References:

● B.P. Blg. 881

● Outline Reviewer in Political Law by Antonio E.B. Nachura;
● Philippine Election Laws (Election Law Reviewer) by Alberto C. Agra

General Principles

 Suffrage – the right to vote in the election of officers chosen by the

people and in the determination of questions submitted to the
people. It includes within its scope election, plebiscite, initiative, and
referendum.
 Election – the means by which the people choose their officials for a
definite and fixed period and to whom they entrust for the time
being the exercise of the powers of the government.

Kinds of elections

 Regular – one provided by law of officers either nation-wide or in

certain subdivisions thereof, after the expiration of the full term of
the former officers;
 Special – one held to fill a vacancy before the expiration of the term
for which the incumbent was elected.

Article v of the constitution

 Section 1 – Suffrage may be exercised by all citizens of the

Philippines not otherwise disqualified by law, who are at least
eighteen years of age, and who shall have resided in the
Philippines for at least one year and in the place wherein they
propose to vote for at least six months immediately preceding the
election. No literacy, property, or other substantive requirement
shall be imposed on the exercise of suffrage.

Article V

 Section 2 – The Congress shall provide a system for securing the

secrecy and sanctity of the ballot as well as a system for absentee
voting by qualified Filipinos abroad.
 The Congress shall also design a procedure for the disabled and the
illiterates to vote without the assistance of other persons. Until then,
they shall be allowed to vote under existing laws and such rules as
the Commission on Elections may promulgate to protect the secrecy
of the ballot.

Election period
Section 9, Art. IX-C – Unless otherwise fixed by the Commission in special
cases, the election period shall commence ninety days before the day of
the election and shall end thirty days after.

Commission on elections

Each Commission shall decide by a majority vote of all its Members

any case or matter brought before it within sixty days from the date of
its submission for decision or resolution. A case or matter is deemed
submitted for decision or resolution upon the filing of the last pleading,
brief, or memorandum required by the rules of the Commission or by the
Commission itself. Unless otherwise provided by this Constitution or by
law, any decision, order, or ruling of each Commission may be brought to
the Supreme Court on certiorari by the aggrieved party within thirty days
from receipt of a copy thereof. (Sec. 7, Art. IX-A)

COMMISSION ON ELECTIONS

● The Constitution is clear that what is required is the majority vote of

all the members, not only those who participated in the
deliberations and voted thereon. (Estrella vs. COMELEC, G.R. No.
160465, May 27, 2004)

● The COMELEC has numerous cases before it where attention to

minutiae is critical. Considering the COMELEC’s manpower and
logistical limitation, it is sensible to treat the procedural
requirements on deadlines realistically. Overly strict adherence to
deadlines might induce the Commission to resolve the election
contests hurriedly be reason of lack of material time. (Alvarez vs.
COMELEC, G.R. No. 142527, March 1, 2001)

Cases to be heard and decided in division

● Cases to be heard and decided in division:

○ All election cases, including pre-proclamation contests,

originally cognizable by the Commission in the exercise of its
powers under Sec. 2(2), Art. IX-C of the Constitution;
○ Petition to cancel certificate of candidacy;
○ Cases appealed from RTC and MTC
■ These have to be heard and decided in division before
they may be heard en banc upon the filing of a motion
for reconsideration of the division decision;
■ A petition for certiorari from the decision of RTC or MTC
is to be resolved in division before it may be heard en
banc.

CASES TO BE HEARD AND DECIDED EN BANC

 ● A motion for reconsideration of a decision of a division (Sec. 3, Art.
IX-C);
● A petition for correction of manifest errors alleging an erroneous
copying of figures from the election return to the Statement of Votes
by such precinct;
● Prosecution of cases of violation of election laws;
● Other cases where the COMELEC does not exercise its adjudicatory
or quasi-judicial powers, i.e., purely administrative powers.

Power to promulgate rules

● Each Commission en banc may promulgate its own rules concerning

pleadings and practice before it or before any of its offices. Such
rules however shall not diminish, increase, or modify substantive
rights (Sec. 6, Art. IX-A);

The Commission on Elections x x x shall promulgate its rules of procedure

in order to expedite disposition of election cases, including pre-
proclamation controversies. All such election cases shall be heard and
decided in division, provided that motions for reconsideration of decisions
shall be decided by the Commission en banc. (Sec. 3, Art. IX-C)

Limitations

● It must not diminish, increase, or modify substantive rights (Sec. 6,

Art. IX-A);
● They shall remain effective unless disapproved by the Supreme
Court (Sec. 5(5), Art. VIII)

Gamal hayaduni vs. COMELEC, G.R. No. 207900, 22 April 2014)

The COMELEC has the power to liberally interpret or even suspend its
rules of procedure in the interest of justice, including obtaining a speedy
disposition of all matters pending before it. The liberality is for the
purpose of promoting the effective and efficient implementation of the
objectives - ensuring the holding of free, orderly, honest, peaceful and
credible elections x x x.

Supreme court review

● Only decisions of the COMELEC en banc may be bright to the SC on

certiorari as a special civil action under R64, in relation to R65.
● The SC has no power to review via certiorari an interlocutory order
or even a final resolution of a division of the COMELEC. (Cayetano
vs. COMELEC, G.R. No. 193846, April 12, 2011)

Exceptions (See ABS-CBN broadcasting corporation vs. COMElec)

 ● If it will prevent the miscarriage of justice;
● The issue involves a principle of social justice;
● The issue involves the protection of labor;
● The decision or resolution sought to be set aside is a nullity; and
● The need for relief is extremely urgent and certiorari is the only
adequate remedy and speedy remedy available.

