Final Election Law Transcript

Election Law Midterm Reviewer
Atty. Agra
2A
TRANSCRIPT
AUSTRIA | BAÑADERA | CHENG | COLOQUIO | DIPLOMA | FAJARDO, K. | LIM | TAN | VILLARIN, L. | VILLARIN, P.
Contents
Statement 1. President appoints you to be an acting COMELEC Commissioner ............................................ 9
Statement 2. Comelec Chairperson transfer a department head to another department and filed a comment
with the Supreme Court without the consent of the Comelec En Banc .................................................................. 9
Statement 3. COMELEC shuffles election officers and appoints non-lawyers as provincial election
supervisors 9
Statement 4. Comelec ruled you are not a resident of your locality, therefore you cannot vote. ..................10
Statement 5. Can COMELEC says in a resolution that decisions in the MTC regarding inclusions and
exclusion are subject to the appellate jurisdiction of COMELEC? Can COMELEC file own its own inclusion and
exclusion? 10
Statement 6. COMELEC would not allow those without biometrics to vote....................................................10
Statement 7. Under the COMELEC rules on procedure, an aggrieved party can file a MR with the COMELEC
en banc within 5 days. The candidates questions that 5 days for being short. It should be 10-15 days like under
the RoC. 10
Statement 8. Comelec issues a resolution stating that all cases must be filed with any of the 2 divisions at
the first instance. ......................................................................................................................................................11
Statement 9. COMELEC used its savings to fund a recall election as its funds for a recall election is not
enough? 11
Statement 10. COMLEC en banc declares that its resolution is not subject to judicial review. Its factual finds
are final and not reviewable .....................................................................................................................................11
Statement 11. RTC takes cognizance of an election CONTEST case for city and municipal mayor .............11
Statement 12. RTC takes cognizance over a plebiscite protest case and someone was questioning the
outcome of a referendum. RTC judge claims COMELEC’s jurisdiction is only over persons not policies. .........12
Statement 13. Presidential candidate questions the jurisdiction of Comelec to hear a disqualification case
over him; He argues the PET has jurisdiction .........................................................................................................12
Issue: Who has jurisdiction? ......................................................................................................................................12
Statement 14. COMELEC continues to hear a disqualification case against district rep after proclamation
12
Statement 15. COMELEC Division in hearing postponement of election cites a person/petitioner in
contempt, issues a subpoena and search warrant .................................................................................................13
Statement 16. President pardons Former President Erap without favorable recommendation of the
COMELEC 13
Statement 17. COMELEC denies the registration of INC as a political party? ................................................13
Statement 18. COMELEC did not receive the COC of Mayor Duterte. .............................................................13
Statement 19. COMELEC provides for a paperless voting and consolidation of result .................................14
Statement 20. What should you expect to receive from COMELEC April this year (30 days) ........................14
Statement 21. President withholds approval of COMELEC’s deputation of the Armed Forces of the
Philippines for election .............................................................................................................................................14
Statement 22. Congress mandate a two party system ....................................................................................14
SESSION NO.2: ELECTORATE AND REGISTRATION .................................................................................................14
Statement 1. RTC convicting a person based on a PD penalizing failure to vote and to register. .................14
Statement 2. Congress can alter the list of qualifications of voters. ...............................................................15
Statement 3. COMELEC can ban a person from voting and from vying for elective office if she does not
possess the qualifications of a voter .......................................................................................................................15
Statement 4. COMELEC in a resolution declared that illegal settlers are not eligible to be voters in that
locality 15
TRANSCRIPT Atty. Alberto Agra
Election Law
Statement 5. ERB, how many members? ERB denies application filed on October 1, 2015 on the ground that
the applicant is not of age. .......................................................................................................................................16
Statement 6. Right to vote vs. Right to register................................................................................................16
Statement 7. Imelda Marcos was born in Tacloban and married domiciliary of Ilocos Norte and resided in
Manila for 20 years. Tacloban ERB denied her registration for application. ..........................................................16
Statement 8. Voter questions before the SC the ground of disqualification of sentence of final judgment of
imprisonment of a least 1 year since it amounts to a substantial requirement. ....................................................16
Statement 9. COMELEC requires a voter born here and naturalized in the US to renounce his foreign
citizenship in order to vote for the national elections. ............................................................................................17
Statement 10. US green card holder Filipinos and permanent resident in the US are not allowed to vote. ..17
Statement 11. Dual citizens who has not established actual residency in the Philippines cannot vote in the
Philippine election. ...................................................................................................................................................17
Statement 12. List of voters and Book of Voters are one and the same thing................................................17
Statement 13. Aside from the No Bio, No Boto, the COMELEC also adopted the no VIC, no boto. ..............17
Statement 14. COMELEC defines registration as the filing of an application form before any COMELEC
division and allows motu propio registration. .........................................................................................................17
Statement 15. Would you rather that your boyfriend is in the cancelled list or deactivation list. What are the
grounds for disqualification? ...................................................................................................................................18
Statement 16. Seafarers/OFWs can vote for local positions. ..........................................................................18
Statement 17. COMELEC issues a resolution that the list is permanent and not subject to change. ...........18
Statement 18. Petition for inclusion filed on the ground of failure to apply for registration..........................19
Statement 19. MTC judge renders a decision on an exclusion case on the ground of lack of residency based
on non-appearance of the respondent.....................................................................................................................19
Statement 20. Petition for exclusion was filed on the RTC on the ground the application for registration was
denied. 19
Statement 21. The SC is the 3rd level of review of inclusion cases. ...............................................................19
Statement 22. Presidential candidate questions the constitutionality of the statutory power given to the
COMELEC to annul the book of voters since this amounts to ruling over once right of suffrage. .......................20
SESSION 3: ELECTIVE OFFICIALS AND PARTY-LIST SYSTEM .................................................................................20
Statement 1. The Representatives of the House of Representatives are local officials. ................................20
Statement 2. On May 9 2016 all elective positions will be filled up. ................................................................20
Statement 3. All elective positions and their qualifications are delineated in the 1987 Constitution ............21
Statement 4. Grace Poe is? Qualified / Disqualified (choose) ........................................................................21
Statement 5. Congress can require that a voter and a candidate for all elective offices must be literate. ....21
Statement 6. All candidates must be natural born citizens and must be above 23 years of age on Election
Day. 22
Statement 7. Congress provides that a provincial governor must be a college graduate, the governor shall
be appointed by the president and serve for a 4 year term. ...................................................................................22
Statement 8. The Comprehensive Dangerous Drugs Act states that all candidates for office, whether
appointive or elective, shall undergo a mandatory drug test. ................................................................................22
Statement 9. For the elections of the Pres or VP, the winner must obtain a majority of the votes. If not, there
will be a run-off elections between the top 2. ..........................................................................................................23
Statement 10. Senators can be elected using electoral colleges, like the system in the US. ........................23
Statement 11. A vote for the Chief Executive at the national and local levels is a vote for vice chief executive.
23
Statement 12. A person who became a district rep in 2009 in a special election due to the death of the former
representative, that person also won for district rep in 2010 and in 2013. He/she can run in the 2016 elections
23
Statement 13. Congress can provide for a Party-list system [proportional representation] in electing city
councilors 23
Statement 14. There are 55 Party-list seats in 2016. What is the formula for the Party-list seats? ...............23
Austria ♠ Bañadera ♠ Cheng ♠ Coloquio ♠ Diploma ♠ Fajardo, R. ♠ Lim, J. ♠ Tan ♠ Villarin, L. ♠ Villarin, P. | 2
Election Law
Statement 15. All parties should represent a local or national constituency and should represent one of the
12 groups enumerated in the law .............................................................................................................................24
Statement 16. You can represent the differently abled sector. .......................................................................24
Statement 17. A Party-list organization registered in 2009, but did not participate in the 2010 elections and
failed to get 2% in the 2013 elections. Can it participate in 2016?.........................................................................24
Statement 18. A Party-list organization which obtained 10% of the second vote shall be entitled to 5 seats.
24
Statement 19. Does the 3 term limit for district reps apply to nominees? ......................................................24
SESSION 4 & 5: CANDIDATES AND DISQUALIFICATIONS .........................................................................................25
Statement 1. Suffrage and Seeking Political Office is/are Constitutional Rights?..........................................25
Statement 2. I can run for President, Governor, and party-list representative ...............................................25
Statement 3. Mayor Rodrigo Duterte and Representative Abigail Binay are still the mayor of Makati and
Representative of Davao respectively. ....................................................................................................................25
Statement 4. DOTC Secretary Jun Abaya can still run for governor of Cavite in the May 2016 elections? ...25
Statement 5. If you have a husband (you are married) how it will be indicated in the CoC? (Assuming we use
Clavano as surname with your name: Micah Regalado) .........................................................................................26
Statement 6. There are no candidates today (February 11, 2016)....................................................................26
Statement 7. The enumeration of entries in the CoC under Omnibus Election Code and COMELEC
Resolution 994; are all of them material? ................................................................................................................26
Statement 8. Immediately after the filing of the CoC, those who filed can ask voters to vote for them. .......27
Statement 9. A Petition to disqualify a candidate is the caption you use in all cases?..................................27
Statement 10. A Petition to Deny Due Course or Cancel the CoC is the proper pleading for Grace Poe and
Mayor Martin Dino (Regional candidate for Duterte) ...............................................................................................27
Statement 11. A Petition to Disqualify a Candidate is the proper remedy for a candidate whose conviction
for libel has become final .........................................................................................................................................28
Statement 12. In a Petition to Disqualify a Candidate on the ground of commission of an election offense,
the COMELEC division can determine probable cause? ........................................................................................28
Statement 13. A district representative who became a permanent resident of US on February 2, 2014. Can
he validly run for the forthcoming elections? .........................................................................................................29
Statement 14. The use of a foreign passport does not necessarily amount to repudiation or recantation of
the Oath of Renunciation..........................................................................................................................................29
Statement 15. A candidate who has been pardoned can vie for elective office even if the dispositive portion
of the Presidential pardon states: “That the one pardoned is hereby restores his civil and political rights except
his right to run for elective office.” ..........................................................................................................................29
Statement 16. The incumbent Governor of Laguna can run for Mayor of Paranaque in the May 2016
elections? Assuming also that he can prove he is a resident of Paranaque. ........................................................29
Statement 17. Vote buying and appointment of public officials committed during the prohibited period are
grounds to disqualify a candidate to COMELEC division at the first instance? ....................................................29
Statement 18. A petition to declare a candidate a nuisance candidate can be filed today on the ground that
he has no resources and has poor health ...............................................................................................................30
Statement 19. A petition to disqualify a candidate can still be filed at May 10, 2016? ...................................30
Statement 20. A Common law wife who is not a lawyer who uses the surname of common law husband at
the CoC and represents that she is a lawyer her CoC should be cancelled ..........................................................30
Statement 21. A candidate for district representative that indicates that she is a resident of Tacloban city for
7 months prior to Election Day, can be allowed to run for said position. ..............................................................30
Statement 22. The proclamation of the candidate renders moot all pending petition to disqualify the
candidate. 31
Statement 23. Proclamation amounts to condonation of offenses committed administratively and criminally.
31
Statement 24. You can file any of the four (4) petitions ...................................................................................31
Statement 25. Certificate of Candidacy can still be filed today even on May 9, 2016 .....................................31
Election Law
Statement 26. Presidential Candidate Seneres passed 2 days ago can he be substituted by anyone..........31
Statement 27. Vice President Binay, DILG Sec. Mar Roxas, and Senator Grace Poe can be substituted by
their running mates for Vice President. ...................................................................................................................32
Statement 28. Mayor Duterte can substitute for Mayor candidate Martin Dino, who is under the same party.
32
Statement 29. A candidate subject of petition to disqualify cannot be substituted. Remember there are two
grounds of petition to disqualify (Grounds: Qualification and Election Offense) .................................................32
Statement 30. A Mayoralty candidate who withdraws his CoC can substitute for a Presidential candidate
because? And said Mayoralty candidate can be substituted by his daughter. .....................................................32
Statement 31. A candidate nominated two (2) registered political parties can be substituted. Assuming that
the candidate has two (2) CONAs (for political party) then. ....................................................................................33
Statement 32. Vice mayor becomes the mayor, when the latter was disqualified after proclamation on the
ground that he committed an election offense and he was not a resident of the locality. ....................................33
Statement 33. The House Speaker can refuse to enter the name of 2nd placer when the incumbent is
declared ineligible.....................................................................................................................................................33
SESSION 6: CAMPAIGN AND ELECTION PROPAGANDA ...........................................................................................33
Statement 1. Mayor Olivares of Paranaque cannot campaign at the start of the campaign period and a day
before the campaign period. ....................................................................................................................................33
Statement 2. Photo. ...........................................................................................................................................35
Statement 3. Photo. ...........................................................................................................................................35
Statement 4. Photo. ...........................................................................................................................................36
Statement 5. As counsel of Duterte, defend this against a petition to disqualify. ..........................................37
Statement 6. A 3x8 campaign poster is displayed outside your house along the perimeter of your fence and
public utility buses. ..................................................................................................................................................37
Statement 7. Non-removal of said 3x8 campaign poster outside your house can be the basis of a petition to
deny due course or cancel the COC of a candidate. ...............................................................................................37
Statement 8. A 5x10ft tarpaulin displayed 10 days before a lightning rally. ...................................................38
Statement 9. Volunteers gave free but unreceipted food and drinks during the rally. ...................................38
Statement 10. A reelectionist mayor can give out basketballs with his name this summer. .........................38
Statement 11.   Photo. ......................................................................................................................................39
Statement 12.   Photo outside the headquarters. ............................................................................................39
Statement 13.   TV Ad of Binay.........................................................................................................................40
Statement 14.   Photo. ......................................................................................................................................40
Statement 15.   Last February 9, a full-page advertisement was published in Philippine Star decrying Martial
Law, and showing a picture of Sen. Bongbong and his parents. ...........................................................................41
Statement 16.   Movie poster. ...........................................................................................................................41
Statement 17.    Sample ballots can be distributed on election day. .............................................................41
Statement 18.    Presidents of Jollibee and Aboitiz Power donated to a gubernatorial candidate. ..............41
Statement 19.    You will advise Manny Pacquiao not to push through with his boxing fight against Bradley
on April 9. 41
Statement 20. Commissioner Assuming there are 57 million voters nationwide, and in Pulilan Bulacan, there
are 50k voters. The presidential and mayoralty can spend a max of 285M and 185K respectively. .....................42
Statement 21. Said mayoralty candidate has no defense if she spent PhP 300k or claims that the P50K is
donated by friends or the political party. .................................................................................................................42
Statement 22. The President of the Republic, an incumbent governor, Filipino citizen naturalized in the US,
public school teacher, DPWH Bureau Chief, Secretary, CAN campaign for Mar Roxas........................................42
Statement 23. Failure to file the statement of contributions and expenditures will result in imprisonment and
non-assumption into office. .....................................................................................................................................42
SESSION 7: POSTPONEMENT AND FAILURE OF ELECTIONS, PARTY-LIST, POLL WATCHERS ............................42
Election Law
Statement 1. The COMELEC chairman can reschedule the elections in certain areas if there is no power
supply and due to the late arrival of ballots and counting machines.....................................................................42
Statement 2. The COMELEC Gunshots were fired and violence can be the basis for postpone ten or failure
of elections. 43
Statement 3. The A Petition to declare Failure of elections for all elective positions was filed by a mayoralty
candidate on the ground that she got 0 votes in 2 precincts..................................................................................43
Statement 4. The transfer of the venue of the transmission of the results from the VCM was ordered by the
Chair of the Board of Election Inspectors can be the basis for the postponement of elections. .........................43
Statement 5. There were 50 flying voters who were allowed to vote. This was raised during the canvassing
by you as a paralegal. The lead of the other candidate is just 25 votes. Is there a cause of action? ...................44
Statement 6. COMELEC En Banc can motu proprio declare a failure of election and cause the holding of
special elections on the 60th day. ............................................................................................................................44
Statement 7. A political organization registered with the SEC can field a poll watcher. ................................44
Statement 8. The matter of the expulsion of a party member is cognizable by the COMELEC En Banc and
not a COMELEC division. .........................................................................................................................................44
Statement 9. The determination of two factions or wings of one party is within the jurisdiction of the
COMELEC en Banc. ..................................................................................................................................................44
Statement 10. There are favored political parties in the Philippines (which have more rights and privileges
than others) and therefore violative of the equal protection clause. ......................................................................45
Statement 11. COMELEC has wide discretion and can motu proprio determine which party is the dominant
party. 45
Statement 12. Grace Poe can be entitled to deploy poll watchers and they can demand copies of the election
returns. 45
Statement 13. You can be a watcher in somewhere where you’re not registered. .........................................46
Statement 14. You are a poll watcher. The chairperson of the BEI can authorize you to distribute the ballots
and can also reject any challenge you can make. ...................................................................................................46
Statement 15. Watchers have a say if the venue for the counting will be transferred due to actual violence.
46
SESSION 8: AUTOMATED ELECTION LAW .................................................................................................................46
Statement 1. Can the oversight committee declare void the actions of the COMELEC .................................46
Statement 2. Comelec may dispense of paper ballots and (2) can automate from voting to proclamation ..47
Statement 3. You can be a member of the BEI or (2) Board of Canvassers having (3) services for free .......47
Statement 4. The BEI can (1) campaign and (2) not allow illegal voters or (3) those who are challenge on the
basis of illegal acts (vote-buying, vote-selling, inducing) to vote ..........................................................................47
Statement 5. (1) BEI can cause the arrest of a voter who enters the polling place and (2) at 12nn the BEI chair
that you and 20 other voters have not yet voted. ....................................................................................................48
Statement 6. When you enter the polling place what to you do? ....................................................................48
Statement 7. As poll watcher what will you do if you see a (1) police officer, (2) a mayor and (3) a candidate
inside the polling place ............................................................................................................................................48
Statement 8. The provisions in the (1) marked ballots, (2) stray ballots, (3) spoiled ballots; (4) excess ballots
and (5) rules of appreciation have become irrelevant by the automated election. ................................................48
Statement 9. Comelec refuses to issue voting receipts (already over-turned by the SC ruling) ...................49
Statement 10. Comelec may purchase from smartmatic, a foreign corporation, the VCM and allow our
elections to be supervised by the corporation ........................................................................................................49
Statement 11. The Source Code, VCM, CCS, EMS refer to the same thing .....................................................49
Statement 12. Comelec denies the request of Grace Poe for her representatives to check the (1) source code
and (2) ballot printing ...............................................................................................................................................49
Statement 13. Only the National Printing Office may be allowed to print ballots and a (2) clustered precinct
allotted 700 ballots....................................................................................................................................................49
Statement 14. A counting center, polling center and a precinct are all the same thing .................................50
Election Law
Statement 15. Comelec arranges the (1) names of candidates and (2) political parties in the ballots based on
lottery 50
Statement 16. Comelec denies substitution of Señeres since they do not have the same surname. ..........50
Statement 17. The (1) ballots, (2) the ERs, (3) Certificates of Canvass and (4) Statement of Votes evidence
the same thing. 50
Statement 18. Comelec has absolute discretion under the law to provide for the counting .........................50
Statement 19. Failure to sign the ERs by the BEI, CoCs by the BOC, and the watchers will render the ERs
and COCs void. 51
Statement 20. There are the same number of ERs and CoCs at all levels. .....................................................51
Statement 21. What will you advise independent candidates to do in order to secure copies of the ERs and
CoCs 51
Statement 22. The printed ERs and CoCs can be the basis of canvassing and proclamation ......................51
Statement 23. The Congress and Comelec and the Local Boards of Canvassers can canvass and proclaim
based on the Data Storage Devise not the one transmitted. ..................................................................................51
SESSION 9: INTRODUCINGTHE VCM ..........................................................................................................................52
SESSION 10: PRE-PROCLAMATION AND POST-PROCLAMATION CONTROVERSIES (credits to Krisppy) ............57
Statement 1. There are no pre-proclamation controversies for all positions in an Automated Election
System. There will be no pre-proclamation this coming May. ................................................................................57
Statement 2. Material defects and omissions and manifest errors can no longer happen in an automated
election system. 57
Statement 3. The COMELEC and its Board of Canvassers canvass results only for local elective offices...58
Statement 4. Only Election Returns are subject to canvassing.......................................................................58
Statement 5. A pre-proclamation case in an Automated Election System can be raised on the ground of
violence committed during canvassing and the presence of illegal voters during casting. .................................58
Statement 6. All paralegals and lawyers were excluded from the canvassing center. The BOC advises you,
a paralegal, to raise it to the COMELEC en banc. ....................................................................................................58
Statement 7. As paralegal, you obtain a copy of the election return. But during the canvassing, before the
CCS (Consolidation and Canvassing System), you realize a discrepancy. ...........................................................59
Statement 8. What is the procedure regarding that matter of discrepancy? When should you raise it? How
should you raise the objection?...............................................................................................................................59
Statement 9. The BOC, after realizing a discrepancy, reconvenes after making a proclamation to correct the
discrepancy. 59
Statement 10. If the BOC reconvenes motu proprio, and proclaims, election protest is the only remedy....60
Statement 11. Congress rejects the COC from a province on the ground that the electronic transmission and
data storage device are corrupted. ..........................................................................................................................60
Statement 12. Pre-proclamation cases can subsist even if proclamation is already made. ..........................60
Statement 13. An election protest and annulment of proclamation can be filed simultaneously..................60
Issue: Can you file an election protest and annulment of proclamation simultaneously ...............................................60
Statement 14. If an annulment of proclamation is denied, an election protest cannot be filed. ....................61
Statement 15. An election protest and a quo warranto case can be filed simultaneously. And the outcomes,
if favorably acted upon, are the same. .....................................................................................................................61
Statement 16. An election protest can be filed based on election returns and COCs, but not the ballots....61
Statement 17. All election protests for local offices are filed with the COMELEC en banc. ..........................61
Statement 18. The best evidence in an election protest under an AES are the ballots themselves. .............62
Statement 19. The 4th placer files an election protest case against the duly proclaimed Presidential
candidate on the 15th day from proclamation. ........................................................................................................62
SESSION 10.5: CONTINUATION OF ELECTION CONTEST AND COMELEC RESOLUTION 10057 ............................62
Statement 1. Disqualification cases filed against 2 official candidates (1) District Representative, (2)
Provincial governor. Both claim that upon proclamation, the disqualification cases have been rendered (1) moot
and can no longer be filed, (2) no election related case can prosper henceforth. .................................................62
Election Law
Statement 2. The death of the protestant or the protestee renders and election protest moot and should be
dismissed. 63
Statement 3. Non-payment of cash deposit, non-inclusion of a verification, certificate of non-forum
shopping, and assailing some of the precincts without specifying which have fatal effects in an election protest.
63
Statement 4. The election protest of Mar Roxas filed in 2010 is now rendered moot. ....................................64
Statement 5. The Liberal Party designates 5 poll watchers per precincts who are not residents of the
municipality. 64
Statement 6. Poll watchers have a demandable right in observing the testing and sealing of the VCM. ......64
Statement 7. There are 5 diagnostics during the final testing of the VCM on April 30, 2016..........................65
Statement 8. The VCM initialization report for a precinct shows 3 votes for a candidate and 1000 voters. ..65
Statement 9. Voting can still be conducted up to 7pm on Election Day..........................................................66
Statement 10. A voter takes a photograph of his ballot, puts his name on the ballot and asks someone to fill
up the ballot on his behalf. .......................................................................................................................................66
Statement 11. There is an envelope for marked ballots...................................................................................67
Statement 12. The Board of Election Inspectors may not allow a person to vote ..........................................67
Statement 13. For an orderly and efficient system, an innovative BEI (1) gave out numbers to voters who are
in line (2) VCM opened at 5:00 a.m. (3) did not apply indelible ink if the ballot was not accepted by the VCM. ...67
Statement 14. Only the BEI chairman can give the ballot to the voter and deposit the ballot in the VCM. ...68
Statement 15. The (1) 2 SD cards, (2) VCM, (3) ballot box are to be delivered to the city/municipal Board of
Canvassers after closing of the polls. .....................................................................................................................68
Statement 16. During and after the voting, the ballot box cannot be opened.................................................69
SESSION 11: ELECTION OFFENSES ...........................................................................................................................69
Statement 1. Last Christmas, former Sec. Mar Roxas gave away loot bags to underprivileged children.
Disqualification case is filed against him. ...............................................................................................................69
Statement 2. What type of contribution are allowed? ......................................................................................70
Statement 3. On May 5, 2016, a provincial governor appoints an officer to the Sanggunian Panlalawigan due
to the death of a councilor........................................................................................................................................70
Statement 4. Last March 8, the president appointed Almendras as Secretary of Foreign Affairs and a new
Supreme Court Justice. ............................................................................................................................................70
Statement 5. On May 22, 2016. The “Friends of Catbalogan City” from California donated medicine and cash
through the Mayor. ...................................................................................................................................................70
Statement 6. On April 1, 2016, the City Mayor signed a contract with the private sector for the construction
& funding of socialized housing project. .................................................................................................................70
Statement 7. Ombudsman suspends a provincial officer on April 15, 2016, for influencing a provincial
election supervisor. ..................................................................................................................................................71
Statement 8. A city mayor who transfers a department head to another head can be subject of a
Disqualification case by the COMELEC En Banc at the first instance. ..................................................................71
Statement 9. To raise funds for bar ops there will be ALS party in pool club on May 8. ................................71
Statement 10. You were appointed as legal consultant on legal affairs by the city on March 8, 2016. .........71
Statement 11. An entrepreneur sets up a dimsum store near the polling place.............................................71
Statement 12. A board of canvassers continues canvassing after a pre-proclamation case was raised
questioning the disorderly behavior of a lawyer of a politics party. ......................................................................72
Statement 13. COMELEC can withdraw the deputation of city prosecutors over election offenses. ............72
LAST SESSION: ELECTION DISPUTE RESOLUTION ..................................................................................................72
Statement 1. COMELEC issues a Resolution limiting the number of poll watchers to 2 per precinct. ..........73
Statement 2. The President of a Political Party was determined by a Party Committee to have committed acts
inimical to the interest of the Political Party. Said Political Party is the dominant minority party. The President
was expelled. He continues to use the name of the Party. .....................................................................................73
Statement 3. In 20 clustered precincts of a City with maximum number of voters, half of the voters in each
of the precincts are alleged to be non-residents. This was realized by a voter on October 1, 2015. ....................73
Election Law
Statement 4. This matter was raised during the casting of votes (refer to situation 3). .................................74
Statement 5. This matter was raised during the canvassing of results (refer to situation 3). ........................74
Statement 6. CoC for Senator in 2013 states 3 year residency in Philippines on election day. .....................74
CoC for President, by same person, in 2016 states 10 year residency on election day. .......................................74
Statement 7. Assuming no case was filed prior to proclamation and said presidential candidate is
proclaimed (refer to situation 6). ..............................................................................................................................74
Statement 8. On March 1, the Mayor who was running for re-election released prisoners. ...........................75
Statement 9. What if the release of prisoners was done on March 28. ............................................................75
Statement 10. The CoC for District Representative of a candidate who is single, a law graduate and former
President of a Student Council states that: .............................................................................................................75
Statement 11. What if during the pendency of that case, said candidate was proclaimed. ...........................76
Statement 12. COMELEC did not prepare for issuance of voting receipts. ....................................................76
Statement 13. On May 8, violence erupted in a City with 250,000 voters. .......................................................76
City Election Officer issues a memorandum to delay opening of polls. ................................................................76
Statement 14. On May 10, during the canvassing of the votes, there were armed men terrorizing voters in a
municipality with 150,000 voters. .............................................................................................................................77
Statement 15. The Municipal Mayor funded these armed men........................................................................77
Statement 16. *skipped question*.....................................................................................................................77
Statement 17. During the casting of votes, 20 voters identified with a city mayoralty candidate whose fingers
were already stained by indelible ink were allowed to vote. ...................................................................................77
Statement 18. Said city mayoralty candidate won by 10 votes against another candidate ...........................77
Statement 19. During the canvassing before the Provincial BoC: ..................................................................78
Statement 20. During the canvassing before the Provincial BoC: ..................................................................78
Statement 21. No ruling on the pre-proclamation case. ..................................................................................78
Provincial BoC proclaimed another Gubernatorial candidate with margin of 500 votes. ......................................78
Statement 22. Erasures in the CoCs were noticed during canvassing of votes for the President. ...............78
Statement 23. Party-list representative unseated because it was determined that he did not renounce his
American citizenship. ...............................................................................................................................................79
Election Law
SESSION 1: COMMISSION ON ELECTIONS
Statement 1. President appoints you to be an acting COMELEC Commissioner
1st Issue: Whether the President can appoint an acting COMELEC Commissioner
Answer: the President cannot appoint an acting COMELEC Commissioner

