Elecion Law Reviewer

7/29/2019 Elecion Law Reviewer

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ARTICLE VPolitical Party

"Any organized group of citizens advocating an ideology, platform,principles andpolicies forthe general conduct of government and which, as the most immediate means of securing theiradoption, regularly nominates and supports certain of its leaders and members as candidate inpublic office." (Bayan Muna vs. COMELEC, G.R. No. 147613, June 28, 2001)

KINDS

National Party

Over the geographical territory of at least a majority of the Regions.

Regional Party

Over the geographical territory of at least a majority of the cities and provincescomprising the region.

Sectoral Party

Organized group of citizens belonging to a sector.

Sectoral Organization

Group of citizens or a coalition of groups of citizens who share similar physical attributes orcharacteristics, employment, interest or concerns.

Coalition

aggroupation of duly registered national, regional, sectoral parties or organizations forpolitical and/or election purposes.

SECTORS OF A POLITICAL PARTY

Labor

Peasant

Fisherfolk

Urban poor

Indigenous cultural communities

Elderly

Handicapped

Woman

Youth

Veterans

Overseas workers and professionals whose principal advocacy pertains to special interest andof their sector.

How to qualify as a POLITICAL PARTY?


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In order to acquire juridical personality as a political party, the group must be registered withthe COMELEC not later than 90 days before the election by filing a verified petition stating itsdesire to participate in the party-list system.

WHO ARE NOT ALLOWED TO REGISTER?

1) Religious sect, denomination or organization.

2) Those who seek to achieve their goals through violence or unlawful means.

3) Those who seek to achieve their goals through violence or unlawful means.

4) Those supported by foreign government

GROUNDS FOR CANCELLATION OF REGISTRATION

1) Receives foreign support.

2) Religious sect, denomination, organization.

3) Advocates violence or unlawful means.

4) Foreign party or organization.

5) Violates election laws.

6) Untruthful statements in its petition.

7) Ceased to exist for at least 1 year.

8) Failed to participate in the last 2preceding elections.

9) Failed to obtain at least 2% of the votes cast under the party-list system in the 2 precedingelections.

(R.A. No. 7941, Sec. 81, BP 881)

PARTY LIST SYSTEM ACT(R.A. No. 7941)

A mechanism of proportional representation in the election of representatives to the House ofRepresentatives, from national, regional, and sectoral parties or organization or coalitionthereof registered with the COMELEC.

Four Inviolable parameters to determine winners in the Party-List System

1) 20% allocation

2) 2% threshold

3) 3 - seat limit

4) Proportional representation

(Ang Bagong Bayani-OFW Labor Party vs. COMELEC, June, 25, 2003)


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Qualifications of Party-List Nominees

1) Natural born citizen of the Philippines

2) Registered voter

3) Residence of the Philippines for a period of not less than 1 year

4) Able to read and write

5) Bona fide member of the party or organization for at least 90 days preceeding the days ofelection

6) At least 25 years of age on the day of the election

ARTICLE VIEligibility of Candidates and Certificates of Candidacy

Who is a Candidate? "any person aspiring for or seeking an elective public office , who has fileda Certificate of Candidacy (COC) by himself or through an accredited political party,aggroupment, or coalition of parties." (Section 79 (a) Omnibus Election Code)

QUALIFICATIONS

President, Vice-President and Senator:

a) natural-born Filipino citizen

b) a registered voter

c) able to read and write

d) President and Vice President - 40 years of age

resident of the Philippines for at least 10 years

e) Senator - 35 years of age

resident of the Philippines for at least 2 years

Members of the House of Representatives:

a) natural-born Filipino citizen

b) 25 years of age

c) able to read and write

d) except the party-list representatives, a registered voter in the district in which he shall beelected

e) resident thereof for a period of not less than 1 year

(Sec. 6, Art. VI, Phil. Consti.)

City Mayor, Vice-Mayor,

Councilor & Punong Barangay:


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a) Filipino citizen

b) 21 years of age (City Mayor & Vice Mayor)

c) 18 years of age (City Councilor & Punong Barangay)

d) resident of the city for at least one year

e) a registered voter

f) able to read and write

(Sec. 39, Local Government Code)

CASE:FRIVALDO vs. COMELEC(174 SCRA 245)

Qualifications prescribed by law are continuing requirements and must be possessed for theduration of the officer's active tenure. Once any of the required qualification is lost, his title tothe office may be seasonable challenged.

DISQUALIFICATIONS under the OEC

1) Declared as insane or incompetent by a competent authority.

2) A permanent resident to or immigrant to a foreign country unless he waives such status.

3) Sentenced by a final judgment for any of the following offenses:

a) subversion, insurrection, rebellion, or

b) Offense for which he has been sentenced to a penalty for more than 18 months.

c) Crime involving moral turpitude. (i.e. issuing of a bouncing checks without sufficientfunds, (Villaber vs. COMELEC, Nov. 15, 2001, G.R. 148326).

DISQUALIFICATIONS under the LGC

1) Sentenced by final judgment for an offense punishable by 1 yr. or more of imprisonment orwithin 2 yrs. after service.

2) Remove from office as a result of an administrative case.

3) Convicted by final judgment for violating the oath of allegiance to the Republic of thePhilippines.

4) Those with dual citizenship.

5) Fugitive from justice.

6) Permanent residence in a foreign country.

EFFECTS OF DISQUALIFICATION

Any candidate who has been declared by final judgment to be disqualified shall not be votedfor, and the votes cast for him shall not be counted. (Sec.6, R.A. No. 6646)


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Nevertheless, if for any reason, a candidate is not declared by final judgment before anelection to be disqualified and he is voted for and receives the winning number of votes insuch election, his violations of the provisions of the preceding sections shall not prevent hisproclamation and assumption to office. (New)

CERTIFICATE OF CANDIDACY

Contents of COC:

A candidate shall use in his Certificate of Candidacy (COC) the name by which he has beenbaptized or if he has not been baptized in any church or religion, the name registered in theOffice of the Local Civil Registrar, or any other name under the provisions of existing law. (Sec.2, Res. No. 9518)

The person filing the COC shall include one nickname or stage name by which he is generallyor popularly known in the locality; (Sec. 2, Res. No. 9518)

Provided; that no candidate shall use the nickname, stage name or initials of another.

