Election Contests

Pre-Proclamation Controversy - Questions regarding proceedings of the board of canvassers which

may be raised by any candidate or by any registered political party or coalition of political parties, or by
any accredited and participating party list group, before the board or directly with the Commission [Sec.
241, BP 881; Rule 3, Sec. 1, COMELEC Resolution No. 8804]

COMELEC Resolution No. 8804 applies to election disputes under the Automated Election System (AES)
using the Precinct Count Optical Scan (PCOS) and shall cover pre-proclamation controversies and
election protests [Rule 1, Sec. 2, COMELEC Resolution No. 8804]

Jurisdiction
COMELEC has exclusive jurisdiction over pre-proclamation cases. [Rule 3, Sec. 2, COMELEC
Resolution No. 8804]. It may order, motu proprio or upon written petition, the partial or total suspension
of the proclamation of any candidate-elect or annul partially or totally any proclamation, if one has
been made. [Sec. 242, BP 881]

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. [Sec. 15, RA 7166]

Issues that may be raised

1. Illegal composition or proceedings of the board of election canvassers
2. Canvassed election returns are either:
a. Incomplete;
b. Contain material defects
c. Appear to be tampered with or falsified; or
d. Contain discrepancies in the same returns or in other authentic copies
3. The election returns were:
a. Prepared under duress, threats, coercion, intimidation; or
b. Obviously manufactured or not authentic
4. Substituted or fraudulent returns in controverted polling places were canvassed, the results of
which materially affected the standing of the aggrieved candidate(s)
5. Manifest errors in the Certificates of Canvass or Election Returns

Note:
However, under Comelec Resolution No. 8804, a pre-proclamation controversy covers only two issues:
1. Illegal composition of the Board of Canvassers (BOC); and
2. Illegal proceedings of the BOC.

There is illegal composition of the BOC when, among other similar circumstances, any of the members do
not possess legal qualifications and appointments. The information technology capable person required
to assist the BOC by RA 9369 shall be included as among those whose lack of qualifications may be
questioned. [Rule 4, Sec. 1, Comelec Resolution No. 8804]

There is illegal proceedings of the BOC when the canvassing is a sham or mere ceremony, the results of
which are pre-determined and manipulated as when any of the following circumstances are present:
a) precipitate canvassing;
b) terrorism;
c) lack of sufficient notice to the members of the BOC's;
d) Improper venue [Rule 4, Sec. 2, Comelec Resolution No. 8804]

PROCEDURE:
Questions involving the composition or proceedings of the Board of Canvassers, or Correction of Manifest
Errors
A petition involving the illegal composition or proceedings of the board of canvassers must be filed
immediately when the board begins to act as such, or at the time of the appointment of the member
whose capacity to sit as such is objected to if it comes after the canvassing of the board, or immediately
at the point where the proceedings are or begin to be illegal, either in the Board of Canvassers or
directly with the Comelec. [Sec. 17, RA 7166]
If the petition is for correction, it must be filed not later than 5 days following the date of proclamation, and
must implead all candidates who may be adversely affected thereby. [Sec. 5(b), Rule 27, COMELEC
Rules of Procedure]

However, matters raised under Sections 233, 234, 235 and 236 of the Omnibus Election Code in relation
to the preparation, transmission, receipt, custody and appreciation of the election returns, and the
certificates of canvass shall be brought in the first instance before the board of canvassers only. [Sec. 17,
RA 7166]

Matters relating to the preparation, transmission, receipt, custody, and appreciation of the election returns
and certificates of canvass
A petition must be filed only with the Board of Canvassers at the time the questioned return is
presented for inclusion in the canvass [Sec. 17, RA 7166] by any candidate, political party, or
coalition of political parties [Sec. 5(b), Rule 27, Comelec Rules of Procedure]. Non- compliance with
any of the steps is fatal to the pre-proclamation petition.

Pre-proclamation controversies under Comelec Resolution No. 8804

(If filed before the BOC) Upon receipt of the verified petition, the BOC shall immediately announce the
fact of the filing of said petition and the ground(s) raised. It shall immediately deliberate on the petition
and make a prompt resolution within 24 hours, which shall be in writing.
If the decision is in favor of the petition → inform the Comelec and the latter shall take the appropriate
action
In no case shall the receipt by the BOC of the electronically transmitted precinct, municipal, city, or
provincial results, be suspended by the filing of the said petition.

Appeal of an adverse resolution

BOC Resolution → Appeal to Comelec, by notifying BOC of his/her intent to appeal through a verbal and
a written and verified notice of appeal. This shall not suspend the formal proclamation of the official
results of the election until the final resolution of the appeal
48 hours after notice to BOC → Petitioner shall submit a Memorandum on Appeal stating the reasons
why the resolution being questioned is erroneous and should be reversed
BOC shall forward entire records of the petition to the Comelec
Comelec en banc consideration and decision within 5 days

If filed directly with the Comelec

Clerk of the Comelec shall docket and send summons to the BOC concerned and direct it to file an
answer within 48 hours.
Comelec en banc resolution within 5 days from the filing of the answer or upon the expiration of the
period to file the same.

Reyes v. Comelec: Decisions in pre-proclamation cases and petitions to deny due course to or cancel
certificates of candidacy, to declare nuisance candidate or to disqualify a candidate, and to postpone or
suspend elections shall become final and executory after the lapse of five (5) days from their
promulgation. [Section 3, Rule 37 of the COMELEC Rules of Procedure]

Nature of proceedings: Heard summarily by the COMELEC after due notice and hearing [Sec. 246, BP
881]. This is because canvass and proclamation should be delayed as little as possible.

Note: The period to file an election contest shall be suspended during the pendency of the pre-
proclamation contest in the COMELEC or the Supreme Court. [Sec 248, BP881]

Tan v. Comelec: Sec. 248 contemplates 2 points of reference, that is, pre-and post- proclamation, under
which either of the petitions referred to therein is filed. Before the proclamation, what ought to be filed is a
petition to “suspend” or stop an impending proclamation. After the proclamation, an adverse party should
file a petition to “annul” or undo a proclamation made. Pre-proclamation controversies partake of the
nature of petitions to suspend. The purpose for allowing pre-proclamation controversies, the filing of
which is covered by the Sec. 248 is to nip in the bud the occurrence of what, in election practice, is
referred to as “grab the proclamation and prolong the protest” situation.
In a Section 248 petition to suspend where the 10-day period did not start to run at all, the filing of a
Section 250 election contest after the tenth day from proclamation is not late. On the other hand, in a
Section 248 petition to annul, the party seeking annulment must file the petition before the expiration of
the 10-day period.

Dagloc v. Comelec: Not all actions seeking the annulment of proclamation suspend the running of the
period for filing an election protest or a petition for quo warranto. For it is not the relief prayed for which
distinguishes actions under Sec. 248, OEC from an election protest or quo warranto proceedings, but the
grounds on which they are based.

Despite the pendency of a pre-proclamation contest, the Comelec may, motu proprio or upon the filing of
a verified petition and after due notice and hearing, order the proclamation of other winning candidates
whose election will not be affected by the outcome of the controversy. [Sec. 247, BP881]

Lastly, all pre-proclamation cases pending before the Commission shall be deemed terminated at the
beginning of the term of the office involved and the rulings of the boards of canvassers concerned shall
be deemed affirmed, without prejudice to the filing of a regular election protest by the aggrieved party.
However, proceedings may continue when on the basis of the evidence thus far presented, the
Commission determined that the petition appears meritorious and accordingly issues an order for the
proceeding to continue or when an appropriate order has been issued by the Supreme Court in a petition
for certiorari. [Sec. 16, RA 7166]

Effect of proclamation of winning candidate

GR: A pre-proclamation controversy shall no longer be viable after the proclamation and assumption into
office by the candidate whose election is contested. The remedy is an election protest before the proper
forum.
EXC: The prevailing candidate may still be unseated even though he has been proclaimed and installed
in office if:
(1) The opponent is adjudged the true winner of the election by final judgment of court in an
election contest;
(2) The prevailing party is declared ineligible or disqualified by final judgment of a court in a quo
warranto case; or
(3) The incumbent is removed from office for cause.
(4) When the proclamation is null and void, since the proclamation is no proclamation at all and
the proclaimed candidate's assumption of office cannot deprive the COMELEC of the power to
declare such nullity and annul the proclamation

ELECTION PROTEST

DEFINED:
A contest between the defeated and winning candidates on the ground of frauds or irregularities in the
casting and counting of the ballots, or in the preparation of the returns. It raises the question of who
actually obtained the plurality of the legal votes and therefore is entitled to hold the office. [Samad v.
COMELEC (1993)]

GENERAL RULE:
[Note: This applies to election protest and quo warranto] The filing of an election protest or a petition for
quo warranto precludes the subsequent filing of a pre-proclamation controversy, or amounts to the
abandonment of one earlier filed, thus depriving the COMELEC of the authority to inquire into and pass
upon the title of the protestee or the validity of his proclamation. The reason is that once the competent
tribunal has acquired jurisdiction of an election protest or a petition for quo warranto, all questions relative
thereto will have to be decided in the case itself and not in another proceeding. This procedure will
prevent confusion and conflict of authority. Conformably, the Court has ruled in a number of cases that
after a proclamation has been made, a pre-proclamation case before the COMELEC is no longer viable.
[Samad v. COMELEC (1993)]
EXCEPTIONS:
a. The board of canvassers was improperly constituted;
b. Quo warranto was not the proper remedy;
c. What was filed was not really a petition for quo warranto or an election protest but a petition to annul
a proclamation;
d. The filing of a quo warranto petition or an election protest was expressly made without prejudice to
the pre- proclamation controversy or was made ad cautelam; and
e. The proclamation was null and void. [Samad v. COMELEC, (1993)]

NATURE:
Summary proceeding of a political character.

PURPOSE:
To ascertain the candidate lawfully elected to office.

WHO MAY FILE:

A candidate who has duly filed a certificate of candidacy and has been voted for.

FILING PERIOD:
Within 10 days after the proclamation of the results of the election. It is suspended during the pendency
of a pre-proclamation controversy It should be decided within 15 days from filing in case of barangay
officials.

JURISDICTION:
a. COMELEC: Over all contests relating to the elections, returns and qualifications of all elective
regional, provincial and city officials [Sec. 250. BP 881]
b. RTC: Over contests involving municipal officials [Sec. 251. BP 881]
c. MTC: Over election contests involving barangay officials [Sec. 252. BP 881]

GROUNDS:
a. Fraud;
b. Terrorism;
c. Irregularities;
d. Illegal acts committed before, during, or
e. after the casting and counting of votes.

DOCKET FEE:
A protestant has to pay a docket fee of P300 and an additional docket fee if there is a claim for damages.
Failure to pay the basic docket fee shall result to the dismissal of the protest [Soller v. COMELEC (2000)].

EFFECT OF FILING PETITION TO ANNUL OR TO SUSPEND THE PROCLAMATION:

The filing with the Commission of a petition to annul or to suspend the proclamation of any candidate
shall suspend the running of the period within which to file an election protest or quo warranto
proceedings. [Sec. 248, BP 881]

Sampayan v. Daza: HRET has jurisdiction when a petition seeks to unseat a Congressman for the
duration of his term of office. Under S17 of Article VI of the 1987 Constitution, it is the HRET which shall
be the sole judge of all contests relating to the election, returns and qualification of its members. Since
petitioners challenge the qualifications of Congressman Daza, the appropriate remedy should have been
to file a petition to cancel respondent Daza's certificate of candidacy before the election OR quo warranto
case with the HRET within 10 days after Daza's proclamation.

