Subject: ELECTIONS Compiled by, and for the Benefit Of,

Professor: Atty. VALENCIA LAKAS ATENISTA

2004 Final Examination
Prepared by: kjpa
1. Problem:
es! t"e contention of #oyful is tenable. $t is already a settled rule t"at filin% of a motion for reconsideration
interrupts t"e runnin% of t"e re%lementary period. &o'e(er! '"ere it is specifically pro(ided under t"e la' t"at a
motion for reconsideration is not allo'ed! its filin% 'ould not interrupt t"e runnin% of t"e prescripti(e period.
$n t"e case at bar! )ompassionate filed a motion for reconsideration of t"e decision of t"e *+)! in(ol(in% election
contest! '"ic" under t"e la' is not allo'ed. &ence! it becomes a pro,forma motion and it does not interrupt t"e
runnin% of t"e re%lementary period '"ic" is only fi(e days from t"e receipt of t"e decision.
2.
-"at are t"e 2 instances '"ic" %rant t"e )omelec aut"ority to decide pre,proclamation issues.
1. in t"e appeals from t"e rulin% of t"e board of can(assers
a. rulin% on /uestions contestin% t"e board of can(assers composition or proceedin%s. +"e appeal must be
taken by t"e party ad(ersely affected to t"e )omelec 'it"in 0 days from t"e filin% t"ereof as pro(ided
for under Sec. 11 of *2 3144
b. rulin% on /uestions contestin% election returns. +"e party ad(ersely affected must inform t"e board of
can(assers t"at "e intends to appeal fro! t"e rulin% and t"e board s"all enter said information in t"e
minutes of t"e can(ass and 'it"in 15 "ours from t"e rulin%! t"e ad(erse party must file 'it" t"e board
of can(assers a 'ritten and (erified notice of appeal to t"e )omelec.
2. -"at is6are t"e po'er6s of )omelec o(er t"e 78).
+"e po'er of t"e )omelec o(er t"e 78) is t"at it "as t"e po'er to order a ne' can(ass of returns e(en after t"e
proclamation "ad already been made '"ere an election return "as been amended by court order or t"e election
returns from a certain precinct "as been 'ron%fully excluded by t"e board of can(asser.
+"e )omelec can also order t"e 78) to recon(ene and make anot"er proclamation '"ere an election return "as
been declared aut"entic and amended or '"ere t"e board of can(asser 'ron%fully excluded election returns from
pollin% places.
-"en does t"e 78) become functus de oficio.
- '"en its specific functions "a(e been perfomed. +"e 78)9s function is to can(ass t"e results of t"e election
based on t"e election returns and proclaim t"e 'innin% candidate. 2fter t"e proclamation and after it
adjoined sine die! t"e 78) become functus de oficio.
- 2s a %eneral rule! a 78) becomes functus oficio after it proclaims t"e 'innin% candidates. 2n exception is in
t"e case of #a(ier (. )omelec! '"en t"e can(ass and t"e proclamation 'ere made in (iolation of la'ful
order of t"e )omelec.
0. 2s a %eneral rule! no pre,proclamation contro(ersy s"all be allo'ed for t"e president! (ice,president! senators and
members of t"e "ouse of representati(e. 2n exception to t"is is '"en t"e matters and issues in(ol(e material
defects as to t"e election returns or certificates of can(ass. 2ny of t"em can raise be raised as a pre,proclamation
contro(ersy. -"en it in(ol(es issue re%ardin% manifest errors found in t"e election return and6or on t"e face of t"e
certificate of can(ass a pre,proclamation contro(ersy may be allo'ed.
1
Subject: ELECTIONS Compiled by, and for the Benefit Of,
Professor: Atty. VALENCIA LAKAS ATENISTA
4. '"at is t"e effect of t"e filin% of an election contest if t"ere is a pendin% pre,proclamation contro(ersy.
2s a %eneral rule! after t"e proclamation of t"e 'innin% candidate for t"e contested seat! t"e pre,proclamation
contro(ersy is no lon%er (iable! t"e more appropriate remedy bein% a re%ular election protest or a petition for /uo
'arranto.
2n exception '"ere a pre,proclamation contro(ersy is still (iable after proclamation is '"en t"e 78) 'as improperly
constituted: t"e /uo 'arranto 'as not t"e proper remedy: '"at 'as filed actually a petition to annul t"e
proclamation: t"e filin% of t"e /uo 'arranto 'as made ad cautelam: or t"e proclamation 'as null and (oid.
;. distin%uis" election protests from /uo 'arranto
1. as to '"o may file: $n an election protest! any candidate '"o "as filed a certificate of candidacy and "as
been (oted for t"e same office. $n a /uo 'arranto! any re%istered (oters in t"e constituency of t"e public
electi(e officer.
2. as to t"e %rounds: in an election protest! t"e %rounds are fraud! terrorism! irre%ularities or ille%al acts
committed before or after t"e castin% of (otes. $n a /uo 'arranto! t"e %rounds are eit"er ineli%ibility or
disloyalty to t"e *epublic of t"e P"ilippines.
0. as to t"e effect of t"e filin% or '"en petition is %ranted: in an election protest t"e prostee may be ousted
and t"e protestant may seat in t"e office (acated. $n a /uo 'arranto! t"e respondent may be unseated bit
t"e petitioner 'ill not be seated in t"e (acated office.
4. as to t"e period of filin%: in a election protest: bot" t"e election protest and t"e /uo 'arranto proceedin%
must be filed 'it"in 10 days from t"e proclamation of t"e 'innin% candidate.
;. as to t"e jurisdiction: bot" t"e election protest and t"e /uo 'arranto proceedin% may be filed before t"e
presidential electoral tribunal for t"e president and t"e (ice,president! senate electoral tribunal for
senators! "ouse of representati(e electi(e tribunal for "ouse representati(es! t"e )omelec for re%ional!
pro(incial and city electi(e officials! t"e re%ional trial courts for municipality electi(e officials and t"e <+)s
for baran%ay officials.
4. problem:
=o! dama%es may not be a'arded in an election protest case. 2lt"ou%" t"e 8E) pro(ides t"at actual or
compensatory dama%es may be a'arded in accordance 'it" t"e la' in an election protest case! it is not sufficient
basis for t"e a'ard of suc" dama%es because t"e p"rase in accordance 'it" la' refers to t"e )i(il )ode and t"e
latter does not pro(ide for suc" relief.
>nder t"e )i(il )ode! pro(ision on dama%es may be a'arded in breac"es of obli%ations in a contract! /uasi,contract!
crimes or /uas,delicts. +"ere is no suc" breac" of obli%ation in an election protest case neit"er is t"ere a crime.
>nless and until a party can point a specific pro(ision of la' %rantin% suc" relief ! actual or compensatory dama%es
cannot be a'arded. 2t most! in an election case! it can only be considered as one 'it" a dama%e but 'it"out an
injury.
