11/27/18

WHAT IS SUFFRAGE?
SPECIAL LECTURES ON
Suffrage is the right to vote in the election of
ELECTION LAWS officers chosen by the people and in the
determination of question submitted to the people.
It includes election, plebiscite, initiative and
by: Atty. Voltaire G. San referendum.

Pedro Under our Constitution, suffrage is both a right and

a privilege.

1 2

QUALIFICATIONS AND
DISQUALIFICATIONS OF VOTERS
Article V, Section 1 of the Constitution Section 9 of R.A. 8189 (Voter’s Registration Act of 1996)
To exercise the right of suffrage, a person must Any person, who, on the day of registration may not have
reached the required ageor period of residence but who, on
be (1) a Filipino citizen; (2) at least 18 years of the day of the election, shall possess such qualifications,
age; (3) a resident of the Philippines for at least may register as a voter
one year; (4 ) a resident of the place where he
proposes to vote for at least six months; and
(5) not otherwise disqualified by law. No
literacy, property, or other substantive
requirement shall be imposed o n the exercise
of suffrage.

3 4

Citizenship Qualification Residence

v Naturalized or native born. v It imports not only the

intention to reside in fixed
v Burden of proof is in the voter. place, but also personal
presence in that place
coupled with the conduct
indication of such intention.

5 6

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Determination of Permanency Residence vs. Domicile

vPundaodaya v. COMELEC (G.R. No. 179313, 2009)

v It is not necessary that there vThe petitioner filed a disqualification case against her
opponent on the ground that the latter lacked the
be an intention to remain residency qualification. In election cases, the Court treats
domicile and residence as synonymous terms. Both
permanently at the chosen impart not only an intention to reside in a fixed place but
also personal presence in that place, coupled with
domicile, it is sufficient that conduct indicative of such intention. Domicile denotes a
the place is for the time being fixed permanent residence to which, when absent for
business, pleasure, or like reasons, one intends to return.
the home of the voter to the The Court found that petitioner’s opponent had indeed no
residency qualification since he had not abandoned his
exclusion of the other voter. domicile of origin for his present residence.

7 8

Persons Disqualified for Voting b) Convicted of a crime involving

(Sec. 118, Omnibus Election Code) disloyalty to the duly constituted
a) Conviction of a crime – more government i.e. rebellion,
than 1 year sedition, violation of anti-
subversion and firearms law,
Exceptions: crime against national security.
1) plenary pardon or granted
amnesty.
c) Insane or incompetent persons as
2) after 5 years from service of
sentence (automatic).
declared by competent authority.

9 10

How can a voter reactivate his registration? When should the application be filed?

nHe may file with the Election Officer a sworn application for nNot later than 120 days before a regular election and 90 days
registration in a form of an affidavit stating that the grounds for before a special election.
deactivation no longer exist.

11 12

2

Who shall decide this?
nThe Election Officer shall submit such application to the
Election Registration Board for appropriate action. (Sec. 28,
R.A. 8189)
13
Who may file a petition for inclusion?
nIt shall supported by a certificate of disapproval of his
application and proof of service of notice of his petition upon
the Board. The petition shall be decided within 15 days after its
filing. (Sec. 34, R.A. 8189)
15
Who may file a petition for exclusion?
nThe petition shall be accompanied by proof of notice to the
Board and to the challenged voter, and shall be decided within
10 days from its filling. (sec. 35, R.A. 8189)
17
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Who may file a petition for inclusion?
nAny person whose application for registration has been
disapproved by the Board or whose name has been stricken out
from the list may file with the court a petition to include his
name in the permanent list of voters in his precinct at any times
except 105 days prior to a regular election or 75 days prior to a
special election.
14
Who may file a petition for exclusion?
nAny registered voter, representative of a political party or the
Election Officer, may file with the court a sworn petition for the
exclusion of a voter from the permanent list of voters giving the
name, address and the precinct of the challenged voter at any
time except 100 days prior to a special election.
16
JURISDICTION IN INCLUSION AND EXCLUSION
PROCEEDINGS
nThe Municipal Trial Court and the Metropolitan Trial Courts shall
have original and exclusive jurisdiction in their respective cities and
municipalities
nRTC appealate jurisdiction. The RTC shall decide it within 10 days
from receipt of appeal.
18
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COMELEC GENERAL RULE:

v Composition: The Comelec sitting en banc does
v1 Chairman, and 6 Commissioners NOT have the requisite authority
vQualifications to hear and decide election cases in
vNATURAL-BORN Citizen the first instance. This power
vAt the time of their appointment, at least 35 years of
age pertains ot the divisions of the
vHolder of a College Degree Commission. Any decision by the
vMust n ot have been candidates for an y elective En Banc as regards election cases
position in the preceding elections decided by it in the first instance is
vMajor ity, including the Chairman, shall be a
member of the Bar who has been engaged in the
null and void
practice of law for at least 10 years

19 20

EXCEPTIONS: JUDICIAL REVIEW OF COMELEC DECISIONS

1. Purely administrative, and not The SC has the power to review any
quasi-judicial cases. decision, order or rulin g of the
2. When the required number of vote s COMELEC, but limits su ch powe r
is not reached in the division. to a final resolution of the Comelec
3. Estoppel en banc.
4. Petitions for postponement,
declaration of failure of election,
and the calling of special elections.
5. Prosecution of election cases.

21 22

REGISTRATION OF VOTERS
v Note: In order that a qualified
v Registration - refers to act of accomplishing and filing a elector may vote in any election,
sworn application for the registration by a qualified voter
before the election officer of the City or Municipality wherein he plebiscite or referendum, he must
resides and including the same in the book of registered voters
upon approval by the Election Registration Board (R.A. 8189,
be registered in the permanent list
Voter's Registration Act of 1996, Sec. 3 (a)) of voters for the city or
municipality in which he resides.

23 24

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System of Continuing Registration

Akbayan Youth vs. COMELEC
v The personal filing of voters shall be conducted daily in the
March 26, 2001
office of the election officer during regular office hours.
v Petitioner requested for two
v No registration shall, however, be conducted during the period
starting 120 days before a regular election and 90 days before a (2) additional registration days
special election.
(Voter's Registration Act of 1996,
in order to enfranchise more
Sec. 8, R.A. 8189) than 4 million youths between
the ages 18-21 who failed to
register on or before December
27, 2000.
25 26

v Held: Petition was denied. The law

was simply followed by the COMELEC, v“Elector” - citizen having
and it is an accepted doctrine in constitutional and statutory
administrative law that determination of qualifications that enable or
administrative agencies as to the
operation, implementation and entitle him to vote.
application of a law is accorded great
weight, considering that these specialized v “Voter” - an elector who
government bodies are, by their nature actually exercises the privilege
and functions, in the best to know what of voting.
they can possibly do or not do under
prevailing circumstances.
27 28

Where to Register?
Election Registration Board
v Registration with Election v There shall be in each city and municipality as many Election
Registration Board (ERB). Registration Boards as there are election officers therein.
v No member of the Board shall be related to each other or to
any incumbent city or municipal elective official within the
fourth civil degree of consanguinity or affinity.
v “There shall be in each city and (Sec. 15, R.A. 8189)

municipality as many as ERB …

to act on all applications for
registration…”
29 30

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Composition of ERB Challenges to Right to Register