Republic v. Dela Rosa: In Frivaldo v. Commission on Elections, 174 SCRA 245 (1989), we held that a
petition for quo warranto, questioning the respondent’s title and seeking to prevent him from holding office
as Governor for alienage, is not covered by the ten-day period for appeal prescribed in Section 253 of the
Omnibus Election Code. Furthermore, we explained that "qualifications for public office are continuing
requirements and must be possessed not only at the time of appointment or election or assumption of
office but during the officer’s entire tenure; once any of the required qualification is lost, his title may be
seasonably challenged."

Gatchalian v. CA: It is the payment of the filing fee that vests jurisdiction of the court over the election
protest, not the payment of the docket fees for the claim of damages and attorney’s fees. The Court
further held that (1) the filing fee in an election cases is fixed and not dependent on the amount of
damages sought to be recovered, if any; and (2) a claim for damages in an election case is merely
ancillary to the main cause of action and is not even determinative of the court's jurisdiction which is
governed by the nature of the election filed.

Pahilan v. Tabalba: The rules which apply to ordinary civil actions may not necessarily serve the purpose
of election cases, especially if we consider the fact that election laws are to be accorded utmost liberality
in their interpretation and application, bearing in mind always that the will of the people must be upheld.
Ordinary civil actions would generally involve private interests while all elections cases are, at all times,
invested with public interest which cannot be defeated by mere procedural or technical infirmities.

Enojas v. Gacott: The Manchester ruling which states that deliberate non-payment of required or correct
fee means that the court does not acquire jurisdiction over the case, is NOT applicable to election cases
because (1) filing fee in election case is fixed and (2) claim for damages in election cases is merely
ancillary to the main action and NOT determinative of court’s jurisdiction.

Peña v. HRET: The failure to make specific mention of the precincts where widespread election, fraud
and irregularities occured is a fatal omission, as it goes into the very substance of the protest. Under
Section 21 of the Revised Rules of Procedure of HRET, insufficiency in form and substance of the petition
constitutes a ground for the immediate dismissal of the Petition.

Saquilyan v. Comelec: Threshed out an exception to the Pena ruling. The opening of the ballot boxes
will be allowed when the allegations are serious enough to necessitate it.

Soller v. Comelec: COMELEC en banc had no jurisdiction over an interlocutory order of the Trial Court..
It should have referred the matter to a division first. The petition for certiorari assails the TC's order
denying the MTD Saulong's election protest. The questioned order of the trial court is interlocutory
because it does not end the trial court's task of adjudicating the parties' contentions and determining their
rights and liabilities as regards each other.

Arroyo v. HRET: After the expiration of the period for filing of the protest, counter-protest or petition for
quo warranto, substantial amendments which broaden the scope of the action or introduce an additional
cause of action shall not be allowed.

From his initial prayer for revision which lays primary, if not exclusive emphasis on the physical recount
and appreciation of ballots alone, private respondent's belated attempt to inject this theory at the
memorandum stage calls for presentation of evidence (consisting of thousands of documents) aside from,
or other than, the ballots themselves. By having done so, private respondent in fact intended to
completely abandon the process and results of the revision and thereafter sought to rely on his brainchild
process he fondly coined as "precinct-level document-based evidence."

Legarda v. De Castro: Where a protestant enumerated all the provinces, municipalities and cities where
she questions all the results in all the precincts therein, the protest is sufficient in form and substantively,
serious enough on its face to pose a challenge to protestee’s title to his office. Such protest consists of
alleged ultimate facts, not mere conclusions of law, that need to be proven in due time.

Idulza v. Comelec: COMELEC did not commit grave abuse of discretion in proclaiming Mortiz and
Bollozos, the former having no participation in the election protest, while the latter having filed her motion
for intervention beyond the period provided by law. Election protests are guided by an extra-ordinary rule
of interpretation that statutes providing for election contests are to be liberally construed to the end that
the will of the people in the choice of public officers may not be defeated by mere technical objections.

It would have been explicitly anomalous had Bollozos not been seated in the City Council, considering
that her uncontested vote total had exceeded that of Asuncion, the ninth (9th) placer according to the
Second Division. The people of Gingoog City had chosen Bollozos to serve as their councilor, and it was
but proper for the COMELEC to recognize that electoral will and accordingly amend the Second Division’s
Resolution.

ROC provides that a motion to intervene be filed at any time before rendition of judgment of the trial court.
However, the suppletory role of the ROC in this case must be dispensed with if its application would
frustrate the electoral will.

Election Offenses

Jurisdiction over election offenses:

Investigation and Prosecution

An examination of the provisions of the Constitution and the Omnibus Election Code reveals the clear
intention to place in the COMELEC exclusive jurisdiction to investigate and prosecute election offenses
committed by any person, whether private individual or public officer or employee, and in the latter
instance, irrespective of whether the offense is committed in relation to his official duties or not.

It is the nature of the offense and not the personality of the offender that matters. As long as the offense
is an election offense, jurisdiction over the same rests exclusively with the COMELEC, in view of its all-
embracing power over the conduct of election.

Trial and Disposition

General Rule: RTC has exclusive and original jurisdiction
Exception: MTC has jurisdiction for failure to register and to vote

Preferential Disposition
General Rule:The courts shall give preference to election cases over all other cases.
Exception: Petitions for writ of habeas corpus.

Criminal and electoral aspects of an election offense:

Criminal aspect – involves the ascertainment of the guilt or innocence of the accused candidate like in
any other criminal case, it usually entails a full-blown hearing and the quantum of proof required to secure
a conviction beyond reasonable doubt.

Electoral aspect – determination of whether the offender shall be disqualified from office. This is done
through an administrative proceeding which is summary in character and requires only a preponderance
of evidence. 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.

1. Registration
○ Prohibitions relating to registration of voters [OEC Sec. 261 (y)]:
a) Having all the qualifications and none of the disqualifications of a voter who
fails without justifiable excuse to register as voter in an election, plebiscite or
referendum in which he is qualified to vote;

NB: However, the provisions of the Omnibus Election penalizing failure to

register and failure to vote [Sec. 261, paragraph (y), subparagraph (1) and
paragraph (z), subparagraph (1), respectively] were expressly repealed by
Section 17 of Executive Order No. 134 promulgated on 27 February 1987 by
then President Corazon C. Aquino.

b) Knowingly makes any false or untruthful statement relative to any of the

data or information required in the application for registration;
c) Deliberately imprints or who causes the imprinting of blurred or indistinct
fingerprints on any of the copies of the application for registration or on the
voter‘s affidavit; or any person in charge of the registration of voters who
deliberately or through negligence, causes or allows the imprinting of blurred
or indistinct fingerprints on any of the aforementioned registration forms, or
any person who tampers with the fingerprints of said registration records;
d) Being a registered voter, registers anew without filing an application for
cancellation of his previous registration;
e) Registers in substitution for another, whether with or without the latter‘s
knowledge or consent;
f) Tampers with or changes without authority any data or entry in any voter‘s
application for registration;
g) Delays, Hinders or Obstructs another from registering;
h) Falsely certifies or identifies another as a bona fide resident of a particular
place or locality for the purpose of securing the latter‘s registration as a voter;
i) Uses the voter‘s affidavit of another for the purpose of voting, whether or
not he actually succeeds in voting;
j) Places, inserts or otherwise includes as approved application for
registration in the book of voters or in the provincial or national central files of
registered voters, the application of any fictitious voter or any application that
has not been approved; or removes from, or otherwise takes out of the book
of voters or the provincial or national central files of registered voters any
duly approved voter‘s application EXCEPT upon unlawful order of the
COMELEC, or of a competent court or after proper cancellation;
k) Transfers or causes the transfer of the registration record of a voter to the
book of voters of another polling place, unless said transfer was due to a
 change of address of the voter and the voter was duly notified of his new
polling place;
l) Asks, demands, takes accepts or possesses, directly or indirectly, the
voter‘s affidavit of another, in order to induce the latter to withhold his vote, or
to vote for or against any candidate in an election or any issue in a plebiscite
or referendum. It shall be presumed prima facie that the asking, demanding,
taking, accepting or possessing is with such intent if done within the period
beginning 10 days before the election day and ending 10 days after the
election day, UNLESS the voter‘s affidavit of another and the latter are both
members of the same family.
m) Delivers, hands over, entrusts, gives, directly or indirectly, his voter‘s
affidavit to another in consideration of money or other benefit or promises
thereof, or takes or accepts such voter‘s affidavit, directly or indirectly, by
giving or causing the giving of money or other benefit or making or causing
the making of a promise thereof;
n) Alters in any manner, tears, defaces, removes or destroys any certified list
of voters;
o) Takes, carries or possesses any blank or unused registration form already
issued to a city or municipality outside of said city or municipality EXCEPT as
otherwise provided in the Omnibus Election Code or when directed by
express order of the court or of the COMELEC; and
p) Maliciously omits, tampers or transfer to another list the name of a
registered voter from the official list of voters posted outside the polling place.
○ Any member of the Board of Election Inspectors who approves any application which on
its face shows that the applicant does not possess all the qualifications prescribed by law
for a voter; or who disapproves any application which on its face shows that the applicant
possesses all such qualifications.
○ Failure of the Board of Election Inspectors to post the list of voters in each
precinct [RA 7166, Sec. 9].
■ According to the provision, the board of election inspectors shall post, on the wall
outside the room where the registration was conducted, the list of voters in each
precinct beginning on the first working day after registration day until election
day.
○ Change or alteration or transfer of a voter's precinct assignment in the permanent
list of voters without the express written consent of the voter [RA 8189, Sec. 4]
■ It is forbidden to change, alter, or transfer the voter’s precinct assignment without
his express consent. (Provided that the voter shall not unreasonably withhold
such consent)