Basis: Const. Art. IX, § 1(2)
2nd Issue: Whether the President can appoint you (Ayelle) as acting COMELEC Commissioner
Answer: No. Ayelle is not 35 years old.

The requirements are: natural-born citizens of the Philippines and, at the time of their appointment, at least
thirty-five years of age, holders of a college degree, and must not have been candidates for any elective position
in the immediately preceding elections. Furthermore, a majority thereof, including the Chairman, shall be
Members of the Philippine Bar who have been engaged in the practice of law for at least ten years.
Basis: Const. Art. IX, § 1(2)
Q. Can you be appointed even if you are not a lawyer?

A. Only a majority, including the Chairman, shall be Members of the Bar engage in the practice of law for at least 10 years.
Statement 2. Comelec Chairperson transfer a department head to another department and filed a
comment with the Supreme Court without the consent of the Comelec En Banc
1st Issue: Can the Comelec Chairperson transfer a department head to another department even without COMELEC En
Banc concurrence?
Answer: Yes. One of the power of the COMELEC chairperson as transfer is merely an administrative matter. It does not
require the concurrence of the en banc. COMELEC chair can do so as head of agency
Basis: See Const. Art. IX, A
2nd Issue: Can the Comelec Chairperson file a comment with the SC w/o the consent of the Comelec En Banc
Answer: COMELEC chair needs the consent of the COMELEC En Banc because it stems from a judicial decision.
Basis: See Const. Art. IX, A
a. transfer = merely administrative
b. filing a comment without consent = judicial/ stems from the case
Statement 3. COMELEC shuffles election officers and appoints non-lawyers as provincial election
supervisors
1st Issue: Whether COMELEC can shuffle election officers.
Answer: YES, they have the power to shuffle the election officers as they have the supervision and control.
Basis: OEC, §52(a); OEC, §44
Q. How long can an election officer stay in a certain city or municipality?

A. 4 years [OEC, §44]
2nd Issue: Whether non-lawyers can be appointed as provincial election supervisors.
Answer: No. Only members of the Philippines Bar shall be eligible for appointment to the position of regional director,
assistant regional director, and provincial election supervisor and election registrar
Basis: OEC, § 54
Q. Must Municipal Election Registrar be lawyers?

A. No.
Election Law
The General Rule is Yes HOWEVER, there is an exception for Election Registrar. “If there are no members of the Philippine
Bar available for appointment as election registrar, except in cities and capital towns, graduates of duly recognized schools
of law, liberal arts, education or business administration who possess the appropriate civil service eligibility may be
appointed to said position. [OEC, §54]”
Statement 4. Comelec ruled you are not a resident of your locality, therefore you cannot vote.
Issue: Whether COMELEC can rule that you are not a resident of your locality?
Answer: No. It is not one of the powers granted by the OEC and the Constitution to COMELEC. Furthermore, COMELEC
CANNOT rule whether a person has the right of suffrage.
Basis: Art. IX-C, § 2 [CONST.]; OEC, §52
Statement 5. Can COMELEC says in a resolution that decisions in the MTC regarding inclusions
and exclusion are subject to the appellate jurisdiction of COMELEC? Can COMELEC file own its
own inclusion and exclusion?
1st Issue: Can COMELEC say in a resolution that decisions in the MTC regarding inclusions and exclusion are subject to
the appellate jurisdiction of COMELEC?
Answer: Inclusions and exclusions are with regards to qualifications of the voters. Thus, COMELEC cannot have appellate
jurisdiction of the decisions of the MTC.
Basis: Art. IX-C, § 2 [CONST]; OEC, §52
2nd Issue: Can COMELEC file own its own inclusion and exclusion?
Answer: COMELEC can file own its own inclusion and exclusion. It would/should not resolve it.
Basis: Art. IX-C, § 2 (6) [CONST] and Recommendatory Powers About the COMELEC (Website)
Q. What is the importance of knowing that the power of COMELEC [to initiate inclusion and exclusion] is in the Constitution?
A. Atty. Agra: Congress then cannot remove such power from COMELEC unless it amends the Constitution.
Statement 6. COMELEC would not allow those without biometrics to vote.
Issue: Whether COMELEC can exclude those without biometrics from voting?
Answer: Valid. See Q&A below.

Basis: Kabataan Partylist v. COMELEC
Q. Can COMELEC impose a substantial requirement on suffrage?

A. No. COMELEC can only impose procedural requirement.
Q. Is the No bio, No boto policy procedural?

A. Yes. The SC state that it is a procedural requirement and COMELEC must implement an honest, orderly, peaceful
election Furthermore, under the Biometrics Law, COMELEC must implement a mandatory biometrics registration system
for new voters.
Statement 7. Under the COMELEC rules on procedure, an aggrieved party can file a MR with the
COMELEC en banc within 5 days. The candidates questions that 5 days for being short. It should
be 10-15 days like under the RoC.
Issue: Whether COMELEC provide for a 5 day period instead of 15 days?
Answer: Yes. COMELEC en banc may promulgate its own rules concerning pleadings and practice before it or before any
of its offices. Such rules however shall not diminish, increase, or modify substantive rights.
Basis: Art. IX-C, § 9 [CONST]
Election Law
Q. Isn’t 5 days too short?

A. As long as the aggrieved party was given the right to be heard. [Mauwi]
Q. 1 day?
A. Maybe too short. [Mauwi]
*Note* Atty: Agra it has been 5 days for the past 15 years
Statement 8. Comelec issues a resolution stating that all cases must be filed with any of the 2
divisions at the first instance.
Issue: Whether such resolution is valid.
Answer: It depends. If
Judicial cases COMELEC Division.
Election protests
Disqualification cases
Power to punish contempt
Administrative cases then automatically COMELEC En Banc.
Postponing elections
Failure of elections
Annulment of the book of voters
Finding probable cause
Prosecution of election violators
Basis:
Judicial – Agra Reviewer, p.5; Munoz v. COMELEC; Soller v. COMELEC; Bautista v. COMELEC; subpoints
are found in the reviewer and older transcript
Administrative - Agra Reviewer, p.5; Munoz v. COMELEC; subpoints are found in the reviewer and older
transcript
Statement 9. COMELEC used its savings to fund a recall election as its funds for a recall
election is not enough?
Issue: Can COMELEC juggle its fund from its savings to fund a recall election. [Agra note, Puerto princesa case]
Answer: Yes. The COMELEC has fiscal autonomy. It has the power to conduct recall election without the need for
supplemental appropriation. A recall election is also a constitutional mandate.
Basis: Goh v. Bayron; Agra Reviewer, p.1
Statement 10. COMLEC en banc declares that its resolution is not subject to judicial review. Its
factual finds are final and not reviewable
1st Issue: Whether the SC has the power to review COMELEC resolutions?
Answer: Yes. The SC can review via certiorari, All decisions of administrative agencies are reviewable by the SC otherwise
the SC is deprive of its Constitutional power of review.
Basis: Agra Reviewer, p.1; Aquino v. COMELEC
2nd Issue: Whether SC can disturb the factual findings of COMELEC.
Answer: Yes.
G.R the COMELEC’s factual findings must be respected.
Even if SC disagrees with it provided it is based on substantial evidence.
Except: Grave abuse of discretion or not based on evidence
Basis: Agra Reviewer, p.1; Basmala v. COMELEC
Statement 11. RTC takes cognizance of an election CONTEST case for city and municipal mayor
Election Law
1st Issue: Whether RTC takes cognizance of an election CONTEST case for city and municipal mayor?
Answer: No, it is COMELEC division who takes cognizance for city mayor.
Basis: Agra Reviewer, p. 80; Art. IX-C, §2 (2) [Const.]; OEC, §249.
2nd Issue: Whether RTC takes cognizance of an election CONTEST case for city mayor?
Answer: Yes
Basis: Agra Reviewer, p. 80; Art. IX-C, § 2 [Const.]; OEC § 251; Papandayan v. COMELEC
Q. On appeal, where do you appeal?

A. COMELEC. COMELEC has exclusive jurisdiction [Art. IX-C, §2(2) (Const.)]
Statement 12. RTC takes cognizance over a plebiscite protest case and someone was questioning
the outcome of a referendum. RTC judge claims COMELEC’s jurisdiction is only over persons not
policies.
Issue: Whether RTC has jurisdiction?
Answer: No, RTC does NOT have jurisdiction. COMELEC has jurisdiction. COMELEC’s jurisdiction are over the election,
plebiscite, initiative, referendum, and recall.
Basis: Art. IX-C, §2(1) [Const.]
*Note* Exclusive to COMELEC
Statement 13. Presidential candidate questions the jurisdiction of Comelec to hear a

disqualification case over him; He argues the PET has jurisdiction
Issue: Who has jurisdiction?
Answer: It depends
If filed before proclamation -- COMELEC
Post-proclamation – PET (SC siting en banc)
Basis:
Agra Reviewer, p.5; Munoz v. COMELEC
Art. VII, § 4 [Const.]
Q. All disqualification pertaining to all elective officials are cognizable by COMELEC?

A. False.
Pre-Proclamation
o RTC for Municipal Officials [Art. IX-C, § 2, (Const.)]
o MTC for Barangay Officials and Sangguniang Kabataan [Art. IX-C, § 2, (Const.)]
Post-Proclamation
o SET
o HRET
o PET
Statement 14. COMELEC continues to hear a disqualification case against district rep after
proclamation
Issue: When shall COMELEC continue and when shall COMELEC divest?
Answer: After proclamation, COMELEC divests jurisdiction when

1. Valid proclamation
2. Taken his oath
3. Assumed Office
Basis: Agra Reviewer p. 3; Jalosjos v. COMELEC
Election Law
Statement 15. COMELEC Division in hearing postponement of election cites a person/petitioner in

contempt, issues a subpoena and search warrant
1st Issue: Whether COMELEC Division can hear postponement of election
Answer: No. It should be COMELEC en banc that should hear such.

Basis: Synchronized Election Law (R.A. 7166), §4
2nd Issue: Whether COMELEC can cite the petitioner in contempt
Answer: No, as the postponement of election is an administrative matter. The power to punish contempt can be exercised
only in connection with judicial functions and not administrative functions.
Basis: Agra Reviewer, p.5 Guevara v. COMELEC
3rd Issue: Whether COMELEC can issue a subpoena. (Atty. Agra: Do you qualify if admin or judicial?)
Answer: COMELEC can issue a subpoena because there is an express provision of law allowing it so. There is no need to
qualify if it is an administrative or judicial matter.
Basis: OEC, §52
4th Issue: Whether COMELEC can issue a search warrant. Atty. Agra: Do you qualify if admin or judicial?
Answer: COMELEC can issue a search warrant because there is an express provision of law allowing it so. [I am not sure
if there is a need to qualify but I think no need kasi never binanggit sa reviewer or book or codal na need to qualify.]
Basis: OEC, §52
Statement 16. President pardons Former President Erap without favorable recommendation of the
COMELEC
Issue: Whether pardon was valid?
Answer: As Erap’s offense was plunder and not a violation of election laws, rules, and regulations, the President does not
need COMELEC’s recommendation before he grants pardon.
Basis: Art. IX-C, §5 [Const.]
Statement 17. COMELEC denies the registration of INC as a political party?
Issue: Whether COMELEC can deny the registration of INC as a political party?
Answer: COMELEC CAN deny the register as INC is a Religious Denomination.

Basis: Art. IX-C, §2 (5) [Const.]
Q. What are the parties not allowed to register? Art. IX-C, §2 (5) [Const.]
A. Those political parties
1. Which seek to achieve their goals through violence or unlawful means, or
2. Refuse to uphold and adhere to this Constitution, or
3. Which are supported by any foreign government
Q. Can a party which is inspired by the teachings of INC be denied?

A. No. It is not a religious sector per se. Just inspired by the teachings of INC [There is a case in Consti I forgot the name]
Statement 18. COMELEC did not receive the COC of Mayor Duterte.
Issue: Whether COMELEC is allowed to not receive the COC of Mayor Duterte?
Answer: No. The Commission or the board of election inspectors shall have the ministerial duty to receive and acknowledge
receipt of the certificate of candidacy.
Election Law
Basis: OEC, §76
Atty Agra: Receipt does not mean that COMELEC is precluded from cancelling the COC. COMELEC MUST receive then
cancel.
Statement 19. COMELEC provides for a paperless voting and consolidation of result
1st Issue: Whether COMELEC can provide for a paperless voting?
Answer: Yes. COMELEC is hereby authorized to use an automated election system or systems in the same election in
different provinces, whether paper-based or a direct recording electronic election system as it may deem appropriate and
practical for the process of voting, counting of votes and canvassing/consolidation and transmittal of results of electoral
exercises
Basis: Automated Election Law (R.A. 9369/R.A. 8436), roughly §5 or 6 [Ito yung magulo na law]
2nd Issue: Whether COMELEC can do away with the paper trial of the consolidation of results?
Answer: No. The law provides that there should be 30 copies of electoral returns.
Basis: Automated Election Law (R.A. 9369), roughly § 18-22 [Ito yung magulo na law]
AES does not require a paper ballot

the law provides an election return (paper) – 30 copies
Statement 20. What should you expect to receive from COMELEC April this year (30 days)
Issue: What will you receive in the mail from COMELEC one month before election?
Answer: An unfilled Official Sample Ballot

Basis: Official Sample Ballot (7904), §1 amending §185 of the OEC
Statement 21. President withholds approval of COMELEC’s deputation of the Armed Forces of the
Philippines for election
Issue: Whether the President can do such?
Answer: FOLLOW THE CONSTITUTION

CONST. – Before COMELEC can deputize AFP for the exclusive purpose of ensuring free, orderly, honest,
peaceful, and credible elections there is a need for presidential concurrence
Omnibus – Silent if there is a need for concurrence.
Basis:
Art. IX-C, § 2(4) [Const.]
OEC, §52
Statement 22. Congress mandate a two party system
Issue: Whether COMELEC can mandate a two party system
Answer: No. Unconstitutional because the Constitution requires elections to be FREE and OPEN. “A free and open party
system shall be allowed to evolve according to the free choice of the people, subject to the provisions of this Article.” Thus,
a two party-system is not allowed.
Basis: Art. IX-C, §6 [Const.]
SESSION NO.2: ELECTORATE AND REGISTRATION
Statement 1. RTC convicting a person based on a PD penalizing failure to vote and to register.
1st ISSUE: Whether failure to vote and failure to register is a criminal offense
Election Law
Answer: NO. Failure to vote and failure to register are not criminal offenses. The PD [penalizing such] has been repealed
by the Constitution. Thus, to vote and to register is no longer an obligation but a right.
Basis:
a. PD 1053: prescribing the manner of serving the sentence imposed upon persons who fail to cast their votes without
justifiable cause
b. 1987 Const., art. XVIII (Transitory Provisions),§3:
SECTION 3. All existing laws, decrees, executive orders, proclamations, letters of instructions, and other
executive issuances not inconsistent with this Constitution shall remain operative until amended, repealed, or
revoked.
Statement 2. Congress can alter the list of qualifications of voters.
1st ISSUE: Whether Congress is precluded from altering the list [of qualifications]
Answer: YES. The list [of qualifications] in the Constitution is exclusive.
2nd ISSUE: What are the qualifications?
Answer: The following are the qualifications of a voter:

1. citizen of the Philippines
2. not otherwise disqualified by law
3. at least 18 years of age
4. have resided in the Philippines for at least 1 year
5. have resided in the place wherein they propose to vote for at least 6 months immediate preceding the election
Basis: 1987 Const., art. V (Suffrage),§1
Statement 3. COMELEC can ban a person from voting and from vying for elective office if she does not
possess the qualifications of a voter
1st ISSUE: Whether the COMELEC can ban a voter to vote
Answer: NO. The Constitution and the OEC provides that the COMELEC cannot interfere with the right of suffrage.
Basis:
a. 1987 Const., art. IX (Constitutional Commissions),C (COMELEC), §3 (3): “Decide, except those involving the right
to vote”
b. Omnibus Election Code
2nd ISSUE: Whether the COMELEC can ban a candidate from vying an elective office [for lack of qualifications of a voter].
Is it an indirect way of determining the qualifications of a voter?
Answer: YES, considering that some of the qualifications of a voter are also qualifications of a candidate. It is somehow
an indirect way of determining the qualifications of a candidate, not a voter.
Basis: **
Statement 4. COMELEC in a resolution declared that illegal settlers are not eligible to be voters in that
locality
1st ISSUE: Whether the COMELEC can declare illegal settlers not eligible to be voters
Answer: NO. This amounts to a substantial requirement of ownership on residency.

Basis: 1987 Const., art. V (Suffrage), §1
2nd ISSUE: What kind of residency is required in the Constitution?
Answer: The law requires on physical presence and not legal presence.
Basis: **
Election Law
Statement 5. ERB, how many members? ERB denies application filed on October 1, 2015 on the ground
that the applicant is not of age.
1st ISSUE: How many members are there in the ERB?
Answer: 3 members
Basis: RA 8189, §15, par.2
2nd ISSUE: Whether the ERB can deny an application on the ground of age
Answer: It depends if the applicant is of age on the Election Day (May 9, 2016).
a. YES, if the applicant is not of age on May 9, 2016.
b. NO, if the applicant is of age on May 9, 2016.
Basis: RA 8189, §9, last par.
Statement 6. Right to vote vs. Right to register
1st ISSUE: What is the right to vote?
Answer: The right guaranteed by the Constitution.

