SUFFRAGE areas consent or object to the change in the form of

local government.
G ENERAL P RINCIPLES 4. Recall – a mode of removal of a local elective official by
the people before the end of his term of office.
5. Election – the choice or selection of candidates to public
The right to vote in the election of officers chosen by the office by popular vote through the use of the ballot.
people and in the determination of questions submitted to Specifically, it may refer to the conduct of the polls,
the people (Nachura, Outline Reviewer in Political Law, including the listing of voters, the holding of the electoral
2009, p.513). campaign, and the casting and counting of ballots and
canvassing of returns (Sec. 3 (b), AM. No. 07-4-15-SC,
Nature of suffrage May 15, 2007).
1. It is a right created by law, not a natural right, and an
expression of the sovereign will of the people. Kinds of Election:
2. It is a privilege because its exercise is not granted to 1. Regular/General – one provided by law for the election
everybody but to the persons or class of persons as are of officers throughout the state, or certain subdivisions
most likely to exercise it for the purpose of public good thereof, which recurs at stated intervals fixed by law, to
(SET, A Compilation of SC Rulings on Election Cases, select officers who are to succeed to the office upon the
February 2004, p.5). expiration of the full terms of incumbents (20 C.J., 56;
18 Am. Jur., 181).
Main object of suffrage
The continuity of government and the preservation and The SK election is not a regular election because the
perpetuation of its benefits. This object is two-fold: latter is participated in by youth with ages ranging from
1. To enable the people to choose their representatives, 15-21 (now 15-18 per R.A. 9164), some of whom are
through election; and not qualified voters to elect local or national elective
2. To determine their will on questions submitted to them, officials (Paras v. COMELEC, G.R. No. 123619,
through plebiscite, referendum, initiative and recall December 4, 1996).
(SET, A Compilation of SC Rulings on Election Cases,
February 2004, p.6). 2. Special – one provided for by law under special
circumstances such as when an election is held to fill a
Regulation of suffrage vacancy in an office, or when an election is being held
Congress has unlimited power to enact laws relative to the because a certain proposal is submitted to the vote of
right of suffrage, and, in the exercise of police power, to the qualified electors (20 C.J., 56; 18 Am. Jur., 181).
suppress whatever evils may be incident to the election of
public officers (SET, A Compilation of SC Rulings on System of election adopted in the Philippines
Election Cases, February 2004, p.7). Since 1901, the Australian system, first conceived by
Francis Dutton, a member of the Legislature of South
Theory of popular sovereignty Australia. The distinguishing feature of the system is strict
The Philippines is a democratic and republican State. secrecy in balloting (Martin and Martin, Administrative
Sovereignty resides in the people and all government Law, Law of Public Officers and Election Law, Revised
authority emanates from them (Sec. 1, Art. 2, Edition, 1983, pp. 310, 311).
Constitution).
Election period
Types of Suffrage [R-I-P-R-E] Unless otherwise fixed by the Commission in special
1. Referendum – the power of the electorate to approve or cases, the election period shall commence 90 days before
reject legislation through an election called for the the day of election and shall end 30 days thereafter (Sec.
purpose. 9, Art. IX-C, 1987 Constitution).
2. Initiative – the power of the people to propose
amendments to the Constitution or to propose and Campaign period
enact legislations through an election called for the 1. Presidential and Vice Presidential Election – 90 days;
purpose. It is the “people-power” feature of the 2. Election of Members of Congress and Local Election –
Constitution. 45 days; and
3. Plebiscite – the electoral process by which an initiative 3. Barangay Election – 15 days
on the Constitution is approved or rejected by the 4. Special Election under Art. VIII, Sec. 5, Subsection (2)
people; it also the means by which the voters in affected of the Constitution – 45 days.
 2. When the required number of votes to reach a decision,
The campaign periods shall not include the day before resolution, order or ruling is not obtained in the division
and the day of the election (Sec. 3, OEC). (Garvida v. Sales, Jr., G.R. No. 124893, April 18, 1997);
3. Where the petitioner invoked the jurisdiction of the
Purpose COMELEC en banc, participated in its proceedings and
To ensure purity of elections, outside the influence of sought relief therefrom, in which instance he is
political parties, the legislative, executive and judicial estopped to subsequently question the jurisdiction of
the COMELEC en banc (Ramirez v. COMELEC, G.R.
T HE COMMISSION ON No. 122013, March 26, 1997);
ELECTIONS 4. Petitions for the postponement, declaration of failure of
election and the calling of special elections (Loong v.
department; it is an independent tribunal (Fernandez, Jr., COMELEC, G.R. No. 133676, April 14, 1999); and
On the Power of the Commission on Elections To Annul 5. The COMELEC en banc has the power to prosecute
Illegal Registration of Voters, Philippine Law Journal 428). election cases, and in the exercise of such prosecutory
power, it conducts preliminary investigation, decides
Composition whether or not there exists a probable cause and files
The COMELEC is composed of a Chairman and six (6) the corresponding information in court. (Faelnar v.
Commissioners (Art. IX, Sec. 1 (1), 1987 Constitution). People, G.R. Nos. 140850-51, May 4, 2000).

Qualifications of members [N-A-C-E-M] Exclusive jurisdiction of COMELEC

1. Natural-born Citizen; The COMELEC is vested by the Constitution with the
2. At the time of their appointment, at least 35 years of exclusive charge of the enforcement of all laws relative to
age; the conduct of elections, the assumption of jurisdiction by
3. Holders of a college degree; the trial court over a case involving the enforcement of the
4. Must not have been candidates for any elective position Election Code "is at war with the plain constitutional
in the immediately preceding elections; command, the implementing statutory provisions, and the
5. Majority, including the Chairman, shall be a member of hospitable scope afforded such grant of authority so clear
the Bar who has been engaged in the practice of law for and unmistakable in recent decisions" (Zaldivar v.
at least 10 years (Art. IX, Sec. 1 (1), Constitution). Estenzo, G.R. No. 26065, May 3, 1968).

Appointmen Judicial review of COMELEC decisions

The President with the consent of the Commission on Section 7, Article IX of the 1987 Constitution confers on
Appointments shall appoint the Chairman and the the Supreme Court the power to review any decision,
Commissioners for a term of seven (7) years without order or ruling of the COMELEC, but limits such power to
reappointment. a final decision or resolution of the COMELEC en
In NO case shall any Member be appointed or designated banc, and does not extend to an interlocutory order issued
in a temporary or acting capacity (Art. IX, Sec. 1 (2), by a Division of the COMELEC (Cagas v. COMELEC,
Constitution). G.R. No. 194139, January 24, 2012).
Jurisdiction
Authority to decide cases in the first instance (Sec. 3, Art.
IX-C, Constitution). Jurisdiction to order special elections
COMELEC has no power to call for the holding of special
General Rule: The COMELEC sitting en banc does NOT elections unless pursuant to a specific statutory grant
have the requisite authority to hear and decide election (Datu Michael Abas Kida, etc., et al. v. Senate of the
cases in the first instance. This power pertains to the Philippines, etc., et al. G.R. No. 196271. October 18,
divisions of the Commission. Any decision by the 2011).
Commission en banc as regards election cases decided
by it in the first instance is null and void (Abad v. The power to fix the date of elections is essentially
COMELEC, GR No. 128877, December 10, 1999). legislative in nature.  By so doing, Congress itself has
made a policy decision in the exercise of its legislative
Exceptions: wisdom that it shall not call special elections as an
1. When what is involved in the case is purely adjustment measure in synchronizing the ARMM elections
administrative, and not quasi-judicial in nature; with the other elections.  After Congress has so acted,
neither the Executive nor the Judiciary can act to the
contrary by ordering special elections instead at the call of
 San Beda College of Law
2010 Centralized Bar Operations

the COMELEC.  The Court, particularly, cannot make this 3. Rule making power
call without thereby supplanting the legislative decision 4. Quasi-legislative functions
and effectively legislating (Abas Kida v. Senate G.R. No. 5. Quasi-judicial power
196271. October 18, 2011). 6. Contempt and subpoena
7. Auxiliary writs and processes
Jurisdiction of trial courts before elections 8. Exclusive control and supervision over the Automated
The trial courts have no jurisdiction to entertain a petition Election System (Sec. 26, RA 8436)
to enjoin the construction of public works projects within
45 days before an election (Gallardo v. Tabamo, G.R. No. In the case of Roque v. COMELEC (G.R. No. 188456,
104848, January 29, 1993). September 10, 2009), the SC held that the COMELEC did
not abdicate its mandate and responsibility under Sec. 26
POWERS AND FUNCTIONS OF THE COMELEC of RA 8436. With the view the SC takes of the automation
1. Enforcement and administration of election laws and contract, the role of Smartmatic TIM Corporation is
regulations relative to the conduct of an election, basically to supply the goods necessary for the
plebiscite, initiative, referendum or recall automation project, such as but not limited to the PCOS
machines, PCs, electronic transmission devices and
Purpose: To protect the integrity of elections, to related equipment, and the like. As lessees of the goods
suppress all evils that may violate its purity and and the back-up equipment, the corporation and its
defeat the will of the voters (Maruhom v. COMELEC, operators would provide assistance with respect to the
G.R. No. 139357, May 5, 2000). machines to be used by the COMELEC which, at the end
of the day, will be conducting the election thru its
The ballot boxes may be opened in case there is an personnel and whoever it deputizes.
election contest. They may also be opened even if
there is no election contest when their contents have Giving to the Provider (Smartmatic TIM) the access keys
to be used as evidence in the prosecution of election ― both the private and public access keys is like giving to
frauds. Moreover, they may be opened when they are the system administrator of Yahoo or Hotmail one's
the subject of any official investigation which may be private password to his or her email account. The private
ordered by a competent court or other competent key is supposed to be private to the Chair of the Board of
authority. The choice of means taken by the Election Inspectors, generated by him and unknown to
Commission on Elections, unless they are clearly the Provider. Otherwise, the Provider will have the
illegal or constitute grave abuse of discretion, should capacity to alter the election results at the precinct level.
not be interfered with (Cauton v. Commission on Worse, even the private keys at the canvassing level are
Elections, G.R. No. L-25467, April 27, 1967). generated by the Provider, allowing the Provider to
The COMELEC, despite its role as the implementing change the election results at the canvassing level.
arm of the Government in the enforcement and Clearly, the COMELEC has abdicated control over the
administration of all laws and regulations relative to elections to the Provider, putting the integrity and outcome
the conduct of an election, has neither the authority of the 10 May 2010 elections solely in the hands of the
nor the license to expand, extend, or add anything to Provider (Roque v. COMELEC, G.R. No. 188456,
the law it seeks to implement thereby. The IRRs the September 10, 2009, Justice Carpio dissenting).
COMELEC issues for that purpose should always
accord with the law to be implemented, and should Specific powers of COMELEC
not override, supplant, or modify the law (Lokin v. 1. Declare failure of elections
Commission on Elections, G.R. Nos. 179431-32 et 2. Call for special elections
al., June 22, 2010). 3. Postpone elections (Section 5, B.P. 881)
4. Correct manifest errors in election documents
2. Ensure free, honest, orderly, credible, and peaceful After proclamation, any alteration or amendment
elections (Section 52, B.P. 881). whether due to clerical error or otherwise, cannot be
made without the intervention of a competent court
It does not include the power to annul an election (De Leon v. Imperial, G.R. No. 5758, March 30,
involving the President, Vice-President, and the 1954).
Members of the Congress, which may not have been With the introduction of the PCOS System pursuant
free, orderly, and honest, as such power is merely to R.A. 9369, every copy should be as good and as
preventive, and not curative (Abes v. COMELEC, clear as the first one. Hence, the problem of manifest
G.R. No. 28348, December 15, 1967). errors might be a thing in the past (R. Avila,
Fundamentals of Election Law, p. 59, 2010).

3
5. Order re-canvass of votes 2. No power to include and exclude voters (Canicosa v.
May be made even after proclamation where its valid Commission on Elections, G.R. No. 120318, December
order directing the suspension of the proclamation of 5, 1997).
a candidate has been violated for such order serves
to nullify the continuation of the canvass and Currently, jurisdiction to decide controversies on inclusion
consequently, the proclamation of the candidate to or exclusion of voters belongs to the Municipal Trial Court
the contested position (Javier v. COMELEC, G.R. No. (Section 138, Article XII, B.P. 881).
22248, January 30, 1965). Sections 113 to 148 of the Omnibus Election Code have
6. Annul or suspend proclamation of elected candidates been repealed or modified to the extent that they are
(Salcedo, Jr. v. Commission on Elections, et al., No. inconsistent with the provisions of R.A. 8189 or the
L-16835, July 26, 1960). Voter’s Registration Act of 1996.
7. Annul an illegal canvass (Id.)
8. Transfer polling places (Sec. 153, Art. XIII, B.P. 881)
9. Transfer venue of canvassing of votes (COMELEC Q UALIFICATION
AND
Resolution 9574) R EGISTRATION OF V OTERS
10. Order opening of ballot boxes (Sec. 255, Art. XXI,
B.P. 881) QUALIFICATIONS OF VOTERS [C-A-R-D] (Sec. 1, Art.
11. Conduct initiative and plebiscite (Sec. 2 (1), Art. IX-C, V, Constitution):
Constitution) 1. Citizenship- Filipino Citizen;
12. Deputization of peace officers 2. Age – At least 18 years of age;
13. Investigatory and prosecutorial power 3. Residence – resident of the Philippines for at least 1
The Commission is acting analogous to the year and of the place where he proposes to vote for at
Ombudsman with its investigatory and least 6 months;
prosecutory powers (Pimentel, Jr. v. Commission 4. Not disqualified by law.
on Elections, et al., G.R. No. 126394, April 24,
1998). Note: No literacy, property, or other substantive
14. Deputization of or endorsement to prosecutors requirement such as education, sex or taxpaying ability
Under the Constitution, the deputizing should be with shall be imposed on the exercise of suffrage (Sec. 1, Art.
the concurrence of the President (Art. IX-C, Sec. 2, V, Constitution).
par. 4).
As to citizenship requirement
Stand-by power of COMELEC It is incumbent upon one who claims Philippine citizenship
If it shall no longer be reasonably possible to observe the to prove to the satisfaction of the court that he is really a
periods and dates prescribed by law for certain pre- Filipino. No presumption can be indulged in favor of the
election acts, the Commission shall fix other periods and claimant of Philippine citizenship, and any doubt regarding
dates in order to ensure accomplishment of the activities citizenship must be resolved in favor of the state (Go v.
so voters shall not be deprived of their suffrage (Sec. 28, Ramos, G.R. No. 167569-70, September 4, 2009).
R.A. 8436 & Sec. 29 of R.A. 6646 or The Electoral
Reforms Law of 1987, adopted pursuant to Sec. 9, Art. As to age requirement
IX-C of the 1987 Constitution). Any person, who, on the day of registration may not have
reached the required age or period of residence but, who,
This stand-by power, however, does not apply to fixing the on the day of the election shall possess such
date of registration of votes because Sec. 8 of R.A. 8189 qualifications, may register as a voter (Sec. 9, R.A. 8189
or The Voter’s Registration Act of 1996, which provides for or The Voter’s Registration Act of 1996).
a continuing registration of voters, specifically states that:
“No registration shall, however, be conducted during the As to residence requirement
period starting one hundred twenty (120) days before a In election cases, the Court treats domicile and residence
regular election and ninety (90) days before a special as synonymous terms. Both import not only an intention to
election. reside in a fixed place but also personal presence in that
place, coupled with conduct indicative of such intention.
Powers not granted to the COMELEC: Domicile denotes a fixed permanent residence to which
1. No power to decide questions involving the right to vote when absent for business or pleasure, or for like reasons,
(Section 2 (3), Art. IX-C, 1987 Constitution). one intends to return (Pundaodaya v COMELEC, G.R.
No. 179313, September 17, 2009).
 San Beda College of Law
2010 Centralized Bar Operations

Any person who transfers residence to another city,

municipality or country solely by reason of his occupation, All registration records in possession of the election officer
profession, employment in private or public service, shall be open to examination by the public for legitimate
educational activities, work in military or naval inquiries on election related matters (Sec.41, RA 8189 or
reservations, service in the army, navy or air force, the The Voter’s Registration Act of 1996).
constabulary or national police force, or confinement or
detention in government institutions in accordance with List of Voters
law, shall be deemed not to have lost his original Refers to an enumeration of names of registered voters in
residence (Sec. 117, Omnibus Election Code). a precinct duly certified by the Election Registration Board
for use in the Election (Hilbay, A Handbook on Election
As to non-possession of disqualifications requirement Law, 2004, p.5).
There exists no presumption that a person is entitled to
vote and that the burden is in the voter to prove that he In order that a qualified elector may vote in any election,
has the qualifications and none of the disqualifications plebiscite or referendum, he must be registered in the
prescribed by law (U.S. v. Tria, G.R. No. L-6013, permanent list of voters for the city or municipality in which
November 13, 1910; U.S. v. Rosales, G.R. No. 9030, he resides (Sec. 115, OEC).
October 16, 1914).
Preparation and posting of the certified list of voters
DISQUALIFICATIONS OF VOTERS: The Board shall prepare and post certified list of voters
[I-D-N-I] (Sec. 118, OEC) ninety (90) days before a regular election and sixty (60)
1. Person convicted by final judgment to suffer days before a special election and furnish copies thereof
imprisonment for not less than 1 year, unless pardoned to the provincial, regional and national central files. Copies
or granted amnesty; but right is reacquired upon of the certified list, along with a certified list of deactivated
expiration of 5 years after service of sentence; voters categorized by precinct per barangay, within the
2. Person adjudged by final judgment as having same period shall likewise be posted in the office of the
committed any crime involving disloyalty to government Election Officer and in the bulletin board of each
or any crime against national security; but right is city/municipal hall. Upon payment of the fees as fixed by
reacquired upon expiration of 5 years after service of the Commission, the candidates and heads of registered
sentence; and political parties shall also be furnished copies thereof
3. Insane or incompetent persons as declared by (Sec. 30, R.A. 8189 or The Voter’s Registration Act of
competent authority. 1996).