In case of several nicknames or stage names, only the nickname or stage name first writtenshall be considered.

The COC shall be sworn before a Notary Public or any official authorized to administer oath.

Nota Bene:

COMELEC officials are not authorized to administer oath.

While the COC is required to be under oath, the election of a candidate cannot be annulled onthe sole ground of formal defect in the Certificate such as lack of required oath. (De Guzmanvs. Board of Canvassers, 48 Phil. 211)

The person filing a COC shall write in the appropriate spaces provided for in Item No. 4 of theCOC, the following data/s:

1) Last Name (in case of a female candidate, her married OR maiden name, whichever sheprefers)

2) First Name OR Nickname

3) Political Party / Coalition of Political Parties Affiliation (Acronym only)

(Sec. 2, Res. No. 9518)

WHERE TO FILE CERTIFICATE OF CANDIDACY?

City Officials of cities with more than one Election OfficersCity Election Officer concerned designated for the purpose by the Regional Election Director.

Any COC not filed with the correct offices as enumerated above shall not be accepted.

(Sec. 3, Res. No. 9518)

PERIOD FOR FILING CERTIFICATE OF CANDIDACY

The COC shall be filed on any dayfrom October 1, 2012 to October 5, 2012, during officehours (8:00 AM - 5:00 PM). (Sec. 5, Res. No. 9518)


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Filing of Certificate of Nomination and Acceptance of Official Candidates of a Political Party / Coalitionof Political Parties.

The Certificate of Nomination and Acceptance (CONA) of the official candidates of the dulyregistered political party or coalition of political parties shall be signed and attested to underoath, either by the Party President, Chairman, Secretary-General or any other duly authorizedofficer of the nominating party and shall bear the acceptance of the nominee as shown by his

signature in the space provided therein. (Sec. 6, Res. No. 9518)

WHEN and WHERE to file CONA?

not later than October 1, 2012.

to the COMELEC Law Department

EFFECTS OF FILING CERTIFICATE OF CANDIDACY

1) appointive officials,

2) active members of the AFP, and

3) officers and employees of the GOCC

- shall be ipso facto resigned from his office upon the filing of the COC.

Question:

Is it required that before he files COC, he should resign first his appointive office?

Answer:

That is not required.

Elective official, whether national or local - no longer deemed resigned when he files a COC forthe same or other elective office or position. (Sec. 14, Fair Election Act expressly repealed Sec.67 of BP 881.)

WITHDARAWAL OF COC

Any person who has filed a Certificate of Candidacy may, at any time before election day, filepersonally a Statement of Withdrawal under oath.

No Statement of Withdrawal shall be accepted if filed by a person other than the candidatehimself or if filed by mail, electronic mail, telegram or facsimile. (Sec. 14, Res. No. 9518)

The filing of a withdrawal of a COC shall not affect whatever civil, criminal or administrativeliabilities a candidate may have incurred.

A person who has withdrawn his COC for a position shall not be eligible, whether as asubstitute candidate or not, for any other position. (Sec. 14, Res. No. 9518)

In Monsale vs. Nico, (83 Phil, 758), the withdrawal of the withdrawal for the purpose ofreviving the COC, must be made within the period provided by law for filing the COC.


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SUBSTITITION OF CANDIDATES

Death, withdrawal or is disqualified for any cause, he may be substituted by a candidatebelonging to, and nominated by, the same political party. (Sec. 15, Res. No. 9518)

No substitute shall be allowed for an independent candidate.

No substitution due to withdrawal shall be allowed after December 21, 2012.

The substitute for a candidate who died or is disqualified by final judgment, may file his COCup to mid-day of Election Day,provided that the substitute and the substituted have the samesurnames.

Question:

Can there be a valid substitution of candidates even on the day of the election itself?

Answer:

Yes. Only on death and disqualification shall substitution may take place upon the start of thecampaign period until mid -day of the elections.

If the death or disqualification should occur between the day before the election and mid-dayof Election Day, the substitute candidate may file his COC with any Board of ElectionInspectors in the political subdivision where he is a candidate, provided that the substitute andthe substituted candidate have the same surnames. (Sec. 15, Res. No. 9518)

PETITION TO DENY OR CANCEL CERTIFICATES OF CANDIDACY

A verified petition seeking to deny due course or to cancel a COC may be filed by the personexclusively on the ground that any material representation contained therein as requiredunder Sec. 74, OEC is false. (Sec. 78, OEC)

The petition may be filed at any time not later than 25 days from the time of filing of the COCand shall be decided, after due notice and hearing, not later than 15 days before the election.

CASE:GONZALES VS. COMELEC AND BICHARA, 2011

There are two instances where a petition questioning the qualifications of a registeredcandidate to run for the office for which his COC was filed can be raised under the OmnibusElection Code, to wit:

1) Before Election, pursuant to Section 78, OEC (material representation contain in the COC isfalse): and

2) After Election, pursuant to Section 253, OEC (Petition for quo warranto), viz:

Petition for quo warranto. Any voter contesting the election of any (Member of the BatasangPambansa,) regional, provincial, or city officer on the ground of ineligibility or of disloyalty to theRepublic of the Philippines shall file a sworn petition for quo warranto with the commission within 10days after the results of the election. (Sec. 253, OEC.)"


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The Maligaya Feedmill building could not have been Mitras residence because it is cold andutterly devoid of any indication of Mitras personality and that it lacks loving attention anddetails inherent in every home to make it ones residence.

The Supreme Court found in the present case that Mitra did not deliberately misrepresent hisAborlan residence to deceive or mislead the Palawan electorate since he in fact adducedpositive evidence of transfer of residence which the private respondents failed to sufficiently

controvert.

