ELECTION LAW domicile of origin; it is not the

enabling act.
General Principles c. RA 7166 – provides that in the election
of President, Vice-President and
Suffrage Senators, the members of the AFP, the
- the right to vote in the election of officers PNP, and other govt. officers and
chosen by the people and in the determination employees who are duly registered
of questions submitted to the people. voters and who, on election day, are
- Includes election, plebiscite, initiative and temporarily assigned to places where
referendum. they are not registered in connection
- Fundamental to the idea of democracy and a with the performance of ELECTION
republican state is the right of the people to duties, shall be allowed to vote in the
determine their own destiny through the choice place where they are temporarily
of leaders they may have in the government. assigned.
- COMELEC resolution which limited the airtime
of political advertisements on TV and radio to 2. To design a procedure for the disabled and the
an aggregate of 120 minutes and 180 minutes illiterate to vote without the assistance of
respectively, was violative of people’s right to other persons.
suffrage. a. BP 881 – an illiterate voter or one who
- Both a privilege and an obligation cannot physically prepare the ballot
himself may be assisted by:
Election i. A relative by affinity or
- The means by which the people choose their consanguinity, within the 4th
officials for a definite and fixed period and to civil degree
whom they trust for the time being the exercise ii. Any person of his confidence
of the powers of the government. who belong to the same
Kinds: household
1. Regular – one provided by law for the election iii. Member of the Board of
of officers either nationwide or in certain Election Inspectors.
subdivisions thereof, after the expiration of the Note: may be allowed as illiterate of
full term of the former officers. physically unabled if INDICATED in his
2. Special – one held to fill a vacancy before the registration record; the assistor cannot
expiration of the term for which the incumbent assist more than 3 times unless he is a
was elected. member of the BEI.

Constitutional Mandate on Congress Republic Act 8436: The Automated Election System
1. To provide a system for securing the secrecy (AES)
and sanctity of the ballot and for absentee Policy: to ensure free, orderly, honest, peaceful and
voting by qualified Filipinos abroad. credible and informed elections, plebiscites, initiatives,
a. RA 8436, as amended by RA 9369 – referenda, recall and other similar electoral exercises by
Automated Election System improving the election process and adoption systems.
b. RA 9189 – Overseas Absentee Voting Authority: COMELEC
Act
Disqualified to vote: Harry Roque vs COMELEC
-immigrant or permanent resident of Ruling:
another country who is recognized as 1. The capability of the AES chosen has been
such in the host country demonstrated in an electoral process in a
EXCEPT: foreign jurisdiction
1. if he executes an affidavit 2. The COMELEC has adopted rigid technical
declaring that he shall resume evaluation standards
actual, physical, permanent 3. The COMELEC retains the oversight,
residence in the Philippines not supervision and control mandate
later than 3 years from the 4. Continuity and back-up plans are in place in
approval of his registration case the PCOS machines falter during the
under the said act; AND election
2. had not applied for citizenship in BANAT vs COMELEC
another country. Ruling:
NOTE: the affidavit serves as an 1. Title is comprehensive enough to include
explicit expression that he has subjects related to the general purpose of
not in fact abandoned his the law
2. No conflict of jurisdiction between powers
of the Congress and COMELEC on one hand,
Summary by: Roderick F. Blanco
Reference: Outline Reviewer in Political Law, Nachura
 and that of the PET and SET on the other 1. The first Commissioners should start at a
hand. The former merely determines the common date
authenticity and genuineness of the 2. Any vacancy due to Death, Resignation, or
Certificate of Canvass, a power exercised Disability before the expiration of the term
before the proclamation of the winning shall be filled only for the unexpired balance
candidate while the powers of the latter can of the term.
be invoked only when the winning
candidate has been proclaimed. Both of Decisions
them exercise their powers on different - Shall decide by MAJORITY VOTE of ALL (not only
occasions and for different purposes. those who participated in the deliberations
3. COMELEC has the exclusive power to and voted thereon) its members on any case
conduct preliminary investigation of all brought before it within 60 days from the date
offenses punishable under the Code and to of its submission for decision. However, this
prosecute the same. It is authorized to avail deadline shall be treated realistically,
of the assistance of other prosecuting arms considering the manpower and logistical
of the government. limitations of the Commission. Otherwise, it
4. Does not violate non-impairment clause of might induce the Commission to resolve
the Constitution; freedom to contract is not election contests hurriedly by reason of lack of
absolute. material time.
- if the Commissioners retired before prior to the
*in one case, the SC granted the writ of mandamus to promulgation of the decision, their votes should
disclose the SOURCE CODE for the AES technologies merely be considered as withdrawn, and only
used in the 2010 national and local elections. the votes of the remaining Commissioners shall
be considered.
Automated Election System – a system using - COMELEC Rules of Procedure
appropriate technology which has been demonstrated o If the COMELEC en banc is equally
in the voting, counting, consolidating, canvassing, and divided in opinion and the necessary
transmission of election results and other electoral majority cannot be had, there shall be a
process. REHEARING. Otherwise, a petition to
the SC will be considered premature
Election period and shall be dismissed.
- Shall commence 90 days before the day of the o If no decision is still reached, the
election and shall end 30 days thereafter, unless original action commenced in the
otherwise fixed by COMELEC. COMELEC shall be dismissed.
o If it is an appealed decision to the
THE COMMISSION ON ELECTIONS COMELEC, the decision appealed shall
stand affirmed.
Composition: A Chairman and 6 Commissioners o If it is a petition or a motion, shall be
Qualifications: denied.
1. Natural born Filipino citizen
2. At least 35 years old at the time of *COMELEC may sit en banc or on 2 divisions and shall
appointment promulgate its own rules of procedure to expedite the
3. Holder of a college degree disposition of election cases.
4. Must not have been a candidate in the - All election cases = division
immediately preceding election - MR = en banc
5. Majority of the members, including the
Chairman, shall be members of the bar with Cases to be heard and decided in DIVISION:
at least 10 years of experience in the 1. All election cases, including pre-proclamation
practice of law contests, originally cognizable by the
Appointment: Commission in the exercise of its powers.
They shall be appointed by the President with 2. Petition to cancel COC
the consent of the Commission on Appointments for a a. Involve the exercise of quasi-judicial
term of 7 years, without reappointment. power of the COMELEC. En banc should
- No temporary appointment or in acting capacity not take cognizance of the case without
prior action of the division; denial of
Rotational Scheme of Appointment due process.
Of the first appointees, three members shall 3. Cases appealed from RTC and MTC.
hold office for 7 years, two members for 5 years, and 4. Petition for certiorari from the decisions of the
the last members for 3 years, without reappointment. RTC and MTC.
Rationale: intended to prevent the possibility of
one President appointing all the Commissioners. Cases to be heard and decided EN BANC:
Conditions:
Summary by: Roderick F. Blanco
Reference: Outline Reviewer in Political Law, Nachura
 1. MR of a decision of a division 3. SC cannot tabulate the results reflected in the
2. Petition for correction of manifest errors in election returns. To do so would convert itself
tabulation of results. into a Board of Canvassers.
a. Demands the exercise of administrative 4. Breach of fundamental right of expression by
powers of the COMELEC the COMELEC is grave abuse of discretion, and
b. COMELEC en banc may directly assume is well within the power of judicial review by the
jurisdiction over the petition to correct Court.
manifest errors in the tabulation or
tallying of results by the Board of CONSTITUTIONAL POWERS AND DUTIES
Canvassers. OF THE COMELEC
3. Power to prosecute cases for violations of 1. Enforce and administer all laws and regulations
election laws (admin power) relative to the conduct of an election,
4. Cases when the Commission does not exercise plebiscite, initiative, referendum or recall.
its adjudicatory or quasi-judicial powers.
a. Ex. COMELEC exercises purely admin Election – means by which the people choose
functions. their officials for a definite and fixed period, and
to whom they trust for the time being the
Rules Concerning Pleading and Practice Before It exercise of the powers of the government.
1. Commission en banc may promulgate its own
rules concerning pleading and practice before it Plebiscite – submission of constitutional
or before any of its offices. amendments of important legislative measures
2. May not diminish, increase, or modify to the people for ratification.
substantive rights
3. Shall remain effective unless disapproved by the Initiative – power of the people to propose
SC amendments to the Constitution, or to propose
4. Procedural rules in election cases are designed and enact legislation through an election called
to achieve not only correct but also an for the purpose.
expeditious determination of the popular will of
the electorate. Referendum – power of the electorate to
5. Liberal interpretation of the rules of procedure approve or reject national or local legislation
for the purpose of promoting effective and through an election called for the purpose
efficient implementation of the objectives –
ensuring the holding of free, orderly, honest, Recall – termination of the official relationship
peaceful and credible elections, as well as of a local elective official for loss of confidence
achieving just, expeditious, and inexpensive prior to the expiration of his term through the
determination and disposition or every action will of the electorate.
and proceeding before it.
6. May suspend reglementary periods prescribed Broad Powers
in the Rules or the requirement of the - Ascertainment of the identity of a political party
certificate of non-forum shopping, in the and its legitimate officers.
interest of justice and speedy resolution of o The Comelec jurisdiction to settle the
cases. struggle of leadership within the
political party is well-established and is
Review of COMELEC Decisions by the Supreme Court incident to its enforcement powers.
1. Only decisions of the COMELEC en banc may be o Includes the determination, within the
brought to the SC on certiorari (Rule 64 in re parameters fixed by law, of appropriate
Rule 65) periods for the accomplishment of pre-
EXCEPTIONS: election acts like filing petitions for
1. Grave abuse of discretion is apparent on registration under the party-list system.
the face of the order of COMELEC division; - Authority to annul the results of a plebiscite to
2. If it will prevent the miscarriage of justice; ascertain the true results of the plebiscite.
3. The issue involves a principle of social - Regulatory power over media of transportation,
justice; communication and information
4. Issue involves the protection of labor o Comelec resolution which provides for
5. The decision sought to be set aside is a the removal of names of those persons
nullity; in all advertisements, who become
6. Extreme urgency and certiorari is the only candidates subsequently for a public
adequate and speedy remedy available. office, otherwise, they shall be
2. Only decisions made in the exercise of the presumed to have conducted
Commission’s adjudicatory or quasi-judicial premature campaigning = VALID
function may be brought to the SC for review.

