Election Laws Reviewer

Election Laws Reviewer Definition: Suffrage the right and obligation of qualified citizens to vote in the election of certain
national and local of the government and in the decisions of public questions submitted to the people. It includes within its scope: election, plebiscite, initiative, referendum and recall. Election the means by which the people choose their officials for a definite and fi ed period and to whom they entrust for the time being as their representatives the e ercise of the powers of the government, It involves the choice of selection of candidates to public office by popular vote. !lebiscite a vote of the people e pressing their choice for against a proposed law or enactment submitted to them. "n election at which any proposed amendment to or revision of the #onstitution is submitted to the people for their ratification. " constitutional requirement o secure the approval of the people directly affected, before certain proposed changes affecting local governments units may be implemented. Initiative it is the process by which the registered voters directly propose, amend laws, national or local, though an election called for the propose. "mendments to the #onstitution may li$ewise be directly proposed by the people though initiative. %eferendum& it is at he submission of a law pass by the national or local legislative body to the registered voters of an election called for the purpose for their ratification or re'ection. %ecall& it is a method by which a public officer may be removed from office during his tenure or before the e piration of his term by a vote of the people after registration of a petition singed by a required percentage of the qualified voters. Since the right of suffrage is a political and not a natural right, it is within the power of the state prescribe the manner in which such right shall be e ercised. #ongress is mandated by the #onstitution (Sec.), "rt. *+: ,o provide a system for securing the secrecy and sanctity of the ballot, and for absentee voting by qualified -ilipinos abroad, and ,o design a procedure for the disabled and the illiterate to vote without the assistance of other persons.
THE COMMISSION ON ELECTIONS #omposition, .ualifications, "ppointment, ,erm of /ffice ,he #/0E1E# is composed of a chairman and si (2+ #ommission, ,he #hairman and the 0embers of the #ommission shall be: 3 natural &born citizens of the !hilippines 3 at least thirty&five years of age 3 holders of a college degree 3 must not have been candidates for any elective position in the immediately preceding election 3 ma'ority thereof, including the #hairman shall be members of the !hilippines 4ar who have been engaged in the practice of law for at least 56 years (reason: #/0E1E# e ercises quasi&'udicial powers+ ,he #hairman and 0embers are appointed by the president with the consent of the commission on "ppointment for the term seven (7+ years without reappointment on a staggered basis to ma$e the #/0E1E# a continuing and self&perpetuating body. #onsequently, its members would have the benefit of the e perience and e pertise of the order members of the performance of its functions, and ma$es for greater responsibility for its policies and decisions and serve as guarantee against arbitrary action which is li$ely to occur in a body handling partisans questions. " member appointment and designations in temporary or acting capacity are not allowed to preserve its independence. 8isabilities, inhibitions9disqualifications 5. Shall not, during tenure, hold any other office or employment
). Shall not engage in the practice of profession
,he #/0E1E# may appoint their own officials and employees in accordance with #ivil Service 1aws. En 4anc @ 8ivision #ases SE# :, "%, IA&# >,he #/0E1E# may sit en banc or in two divisions, and shall promulgate its rules of procedure in order to e pedite disposition of election cases, including pre&proclamation controversies. "ll such election cases shall be heard and decided in division, provided that motions for reconsideration of decision shall be decided by #/0E1E# en banc? ,he Supreme #ourt set aside the resolutionsBdecisions of the #/0E1E# because dthe #/0E1E# en banc to$$ original cognizance of the cases without referring them first to the appropriate 8ivision (Sarmiento vs. #/0E1E# )5) S#%" :67= Carate vs #/0E1E#, :5D S#%" 26D+ Interlocutory orders issued by a division of the #/0E1E# cannot be elevated to the #/0E1E# en banc. (Eho vs. #/0E1E#, )7F S#%" ;2:+ ,he following cases must be decided in 8ivision before they may be heard en bnc on motion for reconsideration: 3 !etition to cancel a certificate of candidacy. (<arvida vs. Sales, )75 S#%" 72;+ 3 #ases appealed from the %,# or 0,# (Carate vs. #/0E1E#,:5D S#%" 26D+ 3 !etition for certiorari involving incidental issues of election protest.(Soller vs. #/0E1E#,::F S#%" 2DG+
:. Shall not engage in active management or control of any business which in any ay may be affected by the functions of his office ;. Shall not be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the <overnment, any of its subdivisions, agencies or instrumentalities, including </## s or their subsidiaries. Safeguards to insure the independence of the #/0E1E# It is constitutionally created= may not be abolished by statute It is e pressly described as >independent? It is conferred with certain powers and functions which cannot be reduced by statute. ,he chairman and members cannot be removed e cept by impeachment. ,he chairman and members are given fairly long term of office of seven years.
,he chairman and members may not be reappointed or appointed in an acting capacity. ,he salaries of the chairman and members are relatively high and may not be decreased during continuance in office. ,he #/0E1E# en'oy fiscal autonomy. ,he #/0E1E# may promulgate its own procedural rules, provided they do not diminish, increase or modify substantive rights (though sub'ect to disapproval by the Supreme #ourt+ ,he #hairman and 0embers are sub'ect to certain disqualifications calculated to strengthen their integrity.
,he #/0E1E# en banc, however, may directly assume 'urisdiction over petitions for correction of manifest errors in the tabulation or tallying of results (Ststement of votes+ by the 4oard of #anvassers, notwithstanding that the same is a pre&proclamation comtroversy. Section G, %ule )7 of the 5FF: %ules of the #/0E1E# e pressly provides that pre&proclamation controversies involving correction of manifest errors in the tabulation of results may be filed directly with the #/0E1E1E# cen banc. (,orres vs. #/0E1E#,)76 S#%" GD:= %amirez vs. #/0E1E#,)76 S#%" GF6+
,he #/0E1E# en banc determines the e istence of probable cause. (-aelnar vs. #/0E1E#,::5 S#%" ;)F+
,he #/0E1E# en banc may promulgate its own rules concerning pleadinga and practice before it or before any of its offices. Such rules, however, shall not diminish,increase or modify substantive rights. ,he %ules of #ourt applies suppletorily to proceedings before the #/0E1E#. (!aangarungan vs. #//0E1E#,)52 S#%" G))+ #/HS,I,I,I/H"1 !/JE%S "H8 -IH#,I/HS
8E#ISI/HS "%, IA&", Section 7 >Each commission(#/0E1E#+ shall decide by a ma'ority vote of all its 0embers any case or matter brought before it within si ty days from date of its submission for decision or resolution. " case or matter is deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the rules of the #ommission or by the #ommission itself. Inless otherwise provided by the #ommission or by law= any decision, order, or ruling of each #ommission may be brought to the Supreme #ourt on certiorari by the aggrieved party within :6 days from receipt of a copy thereof.? ,he #/0E1E# shall decide by a ma'ority vote of all its members in any case or matter brought before it within 26 days from date of its submission for decision or resolution. ,wo members shall constitute a quorum for the transaction of the official business of the 8ivision. " case being heard by it shaa be decided with the unanimous concurrence ofc all three #ommissioners and its decision shall be considered a decision of the commission. If this required number is not obtained, as when there is a dissenting opinion, the case may be appealed to the #ommission en banc, in which case the vote of the ma'ority shall be the decision of the #ommisssion. ,he court holds that )&5 decision rendered by the -irst 8ivision was a valid decision under "%, IA&" ,Section 7 of the #onstitution. -urthermore, the three members who voted to affirm the -irst 8ivision constituted a ma'ority of the five members who deliberated and voted thereon en banc and their decision is also valid under the aforecited constitutional provisions. (#ua vs. #/0E1E#, 5G2 S#%" GD7+ /ne who is no longer a member of the #/0E1E# at the time the final decision or resolution is promulgated cannot validly ta$e part in that resolution or decision,much more could he be the ponente of the resolution or decision.("mbil vs. #/0E1E#, :;; S#%" :GD+ %I1ES /- !%/#E8I%E
3 Enforce and administer laws relative to conduct of elections ,he regular courts have no 'urisdiction to entertain a petition to en'oin the construction of public wor$s pro'ects within ;G days before an election. (<allardo vs. ,abamo,)5D S#%" )G:+ 3 8ecide election contests involving regional, provincial and city officials E1E#,I/H #/H,ES, refers to the adversary proceedings before which matters involving the title or claim to an elective office made before or after proclamation of the winner,is settled whether or not the contestant is claiming the office in dispute. It is neither a civil$ action nor crimianal proceeding=it is a summary proceeding of a political character. Its purpose is to ascertain the candidate lawfully elected to office.(Kavier vs. #/0E1E#,5;; S#%" 5F;+ ,he #/0E1E# has e clusive appellate 'urisdiction over,inter alia, contest involving elective barangay officials decided by trial courts of limited 'urisdiction.(4eso vs. abolla,:)7 S#%" 566+ ,he provision of %" 227F granting appellate 'urisdiction to the %,# over decisions of 0,#s in electoral cases involving elective barangay officials is unconstitutional. (-lores vs. #/0E1E#,5D; S#%" ;D;+ ,he #/0E1E# is the proper appellate court clothed with 'urisdiction to hear the appeal, which must first be filed wiyhin G days after the promulgation of the 0,#s decision("ntonio vs. #/0E1E#,:5G S#%" 2)+ ,he election of SE are goverened by the /mnibus Election #ode. "ny contest relating to the election of the SE (including the chairman whether pertaining to their eligibility or the manner of their election is cognizable by 0,#s,0,##s, and 0e,#s. It is the proclamation which mar$s off the
'urisdiction of the courts from the 'urisdiction of election officials. (0arquez vs. #/0E1E#, :5: S#%" 56:+ ,he #/0E1E# has appellate 'urisdiction over election protest cases involving elective municipal officials decided by courts of general 'urisdiction. (#arlos vs. "ngeles,:;2 S#%" 275+ 3 8ecide all questions affecting elections ,he #/0E1E# has no 'urisdiction over questions involving the right to vote which includes qualifications and disqualifications of voters, the right of a person to be registered as voter, the right to cast his vote, and other allied questions. Such questions shall be decided by the courts.( Haciionalista !arty vs. #/0E1E#, D; !hil ;F+ Election contests involving elections of SE officials do not fall within section )G) of the /E# and paragraph ),section "%,.IA&# of the #onstitution and no law in effect prioir tom the ratification of the constitution has made the SE #hairman an elective barangay official. SE elections are under the direct control and supervision of the 8I1<. ("hman vs. 0irasol,)72 S#%" G65+ 8ecisionsBdeterminations made by the #/0E1E# in the e ercise of this power, being merely administrative(not quasi 'udicial+ in character, may be questioned in an ordinary civil action before the trial courts.(-ilipinas Engineering vs. -errer,5:G S#%" )G+ 3 8eputize law enforcement agencies with the concurrence of the !resident 3 %egister political parties and accredit its citizens arms 3 -ile petitions, investigate and prosecute 3 %ecommend measures to improve election laws 3 %ecommend the imposition of disciplinary action upon an employee it has deputized for violation of its order. Since the #/0E1E# can recommend that disciplinary action be ta$en against an officer it had deputized, idt can investigate an administrative charge against such an officer to determine whether or not it should recommend that disciplinary action can be ta$en against him (,an vs. #/0E1E#,):7 S#%" :G:+
3 %egulation of public entities and media& Section ;, IA&# >,he #ommission may, during the election period, supervise or regulate the en'oyment or utilization of all franchises or permits for the operation of transportation and other public utilities, media of communication or information, all grants special privileges, or concessions granted by the <overnment or any subdivision, agency or instrumentality thereof, including any government&owned or controlled corporation or its subsidiary. Such supervision or regulation shall aim to ensure equal opportunity, time, and space and the right to reply, including reasonable equal rates therefor, for public information campaigns and forums among candidates in connection with the ob'ective of holding free, orderly, honest, peaceful, and credible elections. ,he authority given to the #/0E1E# is to be e ercised ofr the purpose of ensuring free, orderly, honest, peaceful and credible elections and only during the election period. Hote that </##s are among those that may be supervised and regulated by the #/0E1E#. ,he S# upheld the validity of Section 55(b+, %" 22;2, prohibiting the sale odr donation of print space or airtime for political advertisements, and the authority of the #/0E1E# to procure print space (upon payment of 'ust compensation+ and free airtime for allocation to candidates. (,elecommunication and 4roadcast "ttorneys of the !hilippines vs. #/0E1E#,)DF S#%" ::+ "n e it poll is a species of electoral survey conducted by qualified individuals or groups of individuals for the purpose of determining the probable result of an election by confidentially as$ing randomly selected voters whom they have voted for, immediately after they have officially cast their ballot.("4S& #4H 4roadcasting corporation vs. #/0E1E#,:): S#%" D55+ "n absolute prohibition would be unreasonably restrictive,because it effectively prevents the use of e it poll data not only for election&day pro'ections,but also for long term research. ,he #/0E1E# concern with the possible non communicative effect of e it polls&disorder and confusion in the voting centers& does not 'ustify a total ban on them. ,he holding of e it polls and the dissemination of their results through mass media constitute an essential part of freedom of speech and of the press. ,he reason behind the
principle of ballot secrecy is to avoid vote buying through voter identification ("4S&#4H 4roadcasting #orporation vs. #/0E1E#+ ,he S# held that SE# G.; of the -air Election "ct prohibiting publication of survey results 5G days immediately preceding a national election and 7 days before a local election violates the constitutional rights of speech,e pression,and the press because: a. It imposes prior restraint on the freedom of e pression= b. It is a direct and total suppression of the category of e pression even though such suppression is only for a limited period= and c. ,he governmental interest sought to be promoted can be achieved by means other than the suppression of freedom of e pression. (Social Jeather Station vs. #omelec, <% Ho. 5;7G75, 0ay G,)665+ 3 0a$e minor ad'ustments of the apportionment of legislative districts. ,his refers mainly to the power to correct an error because of the omission of a municipality or an error in the name of a municipality and does not include the power to ma$e a reappointment of legislative districts. (0onte'o vs. #/0E1E#,);) S#%" ;5G+ 3 "d'ust the apportionment in a case of creation of new provinces or cities. ,he #/0E1E# is merely authorized to ad'ust the number of congressmen apportioned to an old province if a new province is created out of it and does not authorize the #/0E1E# to transfer municipalities from one legislative district to another. (0onte'o,supra+ 3 !ardon violators of election laws. 3 !romulgate rules of procedure concerning pleadings and practice before it or any of its offices. 3 Submit report on how a previous elections was conducted. S,",I,/%L !/JE%S 5. !ower to declare failure of election and call for special election.
,he #/0E1E# has the authority to issue e traordinary writs of certiorari, prohibition and mandamus in aid of its e clusive appellate 'urisdiction. 4oth the S# and the #/0E1E# have concurrent 'urisdiction to issue writs of certiorari, prohibition, and mandamus over decisions of trial courts of general 'urisdiction in election cases involving elective municipal officials. ,he court ta$es 'urisdiction first shall e ercise e clusive 'urisdiction over the case. (#arlos vs. "ngeles, :;2 S#%" G75+ ;. Summons parties to a controversy pending before it G. Enforce and e ecute its decisions and orders 2. !unish contempts provided for in the %ules of #ourts. ,he #/0E1E# has the power to cite for contempt, but this power may be e ercised only while the #/0E1E# is engaged in the performance of quasi& 'udicial functions and not administrative functions.(<uevarra vs. #/0E1E#, 56; !MI1 )2F and 0asangcay vs. #/0E1E#, 2 S#%" )76+ 7. !romulgate rules and regulations implementing the Election #ode D. E ercise direct and immediate supervision and control over officials required to perform duties relative to the conduct of election. F. !rescribe forms to be used in the election 56. !rocure any supplies, equ'ipment, materials or services needed for the holding of election 55. !rescribe the use or adoption of the latest technological and electronic devices 5). #arry out continuing and systematic campaign to educate the public about elections 5:. -i other reasonable periods for certain pre&election requirements.
