Professional Documents
Culture Documents
Election - Laws Memory Aid2
Election - Laws Memory Aid2
ELECTION LAWS
Suffrage the right and obligation of qualified citizens to
vote in the election of certain national and local of the government
and in the decisions of public questions submitted to the people. It
includes within its scope: election, plebiscite, initiative, referendum
and recall.
Election the means by which the people choose their
officials for a definite and fixed period and to whom they entrust for
the time being as their representatives the exercise of the powers of
the government, It involves the choice of selection of candidates to
public office by popular vote.
Plebiscite a vote of the people expressing their choice for
against a proposed law or enactment submitted to them. An election
at which any proposed amendment to or revision of the Constitution
is submitted to the people for their ratification. A constitutional
requirement o secure the approval of the people directly affected,
before certain proposed changes affecting local governments units
may be implemented.
Initiative it is the process by which the registered voters
directly propose, amend laws, national or local, though an election
called for the propose. Amendments to the Constitution may likewise
be directly proposed by the people though initiative.
Referendum- it is at he submission of a law pass by the
national or local legislative body to the registered voters of an
election called for the purpose for their ratification or rejection.
Recall- it is a 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 singed by
a required percentage of the qualified voters.
Since the right of suffrage is a political and not a natural
right, it is within the power of the state prescribe the manner in which
such right shall be exercised. Congress is mandated by the
Constitution (Sec.2, Art. V):
1
The Chairman and Members are appointed by the
president with the consent of the commission on Appointment for the
term seven (7) years without reappointment on a staggered basis to
make the COMELEC a continuing and self-perpetuating body.
Consequently, its members would have the benefit of the experience
and expertise of the order members of the performance of its
functions, and makes for greater responsibility for its policies and
decisions and serve as guarantee against arbitrary action which is
likely to occur in a body handling partisans questions.
A member appointment and designations in temporary or
acting capacity are not allowed to preserve its independence.
Disabilities, inhibitions\disqualifications
1. Shall not, during tenure, hold any other office or employment
2. Shall not engage in the practice of profession
3. Shall not engage in active management or control of any
business which in any ay may be affected by the functions
of his office
4. Shall not be financially interested, directly or indirectly, in any
contract with, or in any franchise or privilege granted by the
Government, any of its subdivisions, agencies or
instrumentalities, including GOCC s or their subsidiaries.
Safeguards to insure the independence of the COMELEC
It is constitutionally created; may not be abolished by statute
It is expressly described as independent
It is conferred with certain powers and functions which cannot
be reduced by statute.
The chairman and members cannot be removed except by
impeachment.
The chairman and members are given fairly long term of office
of seven years.
Regulation of public entities and mediaSection 4, IX-C The Commission may, during the election
period, supervise or regulate the enjoyment or utilization of
all franchises or permits for the operation of transportation
and other public utilities, media of communication or
information, all grants special privileges, or concessions
granted by the Government or any subdivision, agency or
instrumentality thereof, including any government-owned or
controlled corporation or its subsidiary. Such supervision or
regulation shall aim to ensure equal opportunity, time, and
space and the right to reply, including reasonable equal
rates therefor, for public information campaigns and forums
among candidates in connection with the objective of
holding free, orderly, honest, peaceful, and credible
elections.
The authority given to the COMELEC is to be exercised ofr
the purpose of ensuring free, orderly,honest,peaceful.and
credible elections and only during the elecxtion period.
Note that GOCCs are among those that may be supervised
and regulated by the COMELEC.
The SC upheld the validity of Section 11(b), RA 6646,
prohibiting the sale odr donation of print space or airtime
for political advertisements, and the authority of the
COMELEC to procure print space (upon payment of just
compensation) and free airtime for allocation to candidates.
(Telecommunication and Broadcast Attorneys of the
Philippines vs. COMELEC,289 SCRA 33)
An exit poll is a species of electoral survey conducted by
qualified individuals or groups of individuals for the purpose of
determining the probable result of an election by confidentially
asking randomly selected voters whom they have voted
for,immediately after they have officially cast their ballot.(ABSCBN Broadcasting corporation vs. COMELEC,323 SCRA 811)
2.
3.
4
function of judicial review as it is undoubtedly administrative in
nature, beyond judicial interference.(Chavez vs. COMELEC, 211
SCRA 315)
A resolution of the COMELEC awarding a contract for the
supply of voting booths to a private party, as a result of its choice
among various proposals submitted in response to its invitation to
bid, is not reviewable by certiorari as it is not order rendered in the
legal controversy before it but merely as incident to its inherent
administration functions over the conduct of elections. Any
question arising from said order may be taken in an ordinary civil
action. (Filipinas Engineering vs. COMELEC, 344 SCRA 358)
The Supreme Court has no power to review via certiorari,
an interlocutory order or even a final resolution of a Division of the
COMELEC. (Ambil vs. COMELEC, 244 SCRA 358)
A decision, order or resolution of a division of the
COMELEC must be reviewed by the COMELEC en banc decision
may be brought to the supreme Court on certiorari. (Ambil vs.
COMEL, 358)
Disqualifications
1.
2.
ii.
Plenary pardon
Amnesty
Lapse of 5yaers after service of sentence (Sec.111, RA 8189)
4.
Procedure
ii.
iii.
iv.
Jurisdiction
ii.
iii.
iv.
2.
6.
7.
8.
9.
Exclusion
i. Any registered voter in city or
municipality
ii. Representative of political party
iii. Election Officer (Sec. 39, RA 8189)
iv. COMELEC [Sec. 2(6), Art. IX C, PC]
Personal delivery
Leaving copy in possession of sufficient
discretion in residence.
Posting in city hall or municipal hall and two
other
conspicuous places in the city or
municipality at least 10 days
before the
hearing (Sec. 32(b), RA 8189)
2.
Inclusion
Private person whose application was disapprove
by the Election Registration Board or whose
name was stricken out from the list of waters
(Sec. 34, RA 8189)
Petitioners
ii.
3.
5.
6
The Party list system was devised to replace the reserve seat
system the very essence of the party list system is representation
by election. (Veterans Federation Party vs. COMELEC, 342 SCRA
244)
GUIDELINES FOR SCREENING PARTY LIST PARTICIPANTS
1.
Religious sects
Those which seeks to achieve their goals through
unlawful means
Those which refuse to adhere to the Constitution
Those that are supported by any foreign government
2.
