INTRODUCTION

Election laws
1. Batas Pambansa Blg. 881 The Omnibus Election Code of the Philippines
2. Republic Act. No. 6646The Electoral Reform Law of 1987
3. Republic Act No. 7166 Synchronized National and Local Elections
4. Republic Act No. 7941 Party-List Systems Act
5. Republic Act No. 8346 Automated Election System
6. Republic Act No. 8189 Voter’s Registration Act of 1996
7. Republic Act No. 9006 Fair Election Act
8. Republic Act No. 9189 Overseas Absentee Voting Act of 2003

Election The listing of votes, the holding of electoral campaign, the act of
casting and receiving the ballots from the voters, counting them,
making the election returns, and proclaiming the winning
candidate

Regular An election participated in by those who possess the right of

election suffrage, are not otherwise disqualified by law, and who are
registered voters

Special An election held when there is a failure of election on the

election scheduled date of regular election in a particular place or which is
conducted to fill up certain vacancies, as provided by law

Objectives of election laws

1. To banish the spectre of revenge from the minds of the timid or defenseless
2. To render precarious and uncertain the bartering of votes
3. To secure a fair and honest count of the ballots cast

THE COMMISSION ON ELECTIONS

Composition Chairman and six (6) commissioners, each with a term of
seven years and without reappointment

Qualification of 1. Natural-born citizens of the Philippines

Commissioners 2. At least 35 years of age at the time of their appointment
3. Holders of a college degree
4. Must not have been candidates for any elective position
in the immediately preceding elections
5. Members of the Philippine bar who have been engaged in
the practice of law for at least ten (10) years - for
Chairman and a majority of the commissioners

Powers and Executive function

functions 1. Enforce and administer all laws and regulations relative to
the conduct of an election, plebiscite, initiative,
referendum and recall
2. Exercise direct and immediate supervision and control
over election officials. Deputize, with the concurrence
of the President, law enforcement agencies and
instrumentalities of the Government, including the Armed
Forces of the Philippines, for the exclusive purpose of
ensuring free, orderly, honest, peaceful and credible
elections

3. Register, after sufficient publication, political parties,

organizations, or coalitions which, in addition, to other
requirements, must present their platform or program
and government; and accredit citizens’ arms of the
Commission on Elections

4. Recommend to the Congress effective measures to

minimize election spending, including limitation of place
where propaganda materials shall be posted, and to
prevent and penalize all forms of election frauds,
offenses, malpractices and nuisance candidates

5. Recommend administrative disciplinary actions.

Recommend to the President the removal of any officer or
employee it has deputized, or the imposition of any other
disciplinary action, for violation or disregard of, or
disobedience to its directive, order, or decision

6. Submit to the President and the Congress a

comprehensive report on the conduct of each elections,
plebiscite, initiative, referendum, or recall

7. Act as board of canvassers for senators (section 2, EO

144)

Quasi-judicial function
8. Exercise exclusive original jurisdiction over all
contests relating to the elections, returns, and
qualifications of all elective regional, provincial, and city
officials, and appellate jurisdiction over all contests
involving elective municipal officials decided by the RTC,
or involving elective barangay officials decided by the
MTC

9. Decide, except those involving the right to vote, all

questions affecting elections, including determination of
the number and location of polling place, appointment of
election officials and inspectors, and registration of voters

10.File, upon a verified complaint, or on its own

initiative, petitions in court for inclusion or exclusion of
voters, investigate and, where appropriate, prosecute
 cases of violations of election laws, including acts or
omissions constituting election frauds, offenses and
malpractices

Jurisdiction of • Election cases, including pre-proclamation controversies,

COMELEC in shall be heard and decided by divisions provided that
division, en banc motions for reconsideration of decisions shall be decided
by the Commission en banc

• Any decision by the Commission en banc as regards

election cases decided by it in the first instance is
null and void, EXCEPT in the following cases:

1. When what is involved in the case is purely

administrative, and not quasi-judicial in nature
2. When the required number of votes to reach a
decision, resolution, order or ruling is not obtained in
the division
3. When the petitioner invoked the jurisdiction of the
COMELEC en banc, participated in its proceedings and
sought reliefs therefrom, in which case he is stopped
to subsequently question the jurisdiction of the
COMELEC en banc
4. In petitions for postponement, declaration of failure of
election and the calling of special elections
5. In the prosecution of election cases, when it conducts
preliminary investigation, decides whether or not
there exists a probable cause and files the
corresponding information in court
Measures to ensure 1. The Chairman and Commissioners are given fixed terms,
independence without reappointment

2. Their salaries shall not be decreased during their

continuance in office

3. They shall not, during their tenure in office, engage in

practice of any profession or in the management of any
business, or be financially interested directly or indirectly
in any contract with, or in any franchise or privilege
granted by, the Government, or any subdivision, agency,
or instrumentality thereof, including government-owned
or controlled corporations

4. They can only be removed from office on impeachment

for and conviction of, culpable violation of the
Constitution, treason, bribery, other high crimes, or graft
and corruption

Others
5. No pardon, amnesty, parole, or suspension of sentence
 for violation of election law, rules and regulations shall be
granted by the President without the favorable
recommendation of the Commission

6. Funds certified by the Commission as necessary to defray

for holding regular and special elections, plebiscites,
initiatives, referenda, and recalls, shall be provided in the
regular or special appropriations and, once approved,
shall be released automatically upon certification by the
Chairman of the Commission

Election period Commences 90 days before the day of election and shall
end 30 days thereafter

Examples of quasi- • Whether or not a candidate is entitled to use a

judicial issues particular nickname and whether or not votes for such
candidates under his nickname
• Resolution of adverse claims of the opposing political
parties
Examples of • Questions concerning the COMELEC’s choice of an
administrative appointee to occupy a position
issues • Correction of errors in the tabulation or tally of results
by the board of canvassers
• Correction of manifest errors by the board of
canvassers
• The registration of voters
• Questions whether elections have been held or
whether certain returns were falsified or manufactured
and therefore should be excluded from the canvass

Jurisdictions

Original Motion for Appellate

jurisdiction Reconsideration jurisdiction
All contests relating COMELEC in COMELEC en banc Supreme Court
to the elections, division (certiorari under
returns and Rules 64 and 65 of
qualification of all the Rules of Court)
elective regional,
provincial, and
city officials
Petition for MTC COMELEC
disqualification
filed before the
election, quo
warranto and
election protest
involving barangay
election officials
Petitions for
disqualification of
municipal,
provincial, city, COMELEC
congressional, COMELEC has
senatorial, vice no jurisdiction
residential and and shall
presidential dismiss the
officials ........ petition
filed before the
election
....... filed after
the election

Issuance of rules and regulations; shall take effect on the 7th day after publication

ELIGIBILITY OF CANDIDATES

President/ Senators HR/ Sectoral

VPresident representative

Citizenship Natural-born Filipino citizen

Age (on the day of At least 40 years At least 35 At least 25 years
the election) old years old old

Residency At least 10 years At least two Not less than one

requirement years year
(immediately
preceding the
election)
Others • Registered voter
• Able to read and write

For sectoral representative

• A bonafide members of the sector he seeks to
represent

Governor/VGoverno Mayor/VMayor Sangguniang

r/ (Independent Panglunsod/
SPanlalawigan/May component cities, Sangguiang Bayan/
or/ component cities Punong Barangay/
VMayor/Sangunnia or municipalities) Sangguniang Barangay
 ng Panglunsod
(Highly urbanized
cities)

Citizenship Citizen of the Philippines

Age (on the At least 23 years At least 21 years At least 18 years of
day of the old old age
election)
Residency At least one year
requiremen
t
(immediate
ly
preceding
the
election)
Others • Able to read and write Filipino or any other local language or
dialect
• Registered voter

Citizenship
1. Natural born: those who are citizens of the Philippines from birth without
having to perform any act to acquire or perfect their Philippine citizenship
2. Naturalized

Note:
The citizenship requirement in the Local Government Code is to be possessed by an
elective official at the latest as of the time he is proclaimed and at the start of the
term of office to which he has been elected.

