ADMIN LAW G01 | COMM.

GUIA

ELECTION LAW
The Constitution itself mandates the
The Philippine Electoral System and Principles synchronization of national and local elections,
including the ARMM. RA No. 10153 does not
Bañas-Nograles v. COMELEC amend, but merely fills in the gap in RA No.
FACTS: RA 11243 was passed suspending the 9054 hence, there is no need for RA No. 10153
election of Representatives for the First to comply with the amendment requirements
Legislative District, including General Santos. set forth in Article XVII of RA No. 9054
COMELEC set the first regular elections for the (plebiscite requirement).
new representatives “within 6 months from
May 13, 2019” The Party-List System of Representation
Art. VI, Sec. 5(1-2)
Sec. 8, Art. VI: Elections for Congress should be
held on the 2nd Monday of May unless (1) The House of Representatives shall be
otherwise provided by law. The term "unless composed of not more than two hundred and fifty
otherwise provided by law" contemplates two members, unless otherwise fixed by law, who shall
situations (1) when the law specifically states be elected from legislative districts apportioned
when the elections should be held on a date among the provinces, cities, and the Metropolitan
other than the second Monday of May; and (2) Manila area in accordance with the number of
when the law delegates the setting of the date their respective inhabitants, and on the basis of a
of the elections to COMELEC. uniform and progressive ratio, and those who, as
• In this case, RA 11243 did not provided by law, shall be elected through a party-
specifically provide for a different date list system of registered national, regional, and
and neither did it delegate to COMELEC sectoral parties or organizations.
the setting of a different date.
• If the Court were to allow COMELEC’s (2) The party-list representatives shall constitute
interpretation, an incongruity would twenty per centum of the total number of
result as the winning candidate in the representatives including those under the party
special elections would serve a term list. For three consecutive terms after the
less than that provided by the ratification of this Constitution, one-half of the
Constitution. seats allocated to party-list representatives shall
be filled, as provided by law, by selection or
Q: What would happen to the term of office of the election from the labor, peasant, urban poor,
incumbents, assuming COMELEC has the authority indigenous cultural communities, women, youth,
to reset or postpone the elections? and such other sectors as may be provided by law,
except the religious sector.
A: There is no hold-over power on the part of the
incumbent officers whose terms of office are New parameters for qualification of party-list
provided under the Constitution. Even if COMELEC groups:
postpones the elections, their term of office 1. Three different groups may participate in the
cannot be extended. This is the nature of our party-list system: (1) national parties or
synchronized nature of our elections. organizations, (2) regional parties or
organizations, and (3) sectoral parties or
Kida v. Senate organizations.
FACTS: RA 10153 postponed the regional 2. National parties or organizations and regional
elections in the ARMM and gave the President parties or organizations do not need to
power to appoint OICs to temporarily assume organize along sectoral lines and do not need
elective positions for the intervening period. Is to represent any "marginalized and
this constitutional? YES. underrepresented" sector.

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3. Political parties can participate in party-list that they have at least one nominee who
elections provided they register under the remains qualified.
party-list system and do not field candidates
in legislative district elections. A political Atong Paglaum v. COMELEC
party, whether major or not, that fields FACTS: 52 party-list groups and organizations
candidates in legislative district elections can filed petitions with the SC to reverse various
participate in party-list elections only through resolutions by the COMELEC disqualifying them
its sectoral wing that can separately register from the May 2013 party-list race. The
under the party-list system. The sectoral wing COMELEC, in its resolutions, ruled that these
is by itself an independent sectoral party, and party-list groups and organizations failed to
is linked to a political party through a represent a marginalized and underrepresented
coalition. sector, their nominees do not come from a
4. Sectoral parties or organizations may either marginalized and underrepresented sector,
be "marginalized and underrepresented" or and/or some of the organizations or groups are
lacking in "well-defined political not truly representative of the sector they
constituencies." It is enough that their intend to represent in Congress.
principal advocacy pertains to the special
interest and concerns of their sector. The The party-list system can include both sectoral
sectors that are "marginalized and and non-sectoral groups. It is not to be
underrepresented" include labor, peasant, synonymous to sectoral representations. There
fisherfolk, urban poor, indigenous cultural may be some groups that may not have the
communities, handicapped, veterans, and constituency to win a seat on a legislative
overseas workers. The sectors that lack "well- district basis, hence the system may allow them
defined political constituencies" include to be able to still have a seat in the House. Only
professionals, the elderly, women, and the condition is that they field candidates who
youth. come from the different marginalized sectors.
5. A majority of the members of sectoral parties
or organizations that represent the RA 7941 does not require national and regional
"marginalized and underrepresented" must parties or organizations to represent the
belong to the "marginalized and “marginalized and underrepresented sectors”.
underrepresented" sector they represent. To require all national and regional parties
Similarly, a majority of the members of under the party-list system to only represent
sectoral parties or organizations that lack such sectors is to deprive and exclude ideology-
"well-defined political constituencies" must based and cause-oriented parties from the
belong to the sector they represent. The party-list system.
nominees of sectoral parties or organizations
that represent the "marginalized and The party-list system is a system of proportional
underrepresented," or that represent those representation, not a reserved system nor a
who lack "well-defined political sectoral election.
constituencies," either must belong to their
respective sectors, or must have a track BANAT Party-list v. COMELEC
record of advocacy for their respective FACTS: BANAT filed before the National Board
sectors. The nominees of national and of Canvassers a petition to proclaim the full
regional parties or organizations must be number (that is 20%) of party list
bona-fide members of such parties or representatives provided by the Constitution;
organizations. That the full 20% of party list representatives
6. National, regional, and sectoral parties or should be proclaimed; That the 2% threshold
organizations shall not be disqualified if some votes should only pertain to the first party- list
of their nominees are disqualified, provided representative seats; The 3 seat limit should be

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applied; That all the 2% should be given a seat Before, filling up the entire seat for the entire
(the first seat) but the additional seats should party is not mandatory. But now, filling up the
be given in proportion of the percentage of number of sears allocated for the party-list system
votes in relation to the total votes cast. is mandatory.
COMELEC promulgated a resolution
proclaiming 13 parties as winners in the party- There is no longer a 2% threshold for a party to
list elections in May 2007. It also announced have at least one seat. It only gives it a guarantee
that it would compute the total number of for one. Hence, a party may still get a seat even if
seats per party according to the Veterans it does not reach the 2% threshold.
formula.
ANGKLA v. COMELEC
FORMULA: The Court ruled that there is no double
1. Always remember, two-percenters are given counting of votes in favor of the two-
one guaranteed seats each. Then the remaining percenters. Ultimately, each vote is counted
number of seats after the guaranteed seats are only once. In fact, all votes, whether cast in
given is distributed in two stages. favor of two-percenters and non-two-
a. For example, if there are 55 seats percenters, are counted once. Just because a
available and there are fifteen 2 party-list was allocated a guaranteed seat and
percenters, that leaves 40 (55-15) an additional seat does not mean that its votes
remaining seats. were counted twice. It just means that the
2. In the first stage, additional number of seats party-list concerned surpassed the proportional
is given to the two-percenters by determining thresholds prescribed under the law in both
the whole number obtained when the rounds of seat allocation. Similarly, just because
percentage share of the party list group is a party-list is not awarded a guaranteed seat or
multiplied by the remaining number of seats. an additional one does not mean that its votes
Suppose, for example, that there are 40 were not counted. Failure of a party-list to
remaining seats. (TPLV = Total Party List Votes) obtain a seat only means one thing — it lost the
a. If Party List A (PL-A) has 6% of the elections. It was outvoted or outperformed by
TPLV then 6% x 40 = 2.4. Thus, PL-A is other party-lists. Hence, petitioners are
given 2 additional seats. mistaken in claiming that the retention of the
b. If Party List (PL-B) has 3% of the TPLV 2% votes in the second round of seat allocation
then 3% x 40 = 1.2. Thus, PL-B is given is unconstitutional. Furthermore, the advantage
1 additional seat. given to the two-percenters does not violate
c. If Party List (PL-C) has 2% of the TPLV the equal protection clause —it is an advantage
then 2% x 40 = 0.8. Thus, PL-C is not given to two-percenters based on substantial
given an additional seat. distinction that the rule of law has long
3. There is a second stage if there are still acknowledged and confirmed.
vacant seats.
a. In the second stage, one seat is DOCTRINE: The system of counting pertains to
awarded to the highest ranking (in two (2) different rounds and for two (2)
terms of percentage share) party list different purposes: the first round is for
group that did not receive any purposes of applying the 2 % threshold and
additional seat in the first stage. If ensuring that only party-lists with sufficient
there are still vacant seats, then one constituencies shall be represented in
seat is awarded each to the next Congress, while the second round is for the
ranking party list groups until all the purpose of ensuring compliance with the
vacant seats are given. constitutional fiat that 20% of the members of
4. Apply the three seat limit. the House of Representatives shall be elected
via a party-list system, thus, seats are

