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LAW ON ELECTIONS - AGPALO

CHAPTER V: CAMPAIGN AND EXPENDITURES


5.67

GENERALLY
It shall be unlawful for any person to engage in an election
campaign or partisan political activity except during the campaign
period
o However, political parties may hold political conventions or
meetings to nominate their official candidates within (30)
days before campaign period and (45) days for Presidential
and Vice-Presidential election
Section 9 of Article IX of the Constitution provides that, election
period shall commence (90) days before the day of election and
shall end (30) days thereafter
Section 80 of the Code prohibits any election campaign or partisan
political activity outside the campaign period
Election Campaign or Partisan Political Activity act designated to
promote the election or defeat of a particular candidate/s to a
public office
Candidate one who has filed his certificate of candidacy (filed on
any day not later than the day before the beginning of the election
period or campaign period)
Engaging in partisan political activity in favor, or against, a person
who has not filed a COC is not prohibited
Section 6 of RA 7166:
Section 6. Nomination and Selection of Official Candidates. - No
political convention or meeting for the nomination or selection of
the official candidates of any political party or organization or
political groups or coalition thereof shall be held earlier than the
following periods:
(a) For President, Vice-President and Senators, one hundred sixtyfive (165) days before the day of the election; and
(b) For Members of the House of Representatives and elective
provincial, city or municipal officials, seventy-five (75) days
before the day of the election.

5.68

INTERVENTION OF FOREIGNERS
Foreigner, whether juridical or natural person are prohibited to aid
any candidate or political party, directly or indirectly, or to take
part in or influence in any manner, or to contribute or make any
expenditure in connection with any party

5.69
LAWFUL ELECTION PROPAGANDA

The following are lawful election propaganda:


Sec. 82. Lawful election propaganda. - Lawful election propaganda
shall include:
(a) Pamphlets, leaflets, cards, decals, stickers or other written or
printed materials of a size not more than eight and one-half inches
in width and fourteen inches in length;
(b) Handwritten or printed letters urging voters to vote for or
against any particular candidate;
(c) Cloth, paper or cardboard posters, whether framed or posted,
with an area exceeding two feet by three feet, except that, at the
site and on the occasion of a public meeting or rally, or in
announcing the holding of said meeting or rally, streamers not
exceeding three feet by eight feet in size, shall be allowed:
Provided, That said streamers may not be displayed except one
week before the date of the meeting or rally and that it shall be
removed within seventy-two hours after said meeting or rally; or
(d) All other forms of election propaganda not prohibited by this
Code as the Commission may authorize after due notice.
Republic Act No. 9006
Section 3. Lawful Election Propaganda. Election propaganda,
whether on television, cable television, radio, newspapers or any other
medium is hereby allowed for all registered political parties, national,
regional, sectoral parties or organizations participating under the party
list elections and for all bona fide candidates seeking national and local
elective positions subject to the limitation on authorized expenses of
candidates and political parties, observance of truth in advertising and
to the supervision and regulation by the Commission on Elections
(COMELEC).
For the purpose of this Act, lawful election propaganda shall include:
3.1. Pamphlets, leaflets, cards, decals, stickers or other written or
printed materials the size of which does not exceed eight and one
half inches in width and fourteen inches in length;
3.2. Handwritten or printed letters urging voters to vote for or
against any particular political party or candidate for public office;
3.3. Cloth, paper or cardboard posters, whether framed or posted,
with an area not exceeding two (2) feet by three (3) feet, except
that, at the site and on the occasion of a public meeting or rally, or
in announcing the holding of said meeting or rally, streamers not
exceeding three (3) feet by eight (8) feet in size, shall be allowed:

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Provided, That said streamers may be displayed five (5) days
before the date of the meeting or rally and shall be removed within
twenty-four (24) hours after said meeting or rally;
3.4. Paid advertisements in print or broadcast media: Provided,
That the advertisements shall follow the requirements set forth in
Section 4 of this Act; and
3.5. All other forms of election propaganda not prohibited by the
Omnibus Election Code or this Act.
Section 4. Requirements for Published or Printed and Broadcast Election
Propaganda. 4.1. Any newspaper, newsletter, newsweekly, gazette or
magazine advertising, posters, pamphlets, comic books, circulars,
handbills, bumper stickers, streamers, sample list of candidates or any
published or printed political matter and any broadcast of election
propaganda by television or radio for or against a candidate or group of
candidates to any public office shall bear and be 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.
4.2. If the broadcast is given free of charge by the radio or
television 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.
4.3. 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 shall be
attached to the advertising contract and shall be submitted to the
COMELEC as provided in Subsection 6.3. hereof.
Section 5. Election Surveys. 5.1. 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
(hereafter referred to as "Survey").
5.2. During the election period, any person, natural as well as
juridical, candidate or organization who publishes a survey must
likewise publish the following information:
(a) The name of the person, candidate, party or
organization who commissioned or paid for the survey;
(b) The name of the person, polling firm or survey
organization who conducted the survey;

(c) 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;
(d) The margin o error of the survey;
(e) For each question for which the margin of error is
greater than that reported under paragraph (d), the margin
of error for that question; and
(f) 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 Subsection 5.3.
5.3. The survey together with raw data gathered to support its
conclusions shall be available for inspection, copying and
verification by the COMELEC or by a registered political party or a
bona fide candidate or by any COMELEC-accredited citizen's arm. A
reasonable fee sufficient to cover the costs of inspection, copying
and verification may be charged.
5.4. Surveys affecting national candidates shall not be published
fifteen (15) days before an election and surveys affecting local
candidates shall not be published seven (7) days before an
election.
5.5. Exit polls may only be taken subject to the following
requirements:
(a) Pollsters shall not conduct their surveys within fifty (50)
meters from the polling place, whether said survey is taken
in a home, dwelling place and other places;
(b) Pollsters shall wear distinctive clothing;
(c) Pollsters shall inform the voters that they may refuse to
answer; and
(d) 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.
Section 6. Equal Access to Media Time and Space. All registered parties
and bona fide candidates shall have equal access to media time and space.
The following guidelines may be amplified on by the COMELEC.
6.1. Print advertisements shall not exceed one-fourth (1/4) page, in
broad sheet and one-half (1/2) page in tabloids thrice a week per
newspaper, magazine or other publications, during the campaign
period.

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6.2. (a) Each bona fide candidate or registered political party for a
nationally elective office shall be entitled to not more than one
hundred twenty (120) minutes of television advertisement and one
hundred eighty (180) minutes of radio advertisement whether by
purchase or donation.
(b) Each bona fide candidate or registered political party
for a locally elective office shall be entitled to not more
than sixty (60) minutes of television advertisement and
ninety (90) minutes of radio advertisement whether by
purchase or
For this purpose, the COMELEC shall require any broadcast station
or entity to submit to the COMELEC a copy of its broadcast logs
and certificates of performance for the review and verification of
the frequency, date, time and duration of advertisements
broadcast for any candidate or political party.
6.3. All mass media entities shall 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 five (5)
days after its signing. In every case, it shall be signed by the
donor, the candidate concerned or by the duly authorized
representative of the political party.
6.4. No franchise or permit to operate a radio or television stations
shall be granted or issued, suspended or cancelled during the
election period.
In all instances, the COMELEC shall supervise the use and
employment of press, radio and television facilities insofar or the
placement of political advertisements is concerned.
The COMELEC shall ensure that radio or television or cable
television broadcasting entities shall not allow the scheduling of
any program or permit any sponsor to manifestly favor or oppose
any candidate or political party by unduly or repeatedly referring to
or including said candidate and/or political party in such program
respecting, however, in all instances the right of said broadcast
entities to air accounts of significant news or news worthy events
and views on matters of public interest.
6.5. All members of media, television, radio or print, shall
scrupulously report and interpret the news, taking care not to
suppress essential facts or to distort the truth by omission or
improper emphasis. They shall recognize the duty to air the other
side and the duty to correct substantive errors promptly.
6.6. Any mass media columnist, commentator, announcer,
reporter, on-air correspondent or personality who is a candidate for

any elective public office or is a campaign volunteer for or


employed or retained in any capacity by any candidate or political
party shall be deemed resigned, if so required by their employer,
or shall take a leave of absence from his/her work as such during
the campaign period: Provided, That any media practitioner who is
an official of a political party or a member of the campaign staff of
a candidate or political party shall not use his/her time or space to
favor any candidate or political party.
6.7. No movie, cinematograph or documentary portraying the life
or biography of a candidate shall be publicly exhibited in a theater,
television station or any public forum during the campaign period.
6.8. No movie, cinematograph or documentary portrayed by an
actor or media personality who is himself a candidate shall be
publicly exhibited in a theater, television station or any public
forum during the campaign period.
Section 7. Affirmative Action by the COMELEC. 7.1. Pursuant to Sections
90 and 92 of the Omnibus Election Code (Batas Pambansa Bldg. 881), the
COMELEC shall procure the print space upon payment of just compensation
from at least three (3) national newspapers of general circulation wherein
candidates for national office can announce their candidacies. Such space
shall be allocated free of charge equally and impartially among all the
candidates for national office on three (3) different calendar days: the first
day within the first week of the campaign period; the second day within
the fifth week of the campaign period; and the third day within the tenth
week of the campaign period.
7.2. The COMELEC shall also procure free airtime from at least
three (3) national television networks and three(3) national radio
networks, which shall also be allocated free of charge equally and
impartially among all candidates for national office. Such free time
shall be allocated on three (3) different calendar days; the first day
within the first week of the campaign period; the second day within
the fifth week of the campaign period; and the third day within the
tenth weeks of the campaign period.
7.3. The COMELEC may require national television and radio
networks to sponsor at least three (3) national debates among
presidential candidates and at least one (1) national debate among
vice presidential candidates. The debates among presidential
candidates shall be scheduled on three (3) different calendar days;
the first debate shall be scheduled within the first and second week
of the campaign period; the second debate within the fifth and
sixth week of the campaign period; and the third debate shall be

