ELECTION LAW voting and counting of votes (Pangilinan v.

COMELEC)
- In such cases, the COMELEC, as a rule, is
divested of jurisdiction to continue to hear and
Filing of Motion for Reconsideration
decide the petition for disqualifications or for
- Decisions or final orders in election cases
cancellation of the certificate of candidacy, in
cognizable by the COMELEC in division at the
favor of the electoral tribunal, EXCEPT where
first instance become final and executory unless
proclamation is null and void (Codilla, Sr. v. De
a Motion for Reconsideration thereof is filed
Venecia, 2002)
within 5 days from the notice thereof
- Where an MR is filed, the same suspends the
Petition for Disqualification of Elective Barangay
execution of the decision of the COMELEC in
Official
division, and its executing said decision
- The COMELEC has NO jurisdiction over
notwithstanding the filing for said MR is invalid
petitions for disqualifications of elective
(Codilla, Jr. v. De Venecia)
barangay officials filed before elections (Millare
- The decision or final resolution of the COMELEC
v. Geroeela)
En Banc may be challenged by a Petition for
- The municipal or metropolitan trial courts HAS
Certiorari (Rule 64 and 65)
jurisdiction over petitions for disqualifications as
- An MR of the decision or final resolution of the
well as for quo warranto and election protest
COMELEC En Banc is prohibited, and if one is
involving barangay election officials.
filed, it will not suspend the running of the
- The jurisdiction of the COMELEC is
30-day period to file the Petition for Certiorari
merely appellate, from appeals from
with the Supreme Court
decisions of the municipal or
- HOWEVER, in cases which are cognizable by
metropolitan trial courts (Taule v.
the COMELEC En Banc in the first instance, an
Santos)
MR of its decision is not a prohibited pleading
- For instance, it is the COMELEC En Banc that
Judicial Review of COMELEC Decisions
has the power to determine whether or not a
- The Supreme Court HAS NO general powers of
probable cause exists to prosecute election
supervision over COMELEC, except those which
offenses. An MR of its resolution finding
the Constitution specifically grants to it, i.e., to
probable cause is allowed before the losing
review its decisions, orders, and rulings within
party may file a Petition for Certiorari (Faelnar v.
the limited terms of a petition for certiorari
People, 331 SCRA 429)
(Aquino v. COMELEC, GR No. 211789-90,
- If the motion is denied, the aggrieved party may
March 17, 2025)
file the petition within the remaining period, but
- The findings of fact of COMELEC, when
which shall not be less than 5 days in any event,
supported by substantial evidence, are final,
reckoned from the notice of denial
non-reviewable, and binding upon the
Supreme Court. It is the specialized agency
What if the candidate involved is a congressional or
tasked with the supervision of elections all over
senatorial candidate?
the country. Once given an issue to resolve, it
- Where the petition for disqualification is filed
must examine the records of protest, evidence
BEFORE the election but no restraining order
given by the parties, and the relevant election
has been issued against the proclamation of the
documents (Basmala v. COMELEC, GR No.
winning candidate, and as a result he is
176724, October 6, 2012)
proclaimed, the petition must be dismissed, and
- A resolution of the COMELEC En Banc may be
the complainant’s remedy is a petition filed with
reviewed by the Supreme Court by certiorari
the Electoral Tribunal either for quo warranto in
filed with the latter, within 30 days from the
cases involving eligibility or disloyalty to the
promulgation thereof (Falnar v. COMELEC, 331
Republic of the Philippines or an election protest
SCRA 429)
involving election frauds, election offenses such
- The 30-day rule applies to final orders, rulings,
as vote buying and other irregularities in the
and decisions of the COMELEC rendered in the