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computed in proportion to a party-list's total such that any amendment to these

number of votes. But it must be noted that contracts would constitute a novation
each vote is counted only once for both rounds. requiring consent of all parties involved
• An amendment to the by-laws of a
Note: our system does not allow full party-list organization should become
proportionality because there is a cap of 3 seats. effective only upon approval by the
So even if a party obtains 15% of the party-list COMELEC.
vote, the most that it can get is 3 seats.
The Commission on Elections
ARARO v. COMELEC Independence of the COMELEC – important. It is
Total votes cast do not include invalid votes both an administrative and judicial body.
(those that attributable to the voter’s action) • COMELEC does not make laws but only
Divisor – helps determine the correct administers and enforces laws passed by
representation of party-list groups as intended the legislature
by law. It measures the relation between the • has exclusive jurisdiction to decide on
share of the total seats and the share of the elections, returns, and qualifications of all
total votes of the party-list. elective regional, provincial and city
officials
Votes later on invalid due to no cause • appellate jurisdiction: elective municipal
attributable to the votes should not be officials or barangay officials
excluded in the divisor. Votes validly cast for a • decide all questions EXCEPT right to vote
party-list group listen in the ballot but later on o when the issue is whether a
disqualified should be counted. To do person can vote or not (strictly
otherwise would be to disenfranchise voters judicial)
who votes on the basis of good faith that the • does not have constitutional authority to
ballot contained all qualified candidates make election laws

Hence, party-list groups listed in the ballot but Power to enforce or administer election laws
whose disqualification attained finality prior to
the elections and whose disqualification Aquino v. COMELEC
attained finality prior to the elections and
COMELEC is granted with the powers necessary
whose disqualification was made known by the and incidental to achieve the objective of
COMELEC prior to the elections should NOT be
ensuring free, orderly, honest, peaceful and
included in the divisor. credible elections.
Total votes cast for the party-list system include Reassignment is included in the prohibition
those votes made for party-list groups indicated
under the phrase “transfer or detail or
in the ballot regardless of the pendency of their
whatever”
motions for reconsideration or petitions before
In Regalado, Jr. v. Court of Appeals, the Court
any tribunal in relation to their cancellation or already clarified the interpretation of the term
disqualification cases. “whatever” as used in Section 261 (h) of BP 881
in relation to the terms transfer and detail. In
Lico v. COMELEC agreeing with the Solicitor General's position,
A party-list organization owes its existence to this Court declared that the terms transfer and
the State and the latter’s approval must be detail are modified by the term whatever such
obtained through the COMELEC as its agent that "any movement of personnel from one
• Implication: the state is a party to the station to another, whether or not in the same
principal contracts entered into by the office or agency, during the election period is
party-list organization and its members covered by the prohibition."

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incidental matters, the petition or motion shall be

Thus, we affirm the COMELEC's interpretation denied.
of the phrase "transfer or detail whatever" as
we find the Regalado interpretation consistent Legaspi v. COMELEC
with the legislative intent. The interpretation Outline:
that includes any form of personnel action, 1. If the action or proceeding is originally
such as reassignment, within the coverage of commenced in the COMELEC, such action or
the phrase precisely guards against any such proceeding shall be dismissed;
electioneering and political harassment 2. In appealed cases, the judgment or order
situations. This interpretation also more appealed from shall stand affirmed; or
vigorously enforces the aim not only of BP 881, 3. In incidental matters, the petition or motion
but more importantly of the Constitution to shall be denied.
secure free, orderly, honest, peaceful, and
credible elections.

We emphasize that the election law's

prohibition on transfer or detail covers any
movement of personnel from one station to
another, whether or not in the same office or
agency when made or caused during the
election period.

Dumarpa v. COMELEC
The COMELEC, by constitutional mandate, must
do everything in its power to secure a fair and
honest canvass of votes case in the elections.
• It must be given a considerable latitude
in adopting means and methods that
will insure the accomplishment of the
great objective for which it was created
– to promote free, orderly, honest,
peaceful and credible elections.
• The choice of means taken by the
COMELEC, unless they are clearly illegal
or constitute or constitute grave abuse
of discretion, should not be interfered
with.

Power to adjudicate election disputes

COMELEC Rules on Procedure: Section 6.
Procedure if Opinion is Equally Divided. — When
the Commission en banc is equally divided in
opinion, or the necessary majority cannot be had,
the case shall be reheard, and if on rehearing no
decision is reached, the action or proceeding shall
be dismissed if originally commenced in the
Commission; in appealed cases, the judgment or
order appealed from shall stand affirmed; and all

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Candidates, Political Parties, and declaration by competent authority that said

Organizations insanity or incompetence had been removed or
Candidates after the expiration of a period of five years from
Omnibus Election Code Sec. 79(a) his service of sentence, unless within the same
“candidate” refers to any person aspiring for or period he again becomes disqualified.
seeking an elective public office, who has filed a
certificate of candidacy by himself or through an Certificate of Candidacy
accredited political party, aggroupment, or OEC SECTION 66. Candidates holding appointive
coalition of parties office or positions. – Any person holding a public
appointive office or position, including active
Sec 13 of RA 9369 members of the Armed Forces of the Philippines,
… For this purpose, the Commission shall set the and officers and employees in government-owned
deadline for the filing of certificate of or controlled corporations, shall be considered
candidacy/petition of registration/manifestation ipso facto resigned from his office upon the filing
to participate in the election. Any person who files of his certificate of candidacy
his certificate of candidacy within this period shall
only be considered as a candidate at the start of OEC SECTION 73. Certificate of candidacy. – No
the campaign period for which he filed his person shall be eligible for any elective public
certificate of candidacy: Provided, That, unlawful office unless he files a sworn certificate of
acts or omissions applicable to a candidate shall candidacy within the period fixed herein.
effect only upon that start of the aforesaid A person who has filed a certificate of candidacy
campaign period: Provided, finally, That any may, prior to the election, withdraw the same by
person holding a public appointive office or submitting to the office concerned a written
position, including active members of the armed declaration under oath.
forces, and officers, and employees in No person shall be eligible for more than one
government-owned or-controlled corporations, office to be filled in the same election, and if he
shall be considered ipso factor resigned from files his certificate of candidacy for more than one
his/her office and must vacate the same at the office, he shall not be eligible for any of them.
start of the day of the filing of his/her certification However, before the expiration of the period for
of candidacy. the filing of certificates of candidacy, the person
"Political parties may hold political conventions to who was filed more than one certificate of
nominate their official candidate within thirty (30) candidacy may declare under oath the office for
days before the start of the period for filing which he desires to be eligible and cancel the
certificate of candidacy. certificate of candidacy for the other office or
offices.
Qualifications and Disqualifications of Candidates The filing or withdrawal of a certificate of
OEC SECTION 12. Disqualifications. – Any person candidacy shall not affect whatever civil, criminal
who has been declared by competent authority or administrative liabilities which a candidate may
insane or incompetent, or has been sentenced by have incurred.
final judgment for subversion, insurrection,
rebellion or for any offense for which he has • A COC public declaration that a person is
been sentenced to a penalty of more than running for office
eighteen months or for a crime involving moral • Says that he is eligible for the office he is
turpitude, shall be disqualified to be a candidate seeking
and to hold any office, unless he has been given • OEC Sec. 74 enumerates what should be
plenary pardon or granted amnesty. listed in the COC – material to the
eligibility
This disqualifications to be a candidate herein • Pertains to the eligibility of persons to the
provided shall be deemed removed upon the office

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• Public statements that a candidate should validly voted for as a candidate and,
have consequently, to his eligibility to assume office.

