64 ELECTION LAW GENERAL PRINCIPLES Sources of Philippine
election law
(3) Referendum Referendum is the power of the electorate to approve or
reject legislation through an election called for the purpose. (Sec. 2c, R.A.
6735) It may be of 2 classes, namely: (a)
Referendum on statutes, which refers to a petition to approve or reject an
act or law, or part thereof, passed by Congress; and
(b)
Referendum on local law which refers to a petition to approve or reject a
law, resolution or ordinance enacted by regional assemblies and local
legislative bodies
The election laws of the Philippines are contained in the following: • • • •
•••••••
1987 Constitution BP 881 (Omnibus Election Code) RA 6646 (Electoral
Reforms Law of 1987) RA 6679 (Barangay Elections) RA 6735 (Law
Providing for Initiative and Referendum) RA 7166 (1991 Synchronized
Elections Law) RA 7941 (Election of Party-List Representatives) RA 8189
(Continuing Registration) RA 8436 (Automated Election System) RA 8524
RA 9006 (Fair Election Act of 2001)
(4) Initiative Initiative is the power of the people to propose amendments
to the Constitution or to propose and enact legislation through an election
called for the purpose. (Sec. 2a, R.A. 6735) There are 3 systems of initiative,
namely:
THEORY OF POPULAR SOVEREIGNTY Art. II, Sec. 1 1987 Constitution:
The Philippines is a democratic and republican state. Sovereignty resides in
the people and all government authority emanates from them.
Suffrage is the right and obligation of qualified citizens to vote: (1) in the
election of certain national and local officials, and (2) in the decision of
public questions submitted to the people. It is a political right which
enables every citizen to participate in the process of government to assure
that it derives it powers from the consent of the governed. It operates on
the principle of "one man (or one woman), one vote." Suffrage is not a
natural right but a privilege which may be given or withheld by the
lawmaking power subject to constitutional limitations. It is not necessarily
an accompaniment of citizenship; it is granted only upon the fulfillment of
certain minimum conditions. Scope of suffrage Suffrage encompasses the
following: (1) Election Election is the means by which the people choose
their officials for definite periods and to whom they entrust, for the time
being as their representatives, the exercise of powers of government. It
involves the choice of candidates to public office by popular vote. a.
Regular election – refers to an election participated in by those who possess
the right of suffrage and not disqualified by law and who are registered
voters b. Special election – when there is failure of election on the
scheduled date of regular election in a particular place or which is
conducted to fill up certain vacancies, as provided by law (ex. To fill in
vacancy in office before the expiration of the term for which incumbent
was elected) (2) Plebiscite Plebiscite is the submission of constitutional
amendments or important legislative measures to the people for
1
ratification.
Initiative on the Constitution which refers to a petition proposing
amendments to the Constitution;
(b)
Initiative on statutes, which refers to a petition proposing to enact a
national legislation;
(c)
Initiative on local legislation which refers to a petition proposing to enact a
regional, provincial, city, municipal or barangay law, resolution or
ordinance
Note that in the case of Santiago v. COMELEC, the Supreme Court held
that there is no law yet that is sufficient enough for proposing amendments
to the Constitution. R.A. 6735 was deemed sufficient for statutory
amendments but not Constitutional amendments.
A democratic and republican government derives all its powers, directly or
indirectly, from the people at large. Its essence is indirect rule. Actual
sovereignty is exercised by the people by means of suffrage. Suffrage
defined
(a)
(5) Recall Recall is the termination of official relationship of a local elective
official for loss of confidence prior to the expiration of his term through the
will of the electorate. Who can exercise Under Art. V, Sec. 1 of the 1987
Constitution, the right of suffrage may be exercised by all citizens of the
Philippines who are: (1) (2) (3)
not otherwise disqualified by law, at least 18 years of age, and have resided
in the Philippines for at least 1 year, and in the place wherein they propose
to vote for at least 6 months immediately preceding the election.
The same provision provides that no literacy, property or other substantive
requirement shall be imposed on the exercise of suffrage, and that
Congress may not add or alter the qualifications of voters under Art. V,
Sec. 1 of the 1987 Constitution. This specification is an implied prohibition
against interference on the part of Congress in the right of suffrage.
Congress, however, to a limited extent can regulate the right of suffrage by:
••••••
Defining the qualifications of voters Regulating elections Prescribing the
form of official ballot Providing for the manner of choosing candidates and
the names to be printed on the ballot Regulating the manner of conducting
elections Suppressing whatever evils incident to the election of public
officers, pursuant to its duty to secure the secrecy and sanctity of the
ballots under Art. V, Sec. 2 of the 1987 Constitution.
What are the substantive requirements for the exercise of suffrage? The
only substantive requirements to exercise the right to vote are: (CARA)
65 (1) (2) (3) (4)
Citizenship Age Residency Absence of disqualifications
(2) a bona fide intention of abandoning the former place of residence and
establishing a new one; and, (3) acts which correspond with the purpose.
Aquino v. COMELEC (248 SCRA 400)
Filipino citizenship This may be by birth or naturalization. Age Must be at
least 18 at the time of the election. Residence For the purposes of election
law, residence is synonymous with domicile. Art. 50 of the Civil Code
provides that “for the existence of civil rights and the fulfillment of civil
obligations, the domicile of natural persons is the place of their habitual
residence.” Domicile includes the twin elements of “the fact of residing or
physical presence in a fixed place” and animus manendi, or the intention of
returning there permanently. (Romualdez-Marcos v. COMELEC) Every
person is deemed to have his domicile somewhere, and when it has been
acquired, it will be deemed to continue until a new one has been acquired.
Temporary absences although frequent or long continued, will not, while
the person has a continuous intention to return, deprive him of his
2
domicile and right to vote. Any person who temporarily resides in another
city, municipality or country solely by reason of his occupation, profession,
employment in private or public service, educational activities, work in the
military or naval reservations within the Philippines, service in the AFP,
the PNP, or confinement or detention in government institutions in
accordance with law, shall not be deemed to have lost his original
residence. (Sec. 9, R.A. 8189)
The place where a party actually or constructively has his permanent
home, where he, no matter where he may be found at nay given time,
eventually intends to return and remain, i.e., his domicile, is that to which
the Constitution refers when it speaks of residence for the purpose of
election law. The purpose is to exclude strangers or newcomers unfamiliar
with the conditions and needs of the community from taking advantage of
favorable circumstances existing in that community for electoral gain.
Disqualifications
(1)
Persons sentenced by final judgment to suffer imprisonment for not less
than one (1) year. (Note: he / she shall automatically re-acquire the right to
vote upon the expiration of 5 years after the service of sentence.)
(2)
Persons adjudged by final judgment of having committed any crime
involving disloyalty to the duly constituted government (e.g. rebellion,
sedition, violation of the firearms law) or any crime against national
security. (Note: he / she shall automatically re-acquire the right to vote
upon the expiration of 5 years after the service of sentence.)
(3)
Insane or incompetent persons as declared by competent authority. THE
COMELEC Purpose
It is not necessary that a person should have a house in order to establish
his residence or domicile in a municipality. It is enough that he should live
there, provided that his stay is accompanied by his intention to reside
therein permanently. Literacy requirements The Constitution imposes no
literacy requirements; hence illiterates have the right to vote. Property
requirements Neither does the Constitution impose any property
requirement since property ownership is not a test of individual capacity.
A property requirement is not only inconsistent with the concept of a
republican government, but with the social justice principle of equal
opportunity as well. Formal education Formal education is no guarantee
for good citizenship or intelligent voting.
The purpose of the COMELEC is to protect the sanctity of the ballot and to
ensure the free and honest express of the popular will. To achieve this, the
COMELEC was created as an independent administrative tribunal, co-
equal with the other departments with respect to the powers vested in it,
and not under any of the branches of Government. The intention is to place
it outside the influence of political parties and the control of the legislative,
executive, and judicial organs of the government. To preserve the
independence of the COMELEC, appointments or designations in
temporary or acting capacities are not allowed. Composition Composition:
-
chairman 6 commissioners
Qualifications:
There is no adequate or justifiable basis for depriving women of equal
voting rights.
••••
Taxpaying Ability
•
Sex
This is related to property requirement. Romualdez-Marcos v. COMELEC
(248 SCRA 300) It is the fact of residence, not a statement in the certificate
3
of candidacy which ought to be decisive in determining whether or not an
individual has satisfied the Constitution’s residency qualification
requirement. To successfully effect a change of domicile, one must
demonstrate: (1) an actual removal or an actual change of domicile;
Natural born citizens At least 35 years old Holders of a college degree
Must not have been candidates for any elective position in the immediately
preceding elections Majority of the members, including the chairman,
should be members of the Bar who have been engaged in the practice of
law for at least 10 years.
The chairman and the commissioners are to be appointed by the President
with the consent of the Commission on Appointments. The Commissioners
serve for 7 years without reappointment, under staggered terms of 2 years
interval: of 3 commissioners first appointed, 3 shall hold office for 7 years,
2 for 5 years, and the rest for 3 years. The staggering of terms makes the
COMELEC a continuing and self-perpetuating body, and consequently its
members would have the
66 benefit of the experience and expertise of the older members in the
performance of its functions.
contract with COMELEC for supplies, or a person fails to follow the
procedure for the distribution of ballot boxes).
The COMELEC Commissioners are subject to the same disabilities
imposed on the President and the Vice-President, including the prohibition
against holding any other office or engaging in any other profession or
business.
•
•
Powers and functions The powers and functions of the COMELEC may be
classified as follows:
Of certiorari, prohibition and mandamus (Note: but only in exercise of its
appellate jurisdiction; Relampagos v. Cumba, )
(3) Decide all questions affecting elections (Art. IX-C, Sec. 2 (3), 1987
Constitution)
(1) Enforcement and administration of election laws and
The power of the COMELEC to decide all questions affecting elections
pertains to the following:
regulations (Art. IX-C, Sec. 2 (1), 1987 Constitution)
••
••••
(1) determination of the number and location of polling places (2)
appointment of election officials and inspectors (3) registration of voters
Promulgation of rules and regulations (Art. IX-C, Sec. 6; BP 881, Sec. 52b)
Fixing of election period (which shall commence 90 days before the
election and end 30 days thereafter, unless otherwise fixed by the
COMELEC in special cases; Art. IX-C, Sec. 6, 1987 Constitution) Fixing of
other reasonable periods for certain preelection requirements (BP 881, Sec.
52m)
However, the COMELEC has NO jurisdiction over questions involving the
right to vote (i.e. disqualifications of voters, right of a person to be
registered, etc.), as these rest within the exclusive original jurisdiction of
the MTC, appealable to the RTC.
(4) Deputize,
with the concurrence of the President, law enforcement agencies and
instrumentalities of the Government for the exclusive purpose of ensuring
free, orderly, honest, peaceful and credible elections (Art. IX-C, Sec. 2(4),
1987 Constitution) 4
Declaration of failure or postponement of elections, as well as call for
special elections (Sec. 4, RA 7166) Prescribe forms, as well as use or
adoption of latest technological and electronic devices (BP 881, Sec. 52 g, i)
Annulment or cancellation of illegal registry lists of voters and ordering
the preparation of a new one;
•
(2)
To issue warrants of arrest;
••
Cancellation of the canvass of election returns and annulment of a
proclamation based on incomplete results. (Note, however, that the
COMELEC does not have the power to annul an election which may not
have been free, orderly, and honest as such power is merely preventive
and not curative.)
Quasi-judicial powers The COMELEC has exclusive original jurisdiction
over all contests relating to the election, returns and qualifications of all
elective, regional, provincial and city officials. The COMELEC has
exclusive appellate jurisdiction over all contests involving municipal
officials decided by the RTC, or involving elective barangay officials
decided by the MTC. In these cases, the decisions therein shall be final,
executory and unappealable. (Art. IX-C, Sec. 2 (2), 1987 Constitution)
To issue subpoena;
•
To take testimony;
•
Of contempt (Note, however, that the COMELEC's power to punish for
contempt may be exercised ONLY in the exercise of its quasijudicial
functions. The COMELEC has no power to hold a person in contempt in
the exercise of its administrative functions (e.g. reporter criticizes a
The COMELEC may deputize any member or members of the AFP, NBI,
PNP or any similar agency or instrumentality of the government (except
civilian home defense forces) during the period of the campaign and
ending 30 days thereafter, when in any area of the country there are
persons committing acts of terrorism to influence people to vote for or
against any candidate or political party. (Sec. 52b, BP 881)
(5) Register
political parties, etc. (Art. IX-C, Sec. 2 (5), 1987 Constitution)
(6) Accredit
citizens' arms (Art. IX-C, Sec. 2 (5), 1987 Constitution)
(7) Investigation
and prosecution of cases of violation of election laws (Art. IX-C, Sec. 2 (5),
1987 Constitution) The COMELEC has the power of a public prosecutor
with the exclusive authority to conduct the preliminary investigation and
the prosecution of election offenses punishable under the election law.
Pursuant to its quasi-judicial powers, the COMELEC has the power: •
CMT cadets 18 yrs. of age and above may be authorized to act as the
COMELEC's deputies for the purpose of enforcing its orders (Sec. 52a, BP
881)
The power may be exercised upon complaint or motu propio. The
Ombudsman has NO jurisdiction to prosecute election offenses. He may do
so only if he is deputized by the COMELEC.
(8) Filing
of petitions in court for inclusion or exclusion of voters (Art. IX-C, Sec. 2
5
(6), 1987 Constitution)
(9)
Recommendatory:
(a)
to Congress
67 The COMELEC may sit en banc or in 2 divisions.
•
effective measures to minimize election spending, including limitation of
places where propaganda materials shall be posted, and to prevent and
penalize all forms of election frauds, offenses, malpractices, and nuisance
candidates. (Art. IXC, Sec. 2 (7),1987 Constitution)
(b) to the President
••
• Votes (Sec. 5, Rule 27 of the 1993 Rules of the COMELEC); Questions
for removal of any officer or employee it has deputized (Sec. 52a, BP 881);
for imposition of disciplinary action for violation or disregard of, or
disobedience to its directive, order, or decision (Art. IX-C, Sec. 2 (8), 1987
Constitution); for pardon, amnesty, parole, suspension of sentence for
violation of election laws, rules and regulations (Art. IX-C, Sec. 5 1987
Constitution; This is to prevent the possibility of the President granting
executive clemency for political reasons.)
(10) Supervision / Regulation, for the duration of the election period, of
use of all franchises or permits for operation of: • transportation and other
public utilities; • media of communication or information;
• all
grants, special privileges, or concessions granted by the Government or
any instrumentality thereof (Art. IX-C, Sec. 4, 1987 Constitution) The
purpose of supervision and regulation is to guarantee or ensure equal
opportunity for public service and the equitable right to reply, for public
information campaigns and fora among candidates, and assure free,
orderly, honest, peaceful and credible elections. (Sec. 2, R.A. 9006) No
franchise or permit to operate a radio or television station shall be granted
or issued, suspended or cancelled during the election period. (Sec. 6.4, R.A.
9006) COMELEC is mandated under Sec. 7 of R.A. 9006 to exercise
affirmative action in procuring print space upon payment of just
compensation from at least 3 national circulation, and free airtime from at
least 3 national TV networks and 3 national radio networks, all of which
are to be allocated free of charge equally and impartially among all the
candidates for national office on 3 different calendar days.
As a general rule, election cases shall be heard and decided in division.
Decisions that must be rendered by the COMELEC en banc include:
••••••
Decisions on motions for reconsideration (Art. IX-C, Sec. 3, 1987
Constitution); Petitions for correction of manifest errors in the Statement of
pertaining to proceedings of the Board of Canvassers (Mastura v.
COMELEC, 285 SCRA 493) Postponement of election (Sec. 4, R.A. 7166)
Declaration of failure of election (Sec. 4, R.A. 7166) Calling of special
elections (Sec. 4, R.A. 7166)
Time Period and Votes Required The COMELEC shall decide by a majority
vote of all its members any case or matter brought before it within 60 days
from the date of its submission for decision or resolution. (Art. IX-A, Sec. 7
1987 Constitution) Judicial Review Unless otherwise provided by the
Constitution or by law, any decision, order or ruling of each Commission
may be brought to the Supreme Court on certiorari by the aggrieved party
within 30 days from receipt of a copy thereof. (Art. IX-A, Sec. 7, 1987
Constitution) What is contemplated in this provision are decisions, orders
or resolutions rendered by the COMELEC in the exercise of its
6
adjudicatory or quasi-judicial powers not those which are mere incidents
of its inherent administrative functions over the conduct of elections.
Questions arising from the latter may be taken in an ordinary civil action
before the RTC. By certiorari, a party raises questions of law in the
Supreme Court. Findings of fact made by the COMELEC are conclusive
upon the Supreme Court. The Supreme Court has no power of supervision
over the COMELEC except to review its decisions on petitions by
certiorari. The certiorari jurisdiction of the Supreme Court is confined to
instances of grave abuse of discretion amounting to patent and substantial
denial of due process committed by it in the exercise of its quasi-judicial
powers. ELECTIONS IN GENERAL Kinds of elections General election
Quasi-Judicial Powers Jurisdiction
It is one provided for by law for the election to offices throughout the State
or a certain subdivision thereof, after the expiration of the full term of
former officers.
The COMELEC has exclusive original jurisdiction over all contests relating
to the election, returns and qualifications of all elective, regional, provincial
and city officials.
Special election
The COMELEC has exclusive appellate jurisdiction over all contests
involving municipal officials decided by the RTC, or involving elective
barangay officials decided by the MTC. In these cases, the decisions therein
shall be final, executory and unappealable. (Art. IX-C, Sec. 2 (2), 1987
Constitution)
It is an election held to fill a vacancy in an office before the expiration of
the full term for which the incumbent was elected, or an election at which
some issue or proposition is submitted to the vote of the qualified electors.
Rendition of Decision Composition; En Banc and Division Cases
It is one provided for by law under special circumstances.
Date of Election Under the Law In accordance with the Constitutional
policy to synchronize elections, there is a simultaneous conduct of elections
for national and
68 local officials once every 3 years. Under R.A. 7166, elections shall be
held on the 2nd Monday of May. The President and Vice-President are
elected on the same day every 6 years. Senators, Elective Members of the
House of Representatives, and Elective Provincial, City and Municipal
Officials are elected on the same day every 3 years, except with respect to
the Senators, only 12 of whom shall be elected every 3 years. Barangay
Elections are held on the same day, and every 5 years thereafter, the term
for elective barangay officials having been extended from 3 years to 5
years. (R.A. 7160, Sec. 43 (c) as amended by R.A. 8524) Time and Place for
Holding Elections The time must be fixed by the authoritative power (i.e.
the Constitution; laws in the case of regular elections; the executive or
other designated power in the case of special elections). The place for
holding elections shall be fixed by general law or by a proclamation or by
the notice by which the election is called. Such designated place shall be
mandatory. In case of emergencies which necessitate the changing of a
polling place, adequate general notice must be given. Manner of Holding
Elections While the manner of holding elections must be regulated, it is
obvious that the manner prescribed is intended simply to secure the correct
result. Manner and form should not be allowed to defeat the undoubted
will of the people clearly expressed. (C.J. Simpson) Regulations prescribed
are merely directory, and a failure to observe them fully will not invalidate
the election, where an election has been held in good faith and
irregularities do not affect the result. Where a special election is provided
for, but no method of holding it is declared, it will be sufficient if it is held
in the manner prescribed for the holding of general elections.
Polling Places Polling place, defined POLLING PLACE: Building or place
where the Board of Election Inspectors conducts its proceedings and where
the voters cast their votes (Sec. 152, BP 881) Designation of polling places
The COMELEC may introduce changes in the location of polling places
when necessary after notice to the registered political parties and
candidates affected if any, and hearing. No location shall be changed
within 45 days before a regular election and 30 days before a special
election, referendum or plebiscite except when it is destroyed or it cannot
7
be used. (Sec. 153, BP 881) Arrangements and Contents of Polling Places
Each polling place shall have at least 10 voting booths of such size,
specifications and materials as the COMELEC may provide to enable the
voters to fill out their ballots secretly. (Sec. 158, BP 881) The polling place
shall be so arranged that the booths, the table, the ballot boxes and the
whole polling place, except what is being written within the booths, shall
be in plain view of the board of election inspectors, the watchers and other
persons who may be within the polling place. (Sec. 159 (d), BP 881) The
COMELEC shall post inside each voting booth and elsewhere in the
polling place on the day before the election, referendum, or plebiscite and
during the voting period a list containing the names of all candidates or the
issues or questions to be voted for. (Sec. 158; BP 881) There shall be a guard
rail between the voting booths and the table for the Board of Election
Inspectors. (Sec. 159; BP 881) Inspection of polling places Before the day of
the election, referendum or plebiscite, the Chairman of the COMELEC
shall, through its authorized representatives, see to it that all polling places
are inspected and such omissions and defects as may be found are
corrected. (Sec. 163, BP 881)
PRE-ELECTION REQUIREMENTS
OFFICIAL BALLOTS, ELECTION RETURNS & BALLOT BOXES
PRECINCTS AND POLLING PLACES
Form and Contents of ballots
Precincts
The ballots shall:
Precinct, defined - unit of territory for the purpose of voting (Sec. 149, BP
881) Establishment of Precincts The COMELEC shall establish all election
precincts. barangay shall have at least 1 such precinct. (Sec. 149, BP 881)
• “Official Ballot”, the name of the city or municipality and the province, the
be uniform in size;
• allowing opposite the name of each office, sufficient space or spaces with
be printed in black ink on white security paper with distinctive, clear and
legible watermarks that will readily distinguish it from ordinary paper;
•
be in the shape of a strip with stub and a detachable coupon containing the
serial number of the ballot and a space for the thumbmark of the voter on
the detachable coupon;
Each
The COMELEC may introduce adjustments, changes or new divisions or
abolish precincts if necessary. But no changes shall be introduced within 45
days before a regular election and 30 days before a special election or
referendum or plebiscite. (Sec. 149, BP 881) Where it is not practicable to
divide a precinct by territory, the COMELEC may adjust or split the
precinct by assigning the registered voters alphabetically and equitably
among the adjusted or split precinct. The polling places of the said
precincts must be in the same building. (Sec. 8, R.A. 7166)
•
Publication of Maps of Precincts At least 5 days before the first registration
day and until after the election, referendum, or plebiscite, the COMELEC
shall post in the city or municipal hall and in 3 other conspicuous places
and on the door of each polling place, a map of the city or municipality
showing its division into precincts. Such maps shall be kept posted until
after the election, referendum or plebiscite. (Sec. 151, BP 881)
•
bear at the top middle portion the coat-of-arms of the Republic, the words,
date of the election and the following notice in English, “Fill out this ballot
secretly inside the voting booth. Do not put any distinctive mark on any
8
part of this ballot”; contain the names of all the offices to be voted for,
horizontal lines where the voter may write the name or names of the
individual candidates voted for by him;
69 •
have nothing printed or written at the back except the signature of the
chairman of the Board of Election Inspectors
Notwithstanding the preceding provisions, COMELEC may prescribe a
different form of official ballot on the same watermarked security paper to
facilitate the voting by illiterate voters only and to use or adopt the latest
technological and electronic devices in connection therewith. (Sec. 23, R.A.
7166) Emergency Ballots GR: No ballots other than the official ballots shall
be used or counted. Exception: "Emergency ballots" may be used if: failure
to receive the official ballots on time there are no sufficient ballots for all
registered voters
- the COMELEC may appoint additional election officers for such duration
the ballots are destroyed at such time as shall render it impossible to
provide other official ballots. In these cases, the city or municipal treasure
shall provide other ballots which shall be as similar to the official ones as
circumstances will permit and which shall be uniform within each polling
place. (Sec. 182, BP 881) Printing of official ballots and election returns The
official ballots and election returns shall be printed by the Government
Printing Office and/or the Central Bank printing facilities exclusively,
under the exclusive supervision and control of the COMELEC which shall
determine and provide the necessary security measures in the printing,
storage and distribution thereof. (Sec. 184, BP 881) The registered political
parties or coalitions of parties (or their components should there be any
dissolution or division of said coalition) whose candidates obtained at least
10% of the total votes cast in the next preceding senatorial election are each
entitled to have a watcher and/or representative in the procurement and
watermarking of papers to be used in the printing of election returns and
official ballots, and in the printing, numbering, storage and distribution
thereof. (Sec. 8, R.A. 6646)
Necessity of registration "The act of registration is an indispensable
precondition to the right of suffrage. For registration is part and parcel of
the right to vote and an indispensable element in the election process. Thus
… registration cannot and should not be denigrated to the lowly stature of
a mere statutory requirement. Proceeding from the significance of
registration as a necessary requisite to the right to vote, the State
undoubtedly, in the exercise of its inherent police power, may then enact
laws to safeguard and regulate the act of voter’s registration for the
ultimate purpose of conducting honest, orderly and peaceful election, to
the incidental yet generally important end, that even pre-election activities
could be performed by the duly constituted authorities in a realistic and
orderly manner – one which is not indifferent and so far removed from the
pressing order of the day and the prevalent circumstances of the times."
(Akbayan, et al v. COMELEC, G.R. No.147066, March 26, 2001)
Qualifications and Disqualifications See previous discussion under
Suffrage. Election Registration Board (Sec. 15, R.A. 8189) In each city and
municipality, there shall be as many Election Registration Boards as there
are election officers therein. In thickly populated cities or municipalities,
as may be necessary. Composition (1) Chairman: Election Officer. In case
disqualified, the COMELEC shall designate an acting Election Officer. (2)
Members: (a) Public school official most senior in rank; and (b) Local civil
registrar, or in his absence, the city or municipal treasurer. If neither are
available, any other appointive civil service official from the same locality
as designated by the COMELEC.
Requisition and Distribution The official ballots and election returns shall
be distributed to each city and municipality at the rate of one and one-fifth
ballots for every voter registered in each polling place, and for election
returns, at the rate of one set for every polling place. (Sec. 186, BP 881) The
ruling party and the dominant opposition party shall submit the names of
their watchers who, together with the representatives of the COMELEC
and the provincial, city, and municipal treasurers shall verify the contents
of the boxes containing the shipment of official ballots, election returns and
sample official ballots. (Sec. 189, BP 881)
Disqualifications No member of the Board shall be related to each other or
9
to any incumbent city or municipal elective official within the 4th civil
degree of consanguinity or affinity. If in succeeding elections, any of the
newly elected city or municipal officials is related to a member of the
Board within the 4th civil degree of consanguinity or affinity, such member
is automatically disqualified to preserve the integrity of the Election
Registration Board.
Publication NOTE: It is an election offense to either:
(1) accept
The COMELEC shall publish at least 10 days before an election, in a
newspaper of general circulation, certified data on the number of ballots
and returns and the names and addresses of the printers and the number
printed by each.
an appointment, to assume office and to actually serve as a member of the
Board although ineligible thereto (Sec. 45d, R.A. 8189), or
(2) appoint
such ineligible person knowing him to be ineligible (Sec. 45d, R.A. 8189)
Ballot boxes On the day of the voting, there shall be a ballot box one side of
which shall be transparent which shall be set in a manner visible to the
voting public. It shall contain two compartments, one for valid ballots and
the other for spoiled ballots. REGISTRATION OF VOTERS
Function
- period is to enable the COMELEC to complete all the necessary pre-
Meet quarterly on the 3rd Monday of April, July, October and January of
every calendar year (or on the next following working day if such
designated days fall on non-working holidays) To hear and process all
applications for registration.
Registration defined When registration conducted - the act of
accomplishing and filing of a sworn application for registration by a
qualified voter before the election officer of the city or municipality
wherein he resides and including the same in the book of registered voters
upon approval by the Election Registration Board. (Sec. 3a, R.A. 8189)
Registration of voters shall be conducted not less than 120 days before a
regular election and 90 days before a special election. (Sec. 8, R.A. 8189)
70 reasonable fee. However, in the case of an initiative or referendum, the
COMELEC is authorized to set a special registration day at least 3 weeks
before the scheduled initiative or referendum. (Sec. 5, R.A. 6735)
Illiterate and Disabled Voters
CAN A SPECIAL REGISTRATION FOR A REGULAR ELECTION BE
CONDUCTED OUTSIDE THE PERIOD PRESCRIBED IN SEC. 8, R.A. 8189
UNDER THE RESIDUAL OR STANDBY POWERS OF THE COMELEC
UNDER SEC. 28, R.A. 8436?
Any illiterate person may register with the assistance of the Election Officer
or any member of an accredited citizen’s arm. The application for
registration of a physically disabled person may be prepared by any
relative within the fourth civil degree of consanguinity or affinity or by the
Election Officer or any member of an accredited citizen’s arm using the
data supplied by the applicant [Sec. 14, RA 8189].
No. In the case of Akbayan, et al v. COMELEC (G.R. No.147066, March 26,
2001), the Supreme Court held that Sec. 8 of R.A. 8189 explicitly provides
that no registration shall be conducted during the period starting 120 days
before a regular election. The purpose of having a 120-day prohibitive
election activities, including the Project of Precincts, constitution of Board
of Election Inspectors, Book of Voters and approved Voters Registration
Records, Computerized Voters' List, and Voters Information Sheet.
Registration of voters is not, contrary to popular opinion, merely the act of
going to the Election Officer and writing the names down. It is "in fact, a
long process that takes about 3 weeks to complete not even counting how
long it would take to prepare for the registration in the first place." Re-
10
registration A voter who is registered in the permanent list of voters need
not register anew for subsequent elections unless: (1)
Inclusion-exclusion cases Common rules governing judicial proceedings in
the matter of inclusion, exclusion and correction of names of voters (Sec.
32, R.A. 8189) (1) TIME OF FILING: During office hours
(2)
Modes of service: (1) personal delivery, or (2) registered mail, or (3) posting
in the bulletin board of city or municipal hall and in 2 other conspicuous
places within the city or municipality (3) CONTENTS: Petition shall refer
only to 1 precinct, and shall implead the Board as respondents
he transfers residence to another city or municipality; or
(4) COSTS: Generally, no costs shall be assessed against any party.
However, the court may order a party to pay the costs and incidental
expenses of the suit should it find that the application was filed solely to
harass the adverse party and to cause him to incur expenses.
(2) his
registration has been cancelled on the ground of disqualification and such
disqualification has been lifted or removed (Sec. 125, BP 881);
(5) INTERVENTION: Any voter, candidate or political party who may be
affected by the proceedings may intervene and present his evidence.
System of Continuing Registration Under Sec. 8 of RA 8189, the COMELEC
has the power to conduct continuing registration. Such registration shall be
conducted daily in the office of the Election Officer during regular office
hours, except during the period starting 120 days before a regular election
and 90 days before a special election. The filing of the application must be
done personally.
(6) EVIDENCE: Shall be based on the evidence presented. In no case shall a
decision be rendered upon a stipulation of facts. If the case involves the
issue of a fictitious voter, the non-appearance of the challenged voter on
the day set for hearing shall be prima facie evidence that such voter is
fictitious.
Challenge of the right to register Any person applying for registration may
be challenged before the Election Registration Board:
•••
(7) DECISION: Petition shall be heard and decided within 10 days from
date of filing.
by any voter,
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.
by any candidate, or by any representative of a registered political party.
Such challenge must be made in writing, under oath and must state the
grounds therefor. (Sec. 18, R.A. 8189) List of voters
NOTICE: Notice of the place, date and time of the hearing of the petition
shall be served upon the members of the Board and the challenged voter
upon filing of the petition.
Jurisdiction and Appeal in Inclusion and Exclusion Cases MTC:
original and exclusive jurisdiction
RTC:
appellate jurisdiction
The list of voters refers to an enumeration of names of registered voters in
a precinct duly certified by the Election Registration Board for use in the
11
election. (Sec. 3 (d), R.A. 8189)
Appeals must be made within 5 days from receipt of notice. Otherwise the
decision of the MTC becomes final and executory after said period.
The Board of Election Inspectors must post the final list of voters in each
precinct 15 days before the date of the regular or special election or
referendum or plebiscite.
The RTC shall decide the appeal within 10 days from the time the appeal
was received, and its decision shall be final and executory. No motion for
reconsideration shall be entertained. (Sec. 138, BP 881; Sec. 33, R.A. 8189)
Any candidate or authorized representative of an accredited political party
upon formal request to an election registrar shall be entitled to a certified
copy of the most recent list of voters upon payment of a
Petition for Inclusion of Voters in the List
71 The following may petition to be included in the voters’ list: •
•
any person whose application by registration has been disapproved by the
Board of Election Inspectors or any person whose name has been stricken
out from the list
Petitioner may apply at any time except 105 days prior to a regular election
or 75 days prior to a special election. (Sec. 34, R.A. 8189) Petition for
Exclusion of Voters from the List The following may petition for the
exclusion of a voter from the permanent list of voters: •
any registered voter;
•
any representative of a political party;
• the exclusion proceedings. However, the decision does not acquire the
the Election Officer
Such petition may be filed at any time except 100 days before a regular
election or 65 days before a special election. It shall be decided within 10
days from filing. (Sec. 35, R.A. 8189) "The petition for exclusion is a
necessary component to registration since it is a safety mechanism that
gives a measure of protection against flying voters, non-qualified
registrants, and the like. The prohibitive period, on the other hand serves
the purpose of securing the voter’s substantive right to be included in the
list of voters." (Akbayan, et al v. COMELEC, G.R. No.147066, March 26,
2001)
(1) (2) (3)
Any voter; Any election officer; Any duly registered political party
GROUNDS:
(1) (2) • • • • • • •
(3)
The book of voters was not prepared in accordance with the provisions of
R.A. 8189; The book of voters was prepared through: Fraud; Bribery;
Forgery; Impersonation; Intimidation; Force; or Any similar irregularity
The book of voters contains data that are statistically improbable
The book of voters shall be annulled after due notice and hearing by the
COMELEC after the filing of a verified petition. No order, ruling or
decision annulling a book of voters shall be executed within 90 days before
an election. Deactivation and reactivation of registration Deactivation of
registration (Sec. 27, R.A. 8189) CAUSES OF DEACTIVATION: (1)
The 3 grounds for disqualification to vote, namely:
The citizenship of a person to be stricken from the list may be decided in
12
nature of res judicata considering the summary character of the case.
(a) Sentence by final judgment to suffer imprisonment for not less than one
(1) year, such disability not having been removed by plenary pardon or
amnesty;
Voters Excluded Through the Inadvertence or Registered with an
Erroneous or Misspelled Name (Sec. 37, R.A. 8189)
(b) Adjudgment by final judgment of having committed any crime
involving disloyalty to the duly constituted government (e.g. rebellion,
sedition, violation of the firearms law) or any crime against national
security, unless restored to his full civil and political rights in accordance
with law;
WHAT MAY BE FILED?
(1)
Petition for reinstatement - filed by any registered voter who has not been (3)
included in the precinct certified list of voters
Court order for exclusion of registration; and
(2)
(4)
Petition for correction of name - filed by any registered voter who has been
included in the precinct certified list of voters with a wrong or misspelled Loss of Filipino citizenship
name
Reactivation of registration (Sec. 28, R.A. 8189) PETITION FILED: Sworn
WHERE FILED? application for reactivation of registration in the form of an affidavit
stating that the grounds for the deactivation no longer exist
With the Election Registration Board
Annulment of Book of Voters
If the petition is denied or not acted upon, the voter may file on any date
with the proper MTC a petition for an order directing that the voter's name WHO MAY FILE: Any voter whose registration has been deactivated
be entered or corrected in the list. The following must be attached to the
petition: (1) The book of voters refers to the compilation of all registration records in a
precinct. (Sec. 3c, R.A. 8189)
13
Certified true copy of his registration record, or identification card, or the
entry of his name in the list of voters used in the preceding election; WHERE FILED: With the Election Officer, who shall then submit such
application to the Election Registration Board for appropriate action.
(2)
WHO MAY FILE PETITION FOR ANNULMENT:
Proof that his application was denied or not acted upon by the Board;
WHEN FILED:
(3)
(Sec. 39, R.A. 8189)
Proof that the petitioner has served notice of his application to the Board
72 Not later than 120 days before a regular election and 90 days before a
(c) Declaration of insanity or incompetence by competent authority, unless special registration
subsequently removed;
•
(2) Failure
To receive the 4th copy (if the dominant majority party) or the 5th copy (if
to vote in the 2 successive preceding regular elections, as shown by the the dominant minority party) of the election returns (Sec. 27, R.A. 7166 as
voting records (Note: SK elections are NOT considered regular elections for amended by R.A. 8045 and R.A. 8173)
this purpose);
REGISTRATION OF POLITICAL PARTIES Political Party defined
Procedure - an organized group of persons pursuing the same ideology,
political ideas or platforms of government and includes its branches and
divisions. (Sec. 60, BP 881) - an organized group of citizens advocating an
ideology or platform, principles and policies for the general conduct of
government and which, as the most immediate means of securing their
adoption, regularly nominates and supports certain of its leaders and
members as candidates for public office. (Sec. 3c, R.A. 7491) 2 Kinds: (1)
national party, i.e. a party whose constituency is spread over the
geographical territory of at least a majority of the regions; and (2) regional
party, i.e. a party whose constituency is spread over the geographical
territory of at least a majority of the cities and provinces comprising the
region.
(1)
The political party seeking registration may file with the COMELEC a
verified petition attaching thereto its constitution and by-laws, platform or
program of government and such other relevant information as may be
required by the COMELEC.
(2)
The COMELEC shall require publication of the petition for registration or
accreditation in at least three newspapers of general circulation.
(3)
After due notice and hearing, the COMELEC shall resolve the petition
within 10 days from the date it is submitted for decision. (Sec. 61, BP 881.
Note however the discrepancy with Sec. 62 which states that resolution of
the petition for registration or accreditation shall be 15 days from the date
of submission for decision.)
Purpose of registration The purpose of registration of political parties with
the COMELEC is to enable them to: (1)
Acquire juridical personality;
(2)
Qualify for subsequent accreditation; and
Who may not be registered The following may not be registered as political
parties:
•
(3) Entitle them to the rights and privileges granted to
•
political parties. (Sec. 60, BP 881) Rights and privileges granted
• 14
A registered political party is entitled to the following rights and
privileges:
•••
•
•
••
To be voted upon as a party, provided that it is registered under the party-
list system (Art. IX-C, Sec. 7, 1987 Constitution); To have a watcher in every
Election Registration Board (Sec. 15, R.A. 8189); To inspect and/or copy at
its expense the accountable registration forms and/or the list of registered
voters in the precincts constituting the constituency at which the political
party is fielding candidates (Sec. 42, R.A. 8189) To have a watcher and/or
representative in the procurement and watermarking of papers to be used
in the printing of election returns and official ballots and in the printing,
numbering, storage and distribution thereof (Sec. 8, R.A. 6646);
(3)
•
The party advocates violence or unlawful means to seek its goal (Sec. 6 (2),
religious denominations and sects (Art. IX-C, Sec. 2 (5), 1987 Constitution; R.A. 7941);
Sec. 61, BP 881) those which seek to achieve their goals through violence or
unlawful means (Art. IX-C, Sec. 2 (5), 1987 Constitution, Sec. 61, BP 881) To be present and to have counsel during the canvass of the election
those which refuse to uphold and adhere to the Constitution (Art. IX-C, returns (Sec. 25, R.A. 6646)
Sec. 2 (5), 1987 Constitution) those supported by foreign governments (Art.
IX-C, Sec. 2 (5), 1987 Constitution) Forfeiture of status and cancellation of (4)
registration
The party is a foreign party or organization (Sec. 6 (3), R.A. 7941);
Forfeiture of status Any registered political party that, singly or in coalition
with others, fails to obtain at least 10% of the votes cast in the constituency 73 (5)
in which it nominated and supported a candidate or candidates in the
election next following its registration shall, after notice and hearing be The party is receiving support from any foreign government, foreign
deemed to have forfeited such status as a registered political party in such political party, foundation, organization, whether directly or through any
constituency. (Sec. 60, BP 881) Cancellation of registration The following
are grounds for cancellation of registration of a political party:
of its officers or members or indirectly through third parties for partisan
election purposes (Sec. 6 (4), R.A. 7941);
15
To have watchers who shall verify the contents of the boxes containing the (6)
shipment of official ballots, election returns and sample official ballots
received by the provincial, city and municipal treasurers (Sec. 189, BP 881. The party violates or fails to comply with laws, rules or regulations relating
Note that this privilege is only available to the ruling party and the to elections (Sec. 6 (5), R. A. 7941);
dominant opposition party.);
(7)
(1)
The party declares untruthful statements in its petition for registration (Sec.
Accepting financial contributions from foreign governments or their 6 (6), R.A. 7941);
agencies (Art. IX-C, Sec. 2 (5), 1987 Constitution);
(8)
(2)
The party has ceased to exist for at least 1 year (Sec. 6 (7), R.A. 7941);
The party is a religious sect or denomination, organization or association
organized for religious purposes (Sec. 6 (1), R.A. 7941); (9)

