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ELECTION LAW
Suffrage encompasses the following:

GENERAL PRINCIPLES
Sources of Philippine election law
The election laws of the Philippines are
contained in the following:

1987 Constitution
BP 881 (Omnibus Election Code)
RA 6646 (Electoral Reforms Law of 1987)
RA 6679 (Barangay Elections)
RA 6735 (Law Providing for Initiative and
Referendum)
RA 7166 (1991 Synchronized Elections
Law)
RA
7941
(Election
of
Party-List
Representatives)
RA 8189 (Continuing Registration)
RA 8436 (Automated Election System)
RA 8524
RA 9006 (Fair Election Act of 2001)

THEORY OF POPULAR SOVEREIGNTY

Art. II, Sec. 1 1987 Constitution:
The Philippines is a democratic
and republican state. Sovereignty
resides in the people and all
government authority emanates
from them.
A democratic and republican government
derives all its powers, directly or indirectly, from the
people at large. Its essence is indirect rule. Actual
sovereignty is exercised by the people by means of
suffrage.
Suffrage defined
Suffrage is the right and obligation of
qualified citizens to vote:
(1) in the election of certain national and
local officials, and
(2) in the decision of public questions
submitted to the people.
It is a political right which enables every
citizen to participate in the process of government to
assure that it derives it powers from the consent of
the governed. It operates on the principle of "one
man (or one woman), one vote."
Suffrage is not a natural right but a privilege
which may be given or withheld by the lawmaking
power subject to constitutional limitations. It is not
necessarily an accompaniment of citizenship; it is
granted only upon the fulfillment of certain minimum
conditions.
Scope of suffrage

(1) Election
Election is the means by which the people choose
their officials for definite periods and to whom they
entrust, for the time being as their representatives, the
exercise of powers of government. It involves the
choice of candidates to public office by popular vote.
a. Regular election refers to an election participated
in by those who possess the
right of suffrage and not
disqualified by law and who
are registered voters
b. Special election when there is failure of election
on the scheduled date of
regular
election
in
a
particular place or which is
conducted to fill up certain
vacancies, as provided by
law (ex. To fill in vacancy in
office before the expiration of
the term for which incumbent
was elected)
(2) Plebiscite
Plebiscite is the submission of constitutional
amendments or important legislative measures to the
people for ratification.
(3) Referendum
Referendum is the power of the electorate to
approve or reject legislation through an election called
for the purpose. (Sec. 2c, R.A. 6735) It may be of 2
classes, namely:
(a)

Referendum on statutes, which refers to a

petition to approve or reject an act or law, or
part thereof, passed by Congress; and

(b)

Referendum on local law which refers to a

petition to approve or reject a law, resolution
or ordinance enacted by regional assemblies
and local legislative bodies

(4) Initiative
Initiative is the power of the people to propose
amendments to the Constitution or to propose and
enact legislation through an election called for the
purpose. (Sec. 2a, R.A. 6735)
There are 3
systems of initiative, namely:
(a) Initiative on the Constitution which
refers to a petition proposing
amendments to the Constitution;
(b) Initiative on statutes, which refers to a
petition proposing to enact a national
legislation;
(c) Initiative on local legislation which
refers to a petition proposing to enact
a regional, provincial, city, municipal or
barangay law, resolution or ordinance
Note that in the case of Santiago v.
COMELEC, the Supreme Court held that

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there is no law yet that is sufficient enough
for proposing amendments to the
Constitution.
R.A. 6735 was deemed
sufficient for statutory amendments but not
Constitutional amendments.

Age
Must be at least 18 at the time of the election.

(5) Recall

Residence

Recall is the termination of official relationship of a

local elective official for loss of confidence prior to
the expiration of his term through the will of the
electorate.

For the purposes of election law, residence

is synonymous with domicile. Art. 50 of the Civil Code
provides that for the existence of civil rights and the
fulfillment of civil obligations, the domicile of natural
persons is the place of their habitual residence.
Domicile includes the twin elements of the fact of
residing or physical presence in a fixed place and
animus manendi, or the intention of returning there
permanently. (Romualdez-Marcos v. COMELEC)

Who can exercise

Under Art. V, Sec. 1 of the 1987 Constitution,
the right of suffrage may be exercised by all citizens
of the Philippines who are:
(1) not otherwise disqualified by law,
(2) at least 18 years of age, and
(3) have resided in the Philippines for at
least 1 year, and in the place
wherein they propose to vote for at
least
6
months
immediately
preceding the election.
The same provision provides that no literacy,
property or other substantive requirement shall be
imposed on the exercise of suffrage, and that
Congress may not add or alter the qualifications of
voters under Art. V, Sec. 1 of the 1987 Constitution.
This specification is an implied prohibition against
interference on the part of Congress in the right of
suffrage.
Congress, however, to a limited extent can
regulate the right of suffrage by:

Defining the qualifications of voters

Regulating elections
Prescribing the form of official ballot
Providing for the manner of
choosing candidates and the
names to be printed on the ballot
Regulating
the
manner
of
conducting elections
Suppressing whatever evils incident
to the election of public officers,
pursuant to its duty to secure the
secrecy and sanctity of the ballots
under Art. V, Sec. 2 of the 1987
Constitution.

Every person is deemed to have his domicile

somewhere, and when it has been acquired, it will be
deemed to continue until a new one has been
acquired. Temporary absences although frequent or
long continued, will not, while the person has a
continuous intention to return, deprive him of his
domicile and right to vote.
Any person who temporarily resides in
another city, municipality or country solely by reason
of his occupation, profession, employment in private
or public service, educational activities, work in the
military or naval reservations within the Philippines,
service in the AFP, the PNP, or confinement or
detention in government institutions in accordance
with law, shall not be deemed to have lost his original
residence. (Sec. 9, R.A. 8189)
It is not necessary that a person should have
a house in order to establish his residence or domicile
in a municipality. It is enough that he should live
there, provided that his stay is accompanied by his
intention to reside therein permanently.
Literacy requirements
The Constitution imposes no literacy
requirements; hence illiterates have the right to vote.
Property requirements
Neither does the Constitution impose any
property requirement since property ownership is not
a test of individual capacity. A property requirement is
not only inconsistent with the concept of a republican
government, but with the social justice principle of
equal opportunity as well.

What are the substantive requirements for the

exercise of suffrage?

Formal education

The only substantive requirements to exercise the

right to vote are: (CARA)

Formal education is no guarantee for good

citizenship or intelligent voting.

(1)
(2)
(3)
(4)

Citizenship
Age
Residency
Absence of disqualifications

Filipino citizenship
This may be by birth or naturalization.

Sex
There is no adequate or justifiable basis for
depriving women of equal voting rights.
Taxpaying Ability
This is related to property requirement.

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Romualdez-Marcos v. COMELEC (248 SCRA
300)
It is the fact of residence, not a
statement in the certificate of candidacy which
ought to be decisive in determining whether or
not an individual has satisfied the Constitutions
residency qualification requirement.
To successfully effect a change of
domicile, one must demonstrate: (1) an actual
removal or an actual change of domicile; (2) a
bona fide intention of abandoning the former
place of residence and establishing a new one;
and, (3) acts which correspond with the purpose.
Aquino v. COMELEC (248 SCRA 400)
The place where a party actually or
constructively has his permanent home, where
he, no matter where he may be found at nay
given time, eventually intends to return and
remain, i.e., his domicile, is that to which the
Constitution refers when it speaks of residence
for the purpose of election law. The purpose is to
exclude strangers or newcomers unfamiliar with
the conditions and needs of the community from
taking advantage of favorable circumstances
existing in that community for electoral gain.
Disqualifications
(1) Persons sentenced by final judgment to
suffer imprisonment for not less than one
(1) year.
(Note:
he / she shall
automatically re-acquire the right to vote
upon the expiration of 5 years after the
service of sentence.)
(2) Persons adjudged by final judgment of
having committed any crime involving
disloyalty to the duly constituted
government (e.g. rebellion, sedition,
violation of the firearms law) or any crime
against national security. (Note: he / she
shall automatically re-acquire the right to
vote upon the expiration of 5 years after
the service of sentence.)
(3) Insane or incompetent persons
declared by competent authority.

government.
To preserve the independence of the
COMELEC, appointments or designations in
temporary or acting capacities are not allowed.
Composition
Composition:
-

chairman
6 commissioners

Qualifications:

Natural born citizens

At least 35 years old
Holders of a college degree
Must not have been candidates for
any elective position in the
immediately preceding elections
Majority of the members, including
the chairman, should be members
of the Bar who have been
engaged in the practice of law for
at least 10 years.

The chairman and the commissioners are to

be appointed by the President with the consent of the
Commission on Appointments.
The Commissioners serve for 7 years
without reappointment, under staggered terms of 2
years interval: of 3 commissioners first appointed, 3
shall hold office for 7 years, 2 for 5 years, and the rest
for 3 years.
The staggering of terms makes the
COMELEC a continuing and self-perpetuating body,
and consequently its members would have the benefit
of the experience and expertise of the older members
in the performance of its functions.
The COMELEC Commissioners are subject to the
same disabilities imposed on the President and the
Vice-President, including the prohibition against
holding any other office or engaging in any other
profession or business.

as

THE COMELEC

Powers and functions

The powers and functions of the COMELEC
may be classified as follows:
(1) Enforcement and administration of
election laws and regulations (Art.
IX-C, Sec. 2 (1), 1987 Constitution)

Purpose
The purpose of the COMELEC is to protect
the sanctity of the ballot and to ensure the free and
honest express of the popular will.
To achieve this, the COMELEC was created
as an independent administrative tribunal, co-equal
with the other departments with respect to the powers
vested in it, and not under any of the branches of
Government. The intention is to place it outside the
influence of political parties and the control of the
legislative, executive, and judicial organs of the

Promulgation
of
rules
and
regulations (Art. IX-C, Sec. 6; BP
881, Sec. 52b)

Fixing of election period (which

shall commence 90 days before
the election and end 30 days
thereafter, unless otherwise fixed
by the COMELEC in special

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cases; Art. IX-C, Sec. 6, 1987
Constitution)

Fixing of other reasonable periods

for
certain
pre-election
requirements (BP 881, Sec. 52m)

Declaration
of
failure
or
postponement of elections, as well
as call for special elections (Sec.
4, RA 7166)

Prescribe forms, as well as use or

adoption of latest technological
and electronic devices (BP 881,
Sec. 52 g, i)

reporter criticizes a contract

with COMELEC for supplies, or
a person fails to follow the
procedure for the distribution of
ballot boxes).

To issue warrants of arrest;

Of certiorari, prohibition and

mandamus (Note: but only in
exercise of its appellate
jurisdiction;
Relampagos v.
Cumba, )

(3) Decide all questions affecting elections

(Art. IX-C, Sec. 2 (3), 1987 Constitution)

Annulment or cancellation of illegal

registry lists of voters and ordering
the preparation of a new one;

The power of the COMELEC to

decide all questions affecting elections
pertains to the following:

Cancellation of the canvass of

election returns and annulment of
a
proclamation
based
on
incomplete
results.
(Note,
however, that the COMELEC does
not have the power to annul an
election which may not have been
free, orderly, and honest as such
power is merely preventive and
not curative.)

(1) determination of the number

and location of polling places
(2) appointment of election
officials and inspectors
(3) registration of voters
However, the COMELEC has
NO jurisdiction over questions involving
the right to vote (i.e. disqualifications of
voters, right of a person to be registered,
etc.), as these rest within the exclusive
original jurisdiction of the MTC, appealable
to the RTC.

(2) Quasi-judicial powers

The COMELEC has exclusive
original jurisdiction over all
contests relating to the election,
returns and qualifications of all
elective, regional, provincial and
city officials.
The COMELEC has exclusive
appellate jurisdiction over all
contests
involving
municipal
officials decided by the RTC, or
involving
elective
barangay
officials decided by the MTC. In
these cases, the decisions therein
shall be final, executory and
unappealable. (Art. IX-C, Sec. 2
(2), 1987 Constitution)
Pursuant to its quasi-judicial
powers, the COMELEC has the power:

To issue subpoena;

To take testimony;

Of contempt (Note, however,

that the COMELEC's power to
punish for contempt may be
exercised ONLY in the exercise
of its quasi-judicial functions.
The COMELEC has no power
to hold a person in contempt in
the
exercise
of
its
administrative functions (e.g.

(4) Deputize, with the concurrence of the

President, law enforcement agencies and
instrumentalities of the Government for
the exclusive purpose of ensuring free,
orderly, honest, peaceful and credible
elections (Art. IX-C, Sec. 2(4), 1987
Constitution)

CMT cadets 18 yrs. of age and above

may be authorized to act as the
COMELEC's deputies for the purpose
of enforcing its orders (Sec. 52a, BP
881)

The COMELEC may deputize any

member or members of the AFP, NBI,
PNP or any similar agency or
instrumentality of the government
(except civilian home defense forces)
during the period of the campaign and
ending 30 days thereafter, when in
any area of the country there are
persons committing acts of terrorism
to influence people to vote for or
against any candidate or political
party. (Sec. 52b, BP 881)

(5) Register political parties, etc. (Art. IX-C,

Sec. 2 (5), 1987 Constitution)
(6) Accredit citizens' arms (Art. IX-C, Sec. 2
(5), 1987 Constitution)
(7) Investigation and prosecution of cases of

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violation of election laws (Art. IX-C, Sec. 2
(5), 1987 Constitution)
The COMELEC has the power of a
public prosecutor with the exclusive
authority to conduct the preliminary
investigation and the prosecution of
election offenses punishable under the
election law.

The purpose of supervision and

regulation is to guarantee or ensure
equal opportunity for public service
and the equitable right to reply, for
public information campaigns and fora
among candidates, and assure free,
orderly, honest, peaceful and credible
elections. (Sec. 2, R.A. 9006)

The power may be exercised upon

complaint or motu propio.
The Ombudsman has NO jurisdiction
to prosecute election offenses. He may
do so only if he is deputized by the
COMELEC.
(8) Filing of petitions in court for inclusion or
exclusion of voters (Art. IX-C, Sec. 2 (6),
1987 Constitution)
(9) Recommendatory:
(a) to Congress

effective measures to minimize

election spending, including
limitation of places where
propaganda materials shall be
posted, and to prevent and
penalize all forms of election
frauds, offenses, malpractices,
and nuisance candidates. (Art.
IX-C,
Sec.
2
(7),1987
Constitution)

No franchise or permit to operate a

radio or television station shall be
granted or issued, suspended or
cancelled during the election period.
(Sec. 6.4, R.A. 9006)
COMELEC is mandated under Sec. 7
of R.A. 9006 to exercise affirmative
action in procuring print space upon
payment of just compensation from at
least 3 national circulation, and free
airtime from at least 3 national TV
networks and 3 national radio
networks, all of which are to be
allocated free of charge equally and
impartially among all the candidates
for national office on 3 different
calendar days.
Quasi-Judicial Powers
Jurisdiction

(b) to the President

concessions granted by the Government or

any instrumentality thereof (Art. IX-C, Sec.
4, 1987 Constitution)

The COMELEC has exclusive original

jurisdiction over all contests relating to the election,
returns and qualifications of all elective, regional,
provincial and city officials.

for removal of any officer or

employee it has deputized
(Sec. 52a, BP 881);
for imposition of disciplinary
action for violation or disregard
of, or disobedience to its
directive, order, or decision
(Art. IX-C, Sec. 2 (8), 1987
Constitution);

The COMELEC has exclusive appellate

jurisdiction over all contests involving municipal
officials decided by the RTC, or involving elective
barangay officials decided by the MTC. In these
cases, the decisions therein shall be final, executory
and unappealable. (Art. IX-C, Sec. 2 (2), 1987
Constitution)

for pardon, amnesty, parole,

suspension of sentence for
violation of election laws, rules
and regulations (Art. IX-C, Sec.
5 1987 Constitution;
This is to prevent the possibility
of the President granting
executive clemency for political
reasons.)

Rendition of Decision
Composition; En Banc and Division Cases
The COMELEC may sit en banc or in 2
divisions.

(10) Supervision / Regulation, for the duration of

the election period, of use of all franchises
or permits for operation of:
transportation and other public utilities;

As a general rule, election cases shall be

heard and decided in division.
Decisions that must be rendered by the
COMELEC en banc include:

media of communication or information;

all

grants,

special

privileges,

or

Decisions on motions for

reconsideration (Art. IX-C,
Sec. 3, 1987 Constitution);
Petitions for correction of
manifest
errors
in
the

Statement of Votes (Sec. 5,

Rule 27 of the 1993 Rules of
the COMELEC);
Questions
pertaining
to
proceedings of the Board of
Canvassers
(Mastura
v.
COMELEC, 285 SCRA 493)
Postponement of election
(Sec. 4, R.A. 7166)
Declaration of failure of
election (Sec. 4, R.A. 7166)
Calling of special elections
(Sec. 4, R.A. 7166)

Time Period and Votes Required

The COMELEC shall decide by a majority vote of
all its members any case or matter brought before it
within 60 days from the date of its submission for
decision or resolution. (Art. IX-A, Sec. 7 1987
Constitution)
Judicial Review
Unless
otherwise
provided
by
the
Constitution or by law, any decision, order or ruling of
each Commission may be brought to the Supreme
Court on certiorari by the aggrieved party within 30
days from receipt of a copy thereof. (Art. IX-A, Sec.
7, 1987 Constitution)
What is contemplated in this provision are
decisions, orders or resolutions rendered by the
COMELEC in the exercise of its adjudicatory or quasijudicial powers not those which are mere incidents of
its inherent administrative functions over the conduct
of elections. Questions arising from the latter may be
taken in an ordinary civil action before the RTC.
By certiorari, a party raises questions of law
in the Supreme Court. Findings of fact made by the
COMELEC are conclusive upon the Supreme Court.
The Supreme Court has no power of
supervision over the COMELEC except to review its
decisions on petitions by certiorari. The certiorari
jurisdiction of the Supreme Court is confined to
instances of grave abuse of discretion amounting to
patent and substantial denial of due process
committed by it in the exercise of its quasi-judicial
powers.
ELECTIONS IN GENERAL

It is an election held to fill a vacancy in an

office before the expiration of the full term for which
the incumbent was elected, or an election at which
some issue or proposition is submitted to the vote of
the qualified electors.
Date of Election Under the Law
In accordance with the Constitutional policy
to synchronize elections, there is a simultaneous
conduct of elections for national and local officials
once every 3 years. Under R.A. 7166, elections shall
be held on the 2nd Monday of May.
The President and Vice-President
elected on the same day every 6 years.

are

Senators, Elective Members of the House of

Representatives, and Elective Provincial, City and
Municipal Officials are elected on the same day every
3 years, except with respect to the Senators, only 12
of whom shall be elected every 3 years.
Barangay Elections are held on the same
day, and every 5 years thereafter, the term for elective
barangay officials having been extended from 3 years
to 5 years. (R.A. 7160, Sec. 43 (c) as amended by
R.A. 8524)
Time and Place for Holding Elections
The time must be fixed by the authoritative
power (i.e. the Constitution; laws in the case of
regular elections; the executive or other designated
power in the case of special elections). The place for
holding elections shall be fixed by general law or by a
proclamation or by the notice by which the election is
called. Such designated place shall be mandatory.
In case of emergencies which necessitate
the changing of a polling place, adequate general
notice must be given.
Manner of Holding Elections
While the manner of holding elections must
be regulated, it is obvious that the manner prescribed
is intended simply to secure the correct result.
Manner and form should not be allowed to defeat the
undoubted will of the people clearly expressed. (C.J.
Simpson)

General election

Regulations prescribed are merely directory,

and a failure to observe them fully will not invalidate
the election, where an election has been held in good
faith and irregularities do not affect the result.

It is one provided for by law for the election

to offices throughout the State or a certain subdivision
thereof, after the expiration of the full term of former
officers.

Where a special election is provided for, but

no method of holding it is declared, it will be sufficient
if it is held in the manner prescribed for the holding of
general elections.

Kinds of elections

Special election
It is one provided for by law under special
circumstances.

PRE-ELECTION REQUIREMENTS
PRECINCTS AND POLLING PLACES

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Precincts
Precinct, defined
- unit of territory for the purpose of voting
(Sec. 149, BP 881)
Establishment of Precincts
The COMELEC shall establish all election
precincts. Each barangay shall have at least 1 such
precinct. (Sec. 149, BP 881)
The COMELEC may introduce adjustments,
changes or new divisions or abolish precincts if
necessary. But no changes shall be introduced within
45 days before a regular election and 30 days before
a special election or referendum or plebiscite. (Sec.
149, BP 881)
Where it is not practicable to divide a
precinct by territory, the COMELEC may adjust or split
the precinct by assigning the registered voters
alphabetically and equitably among the adjusted or
split precinct. The polling places of the said precincts
must be in the same building. (Sec. 8, R.A. 7166)
Publication of Maps of Precincts
At least 5 days before the first registration
day and until after the election, referendum, or
plebiscite, the COMELEC shall post in the city or
municipal hall and in 3 other conspicuous places and
on the door of each polling place, a map of the city or
municipality showing its division into precincts. Such
maps shall be kept posted until after the election,
referendum or plebiscite. (Sec. 151, BP 881)

booths, shall be in plain view of the board of election

inspectors, the watchers and other persons who may
be within the polling place. (Sec. 159 (d), BP 881)
The COMELEC shall post inside each voting
booth and elsewhere in the polling place on the day
before the election, referendum, or plebiscite and
during the voting period a list containing the names of
all candidates or the issues or questions to be voted
for. (Sec. 158; BP 881)
There shall be a guard rail between the
voting booths and the table for the Board of Election
Inspectors. (Sec. 159; BP 881)
Inspection of polling places
Before the day of the election, referendum or
plebiscite, the Chairman of the COMELEC shall,
through its authorized representatives, see to it that
all polling places are inspected and such omissions
and defects as may be found are corrected. (Sec.
163, BP 881)
OFFICIAL BALLOTS, ELECTION RETURNS
& BALLOT BOXES
Form and Contents of ballots
The ballots shall:

be uniform in size;

be printed in black ink on white

security paper with distinctive,
clear and legible watermarks that
will readily distinguish it from
ordinary paper;

be in the shape of a strip with

stub and a detachable coupon
containing the serial number of
the ballot and a space for the
thumbmark of the voter on the
detachable coupon;

bear at the top middle portion the

coat-of-arms of the Republic, the
words, Official Ballot, the name
of the city or municipality and the
province, the date of the election
and the following notice in
English, Fill out this ballot
secretly inside the voting booth.
Do not put any distinctive mark
on any part of this ballot;

contain the names of all the

offices to be voted for, allowing
opposite the name of each office,
sufficient space or spaces with
horizontal lines where the voter
may write the name or names of
the individual candidates voted
for by him;

Polling Places
Polling place, defined
POLLING PLACE:
Building
or
place
where the Board of Election Inspectors
conducts its proceedings and where the
voters cast their votes (Sec. 152, BP 881)

Designation of polling places

The COMELEC may introduce changes in
the location of polling places when necessary after
notice to the registered political parties and
candidates affected if any, and hearing. No location
shall be changed within 45 days before a regular
election and 30 days before a special election,
referendum or plebiscite except when it is destroyed
or it cannot be used. (Sec. 153, BP 881)
Arrangements and Contents of Polling Places
Each polling place shall have at least 10
voting booths of such size, specifications and
materials as the COMELEC may provide to enable
the voters to fill out their ballots secretly. (Sec. 158,
BP 881) The polling place shall be so arranged that
the booths, the table, the ballot boxes and the whole
polling place, except what is being written within the

have nothing printed or written at

the back except the signature of
the chairman of the Board of
Election Inspectors

Notwithstanding the preceding provisions,

COMELEC may prescribe a different form of official
ballot on the same watermarked security paper to
facilitate the voting by illiterate voters only and to use
or adopt the latest technological and electronic
devices in connection therewith. (Sec. 23, R.A. 7166)
Emergency Ballots
GR: No ballots other than the official ballots shall be
used or counted.
Exception: "Emergency ballots" may be used if:
failure to receive the official ballots on time
there are no sufficient ballots for all
registered voters
the ballots are destroyed at such time as
shall render it impossible to provide other
official ballots.
In these cases, the city or municipal treasure
shall provide other ballots which shall be as similar to
the official ones as circumstances will permit and
which shall be uniform within each polling place.
(Sec. 182, BP 881)
Printing of official ballots and election returns
The official ballots and election
returns shall be printed by the Government Printing
Office and/or the Central Bank printing facilities
exclusively, under the exclusive supervision and
control of the COMELEC which shall determine and
provide the necessary security measures in the
printing, storage and distribution thereof. (Sec. 184,
BP 881)
The registered political parties or
coalitions of parties (or their components should there
be any dissolution or division of said coalition) whose
candidates obtained at least 10% of the total votes
cast in the next preceding senatorial election are each
entitled to have a watcher and/or representative in the
procurement and watermarking of papers to be used
in the printing of election returns and official ballots,
and in the printing, numbering, storage and
distribution thereof. (Sec. 8, R.A. 6646)
Requisition and Distribution
The official ballots and election returns shall
be distributed to each city and municipality at the rate
of one and one-fifth ballots for every voter registered
in each polling place, and for election returns, at the
rate of one set for every polling place. (Sec. 186, BP
881)
The ruling party and the dominant opposition
party shall submit the names of their watchers who,
together with the representatives of the COMELEC
and the provincial, city, and municipal treasurers shall
verify the contents of the boxes containing the
shipment of official ballots, election returns and
sample official ballots. (Sec. 189, BP 881)

Publication
The COMELEC shall publish at least 10
days before an election, in a newspaper of general
circulation, certified data on the number of ballots and
returns and the names and addresses of the printers
and the number printed by each.
Ballot boxes
On the day of the voting, there shall be a
ballot box one side of which shall be transparent
which shall be set in a manner visible to the voting
public. It shall contain two compartments, one for
valid ballots and the other for spoiled ballots.
REGISTRATION OF VOTERS
Registration defined
- the act of accomplishing and filing of a sworn
application for registration by a qualified voter before
the election officer of the city or municipality wherein
he resides and including the same in the book of
registered voters upon approval by the Election
Registration Board. (Sec. 3a, R.A. 8189)
Necessity of registration
"The act of registration is an indispensable
precondition to the right of suffrage. For registration is
part and parcel of the right to vote and an
indispensable element in the election process. Thus
registration cannot and should not be denigrated to
the lowly stature of a mere statutory requirement.
Proceeding from the significance of registration as a
necessary requisite to the right to vote, the State
undoubtedly, in the exercise of its inherent police
power, may then enact laws to safeguard and
regulate the act of voters registration for the ultimate
purpose of conducting honest, orderly and peaceful
election, to the incidental yet generally important end,
that even pre-election activities could be performed by
the duly constituted authorities in a realistic and
orderly manner one which is not indifferent and so
far removed from the pressing order of the day and
the prevalent circumstances of the times." (Akbayan,
et al v. COMELEC, G.R. No.147066, March 26, 2001)
Qualifications and Disqualifications
See previous discussion under Suffrage.
Election Registration Board
(Sec. 15, R.A. 8189)
In each city and municipality, there shall be
as many Election Registration Boards as there are
election officers therein. In thickly populated cities or
municipalities, the COMELEC may appoint additional
election officers for such duration as may be
necessary.