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scheduled within the tenth and eleventh week of the campaign
period.
The sponsoring television or radio network may sell air-time for
commercials and advertisements to interested advertisers and sponsors.
The COMELEC shall promulgate rules and regulations for the holding of
such debates.
Section 8. COMELEC Space and Time. The COMELEC shall procure shall
in at least one (1) newspaper of general circulation and air time in at least
one (1) major broadcasting station or entity in every province or city:
Provided, however, That in the absence of said newspaper, publication
shall be done in any other magazine or periodical in said province or city,
which shall be known as "COMELEC Space": Provided, further, That in the
absence of said broadcasting station or entity, broadcasting shall be done
in any radio or television station in said province or city, which shall be
known as "COMELEC Time". Said time shall be allocated to the COMELEC
free of charge, while said space shall be allocated to the COMELEC upon
payment of just compensation. The COMELEC time and space shall be
utilized exclusively by the COMELEC for public information dissemination
on election-related concerns.
Section 9. Posting of Campaign Materials. The COMELEC may authorize
political parties and party-list groups to erect common poster areas for
their candidates in not more than ten (1) public places such as plazas,
markets, barangay centers and the like, wherein candidates can post,
display or exhibit election propaganda: Provided, That the size of the
poster areas shall not exceed twelve (12) by sixteen (16) feet or its
equivalent.
Independent candidates with no political parties may likewise be
authorized to erect common poster areas in not more than ten (10) public
places, the size of which shall not exceed four (4) by six (6) feet or its
equivalent.
Candidates may post any lawful propaganda material in private places with
the consent of the owner thereof, and in public places or property which
shall be allocated equitably and impartially among the candidates.
Section 10. Right to Reply. All registered parties and bona fide
candidates shall be have the right to reply to charges published against
them. The reply shall be given publicity by the newspaper, television
and/or radio station which first printed or aired the charges with the same
prominence or in the same page or section or in the same time slot as the
first statement.
Section 11. Rates for Political Propaganda. During the election period,
media outlets shall charge registered political parties and bona fide
candidates a discounted rate of thirty percent (30%) for television, twenty

percent (20%) for radio and ten (10%) for print over the average rates
charged during the first three quarters of the calendar year preceding the
elections.
Section 12. Substitution of Candidates. In case of valid substitutions
after the official ballots have been printed, the votes cast for the
substituted candidates shall be considered as stray votes but shall not
invalidate the whole ballot. For this purpose, the official ballots shall
provide spaces where the voters may write the name of the substitute
candidates if they are voting for the latter: Provided, however, That if the
substitute candidate of the same family name, this provision shall not
apply.
Section 13. Authority of the COMELEC to Promulgate Rules; Election
Offenses. The COMELEC shall promulgate and furnish all political parties
and candidates and the mass media entities the rules and regulations for
the implementation of this Act, consistent with the criteria established in
Article IX-C, Section 4 of the Constitution and Section 86 of the Omnibus
Election Code (Batas Pambansa Bldg. 881).
Rules and regulations promulgated by the COMELEC under and by
authority of this Section shall take effect on the seventh day after their
publication in at least two (2) daily newspapers of general circulation. Prior
to effectivity of said rules and regulations, no political advertisement or
propaganda for or against any candidate or political party shall be
published or broadcast through mass media.
Violation of this Act and the rules and regulations of the COMELEC issued
to implement this Act shall be an election offense punishable under the
first and second paragraphs of Section 264 of the Omnibus Election Code
(Batas Pambansa Bldg. 881).

In Social Weather Stations, Inc. v. COMELEC, the SC declared


unconstitutional Section 5.4 of RA 9006 which states, Surveys
affecting national candidates shall not be published fifteen (15)
days before an election and surveys affecting local candidates shall
not be published seven (7) days before an election. It ruled that
this provision constitutes an unconstitutional abridgement of
freedom of speech, expression, and the press.
5.70

CONTRIBUTIONS
Contribution this includes gifts, donation, subscription, loan,
advance, or deposit of money or anything if value, or a contract,
promise or agreement of contribution made for the purpose of
influencing the results of the elections
o BUT shall not include services without compensation by
individuals volunteering

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o

Contribution also includes 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. Prohibited contributions. - No contribution for purposes of
partisan political activity shall be made directly or indirectly by any
of the following:
(a) Public or private financial institutions: Provided, however, That
nothing herein shall prevent the making of any loan to a candidate
or political party by any such public or private financial institutions
legally in the business of lending money;
(b) Natural and juridical persons operating a public utility or in
possession of or exploiting any natural resources of the nation;
(c) Natural and juridical persons who hold contracts or subcontracts to supply the government or any of its divisions,
subdivisions or instrumentalities, with goods or services or to
perform construction or other works;
(d) 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 government-owned or
controlled corporations;
(e) Natural and juridical persons who, within one 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
government-owned or controlled corporations;
(f) Educational institutions which have received grants of public
funds amounting to no less than P100,000.00;
(g) Officials or employees in the Civil Service, or members of the
Armed Forces of the Philippines; and
(h) Foreigners and foreign corporations.
It shall be unlawful for any person to solicit or receive any contribution
from any of the persons or entities enumerated herein.

the commencement of the election period up to and including


election day; or 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; Provided, That normal and customary religious
stipends, tithes, or collections on Sundays and/or other designated
collection days, are excluded from this prohibition.

5.71

5.72

PROHIBITED RAISING OF FUNDS


Sec. 97. Prohibited raising of funds. - It shall be unlawful for any
person to hold dances, lotteries, cockfights, games, boxing bouts,
bingo, beauty contests, entertainments, or cinematographic,
theatrical or other performances for the purpose of raising funds
for an election campaign or for the support of any candidate from

5.73

5.74

AGREEMENT IN VIOLATION OF RESTRICTIONS IS VOID


A promissory note executed to evidence a loan extended to finance
a political campaign in violation of the election code is void as it
involves the commission of crime
Money knowingly loaned to be corruptly used in an election cannot
be recovered
This prohibition extends to a public utility operator, juridical or
natural person
The reason for prohibition is that it would involve a controversial
disbursement since it would embroil a public utility operator in
partisan politics
The diminution of income would constrain the public utility
operator to ask for an increase in the rates this would be
detrimental to the public
AUTHORIZED EXPENDITURES

Section 13 of RA 7166 provides:


Sec. 13. Authorized Expenses of Candidates and Political Parties. The agreement amount that a candidate or registered political
party may spend for election campaign shall be as follows:
(a) For candidates. - Ten pesos (P10.00) for President and VicePresident; and for other candidates Three Pesos (P3.00) for every
voter currently registered in the constituency where he filed his
certificate of candidacy: Provided, That a candidate without any
political party and without support from any political party may be
allowed to spend Five Pesos (P5.00) for every such voter; and
(b) For political parties. - Five pesos (P5.00) for every voter
currently registered in the constituency or constituencies where it
has official candidates.

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Any provision of law to the contrary notwithstanding any contribution
in cash or in kind to any candidate or political party or coalition of
parties for campaign purposes, duly reported to the Commission shall
not be subject to the payment of any gift tax.
The following are lawful expenditures:

Lawful election propaganda

Compensation of campaign workers

Stationery, printing and distribution of printed matters relative to


candidacy

Employment of watchers at the polls

Political meetings and rallies and the use of sound systems, lights,
and decorations during said meetings and rallies

Newspaper, radio, television, and other public advertisements

Printing sample ballots in such color, size, and maximum number


as may be authorized by the Commission.

5.75

The same prohibition shall apply if the political party which


nominated the winning candidate fails to file the statement
required herein within the period prescribed by this Act.
Except candidates for elective barangay office, failure to file the
statements or reports in connection with electoral contributions
and expenditures are required herein shall constitute an
administrative offense for which the offenders shall be liable to pay
an administrative fine ranging from One thousand pesos
(P1,000.00) to Thirty thousand pesos (P30,000.00), in the
discretion of the Commission.
The fine shall be paid within thirty (30) days from receipt of notice
of such failure; otherwise, it shall be enforceable by a writ of
execution issued by the Commission against the properties of the
offender.
It shall be the duty of every city or municipal election registrar to
advise in writing, by personal delivery or registered mail, within
five (5) days from the date of election all candidates residing in his
jurisdiction to comply with their obligation to file their statements
of contributions and expenditures.
For the commission of a second or subsequent offense under this
section, the administrative fine shall be from Two thousand pesos
(P2,000.00) to Sixty thousand pesos (P60,000.00), in the discretion
of the Commission. In addition, the offender shall be subject to
perpetual disqualification to hold public office.

Traveling expenses of the candidates and campaign personnel and


for personal expenses incident thereto
Telegraph and telephone tolls, postage, freight, and express
delivery charges

Rent, maintenance and furnishing of campaign headquarters,


office, or place of meetings

Employment of counsel
Copying and classifying list of voters, investigating and challenging
the right to vote of persons registered in the lists; or

STATEMENT OF CONTRIBUTIONS AND EXPENDITURES

Section 14 of RA 7166 provides:


Sec. 14. Statement of Contributions and Expenditures: Effect of
Failure to File Statement. - Every candidate and treasurer of the
political party shall, within thirty (30) days after the day of the
election, file in duplicate with the offices of the Commission the
full, true and itemized statement of all contributions and
expenditures in connection with the election.
No person elected to any public offices shall enter upon the duties
of his office until he has filed the statement of contributions and
expenditures herein required.

CHAPTER VI: CASTING AND COUNTING OF VOTES


6.76

GENERALLY

6.77

CASTING OF VOTES UNDE THE ABSENTEE VOTING LAW

Sec. 11. Procedure for Application to Vote in Absentia.


