ELECTION LAW e.

Regulate the manner of conducting elections

CHAPTER 1 GENERAL PRINCIPLES f. Suppress whatever evils may be incident to the election of public officers –
pursuant to the exercise of police power
Meaning of Suffrage – the right as well as obligation of qualified citizens to vote in
a. election of certain national and local officers of the government, and
b. decision of public questions submitted to it Prohibited Substantive requirements for Exercise of Suffrage
a. Literacy d. Sex
b. Property e. Taxpaying ability
Nature of Suffrage c. Education
 Privilege – it is not a natural right, hence, it can be given or withheld by the d. Taxpaying ability
lawmaking power subject to constitutional limitations upon the fulfillment or
non-fulfillment of certain minimum conditions deemed essential for the
welfare of society CHAPTER 2 COMMISSION ON ELECTIONS

Purpose of Commission
Scope of Suffrage
 An independent administrative tribunal, co-equal with the other departments
 Election – in respect to the powers vested in it
a. means by which people choose
b. through the use of ballot Composition – Chairman and 6 Commissioners
c. their officials for definite and fixed periods and to whom they entrust
d. for the time being as their representatives Qualifications of Members
e. the exercise of powers of government 1. Natural-born citizens of the Philippines
o The term may refer to the conduct of polls including the list of voters, the 2. At least 35 years of age at the time of appointment
holding of electoral campaign, and the casting and counting of votes 3. Holders of a College degree
4. Must not have been candidates for any elective position immediately
preceding elections
Object of Suffrage and Election Laws 5. Members of the Philippine Bar who have been engaged in the practice of
 Main object: continuity of government and the preservation and perpetuation law for at least 10 years
of its benefits
 2-fold object: Enable the people Appointment and Terms of Office of Members
1. To choose their representatives to discharge sovereign functions  They are appointed by the President with the consent of the Commission on
2. To determine their will upon such questions submitted to them Appointments for 7 years with reappointment
 Staggered term (7, 5, 3) for 2 years interval
 Appointments or designation in temporary or acting capacity is not allowed
Power of Congress to Regulate Suffrage and Elections
 Congress has unlimited power, subject only to constitutional restrictions, to
enact laws relative to right of suffrage including the power to: Disabilities of Members
a. Define the qualifications of voters 1. Cannot hold other office or employment
b. Regulate elections 2. Cannot engage in the practice of any profession or in the active
c. Prescribe the form of official ballot management or control of any business
d. Provide for the manner in which candidates shall be chosen and the names 3. Cannot be financially interested in any government contract
that shall be printed upon the ballot
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Constitutional Powers and Functions of the Commission 7. Recommend measures
a. Executive or Administrative – to enforce and administer election laws
b. Quasi-legislative – to promulgate rules on all questions affecting elections 8. Recommend removal or disciplinary action
and its rules of procedure o The President may or may not follow the recommendation of the
c. Quasi-judicial – to exercise original and appellate jurisdiction over certain COMELEC on deputization
election contests
d. Investigate – investigatory and prosecution power over election offenses 9. Submit report

The COMELEC shall exercise the following powers and functions:

1. Enforce and administer laws relative to conduct of elections, etc. Power to punish for contempt
 In the exercise of its administrative functions, COMELEC has no power to
2. Decide election contests hold a person for contempt, hence, only in the exercise of its quasi-judicial
o This refers to the adversary proceedings by which matters involving the power can it cite persons in contempt
title or claim to an elective office, made before or after proclamation
of the winner, is settled
o For barangay officials, it is restricted to proceedings after the Hearing and Deciding Election Cases
proclamation of the winner
 2-tiered organizational and functional structure of COMELEC:
o Purpose: to ascertain the candidate lawfully elected to office
1. Division of COMELEC
ELECTION CONTESTS
a. Disqualification
Regional, Provincial and City Officials COMELEC
b. Election Protest
Municipal and Barangay Officials RTC and MTC
c. Quo Warranto
SK Officials DILG d. Pre-proclamation Controversy
Congress SET or HRET e. Annulment of Proclamation
President and Vice President PRET (SC en banc) 2. COMELEC en banc
a. Motion for Reconsideration
3. Decide all questions affecting elections b. Failure of Elections
o The Commission has no jurisdiction over questions involving the c. Postponement of Elections
a. right to vote which includes qualifications and disqualifications of d. Election Offense
voters
e. Annulment of Book of Voters
b. right of a person to be registered as voter
c. right to cast his vote
Pardon, etc. of Violators of Election Laws
4. Deputize law enforcement agencies
 Not allowed if without the favorable recommendation of COMELEC and
o This must be done with the concurrence of the President granted by the
o The removal or suspension of such deputies may be recommended by
the COMELEC to the President rather than directly imposed by the
COMELEC
Rendition of Decision and Judicial Review
5. Register political parties, etc. and accredit its citizens arms  Decisions, etc. of the COMELEC en banc, may be brought to SC by means of
the special civil action of certiorari under Rule 65
 A motion for reconsideration when not pro forma, suspends the running of
6. File petitions, investigate and prosecute the period to elevate the matter to SC

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Votes Required for Rendition of Decision b. Not otherwise disqualified by law
 2 members shall constitute a quorum for the transaction of a Division c. At least 18 years of age – on the day of the election
 A case being heard by it shall be decided with the unanimous concurrence of d. Have resided in the Philippines for at least 1 year
all 3 Commissioners e. Have resided for at least 6 months, in the place wherein he/she proposes
to vote, immediately preceding the election

