ELECTION LAW

Atty. John Paul Cubero Lecture

 Election

Embodiment of the popular will, the expression of the sovereign power of the people.

Election is the means by which the people choose their officials for definite periods and to
whom they entrust, for the time being as their representatives, the exercise of powers of government. It
involves the choice of candidates to public office by popular vote.

 Theory of Popular Sovereignty

Art. II, Sec. 1 1987 Constitution:

The Philippines is a democratic and republican state. Sovereignty resides in the people and all
government authority emanates from them.

A democratic and republican government derives all its powers, directly or indirectly, from the people at
large. Its essence is indirect rule. Actual sovereignty is exercised by the people by means of suffrage.

Suffrage

Suffrage is the right and obligation of qualified citizens to vote:

(1) in the election of certain national and local officials, and

(2) in the decision of public questions submitted to the people.

It is a political right which enables every citizen to participate in the process of government to assure
that it derives it powers from the consent of the governed. It operates on the principle of "one man ( or
one woman), one vote."

Suffrage is not a natural right but a privilege which may be given or withheld by the lawmaking power
subject to constitutional limitations. It is not necessarily an accompaniment of citizenship; it is granted
only upon the fulfillment of certain minimum conditions

Scope of Suffrage

It encompasses:

1.) Election; 2.) Plebiscite; 3.) Referendum 4.) Recall

Types of Election

a. Regular election – refers to an election participated in by those who possess the right of suffrage and
not disqualified by law and who are registered voters

b. Special election – when there is failure of election on the scheduled date of regular election in a
particular place or which is conducted to fill up certain vacancies, asprovided by law (ex. To fill in vacancy
in office before the expiration of the term for which incumbent was elected)

Plebiscite

1
Plebiscite is the submission of constitutional amendments or important legislative measures to the
people for ratification.

Referendum

Referendum is the power of the electorate to approve or reject legislation through an election called for
the purpose. (Sec. 2c, R.A. 6735) It may be of 2 classes, namely:

(a)Referendum on statutes, which refers to a petition to approve or reject an act or law, or part thereof,
passed by Congress; and

(b)Referendum on local law which refers to a petition to approve or reject a law, resolution or ordinance
enacted by regional assemblies and local legislative bodies

Initiative

Initiative is the power of the people to propose amendments to the Constitution or to propose and enact
legislation through an election called for the purpose. (Sec. 2A, R.A. 6735) There are 3 systems of
initiative, namely:

(a)Initiative on the Constitution which refers to a petition proposing amendments to the Constitution to a
petition proposing to enact a national legislation;

(b)Initiative on statutes, which refers to a petition proposing to enact a national legislation;

(c)Initiative on local legislation which refers to a petition proposing to enact a regional, provincial, city,
municipal or barangay law, resolution or ordinance

Note that in the case of Santiago v. COMELEC, the Supreme Court held that there is no law yet that is
sufficient enough for proposing amendments to the Constitution. R.A. 6735 was deemed sufficient for
statutory amendments but not Constitutional amendments.

Recall

Recall is the termination of official relationship of a local elective official for loss of confidence prior to
the expiration of his term through the will of the electorate.

Who can exercise the right of suffrage?

Under Art. V, Sec. 1 of the 1987 Constitution, the right of suffrage may be exercised by all citizens of the
Philippines who are:

(1)not otherwise disqualified by law,

(2)at least 18 years of age, and

(3)have resided in the Philippines for at least 1 year, and in the place wherein they propose to vote for at
least 6 months immediately preceding the election.

The same provision provides that no literacy, property or other substantive requirement shall be
imposed on the exercise of suffrage, and that Congress may not add or alter the qualifications of voters
under Art. V, Sec. 1 of the 1987 Constitution. This specification is an implied prohibition against
interference on the part of Congress in the right of suffrage.

2
Residence Qualification

For the purposes of election law, residence is synonymous with domicile. Art. 50 of the Civil Code
provides that “for the existence of civil rights and the fulfillment of civil obligations, the domicile of
natural persons is the place of their habitual residence.” Domicile includes the twin elements of “the fact
of residing or physical presence in a fixed place” and animus manendi , or the intention of returning
there permanently. (Romualdez-Marcos v. COMELEC)

Every person is deemed to have his domicile somewhere, and when it has been acquired, it will be
deemed to continue until a new one has been acquired. Temporary absences although frequent or long
continued, will not, while the person has a continuous intention to return, deprive him of his domicile
and right to vote.

Any person who temporarily resides in another city, municipality or country solely by reason of his
occupation, profession, employment in private or public service, educational activities, work in the
military or naval reservations within the Philippines, service in the AFP, the PNP, or confinement or
detention in government institutions in accordance with law, shall not be deemed to have lost his
original residence. (Sec. 9, R.A. 8189)

It is not necessary that a person should have a house in order to establish his residence or domicile in a
municipality. It is enough that he should live there, provided that his stay is accompanied by his intention
to reside therein permanently.

Literacy requirements

The Constitution imposes no literacy requirements; hence illiterates have the right to vote.

Formal education

Formal education is no guarantee for good citizenship or intelligent voting.

Property requirements

Neither does the Constitution impose any property requirement since property ownership is not a test of
individual capacity

A property requirement is not only inconsistent with the concept of a republican government, but with
the social justice principle of equal opportunity as well.

Sex

There is no adequate or justifiable basis for depriving women of equal voting rights.

Taxpaying Ability

This is related to property requirement.

Romualdez-Marcos v. COMELEC (248 SCRA 300)

3
It is the fact of residence, not a statement in the certificate of candidacy which ought to be decisive in
determining whether or not an individual has satisfied the Constitution’s residency qualification
requirement.

To successfully effect a change of domicile, one must demonstrate:

(1) an actual removal or an actual change of domicile;

(2) a bona fide intention of abandoning the former place of residence

and establishing a new one; and,

(3) acts which correspond with the purpose.

Aquino v. COMELEC (248 SCRA 400)

The place where a party actually or constructively has his permanent home, where he, no matter where
he may be found at nay given time, eventually intends to return and remain, i.e., his domicile, is that to
which the Constitution refers when it speaks of residence for the purpose of election law.

The purpose is to exclude strangers or newcomers unfamiliar with the conditions and needs of the
community from taking advantage of favorable circumstances existing in that community for electoral
gain.

DISQUALIFICATIONS

(1)Persons sentenced by final judgment to suffer imprisonment for not less than

one (1) year. (Note: he / she shall automatically re-acquire the right to vote upon the expiration of 5
years after the service of sentence.)

(2)Persons adjudged by final judgment of having committed any crime involving disloyalty to the duly
constituted government (e.g. rebellion, sedition, violation of the firearms law) or any crime against
national security. (Note: he / she shall automatically re-acquire the right to vote upon the expiration of 5
years after the service of sentence.)

(3)Insane or incompetent persons as declared by competent authority.

THE COMMISSION ON ELECTIONS

Purpose

The purpose of the COMELEC is to protect the sanctity of the ballot and to ensure the free and honest
expression of the popular will.

To achieve this, the COMELEC was created as an independent administrative tribunal, co-equal with the
other departments with respect to the powers vested in it, and not under any of the branches of
Government.

The intention is to place it outside the influence of political parties and the control of the legislative,
executive, and judicial organs of the government.

4
To preserve the independence of the COMELEC, appointments or designations in temporary or acting
capacities are not allowed.

Composition

- 1 chairman

- 6 commissioners

Qualifications:

·Natural born citizens

·At least 35 years old

·Holders of a college degree

·Must not have been candidates for any elective position in the immediately preceding elections

·Majority of the members, including the chairman, should be members of the Bar who have been
engaged in the practice of law for at least 10 years.

The chairman and the commissioners are to be appointed by the President with the consent of the
Commission on Appointments.

The Commissioners serve for 7 years without reappointment, under staggered terms of 2 years interval:
of 3 commissioners first appointed, 3 shall hold office for 7 years, 2 for 5 years, and the rest for 3 years.

The staggering of terms makes the COMELEC a continuing and self-perpetuating body, and consequently
its members would have the benefit of the experience and expertise of the older members in the
performance of its functions.

The COMELEC Commissioners are subject to the same disabilities imposed on the President and the
Vice-President, including the prohibition against holding any other office or engaging in any other
profession or business.

Powers and Functions:

(1)Enforcement and administration of election laws and regulations (Art. IX-C, Sec. 2 (1), 1987
Constitution)

(2)Quasi-judicial powers

(3)Decide all questions affecting Elections

(4)Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of
the Government for the exclusive purpose of ensuring free, orderly, honest,

peaceful and credible elections (Art. IXC, Sec. 2(4), 1987 Constitution)

(5)Register political parties, etc. (Art. IX-C, Sec. 2 (5), 1987 Constitution)

(6)Accredit citizens' arms (Art. IX-C, Sec. 2 (5), 1987 Constitution)

5
(7)Investigation and prosecution of cases of violation of election laws (Art. IX-C, Sec. 2 (5), 1987
Constitution)

(8)Filing of petitions in court for inclusion or exclusion of voters (Art. IX-C, Sec. 2 (6), 1987 Constitution)

(9)Recommendatory

(10) Supervision / Regulation, for the duration of the election period, of use of all franchises or permits
for operation of: ·transportation and other public utilities; ·media of communication or information; ·all
grants, special privileges, or concessions granted by the Government or any instrumentality thereof (Art.
IX-C, Sec. 4, 1987 Constitution)

(1)Enforcement and administration of election laws and regulations (Art. IX-C, Sec. 2 (1), Constitution)

Promulgation of rules and regulations (Art. IX-C, Sec. 6; BP 881, Sec. 52b)

·Fixing of election period (which shall commence 90 days before the election and end 30 days thereafter,
unless otherwise fixed by the COMELEC in special cases; Art. IX-C, Sec. 6, 1987 Constitution)

·Fixing of other reasonable periods for certain pre-election requirements (BP 881, Sec. 52m)

·Declaration of failure or postponement of elections, as well as call for special elections (Sec. 4, RA 7166)

Promulgation of rules and regulations (Art. IX-C, Sec. 6; BP 881, Sec. 52b)

·Annulment or cancellation of illegal registry lists of voters and ordering the preparation of a new one;

·Cancellation of the canvass of election returns and annulment of a proclamation based on incomplete
results. (Note, however, that the COMELEC does not have the power to annul an election which may not
have been free, orderly, and honest as such power is merely preventive and not curative.)

(2)Quasi-judicial powers

The COMELEC has exclusive original jurisdiction over all contests relating to the election, returns and
qualifications of all elective, regional, provincial and city officials.

The COMELEC has exclusive appellate jurisdiction over all contests involving municipal officials decided
by the RTC, or involving elective barangay officials decided by the MTC. In these cases, the

decisions therein shall be final, executory and unappealable. (Art. IX-C, Sec. 2 (2), 1987 Constitution)

Pursuant to its quasi-judicial powers, the COMELEC has the power:

·To issue subpoena;

·To take testimony;

·Of contempt (Note, however, that the COMELEC's power to punish for contempt may be

exercised ONLY in the exercise of its quasi-judicial functions.

The COMELEC has no power to hold a person in contempt in

6
the exercise of its administrative functions (e.g. reporter criticizes a contract with COMELEC for supplies,
or a person fails to follow the procedure for the distribution of ballot boxes).

To issue warrants of arrest;

·Of certiorari, prohibition and mandamus (Note: but only in exercise of its appellate jurisdiction;
Relampagos v. Cumba, )

Rendition of Decision

The COMELEC may sit en banc or in 2 divisions.

As a general rule, election cases shall be heard and decided in division.

Decisions that must be rendered by the COMELEC en banc include:

·Decisions on motions for reconsideration (Art. IX-C, Sec. 3, 1987 Constitution);

·Petitions for correction of manifest errors in the Statement of Votes (Sec. 5, Rule 27 of the 1993 Rules of
the COMELEC);

·Questions pertaining to proceedings of the Board of Canvassers (Mastura v. COMELEC, 285 SCRA 493)

·Postponement of election (Sec. 4, R.A. 7166)

·Declaration of failure of election (Sec. 4, R.A. 7166)

·Calling of special elections (Sec. 4, R.A. 7166)

Time Period and Votes Required

The COMELEC shall decide by a majority vote of all its members any case or matter brought before it
within 60 days from the date of its submission for decision or resolution. (Art. IX-A, Sec. 7 1987
Constitution)

Judicial Review

Unless otherwise provided by the Constitution or by law, any decision, order or ruling of each
Commission may be brought to the Supreme Court on certiorari by the aggrieved party within 30 days
from receipt of a copy thereof. (Art. IX-A, Sec. 7, 1987 Constitution)

What is contemplated in this provision are decisions, orders or resolutions rendered by the COMELEC in
the exercise of its adjudicatory or quasi-judicial powers not those which are mere incidents of its
inherent administrative functions over the conduct of elections. Questions arising from the latter may be
taken in an ordinary civil action before the RTC. By certiorari, a party raises questions of law in the
Supreme Court. Findings of fact made by the COMELEC are conclusive upon the Supreme Court.

The Supreme Court has no power of supervision over the COMELEC except to review its decisions on
petitions by certiorari. The certiorari jurisdiction of the Supreme Court is confined to instances of grave
abuse of discretion amounting to patent and substantial denial of due process committed by it in the
exercise of its quasi-judicial powers.

7
(3)Decide all questions affecting Elections

The power of the COMELEC to decide all questions affecting elections pertains to the following:

(1) determination of the number and location of polling places

(2) appointment of election officials and inspectors

(3) registration of voters

However, the COMELEC has NO jurisdiction over questions involving the right to vote (i.e.
disqualifications of voters, right of a person to be registered, etc.), as these rest within the exclusive
original jurisdiction of the MTC, appealable to the RTC.

(4)Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities
of the Government for the exclusive purpose of ensuring free, orderly, honest, peaceful and credible
elections (Art. IXC, Sec. 2(4), 1987 Constitution)

·CMT cadets 18 yrs. of age and above may be authorized to act as the COMELEC's deputies for the
purpose of enforcing its orders (Sec. 52a, BP 881)

·The COMELEC may deputize any member or members of the AFP, NBI, PNP or any similar agency or
instrumentality of the government (except civilian home defense forces) during the period of the
campaign and ending 30 days thereafter, when in any area of the country there are persons committing
acts of terrorism to influence people to vote for or against any candidate or political party. ( Sec. 52b, BP
881)

(5)Register political parties, etc. (Art. IX-C, Sec. 2 (5), 1987 Constitution)

(6)Accredit citizens' arms (Art. IX-C, Sec. 2 (5), 1987 Constitution)

(7)Investigation and prosecution of cases of violation of election laws (Art. IX-C, Sec. 2 (5), 1987
Constitution)

The COMELEC has the power of a public prosecutor with the exclusive authority to conduct the
preliminary investigation and the prosecution of election offenses punishable under the election law. The
power may be exercised upon complaint or motu propio.