Reacquisition of citizenship may be had in any of the following manner

1. Naturalization
2. Repatriation: results in the recovery of the original nationality and validates
his registration as a voter which retroacts to the date of filing of the said
petition and makes him a qualified candidate for an elective position
3. By direct act of Congress

Sec. I, Article IV, 1987 Constitution

1. Those who are citizens of the Philippines at the time of the adoption of the
Constitution;
2. Those whose fathers or mothers are citizens of the Philippines;
3. Those born before January 17, 1973 of Filipino mother, who elect Philippine
citizenship upon reaching the age of majority;
4. Those who are naturalized in accordance with law

Grounds for 1. Those sentenced by final judgement for an offense involving

disqualification moral turpitude or for an offense punishable by one (1) year
 or more of imprisonment, within two (2) years after serving
Note: sentence
Applicable for 2. Those removed from office as a result of administrative case
local elective 3. Those convicted by final judgement for violating the oath of
positions allegiance to the Republic
4. Those with dual citizenship
5. Fugitives from justice in criminal or non political cases here
or 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 Code
7. The insane or feeble-minded
Grounds for Section 68, Omnibus Election Code
disqualification 1. Any candidate who is declared by final decision of a
competent court guilty, or found by the Commission of:
Note: a. Given money or other material consideration to
COMELEC influence, induce or corrupt the voters or public officials
jurisdiction to performing electoral functions
disqualify b. Committed acts of terrorism to enhance his
candidates for candidacy
the commission c. Spent in his election campaign an amount in
of election excess of that allowed by the Code
offenses is d. Solicited, received or made any contribution
limited to those prohibited under sections 89, 95, 96, 97 and 104
enumerated e. Violated any of sections 80 (election campaign or
under section 68. political activity outside campaign period), 83 (removal,
All other election destruction or defacement of lawful election propaganda),
offenses are 85 (prohibited forms of election propaganda; repealed by
beyond the R.A. No. 9006), 86 (regulation of election propaganda
ambit of through mass media) and 261, paragraphs d (coercion of
COMELEC subordinates), e (threats, intimidation, terrorism, use of
jurisdiction fraudulent device or other forms of coercion), k (unlawful
electioneering), v (release, disbursement or expenditure
of public funds), and cc, sub-paragraph 6 (solicitation
of votes or undertaking any propaganda on the day of the
election)

2. Any person who is a permanent resident of or an immigrant

to a foreign country, unless he has waived his status as such
in accordance with the residence requirement provided for in
election laws

Section 12, Omnibus Election Code

Any person who:
1. Has been declared insane or incompetent by a competent
authority;
2. Has been sentenced by final judgement for subversion,
insurrection, rebellion;
3. Has been convicted by final judgement of any offense for
which the penalty is more than 18 months; and
 4. Has been convicted by final judgement of a crime involving
moral turpitude.

Others
• Any person who has been convicted of other crimes which
carries the penalty of disqualification from being a voter or
from holding public office

Dual citizenship Status of a person who is a citizen of two or more countries

at the same time. It arises when, as a result of concurrent
application of the different laws of two or more states, a
person is simultaneously considered a national by the said
states

Example:
1. Those born of Filipino fathers and/or mothers in foreign
countries which follow the principle of jus soli;
2. Those born in the Philippines of Filipino mothers and
alien fathers if by the laws of their fathers’ country such
children are citizens of that country; and
3. Those who marry aliens if by the law of the latter’s
country the former are considered citizens, unless by
their act or omission they are deemed to have renounced
Philippine citizenship
Requisites for change 1. Residence or bodily presence in the new locality
or residence 2. An intention to remain there
3. An intention to abandon the old domicile

