PRE- GROUNDS PERIOD COURT OF APPELLATE
PROC ORIGIN COURT
SEC 78 Petition to deny course COC due to material misrepresentation as to citizenship, residence, 25 days from 1. COMELEC SC under
eligibility, allegiance, age, reverting of dual citizen status if used foreign passport after filing of COC division R65 in re
repatriation 2. COMELEC en R64
banc thru MR
SEC 68 Petition for disqualification: any day after 1. COMELEC SC under
National positions (Sec 12, 68 OEC) last day of filing division R65 in re
1. Any person who has been declared by competent authority insane or incompetent of coc but not 2. COMELEC en R64
2. has been sentenced by final judgment for subversion, insurrection, rebellion or for later than the banc thru MR
any offense for which he has been sentenced to a penalty of more than eighteen date of
months or for a crime involving moral turpitude proclamation
EXN
a. pardon or granted amnesty
b. deemed removed after the expiration of a period of five years from his
service of sentence, unless within the same period he again becomes
disqualified.
3. given money or other material consideration to influence, induce or corrupt the
voters or public officials performing electoral functions; (b) committed acts of
terrorism to enhance his candidacy; (c) spent in his election campaign an amount in
excess of that allowed by this Code;
4. SECTION 89. Transportation, food and drinks.
5. SECTION 95. Prohibited contributions.
6. SECTION 96. Soliciting or receiving contributions from foreign sources.
7. SECTION 97. Prohibited raising of funds
8. SECTION 104. Prohibited donations by candidates, treasurers of parties or their
agents.
9. SECTION 80. Election campaign or partisan political activity outside campaign
period.
10. SECTION 83. Removal, destruction or defacement of lawful election propaganda
prohibited.
11. SECTION 86. Regulation of election propaganda through mass media
12. Election Offenses
Local positions
1. Those sentenced by final judgment for an offense involving moral turpitude or for an
offense punishable by one (1) year or more of imprisonment, within two (2) years
after serving sentence;
2. Those removed from office as a result of an administrative case
3. Those convicted by final judgment for violating the oath of allegiance to the
Republic;
4. Those with dual citizenship
5. Fugitives from justice in criminal or non-political cases here or abroad;
6. Permanent residents in a foreign country or those who have acquired the right to
reside abroad and continue to avail of the same right after the effectivity of this
Code;
7. The insane or feeble-minded.
SEC 69 motu proprio or upon a verified petition of an interested party, refuse to give due course to at any time 1. COMELEC
or cancel a certificate of candidacy if it is shown that said certificate has been filed to before the division
1. put the election process in mockery or disrepute election 2. COMELEC
2. to cause confusion among the voters by the similarity of the names of the registered en banc thru
candidates or by other circumstances MR
3. acts which clearly demonstrate that the candidate has no bona fide intention to run for
the office for which the certificate of candidacy has been filed and thus prevent a faithful
determination of the true will of the electorate.
FAILURE Instances when failure of elections may be declared on account of force majeure, violence, COMELEC en
OF terrorism, fraud or analogous cases banc
ELECTION 1. election in any polling place has not been held
2. election in any polling place had been suspended before the hour fixed by law for the
closing of the voting
3. after the voting and during the preparation and transmission of the election returns or in
the custody of canvass thereof such election results in failure to elect
requisites:
1. no voting took place in the precinct/s on the date fixed by law , or even if there was
voting, the election resulted in a failure to elect (at least 50%)
2. votes cast would have affected the results
3. cause of such failure are the grounds specified
Instances when elections may be postponed: When for any serious cause such as
violence, terrorism, loss or destruction of election paraphernalia or records, force
majeure, and other analogous causes of such a nature that the holding of a free,
orderly and honest election should become impossible in any political subdivision,
PRE-PRO Only for: Provincial, City and Municipal Offices. BOC or
CONTRO- 1. Questions affecting the composition or proceedings of the board of canvassers COMELEC
VERSY 2. Sections 233, 234, 235 and 236 of the Omnibus Election Code in relation to the BOC only
preparation, transmission, receipt, custody and appreciation of the election returns,
and the certificates of canvass
a. when election returns are delayed, lost or destroyed
b. material defects in the election returns
c. when election returns appear to be tampered with of falsified
d. discrepancies in election returns
3. for President, Vice-President, Senator and Member of the House of Representatives, Parties adversely affected by a
ruling of the board of canvassers on
GR: no pre-proclamation cases shall be allowed on matters relating to the questions affecting the composition
preparation, transmission, receipt, custody and appreciation of the election returns or or proceedings of the board may
the certificates of canvass, as the case may be appeal the matter to the
Commission within three (3) days
EXN: this does not preclude the authority of the appropriate canvassing body motu from a ruling thereon. The
propio or upon written complaint of an interested person to correct manifest errors in Commission shall summarily
the certificate of canvass or election returns before it. decided the case within five (5)
days from the filing thereof.
ELECTION DISPUTES
Election Grounds Period Court of origin Appellate court
contest Candidate voted for same within 10 days after MTC (brgy) to RTC within 10 days from receipt of
office based on proclamation copy (final)
1. Fraud prescriptive period is RTC (municipal) to COMELEC within five (5) days from
2. terrorism suspended if there is a promulgation or receipt of a copy thereof
3. irregularities pending pre- by the aggrieved party. (unappealable)
4. illegal acts proclamation COMELEC division COMELEC en banc
committed before, controversy within same (regional, provincial and
during or after parties city elective officials)
casting and counting
of votes
election returns and qualifications of respective members who HRET SC
have been proclaimed, taken oath before HR speaker during
open session and assumed office
election returns and qualifications of Senators SET SC
election returns and qualifications of Pres and VP SC as PET
Congress as canvassers upon determining and authenticity
and due execution of certificates of canvass
Quo by registered voter based on within 10 days after MTC RTC within 5 days after receipt of copy of
warranto ineligibility or disloyalty proclamation decision
RTC An aggrieved party may appeal the
A decision of the decision to the Commission on Elections,
Commission on Elections, within five days after promulgation,
either in division or en COMELEC Division
banc, in a disqualification
case shall not bar the filing
of a petition for quo
warranto based on the
same ground, except
when the Supreme Court
has affirmed the
COMELEC decision.
