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JURISTS

BAR REVIEW IN
ELECTION LAWS
[2016 Bar Exams]
I listen and I forget.
I see and I remember.
I do and I understand!
Overview of the Philippine
Electoral System (AES)
Registration of Voters (R.A. 8189)
Rules on Candidacy
Campaign (R.A. 9006)
Casting (R.A. 9369)
E-Counting + E-Transmission
+ E-Consolidation, E-Canvassing, and
Proclamation
Pre-Proclamation Controversies
Election Contests (E.P. or Q.W.)
Prosecution of Election Offenses

3
Flowchart of the Philippine Election Laws

Powers and
Functions of the VOTERS REGISTRATION
COMELEC

Rules on Rules on
(next slide)
CAMPAIGN CANDIDACY
Flowchart

CASTING COUNTING CANVASSING

Pre-Proclamation Controversy

ELECTION OFFENSES ELECTION CONTESTS PROCLAMATION


PRELIMINARY MATTERS

SUFFRAGE - right to vote in election of officers chosen by


people and in the determination of questions submitted to
people.
ELECTION - embodiment of the popular will, the expression
of the sovereign power of the people.
1. Regular election refers to an election participated
in by those who possess the right of suffrage and not
disqualified by law and who are registered voters
2. Special election when there is a failure of election
on the scheduled date of regular election in a particular place
OR which is conducted to fill up certain vacancies, as
provided by law.
SUFFRAGE

Suffrage may also be exercised by qualified Filipinos


abroad. (Article V, Section 2, 1987 Constitution; Sec. 4, R.A.
9189 Overseas Absentee Voting Act of 2003)

Section 2. The Congress shall provide a system for


securing the secrecy and sanctity of the ballot as well as a
system for absentee voting by qualified Filipinos abroad.
(Article V [1st paragraph], 1987 Constitution)

Sec. 4. Coverage. All citizens of the Philippines


abroad, who are not otherwise disqualified by law, at least
eighteen (18) years of age on the day of elections, may vote for
president, vice-president, senators and party-list
representatives. (R.A. 9189)
Plebiscite - electoral process by which an initiative on the
Constitution is approved or rejected by the people
Initiative - power of the people to propose amendments to the
Constitution or to propose and enact legislations through
election called for the purpose.
Referendum - power of the electorate to approve or reject a
piece of legislation through an election called for the purpose
Recall mode of removal of an elective public officer by the
people before the end of his term of office
2012 Bar Exams MCQ

3. The constitutional provision on initiative and


referendum is not self-executing. This is so because it
requires:

a.) an implementing resolution from the COMELEC;


b.) an implementing resolution from the Supreme Court;
c.) an implementing legislation;
d.) an implementing resolution from the party-list
representatives of the House of Representatives.
Flowchart of the Philippine Electoral System

Powers and
Functions of the VOTERS REGISTRATION
COMELEC

Rules on Rules on
(next slide)
CAMPAIGN CANDIDACY
IMPORTANT POWERS and FUNCTIONS of
the
COMMISSION ON ELECTIONS (COMELEC)

Art. IX-C, Sec. 2, 1987 Constitution + Sec. 52, OEC + E.O. 292
1. Enforce and administer all laws and regulations relative to the
conduct of an election, plebiscite, initiative, referendum, and recall.
2. Exercise
- exclusive original jurisdiction all contests relating to the elections,
returns, and qualifications of all elective provincial, city officials;
- appellate jurisdiction over all contests involving:
Elective municipal officials decided by the trial courts of general
jurisdiction
Elective barangay officials decided buy the trial courts of limited
jurisdiction
Decisions, final orders, or rulings of the COMELEC on election contests
involving elective municipal and barangay offices shall be final and
executory, and not appealable.
3. Decide, except those involving the right to vote, all
questions affecting elections, including determination of the
number and location of polling places appointment of election
officials and inspectors, and registration of voters.
4. Deputize, with the concurrence of the President, law
enforcement agencies and instrumentalities of the government,
including the AFP for the exclusive purpose of ensuring free,
orderly, honest, peaceful, and credible elections.
5. Registration of political parties, organization, or
coalition/accreditation of citizens arms of the COMELEC.
6. File, upon a verified complaint, or on its own initiative,
petitions in court for the inclusion or exclusion of voters,
investigate and where appropriate, prosecute cases for
violations of election laws, including acts or omissions
constituting election frauds, offenses and malpractices.
7. Recommend to Congress effective measures to
minimize election spending, including limitation of places
where propaganda materials shall be posted, and to prevent and
penalize all forms of election frauds, offenses, malpractices, and
nuisance candidacies.
8. Recommend to the President the removal of any officer or
employee it has deputized, or the imposition of any other disciplinary
action, for violation or disregard of, or disobedience to it.
9. Submit to the President and Congress a comprehensive report on
the conduct of each election, plebiscite, initiative, referendum, or recall.

10. Exercise supervision and control over officials required to


perform duties relative to the conduct of election

11. Promulgate rules and regulations

12. Summon parties to a controversy pending before it.

13. Punish contempt


Can the COMELEC change
the schedules or periods prescribed by law
for pre-election activities?
FIXING OF DATES

Sec. 29. Designation of Other Dates


for certain Pre-election Acts. - If it should
no longer be reasonably possible to observe
the periods and dates prescribed by law for
certain pre-election acts, the Commission
shall fix other periods and dates in order to
ensure accomplishment of the activities so
voters shall not be deprived of their right of
suffrage. (R.A. 6646)
EN BANC and DIVISION CASES

Section 3. The Commission on Elections may


sit en banc or in two divisions, and shall promulgate
its rules of procedure in order to expedite disposition
of election cases, including pre-proclamation
controversies. All such election cases shall be
heard and decided in division, provided that
motions for reconsideration of decisions shall
be decided by the Commission en banc. (Article
IX-C, 1987 Constitution)
EN BANC and DIVISION CASES

Only decisions of the COMELEC en banc may


be brought to the Supreme Court on certiorari (as a
special civil action under Rule 65 of the Rules of
Court).

Only decisions of the COMELEC made in the


exercise of its quasi-judicial power, not
administrative power, may be brought to the
Supreme Court on certiorari.
EN BANC and DIVISION CASES

Under the Constitution, the power of the


Supreme Court to review election cases falling
within the original exclusive jurisdiction of
the COMELEC only extends to final decisions
or resolutions of the COMELEC en banc, not
to interlocutory orders issued by a Division
thereof. (Sahali, et.al. v. COMELEC, et.al.,
G.R. No. 201796, 15 January 2013)
2011 BAR EXAM

14. The COMELEC en banc cannot hear and


decide a case at first instance EXCEPT when:

A. a Division refers the case to it for direct action.


B. the case involves a purely administrative
matter.
C. the inhibition of all the members of a Division is
sought.
D. a related case is pending before the Supreme
Court en banc.
If COMELEC en banc is
EQUALLY Divided

1. Reheard.
2. If no decision is reached:
DISMISSED (If Original)
AFFIRMED (If Appealed case)
DENIED (If Incidental matters)
[Sec. 6, RULE 18, COMELEC Rules of Procedure)
2011 BAR EXAM

60. The COMELEC en banc shall decide a motion


for reconsideration of:

A. the House or Representatives and the Senate


electoral tribunals.
B. the decision of the election registrar.
C. the decision of the COMELEC division
involving an election protest.
D. its own decision involving an election protest.
Flowchart of the Philippine Electoral System

Powers and
Functions of the
COMELEC
VOTERS REGISTRATION

Rules on Rules on
(next slide)
CAMPAIGN CANDIDACY
VOTERS

Qualifications
(Sections 116 & 117 OEC REPEALED)

1. Filipino citizen
2. At least 18 years old on election day
3. Resident of the Philippines for at least
one year immediately before the
election
VOTERS
Qualifications
(Sections 116 & 117 OEC REPEALED)

4. Resident of the city or municipality where he proposes to


vote at least 6 months immediately before the election (Sec.
9, Republic Act No. 8189)
Any person who temporarily resides, in another place
by reason of his employment, educational activities, or
detention does not lose his original residence. (Sec. 9,
Republic Act No. 8189)

5. Not otherwise disqualified by law. (Sec. 9, Republic


Act No. 8189)
Disqualification (Sec. 118 OEC REPEALED)
Section 11. Disqualification. The following shall be
disqualified from registering:
a) Any person who has been sentenced by final
judgment to suffer imprisonment of not less than one (1)
year, such disability not having been removed by plenary
pardon or amnesty: Provided, however, That any person
disqualified to vote under this paragraph shall
automatically reacquire the right to vote upon expiration
of five (5) years after service of sentence;
Disqualification (Sec. 118 OEC REPEALED)
Section 11. Disqualification.

b) Any person who has been adjudged by final judgment by a


competent court or tribunal of having committed any crime involving
disloyalty to the duly constituted government such as rebellion,
sedition, violation of the firearms laws or any crime against national
security, unless restored to his full civil and political rights in
accordance with law: Provided, That he shall automatically reacquire
the right to vote upon expiration of five (5) years after service of
sentence; and

c) Insane or incompetent persons declared as such by


competent authority unless subsequently declared by proper authority
that such person is no longer insane or incompetent. (RA 8189)
Disqualification

May an accused in
detention be allowed to
vote?
DETAINEE VOTING

RESOLUTION No. 9371

SECTION 1. Who are Entitled to Avail of Detainee Voting -


Detainee voting (either through the special polling place inside jails or
escorted voting) may be availed of by any registered detainee whose
registration record is not transferred / deactivated / cancelled / deleted.

SECTION 2. Definition of Terms - As used in this Resolution, the


following terms shall mean:
Detainee Refers to any person: (1) confined in jail, formally
charged for any crime/s and awaiting/undergoing trial; or (2) serving a
sentence of imprisonment for less than one (1) year; or (3) whose
conviction of a crime involving disloyalty to the duly constituted
government such as rebellion, sedition, violation of the firearms laws or
any crime against national security or for any other crime is on appeal;
Suffrage may also be exercised by
qualified Filipinos abroad. (Article V, Section
2, 1987 Constitution; Sec. 4, R.A. 9189
Overseas Absentee Voting Act of 2003)

Section 2. The Congress shall provide a system for securing the secrecy
and sanctity of the ballot as well as a system for absentee voting by
qualified Filipinos abroad. (Article V [1st paragraph], 1987 Constitution)

Sec. 4. Coverage. All citizens of the Philippines abroad, who are not
otherwise disqualified by law, at least eighteen (18) years of age on the
day of elections, may vote for president, vice-president, senators and
party-list representatives. (R.A. 9189)
Nicolas-Lewis, et. al. vs. COMELEC
G.R. No. 162759, 04 August 2006

As may be noted, there is no provision in the dual


citizenship law - R.A. 9225 - requiring "duals" to actually
establish residence and physically stay in the
Philippines first before they can exercise their right to
vote. On the contrary, R.A. 9225, in implicit
acknowledgment that "duals" are most likely non-residents,
grants under its Section 5(1) the same right of suffrage as that
granted an absentee voter under R.A. 9189. It cannot be
overemphasized that R.A. 9189 aims, in essence, to
enfranchise as much as possible all overseas Filipinos who,
save for the residency requirements exacted of an ordinary
voter under ordinary conditions, are qualified to vote.
2012 Bar Exams

13. Margarita was born in 1986 to a Filipino


mother and a Swedish father. She has been
living and continues to live in the US for the
last 20 years and has also been naturalized
as a US citizen. She recently reacquired
Philippine citizenship under RA 9225, the
Citizenship Retention and Reacquisition Act
of 2003. Can Margarita vote in the next
national elections?
2012 Bar Exams
a) Yes. Dual citizens who are not residents may register
under the Overseas Absentee* Voting Law.
b) Yes. Margarita is a Filipino citizen and thus may enjoy
the right to suffrage like everyone else without
registering as an overseas absentee voter.
c) No. Margarita fails the residency requirement under
Section 1, Article V of the Constitution for Filipinos.
d) No. Dual citizens upon renunciation of their Filipino
citizenship and acquisition of foreign citizenship, have
practically and legally abandoned their domicile and
severed their legal ties to their homeland as a
consequence.
Flowchart of the Philippine Electoral System

Powers and
Functions of VOTERS REGISTRATION
the COMELEC

Rules on Rules on
(next slide)
CAMPAIGN CANDIDACY
REGISTRATION

The new system ushered in a


system of continuing registration of
voters whereby application for
registration of voters shall be conducted
daily in the office of the Election Officer
during regular office hours and all
applications for registration shall be
heard and processed on a quarterly
basis (Section 8, R.A. 8189)
#Registration Ban

No registration shall be
conducted during the period
starting 120 days before a regular
election and 90 days before a
special election. No special
registration can be conducted by
the Commission on Elections
within said periods. (Section 8,
Republic Act No. 8189; Akbayan-
Youth v. Commission on
Elections, G.R. No. 147066, March
26, 2001)
REGISTRATION BAN
The clear import of the Courts
pronouncement in Akbayan-Youth is that had the
therein petitioners filed their petition and sought
an extension date that was before the 120-day
prohibitive period, their prayer would have been
granted pursuant to the mandate of RA 8189. In the
present case, as reflected earlier, both the dates of
filing of the petition (October 30, 2009) and the
extension sought (until January 9, 2010) are prior to
the 120-day prohibitive period. The Court, therefore,
finds no legal impediment to the extension prayed for
(Kabataan Party-list, et. al. vs. COMELEC, G.R.
No. 189868, 15 December 2009).
DOUBLE
REGISTRANTS

In all cases where registrants are found to be registered


in two (2) or more districts/cities/municipalities, the latest
registration shall prevail which is deemed to be more in
consonance with the intent of the concerned registered
voters. Accordingly, they shall be allowed to vote only in the
district/city/municipality of their latest registration.

This is distinguished from the policy on


double/multiple registrants found within the same
district/city/municipality where their original registration
shall prevail over subsequent registrations.
DOUBLE
REGISTRANTS

ELECTION OFFENSE (Section 261 (y [5]), of the OEC):

Section 261. Prohibited Acts. - The following shall be guilty


of an election offense:
xxx xxx xxx
(y) On Registration of Voters:
xxx xxx xxx
(5) Any person who, being a registered voter,
registers anew without filing an application for
cancellation of his previous registration.
INCLUSION/EXCLUSION Proceedings
Petitions for Inclusion and
Exclusions may be filed with the
Municipal/ Metropolitan Trial
Courts.