To have one watcher in every polling place and canvassing center (Sec. 26, The party fails to participate in the last 2 preceding elections (Sec. 6 (8),
R.A. 7166); R.A. 7941);

(10)
If registered under the party-list system, the party fails to obtain at least 2%
of the votes in the 2 preceding elections for the constituency in which it has
registered. (Sec. 6 (8), R.A. 7941)
(3) Sectoral organizations, i.e. groups of citizens or coalitions of groups of
citizens who share similar physical attributes or characteristics,
employment, interest or concerns (Sec. 3e, R.A. 7941);
(4) Coalitions,
i.e. aggrupations of duly registered national, regional, sectoral parties or
organizations for political and/or election purposes (Sec. 3f, R.A. 7941)
Parties, organizations or coalitions that are already registered with the
COMELEC need not register anew. However, should they wish to
participate in the party-list system, they must file with the COMELEC a
manifestation of such desire to participate not later than 120 days before
the election. (Sec. 4, R.A. 7941, as amended by Sec. 11, R.A. 8436) Procedure
for registration PETITION: Petition verified by the
party/organization/coalition's president or secretary. The petition must
state its desire to participate in the party-list system as a national, regional
or sectoral party or organization or a coalition of such parties or
organizations. WHEN FILED: Not later than 90 days before the election
Under the party-list system, the COMELEC may refuse or cancel
registration either motu propio or upon verified complaint of any
interested party, after due notice and hearing. (Sec. 6, R.A. 7941)
ATTACHMENTS: (1) Constitution; (2) By-laws; (3) Platform or program of
government; (4) List of officers; (5) Coalition agreement (as applicable); (6)
Other relevant information as may be required by the COMELEC
Nomination and selection of official candidates (Sec. 6, R.A. 7166) No
political convention or meeting for the nomination or election of the official
candidates of any political party or organization or political groups or
coalition thereof shall be held earlier than the following periods: Pres., VP,
Senators: 165 days before the date of the election
After due notice and hearing, the COMELEC shall resolve the petition
within 15 days from the date it was submitted for decision, but not later
than 60 days before election. (Sec. 5, R.A. 7941)
Members of the House of Representatives 75 days before the day of
Elective Provincial, City or Municipal Officers
Grounds for refusal and/or cancellation of registration
the election
REGISTRATION FOR PARTY-LIST Party-list system defined - a
mechanism of proportional representation in the election of representatives
to the House of Representatives from national, regional and sectoral parties
or organizations or coalitions thereof registered with the COMELEC.
Component parties or organizations of a coalition may participate
16
independently, provided the coalition of which they form part does not
participate in the party-list system. (Sec. 3, R.A. 7941) Purpose of party-list
system - to enable Filipino citizens belonging to marginalized and
underrepresented sectors, organizations and parties, and who lack
welldefined political constituencies but who could contribute to the
formulation and enactment of appropriate legislation that will benefit the
nation as a whole, to become members of the House of Representatives.
(Sec. 2, R.A. 7941)
The following are grounds for refusal and/or cancellation of registration of
a party, organization or coalition wishing to participate in the party-list
system:
1.
Accepting financial contributions from foreign governments or their
agencies (Art. IX-C, Sec. 2 (5), 1987 Constitution);
2.
The party is a religious sect or denomination, organization or association
organized for religious purposes (Sec. 6 (1), R.A. 7941);
3.
The party advocates violence or unlawful means to seek its goal (Sec. 6 (2),
R.A. 7941);
4.
The party is a foreign party or organization (Sec. 6 (3), R.A. 7941);
5.
The party is receiving support from any foreign government, foreign
political party, foundation, organization, whether directly or through any
of its officers or members or indirectly through third parties for partisan
election purposes (Sec. 6 (4), R.A. 7941);
6.
74 8.
The party has ceased to exist for at least 1 year (Sec. 6 (7), R.A. 7941);
9.
The party fails to participate in the last 2 preceding elections (Sec. 6 (8),
R.A. 7941);
10.
If registered under the party-list system, the party fails to obtain at least 2%
of the votes in the 2 preceding elections for the constituency in which it has
registered. (Sec. 6 (8), R.A. 7941)
for member of the House of Representatives in his legislative district, and
the second, a vote for the party, organization, or coalition he wants
represented in the House of Representatives. Party-list representative
17
District representative

The party violates or fails to comply with laws, rules or regulations relating Scope of electorate
to elections (Sec. 6 (5), R. A. 7941);
Elected nationally, with party-list organizations garnering at least 3% of all
7. the votes cast for the party-list system entitled to 1 seat, which is increased
according to proportional representation, but is in no way to exceed 3 seats
The party declares untruthful statements in its petition for registration (Sec. per organization
6 (6), R.A. 7941);
Elected according to legislative district by the constituents of such district
Who may be registered
(Sec. 8, R.A. 7941)
(1) Political parties (See discussion in previous section); (2) Sectoral parties,
i.e. organized groups of citizens belonging to the labor, peasant, fisherfolk, Residence requirement
urban poor, indigenous cultural communities, elderly, handicapped,
women, youth, veterans, overseas workers, and professional sectors, and No special requirement
whose principal advocacy pertains to the special interest and concerns of
their sector (Sec. 3d, R.A. 7941); residency

Each registered party, organization or coalition shall submit to the
COMELEC a list of not more than 5 names from which party-list
representatives shall be chosen in case it obtains the required number of
votes. This list must be submitted not later than 45 days before the election.
Must be a resident of his legislative district for at least 1 year immediately
before the election
Manner of election
Voted upon by party or organization. It is only when a party is entitled to
representation that it designates who will sit as representative.
Elected personally, i.e. by name.
Effect disaffiliation party
Loses his seat, in which case he/she will be substituted by another
qualified person in the party / organization based on the list submitted to
the COMELEC.
Does not lose seat if he/she changes party or affiliation.
Effect of vacancy
A substitution will be made within the party, based on the list submitted to
the COMELEC.
A special election may be held provided that the vacancy takes place at
least 1 year before the next election.
Effect of change in affiliation within 6 months prior to election
A party-list representative is prohibited from sitting as representative
under his new party or organization.
This does not prevent a district representative from running under his new
party.
Effect of loss during previous election
A party-list representative cannot sit if he ran and lost in the previous
election.
The COMELEC may refuse or cancel registration either motu proprio or
upon verified complaint of any interested party, after due notice and
hearing. (Sec. 6, R.A. 7941) Nomination of party-list representatives
The nomination of party-list representatives is subject to the following
limitations: (1)
The nominee must have all of the qualifications and none of the
disqualifications for the exercise of the right of suffrage. Moreover, he/she
must be a registered voter, able to read and write, and at least 25 years on
the day of the election. In case of youth sector nominees, such nominees
must be at least 25 but not more than 30 yrs. old on the day of the election.
18
(Sec. 9)
of with
(2) The nominee must be a bona fide member of the party or organization
which he/she seeks to represent for at least 90 days preceding the day of
the election. (Sec. 9)
(3) An
elected party-list representative who changes his political party or sectoral
affiliation within 6 months before an election is not eligible for nomination
as party-list representative under his new party or organization. (Sec. 15)
(4) A person may be nominated in 1 list only.
(Sec. 8)
A district representative is not prevented from running again as a district
representative if he/she lost during the previous election.
ACCREDITATION OF A CITIZENS' ARM
(5) Only persons who have given their consent in writing may be named in
the list. (Sec. 8)
(6) The list cannot include any candidate for any elective
Who may be accredited
office or any person who has lost his bid for an elective office in the
immediately preceding election. (Sec. 8) (7)
- accreditation;
Changes of name or alterations in the order of nominees are generally not
allowed after the list has been submitted to the COMELEC. However, these
may be allowed when the nominee either: (a) (b) (c)
Dies; or Withdraws his nomination in writing; or Becomes incapacitated
- (d)
(Rule 33, Sec. 1, COMELEC Rules of Procedure)
in which case the substitute nominee shall be placed last in the list (Sec. 8)
Party-list and district representatives distinguished Every voter is entitled
to 2 votes: the first is a vote for candidate
Any bona fide non-partisan group, association or organization from the
civic, youth, professional, educational, business or labor sectors with
identifiable leadership, membership and structure, and with demonstrated
capacity to promote the public interest and assist the COMELEC in the
performance of its functions and activities as mandated by the Constitution
and by law
Procedure for accreditation (1)
FILING OF PETITION FOR ACCREDITATION Any group seeking
accreditation may file a petition for accreditation, duly verified by its
President, Chairman of the Board of Directors, or
75 any of its duly authorized officers. The petition for accreditation must
state the following: (a)
The constituency to which petitioner seeks accreditation;
(b)
That it is not supporting any candidate, political party, organization or
coalition of political parties, in the constituency where it seeks
(c)
Nature of its membership; names of its officers or organizers, location of
principal office or place of business, and an assurance of its capability to
19
undertake a coordinated operation and activity to assist the COMELEC;
(e) (f)
(2)
That it shall submit itself to the direct and immediate control and
supervision and comply with the orders of the COMELEC in the
performance of its specific functions and activities provided by law, and
such other functions and activities provided by law, and such other
functions and activities which the COMELEC may assign; That it shall
strictly remain non-partisan and impartial during the registration and
election periods; That it is not supported by or under the influence of any
foreign government or any of its agencies or instrumentalities; or of any
foreigner, whether natural or juridical person;
(g)