11.1. Every qualified citizen of the Philippines abroad whose
application for registration has been approved, including those
previously registered under Republic Act No. 8189, shall, in every
national election, file with the officer of the embassy, consulate or
other foreign service establishment authorized by the Commission,
a sworn written application to vote in a form prescribed by the
Commission. The authorized officer of such embassy, consulate or
other foreign service establishment shall transmit to the
Commission the said application to vote within five (5) days from
receipt thereof. The application form shall be accomplished in

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triplicate and submitted together with the photocopy of his/her
overseas absentee voter certificate of registration.
11.2. Every application to vote in absentia may be done personally
at, or by mail to, the embassy, consulate or foreign service
establishment, which has jurisdiction over the country where
he/she has indicated his/her address for purposes of the elections.
11.3. Consular and diplomatic services rendered in connection with
the overseas absentee voting processes shall be made available at
no cost to the overseas absentee voter.
Sec. 16. Casting and Submission of Ballots.
16.1. Upon receipt by the designated officer of the embassy,
consulate and other foreign service establishments of the ballots
for overseas absentee voters, voting instructions, election forms
and other paraphernalia, he/she shall make them available on the
premises to the qualified overseas absentee voters in their
respective jurisdictions during the thirty (30) days before the day
of elections when overseas absentee voters may cast their vote.
Immediately upon receiving it, the overseas absentee voter must
fill-out his/her ballot personally, in secret, without leaving the
premises of the embassies, consulates and other foreign service
establishments concerned.
16.2. The overseas absentee voter shall personally accomplish
his/her ballot at the embassy, consulate or other foreign service
establishment that has jurisdiction over the country where he/she
temporarily resides or at any polling place designated and
accredited by the Commission.
16.3. The overseas absentee voter shall cast his ballot, upon
presentation of the absentee voter identification card issued by the
Commission, within thirty (30) days before the day of elections. In
the case of seafarers, they shall cast their ballots anytime within
sixty (60) days before the day of elections as prescribed in the
Implementing Rules and Guidelines.
16.4. All accomplished ballots received shall be placed unopened
inside sealed containers and kept in a secure place designated by
the Commission.
16.5. The embassies, consulates and other foreign service
establishments concerned shall keep a complete record of the
ballots for overseas absentee voters, specifically indicating the
number of ballots they actually received, and in cases where voting
by mail is allowed under Section 17 hereof, the names and
addresses of the voters to whom these ballots were sent, including

proof of receipt thereof. In addition, the embassies, consulates and


other foreign service establishments shall submit a formal report to
the Commission and the Joint Congressional Oversight Committee
created under this Act within thirty (30) days from the day of
elections. Such report shall contain data on the number of ballots
cast and received by the offices, the number of invalid and
unclaimed ballots and other pertinent data.
16.6. The overseas absentee voter shall be instructed that his/her
ballot shall not be counted if it is not inside the special envelope
furnished him/her when it is cast.
16.7. Ballots not claimed by the overseas absentee voters at the
embassies, consulates and other foreign service establishments, in
case of personal voting, and ballots returned to the embassies,
consulates and other foreign service establishments concerned, in
the case of voting by mail, shall be cancelled and shipped to the
Commission by the least costly method within six (6) months from
the day of elections.
16.8. Only ballots cast, and mailed ballots received by the
Philippine embassies, consulates and other foreign service
establishments concerned in accordance with Section 17 hereof
before the close of voting on the day of elections shall be counted
in accordance with Section 18 hereof. All envelopes containing the
ballots received by the embassies, consulates and other foreign
service establishments after the prescribed period shall not be
opened, and shall be cancelled and shipped to the Commission by
the least costly method within six (6) months from the day of
elections.
16.9. A Special Ballot Reception and Custody Group composed of
three (3) members shall be constituted by the Commission from
among the staff of the embassies, consulates and other foreign
service establishments concerned, including their attached
agencies, and citizens of the Philippines abroad, who will be
deputized to receive ballots and take custody of the same
preparatory to their transmittal to the Special Boards of Election
Inspectors.
16.10. During this phase of the election process, the authorized
representatives of the political parties, candidates, and accredited
citizens arms of the Commission shall be notified in writing thereof
and shall have the right to witness the proceedings.
16.11. The Commission shall study the use of electronic mail,
Internet, or other secured networks in the casting of votes, and

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submit a report thereon to the Joint Congressional Oversight
Committee.
Sec. 17. Voting by Mail.
17.1. For the May, 2004 elections, the Commission shall authorize
voting by mail in not more than three (3) countries, subject to the
approval of the Congressional Oversight Committee. Voting by mail
may be allowed in countries that satisfy the following conditions:
a. Where the mailing system is fairly well-developed and
secure to prevent the occasion of fraud;
b. Where there exists a technically established
identification system that would preclude multiple or proxy
voting; and,
c. Where the system of reception and custody of mailed
ballots in the embassies, consulates and other foreign
service establishments concerned are adequate and wellsecured.
Thereafter, voting by mail in any country shall be allowed only
upon review and approval of the Joint Congressional Oversight
Committee.
17.2. The overseas absentee voters shall send his/her
accomplished ballot to the corresponding embassy, consular or
other foreign service establishment that has jurisdiction over the
country where he/she temporarily resides. He/She shall be entitled
to cast his/her ballot at any time upon his/her receipt thereof,
provided that the same Is received before the close of voting on
the day of elections. The overseas absentee voter shall be
instructed that his/her ballot shall not be counted if not transmitted
in the special envelope furnished him/her.
17.3. Only mailed ballots received by the Philippine embassy,
consulate and other foreign service establishments before the
close of voting on the day of elections shall be counted in
accordance with Section 18 hereof. All envelopes containing the
ballots received by the embassies, consulates and other foreign
service establishments after the prescribed period shall not be
opened, and shall be cancelled and disposed of appropriately, with
a corresponding report thereon submitted to the Commission not
later than thirty (30) days from the day of elections.
Sec. 18. On-Site Counting and Canvassing.
18.1. The counting and canvassing of votes shall be conducted on
site in the country where the votes were actually cast. The opening

of the specially-marked envelopes containing the ballots and the


counting and canvassing of votes shall be conducted within the
premises of the embassies, consulates and other foreign service
establishments or in such other places as may be designated by
the Commission pursuant to the Implementing Rules and
Regulations. The Commission shall ensure that the start of
counting in all polling places abroad shall be synchronized with the
start of counting in the Philippines.
18.2. For these purposes, the Commission shall constitute as many
Special Boards of Election Inspectors as may be necessary to
conduct and supervise the counting of votes as provided in Section
18.2 hereof. The Special Boards of Election Inspectors to be
constituted herein shall be composed of a Chairman and two (2)
members, one (1) of whom shall be designated as poll clerk. The
ambassador or consul-general, or any career public officer posted
abroad designated by the Commission, as the case may be, shall
act as the chairman; in the absence of other government officers,
the two (2) other members shall be citizens of the Philippines who
are qualified to vote under this act and deputized by the
Commission not later than sixty (60) days before the day of
elections. All resolutions of the Special Board of Election Inspectors
on issues brought before it during the conduct of its proceedings
shall be valid only when they carry the approval of the chairman.
Immediately upon the completion of the counting, the Special
Boards of Election Inspectors shall transmit via facsimile and/or
electronic mail the results to the Commission in Manila and the
accredited major political parties.
18.3. Only ballots cast on, or received by the embassies,
consulates and other foreign service establishments before the
close of voting on the day of elections shall be included in the
counting of votes. Those received afterwards shall not be counted.
18.4. A Special Board of Canvassers composed of a lawyer
preferably of the Commission as chairman, a senior career officer
from any of the government agencies maintaining a post abroad
and, in the absence of another government officer, a citizen of the
Philippines qualified to vote under this Act deputized by the
Commission,
as
vice-chairman
and
member-secretary,
respectively, shall be constituted to canvass the election returns
submitted to it by the Special Boards of Election Inspectors.
Immediately upon the completion of the canvass, the chairman of
the Special Board of Canvassers shall transmit via facsimile,
electronic mail, or any other means of transmission equally safe

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and reliable the Certificates of Canvass and the Statements of
Votes to the Commission, and shall cause to preserve the same
immediately after the conclusion of the canvass, and make it
available upon instructions of the Commission. The Special Board
of Canvassers shall also furnish the accredited major political
parties and accredited citizens arms with copies thereof via
facsimile, electronic mail and any other means of transmission
equally safe, secure and reliable.
The Certificates of Canvass and the accompanying Statements of
Votes as transmitted via facsimile, electronic mail and any other
means of transmission equally safe, secure and reliable shall be
the primary basis for the national canvass.
18.5. The canvass of votes shall not cause the delay of the
proclamation of a winning candidate if the outcome of the election
will not be affected by the results thereof. Notwithstanding the
foregoing, the Commission is empowered to order the proclamation
of winning candidates despite the fact that the scheduled election
has not taken place in a particular country or countries, if the
holding of elections therein has been rendered impossible by
events, factors and circumstances peculiar to such country or
countries, and which events, factors and circumstances are beyond
the control or influence of the Commission.
18.6. In the preparation of the final tally of votes on the results of
the national elections, the Commission shall ensure that the votes
canvassed by each and every country shall be reflected as a
separate item from the tally of national votes. For purposes of this
Act, the returns of every election for president and vice-president
prepared by the Special Board of Canvassers shall be deemed a
certificate of canvass of a city or province.
18.7. Where feasible, the counting and canvassing of votes shall be
automated. Towards this end, the Commission is hereby authorized
to borrow, rent, lease or acquire automated voting machines for
purposes of canvassing and counting of votes pursuant to the
provisions of this Act, and in accordance with the Implementing
Rules and Regulations promulgated by the Commission.

the polling place who have not yet cast their vote, in which case the voting
shall continue but only to allow said voters to cast without interruption.
Procedure:
1. Voter to approach the chairman and give his name, address,
together with other data concerning the person.
2. In case of doubt as to the identity of the voter, the board of
election inspectors shall check his voters identification card, or to
his photograph and signature in the voters application for
registration.
3. If the board is satisfied with his identity, the chairman shall
announce the voters name in a loud voice.
4. If no challenge, or if challenged was decided in his favor, voter
shall sign the voting record,
5. The chairman shall deliver to the voter one ballot correctly folded
only chairman shall deliver and only one ballot shall be delivered at
any time.
6. The voter shall proceed to one of the empty voting booths and fill
the ballot with his votes.
Illiterate or Disabled May Vote
will be assisted by a relative or by any person of his confidence who
belongs to the same household, or any member of the board of election
inspectors.
the person assisting shall bind himself in a formal document under
oath to fill out the ballot strictly in accordance with the instructions
of the voter and not to reveal the contents of the ballot prepared
by him
Violation will be an Election Offense
6.79
COUNTING OF VOTES
After voting is finished board of election inspectors shall publicly
count in the polling place the votes cast and ascertain the results
Shall complete everything before they adjourn
BOEI prepares election returns show votes of each candidate
6.80

6.78
CASTING OF VOTES UNDER THE OMNIBUS ELECTION CODE
> the board of election inspectors, composed of three teachers, supervises
the voting.
> voting on election day to start at 7am in the morning and shall end at
3pm, except when there are voters present within thirty meters in front of

CERTIFICATE OF VOTES; ITS EVIDENTIARY VALUE

Section 16. Certificates of Votes. - After the counting of the votes cast in
the precinct and announcement of the results of the election, and before
leaving the polling place, the board of election inspectors shall issue a
certificate of votes upon request of the duly accredited watchers. The
certificate shall contain the number of votes obtained by each candidate

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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, and shall be signed and thumb
marked by each member of the board.