Summary by: Roderick F. Blanco

Reference: Outline Reviewer in Political Law, Nachura
 o Power to regulate is limited only to - Power to augment actual deficiencies in the
ensuring “equal opportunity, time, item for the conduct and supervision of recall
space and right to reply” as well as votes in its budget.
uniform and reasonable rates of
charges for the use of such media
facilities for “public information
campaigns for and among candidates”
o Power may be exercised only over the 2. Exclusive original jurisdiction over
media, NOT over practitioners of media - All contests relating to election returns and
(ex. Columnists, TV commentators, etc.) qualifications of ALL elective REGIONAL,
o The COMELEC is not free to simply PROVINCIAL, and CITY officials.
change the rules especially if it has
consistently interpreted a legal Exclusive appellate jurisdiction over
provision in a particular manner in the - All contests involving elective MUNICIPAL
past. officials decided by trial courts of general
- No pardon, amnesty, parole, or suspension of jurisdiction (RTC) or
sentence for violation of election laws, rules, - Involving elective BARANGAY officials decided
and regulations shall be granted by the by trial courts of limited jurisdiction (MTC).
President without the favorable o Decisions, final orders or rulings of the
recommendation of COMELEC. Commission on election contests
- Power to declare failure of election. involving elective MUNICIPAL and
o 3 instances ONLY: BARANGAY offices shall be final,
a. The election in any polling place executory, and not appealable.
had not been held on the date fixed  Does not preclude recourse to
on account of force majeure, SC by way of certiorari under
violence, terrorism, fraud or other Rule 64 in re Rule 65.
analogous causes; o Appeal from RTC to COMELEC must be
b. Election in any polling place had filed within 5 days from the receipt of
been SUSPENDED before the hour the decision. MR is a prohibited
fixed by law for the closing of the pleading.
voting on account of force majeure, o Two different appeal fees:
violence, terrorism, fraud or other (1) To be paid in the trial court together with
analogous causes; the filing of the notice of appeal;
c. After the voting and during the (2) To be paid in COMELEC Cash Division,
preparation and transmission of the within 15 days from the filing of the notice
election returns or in the custody or of appeal.
canvass thereof, such election *HRET – has jurisdiction over disputes relating to the
results in the failure to elect on election, returns and qualifications of a congressional
account of force majeure, violence, candidate AFTER his (1) valid proclamation; (2) proper
terrorism, fraud or other analogous oath; and (3) assumption of office.
causes.
o Requisites for a verified petition to *Power to issue writs of CPM in the exercise of its
declare a failure of election: appellate jurisdiction
o Must show that no voting has taken *Execution Pending Appeal
place in the precinct on the date - strictly construed against the movant;
fixed by law; discretionary to trial courts and to COMELEC on
o The votes not cast would affect the cases pending before them
results of the election. - grant of the motion is dependent on the (1)
- COMELEC is without authority to reapportion public interest involved; (2) the shortness of the
the congressional districts as only the Congress remaining portion of the term; and (3) the
is vested with such power. length of time that the protest has been
- Cannot make an unofficial quick count of pending.
presidential election results in the guise of - should be filed before the expiration of the
“unofficial” tabulation of election results. period to file an appeal
o Sole and exclusive authority of Congress - allowed in order to avoid the technique of
to canvass for the election of President prolonging the proclamation of the winning
and Vice President. candidate by reason of the protest.
- Cannot deny due course or cancel COC in due *Power to cite for contempt
form without proper proceedings. -statutory power and may be exercised only
- Deny registrations filed outside of the when COMELEC is engaged in the exercise of quasi-
prescribed period judicial power.
Summary by: Roderick F. Blanco
Reference: Outline Reviewer in Political Law, Nachura
*Power of the SC to review appellate decisions of the Canvassers, or other similar bodies but
COMELEC they shall be entitled to appoint POLL
- final orders, decisions, and rulings of COMELEC WATCHERS in accordance with law.
en banc in the exercise of its adjudicatory or quasi-
judicial power. The Party List System Act (RA 7941)

