ATENEO ELECTION LAW 2008 only upon the fulfillment of certain minimum
conditions.
GENERAL PRINCIPLES
Scope of suffrage
Sources of Philippine election law
Suffrage encompasses the following:
The election laws of the Philippines are
contained in the following: (1) Election
Election is the means by which the people
• 1987 Constitution choose their officials for definite periods and to
• BP 881 (Omnibus Election Code) whom they entrust, for the time being as their
• RA 6646 (Electoral Reforms Law of representatives, the exercise of powers of
1987) government. It involves the choice of
• RA 6679 (Barangay Elections) candidates to public office by popular vote.
• RA 6735 (Law Providing for Initiative a. Regular election – refers to an election
and Referendum) participated in by those
• RA 7166 (1991 Synchronized who possess the right of
Elections Law) suffrage and not
• RA 7941 (Election of Party-List disqualified by law and
Representatives) who are registered voters
• RA 8189 (Continuing Registration)
b. Special election – when there is failure of
• RA 8436 (Automated Election System)
election on the scheduled
• RA 8524
date of regular election in
• RA 9006 (Fair Election Act of 2001)
a particular place or
which is conducted to fill
THEORY OF POPULAR SOVEREIGNTY up certain vacancies, as
provided by law (ex. To
Art. II, Sec. 1 1987 Constitution: fill in vacancy in office
before the expiration of
The Philippines is a the term for which
democratic and republican incumbent was elected)
state. Sovereignty resides in
the people and all government (2) Plebiscite
authority emanates from Plebiscite is the submission of constitutional
them. amendments or important legislative measures
to the people for ratification.
A democratic and republican
government derives all its powers, directly or (3) Referendum
indirectly, from the people at large. Its essence Referendum is the power of the electorate
is indirect rule. Actual sovereignty is exercised to approve or reject legislation through an
by the people by means of suffrage. election called for the purpose. (Sec. 2c, R.A.
6735) It may be of 2 classes, namely:
Suffrage defined
(a) Referendum on statutes, which refers
Suffrage is the right and obligation of to a petition to approve or reject an act
qualified citizens to vote: or law, or part thereof, passed by
Congress; and
(1) in the election of certain national
and local officials, and (b) Referendum on local law which refers
(2) in the decision of public questions to a petition to approve or reject a law,
submitted to the people. resolution or ordinance enacted by
regional assemblies and local legislative
It is a political right which enables bodies
every citizen to participate in the process of
government to assure that it derives it powers (4) Initiative
from the consent of the governed. It operates
on the principle of "one man (or one woman), Initiative is the power of the people to
one vote." propose amendments to the Constitution or
to propose and enact legislation through an
Suffrage is not a natural right but a election called for the purpose. (Sec. 2a,
privilege which may be given or withheld by R.A. 6735) There are 3 systems of
the lawmaking power subject to constitutional initiative, namely:
limitations. It is not necessarily an
accompaniment of citizenship; it is granted (a) Initiative on the Constitution
2
which refers to a petition ballot
proposing amendments to the • Providing for the manner of
Constitution; choosing candidates and the
names to be printed on the
(b) Initiative on statutes, which ballot
refers to a petition proposing to • Regulating the manner of
enact a national legislation; conducting elections
• Suppressing whatever evils
(c) Initiative on local legislation incident to the election of
which refers to a petition public officers, pursuant to its
proposing to enact a regional, duty to secure the secrecy and
provincial, city, municipal or sanctity of the ballots under
barangay law, resolution or Art. V, Sec. 2 of the 1987
ordinance Constitution.
Note that in the case of Santiago v. What are the substantive requirements
COMELEC, the Supreme Court held for the exercise of suffrage?
that there is no law yet that is
sufficient enough for proposing The only substantive requirements to
amendments to the Constitution. exercise the right to vote are: (CARA)
R.A. 6735 was deemed sufficient for
statutory amendments but not (1) Citizenship
Constitutional amendments. (2) Age
(3) Residency
(5) Recall (4) Absence of disqualifications
(3) Decide all questions affecting The COMELEC has the power of a
elections (Art. IX-C, Sec. 2 (3), 1987 public prosecutor with the
Constitution) exclusive authority to conduct the
preliminary investigation and the
The power of the COMELEC to prosecution of election offenses
decide all questions affecting punishable under the election law.
elections pertains to the following:
The power may be exercised upon
(1) determination of the complaint or motu propio.
number and location of polling places
(2) appointment of election The Ombudsman has NO
officials and inspectors jurisdiction to prosecute election
(3) registration of voters offenses. He may do so only if he
is deputized by the COMELEC.
However, the COMELEC has
NO jurisdiction over questions (8) Filing of petitions in court for
involving the right to vote (i.e. inclusion or exclusion of voters
disqualifications of voters, right of a
(Art. IX-C, Sec. 2 (6), 1987
person to be registered, etc.), as Constitution)
these rest within the exclusive
original jurisdiction of the MTC, (9) Recommendatory:
appealable to the RTC.
(a) to Congress
(4) Deputize, with the concurrence of
the President, law enforcement
• effective measures to
agencies and instrumentalities of
minimize election spending,
the Government for the exclusive
including limitation of places
purpose of ensuring free, orderly,
where propaganda materials
honest, peaceful and credible
shall be posted, and to
elections (Art. IX-C, Sec. 2(4), 1987
prevent and penalize all
Constitution)
forms of election frauds,
offenses, malpractices, and
• CMT cadets 18 yrs. of age and nuisance candidates. (Art.
above may be authorized to act IX-C, Sec. 2 (7),1987
as the COMELEC's deputies for Constitution)
the purpose of enforcing its
orders (Sec. 52a, BP 881) (b) to the President
Precincts
8
Each polling place shall have at least
Precinct, defined 10 voting booths of such size, specifications
and materials as the COMELEC may provide to
- unit of territory for the purpose of enable the voters to fill out their ballots
voting (Sec. 149, BP 881) secretly. (Sec. 158, BP 881) The polling place
shall be so arranged that the booths, the table,
Establishment of Precincts the ballot boxes and the whole polling place,
except what is being written within the booths,
The COMELEC shall establish all shall be in plain view of the board of election
election precincts. Each barangay shall have inspectors, the watchers and other persons
at least 1 such precinct. (Sec. 149, BP 881) who may be within the polling place. (Sec.
159 (d), BP 881)
The COMELEC may introduce
adjustments, changes or new divisions or The COMELEC shall post inside each
abolish precincts if necessary. But no changes voting booth and elsewhere in the polling place
shall be introduced within 45 days before a on the day before the election, referendum, or
regular election and 30 days before a special plebiscite and during the voting period a list
election or referendum or plebiscite. (Sec. containing the names of all candidates or the
149, BP 881) issues or questions to be voted for. (Sec. 158;
BP 881)
Where it is not practicable to divide a
precinct by territory, the COMELEC may adjust There shall be a guard rail between the
or split the precinct by assigning the registered voting booths and the table for the Board of
voters alphabetically and equitably among the Election Inspectors. (Sec. 159; BP 881)
adjusted or split precinct. The polling places of
the said precincts must be in the same Inspection of polling places
building. (Sec. 8, R.A. 7166)
Before the day of the election,
Publication of Maps of Precincts referendum or plebiscite, the Chairman of the
COMELEC shall, through its authorized
At least 5 days before the first representatives, see to it that all polling places
registration day and until after the election, are inspected and such omissions and defects
referendum, or plebiscite, the COMELEC shall as may be found are corrected. (Sec. 163, BP
post in the city or municipal hall and in 3 other 881)
conspicuous places and on the door of each
polling place, a map of the city or municipality OFFICIAL BALLOTS, ELECTION RETURNS
showing its division into precincts. Such maps & BALLOT BOXES
shall be kept posted until after the election,
referendum or plebiscite. (Sec. 151, BP 881)
Form and Contents of ballots
Polling Places
The ballots shall:
Polling place, defined
• be uniform in size;
POLLING PLACE: Building or
• be printed in black ink on
place where the Board of Election
white security paper with
Inspectors conducts its proceedings
distinctive, clear and legible
and where the voters cast their votes
watermarks that will readily
(Sec. 152, BP 881)
distinguish it from ordinary
paper;
Designation of polling places
(5) INTERVENTION: Any voter, Petitioner may apply at any time except 105
candidate or political party who days prior to a regular election or 75 days prior
may be affected by the to a special election. (Sec. 34, R.A. 8189)
proceedings may intervene and
present his evidence. Petition for Exclusion of Voters from the
List
(6) EVIDENCE: Shall be based on the
evidence presented. In no case The following may petition for the
shall a decision be rendered upon a exclusion of a voter from the permanent list of
stipulation of facts. voters:
(7) DECISION: Petition shall be heard Such petition may be filed at any time except
and decided within 10 days from 100 days before a regular election or 65 days
date of filing. before a special election. It shall be decided
within 10 days from filing. (Sec. 35, R.A.