+"e ousted losin% party "o'e(er! '"o "ad assumed t"e duties of t"e office is entitled to emoluments to "is
occupation to t"e office in %ood fait" as "eld in t"e case of <alaluan (. )omelec. 2s t"e emoluments ri%"tfully
belon%s to suc" officer as "e is considered a de jure officer under t"e la'.
2
Subject: ELECTIONS Compiled by, and for the Benefit Of,
Professor: Atty. VALENCIA LAKAS ATENISTA
3.
+"e docket fees must be paid to%et"er 'it" t"e filin% of t"e election protest or 'it"in 10 days after t"e
proclamation.
$n t"e case of Soller (. )omelec! t"e Supreme )ourt "eld t"at a court ac/uires jurisdiction o(er any case only upon
payment of prescribed docket fees. +"is re/uirement is mandatory and failure
3
Subject: ELECTIONS Compiled by, and for the Benefit Of,
Professor: Atty. VALENCIA LAKAS ATENISTA
Elections Final Examination September 02! 2004
Prepared by: kjpa
1.
2. ?iscuss t"e statutory interpretation of election la's. @3.;A
2ns'er: Sec. 0! *ule 1 of t"e )omelec *ules of Procedure pro(ide t"at t"e rules s"all be liberally construed in
order to promote t"e effecti(e and efficient implementation of t"e objecti(es ensurin% t"e "oldin% of an "onest!
orderly! peaceful! free and credible elections and to ac"ie(e a just! expeditious and inexpensi(e determination
and disposition of e(ery action and proceedin% brou%"t before t"e )omelec.
$n applyin% t"e rules of statutory construction "o'e(er! t"e pro(isions of election la's are di(ided into 0 parts
namely:
+"ose '"ic" refer to t"e conduct of elections re/uired to be obser(ed by election officials. +"ese are
construed mandatory before t"e elections and directory after t"e elections. +"e rules and re%ulations for
t"e conduct of elections are mandatory before t"e elections! but '"en it is sou%"t to enforce t"em after t"e
elections t"ey are "eld to be directory only! most particularly if innocent (oters 'ill be disenfranc"ised by
t"e ne%li%ence or omission of t"e election officers. $n t"e case of FernandeB (. )omelec it 'as "eld
+"ose pro(isions '"ic" candidates for public electi(e office are re/uired to do and comply 'it". +"ese are
construed mandatory.
+"ose pro(isions '"ic" co(er procedural rules desi%ned to ascertain! in case of dispute! t"e actual 'inner in
t"e elections. +"ere are liberally construed.
7. -"at remedy is a(ailable to a party a%ainst '"om a findin% of probable cause in an election offense case
'as rendered. @3.;A
2.
2drian and Cenicio 'ere mayoralty candidates in t"e local elections "eld on <ay 11! 1115. Cenecio 'as declared
'inner. Cenicio and #ason! '"o 'as elected (ice,mayor! 'ere proclaimed on <ay 14! 1115.
8n <ay 20! 1115! 2drian filed a petition in t"e )omelec entitled Petition to ?eclare Failure of Election and6or annul
t"e election results in t"e said municipality! docketed as SP2 =o. 05,15 in t"e *+).
8n #uly 4! 1115! 2drian mo(ed to 'it"dra' SP2 15,0;4 in t"e )omelec in order to prosecute election protest no. 05,
15 in t"e *+). +"e )omelec %ranted 2drian9s motion in its order dated February 4! 1111.
<ean'"ile! Cenicio filed "is ans'er in election protest no. 05,15 in '"ic" "e sou%"t t"e dismissal of t"e protest on
t"e %round t"at it 'as filed more t"an 10 days from t"e date of proclamation on <ay 14! 1115. Cenicio reiterated "is
motion to dismiss in a subse/uent pleadin% and in addition! asked t"at it be resol(ed before 2drian9s motion for
tec"nical examination of some documents. 2drian! on t"e ot"er "and contends t"at as lon% as t"ere is a prayer for
t"e annulment of a proclamation! t"e filin% of suc" petition effecti(ely suspends t"e runnin% of t"e period for filin%
an election protest. $n an order dated 2u%ust 15! 1115! t"e trial court denied t"e motion to dismiss.
8n #une 11! 1111! t"e )omelec En 7anc dismissed SP* =o! 05,15 for lack of merit. $t "eld t"at '"ile SP2 =o. 15,0;4
filed by Cenicio 'as denominated as petition to declare a failure of election and6or annul t"e election results! t"e
case 'as actually a petition for annulment of proclamation '"ic" under Section 245 of t"e 8mnibus Election )ode!
suspended t"e runnin% period for filin% of an election protest. )onse/uently! t"e filin% of election protest no. 05,15
in t"e *+) on #une 11! 1115 'as timely as SP2 no. 15,0;4 filed one day before t"e lapse of t"e period for filin% an
election protest pre(ented t"e expiration t"e expiration of said period.
4
Subject: ELECTIONS Compiled by, and for the Benefit Of,
Professor: Atty. VALENCIA LAKAS ATENISTA
Cenicio t"en filed a petition for certiorari @SP* no. 03,15A in t"e )omelec! assailin% t"e order of t"e *+) denyin% "is
motion to dismiss. -"ile t"e case 'as pendin% Cenicio! died! and "is spouse mo(ed to be substituted in "is place in
t"e pendin% cases before t"e )omelec and t"e *+).
*ule on t"e contention of t"e parties and on '"et"er or not )omelec %ra(ely abused its discretion amountin% to lack
of jurisdiction in dismissin% SP* 03,15. -6= t"e substitution s"ould be allo'ed.
2ns:
a. +"e contention of Cenicio t"at t"e election protest s"ould be dismissed on t"e %round t"at it 'as filed out
of time is proper. >nder t"e election code! an election protest "as to be filed 'it"in 10 days after
proclamation.
8n t"e ot"er "and! t"e contention of 2drian t"at as lon% as t"ere is a prayer for t"e annulment of a
proclamation! t"e filin% of suc" petition effecti(ely suspended t"e runnin% of t"e period for filin% an election
protest is not meritorious. +"e election code is clear on t"e prescripti(e period 'it"in '"ic" to file an election
protest! and t"at is 'it"in 10 days after t"e proclamation.
+"e )omelec committed %ra(e abuse of discretion '"en it dismissed t"e SP* 03,15 because a petition for
annulment of proclamation may still continue in certain instances e(en if t"ere 'as already a protest case if t"e
e(idence presented 'arrants t"e continuance of t"e "earin%. $t 'as "eld t"at a proclamation declared (oid is no
proclamation at all and t"e party declared 'inner '"o "as assumed office may be remo(ed as "is assumption is
/uestioned and 'ill "a(e to depend on t"e outcome of t"e petition.
b. +"e motion for substitution is not proper since t"e spouse is not a party in interest '"o 'ould be benefited
or injured by t"e jud%ment and entitled to a suit. Public office is personal to t"e protestee and not a
property transmissible to "is "eirs.
0. -"at pleadin%s are not allo'ed in actions or proceedin%s before t"e )omelec.