). E clusive original 'urisdiction over all pre&proclamation controversies. 5;. Enlist non&partisan groups to assist. :. Issue writs of certiorari, prohibition
KI8I#I"1 %E*IEJ /- 8E#ISI/HS "ny decision, order or ruling of the #/0E1E# en banc may be brought to the S# on certiorari by the aggrieved party within :6m days from receipt of the copy thereof. Jhen the Supreme #ourt reviews a decision of the #/0E1E#, the court e ercises e traordinary 'urisdiction, thus the proceeding is limited to issues involving grave abuse of discretion resulting in lac$ or e cess of 'urisdiction and does not ordinarily empower the court to review the factual findings of the #/0E1E#. ("ratuc vs. #/0E1E#,DD S#%" )G5+ ,he mode by which a decision, order or ruling en banc may be elevated to the S# is the civil action of certiorari under %ule 2G of the 5F2; %evised %ules of #ourt, now e pressly provided in %ule 2;, 5FF7 %ules of #ivil !rocedure, as amended. ("mbil vs. #/0E1E#,:;; S#%":GD+ " special civil action for certiorari is the proper remedy to question any final order, ruling and decision of the #/0E1E# rendered in the e ercise of its ad'udicatory or quasi&'udicial powers.(<uerero vs. #/0E1E#,::2 S#%" ;GD+ Jhat is contemplated by the term >final orders, rulings and decisions? of the #/0E1E# reviewable by certiorari by the Suprerme #ourt as provided by law are those rendered in actions or proceedings before the #/0E1E# and ta$en cognizance of by the said body in the e ercise of its ad'udicatory (or quasi&'udicial+ powers. (Salva vs. 0a$alintal, :;6 S%" G62+ #/0E1E# %esolution Ho. )FD7 which provides for the rules and regulations governing the conduct of plebiscite, is not issued pursuant to the #/0E1E#Ns quasi&'udicial functions but merely as an incident of its inherent administrative functions over the conduct of plebiscites, and any question pertaining to the validity of said resolution may be well ta$en in an ordinary civil action before the trial courts.(Salva ,supra+ ,he alleged nature or the #/0E1E# to implement its resolution ordering the deletion of a candidateNs name in the list of qualified candidates does not call for the e ercise of the S#Ns function of 'udicial review as it is undoubtedly administrative in nature, beyond 'udicial interference.(#havez vs. #/0E1E#, )55 S#%" :5G+ " resolution of the #/0E1E# awarding a contract for the supply of voting booths to a private party, as a result of its choice among various proposals submitted in response to its invitation to bid, is not reviewable by certiorari as it is not order rendered in the legal controversy before it but merely as incident to its inherent administration functions over the conduct of elections. "ny question arising from said order may be ta$en in an ordinary civil action. (-ilipinas Engineering vs. #/0E1E#, :;; S#%" :GD+
,he Supreme #ourt has no power to review via certiorari, an interlocutory order or even a final resolution of a 8ivision of the #/0E1E#. ("mbil vs. #/0E1E#, );; S#%" :GD+ " decision, order or resolution of a division of the #/0E1E# must be reviewed by the #/0E1E# en banc decision may be brought to the supreme #ourt on certiorari. ("mbil vs. #/0E1, :GD+
*/,E%S: .I"1I-I#",I/H "H8 %E<IS,%",I/H .ualification for Suffrage -ilipino citizenship& it may be by birth or naturalization. "ge& a person may be registered as a voter although he is less than 5D years at the time of registration if he will be at least 5D on the day of election. %esidence& at least 5 year in the !hilippines, and at least 2 months where he proposes to vote immediately preceding the election. "ny person who, on the days of registration may not have been reached the required period of residence but who, on the day of election shall possess such qualification, may register as voter. Ho literacy, property or other substantive requirement shall be imposed on the e ercise of suffrage. "ny person who temporarily resides in another city municipality or country solely by reason of occupation, profession, employment in public or private service, educational activities, wor$ in the military or naval reservations within the !hilippines, service in the "-!, !H! or confinement or detention in government institutions, shall not deemed to have lost his original residence. (Sec. F, %" D5DF+ In election cases, the Supreme #ourt treats domicile and residence and residence as synonymous terms. In order to acquire a new domicile by choice, there must concur (5+ residence or bodily presence in the new locality=()+ an intention to remain there= and (:+ an intention to abandon the old domicile. ,he residence at the place chosen for the new domicile must be actual. (%omualdez vs. %,#,))2 S#%" ;62+
to be e ercised within the proper bounds frames and framewor$ of the #onstitution and must properly yield to pertinent laws s$illfully enacted by the 1egislatureO? 8isqualifications 5. "ny person sentenced by the final 'udgment to suffer imprisonment for not less than one year. ). "ny person ad'udged by the final 'udgment of having committed Inclusion and E clution #ases (a+ any crime involving disloyalty to the government or (b+ any crime against national security (c+ firearms laws. :. Insane or incompetent persons as declared by competent authority. %emoval of disqualification for conviction 3 !lenary pardon 3 "mnesty 3 1apse of Gyaers after service of sentence (Sec.555, %" D5DF+ System of #ontinuing %egistration ,he personal filing o application of registration of voters shall be conducted daily in the office of the Election /ffice during regular office hours. Ho registration shall, however, be conducted during the period starting 5)6 days before a regular election and F6 days before a special election. (Sec. D, %" D5DF+ ,he Supreme #ourt upheld the validity of the #/0E1E# resolution denying the petition of certain youth sectors to conduct a special registration: >!etitioners were not denied the opportunity to avail of the continuing registration under %" D5DF..the law aids the vigilant and not those who slumber on their rightsO >In a representative democracy the right of suffrage, although afforded a prime niche in the hierarchy of right embodied in the fundamental law., ought 5. Kurisdiction i. 0unicipal or 0etropolitan ,rial #ourt original and e clusive Kurisdiction9 ii. %egional ,rial #ourt appellate 'urisdiction (G days+ (Sec. ::, %" D5DF+ iii. Supreme #ourt appellate 'urisdiction over %,# on question of law (5G days+ PSec. G()+(e+, "rt. *III, !#= Sec. ), %ule ;G of the %ules of #ourt.Q ). !etitioners a. Inclusion !rivate person whose application was disapprove by the Election %egistration 4oard or whose name was stric$en out from the list of waters (Sec. :;, %" D5DF+ #/0E1E# PSec. )(2+, "rt. IA&#, !#Q >,he right of suffrage ardently invo$ed by herein petitioners is not at all absoluteOthe e ercise of suffrage, as the en'oyment of all other rights sub'ect to e isting substantive and procedural requirement embodied in our #onstitution, statute boo$s and other repositories of law.? ("E4"L"H Louth et al. vs. #/0E1E# <% Ho. 5;7622, 0arch )2, )665+
b. E clusion i. "ny registered voter in city or municipality ii. %epresentative of political party iii. Election /fficer (Sec. :F, %" D5DF+ iv. #/0E1E# PSec. )(2+, "rt. IA #, !#Q :. !eriod for -iling a. Inclusion "ny day e cept 56G days before regular election or 7G days before a special election. (Sec. );, %" D5DF+
b. E clusion "ny time e cept 566 days before a regular election or 2G days before special election. (Sec. :G %" D5DF+ ;. !rocedure a. !etition for e clusion shall be sworn (Sec. :G , %" D5DF+ b. Each petition shall refer only to only one precinct. (Sec. :G, %" D5DF+ c. Hotice i. !arties to be notified G. Inclusion Election %egistration 4oard i. ii E clusion 2. Election %egistration 4oard 7. #hallenged voters PSec. :)(b+, %" D5DFQ D. 0anner Hotice stating the place day and hour of hearing shall be served through any of the following means: 3 %egistered mail 3 !ersonal delivery 3 1eaving copy in possession of sufficient discretion in residence. 3 !osting in city hall or municipal hall and two other conspicuous places in the city or municipality at least 56 days before the hearing (Sec. :)(b+, %" D5DF+ "ny voter, candidate or political party affected may intervene. (Sec. :)c, %" D5DF+ Hon&appearance is prima facie evidence the registered voter is fictitious (Sec. :) (f+, %" D5DF+ 8ecision cannot be rendered on stipulation of facts (Sec. :) (f+, %" D5DF+
). Ho list of voters shall be annulled within 26 days before an election (See. ::, %" D5DF+ ,he annulment of the list of voters shall not constitute a ground for a pre& proclamation controversy. (Itutalum vs. #/0E1E#, 5D5 S#%" ::G+ Jhen an assailed order had been issued pursuant to #/0E1E#Ns administrative powers in the absence of any finding of grave abuse of discretion in declaring a precinct as non e istent, said order shall stand, 'udicial interference being unnecessary and uncalled forO ,he sacred right of suffrage guaranteed by the #onstitution is not tampered when a list of fictitious voters is e cluded from an electoral e ercise. (Sarangani vs. #/0E1E#, ::; S#%" :7F+ Election precinct is the basic unit of territory established by the #/0E1E# for the purpose of voting. " polling place refers to the building or place where the board of election inspectors conduct proceedings and where the voters cast their votes. *oting center refers to the building or place where the polling place is located. 1ist of voters refers to an enumeration of names of registered voters in a precinct duly certified by the Election %egistration 4oard for use in the election. 4oo$ of voters refers to the compilation of all registration records in a precinct. Signature of #hairman at bac$ of every ballot
Ho motion for reconsideration is allowed, (Sec. ::, %" D5DF+ "nnulment of 1ist of *oters 5. Ipon verified complaint of any voter, election officer or registered political party or motu propio, the #/0E1E# may annul a list of votes which was not prepared in accordance with %" D5DF or whose preparation was affected with fraud, bribery, forgery, impersonation, intimidation, force or other similar irregularity or statistically improbable. In every case before delivering an official ballot to the voter, the #hairman of the 4EI shall, in the presence of the voter, affi his signature at the bac$ thereof. -ailure to so authenticate shall be noted in the minutes of the 4EI and shall constitute an election offense punishable under Sections )2: and )2; of the /E#. I*. !/1I,I#"1 !"%,IES "H8 !"%,L 1IS, SLS,E0
!olitical party or party when used in the /E# means an organized group of persons pursuing the same ideology, political ideas or platforms of government and includes its branches or divisions. " political party may refer to a local regional or national party e isting and duly registered and accredited by the #/0E1E#. ,o acquire 'uridical personality, qualify for accreditation, and to be entitled to the rights of political parties, a political party must be registered with the #/0E1E#. ,he following political parties cannot be registered. 5. %eligious sects ). ,hose which see$s to achieve their goals through unlawful means :. ,hose which refuse to adhere to the #onstitution ;. ,hose that are supported by any foreign government <%/IH8S -/% #"H#E11",I/H /- %E<IS,%",I/H 5. "ccepting financial contributions from foreign governments or their agencies (for partisan election purposes.+ (Sec.)(G+, "rt IA #, !#+ ). It is a religious sect or denomination, organization or association organized for religious purposes. :. It advocates violence or unlawful means to see$ its goal ;. It is a foreign party or organization G. It violates or fails to comply with laws, rules and regulations relating to elections 2. It declares untruthful statements in its petition 7. It has ceased to e ist for at least one year , and D. -ails to participate in the last two preceding elections, or fails to obtain at least )R of the votes cast under the party list system in the two preceding elections for the constituency in which it was registered. 3 " party which fails to obtain at least 56R of the votes cast in the constituency in which it nominated candidates in the election ne t following its registration shall forfeit its registration. !arty System. " free and open party system shall be allowed to evolve according to the free choice of the people. PSec )(G+ "rt. IA #, !#Q ,he !arty1ist System, is a mechanism of proportional representation in the election of representatives to the Mouse of %epresentatives, from national, regional and sectoral parties, organizations and coalitions thereof registered with the #/0E1E#. ,he !artylist system was devised to replace the
reserve seat system the very essence of the party list system is representation by election. (*eterans -ederation !arty vs. #/0E1E#, :;) S#%" );;+ <II8E1IHES -/% S#%EEHIH< !"%,L 1IS, !"%,I#I!"H,S 5. ,he political party, sector, organization must represent the marginalized and underrepresented groups identified in Sec. G of %" 7F;5. ma'ority of its membership should belong to the marginalized and underrepresented= !roportional representation refers to the representation of the marginalized and underrepresented as e emplified by the enumeration in SecB G of the law, namely= labor peasant, fisherfol$, urban poor, indigenous cultural communities, elderly, handicapped, women youth, veterans, overseas wor$ers and professionals. ,he party list organization or party must factually and truly represent the marginalized and underrepresented constituencies mentioned in Sec. G .("ng 4agong 4ayani /-J 1abor !arty, et al vs. #/0E1E# et al <% Ho. 5;7GDF. Kune )2, )665+ ). Jhile even ma'or political parties are e pressly allowed by %" 7F;5 and the #onstitution, they must comply with the declared statutory policy of >-ilipino citizens belonging to marginalized and underrepresented sectors to be elected to the Mouse of %epresentatives. >,hus, they must show that they represent the interest of the marginalized and underrepresented= !olitical parties, even the ma'or ones, may participate in the party list elections, e cept for purposes of 0ay 55, 5FFD elections. ,he requisite character of these organizations must be consistent with the purpose of the party list system, as laid down in the #onstitution and %" 7F;5 . . . Inder the #onstitution and %" 7F;5, provide respondents cannot be disqualified from the party list elections, merely on the ground that they are political parties. Sec. G "rt. *I of the #onstitution provides that members of the Mouse of %epresentatives may be elected through a party list system of registered national, regional and sectoral parties or organizations. -urthermore, under Secs. 7 and D, "rt IA # of the #onstitution, political parties may be registered under the party list system. ("ng 4agong 4ayani /-J 1abor !arty, et al vs. #/0E1E#, et al. <% Ho. 5;7GDF, Kune )2, )665+
:. ,hat religious sector may not be represented in the party list system, e cept that priest, imam or pastors may be elected should they represent not heir religious sect but the indigenous community sector. ;. " party or an organization must not be disqualified under Sec. 2, %" 7F;5= G. ,he party organized must not be ad'unct of, or a pro'ect organized or an entity funded or assisted by, the government= 2. ,he party, including its nominees must comply with the qualification requirements of Sec. F, %" 7F;5 as follows: Ho person shall be nominated as party list representative unless he is: a. natural born citizen of the !hilippines b. a registered voter, c. a resident of the !hilippines for a period not of no less than one year immediately preceding the day of the election= d. able to read and write= e. a bonafide member of the party or organization which he see$s to represent for at least F6 days preceding the day of the election= and f. "t least )G years of age on the day of the election. In case of a nominee of the youth sector, at least be )G but not more than :6 years of age on the day of the election. "ny youth sectoral representative who attains the age of :6 during his term shall be allowed to continue in office until the e piration of his term. 7. Hot only the candidate party or organization must represent marginalized and underrepresented sectors, so also must its nominees= D. Jhile lac$ing a well defined political constituency, the nominee must li$ewise be able to contribute to the formation and enactment of appropriate legislation that will benefit the nation as a whole. ,he parameters of the -ilipino !arty 1ist System are: (5+ the twenty percent allocation, ()+ the two percent threshold= (:+ the three seat limit= and (;+ proportional representation. 3 ,he #onstitution ma$es the number of district representatives the determinant in arriving at the number of seats allocated for party list
lawma$ers, a formulation which means that any increase in the number of district representatives, an as may be provided by law, will necessarily result in a corresponding increase in the number of party list seats . . . .. 3 Sections G ()+, "rt. *I of the #onstitution is not mandatory, it merely provides a ceiling for party list seats in #ongress . . /btaining absolute proportional representation is restricted by the three&seat&per&party limit to a ma imum of two additional slots . . 3 Inder the Hiemeyer formula, the number of additional seats to which a qualified party would be entitled is determined by multiplying the remaining number of seats to be allocated by the total number of votes obtained by that party and dividing the product by the total number of votes garnered by all the qualified parties. ,he Hiemeyer formula, while no doubt suitable for <ermany, finds no application in the !hilippine setting because of our three seat limit and the non mandatory character of the twenty percent allocation. ("ng 4agong 4ayani /-J 1abor !arty, et al vs. #/0E1E#, et al. <% Ho.5;7GDF, Kune )2, )665+ *. #"H8I8",ES "H8 #E%,I-I#",ES /- #"H8I8"#L .I"1I-I#",I/HS /- #"H8I8",ES ". Hational "rts. *I and *II, !# 5. !resident and *ice !resident ). Senators :. #ongressmen 8istrict and !arty1ist %epresentatives 4. 1ocal Sec.:F, 1ocal <overnment #ode .ualifications prescribed by law are continuing requirements and must be possessed for the duration of the officerNs active tenure. /nce any of the required qualifications is lost, his title to the office may be seasonably challenged. (-rivaldo vs. #/0E1E#, 57; S#%" );G and 1abor vs. #/0E1E#, 572 S#%" 5+ %esidence
In 0arcos vs. #/0E1E#, );D S#%" :66, the Supreme #ourt upheld the qualification of I%0arcos despite her own declarations in her certificate of candidacy that she had resided in the district for only seven months because of the following: 5. " minor follows the domicile of his parents= ,acloban became I%0s domicile of origin by operation of law when her father brought the family to 1eyte= ). 8omicile of origin is lost only when there is actual removal or change of domicile, a bonafide intention of abandoning the former residence and establishing a new one, and acts which correspond with the purpose= in the absence of clear and positive proof of the concurrence of all these, these domicile of origin should continue= :. ,he wife does not automatically gain the husbandNs domicile because the term >residence? in #ivil 1aw does not mean the same thing in !olitical 1aw, when I%0 married 0arcos in 5FG;, she $ept her domicile or origin and merely gained a new home, not a domicilium necessarium= ;. Even assuming that she gained a new domicile after her marriage and acquired the right to choose a new one only after her husband died, her acts following her return to the country clearly indicate that she chose ,acloban, her domicile of origin, as her domicile of choice. 3 In "quino vs. #/0E1E#, );D S#%" ;66, the Supreme #ourt held that "gapito "quino failed to prove that he had established not 'ust residence but domicile of choice in 0a$ati. In his certificate of candidacy, he indicated that he was a resident of San Kose #oncepcion, ,arlac for G) years, he was a registered voter of the same district, his birth of certificate places #onception, ,arlac as birthplace. ,hus, his domicile of origin was #onception, ,arlac, and his bare assertion of transfer of domicile from tarlac to 0a$ati is hardly supported by the facts of the case. 3 Jhen the #onstitution spea$s of residence the word should be understood, consistent with Jebster, to mean actual, physical and personal presence in the district that a candidate see$s to represent 3 ,he original concept of domicile, which arose from "merican 'urisprudence was not intended to govern political rights, it was designed to resolve the conflict of laws between or among state where a decedent may have lived for various reasons, for the purpose of determining which law was applicable as regards his estate . . .
"pplying the concept of domicile in determining residence as a qualification for an elective office would negate the ob'ective behind the residence requirement set forth under the law . . . (8omino vs. #/0E1E# :56 S#%" G;2+ ,he place where the party actually or constructively has his permanent home, where he, no matter where he may found at any given time, eventually intends to return and remain, i.e., his domicile, is that to which the #onstitution refers when it spea$s of residence for the purposes of election law . . . ,he registration of a voter in a place other than his residence of origin is not sufficient to consider him to have abandoned or lost his residence. (!erez vs. #/0E1E#, :57 S#%" 2;5+ ,he rationale of requiring candidates to have a minimum period of residence in the area in which they see$ to be elected is to prevent the possibility of a stranger or newcomer unacquainted with the conditions and needs of a community and not identified with the latter from see$ing an elective office to serve that community . . . ,he classification of an area as a highly urbanized or independent component city, for that matter, does not completely isolate its residents, politics, commerce and other businesses from the entire province, and vice versa, especially when the city is located at the very heart of the province itself . . ,he residence requirement is rooted in the desire that officials of districts or localities are acquainted not only with the metes and bounds of their constituencies but, more important, with the constituents themselves, and a very legalistic, academic and technical approach to the resident requirement does not satisfy this simple, practical and common sense national for the residence requirement. (,orayna vs. #/0E1E# ::7 S#%" G7;+
!hilippine citizenship ,he lost citizenship may be reacquired under Sec. 5 of %" )2:6, which provides that any person who had lost his !hilippine citizenship by rendering service to, or accepting commission in, the "rmed -orces of the Inited States, or after separation from the "rmed -orces of the Inited States,
acquired Inited States citizenship by ta$ing an oath to the %epublic of the !hilippines and registering the same with 1ocal #ivil %egistry in the place where he resides or last reside in the !hilippines. ,he said oath of allegiance shall contain a renunciation of any other citizenship. (4engson III vs. M%E,, et al. <% Ho. 5;)D;6, 0ay 7, )665+ %epatriation results in the recovery of the original nationality. ,his means that a naturalized -ilipino who lost his citizenship will be restored to his prior status as a naturalized -ilipino citizen. /n the other hand, if he was originally a natural&born citizen before he lost his !hilippine citizenship, he will be restored to his former status as a natural born -ilipino. (4engson, supra+ 8isqualifications <rounds Inder the /mnibus Election #ode ". "ny person declared by competent authority insane or Incompetent 4. "ny person sentenced by final 'udgment for any of the -ollowing offenses: 5. Insurrection or rebellion ). /ffense for which he was sentenced to penalty of 0ore than 5D months :. #rime involving morale turpitude (Sec. 5), 4! DD5+ #. " permanent resident to or immigrant to foreign country Inless he waives such status (Sec. 2D, 4! DD5+ 8. %emoval= Insanity or incompetence declaration of removal by competent authority E. #onviction= unless granted plenary pardon, amnesty= or 1apse of G years after service of sentence (Sec. 5), 4! DD5+ <rounds under the 1ocal <overnment #ode Sec. ;6 ". ,hose sentenced by final 'udgment for an offense involving moral turpitude or an offense punishable by imprisonment for at least one year, within two years after service of sentence.