The Ombudsman has NO jurisdiction to prosecute election offenses. He may do so only if he is deputized
by the COMELEC.

(8)Filing of petitions in court for inclusion or exclusion of voters (Art. IX-C, Sec. 2 (6), 1987 Constitution)

(9)Recommendatory

(a)to Congress ·effective measures to minimize election spending, including limitation of places where
propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses,
malpractices, and nuisance candidates. (Art. IX-C, Sec. 2 (7),1987 Constitution)

(b)to the President ·for removal of any officer or employee it has deputized (Sec. 52a, BP 881); ·for
imposition of disciplinary action for violation or disregard of, or disobedience to its directive, order, or
decision (Art. IX-C, Sec. 2 (8), 1987 Constitution);

8
·for pardon, amnesty, parole, suspension of sentence for violation of election laws, rules

and regulations (Art. IX-C, Sec. 5 1987 Constitution; This is to prevent the possibility of the President
granting executive clemency for political reasons.)

(10) Supervision / Regulation, for the duration of the election period, of use of all franchises or
permits for operation of: ·transportation and other public utilities; ·media of communication or
information; ·all grants, special privileges, or concessions granted by the Government or any
instrumentality thereof (Art. IX-C, Sec. 4, 1987 Constitution)

The purpose of supervision and regulation is to guarantee or ensure equal opportunity for public service
and the equitable right to reply, for public information campaigns and for a among candidates, and
assure free, orderly, honest, peaceful and credible elections. (Sec. 2, R.A. 9006)

No franchise or permit to operate a radio or television station shall be granted or issued, suspended or
cancelled during the election period. (Sec. 6.4, R.A. 9006)

COMELEC is mandated under Sec. 7 of R.A. 9006 to exercise affirmative action in procuring print space
upon payment of just compensation from at least 3 national circulation, and free airtime from at least 3
national TV networks and 3 national radio networks, all of which are to be allocated free of charge
equally and impartially among all the candidates for national office on 3 different calendar days.

Precinct

- a unit of territory for the purpose of voting (Sec. 149, BP 881)

Establishment of Precincts

The COMELEC shall establish all election precincts. Each barangay shall have at

least 1 such precinct. (Sec. 149, BP 881)

The COMELEC may introduce adjustments, changes or new divisions or abolish precincts if necessary. But
no changes shall be introduced within 45 days before a regular election and 30 days before a special
election or referendum or plebiscite. (Sec. 149, BP 881)

Where it is not practicable to divide a precinct by territory, the COMELEC may adjust

or split the precinct by assigning the registered voters alphabetically and equitably among the adjusted
or split precinct. The polling places of the said precincts must be in the same

building. (Sec. 8, R.A. 7166)

Polling place

Building or place where the Board of Election Inspectors conducts its proceedings and where the voters
cast their votes (Sec. 152, BP 881)

Designation of polling places

The COMELEC may introduce changes in the location of polling places when necessary after notice to the
registered political parties and candidates affected if any, and hearing.

9
No location shall be changed within 45 days before a regular election and 30 days before a

special election, referendum or plebiscite except when it is destroyed or it cannot be used. (Sec. 153, BP
881)

REGISTRATION

- the act of accomplishing and filing of a sworn application for registration by a qualified voter before the
election officer of the city or municipality wherein he resides and including

the same in the book of registered voters upon approval by the Election Registration Board. (Sec. 3a,
R.A. 8189)

"The act of registration is an indispensable precondition to the right of suffrage. For registration is part
and parcel of the right to vote and an indispensable element in the election process. Thus … registration
cannot and should not be denigrated to the lowly stature of a mere statutory requirement. Proceeding
from the significance of registration as a necessary requisite to the right to vote, the State undoubtedly,
in the exercise of its inherent police power, may then enact laws to safeguard and regulate the act of
voter’s registration for the ultimate purpose of conducting honest, orderly and peaceful election, to the
incidental yet generally important end, that even pre-election activities could be performed by the duly
constituted authorities in a realistic and orderly manner – one which is not indifferent and so far
removed from the pressing order of the day and the prevalent circumstances of the times.“ (Akbayan, et
al v. COMELEC, G.R. No.147066, March 26, 2001)

THE ELECTION REGISTRATION BOARD (Sec. 15, R.A. 8189)

In each city and municipality, there shall be as many Election Registration Boards

as there are election officers therein. In thickly populated cities or municipalities, the

COMELEC may appoint additional election officers for such duration as may be necessary.

Composition

(1) Chairman: Election Officer. In case disqualified, the COMELEC shall designate

an acting Election Officer.

(2) Members:

(a) Public school official most senior in rank; and

(b) Local civil registrar, or in his absence, the city or municipal treasurer. If neither are available, any
other appointive civil service official from the same locality as designated

by the COMELEC.

Disqualifications

No member of the Board shall be related to each other or to any incumbent city or municipal elective
official within the 4th civil degree of consanguinity or affinity. If in succeeding elections, any of the newly
elected city or municipal officials is related to a member of the Board within the 4th civil degree of

10
consanguinity or affinity, such member is automatically disqualified to preserve the integrity of the
Election Registration Board.

Function

- Meet quarterly (end of registration period) to hear and process all applications for registration.

When registration conducted

Registration of voters shall be conducted not less than 120 days before a regular election and 90 days
before a special election. (Sec. 8, R.A. 8189)

However, in the case of an initiative or referendum, the COMELEC is authorized to set a special
registration day at least 3 weeks before the scheduled initiative or referendum. (Sec. 5, R.A. 6735)

CAN A SPECIAL REGISTRATION FOR A REGULAR ELECTION BE CONDUCTED OUTSIDE THE PERIOD
PRESCRIBED IN SEC. 8, R.A. 8189 UNDER THE RESIDUAL OR STANDBY POWERS OF THE COMELEC
UNDER SEC. 28, R.A. 8436?

No. In the case of Akbayan, et al v. COMELEC (G.R. No.147066, March 26, 2001), the Supreme Court held
that Sec. 8 of R.A. 8189 explicitly provides that no registration shall be conducted during the period
starting 120 days before a regular election. The purpose of having a 120-day prohibitive period is to
enable the COMELEC to complete all the necessary pre-election activities, including the Project of
Precincts, constitution of Board of Election Inspectors, Book of Voters and approved Voters Registration
Records, Computerized Voters' List, and Voters Information Sheet. Registration of voters is not, contrary
to popular opinion, merely the act of going to the Election Officer and writing the names down. It is "in
fact, a long process that takes about 3 weeks to complete not even counting how long it would take to
prepare for the registration in the first place.”

Re-registration

A voter who is registered in the permanent list of voters need not register anew for subsequent elections
unless:

(1)he transfers residence to another city or municipality; or

(2)his registration has been cancelled on the ground of disqualification and such disqualification has
been lifted or removed (Sec. 125, BP 881);

Challenge of the right to register

Any person applying for registration may be challenged before the Election Registration Board:

·by any voter, ·by any candidate, or

·by any representative of a registered political party.

Such challenge must be made in writing, under oath and must state the grounds therefor. (Sec. 18, R.A.
8189)

Illiterate and Disabled Voters

11
Any illiterate person may register with the assistance of the Election Officer or any member of an
accredited citizen’s arm. The application for registration of a physically disabled person may be prepared
by any relative within the fourth civil degree of consanguinity or affinity or by the Election Officer or any
member of an accredited citizen’s arm using the data supplied by the applicant [Sec. 14, RA 8189].

INCLUSION AND EXCLUSION CASES

Jurisdiction and Appeal in Inclusion and Exclusion Cases

MTC: original and exclusive jurisdiction

RTC: appellate jurisdiction

Appeals must be made within 5 days from receipt of notice. Otherwise the decision of the MTC becomes
final and executory after said period. The RTC shall decide the appeal within 10 days from the time the
appeal was received, and its decision shall be final and executory. No motion for reconsideration shall

be entertained. (Sec. 138, BP 881; Sec. 33, R.A. 8189)

Petition for Inclusion of Voters in the List

The following may petition to be included in the voters’ list:

·any person whose application by registration has been disapproved by the Board or

·any person whose name has been stricken out from the list

Petitioner may apply at any time except 105 days prior to a regular election or 75 days prior to a special
election. (Sec. 34, R.A. 8189)

Petition for Exclusion of Voters from the List

The following may petition for the exclusion of a voter from the permanent list of voters:

·any registered voter; ·any representative of a political party; ·the Election Officer

Such petition may be filed at any time except 100 days before a regular election or 65 days

before a special election. It shall be decided within 10 days from filing. (Sec. 35, R.A. 8189)

INCLUSION AND EXCLUSION CASES

"The petition for exclusion is a necessary component to registration since it is a safety mechanism that
gives a measure of protection against flying voters, non-qualified registrants, and the like. The prohibitive
period, on the other hand serves the purpose of securing the voter’s substantive right to be included in
the list of voters." (Akbayan, et al v. COMELEC, G.R. No.147066, March 26, 2001)

Common rules governing proceedings in the matter of inclusion, exclusion and correction of names of
voters (Sec. 32, R.A. 8189)

(1) TIME OF FILING: During office hours

(2)NOTICE: Notice of the place, date and time of the hearing of the petition shall be served upon the
members of the Board and the challenged voter upon filing of the petition.

12
Modes of service:

(1) personal delivery, or

(2) registered mail, or

(3) posting in the bulletin board of city or municipal hall and in 2 other conspicuous places within the city
or municipality

(3) CONTENTS: Petition shall refer only to 1 precinct, and shall implead the Board as respondents

(4) COSTS: Generally, no costs shall be assessed against any party. However, the court may order a party
to pay the costs and incidental expenses of the suit should it find that the application was filed solely to
harass the adverse party and to cause him to incur expenses.

(5) INTERVENTION: Any voter, candidate or political party who may be affected by the proceedings may
intervene and present his evidence.

(6) EVIDENCE: Shall be based on the evidence presented. In no case shall a decision be rendered upon a
stipulation of facts. If the case involves the issue of a fictitious voter, the nonappearance of the
challenged voter on the day set for hearing shall be prima facie evidence that such voter is fictitious.

(7) DECISION: Petition shall be heard and decided within 10 days from date of filing.

Cases appealed to the RTC shall be decided within 10 days from receipt of the appeal. In all cases, the
court shall decide these petitions not later than 15 days before the election and the decision shall
become final and executory

Deactivation of registration (Sec. 27, R.A. 8189)

CAUSES OF DEACTIVATION:

(1)The 3 grounds for disqualification to vote, namely:

(a)Sentence by final judgment to suffer imprisonment for not less than one (1) year, such disability not
having been removed by plenary pardon or amnesty;

(b)Adjudgment by final judgment of having committed any crime involving disloyalty to the duly
constituted government

(e.g. rebellion, sedition, violation of the firearms law) or any crime against national security, unless
restored to his full civil and political rights in accordance with law;

(c)Declaration of insanity or incompetence by competent authority, unless subsequently removed;

(2)Failure to vote in the 2 successive preceding regular elections, as shown by the voting records
(Note: SK

elections are NOT considered regular elections for this purpose);

(3)Court order for exclusion of registration; and

(4)Loss of Filipino citizenship

13
Reactivation of registration (Sec. 28, R.A. 8189)

PETITION FILED:

Sworn application for reactivation of registration in the form of an affidavit stating that the grounds for
the deactivation no longer exist

WHO MAY FILE:

Any voter whose registration has been deactivated

WHERE FILED:

With the Election Officer, who shall then submit such application to the Election Registration Board for
appropriate action.

WHEN FILED:

Not later than 120 days before a regular election and 90 days before a special registration

Party-List

Nomination of party-list representatives

(Sec. 8, R.A. 7941)

Each registered party, organization or coalition shall submit to the COMELEC a list of not more than 5
names from which party-list representatives shall be chosen in case it obtains the required number of
votes. This list

must be submitted not later than 45 days before the election.

The nomination of party-list representatives is subject to the following limitations:

(1)The nominee must have all of the qualifications and none of the disqualifications for the exercise of
the right of suffrage. Moreover, he/she must be a registered voter, able to read and write, and at least

25 years on the day of the election. In case of youth sector nominees, such nominees must be at least 25
but not more

than 30 yrs. old on the day of the election. (Sec. 9)

(2)The nominee must be a bona fide member of the party or organization which he/she seeks to
represent for at least 90 days preceding the day of the election. (Sec. 9)

(3)An elected party-list representative who changes his political party or sectoral affiliation within 6
months before an election is not eligible for nomination as party-list representative under his new party
or organization. (Sec. 15)

(4)A person may be nominated in 1 list only. (Sec. 8)

(5)Only persons who have given their consent in writing may be named in the list. (Sec. 8)

14
(6)The list cannot include any candidate for any elective office or any person who has lost his bid for an
elective office in the immediately preceding election. (Sec. 8)

(7)Changes of name or alterations in the order of nominees are generally not allowed after the list has
been submitted to the COMELEC. However, these may be allowed when the nominee either: (a)Dies; or
(b)Withdraws his nomination in writing; or (c)Becomes incapacitated in which case the substitute
nominee shall be placed last in the list (Sec. 8)

Party-list and District Representatives distinguished

Refer to other reference

ACCREDITATION OF A CITIZENS' ARM

Who may be accredited

Any bona fide non-partisan group, association or organization

- from the civic, youth, professional, educational, business or labor sectors

- with identifiable leadership, membership and structure,

- and with demonstrated capacity to promote the public interest and assist the COMELEC in the
performance of its functions and activities as mandated by the Constitution and by law ( Rule 33,
Sec. 1, COMELEC Rules of Procedure)

- CERTIFICATES OF CANDIDACY

- Candidate defined

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

- Guest Candidacy

- A political party may nominate and/or support candidates not belonging to it. (Sec. 70, BP 881)
Note however that this is not applicable in cases of political parties registered under the party-
list system, as nominees must necessarily be bona fide members of the party.

- Qualifications

- See the provisions of the Constitution for the qualifications of candidates for President, Vice-
President, Senator, and Member of the House of Representatives.

- See the provisions of the Local Government Code for the qualifications of local elective officials.