Basis: 1987 Const., art. V (Suffrage), §1
2nd ISSUE: What is the right to register?
Answer: You do not have to meet the requirements when you register for as long as on the Election Day (next Election
Day: May 9, 2016) you meet the qualifications.
Basis: RA 8189, §9, last par.
Statement 7. Imelda Marcos was born in Tacloban and married domiciliary of Ilocos Norte and resided in
Manila for 20 years. Tacloban ERB denied her registration for application.
1st ISSUE: How long should Imelda have resided [in Tacloban] to be registered?
Answer: 6 months before the day of the election

Basis:
a. 1987 Const., art. V (Suffrage),§1
b. RA 8189, §9, par.1.
2nd ISSUE: Can Imelda Marcos register in all three places?
Answer: NO. She can have many residences but you can only be a registered voter once.
Basis: RA 8189, §10, (j): a statement that the applicant is not a registered voter of any precinct;
Statement 8. Voter questions before the SC the ground of disqualification of sentence of final judgment
of imprisonment of a least 1 year since it amounts to a substantial requirement.
1st ISSUE: Whether the ground for disqualification is a substantive qualification
Answer: NO. It does not change qualifications which shall be possessed by the voter on the day of the registration.
Basis: see Kabataan Partylist vs. COMELEC, G.R. No. 221318, December 16, 2015 (p.41 of the reviewer) re: substantive
requirement: one which propagates a socio-economic standard which is bereft of any rational basis to a person's ability to
intelligently cast his vote and to further the public good
2nd ISSUE: How you can distinguish a qualification to a disqualification?
Answer: Qualifications are set forth by law, while the disqualifications are possessed after registration.
Basis: see bases above
Election Law
Statement 9. COMELEC requires a voter born here and naturalized in the US to renounce his foreign
citizenship in order to vote for the national elections.
1st ISSUE: Whether there is a need to renounce a [US] citizenship for suffrage
Answer: NO. What are only needed are:

a. to register and
b. to take an oath of allegiance
Basis: RA 9225, §§3 and 5
Statement 10. US green card holder Filipinos and permanent resident in the US are not allowed to vote.
1st ISSUE: Whether permanent US residents are allowed to vote
Answer: YES. They need three (3) requirements:

a. execute an affidavit that he will resume permanent residency in the Philippines within 3 years of his registration
b. affidavit shall also include that he/she has not apply for foreign citizenship
c. actually return to the Philippines
Basis:
a. [old]OAA, §5, no.4
b. p.45 of the Reviewer
Statement 11. Dual citizens who has not established actual residency in the Philippines cannot vote in the
Philippine election.
1st ISSUE: Whether dual citizens must establish actual residence in the Philippines
Answer: NO. There is no such requirement in the Citizenship Retention and Reacquisition Act
Basis: Nicolas-Lewis v. COMELEC, G.R. No. 162759, 4 August 2006, cited in p.46 of the Reviewer
Statement 12. List of voters and Book of Voters are one and the same thing.
1st ISSUE: What is the list of voters?
Answer: enumeration of names of registered voters in a precinct duly certified by the Election Registration Board for use
in the election
Basis: RA 8189, §3, (d)
2nd ISSUE: What is the book of voters?
Answer: compilation of all registration records in a precinct

Basis: RA 8189, §3, (c)
Statement 13. Aside from the No Bio, No Boto, the COMELEC also adopted the no VIC, no boto.
1st ISSUE: Whether no VIC [voter’s identification card], no boto is proper
Answer: NO. There are other ways to be identified i.e. biometrics.

Basis: **
Statement 14. COMELEC defines registration as the filing of an application form before any COMELEC
division and allows motu propio registration.
1st ISSUE: What is registration?
Answer: Registration constitutes the following operative acts:

(1) act of accomplishing and filing a sworn application for registration by a qualified voter
(3) before the election officer of the city or municipality wherein he resides; and
(4) including the same in the book of registered voters upon approval by the Election Registration Board
Election Law
Basis: RA 8189, §3,(a)
2nd ISSUE: Whether the COMELEC can motu proprio register
Answer: NO. The person must apply.

Basis: see RA 8189, §3, (a)
Statement 15. Would you rather that your boyfriend is in the cancelled list or deactivation list. What are
the grounds for disqualification?
1st ISSUE: When is a voter in a cancelled list?
Answer: When the registered voter is already dead

Basis: RA 8189, §29
2nd ISSUE: When is a voter in the deactivated list?
Answer: for the grounds enumerated in RA8189

Basis: RA 8189, §27
3rd ISSUE: Besides RA8189, what are the other laws that provide for the grounds for disqualifications? What are the grounds
[and other grounds]?
Answer: Biometrics Law

Basis: RA 10367, §11: Prohibited Acts
(1) any person who prohibit, impede, obstruct or prevent biometric registration through force, intimidation or
monetary consideration;
(2) any public official or person who, under the guise of implementing this Act, shall unjustifiably and without
due process, cause the deactivation or reactivation of any registered voter.
Statement 16. Seafarers/OFWs can vote for local positions.
1st ISSUE: Whether OFWs can vote for local positions
Answer: YES, if they are here in the Philippines. Otherwise, they can only vote for the nationally elected officials.
Basis: RA 9189, §§4 and 10, provided clause
Statement 17. COMELEC issues a resolution that the list is permanent and not subject to change.
1st ISSUE: Whether the list of voters is permanent
Answer: YES, but subject to change.

Basis: RA 8189
2nd ISSUE: When is the list subject to change?
Answer: (+/-) in the following instances:

a. registration of new voters
b. transfer of residency
c. deactivation
d. reactivation
e. cancellation
f. petitions for inclusions and exclusions
g. annulment of the book of voters
Basis: RA 8189, §§ 10, 12, 27, 28, 29, 34, 35, and 39
Election Law
Statement 18. Petition for inclusion filed on the ground of failure to apply for registration.
1st ISSUE: Whether failure to register is a ground for inclusion
Answer: NO. Failure to register is not a ground for a petition for inclusion
Basis: Diawan v. Inopiquez, 358 SCRA 10 cited in p.42 of the reviewer
2nd ISSUE: What are the grounds for inclusion?
Answer: There are only two ground provided by law:

a. whose application for registration has been disapproved by the Board or
b. whose name has been stricken out from the list
Basis: RA 8189, §34
Statement 19. MTC judge renders a decision on an exclusion case on the ground of lack of residency
based on non-appearance of the respondent.
1st ISSUE: Whether non-appearance is a ground for exclusion on the ground of lack of residency
Answer: NO. Non-appearance can only be considered if the question is whether or not the voter is real or fictitious.
Basis: RA 8189, §32
2nd ISSUE: What is the effect of non-appearance in the above case?
Answer: his non-appearance on the day set for hearing shall be prima facie evidence that the challenged voter is fictitious
Basis: RA 8189, §32
Statement 20. Petition for exclusion was filed on the RTC on the ground the application for registration
was denied.
1st ISSUE: Whether RTC has jurisdiction
Answer: NO. The petition for inclusion should be filed in the MTC.
Basis: RA 8189, §33
2nd ISSUE: Whether the petition for exclusion is proper
Answer: NO. The remedy is not a petition for exclusion.

Basis: RA 8189, §35
Statement 21. The SC is the 3rd level of review of inclusion cases.
1st ISSUE: Whether the SC is the 3rd level of review
Answer: It depends. Yes, if it involves purely questions of law.

Basis: 1987 CONST., art. VIII, §4, (e)
2nd ISSUE: What are the levels of review in inclusion cases?
Answer:
1st: MTC
2nd: CA
3rd: SC – on pure questions of law
Basis:
a. RA 8189, §33
b. 1987 CONST., art. VIII, §4, (e)
Election Law
Statement 22. Presidential candidate questions the constitutionality of the statutory power given to the
COMELEC to annul the book of voters since this amounts to ruling over one’s right of suffrage.
1st ISSUE: Whether the grounds for annulment pertains to the substantive aspects
Answer: NO. (see grounds)

Basis RA 8189, §39
2nd ISSUE: What are the grounds to the annulment of the book of voters
Answer:
1. not prepared in accordance with the provisions of this Act or
2. was prepared through fraud, bribery, forgery, impersonation, intimidation, force or any similar irregularity, or
3. contains data that are statistically improbable
Basis: RA 8189, §39
SESSION 3: ELECTIVE OFFICIALS AND PARTY-LIST SYSTEM
Statement 1. The Representatives of the House of Representatives are local officials.
1st Issue: Whether district representatives are local officials
Answer: District Representatives are national officials elected through its legislative district [elected locally]
Basis: Const., Art. VI Section 5(1)
2nd Issue: Whether party-list representatives are local officials
Answer: Party-list representatives are national officials elected nationally.

Basis: Const. Art. VI Section 5(1)
*note* Agra mentioned those in the Constitution are national officials while the rest are local officials.
Statement 2. On May 9 2016 all elective positions will be filled up.
Issue: Whether all the elective positions are fill up on May 9, 2016 [election day]?
Answer: No. All elective positions are filled except ½ of Senate and Barangay Election
Basis:
1) For Barangay: R.A. 9340 amending R.A. 9164 states that Barangay Election shall be on the last Monday of October
2) Synchronized Election Law [R.A. 7166] provides “In accordance with the policy hereinbefore stated, there shall be
an election for President, Vice-President, twenty-four (24) Senators, all elective Members of the House of
Representatives, and all elective provincial, city and municipal officials on the second Monday of May, 1992.
Thereafter, the President and Vice-President shall be elected on the same day every six (6) years; while the
Senators, elective Members of the House of Representatives and all elective provincial, city and municipal officials
shall be elected on the same day every three (3) years, except that with respect to Senators, only twelve (12) shall
be elected.”
a. Ergo hindi rin kasama si Barangay
b. And kaya 12 Senators na lang every 3 years
*note* ARMM election will be on May 9 this year. The others will be synced.
What are the positions?
National: Pres, VP, Senate, House (District / Party-list)

Local: ARMM, Province, City, Municipality, Barangay
Election Law
Statement 3. All elective positions and their qualifications are delineated in the 1987 Constitution
Issue: Whether All elective positions and their qualifications are delineated in the 1987 Constitution
Answer: No. Only elective national positions are found in the Constiution. Local Officials are found in the Local Government
Code. For ARMM, it’s found in the Organic Act of Muslim Mindanao.
Basis: For National [Const] – Art. VI, §1,2,3,4,6, 7, Art. VII, §1-4
For Local – Art. X [Const], §3, LGC of 1991 § 39
For ARMM [Organic Act] – Art. VI §1,2,6, Art. VII, § 2,3
*Note* plenary power of Congress to change statues.
Random Question: Can comelec have an election of judges?
Answer: No, it is with the IBP and the SC

Basis: [Const.] Art VIII
Statement 4. Grace Poe is? Qualified / Disqualified (choose)
Notes:
Argument: disqualified – because natural born citizens are clearly defined in the constitution. Foundling so are not within
the definition of natural born.
She was naturalized in the US – effect: renounced allegiance
She reacquired citizenship – effect: reacquired allegiance
Argument: qualified – because international law dictates that foundlings are considered as citizens of the place wherein
they are found. International law discourages statelessness.
Nicolas Lewis case – reverts to former citizenship status

Residency issue – 10 years
Use of US passport
*are foundlings not Filipino citizen?

** Chloe: if you find three babies in Iloilo, does that baby become a natural born citizen even if he/she looks really like an
African?
Note 2:
She is NOW qualified with the SC decision out.
Considered as a national born. The burden of proof is with COMELEC to prove she was not a natural born (Rule
on Evidence)
She has abandoned her US residency. The “wrong” filling out of the CoC was not binding as it is the true intent with
must hold true (Imelda case)
Statement 5. Congress can require that a voter and a candidate for all elective offices must be
literate.
1st Issue: Whether Congress can require a voter to be literate?
Answer: No. Cannot add qualification to voter – right to suffrage. This would be a substantive requirement, not a procedural
requirement.
Basis: [Const.] Art V, § 1
2nd Issue: Whether Congress can require a candidate to be literate?
Answer: Yes, the Constitution and the LGC and under the Organic Law of Mindanao provides such qualification:
Basis: For Local – LGC of 1991 § 39
Election Law
Statement 6. All candidates must be natural born citizens and must be above 23 years of age on
Election Day.
1st Issue: Whether all candidates should be nature born citizens?
Answer:
Natural born – national + ARMM
Not necessarily natural born, NATURALIZED is the minimum for local – all LOCAL EXCEPT ARMM
Basis:
For National [Const] – Art. VI, §,3,6 Art. VII, §2
For Local –LGC of 1991 § 39
For ARMM [Organic Act] – Art. VI §6, Art. VII, § 3
2nd Issue: Whether all candidates must be above 23 years of age on Election Day?
Answer:
President – atleast 40 years old
VP same as President
Senate – atleast 35 years old
House of Representatives (District) – atleast 25 years old
House of Representatives (Partylist) – atleast 25 years old except youth sector 25-30 years old
ARMM Legislative – atleast 21 years old
ARMM regional Governor/Vice Governor – atleast 35 years old years old
Governor, Vice-governor, or Member of the Sangguniang Panlalawigan, or Mayor, Vice-mayor or [Member of
the Sangguniang Panlungsod of highly urbanized cities] – 21 years old
Members of the Sangguniang Panlungsod or Sangguniang Bayan or Punong Barangay or Member of
Sangguniang Barangay – 18 years old
Sangguniang Kabataan – 18 – 24 years old
Basis: same as above
Statement 7. Congress provides that a provincial governor must be a college graduate, the
governor shall be appointed by the president and serve for a 4 year term.
1st Issue: Whether Congress can provide that a provincial governor must be a college graduate [or even a lawyer] and/or
the governor shall be appointed by the president?
Answer: Yes.
The constitution is silent about the structure of the local government.
Therefore, the Congress can determine who are elective and who are appointive.
o Education – Current: literacy; can be changed by the Congress
o Appointment – allowed because there is no list in the Constitution
Basis: [Const.] § 3 states that Congress shall enact a local government code for local officials. As it is not the Constitution,
Congress can change it
2nd Issue: Whether the provincial governor can serve a 4 year term
Answer: It depends if the provincial governor is this scenario is an elected or appointed official. If elected – only 3 year
term. If appointed, the Constitution is silent so it is possible.
Basis: [Const.] Art. X, § 8
Statement 8. The Comprehensive Dangerous Drugs Act states that all candidates for office,
whether appointive or elective, shall undergo a mandatory drug test.
1st Issue: Whether the DDA is constitutional
Answer: No. For national officials, the Consti provides the qualifications, so Congress cannot add to that list of substantive
qualifications. For local officials, the Consti has no exclusive list (it is silent)
Election Law
Basis: For National [Const] – Art. VI, §1,2,3,4,6,7, Art. VII, §1-4
For Local – Art. X [Const], §3, LGC of 1991 § 41
Statement 9. For the elections of the Pres or VP, the winner must obtain a majority of the votes.
If not, there will be a run-off elections between the top 2.
2nd Issue: Whether there can be a run-off election?

Answer: No. Philippines practices the plurality system, not the majority system.
Basis: [Const] – Art. VII, § 4 “The person having the highest number of votes shall be proclaimed elected.”
*Note* 3 major formulas: plurality, majoritial (run off election), proportional representation (Party-list system)
*Note 2* Dahil explicit nakasulat for President and VP, papaano for local government, pede ba?
Statement 10. Senators can be elected using electoral colleges, like the system in the US.
Issue: Whether the Senators can be elected using electoral colleges

Answer: The Constitution provides that they must be elected at large.
Basis: [Const] – Art. VI, § 2
Q: What does “at large” mean?

A: Elected nationally by registered voters.
*Note* The number of votes that they acquire are ranked, and the top 12 Senators will be elected.
Statement 11. A vote for the Chief Executive at the national and local levels is a vote for vice chief
executive.
1st Issue: Whether A vote for the Chief Executive at the national and local levels is a vote for vice chief executive.
Answer: It is ONLY explicitly provided in ARMM. President and Vice-President Direct vote
Basis: [Organic Act of Muslim Mindanao] Art. VII, § 4; [Const.] Art VII, § 4
Statement 12. A person who became a district rep in 2009 in a special election due to the death of
the former representative, that person also won for district rep in 2010 and in 2013. He/she can run
in the 2016 elections
2nd Issue: Is this the person’s third or fourth term?
Answer: He served the unexpired portion of the first term. This is considered a term for NATIONAL. –election protest in
Pasig. [Answer is 4th term na yung 2016]
Basis: Distinction between tenure and term. Dimaporo v. Mitra
*Note* For LOCAL, you must FULLY serve that term (365 X 3) for it to be considered a term. –tenure
*Note* National position, one day is a term.
Statement 13. Congress can provide for a Party-list system [proportional representation] in
electing city councilors
Issue: Whether Congress can provide for a Party-list system [proportional representation] I in electing city
councilors.
Answer: Yes, because the constitution is silent on the structure of local government. Congress can determine the rules.
Basis: [Const] Art. X
Statement 14. There are 55 Party-list seats in 2016. What is the formula for the Party-list seats?
Answer:
Election Law
20% and 80% split between district & Party-list

# of District Rep. / 0.8 * 0.2
o If there are 235 district representatives.
o There should be 58.75 seats for Party-list. Round up to 59 [Atty. Agra According to SC, 20% is
mandatory], but the law says no round-off so I am not sure.
Basis: [Const] Art. VI. § 5, Banat v. Comelec, VFP v. COMELEC
Statement 15. All parties should represent a local or national constituency and should represent
one of the 12 groups enumerated in the law
Issue: Whether all parties must represent the 12 groups represented in the law?
Answer: Party-lists can represent local, regional, or even a sectoral party. *Note* Sectoral = no need to show track record.
It’s only the nominee who must show they have a track record if they are not part of the sector.
Basis: Case Law according to Atty. Agra.
Statement 16. You can represent the differently abled sector.
Issue: Whether a person can represent a differently abled sector?
Answer: Yes, provided:

1) Above 25 years of age, except youth sector which is only 25-30.
2) A bona ﬁde member of the party or organization which he seeks to represent for at least ninety (90) days
preceding the day of the election; provided he did not change his affliation within 6 months
3) Nominee must prove a track record of the advocacy if they do not factually belong to the sector represented
by their party or organization
Basis:
1) Party-list System Act [R.A. 7941] § 9
2) Party-list System Act [R.A. 7941] § 9; see § 15
3) Abang-Lingkod Party-List v. COMELEC ;
*Note* 2 kinds of member: organic or synthetic.

*Note 2* Sectoral parties or organizations are no longer required to adduce evidence showing their track record. It is enough
their principal advocacy pertains to the special interest and concern of their sector. [Abang-Lingkod Party-List v. COMELEC]
Statement 17. A Party-list organization registered in 2009, but did not participate in the 2010
elections and failed to get 2% in the 2013 elections. Can it participate in 2016?
Issue: whether the Party-list organization can participate in 2016?
Answer: Yes. The grounds for disqualification are separate. You don’t combine the two grounds 1) if it fails to participate in
the last 2 preceding election; OR 2) fails to obtain at least 2% of the votes cast under the party list system in the 2 preceding
elections for the constituency in which it was registered.
Basis: PGBI v. COMELEC
Statement 18. A Party-list organization which obtained 10% of the second vote shall be entitled to
5 seats.
Issue: Whether a party-list can have 5 seats.
Answer: No. Can only have a max of 3 seats

Basis: Party-list System Act [R.A. 7941] § 11
Statement 19. Does the 3 term limit for district reps apply to nominees?
Issue: Whether the 3 term limit for district representatives apply to nominee? [Thus can a nominee be a representative for
more than 3 terms?]
Election Law
Answer: Despite the fact that we are electing the parties and not the nominees, the 3 year term limit should apply.
Basis: Atty Agra: SC: three term limit applies even to the nominees. We are still electing the nominee indirectly
SESSION 4 & 5: CANDIDATES AND DISQUALIFICATIONS
Statement 1. Suffrage and Seeking Political Office is/are Constitutional Rights?
1st Issue: Whether Suffrage is a Constitutional Right
Answer: Yes, it is a Constitutional Right

Basis: Art. V, § 1
2nd Issue: Whether Seeking a Political Office is a Constitutional Right
Answer: No. Seeking a Public is not a right but only a privilege

This is based on case law. In the Pamatong case, Pamatong was declared a nuisance candidate by COMELEC.
He thus sought to enforce his candidacy by claiming that he has a right to run. The court said that Pamatong
cannot force COMELEC to include him in the list of candidate since seeking public office is not an enforceable
right but only a privilege.
Basis: (Pamatong v. COMELEC 427 SCRA 96)
Statement 2. I can run for President, Governor, and party-list representative
1st Issue: Whether I can run for said position.
Answer: Yes. Provided you have all the qualifications and none of the disqualifications
2nd Issue: (Rephrased question) Whether I can run for these three (3) positions AT THE SAME TIME?
Answer: No. A candidate can only run for one (1) position under a CoC
According to the Omnibus election Code, a person can only file for one position under his/her Certificate of
Candidacy.
Basis: Omnibus Election Code (BP 881) § 73 & Resolution No. 9984 Rule II, § 1
3rd Issue: What is the effect of three (3) active CoCs?
Answer: You cannot be eligible for any of them.

Basis: Omnibus Election Code (BP 881) § 73
Statement 3. Mayor Rodrigo Duterte and Representative Abigail Binay are still the mayor of Makati
and Representative of Davao respectively.
Issue: Whether they are still officials today?

Answer: Yes, since Omnibus Election Code was repealed by the Fair Election Code.
Since even though the Omnibus Election Code only mentions of President, Vice President, and Senators as
retaining position after filing their CoC, the Fair Election Code EXPRESSLY repealed it in its repealing clauses.
Basis: Fair Election Act § 14 (Repealing Omnibus Election Code (BP 881) § 67)
Statement 4. DOTC Secretary Jun Abaya can still run for governor of Cavite in the May 2016
elections?
1st Issue: He did not file his CoC last August or any CoC for any position?
Answer: Yes. Provided he substitutes a candidate within the same party-list who either died, disqualified, or withdraws. If
it is after Dec 10, 2015 he may only substitute a candidate who has his same surname.
1st Issue: What happens to his position?
Election Law
Answer: Since he is an appointive position he is deemed to have been ipso facto resigned.
Statement 5. If you have a husband (you are married) how it will be indicated in the CoC?
(Assuming we use Clavano as surname with your name: Micah Regalado)
1st Issue: What name will appear in the ballot?
Answer: Female candidates have a discretion to which surname to use as long as it complies with the 30 character limit.
The format is: Last Name (Maiden Surname or Husband’s Surname or combination), First Name, Nickname, and Political
Party, if any.
Basis: Resolution No. 9984 Rule II, § 6
2nd Issue: What are the three (3) options for names assuming also that you are a member of a political party named AP?
Answer: (1) Regalado Micah (AP)

(2) Clavano Micah (AP)
(3) Regalado-Clavano Micah (AP)
Q. Who has the choice in this and how will the choice be indicated?
A. The candidate has the choice and it is expressed through the CoC
Statement 6. There are no candidates today (February 11, 2016)
1st Issue: Whether there are candidates?
Answer: Yes only for national position. A person is considered a candidate upon (1) filing of the CoC; (2) They are not
disqualified; (3) That it is campaign period. The operative fact is the campaign period.
National candidates are already present since their campaign period already started
There are no local candidates since their campaign period has not yet started yet
Basis: Automated Elections Law (RA 9369) § 15 & COMELEC Resolution 10049
Note (Sir said): There is a discrepancy with the COMELEC Resolution and Automated Elections Law
Statement 7. The enumeration of entries in the CoC under Omnibus Election Code and COMELEC
Resolution 994; are all of them material?
1st Issue: What are the only material?
Answer: Not all are material. There are only five (5).
Age
Residency
Literacy
Citizenship
Registered Voter
Basis: Constitution:
President: Art. VII, § 2
Vice-President: Art. VII, § 3
Senator: Art. VI, § 3
House of Representatives: Art. VI, § 6
2nd Issue: What are the other requirements called and why are they called such?
Election Law
Answer: They are only formal requirements (rather than called immaterial). They are called as such since they are only
required for filing.
Statement 8. Immediately after the filing of the CoC, those who filed can ask voters to vote for
them.
1st Issue: When was the deadline of filing of CoC?
Answer: The deadline was on October 12, 2015.