4. ,hose removed from office as a result of an administrative case. "n elective local official who was removed from office prior to Kanuary 5, 5FF) is not disqualified from running for elective local office (<rego vs. #/0E1E#, )7; S#%" ;D5+ #. ,hose convicted by final 'udgment for violating his oath of allegiance to the %epublic. 8. ,hose with dual citizenship&&,he phrase >dual citizenship? in %" 7526, Sec. ;6 (d+ and %" 7DG;, Sec. )6 must be understood as referring to >dual allegiance.? #onsequently, persons with mere dual citizenship do not fall under this disqualification. -or candidates with dual citizenship, it should suffice if, upon the filing of their certificates of candidacy, they elect !hilippine citizenship to terminate their status as persons with dual citizenship considering that their condition is the unavoidable consequence of conflicting laws of different states. (0ercado vs. 0anzano, :67 S#%" 2:6+ E. -ugitives from 'ustice in criminal or non political cases. -. ,he term includes not only those who flee after conviction to avoid punishment, but li$ewise who, after being changed, flee to avoid prosecution. (0arquez vs. #/0E1E#, );: S#%" G:D+ <. !ermanent residents in foreign country or those who have the right to reside abroad and continue to avail of it. (#aasi vs. #", 5F5 S#%" ))F+ M. ,he insane or feeble minded. ,hree consecutive terms limit ,he term limit for elective local officials must be ta$en to refer to the right to be elected as well as the right to serve in the same elective position. #onsequently, it is not enough that an individual has served three consecutive in an elective local office, he must also have been elected to the same position for the same number of times before the disqualification can apply: (4or'a vs. #/0E1E#, <% Ho. 5::;FG, September :, 5FFD+ #onditions for the application of the disqualification: (5+ the official concerned has been elected for three consecutive terms in the same local government post and ()+ that he has fully served three consecutive terms . . .
" proclamation subsequently declared void is no proclamation at all and while a proclaimed candidate may assume office on the strength of the proclamation of the 4oard of #anvassers he is only a presumptive winner who assumes office sub'ect to the final outcome of the election protest . . *oluntary renunciation of a term of office does not cancel the renounced term in the computation of the three term limit= conversely involuntary severance from the office for any length of time short of the full term provided by law amounts to an interruption of continuity of service. (1onzanida vs. #/0E1E#, :55 S"#%" 26)+ 5. Inder the %evised "dministrative #ode 0unicipal /ffice 3 Ecclesiastics (!amil vs. ,eleron, G2 S#%" ;5:+ 3 !ersons receiving compensation from provincial or municipal funds 3 #ontractors for public wor$s of the municipality ). Inder the 1one candidate 1aw %" D)FG "ny elective official who has resigned from his office by accepting an appointive office to become vacant due to his resignation= and "ny person who, directly or indirectly coerces, bribes, threatens, harasses, intimidates or actually causes, inflicts or produces any violence, in'ury, punishment, torture, damage, loss or disadvantages to any person or persons aspiring to become a candidate or that of the immediate member of his family, his honor or property that is meant to eliminate all other potential candidates. #ertificates of #andidacy Ho person shall be eligible for any elective public unless he files a sworn certificate of candidacy within the period fi ed by the /mnibus Election #ode. 8eadline #ertificate of candidacy must be filed not later than the day before the date for the beginning of the campaign period. (Sec. 7, %" 7522+
" certificate filed beyond the deadline is not valid. (<ador vs. #/0E1E#, FG S#%" ;:5+ !rohibition against multiple candidacies " person who files a certificate of candidacy for more than one office should be eligible for any of them. (Sec 7:, 4! DD5+ 4efore the deadline for filing certificates he may withdraw all e pect one, declaring under oath the office for which he desires to be eligible and cancel the certificate of candidacy for other office or offices. (<o vs. #/0E1E#, <% Ho. 5;77;5, 0ay 56, )665+ -orms /ath ,he certificate must be sworn. (Sec. 7:, 4! DD5+ ,he election of a candidate cannot be annulled because of formal defects in his certificate, such as held of oath (<uzman vs. 4oard of #anvassers, ;D !hil )55+ Hame " candidate shall use his baptismal name or full name, the name registered with the civil registrar or any other name allowed by law. Me may include one nic$name or stage name by which he is generally $nown. Jhen two or more candidates for the same office have the same name or surname, each shall state his paternal and maternal surnames, e cept the incumbent (See. 75, 4! DD5+ !lace and !eriod of -illing -or !resident, *ice !resident and Senators: main office of the #/0E1E# in 0anila, G copies, not later than F6 days before date of election. -or 0embers of the Mouse of %epresentatives:
!rovincial legislative districts !rovincial Election Supervisor of the !rovince concerned H#% legislative districts %egional #/0E1E# 8irectors 1egislative districts in cities outside H#% #ity Election registrar concerned -or provincial offices !rovincial Election Supervisor of the province concerned. #ity and 0unicipal offices #ity or 0unicipal Election %egistrar concerned. ,he certificates of candidacy of 0embers of the Mouse of %epresentatives, !rovincial, city or municipal officials shall be filed in G copies not later than ;G days before the election. ,he certificate of candidacy shall be filed by the candidate personally or his duly authorized representative. Ho certificate of candidacy shall be filed or accepted by mail, telegram or facsimile. ,he evident purpose of the law in requiring the filing of certificate of candidacy and in fi ing the time limit therefore are= (5+ to enable the voters to $now, at least si ty days before the regular election, the candidates among whom they are to ma$e the choice, and ()+ to avoid confusion and inconvenience in the tabulation of the votes to the duly registered candidates, there might be as many persons voted for as there are voters, and votes might be cast even for un$nown or fictitious persons, as mar$ to identify the votes in favor of a candidate for another office in the same election. (0iranda vs. "baya, :55 S#%" 257+ 8uty of #/0E1E# Sub'ect to its authority over nuisance candidates and its power to deny due course or cancel a certificate of candidacy, the rule is that the #/0E1E# shall have only the ministerial duty to receive and ac$nowledge receipt of the certificates of candidacy. (Sec. 7D, 4! DD5+ Effect -iling
"n appointive public official is considered resigned upon filing of his certificate. (Sec. 22, 4! DD5=Sanciangco vs. %ono, 5:7, S#%" 275+.,his includes an employs of a </## organized under the #orporation #ode (Jithout original charter+, since the law ma$es no distinction. (!H/# E8# vs. H1%#, ))) S#%" D:5+ "ny elective official, whether national or local who has filed a certificate of candidacy for the same or any other office shall not be considered resigned from office. (sec. )2, #/0E1E# %esolution Ho. :2:2, %ules and %egulations Implementing %" F662+ Jithdrawal of #ertificate of #andidacy -orm written declaration under oath. ,here was no withdrawal of candidacy for the position of mayor where the candidate, before the deadline for filing certificates of candidacy, personally appeared in the #/0E1E# office, as$ed for his certificate of candidacy and intercalated the word >vice? before the word mayor and the following day wrote the election registrar saying that his name be included in the list of official candidates for mayor. (*ivero vs. #/0E1E#, 1 D56GF, Kan 5), 5FDF+ Since his certificate of candidacy for the office of board member was filed by his party, and the said party had withdrawn the nomination which withdrawal was confirmed by the candidate under oath, there was substantial compliance with Sec. 7:. Mis filing under oath within the statutory period of his individual certificate for candidacy for the separate office of mayor was, in effect, a re'ection of the party nomination on his behalf for the office of board member. (%amirez vs. #/0E1E#, 1&D55G6, Kan 5), 5FF)+ Substitution of #andidacy Sec. 77 4! DD5= Sec. 5), %" F662 If after the last day for filing certificates, a candidate dies, withdraws or is disqualified, he may be substituted by a person belonging to his party not later than the mid day of election. Said certificate may be filled with any board of election inspectors in the political subdivision where he is an electorate of the country, with the #/0E1E#. (8omingo vs. #ity 4oard of #anvassers, <% Ho. 56G:2G, Kune ), 5FF)+ Even if the withdrawal was not under oath, the certificate of the substitute cannot be annulled after the election. Such technicality of the original candidateNs withdrawal of his certificate of candidacy cannot be used to
override the peopleNs will in favor to the substitute candidate. ,he legal requirement that the withdrawal be under oath will be held to be merely directory and the candidateNs failure to observe the requirement is considered a harmless error. Mence the bona fide certificate of the substitute candidate cannot be assailed. ,he votes in his favor should be counted. (*illanueva vs. #/0E1E#, 5;6 S#%" :G)+ In case of valid substitutions after the official ballot have been printed, the votes cast for the substituted candidates shall be considered as many votes but shall not invalidate the whole ballot. -or this purpose, the official ballots shall provide spaces where the voters may write the name of substitute candidates if they are voting for the latter. (See. 5), %" F662+ ,here is nothing in the #onstitution or statute which requires as condition precedent that a substitute candidate must have been a member of the party concerned for a certain period of time before he can be nominated as such. (Sinaca vs. 0ula, :5G S#%" )22+
8IS.I"1I-I#",I/H /- #"H8I8",ES 5. <rounds *iolation of /mnibus Election #ode Sec. 2D <iving money or other material consideration to influence voters or public officials performing electoral functions #ommitting acts of terrorism to enhance his candidacy Spending in his election campaign in e cess of the amount allowed by the #ode Soliciting, receiving or ma$ing any prohibited contribution *iolations of Secs. D6, D:, DG, D2 and )25, paragraphs d, e, $, v and cc, sub& paragraph 2. Huisance candidate Sec. 2F " petition to disqualify a candidate for councilor for failure to indicate in his certificate of candidacy the precinct number and the barangay as a registered voter cannot be considered a petition to disqualify him for being a nuisance candidate, since his certificate was not filed to ma$e moc$ery of the election or to confuse the voters. (Kurilla vs. #/0E1E#, ):) S#%" 7GD+ -alsity of material representation in certificate of candidacy. Sec. 7D
" valid certificate of candidacy is li$ewise an indispensable requisite in the case of a substitution of a disqualified candidate under the provisions of Sec. 77 of the Election #ode . . . ,he concept of a substitute presupposes the e istence of the person to be substituted, for how can a person ta$e the place of somebody who does not e ist or who never was... " disqualified candidate may only be substituted if he had a valid certificate of candidacy in the first place because, if the disqualified candidate did not have a valid and seasonably filed certificate of candidacy, he is and was not a candidate at all. If a person was not a candidate, he cannot be substituted under Sec. 77 of the #ode . . . . Jhile Sec. 7D of the Election #ode enumerated the occasion where a candidate may validly substitute there is no mention of the case where a candidate is e cluded not only by disqualification but also by denial and cancellation of his certificate of candidacy (0iranda vs. "baya, :55 S#%" 257+ In case of valid substitutions after the official ballots have been printed, the votes cast for the substituted candidates shall be considered as stray votes but shall not invalidate the whole ballot. Sec. 5), %" F662. amending Sec. 5) of %" D;:2+
,he #/0E1E# has 'urisdiction over a petition to disqualify a candidate for congressman for ineligibility before he has been proclaimed and has assumed office (0arcos vs. #/0E1E#, );D S#%" :66= "quino vs. #/0E1E#, );D S#%" ;66+ ). !rocedure for disqualification of candidates ,he petition shall be filed by any registered candidate for the same /ffice within G days from the last day of filing of certificates of #andidacy. (Secs. Ga and 7, %" 22;2+ Inder the election laws and the #/0E1E# %ules of !rocedure, any voter may file a petition to disqualify a candidate on grounds provided by law. (,orayno vs.#/0E1E#, ::7 S#%" G7;+
,he fact that no doc$et fee was initially paid is not fatal. ,he !rocedural defect as cured by the subsequent payment of the doc$et fee. (Sunga vs. #/0E1E#, ))D S#%" 72+ " petition filed after the election is filed out of time. (1oong vs.#/0E1E#, )52 S#%" 72F+ Since the filing by facsimile transmission is not sanctioned and a facsimile copy is not an original pleading, a petition for disqualification should be deemed filed upon the filing of the original petition. (<arvida vs. Sales, )75 S#%" 72;+ Jhere a qualified candidate was replaced on the day before the election, a petition to disqualify the replacement filed on election day should be entertained, as it was impossible to file the petition earlier. ("bella vs. 1arrazabal, 5D6 S#%" G6F+ ,he #/0E1E# may motu propio refuse to give due course or cancel a certificate of candidacy. (Sec. 2F, 4! DD5+ ,he proceeding shall be summary. (Holasco vs. #/0E1E#, )7G S#%" 72)+ ,he #/0E1E# can decide a disqualification case directly without referring it to its legal officers for investigation. (Holasco, supra+ ,he decision shall be final and e ecutory after G days from receipt unless stayed by the Supreme #ourt PSecs. G(e+ and 7, %" 22;2Q E--E#,S /- 8IS.I"1I-I#",I/H #"SE "fter final 'udgment &"ny candidate who has been declared by final 'udgment to be disqualified shall not be voted for, and the votes cast for him shall not be counted. 4efore final 'udgment If for any reason a candidate is not declared by final 'udgment before an election to be disqualified and he is voted for and receives the winning number of votes in such election the #ourt or #ommission shall continue with the trial and hearing of the action, inquiry or protest and, upon motion of the complainant or any intervenor, may, during
the tendency thereof, order the suspension of the proclamation of such candidate whenever the evidence of guilt is strong. (Sec. 2, %" 22;2+ ,he purpose of a disqualification proceeding is to prevent the candidate from running or, if elected, from serving, or to prosecute him for violation of election laws. ,he fact that a candidate has been proclaimed and had assumed the position to which he was elected does not divest the #/0E1E# of authority and 'urisdiction to continue the hearing and eventually decide the disqualification. ,he #/0E1E# should not dismiss the case simply because the respondent has been proclaimed. (Sunga vs. #/0E1E#, )DD S#%" 72 and 1onzanida vs. #/0E1E#, :55 S#%" 257+ Sec. 2 of %" 2252 authorizes the continuation of proceedings for disqualification even after the elections if the respondent has not been proclaimed. (!erez vs. #/0E1E#, :57 S#%" 2;5+ " disqualification case may have two aspects, the administrative, which required only a preponderance of evidence to prove disqualification, and the criminal, which necessitates proof beyond reasonable doubt to convict. ,here is no provision in %" 22;2 that treats of a situation where the complaint for disqualification is filed after the election. . . . Second paragraph of paragraph ) of %es. Ho. )6G6 provides that where a complaint is filed after the election but before proclamation, as in this case, the complaint must be dismissed as a disqualification case but shall be referred to the 1aw 8epartment for preliminary investigation. Jhy there is a difference between a petition for disqualifications before and after the election proceeds from the fact that before the electorate and those who vote for the candidate assume the ris$ that should said candidate be disqualified after the election, their votes would be declared stray or invalid votes and that would not be true in the case of one filed after the electorate has already voted . . . (4agatsing vs. #/0E1E#, :)6 S#%" D57+ ,he #/0E1E# can legally suspend the proclamation of the winning candidate although he received the winning number of votes.(1abo vs. #/0E1E#, )55 S#%" )F7+. ,he use of the word >may?, indicates that the suspension of the proclamation is merely directory and permissive in nature and operates to confer
discretion. Jhat is made mandatory is the continuation of the trial and hearing of the action, inquiry or protest. Since the suspension of the proclamation is merely permissive, the proclamation of a candidate is valid, if the #/0E1E# did not suspend his proclamation. (<rego vs. #/0E1E#, )7; S#%" ;D5+ Inder the same provision, intervention may be allowed in proceedings for disqualification even after election if there has yet no final 'udgment rendered. (0ercado vs. 0azano, :67 S#%" 2:6+ Jhere the votes cast for a nuisance candidate whose disqualification had not yet become final on election day were tallied separately, they should be counted in favor of the petitioner. (4autista vs. #/0E1E#, )FD, S#%" ;D6+ ,ME 1/HE #"H8I8",E 1"J ,he 1one #andidate 1aw is %" D)FG, enacted Kune 2, 5FF7. Section ) thereof provides the upon the e piration of the deadline for the filing of certificate of candidacy in a special election called to fill a vacancy in an elective position other than for !resident and *ice&!resident, when there is only one (5+ qualified candidate for such position, the lone candidate shall be proclaimed elected to the position by proper proclaiming body of the #/0E1E# that he is the only candidate for the office and is thereby deemed elected. Section : thereof also provides that the lone candidate so proclaimed shall assume office not earlier than the scheduled election day, in the absence of any lawful ground to deny due course or cancel the certificate of candidacy in order to prevent such proclamation. *I. #"0!"I<H= E1E#,I/H !%/!"<"H8"= #/H,%I4I,I/HS "H8 EA!EH8I,I%ES Election campaign or partisan political activity refers to an act designed to promote the election or defeat of a particular candidate or candidates for public office. (Sec. 7F, 4! DD5+ a. If done for the purpose of enhancing the chances of aspirants for nomination for candidacy to a public office by a political party, etc, it shall not be considered as election campaign or partisan political activity.
