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Rule-Making
Power

BASIC CONCEPTS
Rule-making Power (Power of
o A power given to administrative
Subordinate Legislation)
agencies to issue or promulgate rules

and regulations which are necessary to
carry out their functions

Rules and Regulations
o Those issued by administrative or

executive officers in accordance with
and as authorized by law, otherwise
they become ultra vires

Rationale
o Administrative agencies have:

technical expertise/competence
they specialize on this field; and
they have all the time and opportunity
to handle these matters exclusively

Necessity
o In order to adapt to increasing
complexity of modern life and variety
of public functions
o An exception to separation of powers
and non-delegation of powers

PRINCIPLE OF NON-DELEGATION OF POWERS
General Rule
o Postestas delegate non delegari

potest

Basis
o The ethical principle that a delegated

power constitutes not only a right but
also a duty to be performed by the
delegate in the exercise of his own
judgment and not through the
intervening mind of another
o Delegated Power = (Right + Duty)
Further Delegation = Negation
o Further delegation of the duty
consists a negation of the same
o Not only a right, otherwise it becomes
discretionary to delegate it further or
not

Administrative Law & Election Law (Atty Gallant Soriano)

2S 2015-2016 Finals Reviewer

Five Instances When Delegation of

Legislative Powers Is Allowed

o Delegation of tariff powers to the

President
o Delegation of emergency powers to
the President
o Delegation to the people at large
o Delegation to local governments
o Delegation to administrative bodies
THREE ISSUES ON RULE-MAKING POWER

Permissibility of WON there is:
Instances of Valid Delegation
Delegation
Legislative grant of
Delegation of tariff

authority
powers to the President
To administrative bodies
Sec 28(2), Art VI
To issue rules and
Delegation of emergency
regulations
powers to the President

Sec 23(2), Art VI
Delegation to the people
at large Sec 32, Art VI
Delegation to local
governments Sec 3, Art X
Delegation to
administrative bodies by
legislative act (enabling
law) or by necessary
implication
Validity of
WON the grant meets the:
Completeness test
Delegation
Completeness test
A statute is complete

Sufficient Standard test
when it leaves the
legislature (the subject
and the manner and the
extent of its operation are
stated in it) such that
when it reaches the
delegate, the only thing he
will have to do is to
enforce it
Whether the provision is
sufficiently definite and
certain to enable one to
know his rights and
obligations thereunder
Sufficient standard test
There must be adequate
guidelines or limitations
in the law to map out the


Validity of
Exercise

WON rules and regulation

conform with:
What the statute provides,
and
Whether it is reasonable

boundaries of the
delegates authority and
prevent the delegation
from riot
Requisites of a valid
administrative issuances:
Must not be inconsistent
with the Constitution
(Sutton)
Must not be inconsistent
with statute (SolGen)
Cannot amend an act of
Congress (De La Serna)
Cannot exceed provision
of laws (BFHI)
Must be uniform,
reasonable; not unfair or
discriminatory
(Lupangco)


QUASI-JUDICIAL POWER

BASIC CONCEPTS
Quasi-judicial power
It involves the power to hear and
(adjudicatory power)
determine, or ascertain facts and
decide by the application of rules to the
ascertained facts

3 ELEMENTS OF ADJUDICATORY POWERS
1. Specific parties
It involves the rights, duties, and
obligations of specific individuals and
persons
2. Adjudication by person other
Power or function that partakes of the
than a judge
judicial, but is exercised by a person
other than a judge
3. Adjudication by agency other
Convenient way to justify exercise of
than a court
judicial power by an administrative
agency

JURISPRUDENCE
PRINCIPLE
ILLUSTRATIVE CASES
1. Office of the public prosecutor is Pres Anti-Dollar Salting Task Force
not a quasi-judicial body
vs CA
PADS TF was not meant to exercise
quasi-judicial functions (try and decide
claims and execute its judgments). As
the Presidents arm called upon to
combat dollar salting or the black
marketing and salting of foreign
exchange, it is tasked alone by the
Decree to handle the prosecution of
such activities, but nothing more
2. Prosecutor is a quasi-judicial
Cojuangco vs PCGG
officer
While the investigating officer, strictly
speaking is not a judge by the nature of
his functions, he is and must be
considered to be a quasi-judicial officer
3. Not every function wherein
Santiago vs Bautista
judgment and discretion are
Before tribunal, board, or officer may
exercised is a judicial function
exercise judicial or quasi-judicial acts,
there should be a law that gives rise to
some specific rights of persons or
property under which adverse claims
to such rights are made, and the


controversy ensuing therefrom is

brought, before the tribunal, board or
officer clothed with power and
authority to determine what that law is
and thereupon adjudicate the
respective rights of the contending
parties

STEPS TO THE EXERCISE OF QUASI-JUDICIAL POWER
First step
Ascertain facts from pleadings and
from evidence adduced
Second step
Determine what the applicable law is
and what are the legal rights of the
parties
Third step
Decide controversy and render
judgment thereon

JURISPRUDENCE
Principle
Illustrative Cases
1. Doctrine of exhaustion of remedies Smart vs NTC
applies only where the act of
In questioning the validity of rule or
administrative agency was
regulation issued by an administrative
performed pursuant to its quasiagency, party need not exhaust
judicial function
administrative remedies before going
to court. This principle applies only
where the act of administrative agency
was performed pursuant to its quasijudicial function
2. Jurisdiction to order a lessee to
Guerzon vs CA
vacate leased premises is vested in
There is nothing in PD 1206 that would
the civil courts in an appropriate
suggest that the same or similar
case for unlawful detainer or accion jurisdiction has been granted to
publiciana
Bureau of Energy Utilization. BEUs
jurisdiction is limited to cases
involving violation or non-compliance
with any term or condition of any
certificate, license or permit issued by
it or any of its orders, decisions, rules
or regulations
3. Administrative body my be vested
Antipolo Realty vs NHA
with exclusive original jurisdiction
Before tribunal, board or officer may
on certain disputes falling within its exercise judicial or quasi-judicial acts,
expertise
there should be a law that gives rise to
some specific rights of persons or
property under which adverse claims


1.
2.
3.
4.
5.
to such rights are made, and the

controversy ensuing therefrom is
brought, before the tribunal, board, or
officer clothed with power and
authority to determine what that law is
and thereupon adjudicate the
respective rights of the contending
parties.
CLASSIFICAION OF ADJUDICATORY POWERS
Kind
Definition
Example
Enabling
To permit or allow
grant or denial of
something which the law
license (business or
undertakes to regulate
occupation)
issuance of securities
or certificate of public
convenience
Directing
To issue orders directing Power of assessment
parties to conform to
of the BIR or BOC
governing statutes or
Reparations under the
rules
public utility laws
Awards under the
workmens
compensation laws
Dispensing
To exempt from general Zoning Boards may
prohibitions or relieve
vary provisions of
individual from
zoning authorities
affirmative duty
Phil Army Acceptance
Board relieve certain
person from military
training
Summary
To apply compulsion to
Abatement of nuisance
effectuate legal purpose Restraint or levy of
without judicial warrant
property of delinquent
taxpayer
Equitable
Power to make proper
Cease and desist order
application of rules and
equity



JUDICIAL REVIEW OF ADMINISTRATIVE ACTIONS

MATRIX OF ADMINISTRATIVE DOCTRINES
Doctrine
Meaning
Function
Application
Rationale
Primary
When
Determines
Quasi- take
Jurisdiction
competence
who initially judicial or
advantage of
(prior resort) or jurisdiction decides
adjudicatory expertise and
is vested upon
functions
specialization
an
- attain
administrative
uniformity of
body to act
application of
upon a matter,
regulatory
no resort to
laws
the courts
may be made
before such
administrative
body shall
have acted on
the matter
Exhaustion of If there is an
Determines
Quasi- obviates
Administrative available
the timing of judicial or
resort to
Remedies
remedy
judicial
adjudicatory courts
within the
review
function
- give agencies
administrative
the chance to
level provided
correct its
by law, no
errors
judicial
- principle of
recourse can
comity and
be made until
convenience
all such
remedies have
been availed
of and
exhausted
Ripeness for
When the
Determined
Rule-Making - prevent
Review
interest of the the timing of power
premature
plaintiff is
judicial
adjudication
subjected to
review
- protection
or imminently
from judicial
threatened
interference
with
substantial
injury



DOCTRINE OF PRIMARY JURISDICTION

Illustrative cases:
- Villaflor vs CA
- Commissioner vs Navarro
- Centeno vs Centeno
- Nuesa vs CA
- Regional Director vs CA

DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES
General Rule
Resort first to appropriate administrative authorities
in the
Exceptions
1. Administrative
Exhaustion is not a
remedy is merely
condition sine qua non
permissive
Corpus vs Cuadreno