Basis: Resolution No. 9981
2nd Issue: What if you have a motorcade asking for votes?
Answer: Yes it is legal. The court in an MR of the case law (Penierra?) the SC reversed itself. It was stated that under the
Automated Election Law, unlawful acts are only applicable at the start of the election period. Those who prior to election
period solicit votes are not liable.
Basis: (Penera v. COMELEC G.R. 18613 November 2009) – MR version1.
Note (Sir said): Whether we agree or not this is the ruling jurisprudence. So effectively there is no premature campaigning.
Also, there was no hard sell anyway of candidates before the campaign period. There were only EPAL campaigns and they
shy away from “vote for me” but technically under this case, there can be no premature campaign.
Statement 9. A Petition to disqualify a candidate is the caption you use in all cases?
Issue: Are there no other captions?
Answer: No. There are three (3) captions
1) A Petition to Disqualify is used for two (2) instances:

If the candidate did not have the qualifications under the Constitution or Omnibus Election Code
Commission of an election offense
2) Deny Due Course or Cancel the CoC

Another caption is for Material Misrepresentations in CoC where the caption is Petition to.
3) Another caption is Petition to declare a candidate a Nuisance candidate

Basis: Electoral Reforms Law (RA 6646) & Resolution No. 9523
Statement 10. A Petition to Deny Due Course or Cancel the CoC is the proper pleading for Grace
Poe and Mayor Martin Dino (Regional candidate for Duterte)
1st Issue: Whether the petition for Grace Poe correct?
Answer: Yes. Since she was alleged to have misrepresented herself in the CoC.
2nd Issue: Whether the petition was correct for Mayor Martin Dino?
1
Rationale of the court: Under the law, the essential elements for violation of Section 80 of the Omnibus Election Code are: (1) a person
engages in an election campaign or partisan political activity; (2) the act is designed to promote the election or defeat of a particular
candidate or candidates; (3) the act is done outside the campaign period. Under Section 11 of RA 8436, the only purpose for the early
filing of certificates of candidacy is to give ample time for the printing of official ballots. Congress, however, never intended the filing
of a certificate of candidacy before 2 January 2004 to make the person filing to become immediately a "candidate" for purposes other
than the printing of ballots. This legislative intent prevents the immediate application of Section 80 of the Omnibus Election Code to
those filing to meet the early deadline.
Election Law
Answer: It could be. The issue here is whether there was a proper substitution given that he was running for mayor of
Pasay City but he is substituted by Duterte who will run for Presidency. We could say that there is material misrepresentation
since Martin Dino really wanted to run for President, he made a misrepresentation in his CoC (Not really sure about this
answer of Sam Bugay but since he was not corrected by Sir I assume this was correct)
Basis: Omnibus Election Code § 77 & Resolution No. 9984 Rule II, § 19
3rd Issue: What other petition can you file against Dino? Remember he was a former barangay member now he is running
for Presidency.
Answer: It is possible to declare him a nuisance candidate (No explanation)

Statement 11. A Petition to Disqualify a Candidate is the proper remedy for a candidate whose
conviction for libel has become final
1st Issue: Whether libel is an offense that could disqualify a candidate
Answer: No, candidates can only be disqualified if they committed an offense involving moral turpitude. Since libel is an
offense not involving moral turpitude, then the disqualification cannot prosper.
Basis: Omnibus Election Code § 68
2nd Issue: What if it carries with it deprivation of political rights and there is a final judgment? Is the petition correct?
Answer: No. According to the SC, there was a material misrepresentation in this case thus the proper remedy is Deny Due
Course or Cancel the CoC
Note (Sir said): This is a recent case.
Statement 12. In a Petition to Disqualify a Candidate on the ground of commission of an election

offense, the COMELEC division can determine probable cause?
1st Issue: Whether COMELEC can determine probable cause?
Answer: No, for commission of an election offense a petitioner has two (2) options:
1. Disqualification of a candidate on a petition to disqualify
o The petition is filed with the COMELEC division who has jurisdiction over it, so they do not determine
the probable cause
Q: Why not COMELEC en banc at the first instance?

A: Since the issue involves a judicial case not an administrative case (Tama ba ito kasi he contradicted it after a few
seconds).
2. File an election offense case wherein COMELEC en banc, because it is an administrative case
o The COMELEC division will thus determine the probable cause.
Thus the statement is incorrect since the COMELEC division cannot determine probable cause on a petition to disqualify
only in an election offense filed at the COMELEC en banc.
Note (Sir said): Again, remember you have two (2) options depending on the ground of the election offense:
1. COMELEC Division route (aka. The electoral aspect route)
2. Where you file an election offense like any other criminal offense (aka. The criminal aspect route)
Election Law
Statement 13. A district representative who became a permanent resident of US on February 2,

2014. Can he validly run for the forthcoming elections?
Issue: Can he run?
Answer: He cannot run anymore. He lacks the residency required. The residency required for district representatives is
one year. Thus the date of February 2, 2014 is a material aspect in said question.
Basis: Constitution, House of Representatives: Art. VI, § 6
Statement 14. The use of a foreign passport does not necessarily amount to repudiation or
recantation of the Oath of Renunciation
Issue: What is established if you use the foreign passport habitually?
Answer: If the person uses his foreign passport habitually or consistently after the oath of renunciation he can be considered
to repudiate his oath. The habitual use amounts to proof that there is a repudiation of the renunciation.
Basis: (Arnado v. COMELEC G.R 210164 August 18, 2015)
Statement 15. A candidate who has been pardoned can vie for elective office even if the dispositive
portion of the Presidential pardon states: “That the one pardoned is hereby restores his civil and
political rights except his right to run for elective office.”
Answer: No. He cannot run since the dispositive portion is clear in the prohibition.
Basis: (Risos-Vidal v. COMELEC, G.R. No. 206666 21 January 2015)
Note (Sir said): This is not the same case as the Estrada case since in said case only in the WHEREAS clauses can you
find the restriction on Estrada from running for elective office again. That is why the court gave more weight on the dispositive
portion of Estrada case since in said portion, it was stated that he will be given a FULL restoration of his rights.
Statement 16. The incumbent Governor of Laguna can run for Mayor of Paranaque in the May 2016
elections? Assuming also that he can prove he is a resident of Paranaque.
1st Issue: What must he do for him to run for Paranaque?
Answer: He must transfer his residency to Paranaque

Basis: (Limbona v. COMELEC G.R. 186006 16 October 2009) – talks about the requisites2 of transfer of domicile.
2nd Issue: What will happen to his position as Governor of Laguna?
Answer: He will be deemed removed as governor of Laguna because district qualifications are CONTINUING, which the
officer must possess all throughout his tenure.
Basis: House of Representatives: Art. VI, § 6
Statement 17. Vote buying and appointment of public officials committed during the prohibited
period are grounds to disqualify a candidate to COMELEC division at the first instance?
1st Issue: Whether Vote buying is cognizable under the COMELEC Division?
Answer: Vote buying is one of the grounds under Section 68 under Omnibus Election Code for disqualification
Basis: Omnibus Election Law § 68 & (Ejercito v. COMELEC G.R. No. 212398 November 25, 2014) – case talks about
disqualification pursuant to Sec. 68 Omnibus Election Code.
2nd Issue: Whether appointment of public officials committed during the prohibited period is cognizable under the
COMELEC Division?
2
Actual removal; bonafide intention of abandoning; definite acts that correspond to the purpose.
Election Law
Answer: No since it is not a ground under Section 68 of Omnibus Election Code. The list is exclusive so you file at a fiscal’s
office or COMELEC Law Department for an election offense case. Then they will file an information to COMELEC en
banc. The list under Section 68 of Omnibus Election is EXCLUSIVE.
Basis: (Ejercito v. COMELEC G.R. No. 212398 November 25, 2014)
Note (Sir said): If there is an election offense under Sec. 68 there are two (2) options to disqualify:
1. File a disqualification case at the COMELEC Division (Electoral Aspect)
2. File an election offense at the prosecutor’s office or the Law Department who will file the information to the
COMELC en banc.
If the offense is not in the list, then you only have one option (1), you file an election offense case.
Statement 18. A petition to declare a candidate a nuisance candidate can be filed today on the
ground that he has no resources and has poor health
Answer: Can be a ground according to case law.

Basis: (Pamatong v. COMELEC G.R. No. 161872 April 13, 2004)
Statement 19. A petition to disqualify a candidate can still be filed at May 10, 2016?
1st Issue: When you file a petition to disqualify what are you assailing?
Answer: You are assailing their qualifications for the position or that they committed an election offense.
Basis:
2nd Issue: So when is the deadline?
Answer: Anytime before proclamation. So provided there is no proclamation for the particular candidate.
Basis: Resolution No. 9523 Rule 25 § 3
Statement 20. A Common law wife who is not a lawyer who uses the surname of common law
husband at the CoC and represents that she is a lawyer her CoC should be cancelled
1st Issue: Representation of the common law wife can be a file to cancel CoC?
Answer: No, jurisprudence shows that the use of common law wife of surname of husband in good faith was deemed to
have been upheld since material representation.
Basis: (Salcedo v. COMELEC 312 SCRA 447)
2nd Issue: So what are the requisites for Material Misrepresentation?

Answer: Three (3) requisites:
1. Material
2. Intent or Deliberate
3. Willful
Basis: (Tecson v. COMELEC 424 SCRA 277)
Note (Sir said): This could be a case for falsification since this was done under Oath. However since this is not a material
misrepresentation, then not a ground for disqualification.
Statement 21. A candidate for district representative that indicates that she is a resident of
Tacloban city for 7 months prior to Election Day, can be allowed to run for said position.
Answer: It depends, according to the Marcos case where Imelda was allowed to run as a candidate by the SC despite
lacking in number of months according to her CoC, the SC said that it depends on whether she possess the qualifications.
What is important is the qualifications rather than the entries in the piece of paper.
Basis: (Imelda-Romualdez v. COMELEC G.R. No. 119976 September 18, 1995)
Election Law
Statement 22. The proclamation of the candidate renders moot all pending petition to disqualify
the candidate.
1st Issue: What is the effect to the pending petitions?
Answer: Not yet moot, since the proclamation cannot deem moot the petition
Basis Resolution No. 9523 Rule 25 § 5
2nd Issue: Can a candidate be disqualified after proclamation?
Answer: Yes, according to the Government Ejercito of Laguna case.

Basis: (Ejercito v. COMELEC G.R. No. 212398 November 25, 2014) – read the case since wala sa reviewer
3rd Issue: Assuming you are a candidate and you know you are about to lose and you file a disqualification case to the
most likely to win candidate, what can you do?
Answer: You file under RA 7166 a motion to suspend showing that the evidence of guilt is strong. This would hopefully
convince the COMELEC to suspend the proclamation.
Basis Resolution No. 9523 Rule 25 § 3 (I checked RA 7166 it only talks about suspension of canvass so I think Resolution
No. 9523 is more proper as it has the “EVIDENCE OF GUILT IS STRONG” aspect)
Statement 23. Proclamation amounts to condonation of offenses committed administratively and

criminally.
Answer: No, according to Carpio v. Binay, this does not amount to condonation of past offenses. However in case of Binay,
it was allowed for such exceptional instance ONLY IN THIS INSTANCE OF BINAY. In the past a proclamation amounted
to condonation of administrative cases. In present, there is no more condonation in both instances.
Basis: (Carpio-Morales v. Binay G.R. No 217216-27 November 10, 2015)
Statement 24. You can file any of the four (4) petitions
Answer: No, not all:

Petition to Disqualify – YES since any citizen or registered voter or registered political party can file
Petition to Declare a Candidate Nuisance – NO, only candidates in said position can file against their co-
candidates for being nuisance.
Petition to Cancel or Deny Due Course – YES since any citizen or registered voter or registered political
party can file
Petition to Disqualify on ground of election offense – YES since any citizen or registered voter or registered
political party can file
Basis: Resolution No. 9523
Statement 25. Certificate of Candidacy can still be filed today even on May 9, 2016
Answer: It depends, since the deadline for substitution of candidates was December 10, 2015 (For withdrawal). However
for death and disqualification, it is on 12 noon of May 9, 2016.
Statement 26. Presidential Candidate Seneres passed 2 days ago can he be substituted by
anyone.
1st Issue: Can he be substituted?
Answer: No, since he withdrew his CoC before he passed away. So the deadline was on Dec. 10 2015.
2nd Issue: Assuming he did not withdraw and the one who wants to substitute is a relative?
Election Law
Answer: Yes, provided that the relative has the qualifications and none of the disqualifications for the position aspired and
a part of the same political party.
Statement 27. Vice President Binay, DILG Sec. Mar Roxas, and Senator Grace Poe can be
substituted by their running mates for Vice President.
1st Issue: Can Binay and Mar Roxas be substituted by their running mates?
Answer: Yes, provided the persons are within their political party.
2nd Issue: Can Grace Poe be substituted by her running mate as Vice-President Chiz Escudero?
Answer: No, since Grace Poe is an independent candidate thus cannot be substituted
Statement 28. Mayor Duterte can substitute for Mayor candidate Martin Dino, who is under the
same party.
1st Issue: Can there be a substitution?
Answer: No, since Martin Dino is running as a Mayor of Pasay. Assuming that he is running for President then it is still
improper since he did not withdrew, was not disqualified, or did not die.
2nd Issue: Assume that Martin Dino withdrew before Dec. 10, 2015 and he was substitution before Dec. 10, 2015?
Answer: Yes, the substitution was proper.

3rd Issue: Assume that Martin Dino has a petition to declare him a nuisance candidate can he be substituted? Assume that
it was just filed and he withdrew, is that possible?
Answer: Yes, since he was not yet declared a nuisance and his withdrawal renders the case moot and academic.
Basis: (Fermin v. COMELEC G.R. No. 179695 December 18,2008) – though this talks about Disqualification and
Cancellation of CoC since wala sa book specifically nuisance (p. 23 Reviewer)
4th Issue: Assume that Martin Dino was declared a nuisance candidate?
Answer: No, since the law does not provide for a substitution for a nuisance candidate.
Statement 29. A candidate subject of petition to disqualify cannot be substituted. Remember

there are two grounds of petition to disqualify (Grounds: Qualification and Election Offense)
Answer: It depends on each case:

1. Petition to Disqualify on Ground of Lack of Qualification - NO
Since you are not a candidate from day one.
This includes the fact that you exceeded the term limits
2. Petition to Disqualify on Ground of Commission of Election Offense – YES
Since you possessed the qualifications but simply committed an offense.
Basis: (Fermin v. COMELEC G.R. No. 179695 December 18,2008) (p. 28-29 of Reviewer NOT p.23)
Statement 30. A Mayoralty candidate who withdraws his CoC can substitute for a Presidential
candidate because? And said Mayoralty candidate can be substituted by his daughter.
Election Law
Answer: Yes provided the Presidential aspirant has all the qualifications and none of the disqualification for the Presidential
position and in he is also in the same political party as the to-be-substituted candidate. The daughter also must comply with
the requirements, it was filed within the period provided for substitution, and that they are from the same political party.
Basis: Case of Digong Duterte, Martin Dino, and Former Mayor Sarah Duterte. (Transcript)
Note (Sir said): In the past a regional candidate cannot substitute for a local candidate under COMELEC resolution. There
is no law about this. But now it was not implemented. We do not know if it is inadvertence, purposively done or whatever
since I do not know.
Statement 31. A candidate nominated two (2) registered political parties can be substituted.
Assuming that the candidate has two (2) CONAs (for political party) then.
Answer: No, since if that is the case, the resolution treats her as an independent candidate.
Basis: Resolution No. 9984 Rule I, (D) § 12
2nd Issue: Assuming that the 2 political parties are part of a coalition, can there be a substitution?
Answer: Yes, since the two parties are considered then one political party.
Basis: Resolution No. 9984 Rule I, (D) § 12
Statement 32. Vice mayor becomes the mayor, when the latter was disqualified after
proclamation on the ground that he committed an election offense and he was not a resident of
the locality.
Answer: It depends on the election offense.

1. Commission of Election Offense – YES, since we follow the rule of succession.
2. For Lack of Qualification, Material Misrepresentation or Nuisance – NO, since we treat the votes of the
winning candidate as stray votes thus the 2nd placer will be the one to succeed.
Basis: Resolution 9523
Statement 33. The House Speaker can refuse to enter the name of 2nd placer when the
incumbent is declared ineligible.
Answer: Yes, since this is a case of lack of qualification thus the 2nd placer should be declared the winner. The 2nd placer
can compel via mandamus the Speaker since it is his duty to declare said candidate.
Basis: Case of son of Justice Presbeterio Velasco (Transcript)
SESSION 6: CAMPAIGN AND ELECTION PROPAGANDA
Statement 1. Mayor Olivares of Paranaque cannot campaign at the start of the campaign period
and a day before the campaign period.
1st Issue: Can he campaign at the start of the campaign period?
Answer: Yes he can. But take note that the start of the campaign period for local officials this year is March 25 which is a
Good Friday, therefore it is prohibited by the COMELEC.
Basis: Sec. 5, RA 7166.
2nd Issue: Can he campaign a day before the campaign period?
Answer: Yes, case law provides you can since you are not yet considered a “candidate.”
Election Law
Basis: Section 15 of Republic Act No. 9369 - A candidate is “any person who files his certificate of candidacy within this
period shall only be considered as a candidate at the start of the campaign period for which he filed his certificate of
candidacy.” Thus, under the law, a person only becomes a candidate when he/ she has filed a certificate of candidacy and
when the campaign period has commenced. One is not a candidate, despite having filed a certificate of candidacy, before
the start of the campaign period. The law added, “unlawful acts or omissions applicable to a candidate shall take effect only
upon the start of the aforesaid campaign period.” (Penera v. Comelec, GR No. 181613, 25 November 2009).
Election Law
Statement 2. Photo.
Issue: Are these campaign materials?
Answer: Under the law, it is not a campaign material but an election propaganda. A campaign material is any material
used to promote the election or defeat of a candidate.
Q: Are these election propaganda as defined by Comelec Resolution 10049?

A: Yes. A propaganda is any a graphical representation that is capable of being associated to the candidate exclusively
used to draw the attention of the public to promote or defeat the candidate. Intent is immaterial.
Q: Can this be removed by MMDA under OPLAN Baklas?
A: There lies the problem.
Q: By ordinary citizens?
A: Yes if they are offensive, contrary to public morals, etc. provided they get permission from COMELEC.
Basis: Comelec Resolution 10049.  
Statement 3. Photo.
Issue: Is this a campaign material?
Election Law
Answer: No, this is not considered as “campaigning.” This is a social advocacy; it doesn’t have to follow the size
requirements.
Q: Can MMDA go inside Ateneo and remove it?

A: No they cannot since it is private property.
Basis: Regulation of election paraphernalia will still be constitutionally valid if it reaches into speech of persons who are
not candidates or who do not speak as members of a political party if they are not candidates, only if what is regulated is
declarative speech that, taken as a whole, has for its principal object the endorsement of a candidate only. The regulation
(a) should be provided by law, (b) reasonable, (c) narrowly tailored to meet the objective of enhancing the opportunity of
all candidates to be heard and considering the primacy of the guarantee of free expression, and (d) demonstrably the
least restrictive means to achieve that object. The regulation must only be with respect to the time, place, and manner of
the rendition of the message. In no situation may the speech be prohibited or censored on the basis of its content. For this
purpose, it will not matter whether the speech is made with or on private property. (Diocese of Bacolod v. COMELEC)
Statement 4. Photo.
1st Issue: Is the top photo allowed?
Answer: No, such are only allowed for in public common areas or private establishments if the owners give you
permission.
Basis: Sec. 12, RA. 9006 - Candidates and party-list groups may post any lawful campaign materials in.
a. Authorized common poster areas in public places as provided in the following Section;
and
b. Private places with the consent of the owner
2nd Issue: Is the bottom photo allowed?
Answer: Assuming there is a waiting shed, then it will not be allowed sine it is not a poster area. If not, the following are
required inscriptions:
Name and address of the candidate benefited
Name and address of the payor 
Whether it is printed free of charge 
That it was printed on recycled materials
Size 12 x 16, color contrast
Basis: RA 9006, Sec. 4.
Election Law
Statement 5. As counsel of Duterte, defend this against a petition to disqualify.
1st Issue: Is this allowed during campaign period?
Answer: No, it does not contain the required inscriptions.

Basis: RA 9006, Sec. 4
2nd Issue: What are your possible defenses?
Answer: These are the possible defenses:

It was distributed prior to campaign period
Posted by private individuals
Freedom of expression
Duterte does not know about it
Statement 6. A 3x8 campaign poster is displayed outside your house along the perimeter of your
fence and public utility buses.
1st Issue: Is this allowed?

Answer: No. The poster must be 2x3 feet.
Basis: RA 9006, Sec. 3.3, Omnibus Election Code Sec. 82 (c)
Q: What can you display outside your house assuming it is out of your own initiative?
A: 8.5 x 14 printed materials and 2x3 posters. If beyond this measurement, not allowed.
Basis: Sec. 3.1, Republic Act No. 9006/ Sec. 82, Omnibus Election Code
Q: Can you display campaign materials along the body of a PUV?

A: Yes.
Q: Can you display 3x8 streamer on the side of the bus? (Sec. 3.3, Republic Act No. 9006).
A: Yes but during rallies only.
Basis: Sec. 82, Omnibus Election Code - Cloth, paper or cardboard posters, whether framed or posted, with an area
exceeding two feet by three feet, except that, 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 three feet by eight feet in size, shall be allowed: Provided,
That said streamers may not be displayed except one week before the date of the meeting or rally and that it shall be
removed within seventy-two hours after said meeting or rally; or
Statement 7. Non-removal of said 3x8 campaign poster outside your house can be the basis of a
petition to deny due course or cancel the COC of a candidate.
1st Issue: Should the poster be removed?
Answer: Yes, it is an illegal material. If not removed, it will be an election offense.

Q: When should it be removed?
Election Law
A: If the owner of the house did not consent, 3 days after notice from election officer. Non-removal will create a rebuttable
presumption but is not conclusive.
Basis: Comelec Resolution 10049
2nd Issue: Is the petition correct?
Answer: No, it should be a petition to disqualify.

Basis: Grounds for disqualification: (e) violated any of Sections 80, 83, 85, 86 and 261, paragraphs d, e, k, v, and cc,
subparagraph 6, shall be disqualified from continuing as a candidate, or if he has been elected, from holding the office. Any
person who is a permanent resident of or an immigrant to a foreign country shall not be qualified to run for any elective
office under this Code, unless said person has waived his status as permanent resident or immigrant of a foreign country in
accordance with the residence requirement provided for in the election laws.
Statement 8. A 5x10ft tarpaulin displayed 10 days before a lightning rally.
1st Issue: Is this allowed?
Answer: No, it can only be placed 5 days before the rally.