Cases appealed to the RTC 8189)
shall be decided within 10 days
from receipt of the appeal. In all "The petition for exclusion is a necessary
cases, the court shall decide these component to registration since it is a safety
petitions not later than 15 days mechanism that gives a measure of protection
before the election and the against flying voters, non-qualified registrants,
decision shall become final and and the like. The prohibitive period, on the
executory. other hand serves the purpose of securing the
voter’s substantive right to be included in the
Jurisdiction and Appeal in Inclusion and list of voters." (Akbayan, et al v. COMELEC,
Exclusion Cases G.R. No.147066, March 26, 2001)
Purpose of registration
• To be present and to have counsel
during the canvass of the election
The purpose of registration of political returns (Sec. 25, R.A. 6646)
parties with the COMELEC is to enable them
to:
• To receive the 4th copy (if the
(1) Acquire juridical dominant majority party) or the 5th
personality; copy (if the dominant minority
party) of the election returns
(2) Qualify for subsequent (Sec. 27, R.A. 7166 as amended
accreditation; and by R.A. 8045 and R.A. 8173)
(3) After due notice and hearing, the (2) The party is a religious sect or
COMELEC shall resolve the petition denomination, organization or
within 10 days from the date it is association organized for religious
submitted for decision. (Sec. 61, purposes (Sec. 6 (1), R.A. 7941);
BP 881. Note however the
discrepancy with Sec. 62 which
states that resolution of the petition
(3) The party advocates violence or
unlawful means to seek its goal
for registration or accreditation shall
(Sec. 6 (2), R.A. 7941);
be 15 days from the date of
submission for decision.)
(4) The party is a foreign party or
Who may not be registered organization (Sec. 6 (3), R.A.
7941);
The following may not be registered as political
parties: (5) The party is receiving support from
any foreign government, foreign
political party, foundation,
• religious denominations and organization, whether directly or
sects (Art. IX-C, Sec. 2 (5), through any of its officers or
1987 Constitution; Sec. 61, members or indirectly through
BP 881) third parties for partisan election
purposes (Sec. 6 (4), R.A. 7941);
• those which seek to achieve
their goals through violence (6) The party violates or fails to
or unlawful means (Art. IX- comply with laws, rules or
C, Sec. 2 (5), 1987 regulations relating to elections
Constitution, Sec. 61, BP (Sec. 6 (5), R. A. 7941);
881)
(7) The party declares untruthful
• those which refuse to uphold statements in its petition for
and adhere to the registration (Sec. 6 (6), R.A.
Constitution (Art. IX-C, Sec. 7941);
2 (5), 1987 Constitution)
(8) The party has ceased to exist for at
• those supported by foreign least 1 year (Sec. 6 (7), R.A.
governments (Art. IX-C, 7941);
Sec. 2 (5), 1987
Constitution) (9) The party fails to participate in the
last 2 preceding elections (Sec. 6
Forfeiture of status and cancellation of (8), R.A. 7941);
registration
(10) If registered under the party-list
Forfeiture of status system, the party fails to obtain at
least 2% of the votes in the 2
Any registered political party that, preceding elections for the
singly or in coalition with others, fails to obtain constituency in which it has
at least 10% of the votes cast in the registered. (Sec. 6 (8), R.A. 7941)
constituency in which it nominated and
supported a candidate or candidates in the Under the party-list system, the
election next following its registration shall, COMELEC may refuse or cancel registration
after notice and hearing be deemed to have either motu propio or upon verified complaint
forfeited such status as a registered political of any interested party, after due notice and
party in such constituency. (Sec. 60, BP 881) hearing. (Sec. 6, R.A. 7941)
3. The party advocates violence or (1) The nominee must have all of
unlawful means to seek its goal the qualifications and none of
(Sec. 6 (2), R.A. 7941); the disqualifications for the
exercise of the right of
4. The party is a foreign party or suffrage. Moreover, he/she
organization (Sec. 6 (3), R.A. must be a registered voter,
7941); able to read and write, and at
least 25 years on the day of
5. The party is receiving support from the election.
any foreign government, foreign
political party, foundation, In case of youth sector
organization, whether directly or nominees, such nominees must
through any of its officers or be at least 25 but not more
members or indirectly through than 30 yrs. old on the day of
third parties for partisan election the election. (Sec. 9)
purposes (Sec. 6 (4), R.A. 7941);
(2) The nominee must be a bona
6. The party violates or fails to fide member of the party or
comply with laws, rules or organization which he/she
regulations relating to elections seeks to represent for at least
(Sec. 6 (5), R. A. 7941); 90 days preceding the day of
the election. (Sec. 9)
7. The party declares untruthful
statements in its petition for (3) An elected party-list
registration (Sec. 6 (6), R.A. representative who changes his
7941); political party or sectoral
affiliation within 6 months
before an election is not
8. The party has ceased to exist for at
eligible for nomination as
least 1 year (Sec. 6 (7), R.A.
party-list representative under
7941);
his new party or organization.
(Sec. 15)
9. The party fails to participate in the
last 2 preceding elections (Sec. 6 (4) A person may be nominated in
(8), R.A. 7941);
1 list only. (Sec. 8)
Any group seeking accreditation may file a (i) That it undertakes to police its
petition for accreditation, duly verified by ranks and prevent infiltration by
its President, Chairman of the Board of persons or groups of persons who
Directors, or any of its duly authorized may, directly or indirectly, destroy
officers. its character of non-partisanship
and impartiality.
The petition for accreditation must state
the following: (2) SETTING OF PETITION FOR HEARING
(a) The constituency to which Upon the filing of the petition, the
petitioner seeks accreditation; COMELEC en banc shall immediately set
the petition for hearing. The COMELEC
(b) That it is not supporting any may order the publication of the petition in
candidate, political party, a newspaper of general circulation if it
organization or coalition of political deems such necessary. Publication shall
parties, in the constituency where be at the expense of the petitioner.
it seeks accreditation;
(3) HEARING OF PETITION
(c) Nature of its membership; names
of its officers or organizers, The accreditation of the petitioner may be
location of principal office or place opposed by any person, group, association,
of business, and an assurance of group or organization, political party or
its capability to undertake a coalition of political parties possessing
coordinated operation and activity relevant information or evidence against
to assist the COMELEC; the petitioner by filing a verified
opposition.