6.84
CANVASS OF VOTES FOR SENATORS
Section 2of EO NO 144: Chairman and members of the commission on
Elections sitting en banc shall be the National Board of Canvassers in
the election of senators.

Section 17. Certificate of Votes as Evidence. - The provisions of Sections


235 and 236 of Batas Pambansa Blg. 881 notwithstanding, the certificate
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 canvassers by at least two members of the board
of election inspectors who issued the certificate: Provided, That 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.

6.85
CANVASS OF VOTES FOR PRESIDENT AND VICE-PRESIDENT
Congress board of canvassers of votes for President and Vice
President.
Section 30, RA 7166: Functions of Congress in the Canvass of Votes for
President and Vice President.

True Functions of a Certificate of Vote:


1) to prevent or deter the members of the board of election
inspectors or other officials from altering the statements because
they know of the existence of such certificate
2) to advise the candidate definitely of the number of his votes, so
that in case the election statement submitted to the board of
canvassers does not tally with the certificate in his hands, he may
ask that the other authentic copy be used for the canvass
3) to serve as evidence of fraud in election protest and in subsequent
prosecution of election offenses against those liable therefore.
A. CANVASS AND PROCLAMATION
6.81
BOARD OF CANVASSERS; DUTY TO PROCLAIM
Canvass of election returns and certificates of canvass of votes is
undertaken by the boards of canvassers, which will make the proclamation
of the winning candidates of local and congressional candidates.
Refusal of board of canvassers to proclaim winning candidate or erroneous
proclamation of a candidate election offense
6.82
ELECTIONS RESULTING IN TIE
If there is a tie drawing of lots of the candidates
6.83
WHERE THERE IS ONLY ONCE CANDIDATE IN A SPECIAL
ELECTION
Section 2 of RA 8295 the sole candidate is the winner

Section 30. Congress as the National Board of Canvassers for the Election
of President and Vice-President: Determination of Authenticity and Due
Execution of Certificates of Canvass. - Congress shall determine the
authenticity and due execution of the certificate of canvass for President
and Vice-President as accomplished and transmitted to it by the local
boards of canvassers, on a showing that: (1) each certificate of canvass
was executed, signed and thumb marked by the chairman and members of
the board of canvassers and transmitted or caused to be transmitted to
Congress by them; (2) each certificate of canvass contains the names of all
of the candidates for President and Vice-President and their corresponding
votes in words and in figures; and (3) there exists no discrepancy in other
authentic copies of the certificate of canvass or discrepancy in the votes of
any candidate in words and figures in the certificate.
When the certificate of canvass, duly certified by the board of canvassers
of each province, city or district, appears to be incomplete, the Senate
President shall require the board of canvassers concerned to transmit by
personal delivery, the election returns from polling places that were not
included in the certificate of canvass and supporting statements. Said
election returns shall be submitted by personal delivery within two (2) days
from receipt of notice.
When it appears that any certificate of canvass or supporting statement of
votes by precinct bears erasures or alterations which may cast doubt as to
the veracity of the number of votes stated therein and may affect the
result of the election, upon request of the Presidential or Vice-Presidential
candidate concerned or his party, Congress shall, for the sole purpose of
verifying the actual number of votes cast for President and Vice-President,
count the votes as they appear in the copies of the election returns
submitted to it.
6.86
PROCLAMATION
HONEST ELECTION

MUST

BE

THE

RESULT

OF

FREE

AND

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Duty to make a canvass is not deemed complied with until:
1) upon the completion of the canvass and separate statements of all
the votes received by the candidates shall have been made
2) the board of canvassers shall have proclaimed, in accordance with
said statements, who have been elected
proclamation of the candidates who won - Last Act necessary to complete
the election; Result of free, Honest, orderly election
6.81
Failure to assume office proscribed
Section 11 of Omnibus Code office of any official elected who fails or
refuses to take his oath of office within six months from his proclamation
shall be considered vacant, unless said failure is for a cause or causes
beyond his control.
Chapter VII: Pre-Proclamation Controversies
7.88

DEFINITION
Refers to any of the following proceedings which are initiated
before the proclamation of winning candidates:
o Questions pertaining to or affecting the proceedings of the
board of canvassers raised by any candidate or by any
registered political party or coalition of political parties
before the board or directly with the Commission

E.g. Members of Board do not hold legal


appointments or are in fact usurpers
o Issues raised under Secs. 232, 234, 235, and 236 of the
Omnibus Election Code relating to the preparation,
transmission, receipt, custody, and appreciation of the
election returns and certificates of canvass brought in the
first instance before the board of canvassers only
(appealable to the COMELEC within 48 hours)

Enumeration of grounds is restrictive and exclusive


Purpose of a pre-proclamation controversy is to ascertain winner(s)
in the elections on the basis of the election returns duly
authenticated by the board of inspectors and admitted by the
board of canvassers
A pre-proclamation controversy is summary in nature to minimize
delay as little as possible.
o Hence, questions involving the appreciation of the votes
and the conduct of the campaign and the balloting, which
require
more
deliberate
and
necessarily
longer

consideration, are left for examination in the corresponding


election protest
7.89
NO PRE-PROC CASES IN ELECTIONS FOR PRESIDENT, VP,
AND MEMBERS OF CONGRESS

Under Sec. 15 of RA 7166 disallowed pre-proclamation cases


o But canvassing body motu proprio or upon written
complaint of interested persons have authority to correct
manifest errors in the cert. of canvass or election returns
before it
o Questions affecting composition or proceedings of the
board of canvassers may be initiated in the board or
directly with COMELEC
o Any objection on the election returns before the city or
municipal board of canvassers, or on the municipal
certificates of canvass before the provincial boards of
canvassers or direct board of canvassers in MM shall be
specifically noted in the minutes of their respective
proceedings

Jurisdiction/authority of COMELEC over pre-proclamation cases is


limited to those involving elections for regional, provincial, city and
municipal officials relating to the composition or proceedings of the
board of canvassers (in division MR -> en banc)
7.90

EXCEPTIONS; WHERE THERE ARE MANIFEST ERRORS


GR: Sec 17, Art VI of the Const electoral tribunal is the sole judge
of all contests relating to the election, returns, and qualifications of
members of Congress
o Exclusive jurisdiction only over issues arising after the
candidate has become a member of Congress and not prior
thereto
o X: where candidates not yet proclaimed and who has not
taken his oath of office COMELEC has jurisdiction

7.91
ANNULMENT OR SUSPENSION OF PROCLAMATION; HEARING
REQUIRED

Section 242 COMELEC may motu proprio or upon written petition,


and after due notice and hearing, order the partial or total
suspension of the proclamation of any candidate-elect or annul
partially or totally any proclamation, if one has been made, as the
evidence shall warrant in accordance with the succeeding sections

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7.92

7.93

COMELEC has no authority, in a pre-proc case, to annul the


proclamation of a candidate or suspend the proclamation or its
effects w/o prior notice and hearing.
2 ways annulment proceedings may be initiated:
o Own initiative
o Written complaint
Suspension of proclamation by COMELEC requires prior hearing, in
w/c the respondent is given notice and opportunity to present his
evidence, and that the complainants evidence of guilt of the
respondent is strong.
ISSUES OF PRE-PROC CONTROVERSY

Proper issues that may be raised:


o Illegal composition or proceedings of the board of
canvassers
o Canvassed returns are incomplete, contain material
defects, appear to be tampered with or falsified, or
contain discrepancies in the same returns or in other
authentic copies thereof (Sec. 233, 234, 235, and 236
of the OEB)
o Election returns were prepared under duress, threats,
coercion, or intimidation, or they are obviously
manufactured or not authentic
o Substitute or fraudulent returns in controverted polling
places were canvassed, the results of which materially
affected the standing of the aggrieved candidate or
candidates
PRE-PROC CONTROVERSY; SCOPE AND LIMITS

Scope (see 7.92) is restrictive and exclusive

All pre-proc controversies shall be disposed of summarily


(Board -> COMELEC, appellate jurisdiction)

Board of Canvassers and COMELEC not to look beyond or


behind election returns which are on their face regular and
authentic returns
o No room for presentation of evidence aliunde
o No inspection of voluminous documents
o No meticulous technical examinations since they will
take up considerable time

A party seeing to raise issues the resolution of w/c would


compel/necessitate COMELEC to pierce the veil of election
returns w/c are prima facie regular on their face -> Remedy is
regular election protest

7.94

Examples of improper pre-proc issues:


o Proceedings of the board of election inspectors, such
as their appreciation of the ballots or their allowing
voters to vote in apparently alphabetical and
chronological sequence
o The question of padding and registry list of voters
o The fact that certain votes were counted by the board
of election inspectors, that should have been
invalidated
o Allegations of massive vote buying and terrorism
Pre-proc is summary in nature. Rules governing presentation of
evidence and appeal from rulings of the board of canvassers
are mandatory, to avoid delay.

ILLEGALITY OF COMPOSITION OF PROCEEDINGS OF BOARD

Where the board is not constituted in accordance with, or is not


composed of those enumerated by the law, the composition of
the board may be declared illegal

Proceedings of the board illegally constituted or which


transacted business w/o a quorum or without due notice of the
members may be declared illegal

Questions affecting composition or proceedings of board of


canvassers may be initiated in the board or directly with the
COMELEC
o Questioning must be filed immediately when the board begins
to act as such, or at the appointment of the members 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

Ruling of the board may be appealed to the COMELEC within 3


days from a ruling thereon

NOTE: If the aggrieved party participates in the proceedings of


the board, he is deemed to have acquiesced to its composition
and cannot thereafter challenge it

7.95
EXCLUSION OF ELECTION RETURNS PREPARED UNDER
DURESS

To warrant exclusion of returns from the canvass on such on such


ground, the returns must contain defects or irregularities apparent
from a physical inspection of the election returns
o Election returns will not be excluded on the mere
allegations that they are manufactured or fictitious when
the returns, on their face, appear regular and wanting of

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any physical signs of tampering, alteration, or other similar
vice.
7.96
SPURIOUS OF RETURNS MUST BE SHOWN ON FACE OF
RETURNS; EXCEPTIONS

That the election returns were obviously manufactured must be


evident from the face of said documents

Absence of a strong evidence establishing spuriousness of the


returns, the basic rule that election returns shall be accorded
prima facie status as bona fide reports of the results of the count of
the votes for canvassing and proclamation must prevail.