b. It shall be unlawful for any person or any party to engage in election campaign or partisan political activity e cept during the campaign period. c. 0embers of the #ivil Service to engage, directly or indirectly, in any electioneering or partisan political campaign. ". Homination of candidates 5. !resident, *ice&!resident and Senators not earlier than 52G before election date ). #ongressmen, provincial, city or municipal officials not earlier than 7G days before election day 4. #ampaign period 5. !resident, *ice&!resident and Senators F6 days before election day ). #ongressmen, provincial, city and municipal officials ;G days before election day. #. 1awful propaganda 5. -orms ). !amphlets, leaflets, cards, decals, stic$ers and written or printed materials not more than D S inches by 5; inches :. MandwrittenBprinted letters ;. #loth, paper or cardboard, posters measuring, not more than ) feet by : feet : by D ft. allowed in announcing at the site on the occasion of a public meeting or rally, may be displayed G days before the date of rally but shall be removed within ); hours after said rally. G. !aid print advertisements: T page in broadsheets and S pages in tabloids thrice a wee$ per newspaper, magazine or other publication during the campaign period. (Sec. ;, %" F662+
2. 4roadcast 0edia(i.e., ,* and radio+ Hational !ositions: 5)6 minutes for ,*, 5D6 minutes for radio B 1ocal !ositions: 26 minutes for ,*, F6 minutes for radio 7. /ther forms of election propaganda not prohibited by the /mnibus Election #ode and %" F662, and authorized by the #/0E1E#. %equirement
5. !rohibiting the posting of decals and stic$ers e cept in the common posting area authorized by the #/0E1E# is not valid ("diong vs. #/0E1E#, );; S#%" )7)+ ). 0ass media may report news relating to candidates, and mass media practitioners may give their opinion regarding candidates. (Hational !ress #lub vs. #/0E1E#, )67 S#%" 5+ E. %allies
5. "ny published or printed political matter or broadcast of election propaganda by television or radio for or against a candidate or group of candidates to any public office shall bear and be reasonably legible or audible words >political advertisement paid for,? followed by the true and correct name and address of the candidate or party for whose benefit the election propaganda was printed or aired. ). If the broadcast is given free or charge by the radio or television station, it shall be identified by the word >airtime for this broadcast was provided free of charge by? followed by the true and correct name and address of the broadcast entity. :. !rint, broadcast or outdoor advertisements donated to the candidate or political party shall be printed, published, broadcast or e hibited without the written acceptance by the said candidate or political party. Such written acceptance shall be attached to the advertising contract and shall be submitted to the #/0E1E#. (Sec. ;, %" F662+ 8. !rohibited #ampaign 5. !ublic e hibition of a movie, cinematograph or documentary portraying the life or biography of a candidate during campaign period.9 ). !ublic e hibition of a movie, cinematograph or documentary portrayed by an actor or media personality who is himself a candidate= :. Ise of airtime for campaign of a media practitioner who is an official of a party or a member of the campaign staff of a candidate or political party. Scope
5. "n application for permit for a rally shall not be denied e cept on the ground that a prior written application for the same purpose has been approved. " denial is appealable to the provincial election supervisor or #/0E1E#. (Sec. D7, 4! DD5+ ). It is unlawful to give or accept transportation, food, drin$s or things of value within G hours before and after a public rally, before election day and on election day. (Sec. DF 4! DD5+ -. !rohibited donations It is prohibited for any candidate, his spouse, relative within second degree of consanguinity or affinity, or representative to ma$e any contribution for any structure for public use or for use of any religious or civic organization e cept the normal religious dues and payment for scholarships established and school contributions habitually made before the campaign period. (Sec. 56;, 4! DD5+ <. !rohibited contributions Ho political contribution shall be made by the following: 5. !ublic or private financial institutions ). !ublic utilities and those who e ploit natural resources ,hus, where an operator of a public utility disguised a contribution to a candidate for governor as loan, the promissory note is void: (halili vs. #ourt of "ppeals, D: S#%" 2::+ :. !ersons who hold contracts or sub&contracts to supply the government with goods and services. ;. !ersons granted franchises, incentives, e emptions or similar privileges by the government
G. !ersons granted loans in e cess of !)G, 666 by the government or any of its subdivisions or instrumentalities 2. Schools which received grants of public funds of at least !566,666 7. Employees in the #ivil Service or members of the "rmed -orces. D. -oreigners (Sec. FG , 4p DD5+ F. #orporations (sec. :2 (F+, #orp. #ode+ M. Equal "ccess to 0edia ,ime and Space "ll registered parties and bonafide candidates shall have equal access to media time and space . ,he following guidelines may be amplified on by the #/0E1E#. 5. Ho franchise or permit to operate a radio or television shall be granted or issued, suspended or cancelled during the election period. ). "ny mass media columnist, commentator, announcer, reporter, on&air correspondent or personality who is a candidate for any elective public office or is a campaign volunteer for or employed or retained in any capacity by any candidate or political party shall be deemed resigned, if so required by their employers, or shall ta$e a leave of absence from his wor$ as such during the campaign. "nd that any media practitioner who is an official candidate of a political party or member of the campaign staff of a candidate or political party shall not use his media time and space to favor any candidate or political party. I. 1imitation on e penses Sec. 5:, %" 7522 5. #andidates a. !resident and vice president !56 per voter b. /ther candidates !: per voter in his constituency c #andidate without political party !G per voter d. !artyBorganization and coalition participating in the party list system !G per voter ). !olitical party and coalition !G per voter in the constituency where it has candidates. (sec. 5:, %" 7522+ K. Statement of contributions and e penditures 5. -iling
a. every candidate and treasurer of political party shall file within :6 days after election day a statement of contributions and e penditures. b. Ho persons elected shall assume office until he and his political party has filed the required statements ). !enalties a. -irst /ffense administrative fine from ! 5,666 to !:6, 666 b. Subsequent offense i. "dministrative fine from !),666 to !26, 666 ii. !erpetual disqualification to hold public office (Sec. 5;, %" 7522+ :. Effect of withdrawal " candidate who withdraws his certificate of candidacy must still file a statement of contributions and e penditures, for the law ma$es no distinction. (!ilar vs. #/0E1E#, );G S#%" 7GF+ *II. E1E#,I/H= 4/"%8 /- E1E#,I/H IHS!E#,/%S (4EI+= J",#ME%S EIH8S /- E1E#,I/H 5. <eneral election is one provided for by law for the election to offices throughout the State, or certain subdivisions thereof, after the e piration of the full term of former officers. ). Special Election is one provided for by law to fill vacancy in office before the e piration of the full term for which the incumbent was elected or one fi ed by the #/0E1E# due to postponement or suspension of the election or the failure to elect. :. %ecall election is an election by means of which voters decide whether they should retain their local official or elect his replacement. (#laudio vs. #/0E1E#, ::5 S#%" :DD+ E1E#,I/H !E%I/8 Inless otherwise fi ed by the #/0E1E# in special cases, the election period shall commence F6 days before the day of the day of the election and shall end :6 days thereafter.PSec. F, "rt. IA #, !#Q 8",E /- E1E#,I/H
,he regular election of the !resident, *ice&!resident, Senators and 0embers of the Mouse of %epresentatives and local officials, e cept barangay officials, shall be on the second 0onday of 0ay once every three years. In accordance with the constitutional policy to synchronize elections, the regular election for national and local officials is now held simultaneously. (%" 7522+ Inder 227F, regular elections for barangay officials shall be held once every five years.
5. It should not be later than thirty (:6+ days after the secession of the cause of the postponement of suspension of the election or a failure to elect= and ). It should be reasonably close to the date of the election not held, suspended or which resulted in the failure to elect.(!angandaman vs. #/0E1E#, :5F S#%" )D:+ " special election is not valid if notice of its date and of the transfer of the precincts was given less than a day before, since the voters were deprived of the opportunity to vote. (hassan vs. #/0E1E#, )2; S#%" 5)G+ -"I1I%E /- E1E#,I/H 5. Sec.2 the /E# contemplates three instances when the #/0E1E# may declare a failure of election and call for the holding of a special election: (5+ when thee election in any polling place has not been held on the date fi ed on account of force ma'eure, violence, terrorism, fraud and other analogous cases, ()+ when the election in any polling place has been suspended before the hour fi ed by law for the closure of the voting= and (:+ after the voting and during the preparation and transmission of the election returns or in the custody or canvass thereof, such election results in a failure to elect. (Soliva et al vs. #/0E1E#, <% Ho. 5;57):, "pril )6,)665+ ). ,he power to throw out or annul an election should be e ercised with the utmost care and only under circumstances which demonstrate beyond doubt either that the disregard of the law had been so fundamental or so pertinent and continuous that it is impossible to distinguish what votes are lawful and what are unlawful, or to arrive at any certain result whatsoever, or that the great body of voters have been prevented by viiolence, intimidation and threats from e ercising their franchiseO ,here is failure of elections only when the will of the electorate has been muted and cannot be ascertained. (4enito vs. #/0E1E#, <% Ho. 5:;F5:,Kanuary 5F,)665+ :. " special election should be held if the ballot bo in the precinct was burned.(Massan vs. #/0E11E#,)2; S#%" 5)G+ ;. ,he destruction of the copies of the election returns intended for the board of canvassers is not a ground for the declaration of failure of election as other copies of the returns can be used (Sardea vs. #/0E1E#,))G S#%" :7;+
E1E#,I/H /- S"H<<IHI"H< 0E04E%S 5. -or provinces with two or more legislative district the elective members of Sangguniang !anlalawigan (Spn+ shall be elected by legislative districts. ). -or provinces with only one legislative district the #/0E1E# shall divide them into districts for purposes of electing the members of the S!n= :. -or cities in 0etro 0anila "rea, #ebu #ity, 8avao #ity or any other city with two or more legislative district governed by Secs. ) and : of %" 22D2. ;. -or municipalities in 0etro 0anila the #/0E1E# shall divide them into two districts by baranggay for purposes of electing members of the S4. !/SE!/HE0EH, /- E1E#,I/H Jhen for any serious cause such as violence, terrorism, loss or destruction of election paraphernalia or records, force ma'eure, and other analogous cases of such nature that the holding of a free, orderly and honest election should become impossible in any political subdivision, the #/0E1E#, motu propio or upon a verified petition by any interested party, and after due notice and hearing, whereby all interested parties are afforded equal opportunity to be heard, shall postpone the election therein. (Sec. G, 4! DD5+ "n election officer alone, or even with the agreement of the candidates, cannot validly postpone or suspend the election. (4asher vs. #/0E1E#, ::6 S#%" 7:2+. . . It is essential to the validity of the election that the voters have notice in some form, either actual or constructive, of the time, place and purpose thereof (4asher vs. #/0E1E#, supra+ " petition to postpone elections should be addressed to the #/0E1E#, sub'ect to the remedy of review provided for in "rt IA " Section 7. In fi ing the date of special elections the #/0E1E# should see to it that:
G. ,he fact that less than )GR of the registered voters voted does not constitute failure of election, since voting too$ place. (0itmug vs. #/0E1E#,):6 S#%" G;+ 2. 1ac$ of notice of the date and time of the canvass, fraud, violence, terrorism, and analogous causes, such as disenfranchisement of voters, presence of flying voters, and lac$ of qualifications of the members of the 4oard of Inspectors are not grounds for declaration of failure of election but for an election protest. (4or'a vs. #/0E1E#,)26 S#%" 26;+ 7. ,he fact that the names of some registered voters were omitted from the list of voters, strangers voted for some of the registered voters, a candidate was credited with less votes than he received, the control data of some election returns were filled up, the ballot bo es were brought to the municipal hall without padloc$ and seals, and that there was a delay in the delivery of election returns are not grounds for the declaration of failure of election. (#anicosa vs. #/0E1E#, )D) S#%" G5)+ D. "n election cannot be annulled because of the illegal transfer of a precinct less than ;G days before the election if the votes of those who were not able to vote will not alter the result. (4alindong vs. #/0E1E#, )26 S#%" ;F;+ F. ,here is no reglementary period for filing a petition for annulment of an election if there has as yet been no proclamation. (1oong vs. #/0E1E#, )G7 S#%" 5+ 56. ,he #/0E1E# may decide a petition to declare a failure of election en banc at the first instance, since it is not a pre&proclamation case or an election protest. (4or'a vs. #/0E1E#, )26 S#%" 26;+ In petitions to declare a failure of election on the ground of fraud, the#/0E1E# may conduct a technical e amination of election documents and compare and analyze the signatures and fingerprints of the voters. (1oong vss. #/0E1E#,)G7 S#%" 5+ S!E#I"1 E1E#,I/H ,/ -I11 I! *"#"H#L 5. In case of permanent vacancy in #ongress at least one year before the e piration of the term, the #/0E1E# shall hold a special election not earlier than F6 days after the occurrence of the vacancy.
). " vacancy in the Senate will be filled up at the ne t regular election. (Section ;,%" 7522+ 4/"%8 /- E1E#,I/H IHS!E#,/%S (4EI+ ,he 4oard of Election Inspectors shall be composed of a chairman and two members, all of whom are public school teachers. If there are not enough public school teachers, teachers in private schools, employees in the civil service, or other citizens of $nown probity and competence may be appointed. (Section 5:, %" 22;2+ J",#ME%S Humber 5. /fficial watchers Every registered party or coalition of parties and every candidate is entitled to one watcher per precinct and canvassing counter. #andidates for the local legislature belonging to the same party are entitled collectively to one watcher. Si principal watchers from 2 accredited ma'or political parties shall be recognized. (Section )2, 7522+ ). /ther watchers 3 ,he accredited citizenNs arm is entitled to a watcher in every precinct. 3 /ther civic organizations may be authorized to appoint one watcher in every precinct. (Section 5D6, 4! DD5+ Important rights of watchers 5. "ll watchers a. ,o stay inside the precinct b. ,o inform themselves of the proceedings c. ,o file a protest against any irregularity d. ,o obtain a certificate of the number of votes cast for each candidate (Section 57F, 4!DD5+ ). #itizenNs "rm
,o be given a copy of the election return to be used for the conduct of an unofficial count. (Section 5, %" D6;G+ *III. #"S,IH< /- */,ES 5. ,he chairman of the 4oard of Election Inspectors should sign each ballot at the bac$. ,he omission of such signature does not affect the validity of the ballot.(1ibanan vs M%E,,)D: S#%" G)6+ Inder the rules prevailing during the 5FF7 4arangay Elections, the failure to authenticate the ballots shall no longer be cause for the invalidation thereof. (0alabaguio vs. #/0E1E#,:;2 S#%" 2FF+ ). " voter who was challenged on the ground that he has been paid for the vote or made a bet on the result of the election will be allowed to vote if he ta$es an oath that he did not commit the act alleged in the challenge. (Section )66,4!DD5+ :. "n illiterate or physically disabled voter may be assisted by a relative by affinity or consanguinity within the fourth degree or any person of his confidence who belongs to the same household or any member of the 4oard of Election Inspectors. (Section 5F2, 4!DD5+ ;. It is unlawful to use carbon paper, paraffin paper or other means for ma$ing a copy of the contents of the ballot or to use any means to identify the ballot.(Sec. 5FG,4!DD5+. " ballot prepared under such circumstances should not be counted. (<utierrez vs. "quino, -eb,)2,5FGF+ "4SEH,EE */,IH< 5. 0embers of the 4oard of Election Inspectors and their substitutes may vote in the precinct where they are assigned. (Section 52F, 4! DD5+ ). "bsentee voting for !resident, *&president and Senators are allowed for members of the "-!, !H!, and other government employees assigned in connection with the performance of election duties to places where they are not registered. (Section 5), %" 7522+ %" H/. F5DF >"H "#, !%/*I8IH< -/% " SLS,E0 /- /*E%SE"S "4SEH,EE */,IH< 4L .I"1I-IE8 #I,ICEHS /- ,ME !MI1I!!IHES "4%/"8? Sec. G. 8isqualification. ,he following shall be disqualified from voting under this "ct:
a+ ,hose who have lost their -ilipino citizenship in accordance with !hilippine laws= b+ ,hose who have e pressly renounced their !hilippine citizenship and who have pledge allegiance to a foreign country= c+ ,hose who have committed and are convicted in a final 'udgment by a court or tribunal of an offense punishable by imprisonment of not less than one (5+ year, including those who have committed and been found guilty of 8isloyalty as define under "rticle 5:7 of the %evised !enal #ode, such disability not having been removed by plenary pardon or amnesty: !rovided, however, ,hat any person disqualified to vote under this subsection shall automatically acquire the right to vote upon e piration of five(G+ years after service of sentence= !rovided further, ,hat the #ommission may ta$e cognizance of final 'udgments issued by foreign courts or tribunals only on the basis or reciprocity and sub'ect to the formalities and processes prescribed by the %ules of court on e ecution of 'udgments= d+ "n immigrant or a permanent resident who is recognized as such in the host country, unless heBshe e ecute, upon registration, an affidavit prepared for the purpose by the #ommission declaring that heB she shall resume actual physical permanent residence in the !hilippine not later than three(:+ years from approval of hisBher registration under this "ct. Such affidavit shall also state that sheB he has no applied for citizenship in another country. -ailure to return shall be cause for the removal of the name of immigrant or permanent resident from the Hational %egistry of "bsentee *oters and hisBher permanent disqualification to vote in absentia. e+ "ny citizen of the !hilippines abroad previously declared insane or incompetent by competent authority in the !hilippines or abroad, as verified by the !hilippine embassies, consulates or foreign service establishments concerned, unless such competent authority subsequently certifies that such person is no longer insane or incompetent. SE#. 2 !ersonal /verseas "bsentee %egistration. %egistration as an overseas absentee voter shall be done in person. .ualified citizens of the !hilippines abroad who failed to register under %epublic "ct Ho. D5DF, otherwise $nown as >,he *oters %egistration "ct of 5FF2?, may personally apply for registration with the Election %egistration 4oard of the city or municipality where they were domiciled immediately prior
to their departure from the !hilippines, or with the representative of the #ommission of the !hilippine embassies, consulates and other foreign service establishments that have 'urisdiction over the locality where they temporarily reside. Sub'ect to guidelines herein provided, the #ommission is hereby authorized to prescribe procedures for overseas absentee registration pursuant to the provisions of %epublic "ct Ho. D5DF, whenever applicable, ta$ing into strict consideration the time zones and the various periods and processes herein provided for the proper implementation of this "ct. ,he embassies, consulates and other foreign service establishments shall transmit within five (G+ days from receipt the accomplished registration forms to the #ommission after which the #ommission shall coordinate with the Election /fficer of the city or municipality of the applicantNs stated residence for verification, hearing and annotation in the permanent list of voters. "ll applications for the 0ay )66; elections shall be filed with the #ommission not later than two hundred eighty ()D6+ calendar days before the day of elections. -or succeeding elections, the #ommission shall provide for the period within which applications to register must be filed. In the case of seafarers, the #ommission shall provide a special mechanism for the time and manner of personal registration ta$ing into consideration the nature of their wor$. 2.5 Ipon receipt of the application for registration, the Election /fficer shall immediately set the application for hearing, the notice of which shall be posted in a conspicuous place in the premises of the city or municipal building of the applicantNs stated residence for at least one (5+ wee$ before the date of the hearing. ,he Election /fficer shall immediately furnish a copy of the application to the designated representatives of political parties and other accredited groups. 2.) If no verified ob'ection to the application is filed, the Election /fficer shall immediately forward the application to the Election %egistration 4oard, which shall decide on the application within one (5+ wee$ from the date of hearing without waiting for the quarterly meeting of the 4oard. ,he applicant shall be notified of the approval or disapproval of hisBher application by registered mail. 2.: In the event that an ob'ection to the application is filed prior to or on the date of hearing, the Election /fficer shall notify the applicant of said ob'ection by registered mail, and closing therein copies of affidavits or documents
submitted in support of the ob'ection filed with the said Election /fficer, if any. ,he applicant shall have the right to file his counter&affidavit by registered mail, clearly stating therein facts and defenses sworn before any officer in the host country authorized to administer oaths. 2.; ,he application shall be approved or disapproved based on the merits of the ob'ection, counter&affidavit and documents submitted by the party ob'ecting and those of the applicant. 2.G " #ertificate of %egistration as an overseas absentee voter shall be issued by the #ommission to all applicants whose applications have been approved, including those certified as registered voters. ,he #ommission shall include the approved applications in the Hational %egistry of "bsentee *oters. 2.2 If the application has been approved, any interested party may file a petition for e clusion not later than two hundred ten ()56+ days before the day of elections with the proper municipal or metropolitan trial court. ,he petition shall be decided within fifteen (5G+ days after its filing on the basis of the documents submitted in connection therewith. Should the court fail to render a decision within the prescribed period, the ruling of the Election %egistration 4oard shall be considered affirmed. 2.7 If the application has been approved, the applicant or his authorized representative shall, within a period of five (G+ days from receipt of the notice of this approval, have the right to file a petition for inclusion with the proper municipal or metropolitan trial court. ,he petition shall be decided within five (G+ days after its filing on the basis of documents submitted in connection therewith. .ualified citizens of the !hilippines abroad, who have previously registered as voters pursuant to %epublic "ct Ho. D5DF shall apply for certification as absentee voters and for inclusion in the Hational %egistry of /verseas "bsentee *oters, with a corresponding annotation in the #ertified *oterNs 1ist. Sec. 7. System of #ontinuing %egistration. ,he #ommission shall ensure that the benefits of the system of continuing registration are e tended to qualified overseas absentee voters. ,owards this end, the #ommission shall optimize the use of e isting facilities, personnel and mechanisms of the
various government agencies for purposes of data gathering, data validation, information dissemination and facilitation of the registration process. !re&departure programs, services and mechanisms offered and administered by the 8epartment of -oreign "ffairs, 8epartment of 1abor and Employment, !hilippine /verseas Employment "dministration, /verseas Jor$ersN Jelfare "dministration, #ommission on -ilipinos /verseas and other appropriate agencies of the government shall be utilized for purposes of supporting the overseas absentee registration and voting processes, sub'ect to limitations imposed by law. Sec.D %equirements for %egistration. Every -ilipino registrant shall be required to furnish the following documents: a+ " valid !hilippine passport. In the absence of a valid passport, a certification of the 8epartment of -oreign "ffairs that it has reviewed the appropriate documents submitted by the applicant and found them sufficient to warrant the issuance of a passport, or that the applicant is a holder of a valid passport but is unable to produce the same for a valid reason= b+ accomplished registration from prescribed by the commission containing the mandatory information: 3 1ast $now residence of the applicant in the !hilippines before leaving for abroad= 3 "ddress of applicant abroad, or forwarding address in the case of seafarers= 3 Jhere voting by mail is allowed, the applicantNs mailing address outside the !hilippines where the ballot for absentee voters will be sent, in proper cases= and 3 Hame and address of applicantNs authorized representative in the !hilippines for purposes of Section 2.7 and Section 5) hereof. In the case of immigrants and permanent residents not otherwise disqualified to vote under this "ct, an affidavit declaring the intention to resume actual physical permanent residence in the !hilippines not later than three (:+ years after approval of hisBher registration as an overseas absentee voter under this "ct. Such affidavit shall also state that heBshe has not applied for citizenship in another country. ,he #ommission may also require additional data to facilitate registration and recording. H/ information other than those necessary to establish the identity and qualification of the applicant shall be required.