Appeal to Regional Trial


Court within 5 days from receipt
of notice. = immediately final
and executory + no motion for
reconsideration.
INCLUSION/EXCLUSION Proceedings

A petition for
inclusion may only be filed
by a person whose
application had been:
1.) stricken out from the list
of voters or
2.) whose application for
registration was
disapproved.
INCLUSION/EXCLUSION Proceedings

Exclusion: may be filed


by 1.) any registered voter, 2.)
representative of political
party or 3.) the Election
Officer (Sections 34-35,
Republic Act No. 8189) + 4.)
COMELEC (Sec 2 (6), Art.
IX-C, 1987 Constitution)
INCLUSION Proceedings

Section 34. (R.A. 8189) Petition for


Inclusion of Voters in the List. Any person whose
application for registration has been disapproved
by the Board or whose name has been stricken out
from the list may file with the court a petition to
include his name in the permanent list of voters in
his precinct at any time except one hundred
five (105) days prior to a regular election
or seventy-five (75) days prior to a special
election. xxx
xxxx xxxx xxxx
EXCLUSION Proceedings

Section 35. (R.A. 8189) Petition for Exclusion of Voters


from the List. Any registered voters, representative of a
political party or the Election Officer, may file with the court
a sworn petition for the exclusion of a voter from the
permanent list of voters giving the name, address and the
precinct of the challenged voter at any time except one
hundred (100) days prior to a regular election or
sixty-five (65) days before a special election. xxx

xxxx xxxx xxxx


2011 BAR EXAM

22. The decision of the Regional Trial


Court on appeals pertaining to inclusions
or exclusions from the list of voters
A. is inappealable.
B. is subject to an action for annulment.
C. may be brought straight to the Supreme
Court.
D. is appealable to the Commission on
Elections.
2001 BAR, Question No. II

Q: Let us suppose that Congress enacted a


law which amended B.P. 881 (particularly
Sections 138, 139, 142, 143) by vesting in the
COMELEC the jurisdiction over inclusion and
exclusion cases filed by voters, instead of the
courts (MTC, then RTC). Is the law valid or
not, and why?
R.A. 8189

Section 27. Deactivation of Registration*.

Section 28. Reactivation of Registration.

Section 29. Cancellation of Registration.


R.A. 8189

Sec. 27. Deactivation of Registration.


a) Any person who has been sentenced by final judgment
to suffer imprisonment for not less than one (1) year*;
b) Any person who has been adjudged by final judgment
by a competent court or tribunal of having caused/committed
any crime involving disloyalty to the duly constituted
government such as rebellion, sedition, violation of the anti-
subversion and firearms laws, or any crime against national
security*;
c) Any person declared by competent authority to be
insane or incompetent;
R.A. 8189

Sec. 27. Deactivation of Registration.


d) Any person who did not vote in the two (2)
successive preceding regular elections as shown
by their voting records.
e) Any person whose registration has been
ordered excluded by the Court; and
f) Any person who has lost his Filipino
citizenship.
g) No Biometrics Registration (RA 10367)
LATEST LAW

Mandatory Biometrics Registration (RA 10367)

Requires all registered voters whose biometrics


had not been captured to submit themselves for
validation starting 01 July 2013. (Sections 3 & 5)

Voters who fail to summit for validation on or


before the last day of the filing of applications for
registration for purposes of the 2016 national and local
elections, despite due notice, shall be deactivated from
the Registration Record of voters by the Election
Registration Board (ERB) concerned. (Sections 6 & 7)
NO BIO. NO BOTO.

Kabataan Party-list, et.al. vs COMELEC


(G.R. 221318, 16 December 2015)

The assailed regulation on the right to suffrage


was sufficiently justified as it was indeed narrowly
tailored to achieve the compelling state interest of
establishing a clean, complete, permanent and
updated list of voters, and demonstrably the least
restrictive means in promoting that interest.
R.A. 8189

Section 39. Annulment of Book of Voters. The


Commission shall, upon verified petition of any
voter or election officer or duly registered political
party, and after notice and hearing, annul any book of
voters that is not prepared in accordance with the
provisions of this Act or was prepared through fraud,
bribery, forgery, impersonation, intimidation,
force or any similar irregularity, or which
contains data that are statistically improbable.
No order, ruling or decision annulling a book of
voters shall be executed within ninety (90) days
before an election.
R.A. 8189
DOUBLE
REGISTRANTS

In all cases where registrants are found to be registered


in two (2) or more districts/cities/municipalities, the latest
registration shall prevail which is deemed to be more in
consonance with the intent of the concerned registered
voters. Accordingly, they shall be allowed to vote only in the
district/city/municipality of their latest registration.

This is distinguished from the policy on


double/multiple registrants found within the same
district/city/municipality where their original registration
shall prevail over subsequent registrations.
LATEST LAW

Accessible Polling Places for Persons with Disabilities


(PWDs) and Senior Citizens [RA 10366]

Republic Act No. 10366 provides for, among others,


assistance in the accomplishment of registration forms and
accessible polling places for persons with disabilities (PWDs)
and senior citizens.

The law was precisely in line with the objective of Section 29


of the Magna Carta for Persons with Disability (Republic
Act No. 7277) which provides that "polling places should be
made accessible to disabled persons during national and local
elections."
ABSENTEE VOTING

Domestic absentee voting,


public officials temporarily
stationed/assigned in places
other than the place where he/ she
is a registered voter of (e.g. police
officers, military personnel,
officers of the Commission on
Elections, schoolteachers, among
others), in the performance of
his/her election duties, are
allowed to vote in their place of
work.
NEW ABSENTEE VOTING LAW

ABSENTEE VOTING FOR


MEMBERS OF MEDIA
(R.A. 10380)
Now allows media
practitioners to vote on specified
days earlier than Election Day so
that even if on Election Day, they
are assigned to cover election
events away from their place of
registration as voters, they would
nonetheless have the opportunity
to cast their votes.
ABSENTEE VOTING

ABSENTEE VOTING FOR MEMBERS OF MEDIA


(RA 10380)

Members of the media, media practitioners including their


technical and support staff who are actively engaged in the
pursuit of information gathering and reporting or distribution, in
any manner or form, including, but not limited to the following:
1. Print Journalists;
2. Television Journalists;
3. Photo Journalists;
4. Online Journalists;
5. Radio Journalists;
6. Documentary makers;
7. Television/Radio Production;
Under Republic Act No. 9189
otherwise known as the Overseas
Absentee Voting Act of 2003, Filipino
citizens who are overseas Filipino
workers and immigrants and
permanent residents in other
countries (provided that in the latter
case, they file an affidavit that they
will resume actual physical
permanent residence within three
(3) years from approval of
registration) may vote in Philippine
national elections when they are away
from the country on the day of the
elections. (Section 5d, Republic Act
No. 9189)
O.A.V.
Coverage

All citizens of the


Philippines abroad who are not
disqualified by law, at least 18
years of age on election day, may
vote for president, vice president,
senators and party list
representatives. (Sec. 4),
Republic Act No. 9189.
O.A.V.
Disqualifications
a. Those who lost their Filipino citizenship.
b. Those who expressly renounced their Philippine citizenship and
pledged allegiance to a foreign country.
c. Those convicted by final judgment of an offense punishable by
imprisonment of at least one year, including those found guilty of
disloyalty under Article 137 of the Revised Penal Code.
d. An immigrant or permanent resident recognized as such in the host
country, unless he executes an affidavit that he will resume actual physical
permanent residence in the Philippines within 3 years of his registration.
i. The affidavit shall also state that he has not applied for
citizenship in another country
ii. Failure to return shall be cause for removal of his name
from the registry of absentee voters and his permanent disqualification
to vote in absentia. (R.A. 10590 OVERSEAS VOTING ACT)
e. A citizen of the Philippines declared insane or incompetent by
competent authority in the Philippines or abroad. (Sec. 5, R.A. 9189).
O.A.V. Residency
As may be noted, there is no provision in the dual
citizenship law - R.A. 9225 - requiring "duals" to actually
establish residence and physically stay in the Philippines first
before they can exercise their right to vote. On the contrary,
R.A. 9225, in implicit acknowledgment that "duals" are most
likely non-residents, grants under its Section 5(1) the same
right of suffrage as that granted an absentee voter under R.A.
9189. It cannot be overemphasized that R.A. 9189 aims, in
essence, to enfranchise as much as possible all overseas
Filipinos who, save for the residency requirements exacted of
an ordinary voter under ordinary conditions, are qualified to
vote. (Nicolas-Lewis, et. al. vs. COMELEC, G.R. No. 162759,
04 August 2006)
O.V.A.
No more affidavits binding Filipinos to return in 3 years under the
OVA (R.A. 10590)

Among the salient amendments to R.A. 9006 is the deletion of Section 5


(d) where an immigrant or a permanent resident must execute upon
registration an affidavit prepared by the Commission on Elections
declaring that he or she shall resume actual physical permanent residence
in the Philippines not later than 3 years from approval of his or her
registration. This section bears with it the threat of removal of the
immigrants or permanent residents name from the National Registry of
Absentee Voters if he or she indeed fails to return to the homeland within
the three year period.
Political Parties

5. Registration of political parties,


organization, or coalition and accreditation
of citizens arms of the COMELEC.
After sufficient publication
Platform of government
Political Parties

RA 7941, Party-list Act:


b.) A political party refers to an organized group of
citizens advocating an ideology or platform,
principles and policies for the general conduct of
government and which, as the most immediate
means of securing their adoption, regularly
nominates and supports certain of its leaders and
members as candidates for public office.
Registration of Political Parties

The following political parties cannot be registered:


1. Religious sects
2. Those which seek to achieve their goals through
unlawful means
3. Those which refuse to adhere to the
Constitution
4. Those which are supported by any foreign
government [Sec. 2(5), Article IX-C of 1987 Constitution]
Registration of Parties

MAGDALO PARA SA PAGBABAGO


vs.
COMMISSION ON ELECTIONS
G.R. No. 190793, 19 June 2012,

Public knowledge of facts pertaining to


employment of violence and unlawful means to achieve
ones goals is within the determination of the COMELEC,
and such fact is sufficient to deny a party registration and
accreditation.
In view, however, of the subsequent amnesty
granted in favor of the members of MAGDALO, the events
that transpired during the Oakwood incident can no
longer be interpreted as acts of violence in the context of
the disqualifications from party registration.
Registration of Parties

ANG LADLAD LGBT PARTY ,


vs.
COMMISSION ON ELECTIONS
G.R. No. 190582 , 08 April 2010

As such, we hold that moral disapproval, without


more, is not a sufficient governmental interest to
justify exclusion of homosexuals from participation
in the party-list system. The denial of Ang Ladlads
registration on purely moral grounds amounts more to a
statement of dislike and disapproval of homosexuals,
rather than a tool to further any substantial public interest.
Respondents blanket justifications give rise to the
inevitable conclusion that the COMELEC targets
homosexuals themselves as a class, not because of any
particular morally reprehensible act. It is this selective
targeting that implicates our equal protection clause.
Registration of Parties
ATONG PAGLAUM , Inc. vs.
COMMISSION ON ELECTIONS
G.R. No. 203766 April 2, 2013
How then should we harmonize the broad policy declaration in Section
2 of R.A. No. 7941 with its specific implementing provisions, bearing in mind the
applicable provisions of the 1987 Constitution on the matter?

The phrase "marginalized and underrepresented" should refer only


to the sectors in Section 5 that are, by their nature, economically
"marginalized and underrepresented." These sectors are: labor, peasant,
fisherfolk, urban poor, indigenous cultural communities, handicapped, veterans,
overseas workers, and other similar sectors. For these sectors, a majority of the
members of the sectoral party must belong to the "marginalized and
underrepresented." The nominees of the sectoral party either must belong
to the sector, or must have a track record of advocacy for the sector
represented. Belonging to the "marginalized and underrepresented" sector does
not mean one must "wallow in poverty, destitution or infirmity." It is sufficient
that one, or his or her sector, is below the middle class. More specifically, the
economically "marginalized and underrepresented" are those who fall in the low
income group as classified by the National Statistical Coordination Board.
Registration of Parties
ATONG PAGLAUM , Inc. vs.
COMMISSION ON ELECTIONS
G.R. No. 203766 April 2, 2013

The recognition that national and regional parties, as


well as sectoral parties of professionals, the elderly, women and
the youth, need not be "marginalized and underrepresented"
will allow small ideology-based and cause-oriented parties who
lack "well-defined political constituencies" a chance to win seats
in the House of Representatives. On the other hand, limiting to
the "marginalized and underrepresented" the sectoral parties
for labor, peasant, fisherfolk, urban poor, indigenous cultural
communities, handicapped, veterans, overseas workers, and
other sectors that by their nature are economically at the
margins of society, will give the "marginalized and
underrepresented" an opportunity to likewise win seats in the
House of Representatives.
Registration of Parties
LATEST GUIDELINES
Based on the Atong Paglaum cases

1. Three different groups may participate in the party-list


system: (1) national parties or organizations, (2) regional parties or
organizations, and (3) sectoral parties or organizations.

2. National parties or organizations and regional parties or


organizations do not need to organize along sectoral lines and do not
need to represent any "marginalized and underrepresented" sector.

3. Political parties can participate in party-list elections provided


they register under the party-list system and do not field candidates in
legislative district elections. A political party, whether major or not, that
fields candidates in legislative district elections can participate in party-list
elections only through its sectoral wing that can separately register under the
party-list system. The sectoral wing is by itself an independent sectoral party,
and is linked to a political party through a coalition.
Registration of Parties
LATEST GUIDELINES
Based on the Atong Paglaum cases

4. Sectoral parties or organizations may either be "marginalized and


underrepresented" or lacking in "well-defined political constituencies." It is enough that
their principal advocacy pertains to the special interest and concerns of their sector. The sectors
that are "marginalized and underrepresented" include labor, peasant, fisherfolk, urban poor,
indigenous cultural communities, handicapped, veterans, and overseas workers. The sectors that
lack "well-defined political constituencies" include professionals, the elderly, women, and the
youth.