3. Decide, save those involving the right to vote, all Party list system – a mechanism of proportional
questions affecting elections, including representation in the election of representatives to the
determination of the number and location of HR from national, regional, and sectoral parties or
polling places, appointment of election officials organizations or coalitions thereof registered with the
and inspectors, and registration of voters. COMELEC.
*COMELEC ultimately determines WON to effect a
change in the location of the polling places, after Political Party – organized group of citizens advocating
notice and hearing, although it may be initiated by a an ideology or platform, principles and policies for the
written petition of the majority of voters, or by general conduct of government
agreement of the political parties.
- Unless clearly illegal or tainted with grave Sectoral Party – organized group of citizens belonging
abuse, the Court cannot interfere with the to any sectors enumerated under Section 5 whose
actions of the COMELEC in this respect. principal advocacy pertains to the special interest and
- May be questioned in an ordinary civil concerns of their sector.
action before trial courts - Must register with the COMELEC by filing a
*military personnel cannot be appointed as verified petition stating its desire to participate
members of BEI in the party list system not later than 90 days
- if no public school teachers, then before the elections.
teachers in the private school, or
employees in the civil service or other Grounds for Cancellation of registration:
citizens of known probity and 1. Religious denominations and sects;
competence. 2. Those which seek to achieve their goals through
violence or unlawful means;
4. Deputize, with concurrence of the President, law 3. Refuse to uphold and adhere to the
enforcement agencies and instrumentalities of the Constitution;
Government, including the AFP, for the exclusive 4. Foreign party or organization;
purpose of ensuring free, orderly, honest, 5. Those supported by foreign government
peaceful, and credible elections. (interference in the national affairs);
- May recommend to the President for 6. Those who violates or fails to comply with laws,
the removal or any disciplinary action of rules, and regulations relating to elections;
any officer it has deputized for violation 7. Declares untruthful statements in its petitions;
or disobedience to its directive or order. 8. has ceased to exist for at least one year;
- Authorized to conduct administrative 9. fails to participate in the last 2 preceding
inquiry of deputized official. elections or fails to obtain at least 2% of the
votes cast under the party-list system in the 2
5. Register, after sufficient publication, political preceding elections for the constituency in
parties, organizations, or coalitions which, in which it was registered.
addition to other requirements, must present
their platform or program of government; and *The LGBT is a sector that can be represented in the
accredit citizen’s arms of the Commission on party-list system even if it is not specifically enumerated
Elections. in the law. The crucial element is not WON a sector is
- Purely administrative in character specifically enumerated, but whether a particular
- EXCEPTIONS: organization complies with the requirement of the
o Religious denominations and Constitution and RA 7941.
sects; - Homosexual conduct is not against generally
o Those which seek to achieve accepted public morals. There should have been
their goals through violence or a finding that the group has committed or are
unlawful means; committing immoral acts before they can be
o Refuse to uphold and adhere to denied of their registration.
the Constitution; *Statutory requirement – submit a list containing at
o Those supported by foreign least 5 qualified nominees.
government (interference in the - Track record of past performance not a
national affairs); requirement under the law.
- Political parties, orgs, coalitions shall
not be represented in the BEI, Board of FOUR PARAMETERS:

Summary by: Roderick F. Blanco

Reference: Outline Reviewer in Political Law, Nachura
 - 20% allocation – the combined number of underrepresented” sector. Nominees must be
party-list congressmen shall not exceed 20% of bona fide members of such parties or orgs.
the total membership in the HR 3. Political parties can participate in the party-list
- 2% threshold – only those garnering a minimum elections provided:
of 2% of the total valid votes case for the party- a. They register under the party-list
list system are qualified to have a seat in the system, and
House b. Do not field candidates in the legislative
- Three-seat limit – each qualified party, district elections.
regardless of the number of votes cast it i. WON they field candidates in
actually obtained, is entitled to a maximum of 3 the legislative district elections,
seats. they can still participate but
- Proportional representation – the additional ONLY through their SECTORAL
seats which a qualified party is entitled to shall WING that can separately
be computed in proportion to their total register under the party-list
number of votes. system.

PROCEDURE IN THE ALLOCATION OF SEATS FOR 4. Sectoral parties may either be:
PARTY-LIST REPRESENTATIVES a. Marginalized and underrepresented
1. The parties, organizations and coalitions shall i. Include labor, peasants,
be ranked from the highest to the lowest based fisherfolks, urban poor, ICC,
on the number of votes they garnered during handicapped, veterans and
the election; OFWs.
2. The parties, organizations and coalitions ii. Majority of the members must
receiving at least 2% of the total votes cast for belong to the marginalized and
the party-list system shall be entitled to ONE underrepresented sector they
guaranteed seat each; represent.
3. Those garnering sufficient number of votes b. Lacking in well-defined political
according to the ranking in par.1 shall be constituencies
entitled to ADDITIONAL seats in proportion to i. Include professionals, elderly,
their total number of votes until all additional women, youth.
seats are allocated; ii. Majority of the members must
4. Each party, organization or coalition shall be 1. Belong to their
entitled to not more than 3 seats. respective sectors; or
5. In computing additional seats, the guaranteed 2. Have track record of
seats shall no longer be included because they advocacy for their
have already been allocated, at one seat each to respective sectors.
every two percenter. Thus, the remaining 5. National, regional and sectoral parties or orgs.
available seats for allocation as “additional Shall not be disqualified if some of their
seats” are the maximum seats reserved under nominees are disqualified, provided that they
the Party List System less the guaranteed seats. have at least one nominee who remains
6. There shall be two steps in the second round of qualified.
allocation:
a. The percentage is multiplied by the *The COMELEC has also the power to cancel a political
remaining available seats (Max. seats – party’s registration.
guaranteed seats). The whole integer of 6. File, upon a verified complaint, or on its own
the product corresponds to the party’s initiative, petitions in court for inclusion and
share in the remaining available seats. exclusion of voters; investigate and, where
b. Assign one party-list seat to each of the appropriate, prosecute cases of violations of
parties next in rank until all available election laws, including acts or omissions
seats are completely distributed. constituting election frauds, offenses and
malpractices.
WHO MAY PARTICIPATE IN THE PARTY LIST SYSTEM - Finding of probable cause in the prosecution of
ELECTION election offenses rests in the COMELEC’s sound
1. Three different groups may participate in the discretion.
pasty-list system: o Includes the authority to decide
a. National parties or orgs. whether to appeal the dismissal of the
b. Regional parties or orgs. criminal case by the trial court.
c. Sectoral parties or orgs. o May delegate the power to the Public
2. National and regional parties or orgs. Do not Prosecutor, since COMELEC is
need to organize along sectoral lines and do not authorized to avail assistance of other
need to represent any “marginalized or prosecuting arms of the government.