Strong evidence of spuriousness of the election returns, other than


the returns themselves, may be accepted to impugn the returns
7.97

MATERIAL DEFECTS IN THE ELECTION RETURNS


Where the objection to the returns is that it contains material
defects and this is found to be so by the board of canvassers, the
board should call the board of election inspectors to correct the
defects
If some requisites of form or data had been omitted in the election
returns, the board of canvassers shall call the board of inspectors
by the most expeditious means to correct the returns (duty
devolves upon the board of canvassers and not upon COMELEC)
Omission of signatures or initials of the members of the board of
election inspectors in the election returns in not a requisite of form
or data that could be corrected because the law requires
signatures of the members of the committee be affixed in full view
of the public immediately after the last voter record or after the
name of the candidate who did not receive any vote Omission is
substantial and makes the return falsified or manufactured

7.98 OBVIOUSLY MANUFACTURED RETURNS

Where no elections were held or members of the board of election


inspectors stated that they never served and did not participate in
any election any election return is manufactured [COMELEC has
jurisdiction to inquire]

An obviously manufactured return one in w/ cit must be evident


from the face of the election return itself that it is, such as when it
had not been issued by the board of election inspectors or it had
been manufactured by some unknown third party
7.99

ARMED MEN DICTATED PREPARATION OF RETURNS

Where the voting was done by persons other than the registered
voters while armed men prepared the ballots and dictates how the
returns were to be prepared no election returns manufactured
[COMELEC has jurisdiction to invalidate the returns involved]
COMELEC has a duty to stigmatize the alleged returns as clearly
spurious and manufactured and therefore bereft of any value

7.100 ELECTION RETURNS ARE NOT SIGNED

When election returns are unsigned by the members of the board


of election returns, this raises serious doubts as to the authenticity
of the return. This justifies exclusion from the canvass
7.101 MANIFEST ERRORS IN THE RETURNS

Manifest errors in the returns include:


A copy of the returns or certificate of canvass was tabulated
more than once
Two or more copies of the election returns of one precinct, or
two or more copies of certificate of canvass were tabulated
separately
There was a mistake in the copying of the figures into the
statement of votes or into the certificate of canvass
The returns from non-existent precincts were included in the
canvass, but this error could not have been remedied even
with the exercise of due diligence and proclamation already
took place.
Board of canvassers failed to include several election returns in
the canvassing.

To be manifest: errors must appear on the face of the certificates of


canvass or on the returns. Objections must be made before the
canvassing board and noted in the minutes.

Manifest errors discovered before proclamation? File with the


COMELEC, may be decided en banc, but in this instance it the
errors must be of a type that it could not be remedied even with
the exercise of due diligence.

Who may correct manifest errors: a) board of canvassers motu


proprio or upon written complaint; and b) the COMELEC

COMELEC can suspend the canvass of votes pending inquiry into


the existence of an anomaly. COMELEC can annul the illegal
canvass and order the board of canvassers to reconvene and
proclaim the winner based on the genuine returns, or replace the
members of the board themselves

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7.103 REMEDY IN CASE OF MANIFEST ERRORS, WHERE CANDIDATE
HAS BEEN PROCLAIMED

Candidate already proclaimed? Remedy is a petition to annul


the proclamation. COMELEC will direct the board of canvassers
to reconvene and to make the necessary corrections and on the
basis thereof proclaim the true winner

Discrepancies between the votes in words/figures and taras/tally?


Taras/tally prevails
7.104 CONTESTED ELECTION RETURNS

Pre-proc cases are deemed terminated at the beginning of the term


of office and the ruling of the board of canvassers is deemed final.
But this does not preclude the filing of an election protest with the
COMELEC. Pre-proc cases should be disposed of at the end of 7
days.

Any party filing a pre-proc case should submit their oral and
written objections to the chairman of the board of canvassers. The
oral objection shall be noted; meanwhile no pre-proc case will
prosper without the requisite written objections. Within 24 hours,
the objecting party must present evidence supporting his/her/their
contentions.

Board shall summarily rule thereon. After the uncontested returns


have been tallied the contested returns will be on hold as the
losing party files a notice of appeal; it shall be only within a nonextendible period of 5 days.

Parties adversely affected shall inform the board of the intent to


appeal, and the board must forward the records of the case to the
COMELEC. Meanwhile, the board shall not proclaim a winner unless
authorized by the Commission. Any proclamation is considered null
and void.
7.105 POWER TO GO BEHIND THE RETURNS; CURRENT RULING

GR: the COMELEC is restricted to an examination of the election


returns on their face and is not allowed to go beyond or investigate
election irregularities
EX: where there is a prima facie showing that the return is
anomalous, then the COMELEC may exclude the said return from
the canvass.
7.106 SUMMARY PROCEEDINGS IN PRE-PROC CASES

Pre-proc cases are determined through summary proceedings not


necessarily ex parte

7.107 CERTIORARI; REMEDY WHEN MR IS DENIED

Appeal from COMELEC division -> COMELEC en banc.

Remedy where there is grave abuse of discretion -> Certiorari


based on Rule 65 with the Supreme Court.
7.108 ALL PRE-PROC CASES TERMINATED AT THE BEGINNING OF
TERM; EXCEPTIONS

All pre-proc cases are deemed terminated at the beginning of the


term; EXCEPT: a) when the COMELEC determines on the basis of
the evidence that the petition is meritorious, so the case is not
included in the Omnibus Order; b) when an appropriate order was
issued by the Supreme Court in a certiorari proceeding; and c)
cases which are not pre-pro controversies.
7.109 RIGHT OF PREVAILING PARTY TO EXECUTION AFTER 5 DAYS

Decision in a pre-proc case executory after 5 days. Execution does


not preclude the filing of an election protest. The COMELEC may
order the proclamation of winners not affected by the proceeding.
7.110 PARTIAL PROCLAMATION

Sec 21, RA 7166


o COMELEC can summarily order the proclamation of other
winning candidates whose election will not be affected by the
outcome of the pre-proc controversy, even without prior notice
and hearing.
o Assumes that the board has made no partial proclamation
7.111 EFFECT
OF
PETITION
TO
ANNUL
OR
SUSPEND
PROCLAMATION

The period to file a quo warranto proceeding is suspended by a


petition to annul or suspend the proclamation.
CHAPTER VIII: POST ELECTION DISPUTE
A. IN GENERAL
8.112. POST-ELECTION DISPUTES, GENERALLY.

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(1) Those which pertain to the casting and counting of votes and raise the
question as to who received the majority of the legal ballots (election
protests or contests)
(2) Those which pertain to the eligibility or disloyalty of the winning
candidates (quo warranto)

5.

8.113. ELECTION PROTEST AND QUO WARRANTO DISTINGUISHED.


Election protest seeks to oust the winning candidate from office.
It is strictly based on grounds of election frauds or irregularity as to who
actually obtained the majority number of votes. It can only be filed by the
candidate who has filed a CoC and has been voted for.
Quo warranto refers to questions of disloyalty or ineligibility of the winning
candidate. It is a remedy to unseat the ineligible person. It can be filed by
any voter.

7.

They cannot be filed together. Although they may be filed separately with
the later case suspended until the termination of the first.
B. ELECTION PROTEST
8.114. ELECTION PROTEST INVOLVING LOCAL OFFICIALS
The COMELEC is the sole judge of all contests relating to elections, returns,
and qualifications of all elective regional, provincial, and city officials.
RTC has jurisdiction over municipal officials
MTC has jurisdiction over baranggay official
An election protest must be filed within 10 days from proclamation of the
winning candidate.
1. May be filed by a candidate who has duly filed a certificate of
candidacy and has been voted to the same office as the
respondent.
2. The following must be allege to confer jurisdiction on the tribunal:
(a) That the protestant was a candidate;
(b) That the protestee had been proclaimed;
(c) That the petition was filed within 10 days after proclamation;
(d) That fraud and election irregularities vitiated the conduct of
elections.
Grounds may include frauds, vote buying, terrorism, flying voters and other
election irregularities.
3. There must be a certification of non-forum shopping.
4. The petition must be filed timely i.e., within 10 days after
proclamation of the winning candidates. The filing of a petition to
annul or suspend the proclamation suspends the running of the 10
days.

6.

The filing fees must be paid together with the filing of the protest
or within 10 days after proclamation or the court will be deprived of
jurisdiction and the protest must be dismissed.
In case no answer to the protest, counter-protest or petition for
quo warranto is filed, a general denial is deemed to have been
entered.
Other Common Principles:
(a) A protestant has the right to withdraw his protest or drop
polling places from his protest.
(b) Public policy demands that an election protest duly
commenced be not abated by the death of either the
protestant or the protestee.
(c) Upon the death of the protestant who seeks to unseat the
protestee, a mayor, the vice mayor has the status of a real
party in interest in the continuation of the proceedings and is
entitled to intervene since if the protest succeeds, the vicemayor succeeds to the office of the mayor that has become
vacant.
(d) The pendency of an election protest is not sufficient basis to
enjoin protestee from assuming office as required by law.

C. QUO WARRANTO
8.115. JURISDICTION
The COMELEC has jurisdiction over petitions for quo warranto involving
regional, provincial and city officials. RTC has jurisdiction if it involves
municipal and barangay officials.
8.116. NATURE OF QUO WARRANTO PROCEEDINGS.
A person authorized by law to file a quo warranto proceeding against one
who is elected to a public office has the personality to files the same even
if he is not claiming nor has no right to the office.
Quo warranto (elective post): eligibility or disloyalty of the candidate-elect.
Quo warranto (appointive post): legality of the appointment.
The petition must be under oath and filed with the Court or the COMELEC,
within 10 days after the proclamation of the results of the election.
D. ELECTORAL TRIBUNAL
8.117. SOLE JUDGE OF ALL CONTESTS.
Art. VI (17) of the 1987 Phil Constitution provides that the Senate and the
House each have an Electoral Tribunal which shall be the sole judge of all
contests relating to the election, returns, and qualifications of their
respective members.
The use of the word sole underscores the exclusive jurisdiction of the
tribunal as judge of contests relating to the members of Congress.