9
Composition
(1) Chairman:
Election Officer. In case
disqualified, the COMELEC shall designate an acting
Election Officer.
(2) Members:
(a)
Public school official most
senior in rank; and
(b) Local civil registrar, or in his
absence, the city or municipal treasurer. If
neither are available, any other appointive
civil service official from the same locality as
designated by the COMELEC.
Disqualifications
No member of the Board shall be related to
each other or to any incumbent city or municipal
elective official within the 4th civil degree of
consanguinity or affinity. If in succeeding elections,
any of the newly elected city or municipal officials is
related to a member of the Board within the 4th civil
degree of consanguinity or affinity, such member is
automatically disqualified to preserve the integrity of
the Election Registration Board.

No. In the case of Akbayan, et al v.

COMELEC (G.R. No.147066, March 26,
2001), the Supreme Court held that Sec. 8
of R.A. 8189 explicitly provides that no
registration shall be conducted during
the period starting 120 days before a
regular election. The purpose of having a
120-day prohibitive period is to enable the
COMELEC to complete all the necessary
pre-election activities, including the Project
of Precincts, constitution of Board of Election
Inspectors, Book of Voters and approved
Voters Registration Records, Computerized
Voters' List, and Voters Information Sheet.
Registration of voters is not, contrary to
popular opinion, merely the act of going to
the Election Officer and writing the names
down. It is "in fact, a long process that takes
about 3 weeks to complete not even
counting how long it would take to prepare
for the registration in the first place."
Re-registration
A voter who is registered in the permanent
list of voters need not register anew for subsequent
elections unless:

NOTE: It is an election offense to either:

(1) accept an appointment, to
assume office and to actually
serve as a member of the Board
although ineligible thereto (Sec.
45d, R.A. 8189), or

(1) he transfers residence to

another city or municipality;
or
(2) his registration has been
cancelled on the ground of
disqualification and such
disqualification has been
lifted or removed (Sec. 125,
BP 881);

(2) appoint such ineligible person

knowing him to be ineligible
(Sec. 45d, R.A. 8189)
Function
-

System of Continuing Registration

Meet quarterly on the 3rd Monday of April,

July, October and January of every calendar
year (or on the next following working day if
such designated days fall on non-working
holidays)
To hear and process all applications for
registration.

Under Sec. 8 of RA 8189, the COMELEC

has the power to conduct continuing registration.
Such registration shall be conducted daily in the office
of the Election Officer during regular office hours,
except during the period starting 120 days before a
regular election and 90 days before a special election.
The filing of the application must be done personally.

When registration conducted

Registration of voters shall be conducted not
less than 120 days before a regular election and 90
days before a special election. (Sec. 8, R.A. 8189)
However, in the case of an initiative or
referendum, the COMELEC is authorized to set a
special registration day at least 3 weeks before the
scheduled initiative or referendum. (Sec. 5, R.A.
6735)
CAN A SPECIAL REGISTRATION FOR A
REGULAR ELECTION BE CONDUCTED
OUTSIDE THE PERIOD PRESCRIBED IN
SEC. 8, R.A. 8189 UNDER THE RESIDUAL
OR STANDBY POWERS OF THE
COMELEC UNDER SEC. 28, R.A. 8436?

Challenge of the right to register

Any person applying for registration may be
challenged before the Election Registration Board:

by any voter,
by any candidate, or
by any representative of a registered
political party.

Such challenge must be made in writing, under oath

and must state the grounds therefor. (Sec. 18, R.A.
8189)
List of voters
The list of voters refers to an enumeration

10
of names of registered voters in a precinct duly
certified by the Election Registration Board for use in
the election. (Sec. 3 (d), R.A. 8189)

of facts.

The Board of Election Inspectors must post

the final list of voters in each precinct 15 days before
the date of the regular or special election or
referendum or plebiscite.

If the case involves the issue of a

fictitious voter, the non-appearance of
the challenged voter on the day set for
hearing shall be prima facie evidence
that such voter is fictitious.

Any candidate or authorized representative

of an accredited political party upon formal request to
an election registrar shall be entitled to a certified
copy of the most recent list of voters upon payment of
a reasonable fee.

(7)

Cases appealed to the RTC shall

be decided within 10 days from receipt
of the appeal. In all cases, the court
shall decide these petitions not later
than 15 days before the election and the
decision shall become final and
executory.

Illiterate and Disabled Voters

Any illiterate person may register with the
assistance of the Election Officer or any member of
an accredited citizens arm. The application for
registration of a physically disabled person may be
prepared by any relative within the fourth civil degree
of consanguinity or affinity or by the Election Officer or
any member of an accredited citizens arm using the
data supplied by the applicant [Sec. 14, RA 8189].
Inclusion-exclusion cases
Common rules governing judicial proceedings in
the matter of inclusion, exclusion and correction
of names of voters (Sec. 32, R.A. 8189)
(1) TIME OF FILING:
hours
(2)

During

office

NOTICE:
Notice of the place, date
and time of the hearing of the petition
shall be served upon the members of
the Board and the challenged voter
upon filing of the petition.

Modes of service:
(1) personal delivery, or
(2) registered mail, or
(3) posting in the bulletin board of city or
municipal hall and in 2 other conspicuous
places within the city or municipality
(3) CONTENTS: Petition shall refer only to 1
precinct, and shall implead the Board as
respondents
(4)

COSTS: Generally, no costs shall be

assessed against any party. However,
the court may order a party to pay the
costs and incidental expenses of the suit
should it find that the application was
filed solely to harass the adverse party
and to cause him to incur expenses.

(5) INTERVENTION:
Any
voter,
candidate or political party who may be
affected by the proceedings may
intervene and present his evidence.
(6)

EVIDENCE: Shall be based on the

evidence presented. In no case shall a
decision be rendered upon a stipulation

DECISION: Petition shall be heard and

decided within 10 days from date of
filing.

Jurisdiction and
Exclusion Cases

Appeal

in

Inclusion

MTC:

original and exclusive jurisdiction

RTC:

appellate jurisdiction

and

Appeals must be made within 5 days from

receipt of notice. Otherwise the decision of the MTC
becomes final and executory after said period.
The RTC shall decide the appeal within 10
days from the time the appeal was received, and its
decision shall be final and executory. No motion for
reconsideration shall be entertained. (Sec. 138, BP
881; Sec. 33, R.A. 8189)
Petition for Inclusion of Voters in the List
The following may petition to be included in
the voters list:

any person whose application

by registration has been
disapproved by the Board of
Election Inspectors or

any person whose name has

been stricken out from the list

Petitioner may apply at any time except 105 days

prior to a regular election or 75 days prior to a special
election. (Sec. 34, R.A. 8189)
Petition for Exclusion of Voters from the List
The following may petition for the exclusion
of a voter from the permanent list of voters:

any registered voter;

any representative of a
political party;

the Election Officer

Such petition may be filed at any time except 100

11
days before a regular election or 65 days before a
special election. It shall be decided within 10 days
from filing. (Sec. 35, R.A. 8189)
"The petition for exclusion is a necessary
component to registration since it is a safety
mechanism that gives a measure of protection against
flying voters, non-qualified registrants, and the like.
The prohibitive period, on the other hand serves the
purpose of securing the voters substantive right to be
included in the list of voters." (Akbayan, et al v.
COMELEC, G.R. No.147066, March 26, 2001)
The citizenship of a person to be stricken
from the list may be decided in the exclusion
proceedings. However, the decision does not acquire
the nature of res judicata considering the summary
character of the case.
Voters Excluded Through the Inadvertence or
Registered with an Erroneous or Misspelled Name
(Sec. 37, R.A. 8189)
WHAT MAY BE FILED?
(1)
(2)

Petition for reinstatement - filed by any

registered voter who has not been included
in the precinct certified list of voters
Petition for correction of name - filed by
any registered voter who has been included
in the precinct certified list of voters with a
wrong or misspelled name

WHERE FILED? With

Board

the

Election

Registration

If the petition is denied or not acted upon,

the voter may file on any date with the
proper MTC a petition for an order directing
that the voter's name be entered or corrected
in the list. The following must be attached to
the petition:
(1)

Certified true copy of his registration record,

or identification card, or the entry of his
name in the list of voters used in the
preceding election;

(2)

Proof that his application was denied or not

acted upon by the Board;

(3) Proof that the petitioner has served notice of

his application to the Board
Annulment of Book of Voters
(Sec. 39, R.A. 8189)
The book of voters refers to the compilation
of all registration records in a precinct. (Sec. 3c, R.A.
8189)
WHO MAY FILE PETITION FOR ANNULMENT:
(1) Any voter;
(2) Any election officer;
(3) Any duly registered political party
GROUNDS:

(1)
(2)

(3)

The book of voters was not

prepared in accordance with the
provisions of R.A. 8189;
The book of voters was prepared
through:
Fraud;
Bribery;
Forgery;
Impersonation;
Intimidation;
Force; or
Any similar irregularity
The book of voters contains data
that are statistically improbable

The book of voters shall be annulled after due notice

and hearing by the COMELEC after the filing of a
verified petition. No order, ruling or decision annulling
a book of voters shall be executed within 90 days
before an election.
Deactivation and reactivation of registration
Deactivation of registration (Sec. 27, R.A. 8189)
CAUSES OF DEACTIVATION:
(1) The 3 grounds for disqualification
to vote, namely:
(a) Sentence by final judgment
to suffer imprisonment for not
less than one (1) year, such
disability not having been
removed by plenary pardon
or amnesty;
(b) Adjudgment
by
final
judgment
of
having
committed
any
crime
involving disloyalty to the
duly constituted government
(e.g.
rebellion,
sedition,
violation of the firearms law)
or any crime against national
security, unless restored to
his full civil and political
rights in accordance with
law;
(c) Declaration of insanity or
incompetence
by
competent authority, unless
subsequently removed;
(2) Failure to vote in the 2
successive preceding regular
elections, as shown by the voting
records (Note: SK elections are
NOT
considered
regular
elections for this purpose);
(3) Court order for exclusion of
registration; and

12
(4) Loss of Filipino citizenship
Reactivation of registration (Sec. 28, R.A. 8189)
PETITION FILED:
Sworn
application
for
reactivation of registration in the
form of an affidavit stating that
the grounds for the deactivation
no longer exist
WHO MAY FILE:
Any voter whose registration
has been deactivated
WHERE FILED:
With the Election Officer, who
shall
then
submit
such
application to the Election
Registration
Board
for
appropriate action.
WHEN FILED:
Not later than 120 days before
a regular election and 90 days
before a special registration
REGISTRATION OF POLITICAL PARTIES

Rights and privileges granted

A registered political party is entitled to the
following rights and privileges:

To be voted upon as a party, provided

that it is registered under the party-list
system (Art. IX-C, Sec. 7, 1987
Constitution);

To have a watcher in every Election

Registration Board (Sec. 15, R.A. 8189);

To inspect and/or copy at its expense

the accountable registration forms
and/or the list of registered voters in the
precincts constituting the constituency at
which the political party is fielding
candidates (Sec. 42, R.A. 8189)

To have a watcher and/or representative

in the procurement and watermarking of
papers to be used in the printing of
election returns and official ballots and
in the printing, numbering, storage and
distribution thereof (Sec. 8, R.A. 6646);

To have watchers who shall verify the

contents of the boxes containing the
shipment of official ballots, election
returns and sample official ballots
received by the provincial, city and
municipal treasurers (Sec. 189, BP 881.
Note that this privilege is only available
to the ruling party and the dominant
opposition party.);

To have one watcher in every polling

place and canvassing center (Sec. 26,
R.A. 7166);

To be present and to have counsel

during the canvass of the election
returns (Sec. 25, R.A. 6646)

To receive the 4th copy (if the dominant

majority party) or the 5th copy (if the
dominant minority party) of the election
returns
(Sec. 27, R.A. 7166 as
amended by R.A. 8045 and R.A. 8173)

Political Party defined

- an organized group of persons pursuing the same
ideology, political ideas or platforms of government
and includes its branches and divisions. (Sec. 60, BP
881)
- an organized group of citizens advocating an
ideology or platform, principles and policies for the
general conduct of government and which, as the
most immediate means of securing their adoption,
regularly nominates and supports certain of its
leaders and members as candidates for public office.
(Sec. 3c, R.A. 7491)
2 Kinds:
(1) national party, i.e. a party whose constituency is
spread over the geographical territory of at least a
majority of the regions; and
(2) regional party, i.e. a party whose constituency is
spread over the geographical territory of at least a
majority of the cities and provinces comprising the
region.
Purpose of registration
The purpose of registration of political parties
with the COMELEC is to enable them to:
(1) Acquire juridical personality;
(2) Qualify
for
subsequent
accreditation; and
(3) Entitle them to the rights and
privileges granted to political
parties. (Sec. 60, BP 881)

Procedure
(1) The political party seeking registration
may file with the COMELEC a verified
petition attaching thereto its constitution
and by-laws, platform or program of
government and such other relevant
information as may be required by the
COMELEC.
(2) The COMELEC shall require publication
of the petition for registration or
accreditation in at least three newspapers
of general circulation.

13
(3) After due notice and hearing, the
COMELEC shall resolve the petition
within 10 days from the date it is
submitted for decision.
(Sec. 61, BP
881. Note however the discrepancy with
Sec. 62 which states that resolution of the
petition for registration or accreditation
shall be 15 days from the date of
submission for decision.)
Who may not be registered

(4)

The party is a foreign party

organization (Sec. 6 (3), R.A. 7941);

(5)

The party is receiving support from any

foreign government, foreign political
party, foundation, organization, whether
directly or through any of its officers or
members or indirectly through third
parties for partisan election purposes
(Sec. 6 (4), R.A. 7941);

(6)

The party violates or fails to comply with

laws, rules or regulations relating to
elections (Sec. 6 (5), R. A. 7941);

(7)

The party declares untruthful statements

in its petition for registration (Sec. 6 (6),
R.A. 7941);

(8)

The party has ceased to exist for at

least 1 year (Sec. 6 (7), R.A. 7941);

(9)

The party fails to participate in the last 2

preceding elections (Sec. 6 (8), R.A.
7941);

(10)

If registered under the party-list system,

the party fails to obtain at least 2% of
the votes in the 2 preceding elections for
the constituency in which it has
registered. (Sec. 6 (8), R.A. 7941)

The following may not be registered as political

parties:

religious denominations and

sects (Art. IX-C, Sec. 2 (5),
1987 Constitution; Sec. 61, BP
881)
those which seek to achieve their
goals through violence or
unlawful means (Art. IX-C, Sec.
2 (5), 1987 Constitution, Sec. 61,
BP 881)

those which refuse to uphold and

adhere to the Constitution (Art.
IX-C,
Sec.
2
(5),
1987
Constitution)

those supported by foreign

governments (Art. IX-C, Sec. 2
(5), 1987 Constitution)

Forfeiture of status and cancellation of

registration

or

Under the party-list system, the COMELEC

may refuse or cancel registration either motu propio
or upon verified complaint of any interested party,
after due notice and hearing. (Sec. 6, R.A. 7941)
Nomination and selection of official candidates

Forfeiture of status

(Sec. 6, R.A. 7166)

Any registered political party that, singly or in

coalition with others, fails to obtain at least 10% of the
votes cast in the constituency in which it nominated
and supported a candidate or candidates in the
election next following its registration shall, after
notice and hearing be deemed to have forfeited such
status as a registered political party in such
constituency. (Sec. 60, BP 881)

No political convention or meeting for the

nomination or election of the official candidates of any
political party or organization or political groups or
coalition thereof shall be held earlier than the
following periods:

Cancellation of registration
The following are grounds for cancellation of
registration of a political party:
(1)

Pres., VP, Senators: 165 days before the date of

the election
Members of the House of Representatives
75 days before the day of
Elective Provincial, City or Municipal Officers
the election

Accepting financial contributions from

foreign governments or their agencies
(Art. IX-C, Sec. 2 (5), 1987
Constitution);

REGISTRATION FOR PARTY-LIST

(2)

The party is a religious sect or

denomination,
organization
or
association organized for religious
purposes (Sec. 6 (1), R.A. 7941);

(3)

The party advocates violence or

unlawful means to seek its goal (Sec. 6
(2), R.A. 7941);

- a mechanism of proportional representation

in the election of representatives to the House of
Representatives from national, regional and sectoral
parties or organizations or coalitions thereof
registered with the COMELEC. Component parties or
organizations of a coalition may participate
independently, provided the coalition of which they
form part does not participate in the party-list system.
(Sec. 3, R.A. 7941)

Party-list system defined

14
(2) By-laws;
(3) Platform or program of
government;
(4) List of officers;
(5)
Coalition agreement
(as applicable);
(6)
Other
relevant
information as may be
required
by
the
COMELEC

Purpose of party-list system

- to enable Filipino citizens belonging to marginalized
and underrepresented sectors, organizations and
parties, and who lack well-defined political
constituencies but who could contribute to the
formulation and enactment of appropriate legislation
that will benefit the nation as a whole, to become
members of the House of Representatives. (Sec. 2,
R.A. 7941)
Who may be registered
(1) Political parties (See discussion in
previous section);
(2) Sectoral parties, i.e. organized groups of
citizens belonging to the labor, peasant,
fisherfolk, urban poor, indigenous
cultural
communities,
elderly,
handicapped, women, youth, veterans,
overseas workers, and professional
sectors, and whose principal advocacy
pertains to the special interest and
concerns of their sector (Sec. 3d, R.A.
7941);
(3) Sectoral organizations, i.e. groups of
citizens or coalitions of groups of
citizens who share similar physical
attributes
or
characteristics,
employment, interest or concerns (Sec.
3e, R.A. 7941);
(4) Coalitions, i.e. aggrupations
registered national, regional,
parties or organizations for
and/or election purposes (Sec.
7941)

of duly
sectoral
political
3f, R.A.

Parties, organizations or coalitions that are

already registered with the COMELEC need not
register anew.
However, should they wish to
participate in the party-list system, they must file with
the COMELEC a manifestation of such desire to
participate not later than 120 days before the election.
(Sec. 4, R.A. 7941, as amended by Sec. 11, R.A.
8436)

After due notice and hearing, the COMELEC

shall resolve the petition within 15 days from the date
it was submitted for decision, but not later than 60
days before election. (Sec. 5, R.A. 7941)
Grounds for refusal and/or cancellation of
registration
The following are grounds for refusal and/or
cancellation of registration of a party, organization or
coalition wishing to participate in the party-list system:
1.

Accepting financial contributions from

foreign governments or their agencies
(Art. IX-C, Sec. 2 (5), 1987
Constitution);

2.

The party is a religious sect or

denomination,
organization
or
association organized for religious
purposes (Sec. 6 (1), R.A. 7941);

3.

The party advocates violence or

unlawful means to seek its goal (Sec. 6
(2), R.A. 7941);

4.

The party is a foreign party

organization (Sec. 6 (3), R.A. 7941);

5.

The party is receiving support from any

foreign government, foreign political
party, foundation, organization, whether
directly or through any of its officers or
members or indirectly through third
parties for partisan election purposes
(Sec. 6 (4), R.A. 7941);

6.

The party violates or fails to comply with

laws, rules or regulations relating to
elections (Sec. 6 (5), R. A. 7941);

7.

The party declares untruthful statements

in its petition for registration (Sec. 6 (6),
R.A. 7941);

8.

The party has ceased to exist for at

least 1 year (Sec. 6 (7), R.A. 7941);

9.

The party fails to participate in the last 2

preceding elections (Sec. 6 (8), R.A.
7941);

Procedure for registration

PETITION:
Petition
verified
by
the
party/organization/coalition's
president or secretary. The petition
must state its desire to participate in
the party-list system as a national,
regional or sectoral party or
organization or a coalition of such
parties or organizations.
WHEN FILED:
Not later than 90 days before the
election
ATTACHMENTS:
(1) Constitution;

or

10. If registered under the party-list system,

the party fails to obtain at least 2% of
the votes in the 2 preceding elections for
the constituency in which it has
registered. (Sec. 6 (8), R.A. 7941)

15
The COMELEC may refuse or cancel
registration either motu proprio or upon verified
complaint of any interested party, after due notice and
hearing. (Sec. 6, R.A. 7941)

(c) Becomes incapacitated

in which case the substitute
nominee shall be placed last in the
list (Sec. 8)

Nomination of party-list representatives

(Sec. 8, R.A. 7941)
Each registered party, organization or
coalition shall submit to the COMELEC a list of not
more than 5 names from which party-list
representatives shall be chosen in case it obtains the
required number of votes. This list must be submitted
not later than 45 days before the election.

Party-list and district representatives

distinguished
Every voter is entitled to 2 votes: the first is
a vote for candidate for member of the House of
Representatives in his legislative district, and the
second, a vote for the party, organization, or coalition
he
wants
represented
in the
House
of
Representatives.

The nomination of party-list representatives

is subject to the following limitations:
(1) The nominee must have all of the
qualifications and none of the
disqualifications for the exercise of
the right of suffrage. Moreover,
he/she must be a registered voter,
able to read and write, and at least
25 years on the day of the election.

Party-list
representative

District
representative

Elected nationally,
with
party-list
organizations
garnering at least
3% of all the votes
cast for the partylist system entitled
to 1 seat, which is
increased
according
to
proportional
representation,
but is in no way to
exceed 3 seats
per organization

Elected according
to
legislative
district by the
constituents
of
such district

No
special
residency
requirement

Must be a resident
of his legislative
district for at least
1
year
immediately
before the election

of

Voted upon by
party
or
organization. It is
only when a party
is
entitled
to
representation
that it designates
who will sit as
representative.

Elected
personally, i.e. by
name.

Effect
of
disaffiliation
with party

Loses his seat, in

which
case
he/she will be
substituted
by
another qualified
person
in the
party
/
organization
based on the list
submitted to the
COMELEC.

Does not lose seat

if he/she changes
party or affiliation.

Effect
vacancy

A substitution will
be made within
the party, based
on
the
list

A special election
may
be
held
provided that the
vacancy
takes

Scope
electorate

of

In case of youth sector nominees,

such nominees must be at least 25
but not more than 30 yrs. old on the
day of the election. (Sec. 9)
(2) The nominee must be a bona fide
member of the party or organization
which he/she seeks to represent for
at least 90 days preceding the day
of the election. (Sec. 9)
(3) An elected party-list representative
who changes his political party or
sectoral affiliation within 6 months
before an election is not eligible for
nomination
as
party-list
representative under his new party
or organization. (Sec. 15)

Residence
requirement

Manner
election

(4) A person may be nominated in 1 list

only. (Sec. 8)
(5) Only persons who have given their
consent in writing may be named in
the list. (Sec. 8)
(6) The list cannot include any
candidate for any elective office or
any person who has lost his bid for
an elective office in the immediately
preceding election. (Sec. 8)
(7) Changes of name or alterations in
the order of nominees are generally
not allowed after the list has been
submitted to the COMELEC.
However, these may be allowed
when the nominee either:
(a) Dies; or
(b) Withdraws his nomination
in writing; or

of

16
submitted to the
COMELEC.

place at least 1
year before the
next election.

Effect
of
change
in
affiliation
within
6
months prior
to election

A
party-list
representative is
prohibited
from
sitting
as
representative
under his new
party
or
organization.

This does not

prevent a district
representative
from
running
under his new
party.