Constitutional powers and duties of the COMELEC (Sec. 2, Art. ix-

c)

● Enforce and administer all laws and regulations relative to the

conduct of an election, plebiscite, initiative, referendum or recall;
○ The power includes the ascertainment of the identity of a
political party and its legitimate officers (LDP vs. COMELEC,
G.R. No. 161265, 24 February 2004).
○ Authority to annul a plebiscite though revision of ballots (Buac
vs. COMELEC, 155866, January 26, 2004)

● Plebiscite – the submission of constitutional amendments or

important legislative measures to the people for ratification;
● Initiative – the power of the people to propose amendments to the
Constitution, or to propose and enact legislation through an election
called for the purpose;
● Referendum – the power of the electorate to approve or reject
national or local legislation through an election called for the
purpose;
● Recall – the termination of official relationship of a local elective
official for loss of confidence prior to the expiration of his term
through the will of the electorate.

Power to declare failure of election

Instances where there is failure of election:

1. The election in any polling place had not been held on the date fixed
on account of force majeure, violence, terrorism, fraud, or other
analogous cases;
2. The election in any polling place had been suspended before the
hour fixed by law for the closing of voting on account of FmVTFO;
After voting and during the preparation and transmission of the election
returns or in the custody or canvass thereof, such election results in a
failure to elect on account of FmVTFO. (Sison vs. COMELEC, G.R. No.
134096, 3 March 1999).

Mitmug vs. Comelec (G.R. No. 106270-73, 10 February 1994)

For the COMELEC to conduct a hearing on a verified petition to declare a

failure of election, it is necessary that the petition must show on its face
two conditions:
 1. That no voting has taken place in the precinct on the date fixed by
law, or even if there was voting, the election, nevertheless resulted
in a failure to elect; and
2. The votes not cast would affect the results of the election

Constitutional powers and duties of the COMELEC (Sec. 2, Art. ix-

c)

● Exclusive original jurisdiction over all contests relating to

election returns and qualifications of all elective regional,
provincial and city officials.
● Exclusive appellate jurisdiction over all contests involving
elective municipal officials decided by trial courts of general
jurisdiction, or involving elective barangay officials decided by
trial courts of limited jurisdiction.
● Decisions, final orders or rulings of the Commission on election
contests involving municipal and barangay officials shall be final,
executory and not appealable. (see R64 vis-a-vis R65)

Sec. 242, B.P. blg. 881

The Commission shall have exclusive jurisdiction of all pre-proclamation

controversies. It may motu proprio or upon written petition, and after
due notice and hearing, order the partial or total suspension of the
proclamation of any candidate-elect or annual partially or totally any
proclamation, if one has been made, as the evidence shall warrant in
accordance with the succeeding sections.

● The proclamation of a congressional candidate following the election

divests the COMELEC of jurisdiction over disputes relation to the
election, returns and qualifications.
● Sec. 17, Art. VI provides that the Senate and the House of
Representatives shall each have an Electoral Tribunal which shall be
the sole judge of all contests relating to the election, returns, and
qualifications of their respective Members.

Regina Ongsiako Reyes vs. COMELEC, G.R. No. 207264, 25 June

2013)

To be considered a member of the House of Representatives, there must

be concurrence of all the following requisites:
1. A valid proclamation;
2. A proper oath;
3. Assumption of office.
Absent any of the foregoing, the COMELEC (not the HRET) retains
jurisdiction.
Constitutional powers and duties of the COMELEC (Sec. 2, Art. ix-
c)

Execution pending appeal is strictly construed. The grant of the motion is

dependent on the public interest involved, the shortness of the remaining
portion of the term, and the length of time that the protest has been
pending.

Constitutional powers and duties of the COMELEC (Sec. 2, Art. ix-

c)

● Decide, save those involving the right to vote, all questions

affecting elections, including the determination of the number
and location of polling places, appointment of election officials and
inspectors, and registration of voters.
● Deputize, with the concurrence of the president, law
enforcement agencies and instrumentalities of the Government,
including the Armed Forces of the Philippines, for the exclusive
purpose of ensuring free, orderly, honest, peaceful and credible
elections.

Constitutional powers and duties of the COMELEC (Sec. 2, Art. ix-

c)

● Register, after sufficient publication, political parties,

organizations, or coalitions which, in addition to other requirements,
must present their platform or program of government and accredit
citizens’ arm of the Commision on Elections.

Constitutional powers and duties of the COMELEC (Sec. 2, Art. ix-

c)

● File, upon a verified complaint, or on its own initiative, petitions in

court for inclusion or exclusion of voters; investigate and,
where appropriate, prosecute cases of violations of election
laws, including acts or omissions constituting election frauds,
offenses, and malpractices.
● Recommend to the Congress effective measures to minimize
election spending, including limitation of places where
propaganda materials shall be posted, and to prevent and penalize
all forms of election frauds, offenses, malpractices, and nuisance
candidacies.
● Recommend to the President the removal of any officer or
employee it has deputized, or the imposition of any other
disciplinary action, for violation or disregard of, or disobedience to
its directive, order, or decision.

The Party-list System (R.A. No. 7941)

 ● The party list system is a mechanism of proportional representation
in the election of representatives to the House of Representatives
from national, regional, and sectoral parties or organizations or
coalitions thereof registered with the COMELEC.
● A political party refers to an organized group of citizens
advocating an ideology or platform, principles and policies for the
general conduct of government and which, as the most immediate
means of securing their adoption, regularly nominates and supports
certain of its leaders and members as candidates for public office.

● A sectoral party refers to an organized group of citizens

belonging to any of the sectors enumerated in Section 5 of
R.A. 7941 whose principal advocacy pertains to the special interest
and concerns of their sector.

● Under Sec. 5, the sectors include labor, peasant, fisherfolk, urban

poor, indigenous cultural communities, elderly, handicapped,
women, youth, veterans, overseas workers, and professionals.

Grounds for Cancellation of Registration (Sec. 6)

The COMELEC may, motu propio or upon verified complaint of any

interested party, refuse or cancel, after due notice and hearing, the
registration of any national, regional or sectoral party, organization or
coalition on any of the following grounds:

1. It is a religious sect or denomination, organization or association,

organized for religious purposes;
2. It advocates violence or unlawful means to seek its goal;
3. It is a foreign party or organization;

Grounds for Cancellation of Registration (Sec. 6)

1. It is receiving support from any foreign government, foreign political

party, foundation, organization, whether directly or through any of
its officers or members or indirectly through third parties for
partisan election purposes;
2. It violates or fails to comply with laws, rules or regulations relating
to elections;
3. It declares untruthful statements in its petition;
4. It has ceased to exist for at least one (1) year; or

It fails to participate in the last two (2) preceding elections or fails to

obtain at least two per centum (2%) of the votes cast under the party-list
system in the two (2) preceding elections for the constituency in which it
has registered.