That it shall not solicit or receive, directly or indirectly, any contribution or
aid of whatever form or nature from any foreign government or any of its
agencies or instrumentalities, or from any foreigner, whether natural or
juridical person;
(h)
That it does not seek to achieve its objectives, goals or programs through
violence or other unlawful means, nor aim to propagate any ideology
opposed to the principles of a republican and democratic government; and
(i)
That it undertakes to police its ranks and prevent infiltration by persons or
groups of persons who may, directly or indirectly, destroy its character of
non-partisanship and impartiality.
SETTING OF PETITION FOR HEARING Upon the filing of the petition,
the COMELEC en banc shall immediately set the petition for hearing. The
COMELEC may order the publication of the petition in a newspaper of
general circulation if it deems such necessary. Publication shall be at the
expense of the petitioner.
(3)
HEARING OF PETITION The accreditation of the petitioner may be
opposed by any person, group, association, group or organization, political
party or coalition of political parties possessing relevant information or
evidence against the petitioner by filing a verified opposition. However,
notwithstanding the absence of any opposition, the COMELEC may motu
proprio require the petitioner to present evidence to support its petition for
accreditation.
(4)
DECISION The COMELEC shall then render its decision. If the decision is
for the accreditation of the petition, a certificate of accreditation shall be
issued stating the following: (a)
The name of the group or organization;
(b)
The constituency to which it is accredited; and
(c)
The political exercise for which it is accredited
Revocation and expiration of accreditation REVOCATION: May be done
by the COMELEC after notice and hearing for any of the following acts: (1)
The citizens' arm has showed or acted with partiality in any political issue
or to any political party, organization or coalition of political parties; (2)
It has performed acts in excess of its duties and functions as provided by
law; or
20
(3)
It has failed to comply with the conditions imposed upon it in the decision
granting accreditation.
EXPIRATION: The accreditation automatically lapses at the end of the
election period of the political exercise for which the petitioner was
accredited as citizens' arm. CERTIFICATES OF CANDIDACY Candidate
defined Any person aspiring for or seeking an elective public office, who
has filed a certificate of candidacy by himself or through an accredited
political party, aggroupment, or coalition of parties. (Sec. 79, BP 881) Guest
Candidacy A political party may nominate and/or support candidates not
belonging to it. (Sec. 70, BP 881) Note however that this is not applicable in
cases of political parties registered under the party-list system, as nominees
must necessarily be bona fide members of the party. Qualifications See the
provisions of the Constitution for the qualifications of candidates for
President, Vice-President, Senator, and Member of the House of
Representatives. See the provisions of the Local Government Code for the
qualifications of local elective officials. Qualifications prescribed by law are
continuing requirements and must be possessed for the duration of the
officer's active tenure. Once any of the required qualifications are lost, his
title to the office may be seasonably challenged. (See Frivaldo v.
COMELEC, 174 SCRA 245; Labo v. COMELEC, 176 SCRA 1) Filing of
certificate of candidacy To be eligible for any elective public office, one
must file a certificate of candidacy within the period fixed by the Omnibus
Election Code. Mode of Filing Certificates must be filed by the candidate
personally or by his duly authorized representative. No certificate shall be
filed by mail, telegram or facsimile. (Sec. 7, R.A. 7166) Time of Filing
Certificates of candidacy must be filed in 12 legible copies not later than
120 days before the elections. (Sec. 11, R.A. 8436) Place of Filing The
certificates of candidacy shall be filed in the following places: President
Vice-Pres Senator |
| | COMELEC main office (Mla)
Congressman
- Provincial election supervisor
76 If NCR district: File with Regional Election Director RAMIREZ V.
COMELEC If legislative district in cities outside NCR which comprise one
or more legislative districts: File with City election registrar concerned
Provincial Offices -
Provincial election supervisor
City / Municipal Offices - City or municipal election registrar Contents of
certificate of candidacy The certificate of candidacy shall state the
following: •
That the person filing the certificate is announcing his candidacy for the
office stated therein and that he or she is eligible for such office;
• Lack of Filipino citizenship;
The political party to which the candidate belongs;
•
Civil status;
•
Date of birth;
•
Residence;
•
Post office address for all election purposes;
• 21
The certificate of candidacy of petitioner for the office of provincial board
member was filed by his political party. 15 minutes before the deadline, he
filed his certificate of candidacy for mayor. 8 days later, he filed a petition
to withdraw his certificate of candidacy for the office of the board member
and to declare subsisting his certificate of candidacy for mayor, attaching
his written declaration under oath withdrawing his certificate of candidacy
for board member. Since the certificate of candidacy for the position of
board member was filed by his party and the said party had withdrawn
that nomination, there was substantial compliance with Sec. 73 of the
Omnibus Election Code. His filing under oath within the statutory period
of his individual candidacy for mayor was a rejection of the party
nomination of the other officer. Disqualifications According to Prof.
Barlongay, disqualifications may be classified into 4 categories: (1) status;
(2) acts; (3) nuisance candidacy; and (4) falsity of material representation in
the certificate of candidacy. Status (1)
Profession or occupation;
 campaign period") have been repealed by Sec. 14 of R.A. 9006 (Fair Election
(2) Act of 2001).

Lack of residency requirement; (4) Permanent

• residence or immigrant status in a foreign country, unless such person has

waived his status as permanent resident or immigrant in accordance with
That he / she will support and defend the Constitution of the Philippines the residence requirement provided for in the election laws (Sec. 68, BP
and will maintain faith and allegiance thereto; 881)

(3) Acts (1) •

Insanity or incompetence, as declared by competent authority; Any offense for which the candidate has been sentenced to a penalty of
more than 18 months of imprisonment;
•
•
That he / she will obey the laws, legal orders, and decrees promulgated by
the duly constituted authorities; Any offense involving moral turpitude; Moral turpitude is an act of a
baseness, vileness, or depravity in the private duties which a man owes to
22
• his fellow men, or to society in general, contrary to the accepted and
customary rule of right and duty between man and woman or conduct
That he / she is not a permanent resident or immigrant to a foreign contrary to justice, honesty, modesty or good morals. The general rule is
country; that crimes mala in se involve moral turpitude while crimes mala prohibita
do not. Moral turpitude implies something immoral in itself, regardless of
• the fact that it is punishable by law or not. (Dela Torre v. COMELEC, 191
SCRA 229)
That the obligation imposed by oath is assumed voluntarily, without
mental reservation or purpose of evasion; Withdrawal of certificate

• If a candidate files a certificate of candidacy for more than 1 office, he shall

That the facts stated in the certificate of candidacy are true to the best of his
knowledge. Effects of filing
Note: Sec. 67 of BP 881 and the first proviso of Sec. 11 of R.A. 8436 (which
states that "Any elective official, running for any officer other than one
which he is holding in a permanent capacity, except for President and Vice-
President, shall be considered ipso facto resigned upon the start of the
not be eligible for any of them. However, he may declare under oath the
office for which he desires to be eligible and cancel the certificate of
candidacy for the other office or offices provided that this is done before
the expiration of the period for the filing of certificates of candidacy. (Sec.
73, BP 881) The filing of the withdrawal shall not affect whatever civil,
criminal, or administrative liabilities which a candidate may have incurred.
(Sec. 73, BP 881)
Subversion, insurrection, rebellion; Having engaged in election campaign or partisan political activity outside
the campaign period and not pursuant to a political party nomination (Sec.
• 68e, BP 881, cf. Sec. 80); Having removed, destroyed, obliterated, defaced
or tampered with or prevented the distribution of lawful election
Any mass media columnist, commentator, announcer, reporter, on-air propaganda (Sec. 68e, BP 881, cf. Sec. 83); Having violated the rules and
correspondent or personality who is a candidate for any elective public regulations on election propaganda through mass media (Sec. 68e, BP 881,
office shall be deemed resigned, if so required by his/her employer, or cf. Sec. 86); Having coerced, intimidated, compelled, or in any manner
shall take a leave of absence from his/her work as such during the influenced, directly or indirectly, any of his subordinates or members, or
campaign period. (Sec. 6.6, R.A. 9006) employees, etc. to aid, campaign or vote for or against any candidate or
any aspirant for the nomination or selection of candidates (Sec. 68e, BP 881,
A person who has filed a certificate of candidacy may withdraw the same cf. Sec. 261d); Having directly or indirectly threatened, intimidated, or
prior to the election by submitting to the office concerned a written actually caused, inflicted or produced any violence, injury, punishment,
declaration under oath. damage, loss or disadvantage upon any person or that of the immediate
members of his family, his honor or property, or used any fraudulent
Sentence by final judgment for: device or scheme to compel or induce or prevent the registration of any
voter, or the participation in any campaign, or the casting of any vote, or
• any promise of such registration, campaign, vote, or omission therefrom

••
(Sec. 68e, BP 881, cf. Sec. 261e); 23
(1)
Having given money or other material consideration to influence, induce
or corrupt the voters or public officials performing electoral functions (Sec. Those sentenced by final judgment for an offense punishable by one year
68a, BP 881); Having committed acts of terrorism to enhance his candidacy or more of imprisonment and within 2 years after serving sentence.
(Sec. 68b, BP 881); Having spent in his election campaign an amount in
excess of that allowed by the Omnibus Election Code (Sec. 68c, BP 881); (2)

77 • • Those removed from office as a result of an administrative case.

••• REYES V. COMELEC Reyes, the incumbent mayor, was found guilty in an
administrative complaint. Despite this, he filed a certificate of candidacy.
• Although the COMELEC disqualified him, the Board of Election
Canvassers, unaware of COMELEC’s decision to disqualify him,
•• proclaimed Reyes as the mayor. The election of Reyes did not render the
administrative charges against him moot and academic. The decision to
• remove him was served on Reyes and thereafter became final because he
failed to appeal to the Office of the President. He was therefore validly
Having solicited, received or made any contribution prohibited under the removed from office and pursuant to the Local Government Code, was
Omnibus Election Code (Sec. 68d, BP 881; cf. Secs. 89, 95, 96, 97 and 104); disqualified from running for re-election. (3)

Those convicted by final judgment for violating the oath of allegiance to
the Republic of the Philippines.
(4)
Those with dual citizenship. See Mercado v. Manzano (LocGov)
(5)
A "fugitive from justice" includes "not only those who flee after conviction
to avoid punishment, but likewise those who, after being charged, flee to
avoid prosecution." (Marquez v. COMELEC, 243 SCRA 358) In the case of
Rodriguez v. COMELEC (G.R. No. 120099, July 24, 1996), it was held that
Rodriguez could not be considered a "fugitive from justice" because his
arrival in the Philippines from the U.S. preceded the filing of the felony
complaint in the Los Angeles Court and the issuance of the arrest warrant
by the same foreign court by almost 5 months. The Supreme Court held
that the intent to evade is the compelling factor that animates one’s flight
from a particular jurisdiction. And there can only be an intent to evade
prosecution or punishment when there is knowledge by the fleeing subject
of an already instituted indictment, or of a promulgated judgment of
conviction.
Having engaged in unlawful electioneering (Sec. 68e, BP 881, cf. Sec. 261k);
Having violated the prohibition against release, disbursement or
expenditure of public funds 45 days before a regular election (or 30 days in
the case of a special election) (Sec. 68e, BP 881, cf. Sec. 261v); Having
solicited votes or undertaken any propaganda on the day of election for or
against any candidate or any political party within the polling place or
within a radius of 30 m. thereof (Sec. 68e, BP 881, cf. Sec. 251cc)
Nuisance candidacy
(6)
A nuisance candidate is one who files a certificate of candidacy: (a) (b)
(c)
To put the election process in mockery or disrepute; or To cause confusion
among the voters by the similarity of the names of the registered
candidates, or Clearly demonstrating that he/she has no bona fide
intention to run for the office which the certificate of candidacy has been
filed, and thus prevents a faithful determination of the true will of the
electorate. (Sec. 69, BP 881)
Falsity of material representation Falsity of a material representation in the
certificate of candidacy is a ground for the denial of due course to or
cancellation of a certificate of candidacy under Sec. 78 of BP 881.
Disqualifications under the Local Government Code (Sec. 40, R.A. 7160)
Fugitives from justice in criminal and non-political cases here and abroad.
Permanent residents in a foreign country or those who have acquired the
right to reside abroad and continue to avail of the same right after the
effectivity of the Local Government Code.
24
FRIVALDO V. COMELEC Frivaldo was previously declared as an alien.
Despite this, he was able to file his certificate of candidacy. The election
occurred on May 8, 1995. Frivaldo was able to re-acquire Philippine
citizenship on June 30, 1995 through repatriation by taking his oath of
allegiance at 2:00 p.m. Philippine citizenship is an indispensable
requirement for holding an elective public office. An official begins to
govern or discharge his functions only upon his proclamation and on the
day the law mandates his term of office to begin. Since Frivaldo re-
assumed his citizenship on the very day the term began, he was therefore
already qualified to be proclaimed, to hold such office and to discharge the
functions and responsibilities thereof as of the said date. (7)
Those who are insane or feeble-minded.
Special Disqualifications under the Lone Candidate Law (Sec. 4, R.A. 8295)
78 ELECTION CAMPAIGN
The following persons are disqualified from running in a special election
called to fill the vacancy in an elective office, provided that evidence of
their guilt is strong: (1)
(2)
Any elective official who has resigned from his office by accepting an
appointive office or for whatever reason which he previously occupied but
has caused to become vacant due to his resignation; Any person who,
directly or indirectly, coerces, bribes, threatens, harasses, intimidates, or
actually causes, inflicts or produces any violence, injury, punishment,
torture, damage, loss or disadvantage to any person or persons aspiring to
become a candidate or that of the immediate member of his family, his
honor or property that is meant to eliminate all other potential candidate.
Effect of death, disqualification or withdrawal
Election campaign or partisan political activity It is an act designed to
promote the election or defeat of a particular candidate or candidates to a
public office. It does not include public expressions of opinions or
discussions of probable issues in a forthcoming election or on attributes or
criticisms of probable candidates proposed to be nominated in a
forthcoming political party convention. Prohibitions
• printed in the election returns and tally sheets. (Sec. 4, R.A. 6646)
•
If the death, disqualification or withdrawal occurs: - after the last day for
filing of the certificates of candidacy  ONLY a person belonging to, and
certified, by the same political party, may file a certificate of candidacy to
replace him.
• engaging directly or indirectly in any partisan political activity except to
- between the day before the election and mid-day of the election day  the
certificate may be filed with any Board of Election Inspectors in the
political subdivision where he is a candidate or with the COMELEC if it is
a national position. (Sec. 77, BP 881) Petition to deny due course or to
cancel certificate A verified petition to deny due course to or cancel a
certificate of candidacy may be filed by any person EXCLUSIVELY on the
ground that a material misrepresentation contained therein as required is
false. Such petition shall be filed any time not later than 25 days from the
time of filing of the certificate, and shall be decided not later than 15 days
before the election. (Sec. 78, BP 881) Prohibition against Multiple
Candidacies No person shall be eligible for more than one office to be filled
in the same election, and if he files his certificate of candidacy for more
than one office, he shall not be eligible for any of them. However, before
the expiration of the period for the filing of certificates of candidacy, the
person who was filed more than one certificate of candidacy may declare
under oath the office for which he desires to be eligible and cancel the
certificate of candidacy for the other office or offices. The filing or
withdrawal of a certificate of candidacy shall not affect whatever civil,
criminal or administrative liabilities which a candidate may have incurred.
Certified List of Candidates The COMELEC shall cause to be printed a
certified list of candidates for each office to be voted for in each province,
city or municipality immediately followed by the nickname or stage name
25
of the candidate and his political affiliation, if any. The list shall be posted
inside each voting booth. Whenever practicable, the Board of Election
Inspectors shall cause said list of candidates to be written on the
blackboard or manila paper for posting inside the polling place. The names
of all candidates followed by his nickname or stage name shall also be
ELECTION CAMPAIGN & EXPENDITURES
Members of the board of election inspections are prohibited from engaging
in any partisan political activity or from taking part in the election except
to discharge their duties as such and to vote. (Sec. 173, BP 881) Officers or
employees of the civil service are prohibited from engaging directly or
indirectly in any electioneering or partisan political campaigns. (Art. IX-B,
Sec. 2 (4), 1987 Constitution) Members of the military are prohibited from
vote. (Art. XVI, Sec. 5 (3), 1987 Constitution) Campaign period
It is prohibited for any person, political party or association of persons to
engage in an election campaign or partisan political activity except during
the campaign period. Violation of this prohibition constitutes an election
offense. (Sec. 80, B.P. 881) Lawful election propaganda (Sec. 3, R.A. 9006)
The following are lawful election propaganda: •
Pamphlets, leaflets, cards, decals, stickers, or other written or printed
materials the size of which does not exceed 8 ½ inches in width and 14
inches in length;
• charge by" followed by the true and correct name and address of the
Handwritten or printed letters urging voters to vote for or against any
particular political party or candidate for public office;
• attached to the advertising contract and submitted to the COMELEC
Cloth, paper or cardboard posters, whether framed or posted, with an area
not exceeding 2 feet by 3 feet.
NOTE: Streamers not exceeding 3 feet by 8 feet in size are allowed at the
site and on occasion of a public meeting or rally or in announcing the
holding of such meeting or rally. Such streamers may be displayed 5 days
before the date of the meeting or rally and shall be removed within 24
hours after said meeting or rally. •
Paid advertisements in print or broadcast media. Such advertisements
must comply with the following requirements:
• •••
Any published or printed political matter and any broadcast of election
propaganda by TV or radio for or against a candidate or group of
candidates to any public office shall bear and be identified by the
reasonably legible or audible words “political advertisement paid for”
followed by the true and correct name and address of the candidate or
party for whose benefit the election propaganda
79 was printed or aired. (Sec. 4.1, R.A. 9006)
•
•
•
If the broadcast is given free of charge by the radio or TV station, it shall be
identified by the words "airtime for this broadcast was provided free of
broadcast entity. (Sec. 4.2, R.A. 9006) Print, broadcast or outdoor
advertisements donated to the candidate or political party shall not be
printed, published, broadcast or exhibited without the written acceptance
by the said candidate or political party. Such written acceptance must be
within 5 days after its signing. (Sec. 4.3, R.A. 9006, cf. Sec. 6.3, R.A. 9006)
All other forms of election propaganda not prohibited by the Omnibus
Election Code or the Fair Election Act of 2001. 26
Adiong v. COMELEC (207 SCRA 712) In this case, the Supreme Court
declared as unconstitutional COMELEC Resolution No. 2347 insofar as it
prohibits the posting of decals and stickers on cars and other moving
vehicles since it infringes on the right to freedom of expression. The
restriction is so broad as to include even a citizen's privately-owned
vehicle, which is equivalent to deprivation of property without due process
of law. Prohibited Acts It is prohibited: For any foreigner:
to aid any candidate or political party, directly or indirectly; to take part or
influence in any manner any election; to contribute or make any
expenditure in connection with any election campaign or partisan political
activity
For any person during the campaign period:
••
to remove, destroy, obliterate or in any manner deface or tamper with
lawful election propaganda; to prevent the distribution of lawful election
propaganda
For any candidate, political party, organization or any person:
•
• office are entitled to not more than 60 minutes of TV advertisement and 90
to give or accept, directly or indirectly, free of charge, transportation, food
or drinks or things of value during the five hours before and after a public
meeting, on the day preceding the election, and on the day of the election;
to give or contribute, directly or indirectly, money or things of value for
such purpose.
Badoy v COMELEC (35 SCRA 285) The prohibition against certain forms of
election propaganda was upheld as a valid exercise of police power, “to
prevent the perversion and prostitution of the electoral apparatus, and of
the denial of due process of law.” Sanidad vs COMELEC ( 181 SCRA 529)
But this evil does not obtain in a plebiscite where the electorate is asked to
vote for or against issues not candidates.
Mass Media Equal access to media time and space All registered parties
and bona fide candidates are guaranteed equal access to media time and
space under the Fair Election Act. To this end, the COMELEC has the
power to supervise the use and employment of press, radio and television
facilities insofar as the placement of political advertisements is concerned
to ensure that candidates are given equal opportunities under equal
circumstances to make known their qualifications and their stand on public
issues. Of course, such political advertisements must be within the limits
set forth in the Omnibus Election Code and R.A. 7166 on election spending.
Pursuant to such end: • Print advertisements shall not exceed 1/4 page, in
broadsheet and 1/2 page in tabloids thrice a week per newspaper,
magazine, or other publications, during the campaign period;
•Bona
fide candidates and registered political parties running for nationally
elective office are entitled to not more than 120 minutes of TV
advertisement and 180 minutes of radio advertisement whether by
purchase or by donation;
•Bona
fide candidates and registered political parties running for locally elective
minutes of radio advertisement whether by purchase or by donation;
• Broadcast stations or entities are required to submit copies of their
broadcast logs and certificates of performance to the COMELEC for the
review and verification of the frequency, date, time and duration of
advertisement broadcast for any candidate or political party; • All mass
media entities are required to furnish the COMELEC with a copy of all
contracts for advertising, promoting or opposing any political party or the
candidacy of any person for public office within 5 days after its signing; •
No franchise or permit to operate a radio or TV station shall be granted or
27
issued, suspended or cancelled during the election period. Media
practitioners Moreover, media practitioners who are officials of a political
party or members of the campaign staff of a candidate or political party
prohibited from using their media time or space to favor any candidate or
political party. Media practitioners or personalities who are candidates for
any elective public office or are campaign volunteers for or employed or
retained in any capacity by any candidate or political party shall be
deemed resigned, if so required by their employer, or shall take a leave of
absence from their work as such during the campaign period. Public
exhibitions No movie, cinematograph, or documentary portraying the life
or biography of a candidate shall be publicly exhibited in a theater, TV
station or any public forum during the campaign period. The same is true
for movies, cinematographs and documentaries portrayed by actors or
media personalities who are themselves candidates. Rallies, meetings and
other political activity Application for permits to hold rally (Sec. 87, B.P.
881) The holding of peaceful political rallies during the campaign period is
allowed. In order to hold rallies, political parties must follow the
requirements of local ordinances on the issuance of permits. All
applications for permits to hold meetings, rallies and other similar political
activities must be immediately posted in a conspicuous place in the city or
municipal building, and the receipt thereof acknowledged in writing. Such
applications must be acted upon in writing by local authorities concerned
80 within 3 days after the filing thereof. If the application is not acted upon
within said period, it is deemed approved.
paramount. (2)
The only justifiable ground for denial of the application for the permit is
that a prior written application by any candidate or political party for the
same purpose has been approved. Denial of any application for said permit
is appealable to the provincial election supervisor or to the COMELEC
whose decision shall be made within 48 hours and which shall be final and
executory. Notification of election registrar (Sec. 88, B.P. 881) The political
party or candidate must notify the election registrar of any rally. Within 7
working days, the political party or candidate must submit to the election
registrar the expenses incurred during the rally.
(3)
The COMELEC does not take over the operation of radio and television
stations, but only the allocation of airtime to the candidates, to ensure
equal opportunity, time and the right to reply, as mandated by the
Constitution. There are substantial distinctions in the characteristics of the
broadcast media from those of the print media which justify the different
treatment accorded to each for purposes of free speech, viz: the physical
limitations of the broadcast spectrum, the uniquely pervasive presence of
the broadcast media in the lives of all Filipinos, and the earlier ruling that
the freedom of TV and radio broadcasting is somewhat lesser than the
freedom accorded to the print media.
COMELEC poster area (Sec. 9, R.A. 9006) COMELEC space, poster area,
time and information bulletin COMELEC space The COMELEC shall
procure space in at least one newspaper of general circulation in every
province or city, or in the absence of such newspaper, in any other
magazine or periodical in said province or city, which shall be known as
“COMELEC Space.” COMELEC space shall be allocated to the COMELEC
upon payment of just compensation, and shall be utilized exclusively by
the COMELEC for public information dissemination on election-related
concerns. (Sec. 8, R.A. 9006) Phil. Press Institute v. COMELEC The
Supreme Court declared sec. 2 of COMELEC Resolution 2722 compelling
print media companies to donate “COMELEC Space” as null and void. Sec.
2 does not constitute a valid exercise of the power of eminent domain. The
element of necessity for the taking has not been shown by COMELEC.
There is no showing that the members of the Philippine Press Institute are
unwilling to sell print space. Furthermore, it has not been demonstrated
that the COMELEC has been granted the power of eminent domain by the
Constitution or the Legislature. In addition, sec. 2 does not constitute a
valid exercise of police power. First, there was no effort to show that police
power was constitutionally delegated to the COMELEC. Second, no
attempt was made to demonstrate that a real and palpable or urgent
necessity for the taking of print space confronted the COMELEC. Thus,
COMELEC cannot procure print space without paying just compensation
therefor. COMELEC time The COMELEC shall likewise air time in at least
1 major broadcasting station or entity in every province or city, or in the
absence of such entity, in any radio or TV station in said province or city,
28
which shall be known as "COMELEC time." Such COMELEC time shall be
allocated to the COMELEC free of charge, and shall be utilized exclusively
by the COMELEC for public information dissemination on election-related
concerns. (Sec. 8, R.A. 9006) Telecommunications and Broadcast Attorneys
of the Philippines v. COMELEC (289 SCRA 337) In this case, which
questioned the COMELEC's power under Sec. 92, BP 881 to require TV
stations to give air time for candidates free of charge, the Supreme Court
held that such power is valid and constitutional, being an exercise of the
plenary police power of the State to promote the general welfare. The
Court gave the following reasons: (1)
All broadcasting, whether by radio or TV, is licensed by the government,
and the franchise issued to a broadcast station is always subject to
amendment, alteration or repeal by Congress when the common good
requires. There is no better measure for the common good than one for free
airtime for the benefit not only of the candidates but even more of the
public, particularly the voters, so that they will be informed of the issues in
an election, for after all, it is the right of the viewers and listeners, not of
the broadcasters, that is