(Sec. 18, R.A. 8189)
1) ELECTION OFFICER –
Chairman 1) Any voter, candidate, or
2) PUBLIC SCHOOL OFFICER - representative of a registered
Member political party may challenge in
3) LOCAL CIVIL REGISTRAR - writing any application for
Member registration, stating the grounds
therefor. the challenge shall be under
4) MUN./CITY TREASURER – oath and be attached to the
Member application, together with the proof
of notice of hearing to the challenger
31
and the applicant. 32

2) Oppositions to contest a registrant's application for inclusion

in the voter's list must, in all cases, be filed not later than the
second Monday of the month in which the same is scheduled
Deactivation of Registration
to be heard or processed by the Election registration Board. (Sec. 27, R.A. 8189)
3) The hearing on the challenge shall be heard on the third
Monday of the month and the decision shall be rendered
before the end of the month.
The registration of the following
(Sec. 18, R.A. 8189) persons
may be deactivated:
a) Any person who has been sentenced
by final judgment to suffer
imprisonment for not less than one
(1) year, such disability not having
been removed by plenary pardon or
amnesty.
33 34

b) Any person who has been adjudged by c) Any person declared by competent authority to be insane or
incompetent unless such disqualification has been
final judgment by a competent court subsequently removed by a declaration of a proper authority
that such person is no longer insane or incompetent.
or tribunal of having
caused/committed any crime d. Any person who did not vote in the two successive preceding
regular elections as shown by their voting records. For this
involving disloyalty to the duly purpose, regular elections do not include the Sangguniang
constituted government such as Kabataan (SK) elections.

rebellion, sedition, violation of the

anti-subversion and firearms laws, or
any crime against national security,
unless restored to his full civil and
political rights in accordance with law.

35 36

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e) Any person whose Reactivation of Registration

(Sec. 28, R.A. 8189)
registration has been v Any voter whose registration has been deactivated may file with
the ERB a sworn application for reactivation of his registration in
ordered excluded by the the form of an affidavit stating that the grounds for the
deactivation no longer exist any time but not later than 120 days
Court; and before a regular election and 90 days beforea special election. The
Election Officer shall submit said application to the ERB for
appropriate action.

f) Any person who has lost

his Filipino citizenship.

37 38

Local and Overseas Absentee Exceptions:

Voting v Members of the BEI
v General Rule: A person must v Any person who by reason of public
be physically present in the functions and duties, is not in his
place of registration on election
polling place whereof he is a day, may vote in the
registered voter to be able to city/municipalit y where he is
vote. assigned, provided that he is a duly
registered voter.
v Overseas Absentee Voter (RA 9189)

39 40

INCLUSION AND EXCLUSION b) Notice of the place, date and

PROCEEDINGS
(Sec. 32, R.A. 8189) time of the hearing of the
v Common Rules Governing Judicial Proceedings in
petition shall be served upon
the Matter of Inclusion, Exclusion and Correction of
Names of Voters:
the members of the Board and
the challenged voter upon the
a) Petiti on for inclusion, exclusi on or filing of the petition.
correction of name s of voters shall be
filed during office hours. c) A petition shall refer only to 1
precinct and shall implead the
Board as respondents.

41 42

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d) No costs shall be assessed against any
party in these proceedings. Howeve r, if
the court should find that the
application has been filed solely to
harass the adverse party and cause him
to incur expen ses, i t shall order the
culpable party to pay the costs and
incidental expenses.
e) Any voter, candidate or p olitical party
who may be affected by the
proceedings may intervene and present
his evidence.
43
g) The petition shall be heard and
decided within 10 days from the date
of its filing. Cases appealed to the
RTC shall be decided within 10 days
from receipt of the appeal. In all
cases, the court shall decide these
petitions not later than 15 days
before the election and the decision
shall become final and executory.
45
v Appeal: Decisions of the MT Cs may
be a ppealed to the RT C within 5 days
from receipt of notice thereof.
Otherwis e, said decision shall become
final and ex ecutory. RT C shall decide
the appeal within 10 days from the
time it is received and the decision
shall imm ediately become fina l and
executory. No motion for
recons ideration shall be entertained.
(Sec. 33, R.A. 8189)
47
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f) The decision shall be based on the
evidence presented and in no case
rendered upon a stipulation of facts.
If the question is whether or not the
voter is real or fictitious, his non-
appearance on the day set for
hearing shall be prima facie
evidence that the challenged voter is
fictitious.
44
Jurisdiction in Inclusion and Exclusion
Cases
vOriginal and Exclusive
Jurisdiction: The Municipal
and Metropolitan Trial Courts
shall have original and exclusive
jurisdiction over all cases of
inclusion and exclusion of voters
in their respective cities or
municipalities.
46
v Note: It is not within the competence of the trial court, in
exclusion proceedings, to declare the challenged voter as a
resident of another municipality. The jurisdiction of the trial court
is limited only to determining the right of the voter to remain in
the list of voters or to declare that the challenged voter is not
qualified to vote in the precinct in which he is registered,
specifying the ground for the voter's disqualification. (Domino vs.
COMELEC, G.R. No. 134015, July 19, 1999)
48
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PETITION FOR PETITION FOR Time of Anytime except one Anytime except one
Filing hundred five (105) days hundred days(100)
INCLUSION EXCLUSION
prior to a regular prior to a regular
(Sec. 34 R.A 8189) (Sec. 35, R.A 8189) election or seventy-five election or sixty-five
Prayer Any person whose Any registered voter, (75) days prior to a (65) days before a
application for representative of a special election special election
registration has been political party or the
disapproved by the Election Officer, may
Board or whose name file with the court a
Accom- 1. Certificate of Proof of notice to the
has been stricken out sworn petition for
panying Disapproval of his Board and to the
from the list may file the exclusion of
Docu- application challenged voter.
with the court a petition voters giving the
ments 2. Proof of service of
to include his name in name, address and
the permanent list of precinct of the notice of his petition
voters in his precinct challenged voter upon the Board
Period Within 15 days after its Within 10 days
to filing from its filing 49 50

decide

POLITICAL PARTIES PURPOSES OF REGISTRATION

v Any organized group of persons v To acquire juridical personality;
may register as a party, vTo entitle it to rights and
organization or coalition for privileges grated to political
purposes of the party-list system parties; and
by filing with the COMELEC a vTo participate in the party-list
petition stating its desire to system
participate in the party-list system.