Summary by: Roderick F. Blanco

Reference: Outline Reviewer in Political Law, Nachura
 but right is reacquired upon the expiration of 5
7. Recommend to Congress effective measures to years after service of sentence.
minimize election spending, including limitation of 2. Any person adjudged by final judgment of
places where propaganda materials shall be having committed any crime involving
posted, and to prevent and penalize all forms of disloyalty to the government or any crime
election frauds, offenses, and malpractices and against national security; but right is reacquired
nuisance candidates. upon the expiration of 5 years after service of
8. Submit to the President and Congress a sentence.
comprehensive report on the conduct of each 3. Insane or incompetent persons as declared by
election, plebiscite, initiative, referendum and competent authority.
recall.
REGISTRATION:
*it shall be the duty of every citizen to register in the
STATUTORY POWERS OF THE COMELEC Permanent List of Voters for the city or municipality in
1. BP 881 which he resides and cast his vote.
a. To exercise supervision and control over all *registration does not confer the right to vote but is a
officials required to perform election duties, condition precedent for the exercise of the right; a
b. Promulgate rules and regulations, regulation, not a qualification.
c. Punish contempt,
d. Inquire into financial records of candidates,
e. Prescribe forms to be used in the elections, RA 8189: Voters Registration Act of 1996
f. Procure supplies and materials needed for the *COMELEC shall undertake the general registration of
election, etc. voters.
*System of Continuing Registration – means that the
2. RA 7166 personal filing of applications of registration of voters
a. Power to declare failure of election shall be conducted DAILY in the office of the Election
2 conditions: Officer during regular office hours, but no registration
i. No voting has taken place in the shall be conducted during the period starting 120 days
precincts concerned on the date fixed before a regular election and 90 days before a special
by law, or even if there was voting, the election.
election nevertheless resulted in a - Registration of illiterate or disabled voters is
failure of election; done with the assistance of a:
ii. The votes not cast would affect the o Relative within 4th civil degree of
result of the election. consanguinity or affinity;
b. COMELEC has residual power to conduct special o Election officer;
elections even beyond the 30-day prohibition o Any member of the accredited citizen’s
from the cessation of the cause of the failure of arm.
election. *Grounds for Deactivation of Registration:
3. Exclusive original jurisdiction over all pre- 1. Any person sentenced by final judgment to
proclamation contests. suffer imprisonment of not less than one year;
but right is reacquired upon the expiration of 5
VOTERS years after service of sentence.
2. Any person adjudged by final judgment of
Qualifications for Suffrage: (Article V, 1987 having committed any crime involving disloyalty
Constitution) to the government or any crime against national
Suffrage may be exercised by ALL CITIZENS of the security; but right is reacquired upon the
Philippines not otherwise disqualified by law who are: expiration of 5 years after service of sentence.
1. At least 18 years of age; 3. Insane or incompetent persons as declared by
2. Shall have resided in the Philippines for at least competent authority;
on year and in the place where they propose to 4. Failure to vote in 2 successive preceding regular
vote for at least 6 months immediately elections;
preceding the election. 5. Cancellation of registration as ordered by the
3. No literacy, property or other substantive court;
requirement shall be imposed on the exercise 6. Loss of Filipino citizenship.
of suffrage.
NOTE: Transfer of residence solely by reason of *Reactivation of Registration
occupation, profession or employment does not result Voter may file with the Election Officer a sworn
to loss of original residence. statement for reactivation of his registration in the form
of an affidavit stating that the grounds for deactivation
DISQUALIFICATIONS: no longer exists any time but not later than 120 days
1. Any person sentenced by final judgment to
suffer imprisonment of not less than one year;
Summary by: Roderick F. Blanco
Reference: Outline Reviewer in Political Law, Nachura
before a regular election or 90 days before a special
election. Annulment of Book of Voters
*COMELEC may annul any book of voters if not
*Posting of certified list of voters: prepared in accordance with law, or was prepared
- 90 days before a regular election through fraud, bribery, forgery, impersonation,
- 60 days before a special election intimidation, force or any similar irregularity, or which
contains data which are statistically improbable.
INCLUSION, EXCLUSION or CORRECTION OF NAMES *No order annulling a book of voters shall be executed
PROCEEDINGS within 90 days before an election.
Common Rules: *Annulment of list of voters shall not constitute a
1. Petition shall be filed during office hours. ground for a pre-proclamation contest.
2. Notice of the place, date and time of the
hearing of the petition shall be served upon the
members of the Election Registration Board and
the challenged voter upon filing of the petition.
3. The petition shall refer only to one precinct and
shall implead the Board as respondents.
4. No costs against any party in these proceedings, CANDIDATES
unless, it was filed to harass the adverse party.
5. Any voter, candidate or political party may Qualifications:
intervene and present his evidence. *the qualifications required by law are continuing
6. Decision shall be based on evidence and not requirements. Once its lost, his title to the office may be
upon a stipulation of facts. Non-appearance of challenged.
the voter is prima facie evidence that the *the LGC does not specify any particular date when the
challenged voter is fictitious. candidate must possess Filipino citizenship. But it is
7. The petition shall be decided within 10 days required to ensure that no alien shall govern our
from filing. If appealed to RTC, shall be decided people.
by it within 10 days from receipt of appeal. In all *repatriation retroacts to the date of filing of the
cases, the court shall decide the petitions not application for repatriation.
later than 15 days before the election and the *question of residence is a question of intention.
decision shall be final and executory. Change in the same requires an actual and deliberate
abandonment, because one cannot have two legal
Jurisdiction: residences at the same time.
1. MTC, MeTC – for voters within their respective
municipalities and cities. Disqualifications:
a. Decision may be appealed to RTC within 1. Under BP 881
5 days from receipt of notice. RTC shall a. Declared as incompetent or insane by
decide the appeal within 10 days from competent authority;
the time it is received and the decision b. Sentenced by final judgment for
shall be final and executory. MR is a SUBVERSION, INSURRECTION,
prohibited pleading. REBELLION, or any offense for which he
2. Petition for inclusion – to include his name in was sentenced a penalty of more than
the Permanent List of Voters. 18 months imprisonment.
a. At any time EXCEPT 105 days prior to a c. Sentenced by final judgment for a crime
regular election or 75 days prior to involving moral turpitude.
special election. i. Estrada was granted an
b. Must be supported by certificate of absolute pardon that fully
disapproval of his application and proof restored all his civil and political
of service of notice of his petition upon rights, which naturally include
the Board. It shall be decided within 15 the right to seek public office.
days after filing. ii. violation of BP22 and the Anti-
3. Petition for exclusion – exclusion from the Fencing Law involves moral
Permanent List of Voters, giving the name, turpitude.
address and the precinct of the challenged d. Any person who is a permanent
voter resident of or an immigrant to a foreign