Powers and Functions of the COMELEC under Omnibus Election Code

1. Exercise direct and immediate supervision and control over national and Election Registration Board
local officials or employees required by law to perform duties relative to  A body constituted to act on all applications for registration
the conduct of election
 Composition of the Election Registration Board
2. It may authorize CMT cadets, 18 years of age and above, to act as its
a. Chairman – Election Officer
deputies for the purpose of enforcing its orders
b. Members
3. Require payment of legal fees and collect the same in payment of any
business done in the Commission, at rates that it may prove and fix in its i. Public school official most senior in rank
rules and regulations ii. Local civil registrar, or in his absence, City or Municipal treasurer
4. Summons the parties to a controversy pending before it, issue subpoena
and subpoena duces tecum
5. Issue warrant to arrest the witness and bring him before the Commission in Illiterate or Disable Applicants
case of failure to attend
 Election officer or any member of an accredited citizen’s arm shall assist any
6. When necessary, avail of the assistance of any national or local law illiterate person when registering
enforcement to execute its final decisions, orders, instructions or rulings
7. Punish contempts – any violation of any final and executory decision, order
or ruling of the Commission shall constitute contempt
Change of Residence or Address
8. Enforce and execute its decisions, etc.
 The application for transfer of registration shall be subject to the
9. Prescribe the forms to be used in the election plebiscite or referendum
a. Requirements of notice and hearing, and
10. Procure any supplies, etc. needed for the holding of the election by public
bidding b. Approval of the Election Registration Board
11. Prescribe the use or adoption of the latest technological and electronic
devises
12. Carry out a continuing and systematic campaign through any forms of Notice and Hearing of Applicants
media to educate the public and fully inform the electorate about all  Duties of the Election Officer upon receipt of applications for registration:
matters concerning the election
a. Set a hearing
13. Enlist non-partisan groups or organizations
b. Notice of which shall be posted in the bulletin board and his office for at
14. Conduct hearings on controversies pending before it least 1 week before hearing
15. Fix other reasonable periods for certain pre-election requirements c. Furnish copies to the applicants, heads or representatives of political
parties and other accredited groups
d. Receive such as evidence on the date of hearing
CHAPTER 3 REQUIREMENTS BEFORE ELECTION
REGISTRATION (RA 8189)
Challenges to Right to Register [ERB]
Registration of Voters  Form of Challenge:
 Who may Register? [Constitutional Mandate] a. In writing
a. A citizen of the Philippines b. Stating the grounds

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 c. Under oath c. Deactivation and Reactivation
d. Attached to the application d. Cancellation of registration
e. With proof of notice of hearing e. Inclusion and Exclusion
f. Annulment of Book of Voters

Approval and Disapproval of Application

 This is done by majority vote of the Board Annulment of Book of Voters
 Duties of Election Officer upon approval or disapproval of application:  How made?
a. If approved – assign a voter’s identification number and issue a. Verified petition
identification card b. After notice and hearing
b. If disapproved – furnish the application with the certificate of disapproval  On what grounds?
and stating the grounds therefor
a. Not prepared in accordance with the provisions of this Act
b. Prepared through
1. Fraud 4. Impersonation
Deactivation of Registration [Disqualifications]
2. Bribery 5. Intimidation
1. Sentenced by at least 1 year imprisonment
3. Forgery 6. Force
2. Adjudged by final judgment of any crime involving disloyalty to the
c. Contains data that are statistically improbable
government
3. Insane or incompetent
4. Failed to vote for 2 consecutive regular elections – this does not include
SK elections Inclusion, Exclusion and Correction of Name of Voters
5. Any person whose registration is excluded by the court  Jurisdiction is with the MTC subject to appeal in RTC
6. Lost Philippine citizenship  Grounds for Inclusion:
a. Any person whose application for registration has been disapproved
b. Any person whose name has been stricken out
Reactivation of Registration  Grounds for Exclusion:
1. Automatic reacquisition of the right to vote upon expiration of 5 years a. Any person who is not qualified to register
after service of sentence b. Any voter who is not real
2. Those adjudged with crime involving disloyalty to the government are
automatically restored to his full civil and political rights upon
expiration of 5 years after service of sentence
B. PRECINCTS AND POLLING PLACES
3. Upon declaration of a proper authority that such person is no longer
insane or incompetent
Election Precincts – basic unit of territory established by COMELEC for the purpose
of voting
 No new precinct be established at the start of the election
Cancellation of Registration – The only ground is DEATH
 1 barangay = 1 precinct = no more than 200 voters and shall comprise
contiguous and compact territories
 When allowed to have less than 200 voters:
Permanent List of Voters per Precinct
a. Creation of a spin-off or daughter precinct once the 200-limit has been
 Permanent but may be changed on the following instances: reached
a. New voters b. Island or group of islands comprise 1 original precinct
b. Transfer of registration