2. Purely legal
Interpretation of law is
questions
within the courts
prerogative
Madrigal vs Lecaroz

3. Patently illegal act
Lack or excess of
jurisdiction
Cabada vs Alunan

4. No administrative
Ripeness for review
order yet
Datiles vs Co

5. No other plain,
Urgency of situation
speedy, or adequate NFA vs CA
remedy

6. Nullification of claim Time is of the essence
Gravador vs Mamigo

7. Qualified political
Redundant exercise (the
agency
secretary is the alter ego
of the President)
Almine vs CA

8. Constitutionality of
Judicial prerogative
Rules and Regulation Smart vs NTC

9. Result to irreparable Self-preservation
damage or injury to UP Board of Regeant vs
plaintiff
Rasul

10. Strong public
To avoid uncertainty
interest is involved
Arrow Transpo Co vs
BOT

11. Estoppel (party who Agency is bound by its
invokes is in
actions
estoppel)
Tan vs Veterans
Backpay Commission



QUESTIONS OPEN TO REVIEW
Question
Meaning
Rule
1. Questions of Law
When doubt or
- Administrative agency
difference arise as to
determines facts of a
what the law is
controversy and apply
pertaining to a certain
the law o those facts
state of facts
- Reviewing court
decides whether or not
the correct rule was
applied to the facts
found and whether
there was evidence to
support the findings
made
2. Questions of Fact
When doubt or
GR: questions of fact is
differences arise as to the conclusive and not
truth or falsity of alleged subject to review by the
facts
courts if supported by
substantial evidence
Exceptions:
- When expressly
allowed by law
- Fraud, imposition, or
mistake other than
error in judgment
- Error in appreciation of
pleadings and
interpretation of
evidence submitted
3. Questions of Law and Where what purports to - Both findings are
of Fact
be a finding of question
subject to judicial
of fact is so involved with review
and dependent upon a
- Courts may substitute
question of law as to be
its judgement for that of
in substance and effect a
the
decision on the latter

Example: WON a
nuisance



ADMINISTRATIVE PROCEEDINGS

BASIC CONCEPTS
Rules of Procedure
Every quasi-judicial body has its own
rules of procedure which it issues as
guides in its adjudication of cases filed
with it
Basis of Formulation
Nature of administrative bodies
Purpose for which they are
organized
Persons who compose them

POWER TO ISSUE RULES OF PROCEDURE
Constitution
Art VIII, Sec 5(5) Rules of
procedure of quasi-judicial
bodies shall remain effective
unless disapproved by the
Supreme Court
Conferring Law
Law creating
Express grant of power to
promulgate its rules of
procedure
By Implication

CHARACTERISTICS OF ADMINISTRATIVE PROCEEDINGS
1. Adversarial
Results in an order in favor of one
person against another
2. Quasi-judicial
Taking of evidence
Determination of facts
Adjudication
3. Civil in nature
Civil rather than criminal in nature
4. Not an action in law
Not a private one but a public one with
public ends
5. Rules of Court apply
Sec 2, Rule 18 (Pre-trial); amicable
suppletorily
settlement; referral to arbitration
6. Technical Rules of Court are not Decisions may be reached on the basis
applied with rigidity
of position papers only

Bantolino vs Coca-Cola
7. Supreme Court may modify
Art VIII, Sec 5(5) - Promulgate rules
Rules of Procedure
concerning the protection and
enforcement of constitutional rights,
pleading, practice, and procedure in all
courts, the admission to the practice of


law, the integrated bar, and legal

assistance to the underprivileged. Such
rules shall provide a simplified and
inexpensive procedure for the speedy
disposition of cases, shall be uniform
for all courts of the same grade, and
shall not diminish, increase of modify
substantive rights. Rules of procedure
of special courts and quasi-judicial
bodies shall remain effective unless
disapproved by the Supreme Court.

First Lepanto vs CA
8. Quantum of Proof (Substantial
Such evidence as a reasonable mind
Evidence)
may accept as adequate to support a
conclusion

HEIRARCHY OF EVIDENTIARY RULES
Proof beyond reasonable Proof of such a
Criminal proceedings
doubt
convincing character that
you would be willing to
rely and act upon it
without hesitation
Clear and convincing
Evidence presented by a Habeas corpus
evidence
party during the trial
must be highly and
substantially more
probable to be true than
not and the trier of facts
must have firm belief or
conviction of its
factuality
Preponderance of
Just weigh the evidence
Civil case
evidence
of the parties. Whose
evidence has the greater
waeight?
Substantial evidence
Such evidence as a
Administrative
reasonable mind may
proceedings
accept as adequate to
support a conclusion



1.
2.
3.
4.
REQUIREMENTS OF ADMINISTRATIVE PROCEEDINGS

(Villa vs Lazaro)
Right to notice, be it actual or
Paterok vs BOC posting in bulletins
constructive, of the institution
of the proceedings that may
affect a persons legal right
Right to reasonable opportunity Lumiqued vs Exevia counsel
to appear personally or with the
assistance of counsel and
defend his right and to
introduce witnesses and
relevant evidence in his favor,
by testimony or otherwise, and
to controvert the evidence of
the other party
Right to a tribunal vested with
Casimiro vs Tando right to be heard
competent jurisdiction, so
constituted as to give him
reasonable assurance of
honesty and impartiality
Right to a finding or decision by Globe vs NTC order of the NTC failed to
that tribunal supported by
sufficiently explain
substantial evidence presented
at the hearing or at least
ascertained in the records, or
disclosed or made known to the
parties affected



ELECTION LAW
CHAPTER 1
SUFFRAGE, ELECTION & REGISTRATION OF VOTERS
DEFINITION OF TERMS
ELECTION
a. The means process or system
b. By which the people true
sovereign
c. Choose their officials selection
d. For a definite and fixed period
term of office
e. The exercise of the power of the
government legislative,
executive
SUFFRAGE
a. The right to vote citizens
participation
1. In the election of all officer
chosen by the people general
or special election
2. And in the determination of all
questions submitted to the
plebiscite or referendum,
initiative, recall

a. Suffrage is a broader term because
it includes participation not only
in the election of public officers
but also in the plebiscite or
referendum on a proposed law
enactment
b. Election is limited to expression of
voters choice in the selection of
officials

ELECTION
PLEBISCITE
REFERENDUM
SCOPE OF SUFFRAGE
a. Expression of the sovereign will of
the people
b. Involving the choice or selection
of candidates to public office by
the popular vote
a. Election at which any proposed
amendment to, or revision of the
constitution
b. Is submitted to the people for
their ratification
a. Submission of a law passed by the
national or local legislative body


INITIATIVE
RECALL

GENERAL
SPECIAL
to the registered voters

b. B. At an election called for that
purpose for their ratification or
rejection
a. Process whereby the registered
voters directly propose, enact law
(national, local)
a. Method by which a public officer
may be removed of tenure before
the expiration of his term
b. by a vote of the people after
registration of people after
registration of a petition signed by
required percentage of the
qualified voters
TWO KINDS OF ELECTION
a. one provided for by
law
b. for the election of
officers throughout
the state, or certain
subdivisions thereof
c. after the expiration
of the full term of
the former officers
a. one provided by law
b. under special
circumstances
c. such as when an
election is held
1. to fill vacancy in
the office
death,
resignation,
permanent
disability
2. OR when certain
proposal is
submitted to the
vote of electors
referendum or
plebiscite

General elections may 9,

2016
Covers: President, VP,
senate, HOR
LGUs: ARMM
RA 7166 (nov. 1999)

vacancy in the HOR
before 1 year before the
end of the term

Special election not
earlier than 60 days not
later than 90 days from
occurrence of vacancy


SYSTEM OF ELECTION ADOPTED IN THE PHILIPPINES

SYSTEM USED
Australian system
CONCEIVED BY
Francis S. Dutton, MP of South Australia
FEATURE
Strict secrecy in balloting
LEGAL BASIS
Sec. 2 Art V 1987 The congress shall
provide a system for securing the
secrecy and sanctity of the ballots

Natural right
Social expediency
Tribal
Feudal
ethical
THEORIES ON SUFFRAGE
a. Inherent right of
every citizens
b. By virtue of his
membership in the
state
c. Who is not
disqualified by
reason of his own
reprehensible
conduct or unfitness
a. Public officer or
functions
b. Conferred upon
those fit and capable
of discharging it
a. Suffrage is a
necessary attribute
b. Of membership in
the state
a. Vested privilege
b. Usually
accompanying the
ownership of the
land
a. Necessary and
essential means
b. For the
development of the
society
This view dominated USA

and France political
thought in the 18th
century
Not right, but duty

enjoined upon sum
citizens
Not a natural right but
accrues only when one
became member of the
state
Before in most US states
only Caucasian males
who owned at least 50
acres of land
Indicative of political
maturity

A right
PHILIPPINE THEORY ON SUFFRAGE

a. Expression of the
Sec I Art II of 1987
sovereign will of the Constitution the
people
Philippine is a democratic
and republican state.
Sovereignty resides in the


A privilege
a. Not granted to
everybody but to
such persons as are
most likely to
exercise it for the
common good
A duty
a. Which every citizen

owes his country
people and all the

government authority
emanates from them
Sec I Art V, 1987
Constitution suffrage
may be exercised by all
citizens of the Philippines
not otherwise disqualified
by law, who are at least
18 years of age, and who
shall have resided in the
Philippines for at let 1
year and in the place
wherein they propose to
vote for at least 6 month
immediately preceding
the election
Sec 4 BP 881 it shall be
the duty of every citizen
to regist4r and cast his
vote

Sec 4 Art V 1973
Constitution it shall be
the obligation of every
citizen qualified to vote
and register and cast their
vote
COMPARATIVE PROVISIONS ON SUFFRAGE

1935
1973
1987
CONSTITUTION
CONSTITUTION
CONSTITUTION
Basic provisions SEC 1 Art V -
Sec 1 Art VI -
Sec 1 Art V -
Suffrage may be
Suffrage shall be
Section 1. Suffrage
exercised by male
exercised by
may be exercised
citizens of the
citizens of the
by all citizens of the
Philippines not
Philippines not
Philippines not
otherwise
otherwise
otherwise
disqualified by law, disqualified by law, disqualified by law,
who are twentywho are eighteen
who are at least
one years of age or years of age or
eighteen years of
over and are able to over, and who shall age, and who shall
read and write, and have resided in the have resided in the
who shall have
Philippines for at
Philippines for at
resided in the
least one year and least one year, and