*ule 10! Section 1 of t"e )omelec *ules of Procedure enumerates t"e follo'in% pro"ibited pleadin%s:
@aA motion to dismiss:
@bA motion for a bill of particulars:
@cA motion for extension of time to file memorandum or brief:
@dA motion for reconsideration of an en banc rulin%! resolution! order or decision except in election offense
cases:
@eA motion for re,openin% or re,"earin% of a case:
@fA reply in special actions and in special cases: and
@%A supplemental pleadin%s in special actions and in special cases.
5
Subject: ELECTIONS Compiled by, and for the Benefit Of,
Professor: Atty. VALENCIA LAKAS ATENISTA
Election Final Exam 2000
Prepared by: kjpa
1. -"at are t"e procedural aspects in t"e filin% of election offense cases.
2ns: +"e follo'in% are t"e procedural aspects in t"e filin% of election offense case:
a. a complaint filed for election offenses is 'it"in t"e jurisdiction of t"e *+). +"e )omelec9s tasks is merely to
conduct preliminary in(esti%ation by referrin% t"e case to "e )omelec Da' ?epartment or by desi%nation a
special prosecutor to conduct t"e preliminary in(esti%ation6
b. an appeal on t"e decision of t"e Pro(incial Prosecutor desi%nated by t"e )omelec to conduct preliminary
in(esti%ation is co%niBable by t"e )omelec. -"en t"e preliminary in(esti%ation is conducted by t"e )omelec
Da' ?epartment! appeals on t"e decision may be brou%"t to t"e )omelec9s di(ision.
c. 2 motion for reconsideration of an en banc decision is allo'ed in election offense cases as pro(ided in t"e
)omelec *ules of procedure.
d. For proceedin%s in t"e *+)! t"e pro(isions in t"e *ules of )ourt 'ill apply: for proceedin%s in t"e )omelec!
t"e )omelec *ules of procedure 'ill apply.
e. +"e court may ask t"e )omelec to conduct rein(esti%ation it 'arranted and suc" 'ill not be tantamount to
an encroac"ment on t"e )omelec9s independence.
f. 2 motion for reconsideration on an en banc decision must be filed 'it"in ; days from t"e date of t"e
promul%ation of t"e decision. Failure to file in t"e said period 'ill make t"e decision final and executory.
2. -"en is a motion for reconsideration of a decision of a )omelec di(ision considered pro,forma. Effects.
2ns: motion for reconsideration of a decision of a )omelec di(ision considered pro,forma:
a. '"en it is a second a motion for reconsideration
b. '"en it does not alle%e ne' or substantial %orund
c. '"en it merely states t"e decision is contrary to la'
d. '"en it affords no notice to t"e parties
e. '"en it is merely a re"as" @repetitionA of t"e first motion for reconsideration
+"e filin% of a pro,forma motion for reconsideration 'ill not toll t"e period 'it"in '"ic" t"e decision s"ould be
appealed. $f t"e motion is pro,forma! t"e decision of t"e )omelec di(ision may become final and executory.
0. -"at are t"e circumstances under '"ic" t"e 0 term limit for electi(e local officials can be applied. -"at are t"e
exceptions.
2ns: +"e follo'in% are t"e circumstances under '"ic" t"e t"ree term limit for electi(e local officials can be applied:
a. t"at t"e official 'as duly elected to t"e same position for t"e t"ree consecuti(e terms
b. t"at t"e official "as duly ser(ed t"e term in full

+"e follo'in% are t"e situations not considered as ser(ice of term:
1. in t"e case of 2dormeo (. )omelec! a person '"o "as ser(ed "is 0
rd
term by (irtue of a recall
election in '"ic" "e "as emer%ed as t"e candidate 'it" t"e "i%"est number of (otes! t"e ser(ice of
suc" term is not considered in t"e countin% of t"e t"ree,term limit for purposes of dis/ualification.
+"e Supreme court "eld t"at t"e official must "a(e been duly elected to t"e position by (irtue of an
election and not a recall election.
6
Subject: ELECTIONS Compiled by, and for the Benefit Of,
Professor: Atty. VALENCIA LAKAS ATENISTA
2. in DonBanida (. )omelec! t"e Supreme )ourt "eld t"at a candidate '"o ran for a t"ird term but 'as
unseated t"ereof because of an election protest filed a%aint "im is not considered to "a(e been
elected to suc" position and to "a(e fully ser(ed suc" term for t"e purpose of t"e 0,term limit as a
basis for dis/ualification of said candidate. +"e court "eld t"at '"en t"e official 'as unseated by
(irtue of an election protest case! it is considered no proclamation 'as "eld at all. $n(oluntary
renunciation of t"e position s"all not be considered as an interruption in t"e ser(ice of t"e term
0. in 7orja (. )omelec! t"e Supreme )ourt "eld t"at '"en an official enters into t"e same of t"e t"ird
time by (irtue of le%al succession after "a(in% fully ser(ed t"e term in t"e same position already "is
ser(ice in t"e t"ird term by (irtue of le%al succession cannot be considered as on term for purposes
of t"e t"ree term limit for dis/ualification. +"e court "eld t"at t"e official must "a(e been elected
to t"e position and "as fully ser(ed t"e term for purposes of t"e t"ree term limit.
4. -"at are t"e effects of dis/ualification.
2ns: +"e follo'in% are t"e effects of a dis/ualification case:
1. if t"e candidate 'as dis/ualified before t"e start of t"e election! "e is deemed not to be a candidate. +"us!
"e s"ould not be (oted for in t"e election. 2ll (otes cast in "is fa(or are considered stray (otes but 'ill not
in(alidate t"e '"ole ballot.
2. if t"e candidate 'as dis/ualified before t"e date of t"e election! t"e )omelec s"all proceed 'it" t"e trial
and "earin% of t"e case. +"e )omelec 'ill not be di(ested of its jurisdiction o(er t"e case. &o'e(er t"e
opposin% party may be mo(e to suspend t"e proclamation of t"e candidate '"en t"e petition is meritorious
or '"en t"e e(idence of %uilt is stron% as s"o'n by t"e e(idence introduced by t"e opposin% party.
;. -"en is a candidate eli%ible to rum for public office.
2ns: 2 candidate is eli%ible to run for public office! if "e possesses all t"e /ualifications and none of t"e
dis/ualifications pro(ided under t"e 1153 )onstitution! t"e 8mnibus Election )ode and t"e Docal Eo(ernment )ode
as t"e case may be.
<ost importantly in t"e 8E)! a person is eli%ible to run for public office! if "e "as filed "is s'orn certificate of
candidacy 'it"in t"e period fixed by la'.
4. -"en is t"e electi(e official deemed resi%ned under *2 5404 and *2 1004.
2ns: an electi(e official '"o filed "is certificate of candidacy under Sec 11 of *2 5404 for a position ot"er t"an "is
incumbent position! except for President and Cice,President! s"all be deemed to be resi%ned not after t"e filin% of
t"e certificate of candidacy but durin% t"e start of t"e campai%n period.
