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Election Law

The document discusses the sources and principles of Philippine election law. It defines suffrage as the right and obligation of qualified citizens to vote in elections and decisions submitted to the people. Suffrage is not a natural right but a privilege granted by law, subject to constitutional limitations. The object of suffrage is to enable the people to choose representatives and determine their will on questions submitted to them, in order to ensure government derives its power from the consent of the governed.

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3K views71 pages

Election Law

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320

ELEC TION (1) in the election of certain national and

local officials, and
LAW (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
GENERAL PRINCIPLES consent of the governed. It operates on the
principle of "one man (or one woman), one vote."
Sources of Philippine election law
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
The election laws of the Philippines are
accompaniment of citizenship; it is granted only
contained in the following:
upon the fulfillment of certain minimum
conditions.
• 1987 Constitution
• BP 881 (Omnibus Election Code)
• RA 6646 (Electoral Reforms Law of Object of suffrage
1987)
• RA 6679 (Barangay Elections)
• RA 6735 (Law Providing for Initiative
and Referendum) The object of the right of suffrage is to
• RA 7166 (1991 Synchronized Elections enable the people to choose their representative
Law) to discharge sovereign functions (as in the case of
• RA 7941 (Election of Party-List elections), and to determine their will upon such
Representatives) questions submitted to them (as in the case of
• RA 8189 (Continuing Registration) plebiscite, referendum, initiative and recall.) The
• RA 8436 (Automated Election System) main object of suffrage is the continuity of
• RA 8524 government and the preservation and
• RA 9006 (Fair Election Act of 2001) perpetuation of benefits.

Scope of suffrage
THEORY OF POPULAR SOVEREIGNTY

Suffrage encompasses the following:

(1) Election
Art. II, Sec. 1 1987 Constitution: Election is the means by which the people
choose their officials for definite periods and to
The Philippines is a democratic whom they entrust, for the time being as their
and republican state. representatives, the exercise of powers of
Sovereignty resides in the government. It involves the choice of candidates
people and all government to public office by popular vote.
authority emanates from them.
(2) Plebiscite
Plebiscite is the submission of constitutional
A democratic and republican government amendments or important legislative measures to
derives all its powers, directly or indirectly, from the people for ratification.
the people at large. Its essence is indirect rule.
Actual sovereignty is exercised by the people by (3) Referendum
means of suffrage. 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
Suffrage defined 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;
Suffrage is the right and obligation of
and
qualified citizens to vote:

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

(a) Initiative on the Constitution which • Defining the qualifications of

refers to a petition proposing voters
amendments to the Constitution; • Regulating elections
• Prescribing the form of official
(b) Initiative on statutes, which refers ballot
to a petition proposing to enact a • Providing for the manner of
national legislation; choosing candidates and the
names to be printed on the ballot
(c) Initiative on local legislation which • Regulating the manner of
refers to a petition proposing to conducting elections
enact a regional, provincial, city, • Suppressing whatever evils
municipal or barangay law, incident to the election of public
resolution or ordinance officers, pursuant to its duty to
secure the secrecy and sanctity
Note of the ballots under Art. V, Sec.
that in the case of Santiago v. 2 of the 1987 Constitution.
COMELEC, the Supreme Court held that
there is no law yet that is sufficient What are the substantive requirements for
enough for proposing amendments to the exercise of suffrage?
the Constitution. R.A. 6735 was
deemed sufficient for statutory The only substantive requirements to exercise
amendments but not Constitutional the right to vote are:
amendments.
(1) Citizenship
(5) Recall (2) Age
(3) Residency
Recall is (4) Absence of disqualifications
the termination of official relationship of a
local elective official for loss of confidence Filipino citizenship
prior to the expiration of his term through the
will of the electorate. This may be by birth or naturalization.

Age
Who can exercise
Must be at least 18 at the time of the election.

Residence
Under Art. V, Sec. 1 of the 1987
For the purposes of election law,
Constitution, the right of suffrage may be
residence is synonymous with domicile. Art. 50
exercised by all citizens of the Philippines who
of the Civil Code provides that “for the existence
are:
of civil rights and the fulfillment of civil
obligations, the domicile of natural persons is the
(1) not otherwise disqualified by law,
place of their habitual residence.” Domicile
(2) at least 18 years of age, and
includes the twin elements of “the fact of residing
(3) have resided in the Philippines for
or physical presence in a fixed place” and animus
at least 1 year, and in the place

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

Every person is deemed to have his It is the fact of residence,

domicile somewhere, and when it has been not a statement in the certificate of
acquired, it will be deemed to continue until a candidacy which ought to be decisive in
new one has been acquired. Temporary absences determining whether or not an individual
although frequent or long continued, will not, has satisfied the Constitution’s residency
while the person has a continuous intention to qualification requirement.
return, deprive him of his domicile and right to
vote. To successfully effect a
change of domicile, one must
Any person who temporarily resides in demonstrate: (1) an actual removal or an
another city, municipality or country solely by actual change of domicile; (2) a bona fide
reason of his occupation, profession, employment intention of abandoning the former place
in private or public service, educational activities, of residence and establishing a new one;
work in the military or naval reservations within and, (3) acts which correspond with the
the Philippines, service in the AFP, the PNP, or purpose.
confinement or detention in government
institutions in accordance with law, shall not be Aquino v. COMELEC (248 SCRA 400)
deemd to have lost his original residence. (Sec.
9, R.A. 8189) The
place where a party actually or
It is not necessary that a person should constructively has his permanent home,
have a house in order to establish his residence where he, no matter where he may be
or domicile in a municipality. It is enough that he found at nay given time, eventually
should live there, provided that his stay is intends to return and remain, i.e., his
accompanied by his intention to reside therein domicile, is that to which the Constitution
permanently. refers when it speaks of residence for the
purpose of election law. The purpose is
Literacy requirements to exclude strangers or newcomers
unfamiliar with the conditions and needs
The Constitution imposes no literacy of the community from taking advantage
requirements; hence illiterates have the right to of favorable circumstances existing in
vote. that community for electoral gain.

Property requirements
Disqualifications
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
(1) Persons sentenced by final judgment
concept of a republican government, but with the
to suffer imprisonment for not less
social justice principle of equal opportunity as
than one (1) year. (Note: he / she
well.
shall automatically re-acquire the right
to vote upon the expiration of 5 years
Formal education
after the service of sentence.)
Formal education is no guarantee for
(2) Persons adjudged by final judgment of
good citizenship or intelligent voting.
having committed any crime involving
disloyalty to the duly constituted
Sex
government (e.g. rebellion, sedition,
violation of the firearms law) or any
There is no adequate or justifiable basis
crime against national security.
for depriving women of equal voting rights.
(Note: he / she shall automatically
re-acquire the right to vote upon the
Taxpaying Ability
expiration of 5 years after the service
of sentence.)
This is related to property requirement.
(3) Insane or incompetent persons as
declared by competent authority.

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

• Natural born citizens • Fixing of other reasonable

• At least 35 years old periods for certain pre-election
• Holders of a college degree requirements (BP 881, Sec.
• Must not have been candidates 52m)
for any elective position in the
immediately preceding elections • Declaration of failure or
• Majority of the members, postponement of elections, as
including the chairman, should well as call for special elections
be members of the Bar who (Sec. 4, RA 7166)
have been engaged in the
practice of law for at least 10 • Prescribe forms, as well as use
years. or adoption of latest
technological and electronic
The chairman and the commissioners are devices (BP 881, Sec. 52 g, i)
to be appointed by the President with the consent
of the Commission on Appointments. • Annulment or cancellation of
illegal registry lists of voters and
The Commissioners serve for 7 years ordering the preparation of a new
without reappointment, under staggered terms of one;
2 years internal: of 3 commissioners first
appointed, 3 shall hold office for 7 years, 2 for 5 • Cancellation of the canvass of
years, and the rest for 3 years. A member election returns and annulment
appointed to fill a vacancy shall serve only for the of a proclamation based on
unexpired term to preserve the staggered terms incomplete results. (Note,
of office. The staggering of terms makes however, that the COMELEC
the COMELEC a continuing and self-perpetuating does not have the power to
body, and consequently its members would have annul an election which may not

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

• To issue warrants of arrest; (5) Register political parties, etc. (Art. IX-
C, Sec. 2 (5), 1987 Constitution)
• Of certiorari, prohibition and
mandamus (Note: but only (6) Accredit citizens' arms (Art. IX-C, Sec.
in exercise of its appellate 2 (5), 1987 Constitution)
jurisdiction; Relampagos v.
Cumba, ) (7) Investigation and prosecution of
cases of violation of election laws
(Art. IX-C, Sec. 2 (5), 1987 Constitution)
(3) Decide all questions affecting
elections (Art. IX-C, Sec. 2 (3), The COMELEC has the power of a
1987 Constitution) public prosecutor with the exclusive
authority to conduct the preliminary
The power of the COMELEC to investigation and the prosecution of

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

• for pardon, amnesty, parole, Quasi-Judicial Powers

suspension of sentence for
violation of election laws,
rules and regulations (Art.
IX-C, Sec. 5 1987
Jurisdiction
Constitution;
This is to prevent the
The COMELEC has exclusive original
possibility of the President
jurisdiction over all contests relating to the
granting executive clemency
election, returns and qualifications of all elective,
for political reasons.)
regional, provincial and city officials.

The COMELEC has exclusive appellate

(10) Supervision / Regulation, for the
jurisdiction over all contests involving municipal
duration of the election period, of use
officials decided by the RTC, or involving elective
of all franchises or permits for
barangay officials decided by the MTC. In these
operation of:
cases, the decisions therein shall be final,
executory and unappealable. (Art. IX-C, Sec. 2
• transportation and other public
(2), 1987 Constitution)
utilities;

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

The COMELEC may sit en banc or in 2 The Supreme Court has no power of
divisions. supervision over the COMELEC except to review
its decisions on petitions by certiorari. The
As a general rule, election cases shall be certiorari jurisdiction of the Supreme Court is
heard and decided in division. confined to instances of grave abuse of discretion
amounting to patent and substantial denial of due
Decisions that must be rendered by the process committed by it in the exercise of its
COMELEC en banc include: quasi-judicial powers.

• Decisions on motions for

reconsideration (Art. IX-C,
Sec. 3, 1987 Constitution);
• Petitions for correction of
manifest errors in the
Statement of Votes (Sec. ELECTIONS IN GENERAL
5, Rule 27 of the 1993
Rules of the COMELEC);
• Questions pertaining to
Kinds of elections
proceedings of the Board of
Canvassers (Mastura v.
COMELEC, 285 SCRA 493)
• Postponement of election
(Sec. 4, R.A. 7166) General election
• Declaration of failure of
election (Sec. 4, R.A. It is one provided for by law for the
7166) election to offices throughout the State or a
• Calling of special elections certain subdivision thereof, after the expiration of
(Sec. 4, R.A. 7166) the full term of former officers.

Special election
Time Period and Votes Required
It is one provided for by law under
The COMELEC shall decide by a majority vote special circumstances.
of all its members any case or matter brought
before it within 60 days from the date of its It is an election held to fill a vacancy in
submission for decision or resolution. (Art. IX-A, an office before the expiration of the full term for
Sec. 7 1987 Constitution) which the incumbent was elected, or an election
at which some issue or proposition is submitted to
the vote of the qualified electors.
Judicial Review

Unless otherwise provided by the Authority for Holding Elections

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 In order to hold a valid election, authority
thereof. (Art. IX-A, Sec. 7, 1987 Constitution) to hold it must be found conferred by the people,
either directly through the Constitution which
What is contemplated in this provision they themselves have ordained, or indirectly,
are decisions, orders or resolutions rendered by through the enactments of their legal
the COMELEC in the exercise of its adjudicatory or representatives, the legislature.
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.
Date of Election Under the Law

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

In accordance with the Constitutional Laws providing for the calling and holding
policy to synchronize elections, there is a of elections usually provide that they shall be
simultaneous conduct of elections for national and conducted by certain officers, elected or chosen
local officials once every 3 years. Under R.A. by certain methods, and that the result shall be
7166, elections shall be held on the 2nd Monday of ascertained and published in a manner
May. prescribed.

The President and Vice-President are Regulations of this nature are

elected on the same day every 6 years. indispensable to the orderly and efficient conduct
of the election, and an election held by persons
Senators, Elective Members of the House without any color of authority to do so, or without
of Representatives, and Elective Provincial, City any attempt to observe the methods prescribed,
and Municipal Officials are elected on the same is invalid.
day every 3 years, except with respect to the
Senators, only 12 of whom shall be elected every Manner of Holding Elections
3 years.

Barangay Elections are held on the same

day, and every 5 years thereafter, the term for
While the manner of holding elections
elective barangay officials having been extended
must be regulated, it is obvious that the manner
from 3 years to 5 years. (R.A. 7160, Sec. 43 (c)
prescribed is intended simply to secure the
as amended by R.A. 8524)
correct result. Manner and form should not be
allowed to defeat the undoubted will of the people
clearly expressed. (C.J. Simpson)
Time for Holding Elections
Regulations prescribed are merely
directory, and a failure to observe them fully will
not invalidate the election, where an election has
A fixed and ascertained time for holding been held in good faith and irregularities do not
an election is indispensable to the full and affect the result.
effectual exercise of the right to vote. The time
must be fixed by the authoritative power (i.e. the Where a special election is provided for,
Constitution; laws in the case of regular elections; but no method of holding it is declared, it will be
the executive or other designated power in the sufficient if it is held in the manner prescribed for
case of special elections). the holding of general elections.

Enactments declaring the time at which

an election shall be held are deemed to be
matters of substance and must be substantially PRE-ELECTION REQUIREMENTS
observed or the election will be void. Substantial
observance is sufficient and slight variations will
PRECINCTS AND POLLING PLACES
not invalidate the election.

Precincts
Place for Holding Elections

Precinct, defined
The place for holding elections shall be
fixed by general law or by a proclamation or by PRECINCT: unit of
the notice by which the election is called. Such territory for the purpose of voting (Sec. 149, BP
designated place shall be mandatory. 881)

In case of emergencies which

necessitates the changing of a polling place,
adequate general notice must be given.

Holding of Election by Proper Officers Establishment of Precincts

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

At least 5 days before the first Inspection of polling places

registration day and until after the election,
referendum, or plebiscite, the COMELEC shall post Before the day of the election,
in the city or municipal hall and in 3 other referendum or plebiscite, the Chairman of the
conspicuous places and on the door of each COMELEC shall, through its authorized
polling place, a map of the city or municipality representatives, see to it that all polling places
showing its division into precincts. Such maps are inspected and such omissions and defects as
shall be kept posted until after the election, may be found corrected. (Sec. 163, BP 881)
referendum or plebiscite. (Sec. 151, BP 881)

OFFICIAL BALLOTS, ELECTION RETURNS

Polling Places & BALLOT BOXES

Form and Contents of ballots

Polling place, defined

POLLING PLACE: Building or place

The ballots shall:
where the Board of Election
Inspectors conducts its
• be uniform in size;
proceedings and where the
voters cast their votes (Sec. 152,
• be printed in black ink on
BP 881)
white security paper with
distinctive, clear and legible
Designation of polling places
watermarks that will readily
distinguish it from ordinary
The COMELEC may introduce changes in
paper;
the location of polling places when necessary
after notice to the registered political parties and
• be in the shape of a strip with
candidates affected if any, and hearing. No
stub and a detachable coupon
location shall be changed within 45 days before a
containing the serial number of
regular election and 30 days before a special
the ballot and a space for the
election, referendum or plebiscite except when it
thumbmark of the voter on the
is destroyed or it cannot be used. (Sec. 153, BP
detachable coupon;
881)
• bear at the top middle portion
Arrangements and Contents of Polling Places
the coat-of-arms of the
Republic, the words, “Official
Each polling place shall have at least 10

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

[Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures]
[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
329
Ballot”, the name of the city or
municipality and the province,
the date of the election and The official ballots and election
the following notice in English, returns shall be printed by the Government
“Fill out this ballot secretly Printing Office and/or the Central Bank printing
inside the voting booth. Do facilities exclusively, under the exclusive
not put any distinctive mark on supervision and control of the COMELEC which
any part of this ballot”; shall determine and provide the necessary
security measures in the printing, storage and
• contain the names of all the distribution thereof. (Sec. 184, BP 881)
offices to be voted for, allowing
opposite the name of each The registered political parties or
office, sufficient space or coalitions of parties (or their components should
spaces with horizontal lines there be any dissolution or division of said
where the voter may write the coalition) whose candidates obtained at least 10%
name or names of the of the total votes cast in the next preceding
individual candidates voted for senatorial election are each entitled to have a
by him; watcher and/or representative in the procurement
and watermarking of papers to be used in the
• have nothing printed or written printing of election returns and official ballots,
at the back except the and in the printing, numbering, storage and
signature of the chairman of distribution thereof. (Sec. 8, R.A. 6646)
the Board of Election
Inspectors
Requisition and Distribution
In cities or municipalities where Arabic is
of general use, ballots shall have each of the titles
of the offices to be voted for printed in Arabic in
addition to and immediately below the English
The official ballots and election returns
title.
shall be distributed to each city and municipality
at the rate of one and one-fifth ballots for every
Notwithstanding the preceding
voter registered in each polling place, and for
provisions, COMELEC may prescribe a different
election returns, at the rate of one set for every
form of official ballot on the same watermarked
polling place. (Sec. 186, BP 881)
security paper to facilitate the voting by illiterate
voters only and to use or adopt the latest
The ruling party and the dominant
technological and electronic devices in connection
opposition party shall submit the names of their
therewith. (Sec. 23, R.A. 7166)
watchers who, together with the representatives
of the COMELEC and the provincial, city, and
municipal treasurers shall verify the contents of
Emergency Ballots the boxes containing the shipment of official
ballots, election returns and sample official
ballots. (Sec. 189, BP 881)

