representatives provincial election supervisor of the province concerned CCs for provincial offices provincial election supervisor concerned

An official who is considered as resigned upon the filing of his CC is not restored to his position by withdrawal of the same. CERTIFIED LIST OF CANDIDATES: The COMELEC shall cause to be printed a certified list of candidates containing the names of all the registered candidates for each office to be voted for in each city or province or municipality immediately followed by the nickname or stage name of each candidate duly registered in his CC and his political party affiliation, if any. CANDIDATES IN CASE OF DEATH, DISQUALIFICATION OR WITHDRAWAL OF ANOTHER: (1) If after the last day for the filing of the CC, an official candidate of a registered or accredited political party dies, withdraw or is disqualified for any

(3)

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cause, only a person belonging to, and certified by, the same political party may file a CC to replace the candidate. (2) If it occurs between the day before the election and mid-day of election day, said CC may be filed with any board of election inspectors in the political subdivision where his is a candidate The substitute candidate need not be a member of the political party concerned prior to his nomination as its official candidate.

It has been held that the defects of the CC should be questioned on or before the election and not after the will of the people has been expressed through the ballots. DISQUALIFICATIONS: same as the disqualifications for voters EFFECTS OF DISQUALIFICATION: (1) After final judgment the candidate shall not be voted for, and the votes cast for him shall not be counted. (2) Before final judgment The Court or Commission shall continue with the trail and hearing of the action, inquiry or protest and upon motion of the complainant or any intervenor, may, during the pendency thereof, order the suspension of the proclamation of such candidate whenever the evidence of his guilt is strong.

(3)

PETITION TO DENY DUE COURSE TO OR CANCEL A CC: Who may file? Any person exclusively on the ground that any material representation contained therein as required is false. When? At any time not later than 25 days from the time of the filing of the CC and shall be decided, after due process and hearing, not later than 15 days before the election. The COMELEC may motu propio or upon verified petition of an interested party, refuse to give due course to or cancel a CC if the ff situations are extant: (1) if it is shown that the CC has been filed to put an election process in mockery or disrepute; (2) if CC was filed to cause confusion among the voters by the similarity of the names of the registered candidate; (3) if there are any other circs or acts which clearly demonstrate that the candidate has no bon fide intention to run for the office which the CC has been filed and thus prevent faithful determination of the true will of the electorate. Note: A cancelled CC cannot give rise to a valid candidacy, and much less to valid votes. Where, however, the ruling is not yet final on lection day, the duty of the court is to ascertain the will of the electorate under the factual circs of the case. REMEDY WHERE CANDIDATE HAS BEEN PROCLAIMED: If winning candidate is NOT eligible because of failure to file properly his CC as required by law contest his election after he has been duly proclaimed.

(3)

Candidate who obtained the second highest number of votes if the candidate who obtained the highest number of votes is later disqualified, this does not mean that the one who obtained the 2nd highest number of vote will be declared as the elective officer. - Sound public policy dictates that the public offices are filled by those who have received the highest number of votes Chapter Four: ELECTION CAMPAIGN AND EXPENDITURES

A. CAMPAIGN AND ELECTION PROPAGANDA 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. What does it include? 1. Forming organizations or group of persons 2. Holding political caucuses, meetings, rallies, or other similar assemblies; 3. Making speeches or commentaries; and

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4. Publishing or distributing campaign literature or materials for the purposes of soliciting votes and/or undertaking any campaign or propaganda to support or oppose the election of any candidate. What it DOES NOT include? 1. Public expressions of opinions or discussion of probable issues in a forthcoming election; 2. Attributes or criticisms of probable candidates proposed to be nominated in a forthcoming political party convention. What are prohibited acts? 1. It shall be unlawful for any person, whether or not a voter or candidate, or for any party, or association of persons, to engage in an election campaign or partisan political activity, except during the campaign period. 2. It shall be unlawful for any foreigner, whether juridical or natural person, to aid any candidate or political party, directly or indirectly, or take part in or influence in any manner any election, or to contribute or make any expenditure in connection with any election campaign or partisan political activity. 3. It shall be unlawful for any person during the campaign period to remove, destroy, obliterate, or in any manner deface or tamper with, or prevent the distribution of lawful election propaganda. 4. It shall be unlawful for any candidate, political party, organization, or any person to give or accept, free or charge, directly or indirectly, transportation, food or drinks or things of value during the five hours before and after a public meeting, on the day preceding the election, and on the day of the election; or to give or contribute, directly or indirectly, money or things of value for such purpose. What are lawful election propaganda? 1. Pamphlets, leaflets, cards, decals, stickers or other written or printed materials of a size not more than 8 inches in width and 14 inches in length. Requirements for published or printed election propaganda: Any newspaper, newsletter, newsweekly, gazette or magazine and advertising, posters, pamphlets, circulars, handbills, bumper

stickers, streamers, sample list of candidates or any published or printed political matter for or against a candidate or group of candidates to any public offices; Shall be bear and be identified by the word 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 addresses of the printer. 2. Handwritten or printed letter urging voters to vote for or against any particular candidate; 3. Cloth, paper or cardboard posters, whether framed or posted, with an area not exceeding 2x3 feet; Except: At the site and on the occasion of a public meeting or rally, or in announcing the holding of said meeting or rally, streamers not exceeding 3x8 feet in size shall be allowed. However, said streamers may not be displayed except one week before the date of meeting or rally that it shall be removed within 72 hours after said meeting or rally; or 4. All other forms of election propaganda not prohibited by the Omnibus Election Code as the COMELEC may authorize after due notice to all interested parties and hearing where all the interested parties were given an opportunity to be heard. The Commissions authorization shall be published in two newspapers of general circulation throughout the nation for at least twice within one week after authorization has been granted. What are prohibited forms of election propaganda? 1. To print, publish, post or distribute any poster, pamphlet, circular, handbill, or printed matter urging voters to vote for or against any candidate unless they bear the names and addresses of the printer and payor as required; 2. To erect, put up, make use of, attach, float or display any billboard, tinplate-poster, balloons and the like, of whatever size, shape, form or kind, advertising for or against any candidate for or against any candidate or political party; 3. To purchase, manufacture, request, distribute or accept electoral propaganda gadgets, such as pens, lighter, fans of whatever nature, flashlights, athletic goods or materials, wallets, shirts, hats, bandanas, matches, cigarettes and the like, EXCEPT that campaign

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4.

5.

supporters accompanying a candidate shall be allowed to wear hats and/or shirts or T-shirts advertising a candidate; To show or display publicly any advertisement or propaganda for or against any candidate by means of cinematography, audio-visual units or other screen projections EXCEPT telecasts which may be allowed under certain conditions; and For any radio broadcasting or television to sell or give free of charge air time for campaign and other political purposes EXCEPT as authorized in the Code under the rules and regulations promulgated by the Commission pursuant thereto. Any prohibited election propaganda gadget or advertisement shall be stopped, confiscated or torn down by the representative of the Commission upon specific authority of the Commission.

means to recoup election expenses and prepare for the next electoral campaigns. Regulation of election propaganda through mass media: 1. The COMELEC shall promulgate rules and regulations regarding the sale of air time for partisan political purposes during the campaign period to insure that equal time as to duration and quality is available to all candidates for the same officer or political parties at the same rates or given free of charge. 2. All contracts for advertising in any newspaper, magazine, 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, magazine, periodical or publication with the Commission. In every case, it shall be signed by the candidate concerned or by the duly authorized representative of political party. 3. No franchise or permit to operate a radio or television station shall be granted or issued, suspended for cancelled during the election period. Any radio or television station, including that owned or controlled by the government, shall give free of charge equal time and prominence to an accredited political party or its candidates if it gives free for charge air time to an accredited political party or its candidates for political purposes. In all instances the COMELEC shall supervise the use and employment of press, radio and television facilities as to give candidates equal opportunities under equal circumstances to make known their qualifications and their stand on public issues within the limits set forth in the Code for election spending. Rules, meetings, and other political activities: 1. Subject to the requirements of local ordinances on the issuances of permits, any political party supporting official candidates or any candidate individually or jointly with other aspirants may hold peaceful political rallies, meetings, and other similar activities during the campaign period. 2. Any political party or candidate shall notify the election registrar concerned of any public rally said political party or candidate intends to organize and hold in the city of municipality, and within 7 working days thereafter submit to the election registrar a statement of expenses incurred in connection therewith. COMELEC space, poster area, time, and information bulletin:

As provided for by RA 6646 6. To draw, paint, inscribe, write, post, display or publicly exhibit any election propaganda in any place, whether private or public, EXCEPT in the common poster areas and/or billboards at the candidates own residence, or at the campaign headquarters of the candidate or political party: such posters or election propaganda shall in no case exceed 2x3 inches in area. At the site of and on the occasion of a public meeting or rally, streamers, not more than 2-3x8 inches may be displayed 5 days before the date of the meeting or rally, and shall be removed within 24 hours after said meeting or rally; and 7. For any newspaper, radio broadcasting or television station, or other mass media to sell or to give free of charge print space or air time for campaign or other political purposes EXCEPT to the Commission as provided under Sections 90 and 92 of Omnibus Election Code. Any mass media columnist, commentator, announcer or personality who is a candidate for any elective public office shall take a leave of absence from his work as such during the campaign period. Purpose of ban on mass media advertising: To prevent well-funded candidates from unfairly dominating the use of mass media through paid advertisements at the expense of candidates from the less affluent strata of society. Rationale: To place them on equal footing insofar as media advertising is concerned and make electoral campaigns less expensive, thus minimizing the need to amass funds through illegal or questionable

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1. COMELEC SPACE The COMELEC shall procure space in at least one

newspaper of general circulation in every province or city. In the absence of said newspaper, publication shall be done in any other magazine or periodic in said province or city, wherein candidates can announce their candidacy. Said space shall be allocated, free of charge, equally and impartially by the COMELEC among all candidates within the area in which the newspaper is circulated. The use of COMELEC space is personal to the candidate. He cannot delegate or transfer the use to any other person. 2. The COMELEC shall designate common poster areas in strategic public places such as markets, barangay center and the like wherein candidates can post, display, or exhibit election propaganda to announce further their candidacy. Whenever feasible, common billboards may be installed by the COMELEC and/or non-partisan private or civic organizations which the COMELEC may authorize whenever available, after due notice and hearing, in strategic places where it may be readily seen or read, with the heaviest pedestrian and/or vehicular traffic in the city or municipality. The space in such a common poster area or billboards shall be allocated free of charge, if feasible, equitably and impartially among the candidates in the province, city, or municipality. 3. COMELEC TIME The COMELEC shall procure radio and television time, which shall be allocated equally and impartially among the candidates within the areas of coverage of said radio and television stations. For this purpose, the franchise of all radio broadcasting and television stations are hereby amended so as to require, radio or television time, free of charge, during the period of the campaign. 4. COMELEC BULLETIN The COMELEC shall cause the printing and supervise the dissemination of bulletins, which shall be of such size as to adequately contain the picture, bio-data and program of government of every candidate. Said bulletin shall be disseminated to the voters or displayed in such places as to give due prominence thereto. Any candidate may reprint at his expense, any COMELEC bulletin upon prior authority of the Commission. Said reprint shall be the exact replica of the original and shall near the name of the candidate causing the reprint and the name of the printer. Public Forum:

The COMELEC shall encourage non-political, non-partisan private or civic organizations to initiate and hold in every city and municipality, public for at which all registered candidates for the same office may simultaneously and personally participate to present, explain, and/or debate in their campaign platforms and programs and other like issues. The Commission shall promulgate the rules and regulations for the holding of such to assure its non-partisan character and the equality of access thereto by all candidates. B. ELECTORAL CONTRIBUTIONS AND EXPENDITURES What is contribution? As used in the Omnibus Election Code, 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 illegally enforceable, made for the purpose of influencing the results of the elections. It shall include the use of facilities voluntarily donated by other persons, the money value of which can assessed based on the rates prevailing in the area. What does contribution NOT include? Services rendered without compensation by individuals volunteering a portion or all of their time in behalf of a candidate or political party. What is expenditure? As used in the Omnibus Election Code, the term expenditure includes the payment or delivery of money or anything of value, or a contract, promise or agreement to make an expenditure for the purpose of influencing the results to the election. It shall also include the use of facilities owned by the candidate, the money value of the use of which can be assessed based on the rates prevailing in the area. What are prohibited contributions? Contributions that are made, directly or indirectly by any of the following: 1. Public or private financial institutions. Exception: They are not prohibited from making any loan to a candidate or political party if they are legally in the business of lending money, and that the loan is made in accordance with laws and regulations in the ordinary course of business; 2. Natural and juridical persons:

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a. Operating a public utility or in possession of or exploiting any natural resources of the nation; b. Who holds contracts or subcontracts to supply the government or any of its divisions, subdivisions or instrumentalities, with goods and services or to perform construction or other works; c. Who have been granted franchises, incentives, exemptions, allocations or similar privileges or concessions by the government or any of its divisions, subdivisions or instrumentalities, including GOCC; d. Who, within one year prior to the date of the election, have been granted loans in excess of P25,000 by the government, any of its divisions, subdivisions or instrumentalities including GOCC. 3. Educational institutions which have received grants of public funds amounting to no less than P100,000; 4. Officials or employees in the Civil Service, or members of the AFP; and 5. Foreigners and foreign corporations. What are prohibited soliciting of contributions? 1. It shall be unlawful for any person to solicit or receive any contribution from any of the person or entities enumerated above; 2. It 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 purpose of influencing the results of the election. What are prohibited raising of funds? It shall be unlawful: 1. For any person to hold dances, lotteries, cockfights, games, boxing bouts, beauty contests, 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 2. For any purpose or organization, 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 the commencement of the election period up to and including the election day.