&o'e(er! in (ie' of t"e pro(isions of *2 1004! Sec. 14 of *2 5404 is deemed expressly repealed. 2n electi(e official
'"o filed a certificate of candidacy s"all not be deemed resi%ned.
3. -"at are t"e effects of filin% a certificate of candidacy.
>nder Sec. 44 of t"e 8mnibus Election )ode! an appointi(e official is considered resi%ned upon "is filin% of certificate
of candidacy. &e is deemed automatically resi%ned upon "is filin% of certificate of candidacy for anot"er office and
need not resi%n for jis position.
>nder Sec. 43 of t"e 8mnibus Election )ode! a candidate for an electi(e office '"et"er national or local! runnin% for
an office ot"er t"an t"e one "e is "oldin% in a permanent capacity is considered ipso facto resi%ned from office upon
"is filin% of certificate of candidacy! except if "e is runnin% for t"e office of President and Cice,President.
7
Subject: ELECTIONS Compiled by, and for the Benefit Of,
Professor: Atty. VALENCIA LAKAS ATENISTA
&o'e(er! *2 1004 repealed Sec. 43 of t"e 8E) t"at t"e candidate is deemed resi%ned until t"e end of t"e period of
filin% of certificate of candidacy.
5. Substitution..
>nder t"e 8E)! am member of a political party '"o filed a certificate of candidacy but subse/uently dies! 'it"dra's!
or is dis/ualified durin% or on t"e last "our of t"e last filin% day may be substituted under t"e follo'in%F
1. t"at t"e substitute is also a member of t"e political party to '"ic" t"e person '"o dies! 'it"dra's or
dis/ualified belon%s to
2. t"at t"e substitute must be nominated by t"e party to '"ic" t"e person '"o died! 'it"dra' or dis/ualified
0. t"at t"e substitute must file "is s'orn application of certificate of candidacy attac"in% t"erein t"e certificate
of nomination by t"e political party.
4. t"at t"e substitute must file "is s'orn certificate of candidacy anytime after t"e last day of filin% up to
midday of t"e election day.
Substitution 'ill only be effected in t"e candidacy of t"e political member '"o died! 'it"dra' or is dis/ualified on
t"e last "our of t"e last day of filin% in a member of a political party. >nder t"e 8E)! substitution is a pri(ile%e
%ranted only to political parties re%istered under t"e )omelec. +"e substitute may be (oted for in t"e election and all
(otes cast for "im s"all be counted in "is fa(or.
1. -"at are t"e salient features of *2 1004.
*2 1004 or t"e Fair Election 2ct brou%"t about a c"an%e in t"e %eneral rule on election campai%n! '"ic" are as
follo's:
1. Print! radio! tele(ision ad(ertisement as campai%n propa%anda are no' allo'ed. From print ad(ertisement!
siBe s"all not exceed G oa%e in broads"eet or H pa%e in tabloid! for t"ree times a 'eek in a ne'spaper of
%eneral circulation. For radio ad(ertisements! t"e allo'ed maximum for national candidates is 150 minutes
and for local candidates is 120 minutes. For t( ads! t"e allo'ed maximum for national candidates is 10
minutes and for local candidates is 40 minutes. $n print! radio or t( ads! t"e 'ord Ipolitical ad(ertisement
paid forF s"ould al'ays be indicated follo'ed by t"e name and addresses of t"ose '"o paid for t"e ads and
for '"ose benefit t"e ads 'ere paid for.
2. t"e )omelec s"all allocate I)omelec SpaceF in print or in a ne'spaper after payment of just compensation
to t"e latter. +"e allocation to t"e candidates s"all be e/ual and s"all be %i(en free of c"ar%e.
0. t"e )omelec s"all also pro(ide I)omelec +imeF and may ask t"e broadcasters to allocate a time slot for t"e
presentation of candidates or for t"eir debates. +"e allocation to t"e candidates s"all be e/ual and s"all be
%i(en free of c"ar%e.
4. t"e )omelec s"all desi%nate not more t"an 10 public places suc" as parks! baran%ay centers and ot"er
places as common poster areas. For political parties it s"all not exceed 12x14 feet and for independent
candidates 4x5 feet!
;. t"e conduct of exit polls and electoral sur(eys are also allo'ed under t"e la' pro(ided t"e %uidelines under
*2 1004.
10. ?istin%uis" exit polls from electoral sur(ey
Exit polls and electoral sur(eys are distin%uis"ed as follo's:

1. as to purpose: an exit poll is a species of electoral sur(ey conducted and desi%nated to elicit from (oters t"e
people t"ey (oted for in t"e election to predict t"e probable result of t"e election. Electoral sur(ey is a
met"od of kno'in% and measurin% perception of (oters 'it" re%ard to t"e /ualifications of t"e candidates!
platforms or ot"er issues related to t"eir c"oice as (oters.
8
Subject: ELECTIONS Compiled by, and for the Benefit Of,
Professor: Atty. VALENCIA LAKAS ATENISTA
2. as to %uidelines: under section ;.; of *2 1004 and as discussed in t"e case of 27S,)7= (. )omelec! t"e
follo'in% are t"e %uidelines to be follo'ed in t"e conduct of exit polls:
t"e sur(ey must be done outside ;0 meter radius from t"e pollin% place
t"e pollster s"all 'ear distincti(e clot"in%
t"e (oter s"ould be informed t"at t"e may refuse to ans'er t"e exit poll
t"at t"e result of t"e exit poll s"all be announced after t"e closin% of t"e polls and must
indicate t"at t"e same is unofficial and does not represent a trend
in electoral sur(eys! t"e follo'in% are t"e %uidelines to be follo'ed as pro(ided for under *2 1004
t"at t"e names and addresses of t"e person '"o commissioned t"e sur(ey must be indicated
t"at t"e name of t"e firm '"o conducted t"e sur(ey must be indicated
t"e selection of t"e respondent s"ould be in random and t"e met"odolo%y used must be
disclosed
mar%in of error must be indicated
0. as to '"en it is conducted: exit polls are usually conducted on t"e day of t"e election itself! askin% in
random some (oters as respondents after t"ey "a(e (oted in t"eir respecti(e pollin% places. 2n election
sur(ey is usually conducted before t"e election day.
11. '"at are t"e actions6s to be taken to dis/ualify a candidate before elections
1. under section 12 of t"e 8E): 2ny person '"o "as been declared by competent aut"ority insane or
incompetent! or "as been sentenced by final jud%ment for sub(ersion! insurrection! rebellion or for any
offense for '"ic" "e "as been sentenced to a penalty of more t"an ei%"teen mont"s or for a crime in(ol(in%
moral turpitude! s"all be dis/ualified to be a candidate and to "old any office! unless "e "as been %i(en
plenary pardon or %ranted amnesty. +"is dis/ualifications to be a candidate "erein pro(ided s"all be
deemed remo(ed upon t"e declaration by competent aut"ority t"at said insanity or incompetence "ad
been remo(ed or after t"e expiration of a period of fi(e years from "is ser(ice of sentence! unless 'it"in t"e
same period "e a%ain becomes dis/ualified.