(d) That it shall submit itself to the
direct and immediate control and However, notwithstanding the absence of
supervision and comply with the any opposition, the COMELEC may motu
orders of the COMELEC in the proprio require the petitioner to present
performance of its specific evidence to support its petition for
functions and activities provided by accreditation.
law, and such other functions and
activities provided by law, and (4) DECISION
such other functions and activities
which the COMELEC may assign; The COMELEC shall then render its
decision. If the decision is for the
(e) That it shall strictly remain non- accreditation of the petition, a certificate of
partisan and impartial during the accreditation shall be issued stating the
registration and election periods; following:
President |
Candidate defined
Vice-Pres | COMELEC main office (Mla)
Senator |
Any person aspiring for or seeking an elective
public office, who has filed a certificate of Congressman - Provincial election supervisor
candidacy by himself or through an accredited
political party, aggroupment, or coalition of If NCR district: File with Regional Election
parties. (Sec. 79, BP 881) Director
See the provisions of the Constitution The certificate of candidacy shall state
for the qualifications of candidates for the following:
President, Vice-President, Senator, and
Member of the House of Representatives. • That the person filing the
certificate is announcing his
See the provisions of the Local candidacy for the office stated
Government Code for the qualifications of local therein and that he or she is
elective officials. eligible for such office;
In this case, the Supreme Court But this evil does not obtain in a
declared as unconstitutional COMELEC plebiscite where the electorate is asked to vote
Resolution No. 2347 insofar as it prohibits the for or against issues not candidates.
posting of decals and stickers on cars and
other moving vehicles since it infringes on the Mass Media
right to freedom of expression. The restriction
is so broad as to include even a citizen's Equal access to media time and space
privately-owned vehicle, which is equivalent to
deprivation of property without due process of All registered parties and bona fide
law. candidates are guaranteed equal access to
media time and space under the Fair Election
Prohibited Acts Act. To this end, the COMELEC has the power
to supervise the use and employment of press,
It is prohibited: radio and television facilities insofar as the
placement of political advertisements is
For any foreigner: concerned to ensure that candidates are given
equal opportunities under equal circumstances
• to aid any candidate or political to make known their qualifications and their
party, directly or indirectly; stand on public issues. Of course, such
political advertisements must be within the
• to take part or influence in any limits set forth in the Omnibus Election Code
manner any election; and R.A. 7166 on election spending.
• to contribute or make any
expenditure in connection with Pursuant to such end:
any election campaign or
partisan political activity • Print advertisements shall not exceed
1/4 page, in broadsheet and 1/2 page
For any person during the campaign in tabloids thrice a week per
period: newspaper, magazine, or other
publications, during the campaign
• to remove, destroy, obliterate period;
or in any manner deface or
tamper with lawful election •Bona fide candidates and registered
propaganda; political parties running for nationally
• to prevent the distribution of elective office are entitled to not
lawful election propaganda more than 120 minutes of TV
advertisement and 180 minutes of
For any candidate, political party, radio advertisement whether by
organization or any person: purchase or by donation;
In this case, which questioned the COMELEC's COMELEC information bulletin (Sec. 93,
power under Sec. 92, BP 881 to require TV B.P. 881)
stations to give air time for candidates free of
charge, the Supreme Court held that such The COMELEC shall cause the printing
power is valid and constitutional, being an and supervise the dissemination of bulletins
exercise of the plenary police power of the which shall contain the picture, bio-data and
State to promote the general welfare. The program of government of every candidate.
Court gave the following reasons:
Any candidate can reprint these
(1) All broadcasting, whether by radio or bulletins, provided it is an exact replica and
TV, is licensed by the government, shall bear the candidate’s name who caused
and the franchise issued to a the reprint and the printer’s name.
broadcast station is always subject to
amendment, alteration or repeal by COMELEC official sample ballot (Sec. 185,
Congress when the common good B.P. 881, as amended by R.A. 7904)
requires. There is no better measure
for the common good than one for At least 30 days before an election, the
free airtime for the benefit not only COMELEC shall furnish every registered voter
of the candidates but even more of with an unfilled official sample ballot, voter
the public, particularly the voters, so information sheet, and a list of all registered
that they will be informed of the national, provincial and city candidates to be
issues in an election, for after all, it voted in the said election.
is the right of the viewers and
listeners, not of the broadcasters, The information sheet shall include the
that is paramount. voter's name, address, the precinct and the
place where he is registered, and simplified
(2) The COMELEC does not take over the instructions as to the casting of votes. The
operation of radio and television names of the candidates shall be listed in
stations, but only the allocation of alphabetical order under their respective party
airtime to the candidates, to ensure affiliation and a one-line statement not to
equal opportunity, time and the right exceed 3 words of their occupation or
to reply, as mandated by the profession. Persons nominated under the
Constitution. party-list system shall likewise be included in
the above-mentioned list.
(3) There are substantial distinctions in
the characteristics of the broadcast Public forum
media from those of the print media
which justify the different treatment (Sec. 9, R.A. 6646)
accorded to each for purposes of free
speech, viz: the physical limitations The COMELEC shall encourage non-
of the broadcast spectrum, the political non-partisan private or civic
uniquely pervasive presence of the organization to initiate and hold in every city
broadcast media in the lives of all and municipality, public for a at which all
Filipinos, and the earlier ruling that registered candidates for the same office may
the freedom of TV and radio simultaneously and personally participate to
broadcasting is somewhat lesser than present, explain and/or debate on their
the freedom accorded to the print campaign platforms and programs and other
media. like issues.
COMELEC poster area (Sec. 9, R.A. 9006) The COMELEC shall promulgate the
rules and regulations for the holding of such to
The COMELEC may authorize political assure its non-partisan character and equality
parties and party-list groups to erect common of access thereto by all candidates.
poster areas for their candidates in not more
than 10 public places such as plazas, markets,
Election surveys
29
6, 2001, for details.)
(Sec. 5, R.A. 9006)
Exit polls
Election surveys, defined
(Sec. 5.5, R.A. 9006)
Election surveys refer to the
measurement of opinions and perceptions of Exit polls may only be taken subject to
the voters as regards a candidate's popularity, the following requirements:
qualifications, platforms or a matter of public
discussion in relation to the election, including • Pollsters shall not conduct their
voters' preference for candidates or publicly surveys within 50 meters from the
discussed issues during the campaign period. polling place, whether said survey is
taken in a home, dwelling place and
Information required to be published in other places;
the survey
• Pollsters shall wear distinctive
During the election period, any person, clothing;
natural as well as juridical, candidate or
organization who publishes a survey must
• Pollsters shall inform the voters that
likewise publish the following information:
they may refuse to answer; and
• The name of the person,
• The result of the exit polls may be
candidate, party or organization
announced after the closing of the
who commissioned or paid for the
polls on election day, and must
survey;
clearly identify the total number of
• The name of the person, polling respondents, and the places where
firm or survey organization who they were taken. Said
conducted the survey; announcement shall state that the
• The period during which the same is unofficial and does not
survey was conducted, the represent a trend.
methodology used, including the
number of individual respondents ABS-CBN v. COMELEC (January 28, 2000)
and the areas from which they
were selected, and the specific In this case, the Supreme Court held
questions asked; that exit polls are valid. They do not violate
• The margin of error of the survey; the principle of secrecy of the ballot since such
• For each question for which the polls are purely voluntary on the part of the
margin of error is greater than voter and do not require him or her to reveal
that reported above, the margin of his or her ballot.
error for that question; and
• A mailing address and telephone
ELECTION CONTRIBUTIONS &
number, indicating it as an
EXPENDITURES
address or telephone number at
which the sponsor can be
contacted to obtain a written Contributions
report regarding the survey in
accordance with Sec. 5.3 of R.A. Contributions defined
9006.
(Sec. 94a, B.P. 881)
It must be noted that Sec. 5.4 which
prohibits the publication of surveys 15 days
"Contribution” includes a gift, donation,
(for national candidates) or 7 days (for local
subscription, loan, advance or deposit of
candidates) before an election was declared
money or anything of value, or a contract,
unconstitutional by the Supreme Court upon
promise or agreement to contribute, whether
a petition filed by the Manila Standard and
or not legally enforceable, made for the
Social Weather Station, Inc. (SWS) The
purpose of influencing the results of the
decision, which was penned by Justice V.V.
elections but shall not include services
Mendoza, stated that the provision "constitutes
rendered without compensation by individuals
an unconstitutional abridgment of freedom of
volunteering a portion or all of their time in
speech, expression and the press… as it
behalf of a candidate or political party.
imposes prior restraint and therefore, a direct
and total suppression of a category of
It shall also include the use of facilities
expression even for a limited period." (Exact
voluntarily donated by other persons, the
title of case and citation not available as of this
money value of which can be assessed based
writing. See front page of Philippine Star, May
on the rates prevailing in the area.