Effect of loss
during
previous
election

A
party-list
representative
cannot sit if he ran
and lost in the
previous election.

A
district
representative is
not
prevented
from
running
again as a district
representative if
he/she lost during
the
previous
election.
ACCREDITATION OF A CITIZENS' ARM
Who may be accredited

Any
bona
fide
non-partisan
group,
association or organization
from the civic, youth,
professional,
educational, business or labor sectors
with identifiable leadership, membership and
structure,
and with demonstrated capacity to promote
the public interest and assist the COMELEC
in the performance of its functions and
activities as mandated by the Constitution
and by law
(Rule 33, Sec. 1, COMELEC Rules of Procedure)
Procedure for accreditation
(1) FILING OF PETITION FOR ACCREDITATION
Any group seeking accreditation may file a
petition for accreditation, duly verified by its
President, Chairman of the Board of Directors, or
any of its duly authorized officers.
The petition for accreditation must state the
following:
(a) The constituency to which petitioner
seeks accreditation;
(b) That it is not supporting any candidate,
political party, organization or coalition of
political parties, in the constituency
where it seeks accreditation;
(c) Nature of its membership; names of its
officers or organizers, location of
principal office or place of business, and
an assurance of its capability to
undertake a coordinated operation and
activity to assist the COMELEC;

(d) That it shall submit itself to the direct

and immediate control and supervision
and comply with the orders of the
COMELEC in the performance of its
specific functions and activities provided
by law, and such other functions and
activities provided by law, and such
other functions and activities which the
COMELEC may assign;
(e) That it shall strictly remain non-partisan
and impartial during the registration and
election periods;
(f)

That it is not supported by or under the

influence of any foreign government or
any of its agencies or instrumentalities;
or of any foreigner, whether natural or
juridical person;

(g) That it shall not solicit or receive, directly

or indirectly, any contribution or aid of
whatever form or nature from any
foreign government or any of its
agencies or instrumentalities, or from
any foreigner, whether natural or
juridical person;
(h) That it does not seek to achieve its
objectives, goals or programs through
violence or other unlawful means, nor
aim to propagate any ideology opposed
to the principles of a republican and
democratic government; and
(i)

That it undertakes to police its ranks and

prevent infiltration by persons or groups
of persons who may, directly or
indirectly, destroy its character of nonpartisanship and impartiality.

(2) SETTING OF PETITION FOR HEARING

Upon the filing of the petition, the COMELEC en
banc shall immediately set the petition for
hearing.
The COMELEC may order the
publication of the petition in a newspaper of
general circulation if it deems such necessary.
Publication shall be at the expense of the
petitioner.
(3) HEARING OF PETITION
The accreditation of the petitioner may be
opposed by any person, group, association,
group or organization, political party or coalition
of
political
parties
possessing
relevant
information or evidence against the petitioner by
filing a verified opposition.
However, notwithstanding the absence of any
opposition, the COMELEC may motu proprio
require the petitioner to present evidence to
support its petition for accreditation.
(4) DECISION
The COMELEC shall then render its decision. If
the decision is for the accreditation of the petition,

17
a certificate of accreditation shall be issued
stating the following:
(a) The name of the group or
organization;
(b) The constituency to which it is
accredited; and
(c) The political exercise for which
it is accredited
Revocation and expiration of accreditation
REVOCATION:
May be done by the COMELEC
after notice and hearing for any of the following acts:
(1) The citizens' arm has showed or acted
with partiality in any political issue or to
any political party, organization or
coalition of political parties;
(2) It has performed acts in excess of its
duties and functions as provided by law;
or
(3) It has failed to comply with the
conditions imposed upon it in the
decision granting accreditation.
EXPIRATION:
The accreditation automatically
lapses at the end of the election period of the political
exercise for which the petitioner was accredited as
citizens' arm.
CERTIFICATES OF CANDIDACY

office may be seasonably challenged. (See Frivaldo

v. COMELEC, 174 SCRA 245; Labo v. COMELEC,
176 SCRA 1)
Filing of certificate of candidacy
To be eligible for any elective public office,
one must file a certificate of candidacy within the
period fixed by the Omnibus Election Code.
Mode of Filing
Certificates must be filed by the candidate
personally or by his duly authorized representative.
No certificate shall be filed by mail, telegram or
facsimile. (Sec. 7, R.A. 7166)
Time of Filing
Certificates of candidacy must be filed in 12
legible copies not later than 120 days before the
elections. (Sec. 11, R.A. 8436)
Place of Filing
The certificates of candidacy shall be filed in
the following places:
President
Vice-Pres
Senator |

|
| COMELEC main office (Mla)

Congressman

- Provincial election supervisor

If NCR district: File with Regional Election Director

Candidate defined
Any person aspiring for or seeking an elective public
office, who has filed a certificate of candidacy by
himself or through an accredited political party,
aggroupment, or coalition of parties. (Sec. 79, BP
881)

If legislative district in cities outside NCR which

comprise one or more legislative districts: File with
City election registrar concerned
Provincial Offices supervisor

Provincial

election

City / Municipal Offices - City or municipal election

registrar

Guest Candidacy
A political party may nominate and/or
support candidates not belonging to it. (Sec. 70, BP
881) Note however that this is not applicable in cases
of political parties registered under the party-list
system, as nominees must necessarily be bona fide
members of the party.

Contents of certificate of candidacy

The certificate of candidacy shall state the
following:

That the person filing the certificate is

announcing his candidacy for the office
stated therein and that he or she is
eligible for such office;

The political party

candidate belongs;

Civil status;

Date of birth;

Residence;

Post office address for all election

Qualifications
See the provisions of the Constitution for the
qualifications of candidates for President, VicePresident, Senator, and Member of the House of
Representatives.
See the provisions of the Local Government
Code for the qualifications of local elective officials.
Qualifications prescribed by law are
continuing requirements and must be possessed for
the duration of the officer's active tenure. Once any of
the required qualifications are lost, his title to the

to

which

the

18
purposes;

Profession or occupation;

That he / she will support and defend

the Constitution of the Philippines and
will maintain faith and allegiance
thereto;

That he / she will obey the laws, legal

orders, and decrees promulgated by the
duly constituted authorities;

That he / she is not a permanent

resident or immigrant to a foreign
country;

That the obligation imposed by oath is

assumed voluntarily, without mental
reservation or purpose of evasion;

That the facts stated in the certificate of

candidacy are true to the best of his
knowledge.
Effects of filing

Note: Sec. 67 of BP 881 and the first

proviso of Sec. 11 of R.A. 8436 (which states that
"Any elective official, running for any officer other than
one which he is holding in a permanent capacity,
except for President and Vice-President, shall be
considered ipso facto resigned upon the start of the
campaign period") have been repealed by Sec. 14 of
R.A. 9006 (Fair Election Act of 2001).

The certificate of candidacy of petitioner for

the office of provincial board member was filed by his
political party. 15 minutes before the deadline, he
filed his certificate of candidacy for mayor. 8 days
later, he filed a petition to withdraw his certificate of
candidacy for the office of the board member and to
declare subsisting his certificate of candidacy for
mayor, attaching his written declaration under oath
withdrawing his certificate of candidacy for board
member.
Since the certificate of candidacy for the
position of board member was filed by his party and
the said party had withdrawn that nomination, there
was substantial compliance with Sec. 73 of the
Omnibus Election Code. His filing under oath within
the statutory period of his individual candidacy for
mayor was a rejection of the party nomination of the
other officer.
Disqualifications
According
to
Prof.
Barlongay,
disqualifications may be classified into 4 categories:
(1) status; (2) acts; (3) nuisance candidacy; and (4)
falsity of material representation in the certificate of
candidacy.
Status
(1) Lack of Filipino citizenship;
(2) Lack of residency requirement;
(3) Insanity or incompetence, as declared by
competent authority;

Any mass media columnist, commentator,

announcer, reporter, on-air correspondent or
personality who is a candidate for any elective public
office shall be deemed resigned, if so required by
his/her employer, or shall take a leave of absence
from his/her work as such during the campaign
period. (Sec. 6.6, R.A. 9006)

(4) Permanent
residence
or
immigrant status in a foreign
country, unless such person has
waived his status as permanent
resident
or
immigrant
in
accordance with the residence
requirement provided for in the
election laws (Sec. 68, BP 881)

Withdrawal of certificate
A person who has filed a certificate of
candidacy may withdraw the same prior to the
election by submitting to the office concerned a
written declaration under oath.
If a candidate files a certificate of candidacy
for more than 1 office, he shall not be eligible for any
of them. However, he may declare under oath the
office for which he desires to be eligible and cancel
the certificate of candidacy for the other office or
offices provided that this is done before the expiration
of the period for the filing of certificates of candidacy.
(Sec. 73, BP 881)
The filing of the withdrawal shall not affect
whatever civil, criminal, or administrative liabilities
which a candidate may have incurred. (Sec. 73, BP
881)
RAMIREZ V. COMELEC

Acts
(1) Sentence by final judgment for:

Subversion,
rebellion;

insurrection,

Any offense for which the

candidate has been sentenced
to a penalty of more than 18
months of imprisonment;

Any offense involving moral

turpitude;
Moral turpitude is an act of a
baseness, vileness, or depravity in
the private duties which a man
owes to his fellow men, or to
society in general, contrary to the
accepted and customary rule of

19
right and duty between man and
woman or conduct contrary to
justice, honesty, modesty or good
morals. The general rule is that
crimes mala in se involve moral
turpitude while
crimes mala
prohibita do not. Moral turpitude
implies something immoral in itself,
regardless of the fact that it is
punishable by law or not. (Dela
Torre v. COMELEC, 191 SCRA
229)

Having given money or other

material
consideration
to
influence, induce or corrupt the
voters or public officials
performing electoral functions
(Sec. 68a, BP 881);

Having spent in his election

campaign an amount in excess of
that allowed by the Omnibus
Election Code (Sec. 68c, BP 881);

Having solicited, received or made

any contribution prohibited under the
Omnibus Election Code (Sec. 68d,
BP 881; cf. Secs. 89, 95, 96, 97
and 104);

Having
engaged
in
election
campaign or partisan political
activity outside the campaign period
and not pursuant to a political party
nomination (Sec. 68e, BP 881, cf.
Sec. 80);

Having
removed,
destroyed,
obliterated, defaced or tampered
with or prevented the distribution of
lawful election propaganda (Sec.
68e, BP 881, cf. Sec. 83);

Having violated the rules and

regulations on election propaganda
through mass media (Sec. 68e, BP
881, cf. Sec. 86);

Having
engaged
in
unlawful
electioneering (Sec. 68e, BP 881,
cf. Sec. 261k);

Having violated the prohibition

against release, disbursement or
expenditure of public funds 45 days
before a regular election (or 30 days
in the case of a special election)
(Sec. 68e, BP 881, cf. Sec. 261v);

Having solicited votes or undertaken

any propaganda on the day of
election for or against any candidate
or any political party within the
polling place or within a radius of 30
m. thereof (Sec. 68e, BP 881, cf.
Sec. 251cc)

Having committed acts of terrorism

to enhance his candidacy (Sec. 68b,
BP 881);

any person or that of the immediate

members of his family, his honor or
property, or used any fraudulent
device or scheme to compel or
induce or prevent the registration of
any voter, or the participation in any
campaign, or the casting of any
vote, or any promise of such
registration, campaign, vote, or
omission therefrom (Sec. 68e, BP
881, cf. Sec. 261e);

Having
coerced,
intimidated,
compelled, or in any manner
influenced, directly or indirectly, any
of his subordinates or members, or
employees, etc. to aid, campaign or
vote for or against any candidate or
any aspirant for the nomination or
selection of candidates (Sec. 68e,
BP 881, cf. Sec. 261d);
Having
directly
or
indirectly
threatened, intimidated, or actually
caused, inflicted or produced any
violence,
injury,
punishment,
damage, loss or disadvantage upon

Nuisance candidacy
A nuisance candidate is one who files a
certificate of candidacy:
(a) To put the election process in
mockery or disrepute; or
(b) To cause confusion among the
voters by the similarity of the
names
of
the
registered
candidates, or
(c) Clearly demonstrating that he/she
has no bona fide intention to run
for the office which the certificate
of candidacy has been filed, and
thus
prevents
a
faithful
determination of the true will of the
electorate. (Sec. 69, BP 881)
Falsity of material representation
Falsity of a material representation in the
certificate of candidacy is a ground for the denial of
due course to or cancellation of a certificate of
candidacy under Sec. 78 of BP 881.
Disqualifications under the Local Government
Code (Sec. 40, R.A. 7160)
(1) Those sentenced by final judgment for an
offense punishable by one year or more
of imprisonment and within 2 years after
serving sentence.
(2) Those removed from office as a result of
an administrative case.

20
REYES V. COMELEC
Reyes, the incumbent mayor, was found
guilty in an administrative complaint. Despite this, he
filed a certificate of candidacy.
Although the
COMELEC disqualified him, the Board of Election
Canvassers, unaware of COMELECs decision to
disqualify him, proclaimed Reyes as the mayor.
The election of Reyes did not render the
administrative charges against him moot and
academic. The decision to remove him was served
on Reyes and thereafter became final because he
failed to appeal to the Office of the President. He was
therefore validly removed from office and pursuant to
the Local Government Code, was disqualified from
running for re-election.
(3) Those convicted by final judgment for
violating the oath of allegiance to the
Republic of the Philippines.
(4) Those with dual citizenship.
See Mercado v. Manzano (LocGov)
(5) Fugitives from justice in criminal and nonpolitical cases here and abroad.

Frivaldo was previously declared as an alien.

Despite this, he was able to file his certificate of
candidacy. The election occurred on May 8, 1995.
Frivaldo was able to re-acquire Philippine citizenship
on June 30, 1995 through repatriation by taking his
oath of allegiance at 2:00 p.m.
Philippine citizenship is an indispensable
requirement for holding an elective public office. An
official begins to govern or discharge his functions
only upon his proclamation and on the day the law
mandates his term of office to begin. Since Frivaldo
re-assumed his citizenship on the very day the term
began, he was therefore already qualified to be
proclaimed, to hold such office and to discharge the
functions and responsibilities thereof as of the said
date.
(7) Those who are insane or feeble-minded.
Special Disqualifications under
Candidate Law (Sec. 4, R.A. 8295)

the

The
following
persons
are
disqualified from running in a special election called to
fill the vacancy in an elective office, provided that
evidence of their guilt is strong:

A "fugitive from justice" includes

"not only those who flee after
conviction to avoid punishment,
but likewise those who, after
being charged, flee to avoid
prosecution."
(Marquez v.
COMELEC, 243 SCRA 358)

(1) Any elective official who has

resigned from his office by
accepting
an
appointive
office or for whatever reason
which he previously occupied
but has caused to become
vacant due to his resignation;

In the case of Rodriguez v.

COMELEC (G.R. No. 120099,
July 24, 1996), it was held that
Rodriguez
could
not
be
considered a "fugitive from
justice" because his arrival in the
Philippines from the U.S.
preceded the filing of the felony
complaint in the Los Angeles
Court and the issuance of the
arrest warrant by the same
foreign court by almost 5
months. The Supreme Court
held that the intent to evade is
the compelling factor that
animates ones flight from a
particular jurisdiction. And there
can only be an intent to evade
prosecution or punishment when
there is knowledge by the fleeing
subject of an already instituted
indictment, or of a promulgated
judgment of conviction.

(2) Any person who, directly or

indirectly, coerces, bribes,
threatens,
harasses,
intimidates,
or
actually
causes, inflicts or produces
any
violence,
injury,
punishment, torture, damage,
loss or disadvantage 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
candidate.

(6) Permanent residents in a foreign country

or those who have acquired the right to
reside abroad and continue to avail of the
same right after the effectivity of the Local
Government Code.
FRIVALDO V. COMELEC

Lone

Effect of death, disqualification or withdrawal

If the death, disqualification or withdrawal
occurs:
- after the last day for filing of the certificates of
candidacy ONLY a person belonging to, and
certified, by the same political party, may file a
certificate of candidacy to replace him.
- between the day before the election and mid-day of
the election day the certificate may be filed with
any Board of Election Inspectors in the political
subdivision where he is a candidate or with the
COMELEC if it is a national position. (Sec. 77, BP

21
881)
Petition to deny due course or to cancel
certificate
A verified petition to deny due course to or
cancel a certificate of candidacy may be filed by any
person EXCLUSIVELY on the ground that a material
misrepresentation contained therein as required is
false. Such petition shall be filed any time not later
than 25 days from the time of filing of the certificate,
and shall be decided not later than 15 days before the
election. (Sec. 78, BP 881)

Prohibitions

Members of the board of election

inspections are prohibited from
engaging in any partisan political
activity or from taking part in the
election except to discharge their
duties as such and to vote. (Sec.
173, BP 881)

Officers or employees of the civil

service are prohibited from engaging
directly or
indirectly in any
electioneering or partisan political
campaigns. (Art. IX-B, Sec. 2 (4),
1987 Constitution)

Members of the military are

prohibited from engaging directly or
indirectly in any partisan political
activity except to vote. (Art. XVI,
Sec. 5 (3), 1987 Constitution)

Prohibition against Multiple Candidacies

No person shall be eligible for more than one
office to be filled in the same election, and if he files
his certificate of candidacy for more than one office,
he shall not be eligible for any of them.
However, before the expiration of the period
for the filing of certificates of candidacy, the person
who was filed more than one certificate of candidacy
may declare under oath the office for which he
desires to be eligible and cancel the certificate of
candidacy for the other office or offices.
The filing or withdrawal of a certificate of
candidacy shall not affect whatever civil, criminal or
administrative liabilities which a candidate may have
incurred.

Campaign period
It is prohibited for any person, political party
or association of persons to engage in an election
campaign or partisan political activity except during
the campaign period. Violation of this prohibition
constitutes an election offense. (Sec. 80, B.P. 881)
Lawful election propaganda

Certified List of Candidates

The COMELEC shall cause to be printed a
certified list of candidates for each office to be voted
for in each province, city or municipality immediately
followed by the nickname or stage name of the
candidate and his political affiliation, if any. The list
shall be posted inside each voting booth.
Whenever practicable, the Board of Election
Inspectors shall cause said list of candidates to be
written on the blackboard or manila paper for posting
inside the polling place. The names of all candidates
followed by his nickname or stage name shall also be
printed in the election returns and tally sheets. (Sec.
4, R.A. 6646)
ELECTION CAMPAIGN & EXPENDITURES

(Sec. 3, R.A. 9006)

The following are lawful election propaganda:

Pamphlets, leaflets, cards, decals,

stickers, or other written or printed
materials the size of which does not
exceed 8 inches in width and 14
inches in length;

Handwritten or printed letters urging

voters to vote for or against any
particular political party or candidate
for public office;

Cloth, paper or cardboard posters,

whether framed or posted, with an
area not
exceeding 2 feet by 3 feet.

ELECTION CAMPAIGN
Election campaign or partisan political activity
It is an act designed to promote the election
or defeat of a particular candidate or candidates to a
public office.
It does not include public expressions of
opinions or discussions of probable issues in a
forthcoming election or on attributes or criticisms of
probable candidates proposed to be nominated in a
forthcoming political party convention.

NOTE: Streamers not exceeding 3 feet

by 8 feet in size are allowed at the site
and on occasion of a public meeting or
rally or in announcing the holding of
such meeting or rally. Such streamers
may be displayed 5 days before the
date of the meeting or rally and shall be
removed within 24 hours after said
meeting or rally.

Paid advertisements in print or

broadcast
media.
Such
advertisements must comply with

22
the following requirements:

Any published or printed

political
matter
and
any
broadcast
of
election
propaganda by TV or radio for
or against a candidate or group
of candidates to any public
office shall bear and be
identified by the 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. (Sec. 4.1, R.A. 9006)
If the broadcast is given free of
charge by the radio or TV
station, it shall be identified by
the words "airtime for this
broadcast was provided free of
charge by" followed by the true
and correct name and address
of the broadcast entity. (Sec.
4.2, R.A. 9006)
Print, broadcast or outdoor
advertisements donated to the
candidate or political party shall
not be printed, published,
broadcast or exhibited without
the written acceptance by the
said candidate or political party.
Such written acceptance must be
attached to the advertising
contract and submitted to the
COMELEC within 5 days after its
signing. (Sec. 4.3, R.A. 9006, cf.
Sec. 6.3, R.A. 9006)

All
other
forms
of
election
propaganda not prohibited by the
Omnibus Election Code or the Fair
Election Act of 2001.

Adiong v. COMELEC (207 SCRA 712)

In this case, the Supreme Court declared as
unconstitutional COMELEC Resolution No. 2347
insofar as it prohibits the posting of decals and
stickers on cars and other moving vehicles since it
infringes on the right to freedom of expression. The
restriction is so broad as to include even a citizen's
privately-owned vehicle, which is equivalent to
deprivation of property without due process of law.
Prohibited Acts
It is prohibited:
For any foreigner:

to aid any candidate or political

party, directly or indirectly;
to take part or influence in any

manner any election;

to
contribute
or
make
any
expenditure in connection with any
election campaign or partisan
political activity

For any person during the campaign period:

to remove, destroy, obliterate or in

any manner deface or tamper with
lawful election propaganda;
to prevent the distribution of lawful
election propaganda

For
any
candidate,
political
organization or any person:

party,

to give or accept, directly or

indirectly,
free
of
charge,
transportation, food or drinks or
things of value during the five hours
before and after a public meeting, on
the day preceding the election, and
on the day of the election;

to give or contribute, directly or

indirectly, money or things of value
for such purpose.

Badoy v COMELEC (35 SCRA 285)

The prohibition against certain forms of
election propaganda was upheld as a valid exercise
of police power, to prevent the perversion and
prostitution of the electoral apparatus, and of the
denial of due process of law.
Sanidad vs COMELEC ( 181 SCRA 529)
But this evil does not obtain in a plebiscite
where the electorate is asked to vote for or against
issues not candidates.
Mass Media
Equal access to media time and space
All registered parties and bona fide
candidates are guaranteed equal access to media
time and space under the Fair Election Act. To this
end, the COMELEC has the power to supervise the
use and employment of press, radio and television
facilities insofar as the placement of political
advertisements is concerned to ensure that
candidates are given equal opportunities under equal
circumstances to make known their qualifications and
their stand on public issues. Of course, such political
advertisements must be within the limits set forth in
the Omnibus Election Code and R.A. 7166 on election
spending.
Pursuant to such end:
Print advertisements shall not exceed 1/4
page, in broadsheet and 1/2 page in
tabloids thrice a week per newspaper,
magazine, or other publications, during the
campaign period;

23
Bona fide candidates and registered political
parties running for nationally elective office
are entitled to not more than 120 minutes
of TV advertisement and 180 minutes of
radio advertisement whether by purchase
or by donation;
Bona fide candidates and registered political
parties running for locally elective office are
entitled to not more than 60 minutes of TV
advertisement and 90 minutes of radio
advertisement whether by purchase or by
donation;
Broadcast stations or entities are required to
submit copies of their broadcast logs and
certificates of performance to the
COMELEC for the review and verification
of the frequency, date, time and duration of
advertisement broadcast for any candidate
or political party;
All mass media entities are required to furnish
the COMELEC with a copy of all contracts
for advertising, promoting or opposing any
political party or the candidacy of any
person for public office within 5 days after
its signing;
No franchise or permit to operate a radio or
TV station shall be granted or issued,
suspended or cancelled during the election
period.
Media practitioners
Moreover, media practitioners who are
officials of a political party or members of the
campaign staff of a candidate or political party
prohibited from using their media time or space to
favor any candidate or political party.
Media
practitioners or personalities who are candidates for
any elective public office or are campaign volunteers
for or employed or retained in any capacity by any
candidate or political party shall be deemed resigned,
if so required by their employer, or shall take a leave
of absence from their work as such during the
campaign period.
Public exhibitions
No movie, cinematograph, or documentary
portraying the life or biography of a candidate shall be
publicly exhibited in a theater, TV station or any public
forum during the campaign period. The same is true
for movies, cinematographs and documentaries
portrayed by actors or media personalities who are
themselves candidates.
Rallies, meetings and other political activity
Application for permits to hold rally (Sec. 87, B.P.
881)
The holding of peaceful political rallies during
the campaign period is allowed. In order to hold
rallies, political parties must follow the requirements of

local ordinances on the issuance of permits. All

applications for permits to hold meetings, rallies and
other similar political activities must be immediately
posted in a conspicuous place in the city or municipal
building, and the receipt thereof acknowledged in
writing. Such applications must be acted upon in
writing by local authorities concerned within 3 days
after the filing thereof. If the application is not acted
upon within said period, it is deemed approved.
The only justifiable ground for denial of the
application for the permit is that a prior written
application by any candidate or political party for the
same purpose has been approved.
Denial of any application for said permit is
appealable to the provincial election supervisor or to
the COMELEC whose decision shall be made within
48 hours and which shall be final and executory.
Notification of election registrar (Sec. 88, B.P. 881)
The political party or candidate must notify
the election registrar of any rally. Within 7 working
days, the political party or candidate must submit to
the election registrar the expenses incurred during the
rally.
COMELEC space, poster area, time and
information bulletin
COMELEC space
The COMELEC shall procure space in at
least one newspaper of general circulation in every
province or city, or in the absence of such newspaper,
in any other magazine or periodical in said province or
city, which shall be known as COMELEC Space.
COMELEC space shall be allocated to the COMELEC
upon payment of just compensation, and shall be
utilized exclusively by the COMELEC for public
information
dissemination
on
election-related
concerns. (Sec. 8, R.A. 9006)
Phil. Press Institute v. COMELEC
The Supreme Court declared sec. 2 of
COMELEC Resolution 2722 compelling print media
companies to donate COMELEC Space as null and
void. Sec. 2 does not constitute a valid exercise of
the power of eminent domain. The element of
necessity for the taking has not been shown by
COMELEC. There is no showing that the members of
the Philippine Press Institute are unwilling to sell print
space.
Furthermore, it has not been demonstrated
that the COMELEC has been granted the power of
eminent domain by the Constitution or the Legislature.
In addition, sec. 2 does not constitute a valid exercise
of police power. First, there was no effort to show that
police power was constitutionally delegated to the
COMELEC.
Second, no attempt was made to
demonstrate that a real and palpable or urgent
necessity for the taking of print space confronted the
COMELEC.