Gender
Age
Residence
literacy

Philippines for one

year and in the
municipality
wherein they
propose to vote for
at least six months
preceding the
election. The
National Assembly
shall extend the
right of suffrage to
women, if in a
plebiscite which
shall be held for
that purpose within
two years after the
adoption of this
Constitution, not
less than three
hundred thousand
women possessing
the necessary
qualifications shall
vote affirmatively
on the question.
Male citizens only
in the place
wherein they
propose to vote for
at least six months
preceding the
election. No
literacy, property,
or other
substantive
requirement shall
be imposed on the
exercise of suffrage.
The Batasang
Pambansa shall
provide a system
for the purpose of
securing the
secrecy and
sanctity of the vote.
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.
Citizens (no
distinction)
18 years of age
All citizens (no

distinction)
21 years of age
At least 18 years of
age
At least 1 year
At least 1 year
At least 1 year
Phil.
Phil.
Phil.
6 months place to 6 months place to 6 months place to
vote
vote
vote
Able to read and
No literacy or
No literacy or
write
property
property
requirement
requirement
REQUISITES FOR THE EXERCISE OF SUFFRAGE

QUALIFIED
a. All citizens of the Philippine
SEC 1 ART V, CONSTITUTION
liens not included
b. Not otherwise disqualified by law
some disqualification for
registration of votes
c. C. Who are at least 18 years of age
lowered to 18 from 21 years of


DIQUALIFICATION
Section 118 ART XII BP 881
ge in the 1935 Constitution

d. And who shall have resided in the
Philippines for at least 1 year and
in the place wherein they propose
to vote for at least 6 months
immediately preceding the
election
(a) Any person who has been
sentenced by final judgment to
suffer imprisonment for not less
than one year (unless granted
plenary pardon or granted
amnesty). It may be automatically
reacquired 5 years after service
of sentence
(b) Act involving disloyalty against
national security treason,
insurrection, rebellion, sedition
and firearm laws.
(c) Insane or incompetent persons
as declared by competent
authority those who are
deprived of reasons

REQUISITES FOR THE EXERCISE OF SUFFRAGE
Registered in the list of voters
a. Sec 10 RA 8189 -
Disqualifications. - The following
shall be disqualified from voting:
A qualified voter shall be
registered in the permanent list of
voters in a precinct of the city or
municipality wherein he resides
to be able to vote in any election.
b. Sec 6(2) RA 9189 - Qualified
citizens of the Philippines abroad
who failed to register under
Republic Act No. 8189, otherwise
known as the "The Voters
Registration Act of 1996", may
personally apply for
registration.....
c. Sec 4 BP 881 - It shall be the
obligation of every citizen to
register and cast his vote.



No further qualifications
d. Sec 4 Art V, 1973 Constitution -

It shall be the obligation of every
citizen qualified to vote to register
and cast his vote.
a. No literacy ability to read and
write
b. Property objection against the
feudal theory
c. Other substantive requirement
PRE-ELECTION
(before)
Registration
Challenge
Inclusion
Exclusion
Voters qualification
Certificate of
candidacy
Watchers
Election campaign
Election
propaganda
ELECTION PROPER
(during)
Casting of votes
Challenge of illegal votes
Records of challenges
and oaths
- Minute of voting
and counting of
votes
- List of unused
ballots
POST-ELECTION
(after)
Counting of votes
Board of elections
inspectors
Appreciation of
ballots
Election returns
Announcement of
result and issuance
of certificate of votes
received
Canvass and
proclamation
Pre-proclamation
controversy
Election protest
against proclaimed
candidate
Original and
exclusive
jurisdiction
Appellate
jurisdiction
Requisite of election
protest
Quo warranto, its
requisites
Election offenses
appeal


LAW
BP 881
RA 8189
RA 9189
RA 10367
RELEVANT LAWS IN REGISTRATION

TITLE
EFFECTIVITY
OMNIBUS ELECTION
DEC 3, 1985
CODE
VOTER REGISTRATION
JUNE 11, 1996
ACT OF 1996
OVERSEA ACT OF 2003
FEB 13, 2003
MANDATORY
FEB 15, 2015
BIOMETRICS VOTERS
REGISTRATION

RATIONALE
NECESSITY
DIQUALIFICATION
(SAME SUFFRAGE)
REGITRATION OF VOTERS
a. as a means of determining who possess the
qualifications of voters requires the
examination of the claim of persons to vote on
the ground of possessing these qualifications
b. of regulating the exercise of the right to vote
reasonable and convenient means
a. registration is essential to the exercise of the
right to vote
b. It is a part and parcel of the right to vote
c. Indispensable element in the election process
(a) Any person who has been sentenced by final
judgment to suffer imprisonment for not less
than one year (unless granted plenary pardon or
granted amnesty). It may be automatically
reacquired 5 years after service of sentence
(b) Act involving disloyalty against national
security treason, insurrection, rebellion,
sedition and firearm laws.
(c) Insane or incompetent persons as declared by
competent authority those who are deprived
of reasons
REGITRATION OF VOTERS
DUTY TO REGISTER
SEC 4 BP 881 - It shall be the obligation of
every citizen qualified to vote to register
and cast his vote.
SEC 115 BP 881 DEC 3, 1985
A. In order that a qualified elector
may vote in any election,
plebiscite or referendum,
B. he must be registered in the
permanent list of voters for the
city or municipality in which he

REGISTRATION
CONTINUING REGISTRATION
MANDATORY BIOMETRIC CAPTURE
resides.

a. accomplishing and filing for
registration; must be under oath
b. by qualified voter; Filipino, not
disqualified by law, at let 18 years
of age, at least 1 year Phil, place
to vote at least 6 months
immediately preceding election
c. before election officer of city or
municipality wherein he resides
d. including the same in the book of
registered voters- completer the
process of registration, now
considered registered voter
e. approval by election registration
board hearings quarterly;
XXXX
SEC 3 RA 8189
a. personal filing of application of
registration of voters shall be
conducted daily in the office of
election officer during regular
office hours
b. no registration shall, however,
be conducted during the
period starting 120 day before
a regular election and 90 day
before special election
RA 10367



Chapter 3
CHALLENGE, INCLUSION, EXCLUSION, ANNULMENT OF BOOK OF VOTERS

CHALLENGES TO RIGHT TO REGISTER
WHO MAY FILE
a. Any voter
b. Candidate
c. Representative of a political party
REQUIREMENTS
a. Application in writing
SEC 18 RA 8189
b. Under oath
c. Proof of notice of hearing to
challenger and the applicant
d. State the grounds for challenge
PROCEDURE
a. Hearing 3rd monday of the
month
b. Decision rendered before end of
the month
WHO CAN OPPOSE
a. Filed not later than 2nd monday of
the month
b. Scheduled to be heard by election
registration board

PETITION FOR INCLUSION

WHO MAY FILE
a. Any person whose application for
SEC 34 RA 8189
registration has been
disapproved by the board
b. Any person whose name has been
stricken out from the list
REQUIREMENTS
a. Petition
SEC 34 RA 8189
b. certificate of disapproval of
applications
c. Proof of service of notice of
petition upon the board
WHERE TO FILE
Municipal or metropolitan trial court
SEC 34 RA 8189
WHEN TO FILE
a. At any time
SEC 34 RA 8189
b. Except 105 days prior to regular
election or 75 days prior to
special election
WHEN TO DECIDE
Within 15 days after its filing
APPEAL
a. Within 5 days from receipt of
notice
b. To RTC

c. Decide appeal within 10 days

from receipt
d. Decision is final and executory
(no MR)

PETITION FOR EXCLUSION
WHO MAY FILE
a. Any registered voter
SEC 35 RA 8189
b. Representative of a political party
c. Election officer
REQUIREMENTS
a. Sworn petition (stating name,
SEC 35 RA 8189
address, precinct of challenged
voter)
b. Proof of notice to the board
and to the challenged voter
WHERE TO FILE
Municipal or metropolitan trial court
SEC 35 RA 8189
WHEN TO FILE
a. At any time
SEC 35 RA 8189
b. Except 100 days prior to regular
election or 65 days prior to special
election
WHEN TO DECIDE
Within 10 days after its filing
APPEAL
a. Within 5 days from receipt of
notice
b. To RTC
c. Decide appeal within 10 days from
receipt
d. Decision is final and executory (no
MR)

WHO MAY
FILE
COMPARISON (Challenge, Inclusion, Exclusion)

CHALLENGE
INCLUSION
EXCLUSION
a. Any voter
a. Any
a. Any registered
b. Candidate
person
voter
c. Representative
whose
b. Representative
of a political
applicati
of a political
party
on for
party
registrati
c. Election officer
on has
been
disappro
ved by
the board
b. Any
person
whose
name has


REQUIREMEN
TS
WHERE TO
FILE
a. Application in
writing
b. Under oath
c. Proof of notice of
hearing to challenger
and the applicant
d. State the grounds
for challenge
Election Registration
Board
WHEN TO
FILE
WHEN TO
DECIDE
APPEAL
been
stricken
out from
the list
a. Petition
b. certificate of
disapproval of
applications
c. Proof of
service of notice
of petition upon
the board
Municipal or
metropolitan
trial court
a. At any
time
b. Except
105 days
prior to
regular
election
or 75
days
prior to
special
election
Within 15 days
after its filing
a. Within 5
days
from
receipt of
notice
b. To RTC
c. Decide
appeal
within 10
days
from
receipt
d. Decision
is final
and
executor
a. Sworn petition
(stating name,
address, precinct of
challenged voter)
b. Proof of notice to
the board and to the
challenged voter
Municipal or
metropolitan trial
court
a. At any time
b. Except 100
days prior to
regular election
or 65 days
prior to special
election
Within 10 days after

its filing
a. Within 5
days from
receipt of
notice
b. To RTC
c. Decide
appeal
within 10
days from
receipt
d. Decision is
final and
executory
(no MR)


y (no
MR)