a. At any time EXCEPT 100 days prior to a country, unless he has waived his status
regular election or 65 days prior to as such.
special election. i. “green card” is an ample proof
b. Accompanied by proof of notice to the that the holder thereof is a
Board and to the challenged voter and permanent resident of the
shall be decided within 10 days from United States.
filing.
Summary by: Roderick F. Blanco
Reference: Outline Reviewer in Political Law, Nachura
 2. Under the LGC, RA 7160 (applicable to LOCAL However, by
elective office only) representing himself as
a. Sentenced by final judgment for an a foreign citizen, he
offense punishable by one year or voluntarily and
more of imprisonment, and within 2 effectively reverted to
years after serving sentence. his earlier status as a
i. Probation is not a sentence but dual citizen. He can still
rather a suspension of the vote but he is
imposition of the sentence. A disqualified from
person under probation is not running for a local
disqualified from running for elective position. His
public office because the COC is thus rendered
accessory penalty of void ab initio.
disqualification from public e. Fugitives from justice in criminal and
office is PUT ON HOLD for the non-political cases HERE and ABROAD.
duration of the probation. i. Includes those who flee after
ii. the final discharge of the being charged to avoid
probationer shall operate to prosecution.
restore him all civil rights lost or f. Permanent residents in a foreign
suspended as a result of his country or those who have acquired
conviction and to fully discharge the right to reside abroad, and
his liability for any fine imposed continue to avail of the same right
as to the offense for which after the effectivity of the LGC.
probation was granted. i. Possession of green card
b. Those removed from office as a result g. Those who are insane or
of an administrative case. feebleminded.
i. Effectivity of LGC – January 1, 3. Additional Grounds for Disqualifications
1992; cannot be given *after having filed the COC, or has been elected
retroactive effect in the elective office.
c. Those convicted by final judgment for a. Has given money or other material
violating the oath of allegiance to the consideration to influence or corrupt
Republic of the Philippines. the voters or public officials performing
d. Those with DUAL citizenship. electoral functions.
i. One is disqualified only if he b. Has committed acts of terrorism to
consciously or deliberately enhance his candidacy.
obtains “dual citizenship”, thus c. Has spent in his election campaign an
owing allegiance to two states. amount in excess of that allowed by BP
ii. Filing of COC suffices to 881.
renounce foreign citizenship is d. Has solicited, received, or made
deemed superseded by RA contributions prohibited under Section
9225. 89, 95, 96, 97, 104 of BP 881.
1. A former Filipino who e. Has violated provisions on campaign
reacquires Philippine period, removal and destruction of
citizenship has to take lawful election propaganda, and
an OATH OF regulation of propaganda through mass
ALLEGIANCE under RA media.
9225. f. Has committed any election offenses.
2. Foreign citizenship
must be formally CERTIFICATE OF CANDIDACY
rejected through an Deadline for filing: COMELEC shall set the deadline
affidavit duly sworn Effect of filing:
before an officer 1. Considered as a candidate at the start of the
authorized to campaign period
administer oath to 2. If public APPOINTIVE official, including members
qualify as a candidate of the AFP and officers and employees of
for a public office. GOCCs, shall be considered ipso facto resigned
3. If after renunciation of from his office, and shall vacate the same at the
his foreign citizenship, time of the filing of his COC.
he should still use his 3. NO candidate can be held liable for premature
foreign passport, he is campaigning because he shall be considered as
not divested of his a candidate only at the start of the campaign
Filipino citizenship. period. Any unlawful acts or omissions
Summary by: Roderick F. Blanco
Reference: Outline Reviewer in Political Law, Nachura
 applicable to a candidate shall take effect only *ministerial to receive and acknowledge receipt of the
upon the start of the aforesaid campaign COC; no discretion to give or not to give due course to
period. the COCs filed.
Formal defects in the COC: *may not unilaterally cancel a COC filed in due form
*election of a candidate cannot be annulled on the sole without proper notice and hearing; EXCEPT when the
ground of formal defects in the certificate, such as: candidate is CLEARLY DISQUALIFIED UNDER THE LAW.
a. lacking of the required oath, or
b. a defective notarization, Instances when COMELEC may go beyond the face of
c. failure to indicate the precinct number and the certificate:
the barangay where he is registered as a 1. Nuisance Candidate
voter. a. Put the election process into mockery
or disrepute;
Death, Withdrawal or Disqualification of a Candidate: b. To cause confusion among the voters by
*after the deadline for filing of COCs the similarity of the names of the
*Substitution – only a (1) person belonging to and (2) registered candidates;
certified by the same political party may file a COC for c. Other circumstances and acts which
the office (3) not later than the mid-day of the day of clearly demonstrate that the candidate
the election. has no bona fide intention to run for the
 In case of a valid substitution after the office for which the certificate has been
official ballots have been printed, the filed, and thus, prevent a faithful
votes cast for the substituted candidate determination of the true will of the
shall be considered votes for the electorate.
substitute.
 The existence of a VALID COC is a *their COCs may be denied due course
condition sine qua non for a disqualified by the COMELEC, motu proprio or upon
candidate to be validly substituted. a verified petition by an interested
 Cancellation of COC involves the party, upon notice and hearing.
exercise of the quasi-judicial power of
the COMELEC; it must be decided by the *the proclamation of the winning
COMELEC division before elevated to candidate renders moot and academic
the COMELEC en banc an MR filed by a candidate earlier
 A cancelled COC void ab initio cannot declared by the COMELEC to be a
give rise to a valid candidacy, and much nuisance candidate.
less to valid votes. The second placer
candidate is deemed to have garnered *votes cast for a nuisance candidate
the highest number of votes and is declared as such by a final judgment are
entitled to hold the corresponding not stray but must be counted in favor
elective position. of the legitimate candidate who has the
o Even the will of the electorate same surname as that of the nuisance
expressed through the ballot candidate.
cannot cure the defect in the
constitutional and statutory 2. Petition to deny due course or to cancel COC
requirement for qualifications *verified petition exclusively in the ground that
of the candidate. ANY MATERIAL REPRESENTATIONS contained in
*Withdrawal of COC – shall effect the disqualification of the certificate is FALSE.
the candidate to be elected for the position. The  Material misrepresentations refers to
withdrawal of the withdrawal, for the purpose of “qualifications for elective office” or
reviving the COC, shall be made within the period claim for eligibility for the office when
provided by law for the filing of COC. the candidate does not possess the
 May not necessarily be filed with the requisite qualification, coupled with
same office where the COC to be intent to deceive the electorate.
withdrawn was filed.  Filed not later than 25 days from the
filing of the COC
Filing of TWO COCs for different offices:  Shall be decided, after due notice and
*becomes ineligible for either office. He must withdraw hearing, not later than 15 days before
one of his certificates by filing a sworn declaration with the election.
the COMELEC before the deadline for the filing of COC.  Jurisdiction: COMELEC division, quasi-
judicial power
Duty of the COMELEC:  Can be prosecuted for violation of
election laws.