51 52

GROUPS WHICH CANNOT BE GROUNDS FOR CANCELLATION

REGISTERED
v Religious denominations or sects;
v Citizen’s arm accredited by the Commission;
v Those whic h cannot ha ve no platfor m or
program of government
v Those who s eek to achi eve their goals
through violence or unlawful means;
v Those who r efus e to uphold and adhere to the
constitution
v Those supported by foreign governments.
53
v It is a religious denomination or sect, organized for
election purposes;
vAdvocates violence/unlawful means to seek its goal;
vReceiving support from FOREIGN: government,
political party, foundation, organization, whether
directly or indirectly;
vViolates or fails to comply with election laws
vCeased to exist for at least 1 year
vDeclares unlawful statements in its petition
vFails to participate in the last 2 preceding elections or
fails o obtain at least 2% of the votes cast under the
party-list system in the 2 preceding elections.
54

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Atong Paglaum v. COMELEC ELECTION OF PARTY-LIST

(G.R. No. 203766, 2013) REPRESENTATIVES

nThis case stemmed from 54 petitions for certiorari from Atong The party-list representatives shall
Paglaum, Inc. and 51 other parties who were disqualified by the
COMELEC in May 2013 as party-list for not being qualified as constitute 20% of the total number of
repres entatives for marginalized or underrepresented sectors. representatives, including those under the
R.A. 7941 does not require national and regional parties or
organizations to represent the marginalized and underrepresented party-list system.
sectors. The phrase “marginalized and underrepresented” should
refer only to those sectors in Section 5 that are, by their nature,
economically marginalized and underrepres ented. The nominees
of the sectoral party either must belong to the sector, or must
The Party-list system is a mechanism of
have a track record of advocacy for the s ector repres ented. proportional representation of
National, regional, and sectoral parties or organizations shall not
be disqualified if some of their nominees are disqualified, representatives to the House of
provided that they have at least one nominee who remains Representatives
qualified.
55 56

FOUR PARAMETERS IN THE PHILIPPINE

MANNER OF VOTING PARTY LIST
(BANAT VS. COMELEC)
Every voter shall be entitled to 2 votes:
1. 20% allocation
1. For a candidate for member of the House
2. A guaranteed seat for a party-list
of Representatives in his legislative
organization garnering 2% of the total
district; and
votes cast
2. For the party, organizations, or coalition
3. Proportional representation
he wants represented in the House of
Representatives (Section 10, Party-List 4. Three-seat cap
System Act)

57 58

CANDIDACY QUALIFICATIONS OF CANDIDATES

NATIONAL
v Who is a Candidate? "any person
PRESIDENT/ SENATOR
aspiring for or seeking an elective VICE-PRESIDENT
public office, who has filed a 1) Natural-born citizen 1) Natural-born citizen
Certificate of Candidacy (COC) by 2) At least 40 years old on the 2) At least 35 years old on
himself or through an accredited day of the election
3) Able to read and write
the day of the election
3) Able to read and write
political party, aggroupment, or 4) Registered voter
4) Registered voter
coalition of parties." (Section 79 5) Resident of the Philippines
for at least 10 years 5) Resident of the
(a) Omnibus Election Code) immediately preceding the Philippines for not less
day of the election (Sec. 2 Art. than 2 years immediately
VII, Constitution) preceding the day of the
59 election (Sec. 2 Art. VI) 60

10

LOCAL
DISTRICT REPRESENTATIVE
1) Natural-born citizen
2) Registered voter in the district in which he
shall be elected
3) Resident of the same district of not less than 1
year immediately preceding the day of election.
4) Able to read and write
5) At least 25 years old on the day of election
(Sec. 6, Art. VI)
CASE:
FRIVALDO vs. COMELEC
(174 SCRA 245)
v Qualifications prescribed by law
are continuing requirements and
must be possessed for the duration
of the officer 's active te nure. Once
any of the re quired qualif ication is
lost, his title to the office may be
seasonable challenged.
3) sentenced by a final judgment for any
of the following offenses:
a) subversion, insurrection, rebellion, or
b) offen se for which he has been sen tenced
to a penalty for more than 18 months.
c) crime involving moral turpitude. (i.e.
issuing of a bouncing checks with out
sufficient funds, (Villaber
COMELE C, Nov. 15, 2001, G.R.
148326).
11/27/18
Governor/Vice-Governor Mayor/Vice-Mayor
Punong Barangay/ Sanggunian Members
1) Citizen of the Philippines
2) Registered voter in the Barangay, municipality, city or province, or, in
case of a member of the SG panlalawigan, panlungsod, or bayan, the
district where he intends to vote.
3) Resident therein for at least 1 year immediately preceding the
election;
4) Able to read and write Filipino or any other local language or dialect.
5) On election day, age must at least be :
a) 23 years - Governor, Vice-Governor, Member of the SG Panlalawigan,
Mayor, Vice-Mayor, Member of the SG Panlungsod of Highly Urbanized
Cities.
b) 21 years - Mayor or Vice-Mayor of ICC, CC, or municipalities
c) 18 years - member of the SG panlungsod, or SG bayan, or Punong
Barangay or member of the SG barangay but not more than 18 years -
SK (Sec. 39, R.A 7160)
61 62
DISQUALIFICATIONS
under the OEC
1) declared as insane or
incompetent by a competent
authority.
2) a permanent resident to or
immigrant to a foreign
country unless he waives such
status.
63 64
DISQUALIFICATIONS
under the LGC
1) sent enced by final judgm ent for an
offens e punis hable by 1 yr. or more of
imprisonm ent or wit hin 2 yrs. after
service.
vs.
2) remove from office as a res ult of a n
administrative case.
65 66
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3) convicted by final judgment
for violating the oath of
allegiance to the Republic of
the Philippines.
4) those with dual citizenship.
67
EFFECTS OF FILING
CERTIFICATE OF CANDIDACY
1) appointive officials,
2) active members of the AFP, and
3) officers and employees of the
GOCC
- shall be ipso facto resigned
from his office upon the filing of
the COC.
69
v Elective official, whether
national or local - no longer
deemed resigned when he files
a COC for the same or other
elective office or position. (Sec. 14,
Fair Election Act expressly
repealed Sec. 67 of BP 881.)
71
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5) fugitive from justice.
6) permanent residence in a
foreign country.
68
Question:
v Is it required that before he files
COC, he should resign first his
appointive office?
Answer:
v That is not required.
70
SUBSTITITION OF CANDIDATES
vIf after the last day for the filing of
COCs, an official candidat e of a
registered accredited political parti
DIES, WIT HDR AW S, or is
DISQUAL IFIED for any cause, only a
pers on belonging to, and cert ified by,
the sam e political party m ay file a
COC to replace the candidate NOT
LATER T HAN m id-day of the day of
election. 72
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v No substitute shall be allowed for
an independent candidate.
vA candidate whose COC has been
cancelled or not given due course
cannot be substituted by another
belonging to the same political
party.
73
v If the death or disqualification
should occur between the day before
the election and mid-day of election
day, the substitute candidate may
file his COC with any Board of
Election Inspectors in the political
subdivision where he is a candidate,
provided that the substitute and
the substituted candidate have the
same surnames. (Sec. 15, Res. No.
9518)
75
v Instances when COMELEC may
go beyond the face of
Certificate of Candidacy
1) Nuisance Candidate
2) Petition to deny due course or to
cancel a certificate of candidacy
3) Filing of a disqualification case on
any of the grounds enumerated in
Sec. 68, OEC
77
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Question:
v Can there be a valid substitution
of candidates even on the day of
the election itself?
Answer:
v Yes. only on death and
disqualification shall substitution
may take place upon the start of
the campaign period until mid -day
of the elections.
74
MINISTERIAL DUTY OF COMELEC TO
RECEIVE CERTIFICATES
v When a candidate files his COC, the COMELEC
has only a ministerial duty to receive and
acknowledge its receipt pursuant to Sec. 76 of the
OEC, (Luna vs. COMELEC April 24, 2007)
v The receiving officer shall have the ministerial
duty to receive and acknowledge receipt of the
certificates of candidacy/nomination by registered
political parties or coalition of political parties on
or before the deadline for filing of certificates of
candidacy, provided said certificates are under
oath and contain all the required data in the form
prescribed by the commission. (Sec. 8 Comelec
Resolution 8678)
76
NUISANCE CANDIDATES
v COMELEC may motu propio
or upon a verified petition of
an interested party, refuse to
give due course to or cancel a
COC if it is shown that said
certificate was filed:
78
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1) to put the election process in Mockery or disrepute; PETITION TO DENY OR CANCEL