SECTION 74. Contents of certificate of candidacy. Section 78 states that the false representation
– The certificate of candidacy shall state that the in the contents of the COC required under
person filing it is announcing his candidacy for the Section 74 must refer to material matters
office stated therein and that he is eligible for said involving his eligibility or qualification for the
office; if for Member of the Batasang Pambansa, office to which he seeks election, in order to
the province, including its component cities, justify the cancellation of the COC, such as the
highly urbanized city or district or sector which he requisite residency, age, citizenship or any
seeks to represent; the political party to which he other legal qualification necessary to run for
belongs; civil status; his date of birth; residence; local elective office as provided in the Local
his post office address for all election purposes; Government Code.
his profession or occupation; that he will support
and defend the Constitution of the Philippines Moreover, the false representation under
and will maintain true faith and allegiance Section 78 must consist of a deliberate attempt
thereto; that he will obey the laws, legal orders, to mislead, misinform, or hide a fact which
and decrees promulgated by the duly constituted would otherwise render a candidate ineligible.
authorities; that he is not a permanent resident As we said, respondent's nickname is not
or immigrant to a foreign country; that the considered a material fact, and there is no
obligation imposed by his oath is assumed substantial evidence showing that in writing the
voluntarily, without mental reservation or nickname "LRAY JR. MIGZ" in his COC,
purpose of evasion; and that the facts stated in respondent had the intention to deceive the
the certificate of candidacy are true to the best of voters as to his identity which has an effect on
his knowledge. his eligibility or qualification for the office he
seeks to assume.
SECTION 76. Ministerial duty of receiving and
acknowledging receipt. – The Commission, Quinto v. COMELEC
provincial election supervisor, election registrar or Upheld Sec. 4(a) of Resolution 8678, Sec. 13 of
officer designated by the Commission or the R.A. 9363 and Sec. 66 of the Omnibus Election
board of election inspectors under the succeeding Code. The Court adopted the view that these
section shall have the ministerial duty to receive provisions satisfy the requisites of the equal
and acknowledge receipt of the certificate of protection test, especially the second
candidacy. requirement that it must be germane to the
purposes of the law.
Villafuerte v. COMELEC
FACTS: Petitioner filed the petition under It was emphasized that the purpose of the law
Section 78 of the Omnibus Election Code is to defer to the sovereign will of the people by
claiming that respondent committed material letting elective officials serve until the end of
misrepresentation when the latter declared in the terms for which they were elected
his COC that his name/nickname to be printed notwithstanding the filing of their certificates of
in the official ballot is VILLAFUERTE, LRAY JR.- candidacy. On the contrary, the automatic
MIGZ instead of his baptismal name, resignation rule was imposed upon appointive
VILLAFUERTE, MIGUEL-MIGZ; that such officials because unlike elected politicians,
declaration made under oath constitutes appointive officials, as officers and employees
material misrepresentation even if the material in the civil service, are strictly prohibited from
misrepresentation did not refer to his engaging in any partisan political activity or
qualifications but refers to his eligibility to be from taking part in any election, except to
vote.

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candidate, or if he has been elected, from holding

Remedies Against Unlawful Candidates the office. Any person who is a permanent
resident of or an immigrant to a foreign country
SECTION 78. Petition to deny due course to or shall not be qualified to run for any elective office
cancel a certificate of candidacy. – A verified under this Code, unless said person has waived his
petition seeking to deny due course or to cancel a status as permanent resident or immigrant of a
certificate of candidacy may be filed by the person foreign country in accordance with the residence
exclusively on the ground that any material requirement provided for in the election laws.
representation contained therein as required
under Section 74 hereof is false. The petition may a. Petition to Cancel or Deny Due Course to a
be filed at any time not later than twenty-five Certificate of Candidacy
days from the time of the filing of the certificate
of candidacy and shall be decided, after due Petition for Petition to deny due
notice and hearing, not later than fifteen days Disqualification course to or cancel a
before the election. (Sec. 68) CoC (Section 78)
Premised on grounds Exclusively on the
SECTION 12. Disqualifications. – Any person who stated in Secs. 12 & 68 ground that any
has been declared by competent authority insane material
or incompetent, or has been sentenced by final representation
judgment for subversion, insurrection, rebellion or contained therein as
for any offense for which he has been sentenced required under
to a penalty of more than eighteen months or for Section 74 is false.
a crime involving moral turpitude, shall be A person who is Not treated as a
disqualified to be a candidate and to hold any disqualified under this candidate at all – as if
office, unless he has been given plenary pardon or section is merely he never filed a CoC.
granted amnesty. This disqualifications to be a prohibited to continue
candidate herein provided shall be deemed as a candidate.
removed upon the declaration by competent Disqualified candidate Cannot be validly
authority that said insanity or incompetence had may be validly substituted since there
been removed or after the expiration of a period substituted under Sec. was no valid candidate
of five years from his service of sentence, unless 77. in the first place.
within the same period he again becomes
disqualified. Disqualification Ineligibility
Based on grounds Lack of qualifications
SECTION 68. Disqualifications. – Any candidate stated in Secs. 12 & 68 prescribed by law
who, in an action or protest in which he is a party of the OEC and Sec. 40
is declared by final decision of a competent court of the LGC
guilty of, or found by the Commission of having (a) Purpose: to bar Purpose: to remove an
given money or other material consideration to someone from incumbent from office
influence, induce or corrupt the voters or public becoming a candidate
officials performing electoral functions; (b) or from continuing as a
committed acts of terrorism to enhance his candidate (eliminate
candidacy; (c) spent in his election campaign an candidate from the
amount in excess of that allowed by this Code; (d) race)
solicited, received or made any contribution
prohibited under Sections 89, 95, 96, 97 and 104; Consequently, that an individual possesses the
or (e) violated any of Sections 80, 83, 85, 86 and qualifications for a public office does not imply
261, paragraphs d, e, k, v, and cc, sub-paragraph that he is not disqualified from becoming a
6, shall be disqualified from continuing as a candidate or continuing as a candidate for a public

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office, and vice versa. Furthermore, the procedure the enumerated prohibited acts. Noteworthy is
laid down in Rule 25 of the COMELEC Rules of that in the second scenario, it is not required
Procedure cannot be used in Section 78 that there be a prior final judgment; it is
proceedings, because a different rule (Rule 23) sufficient that the Commission itself made the
specifically governs petitions to deny due course determination.
to or cancel CoCs.
The quantum of proof necessary in election
Poe-Llamanzares v. COMELEC cases is substantial evidence. To impose prior
Should Grace Poe’s CoC be denied due course conviction of an election offense as a condition
or cancelled on the exclusive ground that she sine qua non before a Petition for
made a false material representation therein? Disqualification can be launched would be
tantamount to requiring proof beyond
NO. COMELEC in itself cannot decide the reasonable doubt, which is significantly beyond
qualification or lack thereof of the candidate. what our laws require.
Section 2, Article IX(C) of the 1987 Constitution
enumerates the powers and functions of the
COMELEC. Not any one of the enumerated Abundo v. COMELEC
powers approximate the exactitude of the Pursuant to Sec. 8, Art. X of the Constitution as
provisions of Section 17, Article VI of the 1987 well as in Sec. 43(b) of the LGC, voluntary
Constitution. In this same provision, it is clear renunciation of the office by the incumbent
which tribunals have jurisdiction over the elective local official for any length of time shall
question of qualifications of the President, Vice- not, in determining service for three
President, Senators and the Members of the consecutive terms, be considered an
House of Representatives. interruption in the continuity of service for the
full term for which the elective official
Rule 23 and 25 of COMELEC Resolution No. concerned was elected.
9523 do not allow the COMELEC to determine
the qualification of the candidate. The facts of During the period of one year and ten months,
qualification must be established beforehand in title to hold such office and the corresponding
a prior proceeding before an authority properly right to assume the functions thereof still
vested with jurisdiction. If a candidate cannot belonged to his opponent, as proclaimed
be disqualified without a prior finding that he election winner. Accordingly, Abundo actually
or she is suffering from a disqualification, held the office and exercised the functions as
neither can a candidate's COC be cancelled or mayor only upon his declaration, following the
denied due course on the grounds of false resolution of the protest, as duly elected
misrepresentation. candidate for only a little over one year and
one month. The reality on the ground is that
Francisco v. COMELEC Abundo actually served less. The almost two
Is a prior judgment a precondition to filing a year period during which Abundo’s opponent
petition for disqualification? NO actually served as Mayor is and ought to be
considered an involuntary interruption of
A prior court judgment is not required before Abundo’s continuity of service.
the remedy under Sec. 68 of the OEC can
prosper. This is highlighted by the provision An involuntary interrupted term, cannot, in
itself, which contemplates of two scenarios: the context of the disqualification rule, be
first, there is a final decision by a competent considered as one term for purposes of
court that the candidate is guilty of an election counting the three-term threshold. It cannot
offense and second, it is the Commission itself be overemphasized that pending the favorable
that found that the candidate committed any of resolution of his election protest, Abundo was

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relegated to being an ordinary constituent since term limit rule, thereby making him eligible to
his opponent, as presumptive victor in the 2004 run for the position of governor of Camarines
elections, was occupying the mayoralty seat. Norte in the May 13, 2019 national and local
Hence, even if declared later as having the right elections. The SC said Yes, the DILG's execution
to serve the elective position such declaration of the OMB decisions for the petitioner's
would not erase the fact that prior to the dismissal clearly constituted loss of the
finality of the election protest, Abundo did not petitioner's title to the office. The dismissals
serve in the mayor’s office and, in fact, had no were involuntary interruptions in the
legal right to said position. petitioner's 2016-2019 term.