1 Election Law | Oebanda 2024

 exercise of its adjudicatory or quasi-judicial 7. To annul an illegal canvas (Salcedo, Jr. v.
powers, not in the exercise of its COMELEC)
administrative function to enforce and 8. To transfer polling places (OEC, Art. XIII, Sec.
administer election laws to ensure an orderly 153)
election. The issuance of a Resolution on the 9. To transfer venue of canvassing of votes
allocation of party-list seats is in the exercise of 10. To order opening of ballot boxes (OEC, Art. XXI,
the administrative, not quasi-judicial powers, of Sec. 255)
the COMELEC (Partido ng Manggagawa v. 11. To conduct initiative and plebiscite (Art. IX-C,
COMELEC, GR No. 164702, March 15, 2006) Sec. 2, 1987 Constitution)
12. To investigate and prosecute election offenses
Insert missing slides (OEC, Art. XXII, Sec. 265)
13. To deputize, with the concurrence of the
Jurisdiction to Order Special Elections President, law enforcement agencies, and
- COMELEC had NO POWER to call for the instrumentalities of the government (Art. IX-C,
holding of special elections UNLESS pursuant to Sec. 2, Pr. 4, 1987 Constitution)
a specific statutory grant (Datu Michael Abas
Kida, et al v. Senate of the Philippines) Judicial Functions (Division)
- The power to fix the date of elections is - Disqualification
essentially legislative in nature. After Congress - Election Protest
has so acted, neither the Executive nor the - Quo Warranto
Judiciary can act to the contrary by ordering - Pre-Proclamation
special elections instead at the call of the - Annulment of Proclamation
COMELEC. The Court, particularly, cannot - Intra- and Inter-Party
make this call without thereby supplanting the - Cancellation fo a Certificate of Candidacy
legislative decision and effectively legislating - Leadership (Not expulsion of member)
(Datu Michael Abas Kida, et al v. Senate of the - Registration of Political Parties
Philippines)
Administrative Functions (En Banc)
Specific Powers of COMELEC - Canvassing of Failure of Elections
1. To declare failure of elections (OEC, Sec. 6) - Postponement of Elections
2. To call for special elections (OEC, Sec. 7) - Election Offense (Filing of Information
3. To postpone elections (OEC, Sec. 5) - Annulment of Book of Voters
4. To correct manifest errors in election documents - Cancellation of Certificate of Candidacy based
- After proclamation, any alteration or on final judgment of conviction with ancillary
amendment, whether due to clerical penalty of disqualification
error or otherwise, cannot be made - Allocation of party-list seats
without the intervention of a competent - Accreditation of Major Parties 8
court (De Leon v. Imperial)
- With the introduction of the PCOS Stand-By Power of COMELEC
system, every copy should be as good - If it shall no longer reasonably possible to
as clear as the first one. Hence, the observe the periods and dates prescribed by law
problem of manifest errors might be a for certain pre-election acts, the Commission
thing of the past shall fix other periods and dates in order to
5. To order re-canvas of votes ensure accomplishment of the activities so
- Re-canvas of votes may be made even voters shall not be deprived of their suffrage
AFTER proclamation when its valid - This stand-by power, however, does not apply
order directing the suspension of the to fixing the date of registration of voters
proclamation has been violated (Javier because Sec. 8 of RA 8189 (The Voter’s
v. COMELEC) Registration Act of 1996), which provides for a
6. To annul or suspend proclamation of elected continuing registration of voters, specifically
candidates (Salcedo, Jr. v. COMELEC) states that, No registration shall, however, be

2 Election Law | Oebanda 2024

 conducted during the period starting 120 profession, employment in private or
days before a regular election and 90 days public service, educational activities,
before a special election. work in military or naval reservations,
- Article IX-C, Sec. 2, Par. 3 – COMELEC has service in the army, navy or air force, the
NO power to decide questions involving the right constabulary or national police force, or
to vote confinement or detention in government
- COMELEC has NO jurisdiction to resolve the institutions in accordance with law, shall
issue regarding the right to vote, the same being be deemed not to have lost his original
cognizable by the courts in the proceedings for residence.
the exclusion or inclusion of voters (Canicosa v. - Distinction between Residence and Domicile
COMELEC, GR No. 120318) - Residence
- COMELEC has NO power to include and - Involves the intent to leave
exclude voters. Currently, jurisdiction to decide when the purpose for which the
controversies on inclusion or exclusion of voters resident has taken up his abode
belong to the Municipal Trial Court - One may seek a place for
purposes such as pleasure,
Qualifications of Voters – Article V, Section 1, 1987 business, or health
Constitution - Residence is used to indicate a
1. Citizenship – Filipino Citizen place of abode, whether
- It is incumbent upon one who claims permanent or temporary
Philippine citizenship to prove to the - Domicile
satisfaction of the court that he is really - Denotes a fixed permanent
Filipino. No presumption can be residence to which when
indulged in favor of the claimant of absent, one has the intention of
Philippine citizenship, and any doubt returning
regarding citizenship must be resolved - If a person’s intent be to remain, it
in favor of the State (Go v. Ramos, GR becomes his domicile
Nos. 167569-70) - If his intent is to leave as soon as his
2. Age – At least 18 years of age purpose is established, it is residence
- Any person, who, on the day of - Residence for election purposes is used
registration may not have reached the synonymously with domicile
required age but, who, on the day of the - It is normal for an individual to have
election shall possess such different residences in various places.
qualifications, may register as a voter However, a person can only have a
(RA 8189, Sec. 9) single domicile, unless, for various
3. Residence – Resident of the Philippines for reasons, he successfully abandons his
at least 1 year and of the place where he domicile in favor of another domicile by
proposes to vote for at least 6 months choice (Romualdez-Marcos v.
- For purposes of the election laws, the COMELEC, GR No. L-6379)
requirement of residence is synonymous - A Domicile by Origin is acquired by
with domicile, meaning that a person every person at birth. It is usually the
must not only intend to reside in a place where the child’s parents reside,
particular place but must also have and continues until the same is
personal presence in such place abandoned by acquisition of a new
coupled with conduct indicative of such domicile.
intention (Jalosjos v. COMELEC, GR 4. Not disqualified by law
No. 191970) - No literacy, property or other substantive
- OEC, Sec. 117 requirement such as education, sex, or
- Any person who transfers residence to taxpaying ability shall be imposed on the
another city, municipality, or country exercise of suffrage
solely by reason of his occupation, - MUST be a registered voter