The COMELEC may authorize political parties and party-list groups to
erect common poster areas for their candidates in not more than 10 public
places such as plazas, markets, barangay centers and the like, wherein
candidates can post, display or exhibit propaganda. Such poster areas shall
not exceed 12 feet by 16 feet or its equivalent. For independent candidates
with no political parties, the size of the common poster area must not
exceed 4 feet by 6 feet or its equivalent. COMELEC information bulletin
(Sec. 93, B.P. 881) The COMELEC shall cause the printing and supervise
the dissemination of bulletins which shall contain the picture, bio-data and
program of government of every candidate. Any candidate can reprint
these bulletins, provided it is an exact replica and shall bear the candidate’s
name who caused the reprint and the printer’s name. COMELEC official
sample ballot (Sec. 185, B.P. 881, as amended by R.A. 7904) At least 30 days
before an election, the COMELEC shall furnish every registered voter with
an unfilled official sample ballot, voter information sheet, and a list of all
registered national, provincial and city candidates to be voted in the said
election. The information sheet shall include the voter's name, address, the
precinct and the place where he is registered, and simplified instructions as
to the casting of votes. The names of the candidates shall be listed in
alphabetical order under their respective party affiliation and a one-line
statement not to exceed 3 words of their occupation or profession. Persons
nominated under the party-list system shall likewise be included in the
above-mentioned list. Public forum (Sec. 9, R.A. 6646) The COMELEC shall
encourage non-political non-partisan private or civic organization to
initiate and hold in every city and municipality, public for a at which all
registered candidates for the same office may simultaneously and
personally participate to present, explain and/or debate on their campaign
platforms and programs and other like issues. The COMELEC shall
promulgate the rules and regulations for the holding of such to assure its
non-partisan character and equality of access thereto by all candidates.
Election surveys (Sec. 5, R.A. 9006) Election surveys, defined Election
surveys refer to the measurement of opinions and perceptions of the voters
as regards a candidate's popularity, qualifications, platforms or a matter of
public discussion in relation to the election,
81 including voters' preference for candidates or publicly discussed issues
during the campaign period. Information required to be published in the
survey During the election period, any person, natural as well as juridical,
candidate or organization who publishes a survey must likewise publish
the following information: • • •
•••
The name of the person, candidate, party or organization who
commissioned or paid for the survey; The name of the person, polling firm
or survey organization who conducted the survey; The period during
which the survey was conducted, the methodology used, including the
number of individual respondents and the areas from which they were
selected, and the specific questions asked; The margin of error of the
survey; For each question for which the margin of error is greater than that
reported above, the margin of error for that question; and A mailing
address and telephone number, indicating it as an address or telephone
number at which the sponsor can be contacted to obtain a written report
regarding the survey in accordance with Sec. 5.3 of R.A. 9006.
It must be noted that Sec. 5.4 which prohibits the publication of surveys 15
29
days (for national candidates) or 7 days (for local candidates) before an
election was declared unconstitutional by the Supreme Court upon a
petition filed by the Manila Standard and Social Weather Station, Inc.
(SWS) The decision, which was penned by Justice V.V. Mendoza, stated
that the provision "constitutes an unconstitutional abridgment of freedom
of speech, expression and the press… as it imposes prior restraint and
therefore, a direct and total suppression of a category of expression even
for a limited period." (Exact title of case and citation not available as of this
writing. See front page of Philippine Star, May 6, 2001, for details.) Exit
polls (Sec. 5.5, R.A. 9006) Exit polls may only be taken subject to the
following requirements: •
Pollsters shall not conduct their surveys within 50 meters from the polling
place, whether said survey is taken in a home, dwelling place and other
places;
•
Pollsters shall wear distinctive clothing;

•
Pollsters shall inform the voters that they may refuse to answer; and
• of or exploiting any natural resources of the nation; • Natural and juridical
The result of the exit polls may be announced after the closing of the polls
on election day, and must clearly identify the total number of respondents,
and the places where they were taken. Said announcement shall state that
the same is unofficial and does not represent a trend.
ABS-CBN v. COMELEC (January 28, 2000) In this case, the Supreme Court
held that exit polls are valid. They do not violate the principle of secrecy of
the ballot since such polls are purely voluntary on the part of the voter and
do not require him or her to reveal his or her ballot. ELECTION
CONTRIBUTIONS & EXPENDITURES Contributions Contributions
defined (Sec. 94a, B.P. 881) "Contribution” includes a gift, donation,
subscription, loan,
advance or deposit of money or anything of value, or a contract, promise
or agreement to contribute, whether or not legally enforceable, made for
the purpose of influencing the results of the elections but shall not include
services rendered without compensation by individuals volunteering a
portion or all of their time in behalf of a candidate or political party. It shall
also include the use of facilities voluntarily donated by other persons, the
money value of which can be assessed based on the rates prevailing in the
area. Prohibited contributions (Sec. 95, B.P. 881) No contribution for
purposes of partisan political activity shall be made directly or indirectly
by any of the following: • Public or private financial institutions. However,
they are not prohibited from making any loan to a candidate or political
party if: (a) the financial institutions are legally in the business of lending
money,
(b)
the loan is made in accordance with laws and regulations; AND,
(c)
the loan is made in the ordinary course of business.
• Natural and juridical persons operating a public utility or in possession
persons who hold contracts or sub-contracts to supply the government or
any of its divisions, subdivisions or instrumentalities, with goods or
services or to perform construction or other works; • Natural and juridical
persons who have been granted franchises, incentives, exemptions,
allocations or similar privileges or concessions by the government or any of
its divisions, subdivisions or instrumentalities, including GOCCs; •
Natural and juridical persons who, within 1 year prior to the date of the
election, have been granted loans or other accommodations in excess of
P100,000 by the government or any of its divisions, subdivisions or
instrumentalities including GOCCs; • Educational institutions which have
received grants of public funds amounting to no less than P100,000.00; •
Officials or employees in the Civil Service, or members of the Armed
Forces of the Philippines;
30
• Foreigners
and foreign corporations, governments. (Sec. 96, BP 881)
including
foreign
It is unlawful for any person to solicit or receive any contribution from any
of the persons or entities enumerated. Prohibited raising of funds It is
unlawful for any person to hold the following for the purpose of raising
funds for an election campaign or for the support of any candidate from
the commencement of the election period up to and including election day:
••••••••
dances, lotteries, cockfights, games, boxing bouts, bingo, beauty contests,
entertainments, or cinematographic, theatrical or
82 other performances It is unlawful for any person or organization,
whether civic or religious, directly or indirectly, to solicit and/or accept
from any candidate for public office, or from his campaign manager, agent
or representative, or any person acting in their behalf, any gift, food,
transportation, contribution or donation in cash or in kind from the
commencement of the election period up to and including election day.
(i)
For employment of counsel, the cost of which shall not be taken into
account in determining the amount of expenditures which a candidate or
political party may have incurred;
(j)
For copying and classifying list of voters, investigating and challenging the
right to vote of persons registered in the list; such costs shall not be taken
into account in determining the amount of expenses which a candidate or
political party may have incurred;
Note, however, that normal and customary religious stipends, tithes, or
collections on Sundays and/or other designated collection days, are
excluded from this prohibition.
(k)
For printing sample ballots in such color, size and maximum number as
may be authorized by the COMELEC, such costs not to be taken into
account in determining the amount of expenses which a candidate or
political party may have incurred;
Expenditures Expenditures defined
Persons authorized to incur expenditures (Sec. 94b, BP 881) “Expenditure"
includes the payment or delivery of money of anything of value, or a
contract, promise or agreement to make an expenditure, for the purpose of
influencing the results of the election. It shall also include the use of
facilities personally owned by the candidate, the money value of the use of
which can be assessed based on the rates prevailing in the area.
(Sec. 103, B.P. 881) Only the following persons are permitted by law to
make any expenditure in support of or in opposition to any candidate or
political party: • • •
Limitations on expenditures
Expenditures duly authorized by the candidate or the treasurer of the
political party shall be considered as expenditures of such candidate or
political party. The authority to incur expenditures must:
(Sec. 13, R.A. 7166) The aggregate amount that a candidate or registered
political party may spend for an election campaign shall be as follows: For
Candidates
•••
President and Vice-President: P 10 for every voter currently registered
31
Other Candidates: P 3 for every voter current registered in the constituency
where he filed his certificate of candidacy Candidates Without a Political
Party: voter
P 5 for every
For Political Parties P 5 for every voter currently registered in the
constituency or constituencies where it has official candidates Lawful
expenditures (Sec. 102, B.P. 881) No candidate or treasurer of a political
party shall, directly or indirectly, make any expenditure except for the
following purposes:
(a) For
The candidate; The treasurer of a political party; Any person authorized by
such candidate or treasurer.
traveling expenses of the candidates and campaign personnel in the course
of the campaign and for personal expenses incident thereto; (b) For
compensation of campaigners, clerks, stenographers, messengers, and
other persons actually employed in the campaign; (c) For telegraph and
telephone tolls, postage, freight and express delivery charges; (d) For
stationery, printing and distribution of printed matters relative to
candidacy; (e) For employment of watchers at the polls; (f) For rent,
maintenance and furnishing of campaign headquarters, office or place of
meetings; (g) For political meetings and rallies and the use of sound
systems, lights and decorations during said meetings and rallies; (h) For
newspaper, radio, TV and other public advertisements;
(1) (2) (3) (4) (5)
be in writing; be signed by the candidate or the treasurer of the party; show
the expenditures so authorized; state the full name and exact address of the
person so designated; and be furnished the COMELEC. Prohibited
donations
(Sec. 104, B.P. 881) No candidate, his or her spouse or any relative within
the second civil degree of consanguinity or affinity, or his campaign
manager, agent or representative shall during the campaign period, on the
day before and on the day of the election, directly or indirectly, make any
donation, contribution or gift in cash or in kind, or undertake or contribute
to the construction or repair of roads, bridges, school buses, puericulture
centers, medical clinics and hospitals, churches or chapels cement
pavements, or any structure for public use or for the use of any religious or
civic organization. The same prohibition applies representatives of any
political party.
to
treasurers,
agents
or
Normal and customary religious dues or contributions, such as religious
stipends, tithes or collections on Sundays or other designated collection
days, as well as periodic payments for legitimate scholarships established
and school contributions habitually made before the prohibited period, are
excluded from the prohibition. Duties of candidates and political parties
Accounting of contributions and expenditures (Sec. 105, B.P. 881) Every
person receiving contributions or incurring expenditures by authority of
the candidate or treasurer of the party shall, on demand by the candidate
or treasurer of the party, render to the candidate or treasurer concerned a
detailed account thereof with proper vouchers or official receipts. Such
accounting must be given within 5 days after receiving such contribution
or incurring such expenditure. Keeping of detailed records of contributions
and expenditures
83 Keeping of records Every candidate and treasurer of the party shall
keep detailed, full, and accurate records of all contributions received and
expenditures incurred by him and by those acting under his authority,
setting forth therein all information required to be reported. (Sec. 106b, B.P.
881) Issuance of receipt Every candidate, treasurer of the political party,
and person acting under the authority of such candidate or treasurer has
the duty to: (1) (2)
32
issue a receipt for every contribution received; and keep a receipt stating
the particulars of every expenditure made.
Preservation of records Records of contributions and expenditures must be
preserved for at least 3 years after the holding of the election to which they
pertain, for their production for inspection by the COMELEC or its duly
authorized representative, or upon presentation of a subpoena duces
tecum duly issued by the COMELEC. Failure of the candidate or treasurer
to preserve such records or documents shall be deemed prima facie
evidence of violation of this provision of law. (Sec. 106c, B.P. 881) Filing of
Statement of Contributions and Expenditures Duty to file Within 30 days
after election day, the candidate and the treasurer of the political party
must file with the COMELEC duplicate copies of the full, true and itemized
statement of all contributions and expenditures in connection with the
election. (Sec. 14, R.A. 7166) This requirement to file the statement covers
even those who withdrew as candidates after having filed their certificates,
because Sec. 14 of R.A. 7166 does not make any distinction. (Pilar v.
COMELEC, 245 SCRA 759) Duty of election registrar to advise candidates
of their duty It is the duty of the city or municipal election registrar to
advise in writing, either by personal delivery or by registered mail, within
5 days from the election date, all candidates to comply with the obligation
to file their statements. (Sec. 14, R.A. 7166) Form and contents of statement
The statement shall be in writing, subscribed and sworn to by the
candidate or by the treasurer of the party, shall be complete as of the date
next preceding the date of filing, and shall set forth in detail the following:
(a) (b) (c) (d)
the amount of contribution, date of receipt, and the full name and exact
address of the person from whom the contribution was received; the
amount of every expenditure, the date thereof, the full name and exact
address of the person to whom payment was made, and the purpose of the
expenditure; any unpaid obligation, its nature and amount, and to whom
said obligation is owing; and such other particulars which the COMELEC
may require.
If the candidate or treasurer of the party has received no contribution,
made no expenditure, or has no pending obligation, the statement shall
reflect such fact. (Sec. 109, B.P. 881) Effect of Failure to File No person
elected to any public office shall enter upon the duties of his office until he
has filed the statement of contributions and expenditures. (Sec. 14, R.A.
7166) The same prohibition also applies if the political party of the winning
candidate fails to file the statement within the required period
Failure to file the required statements or reports constitutes an
administrative offense. Offenders are liable to pay an administrative fine
ranging from P 1,000.00 to P 30,000.00. Such fine shall be paid within 30
days from receipt of notice of such failure; otherwise, the COMELEC shall
enforce the same by issuing a writ of execution against the properties of the
offender. The commission of a second or subsequent offense under this
section subjects the offender to an increased fine ranging from P 2,000.00 to
P 60,000.00, and to a perpetual disqualification to hold office. (Sec. 14, R.A.
7166) Except: Candidates for elective barangay office Pilar vs. COMELEC
(245 SCRA 759) The Supreme Court said that the requirement to file the
statement covers even those who WITHDREW as candidates after having
filed their certificates because sec 14, RA 7166 does not make any
distinction. Duties of contractors, suppliers and business firms Persons or
firms to whom any electoral expenditure is made have the duty to: (a)
Require every agent of a candidate or of the treasurer of a political party to
present written authority to incur electoral expenditures in behalf of such
candidate or treasurer.
(b) Keep and preserve at its place of business for a period of 3 years after
the date of the election copies of such written authority, contracts,
vouchers, invoices and other records and documents relative to said
expenditures, subject to inspection by the COMELEC or its authorized
representative.
(c)
File with the COMELEC a report setting forth the full names and exact
addresses of the candidates, treasurers of political parties and other
persons incurring such expenditures, the nature or purpose of each
expenditure, the date and costs thereof, and such other particulars as the
COMELEC may require within 30 days after the day of the election. The
33
report shall be signed and sworn to by the supplier or contractor, or by the
president or general manager in case of a business firm. (Sec. 112, B.P. 881)
Repeal of Sec. 105-112 of B.P. 881 as election offenses Prior to R.A. 7166,
failure to comply with the duties imposed by Sec. 105-112 of B.P. 881
constituted election offenses that were punishable under Art. 262 of B.P.
881. However, Sec. 39 of R.A. 7166 repealed the inclusion of said provisions
as election offenses, with such repeal to have retroactive effect. THE
ELECTION PROPER IN GENERAL What constitutes an election An
election is constituted when there is a plurality of votes sufficient for a
choice conditioned on the plurality of valid votes or a valid constituency
regardless of the actually number of votes cast. Otherwise, there would be
no winner. It is not necessary that a majority of voters should have elected
the winning candidate. Even if a candidate wins due to a minority vote, if
the election is lawfully held, a plurality of the majority is sufficient. Those
who did not vote are assumed to assent to the action of those who voted.
Failure of elections
84 Grounds for declaration of failure of elections