Ang Ladlad LGBT Party vs. COMELEC (G.R. No. 190582, 8 April
2010)
 ● Moral disapproval, without more, is not a sufficient governmental
interest to justify the exclusion of homosexuals from participation in
the party-list system.

● It was held that moral disapproval, without more, is not a sufficient

governmental interest to justify exclusion of homosexuals from
participation in the party-list system. The denial of Ang Ladlad’s
registration on purely moral grounds amounts more to a statement
of dislike and disapproval of homosexuals, rather than a tool to
further any substantial public interest. [The COMELEC]’s blanket
justifications give rise to the inevitable conclusion that the COMELEC
targets homosexuals themselves as a class, not because of any
particular morally reprehensible act. It is this selective targeting that
implicates our equal protection clause.

Parameters under the Constitution and R.A. No. 7941

1. The 20% allocation: the combined number of all party-list

congressmen shall not exceed 20% of the total membership in the
HR;
2. The 2% threshold: only those parties garnering a minimum 2% of
the total valid votes cast for the party-list system are qualified to
have a seat in the HR;
3. The three-seat limit: each qualified party, regardless of the number
of votes it actually obtained is entitled to a maximum of three seats,
i.e., one qualifying and two additional;
4. Proportional representation: the additional seats which a qualified
party is entitled to shall be computed in proportion to their total
number of votes.*** (Veterans Federation Party vs. COMELEC, G.R.
No. 136781, 6 October 2000)

Banat vs. COMELEC (G.R. No. 179271, 21 April 2009)

1. The parties, organizations, and coalitions shall be ranked from the

highest to the lowest based on the number of votes they garnered
during the elections
2. The parties, organizations, and coalitions receiving at least two
percent (2%) of the total votes cast for the party-list system shall be
entitled to one guaranteed seat each.
3. Those garnering sufficient number of votes, according to the ranking
in paragraph 1, shall be entitled to additional seats in proportion to
their total number of votes until all the additional seats are
allocated.
4. Each party, organization, or coalition shall be entitled to not more
than three (3) seats.

In computing the additional seats, the guaranteed seats shall no longer be

included because they have already been allocated, at one seat each, to
every two-percenter. Thus, the remaining available seats for allocation as
"additional seats" are the maximum seats reserved under the Party List
System less the guaranteed seats. Fractional seats are disregarded in the
absence of a provision in R.A. No. 7941 allowing for a rounding off of
fractional seats.

In computing the additional seats, the guaranteed seats shall no longer be

included. There are two steps in the second round of seat allocation. First,
the percentage is multiplied by the remaining available seats, which is the
difference between the maximum seats reserved under the Party-List
System and the guaranteed seats of the two-percenters. The whole
integer of the product of the percentage and of the remaining available
seats corresponds to a party’s share in the remaining available seats.
Second, we assign one party-list seat to each of the parties next in rank
until all available seats are completely distributed. We distributed all of
the remaining seats in the second round of seat allocation. Finally, we
apply the three-seat cap to determine the number of seats each qualified
party-list candidate is entitled.

Atong Paglaum, Inc. vs. COMELEC (G.R. No. 203766, 2 April 2013)

1. Three different groups may participate in the party-list system: (1)

national parties or organizations, (2) regional parties or
organizations, and (3) sectoral parties or organizations.
2. National parties or organizations and regional parties or
organizations do not need to organize along sectoral lines and do
not need to represent any "marginalized and underrepresented"
sector.

Political parties can participate in party-list elections provided they

register under the party-list system and do not field candidates in
legislative district elections.

a. A political party, whether major or not, that fields candidates

in legislative district elections can participate in party-list elections
only through its sectoral wing that can separately register under
the party-list system. The sectoral wing is by itself an independent
sectoral party, and is linked to a political party through a coalition.
(Atong Paglaum, Inc. vs. COMELEC (G.R. No. 203766, 2 April 2013)

b. Sectoral parties or organizations may either be "marginalized

and underrepresented" or lacking in "well-defined political
constituencies."

c. It is enough that their principal advocacy pertains to the

special interest and concerns of their sector. The sectors that are
"marginalized and underrepresented" include labor,
peasant, fisherfolk, urban poor, indigenous cultural
communities, handicapped, veterans, and overseas workers.
The sectors that lack "well-defined political constituencies" include
professionals, the elderly, women, and the youth. (Atong Paglaum,
Inc. vs. COMELEC (G.R. No. 203766, 2 April 2013)

1. A majority of the members of sectoral parties or organizations that

represent the "marginalized and underrepresented" must belong to
the "marginalized and underrepresented" sector they represent.

a. Similarly, a majority of the members of sectoral parties or

organizations that lack "well-defined political constituencies"
must belong to the sector they represent.
b. The nominees of sectoral parties or organizations that
represent the "marginalized and underrepresented," or that
represent those who lack "well-defined political
constituencies," either must belong to their respective sectors,
or must have a track record of advocacy for their respective
sectors. The nominees of national and regional parties or
organizations must be bona-fide members of such parties or
organizations.(Atong Paglaum, Inc. vs. COMELEC (G.R. No.
203766, 2 April 2013)

2. National, regional, and sectoral parties or organizations shall not be

disqualified if some of their nominees are disqualified, provided that
they have at least one nominee who remains qualified.(Atong
Paglaum, Inc. vs. COMELEC (G.R. No. 203766, 2 April 2013)

Sec. 2(5) Art. IX-C

● Religious denominations and sects shall not be registered.

● Those which seek to achieve their goals through violence or

unlawful means, or refuse to uphold and adhere to [the]
Constitution, or which are supported by any foreign government
shall likewise be refused registration.

