ELECTION LAWS

e.

BASIC PRINCIPLE ON ELECTION

The Philippines is a democratic and republican State.
Sovereignty resides in the people and all government
authority emanates from them. (Sec. 2, Art. 2)
2 TYPES OF ELECTION
1. Election of Public Officers
2. Election of Policies
Other kinds:
1. Regular election one provided by law for election of
officers either nationwide or in certain subdivisions thereof,
after expiration of full term of former members; and
2. Special election one held to fill vacancy in office
before expiration of full term for which incumbent was
elected.

Sanggunian Kabataan Election is not a regular

election.

majority thereof, including the Chairman

shall be members of the Philippines Bar who
have been engaged in the practice of law for
at least 10 years (reason: COMELEC
exercises quasi-judicial powers)

The Chairman and Members are appointed by the president

with the consent of the commission on Appointment for the
term seven (7) years without reappointment on a staggered
basis to make the COMELEC a continuing and selfperpetuating body.
Consequently, its members would have the benefit of the
experience and expertise of the order members of the
performance of its functions, and makes for greater
responsibility for its policies and decisions and serve as
guarantee against arbitrary action which is likely to occur in a
body handling partisans questions.
SAFEGUARDS TO INSURE THE INDEPENDENCE OF THE
COMELEC
1.

Plebiscite a vote of the people expressing their choice for

against a proposed law or enactment submitted to them. An
election at which any proposed amendment to or revision of
the Constitution is submitted to the people for their ratification.
A constitutional requirement to secure the approval of the
people directly affected, before certain proposed changes
affecting local governments units may be implemented.
Initiative it is the process by which the registered voters
directly propose, amend laws, national or local, though an
election called for the propose. Amendments to the
Constitution may likewise be directly proposed by the people
though initiative.
Referendum- it is at he submission of a law pass by the
national or local legislative body to the registered voters of an
election called for the purpose for their ratification or rejection.
Recall- it is a method by which a public officer may be
removed from office during his tenure or before the expiration
of his term by a vote of the people after registration of a
petition signed by a required percentage of the qualified voters.

It is constitutionally created; may not be abolished by

statute
2. It is expressly described as independent
3. It is conferred with certain powers and functions which
cannot be reduced by statute.
4. The chairman and members cannot be removed
except by impeachment.
5. The chairman and members are given fairly long term
of office of seven years.
6. The chairman and members may not be reappointed
or appointed in an acting capacity.
7. The salaries of the chairman and members are
relatively high and may not be decreased during
continuance in office.
8. The COMELEC enjoy fiscal autonomy.
9. The COMELEC may promulgate its own procedural
rules, provided they do not diminish, increase or
modify substantive rights (though subject to
disapproval by the Supreme Court)
10. The Chairman and Members are subject to certain
disqualifications calculated to strengthen their
integrity.
11. The COMELEC may appoint their own officials and
employees in accordance with Civil Service Laws.
DISABILITIES, INHIBITIONS\DISQUALIFICATIONS

THE COMMISSION ON ELECTIONS

Composition, Qualifications, Appointment, Term of Office

The COMELEC is composed of a chairman and six

(6) Commission, The Chairman and the Members of
the Commission shall be:
a. natural -born citizens of the Philippines
b. at least thirty-five years of age
c. holders of a college degree
d. must not have been candidates for any
elective position in the immediately
preceding election

1. Shall not, during tenure, hold any other office or

employment
2. Shall not engage in the practice of profession
3. Shall not engage in active management or control of
any business which in any ay may be affected by the
functions of his office
4. Shall not be financially interested, directly or indirectly,
in any contract with, or in any franchise or privilege
granted by the Government, any of its subdivisions,
agencies or instrumentalities, including GOCC s or their
subsidiaries.

COMELECS POWER TO RECOMMEND PARDON OR

PAROLE
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. (Sec 5, Art. IX- C)

The right of suffrage ardently invoked by herein

petitioners is not at all absolutethe exercise of suffrage,
as the enjoyment of all other rights subject to existing
substantive and procedural requirement embodied in our
Constitution, statute books and other repositories of law.
(AKBAYAN Youth et al. vs. COMELEC GR No. 147066,
March 26, 2001)
INCLUSION AND EXCLUTION CASES

NATIONALISTA PARTY V DE VERA

The Supreme Court has no general power of
supervision over the COMELEC except those power
especially granted by the Constitution, that is the
power to review its decisions and orders.
QUALIFICATION FOR SUFFRAGE:
1. Filipino citizen;
2. At least 18 years of age;
3. Resident of the Philippines for at least one year;
4. Resident of place where he proposes to vote for at
least 6 months; and
5. Not otherwise disqualified by law.
DISQUALIFICATIONS
1. Any person sentenced by the final judgment to suffer
imprisonment for not less than one year.
2. Any person adjudged by the final judgment of having
committed
(a) any crime involving disloyalty to the government or
(b) any crime against national security
(c) firearms laws.
3. Insane or incompetent persons as declared by
competent authority.
REMOVAL OF DISQUALIFICATION FOR CONVICTION
Plenary pardon
Amnesty
Lapse of 5yaers after service of sentence (Sec.111, RA
8189)
SYSTEM OF CONTINUING REGISTRATION
The personal filing o application of registration of voters
shall be conducted daily in the office of the Election Office
during regular office hours. No registration shall, however,
be conducted during the period starting 120 days before a
regular election and 90 days before a special election.
(Sec. 8, RA 8189)
The Supreme Court upheld the validity of the COMELEC
resolution denying the petition of certain youth sectors to
conduct a special registration: Petitioners were not denied
the opportunity to avail of the continuing registration under
RA 8189..the law aids the vigilant and not those who
slumber on their rights
In a representative democracy the right of suffrage,
although afforded a prime niche in the hierarchy of right
embodied in the fundamental law., ought to be exercised
within the proper bounds frames and framework of the
Constitution and must properly yield to pertinent laws
skillfully enacted by the Legislature