24
Thus, COMELEC cannot procure print space
without paying just compensation therefor.
COMELEC time
The COMELEC shall likewise air time in at
least 1 major broadcasting station or entity in every
province or city, or in the absence of such entity, in
any radio or TV station in said province or city, which
shall be known as "COMELEC time."
Such
COMELEC time shall be allocated to the COMELEC
free of charge, and shall be utilized exclusively by the
COMELEC for public information dissemination on
election-related concerns. (Sec. 8, R.A. 9006)
Telecommunications and Broadcast Attorneys of
the Philippines v. COMELEC (289
SCRA 337)
In this case, which questioned the COMELEC's power
under Sec. 92, BP 881 to require TV stations to give
air time for candidates free of charge, the Supreme
Court held that such power is valid and constitutional,
being an exercise of the plenary police power of the
State to promote the general welfare. The Court gave
the following reasons:
(1) All broadcasting, whether by radio or TV, is
licensed by the government, and the
franchise issued to a broadcast station is
always subject to amendment, alteration
or repeal by Congress when the common
good requires. There is no better measure
for the common good than one for free
airtime for the benefit not only of the
candidates but even more of the public,
particularly the voters, so that they will be
informed of the issues in an election, for
after all, it is the right of the viewers and
listeners, not of the broadcasters, that is
paramount.
(2) The COMELEC does not take over the
operation of radio and television stations,
but only the allocation of airtime to the
candidates, to ensure equal opportunity,
time and the right to reply, as mandated by
the Constitution.
(3)

There are substantial distinctions in the

characteristics of the broadcast media
from those of the print media which justify
the different treatment accorded to each
for purposes of free speech, viz: the
physical limitations of the broadcast
spectrum,
the
uniquely
pervasive
presence of the broadcast media in the
lives of all Filipinos, and the earlier ruling
that the freedom of TV and radio
broadcasting is somewhat lesser than the
freedom accorded to the print media.

COMELEC poster area (Sec. 9, R.A. 9006)

The COMELEC may authorize political
parties and party-list groups to erect common poster
areas for their candidates in not more than 10 public
places such as plazas, markets, barangay centers
and the like, wherein candidates can post, display or

exhibit propaganda. Such poster areas shall not

exceed 12 feet by 16 feet or its equivalent.
For independent candidates with no political
parties, the size of the common poster area must not
exceed 4 feet by 6 feet or its equivalent.
COMELEC information bulletin (Sec. 93, B.P. 881)
The COMELEC shall cause the printing and
supervise the dissemination of bulletins which shall
contain the picture, bio-data and program of
government of every candidate.
Any candidate can reprint these bulletins,
provided it is an exact replica and shall bear the
candidates name who caused the reprint and the
printers name.
COMELEC official sample ballot (Sec. 185, B.P.
881, as amended by R.A. 7904)
At least 30 days before an election, the
COMELEC shall furnish every registered voter with an
unfilled official sample ballot, voter information sheet,
and a list of all registered national, provincial and city
candidates to be voted in the said election.
The information sheet shall include the voter's
name, address, the precinct and the place where he
is registered, and simplified instructions as to the
casting of votes. The names of the candidates shall
be listed in alphabetical order under their respective
party affiliation and a one-line statement not to
exceed 3 words of their occupation or profession.
Persons nominated under the party-list system shall
likewise be included in the above-mentioned list.
Public forum
(Sec. 9, R.A. 6646)
The COMELEC shall encourage non-political
non-partisan private or civic organization to initiate
and hold in every city and municipality, public for a at
which all registered candidates for the same office
may simultaneously and personally participate to
present, explain and/or debate on their campaign
platforms and programs and other like issues.
The COMELEC shall promulgate the rules
and regulations for the holding of such to assure its
non-partisan character and equality of access thereto
by all candidates.
Election surveys
(Sec. 5, R.A. 9006)
Election surveys, defined
Election surveys refer to the measurement of
opinions and perceptions of the voters as regards a
candidate's popularity, qualifications, platforms or a
matter of public discussion in relation to the election,
including voters' preference for candidates or publicly
discussed issues during the campaign period.

25
Information required to be published in the survey
During the election period, any person,
natural as well as juridical, candidate or organization
who publishes a survey must likewise publish the
following information:

The name of the person, candidate,

party
or
organization
who
commissioned or paid for the survey;
The name of the person, polling firm or
survey organization who conducted the
survey;
The period during which the survey was
conducted, the methodology used,
including the number of individual
respondents and the areas from which
they were selected, and the specific
questions asked;
The margin of error of the survey;
For each question for which the margin
of error is greater than that reported
above, the margin of error for that
question; and
A mailing address and telephone
number, indicating it as an address or
telephone number at which the sponsor
can be contacted to obtain a written
report regarding the survey in
accordance with Sec. 5.3 of R.A. 9006.

It must be noted that Sec. 5.4 which prohibits

the publication of surveys 15 days (for national
candidates) or 7 days (for local candidates) before an
election was declared unconstitutional by the
Supreme Court upon a petition filed by the Manila
Standard and Social Weather Station, Inc. (SWS) The
decision, which was penned by Justice V.V. Mendoza,
stated
that
the
provision
"constitutes
an
unconstitutional abridgment of freedom of speech,
expression and the press as it imposes prior
restraint and therefore, a direct and total suppression
of a category of expression even for a limited period."
(Exact title of case and citation not available as of this
writing. See front page of Philippine Star, May 6,
2001, for details.)
Exit polls
(Sec. 5.5, R.A. 9006)
Exit polls may only be taken subject to the
following requirements:
Pollsters shall not conduct their surveys
within 50 meters from the polling place,
whether said survey is taken in a home,
dwelling place and other places;
Pollsters shall wear distinctive clothing;
Pollsters shall inform the voters that they may
refuse to answer; and
The result of the exit polls may be announced
after the closing of the polls on election

day, and must clearly identify the total

number of respondents, and the places
where they were taken.
Said
announcement shall state that the same is
unofficial and does not represent a trend.
ABS-CBN v. COMELEC (January 28, 2000)
In this case, the Supreme Court held that
exit polls are valid. They do not violate the principle
of secrecy of the ballot since such polls are purely
voluntary on the part of the voter and do not require
him or her to reveal his or her ballot.
ELECTION CONTRIBUTIONS & EXPENDITURES
Contributions
Contributions defined
(Sec. 94a, B.P. 881)
"Contribution includes a gift, donation,
subscription, loan, advance or deposit of money or
anything of value, or a contract, promise or
agreement to contribute, whether or not legally
enforceable, made for the purpose of influencing the
results of the elections but shall not include services
rendered without compensation by individuals
volunteering a portion or all of their time in behalf of a
candidate or political party.
It shall also include the use of facilities
voluntarily donated by other persons, the money
value of which can be assessed based on the rates
prevailing in the area.
Prohibited contributions
(Sec. 95, B.P. 881)
No contribution for purposes of partisan
political activity shall be made directly or indirectly by
any of the following:
Public or private financial institutions.
However, they are not prohibited from
making any loan to a candidate or political
party if:
(a) the financial institutions are
legally in the business of lending
money,
(b) the loan is made in accordance
with laws and regulations; AND,
(c) the loan is made in the ordinary
course of business.
Natural and juridical persons operating a
public utility or in possession of or exploiting
any natural resources of the nation;
Natural and juridical persons who hold
contracts or sub-contracts to supply the
government or any of its divisions,
subdivisions or instrumentalities, with goods
or services or to perform construction or

26
other works;
Natural and juridical persons who have been
granted franchises, incentives, exemptions,
allocations
or
similar
privileges
or
concessions by the government or any of its
divisions, subdivisions or instrumentalities,
including GOCCs;
Natural and juridical persons who, within 1
year prior to the date of the election, have
been
granted
loans
or
other
accommodations in excess of P100,000 by
the government or any of its divisions,
subdivisions or instrumentalities including
GOCCs;
Educational institutions which have received
grants of public funds amounting to no less
than P100,000.00;

Expenditures
Expenditures defined
(Sec. 94b, BP 881)
Expenditure" includes the payment or
delivery of money of anything of value, or a contract,
promise or agreement to make an expenditure, for the
purpose of influencing the results of the election. It
shall also include the use of facilities personally
owned by the candidate, the money value of the use
of which can be assessed based on the rates
prevailing in the area.
Limitations on expenditures
(Sec. 13, R.A. 7166)

Officials or employees in the Civil Service, or

members of the Armed Forces of the
Philippines;

The aggregate amount that a candidate or

registered political party may spend for an election
campaign shall be as follows:

Foreigners
and
foreign
corporations,
including foreign governments. (Sec. 96, BP
881)

For Candidates

It is unlawful for any person to solicit or

receive any contribution from any of the persons or
entities enumerated.

Prohibited raising of funds

It is unlawful for any person to hold the

following for the purpose of raising funds for an
election campaign or for the support of any candidate
from the commencement of the election period up to
and including election day:

dances,
lotteries,
cockfights,
games,
boxing bouts,
bingo,
beauty contests,
entertainments,
cinematographic,
theatrical
other performances

President and Vice-President: P 10

for every voter currently registered
Other Candidates: P 3 for every
voter current registered in the
constituency where he filed his
certificate of candidacy
Candidates Without a Political Party:
P 5 for every voter

For Political Parties

P 5 for every voter currently
registered in the constituency or
constituencies where it has official
candidates
Lawful expenditures
(Sec. 102, B.P. 881)

or
or

It is unlawful for any person or organization,

whether civic or religious, directly or indirectly, to
solicit and/or accept from any candidate for public
office, or from his campaign manager, agent or
representative, or any person acting in their behalf,
any gift, food, transportation, contribution or donation
in cash or in kind from the commencement of the
election period up to and including election day.
Note, however, that normal and customary
religious stipends, tithes, or collections on Sundays
and/or other designated collection days, are excluded
from this prohibition.

No candidate or treasurer of a political party

shall, directly or indirectly, make any expenditure
except for the following purposes:
(a) For traveling expenses of the
candidates
and
campaign
personnel in the course of the
campaign and for personal
expenses incident thereto;
(b) For compensation of campaigners,
clerks,
stenographers,
messengers, and other persons
actually
employed
in
the
campaign;
(c) For telegraph and telephone tolls,
postage, freight and express delivery
charges;
(d) For
stationery,
printing
and
distribution of printed matters relative
to candidacy;
(e) For employment of watchers at the

27
polls;
(f)
For rent, maintenance and furnishing
of campaign headquarters, office or
place of meetings;
(g) For political meetings and rallies and
the use of sound systems, lights and
decorations during said meetings and
rallies;
(h) For newspaper, radio, TV and other
public advertisements;
(i)
For employment of counsel, the cost
of which shall not be taken into
account in determining the amount of
expenditures which a candidate or
political party may have incurred;
(j)
For copying and classifying list of
voters, investigating and challenging
the right to vote of persons registered
in the list; such costs shall not be
taken into account in determining the
amount of expenses which a
candidate or political party may have
incurred;
(k) For printing sample ballots in such
color, size and maximum number as
may be authorized by the COMELEC,
such costs not to be taken into
account in determining the amount of
expenses which a candidate or
political party may have incurred;
Persons authorized to incur expenditures
(Sec. 103, B.P. 881)
Only the following persons are permitted by
law to make any expenditure in support of or in
opposition to any candidate or political party:

The candidate;
The treasurer of a political party;
Any person authorized by such
candidate or treasurer.

Expenditures duly authorized by the

candidate or the treasurer of the political party shall
be considered as expenditures of such candidate or
political party. The authority to incur expenditures
must:
(1) be in writing;
(2) be signed by the candidate or the treasurer
of the party;
(3) show the expenditures so authorized;
(4) state the full name and exact address of the
person so designated; and
(5) be furnished the COMELEC.
Prohibited donations
(Sec. 104, B.P. 881)
No candidate, his or her spouse or any
relative within the second civil degree of
consanguinity or affinity, or his campaign manager,
agent or representative shall during the campaign
period, on the day before and on the day of the
election, directly or indirectly, make any donation,

contribution or gift in cash or in kind, or undertake or

contribute to the construction or repair of roads,
bridges, school buses, puericulture centers, medical
clinics and hospitals, churches or chapels cement
pavements, or any structure for public use or for the
use of any religious or civic organization.
The same prohibition applies to treasurers,
agents or representatives of any political party.
Normal and customary religious dues or
contributions, such as religious stipends, tithes or
collections on Sundays or other designated collection
days, as well as periodic payments for legitimate
scholarships established and school contributions
habitually made before the prohibited period, are
excluded from the prohibition.
Duties of candidates and political parties
Accounting of contributions and expenditures
(Sec. 105, B.P. 881)
Every person receiving contributions or
incurring expenditures by authority of the candidate or
treasurer of the party shall, on demand by the
candidate or treasurer of the party, render to the
candidate or treasurer concerned a detailed account
thereof with proper vouchers or official receipts. Such
accounting must be given within 5 days after receiving
such contribution or incurring such expenditure.
Keeping of detailed records of contributions and
expenditures
Keeping of records
Every candidate and treasurer of the party
shall keep detailed, full, and accurate records of all
contributions received and expenditures incurred by
him and by those acting under his authority, setting
forth therein all information required to be reported.
(Sec. 106b, B.P. 881)
Issuance of receipt
Every candidate, treasurer of the political
party, and person acting under the authority of such
candidate or treasurer has the duty to:
(1) issue a receipt for every contribution
received; and
(2) keep a receipt stating the particulars of
every expenditure made.
Preservation of records
Records of contributions and expenditures
must be preserved for at least 3 years after the
holding of the election to which they pertain, for their
production for inspection by the COMELEC or its duly
authorized representative, or upon presentation of a
subpoena duces tecum duly issued by the
COMELEC.

28
Failure of the candidate or treasurer to
preserve such records or documents shall be deemed
prima facie evidence of violation of this provision of
law. (Sec. 106c, B.P. 881)
Filing of Statement of Contributions and
Expenditures
Duty to file
Within 30 days after election day, the
candidate and the treasurer of the political party must
file with the COMELEC duplicate copies of the full,
true and itemized statement of all contributions and
expenditures in connection with the election. (Sec.
14, R.A. 7166)
This requirement to file the statement covers
even those who withdrew as candidates after having
filed their certificates, because Sec. 14 of R.A. 7166
does not make any distinction. (Pilar v. COMELEC,
245 SCRA 759)
Duty of election registrar to advise candidates of
their duty
It is the duty of the city or municipal election
registrar to advise in writing, either by personal
delivery or by registered mail, within 5 days from the
election date, all candidates to comply with the
obligation to file their statements. (Sec. 14, R.A.
7166)
Form and contents of statement
The statement shall be in writing, subscribed
and sworn to by the candidate or by the treasurer of
the party, shall be complete as of the date next
preceding the date of filing, and shall set forth in detail
the following:
(a) the amount of contribution, date of
receipt, and the full name and exact
address of the person from whom the
contribution was received;
(b) the amount of every expenditure, the
date thereof, the full name and exact
address of the person to whom
payment was made, and the purpose
of the expenditure;
(c) any unpaid obligation, its nature and
amount, and to whom said obligation
is owing; and
(d) such other particulars which the
COMELEC may require.
If the candidate or treasurer of the party has
received no contribution, made no expenditure, or has
no pending obligation, the statement shall reflect such
fact. (Sec. 109, B.P. 881)
Effect of Failure to File
No person elected to any public office shall
enter upon the duties of his office until he has filed the
statement of contributions and expenditures. (Sec.
14, R.A. 7166) The same prohibition also applies if
the political party of the winning candidate fails to file
the statement within the required period

Failure to file the required statements or

reports constitutes an administrative offense.
Offenders are liable to pay an administrative fine
ranging from P 1,000.00 to P 30,000.00. Such fine
shall be paid within 30 days from receipt of notice of
such failure; otherwise, the COMELEC shall enforce
the same by issuing a writ of execution against the
properties of the offender. The commission of a
second or subsequent offense under this section
subjects the offender to an increased fine ranging
from P 2,000.00 to P 60,000.00, and to a perpetual
disqualification to hold office. (Sec. 14, R.A. 7166)
Except: Candidates for elective barangay office
Pilar vs. COMELEC (245 SCRA 759)
The Supreme Court said that the
requirement to file the statement covers even those
who WITHDREW as candidates after having filed
their certificates because sec 14, RA 7166 does not
make any distinction.
Duties of contractors, suppliers and business
firms
Persons or firms to whom any electoral
expenditure is made have the duty to:
(a) Require every agent of a candidate or of
the treasurer of a political party to
present written authority to incur
electoral expenditures in behalf of such
candidate or treasurer.
(b) Keep and preserve at its place of
business for a period of 3 years after the
date of the election copies of such
written authority, contracts, vouchers,
invoices and other records and
documents relative to said expenditures,
subject to inspection by the COMELEC
or its authorized representative.
(c) File with the COMELEC a report setting
forth the full names and exact
addresses of the candidates, treasurers
of political parties and other persons
incurring such expenditures, the nature
or purpose of each expenditure, the
date and costs thereof, and such other
particulars as the COMELEC may
require within 30 days after the day of
the election.
The report shall be
signed and sworn to by the supplier or
contractor, or by the president or
general manager in case of a business
firm. (Sec. 112, B.P. 881)
Repeal of Sec. 105-112 of B.P. 881 as election
offenses
Prior to R.A. 7166, failure to comply with the
duties imposed by Sec. 105-112 of B.P. 881
constituted election offenses that were punishable
under Art. 262 of B.P. 881. However, Sec. 39 of R.A.

29
7166 repealed the inclusion of said provisions as
election offenses, with such repeal to have retroactive
effect.
THE ELECTION PROPER
IN GENERAL
What constitutes an election
An election is constituted when there is a
plurality of votes sufficient for a choice conditioned on
the plurality of valid votes or a valid constituency
regardless of the actually number of votes cast.
Otherwise, there would be no winner.
It is not necessary that a majority of voters
should have elected the winning candidate. Even if a
candidate wins due to a minority vote, if the election is
lawfully held, a plurality of the majority is sufficient.
Those who did not vote are assumed to
assent to the action of those who voted.
Failure of elections
Grounds for declaration of failure of elections
In the case of Joseph Peter Sison v.
COMELEC (G.R. No. 134096, March 3, 1999), the
Supreme Court said that there are only 3 instances
where a failure of elections may be declared, namely:
(1) 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;
(2) 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; and
(3) 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.
The causes for the declaration of a failure of
election may occur before or after the casting of votes
or on the day of the election. (Sec. 4, R.A. 7166)
How declared
The declaration of a failure of election is
decided by the COMELEC en banc by a majority vote
of its members. (Sec. 4, R.A. 7166)
Procedure for declaration of failure of
elections shall be discussed in the last part of this
reviewer.

Holding or continuation of election

The COMELEC shall call for the holding or
continuation of the election on a date reasonably
close to the date of the election not held, suspended,
or which resulted in a failure to elect but not later than
30 days after the cessation of the cause of such
suspension or failure to elect. (Sec. 6, B.P. 881)
Postponement of elections
Grounds for postponement of elections
An election may be postponed by the
COMELEC either motu proprio or upon a verified
petition by any interested party when there is
violence, terrorism, loss or destruction of election
paraphernalia or records, force majeure, or other
analogous cause of such a nature that the holding of
a free, orderly and honest election becomes
impossible in any political subdivision. (Sec. 5, B.P.
881)
How declared
The declaration of a postponement of
election is decided by the COMELEC en banc by a
majority vote of its members. (Sec. 4, R.A. 7166)
Holding of election
The COMELEC shall call for the holding of
the election on a date reasonably close to the date of
the election not held, suspended, or which resulted in
a failure to elect but not later than 30 days after the
cessation of the cause for such postponement or
suspension of the election or failure to elect. (Sec. 5,
B.P. 881)
Special election
(Sec. 4, R.A. 7166)
In case a permanent vacancy occurs in the
Senate or House of Representatives at least 1 year
before the expiration of the term, the COMELEC shall
call and hold a special election to fill the vacancy not
earlier than 60 days nor longer than 90 days after the
occurrence of the vacancy.
However, in case of such vacancy in the
Senate, the special election shall be held
simultaneously with the succeeding regular election.
CASTING OF VOTES
Secrecy of the Ballot
The distinguishing feature of this mode of
voting, is that every voter is thus enabled to secure
and preserve the most complete and violable secrecy
in regard to the person for whom he votes, and thus
escapes the influences which, under the system of
oral suffrages, may be brought to bear upon him with
a view to overbear and intimidate, and thus prevent
the real expression of public sentiment.

30
A legal voter will not be compelled to
disclose for whom he voted. Moreover, third persons
are not permitted to testify to its purport.
The voter may, however, if he chooses,
waive his privilege of secrecy and voluntarily disclose
the contents of his ballot. Thus, it was held in the
case of ABS-CBN v. COMELEC (January 28, 2000)
that exit polls are valid since they are voluntary and
do not require a voter to reveal the contents of his or
her ballot if he or she does not want to.
Method of voting
Voter must vote in person.
The voter must personally deposit his ballot.
By the principle that what is done in ones
presence and by his express direction is, in law, his
act, an infirm or aged voter may undoubtedly employ
another to perform the mechanical act of depositing in
the voters presence the ballot which the latter has
himself selected.
Voter must vote but once.
Each voter shall vote but once, at any
election, for each office or measure to be voted for.
Voter need not vote the whole ticket.
It is entirely optional with the voter whether
he will vote at all or not, and he may vote for such
offices as he chooses and for such of the several
persons to be chosen to the same office as he
prefers.

Absentee Voting
Under RA 7166, absentee voting as provided
for in EO 157 shall apply to the elections for
President, Vice-President, and Senators ONLY and
shall be limited to:

members of the AFP

members of the PNP
other government officers and employees

who are duly registered voters and who, on election

day, may temporarily be assigned in connection with
the performance of their election duties to places
where they are not registered voters.
Block Voting
There is no longer block voting under current
Philippine Election Laws, having been expressly
prohibited by Art. IX-C, Sec. 7 of the 1987
Constitution.
However, it must be noted that under the
party-list system, votes may be counted in favor of
political parties, organizations or coalitions rendered
under said system. This, in a way, may be construed

as the exception to the prohibition on block voting.

Voting Hours
GENERAL RULE: The casting of votes shall
be at 7 a.m. and shall end at 3 p.m.
EXCEPTION: When there are voters present
within 30 meters in front of the polling place
who have not yet cast their votes, in which
case the voting shall continue but only to allow
said voters to cast their votes without
interruption. The poll clerk shall prepare a
complete list containing the names of said
voters consecutively numbered, and the voters
so listed shall be called to vote by announcing
each name repeatedly three times in the order
in which they are listed. Any voter in the list
who is not present when his name is called out
shall not be permitted to vote.
Board of Election Inspectors
At least 30 days before the date when the
voters list is to be prepared, in the case of a regular
election or 15 days before a special election, the
COMELEC shall, directly or through its duly
authorized representatives, constitute a board of
election inspectors for each precinct.
Composition
The Board of Election Inspectors
composed of three (3) persons, namely:

is

chairman
poll clerk
member

The entire Board shall be composed of

public school teachers, priority to be given to those
with permanent appointments. (Sec. 164, BP 881, as
amended by Sec. 13, R.A. 6646) However, in case
there are not enough public school teachers, the
following may be appointed for election duty:

teachers in private schools;

employees in the civil service;
or
other citizens of known probity
and competence who are
registered voters of the city or
municipality

Qualifications
1) public school teachers
2) be of
good moral character and
irreproachable reputation
3) a registered voter of the City or municipality
4) never been convicted of any election offense
or any other crime punishable by more than
6 months imprisonment
5) able to speak and write English or the local
dialect
Disqualifications

31
1)

2)

must not be related within the 4th civil degree

by consanguinity or affinity to any member of
the BEI or to any candidate to be voted for in
the polling places
must not engage in any partisan political
activity

Powers of the Board of Election Inspectors (Sec.