2) to cause Confusion among voters by similarity of the names of
registered candidates;
CERTIFICATES OF CANDIDACY
vA verified petition seeking to
3) by other circumstances or acts which demonstrate that a
candidate has no bona fide intention to run for the office
for which the certificate of candidacy has been filed, and thus
prevent a faithful determination of the true will of the electorate. deny due course or to cancel a
COC may be filed by the person
exclusively on the ground that
any material representa-
tion contained therein as
required under Sec. 74, OEC is
false. (Sec. 78, OEC)
79 80

Who may file this petition and on what

When it may it be filed?
ground may it be filed?
v Itmay be filed by any person v Itmay be filed at any time not
exclusively on the ground that later than 25 days from the time
any material representation of the filing of the certificate of
contained in the certificate of candidacy and shall be decided,
candidacy is false. after due notice and hearing,
not later than 15 days before the
election.

81 82

CASE:
GONZALES VS. COMELEC AND BICHARA, 2011
1) Before Election, pursuant to
Section 78, OEC (material
vThere are two instances where a
petition questioning the
representation contain in
qualifications of a registered the COC is false): and
candidate to run for the office for 2)After Election, pursuant to
which his COC was filed can be Section 253, OEC (Petition
raised under the Omnibus for quo warranto), viz:
Election Code, to wit:
83 84

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“Petition for quo warranto. Any voter
conte sting the election of any
(Member of the Batasang Pambansa,)
regional, provincial, or city officer on
the ground of ineligibility or of
disloyalty to the Republic of the
Philippines shall file a sworn petition
for quo warranto with the
commission within 10 days after the
results of the ele ction. (Sec. 253,
OEC.)"
85
Held:
Petition denied because it
was filed out of time. It
must be filed not later than
25 days from the filing of
the COC.
87
v The Maligaya Feedmill
building could not have been
Mitra’s residence because it is
cold and utterly devoid of any
indication of Mitra’s personality
and that it lacks loving
attention and details inherent
in every home to make it one’s
residence.
89
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Example of material representation
CASE:
LOONG vs. COMELEC, 216 SCRA 760,
(False age requirement)
Facts:
Candidates for Vice-Governor of the
ARMM. Ele ction took place and
pending promulgation of the winning
candidate, a petition was filed seeking
to cancel the COC on the ground of
material representation (Loong was
under age). 86
CASE:
MITRA vs. COMELEC AND GONZALES, 2010
(Residency Requirement)
vThe critical issue is the
presence of deliberate
false material
representation to
deceive the electorate.
88
v The Supreme Court foun d in the
present case t hat Mitra did n ot
deliberately misrepresent his
Aborlan residence to deceive or
mislead the Palaw an electorate
since he in fact adduced positive
evidence of transfer of residence
which the private respon dents
failed to sufficiently controvert.
90
15

v In this regard, the Supreme Court
noted with emphasis that Mitra
undertook “incremental moves” to
his new domicile in Aborlan as
evidenced by the following:
1) his expressed intent to transfer to a
residence outside Puerto Princesa City
to make him eligible for a provincial
position;
2) his preparatory moves starting in
2008;
91
5) the purchase of a lot for his
permanent home; and
6) the construction of a house
on the said lot which is
adjacent to the premises he
was leasing pending the
completion of his house.
93
v Nevert heless,if for any reason, a
candidat e is not declared by final
judgment before an election to be
disqualified and he is voted for and
receives the winning num ber of votes in
such elect ion, his vi olati ons of the
provisi ons of the pr ecedin g
secti ons shall not pr event his
proclama tion and ass umption to
office. (New)
95
11/27/18
3) the transfer of registration as
a voter in March 2009;
4) his initial transfer through a
leased dwelling at Maligaya
Feedmill;
92
EFFECTS OF DISQUALIFICAT ION
v Any candidate who has been
declared by final judgment to
be disqualified shall not be
voted for, and the votes cast
for him shall not be counted.
(Sec.6, R.A. No. 6646)
94
WITHDARAWAL OF COC
v Any person who has filed a Certificate
of Candidacy may, at any time before
election day, file personally a
Statement of Withdrawal under oath.
v No Statement of Withdrawal shall be
accepted if filed by a person other than
the candidate himself or if filed by
mail, electronic mail, telegram or
facsimile. (Sec. 14, Res. No. 9518)
96
16
 11/27/18

vA person who has

v The filing of a withdrawn his COC for a
withdrawal of a COC shall position shall not be
not affect whatever civil, eligible, whether as a
criminal or administrative substitute candidate or not,
liabilities a candidate may for any other position. (Sec.
have incurred. 14, Res. No. 9518)
97 98

v In Monsale vs. Nico, (83 CAMPAIGN

Phil, 758), the withdrawal What is an Election Campaign or Partisan Political
Activity?

of the withdrawal for the vIt is an act designed to promote the election or defeat of
a particular candidate/s to a public office.
purpose of reviving the
COC, must be made within
the period provided by law
for filing the COC.
99 100

Who are the Persons Prohibited from

Campaigning: PRE-MATURE CAMPAIGNING
vMembers of the Board of Election Inspections v General Rule:
vCivil Service officers or employees
vMembers of the military
Any election campaign or
vForeigners, whether judicial or natural partisan political activity for or
agaist any candidate outside of
the campaign period is
prohibited and shall be
considered as an election offense.

101 102

17

PRE-MATURE CAMPAIGNING
v Exception:
Political parties may hold
political conventions to nominate
their official candidates within
30 days before the start of the
period for filing a certificate of
candidacy.
103
nThus, a candidate is liable for an
election offense only for acts done
during the campaign period, not
before. Before the start of the
campaign period, such election
offenses cannot be committed and
any partisan political activity is
lawful.
105
CAMPAIGN PERIOD
v Presidential and VP - 90 days
v Senatorial, Congressional, Provincial
and City/Municipal - 45 days
v Barangay - 15 days
N.B. Period of time within the election
period specified by law when candidates
can legally conduct election activities.
107
11/27/18
In Penera v. COMELEC, at the time the
supposed premature campaigning took
place, Penera was not officially a
“candidate” although she already filed
her certificate of candidacy. Under
Section 15 of R.A. 9369, a person who
files his certificate of candidacy is
considered a candidate only at the start
of the campaign period, and unlawful
acts applicable to such candidate take
effect only at the start of such campaign
period.
104
v In Lanot vs. COMELEC, A
person who files a certificate
of candidacy is not a
candidate until the start of
the campaign period.
106
Prohibited Contributions
I. a) Public/Private Financial Institution
b) Natural/Juridical person operating public
utility
c) N/J person hold contracts to supply the
government
d) N/J person who was granted franchise
e) N/J person granted loan by government
P100,000.00
f) Education Institution revive public funds
g) Employees/Officials Civil Service/Armed
Forces
II. Foreign Nationals
III. Fund Raising (Lotteries, dances, contest,
cockfights)
108
18

