POSTPONEMENT OF ELECTIONS Procedure for failure of election:

Grounds: Commission EN BANC

 upon verified petition by an interested party
For any serious cause such as:  and upon due notice and hearing
1. Violence  call for the holding or continuation of the election not
2. Terrorism held, suspended or which resulted in a failure to elect on a
3. Loss or destruction of election paraphernalia or records date:
4. Force majeure 1. reasonably close to the date of the
5. Other analogous causes that the holding of a free, orderly election not held, suspended or which
and honest election should become impossible in any resulted in a failure to elect
political subdivision 2. BUT not later than 30 days after the
cessation of the cause thereof.
Where and what to file?
Jurisdiction:
Commission EN BANC
 moto proprio, or Any declaration of postponement, failure of election and calling for a
 upon verified petition by an interested party special election shall be decided by the Commission EN BANC by a
 and upon due notice and hearing majority vote of its members.
 whereby all interested parties are afforded equal
opportunity to be heard No law provides for a reglementary period within which to file a
 shall postpone the election to a date which should be: petition for annulment of elections if there is no proclamation yet.
1. reasonably close to the date of the
election not held, suspended or which
resulted in a failure to elect Petition for declaration of failure of election is different from a
2. BUT not later than 30 days after the pre-proclamation controversy
cessation of the cause thereof.
FAILURE OF ELECTIONS PRE-PROCLAMATION

FAILURE OF ELECTIONS COMELEC is dutybound to COMELEC is restricted to

investigate allegations of fraud, examination of the election
 This is an extraordinary remedy. terrorisms, violence and other returns on their face and is
analogous causes in actions for without jurisdiction to go
Three instances: annulment of election results beyond and investigate
or for declaration of failure of election irregularities.
1. The election in any polling place HAS NOT BEEN HELD elections conformably with
ON THE DATE FIXED on account of force majeure, OEC.
violence, fraud, terrorism, and other analogous cases;

2. The election in any polling place HAD BEEN Note:

SUSPENPENDED BEFORE THE HOUR FIXED BY LAW for
the closing of the voting on account of force majeure, For as long as the precincts functioned and conducted actual voting
violence, fraud, terrorism, and other analogous cases; or during election day, low voter turnout would not justify a declaration
of failure of election.
3. AFTER THE VOTING AND DURING THE PREPARATION
AND TRANSMISSION OF ELECTION RETURNS OR IN The mere fact that the transfer of polling place was not made in
CUSTODY OR CANVASS THEREOF, such election results accordance with the law does not warrant a declaration of failure of
in a failure to elect on account of force majeure, violence, election and the annulment of the proclamation of the winning
fraud, terrorism, and other analogous cases. candidate, unless the number of uncast votes will affect the result of
the election.

Two conditions to DECLARE a failure of election:

SPECIAL ELECTION
1. No voting has taken place in the precincts concerned on
the date fixed by law, In fixing the date of special elections in case of postponement or
 or even if there was voting, the election failure of elections, the COMELEC should ascertain that:
nevertheless resulted to a failure to elect; and
1. It should be REASONABLY CLOSE TO THE DATE OF
2. The votes not cast could affect the result of the election. ELECTION not held, suspended, or which resulted in the
failure to elect; and

Two conditions to SUPPORT sufficient cause of action: 2. It should NOT BE LATER THAN 30 DAYS AFTER THE
CESSATION OF THE CAUSE thereof.
1. The illegality must affect more than 50% of the votes cast;
2. The good votes can be distinguished from the bad ones.
PRE-PROCLAMATION CONTROVERSY
Under Automated Election System Law
It refers to any question:
 Pertaining to or affecting the proceedings or  Direct filing of pre-proclamation controversy with
composition of board of canvassers which may be raised COMELEC only involved two grounds:
by any candidate or by any registered political party or 1. Illegal composition, or
coalition of political parties before the board or directly 2. Illegal proceedings of BOC
with the Commission; or
Prima facie status of election returns
 Any matter raised under the following in relation to the
preparation, transmission, receipt, custody, and  Election returns shall be accorded prima facie status as
appreciation of the election returns and certificate of bona fide reports of the results of the count of votes which
canvass: shall prevail for purposes of canvassing and proclamation.
1. When the election return is delayed, Issues that may be raised in pre-proclamation controversy:
lost or destroyed
2. Material defects in the election 1. Illegal composition or proceedings of BOC
return
3. When election return appears to be 2. The canvassed election returns, or the certificates of
tampered or falsified canvass in appropriate cases, are
4. Discrepancies in the election returns  Incomplete
 contain material defects
Nature:  appear to be tampered with or falsified
 contain discrepancies in the same returns or in
- It is summary and administrative in character. other authentic copies thereof