5. A majority of the members of sectoral parties or organizations that represent the


"marginalized and underrepresented" must belong to the "marginalized and underrepresented"
sector they represent. Similarly, a majority of the members of sectoral parties or organizations
that lack "well-defined political constituencies" must belong to the sector they represent. The
nominees of sectoral parties or organizations that represent the "marginalized and
underrepresented," or that represent those who lack "well-defined political constituencies,"
either must belong to their respective sectors, or must have a track record of advocacy for their
respective sectors. The nominees of national and regional parties or organizations must be bona-
fide members of such parties or organizations.

6. National, regional, and sectoral parties or organizations shall not be disqualified


if some of their nominees are disqualified, provided that they have at least one nominee who
remains qualified.
Flowchart of the Philippine Electoral System

Powers and
Functions of VOTERS REGISTRATION
the COMELEC

(next slide)
Rules on Rules on
CAMPAIGN CANDIDACY
RULES ON CANDIDACY

The term candidate refers to any person


aspiring for or seeking an elective public office who
has filed his certificate of candidacy and who has
not died or withdrawn or otherwise disqualified
before the start of the campaign period for which
he filed his certificate of candidacy. Provided, That,
unlawful acts or omissions applicable to a candidate
shall take effect only upon the start of the aforesaid
campaign period. (COMELEC Resolution No. 8678)
RESOLUTION Nos. 9615
and 10049
A broader definition of the term "candidate" was adopted by the
COMELEC in Resolution Nos. 9615 (2013) and 10049 (2016) :

The term candidate refers to any person seeking an elective public office,
who has filed his certificate of candidacy, and who has not died, withdrawn his
certificate of candidacy, had his or her certificate of candidacy denied due
course or cancelled, or has been otherwise disqualified before the start of
the campaign period for which he or she filed his certificate of candidacy.
Provided, that, unlawful acts or omissions applicable to a candidate shall take effect
only upon the start of the aforesaid campaign period.

It also refers to any registered national, regional, or sectoral party,


organization or coalition thereof that has filed a manifestation of intent to
participate under the party-list system, which has not withdrawn the said
manifestation, or which has not been disqualified before the start of the campaign
period.
RULES ON CANDIDACY
Prohibition against multiple candidacies
Section 73. Certificate of candidacy. xxx

No person shall be eligible for more than one office to be filled in


the same election, and if he files his certificate of candidacy for more than
one office, he shall not be eligible for any of them.

However, before the expiration of the period for the filing of


certificates of candidacy, the person who has was filed more than one
certificate of candidacy may declare under oath the office for which he
desires to be eligible and cancel the certificate of candidacy for the other
office or offices.

The filing or withdrawal of a certificate of candidacy shall not


affect whatever civil, criminal or administrative liabilities which a candidate
may have incurred. (OEC)
DEADLINE for FILING
Certificate Of Candidacy

FOR MANUAL ELECTIONS:

Certificate of candidacy must be filed not


later than the day before the date for the beginning
of the campaign period. (Sec. 7, Republic Act No.
7166)
DEADLINE for FILING
Certificate Of Candidacy

FOR AES:
xxx the Commission shall set the deadline for the filing of
certificate of candidacy/petition of registration/manifestation to
participate in the election. Any person who files his certificate of
candidacy within this period shall only be considered as a
candidate at the start of the campaign period for which he filed
his certificate of candidacy: Provided, That, unlawful acts or
omissions applicable to a candidate shall effect only upon that start of
the aforesaid campaign period: Provided, finally, That any person
holding a public appointive office or position, including active
members of the armed forces, and officers, and employees in
government-owned or-controlled corporations, shall be considered
ipso factor resigned from his/her office and must vacate the same at
the start of the day of the filing of his/her certification of
candidacy. (Sec. 13, R.A. No. 9369)
QUALIFICATIONS OF
CANDIDATES
FOR PRESIDENT and VICE-PRESIDENT
(Secs 2,3,4,7,8,9,10, Article VII, 1987 Constitution)

FOR SENATORS (Secs. 2,3,4, Article VI, 1987 Constitution)

FOR MEMBERS OF THE HOUSE OF REPRESENTATIVES


(Secs. 5, 6, 7, 9, Article VI, 1987 Constitution)

FOR ELECTIVE LOCAL GOVERNMENT OFFICIALS


(Sec. 39, R.A. 7160, The Local Government Code of 1991 [LGC])
QUALIFICATION OF CANDIDATES
(as per 2015 bar coverage)

FOR PRESIDENT and VICE-PRESIDENT


(Article VII, 1987 Constitution)

Section 2. No person may be elected President


unless he is a natural-born citizen of the Philippines, a
registered voter, able to read and write, at least forty
years of age on the day of the election, and a resident of
the Philippines for at least ten years immediately
preceding such election.

Section 3. There shall be a Vice-President who shall


have the same qualifications and term of office and be
elected with, and in the same manner, as the President. xxx
QUALIFICATION OF CANDIDATES
(as per 2015 bar coverage)

FOR SENATORS
(Article VI, 1987 Constitution)

Section 3. No person shall be a Senator unless he is a


natural-born citizen of the Philippines and, on the day of
the election, is at least thirty-five years of age, able to read
and write, a registered voter, and a resident of the
Philippines for not less than two years immediately
preceding the day of the election.
QUALIFICATION OF CANDIDATES
(as per 2015 bar coverage)

FOR MEMBERS OF THE HOUSE OF REPRESENTATIVES


(Article VI, 1987 Constitution)

Section 6. No person shall be a Member of the House of


Representatives unless he is a natural-born citizen of the
Philippines and, on the day of the election, is at least
twenty-five years of age, able to read and write, and,
except the party-list representatives, a registered voter in
the district in which he shall be elected, and a resident
thereof for a period of not less than one year immediately
preceding the day of the election.
QUALIFICATION OF CANDIDATES
(as per 2015 bar coverage)

FOR PARTY-LIST NOMINEES


Section 9. Qualifications of Party-List Nominees. No person shall be
nominated as party-list representative unless he is a natural-born
citizen of the Philippines, a registered voter, a resident of the
Philippines for a period of not less than one (1)year immediately
preceding the day of the election, able to read and write, a bona fide
member of the party or organization which he seeks to represent for at
least ninety (90) days preceding the day of the election, and is at least
twenty-five (25) years of age on the day of the election.
In case of a nominee of the youth sector, he must at least be
twenty-five (25) but not more than thirty (30) years of age on the day of
the election. Any youth sectoral representative who attains the age of
thirty (30) during his term shall be allowed to continue in office until the
expiration of his term. (R.A. 7941)
QUALIFICATION OF CANDIDATES
(as per 2015 bar coverage)

FOR ELECTIVE LOCAL GOVERNMENT OFFICIALS


(R.A. 7160, The Local Government Code of 1991 [LGC])
Section 39. Qualifications.
(a) An elective local official must be a citizen of the Philippines; a registered voter in
the barangay, municipality, city, or province or, in the case of a member of the sangguniang
panlalawigan, sangguniang panlungsod, or sangguniang bayan, the district where he intends to
be elected; a resident therein for at least one (1) year immediately preceding the day of the
election; and able to read and write Filipino or any other local language or dialect.
(b) Candidates for the position of governor, vice-governor, or member of the
sangguniang panlalawigan, or mayor, vice-mayor or member of the sangguniang panlungsod of
highly urbanized cities must be at least twenty-one (21) years of age on election day.
(c) Candidates for the position of mayor or vice-mayor of independent
component cities, component cities, or municipalities must be at least twenty-one (21) years of
age on election day.
(d) Candidates for the position of member of the sangguniang panlungsod or
sangguniang bayan must be at least eighteen (18) years of age on election day.
(e) Candidates for the position of punong barangay or member of the
sangguniang barangay must be at least eighteen (18) years of age on election day.
(f) Candidates for the sangguniang kabataan must be at least fifteen (15) years
of age but not more than twenty-one (21) years of age on election day. (R.A. 7160, LGC)
EFFECTS OF FILING C.O.C.
Any person holding a public appointive office
or position including active members of the Armed
Forces of the Philippines, and other officers and
employees in government-owned or controlled
corporations, shall be considered ipso facto resigned
from his office upon the filing of his certificate of
candidacy. (Section 66, OEC, as amended)

Any person holding an elective office or position shall


not be considered resigned upon the filing of his certificate
of candidacy for the same or any other elective office or
position.
The QUINTO case

Substantial distinctions clearly exist between elective


officials and appointive officials. The former occupy their
office by virtue of the mandate of the electorate. They are
elected to an office for a definite term and may be removed
therefrom only upon stringent conditions. On the other hand,
appointive officials hold their office by virtue of their
designation thereto by an appointing authority. Some
appointive officials hold their office in a permanent capacity
and are entitled to security of tenure while others serve at the
pleasure of the appointing authority. (Quinto vs. COMELEC,
G.R. No. 189698, 22 February 2010)
2002 BAR, Question No. XIII-A

Q: Mario Habagat, City Legal Officer,


filed a certificate of candidacy for the
position of city of Mayor in the May 14, 2001
elections. Was he ipso facto considered
resigned and is, effective on what date?

A: Mario Habagat was considered ipso facto


resigned upon the filing of his certificate of
candidacy, because being a City Legal Officer, he
is an appointive official. Section 66 of B.P. 881
provides that any person holding a public
appointive office shall be considered ipso facto
resigned upon the filing of his certificate of
candidacy.
2003 BAR, Question No. X

Q: Aldrin Cuna is an incumbent Vice-Mayor of Quezon City.


He intends to run in the regular elections for the position of City
Mayor of Quezon City whose incumbent mayor would have fully
served three consecutive terms by 2004. Would Aldrin have to give
up his position as Vice-Mayor-

a.) Once he files his certificate of candidacy; or


b.) When the campaign period starts; or
c.) Once and if he is proclaimed winner in the election; or
d.) Upon his assumption to the office; or
e.) None of the above
If Aldrin were, instead an incumbent Congressman of
Quezon City, who intends to seek the mayoralty post in Quezon
City, would your answer be the same? If not, which would be your
choice?
A certificate which did not indicate the position for
which the candidate is running may be corrected. (Conquilla
v. Commission on Elections, 332 SCRA 861)

Prohibition against multiple candidacies

1. A person who files a certificate of candidacy for more


than one office should not be eligible for any of them.

2. Before the deadline for filing certificates, he may


withdraw all except one. (Sec. 73, Omnibus Election Code).
The withdrawal need not be file with the office where the
certificate of candidacy was filed, as it is not required by law.
(Go. v. Commission on Elections, 357 SCRA 739)
SEC. 7. Independent Candidate. - An
independent candidate is one who falls
in any of the following circumstances:

-who has not been nominated by a


duly registered political party or
coalition of political parties or its duly
authorized representative;

-whose CONA has been submitted by a


political party or coalition of political
parties not duly registered with the
Commission;
SEC. 7. Independent Candidate.
-who has not accepted a nomination,
or has repudiated his CONA from a
duly registered political party or
coalition of political parties on or before
December 21, 2012;
-who accepts nominations from more
than one duly registered political parties
for the same constituency, except in cases
of coalitions of said political parties;
-whose CONA was filed after the last
day of filing of Certificates of Candidacy;
-whose CONA was not filed together
with his Certificate of Candidacy;
SEC. 7. Independent Candidate.
-whose CONA was cancelled,
withdrawn or substituted by the
nominating party within the period for
the filing of Certificates of Candidacy;
-whose CONA was denied due course
pursuant to the last paragraph of Sec. 6
hereof.
A candidate who accepts nominations
from both national and local registered
political parties shall not be considered
as an independent candidate. (Reso.
9518)
Disqualification TO BE A CANDIDATE

1. Omnibus Election Code

i. Any person declared by competent authority insane or incompetent

ii. Any person sentenced by final judgment for any of the following
offenses:
1) Insurrection, or rebellion
2) Offense for which he was sentenced to penalty of more than 18
months
3) Crime involving moral turpitude (Sec. 12, Omnibus Election
Code)

iii. A permanent resident to or immigrant to foreign country unless he


waives such status (Sec. 68, Omnibus Election Code)
Disqualification OF CANDIDATES

a. Violation of Omnibus Election Code


i. Giving money or other material consideration to
influence voters or public officials performing electoral functions.
ii. Committing acts of terrorism to enhance his candidacy
(Dangka v. Commission on Elections, 323 SCRA 887)
iii. Spending in his election campaign in excess of the
amount allowed by the Code
iv. Soliciting, receiving or making any prohibited
contribution
v. Violation of Section 80, 83, 85, 86 and 261, paragraphs d,
e, k, v, and cc, sub-paragraph 6 (Sec. 68, Omnibus Election Code)
b. Nuisance candidate * (Sec. 69, Omnibus Election Code)
c. Falsity of material representation in certificate of candidacy.
(Sec. 78 Omnibus Election Code)
Disqualification OF CANDIDATES

a. Violation of Omnibus Election Code


iii. Spending in his election campaign in excess of the
amount allowed by the Code
Section 13. (a) For candidates. - Ten pesos (P10.00) for
President and Vice-President; 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. (R.A. 7166)
Disqualification OF CANDIDATES

a. Violation of Omnibus Election Code


iv. Soliciting, receiving or making any
prohibited contribution
Sec. 89. Transportation, food and drinks.
Sec. 95. Prohibited contributions.
Sec. 96. Soliciting or receiving contributions from
foreign sources.
Sec. 97. Prohibited raising of funds.
Sec. 104. Prohibited donations by candidates,
treasurers of parties or their agents.
Disqualification OF CANDIDATES

a. Violation of Omnibus Election Code


v. Violation of Section 80, 83, 85, 86 and 261, paragraphs
d, e, k, v, and cc, sub-paragraph 6 (Sec. 68, Omnibus Election Code)
Section 80 (pre-mature campaigning) of the OEC no longer applicable under
Section 15, R.A. 8436, amended by Section 13 of R.A.9369

Sec. 83. Removal, destruction or defacement of lawful election


propaganda prohibited. - It shall be unlawful for any person during the
campaign period to remove, destroy, obliterate, or in any manner deface or
tamper with, or prevent the distribution of lawful election propaganda.

Section 85 of the OEC has already been repealed by Section 14 of R.A. 9006.
Section 86 of the OEC has already been repealed by Section 6 of R.A. 9006.
Section 261 (d) of the OEC has already been repealed by Section 2 of R.A. 7890.