What are excluded from the prohibitions? Normal and customary religious stipend, titles, or collection on Sundays and/or other designated collection days. What are the LIMITATIONS upon expenses? The aggregate amount that a candidate or registered political party may spend for election campaign shall be as follows: 1. For candidates for every voter currently registered in the constituency where he filed his certificate of candidacy: a. President and Vice-President Ten pesos; b. For other candidates Three pesos; c. Candidate without any political party and without support from any political party Five pesos; 2. For political parties Five pesos for every voter current registered in the constituency or constituencies where it has official candidates. Any provision of law to the contrary notwithstanding, any contribution in cash or in kind to any candidate or political party or coalition of parties for campaign purposes, duly reported to the Commission shall not be subject to the payment of any gift tax. What are prohibited donations by candidate? 1. Who are prohibited: Candidate, his or her spouse or any relative within the 2nd degree of consanguinity or affinity, or his campaign manager, agent, or representative. The prohibition applies to treasurers, agents or representatives of any political party. 2. When does the prohibition apply: During the campaign period, on the day before and on the day of the election. 3. What are EXCLUDED from prohibited donations: Direct or indirect donation, contribution or gift in cash or kind, or undertake or contribute to the construction or repair of roads, bridges, schoolhouses, puericulture centers, pavements, or any structure for public use or the use of any religious or civic organizations, such as religious stipends, titles or collections on Sundays or other designated collection days, as well as periodic payments for legitimate scholarships established and school contributions habitually made before the prohibited period.

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Statement of contributions and expenditures: 1. Time for filing Every candidate and treasurer of a political party shall, within 30 days after the day of the election, file in duplicate with the offices of the Commission, full, true and itemized statements of all contributions and expenditures in connection with the election. It shall be the duty of every city or municipal election registrar to advise in writing, by personal delivery or registered mail within 5 days from the date of election all candidates residing in his jurisdiction to comply with their obligation to file their statements of contributions and expenditures. 2. Effect of failure to file No person elected to any public office shall enter upon the duties of his office until he has filed the statement of contributions and expenditures above required. The same prohibition shall apply if the political party which nominated the winning candidate fails to file the statement required within the period prescribed by the Act. a. Administrative fine ranging from P1,000 to P30,000 in the discretion of the Commission, EXCEPT candidates for elective barangay office. b. The fine shall be paid within 30 days from receipt of notice of such failure; otherwise, it shall enforceable by a writ of execution issued by the Commission against the properties of the offender; c. For the commission of a second or subsequent offense, the administrative fine shall be from P2,000 to P60,000, in the discretion of the Commission. In addition, the offender shall be subject to perpetual disqualification to hold public office. C. POLITICAL PARTIES What is the meaning of political party under the Code? Political party or party means an organized group of persons pursuing the same ideology, political ideas or platforms of government and includes its branches and divisions. This requires that the group be joined in a party corporate, articulate with the attributes of social personality, set of bylaws, rules, or charter, or agreement as to how the group shall function, be presided over and express its collective will. A political party may refer to a local regional or national party existing and duly registered and accredited by the COMELEC. Registration of political parties:

1. To acquire juridical personality, qualify it for subsequent accreditation, and entitle it to right and privileges granted to political parties, a political party shall first be duly registered with the COMELEC. 2. Any registered political party that, singly or in coalition with other, fails to obtain at least 10% of the votes cast in the Constituency in which it nominated and supported a candidate or candidates in the election next following its registration shall, after notice and hearing, be deemed to have forfeited such status as a registered political party in such Constituency. 3. Any organized group of persons seeking registration as a national or regional political party may file with the COMELEC a verified petition attaching thereto its Constitution and by-laws, platforms or program of government and such other relevant information as may be required by the Commission. The Commission shall after due notice and hearing, resolve the petition within 10 days from the date it is submitted for decision. 4. No religious sect shall be registered as a political party and no political party which seeks to achieve its goal through violence shall be entitled to accreditation. 5. The COMELEC shall require publication of the petition for registration or accreditation in at least three newspapers of general circulation and shall, after due notice and hearing, resolve the petition within 15 days from the date it is submitted for decision. Nomination and Selection of official candidates: No political convention or meeting for the nomination or election of the official candidates of any political party or organization or political groups or coalition thereof shall be held earlier than the following periods: 1. For President, Vice-President, and Senators 165 days before the day of the election; and 2. For members of the House of Representatives and elective provincial, city or municipal official 75 days before the day of the election A. The party-list system The House of Representatives shall be composed of not more than two hundred and fifty members, unless otherwise fixed by

1. Constitutional provision Section 5(1) of Article VI of the Constitution:

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2.

3.

law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations. Implementing law RA 7941: Provides for the election of party-list representatives through the party-list system and requires the Commission to undertake various activities within the prescribed periods which activities are difficult to accomplish within the periods prescribed therein. Definition of terms Under RA 7941: a. Party-list system mechanism of proportional representation in the election of representatives to the House of Representative from national, regional, and sectoral parties, organizations and coalitions thereof registered with the COMELEC. Component parties or organizations of a coalition may participate independently provided the coalition of which they from part does not participate in the party-list system. b. Party either a political party or sectoral party or a coalition of parties, c. Political party organized group of citizens advocating an ideology or platform, principles and policies for the general conduct of government and which, as the most immediate means of securing their adoption regularly nominates and supports certain of its leaders and members as candidates for public office. i. National party when its constituency is spread over the geographical territory of at least a majority of the regions. ii. Regional party when its constituency is spread over the geographical territory of at least a majority of the cities and provinces comprising the region. d. Sectoral party organized group of citizens belonging to any of the sectors enumerated in Section 2 of the Act hereof whose

principal advocacy pertains to the special interests and concerns of their sector. e. Sectoral organization a group of citizens or a coalition of groups of citizens who share similar physical attributes or characteristics, employment, interests or concerns. f. Coalition aggrupation of duly registered, national, regional, sectoral parties or organizations for political and/or election purposes. 4. Registration Under COMELEC Resolution No. 2847 (June 25, 1996) a. Any organized group of persons desiring to participate in the party-list systems as a national, regional or sectoral party or organization or a coalition of such parties or organizations may register as a party, organization, or coalition, by filing with the Commission, not later than 180 days before the election, a petition verified by its president or secretary, attaching thereto its Constitution, by-laws, platforms or program of government, list of officers, coalition agreement and other relevant information as the Commission may require. b. The sectors shall include labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and professionals. 5. Petition and manifestation; filing fee Every petition or manifestation shall be filed by any authorized representative of the political or sectoral party, organization, coalition thereof with any of the following offices of the Commission: a. Law department if the petition involves national Constituency; or b. The Office of the Regional Election Director regional Constituency. No petition or manifestation shall be accepted without a filing fee of P1000 and a research fee of P20. 6. Procedure: a. Upon receipt of the petition, the Law Department or the Regional Election Director, as the case may be, shall determine whether the petition is in due form and substance and thereafter shall verify the existence of the petitioner in the Constituency and all matters required, and within 7 days after such inquiry, submit the petition and its supporting documents, filing fee, together with his

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7.

8.

9.

10.

findings and recommendations to the Commission, through the Law Department; b. The Commission shall, after due notice and hearing, resolve the petition within 15 days from the date it was submitted for decision but not later than 90 days before the election day. Manifestation to participate in the party-list system Any party, organization, or coalition already registered with the Commission need not register anew. However, such party organization or coalition shall file with the Commission, not later than 90 days before the election, a manifestation of its desire to participate in the party-list system. Removal and/or cancellation of registration Any Commission may motu proprio or upon verified complaint of any interested party, remove or cancel, after due notice and hearing, the registration of any national, regional or sectoral party, organization or coalition on any of the following grounds: a. It is a religious sect or denomination, organization or association organized for religious purposes; b. It advocates violence or unlawful means to seek its goal; c. It is a foreign party or organization; d. It is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or through any of its officers or member or indirectly through third parties for partisan election purposes; e. It violates or fails to comply with laws, rules or regulations relating to elections; f. It declares untruthful statements in its petition; g. It has ceased to exist for at least 1 year; or h. It fails to participate in the last 2 preceding elections for the Constituency in which it was registered. Certified list of registered parties The Commission shall, not later than 15 days before election, prepare a certified list of national, regional, or sectoral parties, organizations or coalition which have applied or manifested their desire to participate under the party list system and distribute copies thereof to all precincts for posting in the polling places on election day. The names of the party-list nominees shall not be shown on the certified list. Nomination of party-list representative Each registered party, organization, or coalition shall submit to the Commission not later than

90 days before the election a list of names, not less than 5, from which party-list representative shall be chosen in case it obtains the required number of votes. 11. Limitations of party-list nominations: a. A party may be nominated by one party, organization/coalition in one list only. Any person giving consent to be nominated more than once shall be disqualified. b. Only persons who have given their consent in writing may be named in the list; c. The list shall not include any candidate for any elective office in the same election or a person who has not lost his bid for an elective office in the immediately preceding elections; d. No change of name or alteration in the order of nominees shall be allowed after the same has been submitted to the Commission EXCEPT in cases where the nominee dies, his nomination is withdrawn in writing and under oath, or become incapacitated, in which case the name of the substitute nominee shall be placed last in the list; and e. Incumbent sectoral representatives in the House of Representatives who are nominated in the party-list system shall not be considered resigned. 12. Qualifications of party-list nominees: a. A natural-born citizen of the Philippines; b. A registered voter; c. A resident of the Philippines for a period of not less than one year immediately preceding the day of the election; d. Able to read and write; e. A bona fide member of the party or organization which he seeks to represent for at least 90 days preceding the day of the election; and f. At least 25 years of age on the day of the election. In a case of a nominee of the youth sector, he must at least be 25 but not more than 30 years of age on the day of the election. Any youth sectoral representative who attains the age of 30 during his term shall be allowed to continue in the office until the expiration of his term. 13. Manner of voting Every voter shall be entitled to 2 votes. The first is a vote for the candidate for member of the House of Representatives in his

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legislative district, and the second, a vote for the party, organization or coalition he wants represented in the House of Representatives. A vote cast for a party, sectoral organization, or coalition not entitled to be voted shall not be counted. 14. Number of party-list representative The party-list representatives shall Constitute 20% of the total number of the members of the House of Representative including those under the party-list. In determining the allocation of seats for the second vote, the following procedures shall be observed: a. The parties, organizations, and coalitions shall be ranked from the highest to the lowest based on the number of votes they garnered during the elections; and b. The parties, organizations receiving at least 2% of the total votes cast for the party-list system shall be entitled to one seat. Those garnering more than 2% of the votes shall be entitled to additional seats in proportion to their total number of vote. However, each party, organization or coalition shall be entitled to not more than 3 seats. 15. Procedure in allocating seats fir party-list representatives The Commission shall tally all the votes for the parties, organizations, and coalitions on a nationwide basis, rank them according to the number of votes received and allocate a party-list representatives proportionately according to the percentage of votes obtained by each party, organization, and coalition as against the total nationwide votes cast for the party-list system. 16. How party-list representatives are chosen According to their ranking in said list. 17. Term of office they shall serve for a term of 3 years which shall begin, unless otherwise provided for by law, at noon on the 30th day of June next following their election. No party-list representative shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term. 18. Change of affiliation; effect any selected party-list representative who changes his political party or sectoral affiliation during his term of office shall forfeit his seat. If he changes his political or sectoral affiliation within 6 months before an election, he shall not be eligible for nomination as party-list representative under his new party or organization.