REGISTRATION OF VOTERS Grounds when the list of voters will be altered: [D-E-C-A-
Registration N-T]
Refers to the act of accomplishing and filing of a sworn 1. Deactivation/ Reactivation
application for the registration by a qualified voter before 2. Exclusion/ Inclusion
the election officer of the city or municipality wherein he 3. Cancellation of Registration in case of Death
resides and including the same in the book of registered 4. Annulment of Book of Voters
voters upon approval by the Election Registration Board 5. New voters
(Sec. 3(a), R.A. 8189 or The Voter’s Registration Act of 6. Transfer of Residence
1996).

Registration does not confer the right to vote; it is but a System of continuing registration
condition precedent to the exercise of the right. The personal filing of application of registration of voters
Registration is a regulation, not a qualification (Yra v. shall be conducted daily in the office of the Election
Abano, G.R. No. 30187, November 5, 1928). Officer during regular office hours. No registration shall,
however, be conducted during the period starting one
Registration record hundred twenty (120) days before a regular election and
An application for registration duly approved by the ninety (90) days before a special election (Sec. 8, R.A.
Election Registration Board (Sec. 3 (b), R.A 8189 or The 8189 or The Voter’s Registration Act of 1996).
Voter’s Registration Act of 1996).
Congress itself has determined that the period of 120
Book of Voters days before a regular election and 90 days before a
Compilation of all registration records in a precinct (Sec.3, special election is enough time for the COMELEC to make
RA 8189 or The Voter’s Registration Act of 1996)

5
ALL the necessary preparations with respect to the Refers to one who cannot by himself prepare an
coming elections including: application for registration because of his physical
1. Completion of project precincts, which is necessary for disability and/or inability to read and write (Sec. 3, R.A.
the proper allocation of official ballots, election returns 8189 or The Voter’s Registration Act of 1996).
and other election forms and paraphernalia;
2. Constitution of the Board of Election Inspectors, No voter shall be allowed to vote as illiterate or person
including the determination of the precincts to which with disability / disabled, unless such fact is indicated in
they shall be assigned; the EDCVL or the Voter’s Registration Record (Sec. 30,
3. Finalizing the Computerized Voters List; COMELEC Instructions to the BEI, December 29, 2009).
4. Supervision of the campaign period; and
5. Preparation, bidding, printing and distribution of Voter’s Registration
Information Sheet.  Such determination of Congress is Illiterate or disabled voters may register with the
well within the ambit of its legislative power, which this assistance of the Election Officer or any member of an
Court is bound to respect (Kabataan Party-list accredited citizen’s arms; application for registration may
Representative Raymond Palatino v. Commission on be prepared by any relative within the fourth civil degree
Elections, G.R. No. 189868. December 15, 2009). of consanguinity or affinity or by the Election Officer or any
member of an accredited citizen’s arms using the data
The Supreme Court upheld the validity of the COMELEC supplied by the applicant (Sec. 14, R.A. 8189 or The
resolution denying the petition of certain youth sectors to Voter’s Registration Act of 1996).
conduct a special registration. The petitioners filed their
petition with the Court within the 120-day prohibitive ELECTION REGISTRATION BOARD
period for the conduct of voter registration under Section 8 There shall be in each city and municipality as many
of RA 8189, and sought the conduct of a two-day Election Registration Boards as there are election officers
registration. Petitioners were not denied the opportunity to therein.
avail of the continuing registration under RA 8189. The
law aids the vigilant and not those who slumber on their Composition:
rights. The right of suffrage ardently invoked by herein 1. Election Officer as chairman
petitioners is not at all absolute (Kabataan Party-list 2. Members:
Representative Raymond Palatino v. Commission on a. Public school official most senior in rank; and
Elections, G.R. No. 189868. December 15, 2009). b. Local civil registrar, or in his absence, the city or
municipal treasurer.
The exercise of suffrage, as the enjoyment of all other
rights, is subject to existing substantive and procedural No member of the Board shall be related to each other or
requirement embodied in our Constitution, statute books to any incumbent city or municipal elective official within
and other repositories of law (AKBAYAN – Youth et al. v. the fourth civil degree of consanguinity or affinity (Sec. 15,
COMELEC G.R. No. 147066, March 26, 2001). R.A. 8189 or The Voter’s Registration Act of 1996).

The period within which voters may register to vote is set Challenges to the right to register:
by law and cannot be changed by mere resolution of the 1. Any voter, candidate or representative of a registered
Commission on Elections. In Kabataan Party-list political party may challenge in writing any application
Representative Raymond Palatino v. Commission on for registration, stating the grounds therefor. The
Elections (supra) the Court declared null and void challenge shall be under oath and be attached to the
COMELEC Resolution No 8585, which shortened the application, together with the proof of notice of hearing
deadline of voters’ registration to October 31, 2009, to the challenger and the applicant.
instead of December 15, 2009, as previously fixed by 2. Oppositions to contest a registrant’s application for
COMELEC Resolution No. 8514. The added preparations inclusion in the voter’s list must, in all cases, be filed
for the May 2010 Automated Elections was not a valid not later than the second Monday of the month in
ground to justify its non-compliance with the system of which the same is scheduled to be heard or processed
continuing voter registration under Sec. 8 of R.A. 8189. by the Election Registration Board.
3. The hearing on the challenge shall be heard on the
Disqualifications to register as a voter – The same third Monday of the month and the decision shall be
grounds for the disqualifications for suffrage. (see Sec. rendered before the end of the month (Sec. 18, R.A.
118, OEC) 8189, Voter’s Registration Act of 1996).

ILLITERATE OR PERSONS WITH DISABILITY DEACTIVATION OF REGISTRATION

 San Beda College of Law
2010 Centralized Bar Operations

Deactivation paragraph (a) hereof, with their addresses. The

Process of deactivating the registration of certain persons, Commission may request a certified list of persons who
removing their registration records from the corresponding have lost their Filipino Citizenship or declared as insane or
precinct book of voters and placing the same in the incompetent with their addresses from other government
inactive file, properly marked “deactivated” and dated in agencies (Sec. 27, R.A. 8189, Voter’s Registration Act of
indelible ink. 1996).

Causes of Deactivation [I-C-I-2-L-O] The Election Officer shall post in the bulletin board of his
(Also, see deactivation under COMELEC Resolution office a certified list of those persons whose registration
9269) were deactivated and the reasons therefor, and furnish
1. Any person who has been sentenced by final judgment copies thereof to the local heads of political parties, the
to suffer imprisonment for not less than one (1) year, national central file, provincial file, and the voter
such disability not having been removed by plenary concerned (Section 27, Voter’s Registration Act of 1996).
pardon or amnesty;
REACTIVATION OF REGISTRATION
May automatically reacquire the right to vote upon Guidelines [S-N-E-R-N] (Sec. 28, R.A. 8189, Voter’s
expiration of five (5) years after service of sentence as Registration Act of 1996)
certified by the clerks of courts of the 1. Voter whose registration has been deactivated may file
Municipal/Municipal Circuit /Metropolitan /Regional Trial with the Election Officer a sworn application for
Courts and the Sandiganbayan; reactivation of his registration in the form of an affidavit
stating that the grounds for the deactivation no longer
2. Any person who has been adjudged by final judgment exist;
by a competent court or tribunal of having 2. Any time but not later than one hundred twenty (120)
caused/committed any crime involving disloyalty to the days before a regular election and ninety (90) days
duly constituted government such as rebellion, sedition, before a special election;
violation of the anti-subversion and firearms laws, or 3. Election Officer shall submit said application to the
any crime against national security, unless restored to Election Registration Board for appropriate action.
his full civil and political rights in accordance with law; 4. In case the application is approved, the Election Officer
shall retrieve the registration record from the inactive file
May regain the right to vote automatically upon and include the same in the corresponding precinct
expiration of five (5) years after service of sentence; book of voters;
5. Local heads or representatives of political parties shall
3. Any person declared by competent authority to be be properly notified on approved applications.
insane or incompetent.
LOCAL AND OVERSEAS ABSENTEE VOTING
May regain the right to vote upon declaration of a General Rule: A person must be physically present in the
proper authority that such person is no longer insane or polling place whereof he is a registered voter to be able to
incompetent; vote
Exceptions:
4. Any person who did not vote in the two (2) successive 1. Members of the Board of Election Inspectors (Section
preceding regular elections as shown by their voting 169, OEC);
records. For this purpose, regular elections do not 2. Any person who by reason of public functions and
include the Sangguniang Kabataan (SK) elections; duties, is not in his/her place of registration on election
day, may vote in the city/municipality where he/she is
5. Any person who has lost his Filipino citizenship (Sec. assigned on election day: provided, that he/she is a duly
27, R.A. 8189, Voter’s Registration Act 0f 1996), and registered voter (E.O. 157), (subject to the rules and
regulations implemented by the COMELEC);
6. Any person whose registration has been ordered 3. Overseas Absentee Voter - citizen of the Philippines
excluded by the Court. who is qualified to register and vote under R.A. 9189 or
The Overseas Absentee Voting Act of 2003, not
For this purpose, the clerks of court for the Municipal/ otherwise disqualified by law, who is abroad on the day
Municipal Circuit/ Metropolitan/ Regional Trial Courts and of the elections.
the Sandiganbayan shall furnish the Election Officer of the
city or municipality concerned at the end of each month a Registration as overseas absentee voter
certified list of persons who are disqualified under Availability

7
All citizen of the Philippines who is qualified to register embassies, consulates or foreign service
and vote under this Act, not otherwise disqualified by law, establishments concerned, unless such competent
who is abroad on the day of elections (Sec. 3 (f), R.A. authority subsequently certifies that such person is no
9189, Overseas Absentee Voting Act). longer insane or incompetent; and,
5. An immigrant or a permanent resident who is
Requirements: recognized as such in the host country, unless he
a. At least eighteen (18) years of age on the day of the executes upon filing of an application for registration as
elections; overseas absentee voter, an affidavit declaring that:
b. Not otherwise disqualified by law may register (Sec. 4, a. He shall resume actual physical permanent residence
R.A. 9189); in the Philippines pursuant to Section 5 of R.A. 9189;
c. Under Section 8 (a) of R.A. 9189, the voter must submit and
a Philippine passport, and in the absence of such, a b. He has not applied for citizenship in another country.
certification of the DFA that it has reviewed the
appropriate documents submitted by the applicant and DETAINEE VOTING
found them sufficient to warrant the issuance of a Under Section 1 of both COMELEC Resolution No. 8811
passport, or that the applicant is a holder of a valid and COMELEC Resolution No. 9070, Detainee Voting
passport but is unable to produce the same for a valid may be availed of by any registered detainee whose
reason. registration record is not deactivated / cancelled. Voting
i. In case of a seafarer, a photocopy of his Seaman’s may be done either through the special polling place
Book or any other pertinent document; or inside jails or escorted voting.
ii. In case of a dual citizen, the original or certified true
copy of the Order of Approval of his application to Detainee (Sec. 1, COMELEC Resolution No. 8811, March
retain or reacquire his Filipino citizenship or Oath of 30, 2010)
Allegiance issued by the Post or the Bureau of For purposes of detainee voting, a detainee is understood
Immigration. (COMELEC Resolution 9269) to be any person:
1. Confined in jail, formally charged for any crime/s and
Disqualified from registering (RA 9189 or The Overseas awaiting/undergoing trial; or
Absentee Voting Act of 2003 and COMELEC Resolution 2. Serving a sentence of imprisonment for less than one
9269) [L-E-C-I-I] (1) year; or
1. Those who have lost their Filipino citizenship in 3. Whose conviction of a crime involving disloyalty to the
accordance with Philippine laws; duly constituted government such as rebellion, sedition,
2. Those who have expressly renounced their Philippine violation of the firearms laws or any crime against
citizenship and who have pledged allegiance to a national security or for any other crime is on appeal.
foreign country; except dual citizens as referred to
under Republic Act No. 9225, otherwise known as the Special polling places inside jails
“Citizenship Retention and Reacquisition Act of 2003”. Special polling places shall be established in jails with at
3. Those who have committed and are convicted in a final least one hundred (100) detainee voters who are
judgment by a court or tribunal of an offense punishable residents and registered as such in the municipality or city
by imprisonment of not less than one (1) year, including where the jail facility is located. In case of cities with
those who have committed and been found guilty of several districts, detainee voters of districts other than the
Disloyalty as defined under Article 137 of the Revised district where the jail is located are entitled to vote in the
Penal Code, such disability not having been removed special polling places inside the jails (Sec. 5, COMELEC
by plenary pardon and amnesty; Provided, however, Resolution No. 8811 and COMELEC Resolution No.
That any person disqualified to register under this 9070).
subsection shall automatically acquire the right to
register upon expiration of five (5) years after service of Escorted Detainee Voters
sentence; and provided, further, That the Commission The following shall avail of the escorted voting:
may take cognizance of final judgments issued by 1. Detainee voters who are residents/registered voters of
foreign courts or tribunals only on the basis of municipalities/cities other than the town/city of
reciprocity and subject to the formalities and processes incarceration; and
prescribed by the Rules of Court on execution of 2. Detainee voters in jail facilities where no special polling
judgments; places are established. Provided: that said detainee
4. Any citizen of the Philippines abroad previously voters obtained court orders allowing them to vote in the
declared insane or incompetent by competent authority poling place where they are registered (Section 36,
in the Philippines or abroad, as verified by the Philippine
 San Beda College of Law
2010 Centralized Bar Operations

COMELEC Resolution No. 8811 and COMELEC voters (Sec. 32, R.A. 8189 or Voter’s Registration Act of
Resolution No. 9070). 1996):
1. Petition for inclusion, exclusion or correction of names
Disqualifications (Sec. 118, BP 881): of voters shall be filed during office hours;
1. Person convicted by final judgment to suffer 2. Notice of the place, date and time of the hearing of the
imprisonment for not less than 1 year, unless pardoned petition shall be served upon the members of the Board
or granted amnesty; but right is reacquired upon and the challenged voter upon filing of the petition;
expiration of 5 years after service of sentence; 3. A petition shall refer only to one (1) precinct and shall
2. Person adjudged by final judgment as having committed implead the Board as respondents;
any crime involving disloyalty to government or any 4. No costs shall be assessed against any party in these
crime against national security; but right is reacquired proceedings. However, if the court should find that the
upon expiration of 5 years after service of sentence; application has been filed solely to harass the adverse
and party and cause him to incur expenses, it shall order the
3. Insane or incompetent persons as declared by culpable party to pay the costs and incidental expenses;
competent authority. 5. Any voter, candidate or political party who may be
affected by the proceedings may intervene and present
Jurisdiction his evidence;
Original and exclusive jurisdiction 6. The decision shall be based on the evidence presented
The Municipal and Metropolitan Trial Courts shall have and in no case rendered upon a stipulation of facts. If
original and exclusive jurisdiction over all cases of the question is whether or not the voter is real or
inclusion and exclusion of voters in their respective cities fictitious, his non-appearance on the day set for hearing
or municipalities (Sec. 33, R.A. 8189 Voter’s Registration shall be prima facie evidence that the challenged voter
Act). is fictitious; and
7. The petition shall be heard and decided within ten (10)
COMELEC has no jurisdiction to resolve the issue days from the date of its filing. Cases appealed to the
regarding the right to vote, the same being cognizable by Regional Trial Court shall be decided within ten (10)
the courts in the proceedings for the exclusion or inclusion days from receipt of the appeal. In all cases, the court
of voters (Canicosa v. COMELEC, G.R. No. 120318, shall decide these petitions not later than fifteen (15)
December 5, 1997). days before the election and the decision shall become
final and executory.
It is not within the competence of the trial court, in
exclusion proceedings, to declare the challenged voter as PETITION FOR INCLUSION
a resident of another municipality. The jurisdiction of the Any person whose application for registration has been
trial court is limited only to determining the right of the disapproved by the Board or whose name has been
voter to remain in the list of voters or to declare that the stricken out from the list may file with the court a petition
challenged voter is not qualified to vote in the precinct in to include his name in the permanent list of voters in his
which he is registered, specifying the ground for the precinct at any time except one hundred five (105) days
voter’s disqualification (Domino v. COMELEC, G.R. No. prior to a regular election or seventy-five (75) days prior to
134015, July 19, 1999). a special election. It shall be supported by a certificate of
disapproval of his application and proof of service of
notice of his petition upon the Board. The petition shall be
Appeal decided within fifteen (15) days after its filing (Sec. 34,
Decisions of the MTCs may be appealed to the Regional R.A. 8189 or Voter’s Registration Act of 1996).
Trial Court within five (5) days from receipt of notice
thereof. Otherwise, said decision shall become final and I NCLUSION AND E XCLUSION
executory. The Regional Trial Court shall decide the P ROCEEDINGS
appeal within ten (10) days from the time it is received and
the decision shall immediately become final and
executory. No motion for reconsideration shall be
entertained (Sec. 33, R.A. 8189 or Voter’s Registration Petition for Inclusion under COMELEC Resolution 9269
Act of 1996). (General Instructions for the Resumption of Continuing
Registration/Certification of Qualified Overseas Absentee
Common rules governing judicial proceedings in the Voters for Purposes of the May 13, 2013 National
matter of inclusion, exclusion and correction of names of Elections and Subsequent National Elections Thereafter):

9
The aggrieved party by himself or through his authorized with the court a the exclusion of
representative may file a petition for inclusion with the petition to include a voter from the
proper Metropolitan Trial Court (MeTC) in Manila within his name in the permanent list of
ten (10) days from receipt of the notice of denial of the permanent list of voters giving the
motion for reconsideration. The petition shall be decided voters in his name, address
within fifteen (15) days after its filing on the basis of the precinct. The and the precinct
documents submitted. Should the court fail to render a petition shall be of the challenged
decision within the prescribed period, the ruling of the decided voter. The
Resident Election Registration Board shall be considered petition shall be
affirmed with finality. accompanied by
and shall be
If the decision is for the inclusion of voters in the decided (Sec.
permanent list of voters, the Board shall place the 35, R.A. 8189 or
application for registration previously disapproved in the The Voter’s
corresponding book of voters and indicate in the Registration Act
application for registration the date of the order of of 1996).
inclusion and the court which issued the same. Any time except one Any time except
Time of hundred five (105) one hundred
PETITION FOR EXCLUSION filing days prior to a (100) days prior
Any registered voter, representative of a political party or regular election or to a regular
the Election Officer, may file with the court a sworn seventy-five (75) election or sixty-
petition for the exclusion of a voter from the permanent list days prior to a five (65) days
of voters giving the name, address and the precinct of the special election before a special
challenged voter at any time except one hundred (100) election
days prior to a regular election or sixty-five (65) days 1.Certificate of Proof of notice to
before a special election. The petition shall be Accompany disapproval of his the Board
accompanied by proof of notice to the Board and to the ing application and to the
challenged voter and shall be decided within ten (10) days documents challenged voter
from its filing (Sec. 35, R.A. 8189 or The Voter’s 2. Proof of service of
Registration Act of 1996). notice of his petition
upon the Board.
Period to Within 15 days after Within 10 days
decide its filing from its filing