However, in case of such vacancy in the Senate, the special election shall be
held simultaneously with the succeeding regular election.
In the case of Joseph Peter Sison v. COMELEC (G.R. No. 134096, March 3,
1999), the Supreme Court said that there are only 3 instances where a
failure of elections may be declared, namely:
CASTING OF VOTES Secrecy of the Ballot
(1) The election in any polling place has not been held on the date fixed on
account of force majeure, violence, terrorism, fraud, or other analogous
causes;
(2) The
election in any polling place had been suspended before the hour fixed by
law for the closing of the voting on account of force majeure, violence,
terrorism, fraud, or other analogous causes; and
(3) After the voting and during the preparation and transmission of the
election returns or in the custody or canvass thereof such election results in
a failure to elect on account of force majeure, violence, terrorism, fraud or
other analogous causes. The causes for the declaration of a failure of
election may occur before or after the casting of votes or on the day of the
election. (Sec. 4, R.A. 7166)
The distinguishing feature of this mode of voting, is that every voter is thus
enabled to secure and preserve the most complete and violable secrecy in
regard to the person for whom he votes, and thus escapes the influences
which, under the system of oral suffrages, may be brought to bear upon
him with a view to overbear and intimidate, and thus prevent the real
expression of public sentiment. A legal voter will not be compelled to
disclose for whom he voted. Moreover, third persons are not permitted to
testify to its purport. The voter may, however, if he chooses, waive his
privilege of secrecy and voluntarily disclose the contents of his ballot.
Thus, it was held in the case of ABS-CBN v. COMELEC (January 28, 2000)
that exit polls are valid since they are voluntary and do not require a voter
to reveal the contents of his or her ballot if he or she does not want to.
Method of voting Voter must vote in person.
How declared The declaration of a failure of election is decided by the
COMELEC en banc by a majority vote of its members. (Sec. 4, R.A. 7166)
Procedure for declaration of failure of elections shall be discussed in the
last part of this reviewer. Holding or continuation of election The
COMELEC shall call for the holding or continuation of the election on a
date reasonably close to the date of the election not held, suspended, or
which resulted in a failure to elect but not later than 30 days after the
cessation of the cause of such suspension or failure to elect. (Sec. 6, B.P.
881) Postponement of elections Grounds for postponement of elections An
election may be postponed by the COMELEC either motu proprio or upon
a verified petition by any interested party when there is violence,
terrorism, loss or destruction of election paraphernalia or records, force
majeure, or other analogous cause of such a nature that the holding of a
free, orderly and honest election becomes impossible in any political
subdivision. (Sec. 5, B.P. 881) How declared The declaration of a
postponement of election is decided by the COMELEC en banc by a
34
majority vote of its members. (Sec. 4, R.A. 7166) Holding of election The
COMELEC shall call for the holding of the election on a date reasonably
close to the date of the election not held, suspended, or which resulted in a
failure to elect but not later than 30 days after the cessation of the cause for
such postponement or suspension of the election or failure to elect. (Sec. 5,
B.P. 881) Special election (Sec. 4, R.A. 7166) In case a permanent vacancy
occurs in the Senate or House of Representatives at least 1 year before the
expiration of the term, the COMELEC shall call and hold a special election
to fill the vacancy not earlier than 60 days nor longer than 90 days after the
occurrence of the vacancy.
The voter must personally deposit his ballot. By the principle that what is
done in one’s presence and by his express direction is, in law, his act, an
infirm or aged voter may undoubtedly employ another to perform the
mechanical act of depositing in the voter’s presence the ballot which the
latter has himself selected. Voter must vote but once. Each voter shall vote
but once, at any election, for each office or measure to be voted for. Voter
need not vote the whole ticket. It is entirely optional with the voter
whether he will vote at all or not, and he may vote for such offices as he
chooses and for such of the several persons to be chosen to the same office
as he prefers.
Absentee Voting Under RA 7166, absentee voting as provided for in EO
157 shall apply to the elections for President, Vice-President, and Senators
ONLY and shall be limited to: • • •
members of the AFP members of the PNP other government officers and
employees
who are duly registered voters and who, on election day, may temporarily
be assigned in connection with the performance of their election duties to
places where they are not registered voters. Block Voting There is no
longer block voting under current Philippine Election Laws, having been
expressly prohibited by Art. IX-C, Sec. 7 of the 1987 Constitution.
However, it must be noted that under the party-list system, votes may be
counted in favor of political parties, organizations or coalitions rendered
under said system. This, in a way, may be construed as the exception to the
prohibition on block voting. Voting Hours GENERAL RULE: The casting
of votes shall be at 7 a.m. and shall end at 3 p.m.
85 EXCEPTION: When there are voters present within 30 meters in front of
the polling place who have not yet cast their votes, in which case the voting
shall continue but only to allow said voters to cast their votes without
interruption. The poll clerk shall prepare a complete list containing the
names of said voters consecutively numbered, and the voters so listed shall
be called to vote by announcing each name repeatedly three times in the
order in which they are listed. Any voter in the list who is not present
when his name is called out shall not be permitted to vote. Board of
Election Inspectors At least 30 days before the date when the voters list is
to be prepared, in the case of a regular election or 15 days before a special
election, the COMELEC shall, directly or through its duly authorized
representatives, constitute a board of election inspectors for each precinct.
the municipality BY unanimous vote of the board and concurred in by the
majority of the watchers present IF there is imminent danger of violence,
terrorism, disorder or similar causes. The BEI shall act through its
Chariman, and shall decide without delay by majority vote all questions
which may arise in the performance of its duties. Prohibitions on the Board
of Election Inspectors No member of the Board shall, before the
termination of the voting, make any announcement as to whether a certain
registered voter has already voted or not, as to how many have already
voted or how many so far have failed to vote, or any other fact tending to
show or showing the state of the polls, nor shall he make any statement at
any time as to how any person voted, except as witness before a court. (Sec.
205, BP 881) Watchers
Composition The Board of Election Inspectors is composed of three (3)
persons, namely: • • •
chairman poll clerk member
The entire Board shall be composed of public school teachers, priority to be
given to those with permanent appointments. (Sec. 164, BP 881, as
amended by Sec. 13, R.A. 6646) However, in case there are not enough
public school teachers, the following may be appointed for election duty: •
••
35
teachers in private schools; employees in the civil service; or other citizens
of known probity and competence who are registered voters of the city or
municipality
Qualifications 1) public school teachers 2) be of good moral character and
irreproachable reputation 3) a registered voter of the City or municipality
4) never been convicted of any election offense or any other crime
punishable by more than 6 months imprisonment 5) able to speak and
write English or the local dialect Disqualifications
1) 2)
must not be related within the 4th civil degree by consanguinity or affinity
to any member of the BEI or to any candidate to be voted for in the polling
places must not engage in any partisan political activity
Each candidate and each political party or coalition of political parties duly
registered with the Commission including those participating under the
party list system of representation, may appoint two watchers, to serve
alternately, in every polling place. However, candidates for Sangguniang
Panlalawigan, Sangguniang Lunsod and Sangguniang Bayan, belonging to
the same ticket or slate shall collectively entitled to 1 watcher. Duly
accredited citizens’ arms of the Commission, shall be entitled to appoint a
watcher in every polling place. Other civic, religious, professional,
business, service, youth, and other similar organization, with prior
authority from the Commission, shall be entitled collectively, to appoint 1
watcher in polling place. Qualifications: 1) Qualified voter of the city or
municipality 2) Good reputation 3) Never been convicted of any election
offence or any crime 4) Knows how to read and write English, Pilipino or
any of the prevailing local dialects
5)
Not related within the 4th civil degree by consanguinity or affinity to any
member of the BEI in the polling place where he seeks appointment as
watcher.
Rights and duties: 1) Stay in the space reserved for then inside the polling
place 2) Witness and inform themselves of the proceedings of the BEI 3)
Take notes, photographs of proceedings 4) File protests against any
irregularities or violation of law
5)
Be furnished with a certificate of the number of votes cat for each
candidate, duly signed and thumb marked by the members of the BEI.
Powers of the Board of Election Inspectors (Sec. 168, BP 881)
CASTING OF VOTES
The board of election inspectors shall have the following powers and
functions:
Authentication of the ballot
•
Conduct the voting and counting of votes in their respective polling places;
In every case, before delivering an official ballot to the voter, the chairman
of the Board of Election Inspectors shall affix his signature at the back of
the ballot in the presence of the voter.
•
Act as deputies of the Commission in the supervision and control of the
election in the polling places wherein they are assigned, to assure the
holding of the same in a free, orderly and honest manner;
Failure to authenticate shall be noted in the minutes of the Board of
Election Inspectors and shall constitute an election offense. (Sec. 24, R.A.
7166)
•
36
Perform such other functions prescribed by the Omnibus Election Code or
by the rules and regulations promulgated by the COMELEC
Proceedings
There is nothing in the law that provides that a ballot which has not been
authenticated shall be deemed spurious. The law merely makes the
Chairman of the Board of Election Inspectors accountable for such an
omission. (Libanan v. HRET, G.R. No. 129783, December 22, 1997) Thus, it
was held in Punzalan v. COMELEC (289 SCRA 702) that the ballot is valid
even if it is not signed at the back by the BEI Chairman.
Shall be public and held only in the polling places. Exception: the counting
of the votes and the preparation of the return may be done in the nearest
safe baranggay or school building within
Preparing the ballot and voting (1)
The voter, upon receiving his folded ballot, shall
86 forthwith proceed to one of the empty voting booths and shall there fill
his ballot by writing in the proper space for each office the name of the
individual candidate for whom he desires to vote. No voter shall be
allowed:
• Preparation of Ballots for Illiterates and Disabled Persons (Sec. 196, B.P.
••
to enter a booth occupied by another, nor enter the same accompanied by
somebody, except as provided for in the succeeding section hereof;
••
The spoiled ballot shall, without being unfolded and without removing the
detachable coupon, be distinctly marked with the word "spoiled" and
signed by the board of election inspectors on the endorsement fold thereof
and immediately placed in the compartment for spoiled ballots.
to stay therein for a longer time than necessary
(2) After the voter has filled his ballot he shall fold it in the same manner as
when he received it and return it to the chairman.
to speak with anyone other than as herein provided while inside the
polling place.
(3) In the presence of all the members of the board of election inspectors, he
shall affix his thumbmark on the corresponding space in the coupon, and
deliver the folded ballot to the chairman.
It shall be unlawful:
••••
No voter shall change his ballot more than once. (Sec. 14, R.A. 8436)
to prepare the ballot outside the voting booth; to exhibit its contents to any
person to erase any printing from the ballot to intentionally tear or deface
the same or put thereon any distinguishing mark; to use carbon paper,
paraffin paper, or other means for making a copy of the contents of the
ballot; to make use of any other means to identify the vote of the voter.
881) No voter shall be allowed to vote as an illiterate or as a physically
disabled unless it is so indicated in his registration record. A voter who is
illiterate or physically unable to prepare the ballot by himself may be
assisted in the preparation of his ballot by the following: (a)
a relative by affinity or consanguinity within the fourth civil degree, or
(b)
if (a) is not available, then any person of his confidence who belongs to the
same household; or
37
(c)
any member of the board of election inspectors.
In no case shall an assistor assist more than 3 times. The person assisting
shall: •
prepare the ballot for the illiterate or disabled voter inside the voting
booth;
•
bind himself in a formal document under oath to fill out the ballot strictly
in accordance with the instructions of the voter and not to reveal the
contents of the ballot prepared by him. A violation of these 2 duties shall
constitute an election offense. Spoiled Ballots If a voter should accidentally
spoil or deface a ballot in such a way that it cannot lawfully be used, he
shall surrender it folded to the chairman who shall note in the
corresponding space in the voting record that said ballot is spoiled. The
voter shall then be entitled to another ballot which the chairman shall give
him after announcing the serial number of the second ballot and recording
the serial number in the corresponding spaces in the voting record.
(4) The chairman, in the presence and view of the voter and all the
members of the board of election inspectors, without unfolding the ballot
or seeing its contents, shall verify its number from the voting record where
it was previously entered. Any ballot whose number does not coincide
with the number of the ballot delivered to the voter, as entered in the
voting record, shall be considered as spoiled and shall be so marked and
signed by the members of the board of election inspectors. (5) The voter
shall affix his thumbmark by the side of his signature in the space intended
for that purpose in the voting record and the chairman shall apply silver
nitrate and commassie blue on the right forefinger nail or on any other
available finger nail, if there be no forefinger nail. (6) The chairman shall
sign in the proper space beside the thumbmark of the voter. Note that the
absence of the signature of the chairman in the ballot given to a voter as
proof of the authenticity of the ballot, is fatal. (7) The chairman, after
finding everything to be in order, shall then detach the coupon in the
presence of the board of election inspectors and of the voter and shall
deposit the folded ballot in the compartment for valid ballots, and the
detached coupon in the compartment for spoiled ballots. Any ballot
returned to the chairman whose detachable coupon has been removed not
in the presence of the board of election inspectors and of the voter, shall be
considered as spoiled and shall be so marked and signed by the members
of the board of election inspectors. (8) The voter shall then depart.
Challenge of Illegal Voters (Sec. 199, B.P. 881) Any voter or watcher may
challenge any person offering to vote for not being registered, for using the
name of another or suffering from existing disqualification. In such case,
the board of election inspectors shall satisfy itself as to whether or not the
ground for the challenge is true by requiring proof of registration or the
identity of the voter. No voter shall be required to present his voter's
affidavit on election day unless his identity is challenged. His failure or
inability to produce his voter's affidavit upon being challenged, shall not
preclude him from voting if his identity be shown from the photograph,
fingerprints, or specimen signatures in his approved application in the
book of voters or if he is identified under oath by a member of the board of
election inspectors and such identification shall be reflected in the minutes
of the board. Challenge Based on Certain Illegal Acts (Sec. 200, B.P. 881)
87 •
Any voter or watcher may challenge any voter offering to vote on any of
the following grounds: •
that the challenged person has received or expects to receive, has paid,
offered or promised to pay, has contributed, offered or promised to
contribute money or anything of value as consideration for his vote or for
the vote of another;
•
that he has made or received a promise to influence the giving or
withholding of any such vote; or
•
38
that he has made a bet or is interested directly or indirectly in a bet which
depends upon the result of the election.
The challenged person shall take a prescribed oath before the board of
election inspectors that he has not committed any of the acts alleged in the
challenge. Upon the taking of such oath, the challenge shall be dismissed
and the challenged voter shall be allowed to vote, but in case of his refusal
to take such oath, the challenge shall be sustained and he shall not be
allowed to vote.
Copies of this statement after being duly accomplished shall be sealed in
separate envelopes and shall be distributed as follows: • •
•
Records or Statements to be Prepared and Kept Record of Challenges and
Oaths The poll clerk shall keep a prescribed record of challenges and oaths
taken in connection therewith and the resolution of the board of election
inspectors in each case and, upon the termination of the voting, shall
certify that it contains all the challenges made. The original of this record
shall be attached to the original copy of the minutes of the voting as
provided in the succeeding section. (Sec. 202, B.P. 881) Minutes of Voting
and Counting of Votes The board of election inspectors shall prepare and
sign a statement in four copies setting forth the following: • • • • • • • • •
•••••••
time the voting commenced and ended; serial numbers of the official
ballots and election returns, special envelopes and seals received; number
of official ballots used and the number left unused; number of voters who
cast their votes; number of voters challenged during the voting; names of
the watchers present; time the counting of votes commenced and ended;
number of official ballots found inside the compartment for valid ballots;
number of valid ballots retrieved from the compartment for spoiled ballots,
if any; number of ballots found folded together, if any; number of spoiled
ballots withdrawn from the compartment for valid ballots; number of
excess ballots; number of marked ballots; number of ballots read and
counted; time the election returns were signed and sealed in their
respective special envelopes; number and nature of protests made by
watchers;
the original to the city or municipal election registrar; the second copy to
be deposited inside the compartment for valid ballots of the ballot box; the
third and fourth copies to the representatives of the accredited political
parties. (Sec. 203, B.P. 881)
List of Unused Ballots The chairman of the board of election inspectors
shall prepare a list showing the number of unused ballots together with the
serial numbers. This list shall be signed by all the members of the board of
election inspectors, after which all the unused ballots shall be torn halfway
in the presence of the members of the board of election inspectors. (Sec.
204, B.P. 881) COUNTING OF VOTES
Non-conclusiveness of admission of challenged vote (Sec. 201, B.P. 881) It
must be noted that the admission of the challenged vote shall not be
conclusive upon any court as to the legality of the registration of the voter
challenged or his vote in a criminal action against such person for illegal
registration or voting.
such other matters that the Commission may require.
The counting of votes is conducted by the Board of Election Inspectors,
which shall not adjourn or postpone or delay the count until it has been
fully completed, unless otherwise ordered by the COMELEC. Counting
proper Counting to be Public and Without Interruption As soon as the
voting is finished, the board of election inspectors shall publicly count in
the polling place the votes cast and ascertain the results. The Board shall
not adjourn or postpone or delay the count until it has been fully
completed, unless otherwise ordered by the COMELEC. Venue for
counting of votes The COMELEC in the interest of free, orderly, and honest
elections, may order the board of election inspectors to count the votes and
to accomplish the election returns and other forms prescribed under the
Omnibus Election Code in any other place within a public building in the
same municipality or city. The public building shall not be located within
the perimeter of or inside a military or police camp or reservation nor
inside a prison compound. If it becomes necessary to transfer the counting
39
of votes to a safer place on account of imminent danger of violence,
terrorism, disorder or similar causes, the Board of Election Inspectors may
effect such transfer by unanimous approval by the Board and concurrence
by the majority of the watchers present. (Sec. 18, R.A. 6646) Manner of
Counting Votes 1.
The board of election inspectors shall unfold the ballots and form separate
piles of one hundred ballots each, which shall be held together with rubber
bands, with cardboard of the size of the ballots to serve as folders.
2.
The chairman of the board of election inspectors shall take the ballots of the
first pile one by one and read the names of candidates voted for and the
offices for which they were voted in the order in which they appear
thereon, assuming such a position as to enable all of the watchers to read
such names.
3.
The chairman shall sign and affix his right hand thumbmark at the back of
the ballot immediately after it is counted.
4.
The poll clerk, and the third member, respectively, shall record on the
election returns and the tally board or sheet each vote as the names voted
for each office are
88 read. (The election returns are mandated by law to be prepared
simultaneously with the counting of the votes.)
of evidence aliunde clearly showing the intention or plan was for purposes
of identification, signs on ballots are presumed accidental.
After finishing the first pile of ballots, the board of election inspectors shall
determine the total number of votes recorded for each candidate, the sum
being noted on the tally board or sheet and on the election returns. In case
of discrepancy such recount as may be necessary shall be made. The ballots
shall then be grouped together again as before the reading. Thereafter, the
same procedure shall be followed with the second pile of ballots and so on
successively.
A majority vote of the board of election inspectors shall be sufficient to
determine whether a ballot is marked or not.
6.
After all the ballots have been read, the board of election inspectors shall
sum up the totals recorded for each candidate, and the aggregate sum shall
be recorded both on the tally board or sheet and on the election returns.
Non-official ballots which the board of election inspectors may find,
EXCEPT those which have been used as emergency ballots, are considered
as marked ballots. Other examples of marked ballots include the following:
7.
It shall then place the counted ballots in an envelope provided for the
purpose, which shall be closed signed and deposited in the compartment
for valid ballots.
8.
The tally board or sheet as accomplished and certified by the board of
election inspectors shall not be changed or destroyed but shall be kept in
the compartment for valid ballots.
5.
All marked ballots shall be placed in an envelope labeled "marked ballots"
which shall be sealed and signed by the members of the board of election
inspectors and placed in the compartment for valid ballots and shall not be
counted. Instances of Marked Ballots
•
40
Where 170 ballots were voted for in the same manner and there is evidence
aliunde to prove that such manner of voting was planned.
•
Where the name of 1 candidate is clearly and markedly indented to the
right to make the ballot easily distinguishable.
•
Use of two or more kinds of writing deliberately put by the voter to serve
as identification marks.
•
Writing the name of a person who is not a candidate 3 times on 3 spaces
provided for in different offices.
• Purpose of Disallowing Marked Ballots

Expressions opposite the space for candidates written for the purpose of
identification.
•
The inclusion of the names of 2 well-known movie stars who were not
candidates.
• distinguishing marks required of them to place on their ballots. This
Writing the name of a registered voter who is not a candidate.
•
Writing impertinent, irrelevant and unnecessary expression
Some unscrupulous persons taking advantage of their influence or political
prestige may require voters to place a distinguishing “mark” on their
ballot, in consideration of some promise, reward or other valuable
consideration and to which the voters would have no escape because of the
threatens the independence of the voters in the exercise of their right to
vote. Hence, the prohibition on marked ballots.

• •

The placing, without explanation of initials, after the corrected names of Placing the fingerprint of the voter without reason.
candidates for mayor and vice-mayor.
•
41
•
The presence of an arrow together with the words “and party”.
Placing a big letter “X” immediately after the name of a candidate for
councilor. Effect of Marked Ballots

Marked ballots defined •

• Writing the word “sorry” after the name of a candidate as an expression of

regret for committing a mistake.
The capital letter “N” opposite the printed words for senators.
•
Marked ballots are ballots containing a distinguishing mark which would
tend to identify the voter who cast such ballot. Canceling names and re-writing them to conform with a sample ballot.

• •

Writing the word “sinador” in a place far and separate from the proper Misspelling the name of a candidate.
spaces for candidates.
•

Illegible writings, being imprints of other names written on the ballot
caused by the folding of the same.
• •
Writing crosses and circles signifying the desistance of the voter to write
any other name.
•
Writing a word before the name of a candidate as an appellation of
affection or friendship.
Duties of the Board of Election Inspectors in Counting the Votes The
board’s duties are confined to the conduct of the elections and the counting
of votes. The board of election inspectors does not decide the eligibility of
candidates, and therefore has no authority to ignore the votes for a
candidate who has filled out his certificate of candidacy in the proper form.
Counting should be liberal to effectuate the will of the electorate. Voters
should not be disenfranchised for technical causes. It is the duty of the
board of election inspectors to issue a certificate of the number of the votes
received by a candidate upon request of the watchers. All the members of
the board of election inspectors shall sign the certificate. Marked Ballots
Marked ballots are invalidated in their entirety, and none of the votes
therein are counted.
Instances when Ballot is not Considered Marked The following ballots
have been considered NOT marked:
Determination of Marked Ballots In discounting marked ballots, great care
should be used in rejecting them. Election laws are designed to effectuate
the will of the electorate. Only in an unmistakable case where the ballot
appeared to be marked, should it be rejected. The determinative factor in
the nullification of ballots for being marked as following a design or
pattern, is the existence of evidence aliunde tending to show the intention
or purpose in the use of the contested manner or means of voting, which is
to identify the ballots. In the absence
89 Vote for a candidate who disqualified by final judgment
Affixing the nickname of a candidate.
•
Innocent erasures in the spaces for the candidates.
•
Corrected name written over the canceled one on the space for councilor
although he is a candidate for mayor.
• 42
Mistakes in writing names of local candidates in spaces for senators and
writing again the names of his candidates for councilors in the proper
spaces.
•
Unintentional, accidental, unintelligible marks or words.
•
Accidental placing of a stain.
•
Voting names of non-candidates in the absence of evidence that these
names were used as identifying marks. Appreciation of Ballots
Guiding Principles in the Appreciation of Ballots DOUBTS are to be
resolved in FAVOR of the validity of ballots. The purpose is of election
laws is to give effect and not to frustrate the WILL of the voter. LIBERAL
CONSTRUCTION in reading the ballots, and intendments should be in
favor of a reading which render the ballot EFFECTIVE rather than in favor
of a conclusion which on some technical grounds would render it
ineffective. Minor blemishes should not affect the validity of the ballot
where the intention of the voter to vote for certain persons is discernible in
the ballot. Errors in spelling, honest mistakes due to ignorance or illiteracy
should not defeat the intention of the voter. However, if the ballot is so
defective as to fail to show any intention, it must be disregarded. Sanchez
vs. COMELEC ( 153 SCRA 67) Appreciation of ballots is a function of the
BEI, not the Board of Canvassers. Bautista vs. Castro ( 206 SCRA 305) In
appreciating a ballot, the object should be to ascertain and carry into effect
the intention of the voter if it can be determined with reasonable certainty.
has
been
Only candidates’ FIRST NAME or SURNAME is written, and there is NO
other candidate with the same first name or surname for the same office
Vote for the candidate is valid
Only candidates’ FIRST NAME is written which when read has a SOUND
SIMILAR to the SURNAME of another candidate
Vote counted in favor of the candidate with such SURNAME
If there are 2 or more candidates with the SAME FULL NAME, FIRST
NAME or SURNAME, and one of them is the INCUMBENT, and on the
ballot is written ONLY such full name, first name or surname
Vote counted INCUMBENT
Woman candidate uses her MAIDEN NAME or MARRIED NAME or
BOTH, and there is another candidate with the SAME SURNAME
A ballot bearing only such surname shall be counted in favor of the
candidate who is an INCUMBENT.
2 or more words are written on the SAME LINE on the ballot, and ALL of
which are the SURNAMES of 2 or MORE CANDIDATES
Vote shall NOT be counted for any of them UNLESS one is the surname of
the incumbent who has served for at least 1 year – counted for the
INCUMBENT
2 or more words are written on DIFFERENT LINES on the ballot, ALL of
which are the SURNAMES of 2 MORE CANDIDATES bearing the same
surname for an OFFICE of r which the law authorizes the election of
MORE THAN ONE and there are the SAME NUMBER of such
SURNAMES written as there are candidates with that surname
Vote counted in favor of ALL CANDIDATES bearing the surname
1 word is written on the ballot which is the FIRST NAME of a candidate
and which is also the SURNAME of his opponent
43
Vote counted for the OPPONENT (SURNAME)
2 words written on the ballot, 1 of which is the FIRST NAME of the
candidate and the other is the SURNAME of his opponent
Vote shall NOT be counted for either
Name or surname INCORRECTLY WRITTEN which when READ has a
SOUND SIMILAR to the name or surname of a candidate when correctly
written (Idem sonans rule)
Vote counted in favor of such a candidate
Rules for Appreciation of Ballots (Sec. 211, BP 881)
HOW COUNTED
Ballots containing the name of a candidate affixed thereto through any
MECHANICAL process
Totally VOID
Ballot clearly appears to have been FILLED by 2 DIFFERENT PERSONS
before deposited in ballot box
Totally VOID
Ballot written with CRAYON, LEAD PENCIL or INK, wholly or in part
Valid
INITIALS only or ILLEGIBLE or does NOT sufficiently identify the
candidate for whom it is intended
Considered as a STRAY vote BUT shall NOT invalidate the whole ballot
Vote for a person who has not filed a certificate of candidacy or in favor of
a candidate for an office for which he did not present himself
Considered as a STRAY vote BUT shall NOT invalidate the whole ballot
for
the
Vote shall be counted for the candidate for the office for which he is
running for.
Every ballot shall be PRESUMED VALID UNLESS there is clear and good
reason to reject it. BALLOT
Considered as a STRAY vote but shall not invalidate the whole ballot
Name or surname of a candidate appears in the space of the ballot for an
office for which he is a candidate and for an office for which he is NOT a
candidate
Vote for the office for which he is NOT a candidate shall be considered a
STRAY vote EXCEPT when it is used to identify the voter in which case the
whole ballot is VOID.
Name of a candidate is NOT written in the PROPER SPACE on the ballot
but is PRECEDED by the name of the OFFICE for which he is a candidate
Vote counted candidate
Words written on the APPROPRIATE BLANK on the ballot is the
IDENTICAL NAME or SURNAME or FULL NAME of 2 or MORE
candidates for the SAME OFFICE, none of whom is the incumbent
Vote counted in favor of that candidate to whose ticket belong all the other
candidates voted for in the same ballot for the same constituency.
PREFIXES such as "Sr.", "Mr.", "Datu", 44
PREFIXES
for
the
AND
90 "Don", "Ginoo", "Hon.", "Gob." or SUFFIXES like "Hijo", "Jr.", "Segundo"
SUFFIXES are valid
CIRCLES, CROSSES, LINES on spaces which the voter has not voted
Considered as signs of his desistance from voting and shall NOT invalidate
the ballot
Space in the ballot appears a NAME of a candidate that is ERASED and
another CLEARLY WRITTEN

Vote counted for the one CLEARLY WRITTEN
ACCIDENTAL tearing or perforation of the ballot
Shall NOT annul it
Failure to remove the COUPON from the ballot
Shall NOT annul the ballot
DETACHABLE
Erroneous initial of FIRST NAME accompanied by CORRECT SURNAME
of the candidate
Shall NOT annul the vote
Erroneous initial of SURNAME accompanied by CORRECT FIRST NAME
of the candidate
Shall NOT annul the vote
Erroneous MIDDLE INITIAL
Shall NOT annul the vote
The fact that there exists another person who is NOT a candidate with the
same first name or surname of a candidate
Shall NOT annul the vote
COMMAS, DOTS, HYPHENS between the first name and surname of the
candidate or on other parts of the ballot Traces of letter “T” or “J” or
similar ones First letters or syllables of names which the voters does not
continue UNINTENTIONAL or flourishes, strokes, strains
Note that a vote for the President is no longer considered a vote for the
Vice-President running under the same ticket as the 1987 Constitution
already prohibits block voting. (Although the party-list system may be
deemed as an exemption to that prohibition.) Election Returns Definition
The election returns are the official document containing the date of the
election, the province, municipality and the precinct in which it is held,
and the votes received by each candidate written in figures and in words. It
is the document on which the Certificates of Canvass are based, and is the
only document that constitutes sufficient evidence of the true and genuine
results of the elections. (See Garay v. COMELEC, 261 SCRA 222) Number
of Copies and Their Distribution (Sec. 27, R.A. 7166, as amended by R.A.
8045 and R.A. 8173)
Shall NOT invalidate the ballot UNLESS it clearly appears that they were
deliberately put by the voter as IDENTIFICATION marks in which case,
the ballot is VOID
The board of election inspectors shall prepare in their handwriting the
returns in their polling places, in the number of copies herein provided and
in the form to be prescribed and provided by the COMELEC. In the
45
election of President, Vice-President, Senators, and Members of the House
of Representatives, the copies of the election returns shall be distributed as
follows: 1st Copy: 2nd Copy: 3rd Copy: 4th Copy: 5th Copy: 6th Copy: 7th
Copy:
ACCIDENTAL
NICKNAMES and APPELATIONS of affection and friendship
accompanied by the FIRST NAME or SURNAME of the candidate
Shall NOT annul the vote EXCEPT when such is used to identify the voter
in which case, the whole ballot is VOID
NICKNAME used is one by which the candidate is generally or
POPULARLY KNOWN in the locality and UNACCOMPANIED by a first
name or surname of the candidate
Vote counted for candidate IF there is other candidate for SAME OFFICE
with SAME NICKNAME