As a general rule, no ballots

other than the official ballots shall be used or Publication
counted. However, so-called "emergency ballots"
may be used in the event of failure to receive the
official ballots on time, or where there are no
The COMELEC shall publish at least 10
sufficient ballots for all registered voters, or
days before an election, in a newspaper of
where they are destroyed at such time as shall
general circulation, certified data on the number
render it impossible to provide other official
of ballots and returns and the names and
ballots. In these cases, the city or municipal
addresses of the printers and the number printed
treasure shall provide other ballots which shall be
by each.
as similar to the official ones as circumstances will
permit and which shall be uniform within each
polling place. (Sec. 182, BP 881)

Ballot boxes
Printing of official ballots and election
returns

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

The Board shall be composed of the

Registration refers to the act of
following:
accomplishing and filing of a sworn application for
registration by a qualified voter before the
(1) Chairman: Election Officer. In case
election officer of the city or municipality wherein
disqualified, the COMELEC shall designate an
he resides and including the same in the book of
acting Election Officer.
registered voters upon approval by the Election
Registration Board. (Sec. 3a, R.A. 8189)
(2) Members:
(a) Public school official most
senior in rank; and
Necessity of registration
(b) Local civil registrar, or in his
absence, the city or municipal treasurer.
"The act of registration is an If neither are available, any other
indispensable precondition to the right of appointive civil service official from the
suffrage. For registration is part and parcel of the same locality as designated by the
right to vote and an indispensable element in the COMELEC.
election process. Thus … registration cannot and
should not be denigrated to the lowly stature of a
mere statutory requirement. Proceeding from the Disqualifications
significance of registration as a necessary
requisite to the right to vote, the State No member of the Board shall be
undoubtedly, in the exercise of its inherent police related to each other or to any incumbent city or
power, may then enact laws to safeguard and municipal elective official within the 4th civil
regulate the act of voter’s registration for the degree of consanguinity or affinity. If in
ultimate purpose of conducting honest, orderly succeeding elections, any of the newly elected
and peaceful election, to the incidental yet city or municipal officials is related to a member
generally important end, that even pre-election of the Board within the 4th civil degree of
activities could be performed by the duly consanguinity or affinity, such member is
constituted authorities in a realistic and orderly automatically disqualified to preserve the integrity
manner – one which is not indifferent and so far of the Election Registration Board.
removed from the pressing order of the day and
the prevalent circumstances of the times." NOTE: It is an election offense
(Akbayan, et al v. COMELEC, G.R. No.147066, to either:
March 26, 2001) (1) accept an appointment, to
assume office and to actually
In order that a qualified elector may vote serve as a member of the
in any election, plebiscite or referendum, he must Board although ineligible
be registered in the permanent list of voters for thereto (Sec. 45d, R.A. 8189),
the city or municipality in which he resides. (Sec. or
115, BP 881).
(2) appoint such ineligible person
knowing him to be ineligible
(Sec. 45d, R.A. 8189)

Qualifications and Disqualifications

Function
See previous discussion under Suffrage.

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

[Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures]
[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
331
The Election Registration Board be not less than 100 days prior to a
shall meet quarterly on the 3rd Monday of April, regular election. The petition for
July, October and January of every calendar year exclusion is a necessary component to
(or on the next following working day if such registration since it is a safety
designated days fall on non-working holidays) to mechanism that gives a measure of
hear and process all applications for registration. protection against flying voters, non-
qualified registrants, and the like. The
prohibitive period serves the purpose of
When registration conducted securing the voter's substantive right to
be included in the list of voters. A special
voter's registration cannot be conducted
without likewise adjusting the prohibitive
Registration of voters shall be
period for filing petitions for exclusion to
conducted not less than 120 days before a regular
a later date; otherwise, no one can
election and 90 days before a special election.
challenge the Voter's list since it would
(Sec. 8, R.A. 8189)
already be well into the 100-day
prohibitive period. Aside from being a
However, in the case of an
flagrant breach of the principles of due
initiative or referendum, the COMELEC is
process, this would open the registration
authorized to set a special registration day at
process to abuse and seriously
least 3 weeks before the scheduled initiative or
compromise the integrity of the voter's
referendum. (Sec. 5, R.A. 6735)
list, and consequently, that of the entire
election… (T)he periods serve a vital role
CAN A SPECIAL REGISTRATION FOR
in protecting the integrity of the
A REGULAR ELECTION BE
registration process. Without the
CONDUCTED OUTSIDE THE PERIOD
prohibitive periods, the COMELEC would
PRESCRIBED IN SEC. 8, R.A. 8189
be deprived of any time to evaluate the
UNDER THE RESIDUAL OR STANDBY
evidence on the application, and the
POWERS OF THE COMELEC UNDER
COMELEC would be obliged to simply
SEC. 28, R.A. 8436?
take them at face value. If these safety
nets are compromised, the COMELEC
Given the facts in the case of
may end up with a voter’s list full of
Akbayan, et al v. COMELEC (G.R.
flying voters, overflowing with unqualified
No.147066, March 26, 2001), no. The
registrants, populated with shadows and
Supreme Court held that Sec. 8 of R.A.
ghosts.
8189 explicitly provides that no
registration shall be conducted during the
As to the "standby" or "residual"
period starting 120 days before a regular
powers of the COMELEC as regards
election. The purpose of having a 120-
certain pre-election acts, the Supreme
day prohibitive period is to enable the
Court held that Sec. 28 of R.A. 8436 is
COMELEC to complete all the necessary
anchored on the sound premise that that
pre-election activities, including the
such pre-election acts must still be
Project of Precincts, constitution of Board
capable of being reasonably performed
of Election Inspectors, Book of Voters and
vis-à-vis the remaining period before the
approved Voters Registration Records,
date of election and the conduct of other
Computerized Voters' List, and Voters
related pre-election activities required
Information Sheet. Registration of voters
under the law. Given the COMELEC's
is not, contrary to popular opinion,
declaration of "operational impossibility"
merely the act of going to the Election
of conducting a special registration, such
Officer and writing the names down. It is
stand-by power cannot be exercised or
"in fact, a long process that takes about
availed of in this case since the law does
3 weeks to complete not even counting
not require that the impossible be done.
how long it would take to prepare for the
registration in the first place." A buffer
period is therefore necessary to
safeguard against any number of
unforeseen occurrences that might delay
the elections.

The registration period must be Re-registration

taken in conjunction with the period for
filing of petitions for exclusion of voters
under Sec. 35 of R.A. 8189, which must A voter who is registered in the

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

(1) TIME OF FILING: During office

System of Continuing Registration hours

(2) NOTICE:
Notice of the place, date and time of the
Under Sec. 8 of RA 8189, the COMELEC hearing of the petition shall be served upon
has the power to conduct continuing registration. the members of the Board and the
Such registration shall be conducted daily in the challenged voter upon filing of the petition.
office of the Election Officer during regular office
hours, except during the period starting 120 days Modes of service:
before a regular election and 90 days before a (1) personal delivery, or
special election. The filing of the application must (2) registered mail, or
be done personally. (3) posting in the bulletin board of city
or municipal hall and in 2 other conspicuous
places within the city or municipality
Challenge of the right to register

(3) CONTENTS:
Petition shall refer only to 1 precinct, and
Any person applying for registration may
shall implead the Board as respondents
be challenged before the Election Registration
Board by:
(4) COSTS:
Generally, no costs shall be assessed
• any voter,
against any party. However, the
• any candidate, or
court may order a party to pay the
• any representative of a registered
costs and incidental expenses of the
political party.
suit should it find that the application
was filed solely to harass the adverse
Such challenge must be made in writing, under
party and to cause him to incur
oath and must state the grounds therefor. (Sec.
expenses.
18, R.A. 8189)
(5) INTERVENTION:
Any voter, candidate or political party
List of voters who may be affected by the
proceedings may intervene and
present his evidence.
The list of voters refers to an
enumeration of names of registered voters in a (6) EVIDENCE:
precinct duly certified by the Election Registration Shall be based on the evidence
Board for use in the election. (Sec. 3 (d), R.A. presented. In no case shall a
8189) decision be rendered upon a
stipulation of facts.
The Board of Election Inspectors must
post the final list of voters in each precinct 15 If the case involves the issue of a
days before the date of the regular or special fictitious voter, the non-appearance
election or referendum or plebiscite. of the challenged voter on the day
set for hearing shall be prima facie
Any candidate or authorized evidence that such voter is fictitious.

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

Jurisdiction and Appeal in Inclusion and "The petition for exclusion is a necessary
Exclusion Cases component to registration since it is a safety
mechanism that gives a measure of protection
MTC: against flying voters, non-qualified registrants,
original and exclusive jurisdiction and the like. The prohibitive period, on the other
hand serves the purpose of securing the voter’s
RTC: substantive right to be included in the list of
appellate jurisdiction voters." (Akbayan, et al v. COMELEC, G.R.
No.147066, March 26, 2001)
Appeals must be made within 5 days
from receipt of notice. Otherwise the decision of The citizenship of a person to be stricken
the MTC becomes final and executory after said from the list may be decided in the exclusion
period. proceedings. However, the decision does not
acquire the nature of res judicata considering the
The RTC shall decide the appeal within 10 summary character of the case.
days from the time the appeal was received, and
its decision shall be final and executory. No
motion for reconsideration shall be entertained. Voters Excluded Through the Inadvertence
(Sec. 138, BP 881; Sec. 33, R.A. 8189) or Registered with an Erroneous or
Misspelled Name (Sec. 37, R.A. 8189)

Petition for Inclusion of Voters in the List WHAT MAY BE FILED?

The following may petition to be included (1) Petition for reinstatement - filed by
in the voters’ list: any registered voter who has not been
included in the precinct certified list of
• any person whose voters
application by (2) Petition for correction of name - filed
registration has been by any registered voter who has been
disapproved by the included in the precinct certified list of
Board of Election voters with a wrong or misspelled name
Inspectors or
WHERE FILED? With the Election
• any person whose name Registration Board
has been stricken out
from the list If the petition is denied or not acted
upon, the voter may file on any date with
Petitioner may apply at any time except 105 days the proper MTC a petition for an order
prior to a regular election or 75 days prior to a directing that the voter's name be
special election. (Sec. 34, R.A. 8189) entered or corrected in the list. The
following must be attached to the
petition:

Petition for Exclusion of Voters from the List (1) Certified true copy of his registration
record, or identification card, or the entry
The following may petition for the of his name in the list of voters used in
exclusion of a voter from the permanent list of the preceding election;
voters:

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

The book of voters shall be annulled after due

Reactivation of registration (Sec. 28, R.A.
notice and hearing by the COMELEC after the
8189)
filing of a verified petition. No order, ruling or
decision annulling a book of voters shall be
PETITION FILED:
executed within 90 days before an election.
Sworn application for
reactivation of registration in
the form of an affidavit
Deactivation and reactivation of registration stating that the grounds for
the deactivation no longer
exist
Deactivation of registration (Sec. 27, R.A.
8189) WHO MAY FILE:
Any voter whose registration
has been deactivated
CAUSES OF DEACTIVATION:
WHERE FILED:
(1) The 3 grounds for With the Election Officer,
disqualification to vote, who shall then submit such
namely: application to the Election

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

• To have a watcher in every Election

Registration Board (Sec. 15, R.A.
REGISTRATION OF POLITICAL PARTIES 8189);

• To inspect and/or copy at its expense

Political party defined the accountable registration forms
and/or the list of registered voters in
the precincts constituting the
constituency at which the political
Under the Omnibus Election Code, a party is fielding candidates (Sec. 42,
political party is an organized group of persons R.A. 8189)
pursuing the same ideology, political ideas or
platforms of government and includes its • To have a watcher and/or
branches and divisions. (Sec. 60, BP 881) representative in the procurement
and watermaking of papers to be
Under the Party-List System Act, a used in the printing of election
political party is an organized group of citizens returns and official ballots and in the
advocating an ideology or platform, principles and printing, numbering, storage and
policies for the general conduct of government distribution thereof (Sec. 8, R.A.
and which, as the most immediate means of 6646);
securing their adoption, regularly nominates and
supports certain of its leaders and members as • To have watchers who shall verify
candidates for public office. (Sec. 3c, R.A. 7491) the contents of the boxes containing
There are 2 kinds of political parties: (1) national the shipment of official ballots,
party, i.e. a party whose constituency is spread election returns and sample official
over the geographical territory of at least a ballots received by the provincial,
majority of the regions; and (2) regional party, city and municipal treasurers (Sec.
i.e. a party whose constituency is spread over the 189, BP 881. Note that this privilege
geographical territory of at least a majority of the is only available to the ruling party
cities and provinces comprising the region. and the dominant opposition party.);

• To have one watcher in every polling

Purpose of registration place and canvassing center (Sec.
26, R.A. 7166);

• To be present and to have counsel

The purpose of registration of political
during the canvass of the election
parties with the COMELEC is to enable them to:
returns (Sec. 25, R.A. 6646)
(1) Acquire juridical personality;
• To receive the 4th copy (if the
dominant majority party) or the 5th
(2) Qualify for subsequent
copy (if the dominant minority party)
accreditation; and
of the election returns (Sec. 27, R.A.
7166 as amended by R.A. 8045 and
(3) Entitle them to the rights
R.A. 8173)
and privileges granted to
political parties. (Sec. 60,
BP 881)
Procedure

Rights and privileges granted

(1) The political party seeking registration
may file with the COMELEC a verified

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

(2) The party is a religious sect or

Who may not be registered denomination, organization or
association organized for religious
purposes (Sec. 6 (1), R.A. 7941);

(3) The party advocates violence or

The following may not be registered as political
unlawful means to seek its goal (Sec.
parties:
6 (2), R.A. 7941);
• religious denominations and
(4) The party is a foreign party or
sects (Art. IX-C, Sec. 2 (5),
organization (Sec. 6 (3), R.A. 7941);
1987 Constitution; Sec. 61,
BP 881)
(5) The party is receiving support from any
foreign government, foreign political
• those which seek to achieve party, foundation, organization,
their goals through violence or whether directly or through any of its
unlawful means (Art. IX-C, officers or members or indirectly
Sec. 2 (5), 1987 Constitution, through third parties for partisan
Sec. 61, BP 881) election purposes (Sec. 6 (4), R.A.
7941);
• those which refuse to uphold
and adhere to the Constitution (6) The party violates or fails to comply
(Art. IX-C, Sec. 2 (5), 1987 with laws, rules or regulations relating
Constitution) to elections (Sec. 6 (5), R. A. 7941);

• those supported by foreign (7) The party declares untruthful

governments (Art. IX-C, Sec. statements in its petition for
registration (Sec. 6 (6), R.A. 7941);
2 (5), 1987 Constitution)
(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);

Forfeiture of status and cancellation of (10) If registered under the party-list

registration 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)

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

(2) Sectoral parties, i.e. organized

Nomination and selection of official groups of citizens belonging to the
candidates labor, peasant, fisherfolk, urban
poor, indigenous cultural
(Sec. 6, R.A. 7166)
communities, elderly, handicapped,
women, youth, veterans, overseas
workers, and professional sectors,
No political convention or meeting for the
and whose principal advocacy
nomination or election of the official candidates of
pertains to the special interest and
any political party or organization or political
concerns of their sector (Sec. 3d,
groups or coalition thereof shall be held earlier
R.A. 7941);
than the following periods:
(3) Sectoral organizations, i.e. groups of
Pres., VP, Senators: 165 days before the
citizens or coalitions of groups of
date of the election
citizens who share similar physical
attributes or characteristics,
Members of the House of Representatives
employment, interest or concerns
75 days before the day of
(Sec. 3e, R.A. 7941);
Elective Provincial, City or Municipal
Officers the election
(4) Coalitions, i.e. aggrupations of duly
registered national, regional, sectoral
parties or organizations for political
REGISTRATION FOR PARTY-LIST and/or election purposes (Sec. 3f,
R.A. 7941)
Party-list system defined
Parties, organizations or coalitions that are
already registered with the COMELEC need not
register anew. However, should they wish to
The party-list system is a
participate in the party-list system, they must file
mechanism of proportional representation in the
with the COMELEC a manifestation of such desire
election of representatives to the House of
to participate not later than 120 days before the
Representatives from national, regional and
election. (Sec. 4, R.A. 7941, as amended by Sec.
sectoral parties or organizations or coalitions
11, R.A. 8436)
thereof registered with the COMELEC.
Component parties or organizations of a coalition
may participate independently, provided the
coalition of which they form part does not Procedure for registration
participate in the party-list system. (Sec. 3, R.A.
7941)
PETITION:
Purpose of party-list system Petition verified by the
party/organization/coalition's
president or secretary. The
petition must state its desire to
The purpose of the party-list
participate in the party-list system
system is to enable Filipino citizens belonging to
as a national, regional or sectoral
marginalized and underrepresented sectors,
party or organization or a coalition
organizations and parties, and who lack well-
of such parties or organizations.
defined political constituencies but who could
contribute to the formulation and enactment of
WHEN FILED:
appropriate legislation that will benefit the nation
Not later than 90 days before the
as a whole, to become members of the House of
election
Representatives. (Sec. 2, R.A. 7941)
ATTACHMENTS:
Who may be registered (1) Constitution;