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Polling Places and their Designation Certificate of Candidacy (COC)
 Polling Place – the building or place where the BEI conducts its proceedings a. statement of a person seeking to run for public office
and where the voters cast their votes b. certifying that he announces his candidacy for the office mentioned
 Voting center – the building or place where the polling place is located c. he is eligible for the office
 Size is sufficient to accommodate 40 voters at one time d. the name of the political party to which he belongs, if any
 No designation of polling places shall be changed except upon e. his post-office address for all election purposes being as well stated
a. Written petition of majority voters of the precinct
b. Agreement of all political parties
c. Resolution by COMELEC upon prior notice and hearing Filing of certificate of candidacy
 1 COC = 1 office
 If more than 1 = ineligible for all
Arrangements and Contents of Polling Places  Unless he cancels 1 COC before the lapse of filing of COC
 1 voting booth = 20 voters = list of the names of all the candidates or issues to
be voted for, be posted
 1 polling place = 10 voting booths Stray Vote
 Vote cast in favor of a person who is not a candidate
 Does not invalidate the entire ballot
Ballot Boxes
 1 ballot box = 1 polling place
 Who shall have the custody of such materials? Time, place and manner of filing
o Provincial, City or Municipal Treasurer  Under RA 7166, any person running for the office of the president, vice-
president, senator, member of the house of representatives or any elective
provincial, city or municipal office shall be:
Official Ballot a. Filed in 5 legible copies
 Printed in black ink on white security paper with distinctive watermarks b. With the offices of the Commission
 Official ballots and election returns be printed upon orders of COMELEC c. Not later than the day before the date legally fixed for the beginning of his
campaign period.
 Requisition and Distribution of official ballots = rate of 1 1/5 ballots = every
registered voter d. Filed personally by the candidate or his duly authorized representative
(not accepted if by mail, telegram or facsimile)
 Requisition and Distribution of election returns = rate of 1 set = 1 polling place
 Signature of Chairman at the Back of Every Ballot is essential and failure to
authenticate would constitute an election offense ELECTIVE OFFICE PLACE OF FILING COC
President, Vice-President, Senators Main office of the commission in
Manila
Members of the House of Representatives Provincial election supervisor of the
C. Certificates of Candidacy
(provincial) province concerned
Members of the House of Representatives Regional election director
Candidate (districts in NCR)
a. any person aspiring for or seeking an elective public office Members of the House of Representatives City election registrar
b. who has filed a certificate of candidacy (districts outside NCR)
c. by himself or through an accredited political party, aggroupment, or Provincial offices Provincial election supervisor
coalition of parties
City and municipal offices City or municipal election registrar

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Withdrawal of COC  In case of a valid substitution after the ballots have been printed, the votes
a. Made prior to election for the substituted candidates shall be considered stray votes unless the
b. Submit to the office concerned a written declaration under oath substitute candidate has the same family name
c. The filing will not affect whatever civil, criminal or administrative
liabilities, which a candidate may have incurred
Petition to deny due course
 Filed by any person exclusively on the ground that any material
Automatic resignation representation contained in a COC is false
 Ipso facto resigned:
a. Appointive officials c. Employees of GOCC Nuisance Candidate
b. Members of the AFP 1. Filed to put the election process in mockery or disrepute
2. Cause confusion among voters by the similarity of names
3. Has no bona fide intention to run for office
Qualifications of a Candidate
1. Philippine citizen 4. Registered Voter
2. Age 5. Able to read and write Similarity/difference of proceeding with quo warranto
3. Philippine resident 6. Not disqualified by law DISQUALIFICATION QUO WARRANTO
Deals with qualifications of a candidate Deals with qualifications of a candidate
When to file: When to file:
Disqualifications of a Candidate a. Before election Within 10 days after the proclamation of
b. After election the results of the election
1. Lack qualifications
2. Possess disqualifications Qualifications for elective office are Ineligibility or disloyalty to the Republic
misrepresented of the Philippines.
3. Violated the Term Rule
4. Committed an election offense
5. Nuisance candidate Petition for quo warranto is not batted by failure to file a petition to disqualify. He
has another chance to raise disqualification of the candidate by filing a petition for
6. Sentenced by final judgment with an accessory penalty quo warranto within the time prescribed by law.
7. Willfully commits material misrepresentation
8. No valid, timely and properly filed COC
Election Offense
1. Vote buying
Substitution 2. Terrorism
 Grounds: 3. Unlawful expenditures
a. Death – should happen after the last day of filing of COC 4. Unlawful campaign
b. Disqualification 5. Coercion of subordinates
c. Withdrawal 6. Threats
 Both the substituted and the substitute must be qualified to run for office 7. Prohibition against release of public funds
 Who may substitute?
a. Nominee of the same political party
b. If none, then, no one may substitute
c. Spouse for barangay officials

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Rules governing cases of disqualifications before the election Equal access to media time, and space
Complaint before election Inquired into by the COMELEC  Media members who are candidates are
Complaint not resolved before Refer the complaint to COMELEC’s law a. Deemed resigned, or b. Take a leave of absence
election department  Print: ¼ page in broadsheet; ½ in tabloid 3x a week
Complaint filed after election but COMELEC’s law department makes a TV Radio
before proclamation prima facie finding of guilt and the
Local official 60 mins 90 mins
complaint is filed with the trial court
National official 120 mins 180 mins
Written Forms
Effect of disqualification case a. Printed materials – 8.5 x 14 d. Poster areas – 12 x 16
b. Letters e. Rally streamers – 3 x 8
After final judgment Shall not be voted
c. Posters – 2 x 3
Before final judgment Continuation of trial and hearing is mandatory