ANNULMENT OF BOOK OF VOTERS
Sec 39 RA 8189
a. Any voter
Continuing registration
b. Election officer
c. Duly resisted
political party

REQUIREMENTS
Sec 39 RA 8189
a. Verified petition
b. stating the ground
GROUNDS
Sec 39 RA 8189
a. Book of voters is
not prepared in
accordance with RA
8189
b. Book of voters is
prepared through
fraud, bribery,
forgery,
impersonation,
intimidation, force
or any similar
irregularity
c. Book of voters
contains data that
are statistically
improbable
LIMITATIONS
Sec 39 RA 8189
a. Order, ruling,
decision annulling a
book of voters shall
not be executed 90
days before an
election
b. Order annulling
book of list of
voters shall not
constitute a ground
for a preproclamation
controversy
WHO MAY FILE



CHAPTER 4
QUALIFICATIONS AND DISQUALIFICATIONS

QUALIFICATION OF CANDIDATES FOR NATIONAL ELECTIVE OFFICES

PRES. & VP
SENATE
HOUSE OF REP
BASIS
SEC 2 ART VII
SEC 3 ART VI
SEC 6 ART VI
CITIZENSHIP
Natural born
Natural born
Natural born
AGE
At least 40 years
At least 35 years
At least 25 years
old on the day of
old on the day of
old on the day of
the election
the election
the election
LITERACY
Able to read and
Able to read and
Able to read and
write
write
write
VOTER
Registered voter
Registered voter
Registered voter in
REGISTRATION
the district in
which he shall be
elected
RESIDENCE
Phil. at least 10
Phil. not less
Phili. - at least two
year preceding
than 2 years
(2) years before
election
preceding election the day of the
election

QUALIFICATION OF CANDIDATES FOR LOCAL ELECTIVE OFFICES

GOV. & VICE
MAYOR (HUC) MYOR &VM
SP & SB
GOV.
(CITY)
BASIS
SEC 39 RA
SEC 39 RA
SEC 39 RA
SEC 39 RA
7160
7160
7160
7160
CITIZENSHIP Citizen
Citizen
Citizen
Citizen
AGE
At least 23
At least 23
At least 21
At least 18
years old on
years old on
years old on
years old on
election day
election day
election day
election day
LITERACY
Able to read
Able to read
Able to read
Able to read
and write
and write
and write
and write
Filipino or
Filipino or
Filipino or
Filipino or
other local
other local
other local
other local
language
language
language
language
VOTER
Registered
Registered
Registered
Registered
REGISTRATION voter
voter
voter
voter in the
district in
which he shall
be elected
RESIDENCE
Resident of
Resident of
Resident of
Resident of
province at
city at least 1 city at least 1 city at least 1
least 1 year
year
year
year
preceding
preceding
preceding
preceding



election

Phil. not less
than 2 years
preceding
election

CANDIDATE
SEC 79(a) BP 881
QUALIFICATIONS
DISQUALIFICATION
election

Phil. not less
than 2 years
preceding
election
election

Phil. not less
than 2 years
preceding
election
election

Phil. not less
than 2 years
preceding
election
DEFINITION OF TERMS
a. Any person
b. Aspiring for or seeking an elective
office
c. Who has filed a certificate of
candidacy
d. By himself or through an
accredited political party
aggroupment or coalition of
parties
a. Condition or circumstance
b. That must be met or complied
with
c. To make a person suitable for a
particular position
a. The quality of not being suitable
b. For a particular position

NATURL BORN CITIZEN
SEC 2 ART IV
RESIDENCE
DOMICILE
DEFINITION OF TERMS
a. Those who are citizens of the Philippines at the
time of the adoption of this Constitution
b. Without having to perform any act to acquire or
perfect their citizenship
c. Those born before January 17, 1973, of Filipino
mothers, who elect Philippine citizenship upon
reaching the age of majority
Indicate a place of abode, whether permanent or
temporary
a. For the exercise of civil rights and fulfilment of
obligations
b. The domicile of natural person is their habitual
residence

DISQUALIFICATIONS
INCOMPETENT OR INSANE
Declared as incompetent or insane by
competent authority
CONVICTION
Sentenced by final judgement for
(subversion, insurrection, rebellion) subversion, insurrection, rebellion or


OR
CONVICTION
(any offenses, 18 months or more
imprisonment)
CONVICTION
(crime involving moral turpitude)
PERMANENT RESIDENT
or
IMMIGRANT
(foreign country)
any offense for which he has been

sentenced to penalty of more than 18
months imprisonment
Sentenced by final judgement for a crime
involving moral turpitude
Sec 68 - 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.

DISQUALIFICATIONS UNDER RA 7160
(Applicable to candidates for Local elective office only)

CONVICTION
(crime involving moral turpitude)
CONVICTION
(offenses, 1 year or more
imprisonment)
REMOVED FROM OFFICE
CONVICTION
(violation of oath of allegiance)
DUAL CITIZEN
FUGITIVE
PERMANENT RESIDENT
or
IMMIGRANT
(foreign country)
INSANE OR FEEBLEMINDED
Sentenced by final judgement for a crime

involving moral turpitude
Or for an offense punishable by 1 year or
more of imprisonment within 2 years
after serving sentence
Those removed from office s result of an
administrative case
Those convicted from office as a result of
an administrative case
Those with dual citizen
Fugitives in criminal and non political
case here and abroad
Permanent residents in foreign country
or those who have acquired the right to
reside abroad and continue to avail of
the same right after the effectivity of the
Local Government Code
Declared as incompetent or insane by
competent authority

COMPRISON OF 2 DISQUALIFICATION GROUNDS
SEC 40 RA 7160 (Local Government
SEC 2 BP 881 (Omnibus Election Code) -
Code) - The following persons are
This Code shall govern all election of
disqualified from running for any elective public officers
local position:
SEC 12 BP 881 (Omnibus Election Code)


(a) 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;
(b) Those removed from office as a
result of an administrative case;
(c) Those convicted by final judgment for
violating the oath of allegiance to the
Republic;
(d) Those with dual citizenship;
(e) Fugitives from justice in criminal or
non-political cases here or abroad;
(f) 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;

(g) The insane or feeble-minded
-Disqualifications
(a) for any offense for which he has been
sentenced to a penalty of more than
eighteen months or for a crime involving
moral turpitude

(c) has been declared by competent
authority insane or incompetent, or has
been sentenced by final judgment for
subversion, insurrection, rebellion

(f) SEC 68 - 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.
(g) Any person who has been declared
by competent authority insane or
incompetent


CHAPTER 5

CANDIDACY

Candidate?
Any person aspiring for or seeking an elective public office, who has filed a
certificate of candidacy by himself or through an accredited political party,
aggroupment, or coalition of parties. (Sec. 79, BP 881)

Certificate of Candidacy (COC) ?
Sworn document required to be filed by a person in order to be eligible for any
elective public office.

Contents of a COC? (Sec. 74, BP 881)

The certificate of candidacy shall state that the person filing it is announcing his
candidacy for the office stated therein and that he is eligible for said office;

If for Member of Batasang Pambansa
o the province, including its component cities, highly urbanized city or
district or sector which he seeks to represent;
o the political party to which he belongs;
o civil status;
o his date of birth;
o residence;
o his post office address for all election purposes;
o his profession or occupation;
o that he will support and defend the Constitution of the Philippines and
will maintain true faith and allegiance thereto;
o that he will obey the laws, legal orders, and decrees promulgated by the
duly constituted authorities;
o that he is not a permanent resident or immigrant to a foreign country;
that the obligation imposed by his oath is assumed voluntarily, without
mental reservation or purpose of evasion; and
o that the facts stated in the certificate of candidacy are true to the best of
his knowledge.

Unless a candidate has officially changed his name through a court approved
proceeding, a certificate shall use in a certificate of candidacy the name by which he
has been baptized.
Not baptized in any church or religion? - name registered in the office of the local
civil registrar or any other name allowed under the provisions of existing law
In case of a Muslim? - Hadji name after performing the prescribed religious
pilgrimage:

Two or more candidates for an office with the same name and surname?


Each candidate, upon being made aware or such fact, shall state his paternal and
maternal surname, except the incumbent who may continue to use the name and
surname stated in his certificate of candidacy when he was elected. He may also
include one nickname or stage name by which he is generally or popularly known in
the locality.

The person filing a certificate of candidacy shall also affix his latest photograph,
passport size; a statement in duplicate containing his bio-data and program of
government not exceeding one hundred words, if he so desires.

Requisite for Eligibility; Rules (Sec. 73, BP 881)
No person shall be eligible for any elective public office unless he files a sworn
certificate of candidacy within the period fixed herein.
A person who has filed a certificate of candidacy may, prior to the election,
withdraw the same by submitting to the office concerned a written declaration
under oath.
No person shall be eligible for more than one office to be filled in the same
election, and if he files his certificate of candidacy for more than one office, he
shall not be eligible for any of them.
However, before the expiration of the period for the filing of certificates of
candidacy, the person who was filed more than one certificate of candidacy may
declare under oath the office for which he desires to be eligible and cancel the
certificate of candidacy for the other office or offices.
The filing or withdrawal of a certificate of candidacy shall not affect whatever
civil, criminal or administrative liabilities which a candidate may have incurred.