30
It is unlawful for any person to solicit
Prohibited contributions or receive any contribution from any of the
persons or entities enumerated.
(Sec. 95, B.P. 881)
Prohibited raising of funds
No contribution for purposes of
partisan political activity shall be made directly It is unlawful for any person to hold
or indirectly by any of the following: the following for the purpose of raising funds
for an election campaign or for the support of
• Public or private financial institutions. any candidate from the commencement of the
However, they are not prohibited from election period up to and including election
making any loan to a candidate or day:
political party if:
• dances,
(a) the financial institutions are • lotteries,
legally in the business of • cockfights,
lending money, • games,
(b) the loan is made in • boxing bouts,
accordance with laws and • bingo,
regulations; AND, • beauty contests,
(c) the loan is made in the • entertainments, or
ordinary course of business. cinematographic, theatrical or
other performances
• Natural and juridical persons operating
It is unlawful for any person or
a public utility or in possession of or
organization, whether civic or religious, directly
exploiting any natural resources of the
or indirectly, to solicit and/or accept from any
nation;
candidate for public office, or from his
campaign manager, agent or representative, or
• Natural and juridical persons who hold
any person acting in their behalf, any gift,
contracts or sub-contracts to supply
food, transportation, contribution or donation
the government or any of its divisions,
in cash or in kind from the commencement of
subdivisions or instrumentalities, with
the election period up to and including election
goods or services or to perform
day.
construction or other works;
Note, however, that normal and
• Natural and juridical persons who have
customary religious stipends, tithes, or
been granted franchises, incentives,
collections on Sundays and/or other designated
exemptions, allocations or similar
collection days, are excluded from this
privileges or concessions by the
prohibition.
government or any of its divisions,
subdivisions or instrumentalities,
including GOCCs; Expenditures
Duties of candidates and political parties Within 30 days after election day, the
candidate and the treasurer of the political
Accounting of contributions and party must file with the COMELEC duplicate
expenditures copies of the full, true and itemized statement
of all contributions and expenditures in
(Sec. 105, B.P. 881) connection with the election. (Sec. 14, R.A.
7166)
Every person receiving contributions or
incurring expenditures by authority of the This requirement to file the statement
candidate or treasurer of the party shall, on covers even those who withdrew as candidates
demand by the candidate or treasurer of the after having filed their certificates, because
party, render to the candidate or treasurer Sec. 14 of R.A. 7166 does not make any
concerned a detailed account thereof with distinction. (Pilar v. COMELEC, 245 SCRA 759)
proper vouchers or official receipts. Such
accounting must be given within 5 days after Duty of election registrar to advise
receiving such contribution or incurring such candidates of their duty
expenditure.
It is the duty of the city or municipal
election registrar to advise in writing, either by
Keeping of detailed records of
personal delivery or by registered mail, within
contributions and expenditures
5 days from the election date, all candidates to
comply with the obligation to file their
Keeping of records statements. (Sec. 14, R.A. 7166)
Voter need not vote the whole ticket. At least 30 days before the date when
the voters list is to be prepared, in the case of
It is entirely optional with the voter a regular election or 15 days before a special
whether he will vote at all or not, and he may election, the COMELEC shall, directly or
vote for such offices as he chooses and for through its duly authorized representatives,
such of the several persons to be chosen to the constitute a board of election inspectors for
same office as he prefers. each precinct.
Composition
Absentee Voting
The Board of Election Inspectors is
Under RA 7166, absentee voting as composed of three (3) persons, namely:
provided for in EO 157 shall apply to the
elections for President, Vice-President, and • chairman
Senators ONLY and shall be limited to: • poll clerk
• member
• members of the AFP
• members of the PNP The entire Board shall be composed of
• other government officers and public school teachers, priority to be given to
employees those with permanent appointments. (Sec.
164, BP 881, as amended by Sec. 13, R.A.
who are duly registered voters and who, on 6646) However, in case there are not enough
election day, may temporarily be assigned in public school teachers, the following may be
connection with the performance of their appointed for election duty:
election duties to places where they are not
registered voters. • teachers in private schools;
• employees in the civil
Block Voting service; or
• other citizens of known
There is no longer block voting under probity and competence
current Philippine Election Laws, having been who are registered voters
expressly prohibited by Art. IX-C, Sec. 7 of the of the city or municipality
1987 Constitution.
Qualifications
However, it must be noted that under 1) public school teachers
the party-list system, votes may be counted in 2) be of good moral character and
favor of political parties, organizations or irreproachable reputation
coalitions rendered under said system. This, in 3) a registered voter of the City or
a way, may be construed as the exception to municipality
the prohibition on block voting. 4) never been convicted of any election
offense or any other crime punishable
by more than 6 months imprisonment
Voting Hours
5) able to speak and write English or the
local dialect
GENERAL RULE: The casting of votes
shall be at 7 a.m. and shall end at 3 p.m. Disqualifications
36
1) must not be related within the 4th civil Watchers
degree by consanguinity or affinity to
any member of the BEI or to any Each candidate and each political party
candidate to be voted for in the polling or coalition of political parties duly registered
places with the Commission including those
2) must not engage in any partisan participating under the party list system of
political activity representation, may appoint two watchers, to
serve alternately, in every polling place.
Powers of the Board of Election
Inspectors (Sec. 168, BP 881) However, candidates for Sangguniang
Panlalawigan, Sangguniang Lunsod and
The board of election inspectors shall Sangguniang Bayan, belonging to the same
have the following powers and functions: ticket or slate shall collectively entitled to 1
watcher.
• Conduct the voting and counting of
votes in their respective polling Duly accredited citizens’ arms of the
places; Commission, shall be entitled to appoint a
watcher in every polling place. Other civic,
• Act as deputies of the Commission religious, professional, business, service,
in the supervision and control of youth, and other similar organization, with
the election in the polling places prior authority from the Commission, shall be
wherein they are assigned, to entitled collectively, to appoint 1 watcher in
assure the holding of the same in polling place.
a free, orderly and honest
manner; Qualifications:
1) Qualified voter of the city or
• Perform such other functions municipality
prescribed by the Omnibus 2) Good reputation
Election Code or by the rules and 3) Never been convicted of any election
regulations promulgated by the offence or any crime
COMELEC 4) Knows how to read and write English,
Pilipino or any of the prevailing local
Proceedings dialects
5) Not related within the 4th civil degree
Shall be public and held only in the by consanguinity or affinity to any
polling places. member of the BEI in the polling place
where he seeks appointment as
Exception: the counting of the votes watcher.
and the preparation of the return may be done
in the nearest safe baranggay or school Rights and duties:
building within the municipality BY unanimous 1) Stay in the space reserved for then
vote of the board and concurred in by the inside the polling place
majority of the watchers present IF there is 2) Witness and inform themselves of the
imminent danger of violence, terrorism, proceedings of the BEI
disorder or similar causes. 3) Take notes, photographs of
proceedings
The BEI shall act through its 4) File protests against any irregularities
Chariman, and shall decide without delay by or violation of law
majority vote all questions which may arise in
the performance of its duties.
5) Be furnished with a certificate of the
number of votes cat for each
candidate, duly signed and thumb
Prohibitions on the Board of Election
marked by the members of the BEI.