Sections 261 (e) , (k), (v) and (cc) of the OEC are still valid.
Disqualification OF CANDIDATES

b. Nuisance candidate (Sec. 69,


Omnibus Election Code)
Motu propio or upon a verified petition of
interested party
Refuse to give due course to or cancel a
COC
1. To put the election process in mockery or
disrefute
2. To cause confusion among voters by
similarity of names of the registered
candidate
3. Other circumstances or acts which clearly
demonstrate that the candidate has no
bona fide intention to run for office
Should the votes cast for such nuisance
candidate be considered stray or
counted in favor of the bona fide
candidate?

In Bautista vs. COMELEC, G.R. No. 133840,


13 November 1998, the Supreme Court said that the
votes cast for the mayoralty candidates separately
tallied on orders of the COMELEC Chairman was for
the purpose of counting the votes later and are not
stray votes.

In the case of Martinez III vs. House of


Representatives Electoral Tribunal, G.R. No.
189034, 11 January 2010, the Supreme Court upheld
the basic rule that the primordial objective of
election laws is to give effect to, rather than frustrate,
the will of the voter.
Should the votes cast for such nuisance
candidate be considered stray or
counted in favor of the bona fide
candidate in an AUTOMATED
ELECTION?

The Supreme Court ruled NOT


to consider the votes cast for a
nuisance candidate as stray but to
count them in favor of the bona
fide candidate.
in an AUTOMATED ELECTION?

The possibility of confusion in names


of candidates if the names of nuisance
candidates remained on the ballots on
election day, cannot be discounted or
eliminated, even under the automated
voting system especially considering that
voters who mistakenly shaded the oval
beside the name of the nuisance candidate
instead of the bona fide candidate they
intended to vote for could no longer ask for
replacement ballots to correct the same.
(Dela Cruz vs. COMELEC, G.R. No. 192221,
13 November 2012)
Dela Cruz vs. COMELEC,
G.R. No. 192221, 13 November 2012

NUISANCE CANDIDATES
Moreover, private respondent
admits that the voters were properly
informed of the cancellation of COC of
Aurelio because COMELEC published the
same before election day. As we
pronounced in Bautista, the voters
constructive knowledge of such cancelled
candidacy made their will more
determinable, as it is then more logical to
conclude that the votes cast for Aurelio
could have been intended only for the
legitimate candidate, petitioner.
Disqualification OF CANDIDATES

c. Falsity of material
representation in certificate
of candidacy. (Sec. 78
Omnibus Election Code)
Verified petition
Exclusively on the ground that
any MATERIAL representation
contained in the COC as
required under Sec. 74 is
FALSE
Petition to Deny Due
Course or Cancel COC cases
The use by a married woman of the surname of her husband in
her certificate of candidacy when their marriage is bigamous does not
constitute falsity of a material representation, since she had no intention
to deceive and mislead the public as to her true identity. (Victorino
Salcedo II v. COMELEC and Emerlita Cacao Salcedo, G.R. No. 135886,
16 August 1999)

Lonzanida's certificate of candidacy was cancelled because he was


ineligible or not qualified to run for Mayor. Whether his certificate of
candidacy is cancelled before or after the elections is immaterial because
the cancellation on such ground means he was never a candidate from the
very beginning, his certificate of candidacy being void ab initio. There was
only one qualified candidate for Mayor in the May 2010 elections
Antipolo, who therefore received the highest number of votes. (Aratea v.
COMELEC, G.R. No. 195229, 09 October 2012)
G.R. No. 206698, 25 February 2014
LUIS R. VILLAFUERTE vs. COMELEC and
MIGUEL R. VILLAFUERTE
AT ALL EVENTS, the use of a name other than that stated in the
certificate of birth is not a material misrepresentation, as "material
misrepresentation" under the earlier-quoted Section 78 of the Omnibus Election
Code refers to "qualifications for elective office." It need not be emphasized that
there is no showing that there was an intent to deceive the electorate as to private
respondents identity, nor that by using his Filipino name the voting public was
thereby deceived.

Clearly, from the foregoing, for the petition to deny due course or cancel
the COC of one candidate to prosper, the candidate must have made a material
misrepresentation involving his eligibility or qualification for the office to which
he seeks election, such as the requisite residency, age, citizenship or any other legal
qualification necessary to run for local elective office as provided in the Local
Government Code. Hence, petitioners allegation that respondents nickname
"LRAY JR. MIGZ" written in his COC is a material misrepresentation is devoid of
merit. Respondent's nickname written in the COC cannot be considered a material
fact which pertains to his eligibility and thus qualification to run for public office.
Petition for disqualification (Sec. 68) vs.
Petition to cancel or deny due course to a COC (Sec. 78)
G.R. No. 202202 March 19, 2013
SILVERIO R. TAGOLINO, Petitioner,
vs.
HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL and LUCY MARIE TORRES-
GOMEZ, Respondents

In fine, the Court observes that the HRET wantonly disregarded the law by
deliberately adopting the COMELEC En Bancs flawed findings regarding private
respondents eligibility to run for public office which essentially stemmed from her
substitution. In this light, it cannot be gainsaid that the HRET gravely abused its
discretion.

Owing to the lack of proper substitution in its case, private respondent was
therefore not a bona fide candidate for the position of Representative for the Fourth
District of Leyte when she ran for office, which means that she could not have been
elected. Considering this pronouncement, there exists no cogent reason to further
dwell on the other issues respecting private respondents own qualification to office.
The PENERA case

Section 79(a) of the Omnibus Election Code defines a


candidate as any person aspiring for or seeking an elective
public office, who has filed a certificate of candidacy x x x.
The second sentence, third paragraph, Section 15 of RA 8436,
as amended by Section 13 of RA 9369, provides that [a]ny
person who files his certificate of candidacy within [the
period for filing] shall only be considered as a candidate at the
start of the campaign period for which he filed his certificate
of candidacy. The immediately succeeding proviso in the
same third paragraph states that unlawful acts or omissions
applicable to a candidate shall take effect only upon the start
of the aforesaid campaign period. These two provisions
determine the resolution of this case. (Penera vs. COMELEC
,G.R. No. 181613, 25 November 2009)
2011 Bar Exam MCQ

50. Where a candidate for the Senate stated in


his certificate of candidacy that he is single,
when he is very much married, though
separated, his certificate of candidacy:

A. may be canceled.
B. will subject him to a quo warranto action.
C. remains valid
D. may be denied due course.
Effects of disqualification case

a. Any candidate who has been


declared by final judgment to be
disqualified shall not be voted for and
votes cast in his favor shall not be
counted. (Sec. 72, OEC)

b. If a candidate is not declared by


final judgment before an election to be
disqualified the case shall continue and
his proclamation may be suspended if the
evidence of guilt is strong. (Sec. 6,
Republic Act No. 6646, as amended).
SUBSTITUTION OF CANDIDATES

If after the last day for filing


certificates, a candidate dies, withdraws
or is disqualified, he may be
substituted by a person belonging to his
party not later than mid-day of election
day. (Sec. 77, Omnibus Election Code)
SUBSTITUTION OF CANDIDATES

The substitute for a candidate who died or suffered


permanent incapacity or disqualified by final judgment, may
file his certificate of candidacy up to mid-day of election day.
xxx occur between the day before the election and mid-day of
election day, the substitute candidate may file the certificate
with any board of election inspectors in the political
subdivision where he is a candidate, or in the case of a
candidate for President, Vice-President or Senator, with the
Law Department of the Commission on Elections in Manila.
No person who has withdrawn his candidacy for a
position shall be eligible as substitute candidate for any other
position after the deadline for filing of certificates of candidacy.
(Reso. No. 8678)
Rules on Substitution

Substitution of candidates should be allowed


even for barangay elections, as it is not prohibited
by law. (Rulloda v. Commission on Elections, 395
SCRA 535)
Substitution is not allowed if the
certificate of the candidate to be substituted
was cancelled, because he was running for
the fourth consecutive term. (Miranda v.
Abaya, 311 SCRA 617) see: TAGOLINO vs.
HRET An independent candidate who
joined the party of a disqualified candidate
may be nominated as his substitute even if
he joined the party only after the
disqualification. (Sinaca v. Mula, 315 SCRA
266).
SUBSTITUTION OF CANDIDATES
FOR THE 2013 ELECTIONS

SEC. 15. Substitution of Candidates in case of death,


disqualification or withdrawal of another. - If after the last day
for the filing of Certificates of Candidacy, an official candidate of
a duly registered political party or coalition of political parties
dies, withdraws or is disqualified for any cause, he may be
substituted by a candidate belonging to, and nominated by, the
same political party. No substitute shall be allowed for any
independent candidate.

The substitute of a candidate who has withdrawn on or


before December 21, 2012 may file his Certificate of Candidacy
for the office affected not later than December 21, 2012, so that
the name of the substitute will be reflected on the official ballots.
No substitution due to withdrawal shall be allowed after
December 21, 2012.
SUBSTITUTION OF CANDIDATES FOR 2013

SEC. 15. Substitution of Candidates

The substitute for a candidate who died or is


disqualified by final judgment, may file his Certificate of
Candidacy up to mid-day of election day, provided that
the substitute and the substituted have the same
surnames.
If the death or disqualification should occur
between the day before the election and mid-day of election
day, the substitute candidate may file his Certificate of
Candidacy with any Board of Election Inspectors in the
political subdivision where he is a candidate, or in the case
of a candidate for Senator, with the Law Department of the
Commission on Elections in Manila, provided that the
substitute and the substituted candidate have the same
surnames. (Reso. 9518)
Residency Requirement

There is no hard and fast rule to


determine a candidates compliance with
residency requirement since the question of
residence is a question of intention. Still,
jurisprudence has laid down the following
guidelines: (a) every person has a domicile or
residence somewhere; (b) where once
established, that domicile remains until he
acquires a new one; and (c) a person can have
but one domicile at a time. (Limbona v.
Commission on Elections, G.R. No. 181097,
June 25, 2008) [emphasis supplied]
The principle elements of
domicile, physical presence in the
locality involved and intention to
adopt it as his/ her domicile, must
R concur to establish a new domicile.
E A lease contract entered into a little over a year before
S the day of elections does not adequately support a change of
domicile. However, a person who worked in a different town but
I resides in another and is a registered voter and owns property in
D the latter and a person who lived in a house that he/ she bought
for more than 25 years and is a registered voter of that place for
E more than a year meets the residency requirement.
N Registration as a voter in another place is not sufficient to
consider a person to have abandoned his residence. (Domino
C v. Commission on Elections, G.R. No. 134015, July 19, 1999; Papaudayan v.
Commission on Elections, G.R. No. 147909, April 16, 2002; Torayno v.
Y Commission on Elections, G.R. No. 137329, August 9, 2000; Perez v.
Commission on Elections, G.R. No. 133944, October 28, 1999)
G.R. No. 191970 April 24, 2012
ROMMEL APOLINARIO JALOSJOS, Petitioner,
vs.
THE COMMISSION ON ELECTIONS and DAN ERASMO, SR.,
On the other hand, when he came to the Philippines in
November 2008 to live with his brother in Zamboanga Sibugay,
it is evident that Jalosjos did so with intent to change his
domicile for good. He left Australia, gave up his Australian
citizenship, and renounced his allegiance to that country. In
addition, he reacquired his old citizenship by taking an oath of
allegiance to the Republic of the Philippines, resulting in his
being issued a Certificate of Reacquisition of Philippine
Citizenship by the Bureau of Immigration. By his acts, Jalosjos
forfeited his legal right to live in Australia, clearly proving that
he gave up his domicile there. And he has since lived nowhere
else except in Ipil, Zamboanga Sibugay.
LUIS A. ASISTIO,
vs.
HON. THELMA CANLAS TRINIDAD-PE AGUIRRE, Presiding
Judge, Regional Trial Court, Caloocan City, Branch 129, et. al.
G.R. No. 191124 , 27 April 2010

Domicile is not easily lost. To successfully effect a


transfer thereof, one must demonstrate: (1) an actual removal
or change of domicile; (2) a bona fide intention of abandoning
the former place of residence and establishing a new one; and
(3) acts which correspond with that purpose. There must be
animus manendi coupled with animus non revertendi. The
purpose to remain in or at the domicile of choice must be for
an indefinite period of time; the change of residence must be
voluntary; and the residence at the place chosen for the new
domicile must be actual.
ABRAHAM KAHLIL B. MITRA
vs.
COMMISSION ON ELECTIONS, et. al..
G.R. No. 191938 October 19, 2010

With the conclusion that Mitra did not commit any


material misrepresentation in his COC, we see no reason in
this case to appeal to the primacy of the electorates will. We
cannot deny, however, that the people of Palawan have
spoken in an election where residency qualification had
been squarely raised and their voice has erased any doubt
about their verdict on Mitras qualifications.

Under these terms, we cannot be any clearer.


RULES ON CITIZENSHIP?

On Repatriation:
The law (Sec. 2, RA 8171) is clear that repatriation is
effected by taking the oath of allegiance to the Republic of the
Philippines and registration in the proper civil registry and in
the Bureau of Immigration. Hence, in addition to taking the
Oath of Allegiance to the Republic of the Philippines, the
registration of the Certificate of Repatriation in the proper civil
registry and the Bureau of Immigration is a prerequisite in
effecting the repatriation of a citizen. (Altarejos v. COMELEC,
G.R. No. 163256, 10 November 2004)
RULES ON CITIZENSHIP?