Suspension of proclamation is merely directory

Prohibited contributions (indirectly or directly by the following)
1. Public or private financial institutions
o But not if they are legally in the business of lending money and the
Chapter 4 loan is made ordinary course of business
Election Campaign and Expenditures 2. Natural and juridical persons operating a public utility or in possession of
or exploiting any natural resources of the nation
Prohibited acts 3. Natural and juridical persons who hold contract or subcontracts to supply
a. Engage in an election campaign except during the campaign period the government or any of its divisions with goods and services or to
b. Foreigner aiding any candidate or political party perform construction or other works
c. Remove or tamper with the distribution of lawful election propaganda 4. Those granted franchises, incentives, exemptions, allocations or similar
privileges, concessions by the government or any divisions
d. Accept or give free of charge, food or drinks or things of value during 5
hours before and after a public meeting on the day preceding the 5. Those who within 1 year prior to the date of the election have been
election and on the election day granted loans in excess of P25,000 by the government
6. Educational institutions which have received grants of public funds
amounting to no less than P100,000
7. Officials or employees of the CSC or members of the AFP
6 Modes of Campaign
8. Foreigners and foreign corporations
a. Forming organizations d. Distributing campaign materials
b. Holding rallies e. Soliciting votes
c. Making speeches f. Publishing advertisements
Limitations upon expenses
Candidates P10 pesos (President and Vice President)
P30 (for other candidates) for every voter currently
Lawful Election Propaganda
registered in the constituency where he filed his COC.
a. Paid political advertisement d. Private poster areas
b. Free space and airtime e. Election surveys and exit polls
Those without political parties may be allowed to spend
c. Use of gadgets and billboard P5 for every such voter.
Political parties P5 for every voter registered in the constituency where it
has official candidates

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Defenses when Candidate Exceeds the Allowable Expenditures: 4. Receiving support from a foreign government
1. Funds for counsel 3. Sample ballots 5. Violates or fails to comply with the laws, rules or regulations relating to
2. Copying of list of voters 4. Volunteers elections
6. Declares untruthful statements in its petition
7. Ceased to exist for at least 1 year
C. Political Parties 8. Fails to participate in the last 2 preceding elections or fails to obtain at
least 2% of the votes under the party-list system in the 2 preceding
elections
Registration of political parties
 It shall be first duly registered with the COMELEC
 A registered party who fails to obtain 10% of the votes in the constituency, Qualifications of party-list nominees
its registration shall, after notice and hearing be deemed to have been
forfeited 1. Natural born citizen
2. Registered voter
3. Resident of the Philippines of not less than 1 year immediately
Nomination and selection of official candidates 4. Able to read and write
President, Vice-President and Senators 165 days before the day of election 5. Bona fide member of the party
6. At least 25 years of age
Members of the House of 75 days before the day of the election
Representatives and local elective Note: Youth sector: must be at least 25-30 on the day of election.
officials

Manner of voting
Disputes as to party nominations  each voter shall be entitled to 2 votes (1 for house representative and the
1. Conduct of party’s internal affairs are not within the jurisdiction of the second, for the party)
Courts
2. However, in can be brought to COMELEC Division
Number of party-list representatives
 20% of the total number of the house of representatives
The party-list system
a. not more than 250 members
b. elected from legislative districts and on the basis of a uniform and How to determine the allocation of seats
progressive ratio a. rank the parties from highest to lowest on the number of votes garnered
c. and those elected through a party-list system of registered national, during elections
regional and sectoral parties or organizations b. those with at least 2% are entitled to one seat
c. Those with more than 2% shall be entitled to additional seats in
proportion to their total number of vote
Removal and/or cancellation of registration d. In no case shall seats exceed 3
 How made?
a. Motu proprio b. upon verified complaint
 Grounds: Term of office
1. It is a religious sect  3 years for not more than 3 consecutive terms
2. Advocates violence
3. Foreign party or organization
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 CHAPTER 5 Notice of the Election
THE ELECTION  In some form, either actual or constructive, of the time, place and purpose
of the election
Kinds of Election a. Requirement of notice becomes stricter in cases of special election
1. General – one provided for by law for the election to offices after the b. Sufficiency of notice is determined on
expiration of the full term of former officers o whether the voters generally have knowledge of the time, place and
2. Regular – an election, national or local, held at regular intervals on such purpose of the elections so as to give the voters full opportunity to
dates provided by law attend the polls and express their will
3. Special – one provided for by law under special circumstances
a. An election not regularly held to fill vacancy in office before
expiration of the full term Date of Election under the Law
b. An election at which some issue or proposition is submitted to the  Simultaneous regular elections for national and local officials = once every 3
vote of the qualified electors years
c. An election held when there is failure of election  Regular election for barangay officials = once every 5 years
o The last barangay election was held on October 25, 2010
 Sanggunian Panlungsod and Bayan Members shall be elected by district
Construction of Election Laws
 When they are mandatory:
a. Laws for the conduct of elections, including the rules and regulations Postponement of Election
promulgated pursuant thereto
 Grounds: for any serious case of such a nature that the holding of a free,
b. Election laws declare that a certain irregularity in an election procedure orderly and honest election should be impossible
is fatal to the validity of the ballot or of the returns
a. Violence
c. When the purpose and spirit of the law would be plainly defeated by a
b. Terrorism
substantial departure from the prescribed procedure
c. Force majeure
 When they may be directory:
d. Loss or destruction of election paraphernalia or records
a. If sought to enforce them after the election
e. Other analogous causes
b. When mandatory character is not provided
 How postponement is made:
c. When departure to the purpose and spirit is due to an honest mistake or
misinterpretation a. By the COMELEC en banc
b. Upon a verified petition by any interested party or motu propio
c. After due notice and hearing
Authority for Holding Election
a. Authority to so hold it must be found conferred by the people
b. Either directly through the Constitution, or indirectly through the Failure of Election
enactments of their legal representatives  A petition to declare a failure of elections is a special action
 Grounds: failure or suspension would affect the “result of election”
a. Violence
Time of Holding Election b. Terrorism
a. It must be fixed by authoritative power c. Force majeure
b. There must be substantial observance with the time fixed and slight d. Fraud
variations will not invalidate the election e. Other analogous causes