SOLICITING OR RECEIVING CONTRIBUTIONS
FROM FOREIGN SOURCES (SEC. 96, OEC)
vIt shall be unlawf ul for any person,
including a polit ical party or public
or private entit y to solicit or receive,
direct ly or indirect ly, a ny aid or
contribut ion of whatever form or
nature from any foreig n, national,
gover nm ent or entit y for the
pur poses of influencing t he r esults of
the election.
109
Fair Election Act of 2001
(R.A. No. 9006)
Lawful Election Propaganda
1) Written/printed materials (8 1/2 inches x 14
inches)
2) Handwritten/printed letters
3) Posters not exceeding 2 x 3 feet
4) Print ads (1/4 page in broadsheets, and 1/2 page
for tabloid, published thrice a week)
5) Broadcast ads on TV and Radio
a) National position - 120 minutes for TV, 180
minutes for radio
b) Local position - 60 minutes for TV and 90 minutes
for radio
111
Prohibited Form of
Election Propaganda
v Is this provision a violation of the
freedom of expression under the
constitution?
v No. The prohibition against certain
forms of election propaganda was
upheld as a valid exercise of the
police power.
113
11/27/18
PROHIBITED RAISING OF FUNDS
(Sec. 97, OEC)
vIt shall be unlawful for any person to hold dances, lotteries,
cockfights, games, boxing bouts, bingo, beauty contests,
enter tainmen ts, or cinematographic, theatrical or other
performances for the purpose of raising funds for an election
campaign or for the support of any candidate from the
commenc emen t of th e el ection p eriod up to and including
election day; or for any person or organization, whether civi c or
religious, directly or indirectly, to solicit and/or accept from
any candidate for public of fice, or from his campaign manager,
agent or represen tative, or any p erson acting in their behalf,
any gift, food, transportation, contribution or donation in cash
or in kind from the comm encem ent of the elec tion period up to
and including election day; Provided, That normal and
customary religious stipends, tithes, or collections on Sundays
and/or other designated collection days, are excluded from this
prohibition.
110
Published or Printed
Election Propaganda
v “Paid for by”
v “Printed by”
112
Limitations on Expenses/
Lawful Expenditures
I. for candidates
vPresident and Vice-President - P10/voter
vOther candidate, if with party - P3/voter
vOther candidate, if without party -
P5/voter
II. for political parties
vP5.00 - every voter currently registered in
the constituency or constituencies where
it has official candidates.
114
19

Statement of Contribution and
Expenses
Every candidate and treasurer of a
political party shall file:
v In duplicate with the COMELEC
v The full, true and itemized statement of
all contributions and expenditures in
connection with the election.
v Within 30 days after the day of the
election
115
Are candidates who withdraw after the filing
of certificate of candidacies required to
comply with the filing of the said statement
of all contributions and expenditure?
Yes, as decided in Pilar vs COMELEC,
245 SCRA 759.
117
v R.A. 8436 – An act authorizing the
COMELEC to use Automated Election
System (AES), amended some
provisions of BP 881.
v Section 164 (B.P. 881)
Ø Composition: A Chairman and two
(2) members; one will be designated
as the poll clerk. = All shall be public
school teachers. At least 1 shall be an
information technology capable
person certified by the DOST
119
11/27/18
Effect of Failure to file statement:
nNo person elected to any
public office shall enter upon
the duties of his office until he
has files the statement of
contributions and
expenditures.
116
Board of Election Inspectors
v They are frontline election
officers. They perform such duties
and discharge such responsibilities
that make them, in the real sense,
foot soldiers who see to it that
elections are free, honest and
orderly. (Sumulong vs. COMELEC,
70 Phil. 703)
118
CANVASSING PROCEDURE IN
GENERAL (R.A. 9369)
1) For Senators and Party-List Representatives
v The National Board of Canvassers for
Senators and Party-list Representative s
shall be the Chairmen and the members of
the COMELEC si tting en banc. It shall
canvass the results by consolidating the
certificates of canvass electronically
transmitted. Thereafter, the national board
shall proclaim the winning candidates for
senators, and party-list representatives.
(Sec. 22, RA 9369)
120
20
 11/27/18

2) For President and Vice-President

b) Opening of Certificates of
a) Transmission of Returns - The National Board of Canvassers Canvass - Upon receipt of the
for President and Vice-President is the Congress. The Certificate of
canvass for President and Vice-President duly certified by the certificates of canvass, the
board of canvassers of each province or city shall be electronically
transmitted to the Congress, directed to the President of the President of the Senate shall, not
Senate.
later than thirty (30) days after the
day of the election, open all the
certificates in the presence of the
Senate and the House of
Representatives in joint public
session.
121 122

d) Proclamat ion - the person having

the highest number of votes shall be
c) Canvass of the votes by proclaimed elected. (Sec. 28, RA 9369)
Congress - upon determination of
e) In case of tie - In case two or more
the authenticity and the due shall ha ve an equal a nd hig hest
execution of the COC's in the number of votes, one of them s hall
manner provided by law, the forthwit h be chosen by a vot e of a
Congress shall canvass all the majority of all t he m embers of
results for president and vice- Congress.
president.

123 124

f) Congress and the Commission en WATCHERS

banc shall determine the v Who are entitled to watchers?
authenticity and due execution of 1) Every registered political party, coalition of
the certificate of canvass for the political parties and every independent
candidate shall each be entitled to 1
president and vice-president and WATCHER in every polling place and
senators, respectively as canvassing center.
accomplished and transmitted by 2) Candidates of Sanguniang Panlalawigan,
the local board of canvassers. Panglungsod or Bayan belonging to the
same ticket shall collectively be entitled
(Sec. 37 RA 9369) only to 1 WATCHER . (Sec. 26, R.A. No.
7166)
125 126

21
 11/27/18

Rights and Duties of Watchers 4) To file protest against any

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 notes and photographs of
the proceedings;
irregularity or violation of law;
5) To be furnished with the
Certificate of Number of Votes
cast for each candidate;
6) To read the ballots after they
shall have been read by the
Chairman of the BEI.
(Sec. 179, OEC)

127 128

Qualifications of Watchers
1) Qualified voter of the City and Municipality;
2) Good reputation;
3) Shall not have been convicted by any final
judgment of any election offense or of any REMEDIES AND
other crime;
4) Know how to read and write Filipino, JURISDICTION
IN ELECTION
English, Spanish or any of the prevailing
local dialects;

LAW
5) Not related within the 4th civil degree of
consanguinity or affinity to the
parties/candidates etc.; (Sec. 178, OEC)
129 130

REMEDIES AND JURISDICTION IN Grounds for Cancellation of Certificate of

ELECTION LAW: Candidacy:
1. Petition Not To Give Due Course To Or Cancel A
Certificate Of Candidacy nFalse material representation in
2. Petition for Disqualification
3. Petition to Declare Failure of Elections
Certificate of Candidacy
4. Pre-Proclamation Controversy nIf the certificate filed is a
5. Election Protest
6. Quo Warranto substitute Certificate of
Candidacy, when it is not a
proper case of substitution
under Section 77 of BP 881
131 132

22
 11/27/18

What is the Nature Who may file?

of the Proceeding? nAny Person
Summary in Nature nIf brought under Sec. 69 OEC
(Nuisance Candidates), any
registered candidate.