On the Retention of Philippine Citizenship:

Failure to renounce foreign citizenship in


accordance with the exact tenor of Section 5(2) of
Republic Act (R.A.) No. 9225 renders a dual citizen
ineligible to run for and thus hold any elective public
office. (Sobejana-Condon v. COMELEC, et.al.,
G.R.No.198742, 10 August 2012)
RULES ON CITIZENSHIP?
There is a disputable presumption that things have
happened according to the ordinary course of nature and
ordinary habits of life. All the foregoing evidence, that a person
with typical Filipino features is abandoned in Catholic Church in a
municipality where the population of the Philippines is
overwhelmingly Filipinos such that there would be more than a
99% chance that a child born in the province would be a Filipino,
would indicate more than ample probability if not statistical
certainty, that petitioners parents are Filipinos. That probability
and the evicdence on which it is based are admissible under Rule
128, Section 4 of the Revised Rules on Evidence.
To assume otherwise is to accept the absurd, if not the
virtually impossible, as the norm. (Natividad S. Poe-Llmanzares
vs COMELEC, et. at., GR Nos. 221697, 21698-700, 08 March 2016)
ROGELIO CABALLERO
vs.
COMMISSION ON ELECTIONS, et. al..
September 2015

Issue: Caballero re-acquired Filipino citizenship on


13 September 2012

Re-acquisition of Filipino citizenship did not


automatically make him regain his residence in
Uyugan. He must still prove that after becoming a
Philippine citizenhe had re-established Uyugan
as his new domicile of choice which is reckoned
from the time he made it as such.
Casan Maquiling vs. COMELEC
(G.R. No. 195649, 16 April 2013)

THREE (3) ISSUES RESOLVED:

1st - Whether or not intervention is allowed in a


disqualification case.
2nd - Whether or not the use of a foreign passport after
renouncing foreign citizenship amounts to undoing a
renunciation earlier made (whether or not the use of a
foreign passport after renouncing foreign citizenship affects
ones qualifications to run for public office.
3rd - Whether or not the rule on succession in the Local
Government Code is applicable to this case.
Casan Maquiling vs. COMELEC
(G.R. No. 195649, 16 April 2013)

1st - Whether or not intervention is allowed in a


disqualification case.
Clearly then, Maquiling has the right to intervene in
the case. The fact that the COMELEC En Banc has already
ruled that Maquiling has not shown that the requisites for
the exemption to the second-placer rule set forth in Sinsuat
v. COMELECare present and therefore would not be
prejudiced by the outcome of the case, does not deprive
Maquiling of the right to elevate the matter before this
Court.
Casan Maquiling vs. COMELEC
(G.R. No. 195649, 16 April 2013)

2nd Whether or not the use of a foreign passport after renouncing


foreign citizenship affects ones qualifications to run for public office.

We agree with the COMELEC En Banc that such act


of using a foreign passport does not divest Arnado of his
Filipino citizenship, which he acquired by repatriation.
However, by representing himself as an American citizen,
Arnado voluntarily and effectively reverted to his earlier
status as a dual citizen. Such reversion was not retroactive;
it took place the instant Arnado represented himself as an
American citizen by using his US passport
Casan Maquiling vs. COMELEC
(G.R. No. 195649, 16 April 2013)

3rd - Whether or not the rule on succession in the Local


Government Code is applicable to this case.

Resolving the third issue necessitates revisiting


Topacio v. Paredes ,which is the jurisprudential spring of the
principle that a second-placer cannot be proclaimed as the
winner in an election contest. This doctrine must be re-
examined and its soundness once again put to the test to
address the ever-recurring issue that a second-placer who
loses to an ineligible candidate cannot be proclaimed as the
winner in the elections.
Casan Maquiling vs. COMELEC
(G.R. No. 195649, 16 April 2013)

3rd - Whether or not the rule on succession in the Local


Government Code is applicable to this case.

To hold that such proclamation is valid is to negate the


prohibitory character of the disqualification which Arnado
possessed even prior to the filing of the certificate of candidacy.
The affirmation of Arnados disqualification, although made long
after the elections, reaches back to the filing of the certificate of
candidacy. Arnado is declared to be not a candidate at all in the
May 2010 elections.
Arnado being a non-candidate, the votes cast in his favor
should not have been counted. This leaves Maquiling as the
qualified candidate who obtained the highest number of votes.
Therefore, the rule on succession under the Local Government
Code will not apply.
Lone Candidate Law (R.A. 8295, AN
ACT PROVIDING FOR THE PROCLAMATION OF A LONE
CANDIDATE FOR ANY ELECTIVE OFFICE IN A SPECIAL
ELECTION, AND FOR OTHER PURPOSES)

Section 2. Proclamation of a lone candidate.


Upon the expiration of the deadline for the filing of the
certificates of candidacy in a special election called to fill
a vacancy in an elective position other than for President
and Vice President, when there is only one (1) qualified
candidate for such position, the lone candidate shall be
proclaimed elected to the position by proper proclaiming
body of the Commission on Elections without holding the
special election upon certification by the Commission on
Elections that he is the only candidate for the office and is
thereby deemed elected.
Flowchart of the Philippine Electoral System

Powers and
Functions of VOTERS REGISTRATION
the COMELEC

(next slide)
Rules on Rules on
CANDIDACY
CAMPAIGN
ELECTION PERIOD

SEC. 9. Article IX-C Unless otherwise fixed by


the Commission in special cases, the election
period shall commence 90 days before the day of
the election and shall end 30 days after. (1987
Constitution)

Sec. 3. Election and campaign periods. - Unless


otherwise fixed in special cases by the Commission
on Elections, which hereinafter shall be referred to
as the Commission, the election period shall
commence ninety days before the day of the
election and shall end thirty days thereafter. (OEC)
PROHIBITED ACTS DURING
ELECTION PERIOD
1. Alteration of territory of a precinct or
establishment of a new precinct. (Sec. 5,
RA 8189).

Sec. 5. - xxxx
No territory comprising an election precinct shall be altered
or a new precinct be established at the start of the election
period.
Splitting of an original precinct or merger of more original
precinct map/s one hundred twenty (120) days before
election day.
PROHIBITED ACTS DURING
ELECTION PERIOD
2. Transfer or movement of officers and
employees in the civil service. (Sec. 261
(h), OEC).

Section 261. Prohibited Acts. - xxxx


(h) Transfer of officers and employees in the civil service. -
Any public official who makes or causes any transfer or
detail whatever of any officer or employee in the civil
service including public school teachers, within the
election period except upon prior approval of the
Commission.
PROHIBITED ACTS DURING
ELECTION PERIOD
3. Prohibited form of raising funds
(dances, lotteries, cockfights, games, boxing
bouts, bingo, beauty contests,
entertainments, etc.) [Sec. 97. OEC.]
Section 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
the commencement of the election period up to and
including election day; xxx
PROHIBITED ACTS DURING
ELECTION PERIOD
3. Prohibited form of raising funds (dances,
lotteries, cockfights, games, boxing bouts, bingo, beauty
contests, entertainments, etc.) [Sec. 97. OEC.]

Section 97. Prohibited raising of funds. xxx; 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; xxx
PROHIBITED ACTS DURING
ELECTION PERIOD

3. Prohibited form of raising funds (dances,


lotteries, cockfights, games, boxing bouts, bingo, beauty
contests, entertainments, etc.) [Sec. 97. OEC.]

Section 97. Prohibited raising of funds. xxx; Provided,


That normal and customary religious stipends, tithes, or
collections on Sundays and/or other designated collection
days, are excluded from this prohibition.
PROHIBITED ACTS DURING
ELECTION PERIOD

4. Bearing, carrying or transporting


firearms or other deadly weapons, unless
authorized in writing by the Commission.
(Sec. 261 (p) (q) (r) and (s), OEC as
amended by Sec. 32, RA 7166).
PROHIBITED ACTS DURING
ELECTION PERIOD

5. Use of security personnel or bodyguards by


candidates, unless authorized in writing by the
Commission. (Sec. 261 (t), OEC as amended by
Sec. 33, RA 7166)
6. Organization or maintenance of reaction
forces, strike forces o other similar forces. (Sec.
261 (u), OEC).
PROHIBITED ACTS DURING
ELECTION PERIOD

7. Suspension of elective local officials. (Sec.


261 (x), OEC)

Sec. 261 (x) Suspension of elective provincial, city, municipal or


barangay officer. - The provisions of law to the contrary
notwithstanding during the election period, any public official
who suspends, without prior approval of the Commission, 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; in which case the provisions of
this section shall be inapplicable.
PROHIBITED ACTS DURING
ELECTION PERIOD

8. Grant, suspension or cancellation of


radio or TV franchise. (Sec. 6.4, R.A.
9006)

Sec. 6. Equal Access to Media Time and Space

(6.4) No franchise or permit to operate a radio or


television station shall be granted or issued,
suspended or cancelled during election period.
CAMPAIGN PERIOD

Sec. 5, R.A. 7166 xxx The campaign


periods are hereby fixed as follows:
(a) For President, Vice-President and
Senators, ninety (90) days before the
day of the election; and
(b) For Members of the House of
Representatives and elective provincial,
city and municipal officials, forty-five
(45) days before the day of the
election.
xxx
The PENERA case

Section 79(a) of the Omnibus Election Code defines a


candidate as any person aspiring for or seeking an elective
public office, who has filed a certificate of candidacy x x x.
The second sentence, third paragraph, Section 15 of RA 8436,
as amended by Section 13 of RA 9369, provides that [a]ny
person who files his certificate of candidacy within [the
period for filing] shall only be considered as a candidate at the
start of the campaign period for which he filed his certificate
of candidacy. The immediately succeeding proviso in the
same third paragraph states that unlawful acts or omissions
applicable to a candidate shall take effect only upon the start
of the aforesaid campaign period. These two provisions
determine the resolution of this case. (Penera vs. COMELEC
,G.R. No. 181613, 25 November 2009)
CAMPAIGN SPENDING

Section 13, R.A. 7166:

P10.00 per registered voter Pres & VP

P3.00 per registered voter - OTHERS

P5.00 per registered voter - if


INDEPENDENT candidate

P5.00 per registered voter - for


POLITICAL PARTIES (& Party-Lists)
RULES AND REGULATIONS GOVERNING
CAMPAIGN FINANCE AND DISCLOSURE

COMELEC RESOLUTION No. 9476

NOT INCLUDED IN THE LIMIT:

1. Employment of counsel;
2. Photocopying of lists of voters, challenging
right to vote;
3. Printing sample ballots. (Sec. 3 [i to k])
Lawful Propaganda

a. Election Propaganda on television, cable


television, radios, newspapers or any other
medium is allowed. (Sec. 3, Republic Act No.
9006)
i. Written or printed materials not exceeding 8
inches by 14 inches. (Sec. 3.1, Republic
Act. No. 9006)
ii. Handwritten or printed letters urging
voters to vote for or against a party of candidate
(Sec. 3.2, Republic Act No. 9006)
Lawful Propaganda

a. Election Propaganda on television, cable television,


radios, newspapers or any other medium is allowed.
(Sec. 3, Republic Act No. 9006)
iii. Posters not exceeding 2 feet by 3 feet, but streamers
not exceeding 3 feet by 8 feet may be displayed at
the site of a rally 5 days before the rally and should
be removed within 24 hours after the rally. (Sec 3.3,
Republic Act No. 9006)
iv. Paid advertisements in print or broadcast
media. (Sec. 3.4, Republic Act No. 9006)
v. All other forms of propaganda not prohibited
by the omnibus Election Code or the Fair Election Act
(Sec. 3.5, Republic Act No. 9006)
Lawful Propaganda
Comelec Reso 10049

e. Mobile units, vehicles motorcade of


all types, whether engine or manpower-
driven or animal-drawn, with or without
sound systems or loud speakers and with
or without lights. (Sec. 6)
g. In the headquarters or residences of
candidates, lawful election paraphernalia
may be displayed, but banners or
streamers are not allowed. (Sec. 6)
COMELEC Resolution No. 10049
PARTISAN POLITICAL ACTIVITY

Personal opinions, views, and


preferences for candidates, contained in blogs
and micro-blogs shall not be considered as
acts of election campaigning or partisan
political activity unless expressed by
government officials in the Executive
Department, the Legislative Department, the
Judiciary, the Constitutional Commissions,
and members of the Civil Service.
COMELEC Resolution No. 9615
POLITICAL ADVERTISEMENT

Political advertising includes


matters, not falling within the scope of
personal opinion, that appear on any
Internet website, including, but not
limited to, social networks, blogging
sites, and micro-blogging sites, in
return for consideration, or
otherwise capable of pecuniary
estimation.
PROHIBITED CAMPAIGN MATERIALS
1. All Printed, Published, or Aired Matters
WITHOUT the words 1.) Political
Advertisement Paid FOR; AND 2.) Political
Advertisement Paid BY

2. Donated materials WITHOUT 1.) written


acceptance; and 2.) contain "printed free of
charge, or airtime for this broadcast was
provided free of charge by

* Must be accompanied by the written acceptance of


the candidate or treasurer of party (Section 10,
COMELEC Reso No. 10049)
PROHIBITED CAMPAIGN MATERIALS
3. Film-showing, etc. of a candidates life or an
actor who is a candidate.
4. Size, Duration, and Frequency matter

5. Media practitioners undue favor or opposition

6. To post outside common poster area, in


public places, and in private properties without
the consent of owner thereof.
Right to Reply
All parties and candidates
have the right to reply to
charges, published against
them. The reply shall be given
the same prominence and
shall be printed in the same
page or section and in the
same time slot as the first
statement. (Sec. 10, Republic
Act No. 9006)
The Diocese of Bacolod vs. COMELEC
GR No. 205728 21 January 2015

In its resolution the SC said the Comelec has no power to regulate the
free expression of private citizens, who were neither candidates nor members of
political parties. It added that the Comelecs actions violated the rights of free
speech and expression of petitioners, and their right to property.

The High Court did not consider the poster as a religious speech even if
it was created under the orders of the Bacolod bishop.

While the tarpaulin may influence the success or failure of the named
candidates and political parties, this does not necessarily mean it is election
propaganda. The tarpaulin was not paid for or posted in return for consideration
by any candidate, political party, or party-list group.