Summary by: Roderick F. Blanco

Reference: Outline Reviewer in Political Law, Nachura
 3. A disqualification case based on any of the *if the disqualification case is still pending after the
grounds enumerated in Section 68, BP 881 (ex. election, the Court or COMELEC shall continue with the
Vote-buying, terrorism, overspending, etc.) trial and hearing of the action and MAY during the
a. Has given money or other material pendency thereof order the suspension of the
consideration to influence or corrupt proclamation of such candidate whenever the evidence
the voters or public officials performing of his guilt is strong.
electoral functions. (Vote-buying)  The decision of the COMELEC
b. Has committed acts of terrorism to disqualifying a candidate is not yet final
enhance his candidacy. and executory on the election day, the
c. Has spent in his election campaign an BEI is under obligation to count and
amount in excess of that allowed by BP tally the votes cast in favor of the
881. (overspending) candidate.
d. Has solicited, received, or made
contributions prohibited under Section CAMPAIGN, ELECTION PROPAGANDA, CONTRIBUTION
89, 95, 96, 97, 104 of BP 881. AND EXPENSES
e. Has violated provisions on campaign
period, removal and destruction of Election Campaign or Partisan Political Activity
lawful election propaganda, and - Refers to an act designed to promote the
regulation of propaganda through mass election or defeat of a particular candidate or
media. candidates to public office.
f. Has committed any election offenses. - Allowed only during the campaign period;
*Jurisdiction of COMELEC is limited to these otherwise, unlawful.
grounds; all others are beyond the ambit of - Elements of the offense:
COMELEC jurisdiction. o A person engages in election campaign
or partisan political activity;
Distinctions Between Petition for Disqualification and o The act is designed to promote the
a Petition to Deny Due Course to a COC. election or defeat of a particular
candidate;
Petition for Disqualification Petition to Deny Due Course o Act is done outside the campaign
Grounds: Grounds: period.
1. Candidate’s 1. Material - Under the recent law, no one can be held liable
possession of a misrepresentation
for the offense of premature election campaign.
permanent of qualifications
resident status in required for the
- Prohibition on members of the Civil Service to
a foreign country; elective office. engage, directly or indirectly, in any
2. Commission of electioneering or partisan political campaign.
certain acts of
disqualifications Public Rally
under Section 68. - Any political party or candidate shall inform the
Technically a candidate is Not treated as a candidate Election Registrar of any public rally they intend
eligible to run but is at all, as if never filed a COC to organize and hold in the city or municipality
ordered discontinued by and within 7 days thereafter submit to the
the commission of election
election registrar a statement of expenses
offenses under Section 68.
incurred in connection therewith.
Votes are not considered Votes cast for such
null and void, and the candidate is null and void,
second placer cannot be deemed stray Lawful Election Propaganda
proclaimed winner. Section 82, BP 881:
*the ineligibility of a
candidate receiving (a) Pamphlets, leaflets, cards, decals, stickers or other
majority votes does not written or printed materials of a size not more than
entitle the eligible eight and one-half inches in width and fourteen inches
candidate receiving the in length;
next highest number of
votes to be declared
(b) Handwritten or printed letters urging voters to vote
elected. A minority or
defeated candidate cannot for or against any particular candidate;
be deemed elected to the
office. (c) Cloth, paper or cardboard posters, whether framed
or posted, with an area exceeding two feet by three
Effect of Disqualification Case feet, except that, at the site and on the occasion of a
*shall not be voted for and any votes cast for him shall public meeting or rally, or in announcing the holding of
not be counted. said meeting or rally, streamers not exceeding three
feet by eight feet in size, shall be allowed: Provided,
Summary by: Roderick F. Blanco
Reference: Outline Reviewer in Political Law, Nachura
That said streamers may not be displayed except one contribute, whether or not legally enforceable, made
week before the date of the meeting or rally and that it for the purpose of influencing the results of the election
shall be removed within seventy-two hours after said but shall not include services rendered without
meeting or rally; or compensation by individuals volunteering portion or all
of their time in behalf of a candidate or political party.
(d) All other forms of election propaganda not
prohibited by this Code as the Commission may Prohibited Contributions: No contribution for purposes
authorize after due notice to all interested parties and of partisan political activity shall be made, directly or
hearing where all the interested parties were given an indirectly, BY ANY of the ff:
equal opportunity to be heard: Provided, That the 1. Public or private financial institutions, unless it
Commission's authorization shall be published in two is engaged in the business of lending money and
newspapers of general circulation throughout the the loan is made in accordance with the laws
nation for at least twice within one week after the and regulations in the ordinary course of
authorization has been granted. business;
2. Natural and juridical persons operating a public
*RA 9006 Fair Election Act – requires that print utility, or in possession of or exploiting any
advertisements donated to a candidate shall not be natural resources of the nation;
published without the written acceptance of the said 3. Those who holds contracts to supply
candidate. Such written acceptance shall be attached to government with goods or services, or to
the advertising contract and submitted to the COMELEC. perform construction works;
4. Those who have been granted franchises,
Prohibited Election Propaganda incentives, exemptions, allocations or similar
Section 85, BP 881 privileges or concessions by the government;
5. Those who, within 1 year prior to the date of
(a) To print, publish, post or distribute any poster, the election have been granted loans in excess
pamphlet, circular, handbill, or printed matter urging of Php100,000 by the government;
voters to vote for or against any candidate unless they 6. Educational institutions which have received
bear the names and addresses of the printer and payor; grants of public funds amounting to no less
than Php100,000;
(b) To erect, put up, make use of, attach, float or display 7. Officials or employees in the Civil Service, or
any billboard, tinplate-poster, balloons and the like, of members of the AFP;
whatever size, shape, form or kind, advertising for or 8. Foreigners and foreign corporations.
against any candidate or political party;
Prohibited Donations by Candidates
(c) To purchase, manufacture, request, distribute or WHO are prohibited:
accept electoral propaganda gadgets, such as pens, 1. Candidate, his/her spouse,
lighters, fans of whatever nature, flashlights, athletic 2. any relative within the 2nd civil degree of
goods or materials, wallets, shirts, hats, bandanas, consanguinity or affinity,
matches, cigarettes and the like, except that campaign 3. campaign manager,
supporters accompanying a candidate shall be allowed 4. agent or representative
to wear hats and/or shirts or T-shirts advertising a WHEN: during the campaign period, on the day before
candidate; and on the date of the election
WHAT: any donation, contribution or gift in cash or in
(d) To show or display publicly any advertisement or kind, or undertake to contribute to the construction or
propaganda for or against any candidate by means of repair of roads, bridges, school houses, hospitals,
cinematography, audio-visual units or other screen churches, or any structure for public use of any religious
projections except telecasts which may be allowed as or civic organization.
hereinafter provided; and EXCEPTION: normal and customary religious
contributions such as stipends, tithes or collections on
(e) For any radio broadcasting or television station to Sundays.
sell or give free of charge air time for campaign and
other political purposes except as authorized in this Limitations on Expenses/Lawful Expenditures
Code under the rules and regulations promulgated by RA 7166, Section 13 – aggregate amount that may be
the Commission pursuant thereto. spent for election campaign

*Prohibition of certain forms of election propaganda For Candidates:

was upheld as valid exercise of police power. Php10.00 for every voter– President and VP
Php3.00 for every voter – for other candidates
Electoral Contributions Php5.00 for every voter – if independent candidate
Contribution – includes a gift, donation, subscription,
loan, advances or deposit of money or anything of For Political Parties:
value, or a contract, promise or agreement to Php5.00 for every voter
Summary by: Roderick F. Blanco
Reference: Outline Reviewer in Political Law, Nachura
 5. To perform such other functions as may be
Statement of Contributions and Expenses (SOCE) prescribed by law or by the rules of COMELEC.
Every candidate and treasurer of a political party shall,
within 30 days after the day of the election, file in *the BEI shall act through its Chairman, and shall decide
duplicate with the COMELEC, the FULL, TRUE, AND without delay by majority vote all questions which may
ITEMIZED statement of all contributions and arise in the performance of its duties.
expenditures in connection with the election.
- Covers even those who withdrew as candidates Watchers:
after having filed their COCs - One watcher in every polling place and
- Not allowed to enter upon the duties of the canvassing center for every political party or
office in the absence of the SOCE candidate.
- Failure to file shall constitute an administrative - Candidates for Sangguniang Panlalawigan,
offense; EXCEPT: candidates for elective Sangguniang Panlungsod or Sangguniang Bayan
barangay office belonging to the same slate shall collectively be
o offenders shall be liable to pay entitled to one watcher.
administrative fine (Php1,000.00 to
Php30,000.00) to be paid within 30 days Qualifications:
from the notice of such failure 1. Qualified voter of the city or municipality
o Second offense (Php2,000.00 to 2. Of good moral character
Php60,000.00) plus subject to perpetual 3. Never been convicted of any election offense or
disqualification to hold public office. any crime,
4. Knows how to read and write English, Filipino,
or any prevailing local dialects,
5. Not related within 4th civil degree by
consanguinity or affinity to any member of the
BEI in the pooling place where he seeks
BOARD OF ELECTION INSPECTORS appointment as watcher.
Composition: Chairman, member, poll clerk (public
school teachers)
Rights and Duties:
Qualifications: 1. To stay in the place reserved for them inside the
1. Must be of good moral character and polling place
irreproachable reputation, 2. Witness and inform themselves of the
2. a registered voter of the city or municipality, proceedings of the BEI,
3. never been convicted of any election offense or 3. Take notes, photographs of proceedings,
any crime punishable by more than 6 months 4. File protest against any irregularity or violation
imprisonment, of law
4. able to speak and write English or the local 5. Be furnished with a certificate of the number of
dialect. votes cast for each candidate.