- Qualifications prescribed by law are continuing requirements and must be possessed for the
duration of the officer's active tenure. Once any of the required qualifications are lost, his title to
the office may be seasonably challenged. (See Frivaldo v. COMELEC, 174 SCRA 245; Labo v.
COMELEC, 176 SCRA 1)

- CERTIFICATES OF CANDIDACY

15
- Filing of certificate of candidacy

- To be eligible for any elective public office, one must file a certificate of candidacy within the
period fixed by the Commission on Elections.

- Mode of Filing

- Certificates must be filed by the candidate personally or by his duly authorized representative.
No certificate shall be filed by mail, telegram or facsimile. (Sec. 7, R.A. 7166)

- Time of Filing

- Certificates of candidacy must be filed in 12 legible copies not later than 120 days before the
elections. (Sec. 11, R.A. 8436)

- Place of Filing

- The certificates of candidacy shall be filed in the following places:

- President, Vice-Pres, Senator - COMELEC main office (Mla)

- Congressman –

- If Provincial districts - Provincial election supervisor

- If NCR district: Regional Election Director

- If legislative district in cities outside NCR which comprise one or more legislative districts: File

- with City election registrar concerned

- Provincial Offices - Provincial election supervisor

- City / Municipal/ Barangay Offices - City or municipal election registrar

- Effects of Filing COC

- a) Any person holding a public appointive office or position, including active members of the
Armed Forces of the Philippines, and other officers and employees in government-owned or
controlled corporations, shall be considered ipso facto resigned from his office and must vacate
the same at the start of the day of the filing of his Certificate of Candidacy.

- b) Any person holding an elective office or position shall not be considered resigned upon the
filing of his Certificate of Candidacy whether for the same or: any other elective office or
position.

- Any mass media columnist, commentator, announcer, reporter, on-air correspondent or

personality who is a candidate for any elective public office shall be deemed resigned, if so
required by his/her employer, or shall take a leave of absence from his/her work as such during
the campaign period. (Sec. 6.6, R.A. 9006)

- Withdrawal of certificate

16
- A person who has filed a certificate of candidacy may withdraw the same prior to the election by
submitting to the office concerned a written declaration under oath.

- If a candidate files a certificate of candidacy for more than 1 office, he shall not be eligible for
any of them. However, he may declare under oath the office for which he desires to be eligible
and cancel the certificate of candidacy for the other office or offices provided that this is done
before the expiration of the period for the filing of certificates of candidacy. (Sec. 73, BP 881)

- The filing of the withdrawal shall not affect whatever civil, criminal, or administrative liabilities
which a candidate may have incurred. (Sec. 73, BP 881)

- Ramirez v. COMELEC

- The certificate of candidacy of petitioner for the office of provincial board member was filed by
his political party. 15 minutes before the deadline, he filed his certificate of candidacy for mayor.
8 days later,

- he filed a petition to withdraw his certificate of candidacy for the office of the board member
and to declare subsisting his certificate of candidacy for mayor, attaching his written declaration
under oath withdrawing his certificate of candidacy for board member. Since the certificate of
candidacy for the position of board member was filed by his party and the said party had
withdrawn that nomination, there was substantial compliance with Sec. 73 of the Omnibus
Election Code. His filing under oath within the statutory period of his individual candidacy for
mayor was a rejection of the party nomination of the other

- officer.

- Nuisance candidacy

- A nuisance candidate is one who files a certificate of candidacy:

- (a)To put the election process in mockery or disrepute; or

- (b)To cause confusion among the voters by the similarity of the names of the registered
candidates, or

- (c)Clearly demonstrating that he/she has no bona fide intention to run for the office which the
certificate of candidacy has been filed, and thus prevents a faithful determination of the true will
of the electorate. (Sec. 69, BP 881)

- Falsity of material representation

- Falsity of a material representation in the certificate of candidacy is a ground for the denial of
due course to or cancellation of a certificate of candidacy under Sec. 78 of BP 881.

- CANDIDACY

- Disqualifications

- Status

- (1)Lack of Filipino citizenship;

17
- (2)Lack of residency requirement;

- (3)Insanity or incompetence, as declared by competent authority;

- (4)Permanent residence or immigrant status in a foreign country, unless such person has waived
his status as permanent resident or immigrant in accordance with the residence requirement
provided for in the election laws (Sec. 68, BP 881)

- Acts

- (1)Sentence by final judgment for:

- ·Subversion, insurrection, rebellion;

- ·Any offense for which the candidate has been sentenced to a penalty of more than 18 months
of imprisonment;

- ·Any offense involving moral turpitude;

- Moral turpitude is an act of a baseness, vileness, or depravity in the private duties which
a man owes to his fellow men, or to society in general, contrary to the accepted and customary
rule of right and duty between man and woman or conduct contrary to justice, honesty,
modesty or good morals. The general rule is that crimes mala in se involve moral
turpitude while crimes mala prohibita do not. Moral turpitude implies something immoral in
itself, regardless of the fact that it is punishable by law or not. (Dela Torre v. COMELEC, 191
SCRA 229)

- ·Having given money or other material consideration to influence, induce or corrupt the voters
or public officials performing electoral functions (Sec. 68a, BP 881);

- ·Having committed acts of terrorism to enhance his candidacy (Sec. 68b, BP 881);

- ·Having spent in his election campaign an amount in excess of that allowed by the Omnibus
Election Code (Sec. 68c, BP 881);

- ·Having solicited, received or made any contribution prohibited under the Omnibus Election
Code (Sec.

- 68d, BP 881; cf. Secs. 89, 95, 96, 97 and 104);

- ·Having engaged in election campaign or partisan political activity outside the campaign period
and not pursuant to a political party nomination (Sec. 68e, BP 881, cf. Sec. 80);

- ·Having removed, destroyed, obliterated, defaced or tampered with or prevented the

distribution of lawful election propaganda (Sec. 68e, BP 881, cf. Sec. 83);

- ·Having violated the rules and regulations on election propaganda through mass media ( Sec.
68e, BP

- 881, cf. Sec. 86);

- ·Having coerced, intimidated, compelled, or in any manner influenced, directly or indirectly, any
of his subordinates or members, or employees, etc. To aid, campaign or vote for or against any

18
 candidate or any aspirant for the nomination or selection of candidates (Sec. 68e, BP 881, cf. Sec.
261d);

- · Having directly or indirectly threatened, intimidated, or actually caused, inflicted or produced

any violence, injury, punishment, damage, loss or disadvantage upon any person or that of the
immediate members of his family, his honor or property, or used any fraudulent device or
scheme to compel or induce or prevent the registration of any voter, or the participation in any
campaign, or the casting of any vote, or any promise of such registration, campaign, vote, or
omission therefrom (Sec. 68e, BP 881, cf. Sec. 261e);

- Having engaged in unlawful electioneering (Sec. 68e, BP 881, cf. Sec. 261k);

- ·Having violated the prohibition against release, disbursement or expenditure of public funds 45
days before a regular election (or 30 days in the case of a special election) (Sec. 68e, BP 881, cf.
Sec. 261v);

- ·Having solicited votes or undertaken any propaganda on the day of election for or against any
candidate or any political party within the polling place or within a radius of 30 m. thereof ( Sec.
68e, BP 881, cf. Sec. 251cc)

- Disqualifications under the Local Government Code (Sec. 40, R.A. 7160)

- (1)Those sentenced by final judgment for an offense punishable by one year or more of
imprisonment and within 2 years after serving sentence.

- (2)Those removed from office as a result of an administrative case.

- (3)Those convicted by final judgment for violating the oath of allegiance to the Republic of the
Philippines.

- (4)Those with dual citizenship.

- (5)Fugitives from justice in criminal and non-political cases here and abroad.

- (6)Permanent residents in a foreign country or those who have acquired the right to reside
abroad and continue to avail of the same right after the effectivity of the Local Government
Code.

- (7)Those who are insane or feebleminded.

- Special Disqualifications under the Lone Candidate Law (Sec. 4, R.A. 8295)

- The following persons are disqualified from running in a special election called to fill the vacancy
in an elective office, provided that evidence of their guilt is strong:

- (1)Any elective official who has resigned from his office by accepting an appointive office or for
whatever reason which he previously occupied but has caused to become vacant due to his
resignation;

- (2)Any person who, directly or indirectly, coerces, bribes, threatens, harasses, intimidates, or
actually causes, inflicts or produces any violence, injury, punishment, torture, damage, loss or
disadvantage

19
 - to any person or persons aspiring to become a candidate or that of the immediate member of
his

- family, his honor or property that is meant to eliminate all other potential candidate.

- Reyes v. COMELEC

- Reyes, the incumbent mayor, was found guilty in an administrative complaint. Despite this, he
filed a certificate of candidacy. Although the COMELEC disqualified him, the Board of Election
Canvassers, unaware of COMELEC’s decision to disqualify him, proclaimed Reyes as the mayor.
The election of Reyes did not render the administrative charges against him moot and academic.
The decision to remove him was served on Reyes and thereafter became final because he failed
to appeal to the Office of the President. He was therefore validly removed from office and
pursuant to the Local Government Code, was disqualified from running for re-election.

- Marquez v. COMELEC

- A "fugitive from justice“ includes "not only those who flee after conviction to avoid punishment,
but likewise

- those who, after being charged, flee to avoid prosecution.”

- Rodriguez v. COMELEC

- In the case of Rodriguez v. COMELEC, it was held that Rodriguez could not be considered a
"fugitive from

- justice" because his arrival in the Philippines from the U.S. preceded the filing of the felony
complaint in the

- Los Angeles Court and the issuance of the arrest warrant by the same foreign court by almost 5
months. The Supreme Court held that the intent to evade is the compelling factor that animates
one’s flight from a particular jurisdiction. And there can only be an intent to evade prosecution
or punishment when there is knowledge by the fleeing subject of an already instituted
indictment, or of a promulgated judgment of conviction.

FRIVALDO V. COMELEC

Frivaldo was previously declared as an alien. Despite this, he was able to file his certificate of candidacy.
The election occurred on May 8, 1995. Frivaldo was able to reacquire Philippine citizenship on June 30,
1995 through repatriation by taking his oath of allegiance at 2:00 p.m. Philippine citizenship is an
indispensable requirement for holding an elective public office. An official begins to govern or discharge
his functions only upon his proclamation and on the day the law mandates his term of office to begin.
Since Frivaldo reassumed his citizenship on the very day the term began, he was therefore already
qualified to be proclaimed, to hold such office and to discharge the functions and responsibilities thereof
as of the said date.

Effect of death, disqualification or withdrawal

If the death, disqualification or withdrawal occurs:

20
- after the last day for filing of the certificates of candidacy à ONLY a person belonging to, and
certified, by the same political party, may file a certificate of candidacy to replace him.

- between the day before the election and midday of the election day the certificate may be filed
with any Board of Election Inspectors in the political subdivision where he is a candidate or with
the COMELEC if it is a national position. (Sec. 77, BP 881)

- ELECTION CAMPAIGN

- Election campaign or partisan political activity

- It is an act designed to promote the election or defeat of a particular candidate or candidates to

a public office.

- Prohibitions

- ·Members of the board of election inspections are prohibited from engaging in any partisan
political activity or from taking part in the election except to discharge their duties as such and
to vote. (Sec. 173, BP 881)

- ·Officers or employees of the civil service are prohibited from engaging directly or indirectly in
any electioneering or partisan political campaigns. (Art. IX-B, Sec. 2 (4), 1987 Constitution)

- ·Members of the military are prohibited from engaging directly or indirectly in any partisan
political activity except to vote. (Art. XVI, Sec. 5 (3), 1987 Constitution)

- It is prohibited for any person, political party or association of persons to engage in an

- election campaign or partisan political activity except during the campaign period. Violation

- of this prohibition constitutes an election offense. (Sec. 80, B.P. 881)

- Lawful election propaganda (Sec. 3, R.A. 9006)

- The following are lawful election propaganda:

- ·Pamphlets, leaflets, cards, decals, stickers, or other written or printed materials the size of
which does not exceed 8 ½ inches in width and 14 inches in length;

- ·Handwritten or printed letters urging voters to vote for or against any particular political party
or candidate for public office;

- ·Cloth, paper or cardboard posters, whether framed or posted, with an area not

- exceeding 2 feet by 3 feet.

- NOTE: Streamers not exceeding 3 feet by 8 feet in size are allowed at the site and on occasion of
a public meeting or rally or in announcing the holding of such meeting or rally. Such streamers
may be displayed 5 days before the date of the meeting or rally and shall be removed within 24
hours after said meeting or rally.

- Lawful election propaganda (Sec. 3, R.A. 9006)

- The following are lawful election propaganda:

21
- ·Paid advertisements in print or broadcast media. Such advertisements must comply with the
following requirements:

- ·Any published or printed political matter and any broadcast of election propaganda by
TV or radio for or against a candidate or group of candidates to any public office shall bear
and be identified by the reasonably legible or audible words “political advertisement paid for”
followed by the true and correct name and address of the candidate or party for whose
benefit the election propaganda was printed or aired. (Sec. 4.1, R.A. 9006)

- ·If the broadcast is given free of charge by the radio or TV station, it shall be identified
by the words "airtime for this broadcast was provided free of charge by“ followed by the true
and correct name and address of the broadcast entity. (Sec. 4.2, R.A. 9006)

- ·Print, broadcast or outdoor advertisements donated to the candidate or political party

shall not be printed, published, broadcast or exhibited without the written acceptance
by the said candidate or political party. Such written acceptance must be attached
to the advertising contract and submitted to the COMELEC within 5 days after its
signing. (Sec. 4.3, R.A. 9006, cf. Sec. 6.3, R.A. 9006)

- Broadcast election propaganda

- The duration of air time that a candidate, or party may use for their broadcast advertisements or
election propaganda shall be, as follows:

- For Candidates/Registered Political parties for a National Elective Position

- Not more than an aggregate total of one hundred (120) minutes of television advertising,
whether appearing on national, regional, or local, free or cable television, and one hundred
eighty (180) minutes of radio advertising, whether airing on national, regional, or local radio,
whether by purchase or donation.

- For Candidates/Registered Political parties for a Local Elective Position

- Not more than an aggregate total of sixty (60) minutes of television advertising, whether
appearing on national, regional, or local, free or cable television, and ninety (90) minutes of
radio advertising, whether airing on national, regional, or local radio, whether by purchase or
donation.