2. under sec. 45 of t"e 8E): 2ny candidate '"o! in an action or protest in '"ic" "e is a party is declared by
final decision of a competent court %uilty of! or found by t"e )ommission of "a(in% @aA %i(en money or ot"er
material consideration to influence! induce or corrupt t"e (oters or public officials performin% electoral
functions: @bA committed acts of terrorism to en"ance "is candidacy: @cA spent in "is election campai%n an
amount in excess of t"at allo'ed by t"is )ode: @dA solicited! recei(ed or made any contribution pro"ibited
under Sections 51! 1;! 14! 13 and 104: or @eA (iolated any of Sections 50! 50! 5;! 54 and 241! para%rap"s d! e!
k! (! and cc! subpara%rap" 4! s"all be dis/ualified from continuin% as a candidate! or if "e "as been elected!
from "oldin% t"e office. 2ny person '"o is a permanent resident of or an immi%rant to a forei%n country
s"all not be /ualified to run for any electi(e office under t"is )ode! unless said person "as 'ai(ed "is status
as permanent resident or immi%rant of a forei%n country in accordance 'it" t"e residence re/uirement
pro(ided for in t"e election la's.
3. under art. 40 of t"e DE) +"e follo'in% persons are dis/ualified from runnin% for any electi(e local position:
@aA +"ose sentenced by final jud%ment for an offense in(ol(in% moral turpitude or for an offense
punis"able by one @1A year or more of imprisonment! 'it"in t'o @2A years after ser(in% sentence:
@bA +"ose remo(ed from office as a result of an administrati(e case:
@cA +"ose con(icted by final jud%ment for (iolatin% t"e oat" of alle%iance to t"e *epublic:
@dA +"ose 'it" dual citiBens"ip:
@eA Fu%iti(es from justice in criminal or nonpolitical cases "ere or abroad:
9
Subject: ELECTIONS Compiled by, and for the Benefit Of,
Professor: Atty. VALENCIA LAKAS ATENISTA
@fA Permanent residents in a forei%n country or t"ose '"o "a(e ac/uired t"e ri%"t to reside abroad
and continue to a(ail of t"e same ri%"t after t"e effecti(ity of t"is )ode: and
@%A +"e insane or feeble,minded.
4. under sec. 41 of t"e 8E): +"e )ommission may motu proprio or upon a (erified petition of an interested
party! refuse to %i(e due course to or cancel a certificate of candidacy if it is s"o'n t"at said certificate "as
been filed to put t"e election process in mockery or disrepute or to cause confusion amon% t"e (oters by
t"e similarity of t"e names of t"e re%istered candidates or by ot"er circumstances or acts '"ic" clearly
demonstrate t"at t"e candidate "as no bona fide intention to run for t"e office for '"ic" t"e certificate of
candidacy "as been filed and t"us pre(ent a fait"ful determination of t"e true 'ill of t"e electorate.
5. under sec. 40@bA of t"e DE): =o local electi(e official s"all ser(e for more t"an t"ree @0A consecuti(e terms in
t"e same position. Coluntary renunciation of t"e office for any len%t" of time s"all not be considered as an
interruption in t"e continuity of ser(ice for t"e full term for '"ic" t"e electi(e official concerned 'as
elected.
12. P*87DE<
es! t"e Eo(ernor is correct. 2s ruled in t"e case of 2%uinaldo (. )8melec! a public official cannot be remo(ed from
office for an administrati(e offense committed in t"e pre(ious term. Since "is re,election operates as a condonation
of a pre(ious misconduct to t"e extent of cuttin% all t"e ri%"t to remo(e "im t"ereof. +"e t'o terms are separate and
distinct from eac" ot"er.
$n t"e case at bar! as t"e %o(ernor 'as re,elected! "is pre(ious administrati(e case 'as rendered moot and
academic. +"erefore! t"e %o(ernor 'ill be /ualified to assume office.
10. %i(e at least ; election parap"ernalia:
election returns
certificate of (otes
book of (oters
tally board
ballot
14. appreciation of ballot
2ppreciation of ballot as contemplated under t"e 8E)! pro(ides for rules in its appreciation. $t is al'ays presumed
t"at t"e ballot is (alid. 2s t"e (ote is indicati(e of t"e 'ill of t"e (oters! it is not re/uired t"at it is nicely and eli%ibly
'ritten or t"at t"e name of t"e candidate is correctly spelled. $n readin% of and appreciatin% t"e ballot! e(ery (ote is
presumed to be (alid unless t"ere is a clear and %ood reason to justify suc" rejection.
+"e purpose of election is to %i(e effect to t"e 'ill and not frustrate t"e 'ill of t"e (oters. +"erefore! extreme
caution must be obser(ed before a ballot could be in(alidated and in t"e appreciation t"ereof! doubt s"ould be
resol(ed in fa(or of its (alidity.
10
Subject: ELECTIONS Compiled by, and for the Benefit Of,
Professor: Atty. VALENCIA LAKAS ATENISTA
2004 2
nd
year elections final exam
kjpa
1.
a. -"at is recount. $s it a matter of ri%"t.
$t is a statutory ri%"t. &ence! recount is a mere pri(ile%e. +"ere are certain re/uirements pro(ided by
la' t"at must be complied before court may order a recount of ballots.
b. -"o may file a petition for recount. -"at are t"e re/uirements.
2 petition for recount may be filed t"e 7oard of )an(assers or t"e candidate affected.
+"e follo'in% are t"e re/uirements t"at must be met in order to justify a recount based on material
discrepancies in t"e election returns:
1. +"e election returns containin% material discrepancies s"all affect t"e result of t"e election or t"e
standin% of a%%rie(ed parties.
2. +"ere are material discrepancies in 'ords and t"e fi%ures in t"e same election returns or in ot"er
certified copies
0. +"ere are no ot"er means a(ailable to resol(e t"e discrepancies
4. +"e inte%rity and identity of t"e ballot box and t"e ballot "as been duly preser(ed
;. 2 petition filed by members of t"e 7oard of )an(assers or any candidate affected
4. -"ere t"e alle%ations of t"e commission! t"e interest of justice so re/uire.
c. =ature of recount proceedin%.
2 recount proceedin% is summary in c"aracter and constitutes mere mat"ematical computation of
(otes upon t"e ballots. $t does not re/uire t"e appreciation of ballots or t"e determination of t"e
(alidity of ballots as re/uired in an election protest.
2 recount s"all be conducted by t"e 7oard of Election $nspectors upon aut"ority or order by t"e
)ommission.
2. -"at is conspiracy to bribe (oters under Sec. 241 8E).
)onspiracy to bribe (oters under Section 241 is committed by t'o or more persons! '"et"er candidates or
not! '"o come to an a%reement to %i(e! offer or promise money or anyt"in% of (alue! %i(e or promise any
office or employment! franc"ise or %rant! public or pri(ate! or make or offer to make an expenditure!