3 Election Law | Oebanda 2024

Disqualifications of Voters – OEC, Art. XII, Sec. 118 Constitution, statute books, and other
1. Person convicted by final judgment to suffer repositories of law (Akbayan-Youth et. al, v.
imprisonment for not less than 1 year, UNLESS COMELEC, GR No. 147066)
pardoned or granted amnesty. However, the - The period within which voters may register to
right to vote is reacquired upon expiration of 5 vote is set by law and cannot be changed by
years after service of sentence mere resolution of the COMELEC (Kabataan
2. Person adjudged by final judgment as having Party-list Representative - Raymond Palatino,
committed any crime involving disloyalty to et. al. v. COMELEC, GR No. 189868)
government or any crime against national
security. However, the right to vote is Mandatory Biometrics Voter Registration
reacquired upon expiration of 5 years after - RA 10367 – An Act Providing for Mandatory
service of sentence Biometrics Voter Registration, February 15,
3. Insane or incompetent person as declared by 2013
competent authority - Biometrics – Refers to the quantitative analysis
that provides a positive identification of an
Registration of Voters individual such as voice, photograph, fingerprint,
- Registration – Shall be done within the signature, iris and/or such other identifiable
registration period fixed by the COMELEC features
- Registration does not confer the right to - PURPOSE: To establish a clean, completer,
vote; it is but a condition precedent to permanent and updated list of voters through the
the exercise of the right. Registration is adoption of biometric technology
a regulation, not a qualification (Yra v. - Effect of Failure to Submit for Validation
Abano, GR No. 30187) - Voters who fail to submit for validation
- Registration Record – Refers to an application on or before the last day of filing of
for registration duly approved by the Election application for registration for purposes
Registration Board (ERB) of the May 2016 elections shall be
- Book of Voters – Refers to compilation of all deactivated
registration records in a precinct - Thos deactivated may apply for
- List of Voters – Refers to an enumeration of reactivation after the May 2016 elections
names of registered voters in a precinct duly - Illiterate or Person with Disability
certified by the ERB for use in the election - Refers to one who cannot by himself
- Election Registration Board (ERB) – It is the prepare an application for registration
body constituted to act on all application for because of his physical disability and/or
registration inability to read and write (RA 8189,
- RA 8189, Sec. 15 – No member of the Sec. 3)
Board shall be related to each other or - No voter shall be allowed to vote as
to any incumbent city or municipal illiterate or PWD, unless such fact is
elective official within the 4th civil degree indicated in the Election Day
of consanguinity or affinity Computerized Voters List or the Voter’s
- Preparation and Posting of the Certified List Registration Record
of Voters
- System of Continuing Registration of Voters Local and Overseas Absentee Voting
EXCEPTION: No registration shall, however, be GENERAL RULE: A person MUST be physically
conducted during the period starting 120 days before a present in the polling place whereof he is a registered
regular election and 90 days before a special election. voter to be able to vote
- The COMELEC Resolution denying the petition EXCEPTION:
of certain youth sectors to conduct a 2-day 1. Members of the Board of Election Inspectors
special registration is VALID. The exercise of 2. Government official and employees, including
suffrage, as the enjoyment of other rights, is members of the AFP and PNP, who, by reason
subject to the existing substantive and of public functions and duties, is not in his place
procedural requirement embodied in our