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

[Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures]
[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
338
(2) By-laws; 8. The party has ceased to exist for at
(3) Platform or program least 1 year (Sec. 6 (7), R.A. 7941);
of government;
(4) List of officers; 9. The party fails to participate in the
(5) Coalition agreement last 2 preceding elections (Sec. 6 (8),
(as applicable); R.A. 7941);
(6) Other relevant
information as may 10. If registered under the party-list
be required by the system, the party fails to obtain at
COMELEC least 2% of the votes in the 2
preceding elections for the
After due notice and hearing, the constituency in which it has
COMELEC shall resolve the petition within 15 days registered. (Sec. 6 (8), R.A. 7941)
from the date it was submitted for decision, but
not later than 60 days before election. (Sec. 5, The COMELEC may refuse or cancel
R.A. 7941) registration either motu proprio or upon verified
complaint of any interested party, after due
notice and hearing. (Sec. 6, R.A. 7941)
Grounds for refusal and/or cancellation of
registration
Nomination of party-list representatives
(Sec. 8, R.A. 7941)
The following are grounds for refusal
and/or cancellation of registration of a party, Each registered party,
organization or coalition wishing to participate in organization or coalition shall submit to the
the party-list system: COMELEC a list of not more than 5 names from
which party-list representatives shall be chosen in
1. Accepting financial contributions from case it obtains the required number of votes.
foreign governments or their This list must be submitted not later than 45 days
agencies (Art. IX-C, Sec. 2 (5), 1987 before the election.
Constitution);
The nomination of party-list
2. The party is a religious sect or representatives is subject to the following
denomination, organization or limitations:
association organized for religious
purposes (Sec. 6 (1), R.A. 7941); (1) The nominee must have all of the
qualifications and none of the
3. The party advocates violence or disqualifications for the exercise of
unlawful means to seek its goal (Sec. the right of suffrage. Moreover,
6 (2), R.A. 7941); he/she must be a registered voter,
able to read and write, and at least
25 years on the day of the election.
4. The party is a foreign party or
organization (Sec. 6 (3), R.A. 7941);
In case of youth sector nominees,
such nominees must be at least 25
5. The party is receiving support from but not more than 30 yrs. old on
any foreign government, foreign the day of the election. (Sec. 9)
political party, foundation,
organization, whether directly or (2) The nominee must be a bona fide
through any of its officers or member of the party or
members or indirectly through third organization which he/she seeks to
parties for partisan election purposes represent for at least 90 days
(Sec. 6 (4), R.A. 7941); preceding the day of the election.
(Sec. 9)
6. The party violates or fails to comply
with laws, rules or regulations
relating to elections (Sec. 6 (5), R. A. (3) An elected party-list
7941); representative who changes his
political party or sectoral
7. The party declares untruthful affiliation within 6 months before
statements in its petition for an election is not eligible for
registration (Sec. 6 (6), R.A. 7941); nomination as party-list
representative under his new

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

(7) Changes of name or alterations Manner of Voted upon by Elected

in the order of nominees are election party or personally, i.e.
generally not allowed after the organization. It by name.
list has been submitted to the is only when a
COMELEC. However, these may party is entitled
be allowed when the nominee to
either: representation
that it
(a) Dies; or designates who
(b) Withdraws his will sit as
nomination in writing; or representative.
(c) Becomes incapacitated
Effect of Loses his seat, Does not lose
in which case the name of the disaffiliation in which case seat if he/she
substitute nominee shall be with party he/she will be changes party
placed last in the list. (Sec. 8) substituted by or affiliation.
another
qualified person
in the party /
Party-list and district representatives organization
distinguished based on the
list submitted to
the COMELEC.
Every voter is entitled to 2
votes: the first is a vote for candidate for Effect of A substitution A special
member of the House of Representatives in his vacancy will be made election may be
legislative district, and the second, a vote for the within the held provided
party, organization, or coalition he wants party, based on that the
represented in the House of Representatives. the list vacancy takes
submitted to place at least 1
Party-list District the COMELEC. year before the
representative representative next election.

Scope of Elected Elected Effect of A party-list This does not

electorate nationally, with according to change in representative prevent a
party-list legislative affiliation is prohibited district
organizations district by the within 6 from sitting as representative
garnering at constituents of months representative from running
least 3% of all such district prior to under his new under his new
the votes cast election party or party.
for the party- organization.
list system
entitled to 1 Effect of A party-list A district
seat, which is loss during representative representative
increased previous cannot sit if he is not prevented
according to election ran and lost in from running

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

Who may be accredited (f) That it is not supported by or under

(Rule 33, COMELEC Rules of Procedure) the influence of any foreign
government or any of its agencies or
Any bona fide non-partisan instrumentalities; or of any foreigner,
group, association or organization from the civic, whether natural or juridical person;
youth, professional, educational, business or labor
sectors with identifiable leadership, membership (g) That it shall not solicit or receive,
and structure, and with demonstrated capacity to directly or indirectly, any contribution
promote the public interest and assist the or aid of whatever form or nature
COMELEC in the performance of its functions and from any foreign government or any
activities as mandated by the Constitution and by of its agencies or instrumentalities,
law, may be accredited as citizens' arms of the or from any foreigner, whether
COMELEC. (Rule 33, Sec. 1, COMELEC Rules of natural or juridical person;
Procedure)
(h) That it does not seek to achieve its
objectives, goals or programs
Procedure for accreditation through violence or other unlawful
means, nor aim to propagate any
ideology opposed to the principles of
a republican and democratic
(1) FILING OF PETITION FOR
government; and
ACCREDITATION
(i) That it undertakes to police its ranks
Any group seeking accreditation may file a
and prevent infiltration by persons or
petition for accreditation, duly verified by its
groups of persons who may, directly
President, Chairman of the Board of
or indirectly, destroy its character of
Directors, or any of its duly authorized
non-partisanship and impartiality.
officers.
(2) SETTING OF PETITION FOR HEARING
The petition for accreditation must state the
following:
Upon the filing of the petition, the COMELEC
en banc shall immediately set the petition for
(a) The constituency to which petitioner
hearing. The COMELEC may order the
seeks accreditation;
publication of the petition in a newspaper of
general circulation if it deems such
(b) That it is not supporting any
necessary. Publication shall be at the
candidate, political party,
expense of the petitioner.
organization or coalition of political
parties, in the constituency where it
(3) HEARING OF PETITION
seeks accreditation;
The accreditation of the petitioner may be
(c) Nature of its membership; names of
opposed by any person, group, association,
its officers or organizers, location of
group or organization, political party or
principal office or place of business,
coalition of political parties possessing
and an assurance of its capability to
relevant information or evidence against the
undertake a coordinated operation
petitioner by filing a verified opposition.
and activity to assist the COMELEC;
However, notwithstanding the absence of any
(d) That it shall submit itself to the direct
opposition, the COMELEC may motu proprio
and immediate control and
require the petitioner to present evidence to
supervision and comply with the
support its petition for accreditation.
orders of the COMELEC in the

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

The COMELEC shall then render its decision.

If the decision is for the accreditation of the
petition, a certificate of accreditation shall be Qualifications
issued stating the following:

(a) The name of the group or

See the provisions of the Constitution for
organization;
the qualifications of candidates for President,
Vice-President, Senator, and Member of the
(b) The constituency to which it
House of Representatives.
is accredited; and
See the provisions of the Local
(c) The political exercise for
Government Code for the qualifications of local
which it is accredited
elective officials.

Qualifications prescribed by law are

Revocation and expiration of accreditation continuing requirements and must be possessed
for the duration of the officer's active tenure.
Once any of the required qualifications are lost,
REVOCATION: May be done by the COMELEC his title to the office may be seasonably
after notice and hearing for any of the following challenged. (See Frivaldo v. COMELEC, 174 SCRA
acts: 245; Labo v. COMELEC, 176 SCRA 1)

(1) The citizens' arm has showed or acted

with partiality in any political issue or to Filing of certificate of candidacy
any political party, organization or
coalition of political parties;

(2) It has performed acts in excess of its

duties and functions as provided by To be eligible for any elective public
law; or office, one must file a certificate of candidacy
within the period fixed by the Omnibus Election
(3) It has failed to comply with the Code.
conditions imposed upon it in the
decision granting accreditation. Mode of Filing

EXPIRATION: The accreditation automatically Certificates must be filed by the

lapses at the end of the election period of the candidate personally or by his duly authorized
political exercise for which the petitioner was representative. No certificate shall be filed by
accredited as citizens' arm.
mail, telegram or facsimile. (Sec. 7, R.A. 7166)

Time of Filing
CERTIFICATES OF CANDIDACY
Certificates of candidacy must be filed in
Candidate defined 12 legible copies not later than 120 days before
the elections. (Sec. 11, R.A. 8436)

Place of Filing
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, The certificates of candidacy shall be filed
aggroupment, or coalition of parties. (Sec. 79, BP in the following places:
881)

President |
Guest Candidacy Vice-President |
COMELEC main office (Manila)
A political party may nominate Senator |
and/or support candidates not belonging to it.
(Sec. 70, BP 881) Note however that this is not Congressman
applicable in cases of political parties registered Provincial election supervisor

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

The certificate of candidacy shall Any mass media columnist,

state the following: commentator, announcer, reporter, on-air
correspondent or personality who is a candidate
• That the person filing the certificate for any elective public office shall be deemed
is announcing his candidacy for the resigned, if so required by his/her employer, or
office stated therein and that he or shall take a leave of absence from his/her work
she is eligible for such office; as such during the campaign period. (Sec. 6.6,
R.A. 9006)
• The political party to which the
candidate belongs;
FLORES V. COMELEC
• Civil status;
FACTS: R Flores and A
• Date of birth; Flores were both running for
kagawad. 4 ballots indicated
• Residence; votes for “Flores” only. It was
initially decided to divide the 4
• Post office address for all election votes between R and A Flores.
purposes; Pursuant to a COMELEC
administrative regulation which
• Profession or occupation; provided that “incumbent
barangay captains…shall be
• That he / she will support and defend deemed resigned as such upon
the Constitution of the Philippines the filing of their certificates of
and will maintain faith and allegiance candidacy for the office of
thereto; kagawad,” the MTC held that R
Flores was not entitled to any of
• That he / she will obey the laws, the 4 votes. R Flores contends
legal orders, and decrees that all 4 votes should be in
promulgated by the duly constituted favor of R since the OEC provides
authorities; that that when there are
candidates with the same
• That he / she is not a permanent surnames and only such
resident or immigrant to a foreign surname is written the votes
country; shall be counted in favor of the
incumbent.
• That the obligation imposed by oath
is assumed voluntarily, without
mental reservation or purpose of HELD: R Flores is not the
evasion; incumbent as he was correctly
deemed resigned upon his filing
• That the facts stated in the certificate of a certificate of candidacy for
of candidacy are true to the best of kagawad as this was not the
his knowledge. position he was holding at the
time he filed.

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

According to Prof. Barlongay,

Withdrawal of certificate disqualifications may be classified into 4
categories: (1) status; (2) acts; (3) nuisance
candidacy; and (4) falsity of material
A person who has filed a certificate of representation in the certificate of candidacy.
candidacy may withdraw the same prior to the
election by submitting to the office concerned a Status
written declaration under oath.
(1) Lack of Filipino citizenship;
If a candidate files a certificate of
candidacy for more than 1 office, he shall not be (2) Lack of residency requirement;
eligible for any of them. However, he may
declare under oath the office for which he desires (3) Insanity or incompetence, as declared
to be eligible and cancel the certificate of by competent authority;
candidacy for the other office or offices provided
that this is done before the expiration of the (4) Permanent residence or
period for the filing of certificates of candidacy. immigrant status in a foreign
(Sec. 73, BP 881) country, unless such person
The filing of the withdrawal shall not has waived his status as
affect whatever civil, criminal, or administrative permanent resident or
liabilities which a candidate may have incurred. immigrant in accordance with
(Sec. 73, BP 881) the residence requirement
provided for in the election
laws (Sec. 68, BP 881)
RAMIREZ V. COMELEC
Acts
FACTS: The certificate of
candidacy of petitioner for the (1) Sentence by final judgment
office of provincial board for:
member was filed by his political
party. 15 minutes before the • Subversion, insurrection,
deadline, he filed his certificate rebellion;
of candidacy for mayor. 8 days
later, he filed a petition to • Any offense for which the
withdraw his certificate of candidate has been
candidacy for the office of the sentenced to a penalty of
board member and to declare more than 18 months of
subsisting his certificate of imprisonment;
candidacy for mayor, attaching
his written declaration under • Any offense involving moral
oath withdrawing his certificate turpitude;
of candidacy for board member.
Moral turpitude is an act of a
HELD: Since the baseness, vileness, or depravity
certificate of candidacy for the in the private duties which a
position of board member was man owes to his fellow men, or
filed by his party and the said to society in general, contrary to
party had withdrawn that the accepted and customary rule
nomination, there was of right and duty between man
substantial compliance with Sec. and woman or conduct contrary
73 of the Omnibus Election Code. to justice, honesty, modesty or
His filing under oath within the good morals. The general rule is
statutory period of his individual that crimes mala in se involve

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

• Having committed acts of • Having engaged in unlawful

terrorism to enhance his electioneering (Sec. 68e, BP 881,
candidacy (Sec. 68b, BP 881); cf. Sec. 261k);

• Having spent in his election • Having violated the prohibition

campaign an amount in excess of against release, disbursement or
that allowed by the Omnibus expenditure of public funds 45
Election Code (Sec. 68c, BP 881); days before a regular election (or
30 days in the case of a special
• Having solicited, received or election) (Sec. 68e, BP 881, cf.
made any contribution prohibited Sec. 261v);
under the Omnibus Election Code
(Sec. 68d, BP 881; cf. Secs. 89, • Having solicited votes or
95, 96, 97 and 104); undertaken any propaganda on
the day of election for or against
• Having engaged in election any candidate or any political
campaign or partisan political party within the polling place or
activity outside the campaign within a radius of 30 m. thereof
period and not pursuant to a (Sec. 68e, BP 881, cf. Sec.
political party nomination (Sec. 251cc)
68e, BP 881, cf. Sec. 80);

• Having removed, destroyed, Nuisance candidacy

obliterated, defaced or tampered
with or prevented the distribution A nuisance candidate is one who
of lawful election propaganda files a certificate of candidacy:
(Sec. 68e, BP 881, cf. Sec. 83);
(a) To put the election process in
• Having violated the rules and mockery or disrepute; or
regulations on election (b) To cause confusion among the
propaganda through mass media voters by the similarity of the
(Sec. 68e, BP 881, cf. Sec. 86); names of the registered
candidates, or
• Having coerced, intimidated,
compelled, or in any manner (c) Clearly demonstrating that he /
influenced, directly or indirectly, she has no bona fide intention
any of his subordinates or to run for the office which the
members, or employees, etc. to certificate of candidacy has
aid, campaign or vote for or been filed, and thus prevents a
against any candidate or any faithful determination of the
aspirant for the nomination or true will of the electorate. (Sec.
selection of candidates (Sec. 68e, 69, BP 881)
BP 881, cf. Sec. 261d);

• Having directly or indirectly Falsity of material representation

threatened, intimidated, or

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

Disqualifications under the Local In the case of Rodriguez v.

Government Code (Sec. 40, R.A. 7160) COMELEC (G.R. No. 120099,
July 24, 1996), it was held
(1) Those sentenced by final judgment for that Rodriguez could not be
an offense punishable by one year or considered a "fugitive from
more of imprisonment and within 2 justice" because his arrival in
years after serving sentence. the Philippines from the U.S.
preceded the filing of the
(2) Those removed from office as a result felony complaint in the Los
of an administrative case. Angeles Court and the
issuance of the arrest warrant
REYES V. COMELEC by the same foreign court by
almost 5 months. The
FACTS: Reyes, the Supreme Court held that the
incumbent mayor, was found intent to evade is the
guilty of an administrative compelling factor that
complaint. Despite this, he animates one’s flight from a
filed a certificate of candidacy. particular jurisdiction. And
Although the COMELEC there can only be an intent to
disqualified him, the Board of evade prosecution or
Election Canvassers, unaware punishment when there is
of COMELEC’s decision to knowledge by the fleeing
disqualify him, proclaimed subject of an already
Reyes as the mayor. instituted indictment, or of a
promulgated judgment of
HELD: The election of conviction.
Reyes did not render the
administrative charges against (6) Permanent residents in a foreign
him moot and academic. The country or those who have acquired
decision to remove him was the right to reside abroad and continue
served on Reyes and to avail of the same right after the
thereafter became final effectivity of the Local Government
because he failed to appeal to Code.
the Office of the President.
He was therefore validly FRIVALDO V. COMELEC
removed from office and
pursuant to the Local FACTS: Frivaldo was
Government Code, was previously declared as an alien.
disqualified from running for Despite this, he was able to file
re-election. his certificate of candidacy. The
election occurred on May 8,
(3) Those convicted by final judgment for 1995. Frivaldo was able to re-
violating the oath of allegiance to the acquire Philippine citizenship on
Republic of the Philippines. June 30, 1995 through
repatriation by taking his oath of
(4) Those with dual citizenship. allegiance at 2:00 p.m.

