Professional Documents
Culture Documents
Note that no
Atty. Agra election officer can stay in one place for 4 years.
However, non-lawyers are generally not allowed.
SESSION 1 In the provincial level, as well as cities and capital towns, only
lawyers would be allowed.
Q: The President appoints you (a law student, 23 years old) Generally, in other towns, officers should also be lawyers.
as acting COMELEC commissioner. Are you qualified? HOWEVER, if there are no members of the lawyers available
for appointment as election registrar, graduates of duly
A: NO, I am not qualified under the Constitution. I have to be recognized schools of law, liberal arts, education or business
at least 35 years old. Also, there can be no acting or temporary administration who possess the appropriate civil service
COMELEC commissioner. eligibility may be appointed to said position.
Q: The COMELEC Chairman transfers one head to Q: COMELEC ruled that you are not a resident of your
another department & the COMELEC Chariman files a locality and you cannot vote.
petition to SC without the consent of COMELEC en banc.
A: This is NOT allowed because COMELEC cannot rule on the
A: For the transfer, what the COMELEC Chairman did is right to vote or that you are not a resident of your locality,
allowed. What he did was administrative in nature. SC has said based on the Constitution.
that the COMELEC chairman is the head of agency over
administrative concerns. Q: COMELEC issues resolution providing for appeals of
For the petition, this cannot be done. This would stem from a MTC over suffrage issues, particularly, whether or not
decision of COMELEC en banc, which is quasi-judicial in voters are to be included/excluded in the Voter’s Lists. Also,
nature. Thus, COMELEC en banc should have concurred first. COMELEC authorizes itself to file, on its own, inclusion/
exclusion cases.
Q: COMELEC plans to reshuffle regional officers and
appoint non-lawyers as provincial election supervisors. A: With regard to filing its own inclusion and exclusion,
COMELEC’s power to file cases motu propio is provided for in
the Constitution, thus it may have jurisdiction to file cases
Q: RTC takes cognizance of plebiscite protest case. Q: COMELEC division ruled on an issue of postponement
Plebiscite is initiative or referendum. and issued a subpoena, contempt, search warrant on a
postponement case.
A: This is NOT allowed under the Constitution. COMELEC A: First, COMELEC division had no jurisdiction because issue
has exclusive jurisdiction over plebiscites, among others of postponement is administrative
(elections, plebiscites, initiative, referendum and recall). RTC Second, contempt powers are only judicial. COMELEC en
cannot assume this. banc has contempt powers ONLY appellate jurisdiction over a
judicial case from a lower court. Otherwise, it does not.
Q: Presidential candidate questions jurisdiction of Third, as for the subpoena, the law provides no qualifications;
COMELEC over disqualification case against him because COMELEC can do it.
PET has jurisdiction. Is it true that ALL disqualification Fourth, for the search warrants, COMELEC can do it because
cases prior to proclamation are cognizable by COMELEC? it is expressly provided for in the law.
Q: COMELEC denies application of Iglesia ni Kristo as Q: What kind of paper will be used by COMELEC?
political party.
A: 30 copies of election forms will be printed.
A: This is valid, because religious groups not allowed as
political parties. Q: What should we expect to get from COMELEC early
April this year?
Q: In the situation above, how about if they are just
INSPIRED by the teachings? A: The COMELEC should send the unfilled official sample
ballots to all of us.
A: This is allowed; the political party will be validly formed.
Q: President withholds approval of COMELEC
Q: COMELEC did not receive COC of Mayor Duterte deputization of AFP for elections.
since it believes substitution is invalid.
A: VALID. COMELEC cannot deputize without President’s
A: COMELEC must receive the COC. The duty of COMELEC concurrence, as provided by the Constitution.
with regard to the COC is ministerial and not discretionary. It
CAN CANCEL later on. Q: CONGRESS mandates a two-party system.
Q: Can COMELEC provide for paperless, ballotless and A: Congress CANNOT. There must be a FREE AND OPEN
paperless consolidation of results? party system.