Sec. 55 !rocedure for "pplication to *ote in "bsentia.& 55.5 Every qualified citizen to the !hilippines abroad whose application for registration has been approved, including those previously registered under %epublic "ct Ho. D5DF, shall, in every national election, file with the officer of the embassy, consulate or other foreign service establishment authorized by the #ommission, a sworn written application to vote in a form prescribed by the #ommission. ,he authorized officer of such embassy, consulate or other foreign service establishment shall transmit to the #ommission the said application to vote within five (G+ days from receipt thereof. ,he application form shall be accomplished in triplicate and submitted together with the photocopy of hisBher overseas absentee voter certificate of registration. 55.) Every application to vote in absentia may be done personally at, or by mail to the embassy, consulate or foreign service establishment, which has 'urisdiction over the country where heBshe has indicated hisBher address for purposes of th elections. 55.: #onsular and diplomatic services rendered in connection with the overseas absentee voting processes shall be made available at no cost to the overseas absentee voter. Sec. 5) . *erification and "pproval of "pplication to *ote.& "ll applications shall be acted upon by the #ommission upon receipt thereof, but in no case later than one hundred fifty (5G6+ days before the day of elections. In the event of disapproval of the application, the voter or his authorized representative may file a 0otion for %econsideration with the #ommission personally, or by registered mail, within ten (56+ days from receipt of the notice of disapproval. ,he #ommission shall act within five (G+ days from receipt of such 0otion for %econsideration and shall immediately notify the voter of its decision. ,he decision of the #ommission shall be final and e ecutory. Sec. 52. casting and Submission of 4allot.& 52.5 Ipon receipt by7 the designated officer of the embassy, consulate and other foreign service establishments of the ballots for overseas absentee voters, voting instruction, election forms and other paraphernalia, heBshe shall ma$e them available on the premises to the qualified overseas
absentee voters in their respective 'urisdiction during the thirty (:6 + days before the day of elections when overseas absentee voters may cast their vote. Immediately upon receiving it, the overseas voter must fill&out hisBher ballot personally, in secret, without leaving the premises of the embassies, consulates and other -oreign Service establishments concerned. 52.) ,he overseas absentee voter shall personally accomplish hisBher ballot at the embassy, consulate or other foreign service establishment that has 'urisdiction over the country where heBshe temporarily resides or at any polling place designated and accredited by the #ommission. 52.: ,he overseas absentee voter shall cast his ballot, upon presentation of the absentee voter identification card issued by the #ommission, within thirty (:6+ days before the day of elections. In the case of seafarers, they shall cast their ballots anytime within si ty (26+ days before the day of elections. In the case of seafarers, they shall cast their ballots anytime within si ty (26+ days before the day of elections as prescribed in the Implementing %ules and <uidelines. 52.; "ll accomplished ballots received shall be placed unopened inside sealed containers and $ept in a secure place designated by the #ommission. 52.G ,he embassies, consulates and other foreign service establishments concerned shall $eep a complete record of the ballots for overseas absentee voters, specifically indicating the number of ballots they actually received, and in cases where voting by mail is allowed under Section 57 hereof, the names and addresses of the voters to whom these ballots were sent, including proof of receipt thereof. In addition, the embassies, consulates and other foreign service establishments shall submit a formal report to the #ommission and the Koint #ongressional /versight #ommittee created under this "ct within thirty (:6+ days from the day of elections. Such report shall contain data on the number of ballots cast and received by the officers the number of invalid and unclaimed ballots and other pertinent data. 52.2 ,he overseas absentee shall be instructed that hisBher ballot shall not be counted if it is not inside the special envelope furnished himBher when it is cast. 52.7 4allots not claimed by the overseas absentee voters at the embassies, consulates and other foreign service establishments, in case of personal voting, and ballots returned to the embassies, consulates and other foreign
service establishments concerned, in the case of voting by mail. Shall be cancelled and shipped to the #ommission by the least costly method within si (2+ months from the day of elections. 52.D /nly ballots cast, and mailed ballots received by the !hilippine embassies, consulates and other foreign service establishments concerned in accordance with Section 57 hereof before the close of voting open the day of elections shall be counted in accordance with Section 5D hereof. "ll envelopes containing the ballots received by the embassies, consulates and other foreign service establishments after the prescribed period shall not b opened, and shall be cancelled and shipped to the #ommission by the least costly method within si (2+ months from the day of elections. 52.F " special 4allot %eception and #ustody <roup composed of three (:+ members shall be constituted by the #ommission from among the staff of the embassies, consulates and other foreign service establishments concerned including their attached agencies, and citizens of the !hilippines abroad, who will be deputized to receive ballots and ta$e custody of the same preparatory to their transmittal to the Special 4oards of Election Inspectors. 52.56 8uring this phase of the election process, the authorized representatives of political parties, candidates, and accredited citizensN arms of the #ommission shall be notified in writing thereof and shall have the right to witness the proceedings. 52.55 ,he #ommission shall study the use of electronic mail, internet, or other secured networ$s in the casting of votes, and submit a report thereon to the Koint #ongressional /versight #ommittee. Sec. 57. *oting by 0ail. 57.5 -or the 0ay )66; elections, the #ommission shall authorize by voting mail in not more than three (:+ countries, sub'ect to the approval of the #ongressional /versight #ommittee. *oting by mail may be allowed in countries that satisfy the following conditions: a.+ Jhere the mailing system is fairly well&developed and secure to prevent occasion for fraud= b.+ Jhere there e ists a technically established identification system that would preclude multiple or pro y voting= and
c.+ Jhere the system of reception and custody of mailed ballots in the embassies, consulates and other foreign service establishments concerned are adequate and well&secured. ,hereafter, voting by mail in any country shall be allowed only upon review and approval of the Koint #ongressional /versight #ommittee. 57..) ,he overseas absentee voter shall send hisBher accomplished ballot to the corresponding embassy, consular or foreign service establishment that has 'urisdiction over the country where heBshe temporarily resides. MeBshe shall be entitled to cast hisBher ballot at any time upon hisBher receipt thereof, provided that the same is received before the close of voting on the day of elections. ,he overseas absentee voter shall be instructed that hisBher ballots shall not be counted if not transmitted in the special envelope furnished himBher. 57.: /nly mailed ballots received by the !hilippine embassy, consulate and other foreign service establishments before the close of voting on the day of elections shall be counted in accordance with Section 5D hereof. "ll envelopes containing the ballots received by the embassies, consulates and other foreign service establishments after the prescribed period shall not be opened, and shall be cancelled and disposed of appropriately, with a corresponding report thereon submitted to the #ommission not later than thirty (:6+ days from the day of elections. Sec. ):. Security 0easures to Safeguard the Secrecy and Sanctity of 4allots.& "t all stages of the electoral process, the #ommission shall ensure that the secrecy and integrity of the ballots are preserved. ,he #ommittees on "bsentee *oting of the #ommission shall be responsible for ensuring the secrecy and sanctity of the absentee voting process. In the interest of transparency, all necessary and practicable measures shall be adopted to allow representation of the candidates, accredited ma'or political parties, accredited citizensN arms and non&government organizations to assist, and intervene in appropriate cases, in all stages of the electoral e ercise and to prevent any and all forms of fraud and correction. Sec. );. !rohibited "cts. In addition to the prohibited acts provided by law, it shall be unlawful: );.5 -or any officer or employee of the !hilippine government to influence or attempt to influence any person covered by this act to vote, or not to vote, for
a particular candidate. Hothing in this "ct shall be deemed to prohibit free discussion regarding politics or candidates for public office. );.) -or any person to deprive any person of any right secured in this act or to give false information as to hisBher name, address, or period of residence for the purposes of establishing hisBher eligibility or ineligibility to register or vote under this act= or to conspire with another person for the purpose of encouraging the giving of false information in order to establish the eligibility or ineligibility of any individual to register or vote under this "ct= or, to pay, or offer to pa, or to accept payment either fro application to vote in absentia or for voting. );. : -or any person to tamper with the ballot, the mail containing the ballots for overseas absentee voters, the election returns including the destruction, mutilation and manipulation thereof. );.; -or any person to steal, destroy, conceal, mutilate or alter any record, document or paper as required for purposes of this "ct.
);.G -or any deputized agent to refuse without 'ustifiable ground, to serve or continue serving, or to comply with hisBher sworn duties after acceptance of hisBher appointments= );.2 -or any public officer or employee who shall cause the preparations, printing, distribution of information material, or post the same in website without the prior approval of the #ommission. );.7 -or any public employee to cause the transfer, promotion, e tension, recall of any member of the foreign service corps, including members of the attached agencies, or otherwise cause movement of any such member from his current post or position one (5+ year before and three (:+ months after the days of elections, without securing the prior approval of the #ommission. );.D -or any person who, after being deputized by the #ommission to underta$e activities in connection with the implementation of this "ct, shall campaign for or assist, in whatsoever manner, candidates in the elections. -or any person who is not citizen of the !hilippines to participate by word or deed, directly or indirectly through qualified organizationsBassociations, in
any manner and at any stage of the !hilippine political process abroad, including participation in the campaign and elections. ,he !rovision of e isting laws to the contrary notwithstanding, and with due regard to the !rinciple of 8ouble #riminality, the prohibited acts described in this section are electoral offenses and punishable in the !hilippines. ,he penalties imposed under Section )2; of the /mnibus Election #ode, as amended, shall be imposed on any person found guilty of committing any set of the prohibited acts as defined I this section. !rovided, that the penalty or prision mayor in its minimum period shall be imposed upon any person found guilty of Section );.: hereof without the benefit of the operation of the Indeterminate Sentence 1aw. If the offender is a public officer or a candidate, the penalty shall be prision mayor in its minimum period. In addition, the offender shall be sentenced to suffer perpetual disqualification to hold public office and deprivation of the right to vote. Immigrants and permanent residents who do not resume residence in the !hilippines as stipulated in their affidavit under Section G (d+ within three (:+ years after approval of hisBher registration under this "ct and yet vote in the ne t elections contrary to the said section, shall be penalized by imprisonment of not less than one (5+ year, and shall be deemed disqualified as provided in Section G (c+ of this "ct. MisBher passport shall be stamped >not allowed to vote?. IA #/IH,IH< /- */,ES 0"HHE% 5. ,he 4oard of Election Inspectors shall read the ballots publicly and shall not postpone the count until it is completed. (Section )62, 4! DD5+ ). ,he 4oard of Election Inspectors shall assume such positions as to provide the watchers and the public unimpeded view of the ballot being read. (Section )G, %" 7522+ :. If on account of violence or similar causes it becomes necessary to transfer the counting of the votes to a safer place, the 4EI may effect the transfer by unanimous approval of the board and concurrence of a ma'ority of the watchers present. (Section 5D, %"22;2+ ;. Jhere a commotion resulted in suspension of the counting, the 4EI may recount the ballots. (8ayag vs. "lonzo+ S!E#I"1 !%/41E0S
5. E cess 4allots If there are e cess ballots, the poll cler$ shall draw out as many ballots equal to the e cess without seeing them, and the e cess ballots shall not be counted. (Section )67, 4!DD5+ ). Spoiled ballots 4allots in the compartment for spoiled ballots are presumed to be spoiled ballots. If the 4EI finds that a valid ballot was erroneously deposited in the compartment for spoiled ballots. It shall be counted. (Section )6F, 4!DD5+ :. 0ar$ed 4allot a+ 0ar$ed ballots shall not be counted (Section )6D, 4!DD5+ b+ " ballot is considered mar$ed in any of the following cases: 3 ,he voter signed the ballot. (-errer vs 8e "lban, 565 phil 56+ 3 ,here were variations in the style of writing 3 ,he name of a a candidate was written more than twice 3 ,he voter wrote the names of well&$nown public figures who are not candidates such as actors, actresses and national political figures. (!rotacto vs. 8e 1eon, F S#%" ;7)+ 3 ,he ballot contains irrelevant e pression.(4autista vs. #astro,)62 S#%" :6G+. Mowever, the use of nic$names and appellations of affection and friendship, if accompanied by the name of the candidate does not annul the ballot e cept when it is used to identify the voter. (Section )55 (5:+, 4!D55+ c+ Evidence aliunde is not necessary to prove a ballot as mar$ed. (4acobo vs. #/0E1E#,5F5 S#%" G72+ d+ " ballot in which a stic$er was stuc$ by another person to invalidate it should not be re'ected. (1erias vs. M%E,,)6) S#%" D6D+ %I1ES -/% "!!%E#I",I/H /- 4"11/,S 5. " ballot in which the first name or surname of a candidate is written should be counted for him, if there is no other candidate with the same name. (1erias vs. M%E,,)6) S#%" D6D+ ). If only the first name of a candidate is written and it sounds li$e the surname of another candidate, the vote shall be counted in favor of the latter.
:. If there are two or more candidates with the same name and one of them is incumbent, the vote shall be counted in favor of the incumbent. ;. Jhen two or more words are written on different lines which are the surnames of two or more candidates with the same surname of an office for which the law authorizes the election of more than one, the vote shall be counted in favor of all the candidates. Jith the same surname. G. Jhen the word written is the first name of one candidate and the surname of another candidate, the vote shall be counted for the latter.
5:. If the candidate voted for e ceed the number of those to be elected, the votes for the candidates whose names were firstly written equal to the number of candidates to be elected shall be counted. 5;. Even if the name of a candidate was written on the wrong space, it should be counted if the intention to vote for him can be determined, as when there is a complete list of names of other offices written below his name or the voter wrote the office for which he was electing the candidate. (#ordero vs.0oscardon,5:) S#%" ;5;+ S,%"L 4"11/,
2. If the ballot contains the first name of one candidate and the surname of another, the vote shall not be counted for either. 7. "n incorrectly written name which sounds li$e the correctly written name of a candidate shall be counted in his favor(4autista vs #astro,)62 S#%" 262+ D. If the word written is the incidental name of two or more candidates for the same office none of whom is incumbent, the vote shall be counted in favor of the candidate who belongs to the same tic$et as all other candidates voted for in the ballot for the same constituency. F. ,he erroneous initial of the first name accompanied by the correct surname of a candidate or the erroneous initial of the same accompanied by the correct first name of a candidate shall not annul the vote in his favor. 56. " ballot in which the correct first name but wrong surname of a candidate is written or the correct surname but wrong first name of a candidate is written ,shall not be counted in his favor. 55. Jhere a candidate named !edro "lfonso died on the eve of the election and his daughter Irma "lfonso substituted him, ballots in which the name !edro alfonso was written cannot be counted in her favor. ("fonso vs. #/0E1E#,):) S#%" 777+ 5). If two or more candidates were voted for in an office for which the law authorizes the election for only one, the vote shall not be counted in favor of any of them.
