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

A member appointed to fill a vacancy shall serve only for

the unexpired term to preserve the staggered terms of office;

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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
number and location of polling places, appointment of election officials
and inspectors and registration of voters;

4. DEPUTIZE, with the concurrence of the president, law enforcement

agencies, including AFP, for the purpose of ensuring free, orderly
elections;
5. REGISTER, political parties, orgs, and coalitions;
The parties must present their platforms;
ACCREDIT, citizens arms of the comelec.
6. FILE, petitions in court for inclusion or exclusion of voters;
INVESTIGATE AND PROSECUTE cases of violations of election
laws
7. 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;
8. RECOMMEND TO THE PRESIDENT the removal of any officers or
employee deputized or for the imposition of disciplinary actions for
violations blah blah;
9. 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;
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;

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o
o

Must cover election controversies as to qualifications, returns

etc.
What are these admin matters?
Contracts
Distribution of ballots etc.

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

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;
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.

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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;
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;

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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.

Chapter Three:
Requirements Before Election
A. Registration
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
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

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(2)
(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

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

(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

(2)

National Central File under the custody of the Commission in Manila

consisting of the 3rd copies of all the approved voter registration records

IDENTIFICATION OF VOTERS
(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)

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

(3)

Cancellation of Registration the Board shall cancel the registration of

those who have died as certified by the local Civil Registrar

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

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(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

(3)

Preparation and posting of the certified list of voters 90 days before a

regular election and 60 days before a special election

(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

BOOK OF VOTERS compilation of all registration records in a precinct

(1)
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
(2)

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;
(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;

(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.

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
(3) Residence place of his domicile (its determination depends upon intention
which may be inferred from his acts, activities and utterances

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(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)

(c)
(d)

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

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;

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 1 st 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

(2) adjudged by final judgment of having committed any crime involving

disloyalty to the duly constituted government;

Polling Place building or place where the board of election inspectors conducts
its proceedings and where the voters cast their votes

(3) insane or incompetent persons as declared by competent authority unless

subsequently declared as otherwise

Voting Center building or place where the polling place is located

B. Precincts and Polling Places

ELECTION PRECINCTS basis unit of territory established by the COMELEC
for the purpose of voting
(1)

Establishment The COMELEC shall draw updated maps of all the

precincts nationwide.

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.
(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.

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(3)

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

(4)

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,

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

(3)

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

(4)

The ruling party and the dominant opposition party or their respective
duly authorized representatives shall submit the names of their respective
watchers

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

(3)

There shall not be anything printed or written at the back of the ballot
except as provided in Sec 24 of the Election Code

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.

C. Certificates of Candidacy

FORM AND CONTENTS OF BALLOTS:

(1)
It shall be uniform in size and shall be provided by the Commission

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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.

(3)

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.

(4)

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.

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

(3)

CCs for provincial offices provincial election supervisor concerned

(4)

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

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.
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
cause, only a person belonging to, and certified by, the same political party
may file a CC to replace the candidate.

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(2)

(3)

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

DISQUALIFICATIONS: same as the disqualifications for voters

The substitute candidate need not be a member of the political party

concerned prior to his nomination as its official candidate.

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)

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 2 nd highest number of
vote will be declared as the elective officer.

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.
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.

- 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
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.

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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
supporters accompanying a candidate shall be allowed to wear hats
and/or shirts or T-shirts advertising a candidate;
4. To show or display publicly any advertisement or propaganda for or
against any candidate by means of cinematography, audio-visual

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units or other screen projections EXCEPT telecasts which may be

allowed under certain conditions; and
5. 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.
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
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:
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

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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:
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;

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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.
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

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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 by-laws,
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

The party-list system

1. Constitutional provision Section 5(1) of Article VI of the Constitution:
The House of Representatives shall be composed of not more
than two hundred and fifty members, unless otherwise fixed by
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.

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2. 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.
3. 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
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.
7. 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.

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8. 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.
9. 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.
10. 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
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:

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15.

16.
17.

18.

19.

20.
21.

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.
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.
How party-list representatives are chosen According to their ranking
in said list.
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 30 th 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.
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.
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.
Rights of party-list representatives entitled to the same salaries and
emoluments as the regular members of the House of Representative.
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;

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).

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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.

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;

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 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;
o 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.

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.

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:

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.

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.
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

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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.

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
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.

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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,
o offered or promised to contribute money, or
o anything of value
o 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.
o 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.

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RECORDS OR STATEMENTS TO BE PREPARED AND KEPT

READ BOOK PAGE 635

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;
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.
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

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o
o
o
o

o
o

SECOND COPY to the congress, directed to senate president

THIRD TO COMELEC
FOURT to provincial board of canvassers
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;
SIXTH to city or municipal trial court judge or official designated
by Comelec; shall keel his copies sealed and unopened;
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
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.
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;

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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.

CANVASS AND PROCLAMATION

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
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.

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
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.

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.

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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

3.

4.

5.

6.

STATUS AS BONA FIDE REPORTS OF THE RESULT OF THE VOTING

for canvassing and proclamation purposes.
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.
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.
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.
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

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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.

4.

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.

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
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
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

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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 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

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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
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

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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.
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

3.
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.

4.
5.

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

6.
7.

Contested composition or proceedings of the board of canvassers

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
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
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)
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
after all uncontested returns have been canvassed and contested returns
ruled upon, board shall SUSPEND the canvass, and any adverse party may
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.

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.

8.

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

Ruling by board on objections

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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.

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.

5.

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.

Jurisdiction of Comelec over pre-proclamation cases governed by less rigid

standards of administrative due process.

Pre-proclamation cases
Effect of filing an election protest or a petition for quo warranto
1.

2.
3.

Not allowed in elections for President, Vice President, Senator, and

Members of the House of Rep but does not preclude the canvassing
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

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.
2.
3.
4.
5.

Board of canvassers improperly Constituted

Quo warranto was not proper remedy
What was filed was petition to annul a proclamation
Filing of the quo warranto or election protest expressly made w/out
prejudice to the pre-proclamation case or was made ad cautelam
Proclamation was null and void

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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.

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.
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
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.

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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.
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.
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
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

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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.
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
5. 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.
6. 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.
Effect of ineligibility or death of candidate receiving majority of votes

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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.
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.

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 =
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

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,

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

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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,
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

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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:
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,

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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
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.

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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
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 para-military
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

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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
c. 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
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

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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;
b. 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;
c. Holding fairs, cockfights, etc. Any person who holds on
election day, fairs, cockfights, boxing, horse races, jai-alai or any
other similar sports;
d. 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
e. 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.
Prohibitions relating to registration of voters:
a. Any person who:
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;

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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
another who is not illiterate or physically disabled, with or without
the latters knowledge or consent;
v. 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;
vi. 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;
vii. 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;
viii. 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;
ix. 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

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or who, through his negligence, enables any person to commit any

of the acts, or take away said ballot box from his custody;
x. Reveals the contents of the ballot of illiterate or disabled voter
whim he assisted in preparing a ballot;
xi. Without authority, transfers the location of a polling place;
xii. 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;
xiii. 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
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:

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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;
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.
c. 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
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

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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
indirectly, by giving or causing the giving of money or other benefit or
making or causing the making of a promise therefore;
2. To fail, without cause, to post or to give any of the notices or to make any
of the reports required under the Act;
3. 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;
4. 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;
5. 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;
6. 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;
7. Failure to provide certified voters and deactivated voters list to
candidates and heads of representatives of political parties upon written
request;
8. 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

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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.
9. 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
10. Violation of any of the provisions of the Act.
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
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.

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
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.

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.

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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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