Disqualifications: CASTING AND COUNTING OF VOTES

1. must not be related within the 4 th civil degree of
consanguinity or affinity to any member of the Ballot box
BEI or any candidate to be voted in the polling - Where applicable, there shall be in each
place. precinct on election day a ballot box with safety
2. Must not engage in any partisan political features that COMELEC may prescribe.
activity. Official Ballot
*if AES is adopted, at least one member of the BEI shall - COMELEC shall prescribe the format of the
be an IT-capable person, who is trained or certified by official ballot.
the DOST to use the AES. - Shall ensure necessary safeguards to prevent
the use of fake ballots.
Powers: - A ballot which has not been authenticated is
1. Conduct the voting and counting of votes in the not spurious but the Chairman of the BEI shall
polling place be held accountable for such omission.
2. Act as deputies of the COMELEC in the
supervision and control of the polling place; Procedure in Voting
3. Maintain order within the polling place and its - The COMELEC shall prescribe the manner and
premises to keep access thereto open and procedure of voting, taking into consideration
unobstructed; the secrecy of the voting.
4. To enforce obedience to its lawful orders - Challenge of illegal voter:

Summary by: Roderick F. Blanco

Reference: Outline Reviewer in Political Law, Nachura
 o Any voter or watcher may challenge a DETACHMENT BUREAU, or ANY LAW
voter for: ENFORCEMENT or INVESTIGATING
 Not being a registered voter; AGENCY.
 Using the name of another;
 Suffering from existing - Counting Procedure:
disqualifications; o COMELEC shall prescribe the manner
 Expects to receive or has and procedure for counting the votes
received consideration for his under the automated system.
vote. o 30 copies of the election returns shall
o The challenged voter shall take an be printed:
OATH before the BEI that he has not  1 to City/Mun Board of
committed any of the acts alleged in the Canvassers;
challenge.  1 to Congress;
- Preparation of the Ballot for the Illiterate and  1 to COMELEC;
Disabled:  1 to citizen’s arm;
o No voter may be allowed to vote as an  1 to dominant majority party;
illiterate unless stated in his registration  1 to dominant minority party;
record.  1 inside the ballot box;
o May be assisted by  1 to Prov. Board of Canvassers;
 his relative within 4th civil  9-18 to 10 accredited major
degree of consanguinity or political parties;
affinity;  19-20 to accredited major
 any person of his confidence political parties;
who belongs to the same  21-24 to national media;
household;  25-26 to local media;
 any member of the BEI.  27-30 to major citizen’s arms.
 No assistor shall assist o Electronic returns:
for more than 3 times,  Shall bear appropriate control
EXCEPT the members of marks to determine the time
the BEI. and place of printing.
 Shall be signed by the members
of the BEI and the watchers
- Closing of Polls: present; if any refuses to sign, it
o COMELEC shall prescribe the time, shall be noted by the Chairman
manner and procedure of closing the in the printed electronic
polls and the steps for the correct returns. The refusing member
reporting of votes cast and the proper shall be compelled to explain
conduct of counting for areas covered for his refusal; failure to do so is
by the AES. punishable by law.
- Notice of Designation of Counting Centers:  The Chairman of BEI shall
o Election officer shall post notice of publicly read and announce the
designated counting centers at: total number of registered
 His office; voters, the total number of
 Bulletin board of the voters who actually voted and
municipal/city hall; total number of votes obtained
 3 other conspicuous places in by each candidate based on the
the city/municipality election returns. After, it shall
o For at least 3 weeks prior to election be sealed and placed in proper
day. envelopes for distribution.
o Shall also furnish copy to the HQ of the  Within 1 hour from printing, the
political parties or independent chairman, in the presence of
candidates within the same period. watchers and representatives of
o Post in the COMELEC website and accredited citizen’s arms,
publish the notice in the local political parties/candidates,
newspaper. shall electronically transmit the
o PROHIBITION: may not designate as precinct results to the
counting center any building or facility respected levels of board of
located within the premises of a camp, canvassers, to the dominant
reservation compound, HQ, majority and minority party, to
detachment, or field office of the the accredited citizen’s arms,
MILITARY, POLICE, PRISON OR and to the KBP.
Summary by: Roderick F. Blanco
Reference: Outline Reviewer in Political Law, Nachura
 
Election returns transmitted  When 2 words are written on
electronically and digitally the ballot, one of which is the
signed shall be considered as first name of the candidate and
official election results and shall the other is the surname of his
be used as basis for the opponent, the vote shall NOT
canvassing of votes and be counted for either.
proclamation of a candidate.  Ballots which contains prefixes
- Random Manual Audit: such as “Mr.”, “Sr.”, “Datu”,
o If AES is used, there shall be a random “Ginoo”, etc. shall be valid.
manual audit in one precinct per  The use of nicknames and
congressional district randomly chosen appellations of affection and
by the Commission in each province and friendship, if accompanied by
city. the first name or surname of
o Any difference between the automated the candidate, does not annul
results and the manual count will result such vote, EXCEPT when they
in the determination of root cause and were used as means to identify
initiate a manual count for those the voter, in which case, the
precincts affected by the computer or entire ballot is invalid.
procedural error.  If the candidates voted for
exceed the number of those to
- Manual Elections, Procedure for Counting Votes: be elected, the ballot is VALID,
o Manner of counting votes but the votes shall be counted
 The public shall be conveniently in favor only of the candidates
accommodated in the polling whose names were firstly
place written by the voter within the
 Unimpeded view of the ballot space provided for said office in
being read by the Chairman, the the ballot until the authorized
election returns and tally board number is covered.
being simultaneously o Some relevant decisions on appreciation
accomplished by the poll clerk of ballots:
and the third member,  The objective is to carry into
respectively, effect the intention of the voter
 The table shall be cleared of all if it can be determined with
unnecessary writing reasonable certainty.
paraphernalia. Any violation  Where the name of the
constitutes an election offense. candidate is written
o Rules for Appreciation of Ballots: seven times in the
 Idem sonans – a name or ballot, it is clear that
surname incorrectly written the same is intended to
which when read has a sound identify the voter, thus
similar to the name or surname invalid.
of a candidate when correctly  Distinction must be made
written shall be counted in his between marks which were
favor. carelessly or innocently made,
 When 2 or more words are which do not invalidate the
written on the same line of the ballot, and the marks purposely
ballot all of which are surnames placed thereon by the voter to
of 2 or more candidates, the possible future identification,
same shall not be counted for which invalidates it.
any of them, UNLESS one is the o The Certificate of Votes is issued upon
surname of an incumbent who request. However, it is not a valid basis
has served for at least one year, for canvass; it can only be used as
in which case it shall be evidence to prove tampering,
counted in favor of the latter. alteration, falsification or any other
 When on the ballot is a single anomaly in the election returns
word which is the first name of concerned.
a candidate and which is at the  Does not constitute sufficient
same time the surname of his evidence of the true and
opponent, the vote shall be genuine results of the election,
counted in favor of the latter. only election returns are.