Q: COMELEC defines registration as the application Q: Seafarers or OFWs can vote for local positions.
before a COMELEC Division. COMELEC also allows motu
propio filing. A: It depends. If they are in the Philippines on day of elections,
they can vote for local positions. If abroad at the day of
A: Not allowed. First, registration as defined by RA 8189 elections, they can only vote for President, Vice-President,
refers to the filing of 1) sworn application, 2) upon approval of Senators, and Party-list Representatives.
A: Yes. Annulment of Book Voters. A: No. Under RA 8189, the SC is the second level of review
(first level is RTC) and only in cases involving pure questions
Q: Petition for inclusion on the ground of failure to register. of law. If it is a mixed question of law and fact, go to the Court
of Appeals (it is only in this case that the SC is the third level
A: Not allowed. According to statute, a petition for inclusion of review).
can only be filed on the grounds of
1) Name is stricken out of list, or Q: Presidential candidate challenges the constitutionality of
2) Application is disapproved. the statutory power of COMELEC to annul the Book of
Voters, since this amounts to ruling on the right to suffrage.
Q: MTC judge renders a decision on an exclusion cased on
the ground of lack of residency, based solely on non- A: Not correct. The following are the grounds to annul the
appearance of an applicant. Book of Voters:
1) Preparation was attended by vice or fraud,
A: Not correct. Non-appearance is prima facie evidence of 2) Improper preparation of the Book, and
applicant being fictitious. Residency is not established by non- 3) Contains statistically improbable data (not VOTERS,
appearance in trial. because COMELEC has no).
These grounds are procedural and have no bearing on
substantive requirements of voters.
Q: Representatives of the House of Representatives are If not qualified: Grace Poe is not a natural-born citizen. She is a
national officials. foundling, and the 1987 Constitution is silent on the citizenship
of foundlings. Moreover, she has been using her American
A: Not necessarily. District representatives are national passport.
officials, locally elected. Party-list representatives are national
officials, nationally elected. Q: Congress can require that a voter and a candidate for all
elected officers must be literate.
Q: On May 9, 2016, all elected positions will be filled up.
A: For national candidates, it is true because under the 1987
A: For the first time, ARMM elections will be synchronized Constitution must be able to read and write. For local
with national elections. This does not include 12 of the candidates, it is also true because their qualifications are
Senators, and the Barangay Officials. provided by law. However, for voters, no literacy requirement
shall be imposed on the right to vote.
Q: Are all qualifications found for elective officials in the
Constitution? Q: All candidates must be natural-born citizens, and must
be above 23 years of age on election day.
A: No. For local positions, the qualifications are provided for
by Statute. This means that Congress can add/subtract A: False. For national and ARMM officials, they must be
qualifications for them, pursuant to its plenary powers. natural-born. This is not required for other local officials. As
for age requirement, 21 for governor. vice governor, mayor,
Q: Grace Poe is ______ (defend your answer). vice mayor, barangay SK requirement is 18 to 24. (See Agra
Matrix)
A: If qualified: Grace Poe is a natural-born citizen, as
foundlings are entitled to a citizenship (social justice).
Moreover, Grace Poe renounced her foreign citizenship and
A: For the college graduate requirement, it is allowed because A: The Philippines does not follow majority system, but rather
qualifications are provided by statute. a plurality system (highest number of votes). There are three
For the appointive requirement, it is also allowed because accepted formulae in the world: plurality, majority, and
Congress can determine who are the elected or appointed local proportional representation.
officials.
For the term requirement, IT DEPENDS. If appointive, then it Q: Senators can be elected using electoral colleges, like the
is allowed. But for locally elected officials, there is a 3-year system in the U.S.
term limit provided by the Constitution.
A: Not allowed. Senators are elected at large. This means they
Q: The Comprehensive Dangerous Drugs Act provides that are elected by registered voters nationally. The top 12 senators
all candidates for office, whether appointive or elective, will win.
shall undergo mandatory drug test.