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 How failure of election is made:
a. By the COMELEC en banc
b. Upon a verified petition of any interested party
c. After due notice and hearing
 Concurrence of Conditions:
1. No voting has taken place in any precinct or, even if there was a voting,
the election nevertheless results in failure to elect
2. Votes not cast would affect the result of the election
3. The cause of such failure is among the grounds provided
Fixing Date for Special Elections
 Requirements in fixing the date for special elections:
a. It should not be later than 30 days from the cessation of the cause
b. It should be reasonably close to the date of the election not held,
suspended or which resulted in the failure to elect
Place of Holding Election
 Enactments fixing the place are properly to be regarded as mandatory
 Any substantial variation must invalidate the election
o Except when necessity arises, such as emergencies, and the removal to
some other appropriate place is promoted by proper motives
Holding of Election by Proper Officers
 Board of Election Inspectors – the body which conducts the election in the
polling place of the precinct usually composed of 3 public school teachers
appointed by COMELEC
A. CASTING OF VOTES
Methods of Voting
a. Voter must vote in person – personally deposit his ballot
b. Voter must vote once only – if the voter has voted but in the wrong
precinct, he has no right to vote again
c. Voter need not vote the whole ticket
d. Absentee voting – applies to the elections of President, Vice-President,
and Senators only and shall be allowed to members of the AFP and PNP
and other government officers and employees who are registered voters
叶清蓮
o For Overseas Absentee Voters, they can vote for President, Vice-
President, Senators and Party-list Representatives
o Requirements:
1. Philippine citizen abroad
2. Not otherwise disqualified by law
3. at least 18 years of age on the day of the election
Spoiled Ballots
 All spoiled ballots (accidentally spoiled or defaced in such a way that it cannot
lawfully be used) shall be folded and surrendered to the Chairman who shall
note in the corresponding space that it is spoiled
 The voter shall then be entitled to another ballot, however, no voters shall
change his ballot more than twice
Ballot implies Secrecy
 A legal voter will not be compelled to disclose for whom he voted, but, unless
he has himself made the contents of his ballots public at the time of voting it,
third persons will not be permitted to testify as to its purport
 This privilege is waivable
Challenge of Illegal Voters
 Grounds for challenging the registration or identity of a voter:
a. Not being registered
b. Using another’s name
c. Not suffering from existing disqualification
 No voter shall be required to present his voter’s affidavit on election day
unless his identity is challenged
 While a legal voter cannot be compelled to state how he voted, and illegal
voter may be compelled to disclose how he voted except where it might
incriminate him.
Challenge based on certain Illegal Acts
 Grounds for challenging a voter:
a. Such voter has received or expects to receive, has paid, offered or
promised to pay, has contributed, offered or promise to contribute
money or anything of value as a consideration for his vote
b. Such voter has made or received a promise to influence the giving or
withholding of any such voter
Election Law P a g e | 10
 c. Such voter has made a bet or is interested directly or indirectly in a bet What Constitutes an Election
which depends upon the result of the election  Plurality of votes lawfully cast
 Admission of the challenged voter shall not be conclusive upon any court

C. CANVASS AND PROCLAMATION

B. COUNTING OF VOTES Board of Canvassers
Board of Election Inspectors Chairman Vice-Chairman Member
 Composition: Provincial Provincial Election Provincial Fiscal Provincial School
a. Chairman BoC Supervisor or Lawyer Superintendent
b. 2 members – all of whom must be public school teachers in the regional office of
COMELEC
City BoC City Election Registrar City Fiscal City School
or Superintendent
Powers of the Board
Lawyer of COMELEC
a. Conduct the voting and counting of votes in their respective polling
places Municipal Election Registrar or a Municipal Most Senior School
BoC Member of COMELEC Treasurer Supervisor or in his
b. Acts as deputies of COMELEC
absence, Principal of
c. Perform such other functions prescribed by the Code or by COMELEC the school district or
elementary school

Counting to be Public and without Interruption unless ordered by COMELEC

Control and Supervision of COMELEC over the Board
 COMELEC has the power to investigate and act on the proprietary or legality
Determination of Marked Ballots of the canvass of election returns made by the board of canvassers
 Marks which shall be considered sufficient to invalidate the ballot are those  This includes the power to revise, reverse and set aside the action of the
which the voter himself deliberately placed on his ballot for the purpose of boards
identifying it thereafter o It is within COMELEC’s power to annul a canvass or proclamation based on
a. Incomplete returns or incorrect or tampered returns
b. Made in an unauthorized meeting of the BoC either because it
Duties of Board of Election Inspectors in Counting the Votes i. Lacked a quorum
 BEI should not concern themselves with the eligibility of the candidates ii. Did not meet at all
 Counting of votes should be liberal in order that the will of the electorate
may be effectuated
Recount of Votes Cast
 Ground:
Announcement of Results of Elections and Issuance of Certificate of Votes o Where a discrepancy exists between the votes written in word or in figures
 Upon completion of the election returns  Chairman of BEI shall orally and
publicly announce the total number of votes received by each and every one
of the candidates, stating their corresponding office
Proclamation by BoC
 After announcement, BEI shall issue a certificate, signed by all the members
of the BEI, stating the number of the votes received by a candidate upon  The winning candidate must have the highest number of votes cast
request of the duly accredited watchers  When proclamation null and void:
a. Based on a faulty or erroneous tabulation