1. Certificate of candidacy
○ Continued misrepresentation or holding out as a candidate of a disqualified candidate or
one declared by final and executory judgment to be a nuisance candidate [Sec. 27f, R.A.
6646]
○ Knowingly inducing or abetting such misrepresentation of a disqualified or nuisance
candidate [Sec. 27f, R.A. 6646];
○ Coercing, bribing, threatening, harassing, intimidating, terrorizing, or actually causing,
inflicting or producing violence, injury, punishment, torture, damage, loss or disadvantage
to discourage any other person or persons from filing a certificate of candidacy in order to
 eliminate all other potential candidates from running in a special election [Sec. 5, R.A.
8295]
2. Election campaign
○ Appointment or use of special policemen, special agents or the like during the campaign
period [Sec. 261m, B.P. 881]
■ WHEN? Committed during the campaign period, on the day before and on the
election day;
■ WHO? Committed by:
1. any appointing authority who appoints or any person who utilizes the
services of special policemen, special agents, confidential agents or
persons performing similar functions;
2. persons previously appointed as special policemen, special agents,
confidential agents or persons performing similar functions who continue
acting as such, and those who fail to turn over their firearms, uniforms,
insignias and other badges of authority to the proper officer who issued
the same.
■ At the start of the aforementioned period, the barangay captain, municipal mayor,
city mayor, provincial governor or any appointing authority shall submit to the
COMELEC a complete list of all special policemen, special agents or persons
performing similar functions in the employ of their respective political
subdivisions, with such particulars as the Commission may require.
○ Use of armored land, water or aircraft during the campaign period [Sec. 26dd1r, B.P. 881]
■ Requisites:
1. Committed by any person
2. During the campaign period, on the day before and on election day
3. Uses any armored land, water, or aircraft;
■ Provided with any temporary or permanent equipment or any
other device or contraption for the mounting or installation of
canons, machine guns and other similar high caliber firearms,
including military – type tanks, half trucks, scout trucks, armored
trucks, of any make or model, whether new, reconditioned,
rebuilt or remodeled.
■ Banking or financial institutions and all business firms may use not more than 2
armored vehicles strictly for, and limited to, the purpose of transporting cash,
gold bullion, or other valuables in connection with their business from and to their
place of business, upon previous authority of the COMELEC.
○ Unlawful electioneering [Sec. 261k, B.P. 881]
■ It is unlawful to solicit votes or undertake any propaganda
■ On the day of the registration before the board of election inspectors and on the
day of the election;
■ For or against any candidate or any political party within the polling place and
within a radius of 30 meters thereof.
○ Acting as bodyguards or security in the case of policemen and provincial guards during
the campaign period [Sec. 261t, B.P. 881]
■ WHEN? During the campaign period, on the day before and on election day;
■ WHO? It is committed by:
1. Any member of the PNP, the AFP, special forces, home defense forces,
barangay self-defense units, and any other para-military units that now
exist or which hereafter be organized
 2. Who acts as bodyguard or security guard of any public official, candidate
or any other person, any of the latter who utilizes the services of the
former as bodyguard or security guard.
■ After due notice and hearing, when the life and security of a candidate is in
jeopardy, the COMELEC is empowered to assign at the candidate‘s choice, any
member of the PNP to act as his bodyguard or security guard in a number to be
determined by the Commission but not to exceed three per candidate.
■ When the circumstances require immediate action, the Commission may issue a
temporary order allowing the assignment of any member of the PNP to act as
bodyguard or security guard of the candidate subject to confirmation or
revocation.

VOTING
· Vote-buying and vote-selling [Sec. 261a, B.P. 881] p. 887
1. Who are liable?
(1) Any person who gives, offers or promises money or anything of value, gives
or promises any office or employment, franchise or grant, public or private, or
makes or offers to make an expenditure, directly or indirectly, or cause an
expenditure to be made to any person, association, corporation, entity, or
community in order to induce anyone or the public in general to vote for or
against any candidate or withhold his vote in the election, or to vote for or against
any aspirant for the nomination or choice of a candidate in a convention or similar
selection process of a political party.

(2) Any person, association, corporation, group or community who solicits or

receives, directly or indirectly, any expenditure or promise of any office or
employment, public or private, for any of the foregoing considerations.

Covered acts:
1.Give, offer or promise money or anything of value
2. Making or offer to make any expenditure, directly or indirectly, or cause an
expenditure to be made to any person, association, corporation, entity or
community
3.Soliciting or receiving, directly or indirectly, any expenditure or promise of any
office or employment, public or private

2. Section 28 or RA 6646. Prosecution of Vote-buying and Vote-selling. - The

presentation of a complaint for violations of paragraph (a) or (b) of Section
261 of Batas Pambansa Blg. 881 supported by affidavits of complaining
witnesses attesting to the offer or promise by or of the voter's acceptance of
money or other consideration from the relatives, leaders or sympathizers of a
candidate, shall be sufficient basis for an investigation to be immediately
conducted by the Commission, directly or through its duly authorized legal
officers, under Section 68 or Section 265 of said Batas Pambansa Blg. 881.
Proof that at least one voter in different precincts representing at least twenty
percent (20%) of the total precincts in any municipality, city or province has been
offered, promised or given money, valuable consideration or other expenditure by
a candidate's relatives, leaders and/or sympathizers for the purpose of promoting
the election of such candidate, shall constitute a disputable presumption of a
conspiracy under paragraph (b) of Section 261 of Batas Pambansa Blg. 881.

Where such proof affect at least twenty percent (20%) of the precincts of the
municipality, city or province to which the public office aspired by the favored
candidate relates, the same shall constitute a disputable presumption of the
involvement of such candidate and of his principal campaign managers in each
of the municipalities concerned, in the conspiracy.

The giver, offerer, and promisor as well as the solicitor, acceptor, recipient and
conspirator referred to in paragraphs (a) and (b) of Section 261 of Batas
Pambansa Blg. 881 shall be liable as principals: Provided, That any persons,
otherwise guilty under said paragraphs who voluntarily gives information and
willingly testifies on any violation thereof in any official investigation or
proceeding shall be exempt from prosecution and punishment for the offenses
with reference to which his information and testimony were given: Provided,
further, That nothing herein shall exempt such person from criminal prosecution
for perjury or false testimony.

Notes:
1. Presentation of a complaint supported by affidavits of complaining witnesses
attesting to the offer or promise by or the voters acceptance of money or other
consideration from the relatives, leaders or sympathizers of a candidate is
sufficient basis for an investigation by the COMELEC, directly or through its duly
authorized legal officers.

2. Disputable presumption of conspiracy:

Proof that at least one voter in different precincts representing at least 20% of the
total precincts in any municipality, city or province has been offered, promised or
given money, valuable consideration or other expenditure by a candidate
relatives, leaders and/or sympathizsrs for the purpose of promoting the election
of such candidate.

3. Disputable presumption of involvement

Proof affects at least 20% of the precincts of the municipality, city or province to
which the public office aspired for by the favored candidate relates. This will
constitute a disputable presumption of the involvement of such candidate and of
his principal campaign managers in each of the municipalities concerned in the
conspiracy

3. Grant of transactional immunity

 1. Section 28 of RA 6646 (Electoral Reform Law of 1987) governs the
prosecution of the crime of vote-buying and vote-selling. Under the
last paragraph of Section 28, any person guilty who voluntarily gives
information and willingly testifies on violations of Section 261 of the
OEC shall be exempt from prosecution and punishment for the
offense with reference to which the information and testimony were
given, without prejudice to his liability for perjury and false testimony

· Conspiracy to bribe voters [Sec. 261b, B.P. 881]:

1. A disputable presumption of a conspiracy to bribe voters is created when
there is proof that at least 1 voter in different precincts representing at least
20% of the total precincts in any municipality, city or province has been
offered, promised or given money, valuable consideration or other
expenditure by a candidate's relatives, leaders and/or sympathizers for the
purpose of promoting the election of such candidate. [Sec. 28, R.A. 6646]

2. It is committed by two or more persons, whether candidates or not, who

come to an agreement concerning the vote-buying and vote-selling and
decide to commit it.

3. Section 28 of RA 6646. Prosecution of Vote-buying and Vote-selling. - The

presentation of a complaint for violations of paragraph (a) or (b) of Section
261 of Batas Pambansa Blg. 881 supported by affidavits of complaining
witnesses attesting to the offer or promise by or of the voter's acceptance of
money or other consideration from the relatives, leaders or sympathizers of a
candidate, shall be sufficient basis for an investigation to be immediately
conducted by the Commission, directly or through its duly authorized legal
officers, under Section 68 or Section 265 of said Batas Pambansa Blg. 881.
Proof that at least one voter in different precincts representing at least twenty
percent (20%) of the total precincts in any municipality, city or province has been
offered, promised or given money, valuable consideration or other expenditure by
a candidate's relatives, leaders and/or sympathizers for the purpose of promoting
the election of such candidate, shall constitute a disputable presumption of a
conspiracy under paragraph (b) of Section 261 of Batas Pambansa Blg. 881.
Where such proof affect at least twenty percent (20%) of the precincts of the
municipality, city or province to which the public office aspired by the favored
candidate relates, the same shall constitute a disputable presumption of the
involvement of such candidate and of his principal campaign managers in each
of the municipalities concerned, in the conspiracy.
The giver, offerer, and promisor as well as the solicitor, acceptor, recipient and
conspirator referred to in paragraphs (a) and (b) of Section 261 of Batas
Pambansa Blg. 881 shall be liable as principals: Provided, That any persons,
otherwise guilty under said paragraphs who voluntarily gives information and
willingly testifies on any violation thereof in any official investigation or
proceeding shall be exempt from prosecution and punishment for the offenses
with reference to which his information and testimony were given: Provided,
further, That nothing herein shall exempt such person from criminal prosecution
for perjury or false testimony.
 Notes:
1. Presentation of a complaint supported by affidavits of complaining witnesses
attesting to the offer or promise by or the voters acceptance of money or other
consideration from the relatives, leaders or sympathizers of a candidate is
sufficient basis for an investigation by the COMELEC, directly or through its duly
authorized legal officers.

2. Disputable presumption of conspiracy:

Proof that at least one voter in different precincts representing at least 20% of the
total precincts in any municipality, city or province has been offered, promised or
given money, valuable consideration or other expenditure by a candidate
relatives, leaders and/or sympathizsrs for the purpose of promoting the election
of such candidate.

3. Disputable presumption of involvement

Proof affects at least 20% of the precincts of the municipality, city or province to
which the public office aspired for by the favored candidate relates. This will
constitute a disputable presumption of the involvement of such candidate and of
his principal campaign managers in each of the municipalities concerned in the
conspiracy

· Coercion of subordinates to vote for or against any candidate [Sec. 261d, B.P. 881]

p. 889
1. It is committed by:
1. (1) Any public officer, or any officer of any public or private
corporation or association, or any head, superior, or administrator of
any religious organization, or any employer or land-owner who
coerces or intimidates or compels, or in any manner influence,
directly or indirectly, any of his subordinates or members or
parishioners or employees or house helpers, tenants, overseers,
farm helpers, tillers, or lease holders to aid, campaign or vote for or
against any candidate or any aspirant for the nomination or selection
of candidates.
2. (2) Any public officer or any officer of any commercial, industrial,
agricultural, economic or social enterprise or public or private
corporation or association, or any head, superior or administrator of
any religious organization, or any employer or landowner who
dismisses or threatens to dismiss, punishes or threatens to punish
be reducing his salary, wage or compensation, or by demotion,
transfer, suspension, separation, excommunication, ejectment, or
causing him annoyance in the performance of his job or in his
membership, any subordinate member or affiliate, parishioner,
employee or house helper, tenant, overseer, farm helper, tiller, or
lease holder, for disobeying or not complying with any of the acts
ordered by the former to aid, campaign or vote for or against any
 candidate, or any aspirant for the nomination or selection of
candidates.
Notes:
Who can be held liable:
1. public officer
2. officer of a public/private corporation/association
3. heads/superior/administrator of any religious org.
4. employer/landowner

Prohibited acts

- Coercing, intimidating or compelling or influencing, in any manner, any

subordinates, members, parishioners or employees or house helpers,
tenants, overseers, farm helpers, tillers or lease holders to aid, campaign
or vote for or against a candidate or aspirant for the nomination or
selection of candidates.
- Dismissing or threatening to dismiss, punishing or threatening to
punish by reducing salary, wage or compensation or by demotion,
transfer, suspension etc.