4 Election Law | Oebanda 2024

 of registration on election day, may vote in the administration to secure the safety of
place where he is assigned on election day detainee voters, prevent their escape
3. Local Absentee Voting for Media (RA 10380) and ensure public safety
4. Overseas Voter
- Refers to a citizen of the Philippines Political Parties
who is qualified to register and vote - Sectoral Organization – Refers to a group of
under RA 10590, who is abroad on the citizens or a coalition of groups of citizens who
day of elections share similar physical attributes or
NOTE: An overseas voter is presumed to be abroad until characteristics, employment, interest or
he applies for transfer of his registration records or concerns (RA 7941, Sec. 3)
requests that his name be cancelled from the National - From the standpoint of the political
Registry of Overseas Voters process, the lesbian, gay, bisexual, and
transgender have the same interest in
Detainee Voting participating in the party-list system on
- May be availed of by any registered detainee the same basis as other political parties
whose registration record is not similarly situated. State intrusion in this
deactivated/canceled. Voting may be done either case is equally burdensome. Hence,
through the special polling place inside jails or laws of general application should apply
escorted voting with equal force to LGBTs and they
- For purposes of Detainee Voting, a detainee is deserve to participate in the party-list
understood to be any person: system on the same basis as other
1. Confined in jail, formally charged for any marginalized and underrepresented
crime/s, and awaiting/undergoing trail sectors (Ang Ladlas LGBT Party v.
2. Serving a sentence of imprisonment for COMELEC, GR No. 190582)
less than 1 year - Coalition – Refers to an aggrupation of duly
3. Whose conviction of a crime involving registered national, regional, sectoral parties or
disloyalty to the duly constituted organizations for political and/or election
government such as rebellion, sedition, purposes
violation of the firearms laws or any
crime against national security or for any Party List Registration
other crime is on Appeal - Any organized group of persons may register as
a party, organization or coalition for purposes of
Escorted Detainee Voters the party list system by filing with the COMELEC
- The following shall avail of escorted voting: not later than 90 days before the election a
1. Detainee voters who are petition verified by its President or secretary
residents/registered voters of stating its desire to participate in the party-list
municipalities other than the town/city of system as a national, regional, or sectoral party
detention or organization or a coalition of such parties or
2. Detainee voters in detention organizations.
centers/jails where no special polling - Purposes of Registration
places are established. PROVIDED: 1. To acquire juridical personality
That said detainee voters obtained court 2. To entitle it to rights and privileges
orders allowing them to vote in the granted to political parties
polling place where they are registered. 3. To participate in the party-list system
PROVIDED FURTHER: That it is - Manifestation to Participate in the Party-list
logistically feasible on the part of the System
jail/prison administration to escort the - Any party, organization, or coalition
detainee voter to the polling place where already registered with the Commission
he is registered. PROVIDED FINALLY: need not register anew. However, such
That reasonable measures shall be party, organization, or coalition shall file
undertaken by the jail/prison with the Commission, not later than 90

5 Election Law | Oebanda 2024

 days before the election, a manifestation c. when the nominee becomes
of its desire to participate in the party-list incapacitated in which case the name of
system the substitute nominee shall be placed
- No votes cast in favor of a political party, in the list.
organization or coalition shall be valid, 6. Incumbent sectoral representatives in the House
EXCEPT for those registered under a of Representatives who are nominated in the
party-list system (Art. IX-C, Sec. 7, 1987 party-list system shall not be considered
Constitution) resigned.