As such, he cannot be considered to have fully

Tallado v. COMELEC served a third successive term of office.
Tallado was Governor for 3 terms (2010, 2013, Therefore, the petitioner was not disqualified
and 2016). On Oct 2, 2015, the OMB suspended from seeking the same elective post during the
him so Tallado made a timely appeal to the CA, 2019 elections. The COMELEC thus gravely
which reduced his suspension. On September abused its discretion in ordering the
13, 2016, the OMB ordered his dismissal and cancellation of the petitioner's Certificate of
Tallado appealed to the CA again. On Jan 11, Candidacy for the 2019 elections.
2018, the OMB once again ordered his dismissal
from service and Tallado appealed to the CA. Dimapilis v. COMELEC
Tallado filed his Certificate of Candidacy for A candidate’s perpetual disqualification is a
Governor of Camarines Norte for May 2019 material fact involving eligibility. Thus, this will
elections. This prompted respondents to file render his CoC void from the very beginning.
their separate petitions with the COMELEC
praying for the denial of due course to and/or The COMELEC has the duty to motu propio bar
for the cancellation of the petitioner's COC, from running for public office those suffering
which petitions were consolidated and from perpetual disqualification to hold public
predicated on the application of the three-term office. Even without a petition filed under the
limit rule. COMELEC 1st division granted the Omnibus Election Code or the Local
petitions and ordered the cancellation of the Government Code, the COMELEC is under a
petitioner's COC stating that petitioner had fully legal duty to cancel the CoC of anyone suffering
served three consecutive terms considering from the accessory penalty of perpetual special
that his suspension and dismissals from the disqualification to run for public office, by
service were not interruptions of his term virtue of a final judgment of conviction. The
because he had not thereby lost title to the final judgment of conviction is notice to the
office. COMELEC en banc agreed and declared COMELEC of the disqualification of the convict.
that the petitioner's dismissal from the service The law itself bars the convict from running.
had been temporary inasmuch as he had
appealed the OMB decisions that the DILG's b. Petition to declare a candidate a Nuisance
implementation of the dismissals, the SECTION 69. Nuisance candidates. – The
petitioner's removal from office, and the Vice- Commission may, motu proprio or upon a verified
Governor's assumption as Governor did not petition of an interested party, refuse to give due
affect the temporariness of the vacancy in the course to or cancel a certificate of candidacy if it is
office of the Governor. shown that said certificate has been filed to put
the election process in mockery or disrepute or
The issue is whether there was loss of title to to cause confusion among the voters by the
petitioner’s office during his third term which similarity of the names of the registered
constituted an involuntary term interruption, candidates or by other circumstances or acts
which prevents the application of the three- which clearly demonstrate that the candidate has

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no bona fide intention to run for the office for The right to vote and to be voted for shall not
which the certificate of candidacy has been filed be made to depend upon the wealth of the
and thus prevent a faithful determination of the candidate. The COMELEC cannot condition a
true will of the electorate. person’s privilege to be voted upon as Senator
on his financial capacity to wage a nationwide
Pamatong v. COMELEC campaign. Quite obviously, the financial
Pamatong filed his CoC for Presidency but the capacity requirement is a property
COMELEC refused to give due course on his requirement. No property qualification of any
CoC. COMELEC considered Pamatong as a kind is required under the Constitution.
nuisance candidate who could not wage a
national campaign and/or was not nominated Freedom of the voters to exercise the elective
by a political party or was not supported by a franchise at a general election implies the right
registered political party with national to freely choose from all qualified candidates
constituency. So Pamatong contends that for public office. The imposition of unwarranted
COMELEC violated his right to equal access to restrictions and hindrances precluding qualified
opportunities to public office and the candidates from running is violative of the
limitations imposed by COMELEC unilaterally constitutional guaranty of freedom in the
amended the constitutional provisions on the exercise of elective franchise. It seriously
electoral process. interferes with the right of the electorate to
choose freely from among those eligible to
W/N the limitations to the equal access to office whomever they may desire. Nuisance
public office are valid? YES. candidates, as an evil to be remedied, do not
justify the adoption of measures that would bar
First, the SC emphasized that Section 26, Article poor candidates from running for office.
II of the Constitution neither bestows such a
right nor elevates the privilege to the level of Substitution of Candidates
an enforceable right. The “equal access”
provision is not self-executing. Thus, the SECTION 77. Candidates in case of death,
provision does not contain any judicially disqualification or withdrawal of another. – If
enforceable constitutional right but merely after the last day for the filing of certificates of
specifies a guideline for legislative or executive candidacy, an official candidate of a registered or
action. Now going to the issue on limitations, accredited political party dies, withdraws or is
the SC stated that the State has a compelling disqualified for any cause, only a person
interest to ensure that its electoral exercises belonging to, and certified by, the same political
are rational, objective, and orderly. And party may file a certificate of candidacy to
nuisance candidacies are considered to detract replace the candidate who died, withdrew or was
from this larger purpose. COMELEC is disqualified. The substitute candidate nominated
mandated by the Constitution to adopt means by the political party concerned may file his
that will ensure the promotion of free, orderly certificate of candidacy for the office affected in
and honest elections. Thus, the privilege of accordance with the preceding sections not later
equal access to public office may be subjected than mid-day of the day of the election. If the
to limitations. Some of these limitations are death, withdrawal or disqualification should occur
found in the Omnibus Election Code on between the day before the election and mid-day
nuisance candidates and COMELEC Resolution of election day, said certificate may be filed with
6452, wherein COMELEC may refuse to give any board of election inspectors in the political
due course to or cancel a CoC. subdivision where he is a candidate, or, in the case
of candidates to be voted for by the entire
Marquez v. COMELEC electorate of the country, with the Commission.

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Federico v. COMELEC nominated and supported a candidate or

Under Sec. 15 of RA 9369 which governs the candidates in the election next following its
conduct of automated elections, the COMELEC registration shall, after notice and hearing, be
is empowered by law to prescribe such rules so deemed to have forfeited such status as a
as to make efficacious and successful the registered political party in such constituency.
conduct of the first national automated
election: “the COMELEC, which has the BP 881 SECTION 61. Registration. – Any organized
constitutional mandate to enforce and group of persons seeking registration as a national
administer all laws and regulations relative to or regional political party may file with the
the conduct of an election,” In resolving that Commission a verified petition attaching thereto
the deadline for all substitutions must be made its constitution and by-laws, platform or program
on or before Dec. 15, 2009 pursuant to of government and such other relevant
Comelec Resolution No. 8678, COMELEC did information as may be required by the
not abuse its discretion. Commission. The Commission shall, after due
notice and hearing, resolve the petition within ten
days from the date it is submitted for decision. No
Tagolino v. COMELEC religious sect shall be registered as a political
A valid CoC is a condition sine qua non for party and no political party which seeks to
candidate substitution. Section 77 requires achieve its goal through violence shall be entitled
that there be an "official candidate" before to accreditation.
candidate substitution proceeds. Thus, whether
the ground for substitution is death, withdrawal BP 881 SECTION 62. Publication of petition for
or disqualification of a candidate, the said registration or accreditation. – publication of the
section unequivocally states that only an official petition for registration or accreditation
candidate of a registered or accredited party REQUIRED in at least three newspapers of general
may be substituted. circulation and shall, after due notice and hearing,
resolve the petition within 15 from the date it is
With this, a person whose CoC has been denied submitted for decision.
due course to and/or cancelled under Section
78 cannot be substituted because he is not Political Campaigns, Campaign Finance and
considered a candidate. Hence, being a Voter Education and Information
cancelled CoC it is considered void ab initio RA 9006 (Fair Election Act)
and thus cannot give rise to a valid candidacy Section 12. Substitution of Candidates. – In case
and valid votes. of valid substitutions after the official ballots have
been printed, the votes cast for the substituted
Political Parties and Organizations candidates shall be considered as stray votes but
BP 881 SECTION 60. Political party. – “Political shall not invalidate the whole ballot. For this
party” or “party”, when used in this Act, means an purpose, the official ballots shall provide spaces
organized group of persons pursuing the same where the voters may write the name of the
ideology, political ideas or platforms of substitute candidates if they are voting for the
government and includes its branches and latter: Provided, however, That if the substitute
divisions. To acquire juridical personality, qualify it candidate of the same family name, this provision
for subsequent accreditation, and to entitle it to shall not apply.
the rights and privileges herein granted to political
parties, a political party shall first be duly Section 13. Authority of the COMELEC to
registered with the Commission. Any registered Promulgate Rules; Election Offenses. – The
political party that, singly or in coalition with COMELEC shall promulgate and furnish all political
others, fails to obtain at least ten percent of the parties and candidates and the mass media
votes cast in the constituency in which it entities the rules and regulations for the