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However, such jurisdiction begins only after proclamation and taking of
oath (when the individual has become a member of the legislative.
8.118. JUDICIAL REVIEW OF TRIBUNALS DECISION
The Supreme Court may exercise judicial review upon a determination that
the tribunals decision was rendered without or in excess of its jurisdiction,
or with grave abuse of discretion, or upon a clear showing of such arbitrary
and improvident use of the tribunals power.
E. PRESIDENTIAL ELECTORAL TRIBUNAL
8.119. ELECTION PROTEST AGAINST ELECTION OF PRESIDENT AND
VICE PRESIDENT.
Art. VIII (4) of the 1987 Philippine Constitution provides that the Supreme
Court, sitting en banc, shall be the sole judge of all contests relating to the
election, returns and qualifications of the President or Vice President, and
may promulgate its rules for the purpose.
CHAPTER IX: ELECTION OFFENSES
9.120 PROHIBITED ACTS (SECTION 261)
a. Vote buying and vote-selling.
1. Any person who gives, offers, or promises money or
anything of value, gives or promises any office or
employment, franchise, or grant, public or private, or
makes or offers to make an expenditure, directly or
indirectly, or cause an expenditure to be made on any
person, association or corporation, entity or community in
other to induce anyone or the public in general to vote for
or against any candidate or withhold his vote in the
election, or to vote for or against any aspirant for the
nomination or choice of a candidate in convention or
similar selection process of a political party; and
2. Any person, association, corporation, group or community
who solicits or receives, directly or indirectly, any
expenditure or promise of any office or employment, public
or private, for any of the foregoing consideration.
b. Conspiracy to bribe voters.
a. Committed by two or more persons, whether
candidates or not
b. Who come to an agreement concerning the votebuying and vote-selling; and

c. Decide to commit it.


Wagering upon result of elections.
a. Committed by any person who bets or wagers upon the
outcomes of, or any contingency connected with an
election;
b. Money or thing of value or deposit of money or thing of
value situated anywhere in the Philippine put as such
bet or wager shall be forfeited to the government.
d. Coercion of subordinates to vote for or against any
candidate.
a. Committed by any public officer or any officer of any
public or private corporation or association, or any
head, superior, or administrator of any religious
organization, or any employer or landowner;
i. Who coerces or intimidates or compels, or in
any manner influences, directly or indirectly,
ii. Any of his subordinates or members or
parishioners or employees or house helpers,
tenants, overseers, farm helpers, tillers, or
leaseholders;
iii. To aid, campaign, or vote for or against any
candidate or any aspirant for the nomination or
selection of candidates.
b. Committed by any public officer or any officer of any
commercial, industrial, agricultural, economic or social
enterprise or public or private corporation of
association, or any head, superior or administrator of
any religious organization, or any employer or
landowner;
i. Who threatens to dismiss by reducing the
salary, wage or compensation, or by demotion,
transfer,
suspension,
separation,
excommunication, ejectment, or causing him
annoyance in the performance of his job or in
his membership;
ii. Any
subordinate
member
or
affiliate,
parishioners, employee or house helper,
tenant, overseer, farm helper, tiller or
leaseholder;
iii. For disobeying or not complying with any of the
acts ordered by the former to aid, campaign or
vote for or against any candidate, or any
c.

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aspirant for the nomination or selection of
candidates.
e. Threats, intimidation, terrorism, use of fraudulent
device or other forms of coercion.
a. Committed by any person;
b. Who, directly or indirectly, intimidates or actually
causes, inflicts or produces any violence, injury,
punishment, damage, loss or disadvantage;
c. Upon any person or persons or that of the immediate
members of his family, his honor or property, or uses
any fraudulent device or scheme;
d. To compel or induce the registration or refraining from
registration of any voter, or the participation in a
campaign, or the casting of any vote or omission to
vote, or any promise of such registration, campaign,
vote, or omission there from.
To justify the exclusion of election returns, the alleged
threats, etc. which attended the preparation of said
returns must have affected the regularity or the
genuineness of the contested returns.
f. Coercion of election officials and employees.
a. Committed by any person;
b. Who, directly or indirectly, threatens, intimidates,
terrorizes, or coerces,
c. Any election official or employee in the performance of
his election functions or duties.
g. Appointment of new employees, creation of new
positions, promotion, or giving salary increases within
the election period.
1.
a.

Committed during the period of 45 days before a


regular election and 30 days before a special election;
b. Committed by any head, official or appointing officer of
a government office, agency, instrumentality, whether
national or local, including GOCC;
i. Who appoints or hires any new employee,
whether provisional, temporary, or cause or
creates and fills any position EXCEPT upon prior
authority of the COMELEC.
The Commission shall not grant the authority
sought unless

1.

It is satisfied that the position to be filled is


essential to the proper functioning of the
office or agency concerned, and
2. The position shall not be filled in a manner
that may influence the election.
EXCEPTION: A new employee may be appointed in case of
urgent need. In such case, notice of the appointment shall
be given to the Commission within three days from the
date of the appointment. Any appointment or hiring in
violation of this provision shall be null and void.
2. Committed by any government official;
i. Who promotes, or gives any increase of salary
or
remuneration
or
privilege
to
any
government official or employee, including
those in GOCC.
h. Transfer of officers and employees in the civil service
within the election period.
a. Committed by any public official
b. Who makes or causes any transfer or detail whatever
of any officer or employee in the civil service including
public school teachers
c. Within the election period EXCEPT prior approval of the
COMELEC.
(The transfer or detail of a government officer or employee will not
be penalized if done to promote efficiency in the government
service.)
* Two elements must be established to prove violation of
the law:
a. The fact of transfer or detail within the election period as
fixed by the COMELEC; and
b. Such transfer or detail was effected without prior approval
of the COMELEC in accordance with its implementing rules
and regulations.
i. Intervening of public officers and employees in the civil
service in any partisan political activity.
a. Committed by any officer or employee in the civil
service, any officer, employee, or member of the
Armed Forces of the Philippines, or any police force,
special forces, home defense forces, barangay selfdefense units and all other para-military units that now
exist or which may hereafter be organized, EXCEPT
those holding political offices;

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b.

Who directly or indirectly, intervenes in any election


campaign or engages in any partisan political activity
EXCEPT to vote or to preserve public order if he is a
peace officer.
j. Use of undue influence.
a. It is unlawful for any person
i. To promise any office or employment, public or
private, or offer to make an expenditure,
directly or indirectly, or to cause an
expenditure to be made to any person,
association or corporation or entity, which may
induce anyone or the public in general, either
ii. To vote or withhold his vote, or to vote for or
against any candidate in an election or any
aspirant for the nomination or selection of an
official candidate in a convention of a political
party.
b. It is unlawful for any person, association, corporation or
community
i. To solicit or receive, directly or indirectly any
expenditure or promise any of the foregoing
considerations.
k. Unlawful electioneering.
a. It is unlawful to solicit votes or undertake any
propaganda
b. On the day of the registration before the board of
election inspectors and on the day of the election;
c. For or against any candidate or any political party
within the polling place and within a radius of 30
meters thereof.
l. Dismissal of employees, laborers or tenants for refusing
or failing to vote for any candidate.
a. No employee or laborer shall be dismissed, nor a
tenant be ejected from his land holdings for refusing or
failing to vote for any candidate of his employer or
landowner.
b. Any employee, laborer or tenant so dismissed or
ejected shall be reinstated and the salary or wage of
the employee or laborer, or the share of the harvest of
the tenant, shall be restored to the aggrieved party
upon application to the proper court.

m. Appointment or use of special policemen, special agents


or the like during the campaign period.
a. Committed during the campaign period, on the day
before and on the election day;
b. Committed by any appointing authority who appoints
or any person who utilizes the services of special
policemen, special agents, confidential agents or
persons
performing
similar
functions;
persons
previously appointed as special policemen, special
agents, confidential agents or persons performing
similar functions who continue acting as such, and
those who fail to turn over their firearms, uniforms,
insignias and other badges of authority to the proper
officer who issued the same.
At the start of the aforementioned period, the barangay captain,
municipal mayor, city mayor, provincial governor or any appointing
authority shall submit to the COMELEC a complete list of all special
policemen, special agents or persons performing similar functions
in the employ of their respective political subdivisions, with such
particulars as the Commission may require.
n. Illegal release or prisoners before and after election.
a. Committed by the Director of the Bureau of
Corrections, any provincial warden, the keeper of the
jail or the person or persons required by law to keep
prisoners in their custody
b. Who illegally orders or allows any prisoner detained in
the national penitentiary, or the provincial, city or
municipal jail to leave the premises thereof 60 days
before and 30 days after the election.
The municipal or city warden, the provincial warden, the keeper of
the jail or the person or persons required by law to keep prisoners
in their custody shall post in three conspicuous public places a list
of the prisoners or detention prisoners under their case. Detention
prisoners must be categorized as such.
o. Use of public funds for an election campaign.
It is committed by any person who uses, under any guise
whatsoever, directly or indirectly:
a. Public funds or money deposited with, or held in trust
by public financing institutions or by government
offices, banks or agencies;
b. Any printing press, radio, television station or
audiovisual equipment operated by the Government or

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by its subdivisions, agencies or instrumentalities,
including GOCC, or by the AFP; or
c. Any equipment, vehicle, facility, apparatus, or
paraphernalia owned by the government or by its
political subdivisions, agencies, including GOCC, or by
the AFP for any election campaign or for any partisan
political activity.
p. Carrying deadly weapons within the prohibited area.
a. Committed by any person
b. Who carries any deadly weapon in the polling place
and within the radius of 100 meters thereof during the
days and hours fixed by law for the registration of
voters in the polling place, voting, counting of votes, or
preparation of election returns.
c. However, in cases of affray, turmoil or disorder, any
peace officer or public officer authorized by the
COMELEC to supervise the election is essential to carry
firearms or any of other weapons for the purpose of
preserving order and enforcing the law.
d. To support conviction, it is not necessary that the
deadly weapon should have been seized from the
accused while he was in the precinct or within a radius
of 100 meters there from. It is enough that the accused
carried the deadly weapon in the polling place and
within a radius of 100 meters thereof.
q. Carrying firearms outside the residence or place of
business.
a. Committed by any person who, although possessing
permits to carry firearms;
b. Carries any firearms outside his residence or place of
business during the election period
c. UNLESS authorized in writing by the COMELEC.
d. A motor vehicle, water or aircraft shall not be
considered a residence or place of business or
extension hereof.
e. This prohibition SHALL NOT APPLY to cashiers and
disbursing officers while in the performance of their
duties or to persons, who by nature of their official
duties, profession, business or occupation habitually
carry large sums of money or valuables.
r. Use of armored land vehicle, water or aircraft during
the campaign period.

a.
b.