叶清蓮 Election Law P a g e | 11

 b. Statement of votes which contain erroneous entities Failure to Assume Office
c. Incomplete canvass  Failure or refusal to take his oath of office within 6 months from
d. Canvass that should have been suspended with respect to the contested proclamation = considered vacant unless such is for cause beyond his control
election retains
e. Canvass that included unsigned election returns or outrightly excluded
election returns Nature of Board’s Duties
 Effect of a proclamation which is null and void:  Ministerial: when canvassing the votes
o Proclaimed candidate may assume office on the strength of the  Quasi-judicial: when it satisfies that the returns are genuine or authentic
proclamation of Boc but he is only a presumptive winner who assumes office
subject to the final outcome of the election protest o They have the power to suspend the canvass they deemed to be improbable
and clearly incredible
o When partially or totally annulling a proclamation or suspending the
effects of a proclamation, to be valid, it must be made with notice and
hearing CHAPTER 6
 Suspension of proclamation pending determination of a petition for
disqualification against a winning candidate is provisional in nature and can be Automated May 10,2010 Elections
lifted when the evidence so warrants  The first nationwide fully Automated Election System
o This can be issued ex parte  Automated Electronic System:
a. The voter using a special pen, fully shade the blank oval beside the name
of the candidate of his choice, listed in the ballot
b. The ballots are precinct specific
Principles governing Canvass Proceedings c. Ballots with erasures and extra markings are not accepted by the
 Incomplete canvass = illegal counting machines
o Cannot be the basis of a subsequent proclamation d. After the PCOS operator presses the “close voting” option, the PCOS
o This is true only where the election returns missing or not counted will automatically generates a tally of votes and then electronically
affect the results of the election transmits the counted votes to the municipal/city/district/provincial
canvassing centers up to the national level
e. The BEIs have identification cards and passwords that the canvassing
computer validate when the ERs are received by the BOC
Canvass of Votes for President and Vice President f. The ERs are tallied by the BOC at the municipality, provincial and national
a. Shall be transmitted to the Congress levels
 Human intervention which has been blamed for cheating is reduced to the
b. directed to the President of the Senate
minimum
c. who shall, not later than 30 days after the day of election,  Padding and shading of votes = “dagdag-bawas”
d. open all the certificates in the presence of the Senate and HoR in joint
public session
e. Congress, upon determination of the authenticity and due execution,
canvass the votes Board of Election Inspectors
 At least 1 BEI shall be an information technology capable person, who is
trained by the DOST to use the AES

Election Resulting in a Tie

 The BoC shall, after recording this fact in its minutes, by resolution, upon 5
days notice to all the tied candidates, hold a special public meeting at which Official Ballot
the BoC shall proceed to the drawing of lots of the candidates who may be 1. The COMELEC shall prescribe the size and form of the official ballot
favored by luck 2. Under each position, the names of the candidates shall be arranged
alphabetically by surname and uniformly printed using the same type size
3. There shall be a fixed space where the Chairman of the BEI shall affix
his/her signature to authenticate the official ballot
叶清蓮 Election Law P a g e | 12
 4. The official ballot shall be printed and distributed to each  It shall canvass the results and shall proclaim the winning candidates for
city/municipality at the rate of 1 ballot for every registered voter with a Senators and Party-List Representatives
provision of additional 4 ballots per precinct

Congress as National BOC

Filing of Certificate of Candidacy  Senate and HR in joint public session shall compose the National BOC for
 Any person who files his COC within the specified period shall only be President and Vice-President
considered as a candidate at the start of the campaign period for which he
filed his COC

Random Manual Audit

 There shall be a RMA in 1 precinct per congressional district randomly chosen
Election Returns by the COMELEC in each province and city
 Each copy shall be signed and thumbmarked by all the members of the BEI  Any difference between the automated and manual count will result in the
and the watchers present determination of root cause and initiate a manual count for those precincts
 If there is a BEI member who refuses to sign, the Chairman shall note it in affected
each copy of the printed election returns and such member shall be compelled  Effects of Discrepancy between AES and RMA:
to explain his/her refusal to do so a. In the event the results of the AES exceeds the allowable margin of
 Failure to explain an unjustifiable refusal to sign each copy of the printed variance, there will be an initiation of a manual count for those precincts
election returns shall be punishable b. In no way shall the results of the RMA delay the proclamation of the
 Chairman shall then publicly read and announce the total numbers of winning candidates based on the results reached by the AES
a. registered voters,
b. voters who actually voted
CHAPTER 7
c. votes obtained by each candidate
 Within 1 hour after printing of the ER, the Chairman shall, in the presence of CONTESTED ELECTIONS
watchers and representatives, electronically transmit the precinct results to
the respective levels of BOC Pre-Proclamation Controversy
1. Any question or matter pertaining to or affecting the
a. Proceedings of the BoC
Canvassing by Provincial, City, District and Municipal BOC o Who may raise the issue?
 Upon completion of the canvass, it shall print the certificate of canvass of i. Any candidate
votes for president, vice-president, senators, and members of HR and elective ii. Any registered political party
provincial officials and thereafter, proclaim the elected city or municipal
iii. Any registered coalition of political parties
officials
 Each certificate of canvass shall be supported by a statement of votes o Where to raise the issue?
 Within 1 hour after the canvassing, the Chairman shall electronically i. before the board, or
transmit the certificate of canvass to the COMELEC or Congress sitting as the ii. directly with COMELEC Division
National BOC  Except for petitions for correction of manifest error in the
 The Certificate of Canvass transmitted electronically and digitally signed shall Statement of Votes, or in the tabulation or tallying of the
be considered as official election results and shall be used as basis for the results  COMELEC en banc
proclamation of a winning candidate
b. Preparation, transmission, receipt, custody and appreciation of the
election returns and election and certificate of canvass (Secs. 233,
234, 235 and 236)
COMELEC as National BOC o Jurisdiction is only with the BOC
 Chairman and members of the COMELEC sitting en banc shall compose the  How raised?
National BOC for Senators and Party-list Representatives a. Motu propio b. Written petition