In this regard, the Supreme Court noted with emphasis that Mitra undertook incrementalmoves to his new domicile in Aborlan as evidenced by the following:

1) his expressed intent to transfer to a residence outside Puerto Princesa City to make himeligible for a provincial position;

2) his preparatory moves starting in 2008;

3) the transfer of registration as a voter in March 2009;

4) His initial transfer through a leased dwelling at Maligaya Feedmill;

5) the purchase of a lot for his permanent home; and

6) The construction of a house on the said lot which is adjacent to the premises he was leasingpending the completion of his house.

NUISANCE CANDIDATES

COMELEC may motu proprio or upon a verified petition of an interested party, refuse to givedue course to or cancel a COC if it is shown that said certificate was filed:

1) to put the election process in Mockery or disrepute;

2) to cause Confusion among voters by similarity of the names of registered candidates;

3) by other circumstances or acts which demonstrate that a candidate has no bona fide intentionto run for the office for which the certificate of candidacy has been filed, and thus prevent afaithful determination of the true will of the electorate.

GUEST CANDIDATES

A Political Party may nominate/support candidates not belonging to it.

ARTICLE VIICampaign and Election Propaganda

Election Campaign - "It refers to an act designed to promote the election or defeat of aparticular candidate.

Main purpose is to solicit votes.

Public expression/opinion/ criticism against probable candidates is not an election campaign.


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When done outside the Campaign Period...

It is unlawful.

CAMPAIGN PERIOD

Presidential and VP - 90 days

Senatorial, Congressional, Provincial and City/Municipal - 45 days

Barangay - 15 days

N.B. Period of time within the election period specified by law when candidates can legally conductelection activities.

ELECTION PERIOD

Section 9, Art. IX-C of the 1987 Constitution - provides that the election period is 90 daysbefore and 30 days after the election.

CASE: ROSALINDA PENERA vs. COMELEC and EDGAR T. ANDANAR, November 25, 2009

Facts:

Penera and Andanar were mayoralty candidates in Sta. Monica, Surigao del Norte. Penera andher partymates, after filing their COC on 29 March 2007, participated in a motorcade which passedthrough the different barangays, waived their hands to the public and threw candies to the onlookers.

ISSUE:

Whether or not [Penera] has engaged in an election or partisan political activity outside of thecampaign period?

RULING:

A candidate is liable for election offenses only upon the start of the campaign period. The

Supreme Court has no power to ignore the clear and express mandate of the law that any person whofiles his certificate of candidacy within [the filing] period shall onlybe considered a candidate at thestart of the campaign period for which he filed his certificate of candidacy. (2nd Sentence, 3rd par. ofSec. 15, R.A. No. 8436, as amended by Sec. 13, R.A. No. 9369) Neither can the Supreme Court turn ablind eye to the express and clear language of the law that any unlawful act or omission applicable toa candidate shall take effect only upon the start of the campaign period.

Fair Election Act of 2001(R.A. No. 9006)Lawful Election Propaganda

1) Written/printed materials (8 1/2 inches x 14 inches)

2) Handwritten/printed letters

3) Posters not exceeding 2 x 3 feet

4) Print ads (1/4 page in broadsheets, and 1/2 page for tabloid, published thrice a week)

5) Broadcast ads on TV and Radio

a) National position - 120 minutes for TV, 180 minutes for radio

b) Local position - 60 minutes for TV and 90 minutes for radio


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Published or Printed Election Propaganda

Paid for by

Printed by

Prohibited Form of Election Profaganda

Is this provision a violation of the freedom of expression under the constitution?

No. The prohibition against certain forms of election propaganda was upheld as a validexercise of the police power.

Prohibited Contributions

I. a) Public/Private Financial Institution

b) Natural/Juridical person operating public utility

c) N/J person hold contracts to supply the government

d) N/J person who was granted franchise

e) N/J person granted loan by government P100, 000.00

f) Education Institution revive public funds

g) Employees/Officials Civil Service/Armed Forces

II. Foreign Nationals

III. Fund Raising (Lotteries, dances, contest, cockfights)

Limitations on Expenses/ Lawful Expenditures

I. for candidates

President and Vice-President - P10/voter

Other candidate, if with party - P3/voter

Other candidate, if without party - P5/voter

II. for political parties

P5.00 - every voter currently registered in the constituency or constituencies where ithas official candidates.

Statement of Contribution and Expenses

Every candidate and treasurer of a political party shall, within 30 days after any election, file

true and itemized statement of all contributions.

Non-compliance will lead to consequences.

ARTICLE VIIIRegistration of Voters

It shall be the duty of every citizen to register and his vote.


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Suffrage may be exercised by all citizens of the Philippines.

What is Registration?

It refers to the act of accomplishing and filing of a sworn application for registration by a

qualified voter before the election officer of the City or Municipality wherein he resides.

It is not an additional qualification for voting but merely a condition precedent or regulationfor voting.

Voters Registration Act of 1996 (R.A. No. 8189)

System of Continuing Registration

Every day, except 120 days before a regular election and 90 days before election days (Sec.8, R.A. No. 8189)

Akbayan Youth vs. COMELECMarch 26, 2001

Petitioner requested for two (2) additional registration days in order to enfranchise more than4 million youths between the ages 18-21 who failed to register on or before December 27,2000.

Held: Petition was denied. The law was simply followed by the COMELEC, and it is an accepteddoctrine in administrative law that determination of administrative agencies as to theoperation, implementation and application of a law is accorded great weight, considering thatthese specialized government bodies are, by their nature and functions, in the best to knowwhat they can possibly do or not do under prevailing circumstances.

Elector - citizen having constitutional and statutory qualifications that enable or entitle him

to vote.

Voter - an elector who actually exercises the privilege of voting.

Qualifications of a Voter

a) Citizen of the Philippines

b) At least 18 years of age

c) 1 year Philippine Resident

d) Resident of the place where he proposes to vote for at least 6 months

e) Not otherwise disqualified by law

Age

A person may be registered as a voter although he is less than 18 years old at the time ofregistration, provided, he will be at least 18 at the time of the election.

Citizenship Qualification


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Naturalized or native born.

Burden of proof is in the voter.