133 134

When filed? The Decision must

nAt any time not later than 25 be made:
days from the time of the filing nNot later than 15 days before
of the certificate of candidacy. election.
n-If brought under Sec. 69
OEC(Nuisance Candidate), filing nIf brought under Sec. 69 OEC
(Nuisance Candidate), within 5 days
must be within 5 days from the
from receipt of Commission of the
last day of filing the CoC recommendation of the hearing
officer
135 136

Petition for Disqualification:

Where to file?
Who may File?
§ Any citizen of voting age, or

any duly registered political Law Department of

party, organization or the COMELEC
coalition of political parties

137 138

23
 11/27/18

When to file? What is the Period to Decide for Petition for

Disqualification?
nAt any day after the last
day for filing of certificates nThe Commission and the courts
shall give priority to cases of
of candidacy, but not later disqualification by reason of
than the date of violation of this Act to the end that
a final decision shall be rendered
proclamation. not later than seven days before the
election in which the
139
disqualification is sought. 140

Any candidate who has been declared by final vIf a candidate is not declared by final judgmentbefore any election to be
judgment to be disqualified: disqualified and he is voted for and receives the winning number of votes
in such election, the Court or COMELEC shall continue with the trial and
hearing of the action, inquiry, or protest and upon motion of the
complainant or any intervenor, may during the pendency thereof, order
the suspension of the proclamation of such candidate whenever the
nShall not be voted for evidence of his guilt is strong.

nThe votes cast for him shall not

be counted

141 142

Where a Similar Complaint/Petition is filed:

nBefore the election and proclamation of the respondent and the case
is not resolved before the election - the trial and hearing of the case
shall continue and be referred to the Law Department for preliminary
vIn either case, if the evidence
investigation. of guilt is strong, the COMELEC
n After the election and before the proclamation of the respondent -
the trial and hearing of the case shall be suspended and referred to
the Law Department for preliminary investigation.
may order the suspension of
the proclamation of
respondent, and if proclaimed,
to suspend the effects of
143
proclamation. 144

24
 11/27/18

Petition to Declare Failure of Elections: Grounds for Failure of Election:

What Constitutes an Election? In any of such cases the failure or suspension of election must affect
the result of the election
§ Election in any polling place has not been held on the date fixed due
§Plurality of votes sufficient for: to force majeure, violence, terrorism, fraud, or other analogous
causes.
(1)a choice conditioned on the § Election in any polling place had been suspended before the hour
fixed for the closing of the voting due to force majeure, violence,
plurality of valid votes or terrorism, fraud, or other analogous causes.

(2)a valid constituency regardless

of the actual number of votes
cast.
145 146

Grounds for Failure of Election: Jurisdiction:

§After the voting and during the nCOMELEC, sitting en
preparation and transmission of the
election returns or in the custody or banc, may declare a failure
canvass thereof such election of election by a majority
results in a failure to elect due to vote of its members.
force majeure, violence, terrorism,
fraud or other analogous causes.
147 148

Requisites for Failure of Pre-proclamation

election:
nNo voting has taken place in the
precincts concerned on the date
fixed by law, or even if there was
voting, the election nonetheless
resulted in a failure to elect; and
n The votes cast would affect the
results of the election.
149
Controversy
n it is a proceedings of the board of
canvassers which may be raised by
any candidate or by any registered
political party or coalition of
political parties, or by any
accredited and participating party
list group, before the board or
directly with the Commission.
150

25
 11/27/18

Pre-proclamation Pre-proclamation Controversy

Controversy
n COMELEC Resolution No. 8804 It is any question or matter pertaining to
applies to election disputes or affecting:
under the Automated Election n the proceedings of the board of
canvassers, or
System (AES) using the Precinct nany matter raised under Sec. 233-236
Count Optical Scan (PCOS) and of BP 881 (infra) in relation to the
shall cover pre-proclamation preparation, transmission, receipt,
controversies and election custody and appreciation of the election
protests. 151
returns. [Sec. 241, BP 881] 152

Jurisdiction:
nCOMELEC has exclusive jurisdiction over pre-proclamation cases. It
may order, motu proprio orupon written petition, thepartial or total
suspension of the proclamation of any candidate-elect or annul
partially or totally any proclamation, if one has been made.
nCOMELEC has exclusive jurisdiction in pre-proclamation
controversies arising from national, regional or local elections.
153
NATURE OF
PRE-PROCLAMATION CONTROVERSY
v Summary in nature consistent with the
law’s desire that the canvass and
proclamation be delayed as little as
possible.
v That is why such question as those
involving appreciation of ballots, conducts
of the campaign and balloting, which
require more deliberate and necessary
longer consideration, are left for
examination in the Election Protest.
154

COMMISSION’S EXCLUSIVE JURISDICTION OF

ALL PRE-PROC. CONT. v Pre-proc. Cont. not allowed in
(SECTION 242, OEC)
election for :
1) President
v (Modified by Section 15 of
RA 7166) – No Pre- 2) Vice-President
Proclamation in election of 3) Senator
National officials. 4) Members of the House of
Representatives

155 156

26

v The COMELEC has exclusive
jurisdiction of all pre
proclamation controversies. Its
decision becomes executory
after the lapse of 5 days from
receipt by the losing party of
the decision unless restrained
by SC.
157
2) Grounds under 233, 234, 235, 236
v 234 – Material defects in the returns
– some requisite of forms or date has
been omitted.
v Ex. Names and/or corresponding
votes of a candidate.
3) ER prepared under duress, threats,
coercion, intimidation, obviously
manufactured or not authentic.
159
ELECTION CONTEST
vNature - special summary
proceedings the object of which is to
expedite the settlement of controversies
between candidates as to who received
the majority of the legal votes.
v Purpose - to ascertain the true will of
the people and due elected officers, and
this could be achieved by throwing wide
open the appeal before the court.
161
11/27/18
ISSUES THAT MAY BE RAISED IN PRE-
PROCLAMATION CONTROVERSY
(SECTION 243, OEC)
1) Illegal composition or proceedings of the
BOC
a) BOC not constituted in accordance with,
is not composed of those enumerated by
law;
b) Transacted business without a quorum;
c) Transacted business without business
without due notice to the members.
EFFECTS:
v Acts of the BOC is illegal and null and 158
void.
“Obviously manufactured returns”
1) Where no elections at all were
held;
2) Where the BOC stated that
they never served and did not
participate in the election;
3) Where returns show great
excess of votes that could have
been legally cast.
160
v SECTION 249. JURISDICTION OF THE COMMISSION
(Amended by Sec. 17, Art. VI Constitution)
v ORIGINAL AND EXCLUSIVE
a) President/Vice President - SC
b) Senator – Senate Electoral Tribunal
c) Congressman-HR
d) Regional/Province/City - COMELEC
e) Municipal - RTC
f) Barangay - MTC
N.B. - Presumption that the above elective officials has been proclaim.
162
27
 11/27/18