1. Jurisdiction
i. Municipal or Metropolitan Trial Court original and exclusive
Jurisdiction\
ii. Regional Trial Court appellate jurisdiction (5 days) (Sec.
33, RA 8189)
iii. Supreme Court appellate jurisdiction over RTC on
question of law (15 days) [Sec. 5(2)(e), Art. VIII, PC; Sec. 2,
Rule 45 of the Rules of Court.]
2. Petitioners
a. Inclusion
Private person whose application was disapprove by the
Election Registration Board or whose name was stricken out
from the list of waters (Sec. 34, RA 8189)
COMELEC [Sec. 2(6), Art. IX-C, PC]
b. Exclusion
i. Any registered voter in city or municipality
ii. Representative of political party
iii. Election Officer (Sec. 39, RA 8189)
iv. COMELEC [Sec. 2(6), Art. IX C, PC]
3. Period for Filing
a. Inclusion Any day except 105 days before regular election
or 75 days before a special election. (Sec. 24, RA 8189)
b. Exclusion Any time except 100 days before a regular
election or 65 days before special election. (Sec. 35 RA 8189)
4. Procedure
a. Petition for exclusion shall be sworn (Sec. 35 , RA 8189)
b. Each petition shall refer only to only one precinct. (Sec. 35,
RA 8189)
c. Notice
i. Parties to be notified
5. Inclusion Election Registration Board
i. ii Exclusion
6. Election Registration Board
7. Challenged voters [Sec. 32(b), RA 8189]
8. Manner
Notice stating the place day and hour of hearing shall be
served through any of the following means:
Registered mail
Personal delivery
Leaving copy in possession of sufficient discretion in
residence.
Posting in city hall or municipal hall and two other
conspicuous places in the city or municipality at least 10 days
before the hearing (Sec. 32(b), RA 8189)

Any voter, candidate or political party affected may intervene.

(Sec. 32c, RA 8189)
Non-appearance is prima facie evidence the registered voter is
fictitious (Sec. 32 (f), RA 8189)
Decision cannot be rendered on stipulation of facts (Sec. 32 (f),
RA 8189)
No motion for reconsideration is allowed, (Sec. 33, RA 8189)
ANNULMENT OF LIST OF VOTERS
1. Upon verified complaint of any voter, election officer or
registered political party or motu propio, the COMELEC may
annul a list of votes which was not prepared in accordance with
RA 8189 or whose preparation was affected with fraud, bribery,
forgery, impersonation, intimidation, force or other similar
irregularity or statistically improbable.
2. No list of voters shall be annulled within 60 days before an
election (See. 33, RA 8189)
The annulment of the list of voters shall not constitute a ground
for a pre-proclamation controversy. (Ututalum vs. COMELEC,
181 SCRA 335)
When an assailed order had been issued pursuant to
COMELECs administrative powers in the absence of any
finding of grave abuse of discretion in declaring a precinct as
non existent, said order shall stand, judicial interference
being unnecessary and uncalled for The sacred right of
suffrage guaranteed by the Constitution is not tampered when
a list of fictitious voters is excluded from an electoral exercise.
(Sarangani vs. COMELEC, 334 SCRA 379)
ELECTION PRECINCT is the basic unit of territory established
by the COMELEC for the purpose of voting.
A POLLING PLACE refers to the building or place where the
board of election inspectors conduct proceedings and where
the voters cast their votes.
VOTING CENTER refers to the building or place where the
polling place is located.
List of voters refers to an enumeration of names of registered
voters in a precinct duly certified by the Election Registration
Board for use in the election.
Book of voters refers to the compilation of all registration
records in a precinct.
Signature of Chairman at back of every ballot
In every case before delivering an official ballot to the voter, the
Chairman of the BEI shall, in the presence of the voter, affix his
signature at the back thereof. Failure to so authenticate shall
be noted in the minutes of the BEI and shall constitute an
election offense punishable under Sections 263 and 264 of the
OEC.