168, BP 881)
The board of election inspectors shall have
the following powers and functions:

Conduct the voting and counting of

votes in their respective polling places;

Act as deputies of the Commission in

the supervision and control of the
election in the polling places wherein
they are assigned, to assure the holding
of the same in a free, orderly and
honest manner;

Perform such other functions prescribed

by the Omnibus Election Code or by the
rules and regulations promulgated by
the COMELEC

Proceedings
Shall be public and held only in the polling
places.
Exception: the counting of the votes and
the preparation of the return may be done in the
nearest safe baranggay or school building within the
municipality BY unanimous vote of the board and
concurred in by the majority of the watchers present
IF there is imminent danger of violence, terrorism,
disorder or similar causes.
The BEI shall act through its Chariman, and
shall decide without delay by majority vote all
questions which may arise in the performance of its
duties.
Prohibitions on the Board of Election Inspectors
No member of the Board shall, before the
termination of the voting, make any announcement as
to whether a certain registered voter has already
voted or not, as to how many have already voted or
how many so far have failed to vote, or any other fact
tending to show or showing the state of the polls, nor
shall he make any statement at any time as to how
any person voted, except as witness before a court.
(Sec. 205, BP 881)
Watchers
Each candidate and each political party or
coalition of political parties duly registered with the
Commission including those participating under the
party list system of representation, may appoint two
watchers, to serve alternately, in every polling place.
However, candidates
Panlalawigan,
Sangguniang

for Sangguniang
Lunsod
and

Sangguniang Bayan, belonging to the same ticket or

slate shall collectively entitled to 1 watcher.
Duly accredited citizens arms of the
Commission, shall be entitled to appoint a watcher in
every polling place.
Other civic, religious,
professional, business, service, youth, and other
similar organization, with prior authority from the
Commission, shall be entitled collectively, to appoint 1
watcher in polling place.
Qualifications:
1) Qualified voter of the city or municipality
2) Good reputation
3) Never been convicted of any election offence
or any crime
4) Knows how to read and write English,
Pilipino or any of the prevailing local dialects
5) Not related within the 4th civil degree by
consanguinity or affinity to any member of
the BEI in the polling place where he seeks
appointment as watcher.
Rights and duties:
1) Stay in the space reserved for then inside
the polling place
2) Witness and inform themselves of the
proceedings of the BEI
3) Take notes, photographs of proceedings
4) File protests against any irregularities or
violation of law
5) Be furnished with a certificate of the number
of votes cat for each candidate, duly signed
and thumb marked by the members of the
BEI.
CASTING OF VOTES
Authentication of the ballot
In every case, before delivering an official
ballot to the voter, the chairman of the Board of
Election Inspectors shall affix his signature at the back
of the ballot in the presence of the voter.
Failure to authenticate shall be noted in the
minutes of the Board of Election Inspectors and shall
constitute an election offense. (Sec. 24, R.A. 7166)
There is nothing in the law that provides that
a ballot which has not been authenticated shall be
deemed spurious.
The law merely makes the
Chairman of the Board of Election Inspectors
accountable for such an omission. (Libanan v. HRET,
G.R. No. 129783, December 22, 1997) Thus, it was
held in Punzalan v. COMELEC (289 SCRA 702) that
the ballot is valid even if it is not signed at the back by
the BEI Chairman.
Preparing the ballot and voting
(1) The voter, upon receiving his folded
ballot, shall forthwith proceed to one of the empty
voting booths and shall there fill his ballot by
writing in the proper space for each office the
name of the individual candidate for whom he

32
desires to vote.
No voter shall be allowed:

to enter a booth occupied by

another, nor enter the same
accompanied by somebody,
except as provided for in the
succeeding section hereof;

to stay therein for a longer

time than necessary

to speak with anyone other

than as herein provided while
inside the polling place.

It shall be unlawful:

to prepare the ballot outside the

voting booth;
to exhibit its contents to any
person
to erase any printing from the
ballot
to intentionally tear or deface the
same or put thereon any
distinguishing mark;
to use carbon paper, paraffin
paper, or other means for making
a copy of the contents of the
ballot;
to make use of any other means
to identify the vote of the voter.

Preparation of Ballots for Illiterates and

Disabled Persons (Sec. 196, B.P. 881)
No voter shall be allowed to vote as an
illiterate or as a physically disabled unless it
is so indicated in his registration record.
A voter who is illiterate or physically unable to
prepare the ballot by himself may be assisted
in the preparation of his ballot by the
following:
(a) a
relative
by
affinity
or
consanguinity within the fourth civil
degree, or
(b) if (a) is not available, then any
person of his confidence who
belongs to the same household; or
(c) any member of the
election inspectors.

board

of

In no case shall an assistor assist more

than 3 times.
The person assisting shall:

prepare the ballot for the illiterate

or disabled voter inside the voting
booth;
bind himself in a formal document

under oath to fill out

strictly in accordance
instructions of the voter
reveal the contents of
prepared by him.

the ballot
with the
and not to
the ballot

A violation of these 2 duties shall

constitute an election offense.
Spoiled Ballots
If a voter should accidentally spoil
or deface a ballot in such a way
that it cannot lawfully be used, he
shall surrender it folded to the
chairman who shall note in the
corresponding space in the voting
record that said ballot is spoiled.
The voter shall then be entitled to
another ballot which the chairman
shall give him after announcing
the serial number of the second
ballot and recording the serial
number in the corresponding
spaces in the voting record.
No voter shall change his ballot
more than once. (Sec. 14, R.A. 8436)
The spoiled ballot shall,
without being unfolded and
without removing the detachable
coupon, be distinctly marked with
the word "spoiled" and signed by
the board of election inspectors
on the endorsement fold thereof
and immediately placed in the
compartment for spoiled ballots.
(2) After the voter has filled his ballot he shall
fold it in the same manner as when he received it
and return it to the chairman.
(3) In the presence of all the members of
board of election inspectors, he shall affix
thumbmark on the corresponding space in
coupon, and deliver the folded ballot to
chairman.

the
his
the
the

(4) The chairman, in the presence and view of

the voter and all the members of the board of
election inspectors, without unfolding the ballot
or seeing its contents, shall verify its number
from the voting record where it was previously
entered.
Any ballot whose number does
not coincide with the number of
the ballot delivered to the voter,
as entered in the voting record,
shall be considered as spoiled
and shall be so marked and
signed by the members of the
board of election inspectors.
(5) The voter shall affix his thumbmark by the
side of his signature in the space intended for that
purpose in the voting record and the chairman

33
shall apply silver nitrate and commassie blue on
the right forefinger nail or on any other available
finger nail, if there be no forefinger nail.
(6)
The chairman shall sign in the proper
space beside the thumbmark of the voter.
Note that the absence of the
signature of the chairman in
the ballot given to a voter as
proof of the authenticity of the
ballot, is fatal.
(7) The chairman, after finding everything to
be in order, shall then detach the coupon in the
presence of the board of election inspectors and
of the voter and shall deposit the folded ballot in
the compartment for valid ballots, and the
detached coupon in the compartment for spoiled
ballots.
Any ballot returned to the
chairman whose detachable
coupon has been removed not
in the presence of the board of
election inspectors and of the
voter, shall be considered as
spoiled and shall be so
marked and signed by the
members of the board of
election inspectors.

that he has made a bet or is

interested directly or indirectly in
a bet which depends upon the
result of the election.

The challenged person shall take a

prescribed oath before the board of election
inspectors that he has not committed any of the acts
alleged in the challenge. Upon the taking of such
oath, the challenge shall be dismissed and the
challenged voter shall be allowed to vote, but in case
of his refusal to take such oath, the challenge shall be
sustained and he shall not be allowed to vote.

Records or Statements to be Prepared and Kept

Record of Challenges and Oaths

(Sec. 199, B.P. 881)

Any voter or watcher may challenge any
person offering to vote for not being registered, for
using the name of another or suffering from existing
disqualification. In such case, the board of election
inspectors shall satisfy itself as to whether or not the
ground for the challenge is true by requiring proof of
registration or the identity of the voter.
No voter shall be required to present his
voter's affidavit on election day unless his identity is
challenged. His failure or inability to produce his
voter's affidavit upon being challenged, shall not
preclude him from voting if his identity be shown from
the photograph, fingerprints, or specimen signatures
in his approved application in the book of voters or if
he is identified under oath by a member of the board
of election inspectors and such identification shall be
reflected in the minutes of the board.

The poll clerk shall keep a prescribed record

of challenges and oaths taken in connection therewith
and the resolution of the board of election inspectors
in each case and, upon the termination of the voting,
shall certify that it contains all the challenges made.
The original of this record shall be attached
to the original copy of the minutes of the voting as
provided in the succeeding section. (Sec. 202, B.P.
881)
Minutes of Voting and Counting of Votes
The board of election inspectors shall
prepare and sign a statement in four copies setting
forth the following:

(Sec.

Any voter or watcher may challenge any voter offering

to vote on any of the following grounds:
that the challenged person has
received or expects to receive,
has paid, offered or promised to
pay, has contributed, offered or
promised to contribute money or

that he has made or received a

promise to influence the giving or
withholding of any such vote; or

It must be noted that the admission of the

challenged vote shall not be conclusive upon any
court as to the legality of the registration of the voter
challenged or his vote in a criminal action against
such person for illegal registration or voting.

Challenge of Illegal Voters

Non-conclusiveness of admission of challenged

vote (Sec. 201, B.P. 881)

(8) The voter shall then depart.

Challenge Based on Certain Illegal Acts

200, B.P. 881)

anything
of
value
as
consideration for his vote or for
the vote of another;

time the voting commenced

and ended;
serial numbers of the official
ballots and election returns,
special envelopes and seals
received;
number of official ballots
used and the number left
unused;
number of voters who cast
their votes;
number of voters challenged
during the voting;
names of the watchers
present;

34

time the counting of votes

commenced and ended;
number of official ballots
found inside the compartment
for valid ballots;
number of valid ballots
retrieved
from
the
compartment
for
spoiled
ballots, if any;
number of ballots found
folded together, if any;
number of spoiled ballots
withdrawn
from
the
compartment for valid ballots;
number of excess ballots;
number of marked ballots;
number of ballots read and
counted;
time the election returns were
signed and sealed in their
respective special envelopes;
number and nature of
protests made by watchers;
such other matters that the
Commission may require.

Copies of this statement after being duly

accomplished shall be sealed in separate envelopes
and shall be distributed as follows:

the original to the city or

municipal election registrar;
the second copy to be
deposited
inside
the
compartment for valid ballots
of the ballot box;
the third and fourth copies to
the representatives of the
accredited political parties.
(Sec. 203, B.P. 881)

of election inspectors shall publicly count in the polling

place the votes cast and ascertain the results. The
Board shall not adjourn or postpone or delay the
count until it has been fully completed, unless
otherwise ordered by the COMELEC.
Venue for counting of votes
The COMELEC in the interest of free,
orderly, and honest elections, may order the board of
election inspectors to count the votes and to
accomplish the election returns and other forms
prescribed under the Omnibus Election Code in any
other place within a public building in the same
municipality or city. The public building shall not be
located within the perimeter of or inside a military or
police camp or reservation nor inside a prison
compound.
If it becomes necessary to transfer the
counting of votes to a safer place on account of
imminent danger of violence, terrorism, disorder or
similar causes, the Board of Election Inspectors may
effect such transfer by unanimous approval by the
Board and concurrence by the majority of the
watchers present. (Sec. 18, R.A. 6646)
Manner of Counting Votes
1.

The board of election inspectors

shall unfold the ballots and form
separate piles of one hundred
ballots each, which shall be held
together with rubber bands, with
cardboard of the size of the ballots
to serve as folders.

2.

The chairman of the board of

election inspectors shall take the
ballots of the first pile one by one
and read the names of candidates
voted for and the offices for which
they were voted in the order in which
they appear thereon, assuming such
a position as to enable all of the
watchers to read such names.

3.

The chairman shall sign and affix his

right hand thumbmark at the back of
the ballot immediately after it is
counted.

4.

The poll clerk, and the third member,

respectively, shall record on the
election returns and the tally board
or sheet each vote as the names
voted for each office are read. (The
election returns are mandated by
law to be prepared simultaneously
with the counting of the votes.)

5.

After finishing the first pile of ballots,

the board of election inspectors shall
determine the total number of votes
recorded for each candidate, the
sum being noted on the tally board
or sheet and on the election returns.
In case of discrepancy such recount

List of Unused Ballots

The chairman of the board of election
inspectors shall prepare a list showing the number of
unused ballots together with the serial numbers.
This list shall be signed by all the members
of the board of election inspectors, after which all the
unused ballots shall be torn halfway in the presence
of the members of the board of election inspectors.
(Sec. 204, B.P. 881)
COUNTING OF VOTES
The counting of votes is conducted by the
Board of Election Inspectors, which shall not adjourn
or postpone or delay the count until it has been fully
completed, unless otherwise ordered by the
COMELEC.
Counting proper
Counting to be Public and Without Interruption
As soon as the voting is finished, the board

35
as may be necessary shall be made.
The ballots shall then be grouped
together again as before the
reading. Thereafter, the same
procedure shall be followed with the
second pile of ballots and so on
successively.
6.

After all the ballots have been read,

the board of election inspectors shall
sum up the totals recorded for each
candidate, and the aggregate sum
shall be recorded both on the tally
board or sheet and on the election
returns.

7.

It shall then place the counted

ballots in an envelope provided for
the purpose, which shall be closed
signed and deposited in the
compartment for valid ballots.

8.

The tally board or sheet as

accomplished and certified by the
board of election inspectors shall not
be changed or destroyed but shall
be kept in the compartment for valid
ballots.

Duties of the Board of Election Inspectors in

Counting the Votes
The boards duties are confined to the
conduct of the elections and the counting of votes.
The board of election inspectors does not decide the
eligibility of candidates, and therefore has no authority
to ignore the votes for a candidate who has filled out
his certificate of candidacy in the proper form.
Counting should be liberal to effectuate the
will of the electorate.
Voters should not be
disenfranchised for technical causes.
It is the duty of the board of election
inspectors to issue a certificate of the number of the
votes received by a candidate upon request of the
watchers. All the members of the board of election
inspectors shall sign the certificate.
Marked Ballots

Effect of Marked Ballots

Marked ballots are invalidated in their
entirety, and none of the votes therein are counted.
Determination of Marked Ballots
In discounting marked ballots, great care
should be used in rejecting them. Election laws are
designed to effectuate the will of the electorate. Only
in an unmistakable case where the ballot appeared to
be marked, should it be rejected.
The determinative factor in the nullification of
ballots for being marked as following a design or
pattern, is the existence of evidence aliunde tending
to show the intention or purpose in the use of the
contested manner or means of voting, which is to
identify the ballots. In the absence of evidence
aliunde clearly showing the intention or plan was for
purposes of identification, signs on ballots are
presumed accidental.
A majority vote of the board of election
inspectors shall be sufficient to determine whether a
ballot is marked or not.
All marked ballots shall be placed in an
envelope labeled "marked ballots" which shall be
sealed and signed by the members of the board of
election inspectors and placed in the compartment for
valid ballots and shall not be counted.
Instances of Marked Ballots
Non-official ballots which the board of
election inspectors may find, EXCEPT those which
have been used as emergency ballots, are
considered as marked ballots. Other examples of
marked ballots include the following:

Where 170 ballots were voted for in the same

manner and there is evidence aliunde to
prove that such manner of voting was
planned.

Where the name of 1 candidate is clearly and

markedly indented to the right to make the
ballot easily distinguishable.

Use of two or more kinds of writing

deliberately put by the voter to serve as
identification marks.

Writing the name of a person who is not a

candidate 3 times on 3 spaces provided for in
different offices.

Expressions
opposite
the
candidates written for the
identification.

The inclusion of the names of 2 well-known

movie stars who were not candidates.

Writing the name of a registered voter who is

Marked ballots defined

Marked ballots are ballots containing a
distinguishing mark which would tend to identify the
voter who cast such ballot.
Purpose of Disallowing Marked Ballots
Some
unscrupulous
persons
taking
advantage of their influence or political prestige may
require voters to place a distinguishing mark on their
ballot, in consideration of some promise, reward or
other valuable consideration and to which the voters
would have no escape because of the distinguishing
marks required of them to place on their ballots. This
threatens the independence of the voters in the
exercise of their right to vote. Hence, the prohibition
on marked ballots.

space
for
purpose of

36
not a candidate.

The placing, without explanation of initials,

after the corrected names of candidates for
mayor and vice-mayor.

Placing a big letter X immediately after the

name of a candidate for councilor.

The capital letter N opposite the printed

words for senators.

Writing the word sinador in a place far and

separate from the proper spaces for
candidates.

Writing
impertinent,
unnecessary expression

Placing the fingerprint of the voter without

reason.

The presence of an arrow together with the

words and party.

irrelevant

and

Instances when Ballot is not Considered Marked

The following ballots have been considered NOT
marked:

Writing the word sorry after the name of a

candidate as an expression of regret for
committing a mistake.

Canceling names and re-writing them to

conform with a sample ballot.

Misspelling the name of a candidate.

Illegible writings, being imprints of other

names written on the ballot caused by the
folding of the same.

Writing crosses and circles signifying the

desistance of the voter to write any other
name.

Writing a word before the name of a candidate

as an appellation of affection or friendship.

Affixing the nickname of a candidate.

Innocent erasures in the spaces for the

candidates.

Corrected name written over the canceled one

on the space for councilor although he is a
candidate for mayor.

Mistakes in writing names of local candidates

in spaces for senators and writing again the
names of his candidates for councilors in the
proper spaces.

Unintentional, accidental, unintelligible marks

or words.

Accidental placing of a stain.

Voting names of non-candidates in the

absence of evidence that these names were
used as identifying marks.
Appreciation of Ballots

Guiding Principles in the Appreciation of Ballots

DOUBTS are to be resolved in FAVOR of the
validity of ballots. The purpose is of election laws is to
give effect and not to frustrate the WILL of the voter.
LIBERAL CONSTRUCTION in reading the
ballots, and intendments should be in favor of a
reading which render the ballot EFFECTIVE rather
than in favor of a conclusion which on some technical
grounds would render it ineffective.
Minor blemishes should not affect the validity
of the ballot where the intention of the voter to vote for
certain persons is discernible in the ballot.
Errors in spelling, honest mistakes due to
ignorance or illiteracy should not defeat the intention
of the voter. However, if the ballot is so defective as
to fail to show any intention, it must be disregarded.
Sanchez vs. COMELEC ( 153 SCRA 67)
Appreciation of ballots is a function of the
BEI, not the Board of Canvassers.
Bautista vs. Castro ( 206 SCRA 305)
In appreciating a ballot, the object should be
to ascertain and carry into effect the intention of the
voter if it can be determined with reasonable certainty.
Rules for Appreciation of Ballots
881)

(Sec. 211, BP

Every ballot shall be PRESUMED VALID UNLESS

there is clear and good reason to reject it.
BALLOT

HOW COUNTED

Ballots containing the name of a

candidate
affixed
thereto
through any MECHANICAL
process

Totally VOID

Ballot clearly appears to have

been FILLED by 2 DIFFERENT
PERSONS before deposited in
ballot box

Totally VOID

Ballot written with CRAYON,

LEAD PENCIL or INK, wholly or
in part

Valid

INITIALS only or ILLEGIBLE or

does NOT sufficiently identify
the candidate for whom it is
intended

Considered as a
STRAY vote BUT
shall
NOT
invalidate
the
whole ballot

Vote for a person who has not

filed a certificate of candidacy

Considered as a
STRAY vote BUT

37
or in favor of a candidate for an
office for which he did not
present himself

shall
invalidate
whole ballot

NOT
the

Vote for a candidate who has

been disqualified by final
judgment

Considered as a
STRAY vote but
shall not invalidate
the whole ballot

Only candidates FIRST NAME

or SURNAME is written, and
there is NO other candidate
with the same first name or
surname for the same office

Vote
for
the
candidate is valid

Only candidates FIRST NAME

is written which when read has
a SOUND SIMILAR to the
SURNAME
of
another
candidate

Vote counted in
favor
of
the
candidate
with
such SURNAME

If there are 2 or more

candidates with the SAME
FULL NAME, FIRST NAME or
SURNAME, and one of them is
the INCUMBENT, and on the
ballot is written ONLY such full
name, first name or surname

Vote counted for

the INCUMBENT

Woman candidate uses her

MAIDEN NAME or MARRIED
NAME or BOTH, and there is
another candidate with the
SAME SURNAME

A ballot bearing
only such surname
shall be counted in
favor
of
the
candidate who is
an INCUMBENT.

2 or more words are written on

the SAME LINE on the ballot,
and ALL of which are the
SURNAMES of 2 or MORE
CANDIDATES

Vote shall NOT be

counted for any of
them UNLESS one
is the surname of
the incumbent who
has served for at
least 1 year
counted for the
INCUMBENT

2 or more words are written on

DIFFERENT LINES on the
ballot, ALL of which are the
SURNAMES of 2 MORE
CANDIDATES
bearing
the
same surname for an OFFICE
of r which the law authorizes
the election of MORE THAN
ONE and there are the SAME
NUMBER of such SURNAMES
written as there are candidates
with that surname

Vote counted in
favor
of
ALL
CANDIDATES
bearing
the
surname

1 word is written on the ballot

which is the FIRST NAME of a
candidate and which is also the
SURNAME of his opponent

Vote counted for

the
OPPONENT
(SURNAME)

2 words written on the ballot, 1

of which is the FIRST NAME of
the candidate and the other is
the SURNAME of his opponent

Vote shall NOT be

counted for either

Name
or
surname
INCORRECTLY
WRITTEN
which when READ has a

Vote counted in
favor of such a
candidate

SOUND SIMILAR to the name

or surname of a candidate
when correctly written (Idem
sonans rule)
Vote
shall
be
counted for the
candidate for the
office for which he
is running for.
Name or surname of a
candidate appears in the space
of the ballot for an office for
which he is a candidate and for
an office for which he is NOT a
candidate

Vote for the office

for which he is
NOT a candidate
shall be considered
a STRAY vote
EXCEPT when it is
used to identify the
voter in which case
the whole ballot is
VOID.

Name of a candidate is NOT

written in the PROPER SPACE
on the ballot but is PRECEDED
by the name of the OFFICE for
which he is a candidate

Vote counted for

the candidate

Words
written
on
the
APPROPRIATE BLANK on the
ballot is the IDENTICAL NAME
or SURNAME or FULL NAME
of 2 or MORE candidates for
the SAME OFFICE, none of
whom is the incumbent

Vote counted in
favor
of
that
candidate to whose
ticket belong all the
other
candidates
voted for in the
same ballot for the
same constituency.