· Dismissal of employees, laborers, or tenants for refusing or failing to vote for any
candidate [Sec. 261d(2), B.P. 881]
1. No employee or laborer shall be dismissed, nor a tenant be ejected from
his landholdings for refusing or failing to vote for any candidate of his
employer or landowner. Any employee, laborer or tenant so dismissed or
ejected shall be reinstated and the salary or wage of the employee or
laborer, or the share of the harvest of the tenant, shall be restored to the
aggrieved party upon application to the proper court.

· Being a flying voter [Sec. 261z (2), B.P. 881]

1. Any person who votes more than once in the same election, or who, not
being a registered voter, votes in an election.

Prohibitions relating to voting:

3. They are violated by: BP 881, Sec. 261(z)
(z) On voting:
(1) Any person who fails to cast his vote without justifiable excuse.
(2) Any person who votes more than once in the same election, or who, not being a registered
voter, votes in an election.
(3) Any person who votes in substitution for another whether with or without the latter's
knowledge and/or consent.
(4) Any person who, not being illiterate or physically disabled, allows his ballot to be prepared
by another, or any person who prepares the ballot of another who is not illiterate or
physically disabled, with or without the latter's knowledge and/or consent.
(5) Any person who avails himself of any means of scheme to discover the contents of the
ballot of a voter who is preparing or casting his vote or who has just voted.
(6) Any voter who, in the course of voting, uses a ballot other than the one given by the board
of election inspectors or has in his possession more than one official ballot.
(7) Any person who places under arrest or detains a voter without lawful cause, or molests him
in such a manner as to obstruct or prevent him from going to the polling place to cast his
vote or from returning home after casting his vote, or to compel him to reveal how he
voted.
(8) Any member of the board of election inspectors charged with the duty of reading the ballot
during the counting of votes who deliberately omits to read the vote duly written on the
ballot, or misreads the vote actually written thereon or reads the name of a candidate
where no name is written on the ballot.
(9) Any member of the board of election inspectors charged with the duty of tallying

the votes in the tally board or sheet, election returns or other prescribed form who deliberately
fails to record a vote therein or records erroneously the votes as read, or records a vote
where no such vote has been read by the chairman.
(10) Any member of a board of election inspectors who has made possible the casting of more
votes than there are registered voters.
(11) Any person who, for the purpose of disrupting or obstructing the election process or
causing confusion among the voters, propagates false and alarming reports or information
or transmits or circulates false orders, directives or messages regarding any matter
relating to the printing of official ballots, the postponement of the election, the transfer of
polling place or the general conduct of the election.
(12) Any person who, without legal authority, destroys, substitutes or takes away from the
possession of those having legal custody thereof, or from the place where they are legally
deposited, any election form or document or ballot box which contains official ballots or
other documents used in the election.
(13) Any person having legal custody of the ballot box containing the official ballots used in the
election who opens or destroys said box or removes or destroys its contents without or
against the order of the Commission or who, through his negligence, enables any person
to commit any of the aforementioned acts, or takes away said ballot box from his custody.
(14) Any member of the board of election inspectors who knowingly uses ballots other than
the official ballots, except in those cases where the use of emergency ballots is
authorized.
(15) Any public official who neglects or fails to properly preserve or account for any ballot box,
documents and forms received by him and kept under his custody.
(16) Any person who reveals the contents of the ballot of an illiterate or disabled voter whom
he assisted in preparing a ballot.
(17) Any person who, without authority, transfers the location of a polling place.
(18) Any person who, without authority, prints or causes the printing of any ballot or election
returns that appears as official ballots or election returns or who distributes or causes the
same to be distributed for use in the election, whether or not they are actually used.
(19) Any person who, without authority, keeps, uses or carries out or causes to be kept, used
or carried out, any official ballot or election returns or printed proof thereof, type-form
mould, electro-type printing plates and any other plate, numbering machines and other
printing paraphernalia being used in connection with the printing of official ballots or
election returns.
(20) Any official or employee of any printing establishment or of the Commission or any
member of the committee in charge of the printing of official ballots or election returns who
causes official ballots or election returns to be printed in quantities exceeding those
authorized by the Commission or who distributes, delivers, or in any manner disposes of
or causes to be distributed, delivered, or disposed of, any official ballot or election returns
 to any person or persons not authorized by law or by the Commission to receive or keep
official ballots or election returns or who sends or causes them to be sent to any place not
designated by law or by the Commission.
(21) Any person who, through any act, means or device, violates the integrity of any official
ballot or election returns before or after they are used in the election.
(22) Any person who removes, tears, defaces or destroys any certified list of candidates
posted inside the voting booths during the hours of voting.
(23) Any person who holds or causes the holding of an election on any other day than that
fixed by law or by the Commission, or stops any election being legally held.
(24) Any person who deliberately blurs his fingerprint in the voting record.

COUNTING OF VOTES
· Tampering, increasing, decreasing votes, or refusal to correct tampered votes after
proper verification and hearing by any member of the board of election inspectors
[Sec. 27b, R.A. 6646]
1. Electoral sabotage “any person or member of the Board of Election
Inspectors or Board of Canvassers who tampers, increases, or decreases
the votes received by a candidate in any election or any member of the
board, who refuses, after proper verification and hearing, to credit the correct
votes or deduct such tampered votes

· A special election offense to be known as electoral sabotage and the penalty to
be
imposed shall be life imprisonment. [Sec. 42, RA 9369]

· Refusal to issue to duly accredited watchers the certificate of votes cast and the
announcement of the election, by any member of the board of election inspectors
[Sec. 27c, R.A. 6646]
1. Any member of the Board of Election Inspectors who refuses to issue to
duly accredited watchers the certificate of votes after the counting of the
votes cast and announcement of the results of the election

CANVASSING
· Any chairperson of the board of canvassers who fails to give notice of meeting to
other members of the board, candidate or political party as required [Sec. 27e, R.A.
6646]
1. Election offense or a special election offense to be known as electoral
sabotage

Prohibitions relating to canvassing:

They are violated by BP 881, sec 261(aa)

(aa) On Canvassing:

(1) Any chairman of the board of canvassers who fails to give due notice of the date, time
and place of the meeting of said board to the candidates, political parties and/or
members of the board.
 (2) Any member of the board of canvassers who proceeds with the canvass of the votes
and/or proclamation of any candidate which was suspended or annulled by the
Commission.

(3) Any member of the board of canvassers who proceeds with the canvass of votes
and/or proclamation of any candidate in the absence of quorum, or without giving due
notice of the date, time and place of the meeting of the board to the candidates, political
parties, and/or other members of the board.

(4) Any member of the board of canvassers who, without authority of the Commission,
uses in the canvass of votes and/or proclamation of any candidate any document other
than the official copy of the election returns.

MARIA
1. Acts of government or public officers
· Appointment of new employees, creation of new positions, promotion, or giving salary
increases within the election period [Sec. 261g, B.P. 881]
- Applies only to appointments covered by the Civil Service Law, and not to those
governed by special laws, such as the Local Government Code. Thus, the prohibition
does not apply to the filling up of vacancies in the sanggunian of local government units.
(Ong v. Herrera-Martinez)

· Transfer of officers and employees in the civil service within the election period without the
prior approval of the COMELEC [Sec. 261h, B.P. 881]
- Elements: (1) the fact of transfer or detail of a public officer or employee within the
election period as fixed by the COMELEC, and (2) the transfer or detail was effected
without prior approval of the COMELEC in accordance with its IRR. (Regalado v. CA)
- Covers any movement of personnel from one station to another, whether or not in the
same office or agency, during the election
- Purpose: To prevent personnel movement for electioneering purposes or to harass
subordinates who are of different political persuasions.

· Intervening of public officers and employees in the civil service in any partisan political
activity [Sec. 261i, B.P. 881]
- Partisan activity is defined as “an act designed to promote the election or defeat of a
particular candidate or candidates to a public office.” (Section 79, Article X of B.P. Blg.
881)
- This provision implements Section 2(4), Article IX-B of the 1987 Constitution, which
prohibits civil service officers and employees from engaging in any electioneering or
partisan political campaign. (Quinto v. COMELEC)

· Use of public funds for an election campaign [Sec. 261o, B.P. 881]
- “The crime being imputed to them is akin to that committed by public officers as laid
down in the Revised Penal Code. Certainly, petitioners’ acts constitute fraud against the
government; thus, the present case is covered by Section 13 of RA 3019.” (Juan v. People
of the Philippines) C
- As such, the accused may also be subject to preventive suspension.

· Illegal release of prisoners before and after election [Sec. 261n, B.P. 881]
- The person required by law to keep said prisoner in their custody shall be sentenced to
suffer the penalty of prision mayor in its maximum period if the prisoner so illegally
released commit any act of intimidation, terrorism or interference in the election.

· Release, disbursement or expenditure of public funds [Sec. 261v, B.P. 881]

- Elements: (1) a public official or employee releases, disburses, or expends any public
funds; (2) the release, disbursement or expenditure of such funds must be within forty-five
days before regular election; (3) the release, disbursement or expenditure of said public
funds is for any and all kinds of public works; and; (4) the release, disbursement or
expenditure of the public funds should not cover any exceptions of Section 261 (v).
(Guzman v. COMELEC)
- Public works is properly construed to refer to any building or structure on land or to
structures (such as roads or dams) built by the Government for public use and paid for by
public funds. Public works are clearly works, whether of construction or adaptation
undertaken and carried out by the national, state, or municipal authorities, designed to
subserve some purpose of public necessity, use or convenience, such as public buildings,
roads, aqueducts, parks, etc.; or, in other words, all fixed works constructed for public use.
(Guzman v. COMELEC)

· Construction of public works, delivery of materials for public works and issuance of
treasury warrants and similar devices [Sec. 261w, B.P. 881]
- Violated in either of two ways: (a) by any person who, within 45 days preceding a regular
election and 30 days before a special election, undertakes the construction of any public
works except those enumerated in the preceding paragraph; or (b) by any person who
issues, uses or avails of treasury warrants or any device undertaking future delivery of
money, goods or other things of value chargeable against public funds within 45 days
preceding a regular election and 30 days before a special election. (Guzman v.
COMELEC)

· Suspension of elective local officials during the election period without prior approval of the
COMELEC [Sec. 261x, B.P. 881]
- Exception: Said suspension will be for the purposes of applying RA 3019 in relation to
the suspension and removal of elective officials

2. Coercion, intimidation, violence

· Coercion of election officials and employees [Sec. 261f, B.P. 881]
- Elements: (1) Any person terrorizes or coerces an election official or employee; (2) such
election official or employee must be in the performance of his election functions or duties
-
- In Tolentino v. COMELEC, the Court considered the act of Atty. Facun in threatening an
election officer with the filing of a baseless contempt charge as a violation of Sec. 261 (f).

· Threats, intimidation, terrorism, use of fraudulent devices or other forms of coercion [Sec.
261e, B.P. 881]
- Committed in two ways by any person who:
1. Directly or indirectly, threatens, intimidates or actually causes, inflicts, threatens,
intimidates or actually causes, inflicts or produces any violence, injury, punishment,
damage, loss or disadvantage upon any person or person, or that of the immediate
members of his family, his honor or property; OR
2. Uses any fraudulent device or scheme to compel or induce the registration or refraining
from registration of any voter, or the participation in a campaign or refraining or desistance
from any campaign, or the casting of any vote or omission to vote, or any promise of such
registration, campaign, cote, or omission therefrom.