Q: A vote for the Chief Executive at the national and local
A: For nationally elected positions, this is not allowed because levels is a vote for the Vice Chief Executive.
the Constitution provides an exclusive list of qualifications.
However, for locally elected positions, a mandatory drug test A: This is only true for the ARMM.
can be allowed. However, it might be argued to violate the right
to privacy. Q: A person who became a district representative in 2009
brought about by special elections due to the death of the
Q: All mayors must be lawyers. former district representative. He ran and won in 2010, and
in 2013 as well. Can he run for the 2016 elections?
A: The Constitution is silent on the matter. But this might be
unreasonable. A: No. For national officials, serving an unexpired term is
considered a term because term is fixed by law, as opposed to
A: Yes, the Congress can change the system of electing city A: Allowed. There are two kinds of membership for party lists:
councilors from plurality to proportional representation, organic and synthetic. For as long as I have a proven track
because the election of local officials is provided by statute. record in advocating for the special interests of that sector
(synthetic), even if I am not an actual member of said sector
Q: There are 55 party list seats in 2016. (organic).
A: False. First, the number of district representatives this 2016 Q: A party-list organization registered in 2009, but did not
will be 235. Second, according to the formula for the number participate in the 2010 elections and failed to get 2% in the
of part list seats [(number of district rep seats/0.80)*0.20], 2013 elections. Can it participate in 2016?
there should be 58.75, or rounding up, 59 party list seats. (no
round off rule is only for the actual allocation of seats to A: The party can run. The grounds for disqualification are
nominees) separate. One is not participating in the past two preceding
elections. The other is failing to get 2% of the votes in the past
Q: All parties participating under the party-list system two preceding elections. Under case law, you cannot combine
must have a constituency in the majority of local the grounds.
governments and must represent any of the sectors
enumerated. Q: A party list organization which obtains 10% of the
second vote shall be entitled to 5 seats.
A: Both false. For the first part, there are three kinds of parties:
national, regional, and sectoral parties. Majority presence A: False. Under the law, a party list organization can only
(based on track record) is only required for the national and obtain up to 3 seats maximum.
There are other captions such as Petition to Deny Due Course/ Q: In a Petition to Disqualify a candidate on the ground of
Petition for Cancellation of Certificate of Candidacy, filed only election offense, the COMELEC Division can determine
for material misrepresentation. probable cause.
Finally there is the Petition to Declare a Candidate a Nuisance A: Yes. For commission of an election offense, there are two
Candidate. options:
1) Electoral aspect: file for disqualification of a
Q: A Petition to Deny Due Course/Petition for Cancellation candidate, for which COMELEC Division has
of Certificate of Candidacy was the correct pleading to file jurisdiction at the first instance (not en banc because
against Grace Poe and Martin Diño. this is a quasi-judicial function), and
2) Criminal aspect: file an election offense case where
A: For Grace Poe, it is correct because she was alleged to have COMELEC En Banc can determine probably cause and
committed a material misrepresentation with regard to the file an information (because it is administrative).
length of her residency. For Martin Diño, it is incorrect as the
misrepresentation, which involved filing for both President and Q: A Filipino who acquired permanent residency in the US
Mayor of Pasay, was not material. in February 2014 can validly run in the forthcoming
elections for district representative.
Q: Candidate X is charged with libel. It carries with it the
penalty of deprivation of political rights. There is final A: NO. He is lacking in the residency requirement for district
judgment. In applying, he said he had no disqualification representative, which is 1 year.
though. A Petition to Cancel Certificate of Candidacy is
filed against X. Is this proper? Q: The use of a foreign passport does not necessarily
amount to a recantation/renunciation of the Oath of
Renunciation.
Q: The incumbent Governor of Laguna can run for Mayor A: No. While said grounds are valid, said petition can only be
of Parañaque in the 2016 elections. filed 5 days after the last day of filing for certificate of
candidacy.
A: This is allowed, if he transfers his voter’s registration.
However, he will give up his status as registered voter of Q: A Petition to Disqualify a Candidate can still be filed on
Laguna. Thus, he will be deemed resigned from his post as May 9, 2016.