- It is a policy of the law that pre-proclamation be promptly 3. The election returns or certificate of canvass were
decided, so as not to delay canvass and proclamation. prepared under
 duress
- While it does not require a trial type hearing, nevertheless  threats
summary proceedings cannot be stretched to mean as ex-  coercion,
parte proceedings.  intimidation, or
 they are obviously manufactured or not
General rule: authentic

 No pre-proclamation controversy in cases of national 4. When substitute or fraudulent returns or certificates of

positions (President, Vice President, Senators, Members of canvass in controverted polling places were canvassed,
HRep) the results of which materially affected the standing of
aggrieved candidate or candidates
Exception:
5. Correction of manifest errors
1. Correction of manifest errors
 To be manifest, the errors must appear on the Note:
face of the certificates of canvass or election
returns sought to be corrected and/or objections A pre-proclamation controversy is no longer viable after
thereto must have been made before the board proclamation of the winning candidates as the issues raised therein
of canvassers and specifically noted in the may be more closely and examined better resolved in an election
minutes of their respective proceedings protest. However, this is only true where the proclamation is based
on a complete canvass and on the assumption that the proclamation
2. Questions affecting the composition and proceedings is valid.
of the Board of Canvassers
Where a proclamation is null and void, the proclamation is no
3. Determination of authenticity and due execution of proclamation at all the proclaimed candidate’s assumption of office
certificates of canvass cannot deprive the COMELEC of power to declare such nullity and
annul the proclamation.

AUTHORITY OF COMELEC All pre-proclamation cases pending before the Commission shall be:
IN PRE-PROCLAMATION CONTROVERSY
1. Deemed terminated at the beginning of the term of the
1. In appeals from ruling of the BOC which is generally of office involved;
two types:
a. On questions contesting its composition or 2. The rulings of the BOC concerned shall be deemed
proceedings affirmed
b. On questions contesting the election returns.  without prejudice to the filing of a regular election
protest by the aggrieved party.
2. In petitions directly filed with it.
However, the proceedings may continue when on the basis of the
The Commission shall have exclusive jurisdiction of all pre- evidence thus far presented, the Commission determined that the
proclamation controversies. It may moto proprio or upon written petition appears meritorious and accordingly issues an order for the
petition, and after due notice and hearing, order the partial or total proceeding to continue or when an appropriate order has been
suspension of the proclamation of any candidate-elect or annul issued by the SC in a petition for certiorari.
partially or totally any proclamation, if one has been made.
ELECTION PROTEST DISPUTABLE PRESUMPTION

It is a special statutory proceeding designed to contest the right of The following presumptions are considered as facts, unless
a person, declared elected to enter upon and hold office. It is strictly contradicted and overcome by other evidence:
a contest between defeated and winning candidates as to who
actually obtained majority of legal votes and therefore is entitled to On the election procedure –
hold office.
1. The election of candidates was held on the date and time
Who can file? set, and in the polling place determined by the COMELEC.
 It can only be filed by a candidate who has duly filed a
COC and has been voted for. 2. The BEI were duly constituted and organized.

Period to file? 3. Political parties and candidates were duly represented by

 Within 10 days from proclamation. poll watchers.

Grounds: 4. The minutes of voting and counting contains all the

1. Fraud incidents that transpired before the BEI.
2. Vote-buying
3. Terrorism On election paraphernalia –
4. Presence of flying voters
5. Misreading and misappreciation of the ballots 1. Ballots and election returns that bear security markings
6. Disenfranchisement of votes and features prescribed by the COMELEC are genuine.
7. Other election irregularities
2. The date and information supplied by the members of the
Nature: BEI in the accountable forms are true and correct.