PREFIXES such as "Sr.", "Mr.",

"Datu", "Don", "Ginoo", "Hon.",
"Gob." or SUFFIXES like "Hijo",
"Jr.", "Segundo"

PREFIXES
SUFFIXES
valid

CIRCLES, CROSSES, LINES

on spaces which the voter has
not voted

Considered
as
signs
of
his
desistance
from
voting and shall
NOT invalidate the
ballot

Space in the ballot appears a

NAME of a candidate that is
ERASED
and
another
CLEARLY WRITTEN

Vote counted for

the one CLEARLY
WRITTEN

ACCIDENTAL
tearing
perforation of the ballot

Shall NOT annul it

or

AND
are

Failure
to
remove
the
DETACHABLE COUPON from
the ballot

Shall NOT annul

the ballot

Erroneous initial of FIRST

NAME
accompanied
by
CORRECT SURNAME of the
candidate

Shall NOT annul

the vote

Erroneous initial of SURNAME

accompanied by CORRECT
FIRST NAME of the candidate

Shall NOT annul

the vote

Erroneous MIDDLE INITIAL

Shall NOT annul

the vote

38
The fact that there exists
another person who is NOT a
candidate with the same first
name or surname of a
candidate
COMMAS, DOTS, HYPHENS
between the first name and
surname of the candidate or on
other parts of the ballot
Traces of letter T or J or
similar ones
First letters or syllables of
names which the voters does
not continue
UNINTENTIONAL
or
ACCIDENTAL
flourishes,
strokes, strains

Shall NOT annul

the vote

Shall
NOT
invalidate the ballot
UNLESS it clearly
appears that they
were deliberately
put by the voter as
IDENTIFICATION
marks in which
case, the ballot is
VOID

NICKNAMES
and
APPELATIONS of affection and
friendship accompanied by the
FIRST NAME or SURNAME of
the candidate

Shall NOT annul

the vote EXCEPT
when such is used
to identify the voter
in which case, the
whole ballot is
VOID

NICKNAME used is one by

which the candidate is generally
or POPULARLY KNOWN in the
locality and UNACCOMPANIED
by a first name or surname of
the candidate

Vote counted for

the candidate IF
there is no other
candidate for the
SAME
OFFICE
with the SAME
NICKNAME

CORRECTLY written FIRST

NAME of the candidate with a
DIFFERENT SURNAME

Vote NOT counted

in favor of any
candidate having
such first name
BUT the ballot is
considered
valid
for
other
candidates

2 or more candidates are voted

for an office which the law
authorizes election of
only
ONE

Vote NOT counted

in favor of any of
them
BUT the
ballot is considered
valid
for
other
candidates

Candidates voted for EXCEED

the number of those to be
elected

Valid ballot BUT

the votes counted
are those names
which were FIRST
WRITTEN by the
voter
until
the
authorized number
is covered

Ballots totally written in ARABIC

in localities where it is of
GENERAL USE

VALID (to read

such ballots, the
board of election
inspectors can use
an interpreter who
has shall taken an
oath to read them

correctly)
Note that a vote for the President is no
longer considered a vote for the Vice-President
running under the same ticket as the 1987
Constitution already prohibits block voting. (Although
the party-list system may be deemed as an
exemption to that prohibition.)
Election Returns
Definition
The election returns are the official
document containing the date of the election, the
province, municipality and the precinct in which it is
held, and the votes received by each candidate
written in figures and in words. It is the document on
which the Certificates of Canvass are based, and is
the only document that constitutes sufficient evidence
of the true and genuine results of the elections. (See
Garay v. COMELEC, 261 SCRA 222)
Number of Copies and Their Distribution
(Sec. 27, R.A. 7166, as amended by R.A. 8045 and
R.A. 8173)
The board of election inspectors shall
prepare in their handwriting the returns in their polling
places, in the number of copies herein provided and
in the form to be prescribed and provided by the
COMELEC.
In the election of President, Vice-President,
Senators, and Members of the House of
Representatives, the copies of the election returns
shall be distributed as follows:
1st Copy: City or municipal board of canvassers
2nd Copy: Congress, directed to the Senate
President
3rd Copy: COMELEC
4th Copy: Dominant majority party, as determined by
the COMELEC
5th Copy: Dominant minority party, as determined by
the COMELEC
6th Copy: Citizens' arm authorized by the COMELEC
to conduct an unofficial count
7th Copy: Deposited inside the compartment of the
ballot box for valid ballots
In the election of local officials, the copies of
the election returns shall be distributed as follows:
1st Copy:
2nd Copy:
3rd Copy:
4th Copy:
5th Copy:
6th Copy:
7th Copy:

City or municipal board of canvassers

COMELEC
Provincial board of canvassers
Dominant majority party, as determined by
the COMELEC
Dominant minority party, as determined by
the COMELEC
Citizens' arm authorized by the COMELEC
to conduct an unofficial count
Deposited inside the compartment of the
ballot box for valid ballots

39
Announcement of Results of Elections
The chairman of the Board of Election
Inspectors shall make an ORAL and PUBLIC
ANNOUNCEMENT of the TOTAL number of votes in
the polling place for EACH candidate by the upon the
completion of the election returns.
Issuance of the Certificate of Votes
Certificate of votes defined
The certificate of votes is a document which
contains the number of votes obtained by each
candidate written in words and figures, the number of
the precinct, the name of the city or municipality and
province, the total number of voters who voted in the
precinct, and the date and time issued. It must be
signed and thumb marked by each member of the
Board. (Sec. 16, R.A. 6646)
Duty of Board to issue certificate
It is the duty of the board of election
inspectors to issue a certificate of the number of the
votes received by a candidate upon request of the
duly-accredited watchers. (Sec. 16, R.A. 6646)
Refusal to do so constitutes an election offense.
(Sec. 27, R.A. 6646)
Admissibility in evidence
The certificate of votes is admissible in
evidence to prove tampering, alteration, falsification or
any anomaly committed in the election returns
concerned, when duly authenticated by testimonial or
documentary evidence presented to the Board of
Canvassers by at least 2 members of the Board of
Election Inspectors who issued the certificate. This is
notwithstanding the provisions of Secs. 235 and 236
of BP 881.
The Certificate of Votes is evidence likewise
of the votes obtained by the candidates. (Balindong
v. COMELEC, 27 SCRA 567) However, it was held in
the case of Garay v. COMELEC (261 SCRA 222) that
a Certificate of Votes can never be a valid basis for
canvass, and does not constitute sufficient evidence
of the true and genuine results of the elections; only
election returns are.
Failure to present any certificate of votes
shall be a bar to the presentation of other evidence to
impugn the authenticity of the election returns. (Sec.
17, R.A. 6646)
CANVASS
Canvass and Certificate of Canvass defined
The canvass of votes refers to the process
by which the results in the election returns are tallied
and totaled.
Certificates of canvass are official
tabulations of votes accomplished by district,
municipal, city and provincial canvassers based on

the election returns, which are the results of the ballot

count at the precinct level.
Nature of canvass proceedings
Canvass proceedings are administrative and
summary in nature.
A majority vote of all the members of the board
shall be necessary to render a decision. (Sec 255 BP
881)
Any registered political party, coalition of parties,
through their representatives, and any candidate has
a right to be present and to counsel during the
canvass of election returns. They shall have the right
to examine the returns being canvassed without
touching them, to make their observations thereon,
and file their charges in accordance with the rules and
regulations of the COMELEC. ( sec 25, RA 6646)
It shall be unlawful for any officer or member of
the AFP, including the national police, or any peace
officer or any armed or unarmed persons belonging to
an extra-legal police agency, special forces, reaction
forces, strike forces, home defense forces, barangay
self defense units, etc. to enter the room where the
canvassing of the election returns are held, and within
a radius of 50 meters from such room. ( sec 232,
BP881)
Grand Alliance for Democracy vs. COMELEC ( 150
SCRA 665)
Where it has been determined by the
COMELEC that actual voting and election by the
registered voters had taken place, the election returns
can not be disregarded and excluded with the
corresponding disenfranchisement of voters but
must be accorded prima facie status as bona fide
reports of the result of the voting for canvassing and
proclamation purposes. The summary nature of the
proceedings require that written objections ( to the
returns) be filed only during this stage, because it is
only at this time that the inclusion or exclusion of any
return is in issue; mere allegations of duress,
coercion, fraud, can not invalidate the election returns
which are otherwise clean on their face.
Mastura vs. COMELEC (285 SCRA 493)
The COMELEC may order the annulment of
the certificate of canvass which it found to be
tampered after examining the copies of the election
returns of the municipal judge and COMELEC
because all the copies of the election returns are
original copies although the copy of the Municipal
Board of Canvassers is the original copy.
Sec 15 RA 7166, does not specify that the
COMELEC shall use the copy of the election return of
the Municipal Board of Canvassers in correcting a
manifest error.
Composition of the Board of Canvasser

40
(Sec. 221, BP 881, as amended by Sec. 20, RA 6646)
PROVINCIAL
Chairman

CITY

Provincial election supervisor

or lawyer in the regional office
of the COMELEC

MUNICIPAL

City election registrar or a

lawyer of COMELEC;

Election
registrar
or
a
representative of COMELEC

In cities with more than 1

election registrar, COMELEC
shall designate the election
registrar who shall act as
chairman
Vice Chair

provincial fiscal

Member

provincial
schools

superintendent

of

city fiscal

municipal treasurer

city superintendent of schools

most senior district school

supervisor or in his absence a
principal of the school district
or the elementary school

However, in case of non-availability, absence,

disqualification due to relationship, or incapacity for
any cause of any of the members of the Board of

PROVINCIAL

Canvassers, the COMELEC may appoint

following as substitutes, in the order named:

CITY
of

the

Ranking
lawyer
COMELEC

the

MUNICIPAL

Chairman

Ranking
lawyer
COMELEC

of

the

Ranking
lawyer
COMELEC

of

the

Vice
Chairman

(1) Provincial auditor

(2) Registrar of Deeds
(3) Clerk of Court nominated
by the Executive Judge of
the RTC;
(4) Any other available
appointive provincial
official

(1) City auditor or equivalent;

(2) Registrar of Deeds;
(3) Clerk of Court nominated
by the Executive Judge of
the RTC;
(4) Any other available
appointive city official

(1) Municipal Administrator;

(2) Municipal Assessor;
(3) Clerk of Court nominated by
the Executive Judge of the
MTC;
(4) Any other available
appointive municipal
official

Member

Same as for Vice-Chairman

Same as for Vice-Chairman

Same as for Vice-Chairman

face thereof, and its task of tallying is merely

ministerial.
Prohibitions on the Board of Canvassers

The chairman and the members of the Board of

Canvassers shall not be related within the 4th civil
degree of consanguinity or affinity to any of the
candidates whose votes will be canvassed by
said board, or to any member of the said board.
(Sec. 222, B.P. 881)
No member or substitute member of the different
boards of canvassers shall be transferred,
assigned or detailed outside of his official station,
nor shall he leave said station without prior
authority of the COMELEC during the period
beginning election day until the proclamation of
the winning candidates. (Sec. 223, B.P. 881)
No member of the board of canvassers shall feign
illness in order to be substituted on election day
until the proclamation of the winning candidates.
Feigning of illness constitutes an election
offense. (Sec. 224, B.P. 881)
Jurisdiction of COMELEC over the Board of
Canvassers

COMELEC
has
direct
control
and
supervision over the board of canvassers. Any
member of the Board may, at any time, be relieved for
cause and substituted motu propio by the COMELEC.
(Sec. 227, B.P. 881)
COMELEC has the power to investigate and
act on the propriety or legality of the canvass of
election returns made by the board of canvassers.
Nature of the Board of Canvassers Duties
A canvassing board's task is to compile and
add the results as they appear in the election returns
transmitted to it. (Guiao v. COMELEC, 137 SCRA
366)
The COMELEC shall have direct control and
supervision over the board of canvassers.

When there is an error in the computation

which is discovered after proclamation, the board of
canvassers can simply correct the error; the remedy
being purely administrative.
When Quasi-Judicial
The board of canvassers must be satisfied
that the election returns submitted to it are genuine
and authentic. Thus, the board of canvassers will not
be compelled to canvass the returns when they are
found to be:

obviously manufactured;
contrary to probabilities;
clearly falsified; or
not legible
Canvass by the Board

(Sec. 231, B.P. 881)

The Board of Canvassers must meet not
later than 6:00 p.m. on election day to receive the
election returns and canvass those received. The
Board of Canvassers must meet continuously from
day to day until the canvass is completed. The Board
of Canvassers may adjourn ONLY for the purpose of
awaiting other election returns. When it adjourns, it
shall make a total of all votes canvassed so far for
each candidate for each office furnishing the
COMELEC in Manila a certified copy and to make
available copies to the media and other interested
parties. The Board of Canvassers must resume
canvassing once more returns are received.
The canvass proceedings must be open and
in public.
A majority vote of all the members of the
Board of Canvassers is needed in order to render a
decision.
Period to Complete Canvass
Subject to reasonable exceptions, the Board
of Canvassers is required to complete their canvass
within the following periods:

During the canvass, the Board of Canvassers

prepares the Statement of Voters, which is tabulation
per precinct of the votes obtain by the candidates as
reflected in the election returns. It is this Statement of
Votes which
the basis
of the
certificate district:
of
Citiesforces
not comprising
at least
1 legislative
36 hours
canvass and of the proclamation.
Cities comprising at least 1 legislative district: 48 hours
When Ministerial
If there are no irregularities in the election
returns, the duty of the Board in canvassing the votes
on the election returns submitted to it consists in the
simple matter of arithmetic. Once the COMELEC or
the board of canvassers is satisfied in the authenticity
of the returns, it has no power to look beyond the

Any violation of this requirement is an

election offense. (Sec. 231, B.P. 881)
Canvassing Committees (Sec. 22, R.A. 6646)

The Board of Canvassers may constitute

such number of canvassing committees as may be
necessary for the board to complete the canvass
within the period prescribed.
Each committee shall be composed of 3
members, each member to be designated by the
chairman and members of the board.
Before the
election, all candidates shall be notified in writing of
the number of committees to be constituted so that
they can designate their watchers in each committee.
The committees shall be under the direct
supervision and control of the board.
Principles governing canvass proceedings
There must be a strong prima facie case
backed up by a specific offer of evidence, and an
indication of its nature and importance has to be
made out to warrant the reception of evidence
aliunde, for the presentation of witnesses and the
delays necessarily entailed thereby.

The Supreme Court can review the decisions

of COMELEC ONLY in cases of grave abuse of
discretion in the discharge of QUASI-JUDICIAL
POWERS and not in the exercise of its administrative
duties.
Conclusiveness of findings
The findings of the board of canvassers and
the certificate of election issued by them are not
conclusive but are merely PRIMA FACIE evidence of
the result and title to the office of those declared
elected.
As to all other collateral matters, the findings
of the board are conclusive. However, such findings
are not conclusive in a direct proceeding to try title to
the office.
The fact of having a plurality of votes lawfully
cast is what confers title to the office UNLESS one is
allowed to go behind the certificate or returns to
establish title to the office before the appropriate
tribunal.

When COMELEC has determined after

investigation and examination of the voting and
registration records that ACTUAL VOTING and
ELECTION took place in the questioned precincts,
election returns cannot be disregarded but are
accorded prima facie status as bona fide reports of
the result of voting for canvassing and proclamation
purposes.
COMELEC
should
guard
against
PROCLAMATION GRABBING and against attempts
to paralyze the canvassing and proclamation.
To allow a respondent to raise belated
questions before the COMELEC as to the returns
during the review of a case before the COMELEC,
which question has not been raised before the board
of canvassers, would mean undue delays in the preproclamation proceedings.

Duties of the Provincial, City, District and Municipal Board of Canvassers (Sec. 28, R.A. 71
BOC

CANVASS

PREPARE CERTIFICATE OF
CANVASS

PROCLAIM

President
Vice-President
Senators
Congressmen
Elective Provincial Officials
Elective Municipal Officials

President
Vice-President
Senators
Congressmen
Elective Provincial Officials

Elected Municipal Officia

City cities which dont

comprise at least legislative
district

President
Vice-President
Senators
Congressmen
Elective Provincial Officials
Elective City Officials

Elected City Officials

City cities comprising 1 or

President

President

Municipal

President
Vice-President
Senators
Congressmen
Elective Provincial Officials

Congress-men

Vice-President
Senators
Congressmen
Elective City Officials

Vice-President
Senators

District BOC for each

municipality in Metro Manila
comprising a legislative district

President
Vice-President
Senators
Congressmen
Elective Municipal Officials

President
Vice-President
Senators

Congress-men
Elected Municipal Offici

Municipal BOC for each

component municipality in a
legislative district in Metro
Manila

President
Vice-President
Senators
Congressmen
Elective Municipal Officials

President
Vice-President
Senators
Congressmen

Elected Municipal Officia

District BOC in each

legislative district comprising 2
municipalities in Metro Manila

President
Vice-President
Senators
Congressmen

President
Vice-President
Senators

Elected Congressmen in
Legislative District

Provincial

President
Vice-President
Senators
Congressmen
Elective Provincial Officials
Plebiscite Results

President
Vice-President
Senators

Elected congressmen
Elected Provincial Officia
Plebiscite Results

more legislative districts

Preparation of the Certificate of Canvass and

Statement of Votes
Certificate of canvass
The respective board of canvassers shall
prepare a certificate of canvass duly signed and
affixed with the imprint of the thumb of the right hand
of each member, supported by a statement of the
votes received by each candidate in each polling
place and, on the basis thereof, shall proclaim as
returns; its preparation is an administrative function of
the board, purely a mechanical act over which
COMELEC has direct control and supervision.
The Statement of Votes supports the
certificate of canvass and is the basis of proclamation.
Consequently, any error in the Statement of Votes
would affect the proclamation made on the basis
thereof.

elected the candidates who obtained the highest

number of votes cast in the province, city, municipality
or barangay. (Sec. 231, B.P. 881)
Failure to comply with this requirement shall
constitute an election offense.
Statement of votes
The statement of votes is a tabulation per
precinct of votes garnered by candidates as reflected
in the election
City or Municipal Board of Canvassers:
The City or Municipal Board of Canvassers
shall prepare the certificates of canvass for President,
Vice-President, Senators, Members of the House of
Representatives, and Elective Provincial Officials in 7
copies to be distributed as follows:
1st copy:

Provincial board of canvassers for

canvassing of election results for
President,
Vice-President,
Senators, Members of the House of
Representatives
and
Elective
Provincial Officials

2nd copy:

COMELEC

Failure to object to the Statement of Votes

before the Board of Canvassers does not constitute a
bar to raising the issue for the first time before the
COMELEC, as the law is silent as to when such
objection may be raised.
Number of Copies of the Certificates of Canvass
and Their Distribution (Sec. 29, R.A. 7166)

Elected City Officials

3rd copy:

To be kept by the chairman of the

board of canvassers

and their corresponding votes in words and

in figures; and

4th copy:

Citizens' arm designated by the

COMELEC to conduct media-based
unofficial count

(3) There exists no discrepancy in other

authentic copies of the certificate or in the
votes both in words and figures in the same
certificate.

5th to 7th copies:

Representatives of any 3 of 6 major

political parties according to the
voluntary agreement of the parties;
if
there
is
no
agreement,
COMELEC shall decide based on
the criteria under sec. 26 of RA
7166

City Boards of Canvassers of cities comprising

one or more legislative districts, Provincial
Boards of Canvassers, and District Boards of
Canvassers in the Metro Manila area:
The foregoing Boards of Canvassers shall
prepare the certificates of canvass for President,
Vice-President and Senators in 7 copies to be
distributed as follows:
1st copy:

2nd copy:

Congress, directed to the Senate

President for use in the canvass of
election results for President and
Vice-President
COMELEC, for use in the canvass
of the election results for Senators

3rd copy:

To be kept by the chairman of the

board of canvassers

4th copy:

Citizens' arm designated by the

COMELEC to conduct media-based
unofficial count

5th to 7th copies:

Representatives of any 3 of 6 major

political parties according to the
voluntary agreement of the parties;
if
there
is
no
agreement,
COMELEC shall decide based on
the criteria under sec. 26 of RA
7166

Congress as the National Board of Canvassers

(Sec. 30, R.A. 7166)
Congress shall determine the authenticity
and due execution of the certificate of canvass for
President and Vice President as accomplished and
transmitted by the local board of canvassers, on a
showing that:
(1) Each certificate was executed, signed and
thumb marked by the chairman and
members of the board of canvassers and
transmitted to Congress by them;
(2) Each certificate contains the names of all the
candidates for President, Vice-President,

Completion of the Certificate of Canvass

If the certificate of canvass appears to be
incomplete, the Senate President shall require the
board of canvassers concerned to TRANSMIT (by
personal delivery within 2 days from notice) the
election returns from the polling places that were not
included in the certificate of canvass and supporting
statements.
When there appear erasures or alterations in
the certificate of canvass which may cast doubt as to
the veracity of the number of votes stated therein and
may affect the result of the election, Congress shall,
for the sole purpose of verifying the actual number of
votes, COUNT the votes as they appear in the copies
of the election returns submitted to it, upon request of
a presidential or vice-presidential candidate or their
party. (Sec. 30, R.A. 7166)
Canvass of Votes for the President and VicePresident (Sec. 24, R.A. 8436)
The certificates of canvass for President and
Vice-President shall be duly certified by the board of
canvassers of each province or city.
The certificates of canvass for President and
Vice-President shall be transmitted to Congress,
directed to the Senate President. Upon receipt of the
certificates of canvass, the Senate President shall not
later than 30 days after the day of the election OPEN
all the certificates in the presence of the Senate and
the House of Representatives in joint public session.
Congress upon the determination of the
authenticity and due execution thereof, shall canvass
the votes.
The person having the highest number of
votes shall be proclaimed elected. In case 2 or more
persons shall have an equal and highest number of
votes, one of them shall be chosen by vote of
MAJORITY of all the members of BOTH the Senate
and the House of Representatives, voting separately.
(To be discussed in the last part of this reviewer.)
Makalintal vs. Comelec
The Overseas Absentee Voting Act of 2003
insofar as it grants sweeping authority to the Comelec
to proclaim all winning candidates, is unconstitutional
as it is repugnant to sec 4 art VII of the Constitution,
which vests in Congress the authority to proclaim the
winning Presidential and Vice Presidential candidates.
Ruy Elias Lopez vs. Senate of the Philippines

Congress may validly delegate the

preliminary determination of the authenticity and due
execution of the certificates of canvass to a Joint
Congressional Committee constituted under the Rules
adopted by the Joint Session of Congress.
Pimentel Jr. vs. Joint Committee of Congress to
Canvass the Votes Cast for President and Vice
President
Even after Congress had adjourned its
regular session, it may continue to perform the
constitutional duty of canvassing the presidential and
vice-presidential election results without need of any
call for a special session by the President.
PROCLAMATION
Duties of Board of Canvassers
After the canvass of election returns, in the
absence of a perfected appeal to the COMELEC, the
Board of Canvassers shall proclaim the candidates
who obtained the highest number of votes cast in the
province, city, municipality or barangay, on the basis
of the certificates of canvass. Failure to comply with
this duty constitutes an election offense. (Sec. 231,
B.P. 881)
The Board of Canvassers shall not proclaim
any candidate as winner unless authorized by the
COMELEC after the latter has ruled on any objections
brought to it on appeal by a losing party. Any
proclamation made in violation hereof shall be void ab
initio, unless the contested returns will not adversely
affect the results of the election.
Once the Board of Canvassers has
completed its duty, the board cannot meet again and
re-canvass the votes or reverse their prior decision
and announce different results.
When proclamation void
A proclamation is void when it is based on
incomplete returns (Castromayor v. COMELEC, 250
SCRA 298) or when there is yet no complete canvass
(Jamil v. COMELEC, G.R. No. 123648, Dec. 15,
1997).
A void proclamation is no proclamation at all,
and the proclaimed candidates assumption into office
cannot deprive the COMELEC of its power to annul
the proclamation.
Utto vs. Comelec (Gr 150111 Jan 31, 2002)
An incomplete canvass of votes is illegal and
cannot be made the basis of a proclamation. A
canvass cannot be reflective of the true vote of the
electorate unless all returns are considered and none
is omitted.
The fact that a candidate illegally proclaimed

has assumed office is not a bar to the exercise by the

Comelec of the authority to annul any canvass and
proclamation illegally made.
Where a proclamation is null and void, the
proclaimed candidates assumption of office cannot
deprive the Comelec of the power to declare such a
proclamation a nullity.
Partial proclamation (Sec. 21, R.A. 7166)
Notwithstanding the pendency of any preproclamation controversy, the COMELEC may
summarily order the proclamation of other winning
candidates whose election will not be affected by the
outcome of the controversy.
Election Resulting in a Tie (Sec. 240, B.P. 881)
A tie occurs when:
(a) 2 or more candidates receive an equal
and highest number of votes; or
(b) 2 or more candidates are to be elected for
the same position and 2 or more candidates
received the same number of votes for the
LAST PLACE in the number to be elected.
The board of canvassers, by resolution,
upon 5 days notice to all tied candidates, shall hold a
special PUBLIC MEETING at which the board shall
proceed to the DRAWING OF LOTS of the candidates
who have tied and shall proclaim as elected the
candidates who may be favored by luck.
The candidates so proclaimed shall have the
right to assume office in the same manner as if he
had been elected by plurality of vote.
The board of canvassers shall forthwith
make a certificate stating the name of the candidate
who had been favored by luck and his proclamation
on the basis thereof.
Nothing in the above shall be construed as
depriving a candidate of his right to contest the
election.
Proclamation of a Lone Candidate (R.A. 8295)
Upon the expiration of the deadline for the
filing of certificates of candidacy in a special election
called to fill a vacancy in an elective position other
than for President and Vice-President, when there is
only one (1) qualified candidate for such position, the
lone candidate shall be proclaimed elected to the
position by proper proclaiming body of the COMELEC
without holding the special election upon certification
by the COMELEC that he is the only candidate for the
office and is therefore deemed elected. (Sec. 2)
In the absence of any lawful ground to deny
due course or cancel the certificate of candidacy in
order to prevent such proclamation, as provided for
under Sec. 69 and 78 of the Omnibus Election Code,

the lone candidate shall assume office not earlier than

the scheduled election day. (Sec. 3)
The COMELEC shall decide petitions for
disqualification not later than election day. Otherwise,
such petitions shall be deemed dismissed. (Sec. 3)
MODES OF CHALLENGING CANDIDACY &
ELECTION RESULTS

(5) The COMELEC shall then render its decision

within 5 days from receipt of the findings of the
hearing officer.
This decision shall be
disseminated by the COMELEC to the city or
municipal election registrars, boards of election
inspectors, and the general public in the
political subdivision concerned within 24 hours
through the fastest available means.

NUISANCE CANDIDATES &

CANCELLATION OF CERTIFICATE OF
CANDIDACY
Declaration of Nuisance Candidacy
(Sec. 5, R.A. 6646)

(6) After 5 days from receipt of the parties, the

decision becomes final and executory unless
stayed by the Supreme Court.

Grounds for declaration of nuisance candidacy

See discussion under Certificate of Candidacy.

Cancellation of Certificate of Candidacy

Nature of proceedings
Proceedings to have a candidate declared
as a nuisance candidate are summary in nature. In
lieu of oral testimonies, the parties may be required to
submit position papers together with affidavits or
counter-affidavits and other documentary evidence.
Procedure for declaration
nuisance candidate
WHAT FILED:

(4) The COMELEC may then designate any of its

officials who are lawyers to hear the case and
receive evidence. In lieu of oral testimonies,
the parties may be required to submit position
papers together with affidavits or counteraffidavits and other documentary evidence.
The hearing officer shall immediately submit to
the COMELEC his findings, reports, and
recommendations within 5 days from the
completion of such submission of evidence.

of

candidate

as

Verified petition

WHO MAY FILE: Any registered candidate for the

same office
WHEN FILED: Within 5 days from the last day for
the filing of certificates of candidacy
WHERE FILED: With the COMELEC
PROCEDURE:
(1) The petition is filed with the COMELEC
personally
or
through
duly-authorized
representative within 5 days from the last day
for the filing of certificates of candidacy. Filing
by mail is not allowed.
(2) Within 3 days from the filing of the petition, the
COMELEC shall issue summons to the
respondent candidate, together with a copy of
the petition and its enclosures, if any.
(3) The respondent shall then have 3 days from
receipt of the summons to file his verified
answer (not a motion to dismiss) to the
petition, serving copy thereof upon the
petitioner. Grounds for a motion to dismiss
may be raised as an affirmative defense.