11
directly or indirectly! or cause an expenditure to be made to any person! association! corporation! entity! or
community in order to induce anyone or t"e public in %eneral to (ote for or a%ainst any candidate or
'it""old "is (ote in t"e election! or to (ote for or a%ainst any aspirant for t"e nomination or c"oice of a
candidate in a con(ention or similar selection process of a political party.
Section 25 of *epublic 2ct 4444 pro(ides for t"e prosecution for (iolations of para%rap"s @aA or @bA of
Section 241 of 7P 551.
Subject: ELECTIONS Compiled by, and for the Benefit Of,
Professor: Atty. VALENCIA LAKAS ATENISTA
+"e presentation of a complaint for (iolations of para%rap" @aA or @bA of Section 241 of 7atas Pambansa 7l%.
551 supported by affida(its of complainin% 'itnesses attestin% to t"e offer or promise by or of t"e (oterJs
acceptance of money or ot"er consideration from t"e relati(es! leaders or sympat"iBers of a candidate! s"all
be sufficient basis for an in(esti%ation to be immediately conducted by t"e )ommission! directly or t"rou%"
its duly aut"oriBed le%al officers! under Section 45 or Section 24; of said 7atas Pambansa 7l%. 551.
Proof t"at at least one (oter in different precincts representin% at least t'enty percent @20KA of t"e total
precincts in any municipality! city or pro(ince "as been offered! promised or %i(en money! (aluable
consideration or ot"er expenditure by a candidateJs relati(es! leaders and6or sympat"iBers for t"e purpose
of promotin% t"e election of suc" candidate! s"all constitute a disputable presumption of a conspiracy
under para%rap" @bA of Section 241 of 7atas Pambansa 7l%. 551.
-"ere suc" proof affect at least t'enty percent @20KA of t"e precincts of t"e municipality! city or pro(ince
to '"ic" t"e public office aspired by t"e fa(ored candidate relates! t"e same s"all constitute a disputable
presumption of t"e in(ol(ement of suc" candidate and of "is principal campai%n mana%ers in eac" of t"e
municipalities concerned! in t"e conspiracy.
+"e %i(er! offerer! and promisor as 'ell as t"e solicitor! acceptor! recipient and conspirator referred to in
para%rap"s @aA and @bA of Section 241 of 7atas Pambansa 7l%. 551 s"all be liable as principals: Pro(ided! +"at
any persons! ot"er'ise %uilty under said para%rap"s '"o (oluntarily %i(es information and 'illin%ly testifies
on any (iolation t"ereof in any official in(esti%ation or proceedin% s"all be exempt from prosecution and
punis"ment for t"e offenses 'it" reference to '"ic" "is information and testimony 'ere %i(en: Pro(ided!
furt"er! +"at not"in% "erein s"all exempt suc" person from criminal prosecution for perjury or false
testimony.
0. -"at is a certificate of can(ass.
2 certificate of can(ass issued on t"e basis of t"e election returns is re/uired to proclaim t"e elected
candidate.
2 certificate of can(ass duly prepared by t"e respecti(e board of can(assers! si%ned and affixed 'it" t"e
imprint of t"e t"umb of t"e ri%"t "and of eac" member. $t is supported by a statement of t"e (otes recei(ed
by eac" candidate in eac" pollin% place. +"e 78) s"all proclaim as elected t"e candidates '"o obtained t"e
"i%"est number of (otes cast in t"e pro(ince! city! municipality or baran%ay on t"e basis of t"e certificate of
can(ass.
4.
a. )ases brou%"t directly to t"e )omelec.
)8<EDE) "as exclusi(e jurisdiction in pre,proclamation contro(ersies arisin% from national! re%ional or
local elections.
12
2 pre,proclamation contro(ersy may be raised by any candidate or by any re%istered political party!
or%aniBation! or coalition of political parties before t"e 78)! or directly 'it" t"e )ommission.
$ssues affectin% t"e composition or proceedin%s of t"e 7oards may be initiated by filin% a (erified petition
before t"e 7oard or directly 'it" t"e )ommission.
Subject: ELECTIONS Compiled by, and for the Benefit Of,
Professor: Atty. VALENCIA LAKAS ATENISTA
$f t"e petition is filed directly 'it" t"e 7oard! its decision may be appealed to t"e )ommission 'it"in t"ree
@0A days from issuance t"ereof. &o'e(er! if commenced directly 'it" t"e )ommission! t"e (erified petition
s"all be filed immediately '"en t"e board be%ins to act ille%ally! or at t"e time of t"e appointment of t"e
member of t"e board '"ose capacity to sit as suc" is objected to.
b. 2ut"ority of t"e )omelec o(er t"e 7oard of can(assers
Section 223 of 7P 551 pro(ides t"at t"e )8<EDE) s"all "a(e direct control and super(ision o(er t"e board
of can(assers.
2ny member of t"e board of can(assers may! at any time! be relie(ed for cause and substituted motu
proprio by t"e )ommission.
+"e )omelec "as to see to it t"at t"e members perform t"eir functions properly and in accordance 'it" t"e
la' and not to allo' any commission of fraud or irre%ularity on t"e proceedin%s especially '"en it is t"e
board (ested 'it" t"e po'er to proclaim t"e 'inners.
c. -"en does t"e 78) become functus officio.
+"e 78) becomes functus officio after it "ad can(assed t"e (otes and proclaimed t"e 'innin% candidate! as
it 'as constituted only for t"e functions of can(assin% t"e election returns and proclaimin% t"e 'inner on
t"e basis t"ereof.
-"en t"e 78) becomes functus officio! it can no lon%er recon(ene or conduct any subse/uent meetin%s.
&o'e(er! t"e )omelec! may order t"e 78) to recon(ene for t"e purpose of effectin% some corrections or to
proclaim t"e true 'innin% candidate of a contested election.
;.
a. -"at are pre,proclamation contro(ersies.
Section 241 of t"e 8E) defines a pre,proclamation contro(ersy as any /uestion pertainin% to or affectin%
t"e proceedin%s of t"e board of can(assers '"ic" may be raised by any candidate or by any re%istered
political party or coalition of political parties before t"e board or directly 'it" t"e )ommission! or any
matter raised under Sections 200@-"en t"e election returns are delayed! lost or destroyedA ! 204 @<aterial
defects in t"e election returnsA! 20; @-"en election returns appear to be tampered 'it" or falsifiedA and
204 @?iscrepancies in election returnsA in relation to t"e preparation! transmission! receipt! custody and
appreciation of t"e election returns.