 It is adversarial in nature. 3. The allocation, packing and distribution of election

documents or paraphernalia were properly and timely
 It is a formal judicial proceeding that goes into the done.
correctness of the counting and appreciation of ballots,
disenfranchisement of voters, other election irregularities.

Standards in election protest (Rosal vs. Comelec)

1. Ballots cannot be used to overturn the official counts

as reflected in the election returns
- UNLESS it is first shown affirmatively that the
ballots have been preserved with care,
 which precludes the opportunity of
tampering and suspicion of change,
abstraction or substitution.

2. The burden of proving that the integrity of the ballots

has been preserved in such a manner is on the protestant.

3. Where a mode of preserving the ballots is enjoined by

law, proof must be made of such substantial compliance
with the requirements of that mode
- as would provide assurance that the ballots have
been kept inviolate
 notwithstanding slight deviations
from the precise mode of achieving
that end.

4. It is only when the protestant has shown substantial

compliance with the provisions of law on the
preservation of ballots
- that the burden of proving actual tampering or
likelihood thereof shifts to protestee.

5. Only if it appears to the satisfaction of the Court or

COMELEC that the integrity of the ballots has been
preserved should it adopt the result as shown by the
recount and not as reflected in the election returns.
PROCEDURAL MATTERS

 Supreme Court has no power to review on certiorari an

interlocutory order or even a final resolution issued by
COMELEC DIVISION

A party aggrieved by an interlocutory order issued by COMELEC

DIVISION in an election protest may not directly assail the order of
this Court through a special civil action for certiorari. The remedy is
to seek the review of the interlocutory order during the appeal of the
decision of DIVISION in due course.

Although the Court has the power to review any decision, order or
ruling of the COMELEC, it limits such power to a final decision or
resolution of the COMELEC EN BANC, and does not extend to an
interlocutory order issued by a DIVISION. Otherwise stated, the
Court has no power to review on certiorari an interlocutory order or
even a final resolution issued by a DIVISION.

 Exception to the rule when the interlocutory order is a

patent nullity or issued with grave abuse of discretion

In general, the interlocutory order of a COMELEC DIVISION are

not appealable, nor can they be proper subject of a petition for
certiorari.
- It is the decision, order, or ruling of the COMELEC EN
BANC that may be brought to the SC on certiorari.

This does not mean that aggrieved party is without recourse if a

COMELEC DIVISION denies the motion for reconsideration. The
aggrieved party can still assign as error the interlocutory order if in
the course of the proceedings, he decides to appeal the main case to
the COMELEC EN BANC.

The exception (enunciated in Kho and Repol) is

1. when the interlocutory order of COMELEC DIVISION is a

patent nullity because of absence of jurisdiction to issue
the interlocutory order without a time limit (Repol case), or

2. where a COMELEC DIVISION admitted an answer with

counter-protest which was filed beyond the reglementary
period (Kho case).

 COMELEC has jurisdiction to issue certiorari in aid of its

appellate jurisdiction

A petition for certiorari questioning an interlocutory order of a trial

court in an electoral protest was within the appellate jurisdiction of
the COMELEC. Since it is the COMELEC which has jurisdiction to take
cognizance of an appeal from the decision of the RTC in election
contests involving elective municipal officials, then it is also the
COMELEC which has jurisdiction to issue a writ of certiorari in aid of
its appellate jurisdiction.

It is the COMELEC which has jurisdiction over petitioner for certiorari

involving acts of the municipal trial courts in such election contests.

Jurisdiction of HRET

While the Constitution vests in the COMELEC the power to decide all
questions affecting elections, such power does not extend to
contests relating to the election, returns and qualifications of
members of HRep, and Senate. The Constitution vests the resolution
of these contests solely upon the appropriate Electoral Tribunal.