19. Vacancy the vacancy shall automatically filled by the next representative from the list of nominees in the order submitted to the Commission by the same party, organization, or coalition, such representative shall serve for the unexpired term. If the list is exhauster, the party, organization, or coalition shall submit additional nominees. 20. Rights of party-list representatives entitled to the same salaries and emoluments as the regular members of the House of Representative. 21. Governing laws; other matters for purposes of the election of Members of the House of Representative under the party-list system and other matters in connection therewith which are not provided in the Act, the relevant provisions of the Omnibus Election Code, as amended, shall apply. Chapter Five: THE ELECTION PRELIMINARY CONSIDERATIONS KINDS OF ELECTION 1. GENERAL ELECTION for the election of offices throughout the state or certain subdivisions thereof, after the expiration of the full term of the former officers. 2. SPECIAL ELECTION under special circumstances; Held to fill vacancy in office before the expiration of the full term for which the incumbent was elected, or an election at which some issue or proposition is submitted to the vote of the qualified electors. AUTHORITY FOR HOLDING ELECTION In order to hold a valid election, authority so to hold it must be found conferred by the people, either directly through the Constitution which they have themselves ordained, or indirectly, through the enactment of their legal representatives, the legislature. TIME OF HOLDING ELECTION Such time must be fixed by authoritative power;

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Either the people in their Constitution and laws in the case of regular elections of the executive or other designated power in the case of special elections; Enactments declaring the time at which an election shall be held are deemed to be matters of substance and must be substantially observed or the election will be void. Substantial observance is sufficient and slight variation will not invalidate the election. (e.g. closing the polls a few minutes or an hour before time fixed, will not invalidate where no one offered to vote after the polls were closed). DATE OF ELECTION UNDER THE LAW In accordance with the Constitutional policy to synchronize elections so that there shall be simultaneous regular elections for national and local officials every three years; Ra 7166 provided for an election for president, vice-president, 24 senators, all elective members of the House of Rep., and at elective provincial, city and municipal officials on the second Monday of May, 1992. Thereafter, the President, vice shall be elected on the same day every 6 years; Same while senators, members of the house and all elective provincial, city and municipal official shall be elected on the same say every three years, except that with respect to senators, only 12 shall be elected; Barangay officials shall have a term of five years; elected on second Monday of May 1994; shall be elected every five years thereafter. POSTPONEMENT OF ELECTION For any serious cause such as o Violence o Terrorism o Loss or destruction of election paraphernalia or records o Force majeure o Other analogous causes of such nature o That the holding of a free, orderly and honest election should become impossible in any political subdivision o The Commission may motu proprio or upon a verified petition postpones the election.

o o

The commission shall fix a new election to a date which should be reasonably close to the date of the election not held, suspended or which resulted in a failure; The date should be set not later than thirty days after the cessation of the cause for such postponement or suspension of the election or failure to select.

FAILURE OF ELECTION THERE ARE ONLY THRE INSTANCES WHEN A FAILURE OF ELECTION MAY BE DECLARED: If on account of force majeure, violence, terrorism, fraud, or other analogous causes: 1. The election is any polling place has not been held on the date fixed; 2. Had been suspended before the hour fixed by law for the closing of the voting; 3. After the voting and during the preparation and the transmission of the election returns or in the custody or canvass thereof, such election results in a failure to elect, and in any of such cases the failure or suspension of election would affect the result of the election; The comelec shall, on the basis of a verified petitioner by any interested party and after due notice and hearing, call for the holding or continuation of the election not held, suspended or which resulted in a failure to elect on a date reasonably close to the date of the election not heldbut shall not be later that 30 days after the cessation of the election or failure to elect.

BEFORE THE COMMISSION CAN ACT ON A VERIFIED PETITIONER SEEKING TO DECLARE A FAILURE OF ELECTION, THREE CONDITIONS MUST CONCURR: 1. No voting has taken place or even of there was voting, the election nevertheless results in failure to elect; 2. The votes not cast would affect the result of the election; 3. The cause of such failure of election should have been force majeure, violence, terrorism, fraud or other analogous causes. The third condition is an important consideration for where the property of a pre-proclamation controversy ends, there may begin the realm of a special action for declaration of failure of elections.

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The comelec may election the power to declare a failure of elections MUTO PROPRIO OR UPON A VERIFIED PETITION. The hearing of the case shall be SUMMARY IN NATURE. PLACE OF HOLDIGN ELECTION That the place of holding the election shall be fixed, either by the general law or by the proclamation or notice by which the election is called; Enactments fixing the place of holding the election are properly to be regarded as mandatory, and any substantial variation must invalidate the election. HOLDING OF ELECTION BY PROPER OFFICERS That they shall be conducted by certain officers, elected or chosen by certain methods, and that the result shall be ascertained and published in a manner prescribed. Regulations of this nature are indispensable to the orderly and efficient conduct of the election, and an election held by persons without any color of authority to do so, or without any attempt to observe the methods prescribed, is invalid; What is the BOARD OF ELECTION INSPECTORS? Is the body which conducts the election in the polling place of the precinct usually composed of 3 public school teachers appointed by the comelec. MANNER OF HOLDING ELECTIONS That the manner prescribed is intended simply to secure the correct result, and that the manner is clearly subservient to the result; In elections the great matter is the result. When this is clearly ascertained, it sweeps away all technicalities; The machinery provided should be observed, but in so far as it is not necessary to determine the result, it is directory and mandatory; In pursuance of this idea, therefore, it is generally held that the regulations prescribed are directory merely, and that a failure to observe them fully will not invalidate the election, where an election has been held in good faith and the irregularities do not affect the result; Where a special election is provided for, but no method of holding it is declared, it will be sufficient if held in the method prescribed for holding general elections.

OFFICIAL WATCHERS Every political party or coalition of political parties, and every candidate shall be each entitled to one watchers in every polling place and canvassing center; Those belonging to the same political slate or ticker shall collectively be entitled to only one watcher Panlalawigan, Panglungsod and bayan There shall be 6 principal watchers, representing 6 accredited major political parties, who shall be designated by the comelec upon nomination; The political parties shall be determined by the comelec on the basis of the following circumstances: 1. Established record of the said parties; their showing in the past elections; 2. Number of incumbent elective officials belonging to them 90 days before date of election; 3. Identifiable political organizations and strengths as evidenced by their organized chapters; 4. Ability to fill a completer slate of candidates from municipal level to president; 5. Other analogous circumstances that may determine their relative organizations and strengths. B. CASTING OF VOTES METHOD OF VOTING 1. Voter must vote in person 2. Voter must vote only once 3. Voter need not vote the whole ticket 4. Absentee voting RA 7166 For president, vice-president and senators only and shall be limited to AFP and PNP and other government officers and employees who are duly registered voters and who, on election day may temporarily be assigned in connection with the performance of election duties to places were they are not registered voters. VOTING HOURS Starts at 7am and ends at 3pm, except when there are voters present within 30 meters in front of the polling place who have not yet cast

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their votes, in which case the voting shall continue but only to allow said voters to cast their votes without interruption. PREPARATION OF BALLOTS FOR ILLITERATES AND DISABLED A voter who is illiterate or physically unable to prepare the allot by himself may be assisted in the preparation of his ballot by a relative by affinity or consanguinity within the 4th civil degree; or if none, By any person of his confidence who belongs to the same household or any member of the board of election inspectors, except the two party members; No voter shall be allowed to vote as illiterate or physically disabled unless it is so indicated in his registration record; In no case shall an assistor assist more than 3 times except the non-party member of the boards of election inspectors. SPOILED BALLOTS If a voter accidentally spoil or deface a ballot in such a way that it cannot lawfully be used, he shall surrender it folded to the chairman who shall note in the corresponding space in the voting record that said ballot which the chairman shall give him after announcing the serial number of the second ballot and recording said serial number of the second ballot and recording said serial number of the second ballot and recording said serial number in the corresponding spaces in the voting record; No voters shall be change his ballot more than twice; The spoiled ballot shall, without being unfounded and without removing the detachable coupon, be distinctly marked with the word spoiled and signed by the board of election inspectors or the indorsement fold thereof and immediately placed in the compartment for spoiled ballots. BALLOT IMPLIES SECRECY The idea of secret ballots lies at the very foundation of our system of popular elections, and the courts are zealous in securing its protection. It is settled that a legal voter will not be compelled to disclose for whom he voted; Not only will the legal voter not be compelled to disclose it for whom he voted, but, unless he has himself made the contents of his ballots public at the time of voting it, third persons will not be permitted to testify as to its purport;

But although the legal voter cannot be compelled to disclose how he voted, he may, if he chooses, waive his privilege of secrecy, and voluntarily disclose the contents of his ballot.

VOTERS IN CITIES Registered voters of highly urbanized city shall not vote in the election for provincial officials of the province in which it is located; No component city shall be declared or classified as a highly urbanized city within 60 days prior to a local election; The registered voter s of a component city shall be entitled to vote in the election for provincial officials of the province to which it is a part, unless its charter provides otherwise. VOTING (PLEASE READ BOOK PAGE 632-633) CHALLENGE OF ILLEGAL VOTERS Any voter or watcher may challenge any person of offering to vote for: o Not being registered o Using name of another o Not suffering from existing disqualification o In such case the board of election inspectors shall satisfy themselves as to whether or not the ground for the challenge is true by requiring proof of registration or the identity of the voter. No voter shall be required to present his voters affidavit on election day unless his identity is challenged; His failure or inability to produce his voters affidavit upon being challenged, shall not preclude him from voting if his identity be shown from the photograph, fingerprints, etc. or if identified under oath by a member of the board of election inspectors. CHALLENGE BASED ON CERTAIN ILLEGAL ACTS Any voter or watcher may challenge any voter offering to vote on the ground that the challenged person o has received or expects to receive; o had paid o offered or promised to pay, o has contributed,

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o o o

offered or promised to contribute money, or anything of value as consideration for his vote or for the vote of another that he has made or received a promise to influence the giving or withholding of any such voter or that he has made a bet or is interested directly or indirectly in a bet which depends upon the result of the election. The challenged shall take an oath before the board of election inspections; upon taking of such oath, the challenge shall be dismissed and the challenged voter shall be allowed to vote, but in case of his refusal to take such oath, the challenged shall be sustained and he shall not be allowed to vote.

3. Perform such other functions prescribed by the code or the rules and regulations promulgated by the commission. COUNTING TO BE PUBLIC AND WITHOUT INTERRUPTION As soon as the voting is finished, the board of election inspectors shall publicly count in the polling place the votes cast and ascertain the results. The board of election inspectors shall not adjourn or postpone or delay the count until it has been fully completed, unless otherwise ordered by the comelec; The comelec may order the board of election inspectors to count the votes and to accomplish the election returns and other forms prescribed under the code in any other place within a public building in the same municipality or city; DETERMINATION OF MARKED BALLOTS The board of election inspectors shall determine whether there are marked ballots, and, if any be found, the shall be placed in an envelope labeled marked ballots, which shall be sealed and signed shall not be counted; A majority of the board of election inspectors shall be sufficient to determine whether any ballot is marked or not; Evidence alliunde is not allowed to prove that a ballot is marked; an inspection of ballot sufficient The comelec need not conduct an adversarial proceeding or a hearing to determine the authenticity of the ballots or the hadwriting PURPOSE OF DISALLOWING MARKED BALLOTS It is a well-settled rule in election contests that marks which shall be considered sufficient to invalidate the ballot are those which the voter himself deliberately placed in his ballot for the purpose of identifying it thereafter; Only in an unmistakable case where the ballot appeared to marked, should it be rejected. In the absence of evidence alliunde clearly showing that the intention or plan was for purposes of identification, signs on ballots are presumed accidental.

RECORDS OR STATEMENTS TO BE PREPARED AND KEPT READ BOOK PAGE 635 C. COUNTING OF VOTES COMPOSITION AND APPOINTMENT OF BOARD OF ELECTION INSPECTORS The comelec shall, directly or through its fully authorized representatives, Constitute a board of election inspectors for each precinct to be composed of a chairman and a poll clerk who must be public school teachers; Done at least 30 days before the date when the voters list is to be prepared, in case of a regular election of fifteen days before a special election; The members of the board of election inspectors, whether permanent, substitute or temporary, shall, before assuming their office, take and sign an oath. POWERS OF THE BOARD OS ELECTION INSPECTORS 1. Conduct the voting and counting of votes 2. Act as deputies of the comelec in the supervision and control of the election, to assure the holding of the same in a free, orderly and honest manner;

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INSTANCES OF MARKED BALLOTS The determinative factor in the nullification of ballots for being marked as following a design or pattern, is the existence of evidence aliunde tending to show the intention or purpose in the use of the contested manner or means of point, which is to identify the ballots. READ PAGES 639 645. MANNER OF COUNTING VOTES READ PAGES 645 647 NUMBER OF COPIES OF ELECTION RETURNS AND THEIR DISTRIBUTION In election of President, Vice-president, senators and members of the house of representatives o FIRST COPY delivered to the city or municipal board of canvassers o SECOND COPY to the congress, directed to senate president o THIRD TO COMELEC o FOURT to provincial board of canvassers o FIFTH advance election returns to city or municipal treasurer, who shall immediately and publicly open the same and post the votes therein in an election tally board sufficiently large to enable public to read them; o SIXTH to city or municipal trial court judge or official designated by Comelec; shall keel his copies sealed and unopened; o SEVENTH deposit inside compartment of the ballot box ELECTION OF LOCAL OFFICIALS: o FIRST to city / municipal board of canvassers; o SECOND to Comelec; o THIRD to the provincial board of canvassers; o FOURTH advance election returns o FIFITH city / municipal trial court judge; o SIXTH deposited inside the compartment of the ballot box for valid ballots. DUTIES OF BOARD OF ELECTION INSPECTORS IN COUNTING THE VOTES During the counting of the votes case, the election inspectors should not concern themselves with the eligibility of candidates;

Their duties should be confined to the conduct of election, the counting of the votes, and the certification of the results insofar as related to the certified candidates; The counting of votes should be liberal in order that the will of the electorate may be effectuated. Voters should not be disenfranchised retroactively for technical causes by the reviewing authorities.