· Use of undue influence [Sec. 261j, B.P. 881]

- Two acts punished:
1. It is unlawful for any person to promise any office or employment, public or private, or to
make or offer to make an expenditure, directly or indirectly, or to cause an expenditure to
be made to any person, association, corporation or entity, which may induce anyone or
the public in general either to vote or withhold his vote, or to vote for or against any
candidate in any election or any aspirant for the nomination or selection of an official
candidate in a convention of a political party.
2. It is likewise unlawful for any person, association, corporation or community, to solicit or
receive, directly or indirectly, any expenditure or promise or any office, or employment,
public or private, for any of the foregoing considerations.

· Carrying deadly weapons within the prohibited area [Sec. 261p, B.P. 881]
- To support a conviction under this provision, 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.
- It is enough that the accused carried the deadly weapon in the polling place and within a
radius of 100 meters thereof during any of the specified days and hours. (Abenes v. CA)

· Carrying firearms outside residence or place of business [Sec. 261q, B.P. 881]
- Elements: 1) the person is bearing, carrying, or transporting firearms or other deadly
weapons; 2) such possession occurs during the election period; and, 3) the weapon is
carried in a public place.
- Under said provision, it is explicit that even if the accused can prove that he is holding a
valid license to possess such firearm, this circumstance by itself cannot exculpate him
from criminal liability. The burden is on the accused to show that he has a written authority
to possess such firearm issued by no less than the COMELEC. (Abenes v. CA)

· Organization or maintenance of reaction forces, strike forces, or similar forces during the
election period [Sec. 261u, B.P. 881]
- Exception: If the head of the reaction force, strike force, or similar force submitted to the
COMELEC a complete list of all members of such force with such particulars as
COMELEC may require.

3. Other offenses
· Wagering upon the results of elections [Sec. 261c, B.P. 881]
- The bet or wager shall be forfeited to the government.
· Wearing of uniforms and bearing arms by any member of security or police organization of
government outside the immediate vicinity of his place of work [Sec. 261s, B.P. 881]
- Exceptions: (1) Pursuit of a person who has committed or is committing a crime in the
premises he is guarding; (2) escorting or providing security for the transport of payrolls,
deposits, or other valuables; (3) or when guarding the residence of private persons or
when guarding private residence, buildings or offices, provided that written approval was
obtained from COMELEC in both instances
 · Sale, furnishing, offering, buying, serving, or taking of intoxicating liquor on the day fixed
by law for the registration of voters in the polling place, or the day before the election or on
election day [Sec. 261dd (1), B.P. 881]
- Exception: Hotels and other establishments duly certified by the Department of Tourism
as tourist-oriented and habitually in the business of catering to foreign tourists may be
exempted by the COMELEC
· Opening booths or stalls within 30 meters of any polling place [Sec, 261dd (2), B.P. 881]
· Holding fairs, cockfights, boxing, horse races, jai-alai or other similar sports on Election
Day [Sec. 261dd (3), B.P. 881]
· Refusal to carry election mail free of charge during the election period [Sec. 261dd (4),
B.P. 881].
- In addition to the prescribed penalty, such refusal constitutes a ground for cancellation or
revocation of certificate of public convenience or franchise.
· Discrimination in the sale of airtime [Sec. 261dd (5), B.P. 881]
- In addition to the prescribed penalty, such refusal constitutes a ground for cancellation or
revocation of the franchise.
· Unauthorized printing of official ballots and election returns with printing establishments
that are not under contract with the COMELEC [Sec. 27a, R.A. 6646]

Penalties
1. For individuals
i. Imprisonment of not less than one (1) year, but not more than six (6)
years, without probation
ii. Disqualification to hold public office
iii. Deprivation of the right of suffrage
2. For a foreigner
i. Imprisonment of not less than one (1) year, but not more than six (6)
years, without probation
ii. Deportation after service of sentence
3. For a political party
Payment of a fine not less than P10,000 after a criminal conviction
4. Persons required by law to keep prisoners in their custody
Prision mayor in its maximum period if the prisoner so illegally released commit any act of
intimidation, terrorism or interference in the election
5. A violation of any provision of B.P. 881, which is not specifically penalized under Sections
261 and 262 thereof is not a criminal election offense… but may be the basis for an
administrative charge against the erring government official. (Malinias v. COMELEC)

Conviction and pardon as affecting eligibility

Basis: Lacuna v. Abes

(1) The necessary pnelaty of temporary absolute disqualification disqualifies the convict from
public office and from the right to vote, such disqualification to last only during the term of
the sentence
(2) The accessory penatly of perpetual special disqualification for exercise of suffrage
deprives the convict of the right to vote or to be elected to or hold public office
 perpetually, as distinguished from temporary special disqualification which lasts during
the term of the sentence
(3) The perpetual or temporary special disqualification for the exercise of the right of suffrage
shall deprive the offender perpetually ord uring the term of the sentence, according to the
nature of said penalty, of the right to vote in any popular election for any public office or to
be elected to such office.
(4) A plenary pardon, granted after the election but before the date fixed by law for assuming
office, has the effect of removing the disqualification prescribed by both the criminal and
electoral laws

Other election offenses under Special Laws

I. Electoral Reforms Law of 1987, RA 6646,
In addition to the prohibited acts and election offenses enumerated in Sections 261
and 262 of Batas Pambansa Blg. 881, as amended, the following shall be guilty of an
election offense:
(a) Any person who causes the printing of official ballots and election returns by any
printing establishment which is not under contract with the Commission on Elections
and any printing establishment which undertakes such unauthorized printing.
(b) Any member of the board of election inspector or board of canvassers who
tampers, increases, or decreases the votes received by a candidate in any election
or any member of the board, who refuses, after proper verification and hearing, to
credit the correct votes or deduct such tampered votes.
(c) Any member of the board of election inspectors who refuses to issue to duly
accredited watchers the certificate of votes provided in Section 16 hereof.
(d) Any person who violates Section 11 hereof regarding prohibited forms of election
propaganda.
(e) Any chairman of the board of canvassers who fails to give notice of meeting to
other members of board, candidate or political party as required under Section 23
hereof.
(f) Any person declared as nuisance candidate as defined under Section 69 of Batas
Pambansa Blg. 881, or is otherwise disqualified, by final and executory judgment,
who continue to misrepresent himself, or holds himself out, as a candidate, such as
by continuing to campaign thereafter, and/or other public officer or private individual,
who knowingly induces or abets such misrepresentation, by commission or omission,
shall be guilty of an election offense and subject to the penalty provided in Section
264 of the same Code. [Section 27]

II. Synchronized National and Local Elections Law (RA 7166),

ANy violation of Section 28, of RA 7166 or its pertinent portion, shall constitute an
election offense and shall be penalized in accordance with BP 881
In addition, the following shall likewise be guilty of an election offense:
(a) Any person who removes the certificate of canvass posted on the wall,
whether within or after the prescribed forty-eight (48) hours of posting, or defaces the
same in any manner;
(b) Any person who simulates an actual certificates of canvass or statement of
votes, or a print or digital copy thereof;
(c) Any person who simulates the certification of a certificate of canvass or
 statement of votes;
(d) The chairman or any member of the board of canvassers who, during the
prescribed period of posting, removes the certificate of canvass or its supporting
statement of votes from the wall on which they have been posted other than for the
purpose of immediately transferring them to a more suitable place;
(e) The chairman or any member of the board of canvassers who signs or
authenticates a print of the certificate of canvass or its supporting statement of votes
outside of the polling place: and
(f) The chairman or any member of the board of canvassers who signs or
authenticates a print which bears an image different from the certificate of canvass or
statement of votes produced after counting and posted on the wall."

III. Voter’s Registration Act of 1996 (RA 8189),

The following shall be considered election offenses:

Section 45. Election Offenses. - The following shall be considered election offenses
under this Act:
a) to deliver, hand over, entrust or give, directly or indirectly, his voter’s identification
card to another in consideration of money or other benefit of promise; or take or
accept such voter’s identification card, directly or indirectly, by giving or causing the
giving or money or other benefit or making or causing the making of a promise
therefore;
b) to fail, without cause, to post or give any of the notices or to make any of the
reports re-acquired under this Act;
c) to issue or cause the issuance of a voter’s identification number or to cancel or
cause the cancellation thereof in violation of the provisions of this Act; or to refuse
the issuance of registered voters their voter’s identification card;
d) to accept an appointment, to assume office and to actually serve as a member of
the Election Registration Board although ineligible thereto, to appoint such ineligible
person knowing him to be ineligible;
e) to interfere with, impede, abscond for purpose of gain or to prevent the installation
or use of computers and devices and the processing, storage, generation, and
transmission of registration data or information;
f) to gain, cause access to use, alter, destroy, or disclose any computer data,
program, system software, network, or any computer-related devices, facilities,
hardware or equipment, whether classified or declassified;
g) failure to provide certified voters and deactivated voters list to candidates and
heads of representatives of political parties upon written request as provided in
Section 30 hereof;
h) failure to include the approved application form for registration of a qualified voter
in the book of voters of a particular precinct or the omission of the name of a duly
registered voter in the certified list of voters of the precinct where he is duly,
registered resulting in his failure to cast his vote during an election, plebiscite,
referendum, initiative and/or recall. The presence of the form or name in the book of
voters or certified list of voters in precincts other than where he is duly registered
shall not be an excuse hereof;
 i) the posting of a list of voters outside or at the door of a precinct on the day of an
election, plebiscite, referendum, initiative and/or recall, and which list is different in
contents from the certified list of voters being used by the Board of Election
Inspectors; and
j) Violation of the provisions of this Act.

Section 46. Penalties. Any person found guilty of any Election offense under this Act
shall be punished with imprisonment of not less than one (1) year but not more than
six (6) years and shall not be subject to probation. In addition, the guilty party shall
be sentenced to suffer disqualification to hold public office and deprivation of the right
of suffrage. If he is a foreigner, he shall be deported after the prison term has been
served. Any political party found guilty shall be sentenced to pay a fine of not less
than One hundred thousand pesos (P100,000) but not more than Five hundred
thousand pesos (P500,000).

IV. Automated Election System Act (RA 8436),

Sec. 29. Election offenses. - In addition to those enumerated in Sections 261 and 262 of
Batas Pambansa Blg. 881, as amended, the following acts shall be penalized as election
offenses, whether or not said acts affect the electoral process or results:

(1) Utilizing without authorization, tampering with, destroying or stealing:

(a) Official ballots, election returns, and certificates of canvass of votes used in the
System; and
(b) Electronic devices or their components, peripherals or supplies used in the
System such as counting machine, memory pack/diskette, memory pack receiver
and computer set;
(2) Interfering with, impeding, absconding for purpose of gain, preventing the installation
or use of computer counting devices and the processing, storage, generation and
transmission of election results, data or information; and
(3) Gaining or causing access to using, altering, destroying or disclosing any computer
data, program, system software, network, or any computer-related devices, facilities,
hardware or equipment, whether classified or declassified.
(4) Refusal of the citizens' arm to present for perusal its copy of election return to the
board of canvassers;
(5) Presentation by the citizens' arm of tampered or spurious election returns;

(6) Refusal or failure to provide the dominant majority and dominant minority parties or
the citizens' arm their copy of election returns; and
(7) The failure to post the voters' list within the specified time, duration and in the
designated location shall constitute an election offense on the part [of] the election officer
concerned.

