GROUNDS/PROPER ISSUES THAT MAY BE RAISED UNDER THE OMNIBUS ELECTION CODE IN PRE-PROCLAMATION CONTROVERSY 1.

Illegal composition or proceedings of the board of canvassers 2. The canvassed election returns are incomplete, contain material defects, appear to be tampered with or falsified, or contain discrepancies in the same returns or in other authentic copies thereof as mentioned in Sections 233, 234, 235 and 236 of this code 3. The election returns were prepared under duress, threats, coercion, or intimidation, or they are obviously manufactured or not authentic 4. When substitute or fraudulent returns in converted polling places were canvassed, the results of which materially affected the standing of the aggrieved candidate or candidates.

CIRCUMSTANCES WHEN THERE IS ILLEGAL PROCEEDINGS OF THE BOC 1. Precipitate canvassing 2. Terrorism 3. Lack of sufficient notice to the members of the BOC 4. Improper venue WHEN TO FILE PETITION The petition questioning the illegality, or the composition and/ or proceedings of the BOC shall be filed immediately when the BOC begins to act such or at the time of the appointment of the member whose capacity to sit as such is objected to, if it comes after the canvassing of the board, or immediately when the proceedings become illegal.
PRE-PROCLAMATION DEFINITION A pre-proclamation controversy refers to any question or matter pertaining to or affecting the proceedings of the board of canvassers, or any matter raised under Sec. 233-236 of BP 881 in relation to the preparation, transmission, receipt, custody and appreciation of the election returns. (Sec. 241, BP 881)The institution of the preproclamation controversy was intended to prevent the nefarious practice known as grab-the-proclamation, prolongthe-protest. Jurisdiction OF PRE PROCLAMATION The COMELEC has exclusive jurisdiction over pre-proclamation cases. It may order, motu propio or upon written petition, the partial or total suspension of the proclamation of any candidate-elect or annul partially or totally any proclamation, if one has been made. WHEN NOT ALLOWED Pre-proclamation controversies on matters relating to the preparation, transmission, receipt, custody and appreciation of the election returns or the certificates of canvass, are not allowed for the following positions: President Vice President Senator Member of the House of Representatives (Sec. 15, R.A. 7166)

NATURE OF PROCEEDINGS OF PRE-PROCLAMATION All pre-proclamation controversies shall be heard summarily by the COMELEC after due notice and hearing. This is because canvass and proclamation should be delayed as little as possible. Questions which require more deliberate and necessarily longer consideration are left for examination in the corresponding election protest. (Sison v. COMELEC, G.R. No. 134096. March 3, 1999)

Parties adversely affected by a ruling of the board of canvassers on questions affecting the composition or proceedings of the board may appeal the matter to the Commission with 3 days from a ruling thereon. The Commission shall summarily decide the case within 5 days from the filling thereof ( Sec 19 RA 7166)

PROCEDURE A, QUESTIONS INVOLVING THE COMPOSITION OR PROCEEDINGS OF THE BOARD OF CANVASSERS OR CORRECTION OF MANIFEST ERRORS

WHERE:The controversy may be initiated either in the Board of Canvassers or directly with the COMELEC. (Sec. 17, R.A. 7166) WHEN:It depends:(a) If petition involves the illegal composition or proceedings of the board, it must be filed immediately when the board begins to act as such (Laodeno v. COMELEC, 276 SCRA 705), or at the time of the appointment of the member whose capacity to sit as such is objected to if it comes after the canvassing of the board, or immediately at the point where the proceedings are or begin to be illegal. Otherwise, by participating in the proceedings, the petitioner is deemed to have acquiesced in the composition of the Board of Canvassers. (b) If the petition is for correction, it must be filed not later than 5 days following the date of proclamation, and must implead all candidates who may be adversely affected thereby. (Sec. 5(b), Rule 27, COMELEC Rules of Procedure)

MATTERS RELATING TO THE PREPARATION,TRANSMISSION, RECEIPT,CUSTODY AND APPRECIATION OF THE ELECTION RETURNS AND CERTIFICATE OF CANVASS WHERE:Only with the Board of Canvassers WHEN: At the time the questioned return is presented for inclusion in the canvass. WHO: Any candidate, political party or coalition of political parties

ELECTION CONTEST, These are adversarial proceedings by which matters involving the title or claim to an elective office, made before or after proclamation of the winner, is settled whether or not the contestant is claiming the office in dispute. The purpose of an election contest is to ascertain the candidate lawfully elected to office.An election contest is imbued with public interest.The election contest must be liberally construed to favor the will of the people. An election contest may not be defeated by mere technical objections.Until and unless the election protest is decided against him, a person who has been proclaimed as duly elected has the lawful right to assume and perform the duties and functions of the office. WHO : President and vice president,senator,congressman regional provincial,and city officials, municipal officials, barangay officials, sanguniiang kabataan WHEN: President and V.President ( protest 30 days & quo warranto 10 days), Senators ( protest 15 days & quo warranto 10 days) , Congressmen (10 days) , regional, provincial, city officials, municipal officials, sanguniiang kabataan ( 10 days ) GROUNDS: Motion to dismiss except on the ground of lack of jurisdiction over the subject matter Demurrer to evidence

ELECTION PROTEST WHO MAY FILE: Any candidate who has filed a certificate of candidacy and has been voted upon for the same office, and who has not himself caused or contributed to the irregularities or frauds of which he complains GROUNDS: Fraud, terrorism, irregularities or illegal acts committed before, during or after the casting and counting of votes PERIOD FOR FILING: Within 10 days from proclamation of the results of the election Where, after 5 days from the proclamation of the winning candidate, the loser files a motion for reconsideration in the pre-proclamation controversy, there are only 5 days which remain of the period within which to file an election protest. (Roquero v. COMELEC, 289 SCRA 150) QUO WARRANTO WHO MAY FILE: Any registered voter in the constituency GROUNDS: Ineligibility or disloyalty to the Republic of the Philippines

PERIOD FOR FILING: Within 10 days from proclamation of the results of the election