RULES FOR APPRECIATION OF BALLOTS READ PAGES 649 654. GUIDING PRINCIPLES IN APPRECIATION OF BALLOTS LIBERAL CONSTRUCTION appreciation must be liberally construed, and the intendments should be in favor of a reading and construction which will render the ballot effective, rather than in favor of a conclusion which on some technical grounds render it ineffective; And if the ballot is so defective as to fail to show any intention whatever, it must be disregarded. The purpose of election laws is to give effect to, rather than frustrate, the will of the voter. Doubts are to be resolved in favor of their validity. The technicalities should not be permitted to defeat the intention of the voter especially so if that intention is discoverable from the ballot itself; The utmost liberality of construction must be observed in reading the ballots with a view to giving effect to the intention of the voters. QUESTION OF FACT The appreciation of contested ballots and election documents involves a question of fact best left to the determination of the Comelec; It is the Constitutional commission vested with the exclusive original jurisdiction over election contests involving regional, provincial and city officials, as well as appellate jurisdiction over election protests involving elective municipal and baranggay officials. The factual findings, conclusions, rulings and decisions rendered by the said commission on matters falling within its competence shall not be interfered with by this court. ANNOUNCEMENT OF RESULTS OF ELECTIONS AND ISSUANCE OF CERTIFICATE OF VOTES

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Upon completion of election returns, the chairman of the board of the election inspectors shall ORALLY AND PUBLICLY ANNOUNCE the total number of votes received in the election in the polling place by each and every one of the candidates, stating their corresponding office; After the announcement of the results of the election and before leaving the polling place, it shall be the duty of the board of election inspectors to issue a certificate of the number of the votes received by a candidate upon request of the duly accredited watchers. All the members of the board of election inspectors shall sign the certificate.

MUNICIPAL BOARD OF CANVASSERS 1. Election registrar or representative of the Comelec chairman 2. Municipal treasurer vice 3. Most senior district school superintendent member SUPERVISORY POWER OVER THE BOARD Comelec has direct control and supervision over the board of canvassers and its proceedings. Comelec has the power to investigate and act on the propriety or legality of the canvass of election returns made by the board of canvassers. The function of a canvassing board in the canvass of returns is purely MINISTERIAL in nature. Equally ministerial is the function of the Comelec on the exercise of its supervisory power over said board, pursuant to the Constitution and laws. The board of canvassers is a ministerial body. It has been said, and properly, that its powers are limited generally to the mechanical or mathematical function of ascertaining and declaring the apparent result of the election by adding or compiling the votes cast for each candidate as shown on the face of the returns before them, and then declaring or certifying the result so ascertained. CANVASS BY THE BOARD 1. Proceedings of the board of canvassers shall be open and public 2. Majority vote of all the members of the board of canvassers shall be necessary to render a decision 3. The board of canvassers shall meet not later than 6 pm of the election day at the place designated to receive the election returns and to immediately canvass those that may have already been received; 4. The board of canvassers shall meet continuously from day to day until the canvass is completed, and may adjourn but not only for the purpose of awaiting the other elections returns from the other polling places within its jurisdiction. 5. Subject to reasonable exceptions, the board of canvassers must complete their canvasses within a. 36 hrs in municipalities b. 48 hrs in cities c. 72 hrs in provinces

WHAT CONSTITUTES AN ELECTION? PLURALITY OF VOTES SUFFICIENT FOR A CHOICE A plurality of votes lawfully cast is sufficient to elect regardless of the actual number of ballots cast but this principle is qualified by the important condition that it must be a plurality of valid votes of a valid Constituency; NOT NECESSARY THAT A MAJORITY OF VOTERS SHOULD VOTE Even though a minority only participated, yet, if the election be lawfully held, a plurality of the majority will elect. Those of the voters who remain away from the polls are assumed to assent to the action of those who do attend, and those who do attend the election but fail to vote for any office are presumed to assent to the action of those who do vote. D. CANVASS AND PROCLAMATION BOARD OF CANVASSERS there shall be a board of canvassers for each province, city and municipality PROVINCIAL BOARD OF CANVASSERS 1. Provincial election supervisor or a lawyer in the regional office of comelec as chairman; 2. Provincial fiscal as vice chairman 3. Provincial superintendent of schools as member CITY BOARD OF CANVASSERS 1. City election registrar or a representative of the comelec chairman; 2. City fiscal vice chairman 3. City superintendent of schools member

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6. The respective board of canvassers shall prepare a certificate of canvass duly signed and affixed with the imprint of the thumb of the right hand of each member, supported by a statement of the votes received by each candidate in each polling place. CANVASSING COMMITTEES May Constitute such number of canvassing committees as may be necessary to enable the board to complete the canvass within the period prescribed; Each committee shall be composed of 3 members, each member to be designated by the chairman and members of the board. The committees shall be under the direct supervision and control of the board. PROCLAMATION BY THE BOARD 1. The board shall proclaim as elected the candidates who obtained the highest number of votes cast in the province, city, municipality or barangay ON THE BASIS OF THE CERTIFICATES OF CANVASS; Failure to comply Constitutes an ELECTION OFFENSE; 2. There is no provision in our election laws which requires that a majority of registered voters must cast their votes. All that is required is that a winning candidate must be elected by a PLURALITY OF VALID VOTES regardless of the actual number of ballots cast. 3. Having once met and fully completed its duty, the powers of the board are exhausted and it cannot again meet and re-canvass the votes or reverse their prior decision and announce a different results. 4. Where a PROCLAMATION IS NULL AND VOID as where it is based on FAULTY OR ERRONEOUS TABULATION, OR INCOMPLETE CANVASS, it is NO PROCLAMATION AT ALL and the proclaimed candidates assumption of office cannot deprive the Comelec of the power to declare such nullity and annul the proclamation. 5. Although the comelec possesses the power to annul and suspend the proclamation of any candidate, it is without power to partially or totally annul a proclamation or suspend the effects of a proclamation without NOTICE AND HEARING. 6. A suspension of proclamation pending determination of a petition for disqualification against a winning candidate is PROVISIONAL in nature and can be LIFTER WHEN THE EVIDENCE SO WARRANTS.

PRINCIPLES GOVERNING CANVASS PROCEEDINGS (Given by SC) I dont know what to do with this..kaya re-type ko na lang. 1. Canvass proceedings are ADMINISTRATIVE AND SUMMARY IN NATURE, and a strong prima facie case backed up by a specific offer of evidence and indication of its nature and importance has to be made out to warrant the reception of evidence alliunde and the presentation of witnesses and the delays necessarily entailed thereby. 2. Where it has been duly determined by the Comelec after INVESTIGATION AND EXAMINATION OF THE VOTING AND REGISTRATION RECORDS that the actual voting election by the registered voters had taken place in the questioned precincts, the election returns cannot be disregarded and excluded with the resulting disenfranchisement of the voters but be ACCORDED PRIMA FACIE STATUS AS BONA FIDE REPORTS OF THE RESULT OF THE VOTING for canvassing and proclamation purposes. 3. To allow a respondent in the Comelec to raise belated questions concerning returns at any time during the pendency of the case of review before the Comelec notwithstanding that he has not originally raised such questions before the canvassing board and only when he finds his positions endangered would mean undue delays in pre-proclamations proceedings before the Comelec. 4. Alleged irregularities, such as the omissions of the Comelec in the distribution and protection of the election forms and paraphernalia, involve the discharge of its administrative duties and so do not come under the jurisdiction of the Supreme Court, which can review the decisions of the body only in cases of grave abuse of discretion committed by it in the discharge of its quasi-judicial powers. 5. As long as the returns appear to be authentic and duly accomplished on their face, the Boards of Canvassers cannot look beyond or behind them to verify allegations of irregularities in the casting or the counting of the votes. a. Technical examination of voting paraphernalia involving analysis and comparison of voters signatures and thumbprints thereon is prohibited in PRE-PROCLAMATION without involving evidence alliunde and examinations of voluminous documents which take up much time and cause delay in defeat of the public policy underlying the summary nature of pre-proclamation controversies.

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6. It is settled jurisprudence that the Comelec can suspend the canvass of votes pending its inquiry whether there exists a discrepancy between the various copies of election returns from the disputed voting centers. a. Once the election returns were found to be falsified or tampered with, the Comelec can annul the illegal canvass and order the Board of canvassers to reconvene and proclaim the winner on the basis of genuine returns or, if it should refuse, replace the members of the board or proclaim the winners itself. CANVASSING BY PROVINCIAL, CITY, DISTRICT AND MUNICIPAL BOARDS OF CANVASSERS 1. CITY OR MUNICIPAL BOARD OF CANVASSERS shall canvass the election returns for President, Vice, Senators and Members of the House of Representatives and for elective provincial and city or municipal officials; a. Upon completion shall prepare certificate of canvass; b. Thereafter shall proclaim 2. 3. CITY BOARD OF CANVASSERS OF CITITES COMPRISING ONE OR MORE LEGISLATIVE DISTRICTS shall canvass (same as above) IN METRO MANILA AREA, EACH MUNICIPALITY COMPRISING A LEGISLATIVE DISTRICT each municipality comprising a legislative district shall have a district board of canvassers which shall canvass the election returns of (same as above); PROVINCIAL BOARD OF CANVASSERS shall canvass the certificates of canvass for (same as above) as well as plebiscite results, if any is conducted simultaneously with the same election, as submitted by the board of canvassers of municipalities and component cities.

e. Fifth, sixth and seventh copies shall be given to representatives of any 3 of the 6 major political parties based on their agreement; if no agreement the comelec shall determine to whom the copies be given. Thereafter, the parties who received copies shall have the duty to furnish authentic copies to other parties. 2. BY THE PROVINCIAL BOARDS OF CANVASSERS AND BY DISTRICT BOARDS OF CANVASSERS; FOR CERTIFICATE OF CANVASS PRESIDENT, VICE, SENATORS AND CONGRESS MEN: a. First to congress b. Second kept by commission for use in canvassing votes c. Third kept by chairman of board d. Fourth citizens arm e. Fifth, sixth, seventh (same as above in number 1) CONGRESS AS THE NATIONAL BOARD OF CANVASSERS 1. DETERMINATION OF AUTHENTICITY AND DUE EXECUTION OF CERTIFICATE a. That certificate of canvass was executed, signed, thumbmarked by the chairman and members of the board of canvassers and transmitted, or caused to be transmitted to Congress by them; b. Each certificate of canvass contains the names of all of the candidates for Pres and Vice and their corresponding votes in words and in figures; and c. The exists no discrepancy in other authentic copies of the certificate of canvass or discrepancy in the votes of any candidate in words and figures in the same certificate. 2. COMPLETION OF CERTIFICATE when the certificate of canvass appears to be incomplete, the SENATE PRESIDENT shall require the board of canvassers concerned to transmit by PERSONAL DELIVERY, the election returns from the polling places that were not included in the certificate of canvass. a. Said election return shall be submitted by personal delivery within 2 days from receipt of notice. 3. PRESENCE OF ERASURES AND ALTERATIONS IN THE CERTIFICATE Erasures and alteration which may cast doubt as to the veracity of the number of votes stated therein and may affect the result of the election, upon request of the President or Vice candidate

4.

NUMBER OF COPIES OF CERTIFICATES OF CANVASS AND THEIR DISTRIBUTION 1. BY MUNICIPAL BOARD OF CANVASSERS CERTIFICATES OF CANVASS FOR PRESIDENT, VICE, SNATORS, CONGRESS MEN AND ELECTIVE PROVINCIAL OFFICIALS: a. First deliver to provincial board of canvassers for canvass of election results b. Second sent to Comelec c. Third kept by chairman of the board d. Fourth given to citizens arm designated by the Comelec

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concerned or his party, Congress shall count the votes as they appear in the copies of the election returns submitted to it. CANVASS OF VOTES FOR PRESIDENT AND VICE-PRESIDENT 1. Return of election for president and vice shall be transmitted to congress; 2. Upon receipt of certificate of canvass by the Senate President, he shall open all certificates in the presence of Congress and Senate, not later than 30 days after day of election; 3. Congress shall determine the authenticity and due execution thereof in the manner provided; then canvass the votes; 4. Person having the highest number of votes shall be proclaimed elected; 5. But in case two or more shall be an equal and highest number of votes, one of them shall forthwith be chose by the vote of a MAJORITY OF ALL THE MEMBERS OF BOTH HOUSES OF CONGRESS, VOTING SEPARATELY. ELECTION RESULTING IN A TIE 1. Whenever it shall appear from the canvass that 2 or more candidates have received an equal and highest number of votes; or 2. In case where 2 or more candidates received the same number of votes for the last place in the number to be elected. The Board of canvassers, after recording this fact in its minutes shall, by resolution, upon five days notice to all the tied candidates, hold A SPECIAL PUBLIC MEETING AT WHICH THE BOARD OF CANVASSERS shall proceed to the drawing of lots of the candidates who may be favored by luck. The candidate proclaimed shall have the right to assume office in same manner as if he had been elected by plurality of votes. FAILURE TO ASSUME OFFICE The official elected who FAILS OR REFUSES to take his oath of office within 6 months from his proclamation shall be considered vacant, unless said failure is for a cause or causes beyond his control. NATURE OF BOARDS DUTIES 1. WHEN MINISTERIAL It is a ministerial body enjoined by law to canvass all votes on election returns submitted to it.

a. If the returns be regular, the duty of the board of canvassers consists in a simple matter of arithmetic. b. The Commission or the board of canvassers, in the canvass of votes, is without power to look beyond the face thereof, once satisfied of their authenticity. c. It has only the ministerial task of tallying the votes as reported in the election returns and cannot exercise the judicial power of deciding an election contest. d. Thus, where what is involved is purely mathematical and/or mechanical error in the tabulation of the votes committed by the board of canvassers which is admitted by all parties, and which does not involve any opening of the ballots boxes, examination and appreciation of ballots and/or election returns, and said error was discovered sometime after proclamation. e. The board will not rectify the error it inadvertently committed. f. The simple purpose of the canvassing board is to ascertain and declare the apparent result of the voting. g. Absence of any determination of irregularity in the election returns as well as order enjoining the canvassing and proclamation, it is ministerial duty of the boars of canvassers concerned to count the votes based on such return and declare the results.