● Financial contributions from foreign governments and their agencies

to political parties, organizations, coalitions, or candidates related to
elections constitute interference in national affairs, and, when
accepted, shall be an additional ground for the cancellation of their
registration with the [COMELEC], in addition to other penalties that
may be prescribed by law.

Sec. 6-8, Art. IX-C

● A free and open party system shall be allowed to evolve according

to the free choice of the people, subject to the provisions of this
Article. (Sec. 6, Art. IX-C);
 ● No votes cast in favor of a political party, organization, or coalition
shall be valid, except for those registered under the party-list
system as provided in this Constitution. (Sec. 7, Art. IX-C)
● Political parties, or organizations or coalitions registered under the
party-list system, shall not be represented in the voters’ registration
boards, boards of election inspectors, boards of canvassers, or other
similar bodies. However, they shall be entitled to appoint poll
watchers in accordance with law. (Sec. 8, Art. IX-C)

Voters: Qualifications and Registration

Suffrage may be exercised by all citizens of the Philippines not otherwise

disqualified by law, who are at least eighteen years of age, and who shall
have resided in the Philippines for at least one year and in the place
wherein they propose to vote for at least six months immediately
preceding the election. No literacy, property, or other substantive
requirement shall be imposed on the exercise of suffrage. (Sec. 1, Art. V)

Sec. 117, B.P. blg. 881 (Qualifications of a voter)

Every citizen of the Philippines, not otherwise disqualified by law, eighteen

years of age or over, who shall have resided in the Philippines for one year
and in the city or municipality wherein he proposes to vote for at least six
months immediately preceding the election, may be registered as a voter.

Any person who transfers residence to another city, municipality

or country solely by reason of his occupation; profession;
employment in private or public service; educational activities; work in
military or naval reservations; service in the army, navy or air force; the
constabulary or national police force; or confinement or detention in
government institutions in accordance with law, shall be deemed not to
have lost his original residence.

Sec. 118, B.P. blg. 881 (Disqualifications)

1. Any person who has been sentenced by final judgment to suffer

imprisonment for not less than one year, such disability not
having been removed by plenary pardon or granted amnesty:
Provided, however, That any person disqualified to vote under this
paragraph shall automatically reacquire the right to vote upon
expiration of five years after service of sentence.

2. Any person who has been adjudged by final judgment by competent

court or tribunal of having committed any crime involving
disloyalty to the duly constituted government such as
rebellion, sedition, violation of the anti-subversion and firearms
laws, or any crime against national security, unless restored to his
full civil and political rights in accordance with law: Provided, That
 he shall regain his right to vote automatically upon expiration of five
years after service of sentence.
3. Insane or incompetent persons as declared by competent
authority.

Registration of voters

It shall be the obligation of every citizen qualified to vote to register and

cast his vote. (Sec. 4, BP 881);

In order that a qualified elector may vote in any election, plebiscite or

referendum, he must be registered in the permanent list of voters for the
city or municipality in which he resides. (Sec. 115, BP 881).

● Merely a condition precedent for the exercise of such right and

registration does not confer the right to vote

R.A. No. 8189 (Voter’s Registration Act of 1996)

● For purposes of all elections, the COMELEC shall undertake a

general registration of voters

● The personal filing of application of registration of voters shall

be conducted daily in the office of the Election Officer during regular
office hours. No registration shall, however, be conducted during the
period starting one hundred twenty (120) days before a regular
election and ninety (90) days before a special election. (Sec. 8, R.A.
8189)

Salient Provisions

● Sec. 14 - Registration of illiterate or disabled voters is done with the

assistance of a relative within the 4th degree of consanguinity or
affinity, or the ELection Officer, or any member of an accredited
citizen’s arm;

● Sec. 15 - there shall be in each city or municipality as many Election

Registration Boards as there are Election Officers therein.

● Sec. 27 - Grounds for deactivation are the same grounds for

disqualification from suffrage.

Additional grounds: Failure to vote in two successive preceding regular

elections as shown by the voting records; cancellation of registration as
ordered by the court; and loss of Filipino Citizenship.

● The MTC/MeTC shall have original and exclusive jurisdiction over all
cases of inclusion and exclusion of voters in their respective
municipalities and cities.
 ● Decisions of the MTC/MeTC may be appealed by the aggrieved party
to the RTC within 5 days from receipt of notice thereof.
● The RTC shall decide the appeal within 10 days from the time it is
received and the decision shall be immediately become final and
executory. No MR shall be entertained. (Sec. 33, RA 8189)

Petition for inclusion/exclusion from the list of voters

Any person whose application for registration has been disapproved by

the Board or whose name has been stricken out from the list may file with
the court a petition to include his name in the permanent list of
voters in his precinct at any time except one hundred five (105) days
prior to a regular election or seventy-five (75) days prior to a special
election. (Sec. 34)

Any registered voters, representative of a political party or the Election

Officer, may file with the court a sworn petition for the exclusion of a
voter from the permanent list of voters giving the name, address and
the precinct of the challenged voter at any time except one hundred (100)
days prior to a regular election or sixty-five (65) days before a special
election. (Sec. 35)

Candidates: Certificate of Candidacy

● Qualifications prescribed by law are continuing requirements and

must be possessed for the duration of the officer’s active tenure.
Once any of the prescribed qualifications is lost, his title to the office
may be seasonably challenged. (see Frivaldo vs. COMELEC)

● Guidelines for residency requirement: (a) every person has a

domicile or residence somewhere; (b) where once established, the
domicile remains until he acquires a new one; and (c) a person can
have but one domicile at a time (Jalosjos vs. COMELEC, G.R. No.
191970, 24 April 2012)

● A change of residence requires an actual and deliberate

abandonment, because one cannot have two legal residences at the
same time. Where there is no such proof of abandonment, the
residence of origin should be deemed to continue. (Svetlana Jolosjos
vs. COMELEC. G.R. No. 193314, 26 February 2013)

Disqualifications (Sec. 12, B.P. blg. 881)

1. Any person who has been declared by competent authority insane

or incompetent, or

2. has been sentenced by final judgment for

a. subversion, insurrection, rebellion or

 b. for any offense for which he has been sentenced to a penalty
of more than eighteen months or
c. for a crime involving moral turpitude, shall be disqualified
to be a candidate and to hold any office, unless he has been
given plenary pardon or granted amnesty.