Governor of Laguna, because the qualifications required of
A: No, because according to COMELEC Resolution the Q: Mayor Olivarez can campaign at the start of the
candidate is considered an independent candidate. Independent campaign period (March 25, Good Friday) and a day
candidates cannot be substituted. before the campaign period.
Q: The Vice-Mayor becomes the Mayor when the latter was A: No to the day itself, yes to the day before. According to a
disqualified on two grounds: commission of an election COMELEC Resolution, candidates cannot campaign on Good
offense, and being a non-resident. Friday. However, prior to the campaign period, he can
campaign because according to the Pinera case, he is not a
A: It depends. If the grounds for disqualification is commission “candidate” before the campaigning period.
of an election offense, the rule on succession applies. However,
if the ground is lack of qualifications, case law says that the Q: Streamer that says “Happy Valentines” from a
Mayor was “never a candidate” and that the “second placer” in candidate. Is this a campaign material?
the elections is effectively the first placer. In the latter case, the
Vice Mayor cannot substitute. A: Yes. Election propaganda is defined as “any matter
broadcasted, published, printed, displayed, or exhibited, in any
Q: The Speaker of the House of Representatives can refuse medium, which contain the name, image, logo, brand, insignia,
to enter the name of the second placer in the roll of initials, and other symbols or graphic representation that is
members when the incumbent is declared ineligible. Should capable of being associated with a candidate or party, and
there be instead special elections? intended to draw attention of the public to promote or oppose
the election of a candidate.
A: No need to call for a special elections. If the ground is lack
of qualifications, the second placer is deemed to be the winner Q: Can a private person take down propaganda on his
in the elections. The duty to enter the names in the roll of own?
members is ministerial, and so the Speaker can be compelled
via mandamus.
A: Not allowed. First, there must be a permit from the city or A: Fair Election Act expressly repealed prohibition under OEC
municipality. Second, you must inform the election officer 3 on sleeves ballers and fans. A candidate can use them.
working days prior to the rally. Third, it can only be posted 5 However, as per COMELEC Resolution 10049, the candidate
days before the rally and removed within 24 hours after the must file a petition, and publish that petition.
rally. Fourth, the tarpaulin must be 3x8 ft. Finally, all expenses
must be reported to election officer 7 days after the rally. Q: Along Ortigas you see signs that say “ADOPT GRACE
POE 2016” and “GRACE-CHIZ 2016” in the headquarters
Q: Volunteers gave free unreceipted drinks and food during of Grace Poe and Chiz Escudero.
the rally.
A: Now allowed two have three signages (unless 1) the
A: Food cannot be given 5 hours before and 5 hours after the candidate is not notified, or 2) before campaign period). You
rally. During? Not allowed as well. HOWEVER, since there can have one headquarters per province AND one per highly
are no receipts, it can be argued that it was donated to the urbanized city. The things you can post are:
candidate. The donation must be accepted by the candidate via a. posters (2x3)
written consent. Morover, the donation must be accounted for b. stickers (8.5x14)
by the candidate. c. one signboard (3x8).
BUT NOT RALLY STREAMERS.
A: There are 3 expenses not : printing sample ballots, A: No. Only the COMELEC en banc can postpone elections,
photocopy and classify of voters, payment for counsel because 1) it is provided for by law, and 2) it is administrative
in nature. Assuming this is a COMELEC en banc, the grounds
Q: The president of the republic, an incumbent governor, invoked are allowed. Loss of electricity is force majeure, while
Filipino citizen naturalized in the US, public school teacher, late arrival of ballots and VCMs is an analogous circumstance
DPWH Bureau Chief … CAN campaign for Mar Roxas. to loss of election paraphernalia.
Which of them CANNOT campaign for Roxas?
Q: Firing of gunshots and violence can be the basis for
postponement or failure of elections.