CORRECTLY written FIRST NAME of the candidate with a DIFFERENT
SURNAME
Vote NOT counted in favor of any candidate having such first name BUT
the ballot is considered valid for other candidates
2 or more candidates are voted for an office which the law authorizes
election of only ONE
Vote NOT counted in favor of any of them BUT the ballot is considered
valid for other candidates
Candidates voted for EXCEED the number of those to be elected
Valid ballot BUT the votes counted are those names which were FIRST
WRITTEN by the voter until the authorized number is covered
Ballots totally written in ARABIC in localities where it is of GENERAL USE
VALID (to read such ballots, the board of election inspectors can use an
interpreter who has shall taken an oath to read them correctly)
the no the the
City or municipal board of canvassers Congress, directed to the Senate
President COMELEC Dominant majority party, as determined by the
COMELEC Dominant minority party, as determined by the COMELEC
Citizens' arm authorized by the COMELEC to conduct an unofficial count
Deposited inside the compartment of the ballot box for valid ballots
In the election of local officials, the copies of the election returns shall be
distributed as follows: 1st Copy: 2nd Copy: 3rd Copy: 4th Copy: 5th Copy:
6th Copy: 7th Copy:
City or municipal board of canvassers COMELEC Provincial board of
canvassers Dominant majority party, as determined by the COMELEC
Dominant minority party, as determined by the COMELEC Citizens' arm
authorized by the COMELEC to conduct an unofficial count Deposited
inside the compartment of the ballot box for valid ballots Announcement
of Results of Elections
The chairman of the Board of Election Inspectors shall make an ORAL and
PUBLIC ANNOUNCEMENT of the TOTAL number of votes in the polling
place for EACH candidate by the upon the completion of the election
returns. Issuance of the Certificate of Votes Certificate of votes defined The
certificate of votes is a document which contains the number of votes
obtained by each candidate written in words and figures, the number of
the precinct, the name of the city or municipality and province, the total
number of voters who voted in the precinct, and the date and time issued.
It must be signed and thumb marked by each member of the Board. (Sec.
16, R.A. 6646) Duty of Board to issue certificate It is the duty of the board of
election inspectors to issue a certificate of the number of the votes received
by a candidate upon request of the duly-accredited watchers. (Sec. 16, R.A.
6646) Refusal to do so
91 constitutes an election offense. (Sec. 27, R.A. 6646) Admissibility in
46
evidence The certificate of votes is admissible in evidence to prove
tampering, alteration, falsification or any anomaly committed in the
election returns concerned, when duly authenticated by testimonial or
documentary evidence presented to the Board of Canvassers by at least 2
members of the Board of Election Inspectors who issued the certificate.
This is notwithstanding the provisions of Secs. 235 and 236 of BP 881. The
Certificate of Votes is evidence likewise of the votes obtained by the
candidates. (Balindong v. COMELEC, 27 SCRA 567) However, it was held
in the case of Garay v. COMELEC (261 SCRA 222) that a Certificate of
Votes can never be a valid basis for canvass, and does not constitute
sufficient evidence of the true and genuine results of the elections; only
election returns are. Failure to present any certificate of votes shall be a bar
to the presentation of other evidence to impugn the authenticity of the
election returns. (Sec. 17, R.A. 6646) CANVASS Canvass and Certificate of
Canvass defined The canvass of votes refers to the process by which the
results in the election returns are tallied and totaled. Certificates of canvass
are official tabulations of votes accomplished by district, municipal, city
and provincial canvassers based on the election returns, which are the
results of the ballot count at the precinct level.
 of parties, through their PROVINCIAL Chairman
representatives, and any candidate has a right to be present and to counsel
during the canvass of election returns. They shall have the right to examine Provincial election supervisor or lawyer in the regional office of the
the returns being canvassed without touching them, to make their COMELEC
observations thereon, and file their charges in accordance with the rules
and regulations of the COMELEC. ( sec 25, RA 6646) It shall be unlawful (Sec. 221, BP 881, as amended by Sec. 20, RA 6646) CITY
for any officer or member of the AFP, including the national police, or any
peace officer or any armed or unarmed persons belonging to an extra-legal City election registrar or a lawyer of COMELEC;
police agency, special forces, reaction forces, strike forces, home defense
forces, barangay self defense units, etc. to enter the room where the MUNICIPAL Election registrar or a representative of COMELEC
canvassing of the election returns are held, and within a radius of 50
meters from such room. ( sec 232, BP881) Grand Alliance for Democracy vs. In cities with more than 1 election registrar, COMELEC shall designate the
COMELEC ( 150 SCRA 665) Where it has been determined by the election registrar who shall act as chairman
COMELEC that actual voting and election by the registered voters had
taken place, the election returns can not be disregarded and excluded – Vice Chair
with the corresponding disenfranchisement of voters – but must be
accorded prima facie status as bona fide reports of the result of the voting provincial fiscal
for canvassing and proclamation purposes. The summary nature of the
proceedings require that written objections ( to the returns) be filed only city fiscal
47
during this stage, because it is only at this time that the inclusion or
exclusion of any return is in issue; mere allegations of duress, coercion, municipal treasurer
fraud, can not invalidate the election returns which are otherwise clean on
their face. Mastura vs. COMELEC (285 SCRA 493) The COMELEC may Member
order the annulment of the certificate of canvass which it found to be
tampered after examining the copies of the election returns of the provincial superintendent of schools
municipal judge and COMELEC – because all the copies of the election
returns are original copies although the copy of the Municipal Board of city superintendent of schools
Canvassers is the original copy. Sec 15 RA 7166, does not specify that the
COMELEC shall use the copy of the election return of the Municipal Board most senior district school supervisor or in his absence a principal of the
of Canvassers in correcting a manifest error. school district or the elementary school

Nature of canvass proceedings Canvass proceedings are administrative However, in case of non-availability, absence, disqualification due to
and summary in nature. relationship, or incapacity for any cause of any of the members of the

Composition of the Board of Canvasser PROVINCIAL

A majority vote of all the members of the board shall be necessary to Board of Canvassers, the COMELEC may appoint the following as
render a decision. (Sec 255 BP 881) Any registered political party, coalition substitutes, in the order named:
 •
CITY
•
MUNICIPAL
The chairman and the members of the Board of Canvassers shall not be
Chairman related within the 4th civil degree of consanguinity or affinity to any of the
candidates whose votes will be canvassed by said board, or to any member
Ranking lawyer of the COMELEC of the said board. (Sec. 222, B.P. 881) No member or substitute member of
the different boards of canvassers shall be transferred, assigned or detailed
Ranking lawyer of the COMELEC outside of his official station, nor shall he leave said station without prior
authority of the COMELEC during the period beginning election day until
Ranking lawyer of the COMELEC the proclamation of the winning candidates. (Sec. 223, B.P. 881) No
member of the board of canvassers shall feign illness in order to be
Vice Chairman substituted on election day until the proclamation of the winning
candidates. Feigning of illness constitutes an election offense. (Sec. 224, B.P.
(1) Provincial auditor (2) Registrar of Deeds (3) Clerk of Court nominated 881) Jurisdiction of COMELEC over the Board of Canvassers
by the Executive Judge of the RTC; (4) Any other available appointive

(1) City auditor or equivalent; (2) Registrar of Deeds; (3) Clerk of Court
nominated by the Executive Judge of the RTC; (4) Any other available
appointive city
(1) Municipal Administrator; (2) Municipal Assessor; (3) Clerk of Court
nominated by the Executive Judge of the MTC; (4) Any other available
appointive
92 provincial official Member
Same as for Vice-Chairman
official Same as for Vice-Chairman
municipal official Same as for Vice-Chairman
(Sec. 231, B.P. 881) Prohibitions on the Board of Canvassers
• all votes canvassed so far for each candidate for each office furnishing the
COMELEC has direct control and supervision over the board of
canvassers. Any member of the Board may, at any time, be relieved for
48
cause and substituted motu propio by the COMELEC. (Sec. 227, B.P. 881)
COMELEC has the power to investigate and act on the propriety or legality
of the canvass of election returns made by the board of canvassers. Nature
of the Board of Canvassers’ Duties A canvassing board's task is to compile
and add the results as they appear in the election returns transmitted to it.
(Guiao v. COMELEC, 137 SCRA 366) The COMELEC shall have direct
control and supervision over the board of canvassers. During the canvass,
the Board of Canvassers prepares the Statement of Voters, which is
tabulation per precinct of the votes obtain by the candidates as reflected in
the election returns. It is this Statement of Votes which forces the basis of
the certificate of canvass and of the proclamation.
The Board of Canvassers must meet not later than 6:00 p.m. on election day
to receive the election returns and canvass those received. The Board of
Canvassers must meet continuously from day to day until the canvass is
completed. The Board of Canvassers may adjourn ONLY for the purpose
of awaiting other election returns. When it adjourns, it shall make a total of
COMELEC in Manila a certified copy and to make available copies to the
media and other interested parties. The Board of Canvassers must resume
canvassing once more returns are received. The canvass proceedings must
be open and in public. A majority vote of all the members of the Board of
Canvassers is needed in order to render a decision. Period to Complete
Canvass Subject to reasonable exceptions, the Board of Canvassers is
required to complete their canvass within the following periods:
Municipalities: 36 hours Cities not comprising at least 1 legislative district:
36 hours Cities comprising at least 1 legislative district: 48 hours Provinces:
72 hours Any violation of this requirement is an election offense. (Sec. 231,
B.P. 881) Canvassing Committees (Sec. 22, R.A. 6646) The Board of
Canvassers may constitute such number of canvassing committees as may
be necessary for the board to complete the canvass within the period
prescribed. Each committee shall be composed of 3 members, each member
to be designated by the chairman and members of the board. Before the
election, all candidates shall be notified in writing of the number of
committees to be constituted so that they can designate their watchers in
each committee. The committees shall be under the direct supervision and
control of the board.
When Ministerial
Principles governing canvass proceedings
If there are no irregularities in the election returns, the duty of the Board in
canvassing the votes on the election returns submitted to it consists in the
simple matter of arithmetic. Once the COMELEC or the board of
canvassers is satisfied in the authenticity of the returns, it has no power to
look beyond the face thereof, and its task of tallying is merely ministerial.
There must be a strong prima facie case backed up by a specific offer of
evidence, and an indication of its nature and importance has to be made
out to warrant the reception of evidence aliunde, for the presentation of
witnesses and the delays necessarily entailed thereby.
When there is an error in the computation which is discovered after
proclamation, the board of canvassers can simply correct the error; the
remedy being purely administrative.
COMELEC should guard against PROCLAMATION GRABBING and
against attempts to paralyze the canvassing and proclamation.
When Quasi-Judicial The board of canvassers must be satisfied that the
election returns submitted to it are genuine and authentic. Thus, the board
of canvassers will not be compelled to canvass the returns when they are
found to be: • • • •
When COMELEC has determined after investigation and examination of
the voting and registration records that ACTUAL VOTING and
ELECTION took place in the questioned precincts, election returns cannot
be disregarded but are accorded prima facie status as bona fide reports of
the result of voting for canvassing and proclamation purposes.
obviously manufactured; contrary to probabilities; clearly falsified; or not
legible Canvass by the Board
To allow a respondent to raise belated questions before the COMELEC as
to the returns during the review of a case before the COMELEC, which
49
question has not been raised before the board of canvassers, would mean
undue delays in the pre-proclamation proceedings. The Supreme Court can
review the decisions of COMELEC ONLY in cases of grave abuse of
discretion in the discharge of QUASIJUDICIAL POWERS and not in the
exercise of its administrative duties. Conclusiveness of findings
The findings of the board of canvassers and the certificate of election
issued by them are not conclusive but are merely PRIMA FACIE evidence
of the result and title to the office of those declared elected. As to all other
collateral matters, the findings of the board are conclusive. However, such
findings are not conclusive in a direct proceeding to try title to the office.
The fact of having a plurality of votes lawfully cast is what confers title to
the office UNLESS one is allowed to go behind the certificate or returns to
establish title to the office before the appropriate tribunal.
Duties of the Provincial, City, District and Municipal Board of Canvassers
(Sec. 28, R.A. 7 BOC
Municipal
CANVASS  Vice-President

PREPARE CERTIFICATE OF CANVASS  Senators

 President  Senators

 President  Congressmen

 Vice-President  Congressmen

 Vice-President  Elective Provincial Officials

 Senators  Elective Provincial Officials

 Senators  Elected City Of

 Congressmen  Elective City Officials City – cities comprising 1 or more legislative 50

districts
 Congressmen
 President
 Elective Provincial Officials
 President
 Elective Provincial Officials
 Congress-men
PR
 Vice-President
 Elected Municip
 Vice-President
 Elective Municipal Officials City – cities which don’t comprise at least
legislative district  Elected City Of

 President  Senators

 President  Senators

 Vice-President  Congressmen  Elective City Officials District BOC – for each

municipality in Metro Manila comprising a legislative district  Elected Municip

 President  Elective Municipal Officials District BOC – in each legislative district

comprising 2 municipalities in Metro Manila
 President
 President
 Congress-men
 President
 Vice-President
 Vice-President
 Vice-President
 Vice-President
 Elected Munici
 Senators
 Senators
 Senators
 Senators
 Elected Congre District 51
 Congressmen  Elective Municipal Officials Municipal BOC – for each
component municipality in a legislative district in Metro Manila  Congressmen Provincial

 President  President

 President  President

 Vice-President  Elected congre

 Vice-President  Vice-President

 Senators  Vice-President

 Senators  Elected Provinc

 Congressmen  Senators

 Congressmen  Senators
 Plebiscite Resu
 Congressmen  Elective Provincial Officials  Plebiscite Results
Preparation of the Certificate of Canvass and Statement of Votes
Certificate of canvass
The respective board of canvassers shall prepare a certificate of canvass
duly signed and affixed with the imprint of the thumb of the right hand of
each member, supported by a statement of the votes received by each
candidate in each polling place and, on the basis thereof, shall proclaim as
elected the candidates who obtained the highest number of votes cast in
the province, city, municipality or barangay. (Sec. 231, B.P. 881) returns; its
preparation is an administrative function of the board, purely a mechanical
act over which COMELEC has direct control and supervision. The
Statement of Votes supports the certificate of canvass and is the basis of
proclamation. Consequently, any error in the Statement of Votes would
affect the proclamation made on the basis thereof. Failure to object to the
Statement of Votes before the Board of Canvassers does not constitute a bar
to raising the issue for the first time before the COMELEC, as the law is
silent as to when such objection may be raised. Number of Copies of the
Certificates of Canvass and Their Distribution (Sec. 29, R.A. 7166) City or
Municipal Board of Canvassers: The City or Municipal Board of
Canvassers shall prepare the certificates of canvass for President, Vice-
President, Senators, Members of the House of Representatives, and Elective
Provincial Officials in 7 copies to be distributed as follows: 1st copy:
Provincial board of canvassers – for canvassing of election results for
President, Vice-President, Senators, Members of the House of
Representatives and Elective Provincial Officials
nd
2 copy:
COMELEC
3rd copy:
To be kept by the chairman of the board of canvassers
4th copy:
Citizens' arm designated by the COMELEC to conduct media-based
unofficial count
5th to 7th copies:
Representatives of any 3 of 6 major political parties according to the
voluntary agreement of the parties; if there is no agreement, COMELEC
shall decide based on the criteria under sec. 26 of RA 7166
City Boards of Canvassers of cities comprising one or more legislative
districts, Provincial Boards of Canvassers, and District Boards of
Canvassers in the Metro Manila area: The foregoing Boards of Canvassers
shall prepare the certificates of canvass for President, Vice-President and
Senators in 7 copies to be distributed as follows: 1st copy:
52
Congress, directed to the Senate President for use in the canvass of election
results for President and VicePresident
2nd copy:
COMELEC, for use in the canvass of the election results for Senators
3rd copy:
To be kept by the chairman of the board of canvassers
4th copy:
Citizens' arm designated by the COMELEC to conduct media-based
unofficial count
5th to 7th copies:
Representatives of any 3 of 6 major political parties according to the
voluntary agreement of the parties; if there is no agreement, COMELEC
shall decide based on the criteria under sec. 26 of RA 7166
Congress as the National Board of Canvassers (Sec. 30, R.A. 7166)
Failure to comply with this requirement shall constitute an election offense.
Statement of votes The statement of votes is a tabulation per precinct of
votes garnered by candidates as reflected in the election Congress shall
determine the authenticity and due execution of the certificate of canvass
for President and Vice President as accomplished and transmitted by the
local board of canvassers, on a showing that:
(1) Each certificate was executed, signed and thumb marked by the
chairman and members of the board of canvassers and transmitted to
Congress by them; (2)
Each certificate contains the names of all the candidates for President, Vice-
President, and their corresponding votes in words and in figures; and
(3)
There exists no discrepancy in other authentic copies of the certificate or in
the votes both in words and figures in the same certificate.
Completion of the Certificate of Canvass If the certificate of canvass
appears to be incomplete, the Senate President shall require the board of
canvassers concerned to TRANSMIT (by personal delivery within 2 days
from notice) the election returns from the polling places that were not
included in the certificate of canvass and supporting statements. When
there appear erasures or alterations in the certificate of canvass which may
cast doubt as to the veracity of the number of votes stated therein and may
affect the result of the election, Congress shall, for the sole purpose of
verifying the actual number of votes, COUNT the votes as they appear in
the copies of the election returns submitted to it, upon request of a
presidential or vice-presidential candidate or their party. (Sec. 30, R.A.
7166) Canvass of Votes for the President and Vice-President (Sec. 24, R.A.
8436) The certificates of canvass for President and Vice-President shall be
duly certified by the board of canvassers of each province or city. The
certificates of canvass for President and Vice-President shall be transmitted
to Congress, directed to the Senate President. Upon receipt of the
certificates of canvass, the Senate President shall not later than 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. Congress
upon the determination of the authenticity and due execution thereof, shall
canvass the votes. The person having the highest number of votes shall be
proclaimed elected. In case 2 or more persons shall have an equal and
highest number of votes, one of them shall be chosen by vote of
MAJORITY of all the members of BOTH the Senate and the House of
Representatives, voting separately. (To be discussed in the last part of this
reviewer.) Makalintal vs. Comelec The Overseas Absentee Voting Act of
2003 insofar as it grants sweeping authority to the Comelec to proclaim all
winning candidates, is unconstitutional as it is repugnant to sec 4 art VII of
the Constitution, which vests in Congress the authority to proclaim the
winning Presidential and Vice Presidential candidates. Ruy Elias Lopez vs.
Senate of the Philippines Congress may validly delegate the preliminary
determination of
53
the authenticity and due execution of the certificates of canvass to a Joint
Congressional Committee constituted under the Rules adopted by the Joint
Session of Congress.
tied candidates, shall hold a special PUBLIC MEETING at which the board
shall proceed to the DRAWING OF LOTS of the candidates who have tied
and shall proclaim as elected the candidates who may be favored by luck.
Pimentel Jr. vs. Joint Committee of Congress to Canvass the Votes Cast for
President and Vice President
The candidates so proclaimed shall have the right to assume office in the
same manner as if he had been elected by plurality of vote.
Even after Congress had adjourned its regular session, it may continue to
perform the constitutional duty of canvassing the presidential and vice-
presidential election results without need of any call for a special session
by the President.