Committed by any person


During the campaign period, on the day before and on
election day
c. Uses any armored land, water, or aircraft;
d. Provided with any temporary or permanent equipment
or any other device or contraption for the mounting or
installation of canons, machine guns and other similar
high caliber firearms, including military type tanks,
half trucks, scout trucks, armored trucks, of any make
or model, whether new, reconditioned, rebuilt or
remodeled.
Banking or financial institutions and all business firms may use not
more than 2 armored vehicles strictly for, and limited to, the
purpose of transporting cash, gold bullion, or other valuables in
connection with their business from and to their place of business,
upon previous authority of the COMELEC.
s. Wearing of uniforms and bearing arms outside the
immediate vicinity of ones place of work.
a. It is committed by any member or security or police
organization of government agencies, commissions,
councils, bureaus, offices of GOCC, or privately owned
or operated security, investigative, protective, or
intelligence agencies
i. Who wears his uniform or uses his insignia,
decorations or regalia, or bears arms outside
the immediate vicinity of his place or work.
ii. During the campaign period, on the day before
and on election day;
iii. The prohibition shall not apply when said
member is in pursuit of a person who has
committed or is committing a crime in the
premises he is guarding; or when escorting or
providing security for the transport of payrolls,
deposits, or other valuables; or when guarding
the residence of private persons or when
guarding private residences, building, or
offices. (Prior written approval of the COMELEC
shall be obtained. The Commission shall decide
all applications for authority within 15 days
from the date of the filing of such application.)
b. Committed by any member of the AFP, special forces,
home defense forces, barangay self-defense units and

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all other para-military units that now exist or which
may hereafter be organized
i. Who wears his uniform or bears arms outside
the camp, garrison or barracks to which he is
assigned or detailed or outside their homes, in
case of para-military units, UNLESS:
1. The President of the Philippines shall
have
given
previous
authority
therefore; and
2. The COMELEC authorizes him to do so,
which authority it shall give only when
necessary to assist in maintaining free,
orderly and honest elections, and only
after due notice and hearing.
ii. During the same period, and ending 30 days
thereafter.
During the election period, whenever the Commission finds it
necessary for the promotion of free, orderly, honest and peaceful
elections in a specific area, it shall confiscate or order the
confiscation if firearms of any member or member of the AFP,
police forces, home defense forces, barangay self-defense units,
and all other para-military units that, now exist, or which may
hereafter be organized, or any member or members of the security
or police organization of government departments, commissions,
councils, bureaus, offices, instrumentalities, or GOCC and other
subsidiaries, or of any member or members of privately owned or
operated security, investigative, protective or intelligence agencies
performing identical or similar functions.
t. Acting as bodyguards or security in the case of
policemen and provincial guards during the campaign
period.
a. During the campaign period, on the day before and on
election day;
b. It is committed by any member of the PNP, the AFP,
special forces, home defense forces, barangay selfdefense units, and any other para-military units that
now exist or which hereafter be organized
c. Who acts as bodyguard or security guard of any public
official, candidate or any other person, any of the latter
who utilizes the services of the former as bodyguard or
security guard.

d.

After due notice and hearing, when the life and security
of a candidate is in jeopardy, the COMELEC is
empowered to assign at the candidates choice, any
member of the PNP to act as his bodyguard or security
guard in a number to be determined by the
Commission but not to exceed three per candidate.
e. When the circumstances require immediate action, the
Commission may issue a temporary order allowing the
assignment of any member of the PNP to act as
bodyguard or security guard of the candidate subject
to confirmation or revocation.
u. Organization or maintenance of reaction forces, strike
forces, or other similar forces during the election
period.
a. Committed by any person who organizes or maintains
a reaction force, strike force or similar forces during the
election period;
b. The heads of all reaction forces, strike forces, or similar
forces shall, not later 45 days before the election.
Submit to the COMELEC a complete list of all members
thereof with such particulars as the Commission may
require.
v. Release, disbursement, or expenditure of public funds
during the prohibition period.
a. Committed by any public official or employee including
barangay officials and those of GOCC and their
subsidiaries;
b. During 45 days before a regular election and 30 days
before a special election, releases, disburses or
expends any public funds for any and all kinds of public
works,
1. Any and all kinds of public works, EXCEPT:
i. Maintenance of existing and/or completed
public works project. However, not more than
the average number of laborers or employees
already employed therein during the six-month
period immediately prior to the beginning of
the 45-day period before Election Day shall be
permitted to work during such time. No
additional laborers shall be employed for
maintenance work within the said period of 45
days.

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ii.

Work undertaken by contract through public


bidding held, or by negotiated contract
awarded, before the 45-day period before
election. Work undertaken under the so-called
takay or paquiao system shall not be
considered as work by contract.
iii. Payment for the usual cost of preparation for
working drawings, specification, bills of
materials, estimates, and other procedures
preparatory to actual construction including
the purchase of materials and equipment, and
all incidental expenses of wages of watchmen
and other laborers employed for such work in
the central office and filed storehouses before
the beginning of such period. The number of
such laborers shall not be increased over the
number hired when the project or projects were
commenced; and
iv. Emergency
work
necessitated
by
the
occurrence of a public calamity, but such work
shall be limited to the restoration of the
damaged facility.
No payment shall be made within five days before the date
of election to laborers who have rendered services in
projects or works except those falling under above.
This prohibition shall not apply to ongoing public works
projects commenced before the campaign period or similar
projects under foreign agreements. It shall be the duty of the
government officials or agencies concerned to report to the
COMELEC the list of all such projects being undertaken by them.
2.
i. Ministry of Social Services and development and
any other office in other ministries of the government
performing similar functions
ii. except for salaries of personnel and for such routine and
normal expenses and other expenses authorized by the
Commission after notice and hearing
3.

i. Ministry of Human Settlements and other office in


any other ministry of the government performing similar
functions
ii. except for salaries of personnel and for such other
necessary administrative or other expenses authorized by
the Commission after notice and hearing
w. Construction of public works, etc. during the prohibition
period.
During the period of 45 days preceding a regular election and 30
days before a special election, it is committed by any person who:
a. Undertakes the construction of any public works,
except for projects or works exempted; or
b. Issues, uses or avails of treasury warrants or any
device, undertaking future delivery of money, goods or
other things of value chargeable against public funds.
x. Suspension of elective local official during the election
period without prior approval of the COMELEC.
The provisions of law to the contrary notwithstanding during
election period, it is committed by any public official who
suspends, without prior approval of the COMELEC, any elective,
provincial, city, municipal or barangay officer, unless said
suspension will be for purposes of applying the Anti-Graft and
Corrupt Practices Act in relation to the suspension and removal of
elective officials.
y.

Prohibitions relating to registration of voters:

Any person who:


i. Having all the qualifications and none of the disqualifications
of a voter who fails without justifiable excuse to register as
voter in an election, plebiscite or referendum in which he is
qualified to vote;
ii. Knowingly makes any false or untruthful statement relative
to any of the data or information required in the application
for registration;
iii. Deliberately imprints or who causes the imprinting of blurred
or indistinct fingerprints on any of the copies of the
application for registration or on the voters affidavit; or any
person in charge of the registration of voters who
deliberately or through negligence, causes or allows the
imprinting of blurred or indistinct fingerprints on any of the

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iv.

v.
vi.
vii.
viii.
ix.

x.
xi.

xii.

xiii.

aforementioned registration forms, or any person who


tampers with the fingerprints of said registration records;
Any member of the Board of Election Inspectors who
approves any application which on its face shows that the
applicant does not possess all the qualifications prescribed
by law for a voter; or who disapproves any application which
on its face shows that the applicant possesses all such
qualifications;
Being a registered voter, registers anew without filing an
application for cancellation of his previous registration;
Registers in substitution for another, whether with or without
the latters knowledge or consent;
Tampers with or changes without authority any data or entry
in any voters application for registration;
Delays. Hinders or obstructs another from registering;
Falsely certifies or identifies another as a bona fide resident
of a particular place or locality for the purpose of securing
the latters registration as a voter;
Uses the voters affidavit of another for the purpose of
voting, whether or not he actually succeeds in voting;
Places, inserts or otherwise includes as approved application
for registration in the book of voters or in the provincial or
national central files of registered voters, the application of
any fictitious voter or any application that has not been
approved; or removes from, or otherwise takes out of the
book of voters or the provincial or national central files of
registered voters any duly approved voters application
EXCEPT upon unlawful order of the COMELEC, or of a
competent court or after proper cancellation;
Transfers or causes the transfer of the registration record of a
voter to the book of voters of another polling place, unless
said transfer was due to a change of address of the voter and
the voter was duly notified of his new polling place;
Asks, demands, takes accepts or possesses, directly or
indirectly, the voters affidavit of another, in order to induce
the latter to withhold his vote, or to vote for or against any
candidate in an election or any issue in a plebiscite or
referendum. It shall be presumed prima facie that the asking,
demanding, taking, accepting or possessing is with such
intent if done within the period beginning 10 days before the
election day and ending 10 days after the election day,

xiv.

xv.
xvi.

xvii.

z.
a.

UNLESS the voters affidavit of another and the latter are


both members of the same family.
Delivers, hands over, entrusts, gives, directly or indirectly,
his voters affidavit to another in consideration of money or
other benefit or promises thereof, or takes or accepts such
voters affidavit, directly or indirectly, by giving or causing
the giving of money or other benefit or making or causing
the making of a promise thereof;
Alters in any manner, tears, defaces, removes or destroys
any certified list of voters;
Takes, carries or possesses any blank or unused registration
form already issued to a city or municipality outside of said
city or municipality EXCEPT as otherwise provided in the
Omnibus Election Code or when directed by express order of
the court or of the COMELEC; and
Maliciously omits, tampers or transfer to another list the
name of a registered voter from the official list of voters
posted outside the polling place.
Prohibitions relating to voting:

Any person who:


i. Fails to cast his vote without justifiable excuse;
ii. Votes more than once in the same election, or who, not being
a registered voter, votes in an election;
iii. Votes in substitution for another, whether with or without the
latters knowledge and consent;
iv. Not being illiterate or physically disabled, allows his ballot to
be prepared by another, or any person who prepares the
ballot of another who is not illiterate or physically disabled,
with or without the latters knowledge or consent;
v. Avails himself of any means of scheme to discover the
contents of the ballot of a voter who is preparing or casting
his vote or who has just voted;
vi. Any voter who, in the course of voting, uses a ballot other
than the one given by the Board of Election Inspectors or has
in his possession more than one official ballot;
vii. Places under arrest or detains a voter without lawful cause,
or molests him in such a manner as to obstruct or prevent
him from going to the polling place to cast his vote or from
returning home after casting his vote, or to compel him to
reveal how he voted;

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viii.

ix.

x.
xi.

xii.

xiii.

xiv.

xv.

xvi.
xvii.
xviii.