This disqualifications to be a candidate herein provided shall be deemed

removed upon the declaration by competent authority that said insanity
or incompetence had been removed or after the expiration of a period of
five years from his service of sentence, unless within the same period he
again becomes disqualified.

Crime involving moral turpitude

● The violation of B.P. blg. 22 is a crime involving moral turpitude,

because the accused knows at the time of the issuance of the check
that he does not have sufficient funds in, or credit with the drawee
bank for the payment of the check in full upon presentment. A
conviction thereof shows that the accused is guilty of deceit, and
certainly relates to and affects the good moral character of the
person. (Villaber vs. COMELEC, G.R. No. 148326, 15 November
2001)

● Violation of the Anti-Fencing Law (De la Torre vs. COMELEC)

Sec. 68, B.P. blg. 881

Any person who is a permanent resident of or an immigrant to a

foreign country shall not be qualified to run for any elective office under
this Code, unless said person has waived his status as permanent resident
or immigrant of a foreign country in accordance with the residence
requirement provided for in the election laws.

● See Caasi vs. COMELEC

Sec. 40 of the Local Government Code

The following persons are disqualified from running for any elective local
position:

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 nonpolitical 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; and
7. The insane or feeble-minded.

Mercado vs. Manzano (G.R. No.135083, 26 May 1999)

“Dual Citizenship” disqualification means “dual allegiance.” One is

disqualified only if he consciously or deliberately obtains dual citizenship,
thus owing allegiance to two states.

Lopez vs. COMELEC, G.R. No. 182701, 23 July 2008

Sec. 5(2) of R.A. No. 9225 requires that a former Filipino who reacquires
Philippine citizenship by taking the oath of allegiance under R.A. No. 9225,
to state in clear and unequivocal terms that he is renouncing all foreign
citizenship, failing which he is disqualified from running for elective office.

Sobejana-Condon vs. COMELEC, G.R. No. 182701, 23 July 2008

Foreign citizenship must be formally rejected through an affidavit duly

sworn before an officer authorized to administer oath.

Casan Macode vs. COMELEC, G.R. No. 195649, 16 April 2013

Dual citizens by naturalization are required to take not only the Oath of
Allegiance to the Republic of the Philippines, but also to personally
renounce foreign citizenship in order to qualify as a candidate for public
office. If, after he had renounced his foreign citizenship, he should still use
his foreign passport, he is not divested of his Filipino citizenship which he
acquired by taking the required oath of allegiance. However, by
representing himself as a foreign citizen, he voluntarily and effectively
reverted to his earlier status as a dual citizen.

Casan Macode vs. COMELEC, G.R. No. 195649, 16 April 2013

Such reversion was not retroactive; it took place the moment he

represented himself as a foreign citizen by using his foreign passport. As a
dual citizen, he was qualified to vote, but by express disqualification
under Sec. 40(d) of the LGC, he was not qualified to run for a local elective
position. By being barred from even becoming a candidate, his certificate
of candidacy is thus rendered void from the beginning. Without a valid
certificate of candidacy, he is, therefore, a non-candidate, and the votes
cast in his favor should not have been counted.

Fugitives from Justice

The term “fugitive from justice” includes not only those who flee after
conviction to avoid punishment, but likewise those, who after being
charged, flee to avoid prosecution. (Marquez vs. COMELEC G.R. No.
112889 April 18, 1995)

Additional Grounds under Sec. 68, B.P. blg. 881

Any candidate who, in an action or protest in which he is a party is

declared by final decision of a competent court guilty of, or found by the
Commission of having:

(a) 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; (d) solicited, received or made any contribution
prohibited under Sections 89, 95, 96, 97 and 104 or

(e) violated any of Sections 80, 83, 85, 86 and 261, paragraphs d, e, k,
v, and cc, subparagraph 6, shall be disqualified from continuing as a
candidate, or if he has been elected, from holding the office.

Any person who is a permanent resident of or an immigrant to a foreign

country shall not be qualified to run for any elective office under this
Code, unless said person has waived his status as permanent resident or
immigrant of a foreign country in accordance with the residence
requirement provided for in the election laws.

Certificate of Candidacy (Sec. 15, R.A. No. 8436, as amended by

R.A. No. 9369)

The COMELEC shall set the deadline for the filing of certificate of
candidacy/petition of registration/manifestation to participate in the
election, to insure that the official ballot shall contain the titles of the
position to be filled, the names of all the candidates for the same position,
arranged alphabetically by surname and uniformly indicated using the
same type size.

Effect of Filing the COC

Any person who files his certificate of candidacy within this period shall
only be considered as a candidate at the start of the campaign period for
which he filed his certificate of candidacy: Provided, That, unlawful acts
or omissions applicable to a candidate shall effect only upon that
start of the aforesaid campaign period.
Certificate of Candidacy (sec. 15, R.A. No. 8436, as amended by
R.A. No. 9369)

Provided, finally, That any person holding a public appointive office or

position, including active members of the armed forces, and officers, and
employees in government-owned or-controlled corporations, shall be
considered ipso facto resigned from his/her office and must vacate the
same at the start of the day of the filing of his/her certification of
candidacy.

Penera vs. COMELEC, G.R. No. 181613, 25 November 2009

What the law says is "any unlawful act or omission applicable to a

candidate shall take effect only upon the start of the campaign period."
The plain meaning of this provision is that the effective date when
partisan political acts become unlawful as to a candidate is when the
campaign period starts. Before the start of the campaign period, the same
partisan political acts are lawful.
The law does not state, as the assailed Decision asserts, that partisan
political acts done by a candidate before the campaign period are
unlawful, but may be prosecuted only upon the start of the campaign
period. Neither does the law state that partisan political acts done by a
candidate before the campaign period are temporarily lawful, but
becomes unlawful upon the start of the campaign period. This is clearly
not the language of the law. Besides, such a law as envisioned in the
Decision, which defines a criminal act and curtails freedom of expression
and speech, would be void for vagueness.