An illiterate or physically disabled voter may be

assisted by a relative by:
1. affinity or consanguinity within the fourth degree or
2. any person of his confidence who belongs to the
same household or
3. any member of the Board of Election Inspectors.
(Section 196, BP881)

POSTPONEMENT OF ELECTIONS
An election may be postponed by the COMELEC either
motu proprio or upon a verified petition by any interested
party when there is violence, terrorism, loss or destruction
of election paraphernalia or records, force majeure, or
other analogous cause of such a nature that the holding of
a free, orderly and honest election becomes impossible in
any political subdivision. (Sec. 5, B.P. 881)

The COMELEC shall call for the holding of the

election on a date reasonably close to the date of the
election not held, suspended, or which resulted in a failure
to elect but not later than 30 days after the cessation of
the cause for such postponement or suspension of the
election or failure to elect. (Sec. 5, B.P. 881)
Failure of Elections
there are only 3 instances where a
failure of elections may be declared, namely:
a. The election in any polling place has not been held on
the date fixed on account of force majeure, violence,
terrorism, fraud, or other analogous causes;
b. The election in any polling place had been suspended
before the hour fixed by law for the closing of the voting on
account of force majeure, violence, terrorism, fraud, or
other analogous causes; and
c. After the voting and during the preparation and
transmission of the election returns or in the custody or
canvass thereof such election results in a failure to elect
on account of force majeure, violence, terrorism, fraud or
other analogous causes. (Joseph Peter Sison v.
COMELEC, G.R. No. 134096, March 3, 1999)

MEMBERS OF THE BOARD OF CANVASSER

1. COMELEC officer
2. Prosecutor
3. Highest Ranking DEPED personnel
4.
MEMBERS OF THE MUNICIPAL BOARD OF CANVASSER
1. COMELEC officer
2. Municipal treasurer
3. Highest Ranking DEPED personnel
CERTIFICATES OF CANDIDACY
No person shall be eligible for any elective public unless he
files a sworn certificate of candidacy within the period fixed by
the Omnibus Election Code.
Deadline
Certificate of candidacy must be filed not later than the day
before the date for the beginning of the campaign period. (Sec.
7, RA 7166)
A certificate filed beyond the deadline is not valid. (Gador vs.
COMELEC, 95 SCRA 431)
Prohibition against multiple candidacies
A person who files a certificate of candidacy for more than one
office should be eligible for any of them. (Sec 73, BP 881)

Before the deadline for filing certificates he may withdraw all

expect one, declaring under oath the office for which he
desires to be eligible and cancel the certificate of candidacy for
other office or offices. (Go vs. COMELEC, GR No. 147741,
May 10, 2001)
Forms
Oath

mark to identify the votes in favor of a candidate for another

office in the same election. (Miranda vs. Abaya, 311 SCRA
617)
Duty of COMELEC
Subject to its authority over nuisance candidates and its power
to deny due course or cancel a certificate of candidacy, the rule
is that the COMELEC shall have only the ministerial duty to
receive and acknowledge receipt of the certificates of
candidacy. (Sec. 78, BP 881)

The certificate must be sworn. (Sec. 73, BP 881)

Effect Filing
The election of a candidate cannot be annulled because of
formal defects in his certificate, such as held of oath (Guzman
vs. Board of Canvassers, 48 Phil 211)
Name
A candidate shall use his baptismal name or full name, the
name registered with the civil registrar or any other name
allowed by law.
He may include one nickname or stage name by which he is
generally known.
When two or more candidates for the same office have the
same name or surname, each shall state his paternal and
maternal surnames, except the incumbent (See. 71, BP 881)
Place and Period of Filling
For President, Vice President and Senators: main office of the
COMELEC in Manila, 5 copies, not later than 90 days before
date of election.
For Members of the House of Representatives:
Provincial legislative districts Provincial Election Supervisor
of the Province concerned
NCR legislative districts Regional COMELEC Directors
Legislative districts in cities outside NCR City Election
registrar concerned
For provincial offices Provincial Election Supervisor of the
province concerned.
City and Municipal offices City or Municipal Election
Registrar concerned.
The certificates of candidacy of Members of the House of
Representatives, Provincial, city or municipal officials shall be
filed in 5 copies not later than 45 days before the election.
The certificate of candidacy shall be filed by the candidate
personally or his duly authorized representative. No certificate
of candidacy shall be filed or accepted by mail, telegram or
facsimile.
The evident purpose of the law in requiring the filing of
certificate of candidacy and in fixing the time limit therefore are;
(1) to enable the voters to know, at least sixty days before the
regular election, the candidates among whom they are to make
the choice, and (2) to avoid confusion and inconvenience in the
tabulation of the votes to the duly registered candidates, there
might be as many persons voted for as there are voters, and
votes might be cast even for unknown or fictitious persons, as

An appointive public official is considered resigned upon filing

of his certificate. (Sec. 66, BP 881;Sanciangco vs. Rono, 137,
SCRA 671).This includes an employs of a GOCC organized
under the Corporation Code (Without original charter), since
the law makes no distinction. (PNOC EDC vs. NLRC, 222
SCRA 831)
Any elective official, whether national or local who has filed a
certificate of candidacy for the same or any other office shall
not be considered resigned from office. (sec. 26, COMELEC
Resolution No. 3636, Rules and Regulations Implementing RA
9006)
Withdrawal of Certificate of Candidacy
Form written declaration under oath. There was no
withdrawal of candidacy for the position of mayor where the
candidate, before the deadline for filing certificates of
candidacy, personally appeared in the COMELEC office, asked
for his certificate of candidacy and intercalated the word vice
before the word mayor and the following day wrote the election
registrar saying that his name be included in the list of official
candidates for mayor. (Vivero vs. COMELEC, L 81059, Jan
12, 1989)
Since his certificate of candidacy for the office of board
member was filed by his party, and the said party had
withdrawn the nomination which withdrawal was confirmed by
the candidate under oath, there was substantial compliance
with Sec. 73. His filing under oath within the statutory period of
his individual certificate for candidacy for the separate office of
mayor was, in effect, a rejection of the party nomination on his
behalf for the office of board member. (Ramirez vs.
COMELEC, L-81150, Jan 12, 1992)
Substitution of Candidacy Sec. 77 BP 881; Sec. 12, RA 9006
If after the last day for filing certificates, a candidate dies,
withdraws or is disqualified, he may be substituted by a person
belonging to his party not later than the mid day of election.
Said certificate may be filled with any board of election
inspectors in the political subdivision where he is an electorate
of the country, with the COMELEC. (Domingo vs. City Board of
Canvassers, GR No. 105365, June 2, 1992)
Even if the withdrawal was not under oath, the certificate of the
substitute cannot be annulled after the election. Such
technicality of the original candidates withdrawal of his
certificate of candidacy cannot be used to override the peoples
will in favor to the substitute candidate. The legal requirement
that the withdrawal be under oath will be held to be merely
directory and the candidates failure to observe the
requirement is considered a harmless error. Hence the bona
fide certificate of the substitute candidate cannot be assailed.