4.
5.
6.
7.
8.
7
Residence
In Marcos vs. COMELEC, 248 SCRA 300, the Supreme
Court upheld the qualification of IRMarcos despite her own
declarations in her certificate of candidacy that she had resided in the
district for only seven months because of the following:
1.
2.
3.
QUALIFICATIONS OF CANDIDATES
A.
National Arts. VI and VII, PC
1.
President and Vice President
2.
Senators
3.
Congressmen District and Party List
Representatives
B.
4.
8
B.
B.
Insurrection or rebellion
2.
3.
2.
9
NCR legislative districts Regional COMELEC Directors
Legislative districts in cities outside NCR City Election
registrar concerned
For provincial offices Provincial Election Supervisor of the
province concerned.
City and Municipal offices City or Municipal Election
Registrar concerned.
The certificates of candidacy of Members of the House of
Representatives, Provincial, city or municipal officials shall
be filed in 5 copies not later than 45 days before the
election.
The certificate of candidacy shall be filed by the candidate
personally or his duly authorized representative. No
certificate of candidacy shall be filed or accepted by mail,
telegram or facsimile.
The evident purpose of the law in requiring the filing of
certificate of candidacy and in fixing the time limit therefore
are; (1) to enable the voters to know, at least sixty days
before the regular election, the candidates among whom
they are to make the choice, and (2) to avoid confusion and
inconvenience in the tabulation of the votes to the duly
registered candidates, there might be as many persons
voted for as there are voters, and votes might be cast even
for unknown or fictitious persons, as mark to identify the
votes in favor of a candidate for another office in the same
election. (Miranda vs. Abaya, 311 SCRA 617)
Duty of COMELEC
Subject to its authority over nuisance candidates and its
power to deny due course or cancel a certificate of
candidacy, the rule is that the COMELEC shall have only
the ministerial duty to receive and acknowledge receipt of
the certificates of candidacy. (Sec. 78, BP 881)
Effect Filing
An appointive public official is considered resigned upon
filing of his certificate. (Sec. 66, BP 881;Sanciangco vs.
Rono, 137, SCRA 671).This includes an employs of a
GOCC organized under the Corporation Code (Without
original charter), since the law makes no distinction.
(PNOC EDC vs. NLRC, 222 SCRA 831)
Any elective official, whether national or local who has filed
a certificate of candidacy for the same or any other office
shall not be considered resigned from office. (sec. 26,
COMELEC Resolution No. 3636, Rules and Regulations
Implementing RA 9006)
Withdrawal of Certificate of Candidacy
Form written declaration under oath. There was no withdrawal
of candidacy for the position of mayor where the candidate,
before the deadline for filing certificates of candidacy,
personally appeared in the COMELEC office, asked for his
certificate of candidacy and intercalated the word vice
before the word mayor and the following day wrote the
election registrar saying that his name be included in the
list of official candidates for mayor. (Vivero vs. COMELEC,
L 81059, Jan 12, 1989)
Since his certificate of candidacy for the office of board
member was filed by his party, and the said party had
withdrawn the nomination which withdrawal was confirmed
10
DISQUALIFICATION OF CANDIDATES
1. Grounds
Violation of Omnibus Election Code Sec. 68
2.
11
Under the same provision, intervention may be allowed in
proceedings for disqualification even after election if there has yet no
final judgment rendered. (Mercado vs. Mazano, 307 SCRA 630)
Where the votes cast for a nuisance candidate whose
disqualification had not yet become final on election day were tallied
separately, they should be counted in favor of the petitioner. (Bautista
vs. COMELEC, 298, SCRA 480)
THE LONE CANDIDATE LAW
The Lone Candidate Law is RA 8295, enacted June 6,
1997. Section 2 thereof provides the upon the expiration of the
deadline for the filing of certificate of candidacy in a special election
called to fill a vacancy in an elective position other than for President
and Vice-President, when there is only one (1) qualified candidate for
such position, the lone candidate shall be proclaimed elected to the
position by proper proclaiming body of the COMELEC that he is the
only candidate for the office and is thereby deemed elected.
Section 3 thereof also provides that the lone candidate so
proclaimed shall assume office not earlier than the scheduled
election day, in the absence of any lawful ground to deny due course
or cancel the certificate of candidacy in order to prevent such
proclamation.
b.
c.
A.
Nomination of candidates
1.
2.
B.
a.
Campaign period
1.
2.
C.
Lawful propaganda
1.
Forms
2.
Handwritten/printed letters
4.
5.
6.
7.
12
1.
An application for permit for a rally shall not be
denied except on the
ground that a prior written application for the
same purpose has been
approved. A denial
is appealable to the provincial election supervisor or
COMELEC. (Sec. 87, BP 881)
2.
It is unlawful to give or accept transportation,
food, drinks or things of
value within 5 hours before and after a public
rally, before election day
and on election
day. (Sec. 89 BP 881)
F.
Prohibited donations
It is prohibited for any candidate, his spouse,
relative within second degree of consanguinity or affinity, or
representative to make any contribution for any structure
for public use or for use of any religious or civic
organization except the normal religious dues and payment
for scholarships established and school contributions
habitually made before the campaign period. (Sec. 104, BP
881)
G.
Prohibited contributions
No political contribution shall be made by the
Requirement
1.
2.
3.
D.
1.
2.
1.
2.
3.
1.
2.
resources
Scope
E.
following:
H.
voter
b.
Other candidates P3 per voter in his
constituency
c
Candidate without political party P5
per voter
d.
Party/organization
and
coalition
participating in the party list
system P5 per voter
2.
Political party and coalition P5 per voter in the
constituency where it has
candidates. (sec. 13, RA 7166)
J.
Penalties
a.
First Offense administrative fine from
P 1,000 to P30, 000
b.
Subsequent offense
i.
Administrative fine from
P2,000 to P60, 000
ii.
Perpetual disqualification to
hold public office (Sec. 14,
RA 7166)
3.
Effect of withdrawal
A candidate who withdraws his
certificate of candidacy must still file a statement
of contributions and expenditures, for the law
makes no distinction. (Pilar vs. COMELEC, 245
SCRA 759)
13
regular elections for barangay officials shall be held once every five
years.
ELECTION OF SANGGUNIANG MEMBERS
1.
For provinces with two or more legislative district the
elective members of
Sangguniang Panlalawigan (Spn) shall be elected by
legislative districts.