Annulment of Book of Voters

The Commission shall, upon verified petition of any voter
or election officer or duly registered political party, and
after notice and hearing, annul any book of voters:
1. That is not prepared in accordance with the provisions
of this Act; or
2. Was prepared through fraud, bribery, forgery,
PETITION FOR PETITION FOR impersonation, intimidation, force or any similar
INCLUSION EXCLUSION irregularity; or
(Sec. 34, R.A. (Sec. 35 3. That which contains data that are statistically
8189). R.A. 8189). improbable. No order, ruling or decision annulling a
book of voters shall be executed within ninety (90) days
before an election (Sec. 39, R.A. 8189 or Voter’s
Prayer Any person whose Any registered Registration Act of 1996).
application for voter,
registration has representative of The annulment of the list of voters shall not constitute a
been disapproved a political party ground for a pre-proclamation contest (Ututalum v.
by the Board or or the Election COMELEC, G.R. Nos. 93201-04, 93205, June 26,
whose name has Officer, may file 1990).
been stricken out with the court a
from the list may file sworn petition for P OLITICAL P ARTIES
 San Beda College of Law
2010 Centralized Bar Operations

Jurisdiction and underrepresented” sectors. To require all national

The COMELEC’s jurisdiction over intra-party disputes is and regional parties under the party-list system to
limited. It does not have blanket authority to resolve any represent the “marginalized and underrepresented” is to
and all controversies involving political parties. Political deprive and exclude, by judicial fiat, ideology-based and
parties are generally free to conduct their activities without cause-oriented parties from the party-list system. It is
interference from the state. The COMELEC may intervene sufficient that the political party consists of citizens who
in disputes internal to a party only when necessary to the advocate the same ideology or platform, or the same
discharge of its constitutional functions (Atienza et al. v. governance principles and policies, regardless of their
Commission on Elections et al., G.R. No. 188920, economic status as citizens (Atong Paglaum Inc. et. al.
February 16, 2010). v. Commission on Elections, G.R. Nos. 203766 et. al.,
April 2, 2013).
Definitions
1. Party – means either a political party or a 4. Sectoral organization – refers to a group of
sectoral party or a coalition of parties (Sec.3 (b), R.A. citizens or a coalition of groups of citizens who share
7941 or the Party-List System Act). similar physical attributes or characteristics,
employment, interests or concerns (Sec.3 (e), R.A.
2. Political party – refers to an organized group of citizens 7941 or the Party-List System Act).
advocating an ideology or platform, principles and
policies for the general conduct of government and Note:
which, as the most immediate means of securing their From the standpoint of the political process, the lesbian,
adoption, regularly nominates and supports certain of its gay, bisexual, and transgender have the same interest
leaders and members as candidates for public office. in participating in the party-list system on the same
basis as other political parties similarly situated. State
It is a national party when its constituency is spread intrusion in this case is equally burdensome. Hence,
over the geographical territory of at least a majority of laws of general application should apply with equal
the regions. It is a regional party when its constituency force to LGBTs, and they deserve to participate in the
is spread over the geographical territory of at least a party-list system on the same basis as other
majority of the cities and provinces comprising the marginalized and under-represented sectors (Ang
region (Sec.3 (c), R.A. 7941 or the Party-List System Ladlad LGBT Party v. COMELEC, G.R. No. 190582,
Act). April 8, 2010).

3. Sectoral party – refers to an organized group of citizens 5. Coalition – refers to an aggrupation of duly registered
belonging to any of the sectors enumerated in Section 5 national, regional, sectoral parties or organizations for
hereof whose principal advocacy pertains to the special political and/or election purposes (Sec.3 (f), R.A. 7941
interest and concerns of their sector (Sec.3 (d), R.A. or the Party-List System Act).
7941 or the Party-List System Act). They are the
following: [FLOPPY-HU-WIVE] Component parties or organizations of a coalition may
a. Fisher folk participate independently provided the coalition of which
b. Labor they form part does not participate in the party-list
c. Overseas workers system (Sec. 3 (a), R.A. 7941 or the Party-List System
d. Peasants Act).
e. Professionals
f. Youth Flowing from its constitutional power to enforce and
g. Handicapped administer all laws and regulations relative to the
h. Urban poor conduct of the election and its power to register and
i. Women regulate political parties, the COMELEC may resolve
j. Indigenous cultural communities matters involving the ascertainment of the identity of the
k. Veterans political party and its legitimate officers (Laban ng
l. Elderly Demokratikong Pilipino v. COMELEC. G.R. No.
161265, February 24, 2004).
Note:
As to qualifications of national and regional parties or REGISTRATION
organizations vis-à-vis sectoral parties Any organized group of persons may register as a party,
R.A. No. 7941 does not require national and regional organization or coalition for purposes of the party-list
parties or organizations to represent the “marginalized system by filing with the COMELEC not later than ninety

11
(90) days before the election a petition verified by its of the votes cast under the party-list system in the two
president or secretary stating its desire to participate in (2) preceding elections for the constituency in which it
the party-list system as a national, regional or sectoral has registered.
party or organization or a coalition of such parties or
organizations (Sec. 5, Party-List System Act). Notes:
An opposition to a petition for registration is not a
Manifestation to participate in the party-list system condition precedent to the filing of a complaint for
Any party, organization, or coalition already registered cancellation. The absence of an opposition to a petition for
with the Commission need not register anew. However, registration cannot serve to bar any interested party from
such party, organization, or coalition shall file with the questioning, through a complaint for cancellation, the
Commission, not later than ninety (90) days before the qualifications of a party-list group (Dayao and Capco v.
election, a manifestation of its desire to participate in the Commission on Elections, G.R. No. 193643, January 29,
party-list system (Section 4, Party-List System Act). 2013).

No votes cast in favor of political party, organization or Opposition to registration v. petition for cancellation
coalition shall be valid except for those registered under An opposition can be reasonably expected during the
the party-list system (Sec. 7, Art. IX-C, 1987 Constitution). registration proceedings which involve the COMELEC’s
power to register a party-list group, as distinguished from
Purposes of registration: the entirely separate power to cancel the registration.
1. To acquire juridical personality; Refusal of the petition for registration happens during the
2. To entitle it to rights and privileges granted to political inceptive stage when an organization seeks admission
parties; and into the roster of COMELEC-registered party-list
3. To participate in the party-list system (Sec. 60, BP organizations. On the other hand, cancellation of
881). registration happens after the fact of registration when an
inquiry is handed down by the COMELEC, motu propio or
Groups which cannot be registered as political parties upon verified complaint (Dayao and Capco v. Commission
(Sec. 3, Party-List System Act): on Elections, G.R. No. 193643, January 29, 2013).
1. Religious denominations or sects;
2. Citizens’ arm accredited by the Commission; The accreditation of a party-list group can never attain
3. Those which have no platform or program of perpetual and irrefutable conclusiveness against the
government; granting authority (Dayao and Capco v. Commission on
4. Those who seek to achieve their goals through violence Elections, G.R. No. 193643, January 29, 2013).
or unlawful means;
5. Those who refuse to uphold and adhere to the E LECTION OF P ARTY - LIST
Constitution;
6. Those supported by foreign governments.
R EPRESENTATIVES

Grounds for cancellation of registration (RAF-SV-CUF) The party-list representatives shall constitute twenty per
(Sec. 6, Party-List System Act): centum of the total number of representatives including
1. It is a religious sect or denomination, organization or those under the party list (Sec. 5 (2), Art. VI).
association, organized for religious purposes;
2. It advocates violence or unlawful means to seek its The Party List System
goal; It is a mechanism of proportional representation in the
3. It is a foreign party or organization; election of representatives to the House of
4. It is receiving support from any foreign government, Representatives, from national, regional and sectoral
foreign political party, foundation, organization, whether parties, organizations and coalitions thereof registered
directly or through any of its officers or members or with the COMELEC. The party-list system was devised to
indirectly through third parties for partisan election replace the reserve seat system – the very essence of the
purposes; party – list system is representation by election (Veterans
5. It violates or fails to comply with laws, rules or Federation Party v. COMELEC, G.R. No. 136781,
regulations relating to elections; October 6, 2000).
6. It has ceased to exist for at least one (1) year; or
7. It declares untruthful statements in its petition; Purpose
8. It fails to participate in the last two (2) preceding The party-list system is intended to democratize political
elections or fails to obtain at least two per centum (2%) power by giving political parties that cannot win in
 San Beda College of Law
2010 Centralized Bar Operations

legislative district elections a chance to win seats in the As to nominees of sectoral parties
House of Representatives. The clear intent, express The phrase “marginalized and underrepresented”
wording, and party-list structure ordained in Section 5(1) should refer only to the sectors in Section 5 that are, by
and (2), Article VI of the 1987 Constitution cannot be their nature, economically “marginalized and
disputed: the party-list system is not for sectoral parties underrepresented.” For these sectors, a majority of the
only, but also for non-sectoral parties (Atong Paglaum Inc. members of the sectoral party must belong to the
et al. v. Commission on Elections, G.R. Nos. 203766 et “marginalized and underrepresented.” The nominees of
al., April 2, 2013). the sectoral party either must belong to the sector, or
must have a track record of advocacy for the sector
Nomination of party-list representatives represented (Atong Paglaum Inc. et. al. v. Commission
Each registered party, organization or coalition shall on Elections, G.R. Nos. 203766 et. al., April 2, 2013).
submit to the COMELEC not later than forty-five (45) days
before the election a list of names, not less than five (5), Certified list of registered parties
from which party-list representatives shall be chosen in The COMELEC shall, not later than sixty (60) days before
case it obtains the required number of votes. election, prepare a certified list of national, regional, or
sectoral parties, organizations or coalitions which have
Notes: applied or who have manifested their desire to participate
1. A person may be nominated in one (1) list only. under the party-list system and distribute copies thereof to
2. Only persons who have given their consent in writing all precincts for posting in the polling places on election
may be named in the list. day. The names of the party-list nominees shall not be
3. The list shall not include any candidate for any elective shown on the certified list (Section 7, Party-List System
office or a person who has lost his bid for an elective Act).
office in the immediately preceding election.
4. No change of names or alteration of the order of Manner of voting
nominees shall be allowed after the same shall have Every voter shall be entitled to two (2) votes:
been submitted to the COMELEC except: 1. For candidate for member of the House of
a. Nominee dies or Representatives in his legislative district; and
b. Withdraws in writing his nomination, 2. For the party, organizations, or coalition he wants
c. Becomes incapacitated in which case the name of the represented in the House of Representatives: Provided,
substitute nominee shall be placed last in the list. That a vote cast for a party, sectoral organization, or
5. Incumbent sectoral representatives in the House of coalition not entitled to be voted for shall not be
Representatives who are nominated in the party-list counted: Provided, finally, That the first election under
system shall not be considered resigned (Section 8, the party-list system shall be held in May 1998 (Section
Party-List System Act). 10, Party-List System Act).

Qualifications of party-list representatives: The four parameters in the Philippine-style party-list

1. Natural-born citizen of the Philippines; election (Barangay Association for National Advancement
2. A registered voter; and Transparency (BANAT) v. COMELEC, G.R. No.
3. A resident of the Philippines for a period of not less than 179271, April 21, 2009):
one (1) year immediately preceding the day of the
election; 1. 20% allocation: Twenty percent of the total number of
4. Able to read and write; the membership of the House of Representatives is the
5. A bona fide member of the party or organization which maximum number of seats available to party-list
he seeks to represent for at least ninety (90) days organizations, such that there is automatically one
preceding the day of the election; and party-list seat for every four existing legislative districts.
6. At least twenty-five (25) years of age on the day of the
election; In case of a nominee of the youth sector, he 2. A guaranteed seat for a party-list organization garnering
must at least be twenty-five (25) but not more than thirty 2% of the total votes cast: The guaranteed seats shall
(30) years of age on the day of the election. Any youth be distributed in a first round of seat allocation to parties
sectoral representative who attains the age of thirty (30) receiving at least two percent of the total party-list
during his term shall be allowed to continue in office votes.
until the expiration of his term (Section 9, Party-List
System Act). The continued operation of the two percent threshold as
it applies to the allocation of the additional seats is now
Note: unconstitutional because this threshold mathematically

13
 and physically prevents the filling up of the available 6. The party, including its nominees must comply with
party-list seats. The additional seats shall be distributed the qualification requirements of Section 9, Party-List
to the parties in a second round of seat allocation System Act;
(Barangay Association for National Advancement and 7. Not only the candidate party or organization must
Transparency (BANAT) v. COMELEC, G.R. No. represent the marginalized and underrepresented
179271, April 21, 2009). sectors, so also must its nominees;
8. While lacking a well-defined political constituency, the
3. Proportional representation: The additional seats, that nominee must likewise be able to contribute to the
is, the remaining seats after allocation of the formation and enactment of appropriate legislation that
guaranteed seats, shall be distributed to the party-list will benefit the nation as a whole.
organizations including those that received less than
two percent of the total votes. Note: The guidelines set under the Bagong Bayani case
has been repealed by the ruling of the Supreme Court in
4. The three-seat cap. Each qualified party, regardless of the case of Atong Paglaum Inc. et. Al. v. Commission on
the number of votes it actually obtained, is entitled only Elections.
to a maximum of 3 seats.
The new six-point parameters for screening party-list
The formula in the allocation of party-list seat participants
pronounced in Veterans Federation Party v. COMELEC (Atong Paglaum Inc. et al. v. Commission on Elections,
(G.R. No. 136781, October 6, 2000) has thus been G.R. Nos. 203766 et al., April 2, 2013):
modified. 1. Three different groups may participate in the party-list
system: (a) national parties or organizations, (b)
The three-seat cap is not a violation of the Constitution regional parties or organizations, and (c) sectoral
because the 1987 Constitution does not require parties or organizations.
absolute proportionality for the party-list system 2. National parties or organizations and regional parties or
(BANAT v. Commission on Elections, G.R. No. 179271 organizations do not need to organize along sectoral
et al., July 8, 2009). lines and do not need to represent any “marginalized
and underrepresented” sector.
Guidelines for screening party-list participants under 3. Political parties can participate in party-list elections
Section 5 (Ang Bagong Bayani-OFW Labor Party v. provided they register under the party-list system and
COMELEC, G.R. Nos. 147589 and 147613, June 26, do not field candidates in legislative district elections. A
2001): political party, whether major or not, that fields
1. The political party, sector, organization or coalition candidates in legislative district elections can participate
must represent the marginalized and the in party- list elections only through its sectoral wing that
underrepresented groups identified in Sec. 5 of RA can separately register under the party-list system. The
7941 or the Party-List System Act. Majority of its sectoral wing is by itself an independent sectoral party,
membership should belong to the marginalized and and is linked to a political party through a coalition.
underrepresented; 4. Sectoral parties or organizations may either be
2. While even major political parties are expressly “marginalized and underrepresented” or lacking in “well-
allowed by RA 7941 and the Constitution, they must defined political constituencies.” It is enough that their
comply with the declared statutory policy of “Filipino principal advocacy pertains to the special interest and
citizens belonging to marginalized and concerns of their sector. The sectors that are
underrepresented sectors to be elected to the House of “marginalized and underrepresented” include labor,
Representatives”. Thus, they must show that they peasant, fisherfolk, urban poor, indigenous cultural
represent the interest of the marginalized and communities, handicapped, veterans, and overseas.
underrepresented; 5. A majority of the members of sectoral parties or
3. Religious sector may not be represented in the party- organizations that represent the “marginalized and
list system; except that priests, imams or pastors may underrepresented” must belong to the “marginalized
be elected should they represent not their religious sect and underrepresented” sector they represent. Similarly,
but the indigenous community sector; a majority of the members of sectoral parties or
4. A party or an organization must not be disqualified organizations that lack “well-defined political
under Sec. 6, Party-List System Act; constituencies” must belong to the sector they
5. The party or organization must not be an adjunct of, represent. The nominees of sectoral parties or
or a project organized or an entity funded or assisted organizations that represent the “marginalized and
by, the government; underrepresented,” or that represent those who lack
 San Beda College of Law
2010 Centralized Bar Operations

