Ricardo Jesus E.

Gutierrez

Table of Remedies under Philippine Election Law

Petition to deny due
Petition for
course or cancel a Petition to Declare
Disqualification Preproclamation Election Protest Petition for Quo
Certificate of Failure of Elections
(Section 68 and Contest (Article XX) (Article XXI) Warranto (Section 253)
Candidacy (Section 78 (Section 6)
Section 12)
in relation to 74)
Case law has already A petition for Under the pertinent A pre-proclamation An election protest is a A petition for quo
likened a proceeding disqualification under codal provision of the controversy refers to any contest between the warranto under the
under Section 78 to a Section 68 refers to "the Omnibus Election Code, question pertaining to or defeated and winning Omnibus Election Code
quo warranto proceeding commission of prohibited there are only three (3) affecting the proceedings candidates on the raises in issue the
under Section 253 of the acts and possession of a instances where a failure of the board of ground of frauds or disloyalty or ineligibility
OEC since they both permanent resident of elections may be canvassers which may irregularities in the of the winning
deal with the eligibility status in a foreign declared, namely: (a) be raised by any casting and counting of candidate. It is a
or qualification of a country." All the offenses the election in any candidate or any the ballots, or in the proceeding to unseat the
candidate, with the mentioned in Section 68 polling place has not registered political party preparation of the respondent from office
distinction mainly in the refer to election offenses been held on the date or coalition of political returns. It raises the but not necessarily to
fact that a "Section 78" under the Omnibus fixed on account of force parties before the board question of who actually install the petitioner in
petition is filed before Election Code. (Tea v. majeure, violence, or directly with the obtained the plurality of his place. (Samad v.
proclamation, while a COMELEC, GR. No. terrorism, fraud, or other Commission, or any the legal votes and COMELEC, GR. No.
petition for quo warranto 195229, October 9, analogous causes; (b) matter raised under therefore is entitled to 107854, July 16,
is filed after 2012) the election in any Sections 233, 234, 235 hold the office. (Samad 1993)
proclamation of the polling place had been and 236 in relation to v. COMELEC, GR. No.
winning candidate. suspended before the the preparation, 107854, July 16,
(Fermin v. COMELEC, hour fixed by law for the transmission, receipt, 1993)
Nature,
GR. 179695, December closing of the voting on custody and
scope,
18, 2008) account of force majeure, appreciation of the
function
violence, terrorism, election returns.
The denial of due course fraud, or other (Section 241, OEC)
to or the cancellation of analogous causes; or (c)
the CoC is not based on after the voting and
the lack of qualifications during the preparation
but on a finding that the and transmission of the
candidate made a election returns or in the
material representation custody or canvass
that is false, which may thereof, such
relate to the election results in a
qualifications required of failure to elect on
the public office he/she account of force majeure,
is running for. (Jalosjos violence, terrorism,
v. COMELEC, GR. No. fraud, or other
193237, October 9, analogous causes.
2012) (Carlos v. Angeles, GR.
No. 142907, November
29, 2000)
Grounds Any material Any candidate who does On account of force (1) Illegal composition or Frauds or irregularities (1) Ineligibility;
representation contained not possess all the majeure, violence, proceedings of the board in the casting and
in the Certificate of qualifications of a terrorism, fraud or other of canvassers; counting of the ballots, (2) Disloyalty to the
Candidacy as required candidate as provided for analogous causes the or in the preparation of Republic of the
by law is false. by the Constitution or by election in any precinct (2) The canvassed the returns (Samad v. Philippines (Section
existing law or who has not been held on the election returns are COMELEC, supra) 253)
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 (See Section 78 in commits any act date fixed, or had been incomplete, contain
relation to Section 74 declared by law to be suspended before the material defects, appear Electoral frauds,
of the Omnibus grounds for hour fixed by law for the to be tampered with or anomalies or
Election Code (“OEC”)) disqualification may be closing of the voting, or falsified, or contain irregularities in the
disqualified from after the voting and discrepancies in the protested precincts.
continuing as a during the preparation same returns or in other (Section 11 of Rule 2,
candidate. (Section 1 of and the transmission of authentic copies thereof Supreme Court Rules
Rule 25, Rules the election returns or in as mentioned in Sections of Procedure in
Governing Pleadings, the custody of canvass 233, 234, 235 and 236 Election Contests)
Practice, Procedure thereof, such election of this Code;
before the COMELEC or results in a failure to
any of its Offices) elect, and in any of such (3) The election returns
cases the failure or were prepared under
(See Sections 68 and suspension of election duress, threats,
12, OEC) would affect the result of coercion, or intimidation,
the election (Section 2 or they are obviously
of Rule 26, Rules manufactured or not
Governing Pleadings, authentic; and
Practice, Procedure
before the COMELEC or (4) When substitute or
any of its Offices) fraudulent returns in
controverted polling
(See Section 6, OEC) places were canvassed,
the results of which
materially affected the
standing of the aggrieved
candidate or candidates.