2.
For provinces with only one legislative district the
COMELEC shall divide
them into districts for purposes of electing the members of
the SPn;
3.
For cities in Metro Manila Area, Cebu City, Davao City or
any other city with
two or more legislative district governed by Secs. 2 and 3
of RA 6686.
4.
For municipalities in Metro Manila the COMELEC shall
divide them into two
districts by barangay for purposes of electing members of
the SB.
POSEPONEMENT OF ELECTION
When for any serious cause such as violence, terrorism,
loss or destruction of election paraphernalia or records, force
majeure, and other analogous cases of such nature that the holding
of a free, orderly and honest election should become impossible in
any political subdivision, the COMELEC, motu propio or upon a
verified petition by any interested party, and after due notice and
hearing, whereby all interested parties are afforded equal opportunity
to be heard, shall postpone the election therein. (Sec. 5, BP 881)
An election officer alone, or even with the agreement of the
candidates, cannot validly postpone or suspend the election. (Basher
vs. COMELEC, 330 SCRA 736). . . It is essential to the validity of the
election that the voters have notice in some form, either actual or
constructive, of the time, place and purpose thereof (Basher vs.
COMELEC, supra)
A petition to postpone elections should be addressed to the
COMELEC, subject to the remedy of review provided for in Art IX A
Section 7.
In fixing the date of special elections the COMELEC should see to it
that:
1.
It should not be later than thirty (30) days after the
secession of the cause of the
Postponement of suspension of the election or a failure to
elect; and
2.
It should be reasonably close to the date of the election not
held, suspended or
Which resulted in the failure to elect.(Pangandaman vs.
COMELEC, 319 SCRA
283)
A special election is not valid if notice of its date and of the
transfer of the precincts was given less than a day before, since the
voters were deprived of the opportunity to vote. (hassan vs.
COMELEC, 264 SCRA 125)
FAILURE OF ELECTION
1.
Sec.6 the OEC contemplates three instances when the
COMELEC may declare a failure of election and call for the holding
of a special election: (1) when thee election in any polling place has
not been held on the date fixed on account of force majeure,
violence, terrorism, fraud and other analogous cases, (2) when the
election in any polling place has been suspended before the hour
fixed by law for the closure of the voting; and (3) after the voting and
during the preparation and transmission of the election returns or in
the custody or canvass thereof, such election results in a failure to
elect. (Soliva et al vs. COMELEC, GR No. 141723, April 20,2001)
2.
The power to throw out or annul an election should be
exercised with the utmost care and only under circumstances which
14
known probity and competence may be appointed. (Section
13, RA 6646)
WATCHERS
Number
1.
Official watchers
Every registered party or coalition of parties and
every candidate is entitled to one watcher
per precinct and canvassing counter.
Candidates for the local legislature belonging to
the same party are entitled collectively to
one watcher.
Six principal watchers from 6 accredited major
political parties shall be recognized. (Section
26, 7166)
2.
Other watchers
a. The accredited citizens arm is entitled to a
watcher in every precinct.
b. Other civic organizations may be authorized to
appoint one watcher in
every precinct. (Section 180, BP 881)
Important rights of watchers
1.
All watchers
a. To stay inside the precinct
b. To inform themselves of the proceedings
c. To file a protest against any irregularity
d. To obtain a certificate of the number of votes
cast for each candidate (Section 179,
BP881)
2.
Citizens Arm
To be given a copy of the election return to be
used for the conduct of an unofficial count. (Section 1, RA
8045)
VIII. CASTING OF VOTES
1.
The chairman of the Board of Election Inspectors should
sign each ballot at the back. The omission of such signature does not
affect the validity of the ballot.(Libanan vs HRET,283 SCRA 520)
Under the rules prevailing during the 1997 Barangay Elections, the
failure to authenticate the ballots shall no longer be cause for the
invalidation thereof. (Malabaguio vs. COMELEC,346 SCRA 699)
2.
A voter who was challenged on the ground that he has
been paid for the vote or made a bet on the result of the election will
be allowed to vote if he takes an oath that he did not commit the act
alleged in the challenge. (Section 200,BP881)
3.
An illiterate or physically disabled voter may be assisted by
a relative by affinity or consanguinity within the fourth degree or any
person of his confidence who belongs to the same household or any
member of the Board of Election Inspectors. (Section 196, BP881)
4.
It is unlawful to use carbon paper, paraffin paper or other
means for making a copy of the contents of the ballot or to use any
means to identify the ballot.(Sec. 195,BP881). A ballot prepared
under such circumstances should not be counted. (Gutierrez vs.
Aquino, Feb,26,1959)
ABSENTEE VOTING
1.
Members of the Board of Election Inspectors and their
substitutes may vote in the precinct where they are assigned.
(Section 169, BP 881)
2.
Absentee voting for President, V-president and Senators
are allowed for members of the AFP, PNP, and other government
employees assigned in connection with the performance of election
duties to places where they are not registered. (Section 12, RA
7166)
RA NO. 9189 AN ACT PROVIDING FOR A SYSTEM OF
OVERSEAS ABSENTEE VOTING BY QUALIFIED CITIZENS OF
THE PHILIPPINES ABROAD
15
In the case of seafarers, the Commission shall provide a
special mechanism for the time and manner of personal registration
taking into consideration the nature of their work.
6.1 Upon receipt of the application for registration, the
Election Officer shall immediately set the application
for hearing, the notice of which shall be posted in a
conspicuous place in the premises of the city or
municipal building of the applicants stated residence
for at least one (1) week before the date of the
hearing. The Election Officer shall immediately furnish
a copy of the application to the designated
representatives of political parties and other
accredited groups.
6.2 If no verified objection to the application is filed, the
Election Officer shall immediately forward the
application to the Election Registration Board, which
shall decide on the application within one (1) week
from the date of hearing without waiting for the
quarterly meeting of the Board. The applicant shall be
notified of the approval or disapproval of his/her
application by registered mail.
6.3 In the event that an objection to the application is
filed prior to or on the date of hearing, the Election
Officer shall notify the applicant of said objection by
registered mail, and closing therein copies of
affidavits or documents submitted in support of the
objection filed with the said Election Officer, if any.
The applicant shall have the right to file his counteraffidavit by registered mail, clearly stating therein
facts and defenses sworn before any officer in the
host country authorized to administer oaths.