Basis: Sec 9, RA 9006 - Cloth paper or cardboard posters, whether framed or posted, with an area not exceeding two (2)
feet by three (3) feet; except that, at the site and on the occasion of a public meeting or rally, streamers not exceeding
three (3) feet by eight (8) feet in size, shall be allowed: Provided, That said streamers may be displayed five (5) days
before the date of the meeting or rally and shall be removed within twenty-four (24) hours after said meeting or rally.
2nd Issue: What are the requirements needed?
Answer: The following are required:

Permit from the local government
Inform the election officer 3 working days before 
Report all expense to the election officer 7 days after the rally
o Lightning rally presuppose a sporadic, no permit rally  
Basis: Omnibus Election Code, Sec. 87
Statement 9. Volunteers gave free but unreceipted food and drinks during the rally.
1st Issue: When can you give out food and drinks?
Answer: You cannot give food and drinks during the rally. You cannot do this within 5 hours before and after the rally.
Basis: It is unlawful to give or accept transportation, food, drinks or things of value within 5 hours before and after a public
rally, before Election Day and on Election Day (Sec. 89, Omnibus Election Code).
Q: Can you argue that this is donated there no need to account?

A: Yes.
Q: Do you need to account even if those are donated?
A: Yes.
Q: Does the candidate need to agree to the donation?
A: Yes, in written form.
Q: Does this form part of the 5, 3, 10 pesos?
A: Yes.
Statement 10. A reelectionist mayor can give out basketballs with his name this summer.
Issue: Is this allowed?

Answer: It depends. If intended for campaign, not allowed. It may be allowed if otherwise. 
Q: Is it correct say that in this case, our election law favor incumbents?
A: Perhaps. What is the defense? Governance. Not all acts of beneficence are presumed to be campaigning.
Election Law
Statement 11.   Photo.
1st Issue: Are these prohibited?

Answer: No, not anymore. The Fair Election Act expressly repealed the Omnibus election Code. However, you still need
to ask permission from COMELEC. You must file a petition and publish such.
Basis: Formerly Sec. 85 (C) of Omnibus election Code.
Statement 12.   Photo outside the headquarters.
1st Issue: How many headquarters can you have?
Answer: One per province and one per highly urbanized area.
2nd Issue: Does this follow the requirements?
Answer: No. Remember:

Posters (2x3)
Stickers (8.5x14)
One 3x8 signboard 
Basis: Omnibus Election Code, Sec. 82 (c)
Q: What could be the defense of Grace Poe?

A: This was pre-campaign period and she was not notified of the posting of such.
Election Law
Statement 13.   TV Ad of Binay.
Issue: What are the requirements for this to be valid?
Answer:
Comply with 120 minutes airtime per station
Name and address of the candidate benefited
Name and address of the payor 
Whether it is printed free of charge 
That it was printed on recycled materials
Size 12 x 16, color contrast
Such notices must be visible during the entire duration of the commercial
Basis: RA 9006, Sec. 6.2
Note: If before Feb. 9, not counted in the airtime since campaign period has not started.
Q: What could his defense be?
A: It aired prior to effectivity of resolution.
Statement 14.   Photo.
Issue: Is this allowed?
Answer: Yes because it is not a print campaign ad. It is news therefore not included in print, TV or radio ads. If a print
campaign ad, must follow requirements:
1⁄4 of the broadsheet
1⁄2 of the tabloid
3x a week 
Election Law
Statement 15.   Last February 9, a full-page advertisement was published in Philippine Star
decrying Martial Law, and showing a picture of Sen. Bongbong and his parents.
1st Issue: Does Bongbong have any cause of action?
Answer: He has a right to reply 36 hours from the first release. Must be of the same size and in the same page.
Q: Do you think it is a campaign material?
A: Yes. You are telling the public not to vote for him therefore it is a form of campaigning. You have to comply with the
required inscriptions.
Basis: RA 9006, Section 10.
Statement 16.   Movie poster.
Issue: Can this be shown today?
Answer: Yes, because the ban starts on campaign period which is still on March 25.
Q: Can it be shown on March 27, on Easter Sunday?
A: It depends. What the law bans is the public exhibition. If it is privately shown, it will be allowed.
Statement 17.    Sample ballots can be distributed on election day.
Issue: Can sample ballots be distributed on Election Day?
Answer: No, only during the campaign period and up to May 7 only.
Q: How many ballots can you print and what is the size requirement?
A: COMELEC has not ruled on the matter yet but they can rule on the matter.
Statement 18.    Presidents of Jollibee and Aboitiz Power donated to a gubernatorial candidate.
Issue: Is this allowed? What does the Corporation Code say?
Answer: Corp Code says it is not allowed. But the president of Jollibee can donate in his private capacity.
Q: If Jollibee as a corporation donated, what is your defense?
A: That it is not for campaign purposes.
Basis: Omnibus Election Code, Sec. 95 (h)
Statement 19.    You will advise Manny Pacquiao not to push through with his boxing fight against
Bradley on April 9.
Issue: Will you do this or not?
Election Law
Answer: It depends. You can argue that this will not go beyond the airtime limit even if it is 12 rounds.
Q: What type of boxing event or beauty pageant is prohibited?
A: It is prohibited if the purpose if fundraising and campaign purposes. Otherwise, it will be allowed.
[Continuation of questions on 2nd meeting]
Statement 20. Commissioner Assuming there are 57 million voters nationwide, and in Pulilan
Bulacan, there are 50k voters. The presidential and mayoralty can spend a max of 285M and 185K
respectively.
1st Issue: How much can the Presidential Candidate spend?

Answer: Candidate can spend PhP 570 million nationwide.
Basis: PhP 7-10 per voter for Presidential candidate. Regardless if party-list member or not
2nd Issue: How much can the Mayoralty Candidate spend?

Answer: 250K if independent candidate, 150K if a party-list member
Basis:
5 pesos per registered voter for locality if mayoralty candidate is independent.
3 pesos per voter for locality if mayoralty candidate is a member of a party and being supported by the party.
Statement 21. Said mayoralty candidate has no defense if she spent PhP 300k or claims that the
P50K is donated by friends or the political party.
Issue: True or False? What are expenses not covered by the cap?
Answer: False
The following are not covered by the cap:
Printing sample ballots
Photocopy and classify list of voters
Paying for lawyers
Basis: Can’t find the basis in reviewer or statutes.
Statement 22. The President of the Republic, an incumbent governor, Filipino citizen naturalized in
the US, public school teacher, DPWH Bureau Chief, Secretary, CAN campaign for Mar Roxas.
Issue: Who can/cannot campaign for Mar Roxas?

Answer: Only the Secretary can campaign. The following may not:
Naturalized citizen cannot campaign (foreign citizen)
Public school teacher (government employee)
DPWH Bureau Chief cannot campaign (civil service)
Basis: Omnibus Election Code, Sec. 71, Sec. 95 (f) (g) (h) ?
Statement 23. Failure to file the statement of contributions and expenditures will result in
imprisonment and non-assumption into office.
1st Issue: Is the penalty of imprisonment correct?

2nd Issue: Is the penalty of non-assumption into office correct?
Answer: Imprisonment is not correct, non-assumption is correct. The correct penalty is fine and perpetual disqualification
to hold office for subsequent offenses.
Basis: Sec. 14, Republic Act No. 7166
SESSION 7: POSTPONEMENT AND FAILURE OF ELECTIONS, PARTY-LIST, POLL WATCHERS
Statement 1. The COMELEC chairman can reschedule the elections in certain areas if there is no
power supply and due to the late arrival of ballots and counting machines.
Election Law
1st issue: Who can reschedule or postpone?
Answer: COMELEC En Banc
2nd issue: Why not Division?
Answer:
1. Expressly provided in RA 7166
2. This is administrative in nature, not judicial.
3rd issue: On what grounds?
Answer: Serious causes such as violence, loss of election paraphernalia, force majeure, and other analogous causes
Basis: Sec. 5, Omnibus Election Code
Statement 2. The COMELEC Gunshots were fired and violence can be the basis for postpone ten
or failure of elections.
1st issue: Can this be the basis of postponement?
Answer: Yes, provided that it must be serious and will render it impossible to have an honest, open, peaceful election.
Such ground must exist not later than 5pm of Election Day.
2nd issue: Can this be the basis of failure of election?
Answer: Yes, provided that it will result in the failure to elect and it will materially affect the results of the election.
Grounds must exist anytime prior to proclamation.
Statement 3. The A Petition to declare Failure of elections for all elective positions was filed by a
mayoralty candidate on the ground that she got 0 votes in 2 precincts.
1st Issue: Does the mayoralty candidate have legal standing to file failure for all elective positions in the national
election?
Answer: If the failure would result in a material effect to the results of the election.
2nd Issue: In regard to the local election?
Answer: She has standing to file for other positions if the failure would result in a material effect to the local election.
3rd Issue: In regard to the mayoral election?
Answer: She has the standing to file. Incurring zero votes is not a ground for failure of election. It can be a ground if it exists
in conjunction with the other grounds for failure.
Basis: Omnibus Election Code, Sec. 6, Velayo v. COMELEC, 327 SCRA 713), Sec. 243, Omnibus Election Code; Sec. 16,
Republic Act No. 7166). (p. 66 of reviewer)
Statement 4. The transfer of the venue of the transmission of the results from the VCM was
ordered by the Chair of the Board of Election Inspectors can be the basis for the postponement of
elections.
1st Issue: Can it be a basis for the postponement of elections?
Answer: If on account of violence or similar causes it becomes necessary to transfer the counting of the votes to a safer
place, the board of election inspectors may effect the transfer by unanimous approval of the board and concurrence of a
Election Law
majority of the watchers present. If you don’t follow the requirements, and it will materially affect the outcome, it is a ground
for failure of election.
Basis: Sec. 18, Republic Act No. 6646
Statement 5. There were 50 flying voters who were allowed to vote. This was raised during the
canvassing by you as a paralegal. The lead of the other candidate is just 25 votes. Is there a cause
of action?
1st Issue: Can this be a basis for failure?

Answer: It can amount to fraud and it can materially affect the outcome.
Basis: Robes v. COMELEC, 123 SCRA 193; Allarde v. COMELEC, 159 SCRA 632; Lucman v. COMELEC, 462 SCRA
299) (p. 69 of reviewer)
Statement 6. COMELEC En Banc can motu proprio declare a failure of election and cause the
holding of special elections on the 60th day.
1st Issue: Can COMELEC En Banc declare failure of election?

Answer: No, they can only declare postponement of election but not failure on this ground.
2nd Issue: Can special elections be held on the 60th day?
Answer: No. express provision provides 30 days. However, case law provides that it is possible beyond 30 days.
Basis: Sec. 6, Omnibus Election Code; Pangandaman v. COMELEC
Statement 7. A political organization registered with the SEC can field a poll watcher.
Issue: Must a political organization be registered with SEC to field a poll watcher?
Answer: NO. A political party must be registered with the COMELEC in order to appoint a poll watcher.
Q: What is the effect if you’re registered with the SEC?

A: You have juridical personality and acquire rights under the corporation code. To acquire the rights and benefits under
election laws, you have to be registered with the COMELEC.
Q: When do you use the term accredited?
A: When you’re talking about party list
Statement 8. The matter of the expulsion of a party member is cognizable by the COMELEC En
Banc and not a COMELEC division.
Issue: Can COMELEC En Banc or Division take cognizance of this matter?
Answer: As a general rule, it is not cognizable by the COMELEC En Banc or Division since it is primarily a matter within
the party. It has to be settled within a party.
Exception based on case law:
o If the dispute involves matters external to the party or if necessary in the discharge of its constitutional
functions
Basis: The validity or invalidity of the expulsion of a political party’s officers is purely a membership issue that has to be
settled within the party. It is an internal party matter over which COMELEC has no jurisdiction. It may intervene in disputes
internal to a party only when necessary to the discharge of its constitutional functions, such as resolving an intra party
leadership dispute as an incident of its power to register political parties (Atienza v. COMELEC, G.R. No. 188920, 16
February 2010). COMELEC has jurisdiction to resolve the issue of leadership of a political party (Alcantara v. COMELEC,
G.R. No. 203646, 16 April 2013).
Statement 9. The determination of two factions or wings of one party is within the jurisdiction of
the COMELEC en Banc.
Issue: Does COMELEC En Banc have jurisdiction over determination of factions or wings of a party?
Election Law
Answer: No, generally it is an internal matter which must be determined by the party.
Except if it involves the qualifications of the candidate.
Q: What is the effect of 2 factions on the qualifications of the candidate?
A: A party can only field one candidate per position. If it cannot be determined, they cannot field any candidate.
Basis: The determination of disputes as to party nominations rests with the party, in the absence of statutes giving the court
jurisdiction. Where there is no controlling statute or clear legal right involved, the court will not assume jurisdiction to
determine factional controversies within a political party, but will leave the matter for determination by the proper tribunals
of the party itself or by the electors at the polls. (Sinaca v. Mula, G.R. No. 135691, 27 September 1999)
Statement 10. There are favored political parties in the Philippines (which have more rights and
privileges than others) and therefore violative of the equal protection clause.
Issue: Are there favored political parties? How many and who are they?
Answer: Yes, there are 14. There are the following:

The dominant majority
Dominant minority
10 major political parties
2 major local parties
Q: Why are they favored?

A: By being branded as such, they will be entitled to election returns and certificates of canvass. Their poll watchers will be
nearest the teachers.
Q: Does this violate the equal protection clause?
A: Yes.
Statement 11. COMELEC has wide discretion and can motu proprio determine which party is the
dominant party.
1st Issue: Does COMELEC have wide discretion?
Answer: No, there is a set criteria.

Established record of the said parties, coalition, of groups that now composed them, taking into account, among
other things, their showing in past elections;
The number of incumbent elective officials belonging to them 90 days before the date of election;
Their identifiable political organizations and strengths as evidenced by their organized chapters;
The ability to fill a complete slate of candidates from the municipal level to the position of the President (Senators);
and
Other analogous circumstances that may determine their relative organizations and strengths.
Basis: Comelec Resolution 9611 (not sure)
2nd Issue: Can it be done motu proprio?
Answer: No, there must be an application.

Basis: (can’t find)
Statement 12. Grace Poe can be entitled to deploy poll watchers and they can demand copies of
the election returns.
Issue: How many poll watchers can Grace Poe have?
Answer: Poe can have one poll watcher in every polling place because she is a candidate. However, she can appoint more
than one, provided that only one can serve at a time.
Election Law
Basis: Sec. 48 Omnibus Election Code - Candidates may appoint two watchers each, to serve alternately, in every polling
place within the barangay, who shall be furnished with a signed copy of the results of the election, in such form as the
Commission may prescribe, immediately after the completion of the canvass.
Statement 13. You can be a watcher in somewhere where you’re not registered.
Issue: True or false?
Answer: False. There are qualifications. You must be:

A registered voter in the city or municipality comprising the precinct in which he or she is assigned.
He or she should have a good reputation.
The assigned poll watcher should have no election offense, haven’t been convicted of any crime.
He or she should know how to read and write Filipino, English or any of the local dialects.
The poll watcher should not be related to any candidate within the fourth civil degree by consanguinity or affinity
to the chairman or to any other member of the BEI in his assigned polling precinct.
Basis: Sec. 178, Omibus Election Code - Every registered political party, coalition of political parties and every independent
candidate shall each be entitled to one watcher in every polling place. No person shall be appointed watcher unless he is a
qualified voter of the city or municipality, of good reputation and shall not have been convicted by final judgment of any
election offense or of any other crime, must know how to read and write Pilipino, English, Spanish or any of the prevailing
local dialects, and not related within the fourth civil degree of consanguinity or affinity to the chairman or any member of the
board of election inspectors in the polling place where he seeks appointment as a watcher.
Statement 14. You are a poll watcher. The chairperson of the BEI can authorize you to distribute
the ballots and can also reject any challenge you can make.
1st Issue: Can BEI designate you to distribute ballots?
Answer: No. The following are the rights of watchers:

To stay inside the precinct
To inform themselves of the proceedings
To file a protest against any irregularity
To obtain a certificate of the number of votes cast for each candidate.
2nd Issue: Can BEI chair reject any challenge you make?
Answer: Yes, BEI chairperson may reject. Any challenge or protest however must be recorded.
Basis: Omnibus Election Code
Statement 15. Watchers have a say if the venue for the counting will be transferred due to actual
violence.
Issue: Can the watchers have a say?
Answer: Yes, but must be unanimous by the BEI and the majority of the watchers who are present. It also applies if there
is imminent danger. However, if there is actual violence, consultation may be dispensed with already.
Basis: If on account of violence or similar causes it becomes necessary to transfer the counting of the votes to a safer
place, the board of election inspectors may effect the transfer by unanimous approval of the board and concurrence of a
majority of the watchers present (Sec. 18, Republic Act No. 664
SESSION 8: AUTOMATED ELECTION LAW
Statement 1. Can the oversight committee declare void the actions of the COMELEC
ISSUE: What’s power of the oversight committee under the law
Election Law
ANSWER: The Oversight Committee seeks to make sure that the law they created is properly carried out and to review for
possible amendments. The committee cannot encroach upon the powers of the COMELEC—since they have merely
advisory and recommendatory powers
BASIS: Automated Election Law, Section 33
Statement 2. Comelec may dispense of paper ballots and (2) can automate from voting to
proclamation
1st Issue: Can Comelec dispense with paper ballots?
Answer: Yes, Comelec may dispense of paper-ballots. Under the AES, we can use a paper based system or direct
recording system
2nd issue: Can Comelec automate from voting to proclamation?
Answer: No, we cannot automate from voting to proclamation. We can only automate from voting, counting, canvassing
and transmission. We CANNOT automate proclamation.
BASIS: Automated Election Law, Section 2 and Section 5
Statement 3. You can be a member of the BEI or (2) Board of Canvassers having (3) services for
free
1st issue: Can you be (a law student) a member of the BEI?
Answer: You can be a Member of the BEI only for Plan C since first you have to be (1) public school teacher in their
absence (2) private school teacher (3) person with known probity. One member should be an Information Technology
capable person.
BASIS: Comelec Resolution 10031, Section 3
2nd issue: Can you be (a law student) a member of the BOC?
Answer: No, you cannot be part of the Board of Canvassers since you are not one of the identified officials. It is the Comelec,
Treasurer or Prosecutor. They are paid 10,000 PHP
3rd issue: Can they render service for free?
Answer: No, you cannot serve for free. They have to be paid 1,000 PHP for 3 days.
Statement 4. The BEI can (1) campaign and (2) not allow illegal voters or (3) those who are
challenge on the basis of illegal acts (vote-buying, vote-selling, inducing) to vote
1st issue: Can BEI campaign?
Answer: No, the BEI cannot campaign since they are under the CSC. They are also expressly prohibited from doing so
under the OEC.
BASIS: OEC
2nd issue: Can they allow (challenged) illegal voters to vote
Answer: Yes, illegal voters may be allowed to vote provided they are properly identified by the BEI
3rd issue: Can they challenge on the basis of illegal acts?
Answer: Persons who committed illegal acts may be allowed to vote provided they swear under oath that they have not
committed any of the acts.
Election Law
Statement 5. (1) BEI can cause the arrest of a voter who enters the polling place and (2) at 12nn
the BEI chair that you and 20 other voters have not yet voted.
1st issue: Can BEI cause the arrest of a voter?
Answer: No, they cannot arrest a voter since they will be prevented from voting. The same way a peace officer may not
arrest a voter inside the polling place since it will interrupt the proceedings.
BASIS: OEC, Comelec Resolution 10031, Section 10
2nd issue: Can BEI chair declare 20 voters have not yet voted (status report)
Answer: NO, the COMELEC may not. They are also prevented by the Omnibus Election Code to do so since no status
report, by the BEI, shall be allowed before closing of the votes.
BASIS: OEC, Comelec Resolution 10057
Statement 6. When you enter the polling place what to you do?
Answer:
(1) You have to look for your name
(2) You go to the precinct, approach the BEI
(3) BEI will check your identification and presence of indelible ink
(4) BEI chair will announce your name. Maybe someone will challenge that you are an illegal voter
(5) If none, BEI Chairperson will then give you a folded ballot.
(6) You go to chair, and then vote—to ensure the secrecy you have the ballot secrecy folder
(7) Intentional tearing—spoiled ballot, if NOT, they you are allowed to replace the ballot
(8) After voting, you go to BEI and feed you ballot to the VCM without showing
(9) Ballot will go to the box
(10) BEI will place indelible ink in your right index finger
(11) You have to leave immediately right after—you cannot stay and linger—such they are provided by law (OEC)
BASIS: AES, OEC (I really have no idea where the whole process was taken but I think its bits and pieces from these laws
Statement 7. As poll watcher what will you do if you see a (1) police officer, (2) a mayor and (3) a
candidate inside the polling place
1st issue: Are they allowed inside the polling place:
Answer: They are all allowed they are voting or just voted otherwise they are not allowed to be inside the polling place.
BASIS: DUH! Right of Suffrage
2nd issue: Is there an exception?
Answer: Exception is the police officer, if the BEI has grounds to believe that there will be a disruption and problems in
security. They may via vote and in writing allow the police officers to stay in the polling place. They may stay inside, if there
is actual disturbance. If imminent 30 meters outside
Statement 8. The provisions in the (1) marked ballots, (2) stray ballots, (3) spoiled ballots; (4)
excess ballots and (5) rules of appreciation have become irrelevant by the automated election.
Issue: How do we appreciate all of these now in the light of the Automated Election Process
ANSWER:
(1) Marked Ballots—theoretically, possible, depending on the marking they can be read (on the source code)
(2) Stray Votes—No stray votes
(3) Spoiled Ballots—Yes, it can happen, accidental tearing only once replaced
(4) Excess Ballots—theoretically, can happen when teacher themselves fed 10 extra ones
Election Law
(5) Rules of Appreciation (names when misspelled)—NO more because our voters no longer write the names
(6) Unused Ballots—Yes, not everyone will vote
BASIS: ALL SIR EVERYTHING! AES
Statement 9. Comelec refuses to issue voting receipts (already over-turned by the SC ruling)
ISSUE: Can Comelec refuse to issue a voting receipt?
ANSWER: NOT obliged to be issued voting receipts, although, under the AES, this is one of the minimum system
capabilities. BUT ALREADY OVERTURNED BY THE SC DECISION
BASIS: SC decision, AES
Statement 10. Comelec may purchase from smartmatic, a foreign corporation, the VCM and allow
our elections to be supervised by the corporation
ISSUE: Can Comelec purchase from a foreign corporation and allow them to supervise our election system
ANSWER: Yes, the COMELEC may. It is not a subjugation of COMELEC powers. Since the COMELEC has control and
supervision over the whole proceeding.
BASIS: Constitution, Powers of the Comelec
Statement 11. The Source Code, VCM, CCS, EMS refer to the same thing
ISSUE: Do all of these statements pertain to the same thing?
ANSWER: NO, They do not pertain to the same thing.