2. WHEN QUASI-JUDICIAL to determine that the papers presented to it

are not forged and spurious, and when the returns are obviously manufactures, it will not be compelled to canvass them; a. That the canvassers are to be satisfied of the genuineness of the returns which means THE EXERCISE OF JUDGMENT OR DISCRETION, however limited, to determine whether any given return before it is genuine return before it is genuine, then the duties and powers to make such determination are quasi-judicial. b. It may reject election returns submitted to it for purpose of the required canvas, if in its opinion, they were obviously manufacture or contrary to all probabilities or utterly improbable and clearly incredible. BOARDS FINDINGS NOT CONCLUSIVE The findings of the canvassers and the certificate of election issued to them, if any, are PRIMA FACIE ECIDENCE of the result

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and of the title to the office of those declared elected, and this evidence is conclusive in all collateral inquiries. But such finding or certificate is not conclusive in a direct proceeding to try the title to the office. (The canvass/results) it is always open for the party receiving such plurality, unless otherwise expressly provided by law, to go behind the certificate or the returns and to establish this fact before the appropriate tribunal, although the canvassers may have decided otherwise. Chapter Six: CONTESTED ELECTIONS Pre- proclamation controversy Any question or matter 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 COMELEC Any matter raised under sections 233,234,235, and 236 of the Omnibus Election Code in relation to the preparation, transmission, receipt, custody and appreciation of the election returns. Raised before proclamation because after proclamation, the controversy becomes an election contest Exclusive jurisdiction of the COMELEC All pre-proclamation controversies involving LOCAL elective officials No pre-proclamation cases in elections for President, Vice-President, Senator, and member of House of Representatives, but the correction of manifest errors in the certificate of canvass or election returns is allowed May motu proprio or upon written petition, and after due notice and hearing: 1) order the partial or total suspension of the proclamation of any candidate-elect or annul partially or totally any proclamation, as the evidence shall warrant

2) order the proclamation of other winning candidates whose election will not be affected by the outcome of the controversy Constitution Art IX-C Sec 3: All election cases, including preproclamation controversies x x x shall be heard and decided in division, provided that motions for reconsideration shall be decided by the Commission en banc. In division = original jurisdiction to hear and decide election cases at the first instance En banc = petition for correction of manifest error in the Statement of Votes, or in the tabulation or tallying of the results filed directly Summary Hearing of pre-proclamation case After due notice and hearing, decision shall be executory after 5 days from receipt by the losing party of the decision of COMELEC unless restrained by SC Merely require parties to submit respective memoranda, presentation of evidence is NOT indispensable to satisfy demands of due process. RA 7166 Sec 18: COMELEC shall dispose of pre-proclamation cases on the basis of the records and evidence elevated by the board of canvassers. Issues raised in pre-proclamation case 1. illegal composition or proceeding (due to non-inclusion of votes) of the board of canvassers 2. canvassed election returns are incomplete, contain material defects, tampered with or falsified, or contain discrepancies as mentioned in sections 233-236 of Omnibus Election Code 3. election returns prepared under duress, threats, coercion, or intimidation, or obviously manufactured or not authentic 4. when substitute or fraudulent returns in controverted polling places were canvassed, the results materially affected the standing of the aggrieved candidate Pre-proclamation case: axiomatic that COMELEC not look beyond the election returns, but genuine or authentic election returns that are reflective of fraudulent acts done before or carried out by the Board of Election Inspectors shall be deemed obviously manufactured

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obviously manufactured = if all votes reported in the election returns are cast in favor of a candidate or candidates of the same party, or if the results of the canvass are statistically improbable which require technical examination of the Voters List and Voters Affidavits Regular election protest: raise issues of fraud, vote-buying, and terrorism which compels COMELEC to pierce the veil of the election returns which are prima facie regular, to investigate allegations of fraud, terrorism, violence in actions for annulment of election results or declaration of failure of elections by conducting technical examination of election documents and analyze voters signatures and fingerprints Scope of pre-proclamation case 1. limited to issues enumerated under Sec 243 Omnibus Election Code which are restrictive and exclusive because it is the policy of election laws that pre-proclamation cases should be summarily decided a. clear showing and proof of controversies b. boards of canvassers before which controversies are initiated are ad hoc bodies that exist only for the interim task of canvassing election returns 2. Issues regarding errors in the Statement of Votes determine the true will of the electorate and affect the proclamation, thus COMELEC is empowered to order the board of canvassers to reconvene and prepare new Statement of Votes and Certificate of Canvass. COMELEC Rules of Procedure: matter of correction of the statement of votes may be subject of pre-proclamation case which may be filed directly with the Comelec. Remedy after winning candidate has been proclaimed After proclamation and assumption of office by the candidate, a pre-proclamation controversy no longer viable and should be dismissed because the proper remedy is an electoral protest where parties are to present witnesses subject to the right of confrontation instead of mere affidavits to settle the controversy once and for all. Proclaimed and installed candidate may be unseated when:

1. opponent is adjudged true winner by final judgment of a court in the election contest 2. prevailing party is declared ineligible or disqualified by final judgment of a court in a quo warranto case 3. incumbent is removed from office for cause 4. proclamation is null and void as declared by COMELEC Contested composition or proceedings of the board of canvassers Parties adversely affected by the ruling of the board of canvassers on the composition or proceedings of the board may appeal the matter w/in 3 days from the ruling to COMELEC which will summarily decide w/in 5 days from filing. Procedure in disposition of contested election returns 1. Any candidate, political party or coalition contesting the inclusion or exclusion in the canvass of any election returns (under Sec 234-236 of Art. XIX of the Omnibus Election Code) shall submit their ORAL OBJECTION to the chairman of the board of canvassers when the questioned returns are presented for inclusion in the canvass. Objection recorded in the minutes of the canvass 2. Upon receipt of objection, the board shall DEFER the canvass of the contested returns and proceed to canvass the uncontested returns. a. simultaneous with the oral objection, written objections must also be entered b. w/in 24 hours from objection, must submit evidence attached to the written objections c. w/in same 24 hours, any party may file written and verified opposition to the objection, attaching supporting evidence; the board shall not entertain objection or opposition unless in writing d. evidence attached admitted into the records of the board by the chairman affixing his signature at the back of each evidence 3. upon receipt of evidence, the board shall take up the contested returns, written objections thereto and opposition, and summarily RULE thereon (read Ruling by board on objections below) 4. adverse party INFORM the board of intention to appeal said ruling, board shall enter said information in the minutes of the canvass, set aside the returns and proceed to consider other returns 5. after all uncontested returns have been canvassed and contested returns ruled upon, board shall SUSPEND the canvass, and any adverse party may

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6. 7.

8.

file a written and verified NOTICE OF APPEAL with the board w/in 48 hours from suspension, and an appeal may be taken to COMELEC w/in an nonextendible period of 5 days after filing of notice. Upon receipt of notice, the board make a REPORT to Comelec, elevating the complete records and evidence in the canvass, and serving parties with copies of the report On the basis of records and evidence elevated, Comelec shall DECIDE summarily the appeal w/in 7 days from receipt of records and evidence. An appeal w/o the accomplished forms and evidence appended shall be summarily dismissed. Decision executory after 7 days from receipt of decision by losing party. Board of canvassers shall not PROCLAIM any candidate as winner unless authorized by Comelec after ruling on the appeal of the losing party, otherwise, the proclamation is void ab initio, unless the contested returns will not adversely affect the results of the election.

body motu proprio or upon written complaint to correct manifest errors in the certificate of canvass or election returns before it Questions affecting the composition or proceedings of the Board of Canvassers may be initiated in the board or directly with Comelec under Sec 17 of RA 7166 Pre-proclamation cases on provincial, city and municipal offices shall be allowed and governed by sec 17-22 of RA 7166 General Rule: All pre-proclamation cases pending before Comelec deemed terminated at the beginning of the term of the office involved and the rulings of the Board of Canvassers deemed affirmed, w/o prejudice to the filing of regular election protest by the aggrieved party. Exceptions: Proceedings may continue when based on the evidence, Comelec determines that the petition is meritorious and shall order to continue the proceedings, or when the Supreme Court orders the continuance in a petition for certiorari. Running of the period to file election protest suspended by the pendency of such cases before Comelec or the SC. 4. To commence pre-proclamation case: Questions on the composition or proceedings of the Board of Canvassers may be initiated in the board or directly with Comelec. Matters under sec 233-236 of the Omnibus Election Code related to the preparation, transmission, receipt, custody and appreciation of the election returns, and the certificates of canvass shall be brought in the first instance before the board of canvassers. All pre-proclamation cases on election returns or certificates of canvass shall, on the basis of records and evidence elevated to Comelec by the board of canvassers, be disposed summarily by Comelec w/in 7 days from receipt thereof. Decision executory after 7 days from receipt by the losing party of the decision.

2. 3.

Ruling by board on objections 1. Board of Canvassers must make a written ruling on the formal objections. Failure or refusal to do so not prejudice objecting partys right to elevate case to Comelec. 2. Board ruling not necessary or proper where the matter is beyond its competence, such as inclusion or exclusion in the canvass of election returns. Immaterial that the inclusion of votes would affect the overall results, as long as the returns appear to be authentic and duly accomplished, the board cannot look beyond them to verify irregularities in the casting or counting of votes. Board has only the ministerial task of tallying the votes as reported in the election returns and cannot judicially decide an election contest. 3. To justify exclusion of election returns, the alleged threats etc. which attended the preparation of said returns must have affected the regularity or genuiness of the contested returns. If the election returns reflect the true results of the voting at precint level, any coercion and intimidation that may give rise to legal, and criminal liability, will not justify the exclusion of the returns. Pre-proclamation cases 1. Not allowed in elections for President, Vice President, Senator, and Members of the House of Rep but does not preclude the canvassing

5.

Jurisdiction of Comelec over pre-proclamation cases governed by less rigid standards of administrative due process. Effect of filing an election protest or a petition for quo warranto

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General Rule: the filing of an election protest or petition for quo warranto precludes subsequent filing of a pre-proclamation case, or amounts to an abandonment of one earlier filed; thus depriving Comelec of authority to inquire into the title of the protestee or the validity of his proclamation. Reason: once the competent tribunal has acquired jurisdiction of an election protest or petition for quo warranto, all related questions will have to be decided in the case itself to prevent confusion and conflict of authority Exceptions: 1. Board of canvassers improperly Constituted 2. Quo warranto was not proper remedy 3. What was filed was petition to annul a proclamation 4. Filing of the quo warranto or election protest expressly made w/out prejudice to the pre-proclamation case or was made ad cautelam 5. Proclamation was null and void Actual and compensatory damages may be awarded in election contests or quo warranto proceedings. Right to institute election contest 1. Duties of Board of canvassers merely of ministerial nature and their certificate of election being the prima facie evidence of election, it is competent for a defeated candidate who has not caused or contributed to the irregularities or frauds, to institute proceedings for the determination of the title to the office.

3.

When candidate has been proclaimed as elected, taken his oath and assumed the duties of his office, the remedy of the defeated candidate is not pre-proclamation contest but electoral protest, under the assumption of a valid proclamation.