Petition for Disqualification

Pre-election disputes
Examples 1. Petition for disqualification
2. Petition for declaration of a candidate a nuisance
candidate
3. Petition to deny due course or cancel the certificate of
candidacy
Petition for disqualification
Grounds 1. Does not possess all the qualifications of a candidate as
provided by the Constitution or by existing law; or
2. Who commits any act declared by law to be grounds for
declaration
Who may file 1. Any citizen of voting age
2. Any political party, organization or coalition of political
parties
Where to file Law Department of the Commission on Election
When to file Any day after the last day for filing of certificates of
candidacy but not later than the date of proclamation
Nature of proceeding Summary (after due notice)
Effect if final He shall not be voted for and the votes cast for him are
judgement before considered stray and shall not be counted
election is handed
down
Effect if unresolved Votes cast may be included in the counting and canvassing
before completion of If evidence of guilt is strong, his proclamation shall be
canvass suspended notwithstanding the fact that he received the
winning number of votes in such election
Petition to declare nuisance candidate

Who may file Any registered candidate for the same elective office
Where to file Law department of the COMELEC
When to file Within 5 days from the last day for the filing of certificates of
candidacy
Petition to cancel candidacy
Who may file Any person

Pre-proclamation controversies
Examples • Questions pertaining or affecting the proceedings of the
board of canvassers
a. Illegal composition or proceedings of the members of
the board of canvassers such as when majority or all
of the members do not hold legal appointments or are
in fact usurpers
b. Canvassing has been a mere ceremony that was pre-
determined and manipulated to result in nothing but
a sham as where there was convergence of
circumstances of precipitate canvassing, terrorism,
lack of sufficient notice to the members of the board
of canvassers and disregard of manifest irregularities
on the face of the questioned returns or certificates of
canvass in appropriate cases

• Arise under sections 233, 234 and 236 of the Omnibus

Election Code
Where to file Board of Canvassers, decisions appealable to the COMELEC
within 3 days therefrom

Directly with the COMELEC

Post-election disputes
1. Election protest/ pertains to the casting and counting of votes and raises the
contest question as to who actually received the majority of the
legal ballots
a. Who a candidate who has duly filed a certificate of candidacy and
may file has been voted to the same office
b. Where COMELEC regional, provincial and city officials
to file RTC municipal officials
 MeTC/ MTC barangay officials
Electoral Tribunal president, vice president, senator and
congressman
c. When to within 10 days after proclamation of the winning candidates
file
d. Grounds fraud, vote buying, terrorism, presence of flying voters,
for petition misreading or misappreciation of the ballots,
disenfranchisement of voters, unqualified members of the
board of election inspectors, other election irregularities
e. Element 1. That protestant is a candidate who has duly filed a
s certificate of candidacy and had been voted for the same
office
2. That the protestee has been proclaimed
3. That the petition was filed within 10 days after
proclamation
4. That fraud and election irregularities vitiated the conduct
of elections and affected the legality thereof
f. Others 1. Non-forum certification mandatory; non-compliance may
warrant dismissal of petition
2. Payment of docket fee also mandatory ; failure to pay
the fee on time deprives the court or the commission of
the authority to try the case
3. Withdrawal of the protest is the exclusive prerogative of
the protestant
4. An election protest duly commenced is not abated by the
death of either the protestant or protestee; the
deceased’s legal representative (one who is entitled to
the office in the event the deceased’s cause prevails)
may be substituted in place of the deceased
5. Acceptance by the protestant of a position does not
amount to the abandonment of the election protest
6. The pendency of an election protest is not sufficient
basis to enjoin the protestee from assuming office as
required of him by law. Until and unless the election
protest is decided against the protestee, he has a lawful
right to assume and perform the duties of the office to
which he has been elected
7. Quo warranto pertains to the eligibility or disability of the winning
candidates
a. Who any voter
may file
b. Where COMELEC regional, provincial and city officials
to file RTC municipal and barangay officials
Electoral Tribunal president, vice president, senator and
congressman
c. When to within 10 days after proclamation
file
d. Grounds ineligibility or disloyalty to the Republic of the Philippines on
for petition the part of the winning candidate
e. Others Exception to the 10-day filing period: one filed on the
 ground that the proclaimed candidate is an alien; can be
filed anytime