A: Naturalized citizen cannot campaign (foreign citizen) Public school
teacher (government employee) DPWH Bureau Chief cannot campaign (as A: Postponement - can be the basis, provided it will render
they are covered by the Civil Service Commission) Secretaries CAN
campaign as an exception on appointive officials, because they are not impossible to have honest, open, peaceful elections and it must
covered by the Civil Service Commission. be serious violence; For failure, it must lead to failure of
Q: Petition to declare Failure of elections for ALL elective A: Yes, provided that there are grounds, and only if it will
positions was filed by a mayoralty candidate on the ground materially affect the elections.
that she got 0 votes in 2 precincts.
Q: COMELEC en banc can motu propio declare a failure
A: By itself, it is not a ground for failure of elections. However, of elections and postponement of elections, and cause the
if coupled with force majeure, fraud, violence, terrorism, holding of special elections on the 60th day.
analogous circumstances, it can be a ground. Moreover, only
the two precincts will be affected. Finally, it must materially A: COMELEC en banc can motu propio declare postponement,
affect the outcome of the elections. but failure can only be through verified petition. Moreover, the
30-day period to hold special elections in statute is merely
Q: Transfer of venue of transmission of results from the directory.
VCM ordered by the Chair of the Board of Election
Inspectors can be the basis for the postponement of Q: A political organization registered with the SEC can
elections. field a poll watcher.
A: Decision must be unanimous by BEI and, favorable A: No. A political party must be registered with the COMELEC
recommendation from the majority of the watchers who are in order to appoint a poll watcher. The effect of being
present. Assuming these requirements were not followed, this registered with SEC is the acquisition of juridical personality
cannot be basis for postponement because the casting of votes and rights under the Corporation Code.
is done. However, it can be basis for failure of elections if any
of the grounds are present, AND it will materially affect the Q: The matter of the expulsion of a party member is
outcome of the elections. cognizable by the COMELEC en banc, not a COMELEC
division.
Q: 50 flying voters were allowed to vote and this was raised
during the canvassing by you as a pollwatcher. The lead by
A: As a pollwatcher, distribution of ballots is not one of my Q: COMELEC can dispense with the use of paper ballots
rgiths and duties. However, the Chair of BEI can reject any and can automate from voting to proclamation.
challenge or protest I make. My right to challenge/protest
cannot be taken away. However, my right is merely to file said A: Yes, paper ballots can be dispensed with because according
protest, and that protest will be recorded in the proceedings. to the Automated Elections Law, COMELEC is given the
discretion to adopt either a paper based or direct recording
Q: Watchers have a say if the venue for counting will be electronic system. COMELEC however cannot automate until
transferred due to actual violence. proclamation. Only voting, counting, consolidating,
canvassing, and transmission of votes. Law excludes
A: Generally, must be unanimous by BEI and majority of the proclamation from the list.
watchers who are present. But this only applies when there is
“imminent danger”. If there is “actual violence”, then you don’t Q: You can be a member of the Board of Election
need to consult anymore. Inspectors and Board of Canvassers, providing service for
free.
SESSION 8
A: BEI - it depends. First, members must be public school
teachers. Second, if there are insufficient public school
teachers, then private school teachers, Third, if there are still
Q: As a poll watcher, what will you do if you see a police Unused ballots – There shouldn’t be any unused ballots
officer, candidate, and mayor in a polling place. because not everyone will vote.
A: All three are allowed only when they are supposed to vote, Rules of appreciation of ballots – This will not matter, because
voting, or just voted. Otherwise, they are not allowed to stay the voters no longer write the names on the ballots; everything
inside the premises. is printed for them.
Exception: police officers can stay inside if there is ACTUAL
disturbance. Q: COMELEC refuses to issue voting receipts to voters.
Exception: police officers can stay 30m away if there is an
IMMINENT threat. A: COMELEC should issue voting receipts to voters because
under the law, it is one of the minimum system capabilities.
Q: The provisions on spoiled ballots, excess ballots, marked Therefore, they are obliged.
ballots, etc. are still relevant in an automated election.
