MANGILIMAN, Neil Francel D.

PLM JD 2nd Yr. Blk. 2

201980051
Postponement and Failure of Elections, and Election Procedure
Instructions. Answer/ discuss in not more than 100 words all the items below. One recitation
grade per item/ sub-item.
Email your answers to alberto.c.agra@gmail.com (PDF format, put your last name and school in
document and as file name) not later than 5pm, Sunday, May 2. Stay safe.
1.      On separate occasions, violence marred the election day and the 2nd day of canvassing.
Would there be basis for the Comelec en banc, motu proprio, to postpone the elections and/ or
declare a failure of elections?
There is a basis for the motu proprio postponement of election but there is none on
declaration of failure of elections.
Although the COMELEC En Banc has the power to postpone the election and/or declare
failure of elections, it cannot do so motu proprio with regards the latter. The law provides that in
declaration of failure of elections, there must be verified petition and that it cannot be done motu
proprio.
Hence, the COMELEC En Banc can motu proprio postpone an election but not in case of
declaration of failure of election.

2.     In a flowchart, outline the election procedure

PERIOD FOR THE CAMPAIGN ELECTION

FILING OF COC PERIOD DAY/VOTING

AUTOMATED CONSOLIDA-
ELECTION? CANVASSING
TION OF VOTES

YES NO

PROCLAMATION
TRANSMISSION OF WINNING
CANDIDATES
3.     If you were the Chairperson of the Board of Election Inspectors, what would you do when:

There is a challenge by a pollwatcher against a voter for receiving money from a candidate
outside the polling place.

I will have the challenged voter take an oath before the Board stating that he/she has not
committed any of the acts alleged. Upon taking such oath, I will have the challenge dismissed. In
case the challenged voter refused to do so, I will sustain the challenge and the voter shall not be
allowed to vote.

There is gunfire outside the polling place.

As the Chairperson of BEI, I will issue an order to the peace officers to take into the
custody the person causing the disturbance, in this case, the person who fired a gun.
It is provided under Sec. 172 OEC provides that BEI shall have full authority to maintain
order within the polling place and its premises, to keep access thereto open and unobstructed,
and to enforce obedience to its lawful orders. It is also provided under the same article that BEI
can issue orders directing the peace officer to take a person behaving disorderly manner and
disturb the election into custody.

4.     If you were the lawyer of a gubernatorial candidate stationed in the canvassing center, what
would you do/ file when:

The Chairperson is a cousin of the other gubernatorial candidate.

I will file before the COMELEC Division or Board of Canvassers a verified petition for
illegal composition of board of canvassers.
It is provided under Sec. 222 of the OEC, the chairperson of the BOC shall not be related
within the fourth civil degree of consanguinity or affinity to any of the candidates whose votes
will be canvassed by said board. Further provided under Sec. 243(a) that illegal composition of
board canvassers is one of the issues that may be raised in a pre-proclamation controversy.
The chairperson being a cousin of the other gubernatorial candidate is within the
proscription on relationship with candidates and other members mentioned under Sec. 222 of
OEC. Hence, warrants the filing of a verified petition on the ground of illegal composition of
board of canvassers.
After your candidate-client was proclaimed winner, the Board of Canvassers reconvened and
proclaimed the other candidate.

I will file a petition for annulment of proclamation on the ground of irregular

proclamation.
One of remedies in post-proclamation cases is annulment of proclamation, so long as it is
filed within 10 days from proclamation. The act of the BOC or reconvening and thereafter
proclaiming a different candidate is a valid ground to file an annulment of proclamation as it
constitutes an irregular or illegal proclamation.