Penera vs. COMELEC, G.R. No. 181613, 25 November 2009

No candidate can be held liable for premature campaigning because “he

shall be considered a candidate (only) at the start of the campaign
period.”
Accordingly, “unlawful acts or omissions applicable to a candidate shall
take effect only upon the start of the aforesaid campaign period.”

Lanot vs. COMELEC, G.R. No.16458 16 November 2006

The essential elements for violation of Section 80 of the Omnibus Election

Code are:

(1) a person engages in an election campaign or partisan political activity;

(2) the act is designed to promote the election or defeat of a particular
candidate or candidates;
(3) the act is done outside the campaign period.

The second element requires the existence of a "candidate." Under

Section 79(a), a candidate is one who "has filed a certificate of candidacy"
to an elective public office. Unless one has filed his certificate of
candidacy, he is not a "candidate." The third element requires that the
campaign period has not started when the election campaign or partisan
political activity is committed.

Formal Defects in the COC

While a certificate of candidacy is required to be under oath, the election

of a candidate cannot be annulled on the sole ground of formal defects in
the certificate, such as lack of required oath. (De Guzman vs. Board of
Canvassers)

Death, withdrawal, or disqualification of a candidate (Sec. 77,

B.P. blg. 881)

If after the last day for the filing of certificates of candidacy, an official
candidate of a registered or accredited political party dies, withdraws or is
disqualified for any cause, only a person belonging to, and certified by,
the same political party may file a certificate of candidacy to replace the
candidate who died, withdrew or was disqualified.

Sec. 12, R.A. No. 8436

In case of valid substitutions after the official ballots have been printed,
the votes cast for the substituted candidates shall be considered votes for
the substitutes.

Sec. 77 requires that there be an “official candidate” before candidate

substitution proceeds. In this regard, the Certificate of Candidacy is the
document which formally accords upon a person the status of a candidate.
Considering that Sec. 77 requires that there be a candidate in order for
substitution to take place, as well as the precept that a person without a
valid CoC is not considered as a candidate at all, it necessarily follows that
if a person’s CoC had been denied due course to and/or cancelled, he or
she cannot be validly substituted in the electoral process. The existence of
a valid CoC is therefore a condition sine qua non for a disqualified
candidate to be validly substituted. (Tagolino vs. HRET, G.R. No. 202202,
19 March 2013)

Aratea vs. COMELEC, G.R. No. 195229, 9 October 2012

A cancelled certificate of candidacy void ab initio cannot give rise to a

valid candidacy, and much less to valid votes. Thus, the “second placer”
candidate is deemed to have garnered the highest number of votes and is
entitled to hold the corresponding elective position.

Ministerial Duty of the COMELEC (Sec. 76, B.P. blg. 881)

The COMELEC, provincial election supervisor, election registrar or officer

designated by the Commission or the board of election inspectors under
the succeeding section shall have the ministerial duty to receive and
acknowledge receipt of the certificate of candidacy.

The COMELEC has no discretion to give or not to give due course to [a]
certificate of candidacy; that it may not unilaterally cancel a certificate of
candidacy filed in due form without proper notice and hearing.

Instances when the COMELEC may go beyond the face of the COC

1. Nuisance candidates (Sec. 69, B.P.blg. 881);

2. Petition to deny due course or to cancel a certificate of candidacy
(Sec. 78, B.P.blg. 881);
3. A disqualification case based on the grounds enumerated under Sec.
68 of B.P.blg. 881.

Nuisance Candidate

The COMELEC may motu proprio or upon a verified petition of an

interested party, refuse to give due course to or cancel a certificate of
candidacy if it is shown:

1. that said certificate has been filed to put the election process in
mockery or disrepute or;
2. to cause confusion among the voters by the similarity of the names
of the registered candidates; or
by other circumstances or 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.

Dela Cruz vs. COMELEC, G.R. No. 1922221, 13 November 2012

The votes cast for a nuisance candidate declared as such in a final

judgment, particularly where such nuisance candidate has the same
surname as that of the legitimate candidate, are not stray but must be
counted in favor of the latter.

Petition to Deny Due Course or to Cancel a CoC

A verified petition seeking to deny due course or to cancel a certificate of

candidacy may be filed by the person exclusively on the ground that any
material representation contained therein as required under Section 74
hereof is false. The petition may be filed at any time not later than twenty-
five days from the time of the filing of the certificate of candidacy and
shall be decided, after due notice and hearing, not later than fifteen days
before the election.

● Jurisdiction is with the COMELEC division;

● Entails the exercise of quasi-judicial powers;
 ● The false representation in the contents of the COC must refer to
material matters in order to justify the cancellation of the COC
(Villafuerte vs. COMELEC, G.R. No. 206698, 25 February 2014);

Villafuerte vs. COMELEC, G.R. No. 206698, 25 February 2014

Material misrepresentation under B.P. blg. 881 refers to “qualifications for

elective office,” e.g., residency, age, citizenship, or any other legal
qualification necessary for local elective office, as provided under the LGC,
coupled with a showing that there was intent to deceive the electorate.
The candidate’s nickname does not pertain to his eligibility or qualification
for office and cannot be considered a material misrepresentation.

Hayudini vs. COMELEC, G.R. No. 207900, 22 April 2014

The false material representation may refer to the claim of eligibility for
office when the candidate does not possess the requisite qualifications.
Sec. 74 of [B.P. blg. 881] requires the candidate to state that “he is
eligible for said office.” If the candidate is not actually eligible because he
is not a registered voter in the municipality where he intends to be
elected and is not a resident of the same, but still states under oath that
he is eligible, then the candidate clearly makes a false representation, a
ground to support a petition to deny due course or cancel a COC under
Sec. 78.