“well-defined political constituencies,” either must seasonably challenged (Frivaldo v. COMELEC, G.R. No.
belong to their respective sectors, or must have a track 120295, June 28, 1996).
record of advocacy for their respective sectors. The
nominees of national and regional parties or The law does not specify any particular date or time when
organizations must be bona-fide members of such the candidate must possess citizenship unlike that for
parties or organizations. residence and age. It must be possessed upon
6. National, regional, and sectoral parties or organizations proclamation or on the day that the term begins (Id.).
shall not be disqualified if some of their nominees are
disqualified, provided that they have at least one NATIONAL ELECTIONS
nominee who remains qualified.
PRESIDENT/VICE- SENATOR
How party-list representatives are chosen PRESIDENT
Party-list representatives shall be proclaimed by the
COMELEC based on the list of names submitted by the Natural-born
Citizenship Natural-born citizen
respective parties, organizations, or coalitions to the citizen
COMELEC according to their ranking in said list (Section Registered
13, Party-List System Act). Voter
Registered voter voter
registration
Term of office: Able to read and Able to read
a. Three (3) years Literacy write and write
b. No party-list representative shall serve for more than
three (3) consecutive terms. At least 40 years old At least 35 yrs.
c. Voluntary renunciation of the office for any length of on the day of Old on the day
time shall not be considered as an interruption in the Age
election of the election
continuity his service for the full term for which he
was elected (Section 14, Party-List System Act). Resident of the Resident of the
Philippines for at Philippines for
Vacancy least 10 years not less than 2
In case of vacancy in the seats reserved for party-list immediately years
representatives, the vacancy shall be automatically filled Residency preceding the day of immediately
by the next representative from the list of nominees in the the election. (Sec.2, preceding the
order submitted to the COMELEC by the same party, Art. VII) day of the
organization, or coalition, who shall serve for the election (Sec.
unexpired term. If the list is exhausted, the party, 2, Art. VI)
organization, or coalition concerned shall submit
additional nominees (Section 16, Party-List System Act). LOCAL ELECTIONS
GOVERNOR/
Effect of change of affiliation VICE-
Any elected party-list representative who changes his DISTRICT GOVERNOR/
political party or sectoral affiliation during his term of office REPRESENTATIVES MAYOR/VICE-
shall forfeit his seat: Provided, that if he changes his MAYOR/PUNON
political party or sectoral affiliation within six (6) months G BRGY/SANG-
before an election, he shall not be eligible for nomination GUNIAN
as party-list representative under his new party or MEMBERS
organization (Section 15, Party-List System Act).
Citizen- Natural-born citizen Citizen of the
C ANDIDATES AND ship Philippines;
C ERTIFICATES OF C ANDIDACY
Voter Registered voter in Registered voter
registra the district in which in the barangay,
Qualifications: -tion he shall be elected municipality, city
Qualifications prescribed by law are continuing or province, or, in
requirements and must be possessed for the duration of the case of a
the officer’s active tenure. Once any of the required member of the
qualification is lost, his title to the office may be

15
 SG panlalawigan, Disqualifications:
panlungsod or 1. Under the Omnibus Election Code (Section 12): (I-
bayan, the district SIRO18-MP)
where he intends a. Declared as incompetent or insane by competent
to be elected; authority before said insanity or incompetence is
declared removed;
Resident of the same Resident therein b. Convicted by final judgment for subversion,
district for a period of for at least 1 year insurrection, rebellion or any offense for which he
Resi- not less than 1 year immediately has been sentenced to a penalty of more than 18
dency immediately preceding the months imprisonment, before the expiration of a
preceding the day of election; period of five years from his service of sentence;
election. c. Convicted by final judgment for a crime involving
Able to read and moral turpitude;
write Filipino or Examples:
Literac a. Violation of BP 22 (Villaber v. COMELEC,
Able to read and any other local
y G.R. No. 148326, November 15, 2001)
write language or
dialect; b. Violation of the Anti Fencing Law (De la
On election day, Torre v. COMELEC, G.R. No. 121593, July
age must at least 5, 1996)
At least 25 years old be: c. Direct Bribery (Magno v. COMELEC, G.R.
on the day of a. 23 years – No. 147904, October 4, 2002)
election(Sec. 6, Art. governor, d. Any person who is a permanent resident of or
VI) vice- immigrant to a foreign country, unless said
governor, person has waived his status as permanent
member of resident or immigrant of a foreign country in
the SG accordance with the residence requirement
panlalawigan, provided for in the election laws.
mayor, vice
mayor, or 2. Under the Local Government Code (Sec. 40, R.A.
member of 7160) – Applicable to candidates for local elective
the SG office only (Magno v. COMELEC, supra):
panlungsod a. Those sentenced by final judgment for an
of HUC; offense involving moral turpitude or for an
b. 21 years – offense punishable by one (1) year or more of
mayor or vice imprisonment, within two (2) years after serving
Age sentence;
mayor of ICC,
CC, or
municipalities Those who have not served their sentence by
; reason of the grant of probation which should not
c. 18 years – be equated with service of sentence, should not
member of likewise be disqualified from running for a local
the SG elective office because the two-year period of
panlungsod ineligibility does not even begin to run (Moreno v.
or SG bayan, COMELEC, G.R. No. 168550, August 10, 2006).
or punong
barangay or b. Those removed from office as a result of an
member of administrative case;
the SG
barangay An elective local official who was removed from
d. 15 but not office as a result of an administrative case prior
more than 21 to January 1, 1992 – the date of effectivity of the
years – SK Local Government Code – is not disqualified
(Sec 39,LGC) from running for an elective local public office,
because Sec. 40 of the Local Government Code
 San Beda College of Law
2010 Centralized Bar Operations

cannot be given retroactive effect (Grego v. v. Court of Appeals, G.R. No. 88831, November
COMELEC, G.R. No. 125955, June 19, 1997). 8, 1990).

c. Those convicted by final judgment for violating g. The insane or feeble-minded.

the oath of allegiance to the Republic; 3. Additional grounds for disqualification (Sec. 68,
OEC):
d. Those with dual citizenship; a. One who has violated provisions on:
i. Campaign period
Dual citizenship as a disqualification must refer ii. Removal, destruction of lawful election
to citizens with dual allegiance. Consequently, propaganda
persons with mere dual citizenship do not fall iii. Prohibited forms of propaganda
under the disqualification (Mercado v. Manzano, iv. Regulation of propaganda through mass
G.R. No. 135083, May 26, 1999). media
b. One who has given money or other material
In fine, R.A. No. 9225 categorically demands consideration to influence voters or public
natural-born Filipinos who re-acquire their officials performing electoral functions
citizenship and seek elective office, to execute a c. One who committed acts of terrorism to enhance
personal and sworn renunciation of any and all his candidacy
foreign citizenships before an authorized public d. One who spent in his election campaign an
officer prior to or simultaneous to the filing of amount in excess of that allowed by law
their certificates of candidacy, to qualify as e. One who solicited or received or made any
candidates in Philippine elections. The rule contribution prohibited by law
applies to all those who have re-acquired their
Filipino citizenship, like petitioner, without regard CERTIFICATE OF CANDIDACY
as to whether they are still dual citizens or not. It A statement of a person seeking to run for a public office
is a pre-requisite imposed for the exercise of the certifying that he announces his candidacy for the office
right to run for public office (Sobejana-Condon v. mentioned and that he is eligible for the office, the name
Commission on Elections, G.R. No. 198742, of the political party to which he belongs if he belongs to
August 10, 2012). any, and his post-office address for all election purposes
being as well stated (Sinaca v. Mula, G.R. No. 135691,
“In the absence of any official action or approval September 27, 1999).
by the proper authorities, a mere application for
repatriation, does not, and cannot, amount to an No person shall be eligible for any elective public office
automatic reacquisition of the applicant's unless he files a sworn certificate of candidacy within the
Philippine citizenship” (Labo v. COMELEC, G.R. period fixed by law (Sec. 73, OEC).
No. 105111, July 3, 1992).
Effects of filing a certificate of candidacy
e. Fugitives from justice in criminal or non-political 1. Automatic resignation
cases here or abroad; Officials holding appointive offices, including active
members of AFP and officers of government-owned or
A fugitive from justice includes not only those controlled corporations shall be considered ipso facto
who flee after conviction to avoid punishment, resigned (Sec. 66, OEC & Art. 13, par. 3, R.A. 9369).
but likewise those who, after being charged, flee
to avoid prosecution (Marquez v. COMELEC, Applies to GOCCs without an original charter. (PNOC
G.R. No. 127318, April 25, 1999). Energy Development Corporation v. NLRC, G.R. No.
100947, May 31, 1993)
f. Permanent residents in a foreign country or
those who have acquired the right to reside In Eleazar Quinto v. COMELEC (G.R. No. 189698,
abroad and continue to avail of the same right February 22, 2010), the Court upheld the validity of Sec.
after the effectivity of this Code; 4(a) of COMELEC Resolution 8678 (Filing of CoC for
National and Local Elections), Sec. 13 of R.A. 9369 and
“Green card” is ample evidence to show that the Sec. 66 of OEC. These provisions satisfy the requisites of
person is an immigrant to, or a permanent the equal protection test, especially the second
resident of, the United States of America (Caasi requirement that it must be germane to the purposes of
the law. It was held that only elective officials may file their

17
certificates of candidacy without being deemed ipso facto ground of formal defects in his certificate of candidacy (De
resigned from their posts. There is no violation of the Guzman v. Board of Canvassers, GR No. L-24721,
equal protection clause since there is a substantial November 3, 1925).
distinction between elective and appointive officials to
warrant differential treatment: Substitution of Candidates
a. Elective officials occupy their office by virtue of the If after the last day for the filing of certificates of
mandate of the electorate. On the other hand, candidacy, an official candidate of a registered or
appointive officials hold their office by virtue of their accredited political party dies, withdraws or is disqualified
designation thereto by an appointing authority. for any cause, only a person belonging to, and certified
b. Appointive officials, as officers and employees in the by, the same political party may file a certificate of
civil service, are strictly prohibited from engaging in any candidacy to replace the candidate who died, withdrew or
partisan political activity or take part in any election was disqualified not later than mid-day of the day of the
except to vote. On the other hand, elective officials, or election (Sec. 76, OEC).
officers or employees holding political offices, are
obviously expressly allowed to take part in political and When the candidate who dies is an independent
electoral activities candidate, he cannot be substituted (Recabo, Jr. v.
COMELEC, G.R. No. 134293, June 21, 1999).
It must be emphasized that the purpose of the law is to
defer to the sovereign will of the people by letting elective Substitution of a candidate, by reason of withdrawal, must
officials serve until the end of the terms for which they be made after the last day for filing certificates of
were elected notwithstanding the filing of their CoC. On candidacy, not when the withdrawal is effected on or
the contrary, the automatic resignation rule is imposed before such last day (Villanueva v. COMELEC, G.R. No.
upon appointive officials because unlike elective officials, L-54718, December 4, 1985).
the former, as provided by Sec. 55 of the Administrative
Code of 1987, are strictly prohibited from engaging in any A candidate whose certificate of candidacy has been
partisan political activity or from taking part in any election, cancelled or not given due course cannot be substituted
except to vote (Quinto, et al. v. COMELEC, G.R. No. by another belonging to the same political party (Miranda
189698, February 22, 2010). v. Abaya, G.R. No. 136351, July 28, 1999). The Court
applied the principle of expressio unius est exclusion
Note: Section 67 of the OEC and Section 11 of R.A. alterius because when the law enumerated the occasions
8436 on automatic resignation of an elective official where a candidate may be validly substituted, no mention
running for any other elective position than the one was made of the case where a candidate is excluded not
which he is holding in a permanent capacity has been only by disqualification but also by denial and cancellation
repealed by Section 14 of Republic Act No. 9006 of his certificate of candidacy (Ong v. Alegre. G.R. Nos.
(Fair Election Act). The repeal means that such 163295, 163354, January 2, 2006).
elective official is no longer deemed resigned when
he files a certificate of candidacy for any position Ministerial duty of COMELEC to receive COCs
(Quinto v. Commission on Elections, G.R. No. The COMELEC shall only have the ministerial duty to
189698, December 1, 2009). receive and acknowledge receipt of the certificates of
candidacy (Sec. 76, OEC; Luna v. COMELEC. G.R. No.
2. Filing of two Certificates of Candidacy: When a person 165983. April 24, 2007). Accordingly, the COMELEC may
files two certificates of candidacy for different offices, he not, by itself, without proper proceedings, deny due
becomes ineligible for either position He may withdraw course to or cancel a certificate of candidacy filed in due
one of his certificates by filing a sworn declaration with the form. Sec.78, OEC, which treats of a petition to deny due
Commission before the deadline for the filing of course to or cancel a certificate of candidacy on the
certificates of candidacy (Sec. 73, OEC). ground that any material representation therein is false,
requires that the candidate must be notified of the petition
Before the deadline for filing the certificate, a candidate against him and he should be given the opportunity to
may withdraw all except one, declaring under oath the present evidence in his behalf (Cipriano v. COMELEC,
office for which he desires to be eligible and cancel the G.R. No. 1588330, August 10, 2004).
certificate of candidacy for other office or offices (Go v.
COMELEC, G.R. No. 147741, May 10, 2001). Instances when COMELEC may go beyond the face of
the certificate of candidacy:
Formal defects in the Certificate of Candidacy: The 1. Authority over nuisance candidates
election of a candidate cannot be annulled on the sole
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2010 Centralized Bar Operations

2. Power to deny due course to or cancel a certificate of action, inquiry, or protest and, upon motion of the
candidacy under Sec. 78 of the OEC complainant or any intervenor, may during the pendency
3. Filing of a disqualification case on any of the grounds thereof order the suspension of the proclamation of such
enumerated in Sec.68, OEC candidate whenever the evidence of his guilt is strong
(Sec. 6, RA 6646 or the Electoral Reforms Law of 1987).
Nuisance candidates
Those whose certificates of candidacy are presented and Note: The COMELEC can suspend proclamation only
filed to cause confusion among the voters by the similarity when evidence of the winning candidate’s guilt is strong
of the names of the registered candidates or by other (Codilla, Sr. v. De Venecia, et. al., G.R. No. 150605,
circumstances or acts which clearly demonstrate that the December 10, 2002).
candidate has no bona fide intention to run for the office
for which the COC has been filed and thus prevent a The use of the word “may” indicates that the suspension
faithful determination of the true will of the electorate of the proclamation is merely permissive. If the COMELEC
(Bautista v. COMELEC, G.R. No. 133840, November 13, does not find any sufficient ground to suspend
1998; Sec. 69, OEC). proclamation, then a proclamation may not be made
(Grego v. COMELEC, G.R. No. 125955, June 19, 1997).
Grounds for filing a case against a nuisance candidate :
COMELEC may motu proprio or upon verified petition of It is incorrect to say that since a candidate has been
an interested party, refuse to give due course to or cancel disqualified, the votes intended for the disqualified
a certificate of candidacy if shown that said certificate was candidate should, in effect, be null and void. This would
filed: amount to disenfranchising the electorate in whom
1. To put the election process in mockery or disrepute; sovereignty reside (Ortega v. COMELEC, G.R. No.
2. To cause confusion among voters by similarity of 105111, July 3, 1992).
names of registered candidates;
3. By other circumstances or acts which demonstrate that The ineligibility of a candidate receiving majority votes
a candidate has no bona fide intention to run for the does not entitle the eligible candidate receiving the next
office for which his certificate of candidacy has been highest number of votes to be declared elected (Ortega v.
filed, and thus prevent a faithful determination of the COMELEC, G.R. No. 105111, July 3, 1992.).
true will of the electorate. Exceptions:
1. The one who obtained the highest number of votes
Period to file petition against a nuisance candidate: Within is disqualified; AND
5 days from the last day for the filing of certificates of 2. The electorate is fully aware in fact and in law of
candidacy. the candidate’s disqualification so as to bring such
awareness within the realm of notoriety but would
Petition to deny due course to or to cancel a certificate of nonetheless cast their votes in favor of the
candidacy ineligible candidate (Grego v. COMELEC, G.R. No.
The COMELEC, upon proper petition, may cancel a 125955, June 19, 1997).
certificate of candidacy on the ground that any material Note:
misrepresentation contained therein as required under The Labo doctrine has been overturned by the ruling of
Sec. 74 of OEC is false (Sec. 78, OEC), provided that: the Supreme Court in Maquiling v. COMELEC. The rule
now is as follows:
a. The false representation pertains to material matter “The electorate’s awareness of the candidate’s
affecting substantive rights of a candidate and that disqualification is not a prerequisite for the disqualification
b. The false representation must consist of deliberate to attach to the candidate. The very existence of a
attempt to mislead, misinform, or hide a fact which disqualifying circumstance makes the candidate ineligible.
would otherwise render a candidate ineligible (Salcedo Knowledge by the electorate of a candidate’s
II v. COMELEC, G.R. No. L-16835, July 26, 1960). disqualification is not necessary before a qualified
Effect of a disqualification case candidate who places second to a disqualified one can be
Any candidate who has been declared by final judgment proclaimed as the winner. The second-placer in the vote
to be disqualified shall not be voted for, and the votes cast count is actually the first-placer among the qualified
for him shall not be counted. If for any reason a candidate candidates (G.R. No. 195649, April 16, 2013).”
is not declared by final judgment before an election to be
disqualified and he is voted for and receives the winning Withdrawal of Certificate of Candidacy
number of votes in such election, the Court or Procedure
Commission shall continue with the trial and hearing of the Any person who has filed a Certificate of Candidacy may,

19
at any time before election day and subject to Sec. 15 1. It shall be unlawful for any foreigner, whether juridical or
hereof, file personally a Statement of Withdrawal under natural person, to aid any candidate or political party,
oath, in five (5) legible copies, with the office where the directly or indirectly, or take part in or influence in any
Certificate of Candidacy was filed. No Statement of manner any election, or to contribute or make any
Withdrawal shall be accepted if filed by a person other expenditure in connection with any election campaign or
than the candidate himself or if filed by mail, electronic partisan political activity (Sec, 81, OEC).
mail, telegram or facsimile.
The filing of a withdrawal of a Certificate of Candidacy 2. It shall be unlawful for any person during the campaign
shall not affect whatever civil, criminal or administrative period to remove, destroy, obliterate or in any manner
liabilities a candidate may have incurred. deface or tamper with, or prevent the distribution of
lawful election propaganda (Sec.83, OEC).
A person who has withdrawn his Certificate of Candidacy
for a position shall not be eligible, whether as a substitute 3. It shall be unlawful for any candidate, political party,
candidate or not, for any other position (Sec. 14, organization, or any person to give or accept, free of
COMELEC Resolution No. 9518, September 11, 2012). charge, directly or indirectly, transportation, food or
drinks or things of value during the 5 hours before and
Effect after a public meeting, on the day preceding the
The withdrawal of the certificate of candidacy shall effect election, and on the day of the election; or to give or
the disqualification of the candidate to be elected for the contribute, directly or indirectly, money or things of
position. value for such purpose (Sec. 84, BP 881, OEC).

Withdrawal of withdrawal There is no prohibited premature campaigning in the

The withdrawal of the withdrawal, for the purpose of Philippines pursuant to the Supreme Court ruling in
reviving the certificate of candidacy, must be made within Penera v. COMELEC.
the period provided by law for the filing of certificates of
candidacy (Monsale v. Nico, G.R. No. L-2539, May 28, In Penera v. COMELEC, (G.R. No. 181613, November
1949). 25, 2009) the Court ruled that under the law, “candidate”
has been defined as “any person aspiring for or seeking
C AMPAIGN ; E LECTION an elective public office, who has filed a certificate of
candidacy” and that “any person who files certificate of
P ROPAGANDA ; C ONTRIBUTIONS candidacy within [the period for filing] shall only be
AND E XPENDITURES considered as a candidate at the start of the campaign
period for which he filed his certificate of candidacy.”