POST ELECTION DISPUTE

ELECTION PROTEST
(After Proclamation) v Grounds
a) ELECTION PROTEST
b) QUO WARRANTO 1) Fraud
v ISSUES: 2) Terrorism
1) Casting and Counting of votes 3) Irregularities or Illegal acts committed before,
2) Qualification during or after the casting and counting of
3) Return votes
4) Eligibility, disloyalty of winning candidate Time to file:
5) Fraud Within ten days from proclamation
6) Terrorism
Who may file:
7) Irregularities/illegal acts
v Committed before, during or after casting and counting may be file by any candidate who has filed a
votes. COC.
163 164

QUO WARRANTO
vN.B. – Election Protest and Quo
v Grounds Warranto may not be availed of
jointly and in the same proceedings.
1) Ineligibility
v They can be separately filed with the
2) Disloyalty to the Republic second and the later case suspended
Time to file: until the earlier one is resolved.
Within ten days from v An action for quo warranto cannot
proclamation. be converted into an election protest.
Who may file: (Asunsion vs. Legarda 129 SCRA
by any registered voter 729)
165 166

DISTINCTION BETWEEN
v N.B. -The death of the QUO WARRANTO IN
ELECTIVE/APPOINTIVE OFFICE.
protestant does not I. ELECTIVE OFFICE
extinguished an election v The issue is eligibility of the officer
elect. The court or tribunal cannot
protest (De Castro vs. declare the protestant as having been
elected.
COMELEC 267 SCRA II. APPOINTIVE OFFICE
806) v The issue is the legality of the
appointment the court determines who
of the parties has legal title to the office.
167 168

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 11/27/18

Prohibited Acts 6) Coercion of election officials and employees

SECTION 261 7) Appointment of new employees, creation of
new position, promotion or giving salary
1) Vote-buying and Vote-selling increases.
2) Conspiracy to bribe voters a) Applies only to appointment covered by
the civil service law and not those covered
3) Wagering upon results of the by special law like local Government Code.
election 8) Transfer of officers and employees in the
4) Coercion of subordinates civil service
5) Threats, intimidation, terrorism, 9) Intervention of public officers and employees
10) Undue influence
use of fraudulent device, or other
forms of coercion
169 170

11) Unlawful Electioneering

12) Prohibition against dismissal of employees, laborers, or tenants
16)Deadly weapons – within 100 meters
13) Appointment of special use of policemen, special agents, 17)Carrying firearms outside residence
confidential agents or the like.
14) Illegal release of prisoners before and after election.
or place of business
15) Use of public funds, money deposited in trust, equipment, 18)Use of armored land, water or air
facilities owned and controlled by the government for an election
campaign. craft
19)Wearing of uniforms and bearing
arms
20)Policemen and provincial guards
acting as bodyguards and security
guards

171 172

v N.B.: Good faith is INVESTIGATION AND PROSECUTION

not a defense. Election v The COMELEC has exclusive jurisdiction to investigate and
prosecute cases involving violation of election laws (Article IX-C Sec,

offenses are generally 2(6)

v But it may validly delegate the power to the Provincial Prosecutor

mala prohibita.
(Reso. No. 1862, March 2, 1987)
v See 43 RA 9369
v Conduct preliminary investigation

v Proof of criminal v Prosecute the same

intent is not necessary.

173 174

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 11/27/18

JURISDICTION PRESCRIPTIVE PERIOD FOR

Article 268 ELECTION OFFENSES
v RTC – Exclusive original
jurisdiction violation of election
law, v Five (5) years from the
v MTC – Offense relating to date of its commission.
failure to register or vote.
v PRESCRIPTION -5 years
from date of commission.
175 176

nIN THE MATTER OF DEFINING THE CHAIN OF CUSTODY AND

RESPONSIBILITY OVER THE AES MACHINES AND THE SECURITY
New Pertinent COMELEC Resolutions ASSISTANCE TO BE PROVIDED BY THE PNP AND THE AFP in the:
nDeployment and retrieval of AES machines and
nIN THE MATTER OF THE MEMBERS OF THE BOARD OF ELECTION accessories;
INSPECTORS (BEIs) WHOSE REGISTRATION RECORDS WERE INADVERTENTLY nDelivery and retrieval of official ballots, ballot boxes,
DEACTIVATED election documents and other paraphernalia;
nThis activates the registration records of public school teachers who were duly
appointed to serve as Board of Election Inspectors (BEIs) but whose registration nFinal testing and sealing of PCOS machines; and
records were deactivated in connection with the May 13, 2013 National and Local nVoting and canvassing centers, in connection with the May
Elections.
13, 2013 synchronized national and local elections

177 178

Prosecution of Election Offenses

JURISDICTION OVER ELECTION OFFENSES:
INVESTIGATION AND PROSECUTION
§COMELEC has exclusive jurisdiction to investigate and nIn the case Kilosbayan v.
prosecute cases involving violation of election laws.
§ However, it may validly delegate the power to the
COMELEC, it is not the duty of
Provincial Prosecutor or to the Ombudsman. the COMELEC, as investigator
§In the event that the COMELEC fails to act on any and prosecutor, to gather proof
complaint within 4 months from its filing, the
complainant may file the complaint with the fiscal or in support of a complaint filed
the Department of Justice, if warranted. before it.

179 180

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 11/27/18

PREFERENTIAL DISPOSITION OF ELECTION

TRIAL AND DECISION:
OFFENSES
nGeneral Rule: RTCs have exclusive
original jurisdiction to try and nThe investigating o fficer shall resolve
the case within 5 days from submission.
decide any criminal actions or
proceedings for violation of election nThe courts sh all give pr eferenc e to
election c ases o ver all other c ases
laws. except p etitions for writ o f h abeas
nException: MTCs exercise corpus.
jurisdiction only over offenses
relating to failure to register or to vote
181 182

Election Offenses
Election Offenses
ii. CERTIFICATE OF CANDIDACY
i. REGISTRATION (1) Continued misrepresentation or holding out as a
(1) Failure of the Board of Election Inspectors to post thelist of voters in candidate of a disqualified candidate or one declared by
each precinct.
final and executory judgment to be a nuisance candidate
(2) (2) Change or alteration or transfer of a voter's precinct assignment
in the permanent list of voters without the express written consent (2) Knowingly inducing or abetting such misrepresentation
of the voter. of a disqualified or nuisance candidate
(3) Coercing, bribing, threatening, harassing, intimidating,
terrorizing, or actually causing, inflicting or producing
violence, injury, punishment, torture, damage, loss or
disadvantage to discourage any other person or persons
from filing a certificate of candidacy in order to eliminat e
all other potential candidates from running in a special
election
183 184