Insert missing slides 4 Parameters in Philippine Party-List Election

1. 20% Allocation - 20% allocation of the total
Election of Party-List Representatives number of the membership of the House of
- The party-list representatives shall constitutes Representatives is the maximum number of
20% of the total number of representatives seats available to party-list organizations, such
including those under the party list. that there is automatically 1 party-list seat for
- PURPOSE: The party-list system is intended to every 4 4 existing legislative districts.
democratize political power by giving political 2. A guaranteed seat for a party-list
parties that cannot win in legislative district organization garnering 2% of the total votes
elections a chance to win seats in the House of cast - the guaranteed seats shall be distributed
Representatives. in a first round of seat allocation to parties
- The clear intent, express wording, and receiving at least 2% of the total party-list votes.
party-list structure ordained in Section 3. Proportional Representation - the additional
5(1) and (2), Article VI of the 1987 seats shall be distributed to the party-list
Constitution cannot be disputed; the organizations garnering sufficient number of
party-list system is not for sectoral votes in proportion their total number of votes
parties only, but also for non-sectoral until all the additional seats are allocated. To
parties (Atong Paglaum, Inc vs limit the distribution of seats to the 2 percenters
Comelec, GR No. 203766) would mathematically prevent the filling up of all
the available party-list seats.
Nomination of Party-List Representatives 4. The Three-Seat Cap - Each qualified party,
1. Each registered party, organization or coalition regardless of the number of votes it actually
shall submit to the Comelec not later than 45 obtained, is entitled only to a maximum of 3
days before the election a list of names, not less seats.
than 5, from which party-list representatives
shall be chosen in case it obtains the required Postponement of Election
number of votes. - Causes of Postponement
2. A person may be nominated in 1 list only. 1. Force majeure
3. Only persons who have given their consent in 2. Violence
writing may be named in the list. 3. Terrorism
4. The list shall not include any candidate for any 4. Loss or destruction of election
elective office or a person who has lost his bid paraphernalia
for an elective office in the immediately 5. And other analogous causes
preceding election. - The cause would have to be serious and would
5. No change of names or alteration of the order of make it impossible to have force and orderly
nominees shall be allowed after the same shall elections
have been submitted to the COMELEC, - Grounds must exists BEFORE voting
EXCEPT: - COMELEC En Banc – by majority of votes of its
a. When the nominee dies; members shall have the authority to declare the
b. When the nominee withdraws in writing postponement
his nomination; or - Setting of the Special Election – not later than
30 days AFTER the cessation of the cause of

6 Election Law | Oebanda 2024

 postponement of election or suspension of the - Officials holding appointive offices,
election or failure to elect is directory depending including active members of AFP and
upon the exigencies and peculiar circumstances officers of government-owned or
attendant as determined by the Commission, controlled corporations shall be
and its determination, in the absences of abuse considered ipso facto resigned upon
of discretion, is binding (Subming v. COMELEC, the filing of his CОС.
GR No. 91545) 2. Elective Official - NO
- Reason: To prevent vacuum in the
Failure of Election delivery of public Service, pursuant to
- RA 7166, Sec. 4 – COMELEC En Banc has Section 14 of RA 9006 (Fair Election
SOLE authority to postpone, declare failure of Act) repealing Section 67 of the OEC,
elections, and the calling of special elections an elective official may run for another
- 2 Conditions must concur before the position without forfeiting his seat
COMELEC can act on a verified Petition to (Quinto vs Comelec, GR No. 189698)
Declare Failure of Election: 3. Filing of TWO Certificates of Candidacy
1. No voting took place in the precinct/s on - Before the deadline for filing the
date fixed by law, or even if there was certificate, a candidate may withdraw all
voting, the election resulted in a failure except one, declaring under oath the
to elect office for which he desires to be eligible
2. The vote not cast would have affected and cancel the COC for other office or
the result of the election offices (Go vs Comelec, GR No.
147741)
Insert missing slides
Effect of Formal Defects in the COC
Certificate of Candidacy - The election of a candidate cannot be annulled
- Any vote in favor of a person who has not filed a on the sole ground of formal defects in his
COC or in favor of a candidate for any office for COC (De Guzman v. Board of Canvassers)
which he did not present himself is void and is
counted as stray vote but it does not invalidate Effect if COC Declared Void Ab Initio
the whole ballot (Katigbak vs Mendoza, GR No. - If the COC is void ab initio, then legally the
L-24477) person who filed such void COC was never a
- COC must be under oath candidate in the elections at any time (Jalosjos
- No person shall be allowed to file more than v. COMELEC, GR No. 189698)
one COCs. But, if he files his COC for more
than one office, he shall not be eligible for any Withdrawal of COC
of them. However, before the expiration for the - OEC, Sec. 76 - A person who has filed a COC
period to file COC, he may declare under oath may, prior to the election, withdraw the same by
the office for which he desires to be eligible and submitting to the office concerned a written
cancel the COC for the other office. declaration under oath.
Purpose of the Law: The evident purposes of the law in - A withdrawal of candidacy which is not under
requiring the filing of certificates of candidacy and in oath is not a valid withdrawal and generally
fixing the time limit therefor are: produces no legal effect, and for all legal intents
1. To enable the voters to know, at least 60 days and purposes there is no withdrawal and he
before the regular election, the candidates remains a candidate (Villanueva vs Comelec,
among whom they are to make the choice, and 122 SCRA 636, 1983)
2. To avoid confusion and inconvenience in the - EXCEPTION TO THE GENERAL RULE: When
tabulation of the votes cast. the withdrawal, which is not under oath, is
actually made and accepted by the election
Effect of Filing a Certificate of Candidacy registrar, as a result of which a substitute
1. Appointive Officials – Automatic Resignation candidate files his COC in his place and
receives the winning number of votes. For to