叶清蓮 Election Law P a g e | 13

 How made?
a. Submit oral objections to the Chairman of the BOC
b. The BOC shall automatically defer the contested canvass
c. Simultaneous with oral objection is the submission of written objections
d. Submit evidence
Exclusive Jurisdiction of COMELEC
 GR: All Pre-Proclamation Controversies involving Local Elective Officials
o Exception: pre-proclamation cases involving National Elective Officials
(President, Vice-President, Senator, and Member of House) on matters
relation to (b) [one enumerated above]
 Exception to the Exception: correction of manifest errors in the
certificate of canvass or election returns
 Upon due notice and hearing  it may order the
a. partial or total suspension of the proclamation of any candidate-elect, or
b. annul partially or totally any proclamation
Summary Hearing of Pre-Proclamation Controversies
 Heard summarily, and after due notice and hearing, promulgate its decision
and it shall be executory after the lapse of 5 days from receipt by the losing
party of the decision, unless restrained by SC
 Presentation of evidence by the parties before the COMELEC is not
indispensable in order to satisfy the demands of due process
o What is only required is that COMELEC shall dispose of pre-proclamation
controversies on the basis of the records and evidence elevated to it by the
BoC
Issues that may be Raised (Grounds for Pre-Proclamation Controversy):
a. Illegal composition or proceeding of the BoC
b. Incomplete (loss or destroyed returns), defective (material, if it affects
the outcome or integrity), or tampered or falsified canvassed election
returns, or contain discrepancies in the same or in other authentic copies
of the returns
c. Election returns were prepared under duress, threats, coercion, or
intimidation
d. Election returns were obviously manufactured (genuine or authentic in
character but are reflective of fraudulent acts done before or carried out
by the BEI) or not authentic
e. Substitute or fraudulent returns were canvassed, the results of which
materially affected the standing of the aggrieved candidate/s
叶清蓮 Election Law
f. Manifest Error – the only ground for national elective officials
g. Statistical improbability
 The issues provided for (grounds) are restrictive and exclusive
Where Election Returns Obviously Manufactured
 This fact must be obvious on the face of the returns
 Doctrine of Statistical Improbability – applied only where there is
a. unique uniformity of tally of all the votes cast in favor of all the
candidates belonging to one party
b. systematic blanking of all the opposing parties appear in the election
returns
Where Election Returns found to be Spurious or Falsified
 Outright exclusion of election returns on the ground that they were
fraudulently prepared by some members or non-members of BEI disenfranchises
the voters
 If the integrity and identity of the ballot box has not been violated, COMELEC
shall order the BEI to recount the votes and prepare a new canvass which the
BoC will use
 Where the integrity of the ballots has been violated, COMELEC need not
recount the ballots but should seal the ballot box and order its safekeeping
Questions properly cognizable in an Election Protest
a. Questions involving the appreciation of votes and the conduct of
balloting
b. Reopening of the ballot boxes
c. Sham voting or minimal voting which was made to appear as normal
through the falsification of election returns
 The powers of COMELEC are essentially executive and administrative in
nature, and the question of whether or not there had been terrorism, vote
buying and other irregularities in the elections should be ventilated in a
regular election protest
Effect of Filing Petition to Annul or Suspend the Proclamation
 It will suspend the running of the period within which to file an election
protest or a quo warranto proceedings
 Order of COMELEC suspending proclamation is merely provisional in nature
and can be lifted when evidence so warrants—akin to a temporary restraining
order
P a g e | 14
Remedy after winning candidate has been proclaimed
(1) Electoral protest before the proper forum-
(2) When proclaimed candidate may still be unseated-
a. When his opponent is adjudged the true winner of the election by a
final judgment of a court in the election contest
b. When the prevailing party is declared illegible or disqualified by
final judgment of a court in a quo warranto case
c. When the incumbent is removed from office for cause
d. When the proclamation is null and void for in such case the
proclamation is no proclamation at all- cannot deprive the COMELEC of
the power to make such declaration of nullity
o quo warranto was not the proper remedy;
o what was filed was not really a petition for quo warranto or an
election protest but a petition to annul a proclamation as where a
party alleges the existence of manifest errors in the preparation
of election returns;
o filing of a quo warranto petition or an election protest was
expressly made without prejudice to the pre-proclamation
controversy or was made ad cautelam;
o proclamation was null and void
 actual or compensatory damages may be granted in all election contests or
in quo warranto proceedings in accordance with the law

Institution Of Election Contest

Effect when term of contested office begins-  consists of either an election protest or a quo warranto – one objective: dislodge
 All pre-proclamation cases pending before the Commission shall be deemed the winning candidate from office
terminated at the beginning of the term of office involved and the rulings of (1) By a defeated candidate
the BOC, without prejudice to the filing of a regular election protest; (2) Against a proclaimed candidate
 Running of the period to file an election protest shall be deemed suspended by (3) There is a presumption of the validity of proclamation
the pendency of such cases before the Commission or the petition for certiorari
in the SC
Election Contest Imbued With Public Interest
ELECTION PROTEST PETITION FOR QUO WARRANTO  an election protest is not purely personal and exclusive to the protestant or to
the protestee because it is imbued with paramount public interest
PURPOSE: ascertain whether the GROUNDS:
candidate proclaimed elected by the a. Disloyalty to the Republic
BOC is the true and lawful choice of the b. Ineligibility
electorate Annulment of an election [Grounds]
Contest between the defeated and Special civil action under the Omnibus a. Fraud
winning candidates on the ground of Election Code b. Irregularities
frauds or irregularities in the casting c. Violations of Election Laws
and counting of the ballots, or in the
preparation of the returns
Raises the questions of who actually Raises in the issue the disloyalty or
obtained the plurality of the legal votes, ineligibility of the winning candidate; Annulment of proclamation
and therefore, entitled to hold the Proceeding to unseat the respondent  relief sought is the correction of mathematical errors which are not
office from office but not necessarily to install contributable to incorrect entries in any election returns, statement of votes
the petitioner in his place and cert of canvass, it is a petition for annulment/ declaration of nullity of
Can only be filed by a candidate who Any voter may initiate the action proclamation, not a petition to correct manifest errors
has duly filed a certificate of candidacy
and has been voted for in the preceding
elections EFFECTS OF DEMURER TO EVIDENCE – equivalent to a Motion to Dismiss