Election Offenses Election Offenses

iii. ELECTION CAMPAIGN
(1) Appointment or use of special policemen, special
agents or the like during the campaign period
(2) Use of armored land, water or aircraft during the
campaign period
(3) Unlawful electioneering
(4) (4) Acting as bodyguards or security in the case of
policemen and provincial guards during the
campaign period
(5) (5) Removal, destruction, obliteration, or tampering
of lawful election propaganda, or preventing the
distribution thereof
iv. VOTING
(1) Vote-buying and vote-selling
(2) Conspiracy to bribe voters [Sec. 261b, B.P. 881]: A disputable
presumption of a conspiracy to bribe voters is created when
there is proof that at least 1 voter in different precincts
representing at least 20% of the total precincts in any
municipality, city or province has been offered, promised or
given money, valuable consideration or other expenditure by
a candidate's relatives, leaders and/or sympathizers for the
purpose of promoting the election of such candidate.
(3) Coercion of subordinates to vote for or against any candidate
(4) Dismissal of employees, laborers, or tenants for refusing or
failing to vote for any candidate
(5) Being a flying voter

185

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 11/27/18

Election Offenses
v. COUNTING OF VOTES
1. Tampering, increasing, decreasing votes, or refusal to correct tampered Election Offenses
votes after proper verification and hearing by any member of the board
of election inspectors [Sec. 27b, R.A. 6646] A special election offense to
be known as electoral sabotage and the penalty to be imposed shall be vi. CANVASSING
life imprisonment. nAny chairperson of theboard of canvassers who fails to givenotice of
2. Refusal to issue to duly accredited watchers the certificate of votes cast meeting to other members of the board, candidate or political party
and the announcementof the election, by any member of the board of as required
election inspectors

187 188

Election Offenses Election Offenses

VII. ACTS OF GOVERNMENT OR PUBLIC OFFICERS VIII. COERCION, INTIMIDATION, VIOLENCE
(1) Appointment of new employees, creation of new positions,
promotion, or giving salary increases within the election period (1) Coercion of election officials and employees
(2) Transfer of officers and employees in the civil service within the (2) Threats, intimidation, terrorism, use of fraudulent
election period without the prior approval of the COMELEC
devices or other forms of coercion
(3) Intervening of public officers and employees in the civil service in
any partisan political activity (3) Use of undue influence
(4) Use of public funds for an election campaign (4) Carrying deadly weapons within the prohibited area
(5) Illegal release of prisoners before and after election (5) Carrying firearms outside residence or place of business
(6) Release, disbursement or expenditure of public funds during the (6) Organization or maintenance of reaction forces, strike
prohibited period forces, or similar forces during the election period
(7) Construction of public works, etc. during the prohibited period
(8) Suspension of elective local officials during the election period
without prior approval of the COMELEC
189 190

Election Offenses
ARRESTS IN CONNECTION WITH ELECTION
ix. OTHER PROHIBITIONS
(1) Unauth ori zed p rint ing of offic ial ba llo ts and e lecti on retu rns wit h p rin ting
CAMPAIGN
establishments that are not under contract with the COMELEC
(2) Wagering upon the results of elections
(3) Sale, etc. of intox icating liq uor o n the day fixed by law for t he regi strat ion of
voters in the polling place, or the day before the election or on election day
nOnly upon a warrant of arrest
(4) Opening booths or stalls within 30 meters of any polling place issued by a competent judge after
(5) Holding fairs, cockfights, etc. on Election Day
(6) Refusa l to carry el ectio n m ail dur ing the e lecti on pe rio d [Sec. 261 dd (4) , B.P.
all the requirements of the
881]. In add iti on to th e pre scribe d pena lty, s uch refu sal con stit ute s a gro und
for cancel lati on or revocat ion of cer tificate of pub lic conve nie nce or
Constitution have been strictly
franchise. complied with.
(7) Discrim inat io n in t he sa le of a irt ime [Sec. 2 61d d ( 5), B.P. 8 81] In add iti on to
the pre scri bed p ena lty, s uch refu sal co nst itute s a gro und fo r cancel lati on or
revocation of the franchise.
vNote: Good faith is not a defense, as election offenses
are generally mala prohibita. 191 192

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PRESCRIPTION GRANT OF TRANSACTIONAL IMMUNITY

nFive years from the date of their nAny person guilty of violations of Sec. 261a (Vote-
commission. If the discovery of the buying and vote-selling) and 261b (Conspiracy to bribe
voters) of BP 881 who voluntarily gives information and
offense be made in an election willingly testifies on any violation of said sections in any
contest proceeding, the period of official investigation or proceeding shall be exempt
from prosecution and punishment for the offenses with
prescription shall commence on the reference to which his information and testimony were
date on which the judgment in such given, without prejudice to his liability for perjury or
proceedings becomes final and false testimony.
executory.
193 194

PROHIBITED ACTS UNDER RA 9369
n(1) Utilizing without authorization, tampering with, damaging, destroying
or stealing: (a) Official ballots, election returns, and certificates of canvass
of votes used in the system; and (b) Electronic devices or their
components, peripherals or supplies used in the AES such as counting
machine, memory pack/diskette, memory pack receiver and computer
set.
n(2) Interfering with, impeding, absconding for purpose of gain,
preventing the installation oruse of computer counting devices and the
processing, storage, generation and transmission of election results,
data or information
n(3) Gaining or causing access to using, altering, destroying ordisclosing
any computer data, program, system software, network, or any
computer-related devices, facilities, hardware or equipment, whether
classified or declassified

195 196

n(4) Refusal of the citizens' arm to present for perusal its copy of
election return to the board of canvassers n(7)The failure to post the voters' list
n(5) Presentation by the citizens' arm of tampered or spurious
election returns
within the specified time, duration
n(6) Refusal or failure to provide the dominant majority and dominant and in the designated location shall
minority parties or the citizens' arm their copy of election returns
and constitute an election offense on
the part the election officer
concerned.

197 198

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Exception:
nThose convicted of thecrimeof electoral sabotage, which includes acts or
PENALTIES offenses committed in any of the following instances:
(1) National elective office
When the tampering, increase and/or decrease of votes
General Rule: perpetrated or the refusal to credit the correct votes or
1. Imprisonment of 8 years and one day to 12 years without to deduct tampered votes is/are committed in the
possibility of parole election of a national el ective office which is voted upon
2. Perpetual disqualification to hold public and any non-elective nationwide and the tampering, increase and/ or
public office and decrease of votes or refusal to credit the correct votes or
3. Deprivation of the rightof suffrage. to deduct tampered votes, shall adversely affect the
results of the election to the said national office to the
extent that losing candidate/s is /are made to appear
the winner/s;

199 200

(2) Regardless of the elective office involved
When the tampering, increase and/ordecrease of votes committed or the
refusal to credit the correct votes or to deduct tampered votes
perpetrated is accomplished in a single election document or in the
transposition of the figure / results from one election document to
another and involved in the said tampering increase and/or decrease or
refusal to credit correct votes or deduct tampered votes exceed 5,000
votes, and that the same adversely affects the true results of the election.
(3) Any and all other forms or tampering increase/s and/ or decrease/s of
votes perpetuated or in cases of refusal to credit the correct votes or
deduct the tampered votes, where the total votes involved exceed 10,000
votes.
vAny and all other persons orindividuals determined to bein conspiracy
or in connivancewith themembers of the BEIs orBOCs involved shall be
meted the same penalty of life imprisonment.

201 202

THANK YOU!

203

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