Cases:

Doctrines
.. after the people have expressed their will honestly, the result of
the election cannot be defeated by the fact that the respondent who
was certified by the provincial secretary to be a legal candidate for
De Guzman v. the office of provincial governor, has not sworn to his certificate of
Board of
candidacy.
Canvassers

48 Phil 211
Formal defects in the certificate of candidacy. While the certificate
of candidacy is required to be under oath, the election of the
candidate cannot be annulled on the sole ground of formal defects
in the certificate, such as lack of the required oath.

..Sec. 39, par. (a), of the Local Government Code of 1991, earlier

quoted, that the law does not specifically require that the candidate


Jurilla v.
COMELEC
G.R. No. 105436,
June 2, 1994
must state in his certificate of candidacy his Precinct Number and

the Barangay where he is registered. Apparently, it is enough that he
is actually registered as a voter in the precinct where he intends to
vote, which should be within the district where he is running for
office.

The omission by a candidate to indicate in his certificate of
candidacy his precinct number and particular barangay where he
is a registered voter, is not sufficient ground to disqualify the
candidate, because the Local Govt Code does not require these
data to be indicated in the certificate. It is enough that he is
actually registered as a voter in the precinct where he intends to
vote, which should be within the district where he is running for
office.

Effects of filing a certificate of candidacy
Candidates holding appointive office or positions. - Any person holding a
public appointive office or position, including active members of the
Armed Forces of the Philippines, and officers and employees in
government-owned or controlled corporations, shall be considered ipso
facto resigned from his office upon the filing of his certificate of
candidacy. (Sec 66, BP 881)
Candidates holding elective office. - Any elective official, whether national
or local, running for any office other than the one which he is holding in a
permanent capacity, except for President and Vice-President, shall be
considered ipso facto resigned from his office upon the filing of his
certificate of candidacy. (Sec 67, BP 881)
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: Provided, finally, That any person holding a
armed forces, and officers, and employees in government-owned orcontrolled corporations, shall be considered ipso factor 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. (Sec 13, RA 9369, amending
Sec 11 of RA 8436)



Cases:

PNOC
Energy v.
NLRC G.R.
No.
100947
May 31,
1993
Quinto v.
COMELEC
613 SCRA
385
Doctrines
..Section 66 of the Omnibus Election Code applies to officers and
employees in government-owned or controlled corporations, even those
organized under the general laws on incorporation and therefore not
having an original or legislative charter, and even if they do not fall under
the Civil Service Law but under the Labor Code. In other words, Section 66
constitutes just cause for termination of employment in addition to those
set forth in the Labor Code, as amended.

Sec. 66, BP 881 applies even to employees of government-owned or
controlled corporations without an original charter.
Section 4(a) of COMELEC Resolution 8678 is a faithful reflection of the
present state of the law and jurisprudence on the matter.

Incumbent Appointive Official. - Under Section 13 of RA 9369, which
reiterates Section 66 of the Omnibus Election Code, any person holding a
Armed Forces of the Philippines, and officers and employees in
government-owned or -controlled corporations, shall be considered ipso
facto resigned from his office upon the filing of his certificate of
candidacy.

Supreme Court upheld the constitutionality of the aforementioned
provision.

Effect of filing two (2) certificate of candidacy (Sec 73, par. 3, BP 881)
No person shall be eligible for more than one office to be filled in the same
election, and if he files his certificate of candidacy for more than one office, he
shall not be eligible for any of them.

Case:

Doctrines
We annul the COMELEC resolution declaring petitioner
disqualified for both positions of governor of Leyte and
mayor of the municipality of Baybay, Leyte. he filing of the
Catalina Loreto-Go
affidavit of withdrawal with the election officer of Baybay,
v. COMELEC
Leyte, was a substantial compliance with the requirement of

the law. We hold that petitioner's withdrawal of her
G.R. No. 147741 May
certificate of candidacy for mayor of Baybay, Leyte was
10, 2001
effective for all legal purposes, and left in full force her
certificate of candidacy for governor.



When a person files two certificates of candidacy for

different offices, he becomes ineligible for either position.
He may withdraw one of his certificates by filing a sworn
declaration with the COMELEC before the deadline for the
filing of certificates of candidacy.

Death disqualification, withdrawal of a candidate (Sec 77, BP 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.
o The substitute candidate nominated by the political party concerned
may file his certificate of candidacy for the office affected in
accordance with the preceding sections not later than mid-day of the
day of the election.
If the death, withdrawal or disqualification should occur between the day
before the election and mid-day of election day, said certificate may be filed
with any board of election inspectors in the political subdivision where he is a
candidate, or, in the case of candidates to be voted for by the entire electorate of
the country, with the Commission.

Cases:

Doctrines
The Election Code allows a person who has filed a
certificate of candidacy to withdraw the same prior to the
election by submitting a written declaration under oath.
There is no provision of law which prevents a candidate from
withdrawing his certificate of candidacy before the election
Luna v. COMELEC

G.R. No. 165983 April Hans Roger already withdrew his certificate of candidacy
24, 2007
before the COMELEC declared that he was not a valid
candidate. Therefore, unless Hans Rogers certificate of
candidacy was denied due course or cancelled in accordance
with Section 78 of the Election Code, Hans Rogers certificate
of candidacy was valid and he may be validly substituted by
Luna.
whereby he withdrew his withdrawal of his certificate of
candidacy, can only be considered as a new certificate of
candidacy which, having been filed only four days before the
Monsale vs. Nico
election, could not legally be accepted under the law, which
83 Phil. 758
expressly provides that such certificate should be filed at sixty
days before the election.

The withdrawal of the withdrawal, for purpose of reviving


the certificate of candidacy, must be made within the period

provided by law for filing of the certificate of candidacy.

Duty of the COMELEC
Ministerial duty of receiving and acknowledging receipt. - The Commission,
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. (Sec 76, BP 881)

Cases:

Doctrines
foregoing provisions give the Commission no discretion
to give or not to give due course to petitioner's certificate of
candidacy. On the contrary, the Conunission has, admittedly,
the "ministerial" duty to receive said certificate of candidacy.
Abcede v. Imperial Of what use would it be to receive it if the certificate were not
103 Phil 136
to be given due course? We must not assume that Congress
intended to require a useless act that it would have
imposed a mandatory duty to do something vain, futile and
empty.

The Commission may not, by itself, without the proper
proceedings, deny due course to or cancel a certificate of
candidacy filed in due form.

Cipriano v.
The Commission has no discretion to give or not to give due
COMELEC
course to petitioners certificate of candidacy. The duty of the
479 Phil 677
COMELEC to give due course to certificates of candidacy filed
in due form is ministerial in character. While the Commission
may look into patent defects in the certificates, it may not go
into matters not appearing on their face.
Petition to deny due course to or cancel a certificate of candidacy (Sec 78, BP
881)
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.



Cases:

Pendatun Salih v.
Sales
G.R. No. 122872
September 10, 1997
Loong v. COMELEC
216 SCRA 760
Doctrines
on the basis only of the election returns which, on their
face, appear regular and wanting of any physical signs of
tampering, alteration, or other similar vice, the Second
Division could not justifiably exclude said returns on the
occasion of a pre-proclamation controversy whose office is
limited to incomplete, falsified or materially defective returns
which appear as such on their face. If there had been sham
voting or minimal voting which was made to appear as
normal through the falsification of the election returns by
private respondent Alonzos followers, such grounds are
properly cognizable in an election protest and not in a preproclamation controversy

The prevailing doctrine in this jurisdiction, therefore, is that
as long as the returns appear to be authentic and duly
accomplished on their face, the Board of Canvassers cannot
look beyond or behind them to verify allegations of
irregularities in the casting or the counting of the votes.

Petition for cancellation must be filed within 25 days from
filing of the certificate of candidacy sought to be cancelled.
In the present case, a petition for cancellation of certificate
of candidacy filed beyond the 35-day period was not given
due course.



CHAPTER 6

CAMPAIGN

Election campaign?
Also called partisan political activity, refers to an act designed to promote the
election or defeat of a particular candidate or candidates to a public office which
shall include:
(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.

What are not considered election campaign or partisan political activity?
1-5, If performed for the purpose of enhancing the chances of aspirants for
nomination for candidacy to a public office by a political party, aggroupment,
or coalition of parties.
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

Prohibitions?
Election campaign or partisan political activity outside campaign period.
However, political parties may hold political conventions or meetings to
nominate their official candidates within thirty days before the commencement
of the campaign period and forty-five days for Presidential and Vice-Presidential
election. (Sec. 80, BP 881)
Intervention of foreigners. It shall be unlawful for any foreigner, whether judicial
or natural person, to aid any candidate or political party, directly or indirectly, or
take part in or influence in any manner any election, or to contribute or make
any expenditure in connection with any election campaign or partisan political
activity. (Sec 81, BP 881)
Removal, destruction or defacement of lawful election propaganda prohibited. It
shall be unlawful for any person during the campaign period to remove, destroy,
obliterate, or in any manner deface or tamper with, or prevent the distribution of
lawful election propaganda. (Sec 83, BP 881)


Transportation, food and drinks. It shall be unlawful for any candidate, political
party, organization, or any person to give or accept, free of charge, directly or
indirectly, transportation, food or drinks or things of value during the five hours
before and after a public meeting, on the day preceding the election, and on the
day of the election; or to give or contribute, directly or indirectly, money or
things of value for such purpose. (Sec 89, BP 881)

Case

Doctrines
Section 80 of the Omnibus Election Code prohibits is "an
election campaign or partisan political activity" by a
"candidate" "outside" of the campaign period.