Fermin vs. COMELEC, G.R. No. 179695, 18 December 2008

A denial of due course to the CoC is not based on the lack of

qualifications but on a finding that the candidate made a material
representation that is false, which may relate to the qualifications
required of the public office. The proceeding under Sec. 78 is likened to
quo warranto proceeding under Sec. 253, with the distinction mainly in
the fact that a Sec. 78 petition is filed before proclamation, while a
petition for quo warranto is filed after proclamation of the
winning candidate.

Jalover vs. Osmena and COMELEC, G.R. No. 209286, 23 Sept. ‘14

The false representation that these provisions mention pertains

to a material fact, not to a mere innocuous mistake. This is
emphasized by the consequences of any material falsity: a candidate who
falsifies a material fact cannot run; if he runs and is elected, cannot serve;
in both cases, he or she can be prosecuted for violation of the election
laws. Obviously, these facts are those that refer to a candidate’s
qualifications for elective office, such as his or her citizenship and
residence.

Jalover vs. Osmena and COMELEC

Separate from the requirement of materiality, a false representation
under Section 78 must consist of a "deliberate attempt to mislead,
misinform, or hide a fact, which would otherwise render a
candidate ineligible." In other words, it must be made with the
intention to deceive the electorate as to the would-be candidate's
qualifications for public office. In Mitra v. COMELEC, we held that the
misrepresentation that Section 78 addresses cannot be the result of a
mere innocuous mistake, and cannot exist in a situation where the intent
to deceive is patently absent, or where no deception of the electorate
results. The deliberate character of the misrepresentation necessarily
follows from a consideration of the consequences of any material falsity: a
candidate who falsifies a material fact cannot run.

Sec. 68. Disqualifications

The jurisdiction of the COMELEC to disqualify candidates is limited to the

grounds enumerated in Sec. 68, B.P. Blg. 881. All other offenses are
beyond the ambit of the COMELEC jurisdiction. They are criminal and not
administrative in nature, and the power of the COMELEC over such cases
is confined to the conduct of preliminary investigation on the alleged
election offenses for the purpose of prosecuting the alleged offenders
before the courts of justice (Codilla vs. COMELEC, G.R. No. 150605, 10
December 2002)

Distinction between a Petition for DQ under Sec. 68 & a Petition

to deny Due Course to a COC under Sec. 78

A disqualification case under Sec. 68 is hinged on either: (1) a candidate’s

possession of a permanent resident status in a foreign country; or (2) his
commission of certain acts of disqualification, e.g., vote-buying, terrorism,
overspending, soliciting or making prohibited contributions, etc. (Tagolino
vs. HRET, G.R. No. 202202, 19 March 2013)

On the other hand, a denial of due course to and/or cancellation of a CoC

proceeding under Section 78 is premised on a person’s misrepresentation
of any of the material qualifications required for the elective office aspired
for. It is not enough that a person lacks the relevant qualification;
he or she must have also made a false representation of the same
in the CoC. (Tagolino vs. HRET, G.R. No. 202202, 19 March 2013)

It must be stressed that one who is disqualified under Section 68 is still

technically considered to have been a candidate, albeit proscribed to
continue as such only because of supervening infractions which do not,
however, deny his or her statutory eligibility. In other words, while the
candidate’s compliance with the eligibility requirements as
prescribed by law, such as age, residency, and citizenship, is not
in question, he or she is, however, ordered to discontinue such
candidacy as a form of penal sanction brought by the commission
of the above-mentioned election offenses. (Tagolino vs. HRET, G.R.
No. 202202, 19 March 2013)

Talaga vs. COMELEC, G.R. No. 1962804, 09 October 2012

While a person who is disqualified under Sec. 68 is merely prohibited to

continue as a candidate, a person whose certificate is cancelled or denied
due course under Sec. 78 is not treated as a candidate at all; it is as if
he/she never filed a CoC.

Effect of DQ case (Sec. 6, R.A. 6646)

Any candidate who has been declared by final judgment to be disqualified

shall not be voted for, and the votes cast for him shall not be counted. If
for any reason a candidate is not declared by final judgment before an
election to be disqualified and he is voted for and receives the winning
number of votes in such election, the Court or Commission shall continue
with the trial and hearing of the action, inquiry, or protest and, upon
motion of the complainant or any intervenor, may during the pendency
thereof order the suspension of the proclamation of such candidate
whenever the evidence of his guilt is strong.

Sec. 78 (False representation Sec. 68 (Petition for DQ)

on a material fact)

The votes cast for such candidate The person is still considered
are null and void, deemed as technically to have been a
stray, because the person is candidate, although proscribed
considered not to have been a to continue as such only
candidate at all. because of supervening
infractions which do not,
however, deny his statutory
eligibility.

CAmpaign: Election Propaganda Contributions and Expenses (Sec.

79, B.P. Blg. 881)

The term "election campaign" or "partisan political activity" refers to an

act designed to promote the election or defeat of a particular candidate or
candidates to a public office.
Election Campaign includes:

1. Forming organizations, associations, clubs, committees or other

groups of persons for the purpose of soliciting votes and/or
undertaking any campaign for or against a candidate;
2. Holding political caucuses, conferences, meetings, rallies, parades,
or other similar assemblies, for the purpose of soliciting votes and/or
undertaking any campaign or propaganda for or against a
candidate;
3. Making speeches, announcements or commentaries, or holding
interviews for or against the election of any candidate for public
office;
4. Publishing or distributing campaign literature or materials designed
to support or oppose the election of any candidate; or
5. Directly or indirectly soliciting votes, pledges or support for or
against a candidate.

Public expressions or opinions or discussions of probable issues in a

forthcoming election or on attributes of or criticisms against probable
candidates proposed to be nominated in a forthcoming political party
convention shall not be construed as part of any election campaign or
partisan political activity contemplated under this Article.