6.4 The application shall be approved or disapproved
based on the merits of the objection, counter-affidavit
and documents submitted by the party objecting and
those of the applicant.
6.5 A Certificate of Registration as an overseas absentee
voter shall be issued by the Commission to all
applicants whose applications have been approved,
including those certified as registered voters. The
Commission shall include the approved applications
in the National Registry of Absentee Voters.
6.6 If the application has been approved, any interested
party may file a petition for exclusion not later than
two hundred ten (210) days before the day of
elections with the proper municipal or metropolitan
trial court. The petition shall be decided within fifteen
(15) days after its filing on the basis of the documents
submitted in connection therewith. Should the court
fail to render a decision within the prescribed period,
the ruling of the Election Registration Board shall be
considered affirmed.
6.7 If the application has been approved, the applicant or
his authorized representative shall, within a period of
five (5) days from receipt of the notice of this
approval, have the right to file a petition for inclusion
with the proper municipal or metropolitan trial court.
The petition shall be decided within five (5) days after
its filing on the basis of documents submitted in
connection therewith.
Qualified citizens of the Philippines abroad, who have
previously registered as voters pursuant to Republic Act No. 8189
shall apply for certification as absentee voters and for inclusion in the
National Registry of Overseas Absentee Voters, with a corresponding
annotation in the Certified Voters List.
16
b.)
(iv)
c.)
16.3
16.4
16.5
Sec. 11 Procedure for Application to Vote in Absentia.11.1 Every qualified citizen to the Philippines abroad whose
application for registration has been approved, including
those previously registered under Republic Act No. 8189,
shall, in every national election, file with the officer of the
embassy, consulate or other foreign service establishment
authorized by the Commission, a sworn written application to
17
16.7
16.8
16.9
16.10
16.11
IX
18
1.
The Board of Election Inspectors shall read the ballots
publicly and shall not postpone the count until it is completed.
(Section 206, BP 881)
2.
The Board of Election Inspectors shall assume such
positions as to provide the watchers and the public unimpeded view
of the ballot being read. (Section 25, RA 7166)
3.
If on account of violence or similar causes it becomes
necessary to transfer the counting of the votes to a safer place, the
BEI may effect the transfer by unanimous approval of the board and
concurrence of a majority of the watchers present. (Section 18,
RA6646)
4.
Where a commotion resulted in suspension of the counting,
the BEI may recount the ballots. (Dayag vs. Alonzo)
SPECIAL PROBLEMS
1.
Excess Ballots
If there are excess ballots, the poll clerk shall
draw out as many ballots equal to the excess without seeing them,
and the excess ballots shall not be counted. (Section 207, BP881)
2.
Spoiled ballots
a.
Ballots in the compartment for spoiled ballots are
presumed to be spoiled ballots.
If the BEI finds that a valid ballot was erroneously
deposited in the compartment for spoiled ballots.
It shall be counted. (Section 209, BP881)
3.
Marked Ballot
a.
Marked ballots shall not be counted (Section
208, BP881)
b.
A ballot is considered marked in any of the
following cases:
The voter signed the ballot. (Ferrer
vs De Alban, 101 phil 10)
There were variations in the style of
writing
The name of a a candidate was
written more than twice
The voter wrote the names of wellknown public figures who are not
candidates such as actors,
actresses and national political
figures. (Protacto vs. De Leon, 9
SCRA 472)
The ballot contains irrelevant
expression.(Bautista
vs.
Castro,206 SCRA 305). However,
the use of nicknames and
appellations of affection and
friendship, if accompanied by the
name of the candidate does not
annul the ballot except when it is
used to identify the voter. (Section
211 (13), BP811)
c.
Evidence aliunde is not necessary to prove a
ballot as marked. (Bacobo vs. COMELEC,191 SCRA 576)
d.
a ballot in which a sticker was stuck by another
person to invalidate it should not be rejected. (Lerias vs.
HRET,202 SCRA 808)
2.
COUNTING OF VOTES
MANNER
19
3.
4.
5.
6.
7.
8.
9.
10. A ballot in which the correct first name but wrong surname
of a candidate is written or the correct surname but wrong
first name of a candidate is written ,shall not be counted in
his favor.
11. Where a candidate named Pedro Alfonso died on the eve
of the election and his daughter Irma Alfonso substituted
him, ballots in which the name Pedro alfonso was written
cannot be counted in her favor. (Afonso vs. COMELEC,232
SCRA 777)
12. If two or more candidates were voted for in an office for
which the law authorizes the election for only one, the vote
shall not be counted in favor of any of them.
20
4.
Problem areas
a.
Lost return
i. If any election return has been lost, upon prior
authority of the COMELEC, the board of canvassers may
b.
PRE-PROCLAMATION CASES
A.
Dfinition;coverage
Pre-proclamation controversy refers to any
question pertaining to or affecting the proceedings of the
board of canvassers which may be raised by any candidate
or by any registered political party or coalition of political
parties before the board or directly with the Commission, or
any matter raised under sections 233,234,235 and 236 in
relation to the preparation,transmission,receipt, custody
and appreciation of the election returns. ( Chu vs.
COMELEC,319 SCRA 482)
In pre-proclamation controversy, the board of
canvassers and the COMELEC are not to look beyond or
behind election returns which are on their face regular and
authentic returns.(CHU,supra)
A pre-proclamation controversy is limited to an
examination of the election returns on their face- The
COMELEC as a general rule need not go beyond the face
of the returns and investigate alleged election irregularities.
To require the COMELEC to examine the
circumstances surrounding the preparation of the returns
would run counter to the rule that a pre-proclamation
controversy should be summarily decided.
Where the resolution of the issues raised would
require the COMELEC to pierce the veil of election
returns that appear prima facie regular, the remedy is a
regular election protest.
The office of pre-proclamation controversy is
limited to incomplete, falsified or materially defective
returns which appear as such on the face. (Sebastian VS
COMELEC, 327 SCRA 406)
B.
JURISDICTION
1.
Questions involving the legality of the
composition or proceeding of the board of canvassers,
21
except congress, may be raised initially in the board of
canvassers or the COMELEC.(SEC 15 and 17, RA 7166)
2.
Questions involving the election returns and
certificate of canvass should be brought in the first instance
before the board of canvassers only (Section 17, RA 7166)
C.
ISSUES
1.
Provincial, city and municipal officials
a.
b.
c.
d.
2.