%ule 5; of section )55 of the /mnibus Election #ode considers three $inds of votes as stray: (5+ a vote containing initials only,()+ a vote which is illegible, and ( :+ a vote which does not sufficiently identify the candidate for whom it is intended. (*illarosa vs. M%E,,:;6 S#%" :F2+ ,he rule is in favor of the validity of the ballot, not otherwiseO ,he appearance of print and script writings in a single ballot does not necessarily imply that two persons wrote the ballotO !aragraph 5D,section 5;F of the %E#, provides that unless it should clearly appear that it has been deliberately put by the voter to serve as identification mar$, the use of two or more $inds of writing shall be considered innocent and shall not invalidate a ballot.. Inder Section )55(5F + of the /E#, any vote in favor of a person who has not filed a certificate of candidacy or in favor of a candidate for an office for which he did not present himself shall be considered as an astray vote, but it shall not invalidate the whole ballotO ,he une plained presence of prominent letters and words written with remar$ably good hand mar$ed the ballots and must be considered invalidO Jhen in a space in the ballot there appears a name of candidate that is erased and another clearly written, the vote is valid for the latterO incorrect spelling of a candidateNs name does not invalidate the ballotUfor even the most literate person is bound to commit a mista$e in spelling. (/ng vs. #/0E1E#, :;7 S#%" 2D5+
#/%%E#,I/H /- %E,I%HS 5. 4efore the announcement of the results of the election in a precinct, any correction or alteration in the election returns must be initialed by all members of the 4EI. ). "fter the announcement of the results in a precinct, the authorization of the #/0E1E# is needed to ma$e any correction or alteration. 3 If the petition is by all members of the 4EI, the results of the election will not be affected, and none of the candidate affected ob'ects, the #/0E1E#, upon being satisfied of the veracity of the petition, shall order the correction. 3 If a candidate affected by the petition ob'ects and the correction will affect the results of the election, the #/0E1E# shall order a recount of the votes, if it finds the petition meritorious and the integrity of the ballot bo has not been violated (section )52, 4! DD5+
5. #ongress a. !resident b. vice president ). #/0E1E# a. Senators b. %egional /fficials :. !rovincial board of canvassers a. #ongressman b. !rovincial officials ;. 8istrict 4oard of #anvassers in each legislative district in 0etro 0anila a. #ongressman b. 0unicipal official G. #ity and 0unicipal 4oard of #anvassers a. #ongressmen b. #ity and municipal officials 2. 4arangay 4oard of #anvassers a. 4arangay officials SI!E%*IS/%L !/JE% /*E% ,ME 4/"%8 ,he #/0E1E# e ercises direct supervision and control over the proceedings before the board of canvassers (0astura vs. #/0E1E#, )DG S#%" ;F:+ H",I%E /- 8I,L /- 4/"%8 /- #"H*"SSE%S
JM", #/HS,I,I,E "H E1E#,I/H !lurality of votes sufficient for choice Hot necessary that a ma'ority of voters should vote #E%,I-I#",E /- */,ES ,he 4EI shall issue a certificate of the number of votes received by a candidate upon request of a watcher. (Section 52, %"22;2+ ,he certificate of votes is admissible in evidence to prove anomaly in the election return when authenticated by testimony or documentary evidence of at least two members of the 4EI.
5. 0inisterial& it has only the ministerial tas$ of tallying the votes as reported in the election returns and declare the results, and cannot e ercise the 'udicial power of deciding an election contest. ,he correction of the manifest mista$e in the mathematical addition calls for a mere clerical tas$ on the part of the board. ,he remedy is purely administrative. (,atlonghari vs. #/0E1E#,5FF S#%" 5FF+ ). .uasi&Kudicial& ,he #omelec e ercises 'udgment or discretion to determine whether any given return before it is genuine in connection with the canvass of votes. !%/#E8I%E
A. #"H*"SSIH< "H8 !%/#1"0",I/H #"H*"SSIH< 4/8IES 5. ,he #/0E1E# has direct control and supervision over the board of canvassers e cept congress. It may motu proprio relieve at any time and substitute any member of the board of canvassers. (section ))7, 4! DD5+
3 " municipal court has no 'urisdiction to restrain the municipal board of canvasser. (1ibrados vs. #asar,):; S#%" 5:+ ). 0anner of delivery of election %eturn a. ,he 4EI shall personally deliver to the city or municipal board of canvassers the copy of the election returns intended for them sealed in an envelop, signed and thumbmar$ed by the members of the 4EI. ,he fact that an election return was not loc$ed in the ballot bo when it was delivered to the board of canvassers is not ground for e cluding it in the absence of proof that it was tampered with (!imentel vs. #omelec,5;6 S#%" 5)2+ b. ,he 4EI shall personally deliver to the provincial and district board of canvassers the copy of the election returns intended for them to the election registrar. c. Jatchers have the right to accompany the members of the 4EI and the election registrar during the delivery of the election returns to the board of canvassers. (section ))F, 4! DD5+ %I<M,S /- #"H8I8",ES 5. Every registered political party and candidate is entitled to one watcher in the canvassing center, but candidates for the local legislative bodies belonging to the same party are entitled collectively to one watcher. ,he fact that the watcher of a candidate was not present when the canvassing was resumed because he was notified is not a ground to annul the canvass. (.uilala vs. #/0E1E#,5DD S#%" F6)+ ). "ny registered political party and candidate has the right to be present and to counsel a. only one counsel may argue for each party of candidate= no dilatory action shall be allowed :. !roblem areas a. 1ost return 3 If any election return has been lost, upon prior authority of the #/0E1E#, the board of canvassers may use authentic copy of it or a certified copy of it issued by the #/0E1E#(Section )::,4! DD5+. It is not necessary that all the other copies shall be considered.
3 If an election return is missing a recount should not be ordered if there is any authentic copy available(/ng vs. #/0E1E#, )52 S#%" D22+ 3 If all copies of the Election returns were lost, a recount of the ballots should be made. 3 ,he certificate of votes signed by the 4EI and tally board cannot be used for the canvass, because only election returns are evidence of the results of the election. (<aray vs #/0E1E#, )2) S#%" )))+ b. /mission in the return 3 in case of an omission in the election return of the names of a candidate or his votes, the board of canvassers shall require the 4EI to complete it. 3 If the votes omitted cannot be ascertained e cept by recounting the ballots, after ascertaining the integrity of the ballot has not been violated, the #/0E1E# shall order the 4EI to count the votes for the candidate whose votes were omitted and to complete the return. Since the omission of the election return on the number of votes certain candidates received is not a discrepancy, a recount of the vote should be ordered instead of e cluding the election return in the canvassing. (!atoray vs. #/0E1E#,);F S#%" ;F6+ c. ,ampered or falsified return 3 If the election return submitted to the board of canvassers was tampered with or falsified or prepared under duress or by persons other than the 4EI, the board shall use the other copies of the election return. 3 If the other copies of the election returns were also tampered with or falsified or prepared under duress or by persons other than the 4EI, the #/0E1E# after ascertaining that the integrity of the ballot bo has not been violated,shall order the 4EI to recount the votes and prepare a new return. 3 If the certificate of canvass was tampered with, the #/0E1E# may order that any of the copies of the election returns be used in ma$ing a new canvass.(0astura vs. #/0E1E#,)2G S#%" ;F:+ 3 Since an election return prepared without counting the ballots is a fabrication, it should not be counted and a count of the ballot should be ordered.( 1ucero vss. #/0E1E#,):; S#%" )D6+ d. 8iscrepancies in returns If there are discrepancies in the other authentic copies of the return or in the words or figures in the same return and it will affect the result of the election, the #/0E1E#, after ascertaining that the integrity of the ballot bo has not been violated, shall order the recount of the ballots.
If there is discrepancy between the tally and the written figures in the election return, it should be e cluded from the canvassing and a recount of the ballots should be made or the certificate of votes cast in the precinct should be used. (!atoray vs. #/0E1E#,);F S#%" ;;6+ !%/#1"0",I/H 5. "n incomplete canvass of votes is illegal cannot be a basis of a valid proclamation (Samad vs. #/0E1E#,)); S#%"2:5,1oong vs. #/0E1E#,)G7 S#%" 5+ a canvass cannot be reflective of the true vote of the electorate unless all returns are considered and none is omitted (#aruncho III vs. #/0E1E#,:5G S#%" 2F:+ ). If the questioned election returns will not affect the result of the election, a proclamation may be made upon the order to the #/0E1E# after notice and hearing. :. " proclamation made where the contested returns set aside will affect the result of the election and the board of canvassers proceeded to proclaim without the authority from the #/0E1E# is null and void. (Sema vs. #/0E1E#,:;7 S#%" 2::+ ;. ,he mere filing of a petition for disqualification is not a ground to suspend the proclamation of the winning candidate&in the absence of an order suspending proclamation, the winning candidate who is sought to be disqualified is entitled to be proclaimed as a matter of law. (4agatsing vs ##/0E1E#,:)6 S#%" D57+ G. -iling of pre&proclamation controversy under );;D of 4!DD5 is not the only grounds for the suspension of proclamation. 2. ,he proclamation of a winning candidate cannot be annulled if he has not been notified of the motion to set aside his proclamation. (#aruncho vs. #/0E1E#,:5G S#%" 2F:+ 7. ,he fact that the candidate who obtained the highest number of votes is later declared to be disqualified or nor eligible for the office to which he was elected does not necessarily entitle the candidate who obtained the second highest number of votes to be declared the winner of the elective officeO ,o allow the defeated and repudiated to ta$e over the mayoralty despite the re'ection by the electorate is to disenfranchise the electorate without any fault of their part and to determine the importance and meaning of democracy and the peopleNs right to elect officials of their choiceO #ourt a quo correctly held that the second placer lost the elections and was repudiated by either a ma'ority or plurality of voters. (1oreto vs. 4rion,:55 S#%" 2F;+ ,IE
5. " tie among two or more candidates for president or vice president shall be bro$en by ma'ority vote of both houses of congress voting separately (Section ;. "%, *II, !MI1 #/H,?H+ ). In the case of other positions, the ties shall be bro$en by the drawing of lots. -"I1I%E ,/ "SSI0E /--I#E If a candidate fails to ta$e his oath of office within 2 months from his proclamation, unless for a cause beyond the control of the elected official, his office will be considered vacant. (section 5), 4! DD5+ AI !%E&!%/#1"0",I/H #"SES ". 8efinition= coverage !re&proclamation controversy refers to any question pertaining to or affecting the proceedings of the board of canvassers which may be raised by any candidate or by any registered political party or coalition of political parties before the board or directly with the #ommission, or any matter raised under sections )::,):;,):G and ):2 in relation to the preparation, transmission, receipt, custody and appreciation of the election returns. (#hu vs. #/0E1E#,:5F S#%" ;D)+ In pre&proclamation controversy, the board of canvassers and the #/0E1E# are not to loo$ beyond or behind election returns which are on their face regular and authentic returns.(#MI,supra+ " pre&proclamation controversy is limited to an e amination of the election returns on their face& ,he #/0E1E# as a general rule need not go beyond the face of the returns and investigate alleged election irregularities. ,o require the #/0E1E# to e amine the circumstances surrounding the preparation of the returns would run counter to the rule that a pre& proclamation controversy should be summarily decided. Jhere the resolution of the issues raised would require the #/0E1E# to >pierce the veil? of election returns that appear prima facie regular, the remedy is a regular election protest. ,he office of pre&proclamation controversy is limited to incomplete, falsified or materially defective returns which appear as such on the face. (Sebastian *S #/0E1E#, :)7 S#%" ;62+ 4. KI%IS8I#,I/H
5. .uestions involving the legality of the composition or proceeding of the board of canvassers, e cept congress, may be raised initially in the board of canvassers or the #/0E1E#.(SE# 5G and 57, %" 7522+ ). .uestions involving the election returns and certificate of canvass should be brought in the first instance before the board of canvassers only (Section 57, %" 7522+ #. S#/!E /- !%E&!%/#1"0",I/H #/H,%/*E%SL ISSIES 5. !rovincial, city and municipal officials d. ,he composition of the proceeding of the board of canvassers is illegal e. ,he returns are incomplete, contain material defects, appear to be tampered with or falsified or contain discrepancies in the same returns or in other authentic copies= f. ,he returns were prepared under duress or are obviously manufactured or not authentic= g. Substitute or fraudulent returns were canvassed, the result of which materially affect the standing of the aggrieved candidate.
petitions for correction of manifest errors in the certificate of canvass or election returns even in elections for president, vice&president, senators and members of the Mouse of %epresentatives for the simple reason that the correction of manifest error will not prolong the process of canvassing nor delay the proclamation of the winner in the election. (Sandoval vs. #/0E1E#,:): S#%" ;6:+ ). ,he canvassing body may motu proprio or upon petition of an interested party correct manifest errors in the certificate of canvass or election return. (Sec 5G, %"7522+ i. " copy of an election return or certificate of canvass was tabulated more than once. ii. ,wo or more copies of the same election return or certificate of canvass were tabulated separately. iii. ,here was a mista$e in copying the figures into the statement of votes or certificate of canvass. Errors in addition in the certificate of canvass may be corrected. (/ng vs #/0E1E#,))5 S#%" 7G+ iv. %eturns from non&e istent precincts were included in the canvass ,he statement of votes cannot be corrected on the basis of a certification given to a watcher, since election returns are what are supposed to be the basis of the canvass. (%amirez vs. #/0E1E#,)76 S#%" :F6+ S,",IS,I#"1 I0!%/4"4I1I,IES "n election return which is statistically improbable is obviously fabricated and should not be counted. i. Jhere the votes cast in G6 precincts for the candidates for senators of one party equalled the number of registered voters, all the candidates for senators of that party received the same number of votes, and all the candidates for senators of the opposing party got no votes, the election returns are statistically improbable and are obviously fabricated.(1agumbay vs. #limaco, 52 S#%" 57G+ ii. Jhere only one candidate of a party got all the votes in some precincts and his opponent got zero, the other candidates for the other party for other positions received votes, the number of votes cast were less than the number of registered voters, the election returns are not statistically improbable. (Sang$i vs #/0E1E#, )5 S#%" 5:F5+sss
:. !resident, vice president, senators, congressmen and barangay officials Ho pre&proclamation case is allowed regarding the preparation, transmission, receipt, custody and appreciation of the election return or certificate of canvass.(#haves vs #/0E1E#,)55 S#%" :5G+ E%%/%S IH ,ME #E%,I-I#",E /- #"H*"SS #orrection of manifest errors has reference to errors in the election returns, in the entries of the statement of votes by precinctBper municipality, or in the certificate of canvassO a manifest clerical error is one that is visible to the eye or obvious to the understanding, and is apparent from the papers to the eye appraiser and the collector, and does not include an error which may, by evidence dehors the record to be shown to have been committed. (,rinidad vs. #/0E1E#,:)6 S#%" D:2+ 5. Jhile the first sentence of section 5G of %" 7522 prohibits candidates in the presidential, *ice presidential, senatorial and congressional elections from filing pre&proclamation case, the second sentence allows the filing of
iii. ,he mere fact that a candidate receive overwhelming ma'orities over another candidate in numerous precinct does not ma$e the election return statistically improbable. (Ilarde vs. :5 S#%"75+ iv. ,he mere fact that the percentage of turnout of voters was high and that a candidate received high percentage of the votes does not ma$e the election returns statistically improbable.(8oruelo vs. #/0E1E# ,5:: S#%" :72+ v. ,he bare fact that candidate for public office had received zero vote is not enough to ma$e returns statistically improbable (/campo vs.#/EE1%#,:)GS#%" 2:2+ v. Standing alone without more, the bare fact that a candidate for public office had receive zero votes in one or two precincts can not adequately support a finding that the sub'ect election returns are statistically improbable& the doctrine of statistical improbability must be viewed restrictively, the utmost care being ta$en lest in penalizing the fraudulent and corrupt practices, innocent voters become disenfranchisedO,he doctrine of statistical improbability involves a question of fact and more prudential approach prohibits its determination e parte.(*elayo vs. #/0E1E#,:)7 S#%"75:+ ISSIES H/, %ES/1*"41E IH !%E&!%/#1"0",I/H #/H,%/*E%SL 5. Issues involving the casting or the counting of the ballots are not proper in pre& proclamation cases. a+ ,he use of illegal election propaganda, vote&buying and terrorism of the voters are not proper issues in a pre&proclamation case. (*illegas vs. #/0E1E#, FF S#%" GDF)+ b+ .uestions on the appreciation of the ballots can not be raised in pre& proclamation case. ("lfonso vs.#/0E1E#, ):) S#%" 777+,hus, the claim that a candidate was not credited with votes cast for him because his name was similar to that of another disqualified candidate cannot be raised in a pre&proclamation case.(#havez vs. #/0E1E#, )55 S#%" :5G+ 1i$ewise, the claim that some ballots were spurious, mar$ed or invalid cannot be raised in a pre& proclamation case. (!ataray vs. #/0E1E#,)7; S#%" ;76+ c+ ,errorism of voters, voting by flying voters, deprivation of the right to vote of registered voters and vote buying cannot be raised in a pre&proclamation case ("llarde vs. #/0E1E#,5GF S#%" 2):+ d+ *ote buying and secrecy in the preparation of ballots are not proper grounds for pre&proclamation case (Salazar vs. #/0E1E#,5D; S#%" ;::+ e+ ,he claim that the voters were allowed to vote without verifying their identities, that there were discrepancies between the signatures in the voter9s