- Printed or Published Election Propaganda

- The maximum size of print advertisements for each candidate, whether for a national or local
elective positions, or party shall be, as follows:

- In broadsheets In tabloids

- One fourth (1/4) page One half (1/2) page

- Said print advertisement, whether procured by purchase, or given free of charge, shall not be
published more than three times a week per newspaper, magazine, or other publication during
the campaign period.

22
- PROHIBITED ACTS

- It is prohibited:

- For any foreigner:

- ·to aid any candidate or political party, directly or indirectly;

- ·to take part or influence in any manner any election;

- ·to contribute or make any expenditure in connection with any

- election campaign or partisan political activity

- For any person during the campaign period:

- ·to remove, destroy, obliterate or in any manner deface or tamper with lawful election
propaganda;

- ·to prevent the distribution of lawful election propaganda

- For any candidate, political party, organization or any person:

- ·to give or accept, directly or indirectly, free of charge, transportation, food or drinks or things of
value during the five hours before and after a public meeting,

- on the day preceding the election, and on the day of the election;

- ·to give or contribute, directly or indirectly, money or things of value for such purpose.

- Badoy v COMELEC (35 SCRA 285)

- The prohibition against certain forms of election propaganda was upheld as a valid exercise of
police power, “to prevent the perversion and prostitution of the electoral apparatus, and of the
denial of due process of law.”

- Sanidad vs COMELEC ( 181 SCRA 529)

- But this evil does not obtain in a plebiscite where the electorate is asked to vote for or against
issues not candidates.

- MASS MEDIA

- ·Broadcast stations or entities are required to submit copies of their broadcast logs and
certificates of performance to the COMELEC for the review and verification of the frequency,
date, time and duration of advertisement broadcast for any candidate or political

- party;

- ·All mass media entities are required to furnish the COMELEC with a copy of all contracts for
advertising, promoting or opposing any political party or the candidacy of any person for public
office within 5 days after its signing;

23
- ·No franchise or permit to operate a radio or TV station shall be granted or issued, suspended or
cancelled during the election period.

- Media practitioners

- Moreover, media practitioners who are officials of a political party or members of the campaign
staff of a candidate or political party prohibited from using their media time or space to favor
any candidate or political party.

- Media practitioners or personalities who are candidates for any elective public office or are
campaign volunteers for or employed or retained in any capacity by any candidate or political
party shall be deemed resigned, if so required by their employer, or shall take a leave of absence
from their work as such during the campaign period.

- Public exhibitions

- No movie, cinematograph, or documentary portraying the life or biography of a candidate shall

be publicly exhibited in a theater, TV station or any public forum during the campaign period.
The same is true for movies, cinematographs and documentaries portrayed by actors or media
personalities who are themselves candidates.

- Application for permits to hold rally (Sec. 87, B.P. 881)

- The holding of peaceful political rallies during the campaign period is allowed. In order to hold
rallies, political parties must follow the requirements of local ordinances on the issuance of
permits. All applications for permits to hold meetings, rallies and other similar political activities
must be immediately posted in a conspicuous place in the city or municipal building, and the
receipt thereof acknowledged in writing. Such applications must be acted upon in writing by
local authorities concerned within 3 days after the filing thereof. If the application is not acted
upon within said period, it is deemed approved.

- The only justifiable ground for denial of the application for the permit is that a prior written
application by any candidate or political party for the same purpose has been approved.

- Denial of any application for said permit is appealable to the provincial election supervisor or to
the COMELEC whose decision shall be made within 48 hours and which shall be final and
executory.

- Notification of election registrar (Sec. 88, B.P. 881)

- The political party or candidate must notify the election registrar of any rally. Within 7 working
days, the political party or candidate must submit to the election registrar the expenses incurred
during the rally.

- Election surveys (Sec. 5, R.A. 9006)

- Election surveys, defined

- Election surveys refer to the measurement of opinions and perceptions of the voters as regards a
candidate's popularity, qualifications, platforms or a matter of public discussion in relation to the

24
 election, including voters' preference for candidates or publicly discussed issues during the
campaign period.

- Information required to be published in the survey

- During the election period, any person, natural as well as juridical, candidate or organization
who publishes a survey must likewise publish the following information:

- ·The name of the person, candidate, party or organization who commissioned or paid for the
survey;

- ·The name of the person, polling firm or survey organization who conducted the survey;

- ·The period during which the survey was conducted, the methodology used, including the
number of individual respondents and the areas from which they were selected, and the specific
questions asked;

- ·The margin of error of the survey;

- ·For each question for which the margin of error is greater than that reported above, the margin
of error for that question; and

- ·A mailing address and telephone number, indicating it as an address or telephone number at

which the sponsor can be contacted to obtain a written report regarding the survey in
accordance with Sec. 5.3 of R.A. 9006.

- It must be noted that Sec. 5.4 which prohibits the publication of surveys 15 days (for national
candidates) or 7 days (for local candidates) before an election was declared unconstitutional by
the Supreme Court in SWS v. COMELEC. The decision, which was penned by Justice V.V.
Mendoza, stated that the provision "constitutes an unconstitutional abridgment of freedom of
speech, expression and the press… as it imposes prior restraint and therefore, a direct and total
suppression of a category of expression even for a limited period."

- Exit polls

- An exit poll is a species of electoral survey conducted by qualified individuals or groups of

individuals for the purpose of determining the probable result of an election by confidentially
asking randomly selected voters whom they have voted for, immediately after they have officially
cast their ballots. The results of the survey are announced to the public, usually through the
mass media, to give an advance overview of how, in the opinion of the polling individuals or
organizations, the electorate voted. (ABS-CBN v. COMELEC)

- (Sec. 5.5, R.A. 9006) Exit polls may only be taken subject to the following requirements:

- ·Pollsters shall not conduct their surveys within 50 meters from the polling place, whether said
survey is taken in a home, dwelling place and other places;

- ·Pollsters shall wear distinctive clothing;

- ·Pollsters shall inform the voters that they may refuse to answer; and

25
- ·The result of the exit polls may be announced after the closing of the polls on election day, and
must clearly identify the total number of respondents, and the places where they were taken.
Said announcement shall state that the same is unofficial and does not represent a trend.

- ABS-CBN v. COMELEC (January 28, 2000)

- In this case, the Supreme Court held that exit polls are valid. They do not violate the principle of
secrecy of the ballot since such polls are purely voluntary on the part of the voter and do not
require him or her to reveal his or her ballot.

- Contributions (Sec. 94a, B.P. 881)

- "Contribution” includes a gift, donation, subscription, loan, advance or deposit of money or

anything of value, or a contract, promise or agreement to contribute, whether or not legally
enforceable, made for the purpose of influencing the results of the elections but shall not
include services rendered without compensation by individuals volunteering a portion or all of
their time in behalf of a candidate or political party. It shall also include the use of facilities
voluntarily donated by other persons, the money value of which can be assessed based on the
rates prevailing in the area.

- Prohibited contributions (Sec. 95, B.P. 881)

- No contribution for purposes of partisan political activity shall be made directly or indirectly by
any of the following:

- ·Public or private financial institutions.

- However, they are not prohibited from making any loan to a candidate or political party
if:

- (a)the financial institutions are legally in the business of lending money,

- (b)the loan is made in accordance with laws and regulations; AND,

- (c)the loan is made in the ordinary course of business.

- ·Natural and juridical persons operating a public utility or in possession of or exploiting any
natural resources of the nation;

- ·Natural and juridical persons who hold contracts or sub-contracts to supply the government or
any of its divisions, subdivisions or instrumentalities, with goods or services or to perform
construction or other works;

- ·Natural and juridical persons who have been granted franchises, incentives, exemptions,
allocations or similar privileges or concessions by the government or any of its divisions,
subdivisions or instrumentalities, including GOCCs;

- ·Natural and juridical persons who, within 1 year prior to the date of the election, have been
granted loans or other accommodations in excess of P100,000 by the government or any of its
divisions, subdivisions or instrumentalities including GOCCs;

26
- Prohibited contributions (Sec. 95, B.P. 881)

- ·Educational institutions which have received grants of public funds amounting to no less than
P100,000.00;

- ·Officials or employees in the Civil Service, or members of the Armed Forces of the Philippines;

- ·Foreigners and foreign corporations, including foreign governments. (Sec. 96, BP 881)

- It is unlawful for any person to solicit or receive any contribution from any of the persons or
entities enumerated.

- Prohibited raising of funds

- It is unlawful for any person to hold the following for the purpose of raising funds for an election
campaign or for the support of any candidate from the commencement of the election period up
to and including election day:

- ·dances,·lotteries, ·cockfights, ·games, ·boxing bouts, ·bingo, ·beauty contests,

- ·entertainments, or cinematographic, theatrical or other performances

- It is unlawful for any person or organization, whether civic or religious, directly or indirectly, to
solicit and/or accept from any candidate for public office, or from his campaign manager, agent
or representative, or any person acting in their behalf, any gift, food, transportation, contribution
or donation

- in cash or in kind from the commencement of the election period up to and including election
day.

- Note, however, that normal and customary religious stipends, tithes, or collections on Sundays
and/or other designated collection days, are excluded from this prohibition.

- Expenditures (Sec. 94b, BP 881)

- “Expenditure" includes the payment or delivery of money of anything of value, or a contract,

promise or agreement to make an expenditure, for the purpose of influencing the results of the
election. It shall also include the use of facilities personally owned by the candidate, the money
value of the use of which can be assessed based on the rates prevailing in the area.

- Limitations on expenditures (Sec. 13, R.A. 7166)

- The aggregate amount that a candidate or registered political party may spend for an election
campaign shall be as follows:

- For Candidates

- ·President and Vice-President: P 10 for every voter currently registered

- ·Other Candidates: P 3 for every voter current registered in the constituency where he filed his

- certificate of candidacy

- ·Candidates Without a Political Party: P 5 for every voter

27
- For Political Parties

- P 5 for every voter currently registered in the constituency or constituencies where it has official
candidates

- Persons authorized to incur expenditures (Sec. 103, B.P. 881)

- Only the following persons are permitted by law to make any expenditure in support of or in
opposition to any candidate or political party:

- ·The candidate;

- ·The treasurer of a political party;

- ·Any person authorized by such candidate or treasurer.

- Duties of candidates and political parties Accounting of contributions and

- expenditures

- (Sec. 105, B.P. 881)

- Every person receiving contributions or incurring expenditures by authority of the candidate or

treasurer of the party shall, on demand by the candidate or treasurer of the party, render to the
candidate or treasurer concerned a detailed account thereof with proper vouchers or official
receipts. Such

- accounting must be given within 5 days after receiving such contribution or incurring such

- expenditure.

- Keeping of detailed records of contributions and expenditures Keeping of records

- Every candidate and treasurer of the party shall keep detailed, full, and accurate records of all
contributions received and expenditures incurred by him and by those acting under his
authority, setting forth therein all information required to be reported. (Sec. 106b, B.P. 881)

- Filing of Statement of Contributions and Expenditures

- Duty to file

- Within 30 days after election day, the candidate and the treasurer of the political

- party must file with the COMELEC duplicate copies of the full, true and itemized statement

- of all contributions and expenditures in connection with the election. (Sec. 14, R.A. 7166)

- This requirement to file the statement covers even those who withdrew as candidates

- after having filed their certificates, because Sec. 14 of R.A. 7166 does not make any

- distinction. (Pilar v. COMELEC, 245 SCRA 759)

Failure of elections

28
 Grounds for declaration of failure of Elections

- In the case of Joseph Peter Sison v COMELEC (G.R. No. 134096, March 3, 1999),

- the Supreme Court said that there are only 3 instances where a failure of elections may be

declared, namely:

- (1)The election in any polling place has not been held on the date fixed on account of force
majeure, violence, terrorism, fraud, or other analogous causes;

- (2)The election in any polling place had been suspended before the hour fixed by law for the
closing of the voting on account of force majeure, violence, terrorism, fraud, or other analogous
causes; and

- (3)After the voting and during the preparation and transmission of the election returns or in the
custody or canvass thereof such election results in a failure to elect on account of force majeure,
violence, terrorism, fraud or other analogous causes.

- The causes for the declaration of a failure of election may occur before or after the casting of
votes or on the day of the election. (Sec. 4, R.A. 7166)

- How declared

- The declaration of a failure of election is decided by the COMELEC en banc by a majority vote of
its members. (Sec. 4, R.A. 7166)

- Holding or continuation of election

- The COMELEC shall call for the holding or continuation of the election on a date reasonably close
to the date of the election not held, suspended, or which resulted in a failure to elect but not
later than 30 days after the cessation of the cause of such suspension or failure to elect. ( Sec. 6,
B.P. 881)

- Postponement of elections

- Grounds for postponement of elections

- An election may be postponed by the COMELEC either motu proprio or upon a verified petition
by any interested party when there is violence, terrorism, loss or destruction of election
paraphernalia or records, force majeure, or other analogous cause of such a nature that the
holding of a free, orderly and honest election becomes impossible in any political subdivision.
(Sec. 5, B.P. 881)

- How declared

- The declaration of a postponement of election is decided by the COMELEC en banc by a majority

vote of its members. (Sec. 4, R.A. 7166)

Holding of election

- The COMELEC shall call for the holding of the election on a date reasonably close to the date of
the election not held, suspended, or which resulted in a failure to elect but not later than 30

29
 days after the cessation of the cause for such postponement or suspension of the election or
failure to elect. (Sec. 5, B.P. 881)

Special election (Sec. 4, R.A. 7166)

- In case a permanent vacancy occurs in the Senate or House of Representatives at least 1 year
before the expiration of the term, the COMELEC shall call and hold a special election to fill the
vacancy not earlier than 60 days nor longer than 90 days after the occurrence of the vacancy.
However, in case of such vacancy in the Senate, the special election shall be held simultaneously
with the succeeding regular election.

- N.B.

- For Local Government Officials, we follow the rules on succession as provided by the Local
Government Code. (Sec. 44 – 45 of RA 7160)

CASTING OF VOTES

Secrecy of the Ballot

- The distinguishing feature of this mode of voting, is that every voter is thus enabled to secure
and preserve the most complete and violable secrecy in regard to the person for whom he votes,
and thus escapes the influences which, under the system of oral suffrages, may be brought to
bear upon him with a view to overbear and intimidate, and thus prevent the real expression of
public sentiment.

- A legal voter will not be compelled to disclose for whom he voted. Moreover, third persons are
not permitted to testify to its purport.

- The voter may, however, if he chooses, waive his privilege of secrecy and voluntarily disclose the
contents of his ballot. Thus, it was held in the case of ABS-CBN v. COMELEC (January 28, 2000)
that exit polls are valid since they are voluntary and do not require a voter to reveal the contents
of his or her ballot if he or she does not want to.