President, vice president, senators, congressmen and
barangay officials
No pre-proclamation case is allowed regarding
the preparation, transmission, receipt, custody and appreciation of
the election return or certificate of canvass.(Chaves vs
COMELEC,211 SCRA 315)
ERRORS IN THE CERTIFICATE OF CANVASS
Correction of manifest errors has reference to errors in the
election returns, in the entries of the statement of votes by
precinct/per municipality, or in the certificate of canvass a manifest
clerical error is one that is visible to the eye or obvious to the
understanding, and is apparent from the papers to the eye appraiser
and the collector, and does not include an error which may, by
evidence dehors the record to be shown to have been committed.
(Trinidad vs. COMELEC,320 SCRA 836)
1.
While the first sentence of section 15 of RA 7166 prohibits
candidates in the presidential, Vice presidential, senatorial and
congressional elections from filing pre-proclamation case, the second
sentence allows the filing of petitions for correction of manifest errors
in the certificate of canvass or election returns even in elections for
president, vice-president, senators and members of the House of
Representatives for the simple reason that the correction of manifest
error will not prolong the process of canvassing nor delay the
proclamation of the winner in the election. (Sandoval vs.
COMELEC,323 SCRA 403)
2.
The canvassing body may motu proprio or upon petition of
an interested party correct manifest errors in the certificate of
canvass or election return. (Sec 15, RA7166)
i.
A copy of an election return or certificate of
canvass was tabulated more than once.
ii.
Two or more copies of the same election return
or certificate of canvass were tabulated separately.
iii. There was a mistake in copying the figures into the
statement of votes or certificate of canvass.
Errors in addition in the certificate of canvass may be
corrected. (Ong vs COMELEC,221 SCRA 75)
iv. Returns from non-existent precincts were included in the
canvass
The statement of votes cannot be corrected on
the basis of a certification given to a watcher, since election returns
are what are supposed to be the basis of the canvass. (Ramirez vs.
COMELEC,270 SCRA 390)
ii.
22
buying cannot be raised in a preproclamation case (Allarde vs.
COMELEC,159 SCRA 623)
iv.
Vote buying and secrecy in
the preparation of ballots are not
proper grounds for pre-proclamation
case (Salazar vs. COMELEC,184
SCRA 433)
v.
The claim that the voters
were allowed to vote without verifying
their identities, that there were
discrepancies between the signatures
in the voter\s affidavits and the voting
record, and third persons falsely voted
for voters who did not vote are not
proper issues in a pre-proclamation
case (Dipatuan vs. COMELEC,185
SCRA 86)
vi. Technical examination of the
signatures and thumbprints of the
voters to prove substitute voting is not
allowed in a pre-proclamation case.
(Balindong vs. COMELLEC,260 SCRA
294)
vii. The padding of the list of
voters cannot be raised in a preproclamation case, since it does not
involve the election return. (Ututahan
vs. COOOMELEC,189 SCRA 335)
viii. The fact that the voting was
sham or minimal is not a ground for
filing a pre-proclamation case, since
this is properly cognizable in an
election
protest.(Salih
vs.
COMELEC,279 SCRA 19)
ix
To look beyond or behind
election returns is not a proper issue in
pre-proclamation controversy (Ocampo
vs. COMELEC, 325 SCRA 636)
x
The fact that the counting of
the votes was not completed because
of the explosion of grenade and that no
election was held cannot be raised in a
pre-proclamation case, as these are
irregularities that do not appear on the
face of the election returns. (Matalam
vs. COMELEC,271 SCRA 733)
2.
Administrative lapses which
do not affect the authenticity of an
election return cannot serve as basis
for annulling the election return.
i.
The failure to close the
entries in the election returns with the
signature of the BEI, lack of seals,
absence of time and date of receipt of
election return by the board of
canvassers, lack of signature of
watchers of the petitioner, and the lack
of authority of the person who received
the election returns do not affect the
authenticity of the returns. (Baterina vs.
COMELEC,205 SCRA 1)
ii.
The absence of the signature
of the claimant of the BEI on the voters
affidavits, list of voters and voting
records, absence or excess of
detachable coupons, discrepancies
between the member of detachable
coupons and the number of ballots,
missing voters lists are mere
administrative omissions and cannot be
23
used as basis to annul an election
return. (Arroyo vs. HRET, 246 SCRA
384)
3.
Where the threats of the
followers of a candidate did not affect
the genuineness of an election return, it
should not be excluded (Salvacion vs.
COMELEC,170 SCRA 513)
SUMMARY DISPOSITION OF PREPROCLAMATION CONTROVERSY
1.
Summary
proceedings
cannot be stretched to mean ex parte
proceeding- summary simply means
with dispatch, with the least possible
delay, signifying that the power may be
exercised without trial in the ordinary
manner prescribed by law for regular
judicial
proceedings.(Velayo
vs.Comelec,372 SCRA 713)
2.
RA 7166 explicitly provides
that it is only on the basis of the official
records that the COMELEC can decide
the pre-proclamation controversy in a
summary manner. (Velayo vs.
COMELEC,327 SCRA 713)
3.
All
pre-proclamation
controversies on election returns or
certificates of canvass shall be
disposed of summarily-first by the
record of canvassers and then. By the
COMELEC. (Chu vs. COMELEC, 319
SCRA 482)
A.
2.
The canvass of any contested return shall be
deferred and the board of canvasser shall proceed to
canvass the uncontested return (Section 20(b),RA 7166)
3.
Within 24 hours, the objecting party shall submit
evidence in support of the objections.
4.
Within 24 hours after presentation of the
objection, a party may file a written opposition and attach
the supporting evidence.(Section 20c, RA 7166)
5.
The board of canvassers shall summarily rule in
the contested returns (Section 20(d),RA 7166)
6.
A party who intends to appeal should
immediately inform the board of canvassers. Within 24
hours he must file a written and verified notice of appeal
with the board of canvassers and take his appeal to the
COMELEC within 5 days. (section 20(f),RA 7166)
a.
Appellate jurisdiction
b.
Period of appeal
PRE-
24
hols true where the computation of
votes was erroneous. (Mentang vs.
COMELEC,229 SCRA 669)
All pre-proclamation cases pending
before the COMELEC shall be
terminated at the beginning of the term
of the office (noon of June 30) involved,
and the rulings of the board of
canvassers shall be deemed affirmed,
without prejudice to the filing of an
election protest by the aggrieved party.