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implementation of this Act, consistent with the

criteria established in Article IX-C, Section 4 of the Public expressions or opinions or discussions of
Constitution and Section 86 of the Omnibus probable issues in a forthcoming election or on
Election Code (Batas Pambansa Bldg. 881). Rules attributes of or criticisms against probable
and regulations promulgated by the COMELEC candidates proposed to be nominated in a
under and by authority of this Section shall take forthcoming political party convention shall not be
effect on the seventh day after their publication in construed as part of any election campaign or
at least two (2) daily newspapers of general partisan political activity contemplated under this
circulation. Prior to effectivity of said rules and Article.
regulations, no political advertisement or
propaganda for or against any candidate or Penera v. COMELEC
political party shall be published or broadcast A candidate is liable for an election offense only
through mass media. Violation of this Act and the for acts done during the campaign period, not
rules and regulations of the COMELEC issued to before. Any election offense that may be
implement this Act shall be an election offense committed by a candidate under any election
punishable under the first and second paragraphs law cannot be committed before the start of
of Section 264 of the Omnibus Election Code the campaign period.
(Batas Pambansa Bldg. 881). Penera ran for mayor during the May 2007
elections. A motorcade by her political party
BP 881 Sec. 79(b) was held. Thereafter, she filed her CoC.
The term “election campaign” or “partisan Because of this, Andanar filed a petition to
political activity” refers to an act designed to disqualify Penera for engaging in election
promote the election or defeat of a particular campaign before the start of the campaign
candidate or candidates to a public office which period. Andanar claimed that Penera and her
shall include: party mates went around Sta. Monica,
(1) Forming organizations, associations, clubs, announcing their candidacies and asking the
committees or other groups of persons for the people to vote for them in the coming
purpose of soliciting votes and/or undertaking any elections.
campaign for or against a candidate;
(2) Holding political caucuses, conferences, SC held that Penera did not engage in
meetings, rallies, parades, or other similar premature campaigning. Section 79(a) of the
assemblies, for the purpose of soliciting votes OEC defines a candidate as any person aspiring
and/or undertaking any campaign or propaganda for or seeking an elective public office, who has
for or against a candidate; filed a CoC. Furthermore, Section 15(3) of R.A.
(3) Making speeches, announcements or No. 8436, as amended by Section 13 of R.A. No.
commentaries, or holding interviews for or against 9369, provides that any person who files his
the election of any candidate for public office; Certificate of Candidacy within the period for
(4) Publishing or distributing campaign literature filing shall only be considered as a candidate
or materials designed to support or oppose the at the start of the campaign period for which
election of any candidate; or he filed his CoC. It also provides that unlawful
(5) Directly or indirectly soliciting votes, pledges or acts or omissions applicable to a candidate
support for or against a candidate. shall take effect only upon the start of the
aforesaid campaign period.
The foregoing enumerated acts if performed for
the purpose of enhancing the chances of The essential elements for violation of Section
aspirants for nomination for candidacy to a 80 of the Omnibus Election Code are:
public office by a political party, aggroupment, or 1) A person engages in an election campaign or
coalition of parties shall not be considered as partisan political activity;
election campaign or partisan election activity.

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2) The act is designed to promote the election firms, must be disclosed pursuant to Sec. 5.2(a)
or defeat of a particular candidate or of the Fair Election Act. This requirement is a
candidates; valid regulation in the exercise of police power
3) The act is done outside the campaign period. and effects the constitutional policy of
guaranteeing equal access to opportunities for
Nicholas-Lewis v. COMELEC public service. The nature of the speech
By banning partisan political activities or involved, as well as the Fair Election Act's
campaigning even during the campaign period purpose of ensuring political equality, calls into
within embassies, consulates, and other foreign operation the equality-based approach to
service establishments, regardless of whether it weighing liberty to express vis-a-vis equality of
applies only to candidates or whether the opportunities.
prohibition extends to private persons, it goes
beyond the objective of maintaining order Election surveys, when published, have a
during the voting period and ensuring a tendency to shape voter preferences. Their
credible election. publication partakes of the nature of election
Petitioner assails the constitutionality of Sec. propaganda. As such, election surveys are to be
36.8 of R.A. No. 9189 as amended by R.A. No. considered declarative speech in the context of
10590, which prohibits any person to engage in an electoral campaign properly subject to
partisan political activity abroad during the 30- regulation.
day overseas voting period. Petitioner argues
that the prohibition is a violation of Art. III Sec. Allowed and Disallowed Campaign Propaganda
4 of the 1987 Constitution and that the
prohibited partisan political activities, as BP 881 SECTION 82. Lawful election propaganda.
defined under the law, are acts of exercising – Lawful election propaganda shall include: (a)
free speech, expression, and assembly. Pamphlets, leaflets, cards, decals, stickers or other
written or printed materials of a size not more
SC: A law or regulation, even in the legitimate than eight and one-half inches in width and
interest of the government, may not be fourteen inches in length;
permitted to run over any of the rights of the (b) Handwritten or printed letters urging voters to
people enshrined in the Constitution. It is only vote for or against any particular candidate;
when the challenged restriction survives the (c) Cloth, paper or cardboard posters, whether
appropriate test will the presumption against framed or posted, with an area exceeding two
its validity will be overthrown. The questioned feet by three feet, except that, at the site and on
provision is clearly a restraint on one’s exercise the occasion of a public meeting or rally, or in
of right to campaign or disseminate campaign- announcing the holding of said meeting or rally,
related information. The perceived dangers streamers not exceeding three feet by eight feet
sought to be prevented by the restraints are in size, shall be allowed: Provided, That said
the purported risk of compromising the streamers may not be displayed except one week
integrity and order of our elections. Such risk before the date of the meeting or rally and that it
may occur only within premises where voting is shall be removed within seventy-two hours after
conducted, like in embassies, consulates, and said meeting or rally; or
other foreign service establishments. Hence, no (d) All other forms of election propaganda not
reason to impose a limitation on the protected prohibited by this Code as the Commission may
right to participate in partisan political activities authorize after due notice to all interested parties
exercised beyond said places. and hearing where all the interested parties were
given an equal opportunity to be heard: Provided,
SWS v. COMELEC That the Commission’s authorization shall be
The names of those who commission or pay for published in two newspapers of general
election surveys, including subscribers of survey circulation throughout the nation for at least