Null and void proclamation due to clerical error and simple mathematical mistake in the addition of votes, and not though the legitimate will of the electorate, Comelec can annul the canvass and the proclamation. Validity of proclamation may be challenged even after the irregularly proclaimed candidate has assumed office. Once proclamation nullified, case reverts to a preproclamation controversy. Election contest imbued with public interest 1. Deep public interest to determine true choice of people election contest imbued with public interest unlike an ordinary action. Time is of the essence in the disposition of an election protest. Neither fair nor just that one whose right to the office is doubted should remain on that office for uncertain period. 2. Election contest survives death of either party theretothe right to a public office is personal and exclusive but an election protest is NOT because it is imbued with public interest. 3. Election laws liberally construed to the end that the will of the people in the choice of public officers may not be defeated by mere technical objections. a. Failure to raise a ground in protest does NOT preclude Comelec from rejecting the protest on that ground. It is not intended that the contest set forth the grounds of his protest with the same precision as required of a pleading in ordinary civil cases. b. Failure to perfect an appeal defeats the right of appeal of a party and precludes the appellate court from acquiring jurisdiction over the case. Nevertheless, the SC may give due course to appeals on the basis of strong and compelling reasons such as serving the ends of justice and preventing grave miscarriage of justice in the exercise of its equity jurisdiction. Rules involving election cases are impressed with public interest thus must be construed liberally. c. The power to annul an election should be exercised with the greatest care as it involves the free and fair expression of the popular will. SCs

Sec 250 of Omnibus Election Code: protest must be filed by a candidate who has duly filed his certificate of candidacy and has been voted for the same office. It does not require that the matter be specifically alleged in the protest. 2. Election protest may be lodged only against a proclaimed candidate and which must be filed w/in the period prescribed to ascertain whether the such candidate is really the lawful choice of the electorate.

A counter protest is equivalent to a counterclaim and must be presented as part of the answer w/in the time the protestee is required to answer, otherwise, the court acquires no jurisdiction to entertain it.

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jurisdiction to review decisions and orders of electoral tribunals (Comelec) operates only upon a clear showing of grave abuse of discretion. d. Execution pending appealRules of Court allows RTC to order execution pending appeal upon good reasons stated in the special order, can be applied to election protests (rule 41 Comelec rules of procedure) decided by the courts. Motion for execution pending appeal may be filed any time before the period for perfection of the appeal. Effects of demurrer to evidence of protestant In election protests, the protestee should not be permitted to present a motion for dismissal or a demurrer to the evidence of the protestant, unless he waives the introduction of his own evidence in case the ruling on his motion or demurrer is adverse to him, in which case the court that tries the case must definitely decide it. Jurisdiction over election contests 1. Local officials Comelec exercises exclusive jurisdiction over all contests relating to the elections, returns, and qualifications of all elective regional, provincial and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or elective barangay officials decided by trial courts of limited jurisdiction. Special civil action for certiorari, prohibition, or mandamus against a RTC in an election contest may be filed only in the CA or SC.

Motion for reconsideration in the trial court not allowed by the Omnibus Election Code sec 26 and the Comelec Rules of Procedure sec 20 rule 35, thus its filing will not suspend the period to appeal. Courts shall give preference to election contests over all other cases, except those of habeas corpus, and shall hear and decide the case within 30 days from date of submission for decision but not later than 6 months after filing.

3. Members of Congress Senate and House of Rep shall each have an

Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members. Electoral Tribunal = composed of 9 members: 3 are Justices of the SC designated by the Chief Justice, 6 are members of the Senate or House of Rep chosen on the basis of proportional representation from political parties and organizations under the party-list system. The senior Justice shall be the chairman. RA 6646: Comelec does not lose jurisdiction to hear and decide a pending disqualification case against a Congressional candidate. Jurisdiction of Electoral Tribunal begins only after a candidate has become member of Senate or House of Rep.

4. President or Vice-President SC en banc shall be the sole judge of all

contests relating to election, returns, and qualifications of the P and VP, and may promulgate its rules for the purpose. Until the election protest is decide against the winning candidate, he has a lawful right to assume and perform the duties and functions of the office. Rules of Court allows execution pending appeal in election cases upon good reasons. Expiration of term of the office contested renders the election contest moot and academic and is a ground for its dismissal, unless rendering of decision on the merits would be of practical value. Distinctions between defective elections and defective returns 1. Return is set aside only when it is tainted with fraud, or with the misconduct of the election officers, that the truth cannot be deduced

2. Municipal and barangay officialsRTC and MTC exercise exclusive

original jurisdiction over election contest involving municipal and barangay officials respectively. Decision of RTC may be appealed to Comelec w/in 5 days from promulgation or receipt of a copy of decision by aggrieved party. Comelec shall decide the appeal w/in 60 days after it is submitted for decision, but not later than 6 months after the filing of the appeal, which decision shall be final, unappealable, and executory.

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from it. The duty still remains to let the election stand and to ascertain from other evidence the true state of the vote. The return may be excluded and set aside at the cost of disenfranchising the voters only on the clearest and compelling showing of their nullity, otherwise, they shall be included and considered prima facie valid for the purpose of canvassing the same and proclaiming the winning candidate.

2. Election is only set aside when it is impossible from any evidence w/in
reach to ascertain the true result. Annulment of an election can be justified where as a result of the irregularity many unqualified voters have their names inscribed in the official list, and it was impossible to segregate the legal from the illegal votes. Power to throw an election should be exercised with the greatest care and only under circumstances w/c demonstrate beyond reasonable doubt that the disregard of the law has been so fundamental that it is impossible to distinguish what votes are lawful and unlawful, or to arrive at any certain result whatsoever, or that the great body of voters have been prevented by violence, intimidation and threats from exercising their franchise. Where illegality reflects more than 50% of the total number of votes cast, the annulment of the election is justified because the remainder does not Constitute a valid Constituency. Irregularities affecting election Irregularities not from wrongful intent, in the manner of calling, holding or certifying the election which do not affect the result, will be ignored. 1. Irregularities must have affected election result protestant must be prepared to show that the irregularities were of such a nature or the illegal votes were of such a number as to materially alter the results, thus rendering the election void. 2. Mandatory provisions must be observedwhere the statute requires an act to be done as essential to the validity of the election, or declares it void if not observed.

3. Evidence must be convincingin the absence of clearly convincing evidence, the election returns and canvassing proceedings must be upheld. 4. Intimidation or violence must justify exclusion of election returnsit must be clearly appear that there was such a display of force as ought to have intimidated men of ordinary firmness. Where such violence and intimidation are shown, election will be set aside. But where election has actually been had and the mass of electors have voted, it must be shown that the number of voters prevented was sufficient to change the result, otherwise the election must stand. To justify the exclusion of election returns, the alleged threats, intimidation or violence that attended the preparation of the said returns must have affected the regularity or genuiness of the contested returns. Evidence on the election 1. Election Returns used in the canvass of votes. The ballots are the best evidence as to the correctness of the number of votes of each candidate. But where ballots cannot be produced, the election returns are the next best evidence. a. Where actual voting had taken place, the election returns cannot be disregarded and have prima facie status as bona fide reports of the results of the voting. Party alleging that election results are fake or tampered must submit convincing proof. Only when election returns are palpably irregular (not formal defects) may they be rejected. b. It is presumed that the election officials have done their duty and the returns made are full and fair statement of the true result, until they are shown to be unreliable. Principle of falsus in uno, falsus in omnibuswhen the returns are shown to be fraudulent and false in part they must be rejected altogether. Returns may be corrected by parol and by written evidence. 2. Ballots the election returns being rejected, the ballots are resorted to. The right of office comes from the ballots and not from the certificate of returns. Recourse to the ballots presupposes that they have been kept as required by law and that they still exist in the same integrity as when cast. 3. Poll-books and tally sheets required by law to be kept showing who has voted and who are legally entitled to vote, resort may be had to these books or sheets to ascertain the number of votes cast and persons who have voted.

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4. Election officialsballots not kept as required by law, after proof of loss of

the tally sheets and poll-books, the evidence of the election officers may be received to show what was the result of the election as counted and declared by them Votersillegality in casting of vote by persons unqualified cannot be allowed to change the result, unless it can be shown for whom they voted. While a voter who legally voted cannot be compelled to state how he voted, a person who voted illegally may be compelled to disclose how he voted except where his answer might tend to incriminate him. Certificate of votesissued by the Board of Election Inspectors to watchers. It shall be admissible in evidence to prove tampering, alteration, falsification, or any other anomaly committed in the election returns, when duly authenticated by testimonial or documentary evidence presented to the board. Failure to present certificate of votes is a bar to the presentation of other evidence of authenticity of the election returns. It is also evidence of the votes obtained by candidates. But it is not used where the integrity of the election returns is not in question.

Votes cast for a candidate are presumed to have been cast in the belief that the candidate is qualified, thus such votes cannot be void. The subsequent finding of disqualification cannot retroact to the date of elections so as to invalidate the votes cast for him. Right of winner in an election contest to recover damages Omnibus Election Code: Actual or compensatory damages may be granted in all election contests or in quo warranto proceedings. Comelec Rules of Procedure: in all election contests the Court may adjudicate damages and attorneys fees as it may deem just and as established by evidence if claimed in the pleadings. Art 2199 of Civil Code: Except as provided by law or by stipulation, one is entitled to an adequate compensation only for such pecuniary loss suffered by him as he has duly proved, referred to as actual or compensatory damages. Actual or compensatory damages are appropriate only in: 1. breaches of obligations in contracts, quasi-contracts, crimes and quasidelicts where the defendant may be held liable for all damages the proximate cause of which is the act/omission complained of, otherwise, 2. the claimant must point a provision of law authorizing a money claim for election protest expenses against the losing party; such as Art 19, 20, and 32 of Civil Code governing human relations. Rules: 1. Notwithstanding a subsequent ouster as a result of an election protest, an elective official proclaimed as winner by the Comelec and assumed office, is entitled to compensation, emoluments and allowances provided for the position. 2. Ousted elective official is not obliged to reimburse the emoluments but liable for damages when found responsible for any unlawful or tortuous acts in his proclamation. 3. The victorious party in an election case cannot be indemnified for expenses in the electoral contest, unless a wrongful act or omission or breach of obligation is clearly attributable to the losing party. 4. If damage had been suffered by the private respondent due to execution of judgment pending appeal, the damage is damnum absque injuria =

5.

6.

Effect of ineligibility or death of candidate receiving majority of votes English rule: If the ineligibility of the winner candidate was known to the voters, or if the fact were so notorious that they must be presumed to have known it, the votes cast for him must NOT be counted, hence the eligible candidate having the next highest number of votes must be deemed elected. Phil jurisdiction: The fact that a majority of the votes cast for an ineligible candidate, or a candidate is later declared to be disqualified, does NOT entitle the candidate with second highest votes to be declared elected but results in the nullity of the election. A permanent vacancy in the contested office is created which should be filled by succession. But if the electorate cast their votes in favor of the ineligible candidate fully aware of the other candidates qualification, the electorate are deemed to have thrown away their votes, and the eligible candidate obtaining the next highest votes may be deemed elected.

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damage w/out injury or damage inflicted w/out injustice, loss or violation of a legal right, or wrong done for which the law provides no remedy. Chapter Seven: ELECTION OFFENSES Jurisdiction over election offenses: An examination of the provisions of the Constitution and the Omnibus Election Code reveals the clear intention to place in the COMELEC exclusive jurisdiction to investigate and prosecute election offenses committed by any person, whether private individual or public officer or employee, and in the latter instance, irrespective of whether the offense is committed in relation to his official duties or not. It is the nature of the offense and not the personality of the offender that matters. As long as the offense is an election offense, jurisdiction over the same rests exclusively with the COMELEC, in view of its all-embracing power over the conduct of election. Criminal and electoral aspects of an election offense: 1. Criminal aspect involves the ascertainment of the guilt or innocence of the accused candidate like in any other criminal case, it usually entails a full-blown hearing and the quantum of proof required to secure a conviction beyond reasonable doubt. 2. Electoral aspect v- determination of whether the offender shall be disqualified from office. This is done through an administrative proceeding which is summary in character and requires only a preponderance of evidence. In a disqualification case, it is the electoral aspect that is involved under which an erring candidate may be disqualified even without prior criminal conviction. Prohibited acts and election offenses under the Omnibus Election Code: 1. Vote buying and vote-selling. a. 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 expenditure, directly or indirectly, or cause an expenditure to be made on any person, association or corporation, entity or community in other to induce anyone or the public in 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 convention or similar selection process of a political party; and b. Any person, association, corporation, group or community who solicits or receives, directly or indirectly, any expenditure or promise of any office or employment, public or private, for any of the foregoing consideration. 2. Conspiracy to bribe voters. a. Committed by two or more persons, whether candidates or not b. Who come to an agreement concerning the vote-buying and vote-selling; and c. Decide to commit it. 3. Wagering upon result of elections. a. Committed by any person who bets or wagers upon the outcomes of, or any contingency connected with an election; b. Money or thing of value or deposit of money or thing of value situated anywhere in the Philippine put as such bet or wager shall be forfeited to the government. 4. Coercion of subordinates to vote for or against any candidate. a. Committed by any public officer or any officer of any public or private corporation or association, or any head, superior, or administrator of any religious organization, or any employer or landowner; a. Who coerces or intimidates or compels, or in any manner influences, directly or indirectly, b. Any of his subordinates or members or parishioners or employees or house helpers, tenants, overseers, farm helpers, tillers, or leaseholders; c. To aid, campaign, or vote for or against any candidate or any aspirant for the nomination or selection of candidates. b. Committed by any public officer or any officer of any commercial, industrial, agricultural, economic or social enterprise or public or private corporation of association, or any head, superior or administrator of any religious organization, or any employer or landowner; a. Who threatens to dismiss by reducing the salary, wage or compensation, or by demotion, transfer, suspension, separation, excommunication, ejectment,