Inspectors
Spoiled Ballots
• to prepare the ballot outside
the voting booth; If a voter should accidentally
• to exhibit its contents to any spoil or deface a ballot in
person such a way that it cannot
• to erase any printing from lawfully be used, he shall
surrender it folded to the
the ballot
chairman who shall note in
• to intentionally tear or deface the corresponding space in
the same or put thereon any the voting record that said
distinguishing mark; ballot is spoiled. The voter
• to use carbon paper, paraffin shall then be entitled to
paper, or other means for another ballot which the
making a copy of the chairman shall give him after
contents of the ballot; announcing the serial number
• to make use of any other of the second ballot and
recording the serial number
means to identify the vote of
in the corresponding spaces
the voter.
38
in the voting record. ballot, is fatal.
No voter shall change his ballot (7) The chairman, after finding
more than once. (Sec. 14, R.A. 8436) everything to be in order, shall then
detach the coupon in the presence of the
The spoiled ballot shall, board of election inspectors and of the
without being unfolded and voter and shall deposit the folded ballot in
without removing the the compartment for valid ballots, and the
detachable coupon, be detached coupon in the compartment for
distinctly marked with the spoiled ballots.
word "spoiled" and signed by
the board of election Any ballot returned to
inspectors on the the chairman whose
endorsement fold thereof and detachable coupon has
immediately placed in the been removed not in the
compartment for spoiled presence of the board of
ballots. election inspectors and of
the voter, shall be
considered as spoiled and
(2) After the voter has filled his ballot shall be so marked and
he shall fold it in the same manner as signed by the members of
when he received it and return it to the the board of election
chairman. inspectors.
(3) In the presence of all the members (8) The voter shall then depart.
of the board of election inspectors, he
shall affix his thumbmark on the Challenge of Illegal Voters
corresponding space in the coupon, and
deliver the folded ballot to the chairman. (Sec. 199, B.P. 881)
(4) The chairman, in the presence and Any voter or watcher may challenge
view of the voter and all the members of any person offering to vote for not being
the board of election inspectors, without registered, for using the name of another or
unfolding the ballot or seeing its contents, suffering from existing disqualification. In such
shall verify its number from the voting case, the board of election inspectors shall
record where it was previously entered. satisfy itself as to whether or not the ground
for the challenge is true by requiring proof of
Any ballot whose number registration or the identity of the voter.
does not coincide with the
number of the ballot No voter shall be required to present
delivered to the voter, as his voter's affidavit on election day unless his
entered in the voting record, identity is challenged. His failure or inability to
shall be considered as spoiled produce his voter's affidavit upon being
and shall be so marked and challenged, shall not preclude him from voting
signed by the members of the if his identity be shown from the photograph,
board of election inspectors. fingerprints, or specimen signatures in his
approved application in the book of voters or if
(5) The voter shall affix his he is identified under oath by a member of the
thumbmark by the side of his signature in board of election inspectors and such
the space intended for that purpose in the identification shall be reflected in the minutes
voting record and the chairman shall of the board.
apply silver nitrate and commassie blue
on the right forefinger nail or on any other Challenge Based on Certain Illegal Acts
available finger nail, if there be no (Sec. 200, B.P. 881)
forefinger nail.
Any voter or watcher may challenge any voter
(6) The chairman shall sign in the offering to vote on any of the following
proper space beside the thumbmark of the grounds:
voter.
• that the challenged person
Note that the absence of has received or expects to
the signature of the receive, has paid, offered or
chairman in the ballot promised to pay, has
given to a voter as proof contributed, offered or
of the authenticity of the promised to contribute
39
money or anything of value received;
as consideration for his vote • number of official ballots
or for the vote of another; used and the number left
unused;
• that he has made or • number of voters who
received a promise to cast their votes;
influence the giving or • number of voters
withholding of any such challenged during the
vote; or voting;
• names of the watchers
• that he has made a bet or is present;
interested directly or • time the counting of
indirectly in a bet which votes commenced and
depends upon the result of ended;
the election. • number of official ballots
found inside the
The challenged person shall take a compartment for valid
prescribed oath before the board of election ballots;
inspectors that he has not committed any of • number of valid ballots
the acts alleged in the challenge. Upon the retrieved from the
taking of such oath, the challenge shall be compartment for spoiled
dismissed and the challenged voter shall be ballots, if any;
allowed to vote, but in case of his refusal to • number of ballots found
take such oath, the challenge shall be folded together, if any;
sustained and he shall not be allowed to vote. • number of spoiled ballots
withdrawn from the
Non-conclusiveness of admission of compartment for valid
challenged vote (Sec. 201, B.P. 881) ballots;
• number of excess ballots;
It must be noted that the admission of • number of marked
the challenged vote shall not be conclusive ballots;
upon any court as to the legality of the • number of ballots read
registration of the voter challenged or his vote and counted;
in a criminal action against such person for • time the election returns
illegal registration or voting. were signed and sealed in
their respective special
Records or Statements to be Prepared and envelopes;
Kept • number and nature of
protests made by
Record of Challenges and Oaths watchers;
• such other matters that
The poll clerk shall keep a prescribed the Commission may
record of challenges and oaths taken in require.
connection therewith and the resolution of the
board of election inspectors in each case and, Copies of this statement after being duly
upon the termination of the voting, shall certify accomplished shall be sealed in separate
that it contains all the challenges made. envelopes and shall be distributed as follows:
Marked ballots are ballots containing a • Where 170 ballots were voted for in the
distinguishing mark which would tend to same manner and there is evidence
identify the voter who cast such ballot. aliunde to prove that such manner of
voting was planned.
Purpose of Disallowing Marked Ballots
• Where the name of 1 candidate is
Some unscrupulous persons taking clearly and markedly indented to the
advantage of their influence or political right to make the ballot easily
prestige may require voters to place a distinguishable.
distinguishing “mark” on their ballot, in
consideration of some promise, reward or • Use of two or more kinds of writing
other valuable consideration and to which the deliberately put by the voter to serve
voters would have no escape because of the as identification marks.
distinguishing marks required of them to place
on their ballots. This threatens the • Writing the name of a person who is not
independence of the voters in the exercise of a candidate 3 times on 3 spaces
their right to vote. Hence, the prohibition on provided for in different offices.
marked ballots.
• Expressions opposite the space for
Effect of Marked Ballots candidates written for the purpose of
identification.
Marked ballots are invalidated in their
entirety, and none of the votes therein are • The inclusion of the names of 2 well-
counted. known movie stars who were not
candidates.
Determination of Marked Ballots
• Writing the name of a registered voter
In discounting marked ballots, great who is not a candidate.
care should be used in rejecting them. Election
laws are designed to effectuate the will of the • The placing, without explanation of
electorate. Only in an unmistakable case where initials, after the corrected names of
the ballot appeared to be marked, should it be candidates for mayor and vice-mayor.
rejected.
• Placing a big letter “X” immediately after
The determinative factor in the the name of a candidate for councilor.
nullification of ballots for being marked as
following a design or pattern, is the existence • The capital letter “N” opposite the
42
printed words for senators.
Appreciation of Ballots
• Writing the word “sinador” in a place far
and separate from the proper spaces Guiding Principles in the Appreciation of
for candidates. Ballots
The following ballots have been considered Minor blemishes should not affect the
NOT marked: validity of the ballot where the intention of the
voter to vote for certain persons is discernible
• Writing the word “sorry” after the name in the ballot.
of a candidate as an expression of
regret for committing a mistake. Errors in spelling, honest mistakes due
to ignorance or illiteracy should not defeat the
• Canceling names and re-writing them to intention of the voter. However, if the ballot is
conform with a sample ballot. so defective as to fail to show any intention, it
must be disregarded.
• Misspelling the name of a candidate.
Sanchez vs. COMELEC ( 153 SCRA 67)
• Illegible writings, being imprints of other
names written on the ballot caused by Appreciation of ballots is a function of
the folding of the same. the BEI, not the Board of Canvassers.
• Writing crosses and circles signifying the Bautista vs. Castro ( 206 SCRA 305)
desistance of the voter to write any
other name. In appreciating a ballot, the object
should be to ascertain and carry into effect the
• Writing a word before the name of a intention of the voter if it can be determined
candidate as an appellation of affection with reasonable certainty.
or friendship.