Method of voting

Voter must vote in person.

- The voter must personally deposit his ballot. By the principle that what is done in one’s presence
and by his express direction is, in law, his act, an infirm or aged voter may undoubtedly employ
another to perform the mechanical act of depositing in the voter’s presence the ballot which the
latter has himself selected.

- Voter must vote but once.

- Each voter shall vote but once, at any election, for each office or measure to be voted for.

- Voter need not vote the whole ticket.

- It is entirely optional with the voter whether he will vote at all or not, and he may vote for such
offices as he chooses and for such of the several persons to be chosen to the same office as he
prefers.

30
 Absentee Voting

Local Absentee Voting

- Under RA 7166, absentee voting as provided for in EO 157 shall apply to the elections for
President, Vice-President, and Senators ONLY and shall be limited to:

- ·members of the AFP

- ·members of the PNP

- ·other government officers and employees who are duly registered voters and who, on election
day, may temporarily be assigned in connection with the performance of their election duties to
places where they are not registered voters.

Overseas Absentee Voting

- Under RA 9189, all citizens of the Philippines abroad, who are not otherwise disqualified by law,
at least eighteen (18) years of age on the day of elections, may vote for president, vice-
president, senators and party-list representatives.

Block Voting

- There is no longer block voting under current Philippine Election Laws, having been expressly
prohibited by Art. IX-C, Sec. 7 of the 1987 Constitution. However, it must be noted that under the
party-list system, votes may be counted in favor of political parties, organizations or coalitions
rendered under said system. This, in a way, may be construed as the exception to the prohibition
on block voting.

Voting Hours

- GENERAL RULE: The casting of votes shall be at 7 a.m. and shall end at 3 p.m. (This does not
apply to automated elections)

- EXCEPTION: When there are voters present within 30 meters in front of the polling place who
have not yet cast their votes, in which case the voting shall continue but only to allow said voters
to cast their votes without interruption. The poll clerk shall prepare a complete list containing
the names of said voters consecutively numbered, and the voters so listed shall be called to vote
by announcing each name repeatedly three times in the order in which they are listed. Any voter
in the list who is not present when his name is called out shall not be permitted to vote.

Board of Election Inspectors

- Composition

- The Board of Election Inspectors is composed of three (3) persons, namely:

- ·chairman

- ·poll clerk

- ·member

31
- The entire Board shall be composed of public school teachers, priority to be given to those with
permanent appointments. (Sec. 164, BP 881, as amended by Sec. 13, R.A. 6646)

- However, in case there are not enough public school teachers, the following may be appointed
for election duty:

- ·teachers in private schools;

- ·employees in the civil service; or

- ·other citizens of known probity and competence who are registered voters of the city or
municipality

Board of Election Inspectors

- Qualifications

- 1) public school teachers

- 2) be of good moral character and irreproachable reputation

- 3) a registered voter of the City or municipality

- 4) never been convicted of any election offense or any other crime punishable by more than 6
months imprisonment 5) able to speak and write English or the local dialect

- Disqualifications

- 1) must not be related within the 4th civil degree by consanguinity or affinity to any member of
the BEI or to any candidate to be voted for in the polling places

- 2) must not engage in any partisan political activity

Powers of the Board of Election Inspectors (Sec. 168, BP 881)

- The board of election inspectors shall have the following powers and functions:

- ·Conduct the voting and counting of votes in their respective polling places;

- ·Act as deputies of the Commission in the supervision and control of the election in the polling
places wherein they are assigned, to assure the holding of the same in a free, orderly and honest
manner;

- ·Perform such other functions prescribed by the Omnibus Election Code or by the rules and
regulations promulgated by the COMELEC

Proceedings

- Shall be public and held only in the polling places

- Exception: the counting of the votes and the preparation of the return may be done in the
nearest safe baranggay or school building within the municipality BY unanimous vote of the
board and concurred in by the majority of the watchers present IF there is imminent danger of
violence, terrorism, disorder or similar causes.

32
- The BEI shall act through its Chariman, and shall decide without delay by majority vote all
questions which may arise in the performance of its duties.

Prohibitions on the Board of Election Inspectors

- No member of the Board shall, before the termination of the voting, make any announcement as
to whether a certain registered voter has already voted or not, as to how many have already
voted or how many so far have failed to vote, or any other fact tending to show or showing the
state of the polls, nor shall he make any statement at any time as to how any person voted,
except as witness before a court. (Sec. 205, BP 881)

Watchers

- Each candidate and each political party or coalition of political parties duly registered with the
Commission including those participating under the party list system of representation, may
appoint two watchers, to serve alternately, in every polling place. However, candidates for
Sangguniang Panlalawigan, Sangguniang Lunsod and Sangguniang Bayan, belonging to the same
ticket or slate shall collectively entitled to 1 watcher.

- Duly accredited citizens’ arms of the Commission, shall be entitled to appoint a watcher in every
polling place. Other civic, religious, professional, business, service, youth, and other similar
organization, with prior authority from the Commission, shall be entitled collectively, to appoint
1 watcher in polling place.

Qualifications:

- 1) Qualified voter of the city or municipality

- 2) Good reputation

- 3) Never been convicted of any election offence or any crime

- 4) Knows how to read and write English, Pilipino or any of the prevailing local dialects

- 5) Not related within the 4th civil degree by consanguinity or affinity to any member of the BEI in
the polling place where he seeks appointment as watcher.

Watchers

Rights and duties:

- 1) Stay in the space reserved for then inside the polling place

- 2) Witness and inform themselves of the proceedings of the BEI

- 3) Take notes, photographs of proceedings

- 4) File protests against any irregularities or violation of law

- 5) Be furnished with a certificate of the number of votes cat for each candidate, duly signed and
thumb marked by the members of the BEI.

CASTING OF VOTES

33
 Authentication of the ballot

- In every case, before delivering an official ballot to the voter, the chairman of the Board of
Election Inspectors shall affix his signature at the back of the ballot in the presence of the voter.
Failure to authenticate shall be noted in the minutes of the Board of Election Inspectors and shall
constitute an election offense. (Sec. 24, R.A. 7166)

- There is nothing in the law that provides that a ballot which has not been authenticated shall be
deemed spurious. The law merely makes the Chairman of the Board of Election Inspectors
accountable for such an omission. (Libanan v. HRET, G.R. No. 129783,December 22, 1997) Thus,
it was held in Punzalan v. COMELEC (289 SCRA 702) that the ballot is valid even if it is not signed
at the back by the BEI Chairman.

Preparing the ballot and voting

(1) The voter, upon receiving his folded ballot, shall forthwith proceed to one of the empty
voting booths and shall there fill his ballot by writing in the proper space for each office the
name of the individual candidate for whom he desires to vote.

- No voter shall be allowed:

- ·to enter a booth occupied by another, nor enter the same accompanied by somebody, except as
provided for in the succeeding section hereof;

- ·to stay therein for a longer time than necessary

- ·to speak with anyone other than as herein provided while inside the polling place.

- It shall be unlawful:

- ·to prepare the ballot outside the voting booth;

- ·to exhibit its contents to any person

- ·to erase any printing from the ballot

- ·to intentionally tear or deface the same or put thereon any distinguishing mark;

- ·to use carbon paper, paraffin paper, or other means for making a copy of the contents of the
ballot;

- ·to make use of any other means to identify the vote of the voter.

Preparing the ballot and voting

- Preparation of Ballots for Illiterates and Disabled Persons (Sec. 196, B.P. 881)

- No voter shall be allowed to vote as an illiterate or as a physically disabled unless it is so

indicated in his registration record.

- A voter who is illiterate or physically unable to prepare the ballot by himself may be assisted in
the preparation of his ballot by the following:

- (a)a relative by affinity or consanguinity within the fourth civil degree, or

34
- (b)if (a) is not available, then any person of his confidence who belongs to the same household;
or

- (c)any member of the board of election inspectors.

- In no case shall an assistor assist more than 3 times.

- The person assisting shall:

- ·prepare the ballot for the

- illiterate or disabled voter inside the voting booth;

- ·bind himself in a formal document under oath to fill out the ballot strictly in accordance with
the instructions of the voter and not to reveal the contents of the ballot prepared by him.

- A violation of these 2 duties shall constitute an election offense.

Preparing the ballot and voting

Spoiled Ballots

- If a voter should accidentally spoil or deface a ballot in such a way that it cannot lawfully be
used, he shall surrender it folded to the chairman who shall note in the corresponding space in
the voting record that said ballot is spoiled. The voter shall then be entitled to another ballot
which the chairman shall give him after announcing the serial number of the second ballot and
recording the serial number in the corresponding spaces in the voting record. No voter shall
change his ballot more than once. (Sec. 14, R.A. 8436)

- The spoiled ballot shall, without being unfolded and without removing the detachable coupon,
be distinctly marked with the word "spoiled" and signed by the board of election inspectors on
the endorsement fold thereof and immediately placed in the compartment for spoiled ballots.

- 2) After the voter has filled his ballot he shall fold it in the same manner as when he received it
and return it to the chairman.

- (3) In the presence of all the members of the board of election inspectors, he shall affix his
thumbmark on the corresponding space in the coupon, and deliver the folded ballot to the
chairman.

- (4) The chairman, in the presence and view of the voter and all the members of the board of
election inspectors, without unfolding the ballot or seeing its contents, shall verify its number
from the voting record where it was previously entered.

- Any ballot whose number does not coincide with the number of the ballot delivered to the voter,
as entered in the voting record, shall be considered as spoiled and shall be so marked and signed
by the members of the board of election inspectors.

- (5) The voter shall affix his thumbmark by the side of his signature in the space intended for
that purpose in the voting record and the chairman shall apply silver nitrate and commassie
blue on the right forefinger nail or on any other available finger nail, if there be no forefinger
nail.

35
- (6) The chairman shall sign in the proper space beside the thumbmark of the voter.

- (7) The chairman, after finding everything to be in order, shall then detach the coupon in the
presence of the board of election inspectors and of the voter and shall deposit the folded
ballot in the compartment for valid ballots, and the detached coupon in the compartment for
spoiled ballots.

- Any ballot returned to the chairman whose detachable coupon has been removed not in the
presence of the board of election inspectors and of the voter, shall be considered as spoiled and
shall be so marked and signed by the members of the board of election inspectors.

- (8) The voter shall then depart.

- Challenge of Illegal Voters (Sec. 199, B.P. 881)

- Any voter or watcher may challenge any person offering to vote for not being registered, for
using the name of another or suffering from existing disqualification. In such case, the board of
election inspectors shall satisfy itself as to whether or not the ground for the challenge is true by
requiring proof of registration or the identity of the voter.

- No voter shall be required to present his voter's affidavit on election day unless his identity is
challenged. His failure or inability to produce his voter's affidavit upon being challenged, shall
not preclude him from voting if his identity be shown from the photograph, fingerprints, or
specimen signatures in his approved application in the book of voters or if he is identified under
oath by a member of the board of election inspectors and such identification shall be reflected in
the minutes of the board.

Challenge Based on Certain Illegal Acts (Sec. 200, B.P. 881)

- Any voter or watcher may challenge any voter offering to vote on any of the following grounds:

- ·that the challenged person has received or expects to receive, has paid, offered or promised to
pay, has contributed, offered or promised to contribute money or anything of value as
consideration for his vote or for the vote of another;

- ·that he has made or received a promise to influence the giving or withholding of any such vote;
or

- ·that he has made a bet or is interested directly or indirectly in a bet which depends upon the
result of the election..

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

Non-conclusiveness of admission of challenged vote (Sec. 201, B.P. 881)

- It must be noted that the admission of the challenged vote shall not be conclusive upon any
court as to the legality of the registration of the voter challenged or his vote in a criminal action
against such person for illegal registration or voting.

36
 COUNTING OF VOTES

- The counting of votes is conducted by the Board of Election Inspectors, which shall not adjourn
or postpone or delay the count until it has been fully completed, unless otherwise ordered by
the COMELEC.

Counting to be Public and Without Interruption

- As soon as the voting is finished, the board of election inspectors shall publicly count in the
polling place the votes cast and ascertain the results. The Board shall not adjourn or postpone or
delay the count until it has been fully completed, unless otherwise ordered by the COMELEC.

Venue for counting of votes

- The COMELEC in the interest of free, orderly, and honest elections, may order the board of
election inspectors to count the votes and to accomplish the election returns and other forms
prescribed under the Omnibus Election Code in any other place within a public building in the
same municipality or city. The public building shall not be located within the perimeter of or
inside a military or police camp or reservation nor inside a prison compound. If it becomes
necessary to transfer the counting of votes to a safer place on account of imminent danger of
violence, terrorism, disorder or similar causes, the Board of

- Election Inspectors may effect such transfer by unanimous approval by the Board and
concurrence by the majority of the watchers present. (Sec. 18, R.A. 6646)

Manner of Counting Votes

- (Under Republic Act 9369, the manner of voting, counting and canvassing of votes is done
through the Automated Elections System)

- For manual elections:

- The BET shall unfold the ballots and form separate piles of one hundred (100) ballots each,
which shall be held together with rubber band. The Chairman shall take the ballots of the first
pile one by one and read the names of the candidates voted for.

- In reading the ballots during the counting, the Chairman, the Poll Clerk and the Third Member
shall assume such positions as to provide the watchers and the public as may be conveniently
accommodated in the polling place, an unimpeded view of the ballot being read by the
Chairman, of the ER and the tally board being simultaneously accomplished by the, Poll Clerk
and the Third Member respectively, without touching any of these election documents. The
table shall be cleared of all unnecessary writing paraphernalia.

- The Poll Clerk and Third Member shall record each vote on the ERs and tally board respectively
as the name of the candidate voted for is read. Each vote for a candidate shall be recorded by a
vertical line, except every fifth vote for the same candidate, which shall be recorded by a
diagonal line crossing the previous four vertical lines.

Manner of Counting Votes

- The same procedure shall be followed with the succeeding piles of ballots.

37
- After all the ballots have been read, the BET shall record in words and figures, the total votes
obtained by each candidate both in the ERs and in the tally board. The counted ballots shall be
placed in an envelope provided for the purpose, which shall be sealed, signed and deposited in
the compartment for valid ballots. The tally board as accomplished and certified by the BET shall
not be changed or destroyed, instead, it shall be deposited in the compartment for valid ballots.