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or causing him annoyance in the performance of his job or in his membership; b. Any subordinate member or affiliate, parishioners, employee or house helper, tenant, overseer, farm helper, tiller or leaseholder; c. 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. 5. Threats, intimidation, terrorism, use of fraudulent device or other forms of coercion. a. Committed by any person; b. Who, directly or indirectly, intimidates or actually causes, inflicts or produces any violence, injury, punishment, damage, loss or disadvantage; c. 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; d. To compel or induce the registration or refraining from registration of any voter, or the participation in a campaign, or the casting of any vote or omission to vote, or any promise of such registration, campaign, vote, or omission therefrom. To justify the exclusion of election returns, the alleged threats, etc. which attended the preparation of said returns must have affected the regularity or the genuineness of the contested returns. 6. Coercion of election officials and employees. a. Committed by any person; b. Who, directly or indirectly, threatens, intimidates, terrorizes, or coerces, c. Any election official or employee in the performance of his election functions or duties. 7. Appointment of new employees, creation of new positions, promotion, or giving salary increases within the election period. a. Committed during the period of 45 days before a regular election and 30 days before a special election; b. Committed by any head, official or appointing officer of a government office, agency, instrumentality, whether national or local, including GOCC;

a. Who appoints or hires any new employee, whether provisional, temporary, or cause or creates and fills any position EXCEPT upon prior authority of the COMELEC. The Commission shall not grant the authority sought unless 1. It is satisfied that the position to be filled is essential to the proper functioning of the office or agency concerned, and 2. The position shall not be filled in a manner that may influence the election. EXCEPTION: A new employee may be appointed in case of urgent need. In such case, 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. b. Committed by any government official; i. Who promotes, or gives any increase of salary or remuneration or privilege to any government official or employee, including those in GOCC. 8. Transfer of officers and employees in the civil service within the election period. a. Committed by any public official b. Who makes or causes any transfer or detail whatever of any officer or employee in the civil service including public school teachers c. Within the election period EXCEPT prior approval of the COMELEC. This provision does not per se outlaw the transfer of a government officer or employee during the election period. To be sure, the transfer or detail of a public officer or employee is a prerogative of the appointing authority. Without this inherent prerogative, the appointing authority may not be able to cope with the emergencies to the detriment of public service. Clearly then, the transfer or detail of a government officer or employee will not be penalized if done to promote efficiency in the government service. Hence, the COMELEC has to pass upon the reason for the proposed transfer or detail. Two elements must be established to prove violation of the law:

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a. The fact of transfer or detail within the election period as fixed by the COMELEC; and b. Such transfer or detail was effected without prior approval of the COMELEC in accordance with its implementing rules and regulations. 9. Intervening of public officers and employees in the civil service in any partisan political activity. a. Committed by any officer or employee in the civil service, any officer, employee, or member of the Armed Forces of the Philippines, or any police force, special forces, home defense forces, barangay self-defense units and all other para-military units that now exist or which may hereafter be organized, EXCEPT those holding political offices; b. Who directly or indirectly, intervenes in any election campaign or engages in any partisan political activity EXCEPT to vote or to preserve public order if he is a peace officer. 10. Use of undue influence. a. It is unlawful for any person a. To promise any office or employment, public or private, or offer to make an expenditure, directly or indirectly, or to cause an expenditure to be made to any person, association or corporation or entity, which may induce anyone or the public in general, either b. To vote or withhold his vote, or to vote for or against any candidate in an election or any aspirant for the nomination or selection of an official candidate in a convention of a political party. b. It is unlawful for any person, association, corporation or community a. To solicit or receive, directly or indirectly any expenditure or promise any of the foregoing considerations. 11. Unlawful electioneering. a. It is unlawful to solicit votes or undertake any propaganda b. On the day of the registration before the board of election inspectors and on the day of the election; c. For or against any candidate or any political party within the polling place and within a radius of 30 meters thereof.

12. Dismissal of employees, laborers or tenants for refusing or failing to vote for any candidate. a. No employee or laborer shall be dismissed, nor a tenant be ejected from his land holdings for refusing or failing to vote for any candidate of his employer or landowner. b. Any employee, laborer or tenant so dismissed or ejected 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. 13. Appointment or use of special policemen, special agents or the like during the campaign period. a. Committed during the campaign period, on the day before and on the election day; b. Committed by any appointing authority who appoints or any person who utilizes 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 same. At the start of the aforementioned period, the barangay captain, municipal mayor, city mayor, provincial governor or any appointing authority shall submit to the COMELEC a complete list of all special policemen, special agents or persons performing similar functions in the employ of their respective political subdivisions, with such particulars as the Commission may require. 14. Illegal release or prisoners before and after election. a. Committed by the Director of the Bureau of Corrections, any provincial warden, the keeper of the jail or the person or persons required by law to keep prisoners in their custody b. Who illegally orders or allows any prisoner detained in the national penitentiary, or the provincial, city or municipal jail to leave the premises thereof 60 days before and 30 days after the election. The municipal or city warden, the provincial warden, the keeper of the jail or the person or persons required by law to keep prisoners in their custody shall post in three conspicuous public places a list of the

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prisoners or detention prisoners under their case. Detention prisoners must be categorized as such. 15. Use of public funds for an election campaign. It is committed by any person who uses, under any guise whatsoever, directly or indirectly: a. Public funds or money deposited with, or held in trust by public financing institutions or by government offices, banks or agencies; b. Any printing press, radio, television station or audiovisual equipment operated by the Government or by its subdivisions, agencies or instrumentalities, including GOCC, or by the AFP; or c. Any equipment, vehicle, facility, apparatus, or paraphernalia owned by the government or by its political subdivisions, agencies, including GOCC, or by the AFP for any election campaign or for any partisan political activity. 16. Carrying deadly weapons within the prohibited area. a. Committed by any person b. Who carries any deadly weapon in the polling place and within the radius of 100 meters thereof during the days and hours fixed by law for the registration of voters in the polling place, voting, counting of votes, or preparation of election returns. c. However, in cases of affray, turmoil or disorder, any peace officer or public officer authorized by the COMELEC to supervise the election is essential to carry firearms or any of other weapon for the purpose of preserving order and enforcing the law. d. To support conviction, it is not necessary that the deadly weapon should have been seized from the accused while he was in the precinct or within a radius of 100 meters therefrom. It is enough that the accused carried the deadly weapon in the polling place and within a radius of 100 meters thereof. 17. Carrying firearms outside the residence or place of business. a. Committed by any person who, although possessing permits to carry firearms; b. Carries any firearms outside his residence or place of business during the election period c. UNLESS authorized in writing by the COMELEC. d. A motor vehicle, water or aircraft shall not be considered a residence or place of business or extension hereof.

e. This 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. 18. Use of armored land vehicle, water or aircraft during the campaign period. a. Committed by any person b. During the campaign period, on the day before and on election day c. Uses any armored land, water, or aircraft; d. Provided with any temporary or permanent equipment or any other device or contraption for the mounting or installation of canons, 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 remodeled. Banking or financial institutions and all business firms may use not more than 2 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 COMELEC. 19. Wearing of uniforms and bearing arms outside the immediate vicinity of ones place of work. a. It is committed by any member or security or police organization of government agencies, commissions, councils, bureaus, offices of GOCC, or privately owned or operated security, investigative, protective, or intelligence agencies a. Who wears his uniform or uses his insignia, decorations or regalia, or bears arms outside the immediate vicinity of his place or work. b. During the campaign period, on the day before and on election day; c. The 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, building, or offices. (Prior

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written approval of the COMELEC shall be obtained. The Commission shall decide all applications for authority within 15 days from the date of the filing of such application.) b. Committed by any member of the AFP, special forces, home defense forces, barangay self-defense units and all other paramilitary units that now exist or which may hereafter be organized a. 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 paramilitary units, UNLESS: 1. The President of the Philippines shall have given previous authority therefore; and 2. The COMELEC authorizes him to do so, which authority it shall give only when necessary to assist in maintaining free, orderly and honest elections, and only after due notice and hearing. b. During the same period, and ending 30 days thereafter. During 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 if firearms of any member or member of the AFP, police forces, home defense forces, barangay self-defense units, and all other para-military units that, now exist, or which may hereafter be organized, or any member or members of the security or police organization of government departments, commissions, councils, bureaus, offices, instrumentalities, or GOCC 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. 20. Acting as bodyguards or security in the case of policemen and provincial guards during the campaign period. a. During the campaign period, on the day before and on election day; b. It is committed by any member of the PNP, the AFP, special forces, home defense forces, barangay self-defense units, and any other para-military units that now exist or which hereafter be organized

Who acts as bodyguard or security guard of any public official, candidate or any other person, any of the latter who utilizes the services of the former as bodyguard or security guard. d. After due notice and hearing, when the life and security of a candidate is in jeopardy, the COMELEC is empowered to assign at the candidates choice, any member of the PNP to act as his bodyguard or security guard in a number to be determined by the Commission but not to exceed three per candidate. e. When the circumstances require immediate action, the Commission may issue a temporary order allowing the assignment of any member of the PNP to act as bodyguard or security guard of the candidate subject to confirmation or revocation. 21. Organization or maintenance of reaction forces, strike forces, or other similar forces during the election period. a. Committed by any person who organizes or maintains a reaction force, strike force or similar forces during the election period; b. The heads of all reaction forces, strike forces, or similar forces shall, not later 45 days before the election. Submit to the COMELEC a complete list of all members thereof with such particulars as the Commission may require. 22. Release, disbursement, or expenditure of public funds during the prohibition period. a. Committed by any public official or employee including barangay officials and those of GOCC and their subsidiaries; b. During 45 days before a regular election and 30 days before a special election, releases, disburses or expends any public funds for any and all kinds of public works, EXCEPT: a. Maintenance of existing and/or completed public works project. However, not more than the average number of laborers or employees already employed therein during the six-month period immediately prior to the beginning of the 45-day period before election day shall be permitted to work during such time. No additional laborers shall be employed for maintenance work within the said period of 45 days. b. Work undertaken by contract through public bidding held, or by negotiated contract awarded, before the 45-day period before election. Work undertaken under

c.

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the so-called takay or paquiao system shall not be considered as work by contract. c. Payment for the usual cost of preparation for working drawings, specification, bills of materials, estimates, and other procedures preparatory to actual construction including the purchase of materials and equipment, and all incidental expenses of wages of watchmen and other laborers employed for such work in the central office and filed storehouses before the beginning of such period. The number of such laborers shall not be increased over the number hired when the project or projects were commenced; and d. Emergency work necessitated by the occurrence of a public calamity, but such work shall be limited to the restoration of the damaged facility. No payment shall be made within five days before the date of election to laborers who have rendered services in projects or works except those falling under above. This prohibition shall not apply to ongoing public works projects commenced before the campaign period or similar projects under foreign agreements. It shall be the duty of the government officials or agencies concerned to report to the COMELEC the list of all such projects being undertaken by them. 23. Construction of public works, etc. during the prohibition period. During the period of 45 days preceding a regular election and 30 days before a special election, it is committed by any person who: a. Undertakes the construction of any public works, except for projects or works exempted; 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. 24. Suspension of elective local official during the election period without prior approval of the COMELEC. The provisions of law to the contrary notwithstanding during election period, it is committed by any public official who suspends, without prior approval of the COMELEC, any elective, provincial, city, municipal or barangay officer, unless said suspension will be for purposes of applying the Anti-Graft and Corrupt Practices Act in relation to the suspension and removal of elective officials.

25. Others.

a. Selling, etc, intoxicating liquors any person who sells,

furnishes, offers, buys, serves or takes intoxicating liquors on the days fixed by law for the registration of voters in the polling place or the day before the election or on election day. Hotels and other establishments duly certified by the Department of Tourism as tourist oriented and habitually in the business of catering to foreign tourists may be exempted for justifiable reasons upon prior authority of the COMELEC. Foreign tourists taking intoxicating liquor in said authorized hotels or establishments are exempted; Opening booths or stalls any person who opens in any polling place or within the radius of 30 meters thereof on election day, and during the counting of votes, booths or stalls of any kind for sale, dispensing or display of wares, merchandise or refreshments, whether solid or liquid, or for any other purposes; Holding fairs, cockfights, etc. Any person who holds on election day, fairs, cockfights, boxing, horse races, jai-alai or any other similar sports; Refusal to carry election mail any operator or employee of a public utility or transportation company operating under a certificate of public convenience, including GOCC postal service or its employees or deputized agents who refuse to carry official election mail matters free of charge during the election period. In addition to the penalty prescribed, such refusal shall Constitute a ground for cancellation or revocation of certificate of public convenience or franchise; and Discrimination in the sale of airtime any person who operates a radio or television station who, without justifiable cause, discriminates against any political party, coalition or aggroupment of parties or any candidate in the sale of air time. In addition to the penalty prescribed, such refusal shall Constitute a ground fro cancellation or revocation of the franchise.

b.

c. d.

e.