Grounds for
candidacy

cancellation

of

certificate

of

A certificate of candidacy may be cancelled

or denied due course on either of the following
grounds:
(1) False material representation
certificate of candidacy;

in

the

(2) If the certificate filed is a substitute

Certificate of Candidacy, when it is not a
proper case of substitution under Sec. 77
of BP 881 (Sec. 2, Rule 24, COMELEC
Rules of Procedure)
Nature of proceedings
Proceedings for cancellation or denial of due
course of a certificate of candidacy are summary in
nature.
Procedure
WHO MAY FILE: Any citizen of voting age, or
A duly registered political party,
organization, or coalition of political
parties
WHEN FILED:

Within 5 days from the last day for

the filing of certificates of candidacy

WHERE FILED: With the Law Department of the

COMELEC
PRE-PROCLAMATION CONTROVERSIES

Meaning of Pre-Proclamation Controversy

A pre-proclamation controversy refers to any
question or matter pertaining to or affecting the
proceedings of the board of canvassers, or any matter
raised under Sec. 233-236 of BP 881 in relation to the
preparation, transmission, receipt, custody and
appreciation of the election returns. (Sec. 241, BP
881)
The institution of the pre-proclamation controversy
was intended to prevent the nefarious practice known
as grab-the-proclamation, prolong-the-protest.

(Sison v. COMELEC, G.R. No. 134096. March 3,

1999)
Parties adversely affected by a ruling of the board
of canvassers on questions affecting the composition
or proceedings of the board may appeal the matter to
the Commission with 3 days from a ruling thereon.
The Commission shall summarily decide the case
within 5 days from the filling thereof ( Sec 19 RA
7166)
Dimaporo v. COMELEC

Olfato vs. Comelec ( 103 SCRA 741)

The policy behind limiting the issues of the

pre-proclamation controversy is to determine as
quickly as possible the results of the elections on the
basis of the canvass. It may well be true that the
public policy may occasionally permit the occurrence
of grab the proclamation and prolong the protest
situations; that public policy however, balances the
possibility of such situations against the shortening of
the period during which no winners are proclaimed, a
period commonly fraught with tension and danger for
the public. For those who disagree with the policy,
the recourse is with the legislature.

While the Comelec has merely appellate

jurisdiction over election contests involving municipal
offices, it cannot be deprived of its exclusive
jurisdiction over pre-proclamation contests.

The mandatory requirement to comply with

the procedure for a pre-proclamation controversy is in
view of the policy to have a quick determination of the
election results.

It is immaterial if some of the grounds

adduced are grounds for an election contest rather
than for a pre-proclamation controversy.

Manifest errors

Jurisdiction
The COMELEC has exclusive jurisdiction
over pre-proclamation cases. It may order, motu
propio or upon written petition, the partial or total
suspension of the proclamation of any candidate-elect
or annul partially or totally any proclamation, if one
has been made. (Sec. 242, BP 881)

When not allowed

Pre-proclamation controversies on matters
relating to the preparation, transmission, receipt,
custody and appreciation of the election returns or the
certificates of canvass, are not allowed for the
following positions:

President
Vice President
Senator
Member of the House of Representatives
(Sec. 15, R.A. 7166)

The Comelec may entertain petitions for the

correction of manifest errors in the Certificate of
Canvass or in the election returns.
To be manifest, the errors must appear on the
face of the Certificates of Canvass or election returns
sought to be corrected, and objections thereto must
have been made before the Board of Canvassers and
specifically noted in the minutes of their respective
proceedings (Chavez vs. Comelec 211 SCRA 315)
A manifest error is one that is visible to the eye
or obvious to the understanding; that which is open,
palpable, incontrovertible, needing no evidence to
make it more clear. ( OHara vs. Comelec GR no.
148941-42 Mar 12, 2002)

However, this does not preclude the authority of

the appropriate canvassing body motu propio or upon
written complaint of an interested person to correct
manifest errors in the certificate of canvass or election
returns before it.

Bince vs. Comelec

Nature of proceedings

Torres vs. Comelec

All pre-proclamation controversies shall be

heard summarily by the COMELEC after due notice
and hearing. This is because canvass and
proclamation should be delayed as little as possible.
Questions which require more deliberate and
necessarily longer consideration are left for
examination in the corresponding election protest.

A petition for correction of errors in the

Certificate of Canvass may be filed at any time before
proclamation.

Although the provision applies to a preproclamation controversy, there is nothing to prevent

its application to cases in which the validity of the
proclamation is in question.
Since the Statement of Votes is the basis of
the Certificate of Canvass and of the proclamation,

any error in the Statement affects the validity of the

proclamation.
Ramirez vs. Comelec
Corrections should be made by inserting the
corrections in the Statement of Votes or by preparing
a new Statement of Votes incorporating the
corrections.

the precinct, after determining that the ballot box has

not been tampered with. The failure of the Comelec to
do so, after excluding the return, will result in the
disenfranchisement of the voters in the particular
precinct.
Neither can the Certificate of Votes be used for the
canvass because it was signed only by the Chairman.
(3) The election returns were:

Pre-proclamation cases

Restricted to an
examination of the lection
returns on their face.
Without jurisdiction to
go beyond or behind
elections returns and
investigate election
irregularities

Cases of Actions for

Annulment of Election
Results
or
Declaration
of
Failure of Elections
Comelec may conduct
technical examination of
election documents and
compare and analyze
voters signatures and
fingerprints in order to
determine whether or not
the elections had indeed
been free, honest and
clean

Lee vs. Comelec

Where there is a prima facie showing that
the return is not genuine, the principle that in preproclamation cases, the Comelec is without
jurisdiction to go beyond or behind the election
returns and investigate irregularities, does not apply.
Issues that may be Raised
(1) Illegal composition or proceedings of the
board of election canvassers
Laodeno vs. Comelec ( 276 SCRA 705)
By participating in the proceedings, the
petitioner is deemed to have acquiesced in the
composition of the Board of Canvassers.
(2) Canvassed election returns are either:

incomplete
contain material defects
appear to be tampered with or falsified
contain discrepancies in the same returns or
in other authentic copies

Patoray vs. Comelec (249 SCRA 440)

It is an error for the Comelec to exclude from
the canvass election returns where the defect in the
return refers only to some incomplete data.
Where the Certificate of Votes shows
tampering, alteration and falsification, or any other
anomaly in the preparation of the election return, the
Comelec should order a recount of the votes cast in

prepared under duress, threats, coercion,

intimidation or
obviously manufactured or not authentic

Lagumbay v. Comelec (16 SCRA 175),

The
Supreme
Court
empowered
the
Commission on Elections to nullify certain contested
returns
on
the
ground
of
"statistical
improbabilities", when WE sustained the authority of
the Commission to examine voting records, the
number of ballots and the number of votes reportedly
cast and tallied for each and every candidate, when
the returns are obviously false or fabricated. In said
case, WE, adopted "a practical approach to the
Commissions mission to insure a free and honest
elections" by denying prima facie recognition to the
election returns on the ground that they were
manifestly manufactured or falsified.
(4)

Substituted or fraudulent returns in

controverted polling places were canvassed,
the results of which materially affected the
standing of the aggrieved candidate(s).

(5) Manifest errors in the Certificates of Canvass

or Election Returns (Sec. 15, R.A. 7166;
Chavez v. COMELEC, 211 SCRA 315)
It must be noted that this enumeration is
restrictive and exclusive. The complete election
returns whose authenticity is not questioned must be
prima facie considered valid for purposes of canvass
and proclamation. To allow a re-count or a reappreciation of the votes in every instance would
paralyze canvass and proclamation.
Issues that cannot be raised
Jurisprudence has held that the following
issues are not proper in a pre-proclamation
controversy:
Appreciation of ballots, as this is performed
by the Board of Election Inspectors at the
precinct level and is not part of the
proceedings of the Board of Canvassers
(Sanchez v. COMELEC, 153 SCRA 67,
reiterated in Chavez v. COMELEC, 211
SCRA 315);
Technical examination of the signatures and
thumb marks of voters (Balindong v.
COMELEC, 260 SCRA 494; Matalam v.

COMELEC, 271 SCRA 733);

Prayer for re-opening of ballot boxes (Alfonso
v. COMELEC, G.R. No. 107847, June 2,
1994);
Padding of the Registry List of Voters of a
municipality, massive fraud and terrorism
(Ututalum v. COMELEC, 181 SCRA 335);
Challenges directed against the Board of
Election
Inspectors
(Ututalum
v.
COMELEC, supra)
Fraud, terrorism and other illegal electoral
practices. These are properly within the
office of election contests over which
electoral tribunals have sole, exclusive
jurisdiction. (Loong v. COMELEC)

Procedure
The procedure for filing a pre-proclamation
controversy depends on the issue being raised:
(a) Questions involving the composition or
proceedings of the board of canvassers, or
correction of manifest errors
WHERE:

The controversy may be initiated

either in the Board of Canvassers or
directly with the COMELEC. (Sec.
17, R.A. 7166)

WHEN:

It depends:
(a)

(b)

If petition involves the illegal

composition or proceedings of the
board, it must be filed immediately
when the board begins to act as such
(Laodeno v. COMELEC, 276 SCRA
705), or at the time of the appointment
of the member whose capacity to sit
as such is objected to if it comes after
the canvassing of the board, or
immediately at the point where the
proceedings are or begin to be illegal.
Otherwise, by participating in the
proceedings, the petitioner is deemed
to have acquiesced in the composition
of the Board of Canvassers.

(1) Petitioner submits his / her objection to

the chairman of the board of canvassers.
(2) The Board makes its ruling.
(3) Within 3 days from the ruling, the parties
adversely affected may appeal the
matter to the COMELEC.
(4) Upon appeal, the COMELEC shall
summarily decide the case within 5 days
from the filing thereof. (Sec. 19, R.A.
7166)
If initiated directly with the COMELEC:
(1) Petitioner files
COMELEC.

If filed with the Board first:

with

the

(2) Upon the docketing of such petition, the

Clerk of Court concerned shall issue
summons with a copy of the petition to
respondents.
(3) The Clerk of Court concerned shall
immediately set the petition for hearing.
The COMELEC shall hear and decide
the petition en banc.
The Board of Canvassers shall not commence,
proceed or resume canvass unless otherwise ordered
by the COMELEC. (Sec. 5, Rule 27, COMELEC
Rules of Procedure)
(b) Matters
relating
to
the
preparation,
transmission,
receipt,
custody
and
appreciation of the election returns and
certificates of canvass
WHERE: Only
with
Canvassers

the

Board

of

WHEN:

At the time the questioned return

is presented for inclusion in the
canvass.

WHO:

Any candidate, political party or

coalition of political parties

PROCEDURE:
(1)

The contesting party makes an oral

objection to the chairman of the Board of
Canvassers at the time the questioned
return is presented for inclusion in the
canvass. Such objection is recorded in
the minutes of canvass. Simultaneous
with the oral objection, the objecting
party enters his objection in the form for
written objections prescribed by the
COMELEC.

(2)

Upon receipt of such objection, the

Board automatically defers the canvass
of the contested returns and proceeds to
canvass the returns which are not

If the petition is for correction, it must

be filed not later than 5 days following
the date of proclamation, and must
implead all candidates who may be
adversely affected thereby.
(Sec.
5(b), Rule 27, COMELEC Rules of
Procedure)

PROCEDURE:

petition

contested by any party.

(3)

executory after the lapse of 7 days from

receipt thereof by the losing party.

Within 24 hours from and after the

presentation of such objection, the
objecting party submits the evidence in
support of the objection, which shall be
attached to the form for written
objections.
Within the same 24-hour period, any
party may file a written and verified
opposition to the objection in the
prescribed COMELEC form, attaching
supporting evidence, if any. The Board
shall not entertain any objection or
opposition unless reduced to writing in
the prescribed forms.

(4)

The Board chairman immediately and

formally admits the evidence attached to
the objection or opposition by affixing his
signature at the back of each and every
page thereof.

(5)

Upon receipt of the evidence, the Board

considers the objection and the
opposition, and summarily rules on the
objection. The Board then enters its
ruling on the prescribed form and
authenticates the same by entering the
signatures of all its members.

(6)

The parties adversely affected by the

ruling immediately inform the Board if
they intend to appeal the ruling. Such
information is then entered in the
minutes of canvass.

(7)

The Board then sets aside the returns

and proceeds to consider the other
returns. The Board then suspends the
canvass after all the uncontested returns
have been canvassed and the contested
return ruled upon by it.

(8)

Within 48 hours from the ruling, the party

adversely affected files a written and
verified notice of appeal with the Board.
The party then files an appeal with the
COMELEC within a non-extendible
period of 5 days thereafter.

(9)

Immediately upon receipt of the notice of

appeal, the Board makes an appropriate
report to the COMELEC, elevating
therewith the complete records and
evidence submitted in the canvass, and
furnishing the parties with copies of the
report.

(10)

The COMELEC summarily decides the

appeal within 7 days from receipt of the
record and evidence elevated to it by the
Board.

(11)

The

COMELEC's

decision

becomes

(12)

The COMELEC then authorizes the

Board of Canvassers to proceed with the
proclamation of the winner.
Any
proclamation made without COMELEC
authorization is void ab initio, unless the
contested returns do not adversely affect
the results of the election. (Sec. 20,
R.A. 7166)

This procedure is mandatory. Non-compliance

with any of the steps above is fatal to the preproclamation petition.
Effect of filing of pre-proclamation controversy
The period to file an election contest shall be
SUSPENDED during the pendency of the preproclamation contest in the COMELEC or the
Supreme Court. (Alangdeo v. COMELEC, June
1989)
The right of the prevailing party in the preproclamation contest to the execution of COMELECs
decision does not bar the losing party from filing an
election contest.
Despite the pendency of a pre-proclamation
contest, the COMELEC may order the proclamation of
other winning candidates whose election will not be
affected by the outcome of the controversy.
Effect of proclamation of winning candidate
A pre-proclamation controversy shall no
longer be viable after the proclamation and
assumption into office by the candidate whose
election is contested. The remedy is an election
protest before the proper forum.
(Mayor v.
COMELEC, January 1989)
The prevailing candidate may still be
unseated even though he has been proclaimed and
installed in office if:
1.

The opponent is adjudged the true

winner of the election by final judgment
of court in an election contest;

2.

The prevailing party is declared ineligible

or disqualified by final judgment of a
court in a QUO WARRANTO case; or

3.

The incumbent is removed from office for

cause.

Abella v. Larrazabal
Pre-proclamation controversies are summary
in nature. The policy behind election law is that preproclamation controversies should be summarily
decided, consistent with the laws desire that the
canvass and proclamation be delayed as little as

possible. Thus, questions as to the appreciation of

ballots and the conduct of the campaign and balloting,
which require more deliberate and necessarily longer
consideration are proper for an election contest.
The dismissal of a pre-proclamation
controversy does not mean that the disqualification
case is moot and academic.
The two are
independent of each other. The purpose of the preproclamation controversy is to ascertain the winners
in the elections on the basis of election returns duly
authenticated by the board of inspectors and admitted
by the board of canvassers. The purpose of the
disqualification proceeding is to prevent the candidate
from running, or if elected, from serving, or to
prosecute him for violation of election laws. The mere
fact that a candidate has been proclaimed does not
signify that his disqualification is deemed condoned
and may no longer be the subject of a separate
investigation.
Agbayani v. COMELEC
The proclamation of a winning candidate
makes a pre-proclamation controversy no longer
viable. The remedy is an election protest, but this is
only true where there is a valid proclamation or where
the proclamation is based on a complete canvass.
Where it is claimed that there was an incomplete
canvass or that certain returns should have been
omitted because they were manufactured and other
returns cannot be included because they have been
irretrievably lost, the pre-proclamation controversy
should still be continued despite the proclamation of
the supposed winner. COMELEC may in such a preproclamation
controversy
determine
if
the
proclamation should be annulled.
The proclamation of the winner does not
prevent COMELEC from continuing with the preproclamation controversy against the winner and after
annulling its proclamation.
PETITION
TO
PROCLAMATION

ANNUL

OR

SUSPEND

The filing with the COMELEC of a petition to

annul or to suspend proclamation suspends the
running of the period to file an election protest.
(Alangdeo v. COMELEC, June 1989)
No law provides for a reglementary period
within which to file a petition for the annulment of an
election if there is as yet no proclamation. (Loong v.
COMELEC, 257 SCRA 1)
There is no fixed time frame within which to file
a petition to annul a proclamation, the same being
limited only by the standard of reasonableness.
DECLARATION OF FAILURE OF ELECTION
Nature of petition to declare a failure of election

A petition to declare a failure of election is

neither an election protest nor a pre-proclamation
controversy. (Borja v. COMELEC, 260 SCRA 604)
Grounds for declaration
See discussion under Election Proper.
Jurisdiction of COMELEC
The COMELEC, sitting en banc, may declare
a failure of election by a majority vote of its members.
(Sec. 4, R.A. 71660
The COMELEC, in the case of actions for
annulment of election results or declaration of failure
of elections, may conduct technical examination of
election documents and compare and analyze voters'
signatures and fingerprints in order to determine
whether or not the elections had indeed been free,
honest and clean. (Loong v. COMELEC, supra)
Requisites for the declaration of failure of election
Before the COMELEC can act on a verified
petition seeking a declaration of failure of election, the
following conditions must concur:
(1) No voting has taken place in the precincts
concerned on the date fixed by law, or
even if there was voting, the election
nonetheless resulted in a failure to elect;
and
(2) The votes cast would affect the results of
the election. (Mitmug v. COMELEC, 230
SCRA 54; Loong v. COMELEC, supra;
Hassan v. COMELEC, 264 SCRA 125)
The election is only to be set aside when it is
impossible from any evidence within reach to
ascertain the true result when neither from the
returns nor from other proof can the truth be
determined (i.e. where the illegality affects more than
50% of the total number of votes cast and the
remainder does not constitute a valid constituency).
Procedure
(1) Petitioner files verified petition with the Law
Department of the COMELEC.
(2) Unless a shorter period is deemed necessary
by circumstances, within 24 hours, the Clerk
of Court concerned serves notices to all
interested parties, indicating therein the date
of hearing, through the fastest means
available.
(3) Unless a shorter period is deemed necessary
by the circumstances, within 2 days from
receipt of the notice of hearing, any
interested party may file an opposition with
the Law Department of the COMELEC.

(4) The COMELEC proceeds to hear the petition.

The COMELEC may delegate the hearing of
the case and the reception of evidence to any
of its officials who are members of the
Philippine Bar.
(5) The COMELEC then decides whether to
grant or deny the petition. This lies within
the exclusive prerogative of the COMELEC.

Sanchez vs Comelec (153 SCRA 67)

Supreme Court said Sanchez petition for
recount and/or re-appreciation of ballots may NOT be
considered a pre-proclamation controversy for the ff.
reasons:
a)

DISQUALIFICATION CASES
Grounds for disqualification
See discussion under Certificates of Candidacy.
Priority of disqualification cases
The COMELEC and the courts shall give
priority to cases of disqualification for violation of the
Omnibus Election Code, to the end that a final
decision shall be rendered not later than 7 days
before the election in which the disqualification is
sought. (Sec. 72, BP 881)

b)
c)

Procedure
WHO MAY FILE: Any citizen of voting age, or
Any duly registered political party,
organization or coalition of
political parties

d)

WHERE: Law Department of the COMELEC

WHEN: Any day after the last day for filing of
certificates of candidacy, but not
later than the date of proclamation
Effect of disqualification case
Any candidate who has been declared by
final judgment to be disqualified shall not be voted for,
and the votes cast for him shall not be counted.
If for any reason a candidate is not
disqualified before an election and he is subsequently
voted for and receives the winning number of votes in
such election, the COMELEC or the courts shall
continue with the trial and hearing of the action,
inquiry, or protest and may order the suspension of
the proclamation of such candidate during the
pendency of the case upon motion of the complainant
or any intervenor, provided that evidence of his guilt is
strong. (Sec. 6, R.A. 6646)
The fact that the candidate who obtained the
highest number of votes is later declared to be
disqualified or not 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
office.

e)

An election return is incomplete if there is

an omission in the election return of the
name of any candidate and/or his
corresponding votes, or in case the number
of votes for a candidate had been omitted.
Here, the name of Sanchez as well as the
number of votes counted and appreciated in
his favor by the BEI. Errors in appreciation of
ballots by the BEI are proper subject for an
election protest and not for a preproclamation contest.
Appreciation of votes is not part of the
proceedings of the Board of Canvassers, it is
performed by the BEI at the precinct level.
Enumeration of issues which may be raised
in a pre-proclamation controversy under sec.
243 BP 881 is restrictive and exclusive. The
complete election returns whose authenticity
is not in question must be prima facie
considered valid for the purpose of canvass
and proclamation.
To expand the issues
beyond those
enumerated in sec. 243 and allow recount or
re-appreciation
where
a
claim
of
misdeclaration of stray votes is made would
open the floodgates to such claims and
paralyze
canvass
and
proclamation
proceedings, given the propensity for the
loser to demand a recount. The policy of the
law is that a pre-proclamation controversy
should be summarily decided.
The ground for recount relied upon is clearly
not among the issues that may be raised in a
pre-proclamation controversy. His allegation
of invalidation of Sanchez votes intended
for him bears no relation to the correctness
and authenticity of the election returns
canvassed.

Patoray vs Comelec (279 SCRA 470)

Objections to the inclusion of election returns
are directed primarily at the ballots reflected in the
returns, this involves appreciation of ballots and
cannot be raised in an election protest.
Balindong vs Comelec (260 SCRA 494)
Technical examination of signatures and
thumb marks of voters runs counter to the nature and
scope of a pre-proclamation contest; the remedy is to
raise these issues in an election protest.
Alfonso vs Comelec (June 2, 1994)
The prayer for re-opening of ballot boxes is
not a proper issue in a pre-proclamation controversy
but should be threshed out in an election contest

Villaroya vs Comelec (155 SCRA 633)

In a pre-proclamation contest, the Comelec
may order the correction of a clerical error in the
Statement of Votes (by Board of Canvassers) to
correspond to the figures reflected in the election
returnseven if the candidate/ representative failed
to file the timely protest during canvassing, as the
error in the Statement of Votes was not apparent on
its face.

Comelec has the power to inquire whether

members of the Board of Canvassers are qualified or
not, whether or not an election had been held in a
precinct, in order to determine the integrity of the
election returns
Alangdeo vs Comelec (June 1989)
The filing with the Comelec of a petition to
annul or suspend the proclamation shall suspend the
period to file an election protest.

Duremdes vs Comelec (178 SCRA 746)

Mayor vs Comelec (Jan. 1989)
Failure to object to the Statement of Votes
before the Board of Canvassers is not a bar to raising
the issue before the Comelec for the first time; the law
is silent as to when they may be raised.

After proclamation and assumption of office,

the proper remedy is an election protest, not a preproclamation controversy.

Castromayor vs Comelec (250 SCRA 298)

ELECTION CONTESTS

Any party dissatisfied with the ruling of the

BoC shall have the right to appeal to the Comelec.
Since the Statement of Votes which was to be
corrected by the Board forms the basis of the
Certificate if Canvass and the proclamation, petitioner
begs the question by saying that this is not a preproclamation controversy and the procedure for PPC
cannot be applied to the correction of the computation
of the total number of votes obtained by the
candidates in the Statement of Votes.
Mentang vs Comelec (Feb. 4, 1994)
The SC declared it has already ruled that the
filing of a petition to annul a proclamation suspends
the running of the 10-day period within which to file an
election contest, provided that the allegations, which
when proved, will render the proclamation null and
void. Such petition may be filed directly with the
Comelec even as a pre-proclamation controversy,
provided it is done within ten days after proclamation
Bince vs Comelec (242 SCRA 273)
Comelec may annul a proclamation on account of a
mathematical error committed by the Board of
Canvassers in the computation of votes received.
Petition for correction may be filed at any time before
proclamation and there is nothing to suggest this
cannot be applied when validity of proclamation is
precisely in question.
Ututalum vs Comelec (181 S 335)
Padding of Registry of Voters of a
municipality not a listed ground for pre-proclamation
controversy
Lazatin vs Comelec (157 SCRA 337)
Issue of validity of proclamation and
irregularities connected therewith is a matter properly
addressed to the HRET.
Darantinao vs Comelec (June 1989)

Election contests, defined

These are adversarial proceedings by 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. The purpose of an election contest
is to ascertain the candidate lawfully elected to office.
Nature of election contests
An election contest is imbued with public
interest.
The election contest must be liberally
construed to favor the will of the people. An election
contest may not be defeated by mere technical
objections.
Until and unless the election protest is
decided against him, a person who has been
proclaimed as duly elected has the lawful right to
assume and perform the duties and functions of the
office.
Distinction
between
Pre-Proclamation
Controversy and Election Contest
1) The Dividing line: Proclamation of candidate
2) Jurisdiction
A. Pre-proclamation controversy
1.The jurisdiction of COMELEC is
administrative/quasi-judicial
2.It is governed by the requirements of
administrative due process
B. Election contest
1.The jurisdiction of COMELEC is judicial

2.It is governed by the requirements of

judicial process
3)

4)

In some cases, even if the case (involving

municipal officials) began with the COMELEC
before proclamation but a proclamation is made
before the controversy is resolved, it ceases to
be a pre-proclamation controversy and becomes
an election contest cognizable by the RTC.
However, in some cases, the SC has recognized
the jurisdiction of COMELEC over municipal
cases even after proclamation.

