Election Law

ARELLANO UNIVERSITY
SCHOOL OF LAW

ATTY

ROBERTO A. DEMIGILLO

Outline of Presentation
The Legal framework the various Election laws
The Institutional framework - Commission on Elections
Voters and Voter Registration
Elective Officials and Candidates
Campaign

Elections: Postponement and Failure

Election day
Casting and Counting
Canvassing and Pre-Proclamation
Post- Proclamation; Election Contest ; Quo Warranto

Annulment of Election
Election Offenses

The Legal Framework

BP881 Omnibus Election Code

EO 157 - Absentee Voting of Govt officials and

employees
RA6644- Reducing minimum age of elective local
officials
RA6645 Filling up vacancy in Congress
RA6646 - Electoral Reforms
RA6735- Initiative and Referendum
RA7160 Local Government Code

The Legal Framework

RA 7166- Synchronized Natl and Local Elections
RA7941 Election of party-list reps
RA8171-

Repatriation of women who lost

citizenship by marriage to aliens and
natural born Filipinos
RA8173 Citizens Arm accreditation
RA8189 General Registration of Voters,
Continuing Registration
RA8295 Proc. of lone candidate in a special
election
RA9006 Fair election practices act

The Legal Framework

RA9189 -

Overseas Absentee Voting

RA 8436 Automated Election System Act

The Institutional Framework - Comelec

Enforcement: All laws and regulations on election.

plebiscite, initiative, referendum and recall.

Salva v. Makalintal GR 132603
Judicial Power: Elections, Returns and Qualifications
Not suffrage or right to vote
Jurisdiction: Original - Regional, Provincial and
City officials
Appellate - Municipal, Barangay officials
(Sangguniang Kabataan -DILG)
Recourse: En Banc (MR, administrative) and
Division (1st instance, judicial)
Process:
Division - MR to En Banc - Certiorari to SC

Commission on Elections
Judicial:

Disqualification, Election Protest,

Quo Warranto, Pre- Proclamation, Annulment
of Proclamation
Javier v Comelec GR L-22248
Administrative: Failure of Elections,
Postponement of Elections
(Pungutan v Abubakar) (Carlos v Angeles)
(Albano v Arranz)
Investigate and Prosecute Election Offense
Kilosbayan v Comelec GR 128054 Comelec does not search or gather proof
Annulment of Book of Voters (Sarangani v Comelec)
Contempt: Judicial, not Administrative

Voters: Concepts
Suffrage is a Right, Not Obligation
Qualifications of voters - defined in Constitution
Procedural Requirements allowed, Substantive not

allowed (Property, Religion, Gender, Literacy etc.)

Disqualifications defined in the Statute

Must allow: Absentee Voting, Dual Citizens, Disabled

and Illiterates to Vote

Relationship with Right to Run for Office

Voters: Qualifications
Filipino Citizen

At least 18 years of age on election day

Resident in the Philippines for at least 1 year prior to

election day

Resided in the place where he proposes to vote. for at

least 6 months prior to election day

Free from Disqualifications

In order to vote, one must be a registered voter

Voters: Disqualifications
Sentenced by final judgment imprisonment of 1

year or more
Sentenced to suffer accessory penalty forfeiture of

political rights (Romeo Jalosjos v Comelec)

Adjudged by final judgment crime involving

disloyalty
Court-declared insane and incompetent persons

Voters: Registration
Continuing
(Akbayan v Comelec special registration)
Computerized List
200 Voter per Precinct
Permanent but may be changed (+ or -): New Voters;

Transfer;

Deactivation and Activation; Cancellation; Inclusion and

Exclusion; and Annulment of Book of Voters (BV)

Sarangani v Comelec, GR 135927

Voters: Opposition to registration

Where to Oppose? Election Registration Board
How to Oppose? File Written Opposition
Why Oppose? Not Qualified, Fictitious

Voters: Deactivation of Registration

When Disqualified to Vote; Failed to Vote in 2

preceding elections
When Registration is Excluded by the Court
When Lose Filipino Citizenship

Voters: Inclusion/ Exclusion

Where to File? MTC (not Comelec), then appeal to

RTC
Pungutan v Abubakar - judicial function
Grounds

a. Disapproval or Name Stricken Out

(Inclusion);
b. Not Qualified or Voter Not Real
(Exclusion)

Voters: Inclusion/ Exclusion Petition

File Petition (refer to 1 precinct; Election Registration

Board (ERB) members as Respondents)

