Ricardo Jesus E.

Gutierrez

Table of Remedies under Philippine Election Law

Petition to deny due course or cancel a Certificate of Candidacy (Section 78 in relation to 74) Case law has already likened a proceeding under Section 78 to a quo warranto proceeding under Section 253 of the OEC since they both deal with the eligibility or qualification of a candidate, with the distinction mainly in the fact that a "Section 78" petition is filed before proclamation, while a petition for quo warranto is filed after proclamation of the winning candidate. (Fermin v. COMELEC, GR. 179695, December 18, 2008) The denial of due course to or the cancellation of the CoC is not based on the lack of qualifications but on a finding that the candidate made a material representation that is false, which may relate to the qualifications required of the public office he/she is running for. (Jalosjos v. COMELEC, GR. No. 193237, October 9, 2012) Any material representation contained in the Certificate of Candidacy as required by law is false. (See Section 78 in relation to Section 74 Any candidate who does not possess all the qualifications of a candidate as provided for by the Constitution or by existing law or who commits any act declared by law to be grounds for Petition for Disqualification (Section 68 and Section 12) A petition for disqualification under Section 68 refers to "the commission of prohibited acts and possession of a permanent resident status in a foreign country." All the offenses mentioned in Section 68 refer to election offenses under the Omnibus Election Code. (Tea v. COMELEC, GR. No. 195229, October 9, 2012) Petition to Declare Failure of Elections (Section 6) Under the pertinent codal provision of the Omnibus Election Code, there are only three (3) instances where a failure of elections may be declared, namely: (a) the election in any polling place has not been held on the date fixed on account of force majeure, violence, terrorism, fraud, or other analogous causes; (b) the election in any polling place had been suspended before the hour fixed by law for the closing of the voting on account of force majeure, violence, terrorism, fraud, or other analogous causes; or (c) 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 on account of force majeure, violence, terrorism, fraud, or other analogous causes. (Carlos v. Angeles, GR. No. 142907, November 29, 2000) On account of force majeure, violence, terrorism, fraud or other analogous causes the election in any precinct has not been held on the date fixed, or had been suspended before the Preproclamation Contest (Article XX) A pre-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 any registered political party or coalition of political parties before the board or directly with the Commission, or any matter raised under Sections 233, 234, 235 and 236 in relation to the preparation, transmission, receipt, custody and appreciation of the election returns. (Section 241, OEC) Election Protest (Article XXI) An election protest is a contest between the defeated and winning candidates on the ground of frauds or irregularities in the casting and counting of the ballots, or in the preparation of the returns. It raises the question of who actually obtained the plurality of the legal votes and therefore is entitled to hold the office. (Samad v. COMELEC, GR. No. 107854, July 16, 1993) Petition for Quo Warranto (Section 253) A petition for quo warranto under the Omnibus Election Code raises in issue the disloyalty or ineligibility of the winning candidate. It is a proceeding to unseat the respondent from office but not necessarily to install the petitioner in his place. (Samad v. COMELEC, GR. No. 107854, July 16, 1993)

Nature, scope, function

(1) Illegal composition or proceedings of the board of canvassers; (2) The canvassed election returns are incomplete, contain material defects, appear

Grounds

Frauds or irregularities in the casting and counting of the ballots, or in the preparation of the returns (Samad v. COMELEC, supra) Electoral frauds,

(1) Ineligibility; (2) Disloyalty to the Republic of the Philippines (Section 253)

of the Omnibus Election Code (OEC))

disqualification may be disqualified from continuing as a candidate. (Section 1 of Rule 25, Rules Governing Pleadings, Practice, Procedure before the COMELEC or any of its Offices) (See Sections 68 and 12, OEC)

hour fixed by law for the closing of the voting, or after the voting and during the preparation and the transmission of the election returns or in the custody of canvass thereof, such election results in a failure to elect, and in any of such cases the failure or suspension of election would affect the result of the election (Section 2 of Rule 26, Rules Governing Pleadings, Practice, Procedure before the COMELEC or any of its Offices) (See Section 6, OEC)

to be tampered with or falsified, or contain discrepancies in the same returns or in other authentic copies thereof as mentioned in Sections 233, 234, 235 and 236 of this Code; (3) The election returns were prepared under duress, threats, coercion, or intimidation, or they are obviously manufactured or not authentic; and (4) When substitute or fraudulent returns in controverted polling places were canvassed, the results of which materially affected the standing of the aggrieved candidate or candidates. (See Section 243, OEC) Any candidate or by any registered political party, organization, or coalition of political parties (Section 1 of Rule 27, Rules Governing Pleadings, Practice, Procedure before the COMELEC or any of its Offices) (1) Board of Canvassers; or (2) Directly with COMELEC Division

anomalies or irregularities in the protested precincts. (Section 11 of Rule 2, Supreme Court Rules of Procedure in Election Contests)