Residence

It imports not only the intention to reside in fixed place, but alsopersonal presence in that

place coupled with the conduct indication of such intention.

Determination of Permanency

It is not necessary that there be an intention to remain permanently at the chosen domicile, itis sufficient that the place is for the time being the home of the voter to the exclusion of theother voter.

Residence vs. Domicile

Residence - Is used to indicate a place of abode, whether permanent or temporary.

Domicile - Denotes a fixed permanent residence to which, when absent, one has theintention of returning to.

Persons Disqualified for Voting

a) Conviction of a crime more than 1 year

Exception:

1) Plenary pardon or granted amnesty.

2) after 5 years from service of sentence (automatic).

b) Convicted of a crime involving disloyalty to the duly constituted government i.e. rebellion,sedition, violation of anti-subversion and firearms law, crime against national security

c) Insane or incompetent authority.

Preparation of Permanent List of Voters

BEI to hold 4 meetings on the 7 th and 6th Saturday and Sunday preceding the date of theelection.

BEI to prepare and certify 8 copies of the list of voters where it will register the electorsapplying for registration.

BEI must transfer the names of the voters appearing in the list used in the preceding election.

BEI must include in the list the new qualified voters who may apply for registration.

It is the duty of the BEI to exclude in the list

Those who have applied for cancellation of their registration;

Those who have died;

Those who did not vote in the immediately preceding two successive election;

Those who are excluded by a court order;


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Those disqualified upon motion of any member of the board or of any elector or watcher.

Necessity of Registration

Registration is essential to the exercise of the right of suffrage, not the possession thereof.

System of Continuing Registration

The personal filing of voters shall be conducted daily in the office of the election officer duringregular office hours.

No registration shall, however, be conducted during the period starting 120 days before aregular election and 90 days before a special election.

Where to Register?

Registration with Election Registration Board (ERB).

There shall be in each city and municipality as many as ERB to act on all applications forregistration

Composition of ERB

1) ELECTION OFFICER Chairman

2) PUBLIC SCHOOL OFFICER - Member

3) LOCAL CIVIL REGISTRAR - Member

4) MUN./CITY TREASURER Member

Illiterate or Disabled Applicants

The application for registration may be prepared by:

Relative within the 4th civil degree of consanguinity and affinity.

BEI in accordance with the data supplied by the applicant.

Challenge of Right to Register

Persons applying for registration may be challenge before BEI by any member, voter, watcher,and candidate.

BEI shall then examine the applicant and shall receive evidence as may be deemed pertinent.

BEI shall decide within 3 days.

Jurisdiction on Inclusion/Exclusion cases

MTC has the original and exclusive jurisdiction over all matters in the inclusion and exclusion ofvoters from the list.

Appellate Jurisdiction

RTC appellate body over decisions of MTC within 5 days from receipt of the decision RTC todecide the case within 10 days which shall be final and executory. MR is not allowed.

Petition for Inclusion of Voters in the List


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Who?

When?

Where?

How?

DECISION - not later than the day before election. Otherwise, it shall be final and executory.

Petition to reinstate in the list his/her name

GROUNDS:

a) Persons registered in the permanent list but has not been included in the new list;

b) Has been included therein with a wrong or misspelled name.

How?

a) File an application any time for an order directing his name to be reinstated in the list

or be registered under his correct name.

Where?

a) MTC

ARTICLE IXBoard of Election Inspectors

They are frontline election officers. They perform such duties and discharge suchresponsibilities that make them, in the real sense, foot soldiers who see to it that elections arefree, honest and orderly. (Sumulong VS. COMELEC, 70 Phil. 703)

RA 8436 An act authorizing the COMELEC to use Automated Election System (AES), amended

some provisions of BP 881.

SECTION 164 (BP 881)

Composition: A Chairman and two (2) members; one will be designated as the pollclerk. = All shall be public school teachers. (Amended)

RA 8436 Sec. 2 (7) Amended by RA 9369

BEI - three regular members who shall conduct the counting, voting and recording of votes inthe polling place.

Special member -Fourth (4th member) who is authorized to operate the counting machine.

Qualifications of BEI

1) Good moral character and irreproachable reputation;

2) Registered voter in the City or Municipality;

3) Has never been convicted of any election offense or any other crimes punishable more than 6months;


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4) Is not related within the fourth civil degree of consanguinity or affinity to any member of theBEI or to any candidate for a national position or to any nominee as a party list representativeor his/her spouse. (Section 3, R.A. No. 8436)

Disqualifications of BEI

1) Must not be related within the 4th civil degree of consanguinity or affinity to any member of

the BEI or to any candidates for and in the polling place.

2) Must not engage in any partisan political activities.

Effects of Disqualifications of BEI

1) If mere intruder without color of authority, election in that particular precinct is invalid.

2) If can be consider a de facto officer, the election is valid.

ARTICLE XVWATCHERS

Who are entitled to watchers?

1) Every registered political party, coalition of the political parties and every independentcandidate shall each be entitled to 1 WATCHER in every polling place and canvassing center.

2) Candidates of Sanguniang Panlalawigan, Panglungsod or Bayan belonging to the same ticketshall collectively be entitled only to 1 WATCHER. (Sec. 26, R.A. No. 7166)

Rights and Duties of Watchers

1) To stay in the space reserved for them inside the polling place;

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

3) Take notes and photographs of the proceedings;

4) To file protest against any irregularity or violation of law;

5) To be furnished with the Certificate of Number of Votes cast for each candidate;

6) To read the ballots after they shall have been read by the Chairman of the BEI.

(Sec. 179, OEC)

Qualifications of Watchers

1) Qualified voter of the City and Municipality;

2) Good reputation;

3) Shall not have been convicted by any final judgment of any election offense or of any othercrime;

4) Know how to read and write Filipino, English, Spanish or any of the prevailing local dialects;


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5) Not related within the 4th civil degree of consanguinity or affinity to the parties/candidatesetc.; (Sec. 178, OEC)

OFFICIAL BALLOTS

The Commission shall prescribe the size and form of the official ballot which shall contain thetitles of the position to be filled and/or the proposition to be voted upon the initiative,

referendum and plebiscite.