The board of canvassers shall forthwith make a certificate stating the name
of the candidate who had been favored by luck and his proclamation on
the basis thereof.
PROCLAMATION
Nothing in the above shall be construed as depriving a candidate of his
right to contest the election.
Duties of Board of Canvassers
Proclamation of a Lone Candidate (R.A. 8295)
After the canvass of election returns, in the absence of a perfected appeal to
the COMELEC, the Board of Canvassers shall proclaim the candidates who
obtained the highest number of votes cast in the province, city,
municipality or barangay, on the basis of the certificates of canvass. Failure
to comply with this duty constitutes an election offense. (Sec. 231, B.P. 881)
Upon the expiration of the deadline for the filing of certificates of
candidacy in a special election called to fill a vacancy in an elective position
other than for President and Vice-President, when there is only one (1)
qualified candidate for such position, the lone candidate shall be
proclaimed elected to the position by proper proclaiming body of the
COMELEC without holding the special election upon certification by the
COMELEC that he is the only candidate for the office and is therefore
deemed elected. (Sec. 2)
The Board of Canvassers shall not proclaim any candidate as winner unless
authorized by the COMELEC after the latter has ruled on any objections
brought to it on appeal by a losing party. Any proclamation made in
violation hereof shall be void ab initio, unless the contested returns will not
adversely affect the results of the election. Once the Board of Canvassers
has completed its duty, the board cannot meet again and re-canvass the
votes or reverse their prior decision and announce different results. When
proclamation void
In the absence of any lawful ground to deny due course or cancel the
certificate of candidacy in order to prevent such proclamation, as provided
for under Sec. 69 and 78 of the Omnibus Election Code, the lone candidate
shall assume office not earlier than the scheduled election day. (Sec. 3) The
COMELEC shall decide petitions for disqualification not later than election
day. Otherwise, such petitions shall be deemed dismissed. (Sec. 3)
A proclamation is void when it is based on incomplete returns
(Castromayor v. COMELEC, 250 SCRA 298) or when there is yet no
complete canvass (Jamil v. COMELEC, G.R. No. 123648, Dec. 15, 1997).
MODES OF CHALLENGING CANDIDACY & ELECTION RESULTS
A void proclamation is no proclamation at all, and the proclaimed
candidate’s assumption into office cannot deprive the COMELEC of its
power to annul the proclamation.
NUISANCE CANDIDATES & CANCELLATION OF CERTIFICATE OF
CANDIDACY Declaration of Nuisance Candidacy
54
Utto vs. Comelec (Gr 150111 Jan 31, 2002) An incomplete canvass of votes
is illegal and cannot be made the basis of a proclamation. A canvass cannot
be reflective of the true vote of the electorate unless all returns are
considered and none is omitted.
(Sec. 5, R.A. 6646) Grounds for declaration of nuisance candidacy
The fact that a candidate illegally proclaimed has assumed office is not a
bar to the exercise by the Comelec of the authority to annul any canvass
and proclamation illegally made.
See discussion under Certificate of Candidacy.
Where a proclamation is null and void, the proclaimed candidate’s
assumption of office cannot deprive the Comelec of the power to declare
such a proclamation a nullity.
Proceedings to have a candidate declared as a nuisance candidate are
summary in nature. In lieu of oral testimonies, the parties may be required
to submit position papers together with affidavits or counter-affidavits and
other documentary evidence.
Partial proclamation (Sec. 21, R.A. 7166) Notwithstanding the pendency of
any pre-proclamation controversy, the COMELEC may summarily order
the proclamation of other winning candidates whose election will not be
affected by the outcome of the controversy. Election Resulting in a Tie (Sec.
240, B.P. 881) A tie occurs when: (a) 2 or more candidates receive an equal
and highest number of votes; or (b) 2 or more candidates are to be elected
for the same position and 2 or more candidates received the same number
of votes for the LAST PLACE in the number to be elected. The board of
canvassers, by resolution, upon 5 days notice to all
Nature of proceedings
Procedure for declaration of candidate as nuisance candidate WHAT
FILED:
Verified petition
WHO MAY FILE: Any registered candidate for the same office WHEN
FILED: Within 5 days from the last day for the filing of certificates of
candidacy WHERE FILED: With the COMELEC PROCEDURE: (1)
The petition is filed with the COMELEC personally or through
dulyauthorized representative within 5 days from the last day for the filing
of certificates of candidacy. Filing by mail is not allowed.
(2)
Within 3 days from the filing of the petition, the COMELEC shall
issue summons to the respondent candidate, together with a copy of the
petition and its enclosures, if any.
totally any proclamation, if one has been made. (Sec. 242, BP 881) Olfato vs.
Comelec ( 103 SCRA 741)
(3)
The respondent shall then have 3 days from receipt of the summons to file
his verified answer (not a motion to dismiss) to the petition, serving copy
thereof upon the petitioner. Grounds for a motion to dismiss may be raised
as an affirmative defense.
(4)
The COMELEC may then designate any of its officials who are lawyers to
hear the case and receive evidence. In lieu of oral testimonies, the parties
may be required to submit position papers together with affidavits or
counter-affidavits and other documentary evidence. The hearing officer
shall immediately submit to the COMELEC his findings, reports, and
recommendations within 5 days from the completion of such submission of
evidence.
(5)
55
(6)
The COMELEC shall then render its decision within 5 days from receipt of
the findings of the hearing officer. This decision shall be disseminated by
the COMELEC to the city or municipal election registrars, boards of
election inspectors, and the general public in the political subdivision
concerned within 24 hours through the fastest available means. After 5
days from receipt of the parties, the decision becomes final and executory
unless stayed by the Supreme Court. Cancellation of Certificate of
Candidacy
While the Comelec has merely appellate jurisdiction over election contests
involving municipal offices, it cannot be deprived of its exclusive
jurisdiction over pre-proclamation contests. It is immaterial if some of the
grounds adduced are grounds for an election contest rather than for a pre-
proclamation controversy. When not allowed Pre-proclamation
controversies on matters relating to the preparation, transmission, receipt,
custody and appreciation of the election returns or the certificates of
canvass, are not allowed for the following positions: • • •
• registered political party, organization, or coalition of political parties
President Vice President Senator Member of the House of Representatives
(Sec. 15, R.A. 7166)
However, this does not preclude the authority of the appropriate
canvassing body motu propio or upon written complaint of an interested
person to correct manifest errors in the certificate of canvass or election
returns before it.
Grounds for cancellation of certificate of candidacy A certificate of
candidacy may be cancelled or denied due course on either of the
following grounds: (1)
False material representation in the certificate of candidacy;
(2) If
the certificate filed is a substitute Certificate of Candidacy, when it is not a
proper case of substitution under Sec. 77 of BP 881 (Sec. 2, Rule 24,
COMELEC Rules of Procedure)
Nature of proceedings Proceedings for cancellation or denial of due course
of a certificate of candidacy are summary in nature.
All pre-proclamation controversies shall be heard summarily by the
COMELEC after due notice and hearing. This is because canvass and
proclamation should be delayed as little as possible. Questions which
require more deliberate and necessarily longer consideration are left for
examination in the corresponding election protest. (Sison v. COMELEC,
G.R. No. 134096. March 3, 1999) Parties adversely affected by a ruling of
the board of canvassers on questions affecting the composition or
proceedings of the board may appeal the matter to the Commission with 3
days from a ruling thereon. The Commission shall summarily decide the
case within 5 days from the filling thereof ( Sec 19 RA 7166) Dimaporo v.
COMELEC
Procedure WHO MAY FILE: Any citizen of voting age, or A duly
WHEN FILED:
Nature of proceedings
Within 5 days from the last day for the filing of certificates of candidacy
WHERE FILED: With the Law Department of the COMELEC PRE-
PROCLAMATION CONTROVERSIES Meaning of Pre-Proclamation
Controversy A pre-proclamation controversy refers to any question or
matter pertaining to or affecting the proceedings of the board of
canvassers, or any matter raised under Sec. 233-236 of BP 881 in relation to
the preparation, transmission, receipt, custody and appreciation of the
election returns. (Sec. 241, BP 881) The institution of the pre-proclamation
controversy was intended to prevent the nefarious practice known as
“grab-the-proclamation, prolongthe-protest”. Jurisdiction The COMELEC
has exclusive jurisdiction over pre-proclamation cases. It may order, motu
56
propio or upon written petition, the partial or total suspension of the
proclamation of any candidate-elect or annul partially or
The policy behind limiting the issues of the pre-proclamation controversy
is to determine as quickly as possible the results of the elections on the
basis of the canvass. It may well be true that the public policy may
occasionally permit the occurrence of grab the proclamation and prolong
the protest situations; that public policy however, balances the possibility
of such situations against the shortening of the period during which no
winners are proclaimed, a period commonly fraught with tension and
danger for the public. For those who disagree with the policy, the recourse
is with the legislature. The mandatory requirement to comply with the
procedure for a pre-proclamation controversy is in view of the policy to
have a quick determination of the election results. Manifest errors The
Comelec may entertain petitions for the correction of “manifest errors” in
the Certificate of Canvass or in the election returns. To be “manifest”, the
errors must appear on the face of the Certificates of Canvass or election
returns sought to be corrected, and objections thereto must have been
made before the Board of Canvassers and specifically noted in the minutes
of their respective proceedings (Chavez vs. Comelec 211 SCRA 315) A
“manifest error” is one that is visible to the eye or obvious to the
understanding; that which is open, palpable, incontrovertible, needing no
evidence to make it more clear. ( O’Hara vs. Comelec GR no. 148941-42
Mar 12, 2002)
Bince vs. Comelec A petition for correction of errors in the Certificate of
Canvass may be filed at any time before proclamation.
Neither can the Certificate of Votes be used for the canvass because it was
signed only by the Chairman. (3) The election returns were:
Torres vs. Comelec Although the provision applies to a pre-proclamation
controversy, there is nothing to prevent its application to cases in which
the validity of the proclamation is in question. Since the Statement of Votes
is the basis of the Certificate of Canvass and of the proclamation, any error
in the Statement affects the validity of the proclamation. Ramirez vs.
Comelec Corrections should be made by inserting the corrections in the
Statement of Votes or by preparing a new Statement of Votes incorporating
the corrections. Pre-proclamation cases
Restricted to an examination of the lection returns on their face. Without
jurisdiction to go beyond or behind elections returns and investigate
election irregularities
Cases of Actions for Annulment of Election Results or Declaration of
Failure of Elections Comelec may conduct technical examination of election
documents and compare and analyze voters’ signatures and fingerprints in
order to determine whether or not the elections had indeed been free,
honest and clean
••
prepared under duress, threats, coercion, intimidation or obviously
manufactured or not authentic
Lagumbay v. Comelec (16 SCRA 175), The Supreme Court empowered the
Commission on Elections to nullify certain contested returns on the ground
of "statistical improbabilities", when WE sustained the authority of the
Commission to examine voting records, the number of ballots and the
number of votes reportedly cast and tallied for each and every candidate,
when the returns are obviously false or fabricated. In said case, WE,
adopted "a practical approach to the Commissions mission to insure a free
and honest elections" by denying prima facie recognition to the election
returns on the ground that they were manifestly manufactured or falsified.
(4) Substituted or fraudulent returns in controverted polling places were
canvassed, the results of which materially affected the standing of the
aggrieved candidate(s). (5) Manifest errors in the Certificates of Canvass or
Election Returns (Sec. 15, R.A. 7166; Chavez v. COMELEC, 211 SCRA 315)
It must be noted that this enumeration is restrictive and exclusive. The
complete election returns whose authenticity is not questioned must be
prima facie considered valid for purposes of canvass and proclamation. To
allow a re-count or a re-appreciation of the votes in every instance would
paralyze canvass and proclamation. Issues that cannot be raised
Jurisprudence has held that the following issues are not proper in a pre-
proclamation controversy: 57
Lee vs. Comelec Where there is a prima facie showing that the return is not
genuine, the principle that in pre-proclamation cases, the Comelec is
without jurisdiction to go beyond or behind the election returns and
investigate irregularities, does not apply. Issues that may be Raised
•
•
(1) Illegal composition or proceedings of the board of election canvassers
Laodeno vs. Comelec ( 276 SCRA 705) By participating in the proceedings,
the petitioner is deemed to have acquiesced in the composition of the
Board of Canvassers.
••
(2) Canvassed election returns are either: • • • •
incomplete contain material defects appear to be tampered with or falsified
contain discrepancies in the same returns or in other authentic copies
••
Patoray vs. Comelec (249 SCRA 440) It is an error for the Comelec to
exclude from the canvass election returns where the defect in the return
refers only to some incomplete data. Where the Certificate of Votes shows
tampering, alteration and falsification, or any other anomaly in the
preparation of the election return, the Comelec should order a recount of
the votes cast in the precinct, after determining that the ballot box has not
been tampered with. The failure of the Comelec to do so, after excluding
the return, will result in the disenfranchisement of the voters in the
particular precinct.
Appreciation of ballots, as this is performed by the Board of Election
Inspectors at the precinct level and is not part of the proceedings of the
Board of Canvassers (Sanchez v. COMELEC, 153 SCRA 67, reiterated in
Chavez v. COMELEC, 211 SCRA 315); Technical examination of the
signatures and thumb marks of voters (Balindong v. COMELEC, 260 SCRA
494; Matalam v. COMELEC, 271 SCRA 733); Prayer for re-opening of ballot
boxes (Alfonso v. COMELEC, G.R. No. 107847, June 2, 1994); Padding of
the Registry List of Voters of a municipality, massive fraud and terrorism
(Ututalum v. COMELEC, 181 SCRA 335); Challenges directed against the
Board of Election Inspectors (Ututalum v. COMELEC, supra) Fraud,
terrorism and other illegal electoral practices. These are properly within
the office of election contests over which electoral tribunals have sole,
exclusive jurisdiction. (Loong v. COMELEC)
Procedure The procedure for filing a pre-proclamation controversy
depends on the issue being raised: (a)
Questions involving the composition or proceedings of the board of
canvassers, or correction of manifest errors
WHERE:
The controversy may be initiated either in the Board of Canvassers or
directly with the COMELEC. (Sec. 17, R.A. 7166)
WHEN:
It depends:
(a)
(b)
If petition involves the illegal composition or proceedings of the board, it
must be filed immediately when the board begins to act as such (Laodeno
v. COMELEC, 276 SCRA 705), or at the time of the appointment of the
member whose capacity to sit as such is objected to if it comes after the
canvassing of the board, or immediately at the point where the
proceedings are or begin to be illegal. Otherwise, by participating in the
proceedings, the petitioner is deemed to have acquiesced in the
composition of the Board of Canvassers. If the petition is for correction, it
must be filed not later than 5 days following the date of proclamation, and
must implead all candidates who may be adversely affected thereby. (Sec.
58
5(b), Rule 27, COMELEC Rules of Procedure)
Such objection is recorded in the minutes of canvass. Simultaneous with
the oral objection, the objecting party enters his objection in the form for
written objections prescribed by the COMELEC. (2)
Upon receipt of such objection, the Board automatically defers the canvass
of the contested returns and proceeds to canvass the returns which are not
contested by any party.
(3)
Within 24 hours from and after the presentation of such objection, the
objecting party submits the evidence in support of the objection, which
shall be attached to the form for written objections. Within the same 24-
hour period, any party may file a written and verified opposition to the
objection in the prescribed COMELEC form, attaching supporting
evidence, if any. The Board shall not entertain any objection or opposition
unless reduced to writing in the prescribed forms.
(4)
The Board chairman immediately and formally admits the evidence
attached to the objection or opposition by affixing his signature at the back
of each and every page thereof.
(5)
Upon receipt of the evidence, the Board considers the objection and the
opposition, and summarily rules on the objection. The Board then enters its
ruling on the prescribed form and authenticates the same by entering the
signatures of all its members.
(6)
The parties adversely affected by the ruling immediately inform the Board
if they intend to appeal the ruling. Such information is then entered in the
minutes of canvass.
(7)
The Board then sets aside the returns and proceeds to consider the other
returns. The Board then suspends the canvass after all the uncontested
returns have been canvassed and the contested return ruled upon by it.
(8)
Within 48 hours from the ruling, the party adversely affected files a written
and verified notice of appeal with the Board. The party then files an appeal
with the COMELEC within a non-extendible period of 5 days thereafter.
(9)
Immediately upon receipt of the notice of appeal, the Board makes an
appropriate report to the COMELEC, elevating therewith the complete
records and evidence submitted in the canvass, and furnishing the parties
with copies of the report.
(10)
The COMELEC summarily decides the appeal within 7 days from receipt
of the record and evidence elevated to it by the Board.
(11)
The COMELEC's decision becomes executory after the lapse of 7 days from
receipt thereof by the losing party.
(12)
The COMELEC then authorizes the Board of Canvassers to proceed with
the proclamation of the winner. Any proclamation made without
COMELEC authorization is void ab initio, unless the contested returns do
not adversely affect the results of the election. (Sec. 20, R.A. 7166)
PROCEDURE: If filed with the Board first: (1)
59
Petitioner submits his / her objection to the chairman of the board of
canvassers.
(2)
The Board makes its ruling.
(3)
Within 3 days from the ruling, the parties adversely affected may appeal
the matter to the COMELEC.
(4) Upon
appeal, the COMELEC shall summarily decide the case within 5 days from
the filing thereof. (Sec. 19, R.A. 7166)
If initiated directly with the COMELEC: (1)