The votes in his favor should be counted. (Villanueva vs.

COMELEC, 140 SCRA 352)
In case of valid substitutions after the official ballot have been
printed, the votes cast for the substituted candidates shall be
considered as many votes but shall not invalidate the whole
ballot. For this purpose, the official ballots shall provide spaces
where the voters may write the name of substitute candidates if
they are voting for the latter. (See. 12, RA 9006)
There is nothing in the Constitution or statute which requires as
condition precedent that a substitute candidate must have
been a member of the party concerned for a certain period of
time before he can be nominated as such. (Sinaca vs. Mula,
315 SCRA 266)
A valid certificate of candidacy is likewise an indispensable
requisite in the case of a substitution of a disqualified
candidate under the provisions of Sec. 77 of the Election
Code . . . The concept of a substitute presupposes the
existence of the person to be substituted, for how can a person
take the place of somebody who does not exist or who never
was...
A disqualified candidate may only be substituted if he had a
valid certificate of candidacy in the first place because, if the
disqualified candidate did not have a valid and seasonably filed
certificate of candidacy, he is and was not a candidate at all. If
a person was not a candidate, he cannot be substituted under
Sec. 77 of the Code . . . .
While Sec. 78 of the Election Code enumerated the occasion
where a candidate may validly substitute there is no mention of
the case where a candidate is excluded not only by
disqualification but also by denial and cancellation of his
certificate of candidacy (Miranda vs. Abaya, 311 SCRA 617)
In case of valid substitutions after the official ballots have been
printed, the votes cast for the substituted candidates shall be
considered as stray votes but shall not invalidate the whole
ballot. Sec. 12, RA 9006. amending Sec. 12 of RA 8436)

Only a candidate with a political party can be validly

substituted.
Rules on Substitution:
1.
2.

Substitute must be of the same political party

Candidate to be substituted should have filed a valid
COC.

DISQUALIFICATION OF CANDIDATES:

1. declared as incompetent or insane by competent

authority;
2. convicted by final judgment for subversion,
insurrection, rebellion or any offense for which he has
been sentenced to a penalty of 18 months imprisonment;
3. convicted by final judgment for crime involving moral
turpitude;
4. any person who is permanent resident of or immigrant
to a foreign country; and
5. one who has violated provisions on:
a.
campaign period;

b.
removal, destruction of lawful election
propaganda;
c.
prohibited forms of propaganda;
d.
regulation of propaganda through mass
media; and
e.
election offenses.
- When a candidate has not yet been disqualified by final
judgment during the election day and was voted for, the votes
cast in his favor cannot be declared stray. To do so would
amount to disenfranchising the electorate in whom sovereignty
resides. (Codilla vs. Hon. Jose De Venecia, G.R. No. 150605,
December 10, 2002)
Nuisance Candidate

COMELEC may motu propio or upon petition of

interested party, refuse to give due course to or cancel
certificate of candidacy if shown that said certificate was filed:
1.

to put election process in mockery or disrepute;

2. to cause confusion among voters by similarity of

names of registered candidates;
3. by other circumstances or acts which demonstrate
that a candidate has no bona fide intention to run for office
for which certificate has been filed, and thus prevent a
faithful determination of true will of electorate.
CAMPAIGN
Election campaign or partisan political activity refers to an act
designed to promote the election or defeat of a particular
candidate or candidates for public office. (Sec. 79, BP 881)
a. If done for the purpose of enhancing the chances of
aspirants for nomination for candidacy to a public office by
a political party, etc, it shall not be considered as election
campaign or partisan political activity.
b. It shall be unlawful for any person or any party to
engage in election campaign or partisan political activity
except during the campaign period.
c. Members of the Civil Service to engage, directly or
indirectly, in any electioneering or partisan political
campaign.
Campaign period
1. President, Vice-President and Senators 90 days
before Election Day
2. Congressmen, provincial, city and municipal officials
45 days before Election Day.
FAIR ELECTIONS ACT OF 2001 (RA 9006)

Lawful election Propaganda (sec. 3):

1. Written/Printed Materials (does not exceed 8 in.
width by 14 in. length)

2. Handwritten/printed letters
3. Posters (not exceeding 2 x 3 ft.)
3 by 8 ft. allowed in announcing, at the site
and on the occasion of a public meeting or rally, may
be displayed 5 days before the date of rally but shall
be removed within 24 hours after said rally.