Penalties:
Any person convicted for violation of this Act, except those convicted of the crime of
electoral sabotage, shall be penalized with imprisonment of eight years and one day to
twelve (12) years without possibility of parole, and perpetual disqualification to hold public
office and deprivation of the right of suffrage. Moreover, the offender shall be perpetually
disqualified to hold any non-elective public office."
V. Absentee Voting Act of 2003 (RA 9189)

No officer or member of the foreign service corps, including those belonging to attached
agencies shall be transferred, promoted, extended, recalled or otherwise moved from his
current post or position one (1) year before and three (3) months after the day of
elections, except upon the approval of the Commission.

Sec. 24. Prohibited Acts. – In addition to the prohibited acts provided by law, it shall be
unlawful:
24.1. For any officer or employee of the Philippine government to influence or attempt to
influence any person covered by this Act to vote, or not to vote, for a particular candidate.
Nothing in this Act shall be deemed to prohibit free discussion regarding politics or
candidates for public office.
24.2. For any person to deprive any person of any right secured in this Act, or to give
false information as to his/her name, address, or period of residence for the purposes of
establishing his/her eligibility or ineligibility to register or vote under this Act; or to
conspire with another person for the purpose of encouraging the giving of false
information in order to establish the eligibility or ineligibility of any individual to register or
vote under this Act; or, to pay, or offer to pay, or to accept payment either for application
to vote in absentia or for voting;
24.3. For any person to tamper with the ballot, the mail containing the ballots for
overseas absentee voters, the election returns, including the destruction, mutilation and
manipulation thereof;
24.4. For any person to steal, destroy, conceal, mutilate or alter any record, document or
paper as required for purposes of this Act;
24.5. For any deputized agent to refuse without justifiable ground, to serve or continue
serving, or to comply with his/her sworn duties after acceptance of his/her appointment;
24.6. For any public officer or employee who shall cause the preparation, printing,
distribution of information material, or post the same in websites without the prior
approval of the Commission;
24.7. For any public officer or employee to cause the transfer, promotion, extension,
recall of any member of the foreign service corps, including members of the attached
agencies, or otherwise cause the movement of any such member from his current post or
position one (1) year before and three (3) months after the day of elections, without
securing the prior approval of the Commission;

24.8. For any person who, after being deputized by the Commission to undertake
activities in connection with the implementation of this Act, shall campaign for or assist, in
whatever manner, candidates in the elections;

24.9. For any person who is not a citizen of the Philippines to participate, by word or
deed, directly or indirectly through qualified organizations/associations, in any manner
and at any stage of the Philippine political process abroad, including participation in the
campaign and elections.

The provision of existing laws to the contrary notwithstanding, and with due regard to the
Principle of Double Criminality, the prohibited acts described in this section are electoral
offenses and punishable in the Philippines.
 The penalties imposed under Section 264 of the Omnibus Election Code, as amended,
shall be imposed on any person found guilty of committing any of the prohibited acts as
defined in this section: Provided, That the penalty of prision mayor in its minimum period
shall be imposed upon any person found guilty of Section 24.3 hereof without the benefit
of the operation of the Indeterminate Sentence Law. If the offender is a public officer or a
candidate, the penalty shall be prision mayor in its maximum period. In addition, the
offender shall be sentenced to suffer perpetual disqualification to hold public office and
deprivation of the right to vote.

Immigrants and permanent residents who do not resume residence in the Philippines as
stipulated in their affidavit under Section 5(d) within three (3) years after approval of
his/her registration under this Act and yet vote in the next elections contrary to the said
section, shall be penalized by imprisonment of not less than one (1) year, and shall be
deemed disqualified as provided in Section 5(c) of this Act. His/her passport shall be
stamped "not allowed to vote".

Computerization of Elections

Hi, Rach and Ton! Check pls:

https://www.comelec.gov.ph/?r=References/RelatedLaws/RulesOfProcedures/res8804 :)

Republic Act 9369

RA 9369 is the act amending RA 8436 which authorized the COMELEC to use an automated election
system in the May 11, 1998 elections. It was approved on January 23, 2007.

The following are the salient points of the law:

1. Section 1 of RA 8436 (Declaration of Policy) is amended by adding a second paragraph: “The

State recognizes the mandate and authority of the Commission to prescribe the adoption and use
of the most suitable technology of demonstrated capability taking into account the situation
prevailing in the area and the funds available for the purpose.”
2. Section 2 of RA 8436 (Definition of Terms) have new terms:
a. Automated election system, hereinafter referred to as AES - a system using appropriate
technology which has been demonstrated in the voting, counting, consolidating, canvassing, and
transmission of election results, and other electoral processes.
b. Electronic transmission - conveying data in electronic form from one location to another
c. Official ballot - where AES is utilized, refers to the paper ballot, whether printed or generated by
the technology applied, that faithfully captures or represents the votes cast by a voter recorded or to be
recorded in electronic form
d. City/municipal/district/provincial certificate of canvass - The electronic certificates of canvass shall
be the official canvass results in the aforementioned jurisdictions
e. Paper-based election system - a type of automated election system that uses paper ballots,
records and counts votes, tabulates, consolidates/canvasses and transmits electronically the results of
the vote count
f. Direct recording electronic election system - a type of automated election system that uses
electronic ballots, records votes by means of a ballot display provided with mechanical or electro-optical
components that can be activated by the voter, processes data by means of a computer program, records
voting data and ballot images, and transmits voting results electronically
g. Counting center - a public place within the city/municipality or in such other places as may be
designated by the Commission where the official ballots cast in various precincts of the city/municipality
shall be counted. Polling places or voting centers may also be designated as counting centers.
h. Continuity plan - a list of contingency measures, and the policies for activation of such, that are
put in place to ensure continuous operation of the AES
i. Disabled voters - a person with impaired capacity to use the AES
j. Source code - human readable instructions that define what the computer equipment will do
k. Station - refers to a polling place, counting center, municipal or provincial canvassing center.
3. Section 3 of RA 8436 used to give all the qualifications of BEI. But now it only says that where AES
shall be adopted, at least one member of the Board of Election Inspectors shall be an information
technology-capable person, who is trained or certified by the DOST to use the AES. Such certification
shall be issued by the DOST, free of charge.
4. Section 4 was deleted and the succeeding sections were renumbered accordingly.
5. Section 5 was amended and became the new Section 4. “Information Technology Support for the
Board of Canvassers. - To implement the AES, each board of canvassers shall be assisted by an
information technology-capable person authorized to operate the equipment adopted for the elections.
The Commission shall deputize information technology personnel from among the agencies and
instrumentalities of the government, including government-owned and controlled corporations. The per
diem of the deputized personnel shall be the same as that of the members of the board of canvassers.”
6. Section 5 was amended. “Authority to Use an Automated Election System. - To carry out the above-
stated policy, the Commission on Elections, herein referred to as the Commission, is hereby authorized to
use an automated election system or systems in the same election in different provinces, whether paper-
based or a direct recording electronic election system as it may deem appropriate and practical for the
process of voting, counting of votes and canvassing/consolidation and transmittal of results of electoral
exercises: Provided, That for the regular national and local elections, which shall be held immediately
after effectivity of this Act, the AES shall be used in at least two highly urbanized cities and two provinces
each in Luzon, Visayas and Mindanao, to be chosen by the Commission: Provided, further, That local
government units whose officials have been the subject of administrative charges within sixteen (16)
months prior to the May 14, 2007 elections shall not be chosen: Provided finally, That no area shall be
chosen without the consent of the Sanggunian of the local government unit concerned. The term local
government unit as used in this provision shall refer to a highly urbanized city or province. In succeeding
regular national or local elections, the AES shall be implemented nationwide.”

7. Section 6 provides the minimum functional capabilities for the AES. It provided an almost entirely new
list compared to RA 8436.

(a) Adequate security against unauthorized access;

(b) Accuracy in recording and reading of votes as well as in the tabulation, consolidation/canvassing,
electronic transmission, and storage of results;

(c) Error recovery in case of non-catastrophic failure of device;

(d) System integrity which ensures physical stability and functioning of the vote recording and counting
process;

(e) Provision for voter verified paper audit trail;

(f) System auditability which provides supporting documentation for verifying the correctness of reported
election results;

(g) An election management system for preparing ballots and programs for use in the casting and
counting of votes and to consolidate, report and display election results in the shortest time possible;

(h) Accessibility to illiterates and disabled voters;

(i) Vote tabulating program for election, referendum or plebiscite;

(j) Accurate ballot counters;

(k) Data retention provision;

(l) Provide for the safekeeping, storing and archiving of physical or paper resource used in the election
process;

(m) Utilize or generate official ballots as herein defined;

(n) Provide the voter a system of verification to find out whether or not the machine has registered his
choice; and

(o) Configure access control for sensitive system data and functions.

"In the procurement of this system, the Commission shall develop and adopt an evaluation system to
ascertain that the above minimum system capabilities are met. This evaluation system shall be developed
with the assistance of an advisory council.
8. Section 7 now says that all electronic transmissions by and among the AES and its related
components shall utilize secure communication channels as recommended by the Advisory Council, to
ensure authentication and integrity of transmissions.
9. Section 8 now says that the Commission shall create an Advisory Council, hereafter referred to as the
Council, which shall be convened not later than eighteen (18) months prior to the next scheduled electoral
exercise, and deactivated six months after completion of canvassing. The Council shall be composed of
the following members, who must be registered Filipino voters, of known independence, competence and
probity.
(a) The Chairman of the Commission on Information and Communications Technology (CICT) who shall
act as the chairman of the Council;

(b) One member from the Department of Science and Technology;

(c) One member from the Department of Education;

(d) One member representing the academe, to be selected by the chair of the Advisory Council from
among the list of nominees submitted by the country's academic institutions;

(e) Three members representing ICT professional organizations to be selected by the chair of the
Advisory Council from among the list of nominees submitted by Philippine-based ICT professional
organizations. Nominees shall be individuals, at least one of whom shall be experienced in managing or
implementing large-scale IT projects.

(f) Two members representing non-governmental electoral reform organizations, to be selected by the
chair of the Advisory Council from among the list of nominees submitted by the country's non-
governmental electoral reform organizations.

A person who is affiliated with any political party or candidate for any national position, or is related to a
candidate for any national position by affinity or consanguinity within the fourth civil degree, shall not be
eligible for appointment or designation to the Advisory Council. Should any such situation arise at any
time during the incumbency of a member, the designation or appointment of that member shall ipso facto
be terminated.

Any member of the Advisory Council is prohibited from engaging, directly or indirectly, with any entity that
advocates, markets, imports, produces or in any manner handles software, hardware or any equipment
that may be used for election purposes for personal gain.

Any violation of the two immediately preceding paragraphs shall disqualify said member from the
Advisory Council and shall be punishable as provided in this Act and shall be penalized in accordance
with the Anti-Graft and Corrupt Practices Act and other related laws.

The council may avail itself of the expertise and services of resource persons who are of known
independence, competence and probity, are nonpartisan, and do not possess any of the disqualifications
applicable to a member of the Advisory Council as provided herein. The resource persons shall also be
subject to the same prohibitions and penalties as the members of the Advisory Council.