Rules for Appreciation of Ballots (Sec.
• Affixing the nickname of a candidate. 211, BP 881)
• Innocent erasures in the spaces for the Every ballot shall be PRESUMED VALID UNLESS
candidates. there is clear and good reason to reject it.
Member Same as for Vice-Chairman Same as for Vice-Chairman Same as for Vice-Chairman
When Ministerial
The COMELEC shall have direct control and The canvass proceedings must be open
supervision over the board of canvassers. and in public.
During the canvass, the Board of A majority vote of all the members of
Canvassers prepares the Statement of Voters, the Board of Canvassers is needed in order to
which is tabulation per precinct of the votes render a decision.
obtain by the candidates as reflected in the
election returns. It is this Statement of Votes Period to Complete Canvass
which forces the basis of the certificate of
canvass and of the proclamation. Subject to reasonable exceptions, the
Board of Canvassers is required to complete attempts to paralyze the canvassing and
their canvass within the following periods: proclamation.
Any violation of this requirement is an The Supreme Court can review the
election offense. (Sec. 231, B.P. 881) decisions of COMELEC ONLY in cases of grave
abuse of discretion in the discharge of QUASI-
Canvassing Committees (Sec. 22, R.A. JUDICIAL POWERS and not in the exercise of
6646) its administrative duties.
Preparation of the Certificate of Canvass candidates who obtained the highest number
and Statement of Votes of votes cast in the province, city, municipality
or barangay. (Sec. 231, B.P. 881)
Certificate of canvass
Failure to comply with this requirement
The respective board of canvassers shall constitute an election offense.
shall prepare a certificate of canvass duly
signed and affixed with the imprint of the Statement of votes
thumb of the right hand of each member,
supported by a statement of the votes received The statement of votes is a tabulation
by each candidate in each polling place and, on per precinct of votes garnered by candidates
the basis thereof, shall proclaim as elected the as reflected in the election
returns; its preparation is an administrative supervision.
function of the board, purely a mechanical act
over which COMELEC has direct control and The Statement of Votes supports the
certificate of canvass and is the basis of 1st copy: Congress, directed to the
proclamation. Consequently, any error in the Senate President for use in the
Statement of Votes would affect the canvass of election results for
proclamation made on the basis thereof. President and Vice-President
Failure to object to the Statement of 2nd copy: COMELEC, for use in the
Votes before the Board of Canvassers does not canvass of the election results
constitute a bar to raising the issue for the first for Senators
time before the COMELEC, as the law is silent
as to when such objection may be raised. 3rd copy: To be kept by the chairman of
the board of canvassers
Number of Copies of the Certificates of
Canvass and Their Distribution (Sec. 29, 4th copy: Citizens' arm designated by the
R.A. 7166) COMELEC to conduct media-
based unofficial count
City or Municipal Board of Canvassers:
5th to 7th copies: Representatives of any
The City or Municipal Board of 3 of 6 major political parties
Canvassers shall prepare the certificates of according to the voluntary
canvass for President, Vice-President, agreement of the parties; if
Senators, Members of the House of there is no agreement,
Representatives, and Elective Provincial COMELEC shall decide based on
Officials in 7 copies to be distributed as the criteria under sec. 26 of RA
follows: 7166
Proclamation of a Lone Candidate (R.A. WHO MAY FILE: Any registered candidate for
the same office candidacy
WHEN FILED: Within 5 days from the last day A certificate of candidacy may be
for the filing of certificates of cancelled or denied due course on either of the
candidacy following grounds:
WHERE FILED: With the COMELEC (1) False material representation in the
certificate of candidacy;
PROCEDURE:
(2) Ifthe certificate filed is a substitute
(1) The petition is filed with the COMELEC Certificate of Candidacy, when it is
personally or through duly-authorized not a proper case of substitution
representative within 5 days from the under Sec. 77 of BP 881 (Sec. 2, Rule
last day for the filing of certificates of 24, COMELEC Rules of Procedure)
candidacy. Filing by mail is not allowed.
Nature of proceedings
(2) Within 3 days from the filing of the
petition, the COMELEC shall issue Proceedings for cancellation or denial
summons to the respondent candidate, of due course of a certificate of candidacy are
together with a copy of the petition and summary in nature.
its enclosures, if any.
Procedure
(3) The respondent shall then have 3 days
from receipt of the summons to file his WHO MAY FILE: Any citizen of voting age, or
verified answer (not a motion to A duly registered political
dismiss) to the petition, serving copy party, organization, or coalition
thereof upon the petitioner. Grounds for of political parties
a motion to dismiss may be raised as an
affirmative defense. WHEN FILED: Within 5 days from the last day
for the filing of certificates of
(4) The COMELEC may then designate any of candidacy
its officials who are lawyers to hear the
case and receive evidence. In lieu of oral WHERE FILED: With the Law Department of
testimonies, the parties may be required the COMELEC
to submit position papers together with
affidavits or counter-affidavits and other PRE-PROCLAMATION CONTROVERSIES
documentary evidence. The hearing
officer shall immediately submit to the
Meaning of Pre-Proclamation Controversy
COMELEC his findings, reports, and
recommendations within 5 days from the
completion of such submission of A pre-proclamation controversy refers
evidence. to any question or matter pertaining to or
affecting the proceedings of the board of
(5) The COMELEC shall then render its canvassers, or any matter raised under Sec.
decision within 5 days from receipt of the 233-236 of BP 881 in relation to the
findings of the hearing officer. This preparation, transmission, receipt, custody and
decision shall be disseminated by the appreciation of the election returns. (Sec.
COMELEC to the city or municipal 241, BP 881)
election registrars, boards of election
inspectors, and the general public in the The institution of the pre-proclamation
political subdivision concerned within 24 controversy was intended to prevent the
hours through the fastest available nefarious practice known as “grab-the-
means. proclamation, prolong-the-protest”.
Where the Certificate of Votes shows Jurisprudence has held that the
tampering, alteration and falsification, or any following issues are not proper in a pre-
other anomaly in the preparation of the proclamation controversy:
election return, the Comelec should order a
recount of the votes cast in the precinct, after • Appreciation of ballots, as this is
performed by the Board of Election sit as such is objected to if it
Inspectors at the precinct level and is comes after the canvassing of
not part of the proceedings of the the board, or immediately at the
Board of Canvassers (Sanchez v. point where the proceedings are
COMELEC, 153 SCRA 67, reiterated in or begin to be illegal. Otherwise,
Chavez v. COMELEC, 211 SCRA 315); by participating in the
proceedings, the petitioner is
• Technical examination of the deemed to have acquiesced in
signatures and thumb marks of the composition of the Board of
voters (Balindong v. COMELEC, 260 Canvassers.
SCRA 494; Matalam v. COMELEC,
271 SCRA 733); (b) If the petition is for correction,
it must be filed not later than 5
• Prayer for re-opening of ballot boxes days following the date of
proclamation, and must implead
(Alfonso v. COMELEC, G.R. No.
all candidates who may be
107847, June 2, 1994);
adversely affected thereby.
(Sec. 5(b), Rule 27, COMELEC
• Padding of the Registry List of Voters Rules of Procedure)
of a municipality, massive fraud and
terrorism (Ututalum v. COMELEC, PROCEDURE:
181 SCRA 335);
If filed with the Board first:
• Challenges directed against the Board
of Election Inspectors (Ututalum v. (1) Petitioner submits his / her
COMELEC, supra) objection to the chairman of the
board of canvassers.