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twice within one week after the authorization has 1-UTAK v. COMELEC
been granted. The "captive-audience" doctrine recognizes
that a listener has a right not to be exposed to
Diocese of Bacolod v. COMELEC an unwanted message in circumstances in
Petitioners posted a tarpaulin containing the which the communication cannot be
heading “Conscience Vote” and lists candidates avoided.Thus, a government regulation based
as either “(Anti-RH) Team Buhay” with a check on the captive- audience doctrine may not be
mark, or “(Pro-RH) Team Patay” with an “X” justified if the supposed "captive audience"
mark. The electoral candidates were classified may avoid exposure to the otherwise intrusive
according to their vote on the adoption of the speech. The prohibition under Section 7(g)
RH Law. Those who voted for the passing of the items (5) and (6) of Resolution No. 9615 is not
law were classified by petitioners as comprising justified under the captive- audience doctrine;
“Team Patay,” while those who voted against it the commuters are not forced or compelled to
form “Team Buhay.” read the election campaign materials posted on
PUVs and transport terminals. Nor are they
Is the tarpaulin an election propaganda which incapable of declining to receive the messages
the COMELEC has the power to regulate? NO contained in the posted election campaign
materials since they may simply avert their eyes
While a tarpaulin may influence the success or if they find the same unbearably intrusive.
failure of the named candidates and political
parties, this does not necessarily mean that it is GMA Network v. COMELEC
election propaganda subject to the regulation Petitioners, owners/operators of radio and
by the COMELEC. The tarpaulin was not paid for television networks in the Philippines, assail the
or posted in return for consideration by any constitutionality of Sec. 9(a) of 2013 COMELEC
candidate, political party, or party-list group. Resolution No. 9615 which limited the
Personal opinions unlike sponsored messages broadcast and radio advertisement of
are not covered by COMELEC Resolution No. candidates and political parties for national
9615 defining political advertisement or election positions to an aggregate total of 120
election propaganda. The caricature on the minutes (television) and 180 minutes (radio)
tarpaulins, although not agreeable to some, is respectively, when previous elections of 2007
still protected by speech. and 2010 used the “per station” interpretation
of Sec. 6 of the Fair Election Act. Such a change
That petitioners chose to categorize them as was further accompanied by the Resolution’s
purveyors of death or of life on the basis of a Sec. 7(d) which penalized an offender in the
single issue—and a complex piece of legislation event they sell airtime to candidates in excess
at that—can easily be interpreted as an of the size, duration, or frequency authorized in
attempt to stereotype the candidates and party the new rules. Petitioners argue that it violates
list organizations. Not all may agree to the way the intent and purpose of the Fair Election Act
their thoughts were expressed, as in fact there and violates constitutional rights. COMELEC
are other Catholic dioceses that chose not to countered that the interpretation was more
follow the example of petitioners. But, the Bill harmonious with the intention of the Fair
of Rights enumerated in our Constitution is an Election Act, as it equalized access to media
enumeration of our fundamental liberties. It is during elections vis-a-vis the financial
not a detailed code that prescribes good capabilities of candidates.
conduct. It provides space for all to be guided
by their conscience, not only in the act that W/N the COMELEC rightfully restricted the
they do to others but also in judgment of the allowable television and airtime for
acts of others. campaigning to an aggregate basis rather than
a per-station basis? NO

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granted loans or other accommodations in excess

Secs. 6.2(a) and (b), which provide for the of P100,000 by the government or any of its
airtime of a candidate, do not justify a divisions, subdivisions or instrumentalities
conclusion that the maximum allowable airtime including government-owned or controlled
should be aggregate, or based on the totality of corporations;
broadcast from all stations. It is intended to be (f) Educational institutions which have received
a per-station basis. This is further seen in how grants of public funds amounting to no less than
the Fair Election Law actually repealed the P100,000.00;
political ad ban of Sec. 11 of the Electorial (g) Officials or employees in the Civil Service, or
Reforms Law of 1987 as well as Sec. 85 of the members of the Armed Forces of the Philippines;
Omnibus Election Code, thereby expanding and
candidates’ to broadcast time or print space (h) Foreigners and foreign corporations.
subject to limitations. Therefore, COMELEC It shall be unlawful for any person to solicit or
Resolution No. 9615 cannot be harmonious receive any contribution from any of the persons
with the expansive nature of the Fair Election or entities enumerated herein
Act if it essentially restricts the ability of
candidates to maximize their visibility through Maturan v. COMELEC
broadcasting spaces. Petitioner filed his certificate of candidacy for
the position of Provincial Governor of Basilan to
Campaign Contribution and Expenditures be contested in the 2016 National and Local
Elections. Patiño, claiming to be a registered
BP 881 SECTION 95. Prohibited contributions. – voter of Basilan, filed a petition for the
No contribution for purposes of partisan political disqualification of the petitioner on the ground
activity shall be made directly or indirectly by any that based on the list issued by the COMELEC
of the following: Campaign Finance Officer the latter had failed
(a) Public or private financial institutions: to file his SOCE corresponding to the 2010 and
Provided, however, That nothing herein shall 2013 elections.
prevent the making of any loan to a candidate or
political party by any such public or private Maturan opposed the opposed the petition for
financial institutions legally in the business of his disqualification by arguing that the petition
lending money, and that the loan is made in had been rendered moot on account of his
accordance with laws and regulations and in the withdrawal from the mayoralty race during the
ordinary course of business; 2013 elections; and that, consequently, he
(b) Natural and juridical persons operating a could only be held accountable for the failure
public utility or in possession of or exploiting any to file his SOCE corresponding to the 2010
natural resources of the nation; elections when he ran for Provincial Governor
(c) Natural and juridical persons who hold of Basilan. The COMELEC First Division issued a
contracts or sub-contracts to supply the resolution declaring him perpetually
government or any of its divisions, subdivisions or disqualified to hold public office. The petitioner
instrumentalities, with goods or services or to appealed the case to COMELEC en banc, but
perform construction or other works; was also denied hence this petition.
(d) Natural and juridical persons who have been
granted franchises, incentives, exemptions, Whether the imposition of perpetual
allocations or similar privileges or concessions by disqualification to hold public office for those
the government or any of its divisions, who failed to file their SOCE more than once is
subdivisions or instrumentalities, including gravely excessive and disproportionate ? (NO)
government-owned or controlled corporations;
(e) Natural and juridical persons who, within one The law would always enforce a statute like
year prior to the date of the election, have been R.A. No. 7166 unless there is a clear showing

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that it contravenes the Constitution. The With this, the legislature intended to ensure
petitioner has not demonstrated herein how equality between and among aspirants with
R.A. No. 7166 could have transgressed the deep pockets and those with less financial
Constitution. On the contrary, a review of R.A. resources. Congress understood the apparent
No. 7166 convincingly indicates that perpetual disparity between candidates who are
disqualification from public office has been members of political parties and candidates
prescribed as a penalty for the repeated failure who are not members of political parties. The
to file the SOCE and does not constitute cruel, political advantages which necessarily goes
degrading and inhuman punishment. with a candidate’s membership in a political
Moreover, that Congress has deemed fit to party include the machinery, goodwill,
impose the penalty of perpetual disqualification representation, and resources of the political
on candidates who repeatedly failed to file party. These advantages are not enjoyed by
their SOCEs cannot be the subject of judicial non-members of a political party. Thus, it is
inquiry. Congress has the absolute discretion to necessary that an independent candidate be
penalize by law with perpetual disqualification afforded equal chances.
from holding public office in addition to
administrative fines the seekers of public office Administrative Disqualification of Candidates and
who fail more than once to file their SOCEs. Political Parties for Violation of Campaign Rules
Such penalty is intended to underscore the
need to file the SOCE as another means of RA 6646 Section 6. Effect of Disqualification Case.
ensuring the sanctity of the electoral process. - Any candidate who has been declared by final
judgment to be disqualified shall not be voted for,
Authorized Expenses of Candidates and Political and the votes cast for him shall not be counted. If
Parties. — The aggregate amount that a candidate for any reason a candidate is not declared by final
or registered political party may spend for election judgment before an election to be disqualified and
campaign shall be as follows: he is voted for and receives the winning number
1. For Candidates. — Ten pesos (P10.00) for of votes in such election, the Court or Commission
President and Vice President; and for other shall continue with the trial and hearing of the
candidates Three Pesos (P3.00) for every voter action, inquiry, or protest and, upon motion of the
currently registered in the constituency where he complainant or any intervenor, may during the
filed his certificate of candidacy; Provided, That a pendency thereof order the suspension of the
candidate without any political party and without proclamation of such candidate whenever the
support from any political party may be allowed to evidence of his guilt is strong.
spend Five Pesos (P5.00) for every such voter; and
2. For political parties. — Five pesos (P5.00) for Codilla v. De Venecia et al.
every voter currently registered in the Section 6 of R.A. No. 6646 and Section 72 of the
constituency or constituencies where it has official OEC require a final judgment before the
candidates. election for the votes of a disqualified
candidate can be considered "stray." Hence,
Salvador v. COMELEC when a candidate has not yet been disqualified
With the amendment introduced by R.A. No. by final judgment during the election day and
7166, a distinction was made between a was voted for, the votes cast in his/her favor
candidate without a political party and without cannot be declared stray. To do so would
support from any political party and a amount to disenfranchising the electorate in
candidate with political party and who receives whom sovereignty resides. For in voting for a
support from a political party. The former is candidate who has not been disqualified by
allowed to spend the P5.00 cap, while the latter final judgment during the election day, the
is allowed to spend the P3.00 cap. people voted for him bona fide, without any
intention to misapply their franchise, and in the