(1) VCM—Vote Counting Machine—source code for voting, counting transmission to the CCS
(2) CCS—Consolidate Canvassing System—consolidates what has been transmitted
(3) EMS—Election Management System—Pertains to everything, as in, the whole proceeding
Statement 12. Comelec denies the request of Grace Poe for her representatives to check the (1)
source code and (2) ballot printing
1st ISSUE: Can Grace Poe be denied access to the source code?
ANSWER: Source Code: No, the Comelec cannot deny this is provided for in the AES. However under the Comelec
Resolution—candidates are NOT allowed.
2nd ISSUE: Can Grace Poe be denied access to the ballot printing?
ANSWER: Ballot Printing: Yes, they can be denied access (under AES)—those allowed to observe are accredited political
parties, accredited citizens arms
BASIS: AES, Section 15
Statement 13. Only the National Printing Office may be allowed to print ballots and a (2) clustered
precinct allotted 700 ballots
1st issue: Only the National Printing Office is allowed to print ballots
ANSWER: FALSE. The Bangko Sentral ng Pilipinas has the authority to print the ballots and if not practicable, for any of
the 2, they may contract private printers
2nd issue: Only 700 ballots are allotted in a clustered precinct
Election Law
ANSWER: FALSE. In a clustered precinct, 800 voters is the maximum. The allotted ballots should have an excess of 3, so
803 ballots.
BASIS: Comelec Resolution 10019
Statement 14. A counting center, polling center and a precinct are all the same thing
1st issue: What is a precinct?
ANSWER: A precinct is not a physical place. It is a unit of voting

BASIS: Constitution
2nd issue: Is a polling center and a counting cented the same?
ANSWER: For a counting center and a polling center, they are the same although under certain conditions they can be 2
different buildings. Provided, that there is an imminent danger or disturbance, the BEI votes for its separation.
Statement 15. Comelec arranges the (1) names of candidates and (2) political parties in the
ballots based on lottery
1st issue: How does Comelec arrange names of candidates?
ANSWER: Names of candidates (natural person)—Should be alphabetical
2nd issue: How does Comelec arrange the names of political parties
ANSWER: Political Parties—depends on the Comelec, they can prescribe any manner on its arrangement.
BASIS (1&2): AES, Section 15
Statement 16. Comelec denies substitution of Señeres since they do not have the same surname.
ISSUE: How do we appreciate the votes for substitute candidate that have the same surname with the deceased candidate
ANSWER:
(1) Same Surname—Under RA 9066, a vote for the substituted shall be considered a vote for the original
(2) NOT same—they place the name of the substituted in the ballots, and then the vote will be considered for the
No law prescribing that they need same surname.
BASIS: OEC, Fair Elections Act (R.A. 9006)
Statement 17. The (1) ballots, (2) the ERs, (3) Certificates of Canvass and (4) Statement of Votes
evidence the same thing.
ISSUE: Do they all evidence the same thing?
ANSWER: NO
(1) Ballot—candidates voted upon by 1 voter
(2) Election Returns—number of votes in the precinct
(3) Certificates of Canvass—number of votes consolidated count of all the precinct, municipality
(4) Statement of Votes—attached to the Certificate of Canvasses, indicate in every city the breakdown of the votes for each
candidate
BASIS: AES, Section 22-28
Statement 18. Comelec has absolute discretion under the law to provide for the counting
ISSUE: Comelec has ABSOLUTE discretion under the law?
ANSWER: NO, Comelec has broad discretion however it is not absolute since they are requirements they cannot dispense
with.
Election Law
a) Ballot Secrecy
b) Results electronically stored
c) No. of Copies should be 30 (Ers, COC)
d) Transmit to the higher levels depending upon the position
e) Copies of the results—citizen arms, PP, media (KBP)
BASIS: Constitution, Powers of the COMELEC
Statement 19. Failure to sign the ERs by the BEI, CoCs by the BOC, and the watchers will render
the ERs and COCs void.
ISSUE: Are they all required to sign the ERs, COCs to render them valid?
ANSWER:
(1) Yes, it is required for them to sign according to the AES. Although, if they don’t sign, it will not affect the validity since
we are already automated.
(2) Provided that, they should reason out why did not sign. If non-justifiable then it will be an election offense. The rule ONLY
applies to the BEI and BOCs.
BASIS: AES, Section 22, OEC
Statement 20. There are the same number of ERs and CoCs at all levels.
ISSUE: How many can they be?
ANSWER: There are 30 ERs and 30 CoCs. MAY MATRIX DAW SI SIR
Statement 21. What will you advise independent candidates to do in order to secure copies of the
ERs and CoCs
ISSUE: ADVISE!
ANSWER: As a General Rule, independent candidates are not entitled to the copies of these.
(1) Upon request, the Citizen’s arms will provide them a CoC, BUT NOT ERs (law expressly prohibits). They may ask and
it will be at their own expense.
(2) You may advise them to align with any of the 14 accredited political parties.
(3) They can also photocopy
Statement 22. The printed ERs and CoCs can be the basis of canvassing and proclamation
ISSUE: Can they be the basis of both (1) canvassing and (2) proclamation?
ANSWER: NO
(1) Canvassing—Only the ERs but not the CoCs (?)
(2) Proclamation—The basis is the Electronic Transmission
BASIS: AES, Sections 32-37
Statement 23. The Congress and Comelec and the Local Boards of Canvassers can canvass and
proclaim based on the Data Storage Devise not the one transmitted.
ISSUE: Can they proclaim candidates based on the Data Storage Devise?
ANSWER: It depends on the place.

(1) Congress—NO, only the electronic transmission
(2) Comelec—NO, only the electronic transmission
(3) Local—YES, both the Data Storage Devise and the Electronic Transmission
Election Law
SESSION 9: INTRODUCINGTHE VCM
Chapter 1: The VCM (Vote Counting Machine)
I. About the machine

1. PCOS vs VCM
Monitor is smaller (4.72”) and black & white Monitor (colored 7”) allows voter verification of
votes
120 mHz processor, 128-bit security 1gHz processor; 256-bit security
Uses CF cards that can be easy to disable Uses SD cards that are more robust
Non-simultaneous saving of data Simultaneous saving; data corruption less likely
Small external battery pack with an 8-hour life Larger spare battery with a 14-hour capacity
No self-diagnostic lens Self-diagnostic lens prevents digital lines
WILL NOT BE USED IN 2016 USED IN ALL PRECINCTS IN 2016
2. Security Features
i. Precinct information programmed into machine: location, no. of voters, etc.
1. Uses Passwords & PINs;
2. 3 digital signatures; and
3. 256-bit Encryption
ii. on Ballots
1. Ballot scans both sides simultaneously
2. Ballots are identified by the machine (precinct specific) and are rejected if:
a. Fake/Photocopied/Duplicate;
b. previously inserted or scanned;
c. for another different precinct;
d. contains ambiguous marks
3. [physical security features of the ballot]
a. Appx 19” in length (Non-ARMM)
b. Uses UV & barcode security;
c. Every ballot is unique
II. Machine characteristics
1. Accurate
2. Verifiable
3. Secure
4. Practical
5. Fact
Election Law
6. Accessible
7. Transparent
III. Parts
Election Law
Election Law
ON SCREEN ICONS
IV. Components and Peripherals

1. iButton - The VCM is activated by the iButton when it makes contact with the iButton receptacle.
2. SD cards - Main and backup SD cards are used for data storage.
3. Thermal Paper - Paper used for printing; loaded in the thermal paper compartment.
4. Battery - must be connected to the machine, in case of power disruption.
5. Headphones - used for audio purposes
6. Cleaning sheet - used to clean VCM scanners.
7. Ballot Box - translucent box for valid ballots.
8. Top cover - covers the ballot box, where the VCM is installed
9. Inner Bin - translucent bin inserted in the ballot box used to collect diverted ballots.
10. Backup Battery cable color coded cables used to connect the machine to the backup battery.
11. VCM Adaptor - connected to the power cord and prevents power surge.
12. Power Cord - connected to the adaptor and a power outlet.
13. USB modem
14. Broadband Global Area Network (BGAN)
15. iSavi
16. Portable satellite terminal
Election Law
Chapter 2: Using the VCM
I. Open Voting
1. The BEI Chairman taps the iButton security key for authentication
2. Select “Chairman” as your role.
3. Enter the correct PIN to access the ADMINISTRATION MENU.
4. Select “Election” from the menu, then tap “Open Voting.”
5. Re-enter the correct PIN.
6. When the PIN is accepted, the VCM will save and print the Initialization Report.
7. The Initialization Report will show ZERO votes for all candidates.
i. Note:The Initialization Report contains spaces for BEI signatures and thumb prints. All copies of
the initialization report must be signed and thumbprints should be affixed.
8. State changes to “OPEN;” Display indicates that “THE ELECTION IS NOW OPEN.”
9. State changes to “OPEN;” Display indicates that “THE ELECTION IS NOW OPEN.”
10. Click on “Back.”
11. “Please Insert Ballot” will be displayed on-screen. Voting can now begin.
II. Filling up the ballot
1. The ovals must be fully shaded. Incompletely shaded ovals will be either misread or not read by the VCM
at all.
2. Use the Marking Pens provided.
III. Ballot Casting
1. Ballot should be inserted gently into the ballot entry slot. Note that the ballot can be inserted in any of four
orientations
2. The voter can review the scanned ballot on the LCD screen. This is called “On-Screen Verification.”
3. A voter has 15 seconds to check his vote. After 15 seconds, the VCM will automatically cast the ballot.
4. Press the GREEN button to cast the ballot; press the RED button to get the ballot back
IV. Error Messages
1. A MISREAD warning means that VCM has not recognized the ballot.
i. Possible reasons:
1. The ballot is physically damaged (torn, folded, crumpled or stained with water)
2. The voter has made markings that obstruct certain identifying marks.
2. PAPER JAMS or ballot blockages are rare events but can occur. The error message saying “Paper Jam
Detected” will be displayed on the screen in this situation.
3. An INVALID BALLOT is a ballot that belongs to a different clustered precinct. The VCM is designed to
accept only the ballots assigned to it.
4. PREVIOUSLY SCANNED BALLOT
5. A warning message displays when the VCM detects a ballot that has already been scanned. No votes will
be counted for the ballot.
6. A FAKE BALLOT can be detected when the scanner doesn't detect a ultra-violet (UV) mark on the ballot,
and/or when the ballot has a different type of bar code than the one specified for the election.
V. Close Voting
1. Insert USB Modem that will be used for transmission
2. The BEI Chairman shall then tap the iButton key to access the Admin Menu
3. Click on “CHAIRMAN;” then enter the correct PIN to access the Admin Menu
4. Choose “ELECTION” from the menu; click on “CLOSE VOTING;” re-enter PIN
5. Press “OK;” tap the iButton; enter the correct digital signature.
6. Repeat the process for the 2nd BEI member.
7. Repeat the process for the 3rd BEI member
8. Machine state will change to “CLOSED.”
9. The VCM will print the initial (8) copies of the Election Returns.
10. The VCM will check the network signals
11. Once the network has been established, the VCM transmits to the KBP Server
12. The VCM will transmit to the Central Server
13. After completing transmission to MBOC, VCM will save & print the Transmission Report
14. The VCM will print additional copies of the Election Returns
15. After printing, the VCM will verify that the automated close voting process is complete
16. SHUTDOWN: Go to “Utilities,” select “Shutdown,” and tap “OK.”
Election Law
SESSION 10: PRE-PROCLAMATION AND POST-PROCLAMATION CONTROVERSIES (credits to Krisppy)
Statement 1. There are no pre-proclamation controversies for all positions in an Automated Election
System. There will be no pre-proclamation this coming May.
1st Issue: Whether pre-proclamation controversies can be raised?
Answer: In the Automated Election System, pre-proclamation controversies can be raised only with regard to acts of the
Board of Canvassers and NOT DEFECTS on the Election Returns.
Basis: AES Law
2nd Issue: Whether there are pre-proclamation controversies for local positions?
Answer: Yes
3rd Issue: Whether there are pre-proclamation controversies for national position?
Answer: No. Even before the implementation of the AES, there were already no pre-proclamation controversies.
Basis: Chavez v. COMELEC
Q. What type of controversies can arise during canvassing insofar as the national positions are concerned?
A. Only Manifest Errors under R.A. 7166 which are for President, VP, and the Representatives.
*Note* It is called Pre-Proclamation Controversies for the other positions and Manifest Errors for the above mentioned. But
both are raised before proclamation.
*Note 2* Atty Agra: There shouldn’t be anymore any manifest errors.
Q. What are the two types of controversies?

A. One pertaining to the board (illegal composition and illegal proceedings) and the other pertains to consolidated results
(election returns).
Q. Are the two types of controversies still applicable with the AES?
A. Yes to the board (illegal composition and illegal proceedings). No to the consolidated returns.
Statement 2. Material defects and omissions and manifest errors can no longer happen in an automated
election system.
1st Issue: Whether Material Defects and Omission still happen?
Answer: No. Now that it is already automated, material defects and omissions should no longer happen.
Basis: No basis in reviewer but I think AES Law.
Two types of omissions:

1. Name of candidate
2. Votes of that candidate
2nd Issue: Whether Manifest Errors would still happen?
Answer: For manifest errors, they should also no longer happen since it is already automated.
Basis: No basis in reviewer but I think AES Law.
Example of manifest error

1. Wrong addition of votes
2. When an ER is canvassed twice
Election Law
Statement 3. The COMELEC and its Board of Canvassers canvass results only for local elective offices.
1st Issue: Whether COMELEC and its Board of Canvassers canvass results only for local elective offices?
Answer: No. COMELEC and the BoC canvass also for national elective offices. But there is a final BoC for the different
positions. (See Chart Below)
Basis: Comelec - Senators - Executive Order No. 144
BoC - RA 7166
● COMELEC – Senators, Partylist, and ARMM

● Provincial BoC
○ Local Representatives
○ Provincial officials
● District BoC (in MM)
○ Representatives .
○ Municipal officials
● City and Municipal BoC
○ Representatives
○ City and municipal officials
● Barangay BoC
○ Barangay officials
Q. Does the QC BOC canvass results of the President?

A. Yes, they will canvass, and then transmit it to the next level, and then the next level transmits it as well until it reaches
Congress.
Statement 4. Only Election Returns are subject to canvassing.
Issue: Whether Election Returns are the ONLY ONES subject to canvassing.
Answer: No. Also Certificates of Canvass are canvassed at the District, Provincial and Congressional level
Basis: RA 7166
Note: At the precinct level, the votes are counted by the VCMs. Then, they go to the municipal / city level where the ERs
are canvassed. Election Returns reflect the votes in the precinct level. As you go higher, it becomes a COC. From the
results from the cities and municipalities, you canvass the COCs at the district level, provincial level, Congressional level
(for P and VP), and COMELEC level. COMELEC canvasses and proclaims for Senators, Party-list Representatives, and for
ARMM.
Statement 5. A pre-proclamation case in an Automated Election System can be raised on the ground of
violence committed during canvassing and the presence of illegal voters during casting.
1st Issue: Whether violence or illegal voters are a ground for a pre-proclamation case?
Answer: No - violence or illegal voters cannot be a ground for a pre-proclamation case (whether manual or automated, you
only base pre-proclamation controversies on the face of the ER’s, they cannot admit testimonial or extraneous evidence)
Basis: Villegas v. OMELEC, Matalam v. COMELEC, etc.
Statement 6. All paralegals and lawyers were excluded from the canvassing center. The BOC advises
you, a paralegal, to raise it to the COMELEC en banc.
1st Issue: Whether you as a paralegal have a cause of action for your candidate?
Answer: Yes, and the cause of action would be for Illegal Proceedings; therefore, the case is a pre-proclamation case.
2nd Issue: Where will you file it?
Election Law
Answer: At the BoC or COMELEC DIVISION as they have a concurrent jurisdiction. Filing with COMELEC en Banc is NOT
VALID.
Basis: RA 7166
Q. What will happen after you file the pre-proclamation controversy?

A. The canvassing would have to be suspended.
Q. Can COMELEC impose a substantial requirement on suffrage?

A. No. COMELEC can only impose procedural requirement.
Statement 7. As paralegal, you obtain a copy of the election return. But during the canvassing, before
the CCS (Consolidation and Canvassing System), you realize a discrepancy.
Issue: (For example; in the ER, your candidate got 100 votes, but in the canvassing, he only got 50 votes)?
Answer: Yes. You can file an objection with the Board of Canvassers.
Basis: RA 7166
Note: Two types of discrepancy

1. Between the ER and what is being canvassed
2. Between one ER and another ER (the multiple copies)
Statement 8. What is the procedure regarding that matter of discrepancy? When should you raise it?
How should you raise the objection?
1st Issue: When should you raise it?
Answer: You should raise while that particular ER or COC is being canvassed. If it is already canvassed, it is fatal.
2nd Issue: What is the procedure?
Answer: Make an Oral objection, simultaneous with the written objection

Basis: RA 7166
Atty Agra: There is a form for the written objection/s, you just have to check the appropriate box
Q. What if you forgot to file your written objection? Can this defect be cured?
A. Yes, according to case law, it can be cured by filing your evidence within 24 hours
3rd Issue: What does the BoC do after the objection is raised?
Answer: They set it aside until they resolve the matter.

Basis: RA 7166
Statement 9. The BOC, after realizing a discrepancy, reconvenes after making a proclamation to correct
the discrepancy.
Issue: Whether the BoC can reconvene to correct the discrepancy?
Answer: No. Once a proclamation has been made, BOC cannot convene anymore without
order from the COMELEC After proclamation, the board ceases to exist.
Basis: Mangca v. COMELEC, Padilla v. COMELEC
Election Law
Statement 10. If the BOC reconvenes motu proprio, and proclaims, election protest is the only remedy.
1st Issue: Whether election protest is a remedy?
Answer: Yes. The ground for an election protest is any irregularity; therefore, it is a remedy.
Basis: Tecson v. COMELEC; Rules of Procedure in Election Contests
2nd Issue: Whether election protest is the only remedy?
Answer: No.You can file either:

● You can file an Annulment of Proclamation due to the proclamation without due authority.
● If there is no proclamation yet, you can file a pre-proclamation controversy due to illegal proceedings.
Basis: Omnibus Election Code, RA 7166
*Note* Election protests are filed with COMELEC not BoC.
Statement 11. Congress rejects the COC from a province on the ground that the electronic transmission
and data storage device are corrupted.
1st Issue: Whether Congress can reject the CoC based on election transmission and data storage device are corrupted?
Answer: Yes they can reject it based on a corrupted data storage and election transmission. The Congress canvasses for
the positions of the President and the VP.
Basis: AES Law
Congress can determine authenticity and due execution of the COC

1. Executed, signed and thumbmarked by the Chairman and Board
2. Discrepancy.
3. Incomplete and material erasures / alterations
No mention with regard to electronic transmission and data storage.
Atty Agra comments: Can this still happen? The basis is not the paper, but the data in storage, so even if you erase, it is
not the basis. Therein lies the inconsistency in our Automated Election.
Statement 12. Pre-proclamation cases can subsist even if proclamation is already made.
Issue: Whether pre-proclamation cases can subsist even if proclamation is already made.
Answer: General rule: Pre-proclamation cases are terminated upon proclamation.
Exceptions to the rule:

1. COMELEC / SC deems the pre-proclamation case is meritorious; they can order the continuation
2. If it is found that the Election Returns are incomplete
Basis: Mutuc v. COMELEC, Duremdes v. COMELEC, Castromayor v. COMELEC
Statement 13. An election protest and annulment of proclamation can be filed simultaneously.
Issue: Can you file an election protest and annulment of proclamation simultaneously
Answer: Both of it cannot be filed simultaneously

● Election protest: assailing that there is any irregularity, but you are accepting the validity of the proclamation
● Annulment of proclamation: assailing the validity of the proclamation
Basis: Rules of Procedure in Election Contests, Omnibus Election Code
Q. Can you file either of it before proclamation?
Election Law
A. Both of it CANNOT BE filed before Proclamation. Must be after proclamation
Statement 14. If an annulment of proclamation is denied, an election protest cannot be filed.
Issue: Whether you can file an election protest after the annulment of proclamation is denied?
Answer: Yes. An election protest can still be filed within the remaining prescriptive period after the annulment of
proclamation is denied.
Basis: Roquero v. COMELEC, Manahan v. Bernardo
Q. For example, you file the annulment of proclamation on the 7th day. It was denied. When can you file the election protest?
A. You only have 3 days to file. You only have the remaining number of days.
Prescriptive Periods:
● G.R. - 10 days
● President 30 days
● Senate 15 days
Statement 15. An election protest and a quo warranto case can be filed simultaneously. And the
outcomes, if favorably acted upon, are the same.
1st Issue: Whether an election protest and a quo warranto case can be filed simultaneously.
Answer: Yes, they can be filed simultaneously. (compared to election protest and annulment of proclamation).
● Election protest – questioning any irregularity (protestant / protestee)
● Quo warranto – questioning loyalty and eligibility (petitioner / respondent)
Basis: Luison v. Garcia
2nd Issue: What happens to the incumbent in both cases?
Answer: In either case, they are removed from office

Basis: Tecson v. COMELEC
3rd Issue: What happens to the vacancy?
Answer:
● Election protest – whoever has the plurality of votes
● Quo warranto – unseat the incumbent respondent, either succession or special election (if Congress, etc.)
Basis: Kare v. COMELEC, Luison v. Garcia etc.
Statement 16. An election protest can be filed based on election returns and COCs, but not the ballots.
Issue: Whether an election protest can be filed based on the ER or CoCs.
Answer: In an election protest, the general rule is that the best evidence is the ballot.
Exception Legarda Case:

● She did not question the ballots, she questioned the COCs
● In that case, the best evidence then were the COCs, not the ballots
Basis: Delos Reyes v. COMELEC, Torres v. HRET
Statement 17. All election protests for local offices are filed with the COMELEC en banc.
Issue: Where can you file an election protest for local offices?
Answer:
Election Law
● Regional, provincial, city officials - COMELEC division (appealable to COMELEC en banc)

● Municipal officials- RTC (appealable to COMELEC division)
● Barangay officials - MTC, MCTC (appealable to COMELEC division)
Statement 18. The best evidence in an election protest under an AES are the ballots themselves.
Issue: Whether ballots are the best evidence for an election protest.
Answer: It depends. General rule: yes.
● Instances when the ballots are not the best evidence (Legarda Case)
● If the ballots are not being questioned
● Picture images captured in the data storage device
Basis: Delos Reyes v. COMELEC; Vinzon-Chato v. COMELEC
Statement 19. The 4th placer files an election protest case against the duly proclaimed Presidential
candidate on the 15th day from proclamation.
Q. What is the prescriptive period?

A. 30 days
Issue: Whether the 4th placer files an election protest case against the duly proclaimed Presidential candidate
Answer: No. For the President, VP, and municipal candidates, ONLY the second and third placer can assail. Other
positions, anyone can file.
Basis: For president and VP - Rules of Presidential Electoral Tribunal; For municipal candidates - Rules of procedure in
Election Contests
Q. WHY municipal? Why not provincial?