Lanot v. COMELEC
Thus, the essential elements for violation of Section 80 of the

Omnibus Election Code are:
G.R. No. 164858
(1) a person engages in an election campaign or
November 16, 2006
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.

Lawful election propaganda (Sec 3, RA 9006; Sec 82, BP 881)

(1) Pamphlets, leaflets, cards, decals, stickers or other written or printed materials
the size of which does not exceed eight and one half inches in width and fourteen
inches in length;
(2) Handwritten or printed letters urging voters to vote for or against any particular
political party or candidate for public office;
(3) Cloth, paper or cardboard posters, whether framed or posted, with an area not
exceeding two (2) feet by three (3) feet, except that, at the site and on the
occasion of a public meeting or rally, or in announcing the holding of said
meeting or rally, streamers not exceeding three (3) feet by eight (8) feet in size,
shall be allowed: Provided, That said streamers may be displayed five (5) days
before the date of the meeting or rally and shall be removed within twenty-four
(24) hours after said meeting or rally;
(4) Paid advertisements in print or broadcast media: Provided, That the
advertisements shall follow the requirements set forth in Section 4 of this Act;
and
(5) All other forms of election propaganda not prohibited by the Omnibus Election
Code or this Act.



Prohibited forms of election propaganda (Sec 85, BP 881)

It shall be unlawful:
(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;
(2) To erect, put up, make use of, attach, float or display any billboard, tinplateposter, 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.

Any prohibited election propaganda gadget or advertisement shall be stopped,
confiscated or torn down by the representative of the Commission upon specific
authority of the Commission.

Cases

Doctrines
The COMELEC's prohibition on posting of decals and stickers
on "mobile" places whether public or private except in
designated areas provided for by the COMELEC itself is null
Adiong v. COMELEC and void on constitutional grounds.

G.R. No. 103956
The prohibition unduly infringes on the citizens
March 31, 1992
fundamental right of free speech enshrined in the
Constitution (Sec. 4, Article III). There is no public interest
substantial enough to warrant the kind of restriction
involved in this case.

The holding of exit polls and the dissemination of their
ABS-CBN
results through mass media constitute an essential part of
Broadcasting Corp. the freedoms of speech and of the press. Hence, the Comelec
v. COMELEC
cannot ban them totally in the guise of promoting clean,

honest, orderly and credible elections. Quite the contrary, exit
G.R. No. 133486
polls properly conducted and publicized can be vital


January 28, 2000
SWS, Inc. v.
COMELEC

G.R. No. 147571
May 5, 2001

Chavez v. COMELEC

G.R. No. 162777
August 31, 2004
tools in eliminating the evils of election-fixing and fraud.

Narrowly tailored countermeasures may be prescribed by the
Comelec so as to minimize or suppress the incidental
problems in the conduct of exit polls, without transgressing in
any manner the fundamental rights of our people.
Sec. 5.4, RA 9006 is invalid because
(1) it imposes a prior restraint on the freedom of expression,
(2) it is a direct and total suppression of a category of
expression even though such suppression is only for a limited
period, and
(3) the governmental interest sought to be promoted can be
achieved by means other than suppression of freedom of
expression.

Sec. 5.4 - Surveys affecting national candidates shall not be
published fifteen (15) days before an election and surveys
affecting local candidates shall not be published seven (7)
days before an election.
The Supreme Court upheld the validity of COMELEC
Resolution 6520 that all propaganda materials including
advertisements on print, in radio, or on television, showing
the image or mentioning the name of a person who,
subsequent to the placement or display thereof, becomes a
candidate for public office, be immediately removed,
otherwise this shall be presumed as premature
campaigning in violation of the provisions of BP 881.

Contributions and Expenses

Election contribution?
Includes a gift, donation, subscription, loan, advance or deposit of money or
anything of value, or a contract, promise or agreement to contribute, whether or not
legally enforceable, made for the purpose of influencing the results of the elections
but shall not include services rendered without compensation by individuals
volunteering a portion or all of their time in behalf of a candidate or political party.
(Sec 94, BP 881)

Election expenses?
Includes the payment or delivery of money of anything of value, or a contract,
promise or agreement to make an expenditure, for the purpose of influencing the
results of the election. (Sec 94, BP 881)
Prohibited contributions (Sec 95, BP 881)



Limitations? (Sec 13, RA 7166)

Authorized Expenses of Candidates and Political Parties
The agreement amount that a candidate or registered political party may spend for
election campaign shall be as follows:

For candidates:
o Ten pesos (P10.00) for President and Vice-President; and
o Three Pesos (P3.00) for other candidates for every voter currently
registered in the constituency where he filed his certificate of candidacy:
Provided, That a candidate without any political party and without support
from any political party may be allowed to spend Five Pesos (P5.00) for
every such voter

For political parties:
o Five pesos (P5.00) for every voter currently registered in the constituency
or constituencies where it has official candidates.

Statement of Contributions and Expenditures (Sec 14, RA 7166)
Every candidate and treasurer of the political party shall, within thirty (30) days
after the day of the election, file in duplicate with the offices of the Commission
the full, true and itemized statement of all contributions and expenditures in
connection with the election.
No person elected to any public offices shall enter upon the duties of his office
until he has filed the statement of contributions and expenditures herein
required.
The same prohibition shall apply if the political party which nominated the
winning candidate fails to file the statement required herein

Effect of failure to file statement? ADMINISTRATIVE OFFENSE (Sec 14, RA
7166)
Offenders shall be liable to pay an administrative fine ranging from One
thousand pesos (P1,000.00) to Thirty thousand pesos (P30,000.00), in the
discretion of the Commission.
For the commission of a second or subsequent offense under this section, the
administrative fine shall be from Two thousand pesos (P2,000.00) to Sixty
thousand pesos (P60,000.00), in the discretion of the Commission. In addition,
the offender shall be subject to perpetual disqualification to hold public
office.



Case:

Pilar v. COMELEC

245 SCRA 749

In the case at bench, as the law makes no distinction or
qualification as to whether the candidate pursued his
candidacy or withdrew the same, the term "every candidate"
must be deemed to refer not only to a candidate who pursued
his campaign, but also to one who withdrew his candidacy.

The requirement to file the statement covers even those
who withdrew as candidates after having filed their
certificates, because, Sec. 14, RA 7166 does not make any
distinction.


CHAPTER 7

WATCHERS

Who are entitled?

Every registered political party, coalition of political parties and every independent
candidate shall each be entitled to one watcher in every polling place. (Sec 178, BP
881; Sec 26, RA 7166)

Qualifications (Sec 178, BP 881)
a. Qualified voter of the city or municipality;
b. of good reputation and shall not have been convicted by final judgment of
any election offense or of any other crime;
c. must know how to read and write Pilipino, English, Spanish or any of the
prevailing local dialects; and
d. not related within the fourth civil degree of consanguinity or affinity to the
chairman or any member of the board of election inspectors in the polling
place where he seeks appointment as a watcher.

Rights and Duties of watchers (Sec 179, BP 881)
The watchers shall have the right to stay in the space reserved for them
inside the polling place.
They shall have the right to witness and inform themselves of the
proceedings of the board of election inspectors, including its proceedings
during the registration of voters, to take notes of what they may see or hear,
to take photographs of the proceedings.
to file a protest against any irregularity or violation of law
to read the ballots after they shall have been read by the chairman
to be furnished with a certificate of the number of votes in words and figures
cast for each candidate

Other watchers
The duly accredited citizens arm of the Commission shall be entitled to appoint a
watcher in every polling place. Other civic, religious, professional, business, service,
youth and any other similar organizations, with prior authority of the Commission,
shall be entitled collectively to appoint one watcher in every polling place.



CHAPTER 8

CASTING OF VOTES

Preparation of ballots for illiterate and disabled persons
A voter who is illiterate or physically unable to prepare the ballot by himself may be
assisted in the preparation of his ballot by:
a relative, by affinity or consanguinity within the fourth civil degree; or
if he has none, by any person of his confidence who belong to the same
household or any member of the board of election inspectors, except the two
party members.

No voter shall be allowed to vote as illiterate or physically disabled unless
it is so indicated in his registration record.

Limitations
In no case shall an assistor assist more than three times except the non-party
members of the board of election inspectors.
The person thus chosen shall prepare the ballot for the illiterate or disabled
voter inside the voting booth.
The person assisting shall bind himself in a formal document under oath to fill
out the ballot strictly in accordance with the instructions of the voter and not to
reveal the contents of the ballot prepared by him.

Authentication of Ballots
Signature of Chairman at the Back of Every Ballot.
In every case before delivering an official ballot to the voter, the chairman of the
board of election inspectors shall, in the presence of the voter, affix his signature at
the back thereof.

Failure? - Failure to so authenticate shall be noted in the minutes of the board of
election inspectors and shall constitute an election offense

Cases:

Doctrines
Libanan v. HRET
There is really nothing in the above law to the effect that a

ballot which is not so authenticated shall thereby be deemed
G.R. No. 129783
spurious. The law merely renders the BEI Chairman
December 22, 1997 accountable for such failure.