The official ballot shall be printed by the NPO and/or BSP.KINDS OF BALLOTS

Emergency ballots

No ballots other than the official ballots shall be used or counted, except

failure to receive the official ballots on time;

no sufficient ballots for all registered voters;

the ballots are destroyed at such time as shall render it impossible to provide otherofficial ballots. (Sec. 182, OEC)

Excess Ballots

Found in ballot box which exceed number of registered voters who cast their vote.(Sec. 207, OEC)

Marked Ballot

Contain signs or marks intended to identify ballot. (Sec. 208, OEC)

KINDS

1) Containing impertinent expression;

2) Containing drawings, identical features and characteristics;

3) Containing names of important personages; and

4) Containing common qualifying expressions which are patently irrelevant;

Submarine Ballots

Those prepared, under a system of election frauds, by persons other than the realvoters.

Stray Ballots

one in favor of a person who has not filed a certificate of candidacy orin favor of acandidate for an office which he did not present himself.

Spurious Ballots

The ballots must not have the following authentication mark:

The signature or initial of the BEI Chairman at the back of the ballot.


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No COMELEC watermark.

No red or blue fibers. (Libanan vs HRET, Dec. 22, 1997 GR No.129783)

Appreciation of Ballots(Sec. 211, OEC)

NOTE: Sec. 11 of RA 8436 states:

The Commission shall prescribe the size and form of the official ballotxxx-xxx. Undereach position, the name of candidates shall be arranged alphabetically by surnamexxx.

With this development, the law on appreciation of ballots is now obsolete

CASE: Ferin v. Gonzales (53 SCRA 237)

In the reading and appreciation of ballots, every ballotshall be presumed to be valid unlessthere is clear and good reasons to justify rejections.CASE: Gonzaga v. Seno (7 SCRA 741)

No technical rules should be permitted to defeat the intention of the voter, if that intention isdiscernible from the ballot itself and not from evidence aliunde.

ARTICLE XIICasting of Votes

VOTING HOURS (Section 190, OEC).

From 7:30AM to 3:00PM

Exception - voters present within 30 meters in front of the polling place.

Persons Allowed In and Around The Polling Place(Sec. 192, OEC)

Allowed:

1) Members of the BEI;

2) Watchers;

3) Representatives of the Commission;

4) Voters casting their votes;

5) Voters waiting for their turn to get inside the booth whose number shall not exceed thenumber of boots;

6) Voters waiting for their turn to cast their votes whose number shall not exceed 21 at any onetime.

Not Allowed:

1) AFP

2) PNP

3) Any armed person, exception:


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If it his turn to vote

When there is actual disturbance

4) Any Barangay Official

Nota Bene:

The chairman of the Board shall, in the presence of the voter, affix his signature at theback of the ballot before issuing it to the voter.

Failure - Election offense.

(Libanan v. HRET, GR No.129783, Dec. 22, 1997)

(Punzalan v. COMELEC, 289 SCRA 702)

Methods of Voting

1) Voter must vote in person

2) Voter must vote but once

N.B. if the voter has once voted in the wrong precinct, he has no right to vote again at thesame election, and if does so, his second vote should not be counted.

3) Voter need not vote the whole ticket-Optional with the voter

4) Absentee Voting

Absentee Voting (R.A. No. 7166)

Absentee voting as provided for in Executive Order No. 157 dated March 30, 1987, shall applyto the elections for President, Vice-President, and Senators only and shall be limited to (1)

members of the Armed Forces of the Philippines and (2) the Philippine National Police and (3)other government officers and employees who are duly registered voters and who, on electionday may temporarily be assigned in connection with the performance of election duties toplaces where they are not registered voters.

CHALLENGE OF ILLEGAL VOTERS (Sec. 199, OEC)

Grounds in Challenging Illegal Voter:

1) Not being registered;

2) Using name of another;

3) Suffering from existing disqualification.

Who may Challenge Illegal Voter:

1) Any voter

2) Watche4=r


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Duty of BEI in case in Challenge of Voter:

1) Require proof of registration or the identity of the voter. (Sec. 199 (a), OEC)

How to Prove Identify

a) Show voters affidavit; if none

b) Photographs

c) Fingerprints

d) Specimen signature in his approved application in the book of voters. (Sec. 199 (b), OEC)

Challenge Based on Certain Illegal Acts (Sec. 200, OEC)

Grounds :

1) Voter who received or expects to receive, has paid, offered or promised to pay, has

contributed, offered or promised to contribute money or anything of value.

2) He has made or promised to influence the giving or withholding of any such vote.

3) He has made a bet which depends directly or indirectly in a bet which depends upon the resultof the election.

Remedy of the Challenged Voter in order to vote:

Shall take an oath before the BEI that he has not committed any acts alleged in thechallenge.

ARTICLE XIIICounting of Votes

BASIC RULES IN COUNTING:

(1) PUBLIC

(2) WITHOUT INTERRUPTION (Section 206, OEC, as amended by Sec. 35, R.A. No. 9369).

Can the Counting of votes be made to another place?

YES, pursuant to Republic Act No. 6646, Sec. 18, on account imminent danger ofviolence, terrorism, or disorder.

HOW?

Unanimous approval by the BEI, and

Concurrence by the majority of the watchers present.

Before counting of votes:

1) Count the ballots in the compartment without exposing their contents.

2) Compare the number of ballots in the box with the number of voters.

If excess:


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1) Shall return ballots in the box and mixed thoroughly.

2) Publicly draw out as many equal to the excesses.

3) Place them in an envelope which shall be marked excess ballots sealed with signed by BEI.

4) Shall be placed in the compartment not be counted.