A. Under rules of the SC for municipal officials, it’s in the rules. For others, no such rule.
SESSION 10.5: CONTINUATION OF ELECTION CONTEST AND COMELEC RESOLUTION 10057
Statement 1. Disqualification cases filed against 2 official candidates (1) District Representative, (2)
Provincial governor. Both claim that upon proclamation, the disqualification cases have been rendered (1)
moot and can no longer be filed, (2) no election related case can prosper henceforth.
1st ISSUE: Whether the proclamation of the District Representative will render the disqualification case moot
Answer: DEPENDS. COMELEC will only be divested of its jurisdiction over the case in favor of the House of Representative
Electoral Tribunal (HRET) if these 3 requisites concur:
There is a valid proclamation
Oath taken by the district representative
District representative has taken office
Basis:
c. Jalosjos v. COMELEC, G.R. No. 192474, 26 June 2012; Abayon v. HRET, G.R. No. 189466, 11 February 2010;
Reyes v. COMELEC, G.R. No. 207264, 25 June 20131987
2nd ISSUE: Whether the proclamation of the Provincial Governor renders the disqualification case moot
Answer: NO. The governor will either be prevented from assuming office or will be unseated. The purpose of a
disqualification proceeding is to prevent the candidate from running or, if elected, from serving, or to prosecute him for
violation of the election laws.
Basis:
a. Ejercito v. COMELEC, G.R. No. 212398, November 25, 2014
Election Law
3rd ISSUE: Whether no other election case can be filed after proclamation
Answer: NO. Election offense and election protest may still be filed
1. Election offense: The electoral aspect of a disqualification case determines whether the offender should be
disqualified from being a candidate, or from holding office. The electoral aspect may proceed independently of the
criminal aspect, and vice-versa
2. Election protest: An Election Protest can only contemplate a post-election scenario
Basis:
a. Lanot v. COMELEC, G.R. No. 164858, 16 November 2006: Election offense
b. Tecson v. COMELEC, 424 SCRA 277: Election protest
Statement 2. The death of the protestant or the protestee renders and election protest moot and should
be dismissed.
1st ISSUE: Whether the death of the protestant or the protestee renders and election protest moot
Answer: DEPENDS. The election protest will continue in cases of the President, Vice President and Local Elective officials
because there is succession. Their death does not render the case moot because the successors will have an interest in it.
As for Senators, House of Representatives, and Party-list, their death renders the case moot.
Basis:
a. Lomugdang v. Javier, 19 SCRA 402; Unda v. COMELEC, 190 SCRA 827; De Castro v. COMELEC, 267 SCRA 806
Statement 3. Non-payment of cash deposit, non-inclusion of a verification, certificate of non-forum

shopping, and assailing some of the precincts without specifying which have fatal effects in an election
protest.
1st ISSUE: Whether non-payment of cash deposit renders the case fatally defective
Answer: DEPENDS. Generally, the non-payment of cash deposit renders the election protest fatally defective. However,
this is subject to estoppel or waiver; hence, curable.
Basis:
a. Sec. 13, Rule 2, Rules of Procedure in Election Contests: non-payment of cash deposit within 5 days from filing the
protest is a ground for summary dismissal
b. Melendres v. COMELEC, 319 SCRA 262; Soller v. COMELEC, 339 SCRA 685PD 1053: stating that non-payment
of cash deposit is fatally
c. Navarosa v. COMELEC, 411 SCRA 369; Villagracia v. COMELEC, 513 SCRA 655; Mañago vs. COMELEC, 533
SCRA: stating that non-payment is subject to estoppel
2nd ISSUE: Whether non-inclusion of a verification renders the election protest fatally defective
Answer: YES. An election protest must be properly verified.

Basis:
a. Sec. 7, Rule 2, Rules of Procedure in Election Contests
b. Soller v. COMELEC, 349 SCRA
3rd ISSUE: Whether non-inclusion of a certificate of non-forum shopping renders the election protest fatally defective.
Answer: YES. The protest should contain a certificate of non-forum shopping. However, the court has allowed a case to
prosper on the ground of substantial compliance when the certificate was filed after the protest but within the period of filing
the protest.
Basis:
a. Sec. 7, Rule 2, Rules of Proceeding in Election Contests : provides that the certificate must be included
b. Loyola v. Court of Appeals, 245 SCRA 477: case of substantial compliance
4th ISSUE: Whether failure to specify the precincts renders the election protest fatally defective.
Election Law
Answer: YES. An election protest which does not specify the precinct where the alleged irregularities occurred is fatally
defective. However, if the protest states that the election returns from all the precincts are being questioned, there is no
need to specify the precincts involved in the protest.
Basis:
a. Pena v. House of Representatives Electoral Tribunal, 270 SCRA 340: failure to specify
b. Saquilayan v. COMELEC, 416 SCRA 658: “all” is a valid specification
Statement 4. The election protest of Mar Roxas filed in 2010 is now rendered moot.
1st ISSUE: Whether the election protest is moot
Answer: YES. Mar Roxas is deemed to have abandoned his protest when he filed his certificate of candidacy. Case law
states that a defeated candidate who filed an election protest and ran for another office is deemed to have abandoned the
protest. Also, by June 30, 2016, his term as Vice President would have already expired.
Basis:
a. Santiago v. Ramos, 253 SCRA 559; Idulza v. COMELEC, 427 SCRA 701; Legarda v. de Castro, 542 SCRA 125)
(START OF COMELEC RESOLUTION NO. 10057 QUESTIONS)
Statement 5. The Liberal Party designates 5 poll watchers per precincts who are not residents of the
municipality.
1st ISSUE: Whether the poll watchers can be a non-resident of the
Answer: NO. The poll watcher must be a registered voter of the city or municipality. In order to be a registered voter, one
must have resided in the place wherein they propose to vote for at least 6 months immediately preceding the elections.
Qualifications of a Poll Watcher:

1. Qualified voter of the city or municipality
2. Of good reputation or good moral character
3. Shall not have been convicted by final judgement of any election offense or of any other crime
4. Must now how to read and write Filipino, English, Spanish or any of the prevailing local dialects
5. Not related within the 4th civil degree of consanguinity or affinity to the chairman or any member of the BEI in the
polling place where he seeks appointment as a watcher
Qualification of a Voter
1. Filipino citizen
2. At least 18 years of age
3. Resided in the Philippines for at least 1 year
4. Resided in the place wherein they propose to vote for at least 6 months immediately preceding the elections
Basis:
a. Sec. 178, Omnibus Election Code: Official watchers of the Candidate
b. Sec. 4, COMELEC Resolution No.10057: Qualifications of Watcher
c. 1987 Const., art. XV (Suffrage),§1: prescribing the qualifications of a voter
2nd ISSUE: Whether the Liberal Party can designate 5 poll watchers per precinct
Answer: QUALIFIED. The General Instruction of the COMELEC provides a 2 poll watchers limit. However, the law is
silent on this matter; thus, some people might question this an undue delegation of power. The GI may also be treated as
a mere guideline.
Basis:
a. Sec. 3, COMELEC Resolution No.10057: Official watchers of candidates, political parties and other groups
Statement 6. Poll watchers have a demandable right in observing the testing and sealing of the VCM.
1st ISSUE: Whether poll watchers have a demandable right in observing the testing and sealing of the VCM
Election Law
Answer: NO ANSWER. The law and the general instructions of the COMELEC are silent on this matter. The omnibus
election code and COMELEC resolution states that the rights of poll watchers are:
1. To stay in the space reserved for them inside the polling place
2. Witness and inform themselves of the proceedings of the BEI
3. Take note of what they may see or hear
4. Take photographs of the proceedings during the testing and sealing of the VCM, and counting and transmission of
election results, as well as of the printed election returns and the ballot box, provided that the secrecy of the ballot
shall be maintained at all times
5. File a protest against any irregularity or violation of law which they believe may have been committed by the BEI or
by any person present
6. Obtain from the BEI a certificate as to the filing of such protest and/or resolution thereof
7. Position themselves behind the chairman of the BEI in such a way that they can read the election returns while the
chairman is publicly announcing the precinct results
Basis:
a. Sec. 178, Omnibus Election Code: Official Watchers of Candidates
b. Sec. 5, COMELEC Resolution No.10057: Rights and duties of a poll watcher
Statement 7. There are 5 diagnostics during the final testing of the VCM on April 30, 2016
1st ISSUE: Whether the final testing will be conducted on April 30, 2016
Answer: NO. The final testing will be conducted within the period of May 2, 2016- May 6, 2016.
Basis:
a. Sec. 6, COMELEC Resolution No.10057: Period for testing and sealing of VCMs
2nd ISSUE: Whether there are 5 diagnostics for the final testing of the VCM
Answer: NO. There are 10 diagnostics which are:

1. Audio
2. Cast and Return
3. Current Date and Time
4. Ethernet Diagnostics
5. Transmission
6. Printer
7. Power
8. Touchscreen
9. Scanner
10. USB port
Basis:
a. Sec. 33(s), COMELEC Resolution No.10057: Procedures for final testing and sealing of the VCM-diagnostic
procedure
Statement 8. The VCM initialization report for a precinct shows 3 votes for a candidate and 1000 voters.
1st ISSUE: Whether VCM initialization report should show 3 votes
Answer: NO. The VCM initialization report should show:

Zero (0) vote for each candidate including,
geographic information (region/ province/ municipality/ barangay/ polling center/ clustered precinct/ precinct in a
cluster)
machine ID
number of registered voters
number of voters who actually voted
number of valid ballots cast
number of rejected ballots
Basis:
b. Sec. 33(u), COMELEC Resolution No.10057: Procedures for final testing and sealing of the VCM-initialization report
of the VCM
Election Law
2nd ISSUE: Whether VCM initialization report should show 1000 voters
Answer: NO. The VCM initialization report should show only show 800 votes because the maximum number of registered
voters in a clustered precinct is 800.
Basis:
a. #3, COMELEC Resolution No.10019: prescribing the maximum number of registered voters in a clustered/group
Statement 9. Voting can still be conducted up to 7pm on Election Day.
1st ISSUE: Whether voting can still be conducted up to 7pm on Election Day
Answer: DEPENDS. The casting of votes shall be from 7 a.m. up to 5 p.m. of Election Day. Voters who have not yet
cast their by 5:00 p.m. may be allowed to vote provided that:
1. They are within 30 meters of the polling place
2. The poll clerk shall prepare a complete list containing the names of the said voters numbered consecutively.
3. The voters shall be called by the poll clerk by announcing near the door of the polling place, in a tone loud enough
to be heard throughout the polling place, each name three (3) times in the order in which they are listed.
4. Voters must be in the polling place at 5:00 p.m.
Basis:
a. Sec. 190, Omnibus Election Code: voting hours
b. Sec. 11, COMELEC Resolution No.10057: voting hours
Statement 10. A voter takes a photograph of his ballot, puts his name on the ballot and asks someone to
fill up the ballot on his behalf.
1st ISSUE: Whether a voter can take a photograph of his ballot
Answer: NO. Omnibus Election code states that it shall be unlawful to use carbon paper, paraffin paper, or other means
for making a copy of the contents of the ballot, or make use of any other means to identify the vote of the voter. This would
violate the secrecy of the ballot. While COMELEC Resolution 10057 states that it shall be unlawful for a voter to use
communication devices while voting such as digital camera, cellular phones with camera, or other means to copy the
contents of the ballot or otherwise make use of any other scheme to identify his vote.
Basis:
a. Sec. 195, Omnibus Election Code: Manner of preparing the ballot
b. Sec. 20, COMELEC Resolution No. 10057: Prohibitions on voting
2nd ISSUE: Whether a voter can put his name on the ballot
Answer: NO. Omnibus Election code states that it shall be unlawful to use carbon paper, paraffin paper, or other means
for making a copy of the contents of the ballot, or make use of any other means to identify the vote of the voter. This would
violate the secrecy of the ballot. While COMELEC Resolution 10057 states that it shall be unlawful for a voter to use
communication devices while voting such as digital camera, cellular phones with camera, or other means to copy the
contents of the ballot or otherwise make use of any other scheme to identify his vote.
Basis:
a. Sec. 195, Omnibus Election Code: Manner or preparing the ballot
b. Sec. 20, COMELEC Resolution No. 10057 Prohibitions on voting
3rd ISSUE: Whether someone else can fill up the ballot on the voter’s behalf
Answer: DEPENDS. No voter shall be allowed to vote as an illiterate or a PWD unless such fact is indicated in the EDCV.
If so, he or she may be assisted in the preparation of his or her ballot, by any:
1. Relative within the fourth civil degree of consanguinity or affinity;
2. Person of his confidence who belongs to the same household; or
3. Member of the BEI
Provided: No person, except the members of the BEI may assist an illiterate or a PWD more than 3 times
Basis:
a. Sec. 196, Omnibus Election Code: Preparation of ballots for illiterate and disabled persons
Election Law
b. Sec. 20, COMELEC Resolution No. 10057: Preparation of ballots for illiterate and persons with disability (PWD)
Statement 11. There is an envelope for marked ballots
1st ISSUE: Whether there is an envelope for marked ballots
Answer: NO. There is no enveloped for marked ballots. The envelopes are:
1. Rejected ballots
2. Half of torn unused official ballots
3. Other half of torn unused official ballots
4. Counted official ballots
Basis:
a. Sec. 8, COMELEC Resolution No. 10057: Final Testing and Sealing; Envelopes for Voting and Counting
2nd ISSUE: Whether there marked ballot goes into the rejected envelope
Answer: DEPENDS. If the VCM accepts the ballot, then it will go into the Counted Ballots envelope. If the ballot is rejected
by the VCM then it will go into the Rejected Ballots envelope.
Basis:
a. VCM Demonstration
Statement 12. The Board of Election Inspectors may not allow a person to vote
1st ISSUE: Whether the BEI may not allow a person to vote
Answer: DEPENDS. Generally, the BEI cannot disallow a person to vote except in these instances:
1. Voter’s name is not included in the Election Day Computerized Voters List (EDCVL) or is crossed out because:
a. The voter has transferred residence to another district/city/municipality; or
b. The voter has died
2. The voter has been challenged as an illegal voter and does not give proof of registration, identity, or qualification.
The grounds for this challenge are:
a. Being not registered
b. Using the name of another
c. Suffering from an existing disqualification
3. The voter has been challenged for illegal acts and does not take an oath before the BEI that he or she has not
committed any of the acts alleged in the challenge. These acts are:
a. Received or expected to receive, paid, offered or promised to pay, contribute, offered or promised to
contribute money or anything of value as consideration for his vote or for the vote of another;
b. Made or received a promise to influence the giving or withholding of any such vote; or
c. Made a bet or is interested directly or indirectly in a bet that depends upon the results of the election.
4. Voter’s fingernails is stained with indelible ink
Basis:
a. Sec. 13, COMELEC Resolution No. 10057:Who May Vote
b. Sec. 14, COMELEC Resolution No. 10057: Challenge against Illegal Voters
c. Sec. 15, COMELEC Resolution No. 10057: Challenge based on certain Illegal Acts
d. Sec. 39(b), COMELEC Resolution No. 10057: Manner of obtaining ballots
Statement 13. For an orderly and efficient system, an innovative BEI (1) gave out numbers to voters who
are in line (2) VCM opened at 5:00 a.m. (3) did not apply indelible ink if the ballot was not accepted by the
VCM.
1st ISSUE: Whether giving out numbers is allowed
Answer: NO. Whenever necessary, the BEI, in coordination with the DepEd Supervisor, shall designate a room to be
used as holding area. The holding area will be used by the voters waiting for their turn to vote. The voters shall sit and
Election Law
arrange themselves on a first-come, first-served basis such that they will vote according to the sequence of their arrival.
Giving numbers to the voters to determine their sequence of voting is strictly prohibited.
Basis:
a. Sec. 25, COMELEC Resolution No. 10057: Holding Area
2nd ISSUE: Whether opening the VCM at 5:00 a.m. is allowed
Answer: NO. The VCMs shall be opened only on May 9, 2016 not earlier than six o’clock in the morning.
Basis:
a. Sec. 37, COMELEC Resolution No. 10057: VCMs to be opened on May 9, 2016
3rd ISSUE: Whether not applying indelible ink if the ballot is not accepted by the VCM is allowed
Answer: NO. Whether or not the voter’s ballot was successfully accepted, the poll clerk/support staff is tasked to apply
indelible ink to the voter’s right forefinger nail or any other nail if there be no forefinger nail. The GI is categorical about this.
Basis:
a. Sec. 40[b(2)], COMELEC Resolution No. 10057: Manner of Voting
Statement 14. Only the BEI chairman can give the ballot to the voter and deposit the ballot in the VCM.
1s ISSUE: Whether only the BEI chairman can give the ballot to the voter
Answer: YES. Only the chairman shall issue the official ballots, and not more than one ballot shall be issued at one time.
He cannot delegate the task to the other members of the BEI. The GI does not provide for any exception.
*Atty Agra: In practice, other members give ballots
Basis:
a. Sec. 39(6), COMELEC Resolution No. 10057: Manner of Obtaining ballots
2nd ISSUE: Whether only the BEI chairman will deposit the ballot in the VCM
Answer: NO. Only the voter will deposit the ballot in the VCM. After accomplishing his/her ballot, the voter will approach
the VCM, insert his/her ballot in the ballot entry slot.
*Atty. Agra: If the PWD has no arms then this could be an exception. Also, in practice, there are times when the BEI chair
deposits the ballot.
Basis:
a. Sec. 40(2), COMELEC Resolution No. 10057: Manner of Voting
Statement 15. The (1) 2 SD cards, (2) VCM, (3) ballot box are to be delivered to the city/municipal Board of
Canvassers after closing of the polls.
1st ISSUE: Whether first SD card (in slot A) should be delivered to the city/municipal BOC
Answer: YES. The BEI shall remove the maid SD card from slot “A” of the VCM, place the card inside the envelope
provided for the purpose, and seal the envelope. The BEI shall also indicate on the envelope the clustered precinct number,
barangay and city/municipality/ province. Said envelope shall be submitted to the Reception and Custody Group of the
City/Municipal Board of Canvassers.
Basis:
a. Sec. 29(c), COMELEC Resolution No. 10057: Disposition of VCM, ballot boxes, election returns and other
documents
2nd ISSUE: Whether 2nd SD card (in slot B) should be delivered to the city/municipal BOC
Answer: NO. The back-up SD card shall not be removed from the VCM, and the cover of slot “B” shall remain locked.
Basis:
a. Sec. 29(c), COMELEC Resolution No. 10057: Disposition of VCM, ballot boxes, election returns and other
documents
Election Law
3rd ISSUE: Whether VCM should be delivered to the city/municipal BOC
Answer: NO. The BEI shall turn-over the box containing the VCM and its peripherals to the logistics provider. In the
absence of the logistics provider, the BEI shall turn-over the VCM box to the EO or his/her authorized representative, who
shall in turn, coordinate with the logistics provider for the schedule of the retrieval thereof.
Basis:
a. Sec. 29(d), COMELEC Resolution No. 10057: Disposition of VCM, ballot boxes, election returns and other
documents
4th ISSUE: Whether ballot box should be delivered to the city/municipal BOC
Answer: NO. The BEI shall deliver the ballot box, accompanied by watchers, to the city/municipal treasures, except the
ballot box of the polling place that will be subjected to random manual audit, as provided for in Article VIII of the GI.
Basis:
a. Sec. 29(e), COMELEC Resolution No. 10057: Disposition of VCM, ballot boxes, election returns and other
documents
Statement 16. During and after the voting, the ballot box cannot be opened.
1st ISSUE: Whether the ballot box can be opened during the voting.
Answer: NO. The ballot box shall remain locked during the voting. However, if it should become necessary to make room
for more ballots, the BEIs shall, in the presence of the watchers and the public:
1. Remove the VCM from the top of the ballot box, and shake the ballot box to wobble the contents therein, and make
room for the ballots;
2. If still the ballot cannot go through the ballot box, the ballot box may be opened. The chairman shall press down
with his hands the ballots contained therein without removing any of them, after which the BEI shall close the box
by sealing it.
Such fact shall be recorded in the Minutes.
Basis:
a. Sec. 17(e), COMELEC Resolution No. 10057: Rules to be observed during the voting.
2nd ISSUE: Whether the ballot box can be opened after the voting.
Answer: NO. If after sealing the ballot box, the BEI discovers that some documents or articles required to be placed
inside the ballot box were not placed therein, the BEI, instead of opening the ballot box to place therein said documents or
articles, shall deliver the same to the EO. The EO shall take appropriate measures to preserve the integrity of the documents.
The ballot box shall not be reopened to place in or to take out from it any document or article except upon prior
written authority of the COMELEC (1) for the purpose of retrieving copies of the election returns or (2) main SD card needed
for canvassing of election results. The members of the BEI, the treasurer and the watchers shall be notified of the time and
place of said opening of the ballot box.
Basis:
a. Sec. 32, COMELEC Resolution No. 10057: Omission or erroneous inclusion of documents in ballot box
SESSION 11: ELECTION OFFENSES
Statement 1. Last Christmas, former Sec. Mar Roxas gave away loot bags to underprivileged children.
Disqualification case is filed against him.
1st ISSUE: What are your defenses?
Answer: Defenses:
Election period has not begun yet, so he is not a candidate yet;
Money used was personal money;
There was no intention to campaign; and
Election Law
It is a tradition during Christmas to give gifts.