(Penaflorida vs. COMELEC,282 SCRA
241 And Barroso vs Ampig,328 SCRA
530)
The pre-proclamation case should no
longer be decided if exclusion of the
questioned election return will not
change the result of the election.
(Matalam vss. COMELEC,271 SCRA
733)
EFFECT OF FILING AN ELECTION
PROTEST,QUO WARRANTO
1.
As a general rule, the filing of
an election protest or a petition for quo
warranto precludes the subsequent
filing of a pre-proclamation controversy,
or amounts to the abandonment of one
earlier
filed.
(Maruhom
vs.
COMELEC,331 SCRA 473)
2.
The filing of an election
protest results in abandonment of a
pre-proclamation case even if the
protest alleged it was filed as a
precautionary measure, if he did not
explain
why.(Laodenio
vs.
COMELEC,276 SCRA 405)
3.
The rule that the filing of a
protest implies abandonment of the
pre-proclamation case does not apply
if:
i.
The protest was
filed as a precautionary measure
(mitmug vs. COMELEC,230 SCRA 54)
ii.
The board of canvassers was improperly
constituted, as when the Municipal Treasurer took over the
canvassing without having been designated. (Saman vs.
COMELEC,224 SCRA 631)
CONTINUANCE OF THE CASE
If the petition appears meritorious on the basis of the evidence
presented so far, the COMELEC or the SC may order the case to
continue. (Section 16, RA 7166)
4.
A candidate for mayor who finished second cannot be
proclaimed simply because the candidate who received the highest
number of votes died, since he was not the choice of the people.
(Benito vs. COMELEC, 23335 SCRA 436)
5.
The wreath of victory cannot be transferred from the
disqualified winner to the repudiated loser because the law then as
now only authorizes a declaration of election in favor of the person
who has obtained a plurality of votes to be declared elected. (Sunga
vs. COMELEC,288 SCRA 76)
ANNULMENT OF PROCLAMATION
1.
The COMELEC can annul a proclamation because of an
error in the computation of the votes in the statement of votes since
the proclamation is void.(Torres vs. COMELEC,270 SCRA 583)
2.
Where the COMELEC, without prior notice and hearing,
annulled the proclamation of a winning party and directed the
Municipal Board of Canvassers to reconvene and effect corrections
in the total number of votes received by the candidates and
thereafter proclaim the winner, the expedient action to take is to
direct the Municipal Board of Canvassers to reconvene and. after
notice and hearing in accordance with rule 27, section 7 of the
COMELEC Rules of Procedure, to effect the necessary correction, if
any, in the election returns and, on the basis thereof, proclaim the
winning candidate or candidates as members of the Sangguniang
Bayan( Angelia vs. COMELEC,332 SCRA 757)
3.
It is improper for the COMELEC to annul the proclamation
of a winning candidate on the basis of new and additional evidence
which were not presented before the Board of Canvasssers and
which were not furnished to the said candidate Reliance should not
be placed on mere affidavits for the purpose of annulling a winning
candidates proclamation. (Velayo vs. COMELEC, 327 SCRA 713)
4.
A proclamation subsequently declared void is no
proclamation at all and while a proclaimed candidate may assume
office on the strength of the proclamation of the Board of Canvassers
he is only a presumptive winner who assumes office subject to the
final outcome of the election protest. (Lonzanida vs. COMELEC,
311 SRA 602)
ELECTION CONTESTS
A.
Jurisdiction
Supreme Court( Presidential Electoral Tribunal)
President
Vice-President ( Sec. 4, Art VII, Phil. Const)
Senate Electoral tribunal Senators
( Sec 17, Art VI, PC)
3.
House of Representatives Electoral TribunalCongressmen ( Sec 17, Art VI, PC; Sampayan vs.
Daza, 213 SCRA 807)
PROCLAMATION
4. Commission on Elections
1.
The Board of Canvassers shall not make any proclamation
without any authorization from the COMELEC (Jamil vs
COMELEC,283 SCRA 349)
Regional Officials
Provincial Officials
City Officials ( Sec 2(2). Art IX-C, PC; Sec 249 BP 881)
2.
Proclamation may be made if the contested returns will not
adversely affect the results of the elections. (Section 20 (i), RA 7166)
6.
3.
The COMELEC may order the proclamation of other
winning candidates whose election will not be affected by the preproclamation case. (Section 21, RA 7166)
7.
Procedure
1.
Period of filing contest
a.
Periods
i.
President and Vice-President
1)
Protest- 30 days ( Rule 14,
Rules of Presidential Electoral
Tribunal)
2)
Quo Warranto- 10 days
( Rule 15, Rules of
Presidential
Electoral Tribunal)
ii.
Senators
1)
Protest 15 days ( Rule 14,
Revised Rules of Senate
Electoral Tribunal)
2)
Quo Warranto 10 days
( Rule 15, Revised Rules of
Senate Electoral Tribunal)
iii.
Congressmen- 10 days ( Rule 16 and
17.1998 Rules of House of
Representatives Electoral Tribunal)
iv.
Regional, provincial and city officials-10
days ( Sec 250 and 253, BP 881;
Republic vs. Dela Rosa, 232 SCRA 78)
v.
Municipal Officials- 10 days ( Secs 251
and 253, BP 881)
vi.
Barangay Officials 10 days ( Sec 252
and 253, BP 881)
vii.
Sangguniang Kabataan- 10 days ( Sec
1, RA 7808)
b.
Exceptions
i.
The period to file an election protest or
quo warranto case is
suspended from the filing of a preproclamation case until receipt of the
order dismissing the case. ( Sec 248,
BP 881; Gatchalian vs CA , SCRA 208)
ii.
If the dismissal was elevated to the
Supreme Court , the period does not
run until receipt of the dismissal by the
Supreme Court, because review by the
Supreme Court is part of the
proceeding.( Gallardo vs Rimando, 187
SCRA 463)
iii.
The running of the reglementary period to
file an election protest is
tolled by a partys elevation to the
Supreme Court of a
25
COMELEC decision resolution of
proclamation case. ( Roquero vs
COMELEC , 289 SCRA 120)
iv.
The period to file an election protest is
suspended by the filing of the petition
to annul the proclamation of the winner
( Manahan vs Bernardo, 283 SCRA
505)
v.