See the case of Mercado v.

Manzano.
HELD: Philippine
(5) Fugitives from justice in criminal and citizenship is an indispensable
non-political cases here and abroad. requirement for holding an
elective public office. An official
A "fugitive from justice" begins to govern or discharge
includes "not only those who his functions only upon his
flee after conviction to avoid proclamation and on the day the

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

A verified petition to deny due course to

Special Disqualifications under the Lone
or cancel a certificate of candidacy may be filed
Candidate Law (Sec. 4, R.A. 8295)
by any person EXCLUSIVELY on the ground that a
material misrepresentation contained therein as
The following persons are
required is false. Such petition shall be filed any
disqualified from running in a special election
time not later than 25 days from the time of filing
called to fill the vacancy in an elective office,
of the certificate, and shall be decided not later
provided that evidence of their guilt is strong:
than 15 days before the election. (Sec. 78, BP
881)
(1) Any elective official who
has resigned from his
The procedure for cancellation of
office by accepting an
certificate of candidacy shall be
appointive office or for
discussed in the last part of this
whatever reason which he
reviewer.
previously occupied but
has caused to become
vacant due to his
resignation; Certified List of Candidates

(2) Any person who, directly

or indirectly, coerces,
bribes, threatens, The COMELEC shall cause to be printed a
harasses, intimidates, or certified list of candidates for each office to be
actually causes, inflicts or voted for in each province, city or municipality
produces any violence, immediately followed by the nickname or stage
injury, punishment, name of the candidate and his political affiliation,
torture, damage, loss or if any. The list shall be posted inside each voting
disadvantage to any booth.
person or persons aspiring
to become a candidate or Whenever practicable, the Board of
that of the immediate Election Inspectors shall cause said list of
member of his family, his candidates to be written on the blackboard or
honor or property that is manila paper for posting inside the polling place.
meant to eliminate all The names of all candidates followed by his
other potential candidate. nickname or stage name shall also be printed in
the election returns and tally sheets. (Sec. 4,
R.A. 6646)
Effect of death, disqualification or
withdrawal

If a candidate of a registered or
accredited political party dies, withdraws or is ELECTION CAMPAIGN & EXPENDITURES
disqualified after the last day for filing of the
certificates of candidacy, ONLY a person ELECTION CAMPAIGN
belonging to, and certified, by the same political
party, may file a certificate of candidacy to
Election campaign or partisan political
replace him.
activity

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

It does not include public expressions of • Cloth, paper or cardboard

opinions or discussions of probable issues in a posters, whether framed or
forthcoming election or on attributes or criticisms posted, with an area not
of probable candidates proposed to be nominated exceeding 2 feet by 3 feet.
in a forthcoming political party convention. NOTE: Streamers not exceeding
3 feet by 8 feet in size are allowed at
Prohibitions the site and on occasion of a public
meeting or rally or in announcing the
• Members of the board of election holding of such meeting or rally.
inspections are prohibited from Such streamers may be displayed 5
engaging in any partisan political days before the date of the meeting
activity or from taking part in the or rally and shall be removed within
election except to discharge their 24 hours after said meeting or rally.
duties as such and to vote. (Sec.
173, BP 881) • Paid advertisements in print or
broadcast media. Such
• Officers or employees of the civil advertisements must comply with
service are prohibited from the following requirements:
engaging directly or indirectly in
any electioneering or partisan • Any published or printed political
political campaigns. (Art. IX-B, matter and any broadcast of
Sec. 2 (4), 1987 Constitution) election propaganda by TV or
radio for or against a candidate
• Members of the military are or group of candidates to any
prohibited from engaging directly public office shall bear and be
or indirectly in any partisan identified by the reasonably
political activity except to vote. legible or audible words “political
(Art. XVI, Sec. 5 (3), 1987 advertisement paid for” followed
Constitution) by the true and correct name and
address of the candidate or party
for whose benefit the election
Campaign period propaganda was printed or aired.
(Sec. 4.1, R.A. 9006)

• If the broadcast is given free of

It is prohibited for any person, political
charge by the radio or TV station,
party or association of persons to engage in an
it shall be identified by the words
election campaign or partisan political activity
"airtime for this broadcast was
except during the campaign period. Violation of
provided free of charge by"
this prohibition constitutes an election offense.
followed by the true and correct
(Sec. 80, B.P. 881)
name and address of the
broadcast entity. (Sec. 4.2, R.A.
9006)
Lawful election propaganda
(Sec. 3, R.A. 9006) • Print, broadcast or outdoor
advertisements donated to the
candidate or political party shall
not be printed, published,
The following are lawful election propaganda: broadcast or exhibited without the
written acceptance by the said
• Pamphlets, leaflets, cards, decals, candidate or political party. Such
stickers, or other written or written acceptance must be
printed materials the size of attached to the advertising
which does not exceed 8 ½ inches contract and submitted to the
in width and 14 inches in length; COMELEC within 5 days after its

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

Pursuant to such end:

Prohibited Acts
• Print advertisements shall not exceed
1/4 page, in broadsheet and 1/2 page
It is prohibited: in tabloids thrice a week per
newspaper, magazine, or other
For any foreigner to: publications, during the campaign
period;
• aid any candidate or political
party, directly or indirectly; • Bona fide candidates and registered
• take part or influence in any political parties running for nationally
manner any election; elective office are entitled to not more
• contribute or make any than 120 minutes of TV advertisement
expenditure in connection with and 180 minutes of radio advertisement
any election campaign or partisan whether by purchase or by donation;
political activity
• Bona fide candidates and registered
For any person during the campaign political parties running for locally
period to: elective office are entitled to not more
than 60 minutes of TV advertisement
• remove, destroy, obliterate or in and 90 minutes of radio advertisement
any manner deface or tamper whether by purchase or by donation;
with lawful election propaganda;
• prevent the distribution of lawful • Broadcast stations or entities are
election propaganda required to submit copies of their
broadcast logs and certificates of
For any candidate, political party, performance to the COMELEC for the
organization or any person to: review and verification of the frequency,
date, time and duration of
• give or accept, directly or advertisement broadcast for any
indirectly, free of charge, candidate or political party;
transportation, food or drinks or
things of value during the five
hours before and after a public
meeting, on the day preceding • All mass media entities are required to
the election, and on the day of furnish the COMELEC with a copy of all
the election; contracts for advertising, promoting or
opposing any political party or the
• to give or contribute, directly or candidacy of any person for public office
indirectly, money or things of within 5 days after its signing;
value for such purpose.

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

Notification of election registrar (Sec. 88, B.P.

Media practitioners 881)

Moreover, media practitioners who are The political party or candidate must
officials of a political party or members of the notify the election registrar of any rally. Within 7
campaign staff of a candidate or political party working days, the political party or candidate
prohibited from using their media time or space must submit to the election registrar the
to favor any candidate or political party. Media expenses incurred during the rally.
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 COMELEC space, poster area, time and
be deemed resigned, if so required by their information bulletin
employer, or shall take a leave of absence from
their work as such during the campaign period.
COMELEC space

The COMELEC shall procure space in at

Public exhibitions
least one newspaper of general circulation in
every province or city, or in the absence of such
No movie, cinematograph, or
newspaper, in any other magazine or periodical in
documentary portraying the life or biography of a
said province or city, which shall be known as
candidate shall be publicly exhibited in a theater,
“COMELEC Space.” COMELEC space shall be
TV station or any public forum during the
allocated to the COMELEC upon payment of just
campaign period. The same is true for movies,
compensation, and shall be utilized exclusively by
cinematographs and documentaries portrayed by
the COMELEC for public information dissemination
actors or media personalities who are themselves
on election-related concerns. (Sec. 8, R.A. 9006)
candidates.
Phil. Press Institute v.
COMELEC
Rallies, meetings and other political activity
The Supreme
Court declared sec. 2 of
Application for permits to hold rally (Sec. 87, COMELEC Resolution 2722
B.P. 881) compelling print media
companies to donate “COMELEC
The holding of peaceful political rallies Space” as null and void. Sec. 2
during the campaign period is allowed. In order does not constitute a valid
to hold rallies, political parties must follow the exercise of the power of eminent
requirements of local ordinances on the issuance domain. The element of
of permits. All applications for permits to hold necessity for the taking has not
meetings, rallies and other similar political been shown by COMELEC. There
activities must be immediately posted in a is no showing that the members
conspicuous place in the city or municipal of the Philippine Press Institute
building, and the receipt thereof acknowledged in are unwilling to sell print space.
writing. Such applications must be acted upon in
writing by local authorities concerned within 3 Furthermore, it
days after the filing thereof. If the application is has not been demonstrated that
not acted upon within said period, it is deemed the COMELEC has been granted
approved. the power of eminent domain by
the Constitution or the
The only justifiable ground for denial of Legislature. In addition, sec. 2
the application for the permit is that a prior does not constitute a valid
written application by any candidate or political exercise of police power. First,
party for the same purpose has been approved. there was no effort to show that
police power was constitutionally
Denial of any application for said permit delegated to the COMELEC.
is appealable to the provincial election supervisor Second, no attempt was made to

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

(1) All broadcasting, whether by For independent candidates with no

radio or TV, is licensed by the political parties, the size of the common poster
government, and the franchise area must not exceed 4 feet by 6 feet or its
issued to a broadcast station is equivalent.
always subject to amendment,
alteration or repeal by
Congress when the common
good requires. There is no COMELEC information bulletin (Sec. 93, B.P.
better measure for the 881)
common good than one for
free airtime for the benefit not The COMELEC shall cause the printing
only of the candidates but and supervise the dissemination of bulletins which
even more of the public, shall contain the picture, bio-data and program of
particularly the voters, so that government of every candidate.
they will be informed of the
issues in an election, for after Any candidate can reprint these bulletins,
all, it is the right of the viewers provided it is an exact replica and shall bear the
and listeners, not of the candidate’s name who caused the reprint and the
broadcasters, that is printer’s name.
paramount.

(2) The COMELEC does not take COMELEC official sample ballot (Sec. 185, B.P.

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

[Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures]
[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
351
881, as amended by R.A. 7904) party or organization who
commissioned or paid for the
At least 30 days before an survey;
election, the COMELEC shall furnish every • The name of the person, polling firm
registered voter with an unfilled official sample or survey organization who
ballot, voter information sheet, and a list of all conducted the survey;
registered national, provincial and city candidates • The period during which the survey
to be voted in the said election. was conducted, the methodology
used, including the number of
The information sheet shall include the individual respondents and the areas
voter's name, address, the precinct and the place from which they were selected, and
where he is registered, and simplified instructions the specific questions asked;
as to the casting of votes. The names of the • The margin of error of the survey;
candidates shall be listed in alphabetical order • For each question for which the
under their respective party affiliation and a one- margin of error is greater than that
line statement not to exceed 3 words of their reported above, the margin of error
occupation or profession. Persons nominated for that question; and
under the party-list system shall likewise be • A mailing address and telephone
included in the above-mentioned list. number, indicating it as an address
or telephone number at which the
sponsor can be contacted to obtain a
Public forum written report regarding the survey
in accordance with Sec. 5.3 of R.A.
(Sec. 9, R.A. 6646)
9006.
The COMELEC shall encourage non-
It must be noted that Sec. 5.4 which
political non-partisan private or civic organization
prohibits the publication of surveys 15 days (for
to initiate and hold in every city and municipality,
national candidates) or 7 days (for local
public for a at which all registered candidates for
candidates) before an election was declared
the same office may simultaneously and
unconstitutional by the Supreme Court upon a
personally participate to present, explain and/or
petition filed by the Manila Standard and Social
debate on their campaign platforms and programs
Weather Station, Inc. (SWS) The decision, which
and other like issues.
was penned by Justice V.V. Mendoza, stated that
the provision "constitutes an unconstitutional
The COMELEC shall promulgate the rules
abridgment of freedom of speech, expression and
and regulations for the holding of such to assure
the press… as it imposes prior restraint and
its non-partisan character and equality of access
therefore, a direct and total suppression of a
thereto by all candidates.
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,
Election surveys May 6, 2001, for details.)
(Sec. 5, R.A. 9006)

Election surveys, defined Exit polls

(Sec. 5.5, R.A. 9006)
Election surveys refer to the
measurement of opinions and perceptions of the
Exit polls may only be taken subject to
voters as regards a candidate's popularity,
the following requirements:
qualifications, platforms or a matter of public
discussion in relation to the election, including
• Pollsters shall not conduct their
voters' preference for candidates or publicly
surveys within 50 meters from the
discussed issues during the campaign period.
polling place, whether said survey is
taken in a home, dwelling place and
Information required to be published in the
other places;
survey
• Pollsters shall wear distinctive
During the election period, any
clothing;
person, natural as well as juridical, candidate or
organization who publishes a survey must
• Pollsters shall inform the voters that
likewise publish the following information:
they may refuse to answer; and
• The name of the person, candidate,
• The result of the exit polls may be

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

ABS-CBN v. COMELEC (January 28, • Natural and juridical persons operating

2000) a public utility or in possession of or
exploiting any natural resources of the
In this case, the nation;
Supreme Court held that exit
polls are valid. They do not • Natural and juridical persons who hold
violate the principle of secrecy of contracts or sub-contracts to supply the
the ballot since such polls are government or any of its divisions,
purely voluntary on the part of subdivisions or instrumentalities, with
the voter and do not require him goods or services or to perform
or her to reveal his or her ballot. construction or other works;

• Natural and juridical persons who have

ELECTION CONTRIBUTIONS & been granted franchises, incentives,
EXPENDITURES exemptions, allocations or similar
privileges or concessions by the
government or any of its divisions,
Contributions subdivisions or instrumentalities,
including GOCCs;
Contributions defined
• Natural and juridical persons who,
(Sec. 94a, B.P. 881)
within 1 year prior to the date of the
election, have been granted loans or
other accommodations in excess of
"Contribution” includes a gift, donation,
P100,000 by the government or any of its
subscription, loan, advance or deposit of money
divisions, subdivisions or
or anything of value, or a contract, promise or
instrumentalities including GOCCs;
agreement to contribute, whether or not legally
enforceable, made for the purpose of influencing
• Educational institutions which have
the results of the elections but shall not include
received grants of public funds
services rendered without compensation by
amounting to no less than P100,000.00;
individuals volunteering a portion or all of their
time in behalf of a candidate or political party.
• Officials or employees in the Civil
Service, or members of the Armed Forces
It shall also include the use of facilities
of the Philippines;
voluntarily donated by other persons, the money
value of which can be assessed based on the
• Foreigners and foreign corporations,
rates prevailing in the area.
including foreign governments. (Sec. 96,
BP 881)

Prohibited contributions It is unlawful for any person to solicit or

(Sec. 95, B.P. 881) receive any contribution from any of the persons
or entities enumerated.