EFFECT OF FILING AN ELECTION PROTEST OR A PETITION FOR QUO WARRANTO Irregularities affecting election
(1) GR: the filing of an election protest or a petition for quo warranto  If election is in fact held, irregularities not proceeding from wrongful intent, in
precludes the subsequent filing of a pre-proclamation controversy, or the manner of calling, holding or certifying the election, do not affect the
amounts to the abandonment of one earlier filed; result.
(2) Exceptions:
o the BOC was improperly constituted;
叶清蓮 Election Law P a g e | 15
 Exceptions:
A. Irregularities of such nature and incapable of correction, or illegal or
unauthorized votes of such number, as to materially alter or affect the
results
B. Non-observance of mandatory provisions
C. Evidence must be convincing, otherwise the election returns and
canvassing proceedings will be upheld.
o Reliance should not be place on mere affidavits when they are self-
serving.
D. To vacate an election on the ground of intimidation or violence, despite
the fact that the elections were not arrested, it must clearly appear that
there was such display of force as ought to have intimidated men of
ordinary firmness
o It must also be shown that the number of voters prevented from
voting was sufficient to change the result
E. To justify the exclusion of election returns, the alleged threats,
intimidation or violence that attended its preparation must have affected
the regularity or genuineness of such returns
F. The question of existence of election irregularities must be ventilated in
regular election protests, not in the COMELEC.
Evidence on the election
 Ballots – Best evidence of the voter’s action.
Rules on the use of ballots vs. election returns as evidence in the proclamation
of a winning candidate
 Ballots cannot be used to overturn the election returns unless it is first
shown that the ballots have been preserved with care which precludes the
opportunity of tampering and all suspicion of change, abstraction or
substitution.
Effect of ineligibility or death of a candidate receiving majority of votes
1. English rule
o If known, votes cast shall not be counted
o The eligible candidate having the next highest number of votes will
be deemed elected
2. US rule
o The ineligible candidate receiving the highest number of votes will
not be proclaimed winner, the votes cast for him are so far effectual
as to prevent the election of other candidates
叶清蓮 Election Law
3. Philippines
o A candidate disqualified by final judgment before an election cannot
be voted for and votes cast for him shall not be counted
o No automatic proclamation as winner of the candidate who received
the 2nd highest number of votes
o A permanent vacancy in the contested office is created which should
be filled by succession
ELECTION OFFENSES
Jurisdiction to investigate and prosecute election offenses
 Under the Constitution and the OEC, COMELEC has the exclusive jurisdiction
to investigate and prosecute election offenses committed by any person
 It is the nature of the offense and not the personality of the offender that
matters
Criminal and electoral aspects of an election offenses
1. Criminal aspect
o Ascertainment of guilt or innocence of the accused
o Entails a full-blown hearing and proof beyond reasonable doubt
2. Electoral aspect
o Determination of whether the offender should be disqualified from
office
o Administrative proceeding which is summary and requires only a clear
preponderance of evidence.
o Petition for disqualification
Prohibited acts and election offenses under the OEC
1. vote-buying and vote-selling
2. conspiracy to bribe voters
3. wagering upon results of elections
4. coercion of subordinates to vote for or against any candidate
5. threats, intimidation, terrorism, use of fraudulent device or other
forms of coercion
6. coercion of election officials and employees
7. appointment of new employees, creation of new positions, promotion,
or giving salary increases within the election period
o 45 days before a regular election and 30 days before a special election
P a g e | 16
 o Allowable if:
a) with prior authority from the COMELEC and
b) position to be filled is essential to the proper functioning of the
office concerned, and
c) position is not filled in a manner that may influence the election
o Exception: In case of urgent need, so long as there is notice to the
COMELEC within 3 days from date of appointment.

8. transfer of officers and employees in the civil service within the

election period
o 2 elements must concur to be an offense:
a) fact of transfer or detail is within the election period fixed by
COMELEC
b) act was effected without prior approval of COMELEC

9. intervening of public officers and employees in the civil service in any

partisan political activity

10. use of undue influence – promises

11. unlawful electioneering

o Any person who solicits votes or undertakes any propaganda for or
against any candidate or any political party:
a.) on the day of registration before the BEI
b.) on the day of election within the polling place and within the
radius of 30 m thereof

12. prohibition against dismissal of employees, laborers, or tenants

13. appointment or use of special policemen, special agents, confidential

agents or the like

14. illegal release of prisoners before and after election

o Committed by:
a) the Director of the Bureau of Corrections
b) Any provincial warden
c) Keeper of the jail
d) Any person/s required by law to keep prisoners in their custody

15. Use of public finds, money deposited in trust, etc.

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