7 Election Law | Oebanda 2024

 give no legal effect to the withdrawal because it - May be filed by the person exclusively
is not under oath is to pay homage to on the ground that any material
technicality, nullify the candidacy of the representation contained therein as
substitute candidate, and frustrate the will of the required under Section 74 is false
electorate. - Petition may be filed 25 days from filing
COC
Substitution of Candidates - Shall be decided, after due notice and
- OEC, Sec. 77 – If after the last day for the filing hearing, not later than 15 days before
of COC, an official candidate of a registered or the election
accredited political party dies, withdraws or is - JURISDICTION: COMELEC, sitting in
disqualified, only a person belonging to, and DIVISION
certified by, the same political party may filed a
COC to replace the candidate who died, Effect of Disqualification Case
withdrew, or was disqualified not later than - Before Election: Any candidate who has been
mid-day of the day of the election. declared by final judgment to be disqualified
- When the candidate who dies is an independent shall not be voted for, and the vote cast for him
candidate, he cannot be subsituted (Recabo, Jr. shall not be counted.
v. COMELEC, GR No. 134292) - After Election: When the candidate is voted for
and receives the winning number of votes, the
Requisite for Valid Substitution Court or Commission shall continue with the trial
1. The substitute must belong to the same political and hearing of the action, inquiry, or protest and,
party. upon motion of the complainant or any
2. The deceased, disqualified or withdrawn intervenor, ma during the pendency thereof
candidate must have duly filed a valid COC. order the suspension of the proclamation of
There is nothing in the Constitution or law which such candidate whenever the evidence of his
requires as a condition precedent that a substitute guilt is strong.
candidate must have been a member of the political The Comelec can suspend proclamation only when
party concerned for a certain period of time before he evidence of the winning candidate's guilt is strong
can be nominated as such. All that Section 77 requires is (Codilla Sr. v. De Venecia, et al., GR No. 150605)
that the substitute candidate should be a person
belonging to and certified by the same political party as Insert missing slides
the candidate to be replaced (Sinace vs. Mula, 315
SCRA 266) Qualification of Candidates
CITIZENSHIP – Indispensable requirement for holding
Ministerial Duty of COMELEC to Receive COCs an elective public office
- The Comelec shall only have the ministerial duty - REASON: No person owing allegiance to other
to receive and acknowledge receipt of the COC nation shall govern our people or our country
(Luna vs. Comelec, GR No. 165983) - President, Vice President, Senators,
- Accordingly, the Comelec may not, by itself, and Congressman – NATURAL BORN
without proper proceedings, deny due course to - Local Elective Officials – Sufficient
or cancel a COC filed in due form. OEC, that they are Filipino citizens. Thus, a
Section 78, which treats of a petition to deny foreigner who has been validly
due course to or cancel a certificate of naturalized may be qualified to a local
candidacy on the ground that any material elective office
representation therein is false, requires that - Qualification for public office are CONTINUING
the candidate must be notified of the petition REQUIREMENTS which must be possessed not
against him and he should be given the only at the time of appointment or election or
opportunity to present evidence in his behalf assumption of office, BUT also during entire
(Cipriano v. Comelec, GR No. 1588330) tenure (Frivaldo vs. Comelec, 1989)
- OEC, Section 78 - Petition to Deny Due - Philippine citizenship is required to ensure that
Course to or Cancel a COC no alien shall govern our people. An official