affidavits and the voting record, and third persons falsely voted for voters who did not vote are not proper issues in a pre&proclamation case (8ipatuan vs. #/0E1E#,5DG S#%" D2+ f+ ,echnical e amination of the signatures and thumbprints of the voters to prove substitute voting is not allowed in a pre&proclamation case. (4alindong vs. #/0E11E#,)26 S#%" )F;+ g+ ,he padding of the list of voters cannot be raised in a pre&proclamation case, since it does not involve the election return. (Itutahan vs. #///0E1E#,5DF S#%" ::G+ h+ ,he fact that the voting was sham or minimal is not a ground for filing a pre&proclamation case, since this is properly cognizable in an election protest.(Salih vs. #/0E1E#,)7F S#%" 5F+ i+ ,o loo$ beyond or behind election returns is not a proper issue in pre& proclamation controversy (/campo vs. #/0E1E#, :)G S#%" 2:2+ '+ ,he fact that the counting of the votes was not completed because of the e plosion of grenade and that no election was held cannot be raised in a pre& proclamation case, as these are irregularities that do not appear on the face of the election returns. (0atalam vs. #/0E1E#,)75 S#%" 7::+ ). "dministrative lapses which do not affect the authenticity of an election return cannot serve as basis for annulling the election return. a+ ,he failure to close the entries in the election returns with the signature of the 4EI, lac$ of seals, absence of time and date of receipt of election return by the board of canvassers, lac$ of signature of watchers of the petitioner, and the lac$ of authority of the person who received the election returns do not affect the authenticity of the returns. (4aterina vs. #/0E1E#,)6G S#%" 5+ b+ ,he absence of the signature of the claimant of the 4EI on the voterNs affidavits, list of voters and voting records, absence or e cess of detachable coupons, discrepancies between the member of detachable coupons and the number of ballots, missing voterNs lists are mere administrative omissions and cannot be used as basis to annul an election return. ("rroyo vs. M%E,, );2 S#%" :D;+ :. Jhere the threats of the followers of a candidate did not affect the genuineness of an election return, it should not be e cluded (Salvacion vs. #/0E1E#,576 S#%" G5:+ SI00"%L 8IS!/SI,I/H /- !%E&!%/#1"0",I/H #/H,%/*E%SL
5. Summary proceedings cannot be stretched to mean e parte proceeding& summary simply means with dispatch, with the least possible delay, signifying that the power may be e ercised without trial in the ordinary manner prescribed by law for regular 'udicial proceedings.(*elayo vs.#omelec,:7) S#%" 75:+ ). %" 7522 e plicitly provides that it is only on the basis of the official records that the #/0E1E# can decide the pre&proclamation controversy in a summary manner. (*elayo vs. #/0E1E#,:)7 S#%" 75:+ :. "ll pre&proclamation controversies on election returns or certificates of canvass shall be disposed of summarily&first by the record of canvassers and then. 4y the #/0E1E#. (#hu vs. #/0E1E#, :5F S#%" ;D)+ ". !rocedure in contested composition or proceeding of the 4oard of #anvassers ,he illegality of the composition of the board of canvassers cannot be questioned after the proclamation of the winner, since it must be raised immediately. (1aodenio vs. #/0E1E#,)72 S#%" 76G+ ,he ruling of the board of canvassers on question affecting its composition or proceeding may be appealed to the #//0E1E# in : days.(Section 5F %" 7522+ 4. !rocedure in case of contested returns 5. /b'ections to an election return shall be submitted orally to the chairman of the board of canvassers at the time the return is presented for inclusion in the canvass and shall be entered in the form for written ob'ection(Sec )6 (a+ and (c+,%" 7522+ a. "n ob'ection made after the canvass is late.(<uiao vs Bcomelec,5:7 S#%" :G2,Havarro vs #/0E1E#,))D S#%" GF2+ b. a petition for correction of the statement of votes may be filed after the proclamation of the winner, although no ob'ection was made during the canvass, as error was discovered only after the petitioner got a copy of the statement of votes. (8uremdes vs. #/0E1E#,57D S#%" 7;2+. It must be filed not later than G days after the proclamation.(Section G(b+, %ule )7 of #/0E1E# rules of procedure+ Mowever, the five&day deadline is not applicable to a petition for the annulment of proclamation of a candidate when it was his opponent who obtained the ma'ority for what was corrected was not the entries but the computation of the votes. (0entang vs. #/0E1E#,))F S#%" 222+
Inder the #/0E1E# %ules of procedure, a petition for correction of the certificate of canvass may be filed even before the proclamation of the winner. (4ince vs. #omelec,);) S#%")7:+ " petition for correction of manifest errors in the statement of votes can be decided by the #/0E1E# en banc at the first instance, since it does not involve an election protest or a pre&proclamation case (%amirez vs. #/0E1E#,)76 S#%" GF6+ ,he #/0E1E# has the power to order the correction of the statement of votes to ma$e it conform to the election returns. (#astromayor vs. #/0E1E#,)G6 S#%" )FD+ ). ,he canvass of any contested return shall be deferred and the board of canvasser shall proceed to canvass the uncontested return (Section )6(b+,%" 7522+ :. Jithin ); hours, the ob'ecting party shall submit evidence in support of the ob'ections. ;. Jithin ); hours after presentation of the ob'ection, a party may file a written opposition and attach the supporting evidence.(Section )6c, %" 7522+ G. ,he board of canvassers shall summarily rule in the contested returns (Section )6(d+,%" 7522+ 2. " party who intends to appeal should immediately inform the board of canvassers. Jithin ); hours he must file a written and verified notice of appeal with the board of canvassers and ta$e his appeal to the #/0E1E# within G days. (section )6(f+,%" 7522+ a. "ppellate 'urisdiction ,he %,# has H/ 'urisdiction to review the decision of the municipal board of canvassers to correct a certificate of canvass.(#abanero vs #"+ ,he %,# has no 'urisdiction to compel the municipal board of canvassers, which suspended the proclamation because of a possible discrepancy in the election return, to ma$e a proclamation. (In re #/0E1E# %esolution no.)G)5,):; S#%" 5+ b. !eriod of appeal Since the proclamation of a candidate who finished second made after the candidate who got the highest number of votes was $illed is patently void, a late appeal should be allowed. (4enito vs. ##/0E11E#,):G S#%"S ;:2+
,he #/0E1E# cannot by regulation shorten the period to question its decision before the S# for under the #onstitution the period of :6 days can be shortened by law only.(Sardea vs. #/0E11E#,))G S#%" :7;+ 7. ,he #/0E1E# shall decide the appeal within 7 days from receipt of the records, and the decision shall be e ecutory after 7 days from receipt by the losing party. (Sections 5D and )6(f+, %" 7522+ ,E%0IH",I/H /- !%E&!%/#1"0",I/H #"SE /nce a proclamation has been made, the pre&proclamation case is no longer viable and should be dismissed (Sardea vs. #/0E1E#+. Mowever this rule presupposes the proclamation is valid. It does not apply if the proclamation is void, because it was based on incomplete returns.(0atalam vs. #/0E1E# )75 S#%" 7::+. ,he same holds true if the returns were manufactured. ("gbayani vs. #/0E1E#,5D2 S#%" ;2;+. ,he same hols true where the computation of votes was erroneous. (0entang vs. #/0E1E#,))F S#%" 22F+ "ll pre&proclamation cases pending before the #/0E1E# shall be terminated at the beginning of the term of the office (noon of Kune :6+ involved, and the rulings of the board of canvassers shall be deemed affirmed, without pre'udice to the filing of an election protest by the aggrieved party. (!enaflorida vs. #/0E1E#,)D) S#%" );5 "nd 4arroso vs "mpig,:)D S#%" G:6+ ,he pre&proclamation case should no longer be decided if e clusion of the questioned election return will not change the result of the election. (0atalam vss. #/0E1E#,)75 S#%" 7::+ E--E#, /- -I1IH< "H E1E#,I/H !%/,ES,,.I/ J"%%"H,/ 5. "s a general rule, the filing of an election protest or a petition for quo warranto precludes the subsequent filing of a pre&proclamation controversy, or amounts to the abandonment of one earlier filed. (0aruhom vs. #/0E1E#,::5 S#%" ;7:+ ). ,he filing of an election protest results in abandonment of a pre& proclamation case even if the protest alleged it was filed as a precautionary measure, if he did not e plain why.(1aodenio vs. #/0E1E#,)72 S#%" ;6G+ :. ,he rule that the filing of a protest implies abandonment of the pre& proclamation case does not apply if:
i. ,he protest was filed as a precautionary measure (0itmug vs. #/0E1E#,):6 S#%" G;+ ii. ,he board of canvassers was improperly constituted, as when the 0unicipal ,reasurer too$ over the canvassing without having been designated. (Saman vs. #/0E1E#,)); S#%" 2:5+ #/H,IHI"H#E /- ,ME #"SE If the petition appears meritorious on the basis of the evidence presented so far, the #/0E1E# or the S# may order the case to continue. (Section 52, %" 7522+
!%/#1"0",I/H 5. ,he 4oard of #anvassers shall not ma$e any proclamation without any authorization from the #/0E1E# (Kamil vs #/0E1E#,)D: S#%" :;F+ ). !roclamation may be made if the contested returns will not adversely affect the results of the elections. (Section )6 (i+, %" 7522+ :. ,he #/0E1E# may order the proclamation of other winning candidates whose election will not be affected by the pre&proclamation case. (Section )5, %" 7522+ ;. " candidate for mayor who finished second cannot be proclaimed simply because the candidate who received the highest number of votes died, since he was not the choice of the people. (4enito vs. #/0E1E#, ):::G S#%" ;:2+ G. ,he wreath of victory cannot be transferred from the disqualified winner to the repudiated loser because the law then as now only authorizes a declaration of election in favor of the person who has obtained a plurality of votes to be declared elected. (Sunga vs. #/0E1E#,)DD S#%" 72+
"HHI10EH, /- !%/#1"0",I/H 5. ,he #/0E1E# can annul a proclamation because of an error in the computation of the votes in the statement of votes since the proclamation is void.(,orres vs. #/0E1E#,)76 S#%" GD:+
). Jhere the #/0E1E#, without prior notice and hearing, annulled the proclamation of a winning party and directed the 0unicipal 4oard of #anvassers to reconvene and effect corrections in the total number of votes received by the candidates and thereafter proclaim the winner, the e pedient action to ta$e is to direct the 0unicipal 4oard of #anvassers to reconvene and. after notice and hearing in accordance with rule )7, section 7 of the #/0E1E# %ules of !rocedure, to effect the necessary correction, if any, in the election returns and, on the basis thereof, proclaim the winning candidate or candidates as members of the Sangguniang 4ayan( "ngelia vs. #/0E1E#,::) S#%" 7G7+ :. It is improper for the #/0E1E# to annul the proclamation of a winning candidate on the basis of new and additional evidence which were not presented before the 4oard of #anvasssers and which were not furnished to the said candidateO %eliance should not be placed on mere affidavits for the purpose of annulling a winning candidateNs proclamation. (*elayo vs. #/0E1E#, :)7 S#%" 75:+ ;. " proclamation subsequently declared void is no proclamation at all and while a proclaimed candidate may assume office on the strength of the proclamation of the 4oard of #anvassers he is only a presumptive winner who assumes office sub'ect to the final outcome of the election protest. (1onzanida vs. #/0E1E#, :55 S%" 26)+ E1E#,I/H #/H,ES,S ". Kurisdiction 5+ Supreme #ourt (!residential Electoral ,ribunal+ 5. 3 !resident 3 *ice&!resident ( Sec. ;, "rt *II, !hil. #onst+ )+ Senate Electoral tribunal 3 Senators (Sec 57, "rt *I, !#+ :+ Mouse of %epresentatives Electoral ,ribunal 3 #ongressmen ( Sec 57, "rt *I, !#= Sampayan vs. 8aza, )5: S#%" D67+
;+ #ommission on Elections 3 %egional /fficials 3 !rovincial /fficials 3 #ity /fficials ( Sec )()+. "rt IA&#, !#= Sec );F 4! DD5+ G+ %egional ,rial #ourt 3 0unicipal /fficials ( Sec )()+, "rt IA&#, !#= Sec )G5, 4! DD5, !apandayan vs. #/0E1E# , ):6 S#%" ;2F+ 2+ 0etropolitan ,rial #ourt, 0unicipal #ircuit ,rial #ourt, and 0unicipal ,rial #ourt 3 4arangay /fficials P Sec )()+, "rt IA&#, !#= Sec )G) 4! DD5= %egatcho vs. #leto, 5)2 S#%" :;)Q 3 Sangguniang Eabataan ( Sec 5, %" 7522+ 4. "ction which may be filed i. Election !rotest %equisites: i. 0ust be filed by any candidate who has filed a certificate of candidacy and has been voted upon for the same office. ii. /n ground of fraud, terrorism, irregularities or illegal acts committed before, during or after the casting and counting of votes iii. Jithin 56 days from the proclamation of the results of the election. ii. .uo Jarranto %equisites: i. -iled by any registered voter in the constituency ii. /n grounds of ineligibility or disloyalty to the %epublic of the !hilippines iii. Jithin 56 days from the proclamation of the results of the election # !rocedure 5. !eriod of filing contest a. !eriods i. !resident and *ice&!resident 5+ !rotest& :6 days ( %ule 5;, %ules of !residential Electoral ,ribunal+ )+ .uo Jarranto& 56 days ( %ule 5G, %ules of !residential Electoral ,ribunal+ ii. Senators 5+ !rotest 5G days ( %ule 5;, %evised %ules of Senate Electoral ,ribunal+ )+ .uo Jarranto 56 days ( %ule 5G, %evised %ules of Senate Electoral ,ribunal+
iii. #ongressmen& 56 days ( %ule 52 and 57.5FFD %ules of Mouse of %epresentatives Electoral ,ribunal+ iv. %egional, provincial and city officials&56 days ( Sec )G6 and )G:, 4! DD5= %epublic vs. 8ela %osa, ):) S#%" 7D+ v. 0unicipal /fficials& 56 days ( Secs )G5 and )G:, 4! DD5+ vi. 4arangay /fficials 56 days ( Sec )G) and )G:, 4! DD5+ vii. Sangguniang Eabataan& 56 days ( Sec 5, %" 7D6D+ b. E ceptions i. ,he period to file an election protest or quo warranto case is suspended from the filing of a pre&proclamation case until receipt of the order dismissing the case. (Sec );D, 4! DD5= <atchalian vs #" , S#%" )6D+ ii. If the dismissal was elevated to the Supreme #ourt , the period does not run until receipt of the dismissal by the Supreme #ourt, because review by the Supreme #ourt is part of the proceeding.(<allardo vs %imando, 5D7 S#%" ;2:+ iii. ,he running of the reglementary period to file an election protest is tolled by a partyNs elevation to the Supreme #ourt of a #/0E1E# decision resolution of proclamation case. ( %oquero vs #/0E1E# , )DF S#%" 5)6+ iv. ,he period to file an election protest is suspended by the filing of the petition to annul the proclamation of the winner (0anahan vs 4ernardo, )D: S#%" G6G+ v. Since the filing of a pre&proclamation case merely suspends the running of the period to file an election protest, only the balance of the period is in case of dismissal. ( %oquero vs #/0E1E# , )DF S#%" 5G6+ vi. Jhere the evidence of the lac$ of -ilipino citizenship of a provincial official was discovered only 5D months after his proclamation, the quo warranto case should be allowed even if it filed more than 56 days after his proclamation. ( -rivaldo vs #/0E1E# , 57; S#%" );G+ ). !rotestant or !etitioner !resident and *ice&!resident i. protest& #andidate with second or third highest number of votes ( %ule 5;, %ules of !residential Electoral ,ribunal+ ii. .uo Jarranto& any voter ( %ule 5G, %ules of !residential Electoral ,ribunal+ Senator
i. !rotest& any candidate ( %ule 5;, %evised %ules of Senate Electoral ,ribunal+ ii. .uo Jarranto& any voter ( %ule 5G, 5FFD %ules of Senate Electoral ,ribunal+ #ongressmen i. !rotest& any candidate ii. .uo Jarranto& "ny voter ( %ule 57, 5FFD %ules of Mouse of %epresentatives Electoral ,ribunal+ %egional, provincial, #ity /fficials i. !rotest& any candidate ( Sec )G6, 4! DD5+ ii. .uo Jarranto& any voter ( Sec )G:, 4! DD5+ 0unicipal /fficials i. !rotest& any candidate& ( Sec )G5 , 4! DD5+ ii. .uo Jarranto& any voter ( Sec )G:, 4! DD5+ 4arangay /fficials i. !rotest& any candidate& ( Sec )G), 4! DD5+ ii. .uo Jarranto& any voter ( Sec )G:, 4p DD5+ !ayment of 8oc$et -ee Jhen the protestant included a claim for attorneyNs fees in his protest and paid the doc$et fee for his claim for attorneyNs fees but did not pay the basic doc$et fee for the election protest , the election protest should be dismissed. ( <atchalian vs #", );G S#%" )6D+ "llegations in !rotest 3 "n election protest should contain the following 'urisdictional allegations: 3 ,he protestant is a candidate who duly filed a certificate of candidacy and was voted for in the election 3 ,he protestee has been proclaimed elected 3 ,he date of proclamation ( 0iro vs #/0E1E#, 5)5 S#%" ;22+ 3 "n election protest which does not specify the precinct where the alleged irregularities occurred is fatally defective . (!ena vs M%E, , )76 S#%" :;6+
3 Substantial compliance is sufficient . ,hus the following allegations sufficiently comply with the first requirement. 3 ,he protestant received a certain number of votes ( "nis vs #ontreras, GG !hil F)F+ 3 ,he protestant finished second in the election ( "li vs #-I of 1anao, D6 !hil G62+ 3 ,he protestant was a candidate voted for in the election with a valid certificate of candidacy for mayor ( !amania vs !ilapil, D5 !hil )5)+ 3 ,he protestant was one of the registered candidates voted for and he received a certain number of votes ( Kalandoni vs Sarcon, F; !hil )22+ 3 ,he protestant was the official candidate of a Pparticular political party and received a certain number of votes ( 0aquinay vs 4leza, 566 S#%" 76)+ 3 ,he protestant was a candidate for governor and was voted for. ( 0acias vs #/0E1E#, 5D) S#%" 5:7+ 3 Even if the protest did not allege the date of the proclamation, it can be determined from the records of the case that it was filed on time, as when the protest was filed on the tenth from the date the casting of votes was held, the protest should not be dismissed. (0iro vs #/0E1E#, 5)5 S#%" ;22+ *erificationB#ertificate of "bsence of -orum Shopping Jhen the petioner failed to state in his verification that the contents of the election protest are true and correct of his own personal $nowledge , said petition lac$s proper verification and should be treated an unsigned pleading and must be dismissed. ( Soller vs #/0E1E#, ::F S#%" 2DG+ 3 -orum Shopping e ists when the petitioner files multiple petitions or complaints involving the same issues in two or more tribunal or agencies. ( 8omingo vs #/0E1E#, :5: S#%" :55+ 3 ,he requirement that every initial pleading should contain certification of absence of forum shopping applies to election cases for #ircular Ho. 6;&F; does not distinguish ( 1oyola vs #" );G S#%" ;77, ,amarong vs 1ubguban, )2F S#%" 2);+ 3 S# "dm. #ircular Ho 6;&F; requiring a certification of non&forum shopping is applicable to election cases as it is mandatory . It is, however not 'urisdictional.. ,he filing of a certification of absence of forum shopping after the filing of the protest but within the period for filing a protest is substantial compliance. ( ,umarong, supra+ 3 ,he strict application of the non&forum shopping rule in election contests would not wor$ to the best interest of the parties and the electorate . "n election contest, unli$e an ordinary civil action , is clothed with public