Jurisdiction over election contests

Supreme Court
The Supreme Court, sitting en banc, shall be
the sole judge of all contests relating to the election,
returns, and disqualifications of the President, VicePresident, and may promulgate its rules for such
purpose. (Art. VII, Sec. 4, 1987 Constitution)
Electoral Tribunals of the Senate and House of
Representatives
The
Senate
and
the
House
of
Representatives have their own electoral tribunals.
Each electoral tribunal has 9 members: 3 Supreme
Court Justices, 6 members of the Senate or House of
Representatives, as the case may be, who shall be
chosen on the basis of proportional representation
from the political parties and the parties or
organizations registered under the party-list system
represented therein.
(Art. VI, Sec. 17, 1987
Constitution)
For purposes of election contests cognizable
by the Electoral Tribunals, the rules of procedure of
such tribunals shall prevail over the provisions of the
Omnibus Election Code. (Lazatin v. HRET, 168
SCRA 39)
COMELEC
The COMELEC has exclusive original
jurisdiction over all election contests relating to the
elections, returns, and qualifications of all elective:
(1) Regional Officials;
(2) Provincial Officials; and
(3) City Officials
Decisions in these cases may be appealed
to the Supreme Court.
The COMELEC has appellate jurisdiction
over all contests involving elective municipal officials
decided by trial courts of general jurisdiction (i.e.,
Regional Trial Courts) or involving elective barangay
officials decided by trial courts of limited jurisdiction
(i.e., the Municipal Trial Courts).

Decisions, final orders, or rulings of the

COMELEC on election contests involving elective
municipal and barangay offices shall be final,
executory and not appealable. (Sec. 2, Art. IX-C,
1987 Constitution) Note, however, that this does not
preclude a recourse to the Supreme Court by way of
a special civil action for certiorari.
(Galido v.
COMELEC, 193 SCFA 78)
Regional and Municipal Trial Courts
The Regional Trial Courts and Municipal Trial
Courts have exclusive original jurisdiction over
municipal and barangay officials, respectively.
It must be noted that cases involving
qualifications of candidates for the Sangguniang
Kabataan filed before the election are decided by the
Election Officer, while those filed after the election are
decided by the MTCs. (Nachura, p. 389)
Powers of the COMELEC in relation to election
contests
The power of COMELEC to decide election
cases includes the power to determine the validity or
nullity of votes.
The COMELEC has the power to issue writs
of certiorari, prohibition, and mandamus. However,
this power can only be exercised in aid of its appellate
jurisdiction. (Relampagos v. Cumba, 243 SCRA 690)
Kinds of election contests
There are 2 kinds of election contests that
may be filed: an election protest, and a quo warranto
case.
Election Protest
WHO MAY FILE:
Any candidate who has filed a certificate of
candidacy and has been voted upon for the
same office, and who has not himself caused or
contributed to the irregularities or frauds of
which he complains
GROUNDS:
Fraud, terrorism, irregularities or illegal acts
committed before, during or after the casting
and counting of votes
PERIOD FOR FILING:
Within 10 days from proclamation of the results
of the election
Where, after 5 days from the proclamation of the
winning candidate, the loser files a motion for
reconsideration
in
the
pre-proclamation
controversy, there are only 5 days which remain
of the period within which to file an election

protest.
150)

(Roquero v. COMELEC, 289 SCRA

PROCEDURE:
A.

For
protests
filed
with
the
COMELEC (Rule 20 vis--vis Rules
10-19,
COMELEC
Rules
of
Procedure)

(1) Protestant files a verified petition with the

COMELEC within 10 days from proclamation and
pays the required docket fees. Failure to pay the
basic docket fee will result in the dismissal of the
protest. (Gatchalian v. COMELEC, 245 SCRA
208)
(2) The Clerk of Court of the COMELEC or the
division concerned issues the corresponding
summons to the protestee within 3 days from the
filing of the petition.
(3) Protestee must file an answer within 5 days from
service of summons and a copy of the petition.
The protestee may incorporate in his answer a
counter-protest or counterclaim.
The COMELEC may not entertain a counterprotest filed beyond the reglementary period to
file the same. (Kho v. COMELEC, G.R. No.
124033, Sept. 25, 1997)
(4) Protestant has 5 days from receipt of the answer
or answer with counterclaim or counter-protest to
file his reply or answer to counter-protest or
counterclaim, respectively.
If no answer is filed to the protest or counterprotest, a general denial is deemed to have been
entered.
(5) After the issues have been joined, the case shall
be set for hearing and presentation and reception
of evidence.
(6) After the case has been submitted for decision,
the COMELEC shall render its decision. If the
case is being heard by a Division, the case shall
be decided within 10 days. If it is being heard by
the COMELEC en banc, it shall be decided within
30 days.
(7) The decision of a division becomes final and
executory after the lapse of 15 days following its
promulgation. The aggrieved party may file a
timely motion for reconsideration within 5 days
from promulgation of the decision on the grounds
that the evidence is insufficient to justify the
decision; or that the said decision is contrary to
law.
For the COMELEC en banc, the decision
becomes final and executory 30 days from its
promulgation.
Veloria vs Comelec (211 SCRA 907)

A motion for the reconsideration of the RTC

decision is a prohibited pleading and does not
interrupt the 5-day period for appeal.
Garcia vs. De Jesus (206 SCRA 779)
But the Comelec cannot deprive the RTC of
its competence to order execution of its decision
pending appeal, this being a judicial prerogative and
there being no law not authorizing the same; besides,
the Comelec rules would deprive the prevailing party
of a substantial right to move for such relief.
Relampagos vs. Cumba (243 SCRA 502)
In the exercise of its exclusive appellate
jurisdiction, the Comelec has the power to issue writs
of prohibition, mandamus or certiorari, because the
last par. of sec. 50 BP 697 is still in full force and
effect and has not been repealed nor amended by BP
881. (abandons Veloria and Garcia)
Galido vs. Comelec (193 SCRA 78)
The fact that decisions, final orders or rulings
of the Comelec in appealed cases involving elective
municipal and barangay officials are final, executory
and unappealable does not preclude a recourse to the
Supreme Court by way of a special civil action for
certiorari. (But only when Comelecs factual
determination is marred by grave abuse of discretion
= Alvarez vs. Comelec)
Puzon vs. HRET (Feb. 1989)
The Supreme Court declared the review of a
decision of the Electoral Tribunal is possible only in
the exercise of supervisory or extraordinary
jurisdiction, and only upon showing that the Tribunals
error results from a whimsical, capricious,
unwarranted, arbitrary or despotic exercise of power.
Lazatin vs. HRET (168 SCRA 391)
For purposes of election contests cognizable
by the Electoral Tribunal, the HRET rules of procedure
shall prevail over the provisions of the Omnibus
Election Code.
B.

For protests filed with the Regional Trial

Courts
(Rule 35, COMELEC Rules of
Procedure)

(1) Protestant files a verified petition with the RTC

within 10 days from proclamation.
(2) Protestee must file an answer within 5 days after
receipt of notice of the filing of the petition and a
copy of the petition.
Should the protestee desire to impugn the votes
received by the protestant in other precincts, he
may file a verified counter-protest within the
same period fixed for the filing of the answer.

(3) Protestant has 5 days from receipt of the counterprotest to file his answer to such counter-protest.
(4) Any other candidate for the same office may
intervene in the case within 5 days from filing of
the protest by filing a verified petition-inintervention. The protestant or protestee shall
answer the protest-in-intervention within 5 days
after notice.
(5) If no answer is filed to the protest, counter-protest
or protest-in-intervention within the specified time
limits, a general denial is deemed to have been
entered.

interest of the citizens in upholding the sanctity of the

ballot. Thus, the Comelec simply cannot close its
eyes to the illegality of the ballots even if the
protestant omitted to raise the ground in his protest.
Emi vs. Comelec (243 SCRA 706)
The Court upheld the authority of the
Comelec to determine whether ballots had been
written by one or two persons, or in groups written by
only one hand, without need of calling for the services
of handwriting experts, this investigation being more
in the nature of an internal process
Bulaong vs Comelec (220 SCRA 745)

(6) After the issues have been joined, the case shall
be set for hearing. Presentation and reception of
evidence shall be completed within 30 days from
the date of the commencement thereof.
(7) The Court shall decide the election contest within
30 days from the date it is submitted for decision,
but in every case within 6 months after its filing.
Such decision shall declare who among the
parties has been elected, or in a proper case,
that none of them has been legally elected.
(8) The decision becomes final 5 days after its
promulgation. No motion for reconsideration
shall be entertained.
Should an aggrieved party wish to appeal the
decision to the COMELEC, he may do so by filing
a notice of appeal within 5 days from
promulgation of the decision.

An order regarding the revision of ballots is

an interlocutory order because it still requires a party
to perform certain acts leading to the final adjudication
of the case
Miriam Defensor Santiago vs. Fidel Valdez Ramos
(253 SCRA 599)
Election protest filed by Santiago rendered
moot and academic by the election of Santiago as a
Senator in the May 1995 elections and assumption of
office, thus effectively considered as having
abandoned or withdrawn her protest or at the very
least, in the language of Moraleja v Relova,
abandoned her determination to protect and pursue
the public interest involved on who is the real choice
of the electorate.
Gatchalian vs Comelec (245 SCRA 208)

EFFECT OF DEATH OF PROTESTANT

The death of the protestant does not
extinguish an election protest. An election protest is
imbued with public interest which raises it onto a
plane over and above ordinary civil actions, because
it involves not only the adjudication of the private
interest of the rival candidates but also the paramount
need of dispelling once and for all the uncertainty that
beclouds the real choice of the electorate with respect
to who shall discharge the prerogatives of the office
within their gift. (De Castro v. COMELEC, 267 SCRA
806)
However, it is not the heirs of the deceased
who shall be the successors-in-interest to the suit, but
the succeeding candidate-elect. For example, if the
deceased was a candidate for governor, the real party
in interest in the continuation of the proceedings is the
Vice-Governor-elect, as he or she will succeed in the
event that the protestant is declared to be the person
lawfully elected to the office.
Arao vs. Comelec (210 SCRA 290)
Failure of protestant to raise the question of
identical handwriting or of impugning the validity of
the ballots on that ground does not preclude the
Comelec from rejecting the ballots. Unlike an ordinary
suit, an election protest is a public concern. The rights
of the contending parties must yield to the far greater

The period for filing an election protest is

suspended during the pendency of a pre-proclamation
controversy.
The protestant has to pay a docket fee of
P300.00 and an additional docket fee if there is a
claim for damages. For failure to pay the basic docket
fee, the protest should be dismissed.
Poe vs. Gloria Macapagal-Arroyo (PET Case No.
002, March 29, 2005)
The Supreme Court said that if persons not
real parties in the action could be allowed to
intervene, proceedings will be unnecessarily
complicated, expensive and interminableand this is
not the policy of the law. Inasmuch as no real parties
such as the vice-presidential aspirants in the 2004
elections have come forward to intervene, or to be
substituted for the deceased protestant, it is far more
prudent to abide by the existing and strict limitations
on intervention and substitution under the law and the
rules.
Quo Warranto
WHO MAY FILE: Any registered voter in the
constituency
GROUNDS:

Ineligibility or disloyalty to

the Republic of the Philippines

Voters
PERIOD FOR FILING:
Within 10 days
from proclamation of the results of the
election
Sampayan vs. Daza (213 SCRA 807)
Petition for prohibition filed by residents of N.
Samar in the Supreme Court against Cong. Daza
dismissed:
1)
2)

3)

because case already moot and academic,

Dazas term to end in June 30, 1992
SC without jurisdiction, HRET proper forum
as sole judge of all contests relating to the
election, returns and qualifications of House
of Rep. members
As a de facto officer, Daza cannot be made
to reimburse funds disbursed during his term
of office, bec. his acts are valid.

Voters may testify where the illegality

consists in the casting of votes by persons
unqualified, unless it can be shown for whom they
voted, it cannot be allowed to change the result.
Certificate of Votes
The provisions of Sections 235 and 236 of
the Omnibus Election Code notwithstanding, the
certificates of votes shall be admissible in evidence to
prove tampering, alteration, falsification or any
anomaly committed in the election returns concerned,
when duly authenticated by testimonial or
documentary evidence presented to the board of
election inspectors who issued the certificate.
The failure to present any certificate of votes
shall be a bar to the presentation of other evidence to
impugn the authenticity of the election returns.

Frivaldo vs. Comelec (174 SCRA 245)

Since Frivaldos copy of certificate of
naturalization obtained only in Sept. 1988, the petition
for disqualification may still be considered as having
been seasonably filed even if filed more than seven
months from the proclamation.
Award of damages
Actual or compensatory damages may be
granted in all election contests or in quo warranto
proceedings in accordance with law. (Sec. 259, B.P.
881)
EVIDENCE ON THE ELECTION
The following may be used as evidence in
contesting the results of the election:
Election Returns
Election returns are properly used as
evidence in an election contest when what is involved
is the correctness of the number of votes of each
candidate, and the ballots cannot be produced or are
not available.
Ballots
Ballots are properly used as evidence when
the election returns are not available.

ELECTION OFFENSES
Jurisdiction over election offenses
The Regional Trial Courts have exclusive
original jurisdiction to try and decide any criminal
actions or proceedings for violation of election laws.
(Sec. 268, B.P. 881; Juan v. People, G.R. No.
132378, January 18, 2000)
Prosecution of election offenses
The COMELEC has the exclusive power to
investigate and prosecute cases involving violations
of election laws.
(Sec. 2 (6), Art. IX-C, 1987
Constitution; Sec. 268, B.P. 881; De Jesus v. People,
120 SCRA 760) However, it may validly delegate the
power to the Provincial Prosecutor or to the
Ombudsman.
- But it is not the duty of the Comelec as investigator
and prosecutor to gather proof in support of a
complaint field before it (Kilosbayan vs. Comelec, GR
No. 128054, Oct. 16, 1997)
In the event that the COMELEC fails to act
on any complaint within 4 months from its filing, the
complainant may file the complaint with the fiscal or
the Department of Justice, if warranted. (Sec. 265,
B.P. 881)

Poll-Books and Tally Sheets

Preferential disposition of election offenses

Poll-books and tally sheets may be used as

evidence where by law, poll-books or tally sheets are
required to be kept.

Investigation and prosecution of election

offenses shall be given priority by the COMELEC.
The investigating officer shall resolve the case within
5 days from submission.

Election Officials
Election officials may be called to testify in
the absence of ballots, tally sheets or poll-books.

The courts shall give preference to election

cases over all other cases except petitions for writ of
habeas corpus. Their trial shall be commenced

without delay and shall be conducted continuously

until terminated, and the case shall be decided within
30 days from its submission for decision. (Sec. 269,
B.P. 881)
Election offenses
The
various
election
offenses
are
enumerated primarily under Sec. 261 of B.P. 881.
However, other election laws provide for other
election offenses. Some of the more significant
offenses include the following:

Removal, destruction, obliteration, or

tampering of lawful election propaganda,
or preventing the distribution thereof (Sec.
83, B.P. 881 vis--vis Sec. 262, B.P. 881)

Vote-buying and vote-selling (Sec. 261a,

B.P. 881)

Conspiracy to bribe voters (Sec. 261b,

B.P. 881)

Voting

Registration

Failure of the Board of Election Inspectors

to post the list of voters in each precinct.
(Sec. 9, R.A. 7166);

Change or alteration or transfer of a

voter's precinct assignment in the
permanent list of voters without the
express written consent of the voter (Sec.
4, R.A. 8189)

A disputable presumption of a
conspiracy to bribe voters is
created when there is proof that at
least 1 voter in different precincts
representing at least 20% of the
total precincts in any municipality,
city or province has been offered,
promised or given money, valuable
consideration or other expenditure
by a candidate's relatives, leaders
and/or
sympathizers
for
the
purpose of promoting the election of
such candidate. (Sec. 28, R.A.
6646)

Certificate of Candidacy

Continued misrepresentation or holding

out as a candidate of a disqualified
candidate or one declared by final and
executory judgment to be a nuisance
candidate (Sec. 27f, R.A. 6646);

Knowingly inducing or abetting such

misrepresentation of a disqualified or
nuisance candidate (Sec. 27f, R.A. 6646);

Coercing, bribing, threatening, harassing,

intimidating, terrorizing, or actually
causing, inflicting or producing violence,
injury, punishment, torture, damage, loss
or disadvantage to discourage any other
person or persons from filing a certificate
of candidacy in order to eliminate all other
potential candidates from running in a
special election (Sec. 5, R.A. 8295);

Election Campaign

Appointment or use of special policemen,

special agents or the like during the
campaign period (Sec. 261m, B.P. 881)

Use of armored land, water or aircraft

during the campaign period (Sec. 261r,
B.P. 881)

Unlawful electioneering (Sec. 261k, B.P.

881)

Acting as bodyguards or security in the

case of policemen and provincial guards
during the campaign period (Sec. 261t,
B.P. 881)

Coercion of subordinates to vote for or

against any candidate (Sec. 261d, B.P.
881)

Dismissal of employees, laborers, or

tenants for refusing or failing to vote for
any candidate (Sec. 261d(2), B.P. 881)

Being a flying voter (Sec. 261z (2), B.P.

881)

Counting of Votes

Tampering, increasing, decreasing votes,

or refusal to correct tampered votes after
proper verification and hearing by any
member of the board of election
inspectors (Sec. 27b, R.A. 6646)

Refusal to issue to duly accredited

watchers the certificate of votes cast and
the announcement of the election, by any
member of the board of election
inspectors (Sec. 27c, R.A. 6646)

Canvassing

Any chairperson of the board of

canvassers who fails to give notice of
meeting to other members of the board,
candidate or political party as required
(Sec. 27e, R.A. 6646)

Acts of government or public officers

Appointment of new employees, creation

of new positions, promotion, or giving
salary increases within the election period
(Sec. 261g, B.P. 881)

Transfer of officers and employees in the

civil service within the election period
without the prior approval of the
COMELEC (Sec. 261h, B.P. 881)
People v. Reyes (247 SCRA 328)

Transfer or detail of a government officer or

employee will not be penalized if done to promote
efficiency in the government service. To prove
violation, two elements must concur: 1) The fact of
transfer or detail within the election period as fixed by
the Comelec; and 2) The transfer or detail was made
without prior approval of the Comelec, in accordance
with its IRR. Here the transfer was made 1 day prior
to Comelecs issuance of Res. No. 2333, which
prescribed the rules and regulations on how to obtain
Comelec approval for such transfers.

Intervening of public officers and

employees in the civil service in any
partisan political activity (Sec. 261i, B.P.
881)

It is not necessary that the deadly weapon

be seized from the accused while he was in the
precinct or within a radius of 100 meters therefrom;
enough that the accused carried the deadly weapon
within the prohibited radius during any of the days and
hours specified in the law.

Carrying firearms outside residence or

place of business (Sec. 261q, B.P. 881)

Organization or maintenance of reaction

forces, strike forces, or similar forces
during the election period (Sec. 261u, B.P.
881)

Other prohibitions

Unauthorized printing of official ballots

and election returns with printing
establishments that are not under contract
with the COMELEC (Sec. 27a, R.A. 6646)

Wagering upon the results of elections

(Sec. 261c, B.P. 881)

Sale, etc. of intoxicating liquor on the day

fixed by law for the registration of voters
in the polling place, or the day before the
election or on election day (Sec. 261dd
(1), B.P. 881)

Use of public funds for an election

campaign (Sec. 261o, B.P. 881)

Illegal release of prisoners before and

after election (Sec. 261n, B.P. 881)

Release, disbursement or expenditure of

public funds during the prohibited period
(Sec. 261v, B.P. 881)

Opening booths or stalls within 30 meters

of any polling place (Sec, 261dd (2), B.P.
881)

Holding fairs, cockfights, etc. on election

day (Sec. 261dd (3), B.P. 881)

Refusal to carry election mail during the

election period (Sec. 261dd (4), B.P. 881).
In addition to the prescribed penalty, such
refusal
constitutes
a
ground
for
cancellation or revocation of certificate of
public convenience or franchise.

Discrimination in the sale of air time (Sec.

261dd (5), B.P. 881) In addition to the
prescribed
penalty,
such
refusal
constitutes a ground for cancellation or
revocation of the franchise.

Construction of public works, etc. during

the prohibited period (Sec. 261w, B.P.
881)

Suspension of elective local officials

during the election period without prior
approval of the COMELEC (Sec. 261x,
B.P. 881)

Coercion, intimidation, violence

Coercion of
employees

Threats, intimidation, terrorism, use of

fraudulent devices or other forms of
coercion (Sec. 261e, B.P. 881)

Use of undue influence (Sec. 261j, B.P.

881)

Carrying deadly weapons within

prohibited area (Sec. 261p, B.P. 881)

election

officials

and

Failure to register or vote

Mappala v. Judge Nunez (240 SCRA 200)

the

Art. V, Sec. 1 of the 1987 Constitution states

that suffrage "may" be exercised by qualified citizens
of the Philippines, as 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.
Other election offenses under RA 6646

Person who violated provisions against prohibited

forms of election propaganda

If the chairman of the BEI fails to affix his

signature at the back of the official ballot, in the
presence of the voter, before delivering the ballot
to the voter. (under RA 7166)

language tending to support or oppose any candidate,

political party or coalition of political parties under or
pursuant to any order of whatever name or nature and
by whomsoever issued except only upon a warrant of
arrest issued by a competent judge after all the
requirements of the Constitution have been strictly
complied with.

Good faith not a defense

Prescription

Election offenses are generally mala

prohibita. Proof of criminal intent is not necessary.
Good faith, ignorance, or lack of malice is not a
defense; the commission of the prohibited act is
sufficient. (People v. Bayona, 61 Phil. 181; People v.
Fuentes, 181 Phil. 186)

Election offenses prescribe 5 years from the

date of their commission.

Penalties
For individuals

Imprisonment of not less than 1

year but not more than 6 years,
without probation (Sec. 264, B.P.
881)
Disqualification to hold public
office;
Deprivation of the right of
suffrage

If the discovery of the offense be made in an

election contest proceeding, the period of prescription
shall commence on the date on which the judgment in
such proceedings becomes final and executory.
(Sec. 267, B.P. 881)
Special Laws
RA 7941 Party-List System Act

Seeks to promote proportional representation

Any party already registered need not register

anew. File manifestation not later than 90 days
before election.

Grounds for refusing or canceling registration of

Party-Lists groups

For a Foreigner

a.

Religious sect or denomination, organization

b.

Advocates violence

c.

Foreign party or organization

d.

Receives foreign support

e.

Violates election law

f.

Untruthful statements in its petition

g.

Ceased to exist for at least one year

h.

Failed to participate in the last two preceding

elections or fails to obtain at least 2% of the votes
cast under the party-list system in the 2
preceding elections for the constituency in which
it has registered

Imprisonment of not less than 1

year but not more than 6 years
(without probation);
Deportation after service of
sentence

For a Political Party

Payment of a fine not less than

P10,000
after
a
criminal
conviction

Persons Required by Law to Keep Prisoners in

their Custody
For prisoners illegally released from any
penitentiary or jail during the prohibited period, where
such prisoners commit any act of intimidation,
terrorism or interference in the election, the Director of
the Bureau of Corrections, provincial warden, jail
keeper or persons who are required by law to keep
said prisoners in their custody shall, if convicted, be
sentenced to suffer prison mayor in its maximum
period. (Sec. 264, B.P. 881)
Arrests in Connection with the Election Campaign
No person shall be arrested or detained at
any time for any alleged offense committed during
and in connection with any election through any act or

Nomination of party-list reps should not include

any candidate for any elective office or a person who
has lost his bid for an elective office in the
immediately preceding election
Incumbent sectoral representatives in the House
of Representatives who are nominated in the party-list
system shall not be considered resigned
Party List Reps constitute 20% of the total
number of the members of the House of Reps
including those under the party-list

How do we determine the number of party list

seats in the House of Reps?
Formula: (# of District Reps / 0.80) x 0.20 = # of party
list reps

The 5 major political parties are now entitled to

participate in the party list system

Parties receiving at least 2% of the total votes

cast for the party-list system shall be entitled to
one seat each

No party shall be entitled to more than 3 seats

Currently, there are 260 (208/0.80) seats. So 20

% of 260 are 52 seats. But this is only a ceiling.

A list with 5 names should be submitted to

COMELEC as to who will represent the party in
the Congress.

Ranking in the list submitted determines who

shall represent party or organization.

Q: May political parties participate in the party-list

elections?
A: Yes, provided that the political parties themselves
represent the marginalized and under represented
sectors, parties and organizations. (Ang Bagong
Bayani-OFW Labor Party v. COMELEC, G. R. No.
147589 26 June 2001).