13
2ny candidate! political party or coalition of political parties! contestin% t"e inclusion or exclusion in t"e
can(ass of any election returns on any of t"e %rounds aut"oriBed under t"is article or in Sections 204! 20;
and 204 of 2rticle L$L s"all submit t"eir (erbal objections to t"e c"airman of t"e board of can(assers at t"e
time t"e /uestioned returns is presented for inclusion or exclusion! '"ic" objections s"all be noted in t"e
minutes of t"e can(assin%. @24;! 8E)A
+"e )ommission s"all "a(e exclusi(e jurisdiction of all pre,proclamation contro(ersies. $t may motu proprio
or upon 'ritten petition! and after due notice and "earin%! order t"e partial or total suspension of t"e
proclamation of any candidate,elect or annual partially or totally any proclamation! if one "as been made!
as t"e e(idence s"all 'arrant xxx. @242! 8E)A
Subject: ELECTIONS Compiled by, and for the Benefit Of,
Professor: Atty. VALENCIA LAKAS ATENISTA
&o'e(er! under *2 3144 Section 1;! Pre,proclamation cases are not allo'ed in elections for President! Cice,
President! Senator! and <ember of t"e &ouse of *epresentati(es. $nstances '"en )omelec "as t"e
aut"ority to decide a pre,proclamation contro(ersy.
$n )"a(eB (. )omelec! t"e S) ruled t"at a PP) are not allo'ed in elections for President! Cice,President!
Senator! and <ember of t"e &ouse of *epresentati(es. +"e only exception to t"e said rule is t"e correction
of manifest errors in t"e certificate of can(ass or t"e election returns sou%"t to be corrected and6or
objections t"ere must "a(e been made before t"e board of can(assers and especially noted in t"e minutes
of t"eir respecti(e proceedin%s as pro(ided for under Section 1; of *2 3144.
4. -6= L can file a motion for execution before t"e *+)
es. >nder Section 0 of *ule 22 of t"e )omelec *ules of Procedure! 'it"in fi(e @;A days after promul%ation
of t"e decision of t"e court! t"e a%%rie(ed party may file 'it" said court a notice of appeal! and ser(e a copy
t"ereof upon t"e attorney of record of t"e ad(erse party. +"us! L s"ould file t"e motion not later t"an
#anuary 23! 1114.
3. ?oes t"e )omelec allo' t"e a'ard of actual and compensatory dama%es in an election protest.
es. >nder Section 2;1 of t"e 8E)! actual or compensatory dama%es may be %ranted in all election contests
or in /uo 'arranto proceedin%s in accordance 'it" la'.
Section 2;1 of t"e 8mnibus Election )ode only pro(ides for t"e %rantin% in election cases of actual and
compensatory dama%es in accordance 'it" la'. +"e (ictorious party in an election case cannot be
indemnified for expenses '"ic" "e "as incurred in an electoral contest in t"e absence of a 'ron%ful act or
omission or breac" of obli%ation clearly attributable to t"e losin% party. E(idently! if any dama%e "ad been
suffered by pri(ate respondent due to t"e execution of jud%ment pendin% appeal! t"at dama%e may be said
to be e/ui(alent to damnum abs/ue injuria! '"ic" is! dama%e 'it"out injury! or dama%e or injury inflicted
'it"out injustice! or loss or dama%e 'it"out (iolation of a le%al ri%"t! or a 'ron% done to a man for '"ic"
t"e la' pro(ides no remedy.
8. #urisdiction in(ol(in% election contests.
Section 241 of t"e 8E) pro(ides t"at t"e )8<EDE) s"all be t"e sole jud%e of all contests relatin% to t"e
elections! returns! and /ualifications of all <embers of t"e 7atasan% Pambansa! electi(e re%ional! pro(incial
and city officials.
14
2 s'orn petition contestin% t"e election of any <ember of t"e 7atasan% Pambansa or any re%ional!
pro(incial or city official s"all be filed 'it" t"e )ommission by any candidate '"o "as duly filed a certificate
of candidacy and "as been (oted for t"e same office! 'it"in ten days after t"e proclamation of t"e results of
t"e election.
2 s'orn petition contestin% t"e election of a municipal officer s"all be filed 'it" t"e proper re%ional trial
court by any candidate '"o "as duly filed a certificate of candidacy and "as been (oted for t"e same office!
'it"in ten days after proclamation of t"e results of t"e election.
Subject: ELECTIONS Compiled by, and for the Benefit Of,
Professor: Atty. VALENCIA LAKAS ATENISTA
2 s'orn petition contestin% t"e election of a baran%ay officer s"all be filed 'it" t"e proper municipal or
metropolitan trial court by any candidate '"o "as duly filed a certificate of candidacy and "as been (oted
for t"e same office! 'it"in ten days after t"e proclamation of t"e results of t"e election. +"e trial court s"all
decide t"e election protest 'it"in fifteen days after t"e filin% t"ereof. +"e decision of t"e municipal or
metropolitan trial court may be appealed 'it"in ten days from receipt of a copy t"ereof by t"e a%%rie(ed
party to t"e re%ional trial court '"ic" s"all decide t"e case 'it"in t"irty days from its submission! and
'"ose decisions s"all be final.
+"e a%%rie(ed party may appeal to t"e $2) 'it"in fi(e days after receipt of a copy of t"e decision. =o motion
for reconsideration s"all be entertained by t"e court. +"e appeal s"all be decided 'it"in sixty days after t"e
case "as been submitted for decision.
200; Da' *e(ie' Final Exam
kjpa
$. Fill in t"e 7lanks.
1. +"e statement of otes forms t"e !ertifi!ate of !anass "#$ and t"e basis of proclamation.
2. 2d"erence to t"e te!hni!ality t"at 'ould put a stamp of palpably (oid election! 'it" t"e ine(itable result of
fr%stratin& t"e people9s 'ill cannot be countenance.
3. +"e )omelec may sit en ban! or in t'o (iisions ! and s"all promul%ate its rules and procedures in order to
expedite disposition of ele!tion !ases ! includin% pre,pro!lamation !ontroersies. 2ll suc" election cases
s"all be "eard and decided in di(isions! pro(ided t"at motions for re!onsideration of de!isions s"all be
decided by t"e )omelec en banc.
4. +"e )omelec exercises e)!l%sie ori&inal *%risdi!tion on all contests relatin% to t"e ele!tions, ret%rns and
+%alifi!ations of all ele!tie re%ional! pro(incial and city officials.
5. ?ecisions! final orders or rulin%s of t"e )omelec in(ol(in% ele!tie m%ni!ipal and baran&ay offi!ers s"all be
final and executory and not appealable.
6. ,l%rality of otes is t"e essence of an election.
7. Election contest are reasonably and liberally !onstr%ed as it is imbued 'it" public interest to %i(e 'ay to
t"e 'ill of t"e electorate and ascertain by all means t"e real candidate elected by t"e people.
8. ,lebis!ite is %enerally associated 'it" t"e amendin% process of t"e )onstitution! particularly on t"e
ratifi!ation aspects.
9. =o re!all s"all take place 'it"in one year immediately pre!edin& a re&%lar election.
10. 2 motion to reconsider a decision! resolution! order or rulin% of a di(ision s"all be filed 'ithin fie "-$ days
from t"e promul%ation t"ereof.
11. Suc" motion! if not pro.forma suspends t"e execution for implementation of t"e decision! resolution! order
or matter to t"e S%preme Co%rt.