Punzalan v.
COMELEC
289 SCRA 702
While Section 24 of Republic Act No. 7166 requires the BEI

chairman to affix his signature at the back of the ballot, the
mere failure to do so does not invalidate the same although it
may constitute an election offense imputable to said BEI
chairman. Nowhere in said provision does it state that the
votes contained therein shall be nullified. It is a well-settled
rule that the failure of the BEI chairman or any of the
members of the board to comply with their mandated
administrative responsibility, i.e., signing, authenticating and
thumbmarking of ballots, should not penalize the voter with
disenfranchisement, thereby frustrating the will of the
people.

Challenge of illegal voters (Sec 199, BP 881)
(a) Any voter, or watcher may challenge any person offering to vote for not
being registered, for using the name of another or suffering from existing
disqualification.
(b) No voter shall be required to present his voter's affidavit on election day
unless his identity is challenged.
o His failure or inability to produce his voter's affidavit upon being
challenged, shall not preclude him from voting:
if his identity be shown from the photograph, fingerprints, or
specimen signatures in his approved application in the book of
voters; or
if he is identified under oath by a member of the board of
election inspectors and such identification shall be reflected in
the minutes of the board.

Grounds for challenge (Sec 200, BP 881)
Any voter or watcher may challenge any voter offering to vote on the ground that:
(1) the challenged person has received or expects to receive, has paid, offered or
promised to pay, has contributed, offered or promised to contribute money
or anything of value as consideration for his vote or for the vote of another
(2) that he has made or received a promise to influence the giving or withholding
of any such vote or that he has made a bet or is interested directly or
indirectly in a bet which depends upon the result of the election

Procedure:
Challenged person shall take a prescribed oath before the board of election
inspectors that he has not committed any of the acts alleged in the challenge.
Upon the taking of such oath, the challenge shall be dismissed and the challenged
voter shall be allowed to vote, but in case of his refusal to take such oath, the
challenge shall be sustained and he shall not be allowed to vote.



Record of challenges (Sec 202, BP 881)

The poll clerk shall keep a prescribed record of challenges and oaths taken in
connection therewith and the resolution of the board of election inspectors in each
case and, upon the termination of the voting, shall certify that it contains all the
challenges made.



CHAPTERS 9
BOARD OF ELECTION INSPECTORS
COMPOSITION
QUALIFICATIONS
Sec 2 RA 8786
a. Chairman
b. Member
c. Poll clerk
a. Good moral character and irreproachable reputation
b. Registered voter of the city or municipality
c. Has never been convicted of any election offense or of
any other crime punishable by more than six (6)
months of imprisonment;
d. Is able to speak, read and write English or the local
dialect
DISQUALIFICATION
Sec 3 RA 8786
a. must not be related within the fourth civil degree of

consanguinity or affinity to any member of the same
BEI or to any candidate to be voted for in the polling
place
b. must not engage in any partisan political activity
POWERS
Sec 10 RA 8786
a. Conducts the voting in the polling place and

administer the election counting of voters;
b. Act as deputies of COMELEC in supervision and
control of polling place
c. Maintain order within the polling place and its
premises
d. Perform such other functions prescribed by law or by
the rules and regulations promulgated by the
COMELEC



CHAPTER 10
COUNTING OF VOTES
COUNTING OF VOTES
PROCEDURE
Sec 206 BP 881
a. As soon as the voting is finished, the board of election

inspectors shall publicly count in the polling place the
votes cast and ascertain the results
b. The board of election inspectors shall not adjourn or
postpone or delay the count until it has been fully
completed, unless otherwise ordered by the
Commission
MANNER OF
COUNTING
Sec 25 RA 7166
a. The chairman, the poll clerk and the third member

shall assume such positions as to provide the
watchers and the member shall assume such
positions as to provide the watchers and the
members of the public as may be conveniently
accommodated in the polling place
b. An unimpeded view of the ballot being read by the
chairman of the election return and the tally board
being simultaneously accomplished by the poll clerk
and the third member respectively, without touching
any of these election documents
c. Table shall be cleared of all unnecessary writing
paraphernalia
d. Violation of this requirement shall constitute an
election offense
APPRECIATION OF BALLOTS
GENERAL RULE
Sec 211 BP 881
OTHER BASIC RULE
a. every ballot shall be presumed to be valid

b. unless there is clear and good reason to justify its
rejection.
a. ascertain and carry into effect the intention of the
voter, if it could be determined with reasonable
certainty
b. outmost liberality must be observed in reading the
ballot in order not to defeat the intention of the
voters
c. technical rule should not be permitted to defeat the
intention of the voter, if that intention is discernible
from the ballot itself and not from evidence aliunde
d. extreme caution should be observed before a ballot is


invalidated and doubts are to be resolved in favor of

their validity
RULES FOR APPRECIATION OF BALLOTS
1. Idems Sonam-
A name or
surname
incorrectly
written which,
when read,
has a sound
similar to the
name or
surname of a
candidate
when
correctly
written
2. Only the first
name or
surname is
written

a. vote shall be counted in favor of such candidate
a. vote for such candidate is valid, if there is no other

candidate with the same first name or surname for
the same office.
b. If there are two or more candidates having the same
first name or surname, it is bot a valid vote for any of
the candidates.
3. first name of a
candidate is
written on the
ballot, which
when read,
has a sound
similar to the
surname of
another
candidate
4. Two words are
written on the
ballot, one of
which is the
first name of
the candidate
a. the vote shall be counted in favor of the candidate
with such surname
a. vote shall not be counted for either


and the other

is the surname
of the
opponent
5. Ballots which
contain
prefixes such
as "Sr.", "Mr.",
"Datu", "Don",
"Ginoo",
"Hon.", "Gob."
or suffixes like
"Hijo", "Jr.",
"Segundo"
6. use of the
nicknames
and
appellations of
affection and
friendship, if
accompanied
by the first
name or
surname of
the candidate
7. candidates
voted for
exceed the
number of
those to be
elected
8. When two
words are
written on the
ballot, one of
which is the
first name of
the candidate
and the other
a. does not invalidate ballot

b. except if they are used as an identifying mark
a. does not annul such vote

b. except when they were used as an identifying mark
a. the ballot is valid

b. but the votes shall be counted only in favor of the
candidates whose name were firstly written by the
voter within the spaces provided for said office in the
ballot until the authorized number is covered.
a. ballot is counted in favor of the candidate whose

surname is the first name of his opponent.


is the surname
of his
opponent
9. two or more
a. ballot cannot be counted for either;

b. except when one of the candidates is an
incumbent, in which case it will be counted in his
favor
words are the

surnames of
two or more
candidates
ELECTION RETURNS
a. BEI shall prepare the election returns
b. simultaneously with the counting of the votes in the
polling place
a. upon completion of the election returns
b. chairman of BEI shall;
c. orally and publicly announce the total number of
votes received in the election in the polling place by
each and every one of the candidates

PREPARATION
RESULT OF
ELECTION
a. upon request;
b. BEI shall issue Certificate of Votes to watchers
c. Signed and thumb marked by each member of BEI
which issues the same
CERTIFICATE OF
CANDIDATES



CHAPTER 11
PRE-PROCLAMATION CONTROVERSY

DEFINITION
(Sec.241, B.P.881)
PURPOSE
RATIONALE
a. Refers to any question pertaining to or affecting;

b. The proceedings of the Board of Canvassers;
c. Which may be raised by any candidate or by
political party or coalition of political parties;
d. Before the Board or directly with Comelec;
e. Or any matter raised under Secs. 233,234,235,236
in relation to the preparation, transmission,
receipt, custody, and appreciation of the election
returns.
a. To ascertain the winners in the elections on the
basis of election returns duly authenticated by
the Board of Elections Inspectors and admitted
by the Board of Canvassers.
a. Prevent the nefarious practice known as grab
the-proclamation, prolong-the-protest.
ISSUES THAT MAY BE RAISED

1. Illegal composition
or proceedings of
the Board of
Canvassers.
2. Election Returns
were prepared
under duress,
threats, coercion,
and intimidation,
or they are
obviously
manufactured or
not authentic.

Villamor v. Comelec GR 16986,July 1, 2006
If issue involves illegal composition of Board of
Canvassers, it must be filed immediately when Board of
Canvassers begins to act as such, or at the time of the
appointment of the member whose capacity as such is
objected to.

Lagumbay v. Comelec, 16 SCRA 175
In each precinct the number of the registered voters
equaled the number of ballots and number of votes
reportedly cost and tallied for each and every
candidate of LP, whereas, all the NP got exactly zero.
Supreme Court stated that said returns were obviously
false or fabricated-prima facie, and enunciated the
doctrine of statistical improbability.


3. When substitute or
fraudulent returns
in controverted
polling places were
canvassed, the
results of which
materially affected
the standing of the
aggrieved
candidate or
candidates.
4. Canvassed election
returns are
incomplete,
contain material
defects in the same
returns or in order
authentic copies
thereof as
mentioned in Secs.
233-236.

Espaldon v. Comelec G.R. No. L-78987 Aug. 25,
1987
Padded voters list , massive fraud, and terrorism are
clearly not among the issues that ,ay be raised in a preproclamation controversy. They are proper grounds for
an election protest.

Castromayor v. Comelec , 250 SCRA 298
A proclamation based on incomplete returns is not void.
CHARACTERISTICS OF PRE-PROCLAMATION CONTROVERSY
1. Comelec
Jurisdiction
2. Summary
Disposition of Preproclamation
Controversies

Section 242, B.P. 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.