Prohibitions relating to registration of voters: a. Any person who:

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i. Having all the qualifications and none of the disqualifications of a voter who fails without justifiable excuse to register as voter in an election, plebiscite or referendum in which he is qualified to vote; ii. Knowingly makes any false or untruthful statement relative to any of the data or information required in the application for registration; iii. Deliberately imprints or who causes the imprinting of blurred or indistinct fingerprints on any of the copies of the application for registration or on the voters 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 of said registration records; iv. Being a registered voter, registers anew without filing an application for cancellation of his previous registration; v. Registers in substitution for another, whether with or without the latters knowledge or consent; vi. Tampers with or changes without authority any data or entry in any voters application for registration; vii. Delays. Hinders or obstructs another from registering; viii. Falsely certifies or identifies another as a bona fide resident of a particular place or locality for the purpose of securing the latters registration as a voter; ix. Uses the voters affidavit of another for the purpose of voting, whether or not he actually succeeds in voting; x. 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 voters application EXCEPT upon unlawful order of the COMELEC, or of a competent court or after proper cancellation; xi. 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; xii. Asks, demands, takes accepts or possesses, directly or indirectly, the voters affidavit of another, in order to induce the latter to

withhold his vote, or to vote fro or against any candidate in an election or any issue in a plebiscite or referendum. It shall be presumed prima facie that the asking, demanding, taking, accepting or possessing is with such intent if done within the period beginning 10 days before the election day and ending 10 days after the election day, UNLESS the voters affidavit of another and the latter are both members of the same family. xiii. Delivers, hands over, entrusts, gives, directly or indirectly, his voters affidavit to another in consideration of money or other benefit or promises thereof, or takes or accepts such voters 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; xiv. Alters in any manner, tears, defaces, removes or destroys any certified list of voters; xv. Takes, carries or possesses any blank or unused registration form already issued to a city or municipality outside of said city or municipality EXCEPT as otherwise provided in the Omnibus Election Code or when directed by express order of the court or of the COMELEC; and xvi. Maliciously omits, tampers or transfer to another list the name of a registered voter from the official list of voters posted outside the polling place. b. 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 qualifications prescribed by law for a voter; or who disapproves any application which on its face shows that the applicant possesses all such qualifications. Prohibitions relating to voting: a. Any person who: i. Fails to cast his vote without justifiable excuse; ii. Votes more than once in the same election, or who, not being a registered voter, votes in an election; iii. Votes in substitution for another, whether with or without the latters knowledge and consent; iv. Not being illiterate or physically disabled, allows his ballot to be prepared by another, or any person who prepares the ballot of

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v. vi.

vii.

viii.

ix.

x. xi. xii.

xiii.

another who is not illiterate or physically disabled, with or without the latters knowledge or consent; 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 just voted; 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; 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; Without legal authority, destroys or substitutes or take 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 box which contains official ballots or other documents used in the election; Having legal custody of the ballot box containing the official ballots used in the election who opens or destroys said box or removes or destroys its contents without or against the order of the COMELEC or who, through his negligence, enables any person to commit any of the acts, or take away said ballot box from his custody; Reveals the contents of the ballot of illiterate or disabled voter whim he assisted in preparing a ballot; Without authority, transfers the location of a polling place; 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; 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, type from mould, electrotype 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;

xiv. Through any act, means pr device, violates the integrity of any official ballot or election returns before or after they are used in the election; xv. Removes, tears, defaces, or destroys any certified list of candidates posted inside the voting booths during the hours of voting; xvi. Holds or causes the holding of an election on any other day than that fixed by law or by the Commission, or stops any election being legally held; and xvii. Deliberately blurs his fingerprint in the voting record. b. Any member of the board of election inspectors: i. Charged with the duty of reading the ballot during the counting of votes whole 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; ii. 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. iii. Who has made possible the casting of more votes than there are registered voters iv. Who knowingly uses ballots other than the official ballots EXCEPT in those cases where the use of emergency ballots is authorized. c. 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; d. Any public official who neglects or fails to properly preserve or account for any ballot box, documents, and other forms received by him and kept under his custody. e. Any official or employee of any printing establishment or the Commission or any member of the committee in charge of the printing of official ballots or election returns who causes official ballots or elections returns to be printed in quantities exceeding those authorized 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 authorized by law or by the Commission to receive or keep official ballots or election returns or who

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sends or causes them to be sent to any place not designated by law or by the Commission. Prohibitions relating to canvassing: a. 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; b. Any member of the Board of Canvassers who i. Proceeds with the canvass of votes and/or proclamation of any candidate which was suspended or annulled by the COMELEC; ii. Proceeds with the canvass of votes and/or proclamation of any candidate in the absence of quorum, or without giving due notice of the date, time, and place of the meeting of the board of candidates, political parties, and/or other members of the board; and iii. 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. Prohibitions common to all boards of election inspectors or boards of canvassers: a. Any member of any board of election inspectors, or board of canvassers who: i. Deliberately absents himself from the meeting of said body for the purpose of obstructing or delaying the performance of its duties and functions; ii. Without justifiable reason, refuses to sign and certify any election form required by the Omnibus Election Code or prescribed by the COMELEC although he was present during the meeting of the said body; b. Any person who: i. 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 public officer or any person acting in his behalf who appoints such ineligible person knowing him to be ineligible;

c.

ii. 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 or any member of said Board of Election Inspectors or Board of Canvassers without authority of the Commission.

Prohibitions relating to candidacy and campaign: a. Any political party which holds political conventions or meetings to nominate its official candidates earlier than the period fixed in the Omnibus Election Code; b. Any person who: i. Abstracts, destroys or cancels any certificate of candidacy duly filed and which has not been cancelled upon order of the COMELEC; ii. Misleads the Board of Election Inspectors by submitting any false or spurious certificate of candidacy or document to the prejudice of a candidate; iii. Being authorized 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; iv. By any device or means, jams, obstructs or interferes with a radio or television broadcast of any lawful political program; and v. Solicits votes or undertakes any propaganda, on the day of election, for or against any candidate or political party within the polling place or within the radius of 30 meters thereof. Persons criminally liable: 1. The principals, accomplices and accessories as defined by the RPC shall be criminally liable for election offenses; 2. If one responsible be a political party or an entity, its president or head, the officials and employees of the same, performing duties connected

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with the offense committed and its member who may be principals, accomplices, and accessories shall be liable, in addition to the liability of such party or entity. Penalties 1. Imprisonment of not less than one year but not more than 6 years and shall not be subject to probation. In addition, the guilty party shall be sentenced to suffer disqualification to hold public office and deprivation of the right to suffrage. If he is a foreigner, he shall be sentenced to deportation which shall be enforced after the prison term has expired. Any political party found guilty shall be sentenced to pay a fine not less than P10,000, which shall be imposed upon such party after criminal action has been instituted in which corresponding officials have been found guilty. 2. In case of prisoner or prisoners illegally released from any penitentiary or jail during the prohibited period, the Director of the Bureau of Corrections, provincial warder, keeper of the jail or prison, or persons who are required by law to keep said prisoner in their custody shall, if convicted by a competent court, be sentenced to suffer the penalty of prision mayor in its maximum period of the prisoner or prisoners so illegally released commit any act of intimidation, terrorism or interference in the election. 3. Any person found guilty of the offense or failure to register or failure to vote shall, upon conviction, be fined P100. in addition, he shall suffer disqualification to run for public office in the next succeeding election following his conviction or be appointed to a public office for a period of one year following his conviction. Conviction and pardon as affecting eligibility: 1. The necessary penalty of temporary absolute disqualification disqualifies the convict from public office and from the right to vote, such disqualification to last only during the term of the sentence; 2. The accessory penalty of perpetual special disqualification for exercise of suffrage deprives the convict of the right to vote or to be elected or hold public office perpetually, as distinguished from temporary special disqualification which lasts during the term of the sentence. 3. The perpetual temporary special disqualification for the exercise of the right of suffrage shall deprive the offender perpetually or during the term of the sentence, according to the nature of said penalty, of the right to

vote in any popular election for any public office or to be elected to such office. 4. A plenary pardon, granted after election but before the date fixed by law for assuming office, has the effect of removing the disqualification prescribed by both the criminal and electoral laws. Other election offenses under the Electoral Reforms Law of 1987 1. Any person who a. Causes the printing of official ballots and election returns by any printing establishment which is not under contract with COMELEC and any printing establishment which undertakes such unauthorized printing; b. Declared as a nuisance candidate or is otherwise disqualified by final and executory judgment, who continues to misrepresent himself, or holds himself out, as a candidate, such as by continuing to campaign thereafter, and/or other public officer or private individual, who knowingly induces or abets such misrepresentation by commission or omission shall be guilty of an election offense and subject to the penalty provided in the Omnibus Election Code; c. Violates the provision regarding the prohibited forms of election propaganda. 2. Any member of the Board of Election Inspectors or Board of Election Canvassers who: a. Tampers, increases, or decreases the votes received by a candidate in any election or any member of the board, who refuses, after proper verification and hearing, to credit the correct votes or deduct such tampered votes; b. Refuses to issue duly accredited watchers and certificate of votes after the counting of the votes cast and announcement of results of the election. 3. Any chairman of Board of Canvassers who fails to give notice of meeting to other members of the board, candidate or political party as required. Other election offenses under the Voters Registration Act of 1996 1. To deliver, hand over, entrust or give, directly or indirectly, his voters identification card to another in consideration of money or other benefit or promise; or take or accept such voters identification card, directly or

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2. 3.

4. 5. 6.

7. 8.

9.

10.

indirectly, by giving or causing the giving of money or other benefit or making or causing the making of a promise therefore; To fail, without cause, to post or to give any of the notices or to make any of the reports required under the Act; To issue or cause the issuance of a voters identification number or to cancel or cause the cancellation thereof in violation of the provisions of the Act; or to refuse the issuance to registered voters their voters identification card; To accept an appointment, to assume office and to actually serve as a member of the Election Registration Board although ineligible thereto; or to appoint such ineligible person knowing him to be ineligible; To interfere with, impede, abscond for purposes 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; To gain, cause access to use, alter, destroy, or disclose any computer data, program, system software, network, or any computer related devices, facilities, hardware or equipment, whether classified or declassified; Failure to provide certified voters and deactivated voters list to candidates and heads of representatives of political parties upon written request; Failure to include the approved application for registration of a qualified voter in the book of votes 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 excuse. 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 content from the certified list of voters being used by the Board of Election Inspectors; and Violation of any of the provisions of the Act.

has been served. Any political party found guilty shall be sentenced to pay a fine of not less than P100,000 but not more than P500,000. Investigation and prosecution: 1. The COMELEC shall, through its duly authorized legal officers, have the exclusive power to conduct preliminary investigation of all election offenses punishable under the Omnibus Election Code, and to prosecute the same. The Commission may avail of the assistance of other prosecuting arms of the government. 2. 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 DOJ for proper investigation and prosecution, if warranted. 3. The Constitutional and statutory mandate for the COMELEC to investigate and prosecute cases of violation of election laws translates, in effect, to the exclusive power to conduct preliminary investigations in cases involving election offenses for the twin purpose of filing an information in court and helping the Judge determine, in the course of preliminary inquiry, whether or not a warrant of arrest should be issued. Arrest in connection with the election campaign 1. A person may be arrested only upon a warrant of arrest issued by a competent judge after all the requirements of the Constitution shall have been strictly complied with. 2. If the offense charged is punishable under a presidential decree, whether originally or by amendment of a previous law, the death penalty shall not be imposed upon the offender EXCEPT where the murder, rape, or arson is involved. In all cases, the penalty shall not be higher than reclusion perpetua and the offender shall be entitled to reasonable bail upon sufficient sureties to be granted speedily by the competent court. Prescription After five years from the date of their commission. If the discovery of the offense be made in an election contest proceedings, the period of prescription shall commence on the date on which the judgment in such proceedings becomes final and executory. Jurisdiction of courts

Penalty: Imprisonment of not less than one year but not more than six months and shall not be subject to probation. In addition, the guilty party shall be sentenced to suffer the disqualification to hold public office and deprivation of the right of suffrage. If he is a foreigner, he shall be deported after the prison term

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RTC exclusive original jurisdiction to try and decide any criminal action or proceedings for the violation of the Omnibus Election Code, MTC - those relating to the offense of failure to register or failure to vote. For the decision of the courts, appeal will as in other criminal cases. Preferential disposition of election offenses The investigation and prosecution of cases involving violations of the election laws shall be given preferences and priority by the COMELEC and prosecuting officials. Their investigation shall be commenced without delay, and shall be resolved by the investigating officer within five days from its submission for resolution. The courts shall likewise give preference to election offenses over all other cases EXCEPT petitions for writ of habeas corpus.

Throw your worries to the wind and let them fly to God. In the end, it is he alone who guides the wind to breeze joy and love back to you.

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