8 Election Law | Oebanda 2024

 begins to govern only upon his proclamation and for the required period. Nowhere is it required by
on the day his term begins. law or Constitution that a candidate should own
- CITIZENSHIP - qualifications are continuing a property in order to be qualified to run (Aquino
requirements; once any of them is lost during v. COMELEC, 1995)
incumbency, title to the office itself is deemed
forfeited (Labo vs Comelec, 1989) Election Campaign
- The loss of qualifications during incumbency - Refers to an act designed to promote the
does not automatically operate to remove the election or defeat of a particular candidate or
officer from service. The appropriate action must candidates to a public office. It includes:
be filed against him to oust him from office 1. Directly or indirectly soliciting votes,
(Salcedo vs. Comelec 1999) pledges or support for or against any
candidate;
RESIDENCE - does not mean dwelling or habitation 2. Holding political caucuses, meetings,
BUT rather means Domicile or Legal Residence, that rallies or other similar assemblies;
is, "the place where a party actually or constructively has 3. Forming organizations or groups of
his permanent home, where he, no matter where he may persons;
be found at any given time, eventually intends to return 4. Publishing or distributing campaign
or remain. literature or materials for the purpose of
- Residence (as used in Election Law) - imports soliciting votes and/or undertaking any
not only an intention to reside in a fixed place campaign or propaganda to support or
BUT also personal presence in that place, oppose the election of any candidate;
couple with conduct indicative of such intention. and
- PURPOSE: the law intends to prevent 5. Making speeches or commentaries.
the possibility of a stranger
unacquainted with the needs of a Prohibited Election Campaign Acts
community and not identified with the 1. It shall be unlawful for any foreigner, whether
latter from seeking an elective office to juridical or natural person, to aid any candidate
serve the community. or political party, directly or indirectly, or take
- Domicile of origin is acquired by every part in or influence in any manner any
person at birth. It is usually the place where the election, or to contribute or make any
child's parents reside and continues until the expenditure in connection with any election
same is abandoned by acquisition of a new campaign or partisan political activity.
domicile (domicile by choice) (Coquilla v 2. It shall be unlawful for any person during the
COMELEC, 2002) campaign period to remove, destroy, obliterate
or in any manner deface or tamper with, or
Residence Synonymous with Domicile prevent the distribution of lawful election
- The SC defined residence to be synonymous propaganda.
with domicile. The term domicile denotes a fixed 3. It shall be unlawful for any candidate, political
permanent residence to which when absent for party, organization, or any person to give or
business or pleasures, one intents to return. And accept free of charge, directly or indirectly,
a persons absence from his permanent transportation, food or drinks or things of
residence, no matter how long, does not value during the 5 hours before or after a public
interrupt the continuity of his residence at that meeting, on the day preceding the election, and
place, which continues to be the domicile of that on the day of the election, or to give or
person. In other words, domicile is characterized contribute, directly or indirectly, money or things
by animus revertendi (Co vs Electoral Tribunal of value for such purpose.
of the House) There is NO prohibited premature campaigning in the
- Owning a house is not required to establish Philippines.
residence and domicile. It is enough that he - Under the law, "candidate" has been defined an
should lived in the Municipality or district or in any person aspiring for or seeking an elective
the rented house or in that of a friend or relative public office, who has filed a certificate of

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 candidacy" and that "any person who files COC - Effect of failure to file:
within the filing period shall only be considered 1. Prohibited from entering upon the duties
as a candidate at start of the campaign period of his office
for which he filed his COC (Peñera v. 2. Administrative fines (EXCEPT:
COMELEC, G.R. No. 181613, November 25, Candidate for Elective Barangay Office)
2009) a. 1st Offense: P1,000 - P30,000
- If there is yet no candidate whose interest it is to b. 2nd Offense: P2,000 - P60,000
be promoted or defeated, there is no 3. Perpetual disqualification to hold public
restriction to any election campaign or office for second or subsequent offense
partisan political activity. Accordingly, - The law makes no distinction as to whether the
engaging in partisan political activity in favor of, candidate pursued his candidacy or withdrew it.
or against, a person who has not filed a COC is A candidate who withdrew may have accepted
NOT PROHIBITED. contributions and incurred expenses (Pilar v.
- What the law says is "any unlawful act or COMELEC, GR No. 115245)
omission applicable to a candidate shall take
effect only upon the start of the campaign Election Contests
period. The plain meaning of this provision is - An election contest is any adversary proceeding
that the effective date when partisan political by which matters involving title or claim to an
acts become unlawful as to a candidate is when elective office, made before or after the
the campaign period starts. Before the start of proclamation of the winner, is settled whether or
the campaign period, the same partisan not contestant is claiming office in dispute
political acts are lawful. (Javier v. COMELEC)
- PURPOSE: To ascertain if the candidate elected
RA 9006 - Fair Election Act 2001 to office is the lawful choice of the electorate
- Lawful Election Propaganda - Jurisdiction over Election Contests:
1. Written/Printed materials: 8 ½ inches 1. President and Vice President –
X 14 inches Supreme Court En Banc
2. Handwritten/printed letters 2. Senator – Senate Electoral Tribunal
3. POSTERS: 2ft X 3ft, however, 3ft X 8ft 3. Representative – House of
streamers are allowed in announcing a Representatives Electoral Tribunal
public meeting or rally, at the site and on 4. Regional/Provincial/City – COMELEC
the occasion of a public meeting or rally, 5. Municipal – RTC
may be displayed 5 days before the 6. Barangay/SK – MTC
date of rally but shall be removed within - Kinds of Contests
24 hours after said rally. 1. Election Protest – May be filed by any
4. Paid Print Ads: not exceeding ¼ page candidate who has filed a COC and has
in broadsheets and ½ page tabloids been voted upon for the same office
thrice a week per newspaper, magazine - Grounds: Fraud, Terrorism,
or other publication during campaign Irregularities, or Illegal acts
period. committed before, during or
5. Paid Advertisements in Broadcast after the casting and counting of
Media votes
6. All other forms of election propaganda - Time to File: Within 10 days
not prohibited by the OEC as the from proclamation of results of
Comelec may authorize after due notice election
to all interested parties and hearing - Effect: A protestee may be
where all the interested parties were ousted and the protestant
given an equal opportunity to be heard. seated in the office vacated
2. Quo Warranto – Filed by any registered
Statement of Contribution and Expenses voter in the constituency
- Shall be filed 30 days after the day of election