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honest belief that the candidate was then Congress enacted RA 8436, the Election
qualified to be the person to whom they would Modernization Act, which authorized COMELEC
entrust the exercise of the powers of to adopt an automated election system (AES)
government. for the process of voting, counting of votes and
canvassing/consolidation of results of the
This principle applies with greater force in national and local elections. RA 9369 was then
the case at bar considering that the signed into law, amending among others
petitioner has not been declared by final certain provisions of RA 8436. In the
judgment to be disqualified not only before amendments, it allowed the political parties
but even after the elections. The Resolution of and candidates or their representatives to
the COMELEC Second Division disqualifying the examine and test the equipment or device to
petitioner did not attain finality, and hence, be used. And once an AES technology is
could not be executed, because of the timely selected for implementation, the COMELEC will
filing of a Motion for Reconsideration. make the source code of that technology
available and open to any interested political
Voting, Counting and Canvassing Process party or groups which may conduct their own
review thereof.
The Automated Election Law
COMELEC then issued resolutions allowing for
BANAT Partylist v. COMELEC the conduct of the source code review by the
Congress and the COMELEC en banc do not political parties and interested groups. From
encroach upon the jurisdiction of the PET and April 10 to 24, 2013, the parties conducted the
the SET. There is no conflict of jurisdiction since source code review for the Consolidated
the powers of Congress and the COMELEC en Canvassing System and Elections Management
banc, on one hand, and the PET and the SET, on System, but not for the Precinct Count Optical
the other, are exercised on different occasions Scan (PCOS) source code. This is because of
and for different purposes. Dominion Voting Systems (Dominion), and
Smartmatic TIM (Smartmatic)’s disagreement.
The PET is the sole judge of all contests relating As a result, there was a delay in the availability
to the election, returns and qualifications of the of the source code. Petitioners then filed the
President or Vice President. The SET is the sole instant Petition for Mandamus to compel
judge of all contests relating to the election, COMELEC to obtain the source code and to
returns, and qualifications of members of the make the same available for review of the
Senate. petitioners and other similarly situated
parties. During the oral arguments, Chairman
The jurisdiction of the PET and the SET can only Brillantes made commitments but failed to
be invoked once the winning presidential, vice comply with them. These commitments
presidential or senatorial candidates have been included making the source code available for
proclaimed. On the other hand, under Section review, and granting more time to parties to
37, Congress and the COMELEC en banc shall comply with the requirements to do so.
determine only the authenticity and due
execution of the certificates of canvass. W/N the petitioners may compel COMELEC to
Congress and the COMELEC en banc shall open the source code review for them and
exercise this power before the proclamation of those similarly situated parties? NO
the winning presidential, vice presidential, and
senatorial candidates The SC ruled in the negative stating that the
petitioners are not entitled to a writ of
Bagumbayan v. COMELEC (2019) mandamus since the matter ceased to become
a justiciable controversy, making it moot and

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academic. COMELEC issued Resolution 10423 or COMELEC CANNOT OPT TO BREACH THE
the Guidelines on the Conduct of the Local REQUIREMENTS OF THE LAW
Source Code Review of the Automated Election The COMELEC cannot opt to breach the
Systems for the 13 May 2019 National and requirements of the law to assuage its fears
Local Elections by Interested Parties and regarding the VVPAT. Vote-buying can be
Groups. This dictates the procedural due averted by placing proper procedures. The
process as regards to the source code. Thus the COMELEC has the power to choose the
Court holds that there has ceased to be a appropriate procedure in order to enforce the
justiciable controversy. In this case, the VVPAT requirement under the law, and balance
supervening event is found in the superseding it with the constitutional mandate to secure the
of the assailed resolutions on the source code secrecy and sanctity of the ballot.
review with a new resolution, which pertains to
the source code review for the upcoming 2019 Random Manual Audit
elections. In Resolution 10423, it is observed RA 9369 SEC. 25. A new Section 30 is hereby
that the COMELEC modified the qualifications provided to read as follows: "Sec. 30.
for the local source code reviewer Authentication of Electronically Transmitted
Election Results. - The manner of determining the
Election day, counting, result transmission, authenticity and due execution of the certificates
canvassing or consolidation, process and official shall conform with the provisions of Republic Act
proclamation process No. 7166 as may be supplement or modified by
the provision of this Act, where applicable, by
Bagumbayan v. COMELEC (2016) appropriate authentication and certification
By setting the minimum system capabilities of procedures for electronic signatures as provided
our automated election system, the law intends in Republic Act No. 8792 as well as the rules
to achieve the purposes set out in this promulgated by the Supreme Court pursuant
declaration. A mechanism that allows the voter thereto."
to verify his or her choice of candidates will
ensure a free, orderly, honest, peaceful, Bagumbayan v. COMELEC (2019)
credible, and informed election. The voter is not W/N COMELEC failed to comply with the
left to wonder if the machine correctly random manual audit requirement? NO
appreciated his or her ballot. The voter must
know that his or her sovereign will, with respect The allegation that there was a lack of
to the national and local leadership, was randomness in the manual audit as COMELEC
properly recorded by the vote-counting ordered the selection and disclosure of the
machines. subject precints is groundless, as “randomness”
refers to the random choice of the precinct per
COMELEC HAS A CONSTITUTIONAL DUTY TO congressional district, and not the disclosure of
ENFORCE THE LAW the precincts which were shown to have been
It is true that the COMELEC is given ample randomly selected. COMELEC complied by
discretion to administer the elections, but developing a system that replaced the previous
certainly, its constitutional duty is to “enforce manual method of random selection. Further,
the law.” The Commission is not given the this issue is moot due to the promulgation of
constitutional competence to amend or modify COMELEC Resolution No. 10458, aka General
the law it is sworn to uphold. Section 6( e ), (t), Instructions for the conduct of Random Manual
and (n) of RA 8436, as amended, is law. Should Audit relative to the 13 May 2019 Automated
there be policy objections to it, the remedy is to National and Local Elections and subsequent
have Congress amend it. elections thereafter.

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Rules on Appreciation of Votes

Sevilla v. COMELEC Failure of Elections

Idem Sonans Rule [Sec. 221 (7) of the Omnibus BP 881 SECTION 6. Failure of election. – If, on
Election Code] account of force majeure, violence, terrorism,
When a name or surname incorrectly written fraud, or other analogous causes the election in
has a sound similar to the name or surname of a any polling place has not been held on the date
candidate when correctly written shall be fixed, or had been suspended before the hour
counted in such candidate’s favor. fixed by law for the closing of the voting, or after
• In the present case, the name “Nanie G” the voting and during the preparation and the
written on the space allotted for transmission of the election returns or in the
Punong Barangay was validly credited custody or canvass thereof, such election results
to Gupit. in a failure to elect, and in any of such cases the
• There was another candidate “Nanie” failure or suspension of election would affect the
Ballagca y Gubat, but the court stated result of the election, the Commission shall, on
that such fact alone is insufficient to the basis of a verified petition by any interested
invalidate the ballot. party and after due notice and hearing, call for the
• Counting the ballot in favor of holding or continuation of the election not held,
respondent is in line with the principle suspended or which resulted in a failure to elect
that the primary objective of ballot on a date reasonably close to the date of the
appreciation is to discover and give election not held, suspended or which resulted in
effect to, rather than frustrate, the a failure to elect but not later than thirty days
intention of the voter. after the cessation of the cause of such
Neighborhood Rule postponement or suspension of the election or
• Where the name of a candidate is not failure to elect
written in the proper space in the ballot RA 7166 Section 4. Postponement, Failure of
but is preceded by the name of the Election and Special Elections. - The
office for which he is a candidate, the postponement, declaration of failure of election
vote should be counted as valid for said and the calling of special elections as provided in
candidate. Sections 5, 6 and 7 of the Omnibus Election Code
Intent Rule shall be decided by the Commission sitting en
• Originates from the principle that, in banc by a majority vote of its members. The
the appreciation of the ballot, the causes for the declaration of a failure of election
objective should be to ascertain and may occur before or after the casting of votes or
carry into effect the intention of the on the day of the election.
voter, if it could be determined with In case a permanent vacancy shall occur in the
reasonable certainty. Senate or House of Representatives at least one
Written by Two Rule (1) year before the expiration of the term, the
• Ballots which clearly appeared to have Commission shall call and hold a special election
been filed by two persons before being to fill the vacancy not earlier than sixty (60) days
deposited in the ballot box are null and nor longer than ninety (90) days after the
void occurrence of the vacancy. However, in case of
such vacancy in the Senate, the special election
Sec. 211 (19) of the Omnibus Election Code shall be held simultaneously with the succeeding
states that any vote in favor of a person who regular election.
has not filed a certificate of candidacy or in
favor of a candidate for an office for which he Dibaratun v. COMELEC, et. al.
did not present himself shall be considered as Respondent filed a petition before the
a stray vote COMELEC to declare a failure of elections in