Lawful Election Propaganda (Sec. 82, B.P. blg. 881)

All other forms of election propaganda not prohibited by this Code as the
Commission may authorize after due notice to all interested parties and
hearing where all the interested parties were given an equal opportunity
to be heard: Provided, That the Commission's authorization shall be
published in two newspapers of general circulation throughout the nation
for at least twice within one week after the authorization has been
granted.

Prohibited Forms (Sec. 85, B.P., BLG. 881)

1. To print, publish, post or distribute any poster, pamphlet, circular,

handbill, or printed matter urging voters to vote for or against any
candidate unless they bear the names and addresses of the printer
and payor as required in Section 84 hereof [must include the words
“paid for” etc;
2. To erect, put up, make use of, attach, float or display any billboard,
tinplate-poster, balloons and the like, of whatever size, shape, form
or kind, advertising for or against any candidate or political party;
3. To purchase, manufacture, request, distribute or accept electoral
propaganda gadgets, such as pens, lighters, fans of whatever
nature, flashlights, athletic goods or materials, wallets, shirts, hats,
bandanas, matches, cigarettes and the like, except that campaign
supporters accompanying a candidate shall be allowed to wear hats
and/or shirts or T-shirts advertising a candidate;
 4. To show or display publicly any advertisement or propaganda for or
against any candidate by means of cinematography, audio-visual
units or other screen projections except telecasts which may be
allowed as hereinafter provided; and
5. For any radio broadcasting or television station to sell or give free of
charge air time for campaign and other political purposes except as
authorized in this Code under the rules and regulations promulgated
by the Commission pursuant thereto.

Electoral Contributions (see Sec. 94-97)

No contribution for purposes of partisan political activity shall be made

directly or indirectly by any of the following

1. Public or private financial institutions : Provided, however, That

nothing herein shall prevent the making of any loan to a candidate
or political party by any such public or private financial institutions
legally in the business of lending money, and that the loan is made
in accordance with laws and regulations and in the ordinary course
of business;
2. Natural and juridical persons operating a public utility or in
possession of or exploiting any natural resources of the nation;
3. Natural and juridical persons who hold contracts or sub-contracts to
supply the government or any of its divisions, subdivisions or
instrumentalities, with goods or services or to perform construction
or other works;
4. Natural and juridical persons who have been granted franchises,
incentives, exemptions, allocations or similar privileges or
concessions by the government or any of its divisions, subdivisions
or instrumentalities, including government-owned or controlled
corporations;
5. Natural and juridical persons who, within one year prior to the date
of the election, have been granted loans or other accommodations
in excess of P100,000 by the government or any of its divisions,
subdivisions or instrumentalities including government-owned or
controlled corporations;
6. Educational institutions which have received grants of public funds
amounting to no less than P100,000.00;
7. Officials or employees in the Civil Service, or members of the Armed
Forces of the Philippines; and
8. Foreigners and foreign corporations.

It shall be unlawful for any person to solicit or receive any contribution

from any of the persons or entities enumerated herein.

Prohibited Donations by Candidates (Sec. 104, B.P. blg. 881)

No candidate, his or her spouse or any relative within the second civil
degree of consanguinity or affinity, or his campaign manager, agent or
representative shall during the campaign period, on the day before and on
the day of the election, directly or indirectly, make any donation,
contribution or gift in cash or in kind, or undertake or contribute to the
construction or repair of roads, bridges, school buses, puericulture
centers, medical clinics and hospitals, churches or chapels cement
pavements, or any structure for public use or for the use of any religious
or civic organization: Provided, That normal and customary religious dues
or contributions, such as religious stipends, tithes or collections on
Sundays or other designated collection days, as well as periodic payments
for legitimate scholarships established and school contributions habitually
made before the prohibited period, are excluded from the prohibition.

Pre-Proclamation Controversy (Sec. 15, R.A.No. 7166)

For purposes of the elections for President, Vice-President, Senator and

Member of the House of Representatives, no pre-proclamation cases shall
be allowed on matters relating to the preparation, transmission, receipt,
custody and appreciation of the election returns or the certificates of
canvass, as the case may be. However, this does not preclude the
authority of the appropriate canvassing body motu propio or upon written
complaint of an interested person to correct manifest errors in the
certificate of canvass or election returns before it.
Questions affecting the composition or proceedings of the board of
canvassers may be initiated in the board or directly with the Commission
in accordance with Section 19 hereof.
Any objection on the election returns before the city or municipal board of
canvassers, or on the municipal certificates of canvass before the
provincial board of canvassers or district boards of canvassers in Metro
Manila Area, shall be specifically noticed in the minutes of their respective
proceedings.

Election Contests

President/Vice President Supreme Court;

Presidential Electoral Tribunal

Senator Senate Electoral Tribunal

Representatives House of Representative Electoral

Tribunal

Regional/Provincial/City Public COMELEC

Officers

Municipal Public Officers RTC

Barangay Public Officers MTC
Appeals

● From decisions of the RTC and the MTC, appeal shall be made
exclusively to the COMELEC, whose decision shall be final,
executory and not appealable.
● This does not preclude a recourse to the SC, by way of a special civil
action on certiorari, on the ground of grave abuse of discretion.
● From decisions of the COMELEC, appeal shall be made through a
petition for review on certiorari under Rule 64, in relation to Rule 65,
to be filed with the SC within 30 days from receipt of a copy of the
decision, on the ground of grave abuse of discretion amounting to
lack or excess of jurisdiction or violation of due process.
● From decision of the Electoral Tribunal, appeal shall be made
through a petition for review on Certiorari under Rule 64 filed with
the SC, on the ground of grave abuse of discretion amounting to
lack or excess of jurisdiction or violation of due process.

Election protest; requisites

1. Must be filed by a candidate who has filed a CoC and has been
voted upon for the same office;
2. On the grounds of fraud, terrorism, irregularities or illegal acts
committed before, during, and after the casting and counting of
votes;
3. Within ten days from proclamation of results of the election.

Quo Warranto

1. Filed by any registered voter in the constituency;

2. On the grounds of ineligibility or disloyalty to the Republic of the
Philippines;
3. Within ten days from the proclamation of the results of the election.