2. Other watchers

4. Print Ads

page in broadsheets and page in

tabloids thrice a week per newspaper, magazine or
other publication during the campaign period
4.

Broadcast Media (i.e. TV and Radio)

NATIONAL
LOCAL
POSITIONS
POSITIONS
1.

120 minutes
for TV

1.

60 minutes
for TV

2.

180 minutes
for Radio

2.

90 minutes
for Radio

Limitation on Expenses:

for candidates:

President and Vice President = P10/voter;

Other candidates, if with party = P3/voter;

Other candidates, if without party = P5/voter.

The accredited citizens arm is entitled to a watcher

in every precinct.
Other civic organizations may be authorized to
appoint one watcher in every precinct. (Section 180,
BP 881)
Important rights of watchers
1. All watchers
a. To stay inside the precinct
b. To inform themselves of the proceedings
c. To file a protest against any irregularity
d. To obtain a certificate of the number of votes
cast for each candidate (Section 179, BP881)
2. Citizens Arm
To be given a copy of the election return to be
used for the conduct of an unofficial count.
(Section 1, RA 8045)

for political parties = P5/voter

BOARD OF ELECTION INSPECTORS (BEI)

The Board of Election Inspectors shall be composed of a
chairman and two members, all of whom are public school
teachers.
If there are not enough public school teachers, teachers in
private schools, employees in the civil service, or other citizens
of known probity and competence may be appointed. (Section
13, RA 6646)
WATCHERS

CASTING OF VOTES
1. The chairman of the Board of Election Inspectors should
sign each ballot at the back. The omission of such signature
does not affect the validity of the ballot.(Libanan vs HRET,283
SCRA 520) Under the rules prevailing during the 1997
Barangay Elections, the failure to authenticate the ballots shall
no longer be cause for the invalidation thereof. (Malabaguio vs.
COMELEC,346 SCRA 699)
2. A voter who was challenged on the ground that he has been
paid for the vote or made a bet on the result of the election will
be allowed to vote if he takes an oath that he did not commit
the act alleged in the challenge. (Section 200,BP881)

Number
1. Official watchers

Every registered party or coalition of parties and every

candidate is entitled to one watcher per precinct and
canvassing counter.

Candidates for the local legislature belonging to the

same party are entitled collectively to one watcher.

3. An illiterate or physically disabled voter may be assisted by a

relative by affinity or consanguinity within the fourth degree or
any person of his confidence who belongs to the same
household or any member of the Board of Election Inspectors.
(Section 196, BP881)
4. It is unlawful to use carbon paper, paraffin paper or other
means for making a copy of the contents of the ballot or to use
any means to identify the ballot.(Sec. 195,BP881). A ballot
prepared under such circumstances should not be counted.
(Gutierrez vs. Aquino, Feb,26,1959)
COUNTING OF VOTES
MANNER

Six principal watchers from 6 accredited major

political parties shall be recognized. (Section 26,
7166)

1. The Board of Election Inspectors shall read the ballots

publicly and shall not postpone the count until it is
completed. (Section 206, BP 881)

2. The Board of Election Inspectors shall assume such

positions as to provide the watchers and the public
unimpeded view of the ballot being read. (Section 25, RA
7166)
3. If on account of violence or similar causes it becomes
necessary to transfer the counting of the votes to a safer
place, the BEI may effect the transfer by unanimous
approval of the board and concurrence of a majority of the
watchers present. (Section 18, RA6646)
4. Where a commotion resulted in suspension of the
counting, the BEI may recount the ballots. (Dayag vs.
Alonzo)
RULES FOR APPRECIATION OF BALLOTS
1. A ballot in which the first name or surname of a
candidate is written should be counted for him, if there is
no other candidate with the same name. (Lerias vs.
HRET,202 SCRA 808)
2. If only the first name of a candidate is written and it
sounds like the surname of another candidate, the vote
shall be counted in favor of the latter.
3. If there are two or more candidates with the same name
and one of them is incumbent, the vote shall be counted in
favor of the incumbent.
4. When two or more words are written on different lines
which are the surnames of two or more candidates with
the same surname of an office for which the law
authorizes the election of more than one, the vote shall be
counted in favor of all the candidates. With the same
surname.
5. When the word written is the first name of one
candidate and the surname of another candidate, the vote
shall be counted for the latter.
6. If the ballot contains the first name of one candidate and
the surname of another, the vote shall not be counted for
either.
7. An incorrectly written name which sounds like the
correctly written name of a candidate shall be counted in
his favor(Bautista vs Castro,206 SCRA 606)
8. If the word written is the incidental name of two or more
candidates for the same office none of whom is
incumbent, the vote shall be counted in favor of the
candidate who belongs to the same ticket as all other
candidates voted for in the ballot for the same
constituency.
9. The erroneous initial of the first name accompanied by
the correct surname of a candidate or the erroneous initial
of the same accompanied by the correct first name of a
candidate shall not annul the vote in his favor.
10. A ballot in which the correct first name but wrong
surname of a candidate is written or the correct surname
but wrong first name of a candidate is written ,shall not be
counted in his favor.
11. Where a candidate named Pedro Alfonso died on the
eve of the election and his daughter Irma Alfonso
substituted him, ballots in which the name Pedro alfonso

was written cannot be counted in her favor. (Afonso vs.

