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Election

Contest

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

Nature of Election Contest


An election contest is imbued with public interest. The election contest
must be liberally construed to favor the will of the people. An election
contest may not be defeated by mere technical objections. Until and unless
the election protest is decided against him, a person who has been
proclaimed as duly elected has the lawful right to assume and perform the
duties and functions of the office.

Jurisdiction over election contests


Electoral Tribunals of the Senate
and House of Representatives

Supreme Court

The Supreme Court, sitting en banc, shall be the sole judge


of all contests relating to the election, returns, and
disqualifications of the President, Vice-President, and may
promulgate its rules for such purpose. (Art. VII, Sec. 4,
1987 Constitution)

The Senate and the House of


Representatives have their own electoral
tribunals. Each electoral tribunal has 9
members: 3 Supreme Court Justices, 6
members of the Senate or House of
Representatives, as the case may be,
who shall be chosen on the basis of
proportional representation from the
political parties and the parties or
organizations registered under the partylist system represented therein. (Art. VI,
Sec. 17, 1987 Constitution)

Regional and Municipal Trial


Courts

COMELEC

The COMELEC has exclusive original jurisdiction over all election


contests relating to the elections, returns, and qualifications of all
elective:

(2) Provincial Officials; and

The Regional Trial Courts and Municipal Trial


Courts have exclusive original jurisdiction
over municipal and barangay officials,
respectively.

It must be noted that cases involving


qualifications of candidates for the
Sangguniang Kabataan filed before the
election are decided by the Election Officer,
while those filed after the election are
decided by the MTCs

(3) City Officials Decisions in these cases may be appealed to the


Supreme Court

(1) Regional Officials;

The COMELEC has appellate jurisdiction over all contests involving


elective municipal officials decided by trial courts of general
jurisdiction (i.e., Regional Trial Courts) or involving elective barangay
officials decided by trial courts of limited jurisdiction (i.e., the
Municipal Trial Courts).
involving elective municipal and barangay offices shall be final,
executory and not appealable. (Sec. 2, Art. IX-C, 1987 Constitution)
Note, however, that this does not preclude a recourse to the Supreme
Court by way of a special civil action for certiorari.

Election Contests for


President & Vice-President

The Supreme Court, sitting en banc shall be the sole judge of all
contests relating to the election, returns, and qualifications of the
President or Vice-president, and may promulgate its rules for the
purpose.

A.M. No. 10-4-29-SC (May 4, 2010)

The 2010 Rules of the Presidential Electoral Tribunal

Anticipation of the first automated Presidential and Vice-Presidential


elections.

Rules under A.M. No. 10-4-29-SC:


Rule 8. Inherent powers of the Tribunal:

Preserve and enforce order in proceedings before it or before any of its


Divisions or officials acting under its authority;

Administer or cause to be administered oaths in any contest before it,


and in any other matter where it may be necessary in the exercise of its
powers;

Compel the attendance of witnesses and production of evidence in any


contest before it.

Compel obedience to its decisions, resolutions, orders and processes;

Control its processes and amend its decisions, resolutions or orders to make them
conformable to law and justice;

Authorize a copy of a lost or destroyed pleading or other paper to be filed and used
instead of the original copy thereof, and to restore and supply deficiencies in its
records and proceedings; and

Promulgate its own rules of procedure and amend or revise the same (R7)

Rule 14. How is an election contest


initiated?

An election contest is initiated by the filing of an election protest or a


petition forquo warrantoagainst the President or Vice- President. An
election protest shall not include a petition forquo warranto. A petition
forquo warrantoshall not include an election protest.

Rule 15. Election Protest

The registered candidate for President or Vice-President of the


Philippines who received the second or third highest number of votes
may contest the election of the President or Vice-President, as the case
may be, by filing a verified election protest with the Clerk of the
Presidential Electoral Tribunal within thirty days after the proclamation
of the winner.

Rule 16. Quo Warranto

A verified forquo warrantocontesting the election of the President or Vice - President


on the ground of ineligibility or disloyalty to the Republic of the Philippines may filed
by any registered voter who has voted in the election concerned within ten days after
the proclamation of the winner.

QUO WARRANTO:

* Alegalproceedingduringwhichanindividual'srighttoholdanofficeorgovernmental
privilegeischallenged.

Rule 17. Contents of the Protest or


petition.

(A) An election protest or petition forquo warrantoshall commonly


state the following facts:

(a) the position involved;

(b) the date of proclamation; and

(c) the number of votes credited to the parties per the proclamation.

Rule 17. Contents of the Protest or


petition.

(B) Aquo warrantopetition shall as state:

(a) the facts giving the petitioner standing to the file the petition;

(b) the legal requirements for the office and the disqualifications
prescribed by law;

(c) the protestee's ground for ineligibility or the specific acts of


disloyalty to the Republic of the Philippines

Rule 17. Contents of the Protest or


petition.

(C) An election protest shall also state:

(a) that the protestant was a candidate who had duly filed a certificate of candidacy and
had been voted for the same office.

(b) the total umber of precincts of the region, province, or city concerned;

(c) the protested precincts and votes of the parties to the protest in such precincts per the
Statement of Votes By Precincts, or if the votes of the parties are not specified, an
explanation why the votes are not specified ; and

(d) a detailed specification of the acts or omissions complained of showing the electoral
frauds, anomalies, or irregularities in the protested precincts. (n)1avvphi1

Rule 21. Summary Dismissal of


Election Contest

An election protest or petition forquo warrantomay be summarily dismissed by the


Tribunal without requiring the protestee or respondent to answer if, inter alia:

(a) the protest or petition is insufficient in form and substance;

(b) the protest or petition is filed beyond the periods provided in Rules 15 and 16;

(c) the filing fee is not paid within the periods provided in Rules 15 and 16;

(d) the cash deposit or the first Two Hundred Thousand Pesos (P 200,000.00) is not paid
within ten days after the filing of the protest; and

(e) the protest or petition or copies and their annexes filed with the Tribunal are not clearly
legible. (R20a)

Case Study:
Dimangadap Dipatuan vs.
Comelec

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