• Fraud, terrorism and other illegal
(2) The Board makes its ruling.
electoral practices. These are
properly within the office of election
(3) Within 3 days from the ruling, the
contests over which electoral
parties adversely affected may
tribunals have sole, exclusive
appeal the matter to the COMELEC.
jurisdiction. (Loong v. COMELEC)
(2) Upon receipt of such objection, the (9) Immediately upon receipt of the
Board automatically defers the notice of appeal, the Board makes
canvass of the contested returns an appropriate report to the
and proceeds to canvass the COMELEC, elevating therewith the
returns which are not contested by complete records and evidence
any party. submitted in the canvass, and
furnishing the parties with copies of
(3) Within 24 hours from and after the the report.
presentation of such objection, the
objecting party submits the (10) The COMELEC summarily decides
evidence in support of the the appeal within 7 days from
objection, which shall be attached receipt of the record and evidence
to the form for written objections. elevated to it by the Board.
Within the same 24-hour period, (11) The COMELEC's decision becomes
any party may file a written and executory after the lapse of 7 days
verified opposition to the objection from receipt thereof by the losing
in the prescribed COMELEC form, party.
attaching supporting evidence, if
any. The Board shall not entertain (12) The COMELEC then authorizes the
any objection or opposition unless Board of Canvassers to proceed
reduced to writing in the prescribed with the proclamation of the
forms. winner. Any proclamation made
without COMELEC authorization is
(4) The Board chairman immediately void ab initio, unless the contested
and formally admits the evidence returns do not adversely affect the
attached to the objection or results of the election. (Sec. 20,
opposition by affixing his signature R.A. 7166)
at the back of each and every page
thereof. This procedure is mandatory. Non-
compliance with any of the steps above is fatal
(5) Upon receipt of the evidence, the to the pre-proclamation petition.
Board considers the objection and
the opposition, and summarily rules
Effect of filing of pre-proclamation The dismissal of a pre-proclamation
controversy controversy does not mean that the
disqualification case is moot and academic.
The period to file an election contest The two are independent of each other. The
shall be SUSPENDED during the pendency of purpose of the pre-proclamation controversy is
the pre-proclamation contest in the COMELEC to ascertain the winners in the elections on the
or the Supreme Court. (Alangdeo v. basis of election returns duly authenticated by
COMELEC, June 1989) the board of inspectors and admitted by the
board of canvassers. The purpose of the
The right of the prevailing party in the disqualification proceeding is to prevent the
pre-proclamation contest to the execution of candidate from running, or if elected, from
COMELEC’s decision does not bar the losing serving, or to prosecute him for violation of
party from filing an election contest. election laws. The mere fact that a candidate
has been proclaimed does not signify that his
Despite the pendency of a pre- disqualification is deemed condoned and may
proclamation contest, the COMELEC may order no longer be the subject of a separate
the proclamation of other winning candidates investigation.
whose election will not be affected by the
outcome of the controversy. Agbayani v. COMELEC
Before the COMELEC can act on a See discussion under Certificates of Candidacy.
verified petition seeking a declaration of failure
of election, the following conditions must Priority of disqualification cases
concur:
The COMELEC and the courts shall give
(1) No voting has taken place in the priority to cases of disqualification for violation
precincts concerned on the date of the Omnibus Election Code, to the end that
fixed by law, or even if there was a final decision shall be rendered not later than
voting, the election nonetheless 7 days before the election in which the
resulted in a failure to elect; and disqualification is sought. (Sec. 72, BP 881)
The fact that the candidate who Objections to the inclusion of election
obtained the highest number of votes is later returns are directed primarily at the ballots
declared to be disqualified or not eligible for reflected in the returns, this involves
the office to which he was elected, does not appreciation of ballots and cannot be raised in
necessarily entitle the candidate who obtained an election protest.
the second highest number of votes to be
declared the winner of the elective office. Balindong vs Comelec (260 SCRA 494)
The Supreme Court, sitting en banc, The Regional Trial Courts and Municipal
shall be the sole judge of all contests relating Trial Courts have exclusive original jurisdiction
to the election, returns, and disqualifications of over municipal and barangay officials,
the President, Vice-President, and may respectively.
promulgate its rules for such purpose. (Art.
VII, Sec. 4, 1987 Constitution) It must be noted that cases involving
qualifications of candidates for the
Electoral Tribunals of the Senate and Sangguniang Kabataan filed before the election
House of Representatives are decided by the Election Officer, while those
filed after the election are decided by the
The Senate and the House of MTCs. (Nachura, p. 389)
Representatives have their own electoral
tribunals. Each electoral tribunal has 9 Powers of the COMELEC in relation to
members: 3 Supreme Court Justices, 6 election contests
members of the Senate or House of
Representatives, as the case may be, who shall The power of COMELEC to decide
be chosen on the basis of proportional election cases includes the power to determine
representation from the political parties and the validity or nullity of votes.
the parties or organizations registered under
the party-list system represented therein. The COMELEC has the power to issue
(Art. VI, Sec. 17, 1987 Constitution) writs of certiorari, prohibition, and mandamus.
However, this power can only be exercised in
For purposes of election contests aid of its appellate jurisdiction. (Relampagos v.
cognizable by the Electoral Tribunals, the rules Cumba, 243 SCRA 690)
of procedure of such tribunals shall prevail
over the provisions of the Omnibus Election Kinds of election contests
Code. (Lazatin v. HRET, 168 SCRA 39)
There are 2 kinds of election contests
COMELEC that may be filed: an election protest, and a
quo warranto case.
The COMELEC has exclusive original
jurisdiction over all election contests relating to Election Protest
the elections, returns, and qualifications of all
elective: WHO MAY FILE:
(1) Regional Officials; Any candidate who has filed a certificate
(2) Provincial Officials; and of candidacy and has been voted upon for
(3) City Officials the same office, and who has not himself
caused or contributed to the irregularities
Decisions in these cases may be or frauds of which he complains
appealed to the Supreme Court.
GROUNDS:
The COMELEC has appellate jurisdiction
over all contests involving elective municipal Fraud, terrorism, irregularities or illegal
officials decided by trial courts of general
acts committed before, during or after the
casting and counting of votes (6) After the case has been submitted for
decision, the COMELEC shall render its
PERIOD FOR FILING: decision. If the case is being heard by a
Division, the case shall be decided within
Within 10 days from proclamation of the 10 days. If it is being heard by the
results of the election COMELEC en banc, it shall be decided
within 30 days.
Where, after 5 days from the
proclamation of the winning candidate, (7) The decision of a division becomes final
the loser files a motion for reconsideration and executory after the lapse of 15 days
in the pre-proclamation controversy, there following its promulgation. The aggrieved
are only 5 days which remain of the party may file a timely motion for
period within which to file an election reconsideration within 5 days from
protest. (Roquero v. COMELEC, 289 promulgation of the decision on the
SCRA 150) grounds that the evidence is insufficient to
justify the decision; or that the said
PROCEDURE: decision is contrary to law.
A. For protests filed with the For the COMELEC en banc, the decision
COMELEC (Rule 20 vis-à-vis becomes final and executory 30 days from
Rules 10-19, COMELEC Rules of its promulgation.
Procedure)
Veloria vs Comelec (211 SCRA 907)
(1) Protestant files a verified petition with the
COMELEC within 10 days from A motion for the reconsideration of the
proclamation and pays the required docket RTC decision is a prohibited pleading and does
fees. Failure to pay the basic docket fee not interrupt the 5-day period for appeal.
will result in the dismissal of the protest.
(Gatchalian v. COMELEC, 245 SCRA 208) Garcia vs. De Jesus (206 SCRA 779)
(2) The Clerk of Court of the COMELEC or the But the Comelec cannot deprive the
division concerned issues the RTC of its competence to order execution of its
corresponding summons to the protestee decision pending appeal, this being a judicial
within 3 days from the filing of the petition. prerogative and there being no law not
authorizing the same; besides, the Comelec
(3) Protestee must file an answer within 5 rules would deprive the prevailing party of a
days from service of summons and a copy substantial right to move for such relief.
of the petition. The protestee may
incorporate in his answer a counter-protest Relampagos vs. Cumba (243 SCRA 502)
or counterclaim.