ARTICLE XIXCanvass and Proclamation

BOARD OF CANVASSERS(Section 20, R.A. No. 6646)

POWERS

Its powers are limited generally to the mechanical or mathematical function of ascertainingand declaring the apparent result of the election by adding or compiling the votes cast foreach candidate as shown on the face of the returns before them, and then declaring orcertfying the result so ascertained. (Abes vs. COMELEC, G.R. No. L-28348)

Canvassing Bodies

1) Congress - President/Vice-President

2) COMELEC - Senators/Regional Officials

3) Provincial Board of Canvassers - Congressman/Municipal Officials

4) District BOC - Congressman/Municipal Officials

5) City and Municipal BOC's - Congressman/City and Municipal Officials

6) Barangay BOC - Barangay Officials

I. PROVINCIAL BOARD OF CANVASSERS

1) CHAIRMAN - Provincial Election Supervisor or a Senior Lawyer in the regional office ofthe COMELEC

2) VICE CHAIRMAN - Provincial Fiscal

3) MEMBERS

a) Provincial Superintendent

b) 1 representative from each of ruling party and the dominant party in theconstituency concerned to be represented.

4) CITY BOARD OF CANVASSERS

5) CHAIRMAN - City Registrar or Lawyer of the COMELEC

6) MEMBERS -

7) City Fiscal

8) City Superintendent of Schools


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9) 1 representative from each of ruling party and the dominant party in the constituencyconcerned to be represented

III. MUNICIAPL BOARD OF CANVASSERS

1) CHAIRMAN - Election registrar or representative of the COMELEC

2) VICE CHAIRMAN - Municipal treasurer

3) MEMBER - Most senior district supervisor or a principal or elementary school teacher

4) SUBSTITUTE MEMBERS - Municipal administrator, municipal assessor, clerk of courtnominated by the Executive Judge, or any other available appointive municipalofficials.

RELATIONSHIP WITH CANDIDATES AND MEMBERS (Sec. 222, OEC)

BOC - should not be related within the 4th civil degree by consanguinity or affinity to anycandidate whose votes will be canvassed by said board, or to any member of the same board.

Relationship is ground for removal or disqualification.

FEIGNED ILLNESS (Sec. 224, OEC)

In order to be substituted on the Election Day until the proclamation - shall be guilty of electionoffense.

INCAPACITY AND SUBSTITUTION OF MEMBERS OF THE BOC (Sec. 226, OEC as amended by Sec. 21 ofR.A. No. 6646)

Amended by Sec. 20, of R.A. No. 8436

Substitution of Chairman

In case of:

1) Non- Availability;

2) Absence;

3) Disqualification due to:

a) Relationship

b) Incapacity

The COMELEC shall appoint:

A ranking lawyer of the Commission. (Amended by Sec. 20, of R.A. No. 8436).

Substitution of Members of the Board:

The COMELEC shall appoint in the following order:

1) Provincial Auditor

2) Registry Deeds:

3) Clerk of Court nominated by the Executive Judge of RTC (Sec. 20, of R.A. No. 8436)


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Canvassing Committee:

1) BOC may constitute Canvassing Committee as may be necessary for the Board tocomplete the canvass.

2) Three (3) members.

SUPERVISION AND CONTROL OVER BOARD OF CANVASSERS (Sec. 227, OEC)

COMELEC have the direct control and supervision of the BOC.

COMELEC may motu propio relieve or substitute for cause any member of the BOC.

Note:

Supervision and control by the COMELEC over the BOC includes the power to revise,reverse or set aside the actions of the BOC even if questions relative thereto have notbeen elevated by the aggrieved party to it.

POWERS OF THE COMELEC

1) To REVIEW the action of the BOC.

2) To ANNUL canvass or proclamation based on incomplete returns or incorrect or tamperedreturns.

3) To INVALIDATE a canvass or proclamation made in an unauthorized meeting of the BOC eitherbecause it lacks quorum or because the board did not meet at all.

4) To REQUIRE the BOC to convene.

NOTICE OF MEETING OF THE BOARD (Sec. 228, OEC as amended by Sec. 23 of R.A. No. 6646)

At least 5 days before the meeting of the board

Note: (Effect)

No notice. The place of canvass was transferred. The canvass made is illegal (Balindong vs.COMELEC 27 SCRA 567).

MANNER OF DELIVERY AND TRANSMITTAL OF ELECTION RETURNS: (Sec. 229, OEC)

I. CITY OR MUNICIPAL BOARD OF CANVASSERS:

Election Returns - place inside a sealed envelope; signed and affixed with imprint of the thumbof the right of all members of the board; personally delivered by the BEI to the BOC.

II. PROVINCIAL OR DISRICT BOARD OF CANVASSERS:

Delivered to the Election Registrar.

Election Registrar shall place all the returns to a Ballot Box - with 3 padlocks.

SAFEKEEPING OF TRANSMITTED ELECTION RETURNS: (Sec. 230, OEC)

In a safe and secure room before and after the canvass.


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CANVASS BY THE BOC (Sec. 231, OEC)

BOC shall meet not later than 6:00PM on the election day

Where? Place designated by the commission

Purpose - to receive the election returns

Why? to immediately canvass returns already received.

It shall meet continuously until the canvass is completed and may adjourn but only for thepurpose of awaiting the other election returns.

AFTER THE CANVASS (Sec. 2, R.A. No. 8436)

Upon Completion of the Canvass, it shall prepare the certificate of canvass of votes forPresident, Vice-President, Senators, and Members of the House of Representatives andthereafter, PROCLAIM THE ELECTED LOCAL GOVERNMENT OFFICIALS & HOUSE OFREPRESENTATIVES.

BOC shall make a CERTIFICATE OF CANVASS - duly signed and affixed with the imprint of the

thumb of the right hand each member.

Certificate of Canvass shall be supported by a statement of votes of each candidate.TIME OF COMPLETION OF CANVASS

Subject to reasonable exceptions:

1) 36 hours - municipalities

2) 48 hours - cities

3) 72 hours provinces

NUMBER OF CERTIFICATE OF CANVASS (Sec. 22, R.A. No. 8436, as amended by Sec. 21 Ra 9369)

Seven (7) Copies

First Copy- Provincial BOC

Second Copy- COMELEC

Third Copy- Chairman of the Board

Fourth Copy- Citizens designated by the COMELEC to conduct media based unofficial count

Fifth Copy- Congress directed to Senate President

Sixth Copy- posted on the wall with in premises of the canvassing center

Seventh and Eight Copy- dominant and minority party

Nine to Eighteenth Copy- 10 accredited of major national parties

NATIONAL BOARD OF CANVASSERS FOR SENATORS (Sec. 23, R.A. No. 8436)

The chairman and members of the COMELEC sitting en banc;

It shall canvass the results for senators;


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HOW? - By consolidating the result in the data storage devices.