- After completion of the counting of the votes cast for the barangay elections, the BET shall
announce the result of the elections of barangay officials in the precinct, then proceed to unlock
the padlock, open the ballot box, take out the ballots for the SK elections, place the
accomplished barangay ERs and barangay tally board inside the ballot box, lock the same, and
proceed with the counting of the votes cast for the SK elections, announcement of results and
safekeeping of ERs and tally board, using the same procedure above stated

Marked Ballots

Marked ballots defined

- Marked ballots are ballots containing a distinguishing mark which would tend to

- identify the voter who cast such ballot.

Purpose of Disallowing Marked Ballots

- Some unscrupulous persons taking advantage of their influence or political prestige may require
voters to place a distinguishing “mark” on their ballot, in consideration of some promise, reward
or other valuable consideration and to which the voters would have no escape because of the
distinguishing marks required of them to place on their ballots. This threatens the independence
of the voters in the exercise of their right to vote. Hence, the prohibition on marked ballots.

Effect of Marked Ballots

- Marked ballots are invalidated in their entirety, and none of the votes therein are counted.

Determination of Marked Ballots

- In discounting marked ballots, great care should be used in rejecting them. Election laws are
designed to effectuate the will of the electorate. Only in an unmistakable case where the ballot
appeared to be marked, should it be rejected.

- The determinative factor in the nullification of ballots for being marked as following a design or
pattern, is the existence of evidence aliunde tending to show the intention or purpose in the use
of the contested manner or means of voting, which is to identify the ballots. In the absence of
evidence aliunde clearly showing the intention or plan was for purposes of identification, signs
on ballots are presumed accidental. A majority vote of the board of election inspectors shall be
sufficient to determine whether a ballot is marked or not.

- All marked ballots shall be placed in an envelope labeled "marked ballots" which shall be sealed
and signed by the members of the board of election inspectors and placed in the compartment
for valid ballots and shall not be counted.

Determination of Marked Ballots

38
- In discounting marked ballots, great care should be used in rejecting them. Election laws are
designed to effectuate the will of the electorate. Only in an unmistakable case where the ballot
appeared to be marked, should it be rejected.

- The determinative factor in the nullification of ballots for being marked as following a design or
pattern, is the existence of evidence aliunde tending to show the intention or purpose in the use
of the contested manner or means of voting, which is to identify the ballots. In the absence of
evidence aliunde clearly showing the intention or plan was for purposes of identification, signs
on ballots are presumed accidental. A majority vote of the board of election inspectors shall be
sufficient to determine whether a ballot is marked or not.

- All marked ballots shall be placed in an envelope labeled "marked ballots" which shall be sealed
and signed by the members of the board of election inspectors and placed in the compartment
for valid ballots and shall not be counted.

Excess Ballots

- The BET shall, without unfolding the ballots or exposing their contents, count the number of
ballots in the compartment for valid ballots, and compare the number of ballots inside the ballot
box with the number of voters who actually voted as reflected in the PCVL/EDCVL. If there are
more ballots than there are voters who actually voted, all the ballots shall be returned to the
compartment for valid ballots and thoroughly mixed therein. The Poll Clerk, without seeing the
ballots and with his back to the ballot box, shall publicly draw out as many ballots as may be
equal to the excess and, without unfolding them, place them in the Envelope for Excess Ballots.
If in the course of the examination, ballots are found folded together before they were deposited
inside the ballot box, they shall be considered excess ballots and placed in the corresponding
envelope.

Spoiled Ballots

- If a voter accidentally spoils or defaces a ballot in such a way that it cannot lawfully be used, he
shall surrender it folded in the same way when it was issued, to the Chairman of the BET. The
Chairman shall write the word “spoiled” in the corresponding space above the “Ballots SN”
previously recorded in the EDCVL. The Chairman shall then give the voter a second
authenticated ballot after announcing its SN with the Poll Clerk recording the same in the EDCVL
above the word “spoiled”. However, in cases of spoiled ballots under paragraphs b, d and e of
the immediately succeeding section, the voter shall not be issued another ballot.

- If the second ballot is again spoiled or defaced in such a way that it can no longer be lawfully
used, the same shall be surrendered to the Chairman in the same manner as the first spoiled or
defaced ballot. No voter shall be allowed to change his spoiled/defaced ballot more than once.

- The spoiled ballot shall, without being unfolded and without removing the detachable coupon,
be distinctly marked with the word “spoiled”, signed by the Chairman at the back thereof and
deposit it in the compartment for spoiled ballots of the ballot box.

- If the SN does not tally with the SN as entered in the EDCVL, the ballot shall be considered
“spoiled” and shall be so marked and signed by the Chairman, and placed inside the
compartment for spoiled ballots. Such fact shall be indicated in Part C of the Minutes.

39
- If a voter refuses to have his fingernail stained with indelible ink, he shall be informed that such
refusal shall render his ballot spoiled.

- Any ballot returned to the Poll Clerk, the detachable coupon of which has been removed not in
the presence of the other members of the BET and of the voter, shall be considered “spoiled”,
accordingly marked, signed by the Chairman and placed inside the compartment for spoiled
ballots. Such fact shall be noted in the Part C of the Minutes.

- Excess, spoiled and marked ballots shall not be read during the counting of votes. The envelope
containing the excess and marked ballots shall be signed and sealed by the members of the BET
and deposited in the compartment for valid ballots.

- Ballots deposited in the compartment for spoiled ballots shall be presumed to be spoiled,
whether or not they contain such notation; but if the BET should find that during the voting, any
valid ballot was erroneously deposited in this compartment, the BET shall open said
compartment after the voting and before the counting of votes for the sole purpose of drawing
out the ballot erroneously deposited therein. The valid ballot so withdrawn shall be mixed with
other valid ballots. Such fact shall be recorded in Part C of the Minutes.

Appreciation of Ballots

- In the reading and appreciation of ballots, every ballot shall be presumed to be valid unless there
is a clear and good reason to justify rejection. DOUBTS are to be resolved in FAVOR of the validity
of ballots. The purpose is of election laws is to give effect and not to frustrate the WILL of the
voter. LIBERAL CONSTRUCTION in reading the ballots, and intendments should be in favor of a
reading which render the ballot EFFECTIVE rather than in favor of a conclusion which on some
technical grounds would render it ineffective.

- Bautista v. Castro

- In appreciating a ballot, the object should be to ascertain and carry into effect the intention of
the voter if it can be determined with reasonable certainty.

- Sanchez v. COMELEC

- Appreciation of ballots is a function of the BEI, not the Board of Canvassers.

Some rules:

1. Idem sonans

- A name or surname incorrectly written which, when read, has a sound similar of a candidate
when correctly written shall be counted in his favor.

- Based on the principle that misspelling of a name or lack of skill in writing should not be taken as
a ground for rejecting the votes apparently intended for a candidate, as long as the intention of
the voter appears to be clear.

40
 - The question of whether or not a name sounds the same as another is not one of spelling but of
pronunciation.

i.e. “Sarinas” and “Sarenas”

2. First name and Surname

- When on the ballot is written a single word which is the first name of a candidate and which is at
the same time the surname of his opponent, the vote shall be counted in favor of the latter. (i.e.
“Bayani Fernando” and “Fernando Poe” and only “Fernando” is written)

- When two words are written on the ballot, one of which is the first name of the candidate and
the other is the surname of his opponent, the vote shall not be counted for either.

- (i.e. “Bayani Ägbayani” and “Fernando Poe” and “Bayani Fernando” is written)

3. Equity of the Incumbent Rule

- If there are two or more candidates with the same full name, first name or surname and one of
them is the incumbent, and on the ballot is written only such full name, first name or surname,
the vote shall be counted in favor of the incumbent.

- (i.e. Miriam Santiago and Irene Santiago)

4. Neighborhood rule

Misplacement of a name written:

(a) off-center from the designated space,

(b) slightly underneath the line for the contested office,

(c) immediately above the title for the contested office, or

(d) in the space for an office immediately following that for which the candidate presented himself.

In these instances, the misplaced votes are nevertheless credited to the candidates for the office
for which they presented themselves because the voters’ intention to so vote is clear from the face of
the ballots. This is in consonance with the settled doctrine that ballots should be appreciated with
liberality to give effect to the voters’ will.

This rule applies only when the blank for the position to which the candidate’s name pertains, is left
blank.

5. Prefixes, nicknames and appellations

Ballots which contain prefixes such as "Sr.", "Mr.", "Datu", "Don", "Ginoo", "Hon.", "Gob." or suffixes like
"Hijo", "Jr.", "Segundo", are valid.

The use of the nicknames and appellations of affection and friendship, if accompanied by the first name
or surname of the candidate, does not annul such vote, except when they were used as a means to
identify the voter, in which case the whole ballot is invalid: Provided, That if the nickname used is
unaccompanied by the name or surname of a candidate and it is the one by which he is generally or

41
popularly known in the locality, the name shall be counted in favor of said candidate, if there is no other
candidate for the same office with the same nickname.

Election Returns

The election returns show the date of the election, the polling place, the barangay and the city of
municipality in which it was held, the total number of ballots found in the compartment for valid ballots,
the total number of valid ballots withdrawn from the compartment for spoiled ballots because they were
erroneously placed therein, the total number of excess ballots, the total number of marked or void
ballots, and the total number of votes obtained by each candidate, writing out the said number in words
and figures and, at the end thereof, the board of election inspectors shall certify that the contents are
correct.

This is the document which serves as the basis of canvassing (COC) and the only document that
constitutes sufficient evidence of the true and genuine results of the elections.

For Manual elections: 7 copies for local elections (except when automated)

4 copies for barangay elections (COMELEC Resolution No. 9751)

For Automated elections: 30 copies (RA 9369)

Announcement of Results of Elections

The chairman of the Board of Election Inspectors shall make an ORAL and PUBLIC

ANNOUNCEMENT of the TOTAL number of votes in the polling place for EACH candidate

by the upon the completion of the election returns

Certificate of Votes (RA 6646)

After the counting of the votes cast in the precinct and announcement of the results of the election, and
before leaving the polling place, the board of election inspectors shall issue a certificate of votes upon
request of the duly accredited watchers. The certificate shall contain the number of votes obtained by
each candidate written in words and figures, the number of the precinct, the name of the city or
municipality and province, the total number of voters who voted in the precinct and the date and time
issued, and shall be signed and thumbmarked by each member of the board.

The certificate of votes shall be admissible in evidence to prove tampering, alteration, falsification or any
anomaly committed in the election returns concerned, when duly authenticated by testimonial or
documentary evidence presented to the board of canvassers by at least two members of the board of
election inspectors who issued the certificate: Provided, That failure to present any certificate of votes
shall be a bar to the presentation of other evidence to impugn the authenticity of the election returns.

Certificate of Votes (RA 6646)

Balindong v. COMELEC (1989)

The following are the functions of the Certificate of Votes:

42
1.) To prevent or deter the members of the BEI or other officials from altering the statement because
they know of the existence of such certificate;

2.) To advise the candidate definitely of the number of his votes, so that in case the election statement
submitted to the BOC does not tally with the certificate in his hands, he may proceed to the COMELEC
office and secure official copy of statements there and present such copy to the BOC and demand
appropriate remedy; and

3.) To serve as evidence of fraud in election protests cases and in subsequent prosecution of the election
offenses against those liable therefore.

It was held in the case of Garay v. COMELEC (261 SCRA 222) that a Certificate of Votes can never be a
valid basis for canvass, and does not constitute sufficient evidence of the true and genuine results of the
elections; only election returns are. Failure to present any certificate of votes shall be a bar to the
presentation of other evidence to impugn the authenticity of the election returns. (Sec. 17, R.A. 6646)

Canvassing

The canvass of votes refers to the process by which the results in the election returns are tallied and
totaled.

Certificates of canvass are official tabulations of votes accomplished by district, municipal, city and
provincial canvassers based on the election returns, which are the results of the ballot count at the
precinct level.

Nature of canvass proceedings

Canvass proceedings are administrative and summary in nature. A majority vote of all the members of
the board shall be necessary to render a decision. (Sec 255 BP 881)

Any registered political party, coalition of parties, through their representatives, and any candidate has a
right to be present and to counsel during the canvass of election returns. They shall have the right to
examine the returns being canvassed without touching them, to make their observations thereon, and
file their charges in accordance with the rules and regulations of the COMELEC. (Sec 25, RA 6646)

The Board of Canvassers

National Board of Canvassers

Congress – for President and Vice-President

COMELEC En Banc – for Senate

Provincial Board of Canvassers

For Provincial Governor, Vice Governor, Sangguniang Panlalawigan, Congressman

Provincial Election Supervisor(Chair), Provincial Prosecutor (Vice Chair), Prov. DepEd Superintendent

City Board of Canvassers

For Mayor, Vice-Mayor, Sangguniang Panlungsod, Congressman (HUC)

43
City Election Supervisor(Chair),City Prosecutor(Vice Chair), DepEd Superintendent(Member)

Municipal Board of Canvassers

For Mayor, Vice-Mayor, Sangguniang Pambayan

Municipal Election Officer(Chair), Municipal Treasurer (Vice chair), DepEd Supervisor (Member)

The Board of Canvassers

Substitutions

For Chairman of PBOC & CBOC – COMELEC lawyer

For Chairman of MBOC – COMELEC officer

For Vice-chairman/Member of PBOC:

(1)Provincial auditor

(2)Registrar of Deeds

(3)Clerk of Court nominated by the Executive Judge of the RTC;

(4)Any other available appointive provincial official

For Vice-chairman/Member of CBOC:

(1)City auditor or equivalent;

(2)Registrar of Deeds;

(3)Clerk of Court nominated by the Executive Judge of the RTC;

(4)Any other available appointive city official

For Vice-chariman/Member of MBOC

(1)Municipal Administrator;

(2)Municipal Assessor;

(3)Clerk of Court nominated by the Executive Judge of the MTC;

(4)Any other available appointive municipal official

Prohibitions

·The chairman and the members of the Board of Canvassers shall not be related within the 4 th civil
degree of consanguinity or affinity to any of the candidates whose votes will be canvassed by said board,
or to any member of the said board. (Sec. 222, B.P. 881)

·No member or substitute member of the different boards of canvassers shall be transferred, assigned or
detailed outside of his official station, nor shall he leave said station without prior authority of the
COMELEC during the period beginning election day until the proclamation of the winning candidates.
(Sec. 223, B.P. 881)

44
·No member of the board of canvassers shall feign illness in order to be substituted on

election day until the proclamation of the winning candidates. Feigning of illness constitutes an election
offense. (Sec. 224, B.P. 881)

Jurisdiction of COMELEC over the Board of Canvassers

COMELEC has direct control and supervision over the board of canvassers. Any member of the Board
may, at any time, be relieved for cause and substituted motu propio by the COMELEC. (Sec. 227, B.P. 881)

COMELEC has the power to investigate and act on the propriety or legality of the canvass of election
returns made by the board of canvassers.