COMELEC,232 SCRA 777)
12. If two or more candidates were voted for in an office
for which the law authorizes the election for only one, the
vote shall not be counted in favor of any of them.
13. If the candidate voted for exceed the number of those
to be elected, the votes for the candidates whose names
were firstly written equal to the number of candidates to be
elected shall be counted.
14. Even if the name of a candidate was written on the
wrong space, it should be counted if the intention to vote
for him can be determined, as when there is a complete
list of names of other offices written below his name or the
voter wrote the office for which he was electing the
candidate. (Cordero vs.Moscardon,132 SCRA 414)

LAGUMBAY DOCTRINE- it is a statistical

improbability for a group of candidate to get all the
votes and for the other group of candidate to get a
zero.

PRE-PROCLAMATION CONTROVERSY
For manual election:

Any question pertaining to or affecting proceedings of

Board of Canvassers which may be raised by any
candidate or by a registered political party or coalition of
political parties before the board or directly with
COMELEC or any matter raised under Sections 233, 234,
235, and 236, in relation to preparation, transmission,
receipt, custody and appreciation of election returns.
Issues which may be raised in a Pre-Proclamation
Controversy:
1.
Illegal composition or proceedings of the
board of Canvassers;
2.
Canvassed election returns are incomplete,
contain material defects, appears to be tampered with
or falsified; or contain discrepancies in the same
returns or in other authentic copies thereof as
mentioned in Sec. 233,234,235 and 236 of BP 881;
3.
Election returns were prepared under
duress, threat, coercion, or intimidation, or they are
obviously manufactured or not authentic; and
4.
When substitute of fraudulent returns in
controverted polling places were canvassed, the
results of which materially affected the standing of the
aggrieved candidate/s.
Applicable to positions governors and those below.
For automated election:
Ground: illegal composition and proceeding of the board of
canvassers.
ELECTION CONTESTS
JURISDICTION
1) Supreme Court (Presidential Electoral Tribunal)
President
Vice-President ( Sec. 4, Art VII, Phil. Const)
2) Senate Electoral tribunal

 Senators (Sec 17, Art VI, PC)

(c) Wagering upon result of election

3) House of Representatives Electoral Tribunal

(d) Coercion of subordinates

Congressmen ( Sec 17, Art VI, PC; Sampayan vs. Daza, 213
SCRA 807)

(e) Threats, intimidation, terrorism, use of fraudulent device or

other forms of coercion

4) Commission on Elections
Regional Officials
Provincial Officials
City Officials ( Sec 2(2). Art IX-C, PC; Sec 249 BP 881)
5) Regional Trial Court
Municipal Officials ( Sec 2(2), Art IX-C, PC; Sec 251, BP 881,
Papandayan vs. COMELEC , 230 SCRA 469)
6) Metropolitan Trial Court, Municipal Circuit Trial Court, and
Municipal Trial Court
Barangay Officials [ Sec 2(2), Art IX-C, PC; Sec 252 BP 881;
Regatcho vs. Cleto, 126 SCRA 342]
Sangguniang Kabataan ( Sec 1, RA 7166)

(f) Coercion of election officials and employees

(g) Appointment of new employees, creation of new position,
promotion, or giving salary increases. - During the period of
forty-five days before a regular election and thirty days before
a special election
(h) Transfer of officers and employees in the civil service. - Any
public official who makes or causes any transfer or detail
whatever of any officer or employee in the civil service
including public school teachers, within the election period
except upon prior approval of the Commission.
(i) Intervention of public officers and employees

ACTION WHICH MAY BE FILED

(j) Undue influence.

I. ELECTION PROTEST
Requisites:
i. Must be filed by any candidate who has filed a certificate
of candidacy and has been voted upon for the same office.
ii. On ground of fraud, terrorism, irregularities or illegal
acts committed before, during or after the casting and
counting of votes
iii. Within 10 days from the proclamation of the results of
the election.
II. QUO WARRANTO
Requisites:
i. Filed by any registered voter in the constituency
ii. On grounds of ineligibility or disloyalty to the Republic of
the Philippines
iii. Within 10 days from the proclamation of the results of
the election
QUO WARRANTO
IN ELECTIVE
OFFICE
1.
determination is 1.
eligibility of
candidate-elect
2.
when person
2.
elected is
declared ineligible,
court cannot
declare 2nd placer
as elected, even if
eligible

QUO WARRANTO
IN APPOINTIVE
OFFICE
determination is
legality of
appointment
court
may
determine as to
who among the
parties has legal
title to office

ELECTION OFFENSES
(READ SEC. 261, BP 881, THIS ENUMERATION IS NOT
COMREHESIVE I JUST COPIED THE HEADINGS)

(a) Vote-buying and vote-selling

(b) Conspiracy to bribe voters

(k) Unlawful electioneering

(l) Prohibition against dismissal of employees, laborers, or
tenants.
(m) Appointment or use of special policemen, special agents,
confidential agents or the like.
(n) Illegal release of prisoners before and after election.
(o) Use of public funds, money deposited in trust, equipment,
facilities owned or controlled by the government for an election
campaign.
(p) Deadly weapons. - Any person who carries any deadly
weapon in the polling place and within a radius of one hundred
meters thereof during the days and hours fixed by law for the
registration of voters in the polling place, voting, counting of
votes, or preparation of the election returns.
(q) Carrying firearms outside residence or place of business.
(s) Wearing of uniforms and bearing arms.
(t) Policemen and provincial guards acting as bodyguards or
security guards.
(u) Organization or maintenance of reaction forces, strike
forces, or other similar forces. - Any person who organizes or
maintains a reaction force, strike force or similar force during
the election period.
(v) Prohibition against release, disbursement or expenditure of
public funds.
(w) Prohibition against construction of public works, delivery of
materials for public works and issuance of treasury warrants
and similar devices.
(x) Suspension of elective provincial, city, municipal or
barangay officer.