Thereafter, proclaims the winning candidates.CONGRESS AS THE NATIONAL BOARD OF CANVASSERS (Sec. 24 R.A. No. 8436)

POWERS OF THE BOARD:

The general rule is that as long as the returns appear to be authentic and duly accomplished,the BOC cannot look beyond them to verify allegations of irregularities in the casting andcounting votes.

The BOC has the only ministerial task of tallying the votes as reported in the election returnsand cannot exercise the juduicial power of deciding an election contest.

QUASI-JUDICIAL POWER

The quasi-judicial power of the BOC to determine the genuineness of the election returnsalleged to have been falsified implies that the board may suspend the canvass pendingresolution of the question.

WHEN THE ELECTION RETURNS ARE DELAYED, LOST, OR DESTROYED (Sec. 233, OEC)

BOC may use any of the authentic copies of the election returns upon prior authority from theCOMELEC. (i.e. Copy of MTC/COMELEC certified copy)

MATERIAL DEFECTS IN THE ELECTION RETURNS (Sec. 234, OEC)

I. Where the some requisites in form or data had been omitted in the return.

BOC to call the BEI to make the corrections.

II. Where the name and/or votes of a candidate has been omitted.

BOC shall require the BEI to complete the necessary data in the election returns

III. Where the votes omitted in the return cannot be ascertained by other means exceptrecounting of ballots.

The COMELEC shall order the BEI to open the ballots - after satisfying itself that theintegrity of the ballot box have not been violated.

The COMELEC to thereafter order BEI to count the votes -after satisfying itself that theintegrity of the ballots therein has been duly preserved.

WHERE THE ELECTIONS RETURNS APPEARS TO BE TAMPERED WITH OR FALSIFIED (Sec. 235, OEC)

Grounds:

1) ER appears to be tampered, altered, or falsified.

2) Where prepared by the BEI under duress, force, intimidation.

3) Prepared by persons other than the members of BEI.

DUTY OF THE BOC


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1) BOC to use other copies of the ER

2) If other copies are likewise altered, BOC shall report the matter to the COMELEC.

The COMELEC shall then:

Give notice to all candidates;

Order the opening of the ballot box;

Order the BEI to recount the votes of the candidates affected;

BEI shall then prepare a new ER to be used by the BOC for canvassing

DISCREPANCIES IN THE ELECTIONS RETURNS (Sec. 236, OEC)

Grounds to justify Recount:

a) There exist discrepancy in the order authentic copies of the returns;

b) There exist discrepancies in the votes of any candidate in words and figures in the samereturns.

WHEN THE INTEGRITY OF THE BALLOTS IS VIOLATED (Sec. 237, OEC)

Meaning - there were evidences or signs of replacement, tampering:

NO RECOUNT!!!

But the COMELEC shall seal the ballot box and order is safekeeping.

ELECTION RESULTING IN TIE (Sec. 240, OEC)

Drawing of lots

When election is complete.

PROCLAMATION

Drawing of lots does not preclude protest.

NOTE:

Once the specific function has been performed by the BOC, the existence of the board is endedand terminated.

EXCEPT:

COMELEC order the BOC to re-convene and make another proclamation where:

1) Election returns has been declared authentic

2) Where BOC wrongfully excluded election returns from polling places.

PRE-PROCLAMATION CONTROVERSY

Any questions pertaining to or affecting the proceedings of the BOC which may be raised byany candidate or by any registered political party or coalition of political parties before the


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board or directly with the COMELEC; or any matter used under Secs. 233, 234, 235 and 236 inrelation to the preparation, transmission, receipt, custody and appreciation of the electionreturns.

ARTICLE XVPRE-PROCLAMATION CONTROVERSY

Grounds :

a) Any questions pertaining to or affecting proceedings in the BOC. (NOTE : Proceedings beforethe BEI is not included)

b) Matters raised under :

1) 233 - Election returns are delayed, lost or destroyed.

2) 234 Material defects in the election of returns = omission of the name and/or votes of acandidate.

3) 235 ER appears to be tampered or falsified.

4) 236 Discrepancies in the election returns.

In relation to the preparation, transmission, receipt, custody and appreciation of electionreturns.

NATURE OF PRE-PROCLAMATION CONTROVERSY

Summary in nature consistent with the laws desire that the canvass and proclamation bedelayed as little as possible.

That is why such question as those involving appreciation of ballots, conducts of the campaignand balloting, which require more deliberate and necessary longer consideration, are left forexamination in the Election Protest.

COMMISSIONS EXCLUSIVE JURISDICTION OF ALL PRE-PROC. CONT. (SECTION 242, OEC)

(Modified by Section 15 of RA 7166) No Pre-Proclamation in election of National officials.

Pre-proc. Cont. not allowed in election for :

1) President

2) Vice-President

3) Senator

4) Members of the House of Representatives


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The COMELEC has exclusive jurisdiction of all pre proclamation controversies. Its decisionbecomes executory after the lapse of 5 days from receipt by the losing party of the decisionunless restrained by SC.

ISSUES THAT MAY BE RAISED IN PRE-PROCLAMATION CONTROVERSY (SECTION 243, OEC)

1) Illegal composition or proceedings of the BOC

a) BOC not constituted in accordance with, is not composed of those enumerated by law;

b) Transacted business without a quorum;

c) Transacted business without business without due notice to the members.

EFFECTS:

Acts of the BOC is illegal and null and void.

2) Grounds under 233, 234, 235, 236

234 Material defects in the returns some requisite of forms or date has been omitted.

Ex. Names and/or corresponding votes of a candidate.