No contribution for purposes of partisan

political activity shall be made directly or
indirectly by any of the following:
Prohibited raising of funds
• Public or private financial institutions.
However, they are not prohibited from
making any loan to a candidate or
political party if:
It is unlawful for any person to hold the
following for the purpose of raising funds for an
(a) the financial institutions are
election campaign or for the support of any

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

[Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures]
[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
353
candidate from the commencement of the • President and Vice-President: P
election period up to and including election day: 10 for every voter currently
registered
• dances, • Other Candidates: P 3 for every
• lotteries, voter current registered in the
• cockfights, constituency where he filed his
• games, certificate of candidacy
• boxing bouts, • Candidates Without a Political
• bingo, Party: P 5 for every voter
• beauty contests,
• entertainments, or For Political Parties
cinematographic, theatrical or
other performances P 5 for every voter currently
registered in the constituency or
It is unlawful for any person or constituencies where it has official
organization, whether civic or religious, directly or candidates
indirectly, to solicit and/or accept from any
candidate for public office, or from his campaign
manager, agent or representative, or any person Lawful expenditures
acting in their behalf, any gift, food,
(Sec. 102, B.P. 881)
transportation, contribution or donation in cash or
in kind from the commencement of the election
No candidate or treasurer of a political
period up to and including election day.
party shall, directly or indirectly, make any
expenditure except for the following purposes:
Note, however, that normal and
customary religious stipends, tithes, or collections
(a) For travelling expenses of the
on Sundays and/or other designated collection
candidates and campaign
days, are excluded from this prohibition.
personnel in the course of the
campaign and for personal
expenses incident thereto;
(b) For compensation of
Expenditures campaigners, clerks,
stenographers, messengers,
and other persons actually
Expenditures defined employed in the campaign;
(c) For telegraph and telephone tolls,
(Sec. 94b, BP 881)
postage, freight and express
delivery charges;
(d) For stationery, printing and
“Expenditure" includes the payment or
distribution of printed matters
delivery of money of anything of value, or a
relative to candidacy;
contract, promise or agreement to make an
(e) For employment of watchers at the
expenditure, for the purpose of influencing the
polls;
results of the election. It shall also include the
(f) For rent, maintenance and
use of facilities personally owned by the
furnishing of campaign
candidate, the money value of the use of which
headquarters, office or place of
can be assessed based on the rates prevailing in
meetings;
the area.
(g) For political meetings and rallies
and the use of sound systems,
lights and decorations during said
Limitations on expenditures meetings and rallies;
(Sec. 13, R.A. 7166) (h) For newspaper, radio, TV and
other public advertisements;
(i) For employment of counsel, the
The aggregate amount that a candidate cost of which shall not be taken
or registered political party may spend for an into account in determining the
election campaign shall be as follows: amount of expenditures which a
candidate or political party may
have incurred;
(j) For copying and classifying list of
For Candidates voters, investigating and
challenging the right to vote of

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

Persons authorized to incur expenditures Duties of candidates and political parties

(Sec. 103, B.P. 881)
Accounting of contributions and
Only the following persons are permitted expenditures
by law to make any expenditure in support of or
(Sec. 105, B.P. 881)
in opposition to any candidate or political party:

• The candidate;
Every person receiving contributions or
• The treasurer of a political party;
incurring expenditures by authority of the
• Any person authorized by such
candidate or treasurer of the party shall, on
candidate or treasurer.
demand by the candidate or treasurer of the
party, render to the candidate or treasurer
Expenditures duly authorized by the
concerned a detailed account thereof with proper
candidate or the treasurer of the political party
vouchers or official receipts. Such accounting
shall be considered as expenditures of such
must be given within 5 days after receiving such
candidate or political party. The authority to
contribution or incurring such expenditure.
incur expenditures must:

(1) be in writing;
(2) be signed by the candidate or the Keeping of detailed records of contributions
treasurer of the party; and expenditures
(3) show the expenditures so authorized;
(4) state the full name and exact address of Keeping of records
the person so designated; and
(5) be furnished the COMELEC. Every candidate and treasurer of
the party shall keep detailed, full, and accurate
records of all contributions received and
Prohibited donations expenditures incurred by him and by those acting
under his authority, setting forth therein all
(Sec. 104, B.P. 881)
information required to be reported. (Sec. 106b,
B.P. 881)
No candidate, his or her spouse or any
Issuance of receipt
relative within the second civil degree of
consanguinity or affinity, or his campaign
Every candidate, treasurer of the
manager, agent or representative shall during the
political party, and person acting under the
campaign period, on the day before and on the
authority of such candidate or treasurer has the
day of the election, directly or indirectly, make
duty to:
any donation, contribution or gift in cash or in
kind, or undertake or contribute to the
(1) issue a receipt for every contribution
construction or repair of roads, bridges, school
received; and
buses, puericulture centers, medical clinics and
(2) keep a receipt stating the particulars of
hospitals, churches or chapels cement
every expenditure made.
pavements, or any structure for public use or for
the use of any religious or civic organization.
Preservation of records

Records of contributions and

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

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)

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

Filing of Statement of Contributions and

Expenditures 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
Duty to file
expenditures. (Sec. 14, R.A. 7166) The same
prohibition also applies if the political party of the
Within 30 days after election day, the
winning candidate fails to file the statement
candidate and the treasurer of the political party
within the required period
must file with the COMELEC duplicate copies of
the full, true and itemized statement of all
Failure to file the required statements or
contributions and expenditures in connection with
reports constitutes an administrative offense.
the election. (Sec. 14, R.A. 7166)
Offenders are liable to pay an administrative fine
ranging from P 1,000.00 to P 30,000.00. Such
This requirement to file the statement
fine shall be paid within 30 days from receipt of
covers even those who withdrew as candidates
notice of such failure; otherwise, the COMELEC
after having filed their certificates, because Sec.
shall enforce the same by issuing a writ of
14 of R.A. 7166 does not make any distinction.
execution against the properties of the offender.
(Pilar v. COMELEC, 245 SCRA 759)
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
Duty of election registrar to advise
60,000.00, and to a perpetual disqualification to
candidates of their duty
hold office. (Sec. 14, R.A. 7166)
It is the duty of the city or municipal
Except: Candidates for
election registrar to advise in writing, either by
elective barangay office
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) Duties of contractors, suppliers and business
firms

Form and contents of statement Persons or firms to whom any electoral

expenditure is made have the duty to:
The statement shall be in writing,
subscribed and sworn to by the candidate or by (a) Require every agent of a candidate or
the treasurer of the party, shall be complete as of of the treasurer of a political party to
the date next preceding the date of filing, and present written authority to incur
shall set forth in detail the following: electoral expenditures in behalf of
such candidate or treasurer.
(a) the amount of contribution, date of
receipt, and the full name and (b) Keep and preserve at its place of
exact address of the person from business for a period of 3 years after
whom the contribution was the date of the election copies of such
received; written authority, contracts,
(b) the amount of every expenditure, vouchers, invoices and other records
the date thereof, the full name and and documents relative to said
exact address of the person to expenditures, subject to inspection by
whom payment was made, and the COMELEC or its authorized
the purpose of the expenditure; representative.
(c) any unpaid obligation, its nature
and amount, and to whom said (c) File with the COMELEC a report
obligation is owing; and setting forth the full names and
(d) such other particulars which the exact addresses of the candidates,
COMELEC may require. treasurers of political parties and
other persons incurring such
If the candidate or treasurer of the party expenditures, the nature or purpose
has received no contribution, made no of each expenditure, the date and
expenditure, or has no pending obligation, the costs thereof, and such other
statement shall reflect such fact. (Sec. 109, B.P. particulars as the COMELEC may
881) require within 30 days after the

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

The causes for the declaration of a failure

of election may occur before or after the casting
THE ELECTION PROPER of votes or on the day of the election. (Sec. 4,
R.A. 7166)
IN GENERAL
How declared
What constitutes an election
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)

An election is constituted when there is a Procedure for declaration of failure of

plurality of votes sufficient for a choice elections shall be discussed in the last part of this
conditioned on the plurality of valid votes or a reviewer.
valid constituency regardless of the actually
number of votes cast. Otherwise, there would be Holding or continuation of election
no winner.
The COMELEC shall call for the
It is not necessary that a majority of holding or continuation of the election on a date
voters should have elected the winning candidate. reasonably close to the date of the election not
Even if a candidate wins due to a minority vote, if held, suspended, or which resulted in a failure to
the election is lawfully held, a plurality of the elect but not later than 30 days after the
majority is sufficient. cessation of the cause of such suspension or
failure to elect. (Sec. 6, B.P. 881)
Those who did not vote are assumed to
assent to the action of those who voted.
Postponement of elections

Failure of elections

Grounds for postponement of elections

Grounds for declaration of failure of An election may be postponed by the

elections COMELEC either motu proprio or upon a verified
petition by any interested party when there is
In the case of Joseph Peter Sison violence, terrorism, loss or destruction of election
v. COMELEC (G.R. No. 134096, March 3, 1999), paraphernalia or records, force majeure, or other
the Supreme Court said that there are only 3 analogous cause of such a nature that the holding
instances where a failure of elections may be of a free, orderly and honest election becomes
declared, namely: impossible in any political subdivision. (Sec. 5,
B.P. 881)
(1) The election in any polling place has

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

Holding of election
Voter must vote in person.
The COMELEC shall call for the
holding of the election on a date reasonably close
The voter must personally deposit his
to the date of the election not held, suspended, or
ballot.
which resulted in a failure to elect but not later
than 30 days after the cessation of the cause for
By the principle that what is done in
such postponement or suspension of the election
one’s presence and by his express direction is, in
or failure to elect. (Sec. 5, B.P. 881)
law, his act, an infirm or aged voter may
undoubtedly employ another to perform the
mechanical act of depositing in the voter’s
Special election presence the ballot which the latter has himself
(Sec. 4, R.A. 7166) selected.

In case a permanent vacancy occurs in Voter must vote but once.

the Senate or House of Representatives at least 1
year before the expiration of the term, the Each voter shall vote but once, at any
COMELEC shall call and hold a special election to election, for each office or measure to be voted
fill the vacancy not earlier than 60 days nor for.
longer than 90 days after the occurrence of the
vacancy. Voter need not vote the whole ticket.

However, in case of such vacancy in the It is entirely optional with the voter
Senate, the special election shall be held whether he will vote at all or not, and he may
simultaneously with the succeeding regular vote for such offices as he chooses and for such
election. of the several persons to be chosen to the same
office as he prefers.

CASTING OF VOTES
Absentee Voting
Secrecy of the Ballot

Under RA 7166, absentee voting as

provided for in EO 157 shall apply to the elections
The distinguishing feature of this mode of
for President, Vice-President, and Senators ONLY
voting, is that every voter is thus enabled to
and shall be limited to:
secure and preserve the most complete and
violable secrecy in regard to the person for whom
• members of the AFP
he votes, and thus escapes the influences which,
• members of the PNP
under the system of oral suffrages, may be
• other government officers and employees
brought to bear upon him with a view to overbear
and intimidate, and thus prevent the real
who are duly registered voters and who, on
expression of public sentiment.
election day, may temporarily be assigned in
connection with the performance of their election
A legal voter will not be compelled to
duties to places where they are not registered
disclose for whom he voted. Moreover, third
voters.
persons are not permitted to testify to its purport.

The voter may, however, if he chooses,

waive his privilege of secrecy and voluntarily Block Voting
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 There is no longer block voting under

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

Voting Hours • enter a booth occupied by

another, nor enter the
same accompanied by
somebody, except as
provided for in the
GENERAL RULE: The casting of votes
succeeding section hereof;
shall be at 7 a.m. and shall end at 3 p.m.
• stay therein for a longer
EXCEPTION: When there are voters
time than necessary
present within 30 meters in front of the
polling place who have not yet cast their
• speak with anyone other
votes, in which case the voting shall
than as herein provided
continue but only to allow said voters to
while inside the polling
cast their votes without interruption. The
place.
poll clerk shall prepare a complete list
containing the names of said voters
It shall be unlawful to:
consecutively numbered, and the voters so
listed shall be called to vote by announcing
• prepare the ballot outside the
each name repeatedly three times in the
voting booth;
order in which they are listed. Any voter in
• exhibit its contents to any
the list who is not present when his name
person
is called out shall not be permitted to vote.
• erase any printing from the
ballot
• intentionally tear or deface the
Authentication of the ballot same or put thereon any
distinguishing mark;
• use carbon paper, paraffin
paper, or other means for
In every case, before delivering an official making a copy of the contents
ballot to the voter, the chairman of the Board of of the ballot;
Election Inspectors shall affix his signature at the • make use of any other means
back of the ballot in the presence of the voter. to identify the vote of the
voter.
Failure to authenticate shall be noted in
the minutes of the Board of Election Inspectors Preparation of Ballots for
and shall constitute an election offense. (Sec. 24, Illiterates and Disabled Persons (Sec.
R.A. 7166) 196, B.P. 881)

There is nothing in the law that provides No voter shall be allowed to vote as an
that a ballot which has not been authenticated illiterate or as a physically disabled unless
shall be deemed spurious. The law merely makes it is so indicated in his registration record.
the Chairman of the Board of Election Inspectors
accountable for such an omission. (Libanan v. A voter who is illiterate or physically
HRET, G.R. No. 129783, December 22, 1997) unable to prepare the ballot by himself
Thus, it was held in Punzalan v. COMELEC (289 may be assisted in the preparation of his
SCRA 702) that the ballot is valid even if it is not ballot by the following:
signed at the back by the BEI Chairman.
(a) a relative by affinity or
consanguinity within the fourth
Preparing the ballot and voting civil degree, or

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

(c) any member of the board of (3) In the presence of all the members of
election inspectors. the board of election inspectors, he shall
affix his thumbmark on the corresponding
In no case shall an assistor assist space in the coupon, and deliver the folded
more than 3 times. ballot to the chairman.

The person assisting shall: (4) The chairman, in the presence and
view of the voter and all the members of the
• prepare the ballot for the board of election inspectors, without
illiterate or disabled voter inside unfolding the ballot or seeing its contents,
the voting booth; shall verify its number from the voting
record where it was previously entered.
• bind himself in a formal
document under oath to fill out Any ballot whose number does
the ballot strictly in accordance not coincide with the number of
with the instructions of the the ballot delivered to the
voter and not to reveal the voter, as entered in the voting
contents of the ballot prepared record, shall be considered as
by him. spoiled and shall be so marked
and signed by the members of
A violation of these 2 duties shall the board of election
constitute an election offense. inspectors.

Spoiled Ballots (5) The voter shall affix his thumbmark

by the side of his signature in the space
If a voter should accidentally intended for that purpose in the voting
spoil or deface a ballot in such record and the chairman shall apply silver
a way that it cannot lawfully be nitrate and commassie blue on the right
used, he shall surrender it forefinger nail or on any other available
folded to the chairman who finger nail, if there be no forefinger nail.
shall note in the corresponding
space in the voting record that (6) The chairman shall sign in the proper
said ballot is spoiled. The voter space beside the thumbmark of the voter.
shall then be entitled to
another ballot which the Note that the absence of
chairman shall give him after the signature of the
announcing the serial number chairman in the ballot given
of the second ballot and to a voter as proof of the
recording the serial number in authenticity of the ballot, is
the corresponding spaces in the fatal.
voting record.
(7) The chairman, after finding
No voter shall change his ballot everything to be in order, shall then detach
more than once. (Sec. 14, R.A. 8436) the coupon in the presence of the board of
election inspectors and of the voter and shall
The spoiled deposit the folded ballot in the compartment
ballot shall, without being for valid ballots, and the detached coupon in
unfolded and without removing the compartment for spoiled ballots.
the detachable coupon, be
distinctly marked with the word Any ballot returned to
"spoiled" and signed by the the chairman whose
board of election inspectors on detachable coupon has been
the endorsement fold thereof removed not in the
and immediately placed in the presence of the board of
compartment for spoiled election inspectors and of
ballots. the voter, shall be

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

Challenge of Illegal Voters Non-conclusiveness of admission of

challenged vote (Sec. 201, B.P. 881)
(Sec. 199, B.P. 881)
It must be noted that the admission of
the challenged vote shall not be conclusive upon
Any voter or watcher may challenge any
any court as to the legality of the registration of
person offering to vote for not being registered,
the voter challenged or his vote in a criminal
for using the name of another or suffering from
action against such person for illegal registration
existing disqualification. In such case, the board
or voting.
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. Records or Statements to be Prepared and
Kept
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 Record of Challenges and Oaths
not preclude him from voting if his identity be
shown from the photograph, fingerprints, or The poll clerk shall keep a prescribed
specimen signatures in his approved application record of challenges and oaths taken in
in the book of voters or if he is identified under connection therewith and the resolution of the
oath by a member of the board of election board of election inspectors in each case and,
inspectors and such identification shall be upon the termination of the voting, shall certify
reflected in the minutes of the board. that it contains all the challenges made.

The original of this record shall be

Challenge Based on Certain Illegal Acts (Sec. attached to the original copy of the minutes of the
200, B.P. 881) voting as provided in the succeeding section.
(Sec. 202, B.P. 881)
Any voter or watcher may challenge any voter
offering to vote on any of the following grounds: Minutes of Voting and Counting of Votes

• that the challenged person has The board of election inspectors shall
received or expects to receive, prepare and sign a statement in four copies
has paid, offered or promised setting forth the following:
to pay, has contributed,
offered or promised to • time the voting
contribute money or anything commenced and ended;
of value as consideration for • serial numbers of the
his vote or for the vote of official ballots and election
another; returns, special envelopes
and seals received;
• that he has made or received • number of official ballots
a promise to influence the used and the number left
giving or withholding of any unused;
such vote; or • number of voters who cast
their votes;
• that he has made a bet or is • number of voters
interested directly or indirectly challenged during the
in a bet which depends upon voting;
the result of the election. • names of the watchers

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

Copies of this statement after being duly The entire Board shall be composed of
accomplished shall be sealed in separate public school teachers, priority to be given to
envelopes and shall be distributed as follows: those with permanent appointments. (Sec. 164,
BP 881, as amended by Sec. 13, R.A. 6646)
• the original to the city or However, in case there are not enough public
municipal election school teachers, the following may be appointed
registrar; for election duty:
• the second copy to be
deposited inside the • teachers in private schools;
compartment for valid • employees in the civil
ballots of the ballot box; service; or
• the third and fourth copies • other citizens of known
to the representatives of probity and competence who
the accredited political are registered voters of the
parties. (Sec. 203, B.P. city or municipality
881)

Powers of the Board of Election Inspectors

List of Unused Ballots (Sec. 168, BP 881)

The chairman of the board of election The board of election inspectors shall
inspectors shall prepare a list showing the have the following powers and functions:
number of unused ballots together with the serial
numbers. • Conduct the voting and counting of
votes in their respective polling
This list shall be signed by all the places;
members of the board of election inspectors, after
which all the unused ballots shall be torn halfway • Act as deputies of the Commission in
in the presence of the members of the board of the supervision and control of the
election inspectors. (Sec. 204, B.P. 881) election in the polling places wherein
they are assigned, to assure the

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

If it becomes necessary to transfer the

Prohibitions on the Board of Election counting of votes to a safer place on account of
Inspectors imminent danger of violence, terrorism, disorder
or similar causes, the Board of Election Inspectors
• No person shall serve a chairman or may effect such transfer by unanimous approval
member of the Board if he / she is by the Board and concurrence by the majority of
related within the 4th civil degree of the watchers present. (Sec. 18, R.A. 6646)
consanguinity or affinity to any
member of the Board, or to any
candidate to be voted for in the Manner of Counting Votes
polling place or his spouse (Sec. 167,
BP 881) 1. The board of election inspectors
shall unfold the ballots and form
• No member of the Board shall engage separate piles of one hundred
in any partisan political activity or ballots each, which shall be held
take part in the election except to together with rubber bands, with
discharge his duties as such and to cardboard of the size of the
vote. (Sec. 173, BP 881) ballots to serve as folders.