Election campaign or partisan political activity If there is yet no candidate whose interest it is to be
This refers to an act designed to promote the election or promoted or defeated, there is no restriction to any
defeat of a particular candidate or candidates to a public election campaign or partisan political activity.
office (Sec. 79, OEC). It includes: Accordingly, engaging in partisan political activity in favor
1. Forming organizations or groups of persons of, or against, a person who has not filed a certificate of
2. Holding political caucuses, meetings, rallies or other candidacy is not prohibited (Penera v. COMELEC, supra).
similar assemblies
3. Making speeches or commentaries The Court further said that what the law says is “any
4. Publishing or distributing campaign literature or unlawful act or omission applicable to a candidate shall
materials for the purpose of soliciting votes and/or take effect only upon the start of the campaign period. The
undertaking any campaign or propaganda to support or plain meaning of this provision is that the effective date
oppose the election of any candidate when partisan political acts become unlawful as to a
candidate is when the campaign period starts. Before the
Election campaign does not include public expressions of start of the campaign period, the same partisan political
opinions or discussion of probable issues in a forthcoming acts are lawful (Penera v. COMELEC, supra).
election or on attributes of or criticisms against probable
candidates proposed to be nominated in a forthcoming Republic Act 9006 – FAIR ELECTION ACT
political party convention. (Sec.79, BP 881, OEC). Lawful Election Propaganda
1. Written/Printed Materials (does not exceed 8 ½ in. width
Prohibited election campaign acts: by 14 in. length)
2. Handwritten/printed letters
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2010 Centralized Bar Operations

3. Posters (not exceeding 2 x 3 ft.), however, 3 by 8 ft. is bona fide, the broadcast stations or entities must
streamers are allowed in announcing a public meeting show that: (1) prior approval of the Commission
or rally, at the site and on the occasion of a public was secured; and (2) candidates and parties were
meeting or rally, may be displayed 5 days before the afforded equal opportunities to promote their
date of rally but shall be removed within 24 hours after candidacy (Sec. 9, COMELEC Resolution 9615).
said rally. 6. All other forms of election propaganda not prohibited
4. Print Ads — not exceeding ¼ page in broadsheets and by the OEC as the COMELEC may authorize after
½ page in tabloids thrice a week per newspaper, due notice to all interested parties and hearing where
magazine or other publication during the campaign all the interested parties were given an equal
period opportunity to be heard. The Commission’s
5. Broadcast Media (i.e. TV and Radio): authorization shall be published in 2 newspapers of
a. National Positions — Not more than an aggregate general circulation throughout the nation for at least
total of one hundred (120) minutes of television twice within 1 week after the authorization has been
advertising, whether appearing on national, granted (Sec.82, OEC).
regional, or local, free or cable television, and one
hundred eighty (180) minutes of radio advertising, Election survey
whether airing on national, regional, or local radio, The Supreme Court held that Sec. 5.4 of the Fair Election
whether by purchase or donation. Act prohibiting publication of survey results 15 days
b. Local Positions — Not more than an aggregate immediately preceding a national election and 7 days
total of sixty (60) minutes of television advertising, before a local election violates the constitutional rights of
whether appearing on national, regional, or local, speech, expression, and the press because:
free or cable television, and ninety (90) minutes of
radio advertising, whether airing on national, 1. It imposes a prior restraint on the freedom of
regional, or local radio, whether by purchase or expression;
donation. 2. It is a direct and total suppression of a category of
expression even though such suppression is only for
This was further qualified by COMELEC Resolution a limited period; and
9615 (January 16, 2013) to read as follows: 3. The governmental interest sought to be promoted can
i. In cases where two or more candidates or parties be achieved by means other than the suppression of
whose names, initials, images, brands, logos, freedom of expression (Social Weather Station v.
insignias, color motifs, symbols, or forms of COMELEC, G.R. No. 147571 May 5, 2001).
graphical representations are displayed, exhibited,
used, or mentioned together in the broadcast Prohibited forms of election propaganda:
election propaganda or advertisements, the length 1. To print, publish, post or distribute any poster,
of time during which they appear or are being pamphlet, circular, handbill or printed matter urging
mentioned or promoted will be counted against the voters to vote for or against any candidate unless
airtime limits allotted for the said candidates or they bear the names and addresses of the printer and
parties and the cost of the said advertisement will payor;
likewise be considered as their expenditures, 2. To erect, put up, make use of, attach, float or display
regardless of whoever paid for the advertisements any billboard, tinplate poster, balloons and the like, of
or to whom the said advertisements were donated; whatever size, shape, form or kind, advertising for or
and against any candidate or political party;
3. To purchase, manufacture, request, distribute, or
ii. Appearance or guesting by a candidate on any accept electoral propaganda gadgets, such as pens,
bona fide newscast, bona fide news interview, bona lighters, fans of whatever nature, flashlights, athletic
fide news documentary, if the appearance of the goods or materials, wallets, shirts, hats, bandanas,
candidate is incidental to the presentation of the matches, cigarettes and the like, except that
subject or subjects covered by the news campaign supporters accompanying a candidate shall
documentary, or on-the-spot coverage of bona fide be allowed to wear hats and/or shirts or T-shirts
news events, including but not limited to events advertising a candidate;
sanctioned by the Commission on Elections, 4. To show or display publicly any advertisement or
political conventions, and similar activities, shall not propaganda for or against any candidate by means of
be deemed to be broadcast election propaganda cinematography, audio-visual units or other screen
within the meaning of this provision. To determine projections except telecasts which may be allowed
whether the appearance or guesting in a program under certain conditions; and

21
5. For any radio broadcasting or television station to sell
or give free of charge air time for campaign and other Exit polls
political purposes except as authorized in the Code Exit polls may only be taken subject to the following
under rules and regulations promulgated by the requirements:
Commission pursuant thereto (Sec.85, OEC). 1. Pollsters shall not conduct their surveys within fifty (50)
meters from the polling place, whether said survey is
Prohibited campaign (MAC) taken in a home, dwelling place and other places;
1. Any media practitioner who is an official of a political 2. Pollsters shall wear distinctive clothing;
party or a member of the campaign staff of a 3. Pollsters shall inform the voters that they may refuse to
candidate or political party shall not use his/her time answer; and
or space to favor any candidate or political party. 4. The result of the exit polls may be announced after the
2. Public exhibition of movie, cinematograph or closing of the polls on election day, and must clearly
documentary portrayed by an actor or media identify the total number of respondents, and the places
personality who is himself a candidate during the where they were taken. Said announcement shall state
campaign period. that the same is unofficial and does not represent a
3. Public exhibition of movie, cinematograph or trend (Section 5.5, R.A. 9006, Fair Election Act).
documentary portraying the life or biography of a
candidate during the campaign period (Section 6, Exit polls and the dissemination of their results through
Fair Election Act). mass media constitute part of the freedom of speech and
of the press. Hence, the COMELEC cannot ban them
COMELEC Space totally in the guise of promoting clean, honest, orderly and
The COMELEC shall procure the print space upon credible elections (ABS-CBN v. COMELEC, G.R. No.
payment of just compensation from at least three (3) 133486, January 28, 2000).
national newspapers of general circulation wherein
candidates for national office can announce their ELECTORAL CONTRIBUTIONS
candidacies. Such space shall be allocated free of charge Includes a gift, donation, subscription, loan, advance or
equally and impartially among all the candidates for deposit of money or anything of value, or a contract,
national office on three (3) different calendar days: the first promise or agreement to contribute, whether or not legally
day within the first week of the campaign period; the enforceable, made for the purpose of influencing the
second day within the fifth week of the campaign period; results of the elections but shall not include services
and the third day within the tenth week of the campaign rendered without compensation by individuals
period (Sec. 7.1, R.A. 9006, Fair Election Act). volunteering a portion or all of their time in behalf of a
candidate or political party. It shall also include the use of
COMELEC Time facilities voluntarily donated by other persons, the money
The COMELEC shall also procure free airtime from at value of which can be assessed based on the rates
least three (3) national television networks and three (3) prevailing in the area (Section 94 (a), OEC).
national radio networks, which shall also be allocated free
of charge equally and impartially among all candidates for Prohibited contributions:
national office. Such free time shall be allocated on three 1. No contribution for purposes of partisan political
(3) different calendar days; the first day within the first activity shall be made directly or indirectly by any of
week of the campaign period; the second day within the the following:
fifth week of the campaign period; and the third day within a. Public or private financial institutions; except, loan
the tenth week of the campaign period (Sec 7.2, RA 9006, made by financial institutions legally in the business
Fair Election Act). of lending money, and in accordance with laws and
regulations and in the ordinary course of business;
b. Natural and juridical persons operating a public
utility or in possession of or exploiting any natural
Right to reply resources of the nation;
All registered parties and bona fide candidates shall have c. Natural and juridical persons who hold contracts or
the right to reply to charges published against them. The sub-contracts to supply the government or any of
reply shall be given publicity by the newspaper, television its divisions, subdivisions or instrumentalities, with
and/or radio station which first printed or aired the charges goods or services or to perform construction or
with the same prominence or in the same page or section other works;
or in the same time slot as the first statement (Sec. 10, d. Natural and juridical persons who have been
RA 9006, Fair Election Act). granted franchises, incentives, exemptions,
 San Beda College of Law
2010 Centralized Bar Operations

allocations or similar privileges or concessions by the use of which can be assessed based on the rates
the government or any of its divisions, subdivisions prevailing in the area (Sec. 94 (b), OEC).
or instrumentalities, including government-owned
or controlled corporations; Limitation on expenses:
e. Natural and juridical persons who, within one year Sec. 13, Synchronized Elections and for Electoral
prior to the date of the election, have been granted Reforms – R.A. 7166
loans or other accommodations in excess of 1. Candidates: Ten pesos (P10.00) for President and
P100,000 by the government or any of its divisions, Vice-President; and for other candidates Three Pesos
subdivisions or instrumentalities including (P3.00) for every voter currently registered in the
government-owned or controlled corporations; constituency where he filed his certificate of
f. Educational institutions which have received grants candidacy: Provided, That a candidate without any
of public funds amounting to no less than political party and without support from any political
P100,000.00; party may be allowed to spend Five Pesos (P5.00) for
g. Officials or employees in the Civil Service, or every such voter; and
members of the Armed Forces of the Philippines; 2. For political parties: Five pesos (P5.00) for every voter
and currently registered in the constituency or
h. Foreigners and foreign corporations. constituencies where it has official candidates.

It shall be unlawful for any person to solicit or receive any Statement of contributions and expenses (Sec. 14, R.A.
contribution from any of the persons or entities 7166, Act Providing For Synchronized National and Local
enumerated herein (Sec. 95, OEC). Elections and for Electoral Reforms, Authorizing
Appropriations Therefor and Other Purposes)
2. It shall be unlawful for any person, including a political
party or public or private entity to solicit or receive, Every candidate and treasurer of the political party shall,
directly or indirectly, any aid or contribution of within thirty (30) days after the day of the election, file in
whatever form or nature from any foreign national, duplicate with the offices of the Commission the full, true
government or entity for the purposes of influencing and itemized statement of all contributions and
the results of the election (Sec 96, OEC). expenditures in connection with the election.

3. It shall be unlawful for any person to hold dances, Effect of failure to file:
lotteries, cockfights, games, boxing bouts, bingo, 1. Prohibited from entering upon the duties of his office
beauty contests, entertainments, or cinematographic, 2. Administrative fines (except candidates for elective
theatrical or other performances for the purpose of barangay office)
raising funds for an election campaign or for the a. 1st Offense — P1,000 to P30,000 in the
support of any candidate from the commencement of discretion of the Commission. The fine shall be
the election period up to and including election day; paid within 30 days from receipt of notice of
or for any person or organization, whether civic or such failure; otherwise, it shall be enforceable
religious, directly or indirectly, to solicit and/or accept by a writ of execution issued by the Commission
from any candidate for public office, or from his against the properties of the offender.
campaign manager, agent or representative, or any b. 2nd offense — P2,000 to P60,000 in the
person acting in their behalf, any gift, food, discretion of the Commission.
transportation, contribution or donation in cash or in 3. Perpetual disqualification to hold public office for
kind from the commencement of the election period second or subsequent offense
up to and including election day; except, normal and
customary religious stipends, tithes, or collections on In the case of Pilar v. COMELEC G.R. No. 115245,
Sundays and/or other designated collection days, are July 11, 1995), it was held that the law made no
excluded from this prohibition (Sec. 97, OEC). distinction as to whether the candidate pursued his
candidacy or withdrew it. The State has an interest in
ELECTORAL EXPENDITURES seeing that the electoral process is clean. One way of
Include the payment or delivery of money or anything of attaining the objective is to regulate contributions and
value, or a contract, promise or agreement to make an expenses of candidates. A candidate who withdrew
expenditure, for the purpose of influencing the results of may have accepted contributions and incurred
the election. It shall also include the use of facilities expenses.
personally owned by the candidate, the money value of
B OARD
OF E LECTION
I NSPECTORS AND W ATCHERS

23
Board of Election Inspectors (BEI) Members of the SBEI who are not availing of the Local
Absentee Voting may, on election day, vote in the
Composition (Sec. 1, Article 1, COMELEC Resolution No. precincts where they are registered, provided that their
9640, February 15, 2013): absence in the special polling place shall not be more
1. Chairman than thirty (30) minutes and that they schedule their voting
2. Two members, all of whom shall be public school so that only one member of the SBEI shall leave at any
teachers, giving preference to those with permanent one time (Section 20, COMELEC Resolution No. 8811,
appointment and those who served in the immediately Rules and Regulations on Detainee Voting in Connection
preceding National and Local Elections with the May 10, 2010 National and Local Elections).
a. One of the members shall be designated as poll clerk
b. At least one member shall be an information Powers
technology-capable person and certified by the DOST 1. Conduct the voting and
counting of votes in the polling place (Sec. 168(a), Art.
Qualifications (Sec. 166, Art. XIV, B.P. 881): XIV, B.P. 881);
1. Of good moral character and irreproachable reputation; 2. Administer electronic
2. Registered voter of the city or municipality; counting of votes, including the testing and sealing of
3. Has never been convicted of any: the PCOS machine (Sec. 10, COMELEC Resolution
a. Election offense; or No. 9640)
b. A crime punishable by more than six (6) months of 3. Act as deputies of the
imprisonment; COMELEC in supervision and control of the polling
4. Has no pending case against him filed with the place (Sec. 168(b), Art. XIV, B.P. 881);
COMELEC or court for any election offense; and 4. Print the election returns
5. Speak, read and write English or the local dialect. and transmit electronically the election results, through
Note: Sec. 3 R.A. 9369 (Amended Automated Elections the use of the PCOS machine to the:
System Law): At least one member of the BEI shall be a. City Municipal
an information technology-capable person, trained and Board of Canvassers;
certified by the DOST to use the AES. b. Central server;
and
Disqualifications: c. Transparency
1. He or his spouse is related within the 4 th civil degree server (Sec. 10, COMELEC Resolution No. 9640)
by consanguinity or affinity, to any member of the BEI 5. Maintain order within the
or any candidate to be voted for or the latter’s polling place and its premises to keep access thereto
spouse, in the polling place (Sec. 3, Article 1, open and unobstructed and to enforce obedience to its
COMELEC Resolution No. 9640, February 15, 2013); lawful orders (Id);
and 6. Furnish watchers
2. Not engaged in any partisan political activity (Sec. Certificate of Votes upon request; and (Id.); and
173, Art. XIV, B.P. 881). 7. Perform such other
functions as prescribed by the Code or by the rules of
Local absentee voting: voting privilege of the members of COMELEC (Sec. 168(c), Art. XIV, B.P. 881).
BEI
Members of the BEI who are registered voters in precincts WATCHERS
other than where they are assigned, may avail of the Official watchers
Local Absentee Voting, or on the day of the elections, vote Each candidate and registered political party or coalition
in the precincts where they are registered, provided than of political parties duly registered with the COMELEC and
they do so when the voting in their respective places of fielding candidates in the election, as well as duly
assignments is light, and their absence shall not be for
more than thirty (30) minutes. For this purpose, they shall
schedule their voting so that only one member of the BEI accredited citizens’ arms may appoint two (2) watchers, to
shall leave at any one time (Section 12, COMELEC serve alternately, in every polling place. However,
Resolution No. 8786, March 4, 2010, Revised General candidates for Senator, Member, Sangguniang
Instructions for BEI, as amended by Resolution 8798). Panlalawigan or Sangguniang Panlungsod, or
Sangguninang Bayan, or ARMM Regional Legislative
Voting privilege of the special Board of Election Inspectors Assembly belonging to the same party or coalition, shall
for detainee voting collectively be entitled to one watcher (Sec. 17,
COMELEC Resolution No. 9640, February 15, 2013).
 San Beda College of Law
2010 Centralized Bar Operations

5. File protest against any irregularity or violation of law;

Sec. 34, R.A. 9369 fixes the per diem of all dominant 6. Obtain from the BEI a certificate as to the filing of such
majority and dominant minority parties to P400. The SC protest and/or the resolution thereof; and
upheld the validity of such provision and pronounced such 7. Position themselves behind the chairman of the BEI in
regulation of per diem of poll watchers as promoting the such a way that they can read the election returns.
general welfare of the community, hence a valid exercise
of police power (Barangay Association for National Dev’t P RECINCTS AND P OLLING
and Transparency (BANAT) Party-List v. COMELEC, G.R. P LACES
No. 177508, August 7, 2009).