Service of Notice (4 modes personal, leaving, registered
mail ; posting in city/ mun. hall and in
2 other places)
Any Voter, Candidate or Political Party may intervene
Summary Proceedings (not conference inside Chambers)
Presentation of Evidence (No Stipulation of Facts)
Decision within 10 days from Filing
Appeal with RTC (5 days)

Voters: Annulment of B00k of Voters

Where File? COMELEC

(Sarangani et al v. Comelec, GR 135927)

Ghost precincts
Who Files? - Any Voter, Election Officer or registered

Political Party
What Grounds :
a. Book Prepared Improperly;
b. Preparation Attended with Forgery or
Fraud, Intimidation, Bribery
c. Book contains Statistically Improbable
Data

Voters: Election Day

Challenge of Illegal Voter
Grounds - Not registered; Use another name;

Disqualified; Multiple Registrant

(will be allowed to vote if properly identified)
Illegal Act - a) Vote-Buying; b) Vote-Selling; c) Vote-

Betting: d) Promise to induce or withhold vote

(will be allowed to vote if he takes oath)

Officials: Elective
National Office

President; Vice-President; Senators (24; 1/2);

Representatives (District and Party-List)
Local Office

LCE: Governor, Mayor and Punong Barangay;

VLCE: Vice-Governor and Vice-Mayor
Sanggunian Members; Sangguniang Kabataan

Officials: Party-List
Multi-Partism/ Party Loyalty/ Social Justice
Exclusive to Marginalized Organizations and Nominees ;

political parties may be registered under party list system

(Ang Bagong Bayani OFW case, GR. No. 147589)
(Atong Paglaum party list vs Comelec et al.)

Only in House of Representatives (20% of Total)

2% Threshold (and until filled up)

3-Seat Maximum

Officials: Candidate
Definition: Seeks public office and files certificate

of candidacy
Effect of Non-Filing: Not a candidate (re: liability

for unlawful acts and omissions)

Effect of Filing: On Tenure of Incumbents (elective

and appointive)

Officials: Substitution
Grounds Death, Withdrawal and Disqualification

Both Substituted and Substitute must be Qualified

When? Up to mid-day of election day (Rules may set

earlier deadline)

Substitute? Qualified and Same Party (or spouse)

Substituted can no longer run for any other position/

Withdrawal does not affect liabilities.

Votes cast for substituted are stray unless same surname

Officials: Qualifications
Set by the Constitution (for national) and statutes

(for local)
Citizenship
Age
Residency (Gayo v. Verceles) (Imelda Marcos v. Comelec)
(Agapito Aquino v. Comelec)

Registered Voter
Literacy

Free from Disqualifications

Undergo Drug Test under CDDA of 2002

(unconstitutional)

Officials: Disqualifications
Lack qualifications/ possess some disqualifications

Violate Term Rule (1-2-3 terms)

Commission of an election offense

Nuisance Candidate
Sentenced by Final Judgment accessory penalty
Wilfully Commits Material Misrepresentation

(Fermin v Comelec 2008)

No valid, timely and properly filed certificate of candidacy

Officials: Disqualifications

Lack of Qualifications
Where to File: Comelec Division
When to File: Before Proclamation

If Not, File: Quo Warranto

Officials: Disqualifications
Election Offense
What Offenses? Vote-Buying, Terrorism, Unlawful
Expenditures, Unlawful Campaign,
Coercion of Subordinates, Threats,
Prohibition against Release of Public
Funds
(Lanot v. Comelec early campaigning; when one
becomes a candidate)
Where to File? Comelec Division
When to File? Before Proclamation
If Not Filed? Election Protest and/ or Election

Offense

Officials: Disqualifications
Nuisance Candidate

Who Is?

Campaign Capability, Intention,

Performance, Exposure, Platform, Party
Affiliation, Organization, Profession,
Income, Health, Education, Name
Where to File? Comelec Division
When to File? Within 5 days from Last Day of Filing
of Certificate of Candidacy
If not Filed: No remedy

Officials: Disqualifications
Misrepresentation (Fermin v Comelec GR179695)
Misrepresentation must be Material (pertains to

Qualifications and Disqualifications) and Willful/

Deliberate; or even if there is Misrepresentation, if
candidate actually Qualified Not Disqualified
Where to File? Comelec Division
When to File? 25 days from Filing of CoC
If Not Filed: No remedy

Campaign: Concept
Definition of Campaign : Act designed to promote

or defeat a candidate
Determining Factor: Intent/ Design (not all acts of

beneficence are considered campaigning)