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 - Grounds: Ineligibility, Disloyalty 13. Illegal release of prisoners before or after
to the Republic election
- Time to File: Within 20 days 14. Use of public funds, equipment and facilities for
after proclamation or results of election campaign
election 15. Carrying of deadly weapon within a radius of
- Effect: While the respondent 100 meters from a precinct
may be unseated, the petitioner 16. Carrying of Firearms outside residences or place
may not be seated of business
a. Those who have Permit to Carry are
Election Offenses included in the prohibition
Some Prohibited Acts under the Omnibus Election b. Must be authorized in writing by the
Code Commission
1. Vote buying and vote selling c. Motor vehicle, water or air craft are not
2. Conspiracy to Bribe voters considered residence, place of business
3. Wagering upon the result of the election or extension thereof
4. Coercion d. Shall not apply to cashiers and
5. Appointment of New Employees disbursing officers while in the
- When Committed: during the period of performance of their duties.
45 days before a regular election and 30 17. Release, Disbursement or Expenditure of Public
days before special election Funds
6. Promoting or giving any increase of salary or a. When committed: 45 days before a
remuneration or privilege to any government regular election or 30 days before a
official or employee special election;
7. Transfer or detail of Government b. Any and all kinds of public works,
Official/Employee without COMELEC approval EXCEPT the following:
- To prove violations, 2 elements must i. Maintenance of existing and/or
concur: completed public works project
- The fact of transfer or detail ii. Work undertaken by contract
within the election period as through public bidding held or
fixed by COMELEC by negotiated contract awarded,
- Transfer or detail was made before the 45 days period
without prior approval of the before election.
COMELEC in accordance with c. Emergency work necessitated by the
its IRR (People v. Reyes, GR occurrence of public calamity.
No. 115022)
8. Intervention of Public Officers and Employees Penalties - Election Offenses
- By directly or indirectly intervening in 1. Imprisonment of not less than 1 year but not
any election campaign more than 6 years and shall not be subject to
- By engaging in any partisan political probation.
activity, except to vote or to preserve 2. Disqualification to hold public office and
public order, if he is a peace officer deprivation of the right of suffrage.
9. Undue Influence – Done through promising, 3. If the person criminally liable is a foreigner, he
making/offering to make expenditures, causing shall be sentenced to deportation which shall be
expenditure, soliciting or receiving expenditure, enforced after the prison term has been served.
promise of office, which may induce anyone to 4. Any political party found guilty shall be
vote or withhold his vote sentenced to pay a fine of not less than
10. Unlawful Electioneering P10,000.00.
11. Harassment and Dismissal of Employees,
Laborers and Tenants Good faith is not a defense in election offenses.
12. Appointment or use of Special policemen, Election offenses are generally mala prohibita. Proof of
special agents or confidential agents criminal intent is not necessary. Good faith, ignorance or

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lack of malice is not a defense (Baytan, et al v.
COMELEC, GR No. 153945)

Prescriptive Period for Election Offenses - 5 years

from the date of commission

Election Offenses in Special Laws

1. RA 6646 – Electoral Reforms Law of 1987
2. RA 8189 – The Voter’s Registration Act of 1996
3. RA 10590 – The Overseas Voting Act of 2013
4. RA 10367 – Mandatory Biometrics Voter
Registration
5. RA 9369 – Law on Automated Elections

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