• No member of the Board shall, before 2. The chairman of the board of

the termination of the voting, make election inspectors shall take the
any announcement as to whether a ballots of the first pile one by one
certain registered voter has already and read the names of candidates
voted or not, as to how many have voted for and the offices for which
already voted or how many so far they were voted in the order in
have failed to vote, or any other fact which they appear thereon,
tending to show or showing the state assuming such a position as to
of the polls, nor shall he make any enable all of the watchers to read
statement at any time as to how any such names.
person voted, except as witness
before a court. (Sec. 205, BP 881) 3. The chairman shall sign and affix
his right hand thumbmark at the
back of the ballot immediately
Counting proper after it is counted.

4. The poll clerk, and the third

member, respectively, shall
record on the election returns and
Counting to be Public and Without
the tally board or sheet each vote
Interruption
as the names voted for each
office are read. (The election
As soon as the voting is finished, the
returns are mandated by law to
board of election inspectors shall publicly count in
be prepared simultaneously with
the polling place the votes cast and ascertain the
the counting of the votes.)
results. The Board shall not adjourn or postpone
or delay the count until it has been fully
5. After finishing the first pile of
completed, unless otherwise ordered by the
ballots, the board of election
COMELEC.
inspectors shall determine the
total number of votes recorded
for each candidate, the sum being
Venue for counting of votes
noted on the tally board or sheet
and on the election returns. In
The COMELEC in the interest of free,
case of discrepancy such recount
orderly, and honest elections, may order the
as may be necessary shall be
board of election inspectors to count the votes

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

Duties of the Board of Election Inspectors in The determinative factor in the

Counting the Votes nullification of ballots for being marked as
following a design or pattern, is the existence of
The board’s duties are confined to the evidence aliunde tending to show the intention or
conduct of the elections and the counting of purpose in the use of the contested manner or
votes. The board of election inspectors does not means of voting, which is to identify the ballots.
decide the eligibility of candidates, and therefore In the absence of evidence aliunde clearly
has no authority to ignore the votes for a showing the intention or plan was for purposes of
candidate who has filled out his certificate of identification, signs on ballots are presumed
candidacy in the proper form. accidental.

Counting should be liberal to effectuate A majority vote of the board of election

the will of the electorate. Voters should not be inspectors shall be sufficient to determine
disenfranchised for technical causes. whether a ballot is marked or not.

It is the duty of the board of election All marked ballots shall be placed in an
inspectors to issue a certificate of the number of envelope labeled "marked ballots" which shall be
the votes received by a candidate upon request of sealed and signed by the members of the board
the watchers. All the members of the board of of election inspectors and placed in the
election inspectors shall sign the certificate. compartment for valid ballots and shall not be
counted.

Instances of Marked Ballots

Marked Ballots
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
Marked ballots defined
examples of marked ballots include the following:
Marked ballots are ballots containing a
• Where 170 ballots were voted for in
distinguishing mark which would tend to identify
the same manner (i.e. name of one
the voter who cast such ballot.

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

• Writing the name of a registered • The presence of an arrow together

voter who is not a candidate. with the words “and party”.

• The words, “Minte” and “Kabayan” on

block or printed form, both enclosed Instances when Ballot is not Considered
in parenthesis, written after 2 names Marked
on the 2nd and 7th spaces for
councilors. The following ballots have been considered NOT
marked:
• The placing, without explanation of
initials, after the corrected names of • Writing the word “sorry” after the
candidates for mayor and vice-mayor. name of a candidate as an expression
of regret for committing a mistake.
• The writing of the phrase “Liberal
Party” 11 times on the space for vice- • Canceling names and re-writing them
mayor, the spaces for the board to conform with a sample ballot.
members and from the 2nd to the 8th
space for councilors, and the word • Misspelling the name of a candidate.
“Factor” on the 1st space for
councilor. • Illegible writings, being imprints of
other names written on the ballot
• Writing an irrelevant epithet such as caused by the folding of the same.
“saging” after the name of a
councilor. • Writing crosses and circles signifying
the desistance of the voter to write
• Placing a big letter “X” immediately any other name.
after the name of a candidate for
councilor. • Writing a word before the name of a

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

Considered as a
Vote for a candidate who
STRAY vote but
has been disqualified by
Guiding Principles in the Appreciation of shall not invalidate
final judgment
Ballots the whole ballot

Only candidates’ FIRST

DOUBTS are to be resolved in FAVOR of
NAME or SURNAME is
the validity of ballots. The purpose is of election
written, and there is NO Vote for the
laws is to give effect and not to frustrate the WILL
other candidate with the candidate is valid
of the voter.
same first name or surname
for the same office
LIBERAL CONSTRUCTION in reading the
ballots, and intendments should be in favor of a Only candidates’ FIRST
Vote counted in
reading which render the ballot EFFECTIVE rather NAME is written which when
favor of the
than in favor of a conclusion which on some read has a SOUND SIMILAR
candidate with
technical grounds would render it ineffective. to the SURNAME of another
such SURNAME
candidate
Minor blemishes should not affect the
validity of the ballot where the intention of the If there are 2 or more
voter to vote for certain persons is discernible in candidates with the SAME
the ballot. FULL NAME, FIRST NAME or
SURNAME, and one of them Vote counted for
Errors in spelling, honest mistakes due to is the INCUMBENT, and on the INCUMBENT
ignorance or illiteracy should not defeat the the ballot is written ONLY
intention of the voter. However, if the ballot is so such full name, first name
defective as to fail to show any intention, it must or surname
be disregarded. Woman candidate uses her A ballot bearing
MAIDEN NAME or MARRIED only such surname
NAME or BOTH, and there is shall be counted in
Rules for Appreciation of Ballots (Sec. 211,
another candidate with the favor of the
BP 881)

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

Vote shall be Erroneous initial of

counted for the SURNAME accompanied by Shall NOT annul
candidate for the CORRECT FIRST NAME of the vote
office for which he the candidate
is running for.
Name or surname of a Shall NOT annul
candidate appears in the Erroneous MIDDLE INITIAL
the vote
space of the ballot for an
office for which he is a Vote for the office The fact that there exists
candidate and for an office for which he is NOT another person who is NOT
Shall NOT annul
for which he is NOT a a candidate shall a candidate with the same
the vote
candidate be considered a first name or surname of a
STRAY vote candidate
EXCEPT when it is
used to identify the COMMAS, DOTS, HYPHENS Shall NOT
voter in which case between the first name and invalidate the
the whole ballot is surname of the candidate or ballot UNLESS it

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

UNINTENTIONAL or
ACCIDENTAL flourishes,
Definition
strokes, strains

Shall NOT annul The election returns are the official

NICKNAMES and the vote EXCEPT document containing the date of the election, the
APPELATIONS of affection when such is used province, municipality and the precinct in which it
and friendship accompanied to identify the is held, and the votes received by each candidate
by the FIRST NAME or voter in which written in figures and in words. It is the
SURNAME of the candidate case, the whole document on which the Certificates of Canvass
ballot is VOID are based, and is the only document that
constitutes sufficient evidence of the true and
NICKNAME used is one by Vote counted for genuine results of the elections. (See Garay v.
which the candidate is the candidate IF COMELEC, 261 SCRA 222)
generally or POPULARLY there is no other
KNOWN in the locality and candidate for the
UNACCOMPANIED by a first SAME OFFICE with Number of Copies and Their Distribution
name or surname of the the SAME (Sec. 27, R.A. 7166, as amended by R.A. 8045
candidate NICKNAME and R.A. 8173)
Vote NOT counted
The board of election inspectors shall
in favor of any
prepare in their handwriting the returns in their
candidate having
CORRECTLY written FIRST polling places, in the number of copies herein
such first name
NAME of the candidate with provided and in the form to be prescribed and
BUT the ballot is
a DIFFERENT SURNAME provided by the COMELEC.
considered valid
for other
candidates
In the election of President, Vice-
Vote NOT counted President, Senators, and Members of the House of
2 or more candidates are in favor of any of Representatives, the copies of the election returns
voted for an office which them BUT the shall be distributed as follows:
the law authorizes election ballot is considered
of only ONE valid for other
candidates
1st Copy: City or municipal board of canvassers
Valid ballot BUT 2nd Copy: Congress, directed to the Senate
the votes counted President
are those names 3rd Copy: COMELEC
Candidates voted for
which were FIRST 4th Copy: Dominant majority party, as
EXCEED the number of
WRITTEN by the determined by the COMELEC
those to be elected
voter until the 5th Copy: Dominant minority party, as
authorized number determined by the COMELEC
is covered 6th Copy: Citizens' arm authorized by the
VALID (to read COMELEC to conduct an unofficial count
7th Copy: Deposited inside the compartment of
such ballots, the
the ballot box for valid ballots
board of election
Ballots totally written in
inspectors can use
ARABIC in localities where it
an interpreter who
is of GENERAL USE In the election of local officials, the copies
has shall taken an
of the election returns shall be distributed as
oath to read them
correctly) follows:

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

Issuance of the Certificate of Votes Canvass and Certificate of Canvass defined

Certificate of votes defined The canvass of votes refers to the

process by which the results in the election
The certificate of votes is a document returns are tallied and totalled.
which contains the number of votes obtained by
each candidate written in words and figures, the Certificates of canvass are official
number of the precinct, the name of the city or tabulations of votes accomplished by district,
municipality and province, the total number of municipal, city and provincial canvassers based
voters who voted in the precinct, and the date on the election returns, which are the results of
and time issued. It must be signed and the ballot count at the precinct level.
thumbmarked by each member of the Board.
(Sec. 16, R.A. 6646)

Duty of Board to issue certificate

Nature of canvass proceedings
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. Canvass proceedings are administrative
6646) Refusal to do so constitutes an election and summary in nature.
offense. (Sec. 27, R.A. 6646)

Composition of the Board of Canvassers

Admissibility in evidence (Sec. 221, BP 881, as amended by Sec. 20, RA
6646)
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

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

Chairman Provincial election supervisor or City election registrar or a Election registrar or a

lawyer in the regional office of lawyer of COMELEC; represen-tative of
the COMELEC COMELEC
In cities with more than 1
election registrar, COMELEC
shall designate the election
registrar who shall act as
chairman

Vice provincial fiscal city fiscal municipal treasurer

Chairman

Member provincial superintendent of city superintendent of most senior district

schools schools school supervisor or in
his absence a principal of
the school district or the
elementary school

However, in case of non-availability, absence, of Canvassers, the COMELEC may appoint the
disqualification due to relationship, or incapacity following as substitutes, in the order named:
for any cause of any of the members of the Board

PROVINCIAL CITY MUNICIPAL

Chairman Ranking lawyer of the Ranking lawyer of the Ranking lawyer of the
COMELEC COMELEC COMELEC

Vice Chairman (1) Provincial auditor (1) City auditor or (1) Municipal
equivalent; Administrator;
(2) Registrar of Deeds
(2) Registrar of Deeds; (2) Municipal Assessor;
(3) Clerk of Court
nominated by the (3) Clerk of Court (3) Clerk of Court
Executive Judge of the nominated by the nominated by the
RTC; Executive Judge of the Executive Judge of
RTC; the MTC;
(4) Any other available
appointive provincial (4) Any other available (4) Any other available
official appointive city official appointive municipal
official

Member Same as for Vice- Same as for Vice-Chairman Same as for Vice-
Chairman Chairman
of the said board. (Sec. 222, B.P. 881)

• No member or substitute member of the

Prohibitions on the Board of Canvassers different boards of canvassers shall be
transferred, assigned or detailed outside of
his official station, nor shall he leave said
station without prior authority of the
• The chairman and the members of the Board
COMELEC during the period beginning
of Canvassers shall not be related within the
election day until the proclamation of the
4th civil degree of consanguinity or affinity to
winning candidates. (Sec. 223, B.P. 881)
any of the candidates whose votes will be
canvassed by said board, or to any member
• No member of the board of canvassers shall

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

• not legible
Jurisdiction of COMELEC over the Board of
Canvassers
Canvass by the Board
(Sec. 231, B.P. 881)

COMELEC has direct control and

supervision over the board of canvassers. Any The Board of Canvassers must meet not
member of the Board may, at any time, be later than 6:00 p.m. on election day to receive
relieved for cause and substituted motu proprio the election returns and canvass those received.
by the COMELEC. (Sec. 227, B.P. 881) The Board of Canvassers must meet continuously
from day to day until the canvass is completed.
COMELEC has the power to investigate The Board of Canvassers may adjourn ONLY for
and act on the propriety or legality of the canvass the purpose of awaiting other election returns.
of election returns made by the board of When it adjourns, it shall make a total of all votes
canvassers. canvassed so far for each candidate for each
office furnishing the COMELEC in Manila a
certified copy and to make available copies to the
media and other interested parties. The Board of
Nature of the Board of Canvassers’ Duties Canvassers must resume canvassing once more
returns are received.

The canvass proceedings must be open

and in public.
A canvassing board's task is to compile
and add the results as they appear in the election
A majority vote of all the members of the
returns transmitted to it. (Guiao v. COMELEC,
Board of Canvassers is needed in order to render
137 SCRA 366)
a decision.
When Ministerial
Time Period to Complete Canvass
If there are no irregularities in the
election returns, the duty of the Board in
Subject to reasonable exceptions, the
canvassing the votes on the election returns
Board of Canvassers is required to complete their
submitted to it consists in the simple matter of
canvass within the following periods:
arithmetic. Once the COMELEC or the board of
canvassers is satisfied in the authenticity of the
Municipalities: 36 hours
returns, it has no power to look beyond the face
thereof, and its task of tallying is merely
ministerial.
Cities not comprising
at least 1 legislative district: 36 hours
When there is an error in the
computation which is discovered after
Cities comprising at least
proclamation, the board of canvassers can simply
1 legislative district: 48 hours
correct the error; the remedy being purely
administrative.
Provinces: 72 hours
When Quasi-Judicial
Any violation of this requirement is an
election offense. (Sec. 231, B.P. 881)
The board of canvassers must be
satisfied that the election returns submitted to it
Canvassing Committees (Sec. 22, R.A. 6646)
are genuine and authentic. Thus, the board of
canvassers will not be compelled to canvass the
The Board of Canvassers may constitute
returns when they are found to be:
such number of canvassing committees as may

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

Principles governing canvass proceedings The findings of the board of canvassers

and the certificate of election issued by them are
There must be a strong prima facie case not conclusive but are merely PRIMA FACIE
backed up by a specific offer of evidence, and an evidence of the result and title to the office of
indication of its nature and importance has to be those declared elected.
made out to warrant the reception of evidence
aliunde, for the presentation of witnesses and the As to all other collateral matters, the
delays necessarily entailed thereby. findings of the board are conclusive. However,
such findings are not conclusive in a direct
When COMELEC has determined after proceeding to try title to the office.
investigation and examination of the voting and
registration records that ACTUAL VOTING and The fact of having a plurality of votes
ELECTION took place in the questioned precincts, lawfully cast is what confers title to the office
election returns cannot be disregarded but are UNLESS one is allowed to go behind the
accorded prima facie status as bona fide reports certificate or returns to establish title to the office
of the result of voting for canvassing and before the appropriate tribunal.
proclamation purposes.