Application: All Candidates for All Elective Offices
Current Framework: Regulated but Liberalized

Campaign: Allowable Forms

Forming Organizations
Holding Rallies
Making Speeches
Distributing Campaign Materials
Soliciting Votes
Publishing Advertisements

Campaign: Propaganda
Paid Political Advertisements
Free Space and Airtime Osmena vs Comelec

political ad ban valid

Use of Gadgets and Billboards

Private Poster Areas
Posting in Private Places (decals, stickers in mobile places

in Adiong v. Comelec)
Election Surveys and Exit Polls

Campaign: Written Forms

Printed Materials (8.5Wx14L)

Letters
Posters (2x3), Poster Areas (12x16)

Rally Streamers (3x8)

Campaign: Paid Ads

Print: 1/4th page in broadsheet, in tabloid 3x a

week
Television: 120 minutes (for national) and 60

minutes (for local)

Radio: 180 minutes (for national) and 90 minutes

(for local)

Elections: Postponement
Grounds: Force majeure, Violence, Terrorism, Loss or

Destruction of Election Paraphernalia, and

Analogous Causes
Extent: Serious and Impossible to have free and orderly

elections
Conditions: Grounds must exist before voting
Authority: Comelec en banc (petition or motu propio)

Elections: Failure
Grounds: Force majeure, Violence, Terrorism, Fraud, and

Analogous Causes

Extent: Failure to elect and affect results of elections

(Batabor v Comelec)

Conditions: a. Election is not held

b. Election is suspended,
c. After voting, during preparations or
transmission of election returns, canvassing
d. Votes not cast are sufficient to affect results
Authority: Comelec en banc (petition) Carlos v Angeles

Election Day: Pre-Casting

Polling Places are Opened

Election Paraphernalia and Book of Voters Presented

and Examined in Public

BEI Chair Opens Ballot Box (turn upside down)
BEI locks Ballot Box
BEI Chair and Poll Clerk Sign at the Back of Each
Ballot
Watchers Present their Credentials

Election Day: Casting

Voters Vote in Order of their Entrance
Voter Approaches BEI Chair
BEI Verifies Identity
BEI Chair Announces Name (Voter may be Challenged:

Illegal Voter or Illegal Acts)

Voter Signs in EDCVL

BEI Chair Enters Ballot Number in EDCVL

Election Day: Casting

BEI Chair Signs at the Back of Ballot
BEI Chair Delivers 1 Ballot to Voter
Voter Proceeds to Voting Booth (If Voter spoils ballot, must be

surrendered and given another)

Voter Delivers Folded Ballot to BEI Chair

Voter Affixes Thumbmark in Coupon
BEI Chair Verifies Ballot Number
Voter Affixes Thumbmark in EDCVL

Election Day: Casting

Chair applies indelible ink on right forefinger nail of

voter

BEI Chair Signs VL

BEI Chair Detaches Coupon and Deposit Folded

ballot in Compartment for Valid Ballots and Coupon

in Compartment for Spoiled Ballots

Voter Departs

Election Day: Counting

Counting in Public and Without Interruption
Ballot Box Opened and Ballots Counted
Excess Ballots Disposed of
Marked Ballots Ascertained and Not Counted
Ballots Unfolded, then Placed in Piles of 100, then

Read Ballots of 1st

Pile 1-by-1, BEI Chair Affixes Thumbmark, Totals after
Reading of each
Pile
During Counting, Chairperson reads names, Poll Clerk
Records on
Election Returns, 3rd Member Records on Tally Board

Election Day: Counting

Rules on Appreciation Followed (Objections may be

made)
Valid Ballot
Intent Rule
3 Ss:

Surname, Sitting Official (Incumbent) and Slate

Distinguish Stray Vote and Invalid Ballot

Election Day: Counting

Proclamation of Results (Alterations and Corrections can

be made before Announcement)

Sealing of Counted Ballots and Election Returns and

Certification of Tally Sheet

Issuance of Certificate of Votes

Delivery of Ballot Boxes and Election Paraphernalia to

Local Treasurer

7 Copies of Election Returns Distributed

Canvassing: Concepts
Collegial Body: Board of Canvassers
Determination: Due execution and authenticity of ERs

and CoVs
Scope: Canvassing, Pre-Proclamation Controversies or
Manifest Errors and Proclamation
Delfin v Albano Comelec

can suspend proclamation

pending inquiry into irregularities /discrepancies between
various copies of ERs.