Since the filing of a pre-proclamation
case merely suspends the running of
the period to file an election protest,
only the balance of the period is in
case of dismissal. ( Roquero vs
COMELEC , 289 SCRA 150)
vi.
Where the evidence of the lack of
Filipino citizenship of a provincial
official was discovered only 18 months
after his proclamation, the quo
warranto case should be allowed even
if it filed more than 10 days after his
proclamation. ( Frivaldo vs COMELEC ,
174 SCRA 245)
2
.Protestant or Petitioner
President and Vice-President
i. protest- Candidate with second or third
highest number of votes ( Rule 14, Rules
of Presidential Electoral Tribunal)
ii. Quo Warranto- any voter ( Rule 15, Rules
of Presidential Electoral Tribunal)
Senator
i.
Protestany
candidate ( Rule 14, Revised Rules of
Senate Electoral Tribunal)
ii.
Quo Warrantoany voter ( Rule 15, 1998 Rules of
Senate Electoral Tribunal)
Congressmen
Protest- any candidate
Quo Warranto- Any voter ( Rule 17, 1998 Rules
of House of Representatives Electoral
Tribunal)
Regional, provincial, City Officials
Protest- any candidate ( Sec 250, BP 881)
Quo Warranto- any voter ( Sec 253, BP 881)
Municipal Officials
Protest- any candidate- ( Sec 251 , BP 881)
Quo Warranto- any voter ( Sec 253, BP 881)
Barangay Officials
Protest- any candidate- ( Sec 252, BP 881)
Quo Warranto- any voter ( Sec 253, Bp 881)
Payment of Docket Fee
When the protestant included
a claim for attorneys fees in his protest
and paid the docket fee for his claim for
attorneys fees but did not pay the
basic docket fee for the election protest
, the election protest should be
dismissed. ( Gatchalian vs CA, 245
SCRA 208)
Allegations in Protest
An election protest should contain the following
jurisdictional allegations:
The protestant is a candidate who duly filed a
certificate of candidacy and was voted
for in the election
The protestee has been proclaimed elected
The date of proclamation ( Miro vs COMELEC,
121 SCRA 466)
26
not only the adjudication of private and
pecuniary interest of rival candidates
but paramount to their claims is the
deep public concern involved and the
need of dispelling the uncertainty over
the real choice of the electorate.
( Barroso vs Ampig Jr, 328 SCRA 530)
Joinder of Election Protest and Quo
Warranto Cases
An election protest and quo warranto case
cannot be filed jointly in the same
proceeding. However, they can be filed
separately. ( Luisaon vs Garcia , GR
No L-10916, May 10, 1957)
If they were joined in an action , they should be
ordered separated. ( Pacal vs Ramos,
81 Phil 20)
Composition of Board of Canvassers
The illegality of the composition of the
board of canvassers cannot be raised
in a quo warranto case, as only the
ineligibility or disloyalty of the winner
can be raised in such case
( Samad vs COMELEC, 224 SCRA
631)
Change Theory
Substantial Amendments to the
election protest cannot be made after
the expiration of the period for filing an
election protest.
( Arroyo vs
HRET, 224 SCRA 384)
Preliminary Motions
A motion to dismiss and a motion for a
bill of particulars may be filed in an
election protest pending before the
regular courts , since the COMELEC
Rules of Procedure are not applicable
to the regular courts because of the
exclusive rule-making power of the
Supreme Court. ( Aruelo vs CA, 227
SCRA 311)
10.
Answer
An
answer file out of time cannot be
admitted ( Kho vs
COMELEC 279 SCRA 463)
Where the answer of the
protestee was filed out of time and a
general denial was entered in
favor of the protestee, the rule in
civil cases that general
denials operates as a n admission is
not
applicable ( Loyola vs HRET,
229 SCRA 90)
A counter protest cannot be
allowed if the answer was filed out of
time ( Lim vs COMELEC, 282
SCRA 53)
11.
Cash Deposit
A protestee who filed a counterclaim for
attorneys fees cannot be required to
file a cash deposit since a cash deposit
is required only for a counter-protest
( Roa vs Inting, 231 SCRA 57)
27
12.
Injunction
A protestee cannot be enjoined from
assuming office because of the
pendency of an election protest. Until
the case is decided against him, he has
the right to assume office. ( Careno vs
Dictado, 160 SCRA 759)
a.
b.
c.
14.
15.
16.
13.
Substitution
Even if the protestee has resigned , the
protest should continue , as
a
favorable judgement will be entitled the
protestant to assume the office ( Delos
Angeles vs Rodriguez, 46 Phil 599)
The same holds true if the protestee
accepted another position ( Calvo vs
Maramba, GR No 13206, January 7,
1918)
If the protestee died, he should be
substituted by his successor such as
the vice-mayor ( Dela Victoria vs
COMELEC, 199 SCRA 561) He cannot
be substituted by his heirs, since public
office cannot be inherited. ( Abeja vs
Tanada, 236 SCRA 60)
If it is the protestant who died, he
should be substituted by the public
official who would have succeeded him,
such as the vice-mayor. ( De Castro vs
COMELEC 267 SCRA 806)
Abandonment
A defeated candidate for president who filed an
election protest and ran for senator should be
deemed to have abandoned the protest
( Santiago vs Ramos, 253 SCRA 559)
Summary Judgment
An election protest cannot be decided summarly,
as summary judgment applies only to ordinary
civil action for recovery of money
MELEC
199 SCRA 449)
Opening of Ballots
When an election protest is filed. The ballot
boxes should be opened without requiring proof
of irregularities, and misappreciation of ballots
( Manahan vs Bernardo, 283 SCRA 505)
The revision of ballots in an election protest filed
with COMELEC should be held in Manila
( Cabagnot vs COMELEC, 260 SCRA 503)
17.
18.
Evidence
The genuineness of the handwriting in the ballots
can be determined without calling handwriting
experts. ( Erni vs COMELEC, 243 SCRA 578)
Unless the original documents or certified true
copies of them cannot be produced or photocopies cannot be used as evidence ( Arroyo vs
HRET, 246 SCRA 384)
Ballots cannot be excluded on the ground that
they were written by any person or were marked
on the basis of mere photo-copies, as they are
not the best evidence ( Nazareno vs COMELEC
279 SCRA 89)
20.