Embedded in the tarpaulin, however, are opinions expressed by


petitioners. It is a specie of expression protected by our fundamental law. It is an
expression designed to invite attention, cause debate, and hopefully, persuade. It
may be motivated by the interpretation of petitioners of their ecclesiastical duty,
but their parishioners actions will have very real secular consequences.
G.R. No. 205357 02 September 2014
GMA NETWORK, INC.
vs.
COMMISSION ON ELECTIONS

The Court agrees. The assailed rule on "aggregate-based" airtime limits


is unreasonable and arbitrary as it unduly restricts and constrains the ability of
candidates and political parties to reach out and communicate with the people.
Here, the adverted reason for imposing the "aggregate-based" airtime limits -
leveling the playing field - does not constitute a compelling state interest which
would justify such a substantial restriction on the freedom of candidates and
political parties to communicate their ideas, philosophies, platforms and programs
of government. And, this is specially so in the absence of a clear-cut basis for the
imposition of such a prohibitive measure. In this particular instance, what the
COMELEC has done is analogous to letting a bird fly after one has clipped its
wings.
It is also particularly unreasonable and whimsical to adopt the
aggregate-based time limits on broadcast time when we consider that the
Philippines is not only composed of so many islands. There are also a lot of
languages and dialects spoken among the citizens across the country. Accordingly,
for a national candidate to really reach out to as many of the electorates as possible,
then it might also be necessary that he conveys his message through his
advertisements in languages and dialects that the people may more readily
understand and relate to. To add all of these airtimes in different dialects would
greatly hamper the ability of such candidate to express himself - a form of
suppression of his political speech.
Prohibited DONATIONS
It is prohibited for any candidate, his
spouse, relative within second degree of
consanguinity or affinity, or representative to
make any contribution for any structure for
public use or for use of any religious or civic
organization, except the normal religious
dues and payments for scholarships
established and school contributions
habitually made before the campaign period.
(Sec. 104, Omnibus Election Code)
Prohibited CONTRIBUTIONS

No political contribution shall be made by the following:


1. Public or private financial institutions.
2. Public utilities and those who exploit natural
resources.
Thus, where an operator of a public utility disguised
a contribution to a candidate for governor as a loan, the
promissory note is void.
3. Persons who hold contracts or sub-contracts to supply
the government with goods or services
Prohibited CONTRIBUTIONS

No political contribution shall be made by the following:


xxx
4. Persons granted franchises, incentives, exemptions or
similar privileges by the government
5. Persons granted loans in excess of P25,000.00 by the
government or any of its subdivisions or instrumentalities
6. Schools which received grants of public funds of at least
P100,000
7. Employees in the Civil Service or members of the Armed
Forces
8. Foreigners. (Sec. 95, Omnibus Election Code)
Statement of contributions
and expenditures
1. Filing

a. Every candidate and treasurer of political party


shall file within 30 days after election day a
statement of contributions and expenditures.

b. No person elected shall assume office until he and


his political party have filed the required
statements.
Statement of contributions
and expenditures

2. Penalties
a. First offense administrative fine from P1,000 to
P30,000
b. Subsequent offense
i. Administrative fine from P2,000 to
P60,000
ii. Perpetual disqualification to hold public
office. (Sec. 14, Republic Act No. 7166)

** Considered as an election offense (Sec. 262,


OEC)
Tax Consequences
(Resolution No. 9476)

Any election contribution, duly reported to the


COMELEC, shall not be subject to payment of
donors tax (RA 7166, Sec. 13, Par. 4)

Unexpended balance from any contribution to


candidate or party shall be subject to income tax
(BIR Revenue Regulation No. 7-2011)
Statement of contributions
and expenditures

Should a candidate who has withdrawn his COC still file his
statement of contributions and expenditures?

It is not improbable that a candidate who withdrew his


candidacy has accepted contributions and incurred expenditures, even in
the short span of his campaign. The evil sought to be prevented by the law
is not all too remote.
xxx xxx xxx
Lastly, we note that under the fourth paragraph of Section 73 of
the B.P. Blg. 881 or the Omnibus Election Code of the Philippines, it is
provided that "[t]he filing or withdrawal of certificate of candidacy shall
not affect whatever civil, criminal or administrative liabilities which a
candidate may have incurred." Petitioner's withdrawal of his candidacy
did not extinguish his liability for the administrative fine. (Pilar vs.
COMELEC, G.R.No. 115245, 11 July 1995)
EMILIO RAMON EJERCITO vs. COMELEC
G.R. 212398, 25 Nov. 2014/17 Feb. 2015

San Luis filed the disqualification case against Ejercito before COMELEC.

Following the COMELEC ruling, Ejercito was replaced by Vice Governor Ramil
Hernandez.

In his defense, Ejercito said the COMELEC committed grave abuse of discretion in
ordering his disqualification as Laguna governor.

The COMELEC resolution should be declared as null and void since the latter
assumed the case filed against him was for his disqualification when it fact it was only
a request to initiate a criminal proceeding for alleged violation of election laws.

He explained that the COMELEC took it upon itself to assume that it was for his
disqualification, contrary to the Omnibus Election Code.

The COMELEC ruling said Ejercito overspent in his campaign expenses, noting that
he shelled out P6 million in just one television advertisement contract, when he is
only allowed to spend P4.5 million for his entire campaign.
2003 BAR, Question No. IX

Q: May the Comelec prohibit the posting of decals and


stickers on mobile places, public or private, such as on
private vehicle, and limit their location only to authorized
posting areas that the Comelec itself fixes?

A: According to Adiong v. Comelec (207 SCRA 712) the


prohibition is unconstitutional. It curtails the freedom of
expression of individuals who wish to express their
preference for a candidate by posting decals and stickers on
their cars and to convince to agree with them.
2012 ESSAY QUESTION

VII. Mayor Pink is eyeing re-election in the next


mayoralty race. It was common knowledge in the town
that Mayor Pink will run for re-election in the coming
elections. The deadline for filing of Certificate of
Cadidacy (CoC) is on March 23 and the campaign period
commences the following day. One month before the
deadline, Pink has yet to file her CoC, but she has been
going around town giving away sacks of rice with the
words "Mahal Tayo ni Mayor Pink" printed on them,
holding public gatherings and speaking about how good
the town is doing, giving away pink t-shirts with 'Kay
Mayor Pink Ako" printed on them.
2012 ESSAY QUESTION

VII.
a. Mr. Green is the political opponent of Mayor Pink. In
April, noticing that Mayor Pink had gained advantage
over him because of her activities before the campaign
period, he filed a petition to disqualify Mayor Pink for
engaging in an election campaign outside the
designated period.
a.1. Which is the correct body to rule on the matter?
Comelec en banc, or Comelec division? Answer with
reasons. (2%)
a.2. Rule on the petition. (5%)
ARREST DURING CAMPAIGN?

Sec 266 of the OEC


Section 266. Arrest in connection with the election
campaign. - No person shall be arrested and/or
detained at any time for any alleged offense
committed during and in connection with any
election through any act or language tending to support
or oppose any candidate, political party or coalition of
political parties under or pursuant to any order of
whatever name or nature and by whomsoever issued
except only upon a warrant of arrest issued by a
competent judge after all the requirements of the
Constitution shall have been strictly complied with.
CASTING
Stage
BEI COMPOSITION

INSPECTORS
BOARD OF ELECTION
ALL PUBLIC SCHOOL TEACHERS taken from a list submitted by the
highest Department of Education Official within city/municipality/school
district. Preference to teachers:
with permanent appointment
who served in the 2013 national and local elections

When NOT POSSIBLE:


private school teachers, civil service employees, or registered
voters of known probity and competence may be appointed

CHAIRMAN (must be a public school teacher)


one (1) member of the BEI shall be an information
technology-capable person as certified by the
Department of Science and Technology (DOST).
Election officer appoints the BEI members.

168
POSTPONEMENT OF ELECTION

When for any serious cause such as


violence, terrorism, loss or destruction of
election paraphernalia, force majeure, and
other analogous causes, the holding of a
free, orderly, honest and credible elections
shall have become impossible, the
Commission on Elections shall motu propio
or upon petition by any interested party
postpone the election not later than 30 days
after the cessation of the cause of the
postponement. (Sec. 5, Omnibus Election
Code)
FAILURE OF ELECTION

If on account of force majeure,


violence, terrorism, fraud or other
analogous cause election in any precinct was
not held or was suspended, or if during the
preparation and transmission of the
election returns or in the custody or
canvass of the election returns, the election
results in failure to elect, and the election
will affect the outcome of the election, on
petition of any interested party, the
Commission on Election shall hold special
election no later than 30 days after the
cessation of the cause. (Sec. 6, Omnibus
Election Code).
Who are entitled to TWO WATCHERS in every polling
place?

WATCHERS
1. Each INDEPENDENT candidate.
2. REGISTERED political party or coalition of political
parties duly registered with the Commission fielding
candidates in the election.
3. Duly ACCREDITED CITIZENS ARM.

The two watchers shall serve


alternately, in every polling place.

171
1. WITNESS and INFORM themselves of
the proceedings of the BEI.

WATCHERS
2. TAKE NOTE of what they may see or
hear.

3. TAKE PHOTOGRAPHS of the :

proceedings and incidents, if any,


during the voting and counting
of votes
NOTE:
generated election returns
CANNOT take photographs
ballot boxes of ballots in possession of
voters.

172
File a protest against any irregularity or
violation of law which they believe may have

WATCHERS
been committed by:
the BEI
any BEI member or
any person
Obtain from the BEI a certificate as to the
filing of such protest and the resolution
thereof

173
DATE, TIME AND PLACE OF VOTING
During voting, no member of the BEI shall
make ANY ANNOUCEMENT as to:

Whether a certain registered voter has


already voted or not
As to how many have already voted
As to how many so far have failed to
vote
Any other fact tending to show or
showing the state of the polls
Any statement at any time, except as
witness before a court or body as to
how many persons voted

174
DATE, TIME AND PLACE OF VOTING
1. Members of the BEI and SUPPORT
STAFF.

2. Watchers who shall stay only in the


SPACE RESERVED for them.

3. REPRESENTATIVES of the Commission.

4. TECHNICAL SUPPORT STAFF assigned in


the voting center duly designated by the
Commission.

5. Voters CASTING their votes.

6. Voters WAITING TO CAST their votes.

7. OTHER persons who may be specifically


authorized by the Commission.

175
DATE, TIME AND PLACE OF VOTING
1. Officers or Members of the AFP.

2. Officers or Members of the PNP.

3. PEACE OFFICERS or ARMED or


UNARMED PERSONS belong to an
extra-legal police agency, special forces,
strike forces, or civilian armed forces
geographical units.

4. BARANGAY TANODS or member of


barangay self-defense units.

5. Members of Barangay self-defense units,


agencies, bureaus, offices or government-
owned or controlled corporations.

6. Members of privately-owned SECURITY


AGENCY.

176
DATE, TIME AND PLACE OF VOTING
The Board, BY MAJORITY VOTE,
order the detail of policemen or
peace officers for:

1.PROTECTION of the BEIs and


the PCOS Machine.

2.PROTECTION of election
documents and paraphernalia.

3.Maintenance of PEACE AND


ORDER.

Note: They must be in proper uniform


and shall stay outside near enough to
be easily called by the board.

177
COUNTING
Stage
APPRECIATION OF BALLOTS

Idem sonans a name or surname


incorrectly written, which, when read, has
a sound similar to the name or surname of
a candidate when correctly written.

Ballots which contain prefixes or


suffixes are valid and are not marked
ones.
Votes in favor of a person who has
not filed a certificate of candidacy or
office which he did not present himself
shall be considered stray but shall not
invalidate the whole ballot.
APPRECIATION OF BALLOTS

The Neighborhood Rule.


Where the name of a candidate is
not written in the proper space in the
ballot, but is preceded by the name of
the office for which he is a candidate, the
vote should be counted as valid for said
candidate. Such rule is usually applied in
consonance with the intent rule which
stems from the principle that in the
appreciation of the ballot, the object should
be to ascertain and carry into effect the
intention of the voter, if it could be
determined with reasonable certainty.
(Batalla v. COMELEC, G.R. No. 184268, 15
September 2009)
NEW COUNTING Stage
(After 6 PM)
BEI goes to OMR
machine and executes BEIs digitally signs 8 copies of ERs printed
command for counting results by the Machines
/printing of results

BEI announces the Posting of 8th Copy


END Results of Election in (local) in the Polling
the Precincts Place
CANVASSING
Stage
PBOC CBOC MBOC
1. Provincial Election 1. City Election Officer 1. Election Officer or
Supervisor or or a lawyer of the a representative of
representative of the Commission as the Commission as
Commission as Chairman; Chairman;
Chairman;
2. City Prosecutor as 2. Municipal
2. Provincial Vice-Chairman; and Treasurer as Vice-
Prosecutor as Vice- Chairman; and
Chairman; and 3. Division
Superintendent of 3. District School
3. District School Schools as Member. Supervisor or in his
Superintendent as absence, the most
Member. senior Principal of
the school district
as Member.
ART. I, SECS.
3, 4 & 5
PBOC
CBOC
1 CCS Operator
DBOC
MBOC
QUALIFICATIONS:
1. INFORMATION TECHNOLOGY-CAPABLE person.

2. DEPUTIZED by the Comelec and a GOVERNMENT


EMPLOYEE.

3. AUTHORIZED to operate the CCS machine.


4. NOT RELATED within the fourth civil degree of
consanguinity or affinity with the board or any candidate.
ART. I, SEC. 7
5. PER DIEM is the same as that of the BOC.
1. AUTHORITY TO KEEP ORDER within
the canvassing room and its premises

2. ENFORCE OBEDIENCE to its lawful


orders.

3. Order in writing a peace officer/soldier


TO TAKE INTO CUSTODY a person
who disobey an order or disrupt its
proceedings.

4. Deputize a COMPETENT AND ABLE


PERSON to make the arrest.