Nature of the Board of Canvassers’ Duties

A canvassing board's task is to compile and add the results as they appear in the election returns
transmitted to it. (Guiao v. COMELEC, 137 SCRA 366)

The COMELEC shall have direct control and supervision over the board of canvassers. During the canvass,
the Board of Canvassers prepares the Statement of Voters, which is tabulation per precinct of the votes
obtain by the candidates as reflected in the election returns. It is this Statement of Votes which forces
the basis of the certificate of canvass and of the proclamation.

Nature of the Board of Canvassers’ Duties

When Ministerial

If there are no irregularities in the election returns, the duty of the Board in canvassing the votes on the
election returns submitted to it consists in the simple matter of arithmetic. Once the COMELEC or the
board of canvassers is satisfied in the authenticity of the returns, it has no power to look beyond the
face thereof, and its task of tallying is merely

ministerial.

When there is an error in the computation which is discovered after proclamation, the board of
canvassers can simply correct the error; the remedy being purely administrative.

When Quasi-Judicial

The board of canvassers must be satisfied that the election returns submitted to it are genuine and
authentic. Thus, the board of canvassers will not be compelled to canvass the returns when they are
found to be:

·obviously manufactured;

·contrary to probabilities;

·clearly falsified; or

·not legible

When Ministerial

45
If there are no irregularities in the election returns, the duty of the Board in canvassing the votes on the
election returns submitted to it consists in the simple matter of arithmetic. Once the COMELEC or the
board of canvassers is satisfied in the authenticity of the returns, it has no power to look beyond the
face thereof, and its task of tallying is merely ministerial.

When there is an error in the computation which is discovered after proclamation, the board of
canvassers can simply correct the error; the remedy being purely administrative.

When Quasi-Judicial

The board of canvassers must be satisfied that the election returns submitted to it are genuine and
authentic. Thus, the board of canvassers will not be compelled to canvass the returns when they are
found to be:

·obviously manufactured;

·contrary to probabilities;

·clearly falsified; or

·not legible

Duties of the Different Board of Canvassers

Preparation of the Certificate of Canvass and Statement of Votes

Certificate of canvass

The respective board of canvassers shall prepare a certificate of canvass duly signed and affixed with the
imprint of the thumb of the right hand of each member, supported by a statement of the votes received
by each candidate in each polling place and, on the basis thereof, shall proclaim as elected the
candidates who obtained the highest number of votes cast in the province, city, municipality or
barangay. (Sec. 231, B.P. 881)

Statement of votes

The statement of votes is a tabulation per precinct of votes garnered by candidates as reflected in the
election returns; its preparation is an administrative function of the board, purely a mechanical act over
which COMELEC has direct control and supervision.

The Statement of Votes supports the certificate of canvass and is the basis of proclamation.
Consequently, any error in the Statement of Votes would affect the proclamation made on the basis
thereof.

PROCLAMATION

After the canvass of election returns, in the absence of a perfected appeal to the COMELEC, the Board of
Canvassers shall proclaim the candidates who obtained the highest number of votes cast in the province,
city, municipality or barangay, on the basis of

46
the certificates of canvass.

The Board of Canvassers shall not proclaim any candidate as winner unless authorized by the COMELEC
after the latter has ruled on any objections brought to it on appeal by a losing party. Any proclamation
made in violation hereof shall be void ab initio, unless the contested returns will not adversely affect the
results of the election.

Once the Board of Canvassers has completed its duty, the board cannot meet again and re-canvass the
votes or reverse their prior decision and announce different results.

When proclamation void

A proclamation is void when it is based on incomplete returns (Castromayor v.

COMELEC, 250 SCRA 298) or when there is yet no complete canvass (Jamil v. COMELEC, G.R. No. 123648,
Dec. 15, 1997).

A void proclamation is no proclamation at all, and the proclaimed candidate’s assumption into office
cannot deprive the COMELEC of its power to annul the proclamation.

Utto vs. Comelec (Gr 150111 Jan 31, 2002)

An incomplete canvass of votes is illegal and cannot be made the basis of a proclamation. A canvass
cannot be reflective of the true vote of the electorate unless all returns are considered and none is
omitted.

The fact that a candidate illegally proclaimed has assumed office is not a bar to the exercise by the
Comelec of the authority to annul any canvass and proclamation illegally made.

Where a proclamation is null and void, the proclaimed candidate’s assumption of office cannot deprive
the Comelec of the power to declare such a proclamation a nullity.

Partial proclamation (Sec. 21, R.A. 7166)

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

Special case in Automated Election System: Lowering of Threshold

If based on the verification of non-transmittal of results, it becomes clear that there is no way that the
lacking results can be transmitted to the BOC and said results will no longer affect the results of the
election/the standing of the candidates in a particular position, the Board shall upon approval of the
Commission can lower the threshold and generate and print the COC by position.

Election Resulting in a Tie

A tie occurs when:

(a) 2 or more candidates receive an equal and highest number of votes; or

(b) 2 or more candidates are to be elected for the same position and 2 or more candidates received the
same number of votes for the LAST PLACE in the number to be elected.

47
The board of canvassers, by resolution, upon 5 days notice to all tied candidates, shall hold a special
PUBLIC MEETING at which the board shall proceed to the DRAWING OF LOTS of the candidates who have
tied and shall proclaim as elected the candidates who may be favored by luck.

The candidates so proclaimed shall have the right to assume office in the same manner as if he had been
elected by plurality of votes.

The board of canvassers shall forthwith make a certificate stating the name of the candidate who had
been favored by luck and his proclamation on the basis thereof. Nothing in the above shall be construed
as depriving a candidate of his right to contest the election.

PROCLAMATION

Proclamation of a Lone Candidate (R.A. 8295)

Upon the expiration of the deadline for the filing of certificates of candidacy in a special election called
to fill a vacancy in an elective position other than for President and Vice-President, when there is only
one (1) qualified candidate for such position, the lone candidate shall be proclaimed elected to the
position by proper proclaiming body of the COMELEC without holding the special election upon
certification by the COMELEC that he is the only candidate for the office and is therefore deemed
elected. (Sec. 2)

In the absence of any lawful ground to deny due course or cancel the certificate of candidacy in order to
prevent such proclamation, as provided for under Sec. 69 and 78 of the Omnibus Election Code, the lone
candidate shall assume office not earlier than the scheduled election day. (Sec. 3)

The COMELEC shall decide petitions for disqualification not later than election day.

Otherwise, such petitions shall be deemed dismissed. (Sec. 3)

MODES OF CHALLENGING CANDIDACY

According to Prof. Barlongay, disqualifications may be classified into 4 categories: (1) nuisance candidacy;
(2) falsity of material representation in the certificate of candidacy. (3) status; (4) acts;

1.) Declaration of Nuisance Candidacy

Grounds: One who files a certificate of candidacy:

(a)To put the election process in mockery or disrepute; or

(b)To cause confusion among the voters by the similarity of the names of the registered

candidates, or

(c)Clearly demonstrating that he/she has no bona fide intention to run for the office which the certificate
of candidacy has been filed, and thus prevents a faithful determination of the true will of the electorate.
(Sec. 69, BP 881)

Who May File: Any candidate for the same office

When: Within 5 days from the last day for the filing of certificates of candidacy

48
2.) Cancellation/Denial of Due Course of Certificate of Candidacy

Grounds:

(a)False material representation in the certificate of candidacy;

(b)If the certificate filed is a substitute Certificate of Candidacy, when it is not a proper case of
substitution

Who May File: Any citizen of voting age, or A duly registered political party, organization, or coalition of
political parties

When: Within 5 days from the last day for the filing of certificates of candidacy

3.) Status

Status

(a)Lack of Filipino citizenship;

(b)Lack of residency requirement;

(c)Insanity or incompetence, as declared by competent authority;

(d)Permanent residence or immigrant status in a foreign country, unless such person has waived his
status as permanent resident or immigrant in accordance with the residence requirement provided for in
the election laws (Sec. 68, BP 881)

3.) Acts

Sentence by final judgment for:

·Subversion, insurrection, rebellion;

·Any offense for which the candidate has been sentenced to a penalty of more than 18 months of
imprisonment;

·Any offense involving moral turpitude;

·Having given money or other material consideration to influence, induce or corrupt the voters or public
officials performing electoral functions (Sec. 68a, BP 881);

·Having committed acts of terrorism to enhance his candidacy (Sec. 68b, BP 881);

·Having spent in his election campaign an amount in excess of that allowed by the Omnibus

Election Code (Sec. 68c, BP 881);

·Having solicited, received or made any contribution prohibited under the Omnibus Election Code (Sec.
68d, BP 881; cf. Secs. 89, 95, 96, 97 and 104);

·Having engaged in election campaign or partisan political activity outside the campaign

period and not pursuant to a political party nomination (Sec. 68e, BP 881, cf. Sec. 80);

49
·Having removed, destroyed, obliterated, defaced or tampered with or prevented the distribution of
lawful election propaganda (Sec. 68e, BP 881, cf. Sec. 83);

·Having violated the rules and regulations on election propaganda

through mass media (Sec. 68e, BP 881, cf. Sec. 86);

Sentence by final judgment for:

· ·Having coerced, intimidated, compelled, or in any manner influenced, directly or indirectly,

any of his subordinates or members, or employees, etc. To aid, campaign or vote for or against any
candidate or any aspirant for the nomination or selection of

candidates (Sec. 68e, BP 881, cf. Sec. 261d);

·Having directly or indirectly threatened, intimidated, or actually caused, inflicted or produced any
violence, injury, punishment, damage, loss or disadvantage upon any person or that of the

immediate members of his family, his honor or property, or used any fraudulent device or scheme to
compel or induce or prevent the registration of any voter, or the participation in any campaign, or the
casting of any vote, or any promise of such registration, campaign, vote, or omission therefrom ( Sec.
68e, BP 881, cf. Sec. 261e);

·Having engaged in unlawful electioneering (Sec. 68e, BP 881, cf. Sec. 261k);

·Having violated the prohibition against release, disbursement or expenditure of public funds 45 days
before a regular election (or 30 days in the case of a special election) (Sec. 68e, BP 881, cf. Sec. 261v);

·Having solicited votes or undertaken any propaganda on the day of election for or against any

candidate or any political party within the polling place or within a radius of 30 m. thereof (Sec. 68e, BP
881, cf. Sec. 251cc)

3.) Acts

Sentence by final judgment for:

· ·Having coerced, intimidated, compelled, or in any manner influenced, directly or indirectly,

any of his subordinates or members, or employees, etc. To aid, campaign or vote for or against any
candidate or any aspirant for the nomination or selection of

candidates (Sec. 68e, BP 881, cf. Sec. 261d);

·Having directly or indirectly threatened, intimidated, or actually caused, inflicted or produced any
violence, injury, punishment, damage, loss or disadvantage upon any person or that of the

immediate members of his family, his honor or property, or used any fraudulent device or scheme to
compel or induce or prevent the registration of any voter, or the participation in any campaign, or the
casting of any vote, or any promise of such registration, campaign, vote, or omission therefrom ( Sec.
68e, BP 881, cf. Sec. 261e);

·Having engaged in unlawful electioneering (Sec. 68e, BP 881, cf. Sec. 261k);

50
·Having violated the prohibition against release, disbursement or expenditure of public funds 45 days
before a regular election (or 30 days in the case of a special election) (Sec. 68e, BP 881, cf. Sec. 261v);

·Having solicited votes or undertaken any propaganda on the day of election for or against any

candidate or any political party within the polling place or within a radius of 30 m. thereof (Sec. 68e, BP
881, cf. Sec. 251cc)

Effect of Disqualification

General Rule:

SUNGA v. COMELEC (1998)

"The fact that the candidate who obtained the highest number of votes is later disqualified for the office
to which he was elected does not entitle the candidate who obtained the second highest number of
votes to be declared the winner of the elective office. The votes cast for a disqualified person may not be
valid to install the winner into office or maintain him there. But in the absence of a statute which clearly
asserts a contrary political and legislative policy on the matter, if the votes were cast in the sincere belief
that the candidate was qualified, they should not be treated as stray, void or meaningless...

Thus, it would be extremely repugnant to the basic concept of the constitutionally guaranteed right to
suffrage if a candidate who has not acquired the majority or plurality of votes is proclaimed winner and
imposed as the representative of a constituency, the majority of whom have positively declared through
their ballots that they do not choose him.

“The wreath of victory cannot be transferred from the disqualified winner to the repudiated loser
because the law then as now only authorizes a declaration of election in favor of the person who has
obtained a plurality of votes and does not entitle a candidate receiving the next highest number of votes
to be declared elected.”

Effect of Disqualification

Exceptional case:

MAQUILING v. COMELEC (2013)

The ballot cannot override the constitutional and statutory requirements for qualifications and
disqualifications of candidates. When the law requires certain qualifications to be possessed or that
certain disqualifications be not possessed by persons desiring to serve as elective public officials, those
qualifications must be met before one even becomes a candidate. When a person who is not qualified is
voted for and eventually garners the highest number of votes, even the will of the electorate expressed
through the ballot cannot cure the defect in the qualifications of the candidate. To rule otherwise is to
trample upon and rent asunder the very law that sets forth the qualifications and disqualifications of
candidates. We might as well write off our election laws if the voice of the electorate is the sole
determinant of who should be proclaimed worthy to occupy elective positions in our republic.

51
Even when the votes for the ineligible candidate are disregarded, the will of the electorate is still
respected, and even more so. The votes cast in favor of an ineligible candidate do not constitute the sole
and total expression of the sovereign voice. The votes cast in favor of eligible and legitimate candidates
form part of that voice and must also be respected.

As in any contest, elections are governed by rules that determine the qualifications and disqualifications
of those who are allowed to participate as players. When there are participants who turn out to be
ineligible, their victory is voided and the laurel is awarded to the next in rank who does not possess any
of the disqualifications nor lacks any of the qualifications set in the rules to be eligible as candidates.

The subsequent disqualification based on a substantive ground that existed prior to the filing of the
certificate of candidacy voids not only the COC but also the proclamation.