The proclamation of a congressional candidate following the election

divests COMELEC of jurisdiction over disputes relating to the
election, returns, and of qualifications of the proclaimed
representative in favor of HRET.
QUO WARRANTO Meaning of “FINAL ORDERS, RULING AND DECISIONS” of
COMELEC that are reviewable by SC on certiorari
 It refers to questions of disloyalty or ineligibility of the
winning candidate.  These are those rendered in actions or proceedings
 It has the effect of disqualifying a candidate to which he is before the COMELEC and taken cognizance of by said
elected. body in the exercise of its quasi-judicial powers.
 Its primordial objective is to prevent an elective from
assuming office.
CONCURRENT JURISDICTION TO ISSUE WRITS OF CERTIORARI
Nature of proceeding:
COMELEC is vested with the power to issue writs of certiorari,
 It is a proceeding to unseat the ineligible person from prohibition and mandamus ONLY IN AID OF ITS APPELLATE
office, but not to install the protestant in his place. JURISDICTION.

What to file? Both SC and COMELEC has concurrent jurisdiction to issue writs of
 Sworn petition for quo warranto certiorari, prohibition and mandamus over decisions of trial courts of
general jurisdiction (RTC) in election cases of municipal officials.
Who can file?
 Any voter
EVIDENTIARY VALUE OF DIGITAL BALLOT IMAGES
Period to file?
 Within 10 days from proclamation Ballot images in the CF cards as well as printouts of such images are
fundamental equivalent of the official physical ballots filled up by the
Note: voters, and may be used in an election protest.

A quo warranto assailing the public official’s title and seeking to They have the same evidentiary value as the official physical ballots
prevent him from holding office for alienage is not covered by the filled up by the voters.
10 day period for appeal.
The ballot images are the counterparts produced by electronic
The distinction between an election protest and quo warranto as a recording which accurately reproduce the original, and thus are the
remedy is not the label given to it but the allegations therein stated. equivalent of the original.

If the allegation alleges fraud and irregularity which vitiated the The ballot images are not secondary evidence. The official physical
conduct of the election although captioned as Quo Warranto, it is an ballots and ballot images in the CF cards are both original
election protest, and vice versa. documents and they have the same evidentiary weight.

In view of these fundamental differences, they cannot be availed

jointly in the same proceeding. The may be filed separately with
the second and later cases suspended until the earlier is resolved. An
action for quo warranto cannot be converted into an election
protest.

SECOND PLACER RULE DOES NOT APPLY

In Penera vs. COMELEC,

1. The ineligibility of candidate who received majority votes
does not entitle the candidate who received the next
highest number of votes to be declared elected.

2. In this case, the rules on succession under Sec. 44 of LGC

shall apply which states that if a permanent vacancy occurs
in the office of Mayor, the Vice Mayor concerned shall
become the mayor.

FILING OF ELECTION PROTEST OR QUO WARRANTO PRECLUDES

PRE-PROCLAMATION CONTROVERSY

General rule:

The proper remedy after the proclamation of the winning candidate

for the position contested would be to file a regular election protest
or a petition for quo warranto.
REVIEW OF COMELEC JURISDICTION
Each Commission shall decide by a majority vote any case or matter
Election protest and Quo warranto are also known as Election within 60 days from date of submission. Any decision, order or ruling
contest. of each commission may be brought to the SC on certiorari by
aggrieved party within 30 days from receipt of copy thereof.
COMELEC has exclusive and appellate jurisdiction

1. EXCLUSIVE ORIGINAL JURISDICTION MOTIONS FOR RECONSIDERATION TO THE EN BANC

- over all elections, returns and qualifications of all
elective Regional, Provincial and City Officials Within 5 days from the promulgation of the decision of the
DIVISION, a motion for reconsideration may be filed, and if not pro-
2. APPELLATE JURISDICTION forma, suspends the execution for implementation of the decision,
- over all elections, returns and qualifications of all resolution, order or ruling and would in effect, suspend the running
elective Municipal Officials decided by RTC or of the period to elevate the matter to the SC.
Barangay Officials decided by MTC.
A mere reiteration in MR of issues raised by parties and passed upon
Note: by the court does not necessarily make the motion pro-forma;
otherwise, MR is not a proper remedy but new trial.
Decisions, final orders or rulings of COMELEC on election contests
involving municipal and barangay officials shall be final, MR is precisely to convince the court that its ruling is erroneous and
executory and not appealable. it is improper and/or contrary to law. It does not suspend the
running of the 30-day period to file with SC.
All such election cases shall be heard and decided in DIVISION,
provided that motions for reconsideration of decisions shall be
decided by COMELEC EN BANC. INSTANCES WHEN MR IS PRO-FORMA:

1. When it was a 2nd MR

COMELEC DIVISION in the first instance 2. It did not comply with the rule that motion must specify the
findings and conclusions alleged to be contrary to law or not
The authority to hear and decide election cases including pre- supported by evidence
proclamation controversies is vested with DIVISION and the EN 3. It failed to substantiate the alleged error
BANC does not have the authority over it in the first instance. 4. It merely alleged that decision in question was contrary to
law
COMELEC EN BANC can exercise jurisdiction only on motions for 5. The adverse party was not given due notice thereof
reconsideration of the resolution or decision of the DIVISION as a
requirement for the filing of a petition for certiorari by the aggrieved
party with the SC within 30 days from receipt of a copy thereof. PROCEDURE IF OPINION IS EQUALLY DIVIDED

 There shall be rehearing when the EN BANC is either:

COMELEC EN BANC can take first instance: 1. Equally divided in opinion, or
2. The necessary majority cannot be had
1. All other cases when DIVISION is not authorized to act
 Then the case shall be reheard,
2. In pre-proclamation cases upon a vote of the majority of
the Commission  BUT IF on rehearing NO DECISION is reached, the action
or proceeding shall be:
3. Upon unanimous vote of all members of DIVISION in
1. DISMISSED
an interlocutory order
- if originally commenced in the
4. In cases of declaration of failure, postponement or Commission
suspension of elections 2. AFFIRMED
- in appealed cases involving
judgment or order
HOW COMELEC DECIDES 3. DENIED
- in all incidental matters
COMELEC, in its exercise of quasi-judicial functions, may sit: involving petition or motion
1. En banc, or
2. In two divisions

The authority to hear and decide election cases including pre-

proclamation controversies is vested with DIVISION and the EN
BANC does not have the authority over it in the first instance.

COMELEC EN BANC can exercise jurisdiction only on motions for

reconsideration of the resolution or decision of the DIVISION as a
requirement for the filing of a petition for certiorari by the aggrieved
party with the SC within 30 days from receipt of a copy thereof.

Within 5 days from the promulgation of the decision of the

DIVISION, a motion for reconsideration may be filed, and if not pro-
forma, suspends the execution for implementation of the decision,
resolution, order or ruling and would in effect, suspend the running
of the period to elevate the matter to the SC.
PROMULGATION
CERTIFICATE OF FORUM SHOPPING
It is a process by which a decision is published, officially announced,
made known to the public or delivered to the clerk of court for filing, The requirement that any complaint, petition, or other initiatory
coupled with notice to the parties and their counsel, is the delivery of pleading must contain a non-forum shopping certification applies to
a court decision to the clerk of court for filing and publication. election cases. It is mandatory, not jurisdictional, and non-
compliance therewith may warrant dismissal of the election case.
Date of promulgation is important because it is the reckoning
point of the five-day period wherein the motion for
reconsideration must be filed, failure to observe the period shall PAYMENT OF APPEAL/FILING FEES
result in the finality of the DIVISION judgment.
Two different tribunals requiring two different appeal fees for the
perfection of appeal:
MR of EN BANC RESOLUTION IS A PROHIBITED PLEADING
EXCEPT IN ELECTION OFFENSE CASES 1. Appeal from decisions of courts in election protest cases,
3. mandates that the notice of appeal must be filed
Resolution of the COMELEC EN BANC is not subject to within 5 days after the promulgation of the decision.
reconsideration, except in election offense, and therefore, any party 4. The amount of appeal fees is P3.2K which should be
who disagrees with it had only one recourse – that is to file a petition paid with the cash division of the COMELEC.
for certiorari under Rule 65. The filing of the petition would in effect
constitute as an abandonment of MR with COMELEC. 2. SC circular which provides for the procedure of instituting
an appeal and the required appeal fees to be paid for the
appeal to be given due course.
PRINCIPLES COMMONT TO ALL ELECTION CONTESTS
Non-payment or insufficient payment of appeal fee does not affect
How initiated, heard and finally resolved? perfection of the appeal, and does not result in outright or ipso facto
dismissal of the appeal.
In order to confer jurisdiction on tribunals, COMELEC and Courts, of
an election protest of officer-elect, it is necessary to allege in the
petition the following facts:

1. The protestANT is candidate voted for in said election

and has presented his COC.