ART. II, SEC. 18


1. CANVASS / CONSOLIDATE the
electronically-transmitted results;
2. GENERATE and PRINT the
Certificate of Canvass, Certificate of
Canvass and Proclamation and
Statement of Votes;
3. ELECTRONICALLY TRANSMIT the
result;
4. PROCLAIM the winning candidates;
and
5. PERFORM such other functions as
ART. II, SEC. 18
may be directed by the Commission.
ELECTRONIC TRANSMISSION

"The election returns transmitted


electronically and digitally signed shall be
considered as official election results and
shall be used as the basis for the canvassing of
votes and the proclamation of a candidate.
R.A. 9369
In case of a Tie
a. A tie among two or more
candidates for President or Vice
President shall be broken by majority
vote of both houses of Congress
voting separately. (Sec. 4, Art. VII of
1987 Constitution)

b. In the case of other positions,


the tie shall be broken by the drawing
of lots. (Sec. 240, OEC)
Failure to assume Office

If a candidate fails to take his


oath of office within six (6) months
from his proclamation, unless for a
cause beyond the control of the elected
official, his office will be considered
vacant. (Sec. 12, OEC)
Partial Proclamation

Notwithstanding the pendency of


any pre-proclamation controversy, the
COMELEC may summarily order the
proclamation of other winning
candidates whose election will not be
affected by the outcome of the
controversy. (Sec. 21, RA 7166)
1996 BAR, Question No. 13 (1-a & 1-b)

Q: A and B were the only candidates for mayor


of Bigaa, Bulacan in the May 1995 local elections. A
obtained 10,000 votes as against 3,000 votes for B. In
the same elections, X got the highest number of
votes among the candidates for the Sangguniang
Bayan of the same town. A died the day before his
proclamation.
(a) Who should the BOC proclaim as elected mayor,
A, B or X?; and
(b) Who is entitled to discharge the functions of the
office of the mayor, B or X?
POST ELECTION
Stage
COMELEC

POST-ELECTION REMEDIES:
1. Failure of Elections
2. Pre-Proclamation Controversies
3. Petition to Annul Proclamation
4. Election Contests
i. Election Protest
-Execution pending appeal
ii. Quo Warranto
5. Election Offenses
6. Recall (for Local Elective Officials)
1. FAILURE OF ELECTIONS

A VERIFIED Petition filed by any interested


person when the election results in
failure to elect.
Grounds?
If on account of force majeure, violence,
terrorism, fraud or other analogous causes election
in any precinct was not held or was suspended, or
if during the preparation and transmission of the
election returns or in the custody or canvass
thereof xxx , the election results in failure to elect,
and the results will affect the outcome of the
election xxx (Sec. 6, Omnibus Election Code).
EFFECT?
The Commission on Election shall hold
special election no later than 30 days after
the cessation of the cause.
2. PRE-PROCLAMATION CONTROVERSIES
Refers to any question pertaining to or affecting the
proceedings of the board of canvassers which may be
raised by any candidate or by any registered political
party or coalition of political parties, before the board or
directly with the Commission, or any matters raised
under Sections 233, 234, 235 and 236 in relation to the
preparation, transmission, receipt, custody and
appreciation of the election returns (sec. 241).
COMEMELEC Resolution No. 8804

Rule 3, Section 1. Pre-Proclamation Controversy. xxx refers


to the proceedings of the board of canvassers xxx, before
the board or directly with the Commission.

It covers only two issues:


1. Illegal composition of the Board of Canvassers (BOC);
2. Illegal proceedings of the BOC.

The basis of the canvass shall be electronically


transmitted results.
COMELEC has exclusive jurisdiction in
pre-proclamation controversies arising
from national, regional or local elections.

-may be raised by any candidate or by any


registered political party, organization, or
coalition of political parties before the
BOC, or directly with the Commission.
Section 15, RA 7166. For purposes of the elections for
President, Vice-President, Senator and Member of the
House of Representatives, no pre-proclamation
controversies shall be allowed on matters relating to
the preparation, transmission, receipt, custody and
appreciation of the election returns or the certificate of
canvass, as the case may be. xxx

*No pre-proclamation cases are allowed in the


case of barangay elections.
2011 Bar Exam MCQ

55. Xian and Yani ran for Congressman in the same


district. During the canvassing, Yani objected to
several returns which he said were tampered with.

The board of canvassers did not entertain Yani's


objections for lack of authority to do so. Yani
questions the law prohibiting the filing of pre-
proclamation cases involving the election of
Congressmen since the Constitution grants
COMELEC jurisdiction over all pre-proclamation
cases, without distinction. Is Yani correct?
2011 Bar Exam MCQ

A. Yes, the Constitution grants jurisdiction to COMELEC


on all pre-proclamation cases, without exception.
B. No, COMELECs jurisdiction over pre-proclamation
cases pertains only to elections for regional, provincial, and
city officials
C. No, COMELECs jurisdiction over pre-proclamation
cases does not include those that must be brought directly
to the courts.
D. Yes, any conflict between the law and the Constitution
relative to COMELECs jurisdiction must be resolved in
favor of the Constitution.
1st Ground:
RULE 4, Section 1. Illegal Composition of the
Board of Canvassers. xxx when, among other
similar circumstances, any of the members do not
possess legal qualifications and appointments.
The information technology capable person xxx
shall be included as among those whose lack of
qualifications may be questioned.
2nd Ground:
Rule 4, Section 2 - Illegal Proceedings of the
Board of Canvassers. - xxx when the canvassing is
a sham or mere ceremony, the results of which are
pre-determined and manipulated as when any of
the following circumstances are present:
a) precipitate canvassing;
b) terrorism;
c) lack of sufficient notice to the members of the
BOC's;
d) Improper venue
When and Where Commenced?

- may be initiated in the BOC or directly with the


COMELEC, with a verified petition

- shall be filed immediately when the BOC begins


to act as such, or at the time of the appointment of
the member xxx, or immediately when the
proceedings become illegal.
Section 21. RA 7166 Partial Proclamation.
Notwithstanding the pendency of any pre-
proclamation controversy, the Commission
may summarily order the proclamation of
other winning candidates whose election will
not be affected by the outcome of the
controversy.
Rule 6, Section 6. Pendency of pre-
proclamation controversy. - The pendency
of a pre-proclamation controversy involving
the validity of the proclamation as defined by
law shall suspend the running of the period
to file an election protest.
2011 Bar Exam MCQ

37. Pre-proclamation controversies shall


be heard:
A. Summarily without need of trial.
B. through trial by commissioner.
C. ex parte.
D. through speedy arbitration.
2011 Bar Exam MCQ

55. Xian and Yani ran for Congressman in the


same district. During the canvassing, Yani
objected to several returns which he said were
tampered with.
The board of canvassers did not entertain Yani's
objections for lack of authority to do so. Yani
questions the law prohibiting the filing of pre-
proclamation cases involving the election of
Congressmen since the Constitution grants
COMELEC jurisdiction over all pre-
proclamation cases, without distinction. Is Yani
correct?
2011 Bar Exam MCQ

55. Is Yani correct?


A. Yes, the Constitution grants jurisdiction to COMELEC on all
pre-proclamation cases, without exception.
B. No, COMELECs jurisdiction over pre-proclamation cases
pertains only to elections for regional, provincial, and city
officials
C. No, COMELECs jurisdiction over pre-proclamation cases
does not include those that must be brought directly to the
courts.
D. Yes, any conflict between the law and the Constitution
relative to COMELECs jurisdiction must be resolved in favor of
the Constitution.
3. PETITION TO ANNUL
PROCLAMATION
- Pre-proclamation controversy
discovered only after proclamation
If the illegality of the proceedings of the BOC is
discovered after the official proclamation of the supposed
results, a verified petition to annul the proclamation may
be filed before the COMELEC within ten (10) days after the day
of proclamation. Upon receipt of the verified petition, the
Clerk of the Commission shall have the same docketed and
forthwith issue summons to the parties to be affected by the
petition, with a directive for the latter to file their answer
within five (5) days from receipt. Thereafter the case shall be
deemed submitted for resolution, which shall not be later than
seven (7) days from receipt of the answer.
The period to file an election
protest is suspended by the filing of
a petition to annul the proclamation
of the winner. (Manahan vs.
Bernardo, 283 SCRA 505)
4. ELECTION CONTESTS
A. Election Protest
- A petition contesting the
elections or returns of an
elective public official.
WHO MAY FILE ELECTION PROTEST?
any candidate who was voted for in the same
office who received the second (2nd) or third
(3rd) highest number of votes; in multi-slot
position, among the next four (4) candidates
following the last ranked winner duly
proclaimed, as reflected in the Statement of
Votes (SOV)
GROUNDS?
Electoral fraud, anomalies
or irregularities in protested
precincts
ISSUE: Who obtained the
highest legal votes
JURISDICTION?

a. President & Vice-Pres. Supreme Court en banc


(sitting as the P.E.T.) [Sec. 4, Art. VII, 1987
Constitution)
b. Senators S.E.T. [Sec. 17, Art. VI, 1987
Constitution)
c. Congressman H.R.E.T. [Ibid.]
d. Autonomous Region, Provincial, City -
COMELEC (any of the 2 divisions) [Sec. 2(2), Art. IX-C,
1987 Constitution]
e. Municipal R.T.C.
f. Barangay M.T.C.
APPEAL?
Decisions of the MTC and the RTC are appealable to the
COMELEC (Sec. 2[2], Art. IX-C, 1987 Constitution). Said
decision of the COMELEC may be brought to the SC on
certiorari on questions of law.

Decisions of the COMELEC may be brought to the SC on


certiorari.

Decisions of the SET and HRET may be elevated to the SC on


certiorari if there was grave abuse of discretion.
What to file?
Verified Election Protest
(10 legible copies + number of
protestee/s) with Certificate of
Non-forum Shopping (CNFS)

PERSONAL Service and Filing


When to file?
Non-extendible ten (10 )days from
proclamation.
(30 days P.E.T. Rules; 15 days S.E.T. Rules)
Payment of COMELEC Docket Fees is
jurisdictional and mandatory
PARTIES?
Protestant vs. Protestee
(Protestant may assume office after the protestee is unseated)

If the protestee has resigned or accepted an appointment,


the protest should continue.

If the protestee died, he should be substituted by his


successor.

If it is the protestant who died, he should be substituted by


the public official who would have succeeded him.
An election protest which does
not specify the precinct where
the alleged irregularities
occurred is fatally defective.
(Pena vs. HRET, 270 SCRA 34).
Execution pending appeal
On motion of the prevailing party with notice to the
adverse party, the court, while still in possession of the
original records, may, at its discretion, order the execution
of the decision in an election contest before the expiration
of the period to appeal, subject to the following rules:

(a) xxx three-day notice xxx. There must be good reasons


xxx. The court, in a special order, must state the good or
special reasons justifying the execution pending appeal.
Good or special circumstances?
(1) constitute superior circumstances demanding
urgency that will outweigh the injury or damage
should the losing party secure a reversal of the
judgment on appeal; and

(2) be manifest, in the decision sought to be


executed, that the defeat of the protestee or the
victory of the protestant has been clearly
established.
TRO or Status Quo Order?

(b) If the court grants an execution pending appeal, an


aggrieved party shall have twenty (20) working days from
notice of the special order within which to secure a
restraining order or status quo order from the Supreme
Court or the Commission on Elections. The
corresponding writ of execution shall issue after twenty days,
if no restraining order or status quo order is issued. During
such period, the writ of execution pending appeal shall be
stayed.
Execution pending appeal may be ordered on the basis of
the combination of two or more of the following reasons: (1)
public interest or the will of the people; (2) the shortness of
the remaining portion of the term of the contested office; and
(3) the length of time that the election contest has been
pending. (Navarosa vs. COMELEC, G.R. No. 157957, 18
September 2003) xxx and the filing of a bond are good reasons
for ordering execution pending appeal in favor of the
protestant. (Alvarez vs. COMELEC, 353 SCRA 434)
B. Quo Warranto
-a petition to disqualify an elective
official under Section 68 of the Omnibus
Election Code or Section 40 of the Local
Government Code

WHO MAY FILE? Any registered voter in


the constituency
Grounds?
Ineligibility or disloyalty to the Republic

ISSUE: Qualifications
or lack thereof of the
winning candidate
JURISDICTION?
a. President & Vice-Pres. Supreme Court en banc (sitting
as the P.E.T.) [Sec. 4, Art. VII, 1987 Constitution)
b. Senators S.E.T. [Sec. 17, Art. VI, 1987 Constitution)
c. Congressman H.R.E.T. [Ibid.]
d. Autonomous Region, Provincial, City - COMELEC
(any of the 2 divisions) [Sec. 2(2), Art. IX-C, 1987
Constitution]
e. Municipal R.T.C.
f. Barangay M.T.C.
APPEAL?
Decisions of the MTC and the RTC are appealable to the
COMELEC (Sec. 2[2], Art. IX-C, 1987 Constitution). Said
decision of the COMELEC may be brought to the SC on
certiorari on questions of law.

Decisions of the COMELEC may be brought to the SC on


certiorari.

Decisions of the SET and HRET may be elevated to the SC


on certiorari if there was grave abuse of discretion.
What to file?
Verified Petition for Quo Warranto
(10 legible copies) with CNFS

PERSONAL Service and Filing


When to file?
Non-extendible 10 days from proclamation

Pendency of a PPC shall suspend the running of the period.

(10 days P.E.T. Rules; 10 days S.E.T. Rules)

Payment of COMELEC Docket Fees is jurisdictional


and mandatory
Parties?
Petitioner vs. Respondent
(If the respondent is ousted, the petitioner will not be seated)
COMELEC FILING FEES
The filing fee must be paid within the 10-day
period. This defect cannot be cured by
subsequent payment (Melendres vs.
COMELEC, G.R. No. 129998, 25 November
1999). Non-payment or partial (or
incomplete) payment of filing/ docket fees for
election protests is a fatal defect. In which
case, the election protest should be dismissed
(Soller vs. COMELEC, G.R. No. 139853, 05
September 2000). In the same way, a petition
for quo warranto may be dismissed by the
House of Representatives Electoral Tribunal if
the required cash deposit is not paid (Garcia
vs. HRET, G.R. No. 134792, 12 August 1999).
2006 BAR, Question No. V (3)

Q: Differentiate an election protest from an action for quo


warranto.

2001 BAR, Question No. XVII

Q: Under the B.P. 81, as amended, briefly differentiate an


election protest from quo warranto case, as to who can file and
the respective grounds therefor.