(y) On Registration of Voters:

(1) Any person who, having all the qualifications and none
of the disqualifications of a voter, fails without justifiable
excuse to register as a voter in an election, plebiscite or
referendum in which he is qualified to vote.
(2) Any person who knowingly makes any false or
untruthful statement relative to any of the data or
information required in the application for registration.
(3) Any person who deliberately imprints or causes the
imprinting of blurred or indistinct fingerprints on any of the
copies of the application for registration or on the voter's
affidavit; or any person in charge of the registration of
voters who deliberately or through negligence, causes or
allows the imprinting of blurred or indistinct fingerprints on
any of the aforementioned registration forms, or any
person who tampers with the fingerprints in said
registration records.
(4) 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.
(5) Any person who, being a registered voter, registers
anew without filing an application for cancellation of his
previous registration.
(6) Any person who registers in substitution for another
whether with or without the latter's knowledge or consent.

(13) Any person who asks, demands, takes, accepts or

possesses, directly or indirectly, the voter's affidavit of
another, in order to induce the latter to withhold his vote,
or to vote for or against any candidate in an election or
any issue in a plebiscite or referendum. It shall be
presumed prima facie that the asking, demanding, taking,
accepting, or possessing is with such intent if done within
the period beginning ten days before election day and
ending ten days after election day, unless the voter's
affidavit of another and the latter are both members of the
same family.
(14) Any person who delivers, hands over, entrusts, gives,
directly or indirectly his voter's affidavit to another in
consideration of money or other benefit or promises
thereof, or takes or accepts such voter's 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.
(15) Any person who alters in any manner, tears, defaces,
removes or destroys any certified list of voters.
(16) Any person who takes, carries or possesses any
blank or unused registration form already issued to a city
or municipality outside of said city or municipality except
as otherwise provided in this Code or when directed by
express order of the court or of the Commission.
(17) Any person who maliciously omits, tampers or
transfers to another list the name of a registered voter
from the official list of voters posted outside the polling
place.
(z) On voting:

(7) Any person who tampers with or changes without

authority any data or entry in any voter's application for
registration.
(8) Any person who delays, hinders or obstruct another
from registering.
(9) Any person who falsely certifies or identifies another as
a bona fide resident of a particular place or locality for the
purpose of securing the latter's registration as a voter.
(10) Any person who uses the voter's affidavit of another
for the purpose of voting, whether or not he actually
succeeds in voting.
(11) Any person who places, inserts or otherwise includes,
as approved application for registration in the book of
voters or in the provincial or national central files of
registered voters, the application of any fictitious voter or
any application that has not been approved; or removes
from, or otherwise takes out of the book of voters or the
provincial or national central files of registered voters any
duly approved voter's application, except upon lawful order
of the Commission, or of a competent court or after proper
cancellation as provided in Sections 122, 123, 124 and
125 hereof.
(12) Any person who transfers or causes the transfer of
the registration record of a voter to the book of voters of
another polling place, unless said transfer was due to a
change of address of the voter and the voter was duly
notified of his new polling place.

(1) Any person who fails to cast his vote without justifiable
excuse.
(2) Any person who votes more than once in the same
election, or who, not being a registered voter, votes in an
election.
(3) Any person who votes in substitution for another
whether with or without the latter's knowledge and/or
consent.
(4) Any person who, not being illiterate or physically
disabled, allows his ballot to be prepared by another, or
any person who prepares the ballot of another who is not
illiterate or physically disabled, with or without the latter's
knowledge and/or consent.
(5) Any person who avails himself of any means of
scheme to discover the contents of the ballot of a voter
who is preparing or casting his vote or who has just voted.
(6) 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.
(7) Any person who places under arrest or detains a voter
without lawful cause, or molests him in such a manner as
to obstruct or prevent him from going to the polling place
to cast his vote or from returning home after casting his
vote, or to compel him to reveal how he voted.