MODES OF CHALLENGING ELECTION RESULTS

1.) Pre-Proclamation Controversy

A pre-proclamation controversy refers to any question or matter pertaining to or affecting the

proceedings of the board of canvassers, or any matter raised under Sec. 233-236 of BP 881 in relation to
the

preparation, transmission, receipt, custody and appreciation of the election returns. (Sec. 241, BP 881)

The institution of the pre-proclamation controversy was intended to prevent the nefarious practice
known as “grab-theproclamation, prolong-the-protest”.

In Pimentel III v. COMELEC (2008), the SC ruled that elections for President, Vice-President, Senators and
Members of the House of Representatives, the GENERAL RULE still is that PRE-PRECLAMATION CASES on
matters relation to the preparation, transmission, receipt custody and appreciation of election returns or
certificate of canvass are still PROHIBITED.

Except:

a.) When the COC/SOV bears erasures or alteration which may cast doubt as to the veracity of the
number of votes stated therein and may affect the result of the election

b.) Correction of Manifest error in the COC/SOV (“manifest error” one that is visible to the eye or
obvious to the understanding; open, palpable, incontroveritible, needing no evidence to make it more
clear~O’Hara v. COMELEC)

c.) Matters relating to the composition or proceedings of the BOC.

i.) illegal composition of the BOC

ii.) illegal proceedings (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: precipitate canvassing; terrorism; lack of sufficient notice to the members of
the BOC's; and Improper venue)

.) Pre-Proclamation Controversy

52
Laodeno vs. Comelec ( 276 SCRA 705) By participating in the proceedings, the petitioner is deemed to
have acquiesced in the composition of the Board of Canvassers.

Pre-proclamation controversy and Action for Annulment distinguished (Abaya v. COMELEC)

1.) Pre-Proclamation Controversy

The COMELEC has exclusive jurisdiction over PPC arising from national, regional or local elections.

Where the proclamation is null and void, the proclaimed candidate’s assumption of office cannot deprive
teh COMELEC of the power to declare such proclamation a nullity. (Espidol v. COMELEC)

Who may file: Any candidate, party, organization or coalition.

Where to file: Before the BOC or directly with COMELEC

When to file: Immediately when the BOC begins to act as such is objected to, or when the proceedings
become illegal.

For purposes of the barangay elections, no pre-proclamation cases shall be allowed. (Section 9 of RA
6679)

Issues that cannot be raised

Jurisprudence has held that the following issues are not proper in a pre-proclamation

controversy:

·Appreciation of ballots, as this is performed by the Board of Election Inspectors at the precinct level and
is not part of the proceedings of the Board of Canvassers (Sanchez v. COMELEC, 153 SCRA 67, reiterated
in Chavez v. COMELEC, 211 SCRA 315

·Technical examination of the signatures and thumb marks of voters (Balindong v.

COMELEC, 260 SCRA 494; Matalam v. COMELEC, 271 SCRA 733);

·Prayer for re-opening of ballot boxes (Alfonso v. COMELEC, June 2, 1994);

·Padding of the Registry List of Voters of a municipality, massive fraud and

terrorism (Ututalum v. COMELEC);

·Challenges directed against the Board of Election Inspectors (Ututalum v. COMELEC, supra)

·Fraud, terrorism and other illegal electoral practices. These are properly within the office of election
contests over which electoral tribunals have sole, exclusive jurisdiction. (Loong v. COMELEC)

2.) Election Contests

These are adversarial proceedings by which matters involving the title or claim to an elective office,
made before or after proclamation of the winner, is settled whether or not the contestant is claiming the
office in dispute. The purpose of an election contest is to ascertain the candidate lawfully elected to
office.

53
Nature of election contests

An election contest is imbued with public interest. The election contest must be liberally construed to
favor the will of the people. An election contest may not be defeated by mere

technical objections. Until and unless the election protest is decided against him, a person who has been
proclaimed as duly elected has the lawful right to assume and perform the duties and functions of the
office.

Distinction between Pre-Proclamation Controversy and Election Contest

1) The Dividing line:

Proclamation of candidate

2) Jurisdiction

A. Pre-proclamation controversy

1.The jurisdiction of COMELEC is administrative/quasi-judicial

2.It is governed by the requirements of administrative due process

B. Election contest

1.The jurisdiction of COMELEC is judicial

2.It is governed by the requirements of judicial process

Jurisdiction over Election Contests of specific officials (Original)

a.) President and Vice-President

b.) Senator:

c.) Member, HR:

d.)Regional/Provincial/City:

e.) Municipal:

f.) Barangay/SK:

Jurisdiction over Election Contests of specific officials (Appellate)

a.) MTC and RTC

b.) COMELEC

C.) ET

Kinds of Election Contests

a.) Election Protest

Who may file: any candidate who has filed COC and been voted for the same office

54
Grounds: Fraud, Terrorism, Irregularities, Illegal acts committed before, during, or after casting and
counting of votes

When: within 10 days from proclamation

Nature: a contest between the defeated and winning candidates, as to who actually obtained the
majority of the legal votes and therefore is entitled to hold office.

b.) Quo Warranto

Who may file: any registered voter in the constituency

Grounds: Ineligibility, disloyalty to the republic

When: within 10 days from proclamation

Nature: unseat the ineligible person from office but not to install the protestant in his place

Contents of the election protest

a.) Position involved

b.) protestant was a candidate who duly filed a COC and has been voted for the same office

c.) date of proclamation

d.) Number of votes credited to the parties

e.) total number of precincts in the area concerned

f.) protested precincts

g.) specification of acts or ommisions complained of

Summary dismissal of Election Contest

a.) lack of jurisdiction

b.) insufficient in form and content

c.) filed beyond the prescribed period

d.) filing fee not paid

e.) if cash deposit is required and said deposit is not paid within 15 days from filing of protest

Recount of ballots

Commences on the date specified in the preliminary conference order unless rescheduled

a.) continuous recount – as far as practicable, continue from day to day until terminated

b.) prohibited access – only authorized persons have access to the recount area (commission, clerk of
court, recount coordinators and members of the recount committees, parties, duly authorized
representatives)

55
c.) conduct of recount – done manually and visually

d.) at the end- prepare and submit a recount report

General Rule:

The filing of election protest or quo warranto amounts to abandonment of PPC filed

(Reason: to prevent confusion and conflict of authority)

Exceptions:

a.) BOC composition

b.) Quo Warranto was not the proper remedy

c.) What was filed was not really a QW/EP but a petition to annual a proclamation

d.) filing was made without prejudice to the PPC or was made ad cautelam (as a security or precaution)

e.) proclamation was null and void

There is no law or rule prohibiting the simultaneous prosecution or adjudication of PPC and EP since it
involves elective officials and are of different issues. (Tan v. Comelec)

Quo Warranto in Elective and Appointive Office

The tribunal may grant a motion for execution pending appeal, because the mere filing of an appeal does
not divest the trial court of its jurisdiction over a case and to resolve pending incidents.

Execution pending appeal

a.) the public interest is involved or the will of the electorate;

b.) shortness of the remaining portion of the term;

c.) length of time that the election contest has been pending.

This rule must be strictly construed against the movant and only when the reason is of such urgency will
such execution pending appeal be allowed as it is an exception to the general rule.

This must be filed before the expiration of the period for appeal. (Relampagos v. Cumba)

Award of damages

Actual or compensatory damages may be granted in all election contests or in quo

warranto proceedings in accordance with law. (Sec. 259, B.P. 881)

JURISDICTION OVER ELECTION OFFENSES

The Regional Trial Courts have exclusive original jurisdiction to try and decide any criminal
actions or proceedings for violation of election laws. (Sec. 268, B.P. 881; Juan v. People, G.R. No. 132378,
January 18, 2000)

56
PROSECUTION OVER ELECTION OFFENSES

The COMELEC has the exclusive power to investigate and prosecute cases involving violations of
election laws. However, it may validly delegate the power to the Provincial Prosecutor or to the
Ombudsman.

But it is not the duty of the Comelec as investigator and prosecutor to gather proof in support of
a complaint field before it (Kilosbayan vs. Comelec, GR No. 128054, Oct. 16, 1997)

The COMELEC has concurrent jurisdiction with the Department of Justice to conduct preliminary
investigation of election offenses punishable under existing laws, and prosecute the same. (COMELEC
Resolution No. 9584)

Preferential disposition of election offenses

Investigation and prosecution of election offenses shall be given priority by the COMELEC. The
investigating officer shall resolve the case within 5 days from submission.

The courts shall give preference to election cases over all other cases except petitions for writ of
habeas corpus. Their trial shall be commenced without delay and shall be conducted continuously until
terminated, and the case shall be decided within 30 days from its submission for decision. (Sec. 269, B.P.
881)

Some prohibited acts

Wagering upon the result of the election

Any money or thing of value put up as a bet or wager shall be forfeited to the Government.

Threats, intimidation, terrorism, use of fraudulent device or other forms of coercion.

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);

Some prohibited acts

Election Campaign

57
Appointment or use of special policemen, special agents or the like during the campaign period ( Sec.
261m, B.P. 881)

Use of armored land, water or aircraft during the campaign period (Sec. 261r, B.P. 881)

Unlawful electioneering (Sec. 261k, B.P. 881)

Acting as bodyguards or security in the case of policemen and provincial guards during the campaign
period (Sec. 261t, B.P. 881)

Removal, destruction, obliteration, or tampering of lawful election propaganda, or preventing the

distribution thereof (Sec. 83, B.P. 881 vis-à-vis Sec. 262,B.P. 881)

Voting

Vote-buying and vote-selling (Sec. 261a, B.P. 881)

Distribution of cigarettes to people who attended a political meeting falls within the context of
the prohibition. (People v. Ferrer)

Conspiracy to bribe voters (Sec. 261b, B.P. 881)

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)

Coercion of subordinates to vote for or against any candidate (Sec. 261d, B.P. 881)

Dismissal of employees, laborers, or tenants for refusing or failing to vote for any candidate (Sec.
261d(2), B.P. 881)

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

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)

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)

Election Campaign

Appointment or use of special policemen, special agents or the like during the campaign period ( Sec.
261m, B.P. 881)

Use of armored land, water or aircraft during the campaign period (Sec. 261r, B.P. 881)

Unlawful electioneering (Sec. 261k, B.P. 881)

Acting as bodyguards or security in the case of policemen and provincial guards during the campaign
period (Sec. 261t, B.P. 881)

58
Removal, destruction, obliteration, or tampering of lawful election propaganda, or preventing the
distribution thereof (Sec. 83, B.P. 881 vis-à-vis Sec. 262,B.P. 881)

Voting

Vote-buying and vote-selling (Sec. 261a, B.P. 881)

Distribution of cigarettes to people who attended a political meeting falls within the context of
the prohibition. (People v. Ferrer)

Conspiracy to bribe voters (Sec. 261b, B.P. 881)

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)

Coercion of subordinates to vote for or against any candidate (Sec. 261d, B.P. 881)

Dismissal of employees, laborers, or tenants for refusing or failing to vote for any candidate (Sec.
261d(2), B.P. 881)

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

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)

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)

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)

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)

Intervening of public officers and employees in the civil service in any partisan political activity (Sec.
261i, B.P. 881)

Use of public funds for an election campaign (Sec. 261o, B.P. 881)

Illegal release of prisoners before and after election (Sec. 261n, B.P. 881)

Release, disbursement or expenditure of public funds during the prohibited period (Sec. 261v, B.P. 881)

Construction of public works, etc. during the prohibited period (Sec. 261w, B.P. 881)

59
Suspension of elective local officials during the election period without prior approval of the COMELEC
(Sec. 261x, B.P. 881)

Other prohibitions

Unauthorized printing of official ballots and election returns with printing establishments that are not
under contract with the COMELEC (Sec. 27a, R.A. 6646)

Wagering upon the results of elections (Sec. 261c, B.P. 881)

Sale, etc. 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)

Opening booths or stalls within 30 meters of any polling place (Sec, 261dd (2), B.P. 881)

Holding fairs, cockfights, etc. on election day (Sec. 261dd (3), B.P. 881)

Refusal to carry election mail 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 air time (Sec. 261dd (5), B.P. 881) In addition to the prescribed penalty, such
refusal constitutes a ground for cancellation or revocation of the franchise.

Other prohibitions

Failure to register or vote

Art. V, Sec. 1 of the 1987 Constitution states that suffrage "may" be exercised by qualified
citizens of the Philippines, as compared to the 1935 and 1973 Constitutions which used the term "shall."
Thus, it can be said that under the current Constitution, failure to register or to vote is no longer an
election offense.

The crime of electoral sabotage (Sec. 42 of RA 9369)

(b) Any person or member of the board of election inspectors or board of canvassers who tampers,
increases or decreases the votes received by a candidates 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: Provided, however, That when the tampering, increase or decrease of votes or the refusal to
credit the correct votes and /or to deduct tampered to deduct tampered votes are perpetrated on large
scale or in substantial numbers, the same shall be considered not as an ordinary election offense under
Section 261 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 fall under the category of 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

60
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 a
accomplished in a single election document or in the transposition of the figure / 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 ;

"(3) Any and all other forms or tampering increase/s and/ or decrease/s of votes perpetuated or in cases
of refusal to credit the correct votes or deduct the tampered votes, where the total votes involved exceed
ten thousand (10,000) votes;

"Provided finally; That any and all either persons or individuals determined to be conspiracy or in
connivance with the members of the BEIs or BOCs involved, shall be meted the same penalty of life
imprisonment

Good faith not a defense

Election offenses are generally mala prohibita. Proof of criminal intent is not necessary. Good
faith, ignorance, or lack of malice is not a defense; the commission of the prohibited act is sufficient.
(People v. Bayona, 61 Phil. 181; People v. Fuentes, 181 Phil. 186)

Penalties

For individuals

Imprisonment of not less than 1 year but not more than 6 years, without probation (Sec. 264, B.P. 881)

Disqualification to hold public office;

Deprivation of the right of suffrage

For a Foreigner

Imprisonment of not less than 1 year but not more than 6 years (without probation);

Deportation after service of sentence

For a Political Party

Payment of a fine not less than P10,000 after a criminal conviction

Prescription

Election offenses prescribe 5 years from the date of their commission. If the discovery of the
offense be made in an election contest proceeding, the period of prescription shall commence on the
date on which the judgment in such proceedings becomes final and executory. (Sec. 267, B.P. 881)

Executive Clemency

61
Article IX-C. Section 5. No pardon, amnesty, parole, or suspension of sentence for violation of election
laws, rules, and regulations shall be granted by the President without the favorable recommendation of
the Commission.

62