Section 18 RA 7166. - All pre-proclamation
controversies on election returns or certificates of canvass
shall, on the basis of the records and evidence elevated to
it by the board of canvassers, be disposed of summarily by
the Commission within seven (7) days from receipt
thereof. Its decisions shall be executory after the lapse of
seven (7) days for receipts by the losing party of the
decision of the Commission


3. Pre-proclamation
Cases Not Allowed
in Elections for
President, VicePresident, Senator,
and Member of the
House of
Representatives
4. Partial
Proclamation.

Section 15, RA 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.

Section 21, RA 7166- Notwithstanding the pendency of
any pre-proclamation controversy, the Commission may
summarily order the proclamation of other winning
candidates whose election will not be affected by the
outcome of the controversy.



CHAPTER 12
ELECTION CONTESTS
JURISDICTION OVER ELECTION CONTESTS
POSITION
ORIGINAL AND EXCLUSIVE
PRESIDENT / VICE-PRESIDENT
Supreme Court
SENATOR
Senate Electoral Tribunal
REPRESENTATIVE
HR Electoral Tribunal
REGIONAL / PROVINCIAL CITY
COMELEC
MUNICIPAL
Regional Trial Court
BARANGAY
Municipal Trial Court, Metropolitan Trial

Court
DECISIONS
APPELATE JURISDICTION
RTC IN MUNICIPAL OFFICES
COMELEC
DECISIONS OF COMELEC
SUPREME COURT
DECISIONS OF ELECTORAL TRIBUNAL SUPREME COURT

REQUISITES OF AN ELECTION PROTEST
1. Must be filed by any
candidates who has filed
a COC and has been
voted upon for the same
office

Tan v. Comelec, June 1,1998
Gubernatorial candidate is not the proper party to
institute election protest regarding the election of the
Vice-Governor, Board Members and Municipal
Mayors.


2. On grounds of fraud,
terrorism, irregularities
or illegal acts
committed before,
during or after the
casting and counting of
votes.
Arao vs Comelec 210 SCRA 290

The Comelec cannot simply close its eyes to the
illegality of the ballots even if the protestant omitted
to raise the ground in his protest.
3. Within the (10 days)

from the proclamation
of the results of the
election.
Gatchalian v. Comelec 245 SCRA 208

The period for filing an election protest is suspended
during the pendency of a pre-proclamation
controversy.
4. Payment of Docket Fee
Solar vs Comelec 339 SCRA 685

For failure to pay the basic docket fee, the protest
should be dismissed.

REQUISITES OF QUO WARRANTO
1. Filed by any registered

voter in the
constituency.
Tan v. Comelec, June 1,1998

Gubernatorial candidate is not the proper party to
institute election protest regarding the election of
the Vice-Governor, Board Members and Municipal
Mayors.
2. On grounds of
ineligibility or disloyalty
to the Republic of the
Philippines.
Ocampo v. HRET, G.R. No. 158466, June 15, 2004

There must be a final judgment (of disqualification)
before the election in order that the votes of the
disqualified candidate can be constituted as stray.


3. Within ten (10) days

from the proclamation
of the results of the
election.
Gatchalian v. Comelec, 245 SCRA 208

The period for filing an election protest is suspended
during the pendency of a pre-proclamation
controversy.
Quo Warranto in Elective Offices V. Warranto in Appointive Offices

ELECTIVE OFFICE
APPOINTIVE OFFICE
AS TO BASIS

Section 253, B.P. 881
Any voter contesting the election
of any Member of the Batasang
Pambansa, regional, provincial,
or city officer on the ground of
ineligibility or of disloyalty to
the Republic of the Philippines
shall file a sworn petition for
quo warranto with the
Commission within ten days
after the proclamation of the
results of the election

Sec. 5. of Rule 66, Rules of
Court
A person claiming to be entitled
to a public office or position
usurped or unlawfully held or
exercised by another may bring
an action therefor in his own
name.

AS TO ISSUE
the issue is the eligibility of

the officer elect;
the issue is the legality of the

appointment;


CHAPTER 13
ELECTION OFFENSES
TWO ASPECTS OF AN ELECTION OFFENSE
1. CRIMINAL
ASPECT
a. Involves the ascertainment of the guilt or

innocence of the accused candidate like in ant
other case;
b. usually entails a full blown hearing;
c. quantum of proof required to secure a conviction
is proof beyond reasonable doubt.
2. ELECTORAL
ASPECT
a. a determination of whether the offender should be

disqualified from office;
b. This is done through an administration proceeding
which is summary in character;
c. requires only a preponderance of evidence.
ILUSTRATIVE CASE

Sunga v. COMELEC, 288 SCRA 76
In a disqualification case, it is the electoral aspect that is
involved under which an erring candidate may be
disqualified even without prior criminal conviction.

SUNGA v. COMELEC
208 SCRA 76
FACTS:
Manuel C. Sunga- was one of the candidates for Mayor in Iguig, Cagayan, in the 8 May
1995 elections. Ferdinand B. Trinidad, then incumbent mayor, was a candidate for reelection in the same municipality.

Sunga- filed disqualification cases against Trinidad on various grounds (using
government vehicles, threats, intimidation, terrorism or other forms of coercion, votebuying).

COMELEC En Banc- approved and directed the filing of four (4) informartions for
various elections offenses with RTC Tuguegarao, Cagayan. The disqualification casw,
on the other hand, was referred to the COMELEC 2nd Division for hearing.

HELD:



a.) an election offense has criminal as well as electoral aspects. Its criminal aspect
involves the ascertainment of the guilt or innocence of the accused candidate.
b.) Its electoral aspect, on the other hand, is a determination of whether the
offender should be disqualified from office. This is done through an
administrative proceeding which is summary in character and requires only a
clear preponderance of evidence.

ENUMERATION OF ELECTION OFFENSES
1. Vote-buying and voteselling.
2. Wagering upon the

result of the election.
Any money or thing of value put up as a bet or as a

wager shall be forfeited to the Government.
3. Threats, intimidation,
use of fraudulent
device or other forms
of coercion
4. Appointment of new
employee.
Except in case of urgent need, with notice to the

Comelec, within three days from the appointment.
5. Carrying of deadly
weapon within a result
of 100 meters from
precinct.
6. Transfer or detail of
government official/
employee without
Comelec approval

People v. Ferrer, 54 OG 1348

The distribution of cigarettes to people who attended
a political meeting falls within the context of the
prohibition.

Mappala v. Judge Nunez, 240 SCRA 600
It is not necessary that deadly weapon be seized while
he was in the precinct or within a radius of 100 meters
therefrom; it is enough that the accused carried a
deadly weapon within the prohibited radius during
any of the days and hours specified in the law.

People v. Reyes, 247 SCRA 328
The transfer or detail of a government officer or
employee will not be penalized by Sec. 261 (h). B.P.
881, if done to promote efficiency in the government
service.


MAPPALA v. JUDGE NUNEZ
240 SCRA 600

FACTS:

Judge Crispulo Nunez acquitted Alejandro Angoluan of violation of Section 261 (p)
of the Omnibus Election Code, which punishes, Any person who carries any deadly
weapon in the polling place and within a radius od one hundred meters thereof during
the days and hours fixed by law for the registration of voters in the polling place,
voting, counting of votes, or preparation of election returns, on the ground that the
firearms was not taken from the accused within the 50 or 100 meters distance from
the precinct because in truth and in fact the said firearm was surrendered by the
accused two (2) days after the elections.

Jacinto Mappala filed an administrative complaint against Judge Nunez for grass
inefficiency, serious misconduct and violation of the Code of Judicial Ethics.

Held:

a. To support a conviction under the Sec. 261(p) of the Omnibus Election Code, it
is not necessary that the deadly weapon should have been seized from the
accused while he was in the precinct or within a radius of 100 meters therefrom
b. It is enough that the accused carries the deadly weapon in the polling and
within a radius of one hundred meters thereof during any of the specified days
and hours.


PEOPLE v. REYES
247 SCRA 328
FACTS:

MICP Customs Collector Buenaventura Maniego- assigned Customs Operation
Chief Jovencio Ebio to the office of the Deputy Collector for Operations as Special
Assistant.

Ebio- claimed that that his new assignment violated Comelec Resolution No. 2333 and
Sec, 261 (h) of B.P. 881, the Omnibus Election Code, which prohibit the transfer of any
employee in the civil service 120 days before the May 11, 1992 synchronized national
and local elections.

Trial Court- granted the motion to quash filed by Maniego and dismissed the
complaint.

HELD:

a) Section 261 (h) of B.P. Blg, 881 does not per se outlaw the transfer of
government officer or employee during election period if done to promote
efficiency in the government service.
b) Hence, Sec.2 of Resolution No. 233 provides that the Comelec that the Comelec
has to pass upon the reason for the proposed transfer or detail.



CHARACTERISTICS OF ELECTION OFFENSES

De Jesus v. People, 120 SCRA 760
The Comelec has exclusive jurisdiction to investigate
1. Jurisdiction over election
and prosecution cases involving violations of
offenses.
election laws. (Sec. 2(6), Art. IX-C, 1987
Constitution)
2. Preferential disposition
of election offenses.
3. Good faith is not a

defense.
4. Prescription period for

election offense.
Investigation and prosecution of election offenses

shall be given priority by the Comelec. The
investigating officer shall resolve the case within five
(5) days from submission.

People v. Bayona, 61 Phil. 181
Election offenses are generally mala prohibita. Proof
of criminal intent is not necessary. Good faith,
ignorance or lack of malice is not a defense; the
commission of the prohibited act is sufficient.

Five (5) years from the date of commission.


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