COMELEC should guard against Duties of the Provincial, City, District and
PROCLAMATION GRABBING and against attempts Municipal Board of Canvassers (Sec. 28, R.A.
to paralyze the canvassing and proclamation. 7166)

To allow a respondent to raise belated

BOC CANVASS PREPARE PROCLAIM CERTIFICATE OF
CERTIFICATE OF CANVASS
CANVASS SUPPORTED BY

President President Elected Statement of Votes

Municipal by precinct, signed
Vice-President Vice-President
Officials and thumb-marked
Senators Senators by the chairman and
members of the
Municipal Congressmen Congressmen Board, and the
Elective Provincial Elective Provincial principal watchers if
Officials Officials available

Elective Municipal
Officials

City – cities which President President Elected City Statement of Votes

don’t comprise at Officials by precinct, signed
Vice-President Vice-President
least legislative and thumb-marked
district Senators Senators by the chairman and
members of the
Congressmen Congressmen Board, and the
Elective Provincial Elective Provincial principal watchers if

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

City – cities President President Congress-men Statement of Votes

comprising 1 or by precinct, signed
Vice-President Vice-President Elected City
more legislative and thumb-marked
Officials
districts Senators Senators by the chairman and
members of the
Congressmen Board, and the
Elective City principal watchers if
Officials available

District BOC – for President President Congress- Statement of votes

each municipality men by precinct
Vice-President Vice-President
in Metro Manila
Elected
comprising a Senators Senators
legislative district Municipal
Congressmen Officials

Elective Municipal
Officials

Municipal BOC – President President Elected Statement of Votes

for each Municipal by precinct, signed
Vice-President Vice-President
component Officials and thumb-marked
municipality in a Senators Senators by the chairman and
legislative district members of the
in Metro Manila Congressmen Congressmen Board, and the
Elective Municipal principal watchers if
Officials available

District BOC – in President President Elected Statement of votes

each legislative Congressmen by municipality, and
Vice-President Vice-President
district in the the original copy
comprising 2 Senators Senators Legislative thereof for Congress
municipalities in District shall also be sup-
Metro Manila Congressmen ported by Statement
of Votes by precinct
as submitted by the
city or municipal
BOCs

Provincial President President Elected Statement of votes

congressmen by municipality,
Vice-President Vice-President
and the original
Elected
Senators Senators copy thereof for
Provincial
Congress shall also
Congressmen Officials
be sup-ported by
Elective Provincial Plebiscite Statement of Votes
Officials Results by precinct as
submitted by the
Plebiscite Results city or municipal
BOCs

The respective board of canvassers shall

Preparation of the Certificate of Canvass and prepare a certificate of canvass duly signed and
Statement of Votes 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
Certificate of canvass

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

Failure to object to the Statement of 2nd copy: COMELEC, for use in the canvass
Votes before the Board of Canvassers does not of the election results for
constitute a bar to raising the issue for the first Senators
time before the COMELEC, as the law is silent as
to when such objection may be raised. 3rd copy: To be kept by the chairman of
the board of canvassers

Number of Copies of the Certificates of 4th copy: Citizens' arm designated by the
Canvass and Their Distribution (Sec. 29, R.A. COMELEC to conduct media-
7166) based unofficial count

City or Municipal Board of Canvassers: 5th to 7th copies: Representatives of any 3 of 6

major political parties according
The City or Municipal Board of to the voluntary agreement of
Canvassers shall prepare the certificates of the parties; if there is no
canvass for President, Vice-President, Senators, agreement, COMELEC shall
Members of the House of Representatives, and decide based on the criteria
Elective Provincial Officials in 7 copies to be under sec. 26 of RA 7166
distributed as follows:

1st copy: Provincial board of canvassers –

for canvassing of election results Congress as the National Board of
for President, Vice-President, Canvassers
Senators, Members of the House
(Sec. 30, R.A. 7166)
of Representatives and Elective
Provincial Officials
Congress shall determine the authenticity
2nd copy: COMELEC
and due execution of the certificate of canvass for
President and Vice President as accomplished and
3rd copy: To be kept by the chairman of
transmitted by the local board of canvassers, on a
the board of canvassers
showing that:
4th copy: Citizens' arm designated by the
(1) Each certificate was executed, signed and
COMELEC to conduct media-
thumbmarked by the chairman and
based unofficial count
members of the board of canvassers and
transmitted to Congress by them;
5th to 7th copies: Representatives of any 3 of 6

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

Canvass of Votes for the President and Vice-

When proclamation void
President (Sec. 24, R.A. 8436)
A proclamation is void when it is based
The certificates of canvass for President
on incomplete returns (Castromayor v. COMELEC,
and Vice-President shall be duly certified by the
250 SCRA 298) or when there is yet no complete
board of canvassers of each province or city.
canvass (Jamil v. COMELEC, G.R. No. 123648,
Dec. 15, 1997).
The certificates of canvass for President
and Vice-President shall be transmitted to
A void proclamation is no proclamation at
Congress, directed to the Senate President. Upon
all, and the proclaimed candidate’s assumption
receipt of the certificates of canvass, the Senate
into office cannot deprive the COMELEC of its
President shall not later than 30 days after the
power to annul the proclamation.
day of the election OPEN all the certificates in the
presence of the Senate and the House of
Representatives in joint public session.
Partial proclamation (Sec. 21, R.A. 7166)
Congress upon the determination of the
Notwithstanding the pendency of any
authenticity and due execution thereof, shall
pre-proclamation controversy, the COMELEC may
canvass the votes.
summarily order the proclamation of other
winning candidates whose election will not be
The person having the highest number of
affected by the outcome of the controversy.
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
Election Resulting in a Tie (Sec. 240, B.P.
vote of MAJORITY of all the members of BOTH the
881)
Senate and the House of Representatives, voting
separately.

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

(a) 2 or more candidates receive an equal

and highest number of votes; or MODES OF CHALLENGING CANDIDACY &
ELECTION RESULTS
(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
NUISANCE CANDIDATES &
the number to be elected.
CANCELLATION OF CERTIFICATE OF
CANDIDACY
The board of canvassers, by resolution,
upon 5 days notice to all tied candidates, shall
hold a special PUBLIC MEETING at which the Declaration of Nuisance Candidacy
board shall proceed to the DRAWING OF LOTS of (Sec. 5, R.A. 6646)
the candidates who have tied and shall proclaim
as elected the candidates who may be favored by
luck. Grounds for declaration of nuisance
candidacy
The candidates so proclaimed shall have
the right to assume office in the same manner as See discussion under Certificate
if he had been elected by plurality of vote. of Candidacy.

The board of canvassers shall forthwith Nature of proceedings

make a certificate stating the name of the
candidate who had been favored by luck and his Proceedings to have a candidate
proclamation on the basis thereof. declared as a nuisance candidate are summary in
nature. In lieu of oral testimonies, the parties
Nothing in the above shall be construed may be required to submit position papers
as depriving a candidate of his right to contest together with affidavits or counter-affidavits and
the election. other documentary evidence.

Proclamation of a Lone Candidate (R.A.

8295) Procedure for declaration of candidate as
nuisance candidate
Upon the expiration of the deadline for
the filing of certificates of candidacy in a special WHAT FILED: Verified petition
election called to fill a vacancy in an elective
position other than for President and Vice- WHO MAY FILE: Any registered
President, when there is only one (1) qualified candidate for the same office
candidate for such position, the lone candidate
shall be proclaimed elected to the position by WHEN FILED: Within 5 days from the
proper proclaiming body of the COMELEC without last day for the filing of
holding the special election upon certification by certificates of candidacy
the COMELEC that he is the only candidate for the
office and is therefore deemed elected. (Sec. 2) WHERE FILED: With the COMELEC

In the absence of any lawful ground to PROCEDURE:

deny due course or cancel the certificate of
candidacy in order to prevent such proclamation, (1) The petition is filed with the COMELEC
as provided for under Sec. 69 and 78 of the personally or through duly-authorized
Omnibus Election Code, the lone candidate shall representative within 5 days from the last
assume office not earlier than the scheduled day for the filing of certificates of
election day. (Sec. 3) candidacy. Filing by mail is not allowed.

The COMELEC shall decide petitions for (2) Within 3 days from the filing of the petition,
disqualification not later than election day. the COMELEC shall issue summons to the
Otherwise, such petitions shall be deemed respondent candidate, together with a copy
dismissed. (Sec. 3) of the petition and its enclosures, if any.

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

(4) The COMELEC may then designate any of WHEN FILED: Within 5 days from the last day
its officials who are lawyers to hear the for the filing of certificates of
case and receive evidence. In lieu of oral candidacy
testimonies, the parties may be required to
submit position papers together with WHERE FILED: With the Law Department of the
affidavits or counter-affidavits and other COMELEC
documentary evidence. The hearing officer
shall immediately submit to the COMELEC
his findings, reports, and recommendations
within 5 days from the completion of such PRE-PROCLAMATION CONTROVERSIES
submission of evidence.

(5) The COMELEC shall then render its decision Meaning of Pre-Proclamation Controversy
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 A pre-proclamation controversy refers to
election inspectors, and the general public any question or matter pertaining to or affecting
in the political subdivision concerned within the proceedings of the board of canvassers, or
24 hours through the fastest available any matter raised under Sec. 233-236 of BP 881
means. in relation to the preparation, transmission,
receipt, custody and appreciation of the election
(6) After 5 days from receipt of the parties, the returns. (Sec. 241, BP 881)
decision becomes final and executory
unless stayed by the Supreme Court.

Jurisdiction
Cancellation of Certificate of Candidacy

The COMELEC has exclusive jurisdiction

Grounds for cancellation of certificate of over pre-proclamation cases. It may order, motu
candidacy proprio or upon written petition, the partial or
total suspension of the proclamation of any
A certificate of candidacy may be candidate-elect or annul partially or totally any
cancelled or denied due course on either of the proclamation, if one has been made. (Sec. 242,
following grounds: BP 881)

(1) False material representation in the

certificate of candidacy; When not allowed

(2) If the certificate filed is a substitute

Certificate of Candidacy, when it is not
a proper case of substitution under Sec.
Pre-proclamation controversies are not
77 of BP 881 (Sec. 2, Rule 24,
allowed for the following positions:
COMELEC Rules of Procedure)
• President
Nature of proceedings
• Vice President
• Senator
Proceedings for cancellation or
• Member of the House of Representatives
denial of due course of a certificate of candidacy
(Sec. 15, R.A. 7166)
are summary in nature.

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

(4) Substituted or fraudulent returns in

controverted polling places were
All pre-proclamation controversies shall
canvassed, the results of which
be heard summarily by the COMELEC after due
materially affected the standing of the
notice and hearing. This is because canvass and
aggrieved candidate(s).
proclamation should be delayed as little as
possible. Questions which require more
(5) Manifest errors in the Certificates of
deliberate and necessarily longer consideration
Canvass or Election Returns (Sec. 15,
are left for examination in the corresponding
R.A. 7166; Chavez v. COMELEC, 211
election protest. (Sison v. COMELEC, G.R. No.
SCRA 315)
134096. March 3, 1999)

Dimaporo v. COMELEC
It must be noted that this enumeration is
restrictive and exclusive. The complete election
The policy behind limiting the issues
returns whose authenticity is not questioned must
of the pre-proclamation controversy is to
be prima facie considered valid for purposes of
determine as quickly as possible the
canvass and proclamation. To allow a re-count or
results of the elections on the basis of the
a re-appreciation of the votes in every instance
canvass. It may well be true that the
would paralyze canvass and proclamation.
public policy may occasionally permit the
occurrence of grab the proclamation and
prolong the protest situations; that public
policy however, balances the possibility of Issues that cannot be raised
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. Jurisprudence has held that the following
For those who disagree with the policy, issues are not proper in a pre-proclamation
the recourse is with the legislature. controversy:

The mandatory requirement to • Appreciation of ballots, as this is

comply with the procedure for a pre- performed by the Board of Election
proclamation controversy is in view of the Inspectors at the precinct level and is
policy to have a quick determination of not part of the proceedings of the Board
the election results. of Canvassers (Sanchez v. COMELEC,
153 SCRA 67, reiterated in Chavez v.
COMELEC, 211 SCRA 315);
Issues that may be Raised
• Technical examination of the signatures
and thumb marks of voters (Balindong
v. COMELEC, 260 SCRA 494; Matalam
v. COMELEC, 271 SCRA 733);
(1) Illegal composition or proceedings of the
board of election canvassers
• Prayer for re-opening of ballot boxes
(Alfonso v. COMELEC, G.R. No. 107847,
(2) Canvassed election returns are either:
June 2, 1994);
• incomplete
• Padding of the Registry List of Voters of
• contain material defects
a municipality, massive fraud and
• appear to be tampered with or
terrorism (Ututalum v. COMELEC, 181
falsified
SCRA 335);
• contain discrepancies in the
same returns or in other
• Challenges directed against the Board
authentic copies
of Election Inspectors (Ututalum v.
COMELEC, supra)
(3) The election returns were:
• Fraud, terrorism and other illegal
• prepared under duress, threats,

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

(4) Upon appeal, the COMELEC shall

Procedure summarily decide the case within 5
days from the filing thereof. (Sec.
19, R.A. 7166)

If initiated directly with the COMELEC:

The procedure for filing a pre-proclamation
controversy depends on the issue being
(1) Petitioner files petition with the
raised:
COMELEC.
(a) Questions involving the composition or
(2) Upon the docketing of such petition,
proceedings of the board of canvassers,
the Clerk of Court concerned shall
or correction of manifest errors
issue summons with a copy of the
petition to respondents.
WHERE: The controversy may be initiated
either in the Board of Canvassers
(3) The Clerk of Court concerned shall
or directly with the COMELEC.
immediately set the petition for
(Sec. 17, R.A. 7166)
hearing. The COMELEC shall hear
and decide the petition en banc.
WHEN: It depends:
The Board of Canvassers shall not
(a) If petition involves the illegal
commence, proceed or resume canvass unless
composition or proceedings of
otherwise ordered by the COMELEC. (Sec. 5,
the board, it must be filed
Rule 27, COMELEC Rules of Procedure)
immediately when the board
begins to act as such (Laodeno v.
COMELEC, 276 SCRA 705), or at
(b) Matters relating to the preparation,
the time of the appointment of the
transmission, receipt, custody and
member whose capacity to sit as
appreciation of the election returns and
such is objected to if it comes after
certificates of canvass
the canvassing of the board, or
immediately at the point where the
WHERE: Only with the Board of
proceedings are or begin to be
Canvassers
illegal. Otherwise, by participating
in the proceedings, the petitioner is
WHEN: At the time the questioned
deemed to have acquiesced in the
return is presented for
composition of the Board of
inclusion in the canvass.
Canvassers.
WHO: Any candidate, political party
(b) If the petition is for correction, it
or coalition of political parties
must be filed not later than 5 days
following the date of proclamation,
PROCEDURE:
and must implead all candidates
who may be adversely affected
(1) The contesting party makes an oral
thereby. (Sec. 5(b), Rule 27,
objection to the chairman of the
COMELEC Rules of Procedure)
Board of Canvassers at the time the
questioned return is presented for
PROCEDURE:
inclusion in the canvass. Such
objection is recorded in the minutes
If filed with the Board first:
of canvass. Simultaneous with the
oral objection, the objecting party
(1) Petitioner submits his / her objection
enters his objection in the form for
to the chairman of the board of
written objections prescribed by the
canvassers.
COMELEC.

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

(5) Upon receipt of the evidence, the Effect of filing of pre-proclamation

Board considers the objection and the controversy
opposition, and summarily rules on
the objection. The Board then enters
its ruling on the prescribed form and
authenticates the same by entering
The period to file an election contest shall
the signatures of all its members.
be SUSPENDED during the pendency of the pre-
proclamation contest in the COMELEC or the
(6) The parties adversely affected by the
Supreme Court. (Alangdeo v. COMELEC, June
ruling immediately inform the Board if
1989)
they intend to appeal the ruling.
Such information is then entered in
The right of the prevailing party in the
the minutes of canvass.
pre-proclamation contest to the execution of
COMELEC’s decision does not bar the losing party
(7) The Board then sets aside the returns
from filing an election contest.
and proceeds to consider the other
returns. The Board then suspends
Despite the pendency of a pre-
the canvass after all the uncontested
proclamation contest, the COMELEC may order
returns have been canvassed and the
the proclamation of other winning candidates
contested return ruled upon by it.
whose election will not be affected by the
outcome of the controversy.
(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 Effect of proclamation of winning candidate
non-extendible period of 5 days
thereafter.