2. The protestEE has been proclaimed in said election.

3. The date when the proclamation of the result of the

election was made so that it may be seen that the protest
was filed within the term fixed by law.

Who may file?

 A candidate who has duly filed a COC and had been voted
for. In quo warranto, it is any voter.

JURISDICTIONAL ALLEGATIONS

1. The protestANT is candidate voted for in said election

and has presented his COC.

2. The protestEE has been proclaimed in said election.

3. Petition was filed within 10 days after proclamation.

4. Fraud and election irregularities vitiated the conduct of

the elections and affected the legality thereof.

Note:

It is the ministerial duty of the trial court to order the opening of

the ballot boxes, examination and counting of ballots deposited
thereunder whenever there is averment in an election protest that
requires the examination, scrutiny or counting of ballots as evidence.

The purpose of opening the ballot boxes is to determine, with the

minimum amount of protracted delay, the truthfulness of the
allegations of fraud and anomalies in the conduct of electoral
exercise.
 pending appeal shall not issue without prior notice and
EXECUTION PENDING APPEAL hearing.

On motion of the prevailing party with notice to the adverse party, IT IS ONLY DIRECTORY, not mandatory, for the trial courts to
- the court, while still in possession of the original records, resolve motions for execution pending appeal before the
MAY, at its discretion, reglementary period to appeal
 order the execution of the decision in an election contest
before the expiration of the period to appeal,  Trial court MAY still resolve a motion for execution
pending appeal as long as:
subject to the following rules: 1. Motion is filed within the 5-day
reglementary period; and
1. There must be a motion by the prevailing party with 3-day 2. Special order is issued prior to the
notice to the adverse party. transmittal of the records to the COMELEC

i. Execution pending appeal shall not issue without It means that:

prior notice and hearing.
ii. There must be good reasons for the execution  Trial court may still issue after period of appeal as long as
pending appeal. the motion for execution pending appeal was filed before
iii. Such reasons must: the expiration of the time to appeal.

a. constitute superior circumstances

demanding urgency that will Executions pending appeal are exceptions to the general rule thus
outweigh the injury or damage necessity for good reasons.
should the losing party secure a
reversal of the judgment on appeal; Ramas vs. COMELEC illustrated good reasons for execution pending
and appeal:
b. be manifest, in the decision sought
to be executed, that the defeat of 1. Public interest involved or the will of the electorate
the protestee or the victory of the 2. Shortness of the remaining period of the term of the
protestant has been clearly contested office
established. 3. Length of time that the election contest has been
pending
2. If the court grants an execution pending appeal, an
aggrieved party shall have 20 working days from notice of The filing of supersedeas bond alone does not constitute good
the special order within which to secure a restraining order reasons. The trial court may require the filing of a bond as condition
or status quo order from SC or COMELEC. for issuance of the corresponding writ of execution to answer for the
i. The corresponding writ of execution shall issue payment of damages which the aggrieved party may suffer by reason
after 20 days, if no restraining order or status of the execution pending appeal.
quo order is issued.
ii. During such period, the writ of execution Supersedeas bond – also known as appeal bond which is a bond
pending appeal shall be stayed. required of one who petitions to set aside a judgment of execution…

Note: The issue before the trial court where a motion for execution
 Execution pending appeal is allowed in the discretion of pending appeal is filed is to determine whether or not there are
the court applies in suppletory manner in election cases good reasons to justify the immediate execution pending appeal.
involving city and provincial officials The issue is not whether there are good reasons to stay the
immediate execution of the decision pending appeal.
 Judgments in election cases may be executed pending
appeal and this includes those decided by trial courts and Requisites of granting motion for execution pending appeal
by the COMELEC whether in its original or appellate
jurisdiction. 1. There must be motion by the prevailing party with 3-day
notice to the adverse party which must be filed within the
 EN BANC has the power to order discretionary execution 5-day period to make the appeal
of judgment
2. There must be good reasons for the execution pending
 Writ of execution pending the resolution of the MR of a appeal
decision of the DIVISION is not granted as a matter of
right such that its issuance becomes a ministerial duty that 3. The order granting execution pending appeal must
may be dispensed even just by the presiding state the good reasons
Commissioner.