Demurrer
A motion to dismiss for insufficiency of the
evidence of the protestant has rested is a
demurrer to the evidence. If it was granted but
reversed on appeal , the protestee is deemed to
have the right to present evidence ( Enojas vs
COMELEC, 283 SCRA 229)
21.
Decision
a.
authentic election return cannot be
annulled because the ballots
were lost
or destroyed ( Arroyo vs HRET 246 SCRA 384)
b.
If the winner is ineligible, the candidate
who got the highest
number
of votes cannot be proclaimed elected as he did not get the
majority or plurality of the
votes ( Sunga vs COMELEC,
288 SCRA 76)
c.
Actual damages may be awarded in
accordance with the law
( Sec 259, BP 881)
The loser cannot be ordered to
reimburse the winner for the
expenses
incurred in the election protest for no law provides for it
( Atienza vs COMELEC 239 SCRA
298)
d.
The mere fact that the decision in favor
of the protestant was
reversed
on appeal is not sufficient basis for the ruling that the
protestant should be awarded
attorneys fees because the protest
was filed for harassment
( Malaluan vs COMELEC 254 SCRA 397)
e.
Under Sec 264, par 1 of BP 881, as
amended , the award of
damages is no among the imposable penalties for the
commission
of any of the
election offenses thereunder by any individual
( Regalado vs CA 325 SCRA 516)
22.
28
electorate
ii.
The shortness of the remaining portion
of the term of the contested
office
iii.
Length of time that the election contest
has been pending ( Ferno
vs
COMELEC 328 SCRA 52)
iv.
Filing of bond as a condition for the
issuance of a corresponding
writ
of
execution to answer for the payment of damages which the
aggrieved party may suffer by reason
of the execution pending
appeal
( Ramas vs COMELEC 286 SCRA 189)
a.
One motion for reconsideration is allowed in the
contest involving the
following :
i.
President- 10 days
ii.
Vice-President- 10 days ( Rule 65,
Rules of Presidential Electoral
Tribunal
iii.
Senator- 10 days ( Rule 64, Rules of
Senate Electoral Tribunal)
iv.
Congressmen- 10 days ( Rule 74, 1998
Rules of HRET)
v.
Regional, Provincial and City Officials
5 days ( Sec 2, Rule 19
COMELEC Rules of Procedure)
b.
No motion for reconsideration is allowed in
election contests involving the
following:
i.
Veloria vs COMELEC ,
SCRA 907)
24.
Review
a.
Jurisdiction
i.
Senator- Supreme Court within 60 days
( Sec 4, Rule 65 Rules of
Court)
ii.
Congressmen- Supreme Court within
60 days ( Lerias vs HRET;
Sec 4,
Rule 65 Rules of Court)
iii.
Regional, provincial, and City officials
Supreme Court within 30
days
( Sec 7, Art IX-A Phil Const)
iv.
Municipal Officials
1)
COMELEC within 5 days
( Sec 22 RA 7166; Sec 3 Rule 22
of COMELEC Rules of Procedure, Lindo vs COMELEC,
194 SCRA 25)
2)
Supreme Court- within 30
days ( Rivera vs COMELEC 199
SCRA 178)
v.
Barangay Officials
1)
COMELEC within 5 days
( Sec 2(2) ,Art IX-C, Phil Const;
Sec 3, Rule 22 COMELEC Rules of Procedure;
calucag vs
COMELEC 274 SCRA 405)
2)
Supreme Court within 30
days ( Flores vs COMELEC 184
SCRA 484)
b.
Form
Where the appellant filed an appeal brief instead
of a notice of appeal to
the COMELEC ,
the appeal should not be dismissed, since the
determination of the will of the people should not
be thwarted of
technicalities
( Pahilan vs Tabalba, 230 SCRA 205)
c.
i.
An appeal may be dismissed for failure
of the appellant to pay the
appellate
docket fee ( Reyes vs RTC of Oriental Mindoro, 244
SCRA 41)
ii.
An appeal may be dismissed if the full
appellate docket fee was
not paid ,
as payment of the full amount is indispensable for
perfection of the appeal ( Rodillas vs
COMELEC, 245 SCRA 702)
c.
Since only decisions of the COMELEC en banc
may be elevated to the
Supreme Court , a
party who did not file for a motion for reconsideration
d.
Scope of Authority
29
Offenses
1.
Vote-buying
a.
The fact that at least one voter in at
least 20% of the precincts in a municipality , city or province was
offered money by the relatives, leaders or sympathizers of a
candidate to promote his election shall create a presumption of
conspiracy to bribe voters.
b.
The fact that at least 20% of the
precincts of the municipality, city or province to which the office
aspired for by the candidate is affected by the offer creates the
presumption that the candidate and his campaign managers are
involved in the conspiracy.
c.
Any person who is guilty and willingly
testifies shall be exempt from prosecution ( Sec 28, RA 6646)
d.
The traditional gift-giving by the
municipality during Christmas which was done to induce voters for
the mayor does not constitute vote-buying ( Lozano vs Martinez, 285
SCRA 256)
2.
Prosecution
1.
Section 2(6),Art IX-C File, upon a verified complaint, or on
its own initiative, petitions in court for inclusion or exclusion of voters;
investigate and, where appropriate, prosecute cases of violations of
election laws, including acts or omissions constituting election frauds,
offenses, and malpractices.
The COMELEC has exclusive jurisdiction to conduct
preliminary investigation of and prosecute election offenses
(Naldaza vs. Lavilles,254 SCRA 286)
2.
3.
Whatever initiated motu propio or filed with the COMELEC
by any other party, the complaint shall be referred to the COMELEC
Law Department for investigation.. The COMELEC Chairman, in his
personal capacity may file directly with the COMELEC Law
Department pursuant to Section 4, Rule 34 of the COMELEC Rules
of Procedure. No requirement in section 5 that only the COMELEC
en banc may refer a complaint to the Law Department for
investigation nor is there a rule against the COMELEC Chairman
directing the conduct of a preliminary investigation, even if he himself
were the complainant in his private capacity Where the complaint
was directly filed with the Law Department under Section 4 of Rule
32 of the COMELEC RULES of Procedure obviously there is no
need to refer such complaint to the same Law Department Under
Section 5 of Rule 34 of the COMELEC Rules of Procedure, the
preliminary investigation may be delegated to any of those officials
specified in the rule upon the direction of the COMELEC
Chairman(Laurel vs. Presiding Judge, RTC Manila Br 10, 323 SCRA
778)
30