Q: COMELEC can lease from SMARTMATIC, a foreign
A: Depends on the type of ballot. corporation, VCMs and allow our elections to be automated
by said corporation.
Spoiled ballots – Yes, the provisions are still relevant. When
there is accidental tearing, a voter is given another one.
Q: Only ERs are subject to canvassing. Q: As paralegal you obtain a copy of the ER. During the
canvassing, before the CCS, you realize a discrepancy.
A: No, Certificates of Canvass are also canvassed. What is
being canvassed at district, provincial, COMELEC, and A: A discrepancy is NOT a manifest error even in a manual
congressional levels? COCs. ERs reflect the votes in the system. There are 2 types of discrepancies: (1) between the
precinct level. As you go higher, it becomes a COC. What can ERs and COC, and (2) between the votes in words and votes in
COMELEC canvass and proclaim? Senators, Party-list figures. If this happens (which they say it won’t because of the
representatives, and ARMM elective officials. automated system), you raise it with the BOC.
Q: A pre-proclamation case can be raised on the grounds of Q: What is the procedure if the above situation happens?
violence and presence of illegal voters during casting.
A: File with the BOC only, NO CONCURRENT
A: Both - no, because they do not fall under the statute. Pre- JURISDICTION WITH COMELEC DIVISION. When?
proclamation controversies can only be based on the face of the Before the particular ER is actually canvassed, because if it is
ER or the COC. The BOC cannot admit evidence aliunde already canvassed, it’s fatal (you’re not a good paralegal if that
(extraneous evidence other than what you see in the ER/COC) happens). How? Making an oral objection, while
simultaneously making a written objection. However,
A: The BOC becomes functus oficio after proclamation. It Q: Pre-proclamation cases can subsist even if proclamation
cannot reconvene, unless given an order by COMELEC. After has already been made.
proclamation, the BOC ceases to exist. Can only be given life
by order of the COMELEC Division. A: No, proclamation renders the pre-proclamation case moot.
Basis: long line of jurisprudence.
Q: If the BOC reconvenes motu propio, election protest is
the only remedy. Q: Election protest and annulment of proclamation can be
filed simultaneously.
A: The BOC cannot reconvene motu propio, must be by order
of COMELEC. Election protest is NOT THE ONLY remedy. In A: While both are POST-proclamation cases, they are
an election protest, you can question ANY irregularity. You can inconsistent with each other. When you file an annulment, you
file a pre-proclamation case. You can also file an annulment of are questioning the proclamation’s validty. In an election
proclamation case with the COMELEC Division because BOC protest, you are accepting the validity of the proclamation.
was already functus oficio.
Q: If an annulment of proclamation is not granted, an
Q: Congress rejects a COC from a province on the ground election protest cannot be filed.
that the electronic transmission and the fata storage are
corrupted. A: You can still file because when the annulment of
proclamation questions the validity of the proclamation while
A: Congress can reject a COC if the following are not present:
Can you file an election protest? Yes, but you only have 3 days Q: All election protests for local elective offices are filed
remaining to file. You don’t have another 10 days. with the COMELEC en banc.
A: No, they are never filed with COMELEC en banc. They are
Q: An election protest and quo warranto case can be filed filed with MTC (barangay officials), RTC (municipal officials).
simultaneously and the outcomes, if favorably acted upon, For these two, COMELEC Division has appellate jurisdiction.
are the same. For regional, provincial, and city officials, they are filed with
COMELEC Division.
A: They can be filed simultaneously. Unlike annulment and
election protest, they have consistent causes of action. For quo Position Jurisdiction over Election Protests
warranto, it is disloyalty or ineligibility of the elected. In
election protest, it is any other ground. Barangay officials MTC
Also, the outcomes are not the same. In both cases the protestee Municipal officials RTC
is unseated. However, in an election protest, whoever gets the
required votes will replace the protestee. In a quo warranto Regional, provincial
case, either a special election will be held or the rules in and city officials
succession will apply. COMELEC Division
Appellate jurisdiction
over barangay and
Q: An election protest can be filed based on the election
municipal officials
returns, not the ballots. Can this be filed solely based on the
ER or COC?