There shall also be recognized six principal watchers, Precincts and their establishments
representing the six accredited major political parties Election precints are the units of territory for the purpose
excluding the dominant majority and minority parties, who of voting. Every barangay as of the approval of this act
shall be designated by the Commission upon nomination shall have one such precinct (Sec. 149, Art. XIII, B.P.
of the said parties. These political parties shall be 881).
determined by the Commission upon notice and hearing
on the basis of the following circumstances: The established precincts will be clustered into groups of
1. The established record of the said parties, coalition three but not exceeding seven (7) precincts taking into
of groups that now composed them, taking into account the equitable distribution of the number of
account, among other things, their showing in past registered voters per precinct and the aggregate number
election; of registered voters in the clustered/grouped precincts
2. The number of incumbent elective officials shall not exceed one thousand (1,000) (COMELEC
belonging to them ninety (90) days before the date Resolution No. 8699).
of election;
3. Their identifiable political organizations and The territory comprising an election precinct shall not be
strengths as evidenced by their altered or a new precinct established within 45 days
organized/chapters; before a regular election and 30 days before a special
4. The ability to fill a complete slate of candidates election or a referendum or plebiscite (Sec. 149, Art. XIII,
from the municipal level to the position of B.P. 881).
President; and
5. Other analogous circumstances that may Polling Place
determine their relative organizations and strengths It is the building or place where the BEI conducts its
(Sec. 34, R.A. 9369, amending Sec. 26 of R.A. proceedings and where voters shall cast their votes (Sec.
7166). 152, OEC). The location of the polling place shall be
designated by the COMELEC (Sec. 153, Art. XIII, B.P.
Qualifications of watchers (Sec. 9, COMELEC No. 881).
Resolution 9485):
1. Registered voter of the city or municipality; The transfer of a polling place without notice given to
2. Of good reputation; candidates and registered voters is a violation of due
3. Never been convicted of any election offense or any process provided under the election code (Cawasa v
crime; COMELEC, G.R. No. 150469, July 3, 2002).
4. Knows how to read and write English, Filipino, or any of
the prevailing local dialect; and Note:
5. Not related within the 4th civil degree by consanguinity Under COMELEC Resolution No. 8811 (March 30, 2010),
or affinity to the chairman any member of the BEI in the the COMELEC allowed the setting up of special polling
polling place where he seeks appointment as watcher places in established in jails with at least one hundred
detainee voters who are residents and registered as such
Rights and duties of watchers (Sec. 19, COMELEC in the municipality or city where the jail facility is located.
Resolution No. 9640): In case of cities with several districts, detainee voters of
1. Stay in the space reserved for them inside the polling districts other than the district where the jail is located are
place; entitled to vote in the special polling places inside the jails
2. Witness and inform themselves of the proceedings of (Sec. 5, COMELEC Resolution No. 8811).
the BEI;
3. Take note of what they may see or hear; C ASTING AND V OTING :
4. Take notes, photographs of proceedings;
C ANVASSING

25
Procedure for the Casting of Votes: Means: Precinct Computerized Voters List (PCVL) and
(COMELEC Resolution No. 8739, December 29, 2009) Election Day Computerized Voters List (EDVCL) and
Proof of Voter’s Identity.
Preliminary Procedures
Only voters listed in the EDVCL shall be allowed to vote.
In case any member of the BEI doubts the identity of the
Install the PCOS Machine voter, the BEI shall check his voter’s ID card.
General Rule: Voter’s identity may likewise be
established by any authentic document.
Initialize the PCOS Machine Exceptions: Barangay Certificate and Community Tax

Announcement by the chairman of the voter’s name (Id.)

Obtain Ballots/Identity Verification 1. Announcement of authenticated voter’s name.
2. Voter shall affix his signature on in the voting record.
3. Chairman shall enter the number of the ballot in the
voting record and deliver to the voter one ballot
Announcement by the chairman of the
voter’s name correctly folded.

Procedure for Rejected Ballots by the PCOS Machine

(Sec. 36, COMELEC Resolution 8739):
Voter shall cast his vote
1. The Chairman shall distinctly mark the back of the
ballot as “Rejected.”
Insertion of the Ballot into the PCOS
2. The Chairman shall require all member of the BEI to
Machine sign at the back of the ballot.
3. The rejected ballot shall be placed inside the
Envelope for Rejected Ballots.
Preliminary Procedures (Sec. 33, COMELEC Resolution Notes:
8739) a. No Replacement ballot shall be issued.
Prior to commencing the actual voting the chairman of the b. Any party objecting to the rejection of the ballot
BEI shall: shall reduce his objection in writing, which the
1. Show to the public and the watchers present that the: board shall attach and note in the Minutes.
a. PCOS box is sealed; Check PCOS Box serial
numbers Disabled or illiterate voters
b. Ballot box is locked and empty; and The voter who is illiterate or disabled shall not be deprived
c. Package of official ballots and the Book of Voters of his fundamental right of suffrage on such ground alone.
are both duly sealed , and thereafter, break the Illiterate or disabled individuals may be assisted in the
seals; preparation of the ballot by:
2. Count the ballots manually. Enter in the Minutes the 1. A relative, by affinity or consanguinity, within the
number of ballots; and the fact that the PCOS box, fourth civil degree; or
package ballots and the Book of Voters were shown 2. If none, by any person of his confidence who belongs
to the public with the seals intact. to the same household; or
3. Any member of the board of election inspectors (Sec.
Remove the seal of the PCOS box, retrieve the 30, COMELEC Resolution 8739).
PCOS from the box and show that the seals of the
printer cover, main memory card slot and back-up Note: A voter may vote as an illiterate/disabled and be
memory card slot of the PCOS are intact. Record in assisted by another person, provided it is indicated in
the Minutes such fact and thereafter break the seal of his/her registration record that such person is illiterate or
the printer cover. The Main memory card slot and disabled, and that such appears in the EDCVL and the
back-up memory card slot shall remain sealed during VRR (Sec. 30, COMELEC Resolution 8739).
the voting.
All assistors must be:
Obtain Ballots/Identity Verification (Sec. 34, COMELEC a. Of voting age
Resolution 8739) b. May assist only up to 3 times except BEI members
c. Must prepare the ballot in the presence of the disabled
or illiterate voter (Sec. 30, COMELEC Resolution 8739).
 San Beda College of Law
2010 Centralized Bar Operations

canvassers of each province or city shall be

Election Returns electronically transmitted to the Congress,
A document in electronic and printed form directly directed to the president of the Senate.
produced by the counting or voting machine, showing the c. Upon receipt of the certificates of canvass,
date of the election, the province, municipality and the the President of the Senate shall, not later
precinct in which it is held and the votes in figures for each than thirty (30) days after the day of the
candidate in a precinct in areas where AES is utilized election, open all the certificates in the
(Sec. 2, R.A. 9369). presence of the Senate and the House of
representatives in joint public session.
B OARD OF C ANVASSERS d. The Congress upon determination of the
authenticity and the due execution thereof in
the manner provided by law, canvass all the
results for president and vice-president and
Board of Canvassers thereafter, proclaim the winning candidates
The board of canvassers is a ministerial body. It is (Sec.23, R.A. 9369).
enjoined by law to canvass all votes on election returns
submitted to it in due form. Its powers are limited generally In case two or more shall have an equal and highest
to the mechanical or mathematical function of ascertaining number of votes, one of them shall forthwith be chosen by
and declaring the apparent result of the election by adding a vote of a majority of all the members of Congress (Sec.
or compiling the votes cast for each candidate as shown 4(5), Art. VII, Constitution).
on the face of the returns before them, and then declaring
or certifying the result so ascertained (Abes v COMELEC. Note:
G.R. No. L-28348, December 15, 1967). Congress and the Commission en banc shall determine
the authenticity and due execution of the certificate of
Canvassing Procedure in General: canvas for president and vice - president and senators,
respectively, as accomplished and transmitted to it by the
CONGRESS COMELEC local boards of canvassers (Sec. 37, R.A. 9369).

Composition of Local Board of Canvassers

PBOC 1. Provincial BOC
a. Chairman: Provincial Election supervisor or a
senior lawyer in the regional office of the
commission
CBOC /
MBOC b. Vice Chairman: Provincial Fiscal
c. Members:
i. Provincial Superintendent of schools;
ii. 1 representative from each of the ruling
BEI party and the dominant party in the
constituency concerned to be represented
National Board of Canvassers:
1. For Senators and Party-List Representatives
a. Composed of the chairman and members of the
Commission on Election sitting en banc.
b. It shall canvass the results by consolidating the
2. City BOC
certificates of canvass electronically transmitted.
a. Chairman: City Election registrar of a lawyer of the
Thereafter, the national board shall proclaim the
commission
winning candidates for senators and party-list
b. Members:
representatives. (Sec. 22, R.A. 9369)
i. City Fiscal
ii. Acting Superintendent of Schools
2. For the President and Vice-President
iii. 1 representative from each of the ruling
a. Composed of the Senate and the House of
party and the dominant party entitled to be
Representatives in joint public session.
represented
b. The certificate of canvass for president and
vice-president duly certified by the board of
3. District BOC of Metro Manila

27
 a. Chairman: Lawyer of the Commission power before
b. Members: the
i. ranking fiscal in the district; proclamation
ii. most senior district school supervisor to be of the winning
appointed upon consultation of DOJ and presidential,
DepEd vice-
iii. 1 representative from each of the ruling presidential
party and the dominant party in the and senatorial
candidates have been
constituency concerned. candidates.
proclaimed.
(BANAT
4. Municipal BOC Party-List v.
a. Chairman: Election registrar or a lawyer of COMELEC,
the commission G.R. No.
b. Vice-Chairman: Municipal treasurer 177508,
c. Member: most senior district school August ,
supervisor or in his absence, a principal of August 7,
school or the elementary school 2009)
R EMEDIES AND J URISDICTION
d. Substitute members: Municipal
administrator, municipal assessor, clerk of
court nominated by the Executive Judge, or
any other available appointive municipal 1. Petition to deny due course to or to Cancel Certificate
officials. of Candidacy

Clarification on the Jurisdiction of Congress and The COMELEC, upon proper petition, may cancel a
COMELEC en banc and of Presidential Electoral Tribunal certificate of candidacy on the ground that any material
(PET) and Senate Electoral Tribunal (SET) (BANAT v. misrepresentation contained therein as required under
Commission on Elections, G.R. No. 177508, August 7, Sec. 74 of OEC is false (Sec. 78, OEC), provided that:
2009) 1. The petition may be filed not later than 25 days from the
There is no conflict of jurisdiction since the powers of time of filing of the certificate of candidacy, and shall be
Congress and the COMELEC en banc, on one hand, and decided, after due notice and hearing, not later than 15
the PET and the SET, on the other, are exercised on days before the election (Section 78, OEC).
different occasions and for different purposes. 2. Jurisdiction over a petition to cancel a certificate of
candidacy lies with the COMELEC in division, not with
Clarification on Jurisdiction the COMELEC en banc (Garvida v. Sales, G.R. No.
Congress and 122872, September 10, 1997).
PET SET
COMELEC
The sole Under Sec. 2. Petition for disqualification
judge of all 37, R.A. 9369,
The sole
contests Congress and Grounds
judge of all
relating to COMELEC Under Section 1, Rule 25 of COMELEC Resolution No.
contests
the en banc shall 9523, any candidate who, in an action or protest in which
relating to
election, determine he is a party, is declared by final decision of a competent
Jurisdict the election,
returns only the court, guilty of, or found by the Commission to be suffering
ion returns and
and authenticity from any disqualification provided by law or the
qualification
qualificatio and due Constitution may be disqualified.
s of
ns of the execution of
members of
President the The disqualification is premised on Section 12 or 68 of the
the Senate.
and Vice certificates of Omnibus Election Code or Section 40 of the Local
President. canvass. Government Code which contain the grounds for
Exercise The jurisdiction of the PET Congress and disqualification.
of and the SET can only be the
Jurisdict invoked once the winning COMELEC Who may file and period to file the petition
ion presidential, vice- en banc shall Any registered voter or any duly registered political party,
presidential or senatorial exercise its organization or coalition of political parties may file a
verified Petition to disqualify a candidate. The petition
 San Beda College of Law
2010 Centralized Bar Operations

shall be filed any day after the last day for filing of or the
certificates of candidacy, but not later than the date of Constitution
proclamation (Sections 2 and 3, Rule 25, COMELEC may be
Resolution No. 9523, September 25, 2012).
disqualified.
Petition to deny due course v. Petition for disqualification
(Dominador Jalosjos, Jr. v. Commission on Elections,
G.R. No. 193237, October 9, 2012) Note:
Petition to deny Petition for Disqualification
due course to disqualification s under Section
or to cancel 12 and 68 of
CoC the Omnibus
Election Code
Period of Within five (5) Any day after
for national
filing days from the the last day for
candidates and
last day for filing filing of
Section 40 for
of certificate of certificates of
local candidates
candidacy; but candidacy, but
not later than not later than Substitution Not allowed Allowed
twenty five (25) the date of Effect Candidate with Rule of
days from the proclamation the second succession
time of filing of highest number shall be
the certificate of of votes shall observed
candidacy assume office
subject of the
Petition. 3. Postponement and failure of Elections

Continuity Plan
Note: In case of A list of contingency measures, and the policies for
a substitute activation of such, that are put in place to ensure
candidate, the continuous operation of the AES. The AES shall be so
Petition must be designed to include a continuity plan in case of a system
filed within five breakdown or any such eventuality which shall result in
the delay, obstruction or nonperformance of the electoral
(5) days from
process (Sec. 11, R.A. 9369).
the time the
substitute Grounds for postponement of election
candidate filed An election may be postponed by the COMELEC either
his certificate of motu proprio or upon a verified petition by any interested
candidacy. party when there is:
a. Violence;
Grounds Misrepresentatio When declared b. Terrorism;
n in the CoC by final decision c. Loss or Destruction of election paraphernalia or
of a competent records;
court, guilty of, d. Force Majeure; or
or found by the e. Other analogous causes of such a nature that the
holding of a free, orderly and honest election becomes
Commission to
impossible in any political subdivision (Sec. 4, OEC).
be suffering
from any Failure of Election
disqualification a. The COMELEC en banc has the original and exclusive
provided by law jurisdiction to hear and decide petitions for declaration

29
 of failure of election or for annulment of election results COMELEC Rules of Procedure on Disputes in an
(Sec. 4, R.A. 7166). Automated Election System (Resolution No. 8804, March
b. The proclamation of the winning candidate does not 22, 2010) shall apply to election disputes under the
divest the COMELEC of such jurisdiction, where the Automated Election System (AES) using the Precinct
proclamation is null and void or is claimed to be so Count Optical Scan (PCOS) and shall cover pre-
(Ampatuan v. COMELEC, G.R. No. 149803, January proclamation controversies and election protests.
31, 2002).
c. The Commission shall, on the basis of a verified petition Pre-proclamation controversy refers to the proceedings of
by any interested party and after due notice and the board of canvassers which may be raised by any
hearing, call for the holding or continuation of the candidates or by any registered political party or coalition
election not held, suspended or which resulted in a of political parties, or by any accredited and participating
failure to elect on a date reasonably close to the date of party list group, before the board or directly with the
the election not held, suspended or which resulted in a Commission (Sec. 1, Rule 3, COMELEC Resolution No.
failure to elect but not later than thirty (30) days after the 8804, as amended by COMELEC Resolution No. 9164,
cessation of the cause of such postponement or March 22, 2010).
suspension of the election or failure to elect (Section 6,
B.P. 881). Intended to prevent the nefarious practice known as
d. In fixing the date for special elections, the COMELEC “grab-the-proclamation, prolong-the-protest” (Abayon v.
should see to it that: COMELEC and Daza, G.R. No. 181295, April 2, 2009,
i. It should not be later than 30 days after the cessation Dissenting Opinion of Justice Nachura).
of the cause of the postponement or suspension of
the election or failure to elect; and Application of the Rules of Court and other related rules
ii. It should be reasonably close to the date of the The COMELEC Rules of Procedure, the Rules of Court,
election not held, suspended or which resulted in the and the Rules on Electronic Evidence shall apply by
failure to elect (Pangandaman v. COMELEC, G.R. analogy, or in a suppletory character, and whenever
No. 134340, November 25, 1999). necessary, practicable, and convenient (Sec. 3, Rule 1).

Instances where failure of election may be declared: In Pimentel III v. COMELEC (G.R. No.178413, March 13
a. The election in any polling place has not been held on 2008), the Court discussed the implications introduced by
the date fixed on account of force majeure, violence, Secs. 37 and 38 of R.A. 9369 to Secs. 15 and 30 of R.A.
terrorism, fraud, or other analogous causes; 7166. Accordingly, in elections for President, Vice-
b. The election in any polling place had been suspended President, Senators and Members of the House of
before the hour fixed by law for the closing of the Representatives, the GENERAL RULE still is that pre-
voting on account of force majeure, violence, proclamation cases on matters relating to the preparation
terrorism, fraud, or other analogous causes; and transmission, receipt, custody and appreciation of election
c. After the voting and during the preparation and returns or certification of canvass are still prohibited. As
transmission of the election returns or in the custody with other general rules, there are recognized exceptions
or canvass thereof such election results in a failure to to the prohibition, namely:
elect on account of force majeure, violence, terrorism,
fraud or other analogous causes (Sison v. a. When it appears that any
COMELEC, G.R. No. 134096, March 3, 1999). certificate of canvass or supporting statement of
Requisites: votes by city/municipality or by precinct bears
a. No voting took place in the precinct or precincts on the erasures or alteration which may cast doubt as to the
date fixed by law, or even if there was voting, the veracity of the number of votes stated herein and may
election resulted in a failure to elect; affect the result of the election, upon request of the
b. The votes not cast would have affected the result of the presidential, vice-presidential or senatorial candidate
election (Tan v. COMELEC, G.R. Nos. 148575-76, concerned or his party, Congress or the Commission
December 10, 2003); and en banc, as the case may be shall, for the sole
c. The cause of such failure of election should have been purpose of verifying the actual votes as they appear
force majeure, violence, terrorism, fraud or other in the copies if the election returns submitted to it
analogous causes (Sec. 6, B.P. 881). (Section 30 of R.A. 7166 as amended by Section 38
of RA 9369);
4. Pre-proclamation controversy b. Correction of manifest errors in
the certificate of canvass or election return; and
 San Beda College of Law
2010 Centralized Bar Operations

A manifest error is one that is visible to the eye or nullity (Raymond P. Espidol v. COMELEC, et. al., G.R.
obvious to the understanding; that which is open, No. 164922, October 11, 2005).
palpable, incontrovertible, needing no evidence to
make it more clear. (O’Hara v. COMELEC, G.R. Nos. Procedure on Pre-Proclamation Controversies
148941-42, March 12, 2002)
c. Matters relating to the Who may raise:
composition or proceedings of the board of Any candidate or any registered political party,
canvassers. organization, or coalition of political parties (Sec. 1,
COMELEC Resolution 8804).
Issues which may be raised
In Sec. 1, Rule 3, COMELEC Resolution No. 8804 (March Before whom may be raised:
22, 2010), a pre-proclamation controversy covers only two Before the BOC, or directly with the Commission (Sec. 2,
issues: COMELEC Resolution 8804).
1. Illegal composition of the Board of Canvassers
(BOC); and How initiated:
It exists when, among other similar circumstances, By filing a verified petition before the Board or directly with
any of the members do not possess legal the Commission. If filed directly with the Board, the
qualifications and appointments. The information petition is appealable to the Commission within three (3)
technology capable person required to assist the days from issuance thereof (Sec. 2, COMELEC
BOC by Republic Act No. 9369 shall be included as Resolution 8804)
among those whose lack of qualifications may be
questioned (Sec. 1, Rule 4). When to File:
2. Illegal proceedings of the BOC. Immediately when the BOC begins to act as such is
It exists when the canvassing is a sham or mere objected to, if it comes after the canvassing of the Board,
ceremony, the results of which are pre-determined or immediately when the proceedings become illegal
and manipulated as when any of the following (Sec. 4. COMELEC Resolution 8804).
circumstances are present:
a. Precipitate canvassing; For petition filed before the BOC (Sec. 4(a), COMELEC
b. Terrorism; Resolution 8804):
c. Lack of sufficient notice to the members of the 1. Upon receipt thereof, BOC shall immediately announce
BOC's; or the fact of the filing and the ground/s raised therein.
d. Improper venue (Sec. 2, Rule 4) 2. BOC shall immediately deliberate and within twenty-four
(24) hours, make a prompt resolution in writing.
The basis of the canvass shall be the electronically 3. Decision in favor of petition- BOC shall immediately
transmitted results (Sec. 21 of R.A. 8436 as amended by inform the Commission. Thereafter, the Commission
Section 20, R.A. 9369). shall make the appropriate action thereon.