Summary by: Roderick F. Blanco

Reference: Outline Reviewer in Political Law, Nachura
 CANVASS AND PROCLAMATION shall be transferred, assigned or
detailed outside of his official station
Board of Canvassers without the prior authority of the
- Performs purely ministerial function Commission.
- Canvass proceedings are administrative and
summary in nature. CANVASSING by the Board of Canvassers
- The CITY or MUNICIPAL Board of
Composition Canvassers shall canvass the votes for
Provincial: the President, Vice President, Senators,
- Chairman: Provincial Election and parties under the party-list system
Supervisor or Lawyer of a Regional by consolidating the electronically
Office of COMELEC; transmitted results contained in the
- Vice Chairman: Provincial Prosecutor; data storage devices used in the
- Member: Provincial Superintendent of printing of the election returns.
Schools. - After completion of canvass, it shall
- In the event of non-availability, print Certificate of Canvass of votes for
substitute members are the following, President, Vice President, Senators and
in the order named: members of the HR and elective
o Provincial Auditor; provincial officials and thereafter
o Register of Deeds; proclaim the elected city or municipal
o Clerk of Court nominated by the officials, as the case may be.
Executive Judge;
o Any available appointive National Board of Canvassers for Senators and Part-list
provincial official. Representatives
City: - Chairman and members of the
- Chairman: City Election Registrar or a COMELEC en banc
lawyer of the COMELEC; - Consolidate the certificates of canvass
- Vice Chairman: City Prosecutor; electronically transmitted.
- Member: City Superintendent of - Shall proclaim the winning candidates
Schools. for senator and party-list
- Substitute members are officials in the representatives.
city corresponding to the substitutes in
the provincial board of canvassers. National Board of Canvassers for President and Vice
Municipal: President
-
Chairman: Election Registrar or - Congress (Senate and HR in joint public
representative of the COMELEC; session)
- Vice Chairman: Municipal Treasurer; - President of the Senate shall, not later
- Member: most Senior District Schools than 30 days after the day of the
Supervisor, or in his absence, a Principal election, open all the certificates of
of the School. canvass in the presence of the Senate
- Substitute members are: and the HR in joint public session
o Municipal Administrator; - Upon determination of the authenticity
o Municipal Assessor; and due execution thereof in the
o Clerk of Court nominated by the manner provided by law, Congress shall
Executive Judge canvass all the results for President and
o Any other appointive municipal Vice President and thereafter, proclaim
official. the winning candidates.
NOTE: For AES, the chairman of the board shall be
appointed by the Commission from among its Authentication of Electronically Transmitted Election
personnel/deputies, and the members from those Results
enumerated above. - Shall conform with the provisions of RA
7166, RA 8792 (e-Commerce Act)
PROHIBITIONS on Members of the Board
- Shall not be related within 4 th civil
degree of consanguinity or affinity to PRE-PROCLAMATION CONTROVERY
any of the candidates whose votes will For purposes of the election for President, Vice
be canvassed by the Board, or to any President, the Senators and members of the House of
member of the Board. Representatives, NO PRE-PROCLAMATION CASES shall
- From the election day until be allowed on matters relating to the preparation,
proclamation of the winning transmission, receipt, custody and appreciation of
candidates, no member of the Board election returns or certificates of canvass.

Summary by: Roderick F. Blanco

Reference: Outline Reviewer in Political Law, Nachura
EXCEPT: when there are manifest errors in the c. In automated election, the picture
certificate of canvass or election returns. images of the ballots are functional
equivalent of the paper ballots.
Parties adversely affected by the ruling of the board of d. Filing of an election protest or quo
canvassers on questions affecting the composition or warranto precludes the subsequent
proceedings of the board may appeal the matter to the filing of a pre-proclamation
COMELEC within 3 days from a ruling thereon. The controversy or amounts to an
COMELEC shall summarily decide the case within 5 days abandonment of one earlier filed
from the filing thereof. EXCEPT:
i. When the board of
ELECTION CONTESTS canvassers was improperly
constituted;
Jurisdiction: ii. When quo warranto is not
ORIGINAL AND EXCLUSIVE: the proper remedy;
a. President/Vice President – SC/PET iii. What was filed was not
b. Senator – SET really an election protest or
c. Representative – HRET quo warranto but a petition
d. Regional/Provincial/City – COMELEC to annul proclamation;
e. Municipal – RTC iv. It was expressly made
f. Barangay – MTC without prejudice to the
pre-proclamation
APPELLATE: controversy or was made
a. from RTC and MTC to COMELEC ad cautelam;
i. decision of COMELEC shall be v. Proclamation was null and
final, executory and not void.
appealable (except: grave abuse 3. Within 10 days from the proclamation of
of discretion) the results of the election.
ii. RTC to COMELEC shall be a. Period for filing election protest is
appealed within 5 days from SUSPENDED by the pendency of a
receipt of decision. MR a pre-proclamation contest.
prohibited pleading. b. One day delay in the filing of Prelim.
iii. 2 appeal fees: one in the trial Conference Brief does not justify
court with the notice of appeal, the outright dismissal of an
and another in COMELEC Cash electoral protest based on technical
Division within 15 days from rules, and the reason for the delay
filing of notice of appeal. is justifiable.
*decisions of the Electoral tribunals shall be appealed to
the SC through Petition for Review on Certiorari under Payment of Docket Fees
Rule 65 within 30 days from receipt of a copy of the - 2 different appeal fees rule
decision, on the ground of grave abuse of discretion or - COMELEC is not constrained to dismiss
violation of due process. a case before it by reason of non-
*HRET Rules of Procedure prevails over the provisions payment of filing fees.
of the Omnibus Election Code. - Certificate of Absence of Forum-
Shopping applies to election cases
Actions May be Filed - The death of the protestant does not
A. Election Protest extinguish an election protest because
Requisites: it is imbued with public interest.
1. Must be filed by a candidate who has filed a
COC and has been voted upon for the same B. Quo Warranto
office. Requisites:
2. On the grounds of FRAUD, TERRORISM, 1. Filed by any register voter in the
IRREGULARITIES or ILLEGAL ACTS committed constituency;
before, during and after the casting and 2. On grounds of ineligibility or disloyalty to
counting of votes. the Republic of the Philippines;
a. The purpose of an election protest 3. Within 10 days from the proclamation of
is to ascertain whether the the results of the election.
candidate proclaimed by the board
of canvassers is the true and lawful Distinctions between Quo Warranto in elective and
choice of the electorate. in appointive offices:
b. Recount of ballots; the best and the Elective Office Appointive Office
most conclusive evidence are the The issue is eligibility of the The issue is the legality of
ballots themselves. officer-elect the appointment
Summary by: Roderick F. Blanco
Reference: Outline Reviewer in Political Law, Nachura
 Court cannot declare the Court determines who of - The RTC has exclusive original
protestant or the candidate the parties has legal title to jurisdiction to try and decide any
who obtained the 2nd the office. criminal action or proceeding for
highest number of votes as violation of election laws.
having been elected;
- Given preference over other cases,
UNLESS the COC is
cancelled.
except petitions for writ of habeas
corpus.
- Shall be decided within 30 days from
*Actual or compensatory damages may be granted in all
submission.
election contests or quo warranto proceedings in
Prescriptive Period for Election Offenses
accordance with law.
- 5 years from date of commission for the
offenses enumerated under BP 881,
ELECTION OFFENSES
Section 261.
A. Under BP 881
1. Vote buying and vote selling.
2. Wagering upon the results of the election.
3. Threats, intimidation, terrorism, use of
fraudulent device or other forms of coercion.
4. Appointment of new employee (EXCEPT: in case
of urgent need, with notice to COMELEC within
3 days from appointment), creation of new
positions, promotions or granting salary
increases.
5. Carrying of deadly weapon within a radius of
100 meters from the precinct. (including air
guns)
6. Transfer or detail of government
official/employee without COMELEC approval.

B. Electoral Sabotage
Any person or member of BEI or BoC who tampers,
increases or decreases the votes received by a
candidate in any election, or any member of the board
who refuses to credit the correct votes or deduct such
tampered votes, and the same is perpetrated on a
LARGE SCALE or in SUBSTANTIAL NUMBERS.
1. What is involved is an election of national
elective office;
2. Regardless of elective office involved, if the
votes tampered, increase or decreased,
EXCEEDS FIVE THOUSAND VOTES;
3. Any and all forms of tampering, increasing
and decreasing the votes which EXCEED TEN
THOUSAND VOTES.

Penalty: Life imprisonment

GOOD FAITH is not a defense. Election offenses are

generally mala prohibita. Proof of criminal intent not
necessary. The commission of the prohibited act is
sufficient.

JURISDICTION OVER ELECTION OFFENSES

Investigation and Prosecution:
- COMELEC has exclusive jurisdiction
- Legislature has the power to determine
the kind of election offenses that the
COMELEC shall prosecute exclusively.
- May avail assistance from other
prosecuting arms of the government
- Shall be given priority by the COMELEC.
Trial and Decision:
Summary by: Roderick F. Blanco
Reference: Outline Reviewer in Political Law, Nachura