Basis: Sec. 68 of the Omnibus Election Code.
2nd ISSUE: If done today, would the defenses be the same?
Answer: NO. Election period has already begun, but the other defenses can still be used.
Statement 2. What type of contribution are allowed?
1st ISSUE: What type of contribution are allowed?
Answer:
Normal,
Customary,
Tradition and
Gift Giving
Basis: See OEC, §97
Statement 3. On May 5, 2016, a provincial governor appoints an officer to the Sanggunian Panlalawigan
due to the death of a councilor.
1st ISSUE: Whether the appointment made by the provincial governor is an election offense.
Answer: NO. It is not within the prohibition of appointments because it only applies to those under CSC law. Councilor is
an elected official. It is only filling up of a vacancy.
Basis: Sec 261 (g) of Omnibus Election Code.
Statement 4. Last March 8, the president appointed Almendras as Secretary of Foreign Affairs and a new
Supreme Court Justice.
1st ISSUE: Whether the appointment to Almendras as Secretary of Foreign Affairs constitute an election offense.
Answer: NO. For department secretary, the president is not prohibited from doing so because he is not under the 45-day
prohibition period. Also, it is not a transfer under the law because the transfer only prohibits transfer of CSC employees
Basis: Sec. 261 (g) of Omnibus Election Code.
2nd ISSUE: Whether the appointment made to a new Supreme Court Justice constitutes an election offense.
Answer: NO. For the SC justice, appointments to the Supreme Court are not covered under the ban.
Basis: Castro v. JBC. (G. R. No. 191002. March 17, 2010)
Statement 5. On May 22, 2016. The “Friends of Catbalogan City” from California donated medicine and
cash through the Mayor.
1st ISSUE: Whether the donations made constitute an election offense.
Answer: NO. It is a valid donation, because the intent for campaign purposes must be first established. Look at intent. If
it is for campaign purpose, then it is an election offense.
Statement 6. On April 1, 2016, the City Mayor signed a contract with the private sector for the construction
& funding of socialized housing project.
1st ISSUE: Whether the contract signing for a construction and socialized housing project constitutes an election offense.
Answer: NO. Look at when the disbursement of funds will be. Also, there is nothing wrong with signing a contract, but to
be safe, ask for clearance from COMELEC
Election Law
Basis: Sec. 261 (v) (1) (b) of the Omnibus Election Code.
Statement 7. Ombudsman suspends a provincial officer on April 15, 2016, for influencing a provincial
election supervisor.
1st ISSUE: Whether the Ombudsman’s act of suspension constitutes as an election offense.
Answer: YES. Suspension on local elective official is not only unconnected to the Anti-Graft and Corrupt Practices Act. He
can be liable under the Anti-Graft and Corrupt Practices Act and under an election offense.
Basis:
a. Sec. 261 (x) of the Omnibus Election Code.
b. Anti- Graft and Corrupt Practice Act.
Statement 8. A city mayor who transfers a department head to another head can be subject of a
Disqualification case by the COMELEC En Banc at the first instance.
1st ISSUE: Whether the city mayor is liable to an election offense.
Answer: NO. His defense is that it was not election related. Intent is not material under this offense.
Basis: Sec. 261 (h) of the Omnibus Election Code.
2nd ISSUE: Whether the disqualification case would prosper.
Answer: NO. The Omnibus Code does not make this a ground for disqualification. For it to be a disqualification case, there
must be an election offense under Sec. 68 of the Omnibus Election Code. Transferring is not one of them. The only remedy
is to file an election offense.
3rd ISSUE: Whether COMELEC En Banc has jurisdiction over such case.
Answer: NO. The petition for disqualification should not be filed with COMELEC En Banc. It should be with the COMELEC
division. The penal aspect or the election offense part should be with the COMELEC law department.
Basis: Agra Reviewer (3.12.16), p.28
Statement 9. To raise funds for bar ops there will be ALS party in pool club on May 8.
1st ISSUE: Whether or not you can go.
Answer: NO. There is already a liquor ban at that time. The person who will be drinking and selling will be liable under an
election offense.
Basis: Sec. 261 (dd) (1) of the Omnibus Election Code
Statement 10. You were appointed as legal consultant on legal affairs by the city on March 8, 2016.
1st ISSUE: Whether appointment made constitute an election offense.
Answer: NO. It is allowed because appointment ban starts on March 25. If it happens on April 8, then it is banned already.
CSC member is only material on transfer ban. In appointment, it is temporary, provisional and casual. If after March 25,
seek the approval from COMELEC because it might be a casual appointment which is still under law.
Basis: Sec. 261 (g) of Omnibus Election Code.
Statement 11. An entrepreneur sets up a dimsum store near the polling place.
1st ISSUE: Whether the entrepreneur is liable under an election offense.
Answer: YES. He is liable to an election offense. There is a 30 meter prohibition around the polling place. It is a mala
prohibitum, thus intent is immaterial.
Basis: Sec. 261 (dd) (2) of the Omnibus Election Code
Election Law
Statement 12. A board of canvassers continues canvassing after a pre-proclamation case was raised
questioning the disorderly behavior of a lawyer of a politics party.
1st ISSUE: Whether it constitutes an election offense.
Answer: NO. There is a provision which talks about continuing proceedings. However, it does not fall under this. It will only
be an offense when the suspension of canvassing is ordered by COMELEC to be stopped. Since there was no order by the
COMELEC, it is not an election offense.
Basis: Sec. 261 (aa) (2) of the Omnibus Election Code
Statement 13. COMELEC can withdraw the deputation of city prosecutors over election offenses.
1st ISSUE: Whether COMELEC can withdraw the deputation of city prosecutors over election offenses
Answer: NO. This is because prosecutors today have more powers than before and under the Automated Election Law,
they now have concurrent jurisdiction with COMELEC.
Basis: Sec. 265 of Omnibus Election Code as amended by Sec. 43 of the Automated Election Law.
LAST SESSION: ELECTION DISPUTE RESOLUTION
These are the 7 questions that will be answered:
1. What petition(s) or case(s) can be filed?

Categories Specific Cases
Electorate Inclusion and Exclusion
Annulment of the Book of Voters
Candidate Disqualification
Election Integrity Postponement of Elections
Failure of Elections
Pre-Proclamation Board of Canvassers-related
Consolidated Results-related
Election Protests/Post-Proclamation Election Protest
Quo Warranto
Election Offenses Against Candidates
Against Non-candidates and Voters
2. Who can be the petitioner(s)?
3. What will be the cause(s) of action?
4. When must the case be filed? When is the reglementary period?
5. Which public office will have jurisdiction at the first instance?
Branch Public Office
Regular Courts Supreme Court
Court of Appeals
Regional Trial Court
Municipal Trial Court
Tribunals Presidential Electoral Tribunal
Senate Electoral Tribunal
House of Representatives Electoral Tribunal
COMELEC National Board of Canvassers
En Banc
Division
Board of Canvassers
Board of Election Inspectors
Law Department
Election Law
Executive Department of Justice – Office of the Prosecutor
6. What are the possible defenses?

7. What would be the effect if the case(s) will prosper?
Statement 1. COMELEC issues a Resolution limiting the number of poll watchers to 2 per precinct.
1. Certiorari.
2. Anyone.
3. Grave abuse of discretion on the part of COMELEC because the law provides no limit to the number of poll watchers.
Based on Admin Law, a resolution cannot limit what is not limited under the law. Therefore, there is an undue
delegation of legislative authority.
4. Anytime.
5. Supreme Court.
6. Constitutional mandate of the COMELEC – to ensure Honest, Orderly, Peaceful Elections (HOPE).
7. Resolution will be voided.
Statement 2. The President of a Political Party was determined by a Party Committee to have
committed acts inimical to the interest of the Political Party. Said Political Party is the dominant
minority party. The President was expelled. He continues to use the name of the Party.
1. This is an intra-party issue. General Rule: No intra-party case can be filed before the COMELEC. Exception: When
the issue relates to the functions of COMELEC.
The situation falls under the exception because two factions of the Political Party are present. This will
result to two groups claiming the ER and CoC for the dominant minority party.
2. The other faction.
3. The President misrepresents himself as a representative of the party.
4. Anytime.
5. COMELEC Division because it is a party dispute and is judicial in nature.
6. President’s defenses
Expulsion has no merit and he is still eligible to be President of the Political Party
His expulsion will affect who the party will nominate as a representative for the upcoming elections; hence,
it may be tainted by bad faith
“Again, there are two grounds: (a) substantive due process and (b) procedural due process”
7. In favor of President: Wherefore premises considered the Party committed grave abuse of discretion in expelling
the President. In favor of plaintiff: (1) affirm expulsion, (2) procedural due process is followed, (3) there was no bad
faith or grave abuse of discretion, and (4) “COMELEC will recognize the legitimate faction” and enjoin the previous
President in using the name of the party
Statement 3. In 20 clustered precincts of a City with maximum number of voters, half of the
voters in each of the precincts are alleged to be non-residents. This was realized by a voter on
October 1, 2015.
“I have two questions here. What cases can be filed? And what cases cannot be filed?”
CAN BE FILED CANNOT BE FILED

1. Exclusion. Annulment of Book of Voters.
2. Any voter, political party, election officer. _NA_
3. Ineligibility. Qualifications for voters are found in “This can only be brought when it was attended
the Constitution and the Continuing Registration by fraud and it contains statistically improbable
Act. data.” COMELEC cannot decide on the right of
suffrage based on the Constitution.
Election Law
4. “Can it be filed on October 2? YES because it is _NA_

still outside the prohibited period. ”
5. MTC – RTC – CA (or SC on questions of law) – _NA_

SC
6. Most are overseas voters. “Voters are actual _NA_
residents or will be residents by May 9.”
7. “The names will not be in the book of voters or _NA_

computerized voters list.”
Statement 4. This matter was raised during the casting of votes (refer to situation 3).
1. “Can this matter (being non-residents) be raised during Election Day?” Yes. When the voter is casting his vote, any
poll watcher or a registered voter may challenge a voter’s qualification on the ground of lack of qualifications. “There
are two challenges: (1) illegal acts and (2) illegal voters. Which is applicable here?” Illegal voters.
2. Any poll watcher or registered voter.
3. Lack of qualifications.
4. Before he casts his vote, otherwise then the case will be moot.
5. Board of Election Inspectors.
6. Mistake on the registration, “you can show proof that you are a resident. You have a voter’s ID, a cedula.”
7. They will not be allowed to cast their vote.
Statement 5. This matter was raised during the canvassing of results (refer to situation 3).
1. “Pre-proclamation case cannot be brought because you cannot adduce extraneous evidence or evidence aliunde.
The best evidence should be the election returns. Election protest can not be raised either because it is still in the
canvassing.” “If allowed by the Board of Canvassers, what case will you file?” Challenging an illegal voter. “ You
cannot raise that during canvassing. Yet, despite that, the Board of Canvassers allowed it. What case can you file?”
You can file a Pre-Proclamation case.
2. _NA_
3. Illegal Proceedings.
4. “Votes are already transmitted and are now before the board. And they’re canvassing the ER from the precinct
where there are illegal voters. Yet the Board of Canvassers takes cognizance of that case. When must you raise
the illegal proceedings? When the illegal proceedings become apparent.”
5. Board of Canvassers or COMELEC division because they have concurrent jurisdiction.
6. No order to stop from COMELEC was received by the Board of canvassers (if filed with the COMELEC).
7. Wherefore the illegal proceeding is (1) null and there must be a (2) re-canvassing of votes.
Statement 6. CoC for Senator in 2013 states 3 year residency in Philippines on election day.
CoC for President, by same person, in 2016 states 10 year residency on election day.
1. Disqualification case.
2. Any voter or candidate.
3. Material misrepresentation of the residency requirement. (Requirement: Senator – 2 years; President – 10 years)
4. 25 days from the filing of the COC.
5. COMELEC Division because this is a judicial matter. PET has no jurisdiction because before proclamation.
6. Prove that you are resident, that it was an honest mistake. He or she is actually qualified.
7. The presidential candidate will be disqualified from running for office. Cancellation of the COC based on material
misrepresentation.
Statement 7. Assuming no case was filed prior to proclamation and said presidential candidate is
proclaimed (refer to situation 6).
1. Post-proclamation case, specifically, quo warranto.

2. Any voter. “If Election Protest, 2nd or 3rd placer for the presidential race.”
3. Lack of qualifications.
Election Law
4. Within 30 days.
5. Before the PET.
Statement 8. On March 1, the Mayor who was running for re-election released prisoners.
1. “What case can you file, although it might be dismissed?” A disqualification case.
2. Any voter or any candidate.
3. Commission of an election offense.
4. “When will you file it?” A DQ case can be filed after elections and after proclamation.
“Although it might be dismissed, you can always file a nuisance case for an election offense. But again,
I’m qualifying it as a nuisance case. That should not prosper.”
5. If DQ case, COMELEC division.
6. “Defenses of that candidate for mayor? And in this case, the case should be dismissed because of the defenses.
What are the defenses?”
The date. It wouldn’t constitute an election offense yet at the time it was committed because it must be 60
days before election. Specifically, March 10.
o “under the COMELEC calendar, illegal release is March 10.”
The mayor is not yet a candidate on March 1.
“This is not one of the election offenses enumerated under section 68.”
o “If it’s not an offense under section 68, your options would be?” Just an election offense.
o “If it’s under section 68, your options are?” Disqualification or an election offense case.
7. If the case prospers, the mayor will be disqualified as a candidate.
“Assuming there was already a proclamation? Like what happened to the governor of Laguna, the DQ case
was rendered after proclamation so the effect is?
o There are two effects of disqualification cases:
If decided prior to proclamation, he would not be considered a candidate; he would be
prevented from running.
If after proclamation, unseated.”
Statement 9. What if the release of prisoners was done on March 28.
1. If the release was on on March 28, it would be an election offense.

“Can you file a DQ case?” No because it is not one of those acts enumerated under section 68 of the OEC,
so a DQ case won’t prosper.
2. Any registered voter or any candidate
3. Cause of action sir would be the election offense committed.
“Is intent material?” No. Intent is immaterial because it is mala prohibita.
4. For election offenses it is within 5 years from the commission.
5. _NA_
6. _NA_
7. _NA_
Statement 10. The CoC for District Representative of a candidate who is single, a law graduate and
former President of a Student Council states that:
a. She is married
b. She is a Lawyer
c. She is a member of a Political Party
Responsible Citizen finds out today about the CoC.
1. To deny due course or cancellation of the CoC

2. _NA_
3. MATERIAL Misrepresentation.
4. 25 days from the filing of the CoC
5. COMELEC division because it is a quasi judicial action.
6. Defenses:
Election Law
The candidate can say that the things misrepresented were not material facts since its just on the civil status
and occupation, which are not part of the qualifications for the district representative
Also, it was filed out of time because it can only be filed 25 days after the filing of the CoC. And in this case,
it was found out today (March 15, 2016)
7. If the cancellation is granted, then she would be considered as to not having been a candidate at all.
“What happens to the ballot?” Any votes counted in favor of her would be considered stray. “But would it
still be counted?”
o “It all depends if the source code is already final. If it’s already final, then it will be counted but will
be set aside.”
Statement 11. What if during the pendency of that case, said candidate was proclaimed.
1. Election Protest or a QW.

In this case, since it is not an irregularity, it could be a QW, but since the facts in the case are that it is just
that her civil status and occupation which was misrepresented, it would not fall on the ground of QW.
NEITHER OF THOSE CASES WOULD PROSPER.
2. But if filed, it can be filed by:
If Election Protest, by any other person running for that position; and
If QW, it can be filed by any registered voter.
3. _NA_
4. _NA_
5. “Will COMELEC continue hearing the case?” Yes. COMELEC is not yet divested of jurisdiction.
“What are the 3 assumptions or variables we must consider in order for COMELEC to be divested of
jurisdiction?
o It should be after valid proclamation,
o oath and
o assumption into office”
Statement 12. COMELEC did not prepare for issuance of voting receipts.
SC decision directs COMELEC to issue receipts.
COMELEC argues lack of material time.
COMELEC reverts to manual election.
1. “Can COMELEC postpone the elections?” Yes.

Grounds for postponement:
o Force majeure
o Violence
o Terrorism
o Loss or destruction of election paraphernalia and
o Analogous causes.
“If you were the adviser of COMLEC, what will be your justifications to postpone?
o It might not be loss or destruction of election paraphernalia but it is analogous to it.
o To ensure an honest, open, and free elections. --- COMELEC Mandate.
2. “And the reversion to manual?” Automated Election Law only mandates that the COMELEC has a choice between
a one automated system and another automated system. ---sinabi ni sir to, not sure kung tama
3. “If you were a governing chair what will your vote be? Postpone or revert to manual? What will be the lesser evil?”
To postpone
o “What will happen?” The COMELEC would have to set a new date for the election.
30days. But this period is directory.
Statement 13. On May 8, violence erupted in a City with 250,000 voters.

City Election Officer issues a memorandum to delay opening of polls.
1. Postponement of Election
2. _NA_
3. On the ground of serious violence that it will be impossible to have an honest, open and free election.
Election Law
The phrase “materially affect the results..” is used only for failure of election, not for postponement.
4. _NA_
5. “Who can postpone?” The COMELEC en banc because it is administrative and, under the Synchronized Elections
Law, postponement is given to the COMELEC en banc expressly.
“Can the election officer delay the opening of the votes?” No. Only the COMELEC en banc can postpone
elections.
Statement 14. On May 10, during the canvassing of the votes, there were armed men terrorizing
voters in a municipality with 150,000 voters.
1. Failure of elections provided that there is failure to elect and that it would materially affect the results of the elections.
2. “Can this be done motu propio?”
For failure, it must always be verified petition.
For postponement, motu propio or verified petition.
3. Grounds (for failure):
Force Majeure
Violence
Terrorism
Fraud
Analogous causes
4. _NA_
5. “Where do you file a failure of elections case?” COMELEC en banc. Failure or postponement can be filed only with
the en banc.”
Statement 15. The Municipal Mayor funded these armed men.
1. A Disqualification case or Petition to disqualify.

2. _NA_
3. The mayor committed a prohibited act under section 68 of the OEC.
4. Anytime before proclamation
5. File with the COMELEC division
6. The defenses of the mayor would be
He was not the one who funded the army
It was done without his knowledge
“claim ignorance, blame others, no proof”
Statement 16. *skipped question*
Statement 17. During the casting of votes, 20 voters identified with a city mayoralty candidate
whose fingers were already stained by indelible ink were allowed to vote.
1. “What can you file against the mayor and the voters?”
For the voters, you can challenge the voters before the BEI
The mayor can also be challenged before the BEI.
2. Petitioners will be any registered voter.
3. “The mayor funded these voters, what can you file against the mayor?”
Vote buying -- “okay, if you’re making that assumption” -- Petition to disqualify on the ground of vote buying
citing the OEC section 68.
4. “When? When’s the deadline?”
For the voter’s, before they vote.
For the mayor, before proclamation. [NOTE: kung material misrepresentation yung ground, 25 days]
Statement 18. Said city mayoralty candidate won by 10 votes against another candidate
1. Election protest.
2. Any candidate for that position
Election Law
3. _NA_
4. 10 days after proclamation
5. File an Election Protest with the COMELEC division, never COMELEC en banc, because it is a quasi judicial
function
6. _NA_
7. If the case prospers, the city mayoralty candidate will be unseated and the (second dispositive portion,) true winner
is proclaimed.
[NOTE: relevant lang ang next in line or successor if it’s a DQ case]
Statement 19. During the canvassing before the Provincial BoC:

a. Dominant Minority Party was not given a copy of the CoC
b. BoC refuses to sign CoC
1. Pre-proclamation case and Election offenses.

These are 2 election offenses against the members of the BoC.
2. Petitioners would be the dominant minority party.
3. Illegal Proceedings
4. _NA_
5. Filed before the BoC or COMELEC division because they have concurrent jurisdiction.
Statement 20. During the canvassing before the Provincial BoC:

a. Electronic transmission indicates 5,000 votes for Gubernatorial candidate
from a city
b. While printed CoC states 6,000 votes for said candidate
1. Pre-proclamation case
2. _NA_
3. Discrepancy on the ERs. (You’re questioning the results, therefore, referring to the second cluster.)
4. _NA_
5. BoC. “What would be the procedure? Will you file a pre-proc regarding the votes or results?”
Oral objection with simultaneous written objection within 24 hrs. You must submit evidence within the 24
hrs.
o What evidence can you submit in an AES? There’s a discrepancy between the electronic
transmission and the printed. If you were the BoC, how would you resolve this? How would you
determine which one is the correct consolidated voting? What was electronically transmitted or your
print out?”
Electronically transmitted. You can resolve that by getting the other print outs or get the
SD card.
“In order for you to get the SD card which is inside the ballot box what are the
requirements? When can you open the ballot box after the casting?”
1. After casting of votes;
2. Upon order of the COMELEC to retrieve it;
3. Notify the treasurer, poll watchers and teachers.
Statement 21. No ruling on the pre-proclamation case.

Provincial BoC proclaimed another Gubernatorial candidate with margin of 500
votes.
1. Annul the proclamation then election protest OR straight to election protest.

2. _NA_
3. _NA_
5. COMELEC En Banc
Statement 22. Erasures in the CoCs were noticed during canvassing of votes for the President.
Election Law
1. “This happens in the Congress. (However, it can also happen before the board of canvassers because in every
BoC you canvass the president but they don’t proclaim.) The ultimate canvasser and the one who proclaims will be
the congress in joint session. So we’re now in congress.”
The congress can only look at the authenticity and the execution of the CoC.
1)“Erasures -- don’t you think this will go to authenticity or due execution?” There are enumerated
instances. “Is this one of the 4 or one of the 7? Erasure is one of the 7.”
2. _NA_
3. _NA_
4. _NA_
5. _NA_
6. _NA_
7. “Can congress proclaim or not proclaim based on this incident? Assume there are erasures in several CoCs and it
will materially affect the outcome.” If it will materially affect the outcome, they may suspend the proclamation.
“If you were the leading candidate, what will be your argument? If you were the lawyer of the leading
candidate, what will you want? What would be your prayers?”
1) Proclaim
2) Immediate proclamation
3) Erasures are not material
4) The proclamation of the candidate is based on electronic transmission, not the erasures.”
Statement 23. Party-list representative unseated because it was determined that he did not
renounce his American citizenship.
1. Quo Warranto
[walang word na proclaimed sa question pero dahil meron unseated, you make that assumption]
2. “For QW, any registered voter. If election protest, candidates, except for P, VP or municipal officials --- only second
or third placer.”
3. Ineligibility
5. _NA_
6. _NA_
7. He will be unseated “And what is the effect?” For party-list, the next in line in the list of nominees.
GOD BLESS YOU.

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Election Law Midterm Reviewer

SESSION 1: COMMISSION ON ELECTIONS

Statement 1. President appoints you to be an acting COMELEC Commissioner

Answer: the President cannot appoint an acting COMELEC Commissioner

Answer: No. Ayelle is not 35 years old.

Q. Can you be appointed even if you are not a lawyer?

1st Issue: Whether COMELEC can shuffle election officers.

Q. How long can an election officer stay in a certain city or municipality?

2nd Issue: Whether non-lawyers can be appointed as provincial election supervisors.

Q. Must Municipal Election Registrar be lawyers?

Basis: Art. IX-C, § 2 [CONST]; OEC, §52

Statement 6. COMELEC would not allow those without biometrics to vote.

Answer: Valid. See Q&A below.

Q. Can COMELEC impose a substantial requirement on suffrage?

Q. Is the No bio, No boto policy procedural?

Issue: Whether COMELEC provide for a 5 day period instead of 15 days?

Q. Isn’t 5 days too short?

Issue: Whether such resolution is valid.

2nd Issue: Whether SC can disturb the factual findings of COMELEC.

Q. On appeal, where do you appeal?

Issue: Whether RTC has jurisdiction?

*Note* Exclusive to COMELEC

Statement 13. Presidential candidate questions the jurisdiction of Comelec to hear a

Issue: Who has jurisdiction?

Q. All disqualification pertaining to all elective officials are cognizable by COMELEC?

Answer: After proclamation, COMELEC divests jurisdiction when

Statement 15. COMELEC Division in hearing postponement of election cites a person/petitioner in

1st Issue: Whether COMELEC Division can hear postponement of election

Answer: No. It should be COMELEC en banc that should hear such.

2nd Issue: Whether COMELEC can cite the petitioner in contempt

Issue: Whether pardon was valid?

Statement 17. COMELEC denies the registration of INC as a political party?

Answer: COMELEC CAN deny the register as INC is a Religious Denomination.

Q. Can a party which is inspired by the teachings of INC be denied?

Basis: OEC, §76

1st Issue: Whether COMELEC can provide for a paperless voting?

AES does not require a paper ballot

Answer: An unfilled Official Sample Ballot

Issue: Whether the President can do such?

Answer: FOLLOW THE CONSTITUTION

Statement 22. Congress mandate a two party system

Issue: Whether COMELEC can mandate a two party system

SESSION NO.2: ELECTORATE AND REGISTRATION

Statement 2. Congress can alter the list of qualifications of voters.

Answer: YES. The list [of qualifications] in the Constitution is exclusive.

2nd ISSUE: What are the qualifications?

Answer: The following are the qualifications of a voter:

1st ISSUE: Whether the COMELEC can ban a voter to vote

Answer: NO. This amounts to a substantial requirement of ownership on residency.

2nd ISSUE: What kind of residency is required in the Constitution?

1st ISSUE: How many members are there in the ERB?

Statement 6. Right to vote vs. Right to register

1st ISSUE: What is the right to vote?

Answer: The right guaranteed by the Constitution.

2nd ISSUE: What is the right to register?

Answer: 6 months before the day of the election

2nd ISSUE: Can Imelda Marcos register in all three places?

1st ISSUE: Whether the ground for disqualification is a substantive qualification

2nd ISSUE: How you can distinguish a qualification to a disqualification?

Answer: NO. What are only needed are:

1st ISSUE: Whether permanent US residents are allowed to vote

Answer: YES. They need three (3) requirements:

1st ISSUE: What is the list of voters?

Note Exclusive to COMELEC

Note plenary power of Congress to change statues.

Note 2 kinds of member: organic or synthetic.