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Precinct No. 6A/7A, Barangay Bagoainguid, violence, terrorism, fraud or other analogous
Tugaya, Lanao del Sur and to annul the causes;
proclamation of petitioner as the duly elected (2) the election in any polling place had been
Punong Barangay of Barangay Bagoainguid. The suspended before the hour fixed by law for the
COMELEC en banc granted the petition. Hence, closing of the voting on account of force majeure,
this petition. violence, terrorism, fraud or other analogous
causes; or
W/N the COMELEC en banc committed grave (3) after the voting and during the preparation and
abuse of discretion amounting to lack or excess transmission of the election returns or in the
of jurisdiction in declaring a failure of elections custody or canvass thereof, such election results in
in Precinct No. 6A/7A of Barangay Bagoainguid, a failure to elect on account of force majeure,
Tugaya, Lanao del Sur and in annulling the violence, terrorism, fraud or other analogous
proclamation of petitioner as the elected causes.
Punong Barangay? Before the COMELEC can act on a verified petition
seeking to declare a failure of elections, two
NO, the COMELEC en banc based its decision to conditions must concur: (1) no voting took place in
declare a failure of elections in Precinct No. the precinct or precincts on the date fixed by law,
6A/7A on the second instance stated in Section or even if there was voting, the election resulted in
6 of the Omnibus Election Code, that is, the a failure to elect; and (2) the votes not cast would
election in any polling place had been have affected the result of the elections. The cause
suspended before the hour fixed by law for the of such failure of election could only be any of the
closing of the voting on account of force following: force majeure, violence, terrorism, fraud
majeure, violence, terrorism, fraud or other or other analogous causes.
analogous causes. Given that both parties
agreed that the elections were suspended Postponement of Elections
before the hour fixed by law due to violence
caused by undetermined persons, there was BP 881 SECTION 5. Postponement of election. –
obviously a failure of elections in the When for any serious cause such as violence,
aforementioned precinct. terrorism, loss or destruction of election
paraphernalia or records, force majeure, and
The COMELEC, as the administrative agency other analogous causes of such a nature that the
and specialized constitutional body charged holding of a free, orderly and honest election
with the enforcement and administration of all should become impossible in any political
laws and regulations relative to the conduct of subdivision, the Commission, motu proprio or
an election, plebiscite, initiative, referendum, upon a verified petition by any interested party,
and recall, has the expertise in its field so that and after due notice and hearing, whereby all
its findings and conclusions are generally interested parties are afforded equal opportunity
respected by and conclusive on the Court. Thus, to be heard, shall postpone the election therein to
the Court agrees with the COMELEC that the a date which should be reasonably close to the
elections in Precinct No. 6A/7A were suspended date of the election not held, suspended or which
before the hour fixed by law for the closing of resulted in a failure to elect but not later than
the voting due to violence. thirty days after the cessation of the cause for
such postponement or suspension of the election
The following are the three instances when a or failure to elect.
failure of elections may be declared by the
Commission: Post-Election Disputes
(1) the election in any polling place has not been
held on the date fixed on account of force majeure, ART. VI SECTION 17. The Senate and the House of
Representatives shall each have an Electoral

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Tribunal which shall be the sole judge of all During the 2013 elections, petitioner Regina
contests relating to the election, returns, and Ongsiako Reyes was proclaimed the winner and
qualifications of their respective Members. Each took her oath of office for the position of
Electoral Tribunal shall be composed of nine Member of the House of Representatives (HoR)
Members, three of whom shall be Justices of the for the lone congressional district of
Supreme Court to be designated by the Chief Marinduque. However, prior to her
Justice, and the remaining six shall be Members of proclamation, the COMELEC en banc, acting on
the Senate or the House of Representatives, as a petition to cancel Reyes’ Certificate of
the case may be, who shall be chosen on the basis Candidacy (CoC), ruled that petitioner does not
of proportional representation from the political possess Filipino citizenship and residency.
parties and the parties or organizations registered Petitioner Reyes claims that it is the House of
under the party-list system represented therein. Representatives Electoral Tribunal (HRET) which
The senior Justice in the Electoral Tribunal shall be has exclusive jurisdiction over her qualifications
its Chairman. as a member of the HoR and COMELEC gravely
abused its discretion when it took cognizance of
ART. VII SECTION 4. (last paragraph) The Supreme the cancellation case against her.
Court, sitting en banc, shall be the sole judge of all
contests relating to the election, returns, and W/N the COMELEC is without jurisdiction over
qualifications of the President or Vice- President, Reyes, who was “proclaimed” winner and who
and may promulgate its rules for the purpose. has already taken her oath of office for the
position of Member of the House of
ART. IX-C SECTION 2. The Commission on Representatives for the lone congressional
Elections shall exercise the following powers and district of Marinduque – NO
functions: xxx (2) Exercise exclusive original
jurisdiction over all contests relating to the The Supreme Court held that the HRET has no
elections, returns, and qualifications of all elective jurisdiction over her case as COMELEC has
regional, provincial, and city officials, and jurisdiction over the petitioner’s CoC, its due
appellate jurisdiction over all contests involving course or its cancellation, which determines
elective municipal officials decided by trial courts who can be legally proclaimed. After a
of general jurisdiction, or involving elective COMELEC en banc decision, no certificate
barangay officials decided by trial courts of limited cancellation can go to the HRET. The HRET’s
jurisdiction. Decisions, final orders, or rulings of constitutional authority is over the HoR
the Commission on election contests involving Members. Petitioner is not a Member of the
elective municipal and barangay offices shall be HoR as her proclamation has no effect due to
final, executory, and not appealable. the prior cancellation of her CoC by the
COMELEC en banc.
ART. IX-C SECTION 3. The Commission on
Elections may sit en banc or in two divisions, and Pre-Proclamation Controversies
shall promulgate its rules of procedure in order to
expedite disposition of election cases, including COMELEC RULES OF PROCEDURE SEC. 1
pre-proclamation controversies. All such election Jurisdiction of the Commission in Pre-
cases shall be heard and decided in division, Proclamation Controversies. - The Commission
provided that motions for reconsideration of has exclusive jurisdiction in pre-proclamation
decisions shall be decided by the Commission en controversies arising from national, regional or
banc. local election. A pre-proclamation controversy
may be raised by any candidate or by any
Jurisdiction of Tribunals registered political party, organization, or coalition
of political parties before the board of canvassers
Ongsiako-Reyes v. COMELEC or directly with the Commission.

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Sec. 4. Issues that May Be Raised in the Pre-

Proclamation Controversies. –
• Illegal composition or proceedings of the
board of canvassers;
• The canvassed election returns, or the
certificate of canvass in appropriate
cases, are incomplete, contain material
defects, appear to be tampered with or
falsified, or contain discrepancies in the
same returns or in other authentic copies
thereof;
• The election returns or certificate of
canvass were prepared under duress,
threats, coercion, or intimidation, or they
are obviously manufactured or not
authentic; and
• When substitute or fraudulent returns or
certificates of canvass in controverted
polling places were canvassed, the results
of which materially affected the standing
of the aggrieved candidate or candidates.
• Correction of manifest errors.

Election Contests

Election Protest

Quo Warranto

Appeals and Civil Actions

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