(See Section 243, OEC)

Any citizen of voting age Any citizen of voting age, Any interested party Any candidate or by any Any candidate who has Any voter (Section 253,
or a duly registered or duly registered (Section 2 of Rule 26, registered political party, duly filed a certificate of OEC)
political party, political party, Rules Governing organization, or coalition candidacy and has been
organization, or coalition organization or coalition Pleadings, Practice, of political parties voted for the same office
or political parties of political parties Procedure before the (Section 1 of Rule 27, (Sections 250-252,
Who
(Section 1 of Rule 23, (Section 2 of Rule 25, COMELEC or any of its Rules Governing OEC)
may file
Rules Governing Rules Governing Offices) Pleadings, Practice,
Pleadings, Practice, Pleadings, Practice, Procedure before the
Procedure before the Procedure before the COMELEC or any of its
COMELEC or any of its COMELEC or any of its Offices)
Offices) Offices)
Where Law Department of the Law Department of the COMELEC En Banc (1) Board of Canvassers; (1) If contest involves any (1) If the petition involves
filed Commission (Section 1 Commission (Section 2 or Member of the House of any Member of the
of Rule 23, Rules of Rule 25, Rules Representative or any House of Representatives
Governing Pleadings, Governing Pleadings, (2) Directly with regional, provincial, or or any regional,
Practice, Procedure Practice, Procedure COMELEC Division city, COMELEC Division provincial, or city,
before the COMELEC or before the COMELEC or (Section 250, OEC COMELEC Division
any of its Offices) any of its Offices)
(2) If the contest involves (2) If the petition involves
a municipal officer, any municipal or
proper Regional Trial barangay officer, proper
Court (Section 251, Regional Trial Court or
OEC) Municipal Trial Court,
respectively (Section
(3) If the contest involves 253, OEC)

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 a barangay officer,
proper Municipal or
Metropolitan Trial Court
(Section 252, OEC)

Verified Petition Verified petition Verified Petition (1) Motu proprio Verified Petition with Sworn Petition (Section
Certification against 7 of Rule 2, Supreme
Heard summarily after Heard summarily after After due notice and (2) Upon written petition, Forum Shopping Court Rules of
How
due notice due notice hearing (Section 7 of Rule 2, Procedure in Election
filed
After due notice and Supreme Court Rules Contests)
hearing of Procedure in
Election Contests)
Within five (5) days Any day after the last Any time before Within 10 days after the Within 10 days after the
following the last day for day for filing of proclamation proclamation of the proclamation of the
the filing of certificate of certificates of candidacy results of the election results of the election
candidacy (Section 2 of but not later than the Except if petition for
Rule 23, Rules date of proclamation correction, which must
When Governing Pleadings, (Section 3 of Rule 25, be filed not later than 5
may be Practice, Procedure Rules Governing days following the date
filed before the COMELEC or Pleadings, Practice, of proclamation (Section
any of its Offices) Procedure before the 5(b) of Rule 27, Rules
COMELEC or any of its Governing Pleadings,
Offices) Practice, Procedure
before the COMELEC or
any of its Offices)
Contents (See Grounds, above) (See Grounds, above) (See Grounds, above) (See Grounds, above) (1) the position involved; (1) the position involved;
of the
Petition (2) the date of (2) the date of
proclamation; and proclamation; and

(3) the number of votes (3) the number of votes

credited to the parties credited to the parties
per proclamation. An per proclamation. An
election protest shall election protest shall
also state: also state:

(4) the total number of (4) the total number of

precincts of the precincts of the
municipality or the municipality or the
barangay concerned; barangay concerned;

(5) the protested (5) the protested

precincts and votes of precincts and votes of
the parties in the the parties in the
protested precincts per protested precincts per
the Statement of Votes the Statement of Votes
By Precinct or, if the By Precinct or, if the
votes of the parties are votes of the parties are
not specified, an not specified, an
explanation why the explanation why the
votes are not specified; votes are not specified;
and and

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 (6) a detailed (6) a detailed
specification of the acts specification of the acts
or omissions complained or omissions complained
of showing the electoral of showing the electoral
frauds, anomalies or frauds, anomalies or
irregularities in the irregularities in the
protested precincts. protested precincts.
(Section 11 of Rule 2, (Section 11 of Rule 2,
Supreme Court Rules Supreme Court Rules
of Procedure in of Procedure in
Election Contests) Election Contests)

A party aggrieved by a (1) For contests involving Within five (5) days after
ruling of the Board of a barangay officer, promulgation of the
Canvassers shall, within Regional Trial Court decision of the court, the
forty-eight hours from within 10 days from the aggrieved party may file
receipt of a copy of the receipt of the decision of with said court a notice
ruling of the Board of the Municipal Trial of appeal, and serve a
Canvassers, file with the Court copy thereof upon the
Board a written and attorney of record of the
verified Notice of Appeal; (2) Within five (5) days adverse party. (Section
and within an after promulgation of the 2 of Rule 22, Rules
inextendible period of decision of the court, the Governing Pleadings,
Appeal
five (5) days, he shall file aggrieved party may file Practice, Procedure
his appeal to the with said court a notice before the COMELEC or
Commission. (Section of appeal, and serve a any of its Offices)
10 of Rule 27, Rules copy thereof upon the
Governing Pleadings, attorney of record of the
Practice, Procedure adverse party. (Section
before the COMELEC or 2 of Rule 22, Rules
any of its Offices) Governing Pleadings,
Practice, Procedure
before the COMELEC or
any of its Offices)