(9) Immediately upon receipt of the A pre-proclamation controversy shall no

notice of appeal, the Board makes an longer be viable after the proclamation and
appropriate report to the COMELEC, assumption into office by the candidate whose

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

Abella v. Larrazabal
PETITION TO ANNUL OR SUSPEND
Pre-proclamation controversies are PROCLAMATION
summary in nature. The policy behind
election law is that pre-proclamation
The filing with the COMELEC of a petition
controversies should be summarily
to annul or to suspend proclamation suspends the
decided, consistent with the law’s desire
running of the period to file an election protest.
that the canvass and proclamation be
(Alangdeo v. COMELEC, June 1989)
delayed as little as possible. Thus,
questions as to the appreciation of ballots
No law provides for a reglementary
and the conduct of the campaign and
period within which to file a petition for the
balloting, which require more deliberate
annulment of an election if there is as yet no
and necessarily longer consideration are
proclamation. (Loong v. COMELEC, 257 SCRA 1)
proper for an election contest.
There is no fixed time frame within which
The dismissal of a pre-proclamation
to file a petition to annul a proclamation, the
controversy does not mean that the
same being limited only by the standard of
disqualification case is moot and academic.
reasonableness. (Nachura, p. 386)
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 DECLARATION OF FAILURE OF ELECTION
returns duly authenticated by the board of
inspectors and admitted by the board of Nature of petition to declare a failure of
canvassers. The purpose of the election
disqualification proceeding is to prevent
the candidate from running, or if elected,
from serving, or to prosecute him for
A petition to declare a failure of election
violation of election laws. The mere fact
is neither an election protest nor a pre-
that a candidate has been proclaimed does
proclamation controversy. (Borja v. COMELEC,
not signify that his disqualification is
260 SCRA 604)
deemed condoned and may no longer be
the subject of a separate investigation.
Grounds for declaration
Agbayani v. COMELEC

The proclamation of a winning See previous discussion under

candidate makes a pre-proclamation Election Proper.
controversy no longer viable. The remedy

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

(3) Unless a shorter period is deemed

The COMELEC, sitting en banc, may
necessary by the circumstances, within 2
declare a failure of election by a majority vote of
days from receipt of the notice of hearing,
its members. (Sec. 4, R.A. 71660
any interested party may file an
opposition with the Law Department of
The COMELEC, in the case of actions for
the COMELEC.
annulment of election results or declaration of
failure of elections, may conduct technical
(4) The COMELEC proceeds to hear the
examination of election documents and compare
petition. The COMELEC may delegate the
and analyze voters' signatures and fingerprints in
hearing of the case and the reception of
order to determine whether or not the elections
evidence to any of its officials who are
had indeed been free, honest and clean. (Loong
members of the Philippine Bar.
v. COMELEC, supra)
(5) The COMELEC then decides whether to
grant or deny the petition. This lies
Requisites for the declaration of failure of within the exclusive prerogative of the
election COMELEC.

Before the COMELEC can act on a verified DISQUALIFICATION CASES

petition seeking a declaration of failure of
election, the following conditions must concur:
Grounds for disqualification
(1) 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 See previous discussion under
failure to elect; and Certificates of Candidacy.

(2) The votes cast would affect the results Priority of disqualification cases
of the election. (Mitmug v. COMELEC,
230 SCRA 54; Loong v. COMELEC,
supra; Hassan v. COMELEC, 264 SCRA
125)
The COMELEC and the courts shall give
priority to cases of disqualification for violation of
The election is only to be set aside when
the Omnibus Election Code, to the end that a final
it is impossible from any evidence within reach to
decision shall be rendered not later than 7 days
ascertain the true result – when neither from the
before the election in which the disqualification is
returns nor from other proof can the truth be
sought. (Sec. 72, BP 881)
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 Procedure
constituency).

Procedure WHO MAY FILE: Any citizen of voting age, or

Any duly registered political party,
organization or coalition of
political parties
(1) Petitioner files verified petition with the
WHERE: Law Department of the COMELEC
Law Department of the COMELEC.
WHEN: Any day after the last day for filing of
(2) Unless a shorter period is deemed
certificates of candidacy, but not
necessary by circumstances, within 24
later than the date of
hours, the Clerk of Court concerned
proclamation

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

If for any reason a candidate is

not disqualified before an election and he is Supreme Court
subsequently voted for and receives the winning
number of votes in such election, the COMELEC or The Supreme Court, sitting en banc, shall
the courts shall continue with the trial and be the sole judge of all contests relating to the
hearing of the action, inquiry, or protest and may election, returns, and disqualifications of the
order the suspension of the proclamation of such President, Vice-President, and may promulgate its
candidate during the pendency of the case upon rules for such purpose. (Art. VII, Sec. 4, 1987
motion of the complainant or any intervenor, Constitution)
provided that evidence of his guilt is strong.
(Sec. 6, R.A. 6646)
Electoral Tribunals of the Senate and House
The fact that the candidate who obtained of Representatives
the highest number of votes is later declared to
be disqualified or not eligible for the office to The Senate and the House of
which he was elected, does not necessarily entitle Representatives have their own electoral
the candidate who obtained the second highest tribunals. Each electoral tribunal has 9 members:
number of votes to be declared the winner of the 3 Supreme Court Justices, 6 members of the
elective office. Senate or House of Representatives, as the case
may be, who shall be chosen on the basis of
proportional
representation from the political parties and the
ELECTION CONTESTS parties or organizations registered under the
party-list system represented therein. (Art. VI,
Sec. 17, 1987 Constitution)
Election contests, defined
For purposes of election contests
cognizable by the Electoral Tribunals, the rules of
procedure of such tribunals shall prevail over the
These are adversarial proceedings by provisions of the Omnibus Election Code.
which matters involving the title or claim to an (Lazatin v. HRET, 168 SCRA 39)
elective office, made before or after proclamation
of the winner, is settled whether or not the
contestant is claiming the office in dispute. The COMELEC
purpose of an election contest is to ascertain the
candidate lawfully elected to office. The COMELEC has exclusive original
jurisdiction over all election contests relating to
the elections, returns, and qualifications of all
Nature of election contests elective:

(1) Regional Officials;

(2) Provincial Officials; and
(3) City Officials
An election contest is imbued with public
interest.
Decisions in these cases may be appealed to the
Supreme Court.
The election contest must be liberally
construed to favor the will of the people. An
The COMELEC has appellate jurisdiction
election contest may not be defeated by mere
over all contests involving elective municipal
technical objections.

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

(3) Protestee must file an

Kinds of election contests answer within 5 days from
service of summons and a
copy of the petition. The
There are 2 kinds of election protestee may incorporate in
contests that may be filed: an election protest, his answer a counter-protest
and a quo warranto case. or counterclaim.

Election Protest The COMELEC may not

entertain a counter-protest
WHO MAY FILE: filed beyond the
Any candidate who has filed a certificate of reglementary period to file
candidacy and has been voted upon for the same. (Kho v.
the same office, and who has not himself COMELEC, G.R. No. 124033,

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

[Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures]
[Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law]
[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]
385
Sept. 25, 1997) answer within 5 days after
receipt of notice of the filing
(4) Protestant has 5 days from of the petition and a copy of
receipt of the answer or the petition.
answer with counterclaim or
counter-protest to file his Should the protestee desire
reply or answer to counter- to impugn the votes received
protest or counterclaim, by the protestant in other
respectively. precincts, he may file a
verified counter-protest
If no answer is filed to the within the same period fixed
protest or counter-protest, a for the filing of the answer.
general denial is deemed to
have been entered. (3) Protestant has 5 days from
receipt of the counter-
protest to file his answer to
(5) After the issues have been such counter-protest.
joined, the case shall be set
for hearing and presentation (4) Any other candidate for the
and reception of evidence. same office may intervene in
the case within 5 days from
(6) After the case has been filing of the protest by filing
submitted for decision, the a verified petition-in-
COMELEC shall render its intervention. The protestant
decision. If the case is being or protestee shall answer the
heard by a Division, the case protest-in-intervention within
shall be decided within 10 5 days after notice.
days. If it is being heard by
the COMELEC en banc, it (5) If no answer is filed to the
shall be decided within 30 protest, counter-protest or
days. protest-in-intervention within
the specified time limits, a
(7) The decision of a division general denial is deemed to
becomes final and executory have been entered.
after the lapse of 15 days
following its promulgation. (6) After the issues have been
The aggrieved party may file joined, the case shall be set
a timely motion for for hearing. Presentation
reconsideration within 5 days and reception of evidence
from promulgation of the shall be completed within 30
decision on the grounds that days from the date of the
the evidence is insufficient to commencement thereof.
justify the decision; or that
the said decision is contrary (7) The Court shall decide the
to law. election contest within 30
days from the date it is
For the COMELEC en banc, submitted for decision, but in
the decision becomes final every case within 6 months
and executory 30 days from after its filing. Such decision
its promulgation. shall declare who among the
parties has been elected, or
in a proper case, that none
B. For protests filed with the of them has been legally
Regional Trial Courts (Rule 35, elected.
COMELEC Rules of Procedure)
(8) The decision becomes final 5
(1) Protestant files a verified days after its promulgation.
petition with the RTC within No motion for
10 days from proclamation. reconsideration shall be
entertained.
(2) Protestee must file an Should an aggrieved party

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

Election Returns
EFFECT OF DEATH OF PROTESTANT
Election returns are properly used as
evidence in an election contest when what is
The death of the protestant does not
involved is the correctness of the number of votes
extinguish an election protest. An election
of each candidate, and the ballots cannot be
protest is imbued with public interest which
produced or are not available.
raises it onto a plane over and above
ordinary civil actions, because it involves
Ballots
not only the adjudication of the private
interest of the rival candidates but also the
Ballots are properly used as evidence
paramount need of dispelling once and for
when the election returns are not available.
all the uncertainty that beclouds the real
choice of the electorate with respect to
Poll-Books and Tally Sheets
who shall discharge the prerogatives of the
office within their gift. (De Castro v.
Poll-books and tally sheets may be used
COMELEC, 267 SCRA 806, as cited in
as evidence where by law, poll-books or tally
Nachura, p. 393)
sheets are required to be kept.
However, it is not the heirs of the
Election Officials
deceased who shall be the successors-in-
interest to the suit, but the succeeding
Election officials may be called to testify
candidate-elect. For example, if the
in the absence of ballots, tally sheets or poll-
deceased was a candidate for governor,
books.
the real party in interest in the
continuation of the proceedings is the Vice-
Voters
Governor-elect, as he or she will succeed in
the event that the protestant is declared to
Voters may testify where the illegality
be the person lawfully elected to the office.
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.
Quo Warranto
Certificate of Votes
WHO MAY FILE: Any registered voter in
the constituency
The provisions of Sections 235 and 236
of the Omnibus Election Code notwithstanding,
GROUNDS: Ineligibility or disloyalty
the certificates of votes shall be admissible in
to the Republic of the Philippines
evidence to prove tampering, alteration,
falsification or any anomaly committed in the
PERIOD FOR FILING: Within 10 days
election returns concerned, when duly
from proclamation of the results of the
authenticated by testimonial or documentary
election
evidence presented to the board of election
inspectors who issued the certificate.

Award of damages 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.
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) ELECTION OFFENSES

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

Prosecution of election offenses

Certificate of Candidacy

• Continued misrepresentation or
The COMELEC has the exclusive power holding out as a candidate of a
to investigate and prosecute cases involving disqualified candidate or one declared
violations of election laws. (Sec. 2 (6), Art. IX-C, by final and executory judgment to be
1987 Constitution; Sec. 268, B.P. 881; De Jesus a nuisance candidate (Sec. 27f, R.A.
v. People, 120 SCRA 760) However, it may 6646);
validly delegate the power to the Provincial
Prosecutor or to the Ombudsman. • Knowingly inducing or abetting such
misrepresentation of a disqualified or
In the event that the COMELEC fails to nuisance candidate (Sec. 27f, R.A.
act on any complaint within 4 months from its 6646);
filing, the complainant may file the complaint with
the fiscal or the Department of Justice, if • Coercing, bribing, threatening,
warranted. (Sec. 265, B.P. 881) harassing, intimidating, terrorizing, or
actually causing, inflicting or producing
violence, injury, punishment, torture,
Preferential disposition of election offenses 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
Investigation and prosecution of election
running in a special election (Sec. 5,
offenses shall be given priority by the COMELEC.
R.A. 8295);
The investigating officer shall resolve the case
within 5 days from submission.
Election Campaign
The courts shall give preference to
• Appointment or use of special
election cases over all other cases except
policemen, special agents or the like
petitions for writ of habeas corpus. Their trial
during the campaign period (Sec.
shall be commenced without delay and shall be
261m, B.P. 881)
conducted continuously until terminated, and the
case shall be decided within 30 days from its
• Use of armored land, water or aircraft
submission for decision. (Sec. 269, B.P. 881)
during the campaign period (Sec.
261r, B.P. 881)

Election offenses • Unlawful electioneering (Sec. 261k,

B.P. 881)

• Acting as bodyguards or security in the

The various election offenses are case of policemen and provincial
enumerated primarily under Sec. 261 of B.P. 881. guards during the campaign period
However, other election laws provide for other (Sec. 261t, B.P. 881)
election offenses. Some of the more significant
offenses include the following: • Removal, destruction, obliteration, or
tampering of lawful election
Registration propaganda, or preventing the

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

Voting • Any chairperson of the board of

canvassers who fails to give notice of
• Vote-buying and vote-selling (Sec. meeting to other members of the
261a, B.P. 881) board, candidate or political party as
required (Sec. 27e, R.A. 6646)
• Conspiracy to bribe voters (Sec. 261b,
B.P. 881) Acts of government or public officers

A disputable • Appointment of new employees,

presumption of a creation of new positions, promotion,
conspiracy to bribe or giving salary increases within the
voters is created when election period (Sec. 261g, B.P. 881)
there is proof that at
least 1 voter in different • Transfer of officers and employees in
precincts representing at the civil service within the election
least 20% of the total period without the prior approval of
precincts in any the COMELEC (Sec. 261h, B.P. 881)
municipality, city or
province has been • Intervening of public officers and
offered, promised or employees in the civil service in any
given money, valuable partisan political activity (Sec. 261i,
consideration or other B.P. 881)
expenditure by a
candidate's relatives, • Use of public funds for an election
leaders and/or campaign (Sec. 261o, B.P. 881)
sympathizers for the
purpose of promoting • Illegal release of prisoners before and
the election of such after election (Sec. 261n, B.P. 881)
candidate. (Sec. 28,
R.A. 6646) • Release, disbursement or expenditure
of public funds during the prohibited
• Coercion of subordinates to vote for or period (Sec. 261v, B.P. 881)
against any candidate (Sec. 261d, B.P.
881) • Construction of public works, etc.
during the prohibited period (Sec.
• Dismissal of employees, laborers, or 261w, B.P. 881)
tenants for refusing or failing to vote
for any candidate (Sec. 261d(2), B.P. • Suspension of elective local officials
881) during the election period without
prior approval of the COMELEC (Sec.
• Being a flying voter (Sec. 261z (2), 261x, B.P. 881)
B.P. 881)
Coercion, intimidation, violence
Counting of Votes
• Coercion of election officials and
• Tampering, increasing, decreasing employees
votes, or refusal to correct tampered
votes after proper verification and • Threats, intimidation, terrorism, use of
hearing by any member of the board of fraudulent devices or other forms of
election inspectors (Sec. 27b, R.A. coercion (Sec. 261e, B.P. 881)
6646)
• Use of undue influence (Sec. 261j,
• Refusal to issue to duly accredited B.P. 881)
watchers the certificate of votes cast
and the announcement of the election, • Carrying deadly weapons within the
by any member of the board of prohibited area (Sec. 261p, B.P. 881)
election inspectors (Sec. 27c, R.A.
6646) • Carrying firearms outside residence or

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

• Unauthorized printing of official ballots Penalties

and election returns with printing
establishments that are not under
contract with the COMELEC (Sec. 27a,
R.A. 6646)
For individuals
• Wagering upon the results of elections
• Imprisonment of not less than
(Sec. 261c, B.P. 881)
1 year but not more than 6
years, without probation (Sec.
• Sale, etc. of intoxicating liquor on the
264, B.P. 881)
day fixed by law for the registration of
voters in the polling place, or the day
• Disqualification to hold public
before the election or on election day
office;
(Sec. 261dd (1), B.P. 881)
• Deprivation of the right of
suffrage
• Opening booths or stalls within 30
meters of any polling place (Sec,
For a Foreigner
261dd (2), B.P. 881)
• Imprisonment of not less than
• Holding fairs, cockfights, etc. on
1 year but not more than 6
election day (Sec. 261dd (3), B.P. 881)
years (without probation);
• Deportation after service of
• Refusal to carry election mail during
sentence
the election period (Sec. 261dd (4),
B.P. 881). In addition to the
For a Political Party
prescribed penalty, such refusal
constitutes a ground for cancellation or
• Payment of a fine not less
revocation of certificate of public
than P10,000 after a criminal
convenience or franchise.
conviction
• Discrimination in the sale of air time
(Sec. 261dd (5), B.P. 881) In addition
to the prescribed penalty, such refusal
Persons Required by Law to Keep Prisoners
constitutes a ground for cancellation or
in their Custody
revocation of the franchise.
For prisoners illegally released from any
Failure to register or vote
penitentiary or jail during the prohibited period,
where such prisoners commit any act of
Art. V, Sec. 1 of the 1987
intimidation, terrorism or interference in the
Constitution states that suffrage "may" be
election, the Director of the Bureau of
exercised by qualified citizens of the Philippines,
Corrections, provincial warden, jail keeper or
as compared to the 1935 and 1973 Constitutions
persons who are required by law to keep said
which used the term "shall." Thus, it can be said
prisoners in their custody shall, if convicted, be
that under the current Constitution, failure to
sentenced to suffer prison mayor in its maximum
register or to vote is no longer an election
period. (Sec. 264, B.P. 881)
offense.

Arrests in Connection with the Election

Good faith not a defense
Campaign

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

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)

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads]

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