COMELEC Jurisdiction Filing of petition shall in no case suspend the receipt by

The COMELEC has exclusive jurisdiction over pre- the BOC of the electronically transmitted precinct,
proclamation controversies arising from national, regional municipal, city, or provincial results.
or local elections (Sec. 2, COMELEC Resolution 8804).
Petitioner may appeal an adverse resolution by the BOC
Notes: to the COMELEC (Sec. 4 (a), COMELEC Resolution No.
COMELEC is with authority to annul any canvass and 8804)
proclamation illegally made. The fact that a candidate a. Notice of Appeal shall not suspend the formal
illegally proclaimed has assumed office is not a bar to the proclamation of the official results of the election, until
exercise of such power. It is also true that as a general the final resolution of the appeal
rule, the proper remedy after the proclamation of the b. Within 48 hours from such notice, the petitioner shall
winning candidate for the position contested would be to submit before the Board a Memorandum on Appeal
file a regular election protest or quo warranto. This rule, stating the reasons thereof.
however, admits of exceptions and one of those is where c. The Board shall then forward the entire records of the
the proclamation was null and void. In such a case, i.e., petition at the expense of the petitioner.
where the proclamation is null and void, the proclaimed d. The petition shall be docketed by the Clerk of
candidate's assumption of office cannot deprive the Commission and submitted to the COMELEC en banc
COMELEC of the power to declare such proclamation a for consideration and decision.

31
e. Within 5 days therefrom the COMELEC en banc shall 3. Representative — House of Representative Electoral
render its decision on the appeal. Tribunal (HRET)
4. Regional/ Provincial/ City — COMELEC
If filed directly with the Commission (Sec. 4(b), 5. Municipal — Regional Trial Court (RTC)
COMELEC Resolution 8804) 6. Barangay/SK — Municipal Trial Court (MTC)
1. Upon receipt of the petition, the Clerk of the 7. Sanggunian Kabataan — Department of Interior and
Commission shall docket the same, and send summons Local Governement (DILG) (Alunan III v. Mirasol, G.R.
to the BOC concerned to answer within 48 hours. No. 108399, July 31, 1997).
2. The COMELEC en banc shall resolve the petition within
5 days from the filing of the answer, or upon the In the absence of any express provision in the governing
expiration of the period to file the same. law, it is the RTC, which has jurisdiction over
controversies involving election members of the SK
Illegal proceedings discovered after proclamation (Mercado v. Board of Election Supervisors, G.R. No.
A verified petition to annul the proclamation may be filed 109713, April 6, 1995).
before COMELEC within ten (10) days after the day of
proclamation (Sec. 6, COMELEC Resolution 8804). Appellate jurisdiction
1. For decisions of Regional Trial Court and Municipal
ACTION FOR ANNULMENT OF ELECTION RESULTS Trial Court (Sec. 2(2), Art. IX-C, Constitution)
In an action for annulment of election results or a. Appeal exclusively to COMELEC
declaration of failure of elections, the COMELEC may b. COMELEC decision shall be final and executory.
conduct technical examination of election documents and
compare and analyze voter’s signatures and fingerprints Exception: When decision is marred by grave abuse
in order to determine whether or not the elections had of discretion, may file with the Supreme Court by way
indeed been free, honest and clean (Abaya v. COMELEC, of special civil action for certiorari (Galido v.
G.R. No. 145007-08, January 28, 2003). COMELEC, G.R. No. 95346, January 18, 1991;
Alvarez v. COMELEC, GR No. 142527, March 1,
2001).
E LECTION C ONTESTS
Note:
Under the second paragraph of Section 2 of Article
Any matter adversary proceeding by which matters IX-C of the Constitution, the COMELEC has exclusive
involving title or claim of title to an elective office, made appellate jurisdiction over contest involving elective
before or after the proclamation of the winner, is settled barangay officials decided by trial courts of limited
whether or not contestant is claiming office in dispute jurisdiction (Beso v. Aballe. G.R. No. 134932.
(Javier v. COMELEC, G.R. Nos. L-68379-81, September February 18, 2000).
22, 1986).
2. For decisions of COMELEC
In the case, however, of election of barangay officials, the Petition for review on Certiorari with Supreme Court
term is restricted to proceedings after the proclamation of within 30 days from receipt of decision on the ground
the winner as no pre-proclamation controversies are of grave abuse of discretion amounting to lack or
allowed (Taule v. Santos, G.R. No. 90336, August 12, excess of jurisdiction or violation of due process
1991, 200 SCRA 512, see RA No. 6679, Section 9). (Sec. 7. Art. IX-A. Constitution).

Nature: It is a summary proceeding of a political character 3. For decisions of Electoral Tribunal

(Gardiner v. Romulo, G.R. No. L-8921, January 9, 1914). Petition for review on certiorari with Supreme Court
on the ground of grave abuse of discretion
Purpose: To ascertain the candidate is lawful choice of the amounting to lack or excess of jurisdiction or
electorate elected to office (De Castro v. Ginete, et al. violation of due process (Robles v. HRET, G.R. No.
G.R. No. L-30058 March 28, 1969). 86647, February 5, 1990).

Jurisdiction over election contests: Summary of Rules on Jurisdiction

(Original and exclusive) Parties Proceedings Jurisdiction
1. President and Vice-President — Supreme Court en Election Metropolitan
banc Protest / Quo Trial Courts,
2. Senator — Senate Electoral Tribunal (SET) Elective Warranto Municipal Trial
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2010 Centralized Bar Operations

Courts in c. Irregularities; or
Cities, MTC, d. Illegal acts committed before, during, or after the
MCTC casting and counting of votes
Appeal/ 3. Time to file: within 10 days from proclamation of
Certiorari / COMELEC results of election.
Barangay a. It is suspended during the pendency of a pre-
Mandamus/
Officials proclamation controversy.
Prohibition
Certiorari b. It should be decided within 15 days from filing in
(from case of barangay officials.
SC
COMELEC
decisions) B. Quo warranto (Sec. 253, Art. XXI, B.P. 881)
Election 1. Filed by any registered voter in the constituency.
RTC 2. Grounds:
Protest / Quo
Warranto a. Ineligibility
Appeal/ b. Disloyalty to the Republic
Certiorari / 3. Time to file: within 10 days after proclamation of
Elective COMELEC results of election.
Mandamus/
Municipal
Prohibition
Officials Election Protest and Quo Warranto, distinguished
Certiorari
(from
SC Election Protest Quo Warranto
COMELEC
decisions)
Election Strictly a contest Refers to
Elective COMELEC between the questions of
Protest / Quo
Regional, defeated and disloyalty or
Warranto
Provincial, City winning ineligibility of the
Officials Certiorari SC candidates, winning
Election based on candidate. It is a
HRET grounds of proceeding to
Protest / Quo
Members of the Issue election frauds unseat the
Warranto
House of or irregularities, ineligible person
Certiorari
Representatives as to who from office, but
(from HRET SC
decisions) actually obtained not to install the
Election the majority of protestant in his
SET the legal votes place.
Protest / Quo
Members of the Warranto and therefore is
Senate Certiorari entitled to hold
(from SET SC the office.
decisions) Can only be filed Can be filed by
SC by a candidate any voter. It is for
Election Who may file who has duly this reason that it
(Presidential
President and Contests/ Quo filed a certificate is not considered
Electoral
Vice-President Warranto of candidacy and a contest where
Tribunal)
has been voted the parties strive
for. for supremacy.
KINDS OF CONTEST A protestee may While the
A. Election protest (Sec. 2, Rule 6, COMELEC be ousted and respondent may
Resolution No. 8804, March 22, 2010) Effect on the the protestant be unseated, the
1. May be filed by any candidate who has filed a protestee seated in the petitioner will not
certificate of candidacy and has been voted upon office vacated. be seated.
for the same office (Luison v.
2. Grounds: Garcia, G.R. No.
a. Fraud; 10981, April 25,
b. Terrorism; 1958)

33
 PROCEDURE OF ELECTION PROTESTS
Jurisdiction of the Commission on Elections
The COMELEC, through any of its Divisions, shall have Filing of election protest/petition for quo
warranto with COMELEC within 10 days
exclusive original jurisdiction over all election protests from proclamation
involving elective regional (the autonomous regions),
provincial, and city officials (Sec. 1, Rule 6, COMELEC
Res. 8804, March 22, 2010).
Director of the Election Contest and
Adjudication Department (ECAD) shall
A petition for certiorari questioning an interlocutory order immediately docket the Protest and raffle the
of a trial court in an electoral protest is within the appellate case
jurisdiction of the COMELEC (Ceriaco Bulilis v. Victorino
Nuez, Hon. Pres. Judge, 6th MCTC, Ubay, Bohol, et
al., G.R. No. 195953, August 9, 2011). Within 3 days from the filing, corresponding
summons shall be issued to the protestee or
Procedure on election protests respondent

Who may file petition

Filing of answer within 5 days from notice
By any candidate who was voted for in the same office
and who received the second or third highest number of
votes or, in a multi-slot position, was among the next four
Commission may order the production and
candidates following the last ranked winner duly custody of ballot boxes, election documents,
proclaimed (Sec. 2, Rule 6, COMELEC Resolution No. data storage devices, and machines used in
8804, as amended by COMELEC Resolution No. 9164). the elections

Note:
Protestant - party filing the protest; Preliminary conference - within 3 days after
Protestee - the adverse party the filing of the last responsive pleading, or
expiration of the same period without any
responsive pleading having been filed
How initiated
An election protest or petition for quo warranto shall be
filed directly with the Commission within a non-extendible Recount of ballots/re-tabulation of election
period of 10 days following the date of proclamation (Sec. documents
3, Rule 6, COMELEC Resolution 8804, as amended by
COMELEC Resolution No. 9164).
Technical examination
Each contest shall refer exclusively to one office but
contents for offices of the Sangguniang Pampook,
Sangguniang Panlalawigan or Sangguniang Panglungsod Hearing
may be consolidated in one case (Sec. 3, Rule 6,
COMELEC Resolution 8804, as amended by COMELEC
Resolution No. 9164). Presentation and reception of evidence

Pendency of pre-proclamation controversy involving the

validity of the proclamation suspends the running of the The Commission shall decide the election
contest within 30 days from the date it is
period to file an election protest (Sec. 5, Rule 6,
submitted for decision
COMELEC Resolution 8804, as amended by COMELEC
Resolution No. 9164).

The Director of the Election Contest and Adjudication Contents of election protest (Sec. 7, Rule 6, COMELEC
Department (ECAD) shall immediately docket the Protest Resolution 8804)
and raffle the case to either the First or Second Division of 1. Position involved
the Commission (Sec. 8, Rule 6, COMELEC Resolution 2. That the protestant was a candidate who has duly
8804, as amended by COMELEC Resolution No. 9164). filed a certificate of candidacy and has been voted
for the same office
3. Date of proclamation
 San Beda College of Law
2010 Centralized Bar Operations

4. Number of votes credited to the parties per Preliminary conference

proclamation Within 3 days after the filing of the last responsive
5. Total number of precincts of the region, province or pleading, or expiration of the same period without any
city concerned responsive pleading having been filed, the Commission
6. Protested precincts and votes of the parties in the shall conduct a mandatory preliminary conference among
protested precincts per the Statement of Votes By the parties (Sec. 1, Rule 13, COMELEC Resolution 8804).
Precinct or, if the votes of the parties are not
specified an explanation why the votes are not Matters considered in mandatory preliminary conference
specified (Sec. 1, Rule 13, COMELEC Resolution 8804.):
7. Detailed specification of the acts or omissions 1. Simplification of issues;
complained of showing the electoral frauds, 2. Necessity or desirability of amendments to the
anomalies or irregularities in the protested precincts pleadings;
3. Possibility of obtaining stipulations or admission of facts
Summary dismissal of election contest and of documents to avoid unnecessary proof;
4. Limitation of the number of witnesses;
Grounds for summary dismissal (Sec. 9, Rule 6, 5. Nature of the testimonies of the witnesses and whether
COMELEC Resolution 8804): they relate to evidence aliunde, the ballots or otherwise;
1. Commission has no jurisdiction over the subject 6. Withdrawal of certain protested or counter-protested
matter; precincts (especially those where the ballot boxes or
2. Protest is insufficient in form and content; ballots are unavailable or are missing and cannot be
3. Petition is filed beyond the period prescribed in these located or destroyed due to natural disasters or
rules; calamities);
4. Filing fee is not paid within the period for the filing 7. Number of recount committees to be constituted;
(also includes failure to pay APPEAL FEE 8. Procedure to be followed in case the election protest or
(Divinagracia v. COMELEC, G.R. Nos. 186007 & counter-protest seeks, wholly or partially, the
186016, July 27, 2009); and examination, verification or re-tabulation of election
5. In case of protest where a cash deposit is required, returns; and
the cash deposit is not paid within fifteen (15) days 9. Such other matters as may aid in the prompt disposition
from the filing of the protest. of the case.

Summons (Sec. 1, Rule 7, COMELEC Resolution 8804) Subpoena ad testificandum or subpoena duces tecum
may be issued by the Division motu proprio, or upon
By whom served request of the parties in any case (Sec. 1, Rule 14,
1. By bailiff of the Commission or Division or upon COMELEC Resolution 8804).
request of the Commissioner or Division
2. By the Sheriff of any Court in the place where the Recount of Ballots
parties to be served reside or for special reasons The recount of ballots shall commence on the date
3. By a person especially authorized by the Commission specified in the preliminary conference order, unless
or Division rescheduled by Order of the Division (Sec. 1, Rule 15,
COMELEC Resolution 8804).
Within 3 days from the filing, corresponding summons to
the protestee or respondent shall be issued together with a. Continuous Recount — Once commenced, the
a copy of the protest, requiring the filing of an answer recount shall continue from day to day as far as
within a non-extendible period of 5 days from notice. practicable until terminated (Sec. 4, Rule 15,
(Answer may include counter-protest; answer to counter- COMELEC Resolution 8804).
protest shall be made within a non-extendible period of b. Prohibited Access — During the recount, no person
five days from notice.) other than the Commission, the clerk of the
Commission, the Recount Coordinators and the
Whenever the allegations in a protest or counter-protest members of the recount committees, the parties and
so warrant and when it finds the same necessary, the their duly authorized representatives, shall have
Commission may order the production and custody of access to the recount area (Sec. 5, Rule 15,
ballot boxes, election documents, data storage devices, COMELEC Resolution 8804).
and machines used in the elections. c. Conduct of the Recount — shall be done manually
and visually.

35
d. The committee shall prepare and submit to the c. The ballot is properly accomplished;
Commission a recount report per precinct d. A voter personality prepared one ballot, except in
Presentation and reception of evidence the case of assistors; and
The reception of evidence on all matters or issues raised e. The exercise of one's right to vote was voluntary
in the protest and counter-protests shall be presented and and free.
offered in a hearing upon completion of (a) the recount of
ballots, or re-tabulation of election documents, or (b) the Decisions
technical examination, if warranted (Section 1, Rule 18. The Commission shall decide the election contest within
COMELEC Resolution 8804). 30 days from the date it is submitted for decision (Section
1, Rule 19. COMELEC Resolution 8804).
Order of hearing
1. Protestant shall present evidence in support of the General rule on the proper remedy after the proclamation
protest of the winning candidate for the position contested:
2. Protestee shall then adduce evidence in support of the File a regular election protest or a petition for quo
defense, counterclaim or counter-protest, if any warranto. The filing of an election protest or quo warranto
3. Parties may respectively offer rebutting evidence only PRECLUDES the subsequent filing of a pre-proclamation
unless the Commission for good reasons, in the controversy or amounts to an abandonment of one earlier
furtherance of justice, permits them to offer evidence filed, thus depriving the COMELEC of the authority to
upon their original case inquire into and pass upon the title of the protestee or the
validity of his proclamation (Villamor v. COMELEC, G.R.
4. No surrebuttal shall be allowed (Section 1, Rule 18. No. 169865, July 21, 2006).
COMELEC Resolution 8804).
Reason for the general rule: To prevent confusion and
Disputable presumptions conflict of authority (Villamor v. COMELEC, G.R. No.
(Section 6, Rule 18. COMELEC Resolution 8804) 169865, July 21, 2006).