Who may file

Where filed

Any citizen of voting age or a duly registered political party, organization, or coalition or political parties (Section 1 of Rule 23, Rules Governing Pleadings, Practice, Procedure before the COMELEC or any of its Offices) Law Department of the Commission (Section 1 of Rule 23, Rules Governing Pleadings, Practice, Procedure before the COMELEC or any of its Offices)

Any citizen of voting age, or duly registered political party, organization or coalition of political parties (Section 2 of Rule 25, Rules Governing Pleadings, Practice, Procedure before the COMELEC or any of its Offices) Law Department of the Commission (Section 2 of Rule 25, Rules Governing Pleadings, Practice, Procedure before the COMELEC or any of its Offices)

Any interested party (Section 2 of Rule 26, Rules Governing Pleadings, Practice, Procedure before the COMELEC or any of its Offices)

Any candidate who has duly filed a certificate of candidacy and has been voted for the same office (Sections 250-252, OEC)

Any voter (Section 253, OEC)

COMELEC En Banc

(1) If contest involves any Member of the House of Representative or any regional, provincial, or city, COMELEC Division (Section 250, OEC (2) If the contest involves a municipal officer, proper Regional Trial Court (Section 251, OEC) (3) If the contest involves a barangay officer, proper Municipal or

(1) If the petition involves any Member of the House of Representatives or any regional, provincial, or city, COMELEC Division (2) If the petition involves any municipal or barangay officer, proper Regional Trial Court or Municipal Trial Court, respectively (Section 253, OEC)

Metropolitan Trial Court (Section 252, OEC) Verified Petition How filed Heard summarily after due notice Verified petition Heard summarily after due notice Verified Petition After due notice and hearing (1) Motu proprio (2) Upon written petition, After due notice and hearing Any time before proclamation Except if petition for correction, which must be filed not later than 5 days following the date of proclamation (Section 5(b) of Rule 27, Rules Governing Pleadings, Practice, Procedure before the COMELEC or any of its Offices) (See Grounds, above) Verified Petition with Certification against Forum Shopping (Section 7 of Rule 2, Supreme Court Rules of Procedure in Election Contests) Within 10 days after the proclamation of the results of the election Sworn Petition (Section 7 of Rule 2, Supreme Court Rules of Procedure in Election Contests) Within 10 days after the proclamation of the results of the election

When may be filed

Within five (5) days following the last day for the filing of certificate of candidacy (Section 2 of Rule 23, Rules Governing Pleadings, Practice, Procedure before the COMELEC or any of its Offices)

Any day after the last day for filing of certificates of candidacy but not later than the date of proclamation (Section 3 of Rule 25, Rules Governing Pleadings, Practice, Procedure before the COMELEC or any of its Offices)

(See Grounds, above)

(See Grounds, above)

(See Grounds, above)

(1) the position involved; (2) the date of proclamation; and (3) the number of votes credited to the parties per proclamation. An election protest shall also state: (4) the total number of precincts of the municipality or the barangay concerned; (5) the protested precincts and votes of the parties in the protested precincts per the Statement of Votes By Precinct or, if the votes of the parties are not specified, an explanation why the votes are not specified; and (6) a detailed specification of the acts or omissions complained of showing the electoral frauds, anomalies or

(1) the position involved; (2) the date of proclamation; and (3) the number of votes credited to the parties per proclamation. An election protest shall also state: (4) the total number of precincts of the municipality or the barangay concerned; (5) the protested precincts and votes of the parties in the protested precincts per the Statement of Votes By Precinct or, if the votes of the parties are not specified, an explanation why the votes are not specified; and (6) a detailed specification of the acts or omissions complained of showing the electoral frauds, anomalies or

Contents of the Petition

irregularities in the protested precincts. (Section 11 of Rule 2, Supreme Court Rules of Procedure in Election Contests) A party aggrieved by a ruling of the Board of Canvassers shall, within forty-eight hours from receipt of a copy of the ruling of the Board of Canvassers, file with the Board a written and verified Notice of Appeal; and within an inextendible period of five (5) days, he shall file his appeal to the Commission. (Section 10 of Rule 27, Rules Governing Pleadings, Practice, Procedure before the COMELEC or any of its Offices) (1) For contests involving a barangay officer, Regional Trial Court within 10 days from the receipt of the decision of the Municipal Trial Court (2) Within five (5) days after promulgation of the decision of the court, the aggrieved party may file with said court a notice of appeal, and serve a copy thereof upon the attorney of record of the adverse party. (Section 2 of Rule 22, Rules Governing Pleadings, Practice, Procedure before the COMELEC or any of its Offices)

irregularities in the protested precincts. (Section 11 of Rule 2, Supreme Court Rules of Procedure in Election Contests) Within five (5) days after promulgation of the decision of the court, the aggrieved party may file with said court a notice of appeal, and serve a copy thereof upon the attorney of record of the adverse party. (Section 2 of Rule 22, Rules Governing Pleadings, Practice, Procedure before the COMELEC or any of its Offices)

Appeal