1997 BAR, Question No. 17 (b); 1996 BAR Question No. 14


[1]; 1998 BAR Question No. 18

Q: State how election protests are initiated heard and


finally resolved.
2012 ESSAY QUESTIONS

IV. Mr. Yellow and Mr. Orange were the leading candidates in the
vice-presidential elections. After the elections, Yellow emerged as the
winner by a slim margin of 100,000 votes. Undaunted, Orange filed a
protest with the Presidential Electoral Tribunal (PET). After due
consideration of the facts and the issues, the PET ruled that Orange
was the real winner of the elections and ordered his immediate
proclamation.
a. Aggrieved, Yellow filed with the Supreme Court a Petition for
Certiorari challenging the decision of the PET alleging grave abuse
of discretion. Does the Supreme Court have jurisdiction? Explain.
(3%)
b. Would the answer in (a.) be the same if Yellow and Orange were
contending for a senatorial slot and it was the Senate Electoral
Tribunal (SET) who issued the challenged ruling? (3%)
c. What is the composition of the PET (2%)
d. What is judicial power? Explain Briefly. (2%)
1990 BAR, Question No. 7 (1)

Q: Charles Cabrera filed a petition for quo warranto with


the HRET questioning the election of Pao Escober as Member
of the House of Representatives in the 1987 national elections
on the ground that Pao is not resident of the district the latter
is representing. While the case was pending, Pao accepted an
ad-interim appointment as Secretary of Department of Justice.
May Charles continue with his election protest in order to
determine the real winner in the said elections?
Motion for Reconsideration
in Election Contests*
Evidence is insufficient
or
Decision is contrary to law
* Except Municipal & Barangay
When to file MR?
Within five (5) days from promulgation
* if not pro forma, suspends the execution or implementation,
of the decision, resolution, order or ruling.

i. President & Vice President 10 days (Rule 69, Rules of PET)

ii. Senator 10 days (Rule 80, Revised Rules of SET)

iii. Congressman 10 days (Rule 72, Rules of HRET)


Prohibited Pleadings in Election Contests?
a) Motion to dismiss except on the ground of lack of jurisdiction over the
subject matter;
b) Motion for a bill of particulars;
c) Demurrer to evidence;
d) Motion for new trial, or for reopening of trial;
e) Petition for relief from judgment;
f) Motion for extension of time to file pleadings, affidavits or other papers;
g) Memoranda, except when required by the Commission in an Order;
h) Motion to declare the protestee or respondent in default;
i) Dilatory motion for postponement;
j) Motion to inhibit the Commissioner/s except on clearly valid grounds;
k) Reply or rejoinder; and
l) Third-party complaint.
5.) Election Offenses
-Criminal cases committed during the
election period
JURISDICTION?
To INVESTIGATE and PROSECUTE: COMELEC
or duly authorized legal officer (concurrent with
other prosecuting arms of the government
[RA9369])

To TRY and DECIDE to case: Regional Trial


Court
2011 Bar Exams MCQ

51. A candidate who commits vote


buying on Election Day itself shall be
prosecuted by the
A. COMELEC
B. Secretary of Justice.
C. police and other law enforcement
agencies.
D. City or Provincial Prosecutor.
Prescription of the Offense?
Five (5) years from commission
(Sec. 267, OEC)

If discovered in an election contests


= 5 years when judgment becomes
final and executory.
Some Election Offenses:
1. Prohibited acts under Sections 261 & 262, OEC;
Vote-Buying
Conspiracy to bribe voters
Wagering upon result of election
Coercion of subordinates
Threats, intimidation, terrorism, use of
fraudulent device or other forms of coercion
Coercion of election officials and employees
Appointment of New Employees
Transfer of Government Employees
Intervention of public officers and employees
Undue influence
Unlawful electioneering
Carrying Firearm during Election Period
Carrying Deadly Weapon in Precinct
Unauthorized Entry into Polling Place
Failure to Make Proclamation
Granting Remuneration to Government Employee
Some Election Offenses:

Section 261. (a) Vote buying and vote selling, and (b)
Conspiracy to bride voters:

Any person who is guilty and willingly testifies


shall be exempt from prosecution (Sec. 28, R.A. 6646)

Can he be liable for Perjury?


False testimony?
PROHIBITED
90 Days BEFORE Elections

Giving donations or gift in cash or


in kind, etc. (Sec. 104, OEC).

Appointment or use of special


policemen, confidential agents or
the like. (Sec. 261 (m), OEC)
PROHIBITED
45 Days BEFORE Elections

Appointment or hiring of new employees;


creation or filling up of new positions;
promotion or giving of salary increases,
remuneration or privilege. (Sec. 261 (g),
OEC).

Construction of public works, delivery of


materials for public works and issuance of
treasury warrants or similar devices for a
future undertaking chargeable against
public funds. Sec. 261 (w), OEC).

Release disbursement or expenditures of


public funds. (Sec. 261 (v), OEC).
PROHIBITED
(60 days before
& 30 days after)

Illegal release of prisoners. (Sec. 261 (n), OEC).

(n) Illegal release of prisoners before and after election. - The Director
of the Bureau of Prisons, any provincial warden, the keeper of the jail
or the person or persons required by law to keep prisoners in their
custody who illegally orders or allows any prisoner detained in the
national penitentiary, or the provincial, city or municipal jail to leave
the premises thereof sixty days before and thirty 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 care. Detention prisoners must be categorized as such.
Some Election Offenses:

Section 261. Prohibited Acts. - The following shall be guilty of


an election offense:
xxx
(w) Prohibition against construction of public works, delivery
of materials for public works and issuance of treasury warrants
and similar devices. - During the period of forty-five days
preceding a regular election and thirty days before a special
election, any person who (a) undertakes the construction of
any public works, except for projects or works exempted in the
preceding paragraph; 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.
Controlling Jurisprudence:

The Supreme Court in Robert P. Guzman v.


Commission on Elections, Mayor Randolph S.
Ting and Salvacion Garcia (G.R. No. 182380, 28
August 2009) applied a literal interpretation of the
foregoing provision so as to include a broader scope
of prohibited acts. The Supreme Court found that the
issuance of the treasury warrant during the period of
the election ban violated Section 261 (w) of BP 881
holding that whether or not the treasury warrant in
question was intended for public works was of no
moment in determining if the legal provision was
violated.
Taken From the OLD Election Code:

Sec. 64. Prohibited acts. In addition to the prohibited acts


provided in the 1978 Election Code, or declared unlawful or as an election
offense in the preceding articles of this Act, the following shall be guilty of
an election offense:
xxx
(d) Prohibition against construction of public works, delivery of materials
for public works and issuance of treasury warrants and similar devices.
During the period of forty-five days preceding the election of May 14, 1984,
any person who
(a) undertakes the construction of any public works, except for projects or
works exempted in the preceding section; 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; or
(c) who thereafter receives any payment for the prohibited construction.
(B.P. 697)
DOUBLE
REGISTRANTS

ELECTION OFFENSE (Section 261 (y [5]), of the OEC):

Section 261. Prohibited Acts. - The following shall be guilty


of an election offense:
xxx xxx xxx
(y) On Registration of Voters:
xxx xxx xxx
(5) Any person who, being a registered voter,
registers anew without filing an application for
cancellation of his previous registration.
Eve of Election Day

Campaigning. (Sec. 5, RA 7166)

Selling, furnishing, offering, buying


serving or taking intoxicating liquor. (Sec.
261 (dd), OEC.)

Giving, accepting free transportation,


food, drinks and things of value (Sec. 89,
OEC).
Election Days
COMELEC Reso 9981

09 April 2016 (8:am of host country) to 09 April


2016 (Philippine time) Casting of votes by
overseas voters

27, 28, & 29 April 2016 Voting by local


absentee voters

09 May 2016 Election Day (Philippines)


Election Day
Campaigning (Sec. 5, RA 7166)

Selling, furnishing, offering, buying serving or


taking intoxicating liquor. (Sec. 261 (dd), OEC.)

Giving, accepting free transportation, food,


drinks and things of value (Sec. 89, OEC).

Voting more than once or in substitution of


another (Sec. 261 (z) (2) and (3), OEC).
ELECTION DAY
Soliciting votes or undertaking any
propaganda for or against any candidate or any
political party within the polling place or
within 30 meters thereof. (Sec. 261 (cc), OEC).

Opening of booths or stalls for the sale, etc., of


merchandise, or refreshments within a radius
of thirty (30) meters from the polling place
(Sec, 261 (dd) (2), OEC.)

Holding of fairs, cockfights, boxing, horse


races or any other similar sports. (Sec. 261 (dd)
(3), OEC).
2. RA 6646, Section 27 (Dagdag- Bawas)

3. RA 7166, Sections 32, 33 & 34 (Firearms)

4. RA 8046, Section 23 (computer related


offenses)

5. RA 8189, Section 45 (any violation thereof)

6. RA 9006, Section 13 (any violation)

7. RA 9369, Section 42 (Special Election


Offense Electoral Sabotage)
GUN BAN

In Orceo vs. COMELEC, G.R. No. 190779, 26 March 2010,


where a petition for certiorari was filed questioning the validity of
COMELEC Resolution No. 8714 insofar as it provides that the term
"firearm" includes airsoft guns and their replicas/imitations, the
Supreme Court ruled:

The inclusion of airsoft guns and airguns in the term "firearm" in


Resolution No. 8714 for purposes of the gun ban during the election
period is a reasonable restriction, the objective of which is to ensure
the holding of free, orderly, honest, peaceful and credible elections.

However, the Court excludes the replicas and imitations of airsoft


guns and airguns from the term "firearm" under Resolution No. 8714,
because they are not subject to any regulation, unlike airsoft guns.
In addition to the prohibited acts and election offenses mentioned
herein and those enumerated in Sections 261 and 262 of Batas
Pambansa Blg. 881 as amended, the following shall be guilty of an
election offense or a special election offense to be known as
electoral sabotage:

A. Any person who commits any of the following:


REMOVES the COC posted on the wall; or
DEFACES the same in any manner.

B. Any person who SIMULATES:


Actual COC; or
An SOVs; or
A PRINT or DIGITAL COPY thereof.
C. Any person who SIMULATES the :
Certificate of Canvass;
Statement of Votes.

D. Any member of the Board who during the


prescribed period of posting, REMOVES:

Certificate of Canvass; or
its Supporting statement of votes from the
wall except to transfer them to a more
SUITABLE PLACE.
E. Any member of the Board who SIGNS or
AUTHENTICATES the following outside of the
polling place:

Print of the Certificate of Canvass; or


its supporting Statement of Votes.
F. Any member of the Board who SIGNS or
AUTHENTICATES a print which bears an IMAGE
DIFFERENT from the Certificate of Canvass or
Statement of Votes produced after counting and
posting on the wall. (Sec. 27 [b], RA 6646)
special election offense to be known as
SEC. 42. xxx a
electoral sabotage:
"(a) x x x
"(b) Any person or member of the board of election inspectors or
board of canvassers who tampers, increases or decreases the
votes received by a candidates in any election or any member of the
board who refuses after proper verification and hearing ,to credit
the correct votes or deduct such tampered votes: Provided,
however, xxx are perpetrated on large scale or in substantial
numbers, the same shall be considered not as an ordinary election
offense under Section 261 of the omnibus election code. But a special
election offense to be known as electoral sabotage and the
penalty to be imposed shall be life imprisonment.
"(1) xxx , is/are committed in the election of a
national elective office which is voted upon
nationwide xxx , shall adversely affect the results
of the election to the said national office to the
extent that the losing candidate/s is /are made to
appear the winner/s;
"(2) Regardless of the elective office
involved, xxx , is a accomplished in a
single election document or in the
transposition of the figure / results xxx
votes exceed five thousand (5,000)
votes, and that the same adversely
affects the true results of the election ;
"(3) Any and all other forms or tampering increase/s
and/ or decrease/s of votes perpetuated or in cases of
refusal to credit the correct votes or deduct the
tampered votes, where the total votes involved exceed
ten thousand (10,000) votes;

xxx in conspiracy or in connivance with the members of the


BEIs or BOCs involved, shall be meted the same penalty of life
imprisonment."
PENALTY?
Punishable with one (1) to six
(6) years imprisonment
without probation +
Disqualification to hold public
office and deprivation of the
right to vote
1991 BAR, Question No. 11 [a & b]

Q: In connection with the May 1987 Congressional elections,


Luis Millanes was prosecuted and convicted of an election offense
and was sentenced to suffer imprisonment for six years. The court
sis not impose the additional penalty of disqualification to hold
public office and of deprivation the right of suffrage as provided for
in Section 264 of B.P. 881
In April 1991, the President granted him absolute pardon on the
basis of a strong recommendation of the Board of Pardons and
Parole.
Then for the election in May 1992, Luis Millanes files his certificate
of candidacy for the office of Mayor in his municipality.
What is the effect of the failure of the court to impose the
additional penalty?
Is the Pardon valid?
6. RECALL*
A mode of removal of an local elective
public officer by the people before the
end of his term of office

* Only for LOCAL elective officials


Initiation?
**a. Resolution of majority of all members of
preparatory recall assembly (P.R.A.)

(P.R.A. NO LONGER ALLOWED UNDER R.A.9244)

b. Petition of at least 25% of the registered voters


in the local government unit (Sec. 70, LGC)
The official sought to be recalled is automatically a candidate.
(Sec. 71)

Recall shall be effective upon proclamation of successor


receiving the highest number of votes. (Sec. 72)

The official sought to be recalled cannot resign during the


recall. (Sec. 73)
Limitations?
a. An official may be subject of recall only once
during his term.

b. No recall shall take place within one year from


assumption of office or one year before the regular
local election. (Sec. 74)
IMPEACHMENT!
A national inquest into the
conduct of public officials.
WHO MAY BE IMPEACHED?
President, Vice-President,
Chief Justice and Associate Justices of the
Supreme Court, Chairmen and Members of the
Constitutional Commissions,
and the Ombudsman
Grounds?
Culpable violation of the
Constitution, treason, bribery,
graft and corruption, other high
crimes, or betrayal of public trust.
Procedure?
The House of Representatives shall have exclusive
power to initiate all cases of impeachment.

1. Verified Complaint (Member of HR or any citizen +


endorsement)
2. Order of business within 10 days + Committee
within 3 days (if filed by 1/3 Members = Articles of
Impeachment)
3. Committee submit report within 60 session days.
4. Vote of at least 1/3 of all Members.
Limitation?
Not more than once within a period
of one year against the same official.
Trial and Decision?
The Senate shall have the sole power to try and decide
all cases of impeachment.

A decision of conviction must be concurred in by at


least 2/3 of all members of the Senate.
THE END
Dont Stop Believing!
attyryanreyquilala@yahoo.com.ph / 09189RYANSQ

Former Associate Dean, San Sebastian College of Law


Former Bar Review Director and Special Lecturer, Recoletos
Review Center-Manila
Law Professor, San Sebastian College-Recoletos (on leave)
Bar Review Lecturer, Jurists Bar Review , Luminous Bar Review,
Power House, Legal Advantage, Universidad de Manila,
Philippine Christian University, DVOREF Law
MCLE Lecturer, UB, UELCI, OGCC-ICPG, Jurists, IBP-Makati
Lecturer, NBI Academy
Assisting anchor, Radyo Veritas 846 AM
PDP-Laban, Legal Counsel/VP Legal Affairs (2010-2011)
Former Chief Legal & Legislative Affairs, Office of
Sen. Aquilino KOKO Martin L. Pimentel III