Q: The best evidence in an election protest under an
A: Yes. Wherever they wish to claim the fraud to have occurred automated election system are the ballots themselves.
(any irregularity) is fine. This is based on the case of Sen.
Loren Legarda. She did not question the ballots; she only A: If you want to question at the voter level, the ballot is the
best evidence. According to case law, if you don’t have the
ballots themselves, the best evidence would be the picture
Q: Fourth placer files an election protest against a duly Q: Death of a protestant and protestee renders a protest
proclaimed presidential candidate on the 15th day from the case moot.
proclamation.
A: For both, it depends. In positions where the rule of
A: As a general rule, the protestant is any candidate for the succession will apply for local positions, Presidents, and Vice
position. President, the protest will subsist. It will not apply to others
Exceptions: because in case of vacancies, there should be a special election.
(1) President/VP - 2nd and 3rd placers, and In what cases will the protest proceed? If it was properly filed,
(2) Municipal officials - 2nd and 3rd placers. and the one who will succeed is still alive/interested, because
he has interest to continue the case. He must show that the
Q: DQ cases were filed against two candidates: one district protestee actually won.
representative and provincial governor. They claim that
upon their proclamation, the DQ cases have been rendered Q: Non-payment of cash deposit, non-inclusion of
moot and no other cases can be filed henceforth. verification, non-inclusion of certification of non forum
shopping, and assailing some of the precincts are some of
A: For the governor: not moot. COMELEC retains jurisdiction; the fatal defects in an election protest.
once proclaimed, you are removed from office. For the district A: Non-payment of cash deposit - jurisdictional requirement
representative: there are 3 requirements for COMELEC to be and therefore fatal, but subject to estoppel.
divested of its jurisdiction: Non-inclusion of verification/non inclusion of certification of
a. Valid proclamation; non forum shopping = fatal.
b. Oath; and Assailing some of the precincts = fatal, as a protest must
c. Assumption into office. specify which precinct is being assailed.
A: No. Marked ballots are ballots that can reveal the identity of A: BEI cannot give numbers to people in line. The earliest
the voter. Assuming that there are marked ballots, where do opening of the VCM is 6am. Indelible ink should be applied to
you place them? It depends on the VCM. If the machine rejects the voter’s finger even if the VCM reject the ballot. (Basis for
them = rejected ballots. If accepted = counted official ballots. all this: GI; it is categorical on all these matters).
There are different envelopes: rejected ballots and counted Q: Only the BEI Chairperson can give a ballot to the voter
official ballots. and deposit the ballot to the VCM.
A: SD in Slot A must be placed in the envelope; this SD card is A: If disqualified case if filed, defenses are (a) prohibition on
to be delivered to the election officer. However, the SD in Slot giving away free food starts May 8, (b) not yet electioneering.
B will remain inside. The VCMs will go to the logistics
provider or the election officer (if he/she cannot be found). Q: If done today, would Mar Roxas be considered
Ballot box will be delivered to the municipal/city treasurer. committing an election offense?
Q: During and after the voting, the ballot box cannot be A: Already within the election period; already a “candidate”.
opened. Defenses available to Mar: Not campaigning.
NOTE: intent is not an element.
A: There are nuances. During the voting, the box can only be
wobbled by the Chairman, in the presence of the other BEI Q: Are all contributions during the campaign period
inspectors, to make space. If there is still no space after the prohibited?
wobbling, the Chairman may be pressed down. A: No. Exemptions: (a) normal and customary stipends, and (b)
After the voting, the general rule is that the ballot box cannot traditional gift-giving.
be opened.
The exceptions to this rule are— Q: May 5, 2016 Provincial governor appoints a person to
(a) To put in or take out documents, provided that Sangguniang Bayan due to the permanent vacancy caused
COMELEC authority by the death of councilor.
(b) To retrieve the ER or the SD card A: Not an election offense. According to case law, the ban on
appointment only covers those under the Civil Service.