Charged with the duty of reading the ballot during the


counting of votes whole deliberately omits to read the vote
duly written on the ballot or misreads the vote actually
written thereon or reads the name of a candidate where no
name is written on the ballot;
Charged with the duty of tallying the votes in the tally board
or sheet, election returns or other prescribed form who
deliberately fails to record a vote therein or records
erroneously the votes as read, or records a vote where no
such vote has been read by the chairman;
Who has made possible the casting of more votes than there
are registered voters;
For the purpose of disrupting or obstructing the election
process or causing confusion among the voters, propagates
false and alarming reports or information or transmits or
circulates false orders, directives or messages regarding any
matter relating to the printing of official ballots, the
postponement of the election, the transfer of polling place, or
the general conduct of the election;
Without legal authority, destroys or substitutes or take away
from the possession of those having legal custody thereof, or
from the place where they are legally deposited, any election
form or document or ballot box which contains official ballots
or other documents used in the election;
Having legal custody of the ballot box containing the official
ballots used in the election who opens or destroys said box
or removes or destroys its contents without or against the
order of the COMELEC or who, through his negligence,
enables any person to commit any of the acts, or take away
said ballot box from his custody;
Who knowingly uses ballots other than the official ballots
EXCEPT in those cases where the use of emergency ballots is
authorized;
Any public official who neglects or fails to properly preserve
or account for any ballot box, documents, and other forms
received by him and kept under his custody.
Reveals the contents of the ballot of illiterate or disabled
voter whim he assisted in preparing a ballot;
Without authority, transfers the location of a polling place;
Without authority, prints or causes the printing of any ballot
or election returns that appears as official ballots or election
returns or who distributes or causes the same to be

xix.

xx.

xxi.

xxii.

xxiii.

xxiv.

distributed for use in the election, whether or not they are


actually used;
Without authority, keeps, uses or carries out or causes to be
kept, used, or carried out any official ballot or election
returns or printed proof thereof, type from mould, electrotype
printing plates and any other plate, numbering machines and
other printing paraphernalia being used in connection with
the printing of official ballots or election returns;
Any official or employee of any printing establishment or the
Commission or any member of the committee in charge of
the printing of official ballots or election returns who causes
official ballots or elections returns to be printed in quantities
exceeding those authorized by the Commission or who
distributes, delivers, or in any manner disposes of or causes
to be distributed, delivered, or disposed of, any official ballot
or election returns to any person or persons not authorized
by law or by the Commission to receive or keep official
ballots or election returns or who sends or causes them to be
sent to any place not designated by law or by the
Commission.
Through any act, means pr device, violates the integrity of
any official ballot or election returns before or after they are
used in the election;
Removes, tears, defaces, or destroys any certified list of
candidates posted inside the voting booths during the hours
of voting;
Holds or causes the holding of an election on any other day
than that fixed by law or by the Commission, or stops any
election being legally held; and
Deliberately blurs his fingerprint in the voting record.

(aa) Prohibitions relating to canvassing:


a. Any chairman of the Board of Canvassers who fails to give due
notice of the date, time and place of the meeting of said board to
the candidates, political parties and/or members of the board;
b. Any member of the Board of Canvassers who
i. Proceeds with the canvass of votes and/or proclamation of
any candidate which was suspended or annulled by the
COMELEC;
ii. Proceeds with the canvass of votes and/or proclamation of
any candidate in the absence of quorum, or without giving
due notice of the date, time, and place of the meeting of the

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iii.

board of candidates, political parties, and/or other members


of the board; and
Without authority of the Commission, uses in the canvass of
votes and/or proclamation of any candidate any document
other than the official copy of the election returns.

(bb) Common to all boards of election inspectors or boards of


canvassers:

Any member of any board of election inspectors or board of


canvassers, who:
a.
Deliberate absenting of oneself from their
meetings for the purpose of obstructing/delaying the performance
of its duties and functions
b.
(without justifiable reason) Refusal to sign/certify
any election form required by this Code or prescribed by the
Commission although he was present during the meeting of the
said body.

Any person, who:


c.
Being ineligible for appointment as member of
any board of election inspectors or board of canvassers, accepts an
appointment to said body, assumes office, and actually serves as a
member thereof, or any of public officer or any person acting in his
behalf who appoints such ineligible person knowing him to be
ineligible.
d.
In the presence or within the hearing of any
board of election inspectors or board of canvassers during any of
its meetings, conducts himself in such a disorderly manner as to
interrupt or disrupt the work or proceedings to the end of
preventing said body from performing its functions, either partly or
totally.
(cc) On candidacy and campaign
a. Any political party which holds political conventions or meetings to
nominate its official candidates earlier that the period fixed in this
Code.

Any person, who:


b. Abstracts, destroys or cancels any certificate of candidacy duly
filed and which has not been cancelled upon order of the
Commission.

c.

d.

e.
f.

Misleads the board of election inspectors by submitting any false or


spurious certificate of candidacy or document to the prejudice of a
candidate.
Being authorized to receive certificates of candidacy, receives any
certificate of candidacy outside the period for filing the same and
makes it appear that said certificate of candidacy was filed on
time; or any person who, by means of fraud, threat, intimidation,
terrorism or coercion, causes or compels the commission of said
act.
By any device or means, jams, obstructs or interferes with a radio
or television broadcast of any lawful political program.
Solicits votes or undertakes 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 thirty meters thereof.

(dd) Other prohibitions

Selling/Buying/Serving/Taking of Intoxicating liquor on registration


day/election day/eve of elections in the polling place

Opening
of
a
booth/stall
(selling
wares/merchandise/refreshments/other purposes) in the polling
place or within 30 meters of such place on election day

Holding of fairs, cockfights, boxing, jai-alai, horse races on election


day.

Refusal to carry official election mail matter free of charge during


election period.

Discrimination in the sale of air time against any political


group/candidate.

No Firearms rule:
Who may bear firearms:
o Regular members/officers of PNP
o AFP
o Other law enforcement agencies duly deputized in writing by
COMELEC to carry and possess firearms during the election
period.
Requisites:
o Must be in full uniform showing clearly and legibly the name,
rank, serial number
o In the actual performance of his election duty in the specific
area designated by COMELEC

No bodyguard/security personnel Rule


o Exception: When circumstances warrant (threat to life/security)

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o

When this happens, PNP, AFP, Other law enforcement agency


will be the bodyguards. But same requisites as with the No
Firearms rule (Full uniform, etc)
If ground for the need of security ceases, COMELEC will revoke
authority granting such security.

9.121 COMELEC IS VESTED WITH EXCLUSIVE AUTHORITY TO


CONDUCT INVESTIGATION.

Why? COMELEC vested with the power of a public prosecutor.

It may also delegate such authority to any public prosecutor, but


always subject to the formers control and supervision.

Requisites for courts to acquire jurisdiction over election cases:

But nothing shall exempt such person from criminal prosecution for
perjury or false testimony.
9.122 PROSECUTION OF ELECTION OFFENSES
Remember that COMELEC can deputize public prosecutor (See preceding
number). Here are the effects of prosecution

When public prosecutor conducts preliminary investigation:


a.
Public
prosecutor
submits
his
recommendation (where he resolves issue of probable cause)
b.
Where to Appeal: COMELEC
Ruling would be final and executory

a.

COMELEC has prima facie finding of probable cause


COMELEC conducts preliminary investigation
(through authorized law officer)
c.
COMELEC files information in the proper court
COMELEC cannot conduct a reinvestigation of case without Court
Authority/approval.
COMELEC (or its agents) cannot refuse the Courts order for a
reinvestigation of election cases or submission of record of prelim
investigation
Trial Court can issue order not just the SC
b.

Sec.28, RA 6646 (Prosecution of Vote-buying and vote-selling)

Basis for prosecution:


a. Presentation of complaint
b. Affidavits of complainants, containing
1. Offer or promise by the relatives, leaders or sympathizers of a
candidate
2. Acceptance of money/other consideration from relatives,
leaders or sympathizers of a candidate

Who is liable?
- Giver
- Offeror
- Solicitor
- Acceptor
- Recipient
- Conspirator
NB: But, if the abovementioned voluntarily gives info and willingly
testifies in any election violation = Exemption from prosecution.

When COMELEC conducts preliminary investigation:


a. Investigating officer prepares a report
b. Law Dept makes a recommendation to COMELEC en banc (to
see if there is probable cause)
c. Where to Appeal:
1. COMELEC en banc (via MR of en bancs resolution)
2. SC (via petition for certiorari)
NB: Filing of MR of Resolution prerequisite to SC appeal

9.123 PENALTIES

Under Section 264


1. Imprisonment (1-6 years) without probation
2. Disqualification from holding of public office
3. Deprivation of right to suffrage
*If violator is a foreigner
1. Deportation after service of prison term

* If violator is a political party


1. Fine: P10k and above (after institution of criminal charges
against officials)
Punishment for Failure to Register/Vote (WHAT?!!!) if convicted
1. Fine: P100
2. Disqualification to run for public office in the nest succeeding
election
3. Disqualification to appointment to public office (within 1 year
after conviction)

9.124 ARRESTS
PROHIBITION

IN

CONNECTION

WITH

ELECTION

CAMPAIGN

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Sec 266
o Prohibits arrest/detention of any person of election offenses
without a warrant of arrest issued by a competent judge.
o Warrant of arrest requisites must strictly be complied with
o Loss of right of citizenship and confiscation of property
shall not be imposed on election offenses.
o Violators of this provision: Imprisonment of 6-12 years
This has outlawed arrests in flagrante delicto (caught in the act),
but violators of election offenses may be prosecuted criminally.

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