Petitioner files petition with the COMELEC.
(2)
Upon the docketing of such petition, the Clerk of Court concerned shall
issue summons with a copy of the petition to respondents.
(3) The
Clerk of Court concerned shall immediately set the petition for hearing.
The COMELEC shall hear and decide the petition en banc.
The Board of Canvassers shall not commence, proceed or resume canvass
unless otherwise ordered by the COMELEC. (Sec. 5, Rule 27, COMELEC
Rules of Procedure) (b) Matters relating to the preparation, transmission,
receipt, custody and appreciation of the election returns and certificates of
canvass WHERE: Only with the Board of Canvassers WHEN: At the time
the questioned return is presented for inclusion in the canvass. WHO:
Any candidate, political party or coalition of political parties
PROCEDURE: (1)
The contesting party makes an oral objection to the chairman of the Board
of Canvassers at the time the questioned return is presented for inclusion
in the canvass.
This procedure is mandatory. Non-compliance with any of the steps above
is fatal to the pre-proclamation petition. Effect of filing of pre-proclamation
controversy The period to file an election contest shall be SUSPENDED
during the pendency of the pre-proclamation contest in the COMELEC or
the Supreme Court. (Alangdeo v. COMELEC, June 1989) The right of the
prevailing party in the pre-proclamation contest to the execution of
COMELEC’s decision does not bar the losing party from filing an election
contest.
Despite the pendency of a pre-proclamation contest, the COMELEC may
order the proclamation of other winning candidates whose election will
not be affected by the outcome of the controversy. Effect of proclamation of
winning candidate A pre-proclamation controversy shall no longer be
viable after the proclamation and assumption into office by the candidate
whose election is contested. The remedy is an election protest before the
proper forum. (Mayor v. COMELEC, January 1989) The prevailing
candidate may still be unseated even though he has been proclaimed and
installed in office if:
DECLARATION OF FAILURE OF ELECTION Nature of petition to
declare a failure of election A petition to declare a failure of election is
neither an election protest nor a pre-proclamation controversy. (Borja v.
COMELEC, 260 SCRA 604) Grounds for declaration See discussion under
Election Proper. Jurisdiction of COMELEC
1.
The opponent is adjudged the true winner of the election by final judgment
of court in an election contest;
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The COMELEC, sitting en banc, may declare a failure of election by a
majority vote of its members. (Sec. 4, R.A. 71660
2.
The prevailing party is declared ineligible or disqualified by final judgment
of a court in a QUO WARRANTO case; or
3.
The incumbent is removed from office for cause.
The COMELEC, in the case of actions for annulment of election results or
declaration of failure of elections, may conduct technical examination of
election documents and compare and analyze voters' signatures and
fingerprints in order to determine whether or not the elections had indeed
been free, honest and clean. (Loong v. COMELEC, supra)
Abella v. Larrazabal Pre-proclamation controversies are summary in
nature. The policy behind election law is that pre-proclamation
controversies should be summarily decided, consistent with the law’s
desire that the canvass and proclamation be delayed as little as possible.
Thus, questions as to the appreciation of ballots and the conduct of the
campaign and balloting, which require more deliberate and necessarily
longer consideration are proper for an election contest. The dismissal of a
pre-proclamation controversy does not mean that the disqualification case
is moot and academic. The two are independent of each other. The purpose
of the pre-proclamation controversy is to ascertain the winners in the
elections on the basis of election returns duly authenticated by the board of
inspectors and admitted by the board of canvassers. The purpose of the
disqualification proceeding is to prevent the candidate from running, or if
elected, from serving, or to prosecute him for violation of election laws.
The mere fact that a candidate has been proclaimed does not signify that
his disqualification is deemed condoned and may no longer be the subject
of a separate investigation. Agbayani v. COMELEC The proclamation of a
winning candidate makes a preproclamation controversy no longer viable.
The remedy is an election protest, but this is only true where there is a
valid proclamation or where the proclamation is based on a complete
canvass. Where it is claimed that there was an incomplete canvass or that
certain returns should have been omitted because they were manufactured
and other returns cannot be included because they have been irretrievably
lost, the pre-proclamation controversy should still be continued despite the
proclamation of the supposed winner. COMELEC may in such a pre-
proclamation controversy determine if the proclamation should be
annulled.
Requisites for the declaration of failure of election Before the COMELEC
can act on a verified petition seeking a declaration of failure of election, the
following conditions must concur: (1)
(2) The
votes cast would affect the results of the election. (Mitmug v. COMELEC,
230 SCRA 54; Loong v. COMELEC, supra; Hassan v. COMELEC, 264 SCRA
125)
The election is only to be set aside when it is impossible from any evidence
within reach to ascertain the true result – when neither from the returns
nor from other proof can the truth be determined (i.e. where the illegality
affects more than 50% of the total number of votes cast and the remainder
does not constitute a valid constituency). Procedure (1)
Petitioner files verified petition with the Law Department of the
COMELEC.
(2)
Unless a shorter period is deemed necessary by circumstances, within 24
hours, the Clerk of Court concerned serves notices to all interested parties,
indicating therein the date of hearing, through the fastest means available.
(3)
Unless a shorter period is deemed necessary by the circumstances, within 2
days from receipt of the notice of hearing, any interested party may file an
61
opposition with the Law Department of the COMELEC.
(4)
The COMELEC proceeds to hear the petition. The COMELEC may delegate
the hearing of the case and the reception of evidence to any of its officials
who are members of the Philippine Bar.
(5)
The COMELEC then decides whether to grant or deny the petition. This
lies within the exclusive prerogative of the COMELEC.
The proclamation of the winner does not prevent COMELEC from
continuing with the pre-proclamation controversy against the winner and
after annulling its proclamation. PETITION TO ANNUL OR SUSPEND
PROCLAMATION The filing with the COMELEC of a petition to annul or
to suspend proclamation suspends the running of the period to file an
election protest. (Alangdeo v. COMELEC, June 1989) No law provides for a
reglementary period within which to file a petition for the annulment of an
election if there is as yet no proclamation. (Loong v. COMELEC, 257 SCRA
1) There is no fixed time frame within which to file a petition to annul a
proclamation, the same being limited only by the standard of
reasonableness.
No 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
DISQUALIFICATION CASES Grounds for disqualification See discussion
under Certificates of Candidacy.
Priority of disqualification cases The COMELEC and the courts shall give
priority to cases of disqualification for violation of the Omnibus Election
Code, to the end that a final decision shall be rendered not later than 7 days
before the election in which the disqualification is sought. (Sec. 72, BP 881)
Procedure WHO MAY FILE: Any citizen of voting age, or Any duly
registered political party, organization or coalition of political parties
WHERE: Law Department of the COMELEC WHEN: Any day after the last
day for filing of certificates of candidacy, but not later than the date of
proclamation Effect of disqualification case 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. If for any reason a candidate is not
disqualified before an election and he is subsequently voted for and
receives the winning number of votes in such election, the COMELEC or
the courts shall continue with the trial and hearing of the action, inquiry, or
protest and may order the suspension of the proclamation of such
candidate during the pendency of the case upon motion of the complainant
or any intervenor, provided that evidence of his guilt is strong. (Sec. 6, R.A.
6646) The fact that the candidate who obtained the highest number of votes
is later declared to be disqualified or not eligible for the office to which he
was elected, does not necessarily entitle the candidate who obtained the
second highest number of votes to be declared the winner of the elective
office. Sanchez vs Comelec (153 SCRA 67) Supreme Court said Sanchez’
petition for recount and/or reappreciation of ballots may NOT be
considered a pre-proclamation controversy for the ff. reasons: a)
b) c)
d)
e)
An election return is “incomplete” if there is an omission in the election
return of the name of any candidate and/or his corresponding votes, or in
case the number of votes for a candidate had been omitted. Here, the name
of Sanchez as well as the number of votes counted and appreciated in his
favor by the BEI. Errors in appreciation of ballots by the BEI are proper
subject for an election protest and not for a pre-proclamation contest.
Appreciation of votes is not part of the proceedings of the Board of
Canvassers, it is performed by the BEI at the precinct level. Enumeration of
issues which may be raised in a preproclamation controversy under sec.
243 BP 881 is restrictive and exclusive. The complete election returns whose
authenticity is not in question must be prima facie considered valid for the
purpose of canvass and proclamation. To expand the issues beyond those
enumerated in sec. 243 and allow recount or re-appreciation where a claim
62
of misdeclaration of stray votes is made would open the floodgates to such
claims and paralyze canvass and proclamation proceedings, given the
propensity for the loser to demand a recount. The policy of the law is that a
pre-proclamation controversy should be summarily decided. The ground
for recount relied upon is clearly not among the issues that may be raised
in a pre-proclamation controversy. His allegation of invalidation of
“Sanchez” votes intended for him bears no relation to the correctness and
authenticity of the election returns canvassed.
Patoray vs Comelec (279 SCRA 470)
Objections to the inclusion of election returns are directed primarily at the
ballots reflected in the returns, this involves appreciation of ballots and
cannot be raised in an election protest. Balindong vs Comelec (260 SCRA
494) Technical examination of signatures and thumb marks of voters runs
counter to the nature and scope of a pre-proclamation contest; the remedy
is to raise these issues in an election protest. Alfonso vs Comelec (June 2,
1994) The prayer for re-opening of ballot boxes is not a proper issue in a
pre-proclamation controversy but should be threshed out in an election
contest Villaroya vs Comelec (155 SCRA 633) In a pre-proclamation
contest, the Comelec may order the correction of a clerical error in the
Statement of Votes (by Board of Canvassers) to correspond to the figures
reflected in the election returns— even if the candidate/ representative
failed to file the timely protest during canvassing, as the error in the
Statement of Votes was not apparent on its face. Duremdes vs Comelec
(178 SCRA 746) Failure to object to the Statement of Votes before the Board
of Canvassers is not a bar to raising the issue before the Comelec for the
first time; the law is silent as to when they may be raised. Castromayor vs
Comelec (250 SCRA 298) Any party dissatisfied with the ruling of the BoC
shall have the right to appeal to the Comelec. Since the Statement of Votes
which was to be corrected by the Board forms the basis of the Certificate if
Canvass and the proclamation, petitioner begs the question by saying that
this is not a pre-proclamation controversy and the procedure for PPC
cannot be applied to the correction of the computation of the total number
of votes obtained by the candidates in the Statement of Votes. Mentang vs
Comelec (Feb. 4, 1994) The SC declared it has already ruled that the filing
of a petition to annul a proclamation suspends the running of the 10-day
period within which to file an election contest, provided that the
allegations, which when proved, will render the proclamation null and
void. Such petition may be filed directly with the Comelec even as a pre-
proclamation controversy, provided it is done within ten days after
proclamation Bince vs Comelec (242 SCRA 273) Comelec may annul a
proclamation on account of a mathematical error committed by the Board
of Canvassers in the computation of votes received. Petition for correction
may be filed at any time before proclamation and there is nothing to
suggest this cannot be applied when validity of proclamation is precisely
in question. Ututalum vs Comelec (181 S 335) Padding of Registry of Voters
of a municipality not a listed ground for pre-proclamation controversy
Lazatin vs Comelec (157 SCRA 337) Issue of validity of proclamation and
irregularities connected therewith is a matter properly addressed to the
HRET. Darantinao vs Comelec (June 1989) Comelec has the power to
inquire whether members of the Board of Canvassers are qualified or not,
whether or not an election had been held in a precinct, in order to
determine the integrity of the election returns Alangdeo vs Comelec (June
1989)
The filing with the Comelec of a petition to annul or suspend the
proclamation shall suspend the period to file an election protest. Mayor vs
Comelec (Jan. 1989)
representation from the political parties and the parties or organizations
registered under the party-list system represented therein. (Art. VI, Sec. 17,
1987 Constitution)
After proclamation and assumption of office, the proper remedy is an
election protest, not a pre-proclamation controversy.
For purposes of election contests cognizable by the Electoral Tribunals, the
rules of procedure of such tribunals shall prevail over the provisions of the
Omnibus Election Code. (Lazatin v. HRET, 168 SCRA 39)
ELECTION CONTESTS
COMELEC
Election contests, defined
63
The COMELEC has exclusive original jurisdiction over all election contests
relating to the elections, returns, and qualifications of all elective:
These are adversarial proceedings by which matters involving the title or
claim to an elective office, made before or after proclamation of the winner,
is settled whether or not the contestant is claiming the office in dispute.
The purpose of an election contest is to ascertain the candidate lawfully
elected to office.
(1) Regional Officials; (2) Provincial Officials; and (3) City Officials
Decisions in these cases may be appealed to the Supreme
Nature of election contests An election contest is imbued with public
interest. The election contest must be liberally construed to favor the will of
the people. An election contest may not be defeated by mere technical
objections. Until and unless the election protest is decided against him, a
person who has been proclaimed as duly elected has the lawful right to
assume and perform the duties and functions of the office. Distinction
between Pre-Proclamation Controversy and Election Contest 1) The
Dividing line: Proclamation of candidate 2) Jurisdiction A. Pre-
proclamation controversy 1.The jurisdiction of COMELEC is
administrative/quasi-judicial 2.It is governed by the requirements of
administrative due process B. Election contest 1.The jurisdiction of
COMELEC is judicial 2.It is governed by the requirements of judicial
process 3)
4)
In some cases, even if the case (involving municipal officials) began with
the COMELEC before proclamation but a proclamation is made before the
controversy is resolved, it ceases to be a pre-proclamation controversy and
becomes an election contest cognizable by the RTC. However, in some
cases, the SC has recognized the jurisdiction of COMELEC over municipal
cases even after proclamation.
Jurisdiction over election contests
Court. The COMELEC has appellate jurisdiction over all contests involving
elective municipal officials decided by trial courts of general jurisdiction
(i.e., Regional Trial Courts) or involving elective barangay officials decided
by trial courts of limited jurisdiction (i.e., the Municipal Trial Courts).
Decisions, final orders, or rulings of the COMELEC on election contests
involving elective municipal and barangay offices shall be final, executory
and not appealable. (Sec. 2, Art. IX-C, 1987 Constitution) Note, however,
that this does not preclude a recourse to the Supreme Court by way of a
special civil action for certiorari. (Galido v. COMELEC, 193 SCFA 78)
Regional and Municipal Trial Courts The Regional Trial Courts and
Municipal Trial Courts have exclusive original jurisdiction over municipal
and barangay officials, respectively. It must be noted that cases involving
qualifications of candidates for the Sangguniang Kabataan filed before the
election are decided by the Election Officer, while those filed after the
election are decided by the MTCs. (Nachura, p. 389) Powers of the
COMELEC in relation to election contests The power of COMELEC to
decide election cases includes the power to determine the validity or
nullity of votes. The COMELEC has the power to issue writs of certiorari,
prohibition, and mandamus. However, this power can only be exercised in
aid of its appellate jurisdiction. (Relampagos v. Cumba, 243 SCRA 690)
Kinds of election contests There are 2 kinds of election contests that may be
filed: an election protest, and a quo warranto case. Election Protest
Supreme Court
WHO MAY FILE:
The Supreme Court, sitting en banc, shall be the sole judge of all contests
relating to the election, returns, and disqualifications of the President, Vice-
President, and may promulgate its rules for such purpose. (Art. VII, Sec. 4,
1987 Constitution)
Any candidate who has filed a certificate of candidacy and has been voted
upon for the same office, and who has not himself caused or contributed to
the irregularities or frauds of which he complains
Electoral Tribunals of the Senate and House of Representatives The Senate
and the House of Representatives have their own electoral tribunals. Each
64
electoral tribunal has 9 members: 3 Supreme Court Justices, 6 members of
the Senate or House of Representatives, as the case may be, who shall be
chosen on the basis of proportional
GROUNDS: Fraud, terrorism, irregularities or illegal acts committed
before, during or after the casting and counting of votes PERIOD FOR
FILING:
Within 10 days from proclamation of the results of the election
Galido vs. Comelec (193 SCRA 78)
Where, after 5 days from the proclamation of the winning candidate, the
loser files a motion for reconsideration in the pre-proclamation
controversy, there are only 5 days which remain of the period within
which to file an election protest. (Roquero v. COMELEC, 289 SCRA 150)
The fact that decisions, final orders or rulings of the Comelec in appealed
cases involving elective municipal and barangay officials are final,
executory and unappealable does not preclude a recourse to the Supreme
Court by way of a special civil action for certiorari. (But only when
Comelec’s factual determination is marred by grave abuse of discretion =
Alvarez vs. Comelec)
PROCEDURE: Puzon vs. HRET (Feb. 1989)
A.
For protests filed with the COMELEC (Rule 20 vis-à-vis Rules 10-19,
COMELEC Rules of Procedure)
(1) Protestant files a verified petition with the COMELEC within 10 days
from proclamation and pays the required docket fees. Failure to pay the
basic docket fee will result in the dismissal of the protest. (Gatchalian v.
COMELEC, 245 SCRA 208) (2)
The Clerk of Court of the COMELEC or the division concerned issues the
corresponding summons to the protestee within 3 days from the filing of
the petition.
(3)
Protestee must file an answer within 5 days from service of summons and
a copy of the petition. The protestee may incorporate in his answer a
counter-protest or counterclaim. The COMELEC may not entertain a
counter-protest filed beyond the reglementary period to file the same. (Kho
v. COMELEC, G.R. No. 124033, Sept. 25, 1997)
(4)
Lazatin vs. HRET (168 SCRA 391) For purposes of election contests
cognizable by the Electoral Tribunal, the HRET rules of procedure shall
prevail over the provisions of the Omnibus Election Code.
B.
After the issues have been joined, the case shall be set for hearing and
presentation and reception of evidence.
Protestant files a verified petition with the RTC within 10 days from
proclamation.
(2)
Protestee must file an answer within 5 days after receipt of notice of the
filing of the petition and a copy of the petition. Should the protestee desire
to impugn the votes received by the protestant in other precincts, he may
file a verified counter-protest within the same period fixed for the filing of
the answer.
(3)
Protestant has 5 days from receipt of the counter-protest to file his answer
to such counter-protest.
(4)
65
Any other candidate for the same office may intervene in the case within 5
days from filing of the protest by filing a verified petition-inintervention.
The protestant or protestee shall answer the protest-inintervention within 5
days after notice.
(5)
If no answer is filed to the protest, counter-protest or protest-inintervention
within the specified time limits, a general denial is deemed to have been
entered.
(6)
After the issues have been joined, the case shall be set for hearing.
Presentation and reception of evidence shall be completed within 30 days
from the date of the commencement thereof.
(7)
The Court shall decide the election contest within 30 days from the date it
is submitted for decision, but in every case within 6 months after its filing.
Such decision shall declare who among the parties has been elected, or in a
proper case, that none of them has been legally elected.
(8)
The decision becomes final 5 days after its promulgation. No motion for
reconsideration shall be entertained. Should an aggrieved party wish to
appeal the decision to the COMELEC, he may do so by filing a notice of
appeal within 5 days from promulgation of the decision.
(6) After the case has been submitted for decision, the COMELEC shall
render its decision. If the case is being heard by a Division, the case shall be
decided within 10 days. If it is being heard by the COMELEC en banc, it
shall be decided within 30 days. (7)
The decision of a division becomes final and executory after the lapse of 15
days following its promulgation. The aggrieved party may file a timely
motion for reconsideration within 5 days from promulgation of the
decision on the grounds that the evidence is insufficient to justify the
decision; or that the said decision is contrary to law. For the COMELEC en
banc, the decision becomes final and executory 30 days from its
promulgation.
Veloria vs Comelec (211 SCRA 907) A motion for the reconsideration of the
RTC decision is a prohibited pleading and does not interrupt the 5-day
period for appeal. Garcia vs. De Jesus (206 SCRA 779) But the Comelec
cannot deprive the RTC of its competence to order execution of its decision
pending appeal, this being a judicial prerogative and there being no law
not authorizing the same; besides, the Comelec rules would deprive the
prevailing party of a substantial right to move for such relief. Relampagos
vs. Cumba (243 SCRA 502) In the exercise of its exclusive appellate
jurisdiction, the Comelec has the power to issue writs of prohibition,
mandamus or certiorari, because the last par. of sec. 50 BP 697 is still in full
force and effect and has not been repealed nor amended by BP 881.
(abandons Veloria and Garcia)
For protests filed with the Regional Trial Courts (Rule 35, COMELEC Rules
of Procedure)
(1)
Protestant has 5 days from receipt of the answer or answer with
counterclaim or counter-protest to file his reply or answer to
counterprotest or counterclaim, respectively. If no answer is filed to the
protest or counter-protest, a general denial is deemed to have been entered.
(5)
The Supreme Court declared the review of a decision of the Electoral
Tribunal is possible only in the exercise of supervisory or extraordinary
jurisdiction, and only upon showing that the Tribunal’s error results from a
whimsical, capricious, unwarranted, arbitrary or despotic exercise of
power. 66
EFFECT OF DEATH OF PROTESTANT The death of the protestant does
not extinguish an election protest. An election protest is imbued with
public interest which raises it onto a plane over and above ordinary civil
actions, because it involves not only the adjudication of the private interest
of the rival candidates but also the paramount need of dispelling once and
for all the uncertainty that beclouds the real choice of the electorate with
respect to who shall discharge the prerogatives of the office within their
gift. (De Castro v. COMELEC, 267 SCRA 806) However, it is not the heirs
of the deceased who shall be the
successors-in-interest to the suit, but the succeeding candidate-elect. For
example, if the deceased was a candidate for governor, the real party in
interest in the continuation of the proceedings is the Vice-Governor-elect,
as he or she will succeed in the event that the protestant is declared to be
the person lawfully elected to the office.
2) 3)
SC without jurisdiction, HRET proper forum as sole judge of all contests
relating to the election, returns and qualifications of House of Rep.
members As a de facto officer, Daza cannot be made to reimburse funds
disbursed during his term of office, bec. his acts are valid.
Arao vs. Comelec (210 SCRA 290)
Frivaldo vs. Comelec (174 SCRA 245)
Failure of protestant to raise the question of identical handwriting or of
impugning the validity of the ballots on that ground does not preclude the
Comelec from rejecting the ballots. Unlike an ordinary suit, an election
protest is a public concern. The rights of the contending parties must yield
to the far greater interest of the citizens in upholding the sanctity of the
ballot. Thus, the Comelec simply cannot close its eyes to the illegality of the
ballots even if the protestant omitted to raise the ground in his protest.
Since Frivaldo’s copy of certificate of naturalization obtained only in Sept.
1988, the petition for disqualification may still be considered as having
been seasonably filed even if filed more than seven months from the
proclamation.
Emi vs. Comelec (243 SCRA 706) The Court whether ballots had written by
only one handwriting experts, internal process
upheld the authority of been written by one or hand, without need of this
investigation being
the Comelec to determine two persons, or in groups calling for the services
of more in the nature of an
Bulaong vs Comelec (220 SCRA 745)
Miriam Defensor Santiago vs. Fidel Valdez Ramos (253 SCRA 599) Election
protest filed by Santiago rendered moot and academic by the election of
Santiago as a Senator in the May 1995 elections and assumption of office,
thus effectively considered as having abandoned or withdrawn her protest
or at the very least, in the language of Moraleja v Relova, abandoned her
“determination to protect and pursue the public interest involved on who
is the real choice of the electorate.” Gatchalian vs Comelec (245 SCRA 208)
The period for filing an election protest is suspended during the pendency
of a pre-proclamation controversy. The protestant has to pay a docket fee
of P300.00 and an additional docket fee if there is a claim for damages. For
failure to pay the basic docket fee, the protest should be dismissed. Poe vs.
Gloria Macapagal-Arroyo (PET Case No. 002, March 29, 2005) The
Supreme Court said that if persons not real parties in the action could be
allowed to intervene, proceedings will be unnecessarily complicated,
expensive and interminable—and this is not the policy of the law.
Inasmuch as no real parties such as the vice-presidential aspirants in the
2004 elections have come forward to intervene, or to be substituted for the
deceased protestant, it is far more prudent to abide by the existing and
strict limitations on intervention and substitution under the law and the
rules. Quo Warranto
GROUNDS: the Philippines
Any registered voter in the constituency Ineligibility or disloyalty to the
Republic of
67
PERIOD FOR FILING: of the results of the election
Within 10 days from proclamation
Sampayan vs. Daza (213 SCRA 807) Petition for prohibition filed by
residents of N. Samar in the Supreme Court against Cong. Daza dismissed:
1)
Actual or compensatory damages may be granted in all election contests or
in quo warranto proceedings in accordance with law. (Sec. 259, B.P. 881)
EVIDENCE ON THE ELECTION The following may be used as evidence
in contesting the results of the election: Election Returns
An order regarding the revision of ballots is an interlocutory order because
it still requires a party to perform certain acts leading to the final
adjudication of the case
WHO MAY FILE:
Award of damages
because case already moot and academic, Daza’s term to end in June 30,
1992
Election returns are properly used as evidence in an election contest when
what is involved is the correctness of the number of votes of each
candidate, and the ballots cannot be produced or are not available. Ballots
Ballots are properly used as evidence when the election returns are not
available. Poll-Books and Tally Sheets Poll-books and tally sheets may be
used as evidence where by law, poll-books or tally sheets are required to
be kept. Election Officials Election officials may be called to testify in the
absence of ballots, tally sheets or poll-books. Voters Voters may testify
where the illegality consists in the casting of votes by persons unqualified,
unless it can be shown for whom they voted, it cannot be allowed to
change the result. Certificate of Votes The provisions of Sections 235 and
236 of the Omnibus Election Code notwithstanding, the certificates of votes
shall be admissible in evidence to prove tampering, alteration, falsification
or any anomaly committed in the election returns concerned, when duly
authenticated by testimonial or documentary evidence presented to the
board of election inspectors who issued the certificate. The failure to
present any certificate of votes shall be a bar to the presentation of other
evidence to impugn the authenticity of the election returns. ELECTION
OFFENSES Jurisdiction over election offenses The Regional Trial Courts
have exclusive original jurisdiction to try and decide any criminal actions
or proceedings for violation of election laws. (Sec. 268, B.P. 881; Juan v.
People, G.R. No. 132378, January 18, 2000) Prosecution of election offenses
•
The COMELEC has the exclusive power to investigate and prosecute cases
involving violations of election laws. (Sec. 2 (6), Art. IX-C, 1987
Constitution; Sec. 268, B.P. 881; De Jesus v. People, 120 SCRA 760)
However, it may validly delegate the power to the Provincial Prosecutor or
to the Ombudsman. - But it is not the duty of the Comelec as investigator
and prosecutor to gather proof in support of a complaint field before it
(Kilosbayan vs. Comelec, GR No. 128054, Oct. 16, 1997) In the event that
the COMELEC fails to act on any complaint within 4 months from its
filing, the complainant may file the complaint with the fiscal or the
Department of Justice, if warranted. (Sec. 265, B.P. 881) Preferential
disposition of election offenses
Acting as bodyguards or security in the case of policemen and provincial
guards during the campaign period (Sec. 261t, B.P. 881)
•
Removal, destruction, obliteration, or tampering of lawful election
propaganda, or preventing the distribution thereof (Sec. 83, B.P. 881 vis-à-
vis Sec. 262, B.P. 881)
Voting
• 68
Vote-buying and vote-selling (Sec. 261a, B.P. 881)
•
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. (Sec. 28, R.A. 6646)
Investigation and prosecution of election offenses shall be given priority by
the COMELEC. The investigating officer shall resolve the case within 5
days from submission. The courts shall give preference to election cases
over all other cases except petitions for writ of habeas corpus. Their trial
shall be commenced without delay and shall be conducted continuously
until terminated, and the case shall be decided within 30 days from its
submission for decision. (Sec. 269, B.P. 881) Election offenses The various
election offenses are enumerated primarily under Sec. 261 of B.P. 881.
However, other election laws provide for other election offenses. Some of
the more significant offenses include the following: Registration
••
electioneering (Sec. 261k, B.P. 881)
Tampering, increasing, decreasing votes, or refusal to correct tampered
votes after proper verification and hearing by any member of the board of
election inspectors (Sec. 27b, R.A. 6646)

•• •

Change or alteration or transfer of a voter's precinct assignment in the Refusal to issue to duly accredited watchers the certificate of votes cast and
permanent list of voters without the express written consent of the voter the announcement of the election, by any member of the board of election
(Sec. 4, R.A. 8189) inspectors (Sec. 27c, R.A. 6646)

Continued misrepresentation or holding out as a candidate of a Canvassing

disqualified candidate or one declared by final and executory judgment to
be a nuisance candidate (Sec. 27f, R.A. 6646); •

•• Knowingly inducing or abetting such misrepresentation of a disqualified

•
or nuisance candidate (Sec. 27f, R.A. 6646); 69
Election Campaign
Dismissal of employees, laborers, or tenants for refusing or failing to vote
for any candidate (Sec. 261d(2), B.P. 881) •

• Coercion of subordinates to vote for or against any candidate (Sec. 261d,

B.P. 881)
Being a flying voter (Sec. 261z (2), B.P. 881)
Counting of Votes Failure of the Board of Election Inspectors to post the
• list of voters in each precinct. (Sec. 9, R.A. 7166);

Coercing, bribing, threatening, harassing, intimidating, terrorizing, or Certificate of Candidacy

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 eliminate all other
potential candidates from running in a special election (Sec. 5, R.A. 8295); •

Appointment or use of special policemen, special agents or the like during Any chairperson of the board of canvassers who fails to give notice of
the campaign period (Sec. 261m, B.P. 881) Use of armored land, water or meeting to other members of the board, candidate or political party as
aircraft during the campaign period (Sec. 261r, B.P. 881) Unlawful required (Sec. 27e, R.A. 6646)

Acts of government or public officers
••
Appointment of new employees, creation of new positions, promotion, or
giving salary increases within the election period (Sec. 261g, B.P. 881)
Transfer of officers and employees in the civil service within the election
period without the prior approval of the COMELEC (Sec. 261h, B.P. 881)
People v. Reyes (247 SCRA 328)
Transfer or detail of a government officer or employee will not be
penalized if done to promote efficiency in the government service. To
prove violation, two elements must concur: 1) The fact of transfer or detail
within the election period as fixed by the Comelec; and 2) The transfer or
detail was made without prior approval of the Comelec, in accordance
with its IRR. Here the transfer was made 1 day prior to Comelec’s issuance
of
Res. No. 2333, which prescribed the rules and regulations on how to obtain
Comelec approval for such transfers.
••••••
Intervening of public officers and employees in the civil service in any
partisan political activity (Sec. 261i, B.P. 881)
•••
Release, disbursement or expenditure of public funds during the
prohibited period (Sec. 261v, B.P. 881)
Art. V, Sec. 1 of the 1987 Constitution states that suffrage "may" be
exercised by qualified citizens of the Philippines, as compared to the 1935
and 1973 Constitutions which used the term "shall." Thus, it can be said
that under the current Constitution, failure to register or to vote is no
longer an election offense.
Construction of public works, etc. during the prohibited period (Sec. 261w,
B.P. 881) Suspension of elective local officials during the election period
without prior approval of the COMELEC (Sec. 261x, B.P. 881)
Coercion of election officials and employees Threats, intimidation,
terrorism, use of fraudulent devices or other forms of coercion (Sec. 261e,
B.P. 881) Use of undue influence (Sec. 261j, B.P. 881) Carrying deadly
weapons within the prohibited area (Sec. 261p, B.P. 881)
Carrying firearms outside residence or place of business (Sec. 261q, B.P.
881) Organization or maintenance of reaction forces, strike forces, or
similar forces during the election period (Sec. 261u, B.P. 881)
Other prohibitions
•••••
Discrimination in the sale of air time (Sec. 261dd (5), B.P. 881) In addition
to the prescribed penalty, such refusal constitutes a ground for cancellation
70
or revocation of the franchise.
Failure to register or vote
It is not necessary that the deadly weapon be seized from the accused
while he was in the precinct or within a radius of 100 meters therefrom;
enough that the accused carried the deadly weapon within the prohibited
radius during any of the days and hours specified in the law.
•
Refusal to carry election mail during the election period (Sec. 261dd (4),
B.P. 881). In addition to the prescribed penalty, such refusal constitutes a
ground for cancellation or revocation of certificate of public convenience or
franchise.
Illegal release of prisoners before and after election (Sec. 261n, B.P. 881)
Mappala v. Judge Nunez (240 SCRA 200)
• Imprisonment of not less than 1 year but not more than 6 years, without
• Deprivation of the right of suffrage
Use of public funds for an election campaign (Sec. 261o, B.P. 881)
Coercion, intimidation, violence •
•
Unauthorized printing of official ballots and election returns with printing
establishments that are not under contract with the COMELEC (Sec. 27a,
R.A. 6646) Wagering upon the results of elections (Sec. 261c, B.P. 881) Sale,
etc. of intoxicating liquor on the day fixed by law for the registration of
voters in the polling place, or the day before the election or on election day
(Sec. 261dd (1), B.P. 881) Opening booths or stalls within 30 meters of any
polling place (Sec, 261dd (2), B.P. 881) Holding fairs, cockfights, etc. on
election day (Sec. 261dd (3), B.P. 881)
Other election offenses under RA 6646 
Person who violated provisions against prohibited forms of election
propaganda
 parties under or pursuant to any order of whatever name or nature and by
If the chairman of the BEI fails to affix his signature at the back of the
official ballot, in the presence of the voter, before delivering the ballot to
the voter. (under RA 7166)
Good faith not a defense Election offenses are generally mala prohibita.
Proof of criminal intent is not necessary. Good faith, ignorance, or lack of
malice is not a defense; the commission of the prohibited act is sufficient.
(People v. Bayona, 61 Phil. 181; People v. Fuentes, 181 Phil. 186) Penalties
For individuals
•••
probation (Sec. 264, B.P. 881) Disqualification to hold public office;
For a Foreigner • •
Imprisonment of not less than 1 year but not more than 6 years (without
probation); Deportation after service of sentence
For a Political Party •
Payment of a fine not less than P10,000 after a criminal conviction
Persons Required by Law to Keep Prisoners in their Custody For prisoners
illegally released from any penitentiary or jail during the prohibited
period, where such prisoners commit any act of intimidation, terrorism or
interference in the election, the Director of the Bureau of Corrections,
provincial warden, jail keeper or persons who are required by law to keep
71
said prisoners in their custody shall, if convicted, be sentenced to suffer
prison mayor in its maximum period. (Sec. 264, B.P. 881) Arrests in
Connection with the Election Campaign No person shall be arrested or
detained at any time for any alleged offense committed during and in
connection with any election through any act or language tending to
support or oppose any candidate, political party or coalition of political
whomsoever issued except only upon a
warrant of arrest issued by a competent judge after all the requirements of
the Constitution have been strictly complied with. Prescription Election
offenses prescribe 5 years from the date of their commission. If the
discovery of the offense be made in an election contest proceeding, the
period of prescription shall commence on the date on which the judgment
in such proceedings becomes final and executory. (Sec. 267, B.P. 881)
Special Laws RA 7941 – Party-List System Act 
Seeks to promote proportional representation

Failed to participate in the last two preceding elections or fails to obtain at
Any party already registered need not register manifestation not later than least 2% of the votes cast under the party-list system in the 2 preceding
90 days before election. elections for the constituency in which it has registered

anew. Nomination of party-list reps should not include any candidate for any
elective office or a person who has lost his bid for an elective office in the
File immediately preceding election Incumbent sectoral representatives in the
House of Representatives who are nominated in the party-list system shall
Grounds for refusing or canceling registration of Party-Lists groups a. not be considered resigned Party List Reps constitute 20% of the total
number of the members of the House of Reps including those under the
Religious sect or denomination, organization party-list How do we determine the number of party list seats in the House
of Reps? Formula: (# of District Reps / 0.80) x 0.20 = # of party list reps •
b.
The 5 major political parties are now entitled to participate in the party list
Advocates violence system

c. • 72
Foreign party or organization Parties receiving at least 2% of the total votes cast for the party-list system
shall be entitled to one seat each
d.
•
Receives foreign support
No party shall be entitled to more than 3 seats
e.
•
Violates election law
Currently, there are 260 (208/0.80) seats. So 20 % of 260 are 52 seats. But
f. this is only a ceiling.

Untruthful statements in its petition •

g. A list with 5 names should be submitted to COMELEC as to who will

represent the party in the Congress.
Ceased to exist for at least one year
•
h.
Ranking in the list submitted determines who shall represent party or
organization.

Q: May political parties participate in the party-list elections? A: Yes,

provided that the political parties themselves represent the marginalized
and under represented sectors, parties and organizations. (Ang Bagong
Bayani-OFW Labor Party v. COMELEC, G. R. No. 147589 26 June 2001).

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