 The decision to allow execution pending reconsideration DAMAGES IN ELECTION PROTEST CASES
belongs to the DIVISION that rendered the assailed
decision, order or resolution, or to EN BANC as the case  Damages cannot be granted in an election protest case.
may be – not Presiding Commissioner. Monetary claim of a party in an election case must
necessarily be anchored in contract, quasi-contract, or
tortious act or omission of a crime in order to effectively
THREE-DAY NOTICE IN EXECUTION PENDING APPEAL recover actual or compensatory damages.

 A motion for execution pending appeal shall contain a  In the absence of any or all of these, the claimant must be
three-day notice to the adverse party and execution able to point out a specific provision of law authorizing a
money claim for election protest expenses against the
 losing party. The bonds or cash deposits required by
COMELEC Rules of Procedure are in the nature of filing
fees, not damages.

SUBSTITUTION IN ELECTION PROTEST CASES ELECTORAL SABOTAGE

Doctrine of Action Personalis Moritur Cum Persona Any person or member of the BEI or BOC who
- Upon the death of the incumbent, no heir of his may be - tampers, increases or decreases the votes received by a
allowed to continue holding his office in his place. candidate in any election, or
Any member of the board who
While the right to public office is personal and exclusive to the public - refuses , after proper verification and hearing, to credit the
officer, an election protest is NOT PURELY personal and exclusive to correct votes or deduct such tampered votes
the protestant and protestee such that the death of either would
oust the court of all authority to continue the protest proceedings. it will be considered NOT as an ordinary election offense BUT a
special election offense known as ELECTORAL SABOTAGE and the
Death of protestee penalty thereof is life imprisonment.

 He should be substituted by his successor to the public

office (or the public officer next lower in rank). ELECTORAL CHEATING

Death of protestant Main types:

 He should be substituted by public official who would 1. Pre-election

have succeeded him.  Preventing qualified voter from registering

2. Election day
PROSECUTION OF ELECTION OFFENSES  Preventing registered voters from casting their
vote freely, or
Prosecutorial powers of COMELEC:  Influencing the BEI to cheat

Upon a verified complaint, or on its own initiative – 3. Post-election

 Altering results of the elections by making it
1. File petitions for inclusion or exclusion of voters; appear that the losing candidate won
2. Investigate and where appropriate, prosecute cases of
violations of election laws, including acts or omissions
constituting election frauds, offenses and malpractices. DISPUTABLE PRESUMPTION OF CONSPIRACY

Through its duly authorized legal officers – 1. Disputable presumption of conspiracy to bribe voters
2. Disputable presumption of involvement of principal
1. Concurrent with other prosecuting arms of the campaign managers in such conspiracy
government, to conduct preliminary investigation of all
election offenses and prosecute the same
TWO WAYS THROUGH WHICH A COMPLAINT FOR ELECTION
The finding of probable cause in the prosecution of election offenses OFFENSE MAY BE INITIATED:
rests in the COMELEC EN BANC sound discretion.
1. It may be filed by the COMELEC moto proprio, or
Under the present law, the COMELEC and other prosecuting arms of 2. It may be filed through written complaint by
the government such as DOJ exercises CONCURRENT JURISDICTION - any citizen of the Philippines,
in investigation and prosecution of election offenses. - candidate,
- registered political party,
Prescriptive period - coalition of political parties or organization
under the party-list system
Election offenses shall prescribe after 5 years from the date of their - any accredited citizen arms of the commission
commission.
Moto proprio complaints may be signed by the Chairman of the
If the discovery of the offense be made in an election contest COMELEC and need not be verified.
proceedings, the period of prescription shall commence on the date
on which the judgment in such proceedings becomes final and But those complaints filed by parties other than the COMELEC, it
executory. must be verified and supported by affidavit and other evidence.