The Commission on Information and Communications Technology (CICT) shall include in its annual
appropriation the funds necessary to enable the Council to effectively perform its functions.

10. Section 9 provides the functions of the Council:

1. Recommend the most appropriate, secure, applicable and cost-effective technology to be applied
in the AES, in whole or in part, at that specific point in time.
 2. Participate as nonvoting members of the Bids and Awards Committee in the conduct of the
bidding process for the AES. Members of the Advisory Council representing the ICT professional
organizations are hereby excluded from participating in any manner in the Bids and Awards
Committee.
3. Participate as nonvoting members of the steering committee tasked with the implementation of
the AES. Members of the Advisory Council representing the ICT professional organizations are
hereby excluded from participating in any manner in the steering committee.
4. Provide advice and assistance in the review of the systems planning, inception, development,
testing, operationalization, and evaluation stages.
5. Provide advice and/or assistance in the identification, assessment and resolution of systems
problems or inadequacies as may surface or resurface in the course of the bidding, acquisition,
testing, operationalization, re-use, storage or disposition of the AES equipment and/or resources
as the case may be.
6. Provide advice and/or assistance in the risk management of the AES especially when a
contingency or disaster situation arises.
7. Prepare and submit a written report, which shall be submitted within six months from the date of
the election to the oversight committee, evaluating the use of the AES.
Nothing in the role of the Council or any outside intervention or influence shall be construed as an
abdication or diminution of the Commission's authority and responsibility for the effective development,
management and implementation of the AES and this Act."

The Advisory Council shall be entitled to a just and reasonable amount of per diem allowances and/or
honoraria to cover the expenses of the services rendered chargeable against the budget of the
Commission.

11. Section 10 says that the Commission, in collaboration with the chairman of the Advisory Council, shall
establish an independent technical evaluation committee, herein known as the Committee, composed of
a representative each from the Commission, the Commission on Information and Communications
Technology and the Department of Science and Technology who shall act as Chairman of the
Committee. It was convened 10 days upon effectivity of the law.
12. Section 11 provides that the Committee shall certify, through an established international certification
entity to be chosen by the Commission from the recommendations of the Advisory Council, not later than
three months before the date of the electoral exercise, categorically stating that the AES, including its
hardware and software components, is operating properly, securely, and accurately, in accordance with
the provisions of this Act based, among others, on the following documented results:
1. The successful conduct of a field testing process followed by a mock election event in one
or more cities/municipalities;

2. The successful completion of audit on the accuracy, functionality and security controls of
the AES software;

3. The successful completion of a source code review;

4. A certification that the source code is kept in escrow with the Bangko Sentral ng Pilipinas;

5. A certification that the source code reviewed is one and the same as that used by the
equipment; and
 6. The development, provisioning, and operationalization of a continuity plan to cover risks
to the AES at all points in the process such that a failure of elections, whether at voting, counting or
consolidation, may be avoided.

"If the Commission decides to proceed with the use of the AES without the Committee's certification, it
must submit its reason in writing, to the Oversight Committee, no less than thirty (30) days prior to the
electoral exercise where the AES will be used.

"The Committee may avail itself of the expertise and services of resource persons who are of known
independence, competence and probity, are non-partisan, and who do not possess any of the
disqualifications applicable to a member of the Advisory Council as provided herein. The resource
persons shall also be subject to the same prohibitions and penalties as the members of the Advisory
Council.
"The Committee shall closely coordinate with the steering committee of the Commission tasked with the
implementation of the AES in the identification and agreement of the project deliverables and timelines,
and in the formulation of the acceptance criteria for each deliverable.
13. Section 12 provides that the Commission is authorized to procure, in accordance with existing laws,
by purchase, lease, rent or other forms of acquisition, supplies, equipment, materials, software, facilities
and other services, from local or foreign sources free from taxes and import duties, subject to accounting
and auditing rules and regulations. In determining the amount of any bid from a technology, software or
equipment supplier, the cost to the government of its deployment and implementation shall be added to
the bid price as integral thereto. The value of any alternative use to which such technology, software or
equipment can be put for public use shall not be deducted from the original face value of the said bid.
14. Section 13 provides that the AES shall be so designed to include a continuity plan in case of a
systems breakdown or any such eventuality which shall result in the delay, obstruction or
nonperformance of the electoral process. Activation of such continuity and contingency measures shall be
undertaken in the presence of representatives of political parties and citizens' arm of the Commission who
shall be notified by the election officer of such activation.
15. Section 14 now provides for the examination and testing of equipment or device of the AES and
opening of the source code for review. The amendment allows a written comment to be submitted to the
election officer. COMELEC shall also make available the source code of the technology selected to any
interested political party or groups
16. Section 15 now provides that the COMELEC shall prescribe the format of the electronic display
instead of the size and form of official ballot. The provision removes elective officials from those who are
considered ipso facto resigned upon filing of CoC. Three additional ballots are provided per precinct.
17. For Sections 18 and 19, the amendments provide that COMELEC will prescribe the manner and
procedure for the voting and closing of polls.
18. Section 20 now provides that the notice of designation of counting centers will be posted at least
three weeks before election day. The election officer shall post on the website concerned said notice.
19. Section 21 provides that COMELEC will prescribe the manner and procedure for the counting
procedure. Thirty copies of the election returns must be printed.
20. Section 22 on election returns says that each copy shall be signed and thumbmarked by ALL the
members of the board of election inspectors and the watchers present. The amendment made provides
that there shall be 30 copies of the elections returned for the election of president, vice president,
senators, party-list system, local officials and members of the House of Representatives. The 8 th copy
shall be posted on a wall within the premises of the polling place or counting center. The 9 th to 18th copies
are for 10 accredited major national parties excluding the dominant majority and minority parties. The 19 th
and 20th copies are for 2 accredited major local parties. The 21st to 25th copies are for national broadcast
or print media entities. The 26th and 27th copies are for local broadcast or print media entities. The 28th to
30th copies are for major citizens’ arms. The election return will be made available for viewing or picture-
taking for 48 hours following its posting which is upon printing of the 8 th copy. The election returns shall be
electronically transmitted to the respective board of canvassers, the dominant majority and minority
parties, the accredited citizens’ arms, and the Kapisanan ng mga Broadcasters ng Pilipinas. Additional
copies of the electronic results of election returns may be printed but not to exceed 30 copies.
21. Section 25 is amended to include electronically transmitted results aside from results contained in the
data storage devices. Within 1 hour after canvassing, certificates of canvass shall be electronically
transmitted to the COMELEC sitting as the national board of canvassers for senators and party-list
representatives and to the Congress as the national board of canvassers for president and vice-president.
22. Section 26 now provides that the city or municipal board of canvassers shall produce and distribute
30 copies of the certificates of canvass of votes instead of 4 according to the old law. City boards of
canvassers of cities with more than 1 legislative district, provincial boards of canvassers and district
boards of canvassers in Manila and other highly urbanized areas shall now produce 14 instead of 4
copies.
23. Section 27 now makes the national board of canvassers for the senators the same body for the party-
list representatives. It also refers to the certificates of canvass that are now electronically transmitted.

24. Section 24 of RA 8436 was amended by changing the manner by which canvasses are transmitted. Under
the new provision, the certificates of canvass for president and vice-president shall be electronically
transmitted to Congress. In the previous version, the physical election returns are transmitted and the only
automated process is the consolidation of the results by way of individually inputting the contents of data
storage devices submitted by district, provincial, and city board of canvassers..
25. Sec. 29 is a new provision which mandates that a random manual audit be conducted in one precinct in
every congressional district randomly chosen by the, Commission in each province and city. Any discrepancy
in the results will result to a manual counting if the cause is a computer or procedural error.
26. A new provision, Sec. 30, provides for the manner of authentication of electronically transmitted election
results which is to be in accordance to the manner laid down in the E-Commerce Act.
27. Section 25 of RA. 8436 is amended to widen the scope of voters' education. It is aptly renamed as
"stakeholder education training" and mandates that the COMELEC launch a widespread stakeholder
education and training program through newspapers of general circulation, radio, television and other media
forms, as well as through seminars, symposia, fora and other nontraditional means, to educate the public and
fully inform the electorate about the AES and inculcate values on honest, peaceful, orderly and informed
elections, not later than six months before the actual automated elections.

The goal of the program is to ensure the acceptance and readiness of stakeholders to understand and
appreciate the benefits of the AES. Said stakeholders are the general public/voters, COMELEC staff, the
Department of Education, Department of Finance, Local Government officials, incumbent elected officials,
political parties and candidates and even members of the military and police.

28. Section 27 of RA 8436 originally providing for an Oversight Committee is amended to create instead a
Joint Congressional Committee. The old composition f the Oversight Committee was:
· 3 representatives each from the Senate, House, and COMELEC
· A report is made submitted to the Senate and the House within 90 days from the date of election.
Under the amended provision:
· Seven members each from the Senate and the House (4 majority, 3 minority) to monitor the
implementation of the law.
· A report is submitted to Joint Committee within six months from election and the Joint Committee also
conducts an annual review of the implementation of the law so that they can recommend changes if
necessary.
29. Sec. 29 of RA 8436 is amended to include new election offenses:
· Refusal of the citizens' arm to present for perusal its copy of election return to the board of canvassers;
· Presentation by the citizens' arm of tampered or spurious election returns;
· Refusal or failure to provide the dominant majority and dominant minority parties or the citizens' arm
their copy of election returns; and
· The failure to post the voters' list within the specified time, duration and in the designated location shall
constitute an election offense on the part [of] the election officer concerned."
· Provides for the penalty for the same: "Any person convicted for violation of this Act, except those
convicted of the crime of electoral sabotage, shall be penalized with imprisonment of eight years and one day
to twelve (12) years without possibility of parole, and perpetual disqualification to hold public office and
deprivation of the right of suffrage. Moreover, the offender shall be perpetually disqualified to hold any non-
elective public office."
30. Section 31 of RA 8436 is amended to give the Commission the authority to prescribe other manners or
procedures for the canvassing and consolidation of votes as technology evolves. The original provision gave
the Commission the power to issue the rules and regulations because of difficulties that may arise from
having two ballot systems. This possibly is in response to the Philippines later on fully transitioning to
automated elections for both national and local elections.
31. Sec. 25 of RA 7166 is amended merely to add the manner or order of the reading/counting of votes in
that national positions will first be counted.
32. Sec 212 of BP 881 is amended to further specify the steps in the posting of election returns. It also made
the failure to comply with this section an election offense.
33. Section 27 of RA 7166 is amended to specify that the chairman of the BEI will distribute the election
returns.

The number of copies of the election returns was increased by one. This will be the copy posted within the
premises of the polling place. The copy of the election return will be posted for 48 hours after the elections.
Allocation of election returns to be distributed by the BEI chairperson:
In the election of president, VP, senators, and members of HOR including party-list representatives (8) and for
local officials (the distribution is the same for both)
· City of municipal board of canvasser
· Area within premises of polling place
· Congress, directed to Senate President
· Commission on Elections
· Dominant major party
· Dominant minority party
· Citizens' arm authorized to conduct unofficial count.
· Deposited inside compartment of ballot box

Allocation of the 30 certified true copies of election returns required to be prepared:

(14) accredited national parties
(3) accredited local parties
(5) national broadcast or print media entities
(2) local broadcast or print media entities
(4) citizens' arm groups, non-partisan groups
(1) to be placed in the compartment of the ballot box
 (1) provincial board of canvassers

The amendment also mandates the Commission to post its digital files in its website for the public to view or
download at any time of the day. The Commission shall maintain the files at least three years from the date of
posting.