interest&&& it involves not only the ad'udication of private and pecuniary interest of rival candidates but paramount to their claims is the deep public concern involved and the need of dispelling the uncertainty over the real choice of the electorate. ( 4arroso vs "mpig Kr, :)D S#%" G:6+ Koinder of Election !rotest and .uo Jarranto #ases 3 "n election protest and quo warranto case cannot be filed 'ointly in the same proceeding. Mowever, they can be filed separately. ( 1uisaon vs <arcia , <% Ho 1&56F52, 0ay 56, 5FG7+. If they were 'oined in an action , they should be ordered separated. ( !acal vs %amos, D5 !hil )6+ #omposition of 4oard of #anvassers 3 ,he illegality of the composition of the board of canvassers cannot be raised in a quo warranto case, as only the ineligibility or disloyalty of the winner can be raised in such case ( Samad vs #/0E1E#, )); S#%" 2:5+ #hange ,heory 3 Substantial "mendments to the election protest cannot be made after the e piration of the period for filing an election protest. ( "rroyo vs M%E,, )); S#%" :D;+ !reliminary 0otions " motion to dismiss and a motion for a bill of particulars may be filed in an election protest pending before the regular courts, since the #/0E1E# %ules of !rocedure are not applicable to the regular courts because of the e clusive rule&ma$ing power of the Supreme #ourt. ( "ruelo vs #", ))7 S#%" :55+ "nswer "n answer file out of time cannot be admitted ( Eho vs #/0E1E# )7F S#%" ;2:+ Jhere the answer of the protestee was filed out of time and a general denial was entered in favor of the protestee, the rule in civil cases that general denials operates as an admission is not applicable ( 1oyola vs M%E,, ))F S#%" F6+
" counter protest cannot be allowed if the answer was filed out of time ( 1im vs #/0E1E#, )D) S#%" G:+ #ash 8eposit " protestee who filed a counterclaim for attorneyNs fees cannot be required to file a cash deposit since a cash deposit is required only for a counter&protest ( %oa vs Inting, ):5 S#%" G7+ In'unction " protestee cannot be en'oined from assuming office because of the pendency of an election protest. Intil the case is decided against him, he has the right to assume office. ( #areno vs 8ictado, 526 S#%" 7GF+ Substitution a. Even if the protestee has resigned , the protest should continue , as a favorable 'udgement will be entitled the protestant to assume the office ( 8elos "ngeles vs %odriguez, ;2 !hil GFF+ ,he same holds true if the protestee accepted another position ( #alvo vs 0aramba, <% Ho 5:)62, Kanuary 7, 5F5D+ b. If the protestee died, he should be substituted by his successor such as the vice&mayor ( 8ela *ictoria vs #/0E1E#, 5FF S#%" G25+ Me cannot be substituted by his heirs, since public office cannot be inherited. ( "be'a vs ,anada, ):2 S#%" 26+ c. If it is the protestant who died, he should be substituted by the public official who would have succeeded him, such as the vice&mayor. ( 8e #astro vs #/0E1E# )27 S#%" D62+ 5;. "bandonment " defeated candidate for president who filed an election protest and ran for senator should be deemed to have abandoned the protest (Santiago vs %amos, )G: S#%" GGF+ 5G. Summary Kudgment "n election protest cannot be decided summarly, as summary 'udgment applies only to ordinary civil action for recovery of money (5FF S#%" ;;F+
52. /pening of 4allots Jhen an election protest is filed. ,he ballot bo es should be opened without requiring proof of irregularities, and misappreciation of ballots ( 0anahan vs 4ernardo, )D: S#%" G6G+ ,he revision of ballots in an election protest filed with #/0E1E# should be held in 0anila ( #abagnot vs #/0E1E#, )26 S#%" G6:+ 57. 8eferment of #ounter !rotest " protestee cannot as$ that before ma$ing the revision of the ballots involved in his counter&protest, the court first determine that the protestant would win on the basis of the revisions of the ballots involved in the protest ("be'a vs ,anada, ):2 S#%" 26+ 5D. #ertiorari Inder Sec G6 of 4! 2F7, the #/0E1E# has 'urisdiction over petitions for certiorari, prohibition and mandamus involving election cases pending before the courts whose decisions are appealabe to it ( %elampagos vs #Imba, );: S#%" 2F6=Edding vs #/0E1E# );2 S#%" G6)+ Jhere a petition for certiorari merely questioned the denial of the motion of the protestee for e tension of the time to answer, the #/0E1E# cannot affirm the decision of the merits in the election protest. ( "costa vs #/0E1E#, )F: S#%" G7D+ 5F. Evidence ,he genuineness of the handwriting in the ballots can be determined without calling handwriting e perts. ( Erni vs #/0E1E#, );: S#%" G7D+ Inless the original documents or certified true copies of them cannot be produced or photo&copies cannot be used as evidence ( "rroyo vs M%E,, );2 S#%" :D;+ 4allots cannot be e cluded on the ground that they were written by any person or were mar$ed on the basis of mere photo&copies, as they are not the best evidence ( Hazareno vs #/0E1E# )7F S#%" DF+
)6. 8emurrer " motion to dismiss for insufficiency of the evidence of the protestant has rested is a demurrer to the evidence. If it was granted but reversed on appeal , the protestee is deemed to have the right to present evidence ( Eno'as vs #/0E1E#, )D: S#%" ))F+ )5. 8ecision a. authentic election return cannot be annulled because the ballots were lost or destroyed ("rroyo vs M%E, );2 S#%" :D;+ b. If the winner is ineligible, the candidate who got the highest number of votes cannot be proclaimed elected as he did not get the ma'ority or plurality of the votes (Sunga vs #/0E1E#, )DD S#%" 72+ c. "ctual damages may be awarded in accordance with the law (Sec )GF, 4! DD5+ ,he loser cannot be ordered to reimburse the winner for the e penses incurred in the election protest for no law provides for it ( "tienza vs #/0E1E# ):F S#%" )FD+ d. ,he mere fact that the decision in favor of the protestant was reversed on appeal is not sufficient basis for the ruling that the protestant should be awarded attorneyNs fees because the protest was filed for harassment (0alaluan vs #/0E1E# )G; S#%" :F7+ e. Inder Sec )2;, par 5 of 4! DD5, as amended , the award of damages is no among the imposable penalties for the commission of any of the election offenses thereunder by any individual (%egalado vs #" :)G S#%" G52+ )). E ecution of Kudgment !ending "ppeal 4! DD5 and other election laws do not specifically provide for the e ecution pending appeal for 'udgment in election cases, unli$e the Election #ode of 5F75O. ,he failure of the e tant election laws to reproduce Sec )5D of the Election #ode of 5F75 does not mean that the e ecution of 'udgment pending appeal is no longer available in election casesO. ,he Supreme #ourt has e plicitly recognized and given approval to e ecution of 'udgment pending appeal in election cases filed under e isting laws. ,he rationale why e ecution pending appeal is allowed in election cases is to give much recognition to the worth of a trial 'udgeNs decision as
that which is initially ascribed by the law to the proclamation by the board of canvassers. <overned by Sec ), %ule :F of the 5FF7 %ules of #ivil procedure. E ecution pending appeal should be based upon good reasons and a combination of two or more of them will suffice to grant e ecution pending appeal: i. !ublic interest involved or will of the electorate ii. ,he shortness of the remaining portion of the term of the contested office iii. 1ength of time that the election contest has been pending ( -erno vs #/0E1E# :)D S#%" G)+ iv. -iling of bond as a condition for the issuance of a corresponding writ of e ecution to answer for the payment of damages which the aggrieved party may suffer by reason of the e ecution pending appeal (%amos vs #/0E1E# )D2 S#%" 5DF+ 3 E ecution pending appeal cannot be ordered on the basis of gratuitous allegations that public interest is involved and that the appeal is dilatory. (#amlian vs #/0E1E# )75 , )75 S#%" 7G7+ " motion for e ecution pending appeal filed after the e piration of the period of appeal can no longer be granted ( %elampagos vs #umba );: S#%" 2F6+ ):. 0otion for %econsideration a. /ne motion for reconsideration is allowed in the contest involving the following: i. !resident& 56 days ii. *ice&!resident& 56 days ( %ule 2G, %ules of !residential Electoral ,ribunal+ iii. Senator& 56 days ( %ule 2;, %ules of Senate Electoral ,ribunal+ iv. #ongressmen& 56 days ( %ule 7;, 5FFD %ules of M%E,+ v. %egional, !rovincial and #ity /fficials G days ( Sec ), %ule 5F #/0E1E# %ules of !rocedure+ b. Ho motion for reconsideration is allowed in election contests involving the following: i. 0unicipal officials (Sec )G2, 4! DD5= *eloria vs #/0E1E#, )55 S#%" F67+ Mowever this rule should not be applied to the dismissal of an election protest for failure of the counsel of the protestant to appear at the pre&trial,
since the pre&trial is not applicable to the election protest. (!angilinan vs 8e /campo, ):) S#%" + ii. 4arangay /fficials ( Sec 5F, %ule :7 and Sec 5), %ule :D #/0E1E# %ules of !rocedure+ iii. Sangguniang Eabataan ( Sec 5F, %ule :7 and Sec 5) %ule :D, #/0E1E# %ules of !rocedure+ c. Since only decisions of the #/0E1E# en banc may be elevated to the Supreme #ourt , a party who did not file for a motion for reconsideration of a decision of a division of the #/0E1E# cannot elevate the case to the Supreme #ourt (%eyes vs %,# of /riental 0indoro, );; S#%" ;5+ d. " resolution of the #/0E1E# en banc is not sub'ect to reconsideration, therefore any party who disagrees with it is to file a petition for certiorariunder %ule 2G of the %ules of #ivil procedure a motion for reconsideration of an en banc ruling, resolution, order, or decision e cept in election offense cases is a prohibited pleading under the #/0E1E# %ules of !rocedure. -or a party to wait until the #/0E1E# en banc denies his motion for reconsideration would be to allow the reglementary period for filing a petition for certiorari with the S# to run and e pire. ("ngela vs #/0E1E# , :)) S#%" 7G7+ );. %eview a. Kurisdiction i. Senator& Supreme #ourt within 26 days ( Sec ;, %ule 2G %ules of #ourt+ ii. #ongressmen& Supreme #ourt within 26 days ( 1erias vs M%E,= Sec ;, %ule 2G %ules of #ourt+ iii. %egional, provincial, and #ity officials Supreme #ourt within :6 days ( Sec 7, "rt IA&" !hil #onst+ iv. 0unicipal /fficials 3 #/0E1E# within G days ( Sec )) %" 7522= Sec : %ule )) of #/0E1E# %ules of !rocedure, 1indo vs #/0E1E#, 5F; S#%" )G+ 3 Supreme #ourt & within :6 days ( %ivera vs #/0E1E# 5FF S#%" 57D+ v. 4arangay /fficials 3 #/0E1E# within G days (Sec )()+ ,"rt IA&#, !hil #onst= Sec :, %ule )) #/0E1E# %ules of !rocedure= #alucag vs #/0E1E# )7; S#%" ;6G+ 3 Supreme #ourt within :6 days ( -lores vs #/0E1E# 5D; S#%" ;D;+ b. -orm
Jhere the appellant filed an appeal brief instead of a notice of appeal to the #/0E1E#, the appeal should not be dismissed, since the determination of the will of the people should not be thwarted of technicalities (!ahilan vs ,abalba, ):6 S#%" )6G+ c. -ailure to !ay "ppellate 8oc$et -ee i. "n appeal may be dismissed for failure of the appellant to pay the appellate doc$et fee (%eyes vs %,# of /riental 0indoro, );; S#%" ;5+ ii. "n appeal may be dismissed if the full appellate doc$et fee was not paid , as payment of the full amount is indispensable for perfection of the appeal (%odillas vs #/0E1E#, );G S#%" 76)+ d. Scope of "uthority Errors committed by the trial court may be considered even if they were not assigned as errors ("rao vs #/0E1E# )56 S#%" )F6+ AIII. #%I0IH"1 /--EHSES ",. #riminal and Electorate "spects of "n Election /ffense "n election offense has criminal as well as electoral aspects ( Sunga vs #/0E1E# )DD S#%" 72+ 5+ Its criminal aspect involves the ascertainment of the guilt or innocence of the accused candidate li$e in any other criminal case, it usually entails a full& blown hearing and the quantum of proof required to secure a conviction beyond reasonable doubt. )+ Its electoral aspect is a determination of whether the offender should be qualified from office. ,his is done through administrative proceeding which is summary in character and requires only a clear preponderance of evidence. 4. Kurisdiction to try the case ,he e panded 'urisdiction of the 0unicipal ,rail #ourt ( %" 72F5+ does not include criminal cases involving election offenses, because by special provision of Sec )2D of 4! DD5 they fall within the 'urisdiction of the %egional ,rial #ourt (#/0E1E# vs Hoynay )F) S#%" :G;+
Inder Sec )2D of 4! DD5, regional trial courts have e clusive 'urisdiction to try and decide any criminal action or proceeding for violation of the #ode including those penalized by imprisonment not e ceeding 2 years, but e cept those relating to the offense of failure to vote ( Kuan vs !eople :)) S#%" 5)G+ #. /ffenses 5. *ote&buying a. ,he fact that at least one voter in at least )6R of the precincts in a municipality , city or province was offered money by the relatives, leaders or sympathizers of a candidate to promote his election shall create a presumption of conspiracy to bribe voters. b. ,he fact that at least )6R of the precincts of the municipality, city or province to which the office aspired for by the candidate is affected by the offer creates the presumption that the candidate and his campaign managers are involved in the conspiracy. c. "ny person who is guilty and willingly testifies shall be e empt from prosecution ( Sec )D, %" 22;2+ d. ,he traditional gift&giving by the municipality during #hristmas which was done to induce voters for the mayor does not constitute vote&buying ( 1ozano vs 0artinez, )DG S#%" )G2+ ). "ppointment of Hew Employees ,he prohibition against appointment of a government employee within ;G days before regular election refers to positions covered by the civil service and does not apply to the replacement of a councilor who died ( /ng vd 0artinez, 5DD S#%" D:6+ :. Inauthorized Entry into !olling !lace 0ere presence of unauthorized person inside a polling place is an offense ( #/0E1E# vs %omillo, 5GD S#%" 752+ ;. ,ransfers of <overnment Employees Since the /mnibus Election #ode does not per se prohibit the transfer of government employees during the election period but only penalizes such transfers made without the prior approval of the #/0E1E# in accordance
with the implementing regulations, the transfer of government employees before the publication of the implementing regulations is not an election offense. ( !eople vs %eyes, );7 S#%" :)D+ ,wo elements of the offense prescribed under Sec )25 (h+ of 4! DD5, as amended are: (5+ a public officer or employee is transferred or detailed within the election period as fi ed by the #/0E1E#, and ()+ the transfer or detail was effected without prior approval of the #/0E1E# in accordance with its implementing rules and regulations (%egalado vs #" :)G S#%" G52+ G. #arrying 8eadly Jeapon in !recinct ,o support a conviction carrying a deadly weapon inside a precinct, it is necessary that the deadly weapon be seized from the accused while he was in precinct (0appala vs 0unoz );6 S#%" 266+ 2. -ailure to ma$e !roclamation !roclaiming a losing candidate instead of the winner also constitutes failure to ma$e a proclamation ("gu'etas vs #" )25 S#%" 57+ 7. %efusing to credit candidate with vote Inder section )7(b+ of %" 22;2, two act not one, are penalized i.e, first, the tampering, increasing or decreasing of votes received by a candidate in any election, and second, the refusal, after proper verification and hearing to credit the correct votes or deduct such tampered votes.(!imentel vs. #/0E1E#,)DF S#%" GD2+ 8. !rosecution 5. Section )(2+,"rt IA&# >-ile, upon a verified complaint, or on its own initiative, petitions in court for inclusion or e clusion of voters= investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses, and malpractices.? ,he #/0E1E# has e clusive 'urisdiction to conduct preliminary investigation of and prosecute election offenses (Haldaza vs. 1avilles,)G; S#%" )D2+
). ,his holds true even if the offense is committed by a public officer in relation to his office.(#orpuz vs. ,anodbayan, 5;F S#%" ))D5+ :. Jhatever initiated motu propio or filed with the #/0E1E# by any other party, the complaint shall be referred to the #/0E1E# 1aw 8epartment for investigation.. ,he #/0E1E# #hairman, in his personal capacity may file directly with the #/0E1E# 1aw 8epartment pursuant to Section ;, %ule :; of the #/0E1E# %ules of !rocedure. Ho requirement in section G that only the #/0E1E# en banc may refer a complaint to the 1aw 8epartment for investigation nor is there a rule against the #/0E1E# #hairman directing the conduct of a preliminary investigation, even if he himself were the complainant in his private capacityO Jhere the complaint was directly filed with the 1aw 8epartment under Section ; of %ule :) of the #/0E1E# %I1ES of !rocedure obviously there is no need to refer such complaint to the same 1aw 8epartmentO Inder Section G of %ule :; of the #/0E1E# %ules of !rocedure, the preliminary investigation may be delegated to any of those officials specified in the rule upon the direction of the #/0E1E# #hairman (1aurel vs. !residing Kudge, %,# 0anila 4r 56, :): S#%" 77D+ ;. " provincial election supervisor authorized to conduct a preliminary investigation may file a case without need of approval of the provincial prosecutor. (!p. *s. Inting,5D7 S#%" 7DD+ ,he #/0E1E# can deputize prosecutors to investigate and prosecute offenses even after election. (!p. *s. 4asilla,57F S#%" D7+ Since it is a preliminary investigation, it is the #/0E1E# who will determine the e istence of probable cause, the complainant cannot as$ it to gather evidence in support of the complaint. (Eilosbayan Inc vs. #/0E1E#,)D6 S#%" DF)6 ,he court in which a criminal case was filed may order the #/0E1E# to order a reinvestigation. (!p. *s. 8elgado, 5DF S#%" 75G+ " prosecutor who was deputized by the #/0E1E# cannot oppose the appeal filed by the #/0E1E# from the dismissal of a case, since the power to prosecute election offenses is vested in the #/0E1E#.(#/0E1E# vs. Ssilva,)D2 S#%" 577+

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Election Laws Reviewer Definition: Suffrage the right and obligation of qualified citizens to vote in the election of certain

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