1. On the election procedure: Exceptions:

a. The election of candidates was held on the date 1. The Board of Canvassers was improperly constituted;
and time set and in the polling place determined by 2. Quo warranto is not the proper remedy;
the Commission on Elections; 3. What was filed was not really a petition for quo
b. The Boards of Election Inspectors were duly warranto or an election protest but a petition to annul a
constituted and organized; proclamation;
c. Political parties and candidates were duly 4. The filing of an election contest was expressly made
represented by poll watchers; without prejudice to the pre-proclamation controversy,
d. Poll watchers were able to perform their function; or was made ad cautelam; or
and 5. The proclamation was null and void (Dumayas, Jr. v.
e. The Minutes of Voting and Counting contains all COMELEC, G.R. No. 141952-53, April 20, 2001).
the incidents that transpired before the Board of
Election Inspectors. There is no law or rule prohibiting the simultaneous
prosecution or adjudication of pre-proclamation
2. On election paraphernalia controversies and election protests since it involves
a. Ballots and election returns that bear the security elective officials, and are of different issues. (Tan v.
marketing's and features prescribed by the COMELEC, G.R. Nos. 166143-47, November 20, 2006)
Commission on Election are genuine;
b. The data and information supplied by the members Effect of death of protestant
of the Boards of Election Inspectors in the The death of the protestant does not necessarily
accountable forms are true and correct; and extinguish an election protest (De Castro v. COMELEC,
c. The allocation, packing and distribution of election G.R. No. 125249, February 7, 1997).
documents or paraphernalia were properly and
timely done. An election protest is imbued with public interest which
raises it onto a plane over and above ordinary civil
3. On the appreciation of ballots actions, because it involves not only the adjudication of
a. A ballot with appropriate security markings is valid; the private interest of the rival candidates but also the
b. The ballot reflects the intent of the voter; paramount need of dispelling once and for all the
uncertainty that beclouds the real choice of the electorate
 San Beda College of Law
2010 Centralized Bar Operations

with respect to who shall discharge the prerogatives of the a motion for execution pending appeal during such period
office within their gift (Id.). (Zacate v. COMELEC, G.R. No. 144678, March 1, 2001).

The widow of the protestant has no status of real party in E LECTION O FFENSES
interest to substitute/intervene for the latter who died
during the pendency of the election protest (Poe v.
Arroyo, P.E.T. Case No. 002, March 29, 2005).
Some prohibited acts under Section 261, Art. XII of B.P.
Assumption of office by the protestant constitutes an 881:
abandonment or withdrawal of protest or at the very least, 1. Vote-buying and vote-selling
abandonment of the determination to protect and pursue a. By giving, offering or promising money or anything
the public interest involved in the matter of who is the real of value (including employment)
choice of the electorate (Defensor-Santiago v. Ramos, b. By soliciting or receiving any expenditure or
P.E.T Case No. 003, January 18, 2008, reiterated in promise of any office or employment, public or
Legarda v. De Castro, P.E.T. Case No. 001, February 13, private
1996). c. Distribution of cigarettes to people who attend a
political meeting is prohibited (People v. Ferrer,
Distinctions between quo warranto in elective and G.R. No. L-8957, April 29, 1957).
appointive office
a. In an elective office, the issue is eligibility; the court or 2. Conspiracy to bribe voters
tribunal cannot declare the protestant or the candidate Two or more persons, whether candidates or not,
who obtained the second highest number of votes as who come to an agreement concerning the
having been elected. commission of vote-buying and vote-selling and
b. In an appointive office, the issue is the legality of the decide to commit it
appointment; the court or tribunal determines who of the
parties has legal title to the office. 3. Wagering upon the result of the election
Any money or thing of value put up as a bet or wager
Execution pending appeal (Santos v. COMELEC, G.R. shall be forfeited to the Government. (Sec. 261 (c),
No. 155618, March 26, 2003) Art. XXII, B.P. 881)
The trial court may grant a motion for execution pending
appeal, because the mere filing of an appeal does not 4. Coercion (Sec. 261 (d), Art. XXII, B.P. 881)
divest the trial court of its jurisdiction over a case and to a. Committed by whom — Any public officer, officer of
resolve pending incidents. corporations or any head, superior or administrator
of any religious organization or any employee or
The following are valid and special reasons to grant the land owner
same: b. Committed against whom — Subordinates,
1. The public interest is involved or the will of the members, parishioners employees, house helpers,
electorate; tenants, overseers, farm helpers, tiller or lease
2. The shortness of the remaining portion of the term; or holders
3. The length of time that the election contest has been c. How committed
pending. i. By coercion, intimidation or compulsion
ii. By dismissal or threat to dismiss or to reduce
However, the rule must be strictly construed against the salary, wage or compensation or by demotion,
movant, and only when the reason is of such urgency will transfer, suspension, separation,
such execution pending appeal be allowed, as it is an excommunication or ejectment
exception to the general rule (Camlian vs. COMELEC,
G.R. No. 124169, April 18, 1997). 5. Appointment of new employees (Sec. 261 (g), Art.
XXII, B.P. 881)
It must be filed before the expiration of the period for a. When committed — During the period of 45 days
appeal (Relampagos v. Cumba, G.R. No. 118861, April before a regular election and 30 days before
27, 1995). special election
b. Exceptions:
The parties had five days to appeal from service of i. In case of urgent need, with notice given to
judgment within which to appeal. Accordingly, he may file the COMELEC within three (3) days from the

37
 appointment, creation of new positions, appropriation, or pass in audit, payments expenditures of
promotion, or granting salary increases public funds that may be directly used in violation of the
ii. If position to be filled is essential to the foregoing prohibitions.
proper functioning of the office, as long as
it is authorized by COMELEC and that the 8. Intervention of public officers and employees
position to be filled shall not in a manner (Sec. 261 (i), Art. XXII, B.P. 881)
that may influence the election a. By directly or indirectly intervening in any election
c. In the case of Ong v. Herrera Martinez (G.R. No. campaign OR
87743, August 21, 1990), the court clarified that b. By engaging in any partisan political activity,
Section 261 (g) applies only to those except to vote or to preserve public order, if he is
appointments covered by the Civil Service Law, a peace officer
and not to the filling up of vacancies in the local
governments units. 9. Undue influence
d. Any appointment or hiring in violation of this Done through promising, making/ offering to make
provision shall be null and void expenditures, causing expenditure; soliciting or
receiving expenditure, promise or office
6. Promoting or giving (by any government
official) any increase of salary or remuneration or 10. Unlawful electioneering (Sec. 261 (k), Art.
privilege to any government official or employee XXII, B.P. 881)
a. When committed — On the day of registration
COMELEC Resolution No. 8737, December 29, 2009 and election
– The Department of Budget and Management (DBM) b. How committed — By soliciting votes or
and the Commission on Audit (COA), including all undertaking any propaganda before the BEI (on
their filed offices, shall not release or authorize the registration day) and within the polling place and
release of any appropriation, or pass in audit, with a radius of thirty (30) meters thereof (on
payments expenditures of public funds that may be election day)
directly used in violation of the foregoing prohibitions.
11. Harassment and dismissal of employees,
7. Transfer or detail of government official/ laborers and tenants
employee without COMELEC approval (Sec. 261 (h),
Art. XXII, B.P. 881) 12. Appointments or use of special policemen,
special agents, confidential agents (Sec. 261 (m), Art.
Note: To prove violation, two elements must concur: XXII, B.P. 881)
a. The fact of transfer or detail within the election a. When committed — during campaign period and
period as fixed by the COMELEC; and on the day before and on election day
b. The transfer or detail was made without prior
approval of the COMELEC in accordance with its 13. Illegal release of prisoners before and after
implementing rules and regulations (People v. election
Reyes, G.R. No. 115022, August 14, 1995). a. Committed by — Director of the Bureau of
Prisons, provincial warden or keeper of the jail
The transfer or detail of government officer of employee b. How committed — By illegally ordering or
will not be penalized if done to promote efficiency in the allowing any prisoner detained in the national
government service (People v. Reyes, G.R. No. 115022, penitentiary or the provincial, city or municipal jail
August 14, 1995). to leave the premises thereof sixty (60) days
before and thirty (30) days after the election
The phrase “any transfer or detail whatever” indicates that
any movement of personnel from one station to another, 14. Use of public funds, equipment and facilities
whether or not in the same office or agency during the for election campaign
election is covered by the provision ( Regalado v. Court of
Appeals, G.R. No. 115962, February 15, 2000). 15. Carrying of deadly weapon within a radius of 100
meters from precinct (Sec. 261 (q), Art. XXII, B.P.
COMELEC Resolution No. 8737, December 29, 2009 – 881)
The Department of Budget and Management (DBM) and a. When committed — During registration day,
the Commission on Audit (COA), including all their field election day, counting of votes and preparation of
offices, shall not release or authorize the release of any election returns
 San Beda College of Law
2010 Centralized Bar Operations

b. Exception — Any peace officer authorized a. When committed — Forty-five (45) days before a
by the Commission to supervise the election is regular election or 30 days before a special
entitled to carry firearms or any other weapon for election
the purpose of preserving order and enforcing b. Any and kinds of public works, except the
the law following:
i. Maintenance of existing and/or completed
Note: It is not necessary that the deadly weapon be public works project
seized from the accused while he was in the precinct ii. Work undertaken by contract through public
or within a radius of 100 meters therefrom; it is bidding held. Or by negotiated contract
enough that the accused carried a deadly weapon awarded, before the 45 day period before
within the prohibited radius during any of the days and election
hours specified in the law (Mappala v. Judge Nunez, iii. Emergency work necessitated by the
A.M. No. RTJ-94-1208, January 26, 1995). occurrence of public calamity

16. Carrying of firearms outside residence or place of 20. Construction of public works, delivery of materials for
business (Sec. 261 (q), Art. XXII, B.P. 881) public works and issuance of treasury warrants and
a. Those who have Permit to Carry are included in similar devices
the prohibition a. When committed — Forty-five (45) days before a
b. Must be authorized in writing by the Commission regular election or 30 days before a special
c. Motor vehicle, water or air craft are not election (Sec. 261 (w), Article XXII, B.P. 881)
considered residence, place of business or
extension hereof 21. Suspension of elective provincial, city, municipal or
d. Shall not apply to cashiers and disbursing barangay officer (Sec. 261 (x), Art. XXII, B.P. 881)
officers while in the performance of their duties a. The provisions of the law to the contrary
notwithstanding during the election period, any
17. Use of armored land, water or air craft (Sec. 261 (r), public official who suspends without prior
Art. XXII, B.P. 881) approval of the commission, any elective
a. When committed — During campaign period and provincial, city, municipal or barangay officer
on the day before and on election day itself b. Exception: if said suspension will be for purposes
of applying the Anti-Graft and Corrupt Practices
Note: Banking or financial institutions and all business Act in relation to the suspension and removal of
firms may use not more than two (2) armored elective officials, in which case the provisions of
vehicles strictly for, and limited to, the purpose of this section shall be inapplicable
transporting cash, gold, bullion or other valuables in 22. On registration of voters
connection with their business from and to their place 23. On voting
of business with authority from the COMELEC 24. On canvassing
25. Prohibitions relating to Candidacy and Campaign
18. Wearing of uniforms and bearing arms (Sec. 261 (s), 26. Other Prohibitions (Sec. 261 (dd), Art. XXII, B.P. 881)
Art. XXII, B.P. 881) a. Liquor Ban
a. When committed — During campaign period and b. Sale and Display of Merchandise
on the day before and on election day itself c. Fairs, Cockfights, Sports
b. Prohibition shall not apply on the following: d. Refusal to carry Election mail
i. When said member is in pursuit of a person e. Discrimination in the Sale of Airtime
who has committed or is committing a crime in 27. Other Election Offenses under OEC (see
the premises he is guarding enumeration under Sec. 262, Art. XXII of B.P. 881)
ii. When escorting or providing security for the Examples:
transport of payrolls, deposits or other a. Election campaign or partisan political activity
valuables outside campaign period (Sec. 80, B.P. 881)
iii. When guarding the residence of private b. Intervention of foreigners in any manner in the
persons, private residences, building or offices elections (Sec. 81, B.P. 881)
c. Removal, destruction or defacement of lawful
19. Release, disbursement or expenditure of public funds election propaganda (Sec. 84, B.P. 881)
(Sec. 261 (v), Article XXII, B.P. 881)

39
Persons criminally liable (Sec. 263, Omnibus Election ii. shall adversely affect the results of the election to the
Code) said national office to the extent that losing
1. Principals, accomplices and accessories as defined in candidate/s is/are made to appear the winner/s;
the Revised Penal Code
2. If the one responsible be a political party or an entity, Note: This deals with the election of national elective
its president or head, the officials and employees of officials such as the President, Vice President, Senators
the same, performing duties connected with the and Party List Representatives.
offense committed and its members who may be
principals, accomplices or accessories shall be liable, b. Regardless of the elective office involved, when the
in addition to the liability of such party or entity. tampering, increase and/or decrease of votes
3. Director of Prisons, Provincial Warden or Keeper of committed or the refusal to credit the correct votes or to
the jail in case of prisoner or prisoners illegally deduct tampered votes perpetrated:
released from any penitentiary or jail during the i. is accomplished in a single election document , OR
prohibited period. ii. in the transposition of the figure/results from one
election document to another
Penalties (Sec. 264, Omnibus Election Code) iii.in both cases above, the votes involved exceed five
1. Imprisonment of not less than 1 year but not more than thousand (5,000) votes, and that the same adversely
6 years and shall not be subject to probation affects the true results of the election;
2. Disqualification to hold public office and deprivation of
the right of suffrage c. Any and all other forms or tampering increase/s and/or
3. If the person criminally liable is a foreigner, he shall be decrease/s of votes perpetuated or in cases of refusal
sentenced to deportation which shall be enforced after to credit the correct votes or deduct the tampered votes,
the prison term has been served where the total votes involved exceed ten thousand
4. Any political party found guilty shall be sentenced to pay (10,000) votes
a fine of not less than ten thousand pesos
Committed by: any person, any member of the BEI or
Good faith is not a defense in election offenses. any member of the BOC
Election offenses are generally mala prohibita. Proof of
criminal intent is not necessary. Good faith, ignorance or Any and all either persons or individuals determined to
lack of malice is not a defense (Baytan, et al. v. be conspiracy or in connivance with the members of the
COMELEC, G.R. No. 153945, February 4, 2003). BEIs or BOCs involved, shall be meted the same
penalty of life imprisonment.
Election offenses in special laws
1. Electoral Reforms Law of 1987 Jurisdiction over election offenses
2. Voter’s Registration Act of 1996 1. COMELEC has exclusive jurisdiction to investigate and
3. RA 9189, Overseas Absentee Voting Act prosecute cases involving violations of election laws
4. RA 9006, Fair Elections Act (Sec. 2 (6), Art IX-C, 1987 Constitution);
5. RA 9369, Law on Automated Elections a. But COMELEC may delegate the power to the
Provincial Prosecutor (People v. Judge Basilia, G.R.
Electoral sabotage (Sec. 42, RA 9369) Nos. 83938-40, November 6, 1989).
When the tampering, increase or decrease of votes or the b. It is not the duty of the COMELEC, as investigator
refusal to credit the correct votes and /or to deduct and prosecutor to gather proof in support o a
tampered to deduct tampered votes are perpetrated on complaint filed before it (Kilosbayan v. COMELEC,
large scale or in substantial numbers, the penalty to be G.R. No. 128054, October 16, 1997).
imposed shall be LIFE IMPRISONMENT. c. The Ombudsman or Prosecutor may only prosecute
election offenses if deputized by the COMELEC (Sec.
Three ways to commit electoral sabotage under Section 265, Art. XXII, B.P. 881).
42 of Republic Act 9369
a. When the tampering, increase and/or decrease of votes 2. The Regional Trial Court has exclusive original
perpetrated or the refusal to credit the correct votes or jurisdiction to try and decide any criminal actions or
to deduct tampered votes: proceedings for violation of election laws (Section 268,
i. is/are committed in the election of a national elective Article XXII, B.P. 881).
office which is voted upon nationwide, and
3. The Metropolitan or Municipal Trial Court, by way of
exception, exercises jurisdiction only over offenses
 San Beda College of Law
2010 Centralized Bar Operations

relating to failure to register or to vote (Section 268,

Article XXII, B.P. 881).

Prosecution of election offenses

The Commission shall, through its duly authorized legal
officers, have the power, concurrent with the other
prosecuting arms of the government, to conduct
preliminary investigation of all election offenses
punishable under this Code, and prosecute the same
(Sec. 43, R.A. 9369).

Sec. 43, R.A. 9369 does not violate Sec. 2(6), Art. IX-C of
Constitution. The grant of “exclusive power” to investigate
and prosecute election offenses to COMELEC was not by
virtue of the Constitution but by OEC, a legislative
enactment. Thus, Sec. 43, which grants COMELEC the
power, concurrent with other prosecuting arms of the
government, to conduct preliminary investigation of all
election offenses and prosecute the same is a valid
amendment of Sec. 265 of OEC, pursuant to plenary
power of legislature to amend or repeal laws (Barangay
Association for National Dev’t and Transparency (BANAT)
Party-List v. COMELEC, G.R. No. 177508 August 7,
2009). 

Preferential disposition of election offenses: (Sec. 268,

OEC)
1. Investigation and prosecution of election offenses shall
be given priority by the COMELEC. The investigating
officer shall resolve the case within five (5) days from
submission.
2.The courts shall likewise give preference to election
offenses over all other cases, except petitions for writ of
habeas corpus. Cases shall be decided within thirty (30)
days from submission.

Prescriptive period for election offenses

Five (5) years from the date of commission (Sec. 267 of
the Omnibus Election Code (B.P. 881).

Note: If the discovery of the offense is made in an election

contest proceedings, the period of prescription shall
commence on the date on which the judgment in such
proceedings becomes final and executory (Sec. 267,
OEC).

Prescription of election offenses is interrupted when

proceedings are instituted against the offender.
Specifically, the period of prescription is interrupted by the
filing of complaint even if it be merely for purposes of
preliminary examination or investigation (Baytan, et al. v.
COMELEC, G.R. No. 153945, February 4, 2003).

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