(8) Any member of the board of election inspectors

charged with the duty of reading the ballot during the
counting of votes who deliberately omits to read the vote
duly written on the ballot, or misreads the vote actually
written thereon or reads the name of a candidate where no
name is written on the ballot.
(9) Any member of the board of election inspectors
charged with the duty of tallying
the votes in the tally board or sheet, election returns or
other prescribed form who deliberately fails to record a
vote therein or records erroneously the votes as read, or
records a vote where no such vote has been read by the
chairman.
(10) Any member of a board of election inspectors who
has made possible the casting of more votes than there
are registered voters.
(11) Any person who, for the purpose of disrupting or
obstructing the election process or causing confusion
among the voters, propagates false and alarming reports
or information or transmits or circulates false orders,
directives or messages regarding any matter relating to
the printing of official ballots, the postponement of the
election, the transfer of polling place or the general
conduct of the election.
(12) Any person who, without legal authority, destroys,
substitutes or takes away from the possession of those
having legal custody thereof, or from the place where they
are legally deposited, any election form or document or
ballot box which contains official ballots or other
documents used in the election.
(13) Any person 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 Commission or
who, through his negligence, enables any person to
commit any of the aforementioned acts, or takes away
said ballot box from his custody.
(14) Any member of the board of election inspectors who
knowingly uses ballots other than the official ballots,
except in those cases where the use of emergency ballots
is authorized.
(15) Any public official who neglects or fails to properly
preserve or account for any ballot box, documents and
forms received by him and kept under his custody.
(16) Any person who reveals the contents of the ballot of
an illiterate or disabled voter whom he assisted in
preparing a ballot.
(17) Any person who, without authority, transfers the
location of a polling place.

type-form mould, electro-type 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.
(20) Any official or employee of any printing establishment
or of the Commission or any member of the committee in
charge of the printing of official ballots or election returns
who causes official ballots or election returns to be printed
in 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.
(21) Any person who, through any act, means or device,
violates the integrity of any official ballot or election returns
before or after they are used in the election.
(22) Any person who removes, tears, defaces or destroys
any certified list of candidates posted inside the voting
booths during the hours of voting.
(23) Any person who 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.
(24) Any person who deliberately blurs his fingerprint in
the voting record.
(aa) On Canvassing:
(1) 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.
(2) Any member of the board of canvassers who proceeds
with the canvass of the votes and/or proclamation of any
candidate which was suspended or annulled by the
Commission.
(3) Any member of the board of canvassers who 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 to the candidates, political parties, and/or other
members of the board.
(4) Any member of the board of canvassers who, without
authority of the Commission, uses in the canvass of votes
and/or proclamation of any candidate any document other
than the official copy of the election returns.
(bb) Common to all boards of election inspectors and boards of
canvassers:

(18) Any person who, without authority, prints or causes

the printing of any ballot or election returns that appears
as official ballots or election returns or who distributes or
causes the same to be distributed for use in the election,
whether or not they are actually used.

(1) Any member of any board of election inspectors or

board of canvassers who deliberately absents himself
from the meetings of said body for the purpose of
obstructing or delaying the performance of its duties or
functions.

(19) Any person who, without authority, keeps, uses or

carries out or causes to be kept, used or carried out, any
official ballot or election returns or printed proof thereof,

(2) Any member of any board of election inspectors or

board of canvassers who, without justifiable reason,
refuses to sign and certify any election form required by

this Code or prescribed by the Commission although he

was present during the meeting of the said body.
(3) Any person who, being ineligible for appointment as
member of any board of election inspectors or board of
canvassers, accepts an appointment to said body,
assumes office, and actually serves as a member thereof,
or any of public officer or any person acting in his behalf
who appoints such ineligible person knowing him to be
ineligible.

candidate or any political party within the polling place or

within a radius of thirty meters thereof.
(dd) Other prohibitions:

(4) Any person who, in the presence or within the hearing

of any board of election inspectors or board of canvassers
during any of its meetings, conducts himself in such a
disorderly manner as to interrupt or disrupt the work or
proceedings to the end of preventing said body from
performing its functions, either partly or totally.

(1) Any person who sells, furnishes, offers, buys, serves or

takes intoxicating liquor on the days fixed by law for the
registration of voters in the polling place, or on the day
before the election or on election day: Provided, That
hotels and other establishments duly certified by the
Ministry 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
Commission: Provided, further, That foreign tourists taking
intoxicating liquor in said authorized hotels or
establishments are exempted from the provisions of this
subparagraph.

(5) Any public official or person acting in his behalf who

relieves any member of any board of election inspectors or
board of canvassers or who changes or causes the
change of the assignments of any member of said board
of election inspectors or board of canvassers without
authority of the Commission.

(2) Any person who opens in any polling place or within a

radius of thirty meters thereof on election day and during
the counting of votes, booths or stalls of any kind for the
sale, dispensing or display of wares, merchandise or
refreshments, whether solid or liquid, or for any other
purposes.

(cc) On candidacy and campaign:

(1) Any political party which holds political conventions or
meetings to nominate its official candidates earlier that the
period fixed in this Code.

(3) Any person who holds on election day, fairs, cockfights,

boxing, horse races, jai-alai or any other similar sports.

(3) Any person who misleads the board of election

inspectors by submitting any false or spurious certificate of
candidacy or document to the prejudice of a candidate.

(4) Refusal to carry election mail matter. - Any operator or

employee of a public utility or transportation company
operating under a certificate of public convenience,
including government-owned or controlled 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
herein, such refusal shall constitute a ground for
cancellation or revocation of certificate of public
convenience or franchise.

(4) Any person who, 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.

(5) Prohibition against discrimination in the sale of air time.

- 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 herein, such refusal shall constitute a ground
for cancellation or revocation of the franchise.

(2) Any person who abstracts, destroys or cancels any

certificate of candidacy duly filed and which has not been
cancelled upon order of the Commission.

(5) Any person who, by any device or means, jams,

obstructs or interferes with a radio or television broadcast
of any lawful political program.
(6) Any person who solicits votes or undertakes any
propaganda, on the day of election, for or against any