3) ER prepared under duress, threats, coercion, intimidation, obviously manufactured or notauthentic.

Obviously manufactured returns

1) Where no elections at all were held;

2) Where the BOC stated that they never served and did not participate in the election;

3) Where returns show great excess of votes that could have been legally cast.

STATISTICAL IMPROBABILITY: LAGUMBAY DOCTRINE

1) Where there exists uniformity of tallies in favor of candidates belonging to one party;

2) And the systematic blanking out of the opposing candidates;

3) As when all the candidates of one part received all the votes;

4) Each of whom received exactly the same number;

5) Opposing candidates received zero votes.

NOTE: This doctrine will apply only if such improbability is shown on the fact of the returnitself and without regard to evidence aliunde or to evidence outside the return.

4) When substitute or fraudulent returns in a controverted polling places are canvassed.

TIME TO OBJECT TO AN ELECTION RETURN

When such return is being examined because of the provision to defer the canvass of thecontested returns.


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The General rule that pre-proc case before the COMELEC is no longer viable after aproclamation has been made admits of exception, as when the proclamation is null and void.(Mayor Salip Jainal vs. COMELEC GR. 174551 March 7, 2001)

EFFECT OF FILING PETITION TO ANNUL OR TO SUSPEND THE PROCLAMATION (SECTION 248, OEC)

Shall suspend the running of the period within which to file an election protest or quo

warranto proceedings.

What is the rule against piercing the veil of Election Returns

It is well entrenched rule in a pre proclamation controversy, the board of canvassers and theCOMELEC are not to look behind election return which are either face regular and authenticreturns.

This court intimated that a pre-proclamation case is the proper remedy if the defects areapparent from physical inspection of the election returns. (Mayor Salip Aloy Jainal vs.COMELEC et al. GR 174551 (March 3,2007)

ARTICLE XVIELECTION CONTEST

Nature - special summary proceedings the object of which is to expedite the settlement ofcontroversies between candidates as to who received the majority of the legal votes.

Purpose - to ascertain the true will of the people and due elected officers, and this could beachieved by throwing wide open the appeal before the court.

SECTION 249. JURISDICTION OF THE COMMISSION (Amended by Sec. 17, Art. VI Constitution)

ORIGINAL AND EXCLUSIVE

a) President/Vice President - SC

b) Senator Senate Electoral Tribunal

c) Congressman-HR

d) Regional/Province/City - COMELEC

e) Municipal - RTC

f) Barangay - MTC

N.B. - Presumption that the above elective officials has been proclaim.

POST ELECTION DISPUTE(After Proclamation)

a) ELECTION PROTEST

b) QUO WARRANTO

ISSUES:

1) Casting and Counting of votes


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2) Qualification

3) Return

4) Eligibility, disloyalty of winning candidate

5) Fraud

6) Terrorism

7) Irregularities/illegal acts

Committed before, during or after casting and counting votes.

ELECTION PROTEST

Grounds

1) Fraud

2) Terrorism

3) Irregularities or Illegal acts committed before, during or after the casting and counting of votes

Time to file:

Within ten days from proclamation

Who may file:

May be file by any candidate who has filed a COC.

QUO WARRANTO

Grounds

1) Ineligibility

2) Disloyalty to the Republic

Time to file:

Within ten days from proclamation.

Who may file:

By any registered voter

N.B. Election Protest and Quo Warranto may not be availed of jointly and in the sameproceedings.

They can be separately filed with the second and the later case suspended until the earlierone is resolved.

An action for quo warranto cannot be converted into an election protest. (Asunsion vs.Legarda 129 SCRA 729)

N.B. -The death of the protestant does not extinguished an election protest (De Castro vs. COMELEC267 SCRA 806)

DISTINCTION BETWEEN QUO WARRANTO IN ELECTIVE/APPOINTIVE OFFICE.


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I. ELECTIVE OFFICE

The issue is eligibility of the officer elect. The court or tribunal cannot declare the protestant ashaving been elected.

II. APPOINTIVE OFFICE

The issue is the legality of the appointment the court determines who of the parties has legaltitle to the office.

EFFECT OF AN APPEAL

Appeal throws open the case for review. It is as if it is trial de novo and any of the parties maydiscuss any matter or error even for the first time.

APPELLATE JURISDICTION

RTC and MTC - COMELEC whose decision shall be final and executory.

COMELEC - SC - Petition for review on Certiorari (Rule 65) within 30 days.

HRET - SC (Rule 65)

ELECTION OFFENSES

SECTION 261 Prohibited Acts

1) Vote-buying and Vote-selling

2) Conspiracy to bribe voters

3) Wagering upon results of the election

4) Coercion of subordinates

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 position, promotion or giving salary increases.

a) Applies only to appointment covered by the civil service law and not those covered byspecial law like local Government Code.

8) Transfer of officers and employees in the civil service

9) Intervention of public officers and employees

10) Undue influence

11) Unlawful Electioneering

12) Prohibition against dismissal of employees, laborers, or tenants

13) Appointment of special use of policemen, special agents, confidential agents or the like.

14) Illegal release of prisoners before and after election.

15) Use of public funds, money deposited in trust, equipment, facilities owned and controlled bythe government for an election campaign.

16) Deadly weapons within 100 meters


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17) Carrying firearms outside residence or place of business

18) Use of armored land, water or air craft

19) Wearing of uniforms and bearing arms

20) Policemen and provincial guards acting as bodyguards and security guards

NB: Good faith is not a defense. Election offenses are generally mala prohibita.

Proof of criminal intent is not necessary.

INVESTIGATION AND PROSECUTION

The COMELEC has exclusive jurisdiction to investigate and prosecute cases involving violationof election laws (Article IX-C Sec, 2(6)

But it may validly delegate the power to the Provincial Prosecutor (Res No. 1862, March 2,1987)

See 43 RA 9369

Conduct preliminary investigation

Prosecute the same

JURISDICTION Article 268

RTC Exclusive original jurisdiction violation of election law,

MTC Offense relating of failure to register or vote.

PRESCRIPTION -5 years from date of commission.

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