15
12. 2 motion for reconsideration of an en ban! r%lin&, resol%tion, order or de!ision is a pro"ibited pleadin%!
except in election offenses cases.
13. /e&istration refers to t"e act of accomplis"in% and filin% of a s'orn application for re%istration by a
+%alified oter before t"e election office of t"e municipality '"erein "e resides and includin% t"e same in
t"e boo0 of re%istered (oters upon appro(al by t"e Ele!tion /e&istration Board.
14. 2ny person! '"o! on t"e day of re%istration may not "a(e t"e reac"ed t"e re/uired a&e or period of
residen!e but '"o on t"e day of ele!tion s"all possess suc" +%alifi!ation! may re%ister as a (oter.
15. *.2. 5151 introduced a system of !ontin%in& re&istration '"ereby applications for re&istration s"all be
conducted daily.
16. t"e )ommission en banc may mot% propio or upon a (erified petition by any interested party! and after due
notice and "earin% '"ereby all interest parties are afforded e/ual opportunity to be "eard! s"all postpone
t"e election to a date '"ic" is reasonably close to t"e date of t"e election not "eld!
17. a petition for inclusion s"all be filed anytime except 12- days prior to a re%ular elections6
Subject: ELECTIONS Compiled by, and for the Benefit Of,
Professor: Atty. VALENCIA LAKAS ATENISTA
18. E(ery ballot s"all be pres%med to be (alid unless t"ere is a clear and %ood reason to justify its re*e!ted.
19. +"e !ertifi!ate of otes s"all be admissible in e(idence to pro(e tamperin%! alteration! falsification or any
anomaly committed in preparation of the ele!tion ret%rns concerned.
20. Ele!tion s%rey refers to measurement of opinions and perceptions of t"e (oters as re%ards a !andidate3s
popularity! /ualifications! platforms or matter of public discussion in relation to t"e election.
21. Muestions affectin% t"e !omposition or pro!eedin&s of t"e 7oard of )an(assers may be initiated 'it" t"e
7oard of directly 'it" t"e )ommission on Elections.
22. a pre.pro!lamation !ontroersy is summary in nature! administratie in c"aracter and '"ic" is filed before
t"e 7oard of )an(assers
23. 2n ele!tion !ontest is a special statutory proceedin%! desi%ned to !ontest t"e ri%"t of a person! declared
elected to enter upon and "old office.
24. 2 petition to declare failure of elections is an e)traordinary remedy and t"erefore must alle%ed t"e
essential %rounds t"at 'ould justify t"e same.
25. +"e )omelec is not mandated to conduct a te!hni!al e)amination before it dismisses a petition for
nullification of election '"en t"e petition is! on its face! 'it"out merit.
26. Coters are entitled to cast t'o (otes for t"e &ouse of *epresentati(es: t"e first (ote for t"e le&islatie
distri!t representatie and t"e second (ote for t"e party list4 se!toral representatie.
27. +"e mere filin% of an election protest calls for t"e openin% and appre!iation of t"e ballots and !ertifi!ate of
(otes.
28. Payment of t"e !orre!t filin& fees is jurisdictional and mandatory.
29. +"e fact of illiteracy or disability s"ould accordin%ly be recorded in t"e appli!ation
30. )ertificate of can(ass for President! Cice,President! Senators and &ouse of *epresentati(es is prepared in
seen "5$ copies.
31. 2 petition for /uo 'arranto refers to /uestions of disloyalty or ineli&ibility of t"e 'innin% candidate.
II. +rue or False.
1. $n <atalam (. )omelec! t"e Supreme )ourt ruled t"at t"e enumeration of t"e issues in a pre,proclamation
contro(ersy is restricti(e and exclusi(e and t"e )omelec is limited and restricted only to an examination of
t"e election returns and is 'it"out jurisdiction to %o beyond or be"ind t"e election returns. 6ALSE
2. Political parties and party,lists are not re/uired to secure aut"ority from )omelec to put up posters for t"eir
candidates. 6ALSE
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3. 7.P. 551 mandates t"at t"e affida(its of 'it"dra'al must be filed 'it" t"e same office '"ere t"e certificate
of candidacy to be 'it"dra'n is filed. T/7E
4. +"e material misrepresentation contemplated by Section 35 of 7P 551 refer to /ualifications for electi(e
office. T/7E
5. in +orayno! Sr. (. )omelec! 003 S)*2 ;34! t"e Supreme )ourt explained t"e purpose of t"e residence as
re/uired by t"e )onstitution and la' as a /ualification for seekin% and "oldin% public office. T/7E
6. $n *epublic (. dela *osa! 202 S)*2 35;! t"e Supreme )ourt ruled t"at t"e term limit for electi(e local
officials must be taken to refer to t"e ri%"t to be selected as 'ell as t"e ri%"t to ser(e in t"e same electi(e
position. 6ALSE
7. +"e ?i(isions of t"e )omelec "a(e t"e aut"ority to resol(e petitions for certiorari in(ol(in% incidental issues
of election protest filed 'it" lo'er courts. T/7E
8. +"e S) is empo'ered to re(ie' an interlocutory order or a final resolution of a di(ision of t"e )omelec.
6ALSE
9. *2 1151 also kno'n as t"e I8(erseas 2bsentee Cotin% 2ct of 2000F allo'ed /ualified Filipinos abroad on
t"e day of t"e elections to (ote in any electoral exercise. 6ALSE
10. *2 1004! t"e Fair Elections 2ct of 2002! allo' substitution of candidates. &o'e(er! in case of (alid
substitution! (otes cast for t"e substituted candidates are considered stray except if t"e substituted
candidate "as t"e same surname. 6ALSE
Subject: ELECTIONS Compiled by, and for the Benefit Of,
Professor: Atty. VALENCIA LAKAS ATENISTA
11. +"e di(ision of t"e )omelec "as no po'er to postpone an election. T/7E
12. 2 ballot s"ould be counted e(en if it 'as not si%ned at t"e back by t"e c"airperson of t"e 7oard of Election
$nspectors. T/7E
13. 2 )ertificate of (otes can be considered sufficient e(idence of t"e results of t"e election. 6ALSE
14. +"e board of can(assers may proclaim a candidate not'it"standin% t"e pendency of its rulin% on appeal
'it" t"e )omelec. T/7E
15. 2 petition to correct entries in t"e )ertificates of can(ass on t"e %round of manifest errors must be
predicated on errors t"at appear on t"e face of t"e certificate of can(ass sou%"t to be corrected. T/7E.
16. +"e rule t"at a pre,proclamation contro(ersy is not allo'ed for members of t"e &ouse of *epresentati(es is
absolute.
17. +"e fact t"at a candidate recei(es Bero (otes in all precincts cannot support t"e contention t"at t"e election
return contains statistically improbable results.
18. Formal defects! duress and intimidation are %rounds for excludin% an election return.
19. Election protests s"ould contain a certificate of non,forum s"oppin%.
20. +"e 20K re/uirement for party,list representation under t"e )onstitution prescribes a ceilin% and is
considered a mandatory re/uirement.
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