Election protest Quo warranto

Office Disqualification of elected Annul election of winning
official based on grounds of candidate on grounds of
election frauds or disloyalty and ineligibility
irregularities
Parties Protestant and protestee Petitioner and respondent
Who may file Candidate who has duly filed Any voter
a certificate of candidacy Adverse party
and has been voted to the
same office
Consequence Protestee may be ousted and Respondent may be
the protestant seated in the unseated but the petitioner
office vacated will not be seated; rules on
succession and second
placer apply
NOTES On election protest and quo warranto:
• May not be availed of jointly and in the same proceeding
• Can be separately filed, with the second and latter case
suspended until the earlier one is resolved
• An action for quo warranto cannot be converted into an
election protest
3. Criminal a. Vote buying and vote selling
prosecution for b. Conspiracy to bribe voters
election offense c. Wagering upon result of election
against the d. Coercion of subordinates
winner e. Threats, intimidation, terrorism, use of fraudulent device
or other forms of coercion
f. Coercion of election officials and employees
g. Appointment of new employees, creation of new position,
promotion or giving of salary increases
h. Transfer of officers and employees in the civil service
i. Intervention of public officers and employees
j. Undue influence
k. Unlawful electioneering
l. Prohibition against dismissal of employees, laborers, or
tenants
m. Appointment or use of special policemen, special agents,
confidential agents or the like
n. Illegal release of prisoners before and after election
o. Use of public funds, money deposited in trust,
equipment, facilities owned or controlled by the
government for an election campaign
p. Deadly weapons
q. Carrying firearms outside residence or place of business
r. Use of land, water or air craft
s. Wearing of uniforms and bearing arms
 t. Policemen and provincial guards acting as bodyguards or
security guards
u. Organization or maintenance of reaction forces, strike
forces, or other similar forces
v. Prohibition against release, disbursement or expenditure
of public funds
w. Prohibition against construction of public works, delivery
of materials for public works and issuance of treasury
warrants and similar devices
x. Suspension of elective provincial, city, municipal or
barangay officer
y. On registration of voters
z. On voting
aa. On canvassing
bb.Common to all boards of election inspectors or boards of
canvassers
cc. On candidacy and campaign
dd.Other prohibitions
Notes • COMELEC is vested with exclusive authority to conduct
preliminary investigation and prosecution of election
offenses before the competent court
•

ELECTORAL TRIBUNALS

Senate Electoral Tribunal/ House of Representatives Electoral Tribunal

Role sole judge of all contests relating to the election, returns
and qualification of their respective members
Election refers to the conduct of the polls, the holding of the election
campaign, and the casting and counting of votes
Returns refers to the canvass of the returns and proclamation of the
winners, including questions concerning the composition of
the board of canvassers and the authenticity of the election
returns
Qualifications pertains to matters that could be raised in a quo warranto
proceedings
Sole underscores the exclusive jurisdiction of the electoral
tribunals relating to the election, returns and qualifications
of their members
Membership Nine members:
3 justices of the Supreme Court
Members of the Senate/HR

Chairman
Senior justice in the electoral tribunal
Notes • Judicial review of decisions or final orders of the electoral
tribunal is possible only in the exercise of the Supreme
Court’s extraordinary jurisdiction
 • A COMELEC decision dismissing a petition to cancel a
certificate or candidacy for lack of the required residence
that has become final before the date of election did not
constitute res judicata
Presidential Electoral Tribunal
Membership Members of the Supreme Court sitting en banc
Notes • A protestant is deemed to have abandoned or withdrawn
his protest when he ran, won and assumed another
elective post