In the exercise of its exclusive
The COMELEC may not entertain a appellate jurisdiction, the Comelec has the
counter-protest filed beyond the power to issue writs of prohibition, mandamus
reglementary period to file the same. (Kho or certiorari, because the last par. of sec. 50
v. COMELEC, G.R. No. 124033, Sept. 25, BP 697 is still in full force and effect and has
1997) not been repealed nor amended by BP 881.
(abandons Veloria and Garcia)
(4) Protestant has 5 days from receipt of the
answer or answer with counterclaim or Galido vs. Comelec (193 SCRA 78)
counter-protest to file his reply or answer
to counter-protest or counterclaim, The fact that decisions, final orders or
respectively. rulings of the Comelec in appealed cases
involving elective municipal and barangay
If no answer is filed to the protest or officials are final, executory and unappealable
counter-protest, a general denial is does not preclude a recourse to the Supreme
deemed to have been entered. Court by way of a special civil action for
certiorari. (But only when Comelec’s factual
(5) After the issues have been joined, the case determination is marred by grave abuse of
shall be set for hearing and presentation discretion = Alvarez vs. Comelec)
and reception of evidence.
Puzon vs. HRET (Feb. 1989)
case, that none of them has been legally
The Supreme Court declared the elected.
review of a decision of the Electoral Tribunal is
possible only in the exercise of supervisory or (8) The decision becomes final 5 days after its
extraordinary jurisdiction, and only upon promulgation. No motion for
showing that the Tribunal’s error results from a reconsideration shall be entertained.
whimsical, capricious, unwarranted, arbitrary Should an aggrieved party wish to appeal
or despotic exercise of power. the decision to the COMELEC, he may do
so by filing a notice of appeal within 5 days
Lazatin vs. HRET (168 SCRA 391) from promulgation of the decision.
(4) Any other candidate for the same office Arao vs. Comelec (210 SCRA 290)
may intervene in the case within 5 days
from filing of the protest by filing a verified Failure of protestant to raise the
petition-in-intervention. The protestant or question of identical handwriting or of
protestee shall answer the protest-in- impugning the validity of the ballots on that
intervention within 5 days after notice. ground does not preclude the Comelec from
rejecting the ballots. Unlike an ordinary suit,
(5) If no answer is filed to the protest, an election protest is a public concern. The
counter-protest or protest-in-intervention rights of the contending parties must yield to
within the specified time limits, a general the far greater interest of the citizens in
denial is deemed to have been entered. upholding the sanctity of the ballot. Thus, the
Comelec simply cannot close its eyes to the
(6) After the issues have been joined, the case illegality of the ballots even if the protestant
shall be set for hearing. Presentation and omitted to raise the ground in his protest.
reception of evidence shall be completed
within 30 days from the date of the Emi vs. Comelec (243 SCRA 706)
commencement thereof.
The Court upheld the authority of the
(7) The Court shall decide the election contest Comelec to determine whether ballots had
within 30 days from the date it is been written by one or two persons, or in
submitted for decision, but in every case groups written by only one hand, without need
within 6 months after its filing. Such of calling for the services of handwriting
decision shall declare who among the experts, this investigation being more in the
parties has been elected, or in a proper nature of an internal process
Bulaong vs Comelec (220 SCRA 745) Sampayan vs. Daza (213 SCRA 807)
WHO MAY FILE: Any registered Ballots are properly used as evidence
voter in the constituency when the election returns are not available.
Certificate of Candidacy
The COMELEC has the exclusive
power to investigate and prosecute cases
involving violations of election laws. (Sec. 2 • Continued misrepresentation or
(6), Art. IX-C, 1987 Constitution; Sec. 268, holding out as a candidate of a
B.P. 881; De Jesus v. People, 120 SCRA 760) disqualified candidate or one
However, it may validly delegate the power to declared by final and executory
the Provincial Prosecutor or to the judgment to be a nuisance candidate
Ombudsman. (Sec. 27f, R.A. 6646);
- But it is not the duty of the Comelec as • Knowingly inducing or abetting such
investigator and prosecutor to gather proof in misrepresentation of a disqualified or
support of a complaint field before it nuisance candidate (Sec. 27f, R.A.
(Kilosbayan vs. Comelec, GR No. 128054, Oct. 6646);
16, 1997)
• Coercing, bribing, threatening,
In the event that the COMELEC fails to
harassing, intimidating, terrorizing,
act on any complaint within 4 months from its
or actually causing, inflicting or
filing, the complainant may file the complaint
producing violence, injury,
with the fiscal or the Department of Justice, if
punishment, torture, damage, loss
or disadvantage to discourage any • Coercion of subordinates to vote for
other person or persons from filing a or against any candidate (Sec. 261d,
certificate of candidacy in order to B.P. 881)
eliminate all other potential
candidates from running in a special
election (Sec. 5, R.A. 8295); • Dismissal of employees, laborers, or
tenants for refusing or failing to vote
Election Campaign for any candidate (Sec. 261d(2),
B.P. 881)
• Appointment or use of special
policemen, special agents or the like • Being a flying voter (Sec. 261z (2),
during the campaign period (Sec. B.P. 881)
261m, B.P. 881)
Counting of Votes
• Use of armored land, water or
aircraft during the campaign period • Tampering, increasing, decreasing
(Sec. 261r, B.P. 881) votes, or refusal to correct
tampered votes after proper
verification and hearing by any
• Unlawful electioneering (Sec. 261k, member of the board of election
B.P. 881) inspectors (Sec. 27b, R.A. 6646)
• Organization or maintenance of
• Intervening of public officers and reaction forces, strike forces, or
employees in the civil service in any similar forces during the election
partisan political activity (Sec. 261i, period (Sec. 261u, B.P. 881)
B.P. 881)
Other prohibitions
• Use of public funds for an election
campaign (Sec. 261o, B.P. 881) • Unauthorized printing of official
ballots and election returns with
• Illegal release of prisoners before printing establishments that are not
and after election (Sec. 261n, B.P. under contract with the COMELEC
881) (Sec. 27a, R.A. 6646)
• Carrying deadly weapons within the • Discrimination in the sale of air time
prohibited area (Sec. 261p, B.P. (Sec. 261dd (5), B.P. 881) In
881) addition to the prescribed penalty,
such refusal constitutes a ground for
Mappala v. Judge Nunez (240 SCRA 200) cancellation or revocation of the
franchise.
It is not necessary that the deadly
weapon be seized from the accused while he Failure to register or vote
was in the precinct or within a radius of 100
meters therefrom; enough that the accused Art. V, Sec. 1 of the 1987 Constitution
carried the deadly weapon within the states that suffrage "may" be exercised by
prohibited radius during any of the days and qualified citizens of the Philippines, as
hours specified in the law. compared to the 1935 and 1973 Constitutions
which used the term "shall." Thus, it can be
said that under the current Constitution, failure
to register or to vote is no longer an election
offense. Corrections, provincial warden, jail keeper or
persons who are required by law to keep said
Other election offenses under RA 6646 prisoners in their custody shall, if convicted, be
sentenced to suffer prison mayor in its
Person who violated provisions against maximum period. (Sec. 264, B.P. 881)
prohibited forms of election propaganda
Arrests in Connection with the Election
If the chairman of the BEI fails to affix his Campaign
signature at the back of the official ballot,
in the presence of the voter, before No person shall be arrested or detained
delivering the ballot to the voter. (under at any time for any alleged offense committed
RA 7166) during and in connection with any election
through any act or language tending to support
Good faith not a defense or oppose any candidate, political party or
coalition of political parties under or pursuant
Election offenses are generally mala to any order of whatever name or nature and
prohibita. Proof of criminal intent is not by whomsoever issued except only upon a
necessary. Good faith, ignorance, or lack of warrant of arrest issued by a competent judge
malice is not a defense; the commission of the after all the requirements of the Constitution
prohibited act is sufficient. (People v. Bayona, have been strictly complied with.
61 Phil. 181; People v. Fuentes, 181 Phil.
186) Prescription