Mastura v Comelec Comelec can suspend canvass and if

ERs found falsified or tampered, can annul illegal canvass and

order BOC to reconvene

Canvassing: Pre-Proclamation
Grounds : Exclusive (BoC Composition/ Proceedings and ER/
CoC) Pre-proc controversy refers to any question pertaining to or affecting
the proceedings of the BOC Macabago v. Comelec)
No Pre-Proclamation Cases for National Positions only Manifest

Errors in COC or ERs - Chaves v Comelec GR 105323

Face of Election Returns (No evidence aliunde)

No violence, voting, voters, appreciation of ballots

2-Objection Rule: Verbal then Written

Aratuc v Comelec

Canvassing: Pre-Proc

ER/ CoV Delayed or Destroyed

Delayed (retrieval)
Lost or Destroyed (use other copies; with Comelec

authority

Canvassing: Pre-Proc
Material Defects
Material Defects: Name of Candidate Omitted, or

Votes of Candidate

Omitted (BEI to correct or recount)

Formal Defects: Not Sealed with Inner Paper Seal,

No Outer Paper Seal/ Seal Broken, # of Registered

Voters Not Stated, No Closing Signature by BEI,
Not Signed by Watchers

Canvassing: Pre-Proc
ER/ CoC Falsified/ Spurious
Grounds: Not Signed by BEI, Prepared by Non-

BEI, No Security Markings, Prepared by BEI under

Duress, or Contain Erasures (affect integrity)
Recourse: use other copies or recount

Canvassing: Manifest Errors

Any Palpable Error
Copies of ER tabulated more than 1x
2 Copies of ER tabulated separately
Mistake in adding
Mistake in copying of figures in statement of votes
ERs from non-existent precincts canvassed

Post-Proc: Election Protest

Grounds: Fraud and Irregularities in Casting,

Counting and Canvassing

Documents in Question: Ballots, ERs and CoCs
Venue: P/VP; Senators; Representatives; Regional;
Province; City; Municipality; Barangay
Requirements: Filed by candidate; Within period;
Protestee proclaimed; Payment of filing fee;
Allegations of fraud; Identify precincts;
Verified; Certificate of non-forum shopping
Procedure: Revision; Trial
If prosper: protestee removed, true winner
proclaimed

Post-Proc: Quo Warranto

Grounds: Disloyalty to Republic; Ineligibility

Venue: Same as Election Protest
If prosper: Respondent ousted; special elections or

succession
Gayo v Verceles GR 150477

Quo Warranto
RULE 66 QUO WARRANTO
Action by Government against individuals.-An action for the

usurpation of a public office, position or franchise

(a) A person who usurps, intrudes into, or unlawfully holds or

exercises a public office, position or franchise;
(b) A public officer who does or suffers an act which, by the
provision of law, constitutes a ground for the forfeiture of
his office; or
(c) An association which acts as a corporation within the
Philippines without being legally incorporated or without
lawful authority so to act.

Quo Warranto
An individual may commence such an action.

A person claiming to be entitled to a public office or position

usurped or unlawfully held or exercised by another may bring
an action therefor in his own name.
Parties and contents of petition against usurpation.-

The petition shall set forth the name of the person who claims
to be entitled thereto, if any, with an averment of his right to
the same and that the respondent is unlawfully in possession
thereof.
All persons who claim to be entitled to the public office x x x may be

made parties, and their respective rights to such public office,

position or franchise determined, in the same action.

Quo Warranto
Rights of persons adjudged entitled to public office
after taking the oath of office and executing any official bond

required by law,
a. take upon himself the execution of the office,
b. demand of the respondent all the books and papers in the
respondents custody or control
If the respondent refuses or neglects to deliver any book or paper, -

punished for contempt as having disobeyed a lawful order

of the court.

bring action against the respondent to recover the damages

sustained by such person by reason of the usurpation.

Post-Proc: Annulment

Grounds: Proclamation based on irregular and

illegal canvass Demafiles v Comelec
Venue: Comelec division
Effect: Proclamation annulled

Post-Proc: Election Offense

Grounds: Violation of Election Code, Commission of

Prohibited Acts
Failure to file statement of contributions and
expenditures obligations of candidate who
withdrew candidacy Pilar v Comelec

Investigation: Law Department or Prosecutors

Venue: Regional Trial Court
Effect: Disqualification, Fine/ Imprisonment

The Election Laws

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