Any violation of this provision will be treated as an election offense.

34. Section 26 of RA 7166 is amended to add that the dominant majority party and dominant minority party,
which the Commission shall determine in accordance with law, shall each be entitled to one official watcher
who shall be paid a fixed per diem of Four hundred pesos (P400.00).
35. Section 206 of BP 881 on the requirement of the counting of votes to be public and without interruption
is amended, allowing the board to rearrange the physical layout of the polling place for the counting of votes
or the transition from voting to counting. However, it also requires that all ballot boxes and election
documents and paraphernalia be within close view of the watchers.

The BEIs may be authorized by the Commission to count the votes and accomplish the election returns in
another place within a public building within the same city or municipality on account of imminent danger or
widespread violence. The authorization will only be granted after a written recommendation by the board is
amended to allow the board, endorsed by a majority of the poll watchers.

The limitation on the public buildings that may be used: it may bot be in a police camp, reservation,
headquarters, detachment, field office nor within the premises or detention bureau or any law enforcement
or investigation agency.

A violation of this provision is now an election offense under the amendment.

36. Section of RA 6646 on the transfer of counting of vote to a safer place. This transferis due to the fact that
the provision was integrated with another provision, with the additional requirement that the transfer may
only be allowed or authorized by the Commission upon the written request of the board of canvassers, with
the recommendation of most of the watchers.
37. Section 30 of RA 7166 is amended to provide for a new requirement for the finding of authenticity and
due execution of the certificate of canvass for president, vice president, senators enumerated below:
(1) each certificate of canvass was executed, signed and thumbmarked by the chairman and members of the
board of canvassers and transmitted or caused to be transmitted to Congress by them;
(2) each certificate of canvass contains the names of all of the candidates for president and vice-president or
senator, as the case may be, and their corresponding votes in words and their corresponding votes in words
and in figures;
(3) there [exists] no discrepancy in other authentic copies of the certificates of canvass or any of its
supporting documents such as statement of votes by city/municipality/by precinct or discrepancy in the
votes of any candidate in words and figures in the certificate; and
(4) there exists no discrepancy in the votes of any candidate in words and figures in the certificate of
canvass against the aggregate number of votes appearing in the election returns of precincts covered
by the certificate of canvass:

It also added another election offense - the presentation of any person in evidence of a simulated copy of an
election return, statement of votes, certificate of canvass.
38. Section 15 of RA 7166 is amended to provide an exception to the rule that no pre-proclamation cases
shall be allowed on matters relating to the preparation, transmission, receipt, custody, and appreciation of
election returns or certificates of canvass. The exception is found in Sec. 30 of RA 7188 which states:

When it appears that any certificate of canvass or supporting statement of votes by precinct bears
erasures or alterations which may cast doubt as to the veracity of the number of votes stated therein and
may affect the result of the election, upon request of the Presidential or Vice-Presidential candidate concerned or
his party, Congress shall, for the sole purpose of verifying the actual number of votes cast for President and Vice-
President, count the votes as they appear in the copies of the election returns submitted to it.

39. Section 28. on the canvassing by provincial, city, district and municipal board of canvassers is amended to
(1) provide that the votes for national positions be canvassed first
(2) the results for said national positions be announced first for that district, city, municipality or province

It also modified the manner by which votes are canvassed. During the canvassing, the board of canvassers are
required to project on the wall each election return or certificate of canvass.

After the canvassing:

· Immediately after the certificate of canvass for national positions is accomplished, the
chairman of the Board of Canvassers shall announce the posting of the second copy
thereof and its supporting statement of votes on a wall with sufficient lighting within the
premises of the canvassing center.
· He shall then proceed to do the same in the presence of the other members of the board,
the watchers and those present in the canvassing center.
· Without delay and when feasible, he shall capture images of the certificate of canvass
and supporting statements of votes using a secured data capturing device and thereafter,
while in the premises of the canvassing center, immediately print the data so captured in
thirty (30) copies.
· The board of canvassers shall then authenticate each printed copy, in the presence of
watchers and within public view, by closely comparing the same with the certificate of
canvass or statement of votes, as the case may be, posted on of the wall. If the board finds
each printed copy a faithful reproduction of the certificate of canvass or statement of votes,
all members thereof shall annotate and sign a certification to that effect on the bottom front
of the printed copy.
· Each certified printed copy shall be placed in an envelope and distributed as herein
provided. Designated recipients of the certified printed copies may receive their copies at the
canvassing center.
· The chairman of the board shall transmit the digital files of the certificate of canvass and
its supporting statement of votes using a secured transmission device with authentication
features to the secured tabulation system of the Commission and to the systems of the other
designated recipients as herein provided.

The section also states that the recipients of the digital or printed of the certificates of
canvass may consolidate the returns on their own and announce unofficial results.
 The amendment also lists the following as election offenses:
· Removal or defacing of posted copy of certificate of canvass from the wall within the
prescribed 48 hours of posting time; this includes the chairman or any member of board of
canvassers unless removal is for the purpose of immediately transferring the post to a more
suitable place/area
· Simulation of certificate of canvass or statement of votes, or a print or digital copy
thereof;
· Authentication or signing of a printed certificate of canvass or its supporting statement
outside of polling place
· Signing and authenticating a pring which bears an image different from the certificates of
canvass or statement of votes actually posted on the wall.

The chairman or any member of the board of canvassers who signs or authenticates a print
which bears an image different from the certificate of canvass or statement of votes
produced after counting and posted on the wall."

40. The amendment to Section 29 of RA 7166 is the exactly the same in all respects with the
amendment in Section 27 except that while Sec. 27 refers to election returns, Sec. 29 refers to
certificates of canvass.
41. Section 27 of RA 6646 which used to punish for an election offense any member of the board of election
inspectors or board of canvassers who tampers, increases, or decreases the votes received by a candidate in
any election or any member of the board who refuses, after proper verification and hearing, to credit the
correct votes or deduct such tampered votes.
It introduced a new offense denominated as electoral sabotage.

The amendment provides that while any person or member of the board of election inspectors or board of
canvassers who tampers, increases or decreases the votes received by a candidate in any election or any
member of the board who refuses, after proper verification and hearing, to credit the correct votes or deduct
such tampered votes is guilty of an election offense, when the tampering, increase or decrease of votes or
the refusal to credit the correct votes and/or to deduct tampered votes to deduct tampered votes are
perpetrated on a large scale or in substantial numbers, the same shall be considered, not as an
ordinary election offense under Sections 261 and/or 262 of the Omnibus Election Code, but a special
election offense to be known as electoral sabotage and the penalty to be imposed shall be life
imprisonment.

The act or offense committed shall be considered electoral sabotage in any of the following instances:
1. When the tampering, increase and/or decrease of votes perpetrated or the refusal to credit the
correct votes or to deduct tampered votes, is/are committed in the election of a national elective
office which is voted upon nationwide and the tampering, increase and/or decrease votes, refusal to
credit the correct votes or to deduct tampered votes, shall adversely affect the results of the
election to the said national office to the extent that losing candidate/s is/are made to appear the
winner/s;
2.Regardless of the elective office involved, when the tampering, increase and/or decrease of votes
committed or the refusal to credit the correct votes or to deduct tampered votes perpetrated, is
accomplished in a single election document or in the transposition of the figures/results from one
election document to another and involved in the said tampering increase and/or decrease or
refusal to credit correct votes or deduct tampered votes exceed five thousand (5,000) votes, and
that the same adversely affects the true results of the election;

42. Section 265 of PB 881 is amended to make the jurisdiction of the Commission to conduct
preliminary investigations of all election offenses and prosecute the same concurrent (previously
exclusive to COMELEC) with other prosecuting arms of the government.

--------------------------------

SCRIPT
*play Christmas songz*
Lizzie: Merry Christmas! I’m Lizzie, Santa’s Little Helper. Today, I’ll tell you a story about someone who’s
been naughty and another who’s been nice.

*harp* Enteng was a candidate running for his third term for the position of mayor in the Municipality of
Bacnotan. He lost to Ysa by 5 votes.

Enteng: Ano ba yan, natalo ako. Hindi pwede to (HAHA). Ano kayang pwede kong gawin? Hmm. Ah! Mag
file kaya ako ng pre-proclamation controversy?

Lizzie: And so he did. But first, let’s define what a pre-proclamation controversy is. According to Sec. 241
of the Omnibus Election Code, a pre-proclamation controversy is…. Blah blah

*REPORT*
Trivia time (Lizzie)

President Duterte is ___ President to not attend his proclamation as Philippine President
a. 1st b. 2nd c. 3rd c.4th

Lizzie: Let’s go back to our story. So Ysa won by 5 votes and was proclaimed by the Board of
Canvassers as the winner.

Enteng: Hala. Di na pala pwede and pre-proclamation controversy. Hmm… baka pwede pa ang election
protest.

Lizzie: Enteng filed an election protest

*REPORT*
Trivia time (Enteng)

Lizzie: Unfortunately, he lost because he was unable to prove any of the grounds he alleged against Ysa.
Meanwhile, Ysa, being the champion of the rights of People of Bacnotan, filed a criminal case against
Enteng based on an election offense.

Ysa: *speech* Mga kababayan chever chever… Kasi naaalala niyo ba nung eleksyon….. *harp sound*
*FLASHBACK*
Enteng and his goons (Rach and Ton) hold the BOC (Alex) at gunpoint and switch the authentic ballot
box with a tampered one.

---- music

Ysa: Pano ba magfile ng ganung kaso?

Alex report
(trivia) : Which celebrity couple was admonished by COMELEC spokesperson Jimenez for taking a
picture of their vote in the last elections?
A: Kathniel

Ysa
Maria

Maria: GUILTY!!

Lizzie: Enteng was found guilty by Judge Venturanza, solidifying his place in the naughty list. And Ysa on
the nice list.

*Elves talking*
Maria: Every year na lang may ganitong gulo. Kakatapos ko pa lang magpaint ng toy, tapos naughty list
pala.
Alex: Pumayat na nga si Santa sa stress eh.
Ton: Pano ba maiiwasan yung ganito?
Rach: Ganito kasi yan...

Rach: *REPORT*

TRIVIA (Rach)
According to Smartmatic, 2016 elections had the highest turnout since 1987 with 44 million Filipinos
voting. How many percent of the voting population was this?

a. 80.7%
b. 81.7%
c. 88.7%
d. 87.1%

TRIVIA (Ton): Which country observed the Philippine automated elections in 2010 as a model for their own shift to
the automated election system?
A. Curacao
B. Argentino
C. Venezuela
D. Brazil
Lizzie: And from then on, although hindi pa rin perfect ang eleksyon sa Bacnotan, nabawasan naman ang
stress thanks to RA 9369.

That’s it for our report. Good afternoon and merry Christmas.

PROPS
● 2 ballot boxes (Winlaw room)
● 2 ski masks (Enteng)
● Guns (Enteng)
● 7 folders (Rachel)
● Flashback sign (Alex)
● Ballot box sign (Alex)
● Slytherin robe

● Speaker

e.