Case Facts
Title
1 Lacson v Posadas Ladrillano This is an administrative case against a judge who Any person who has been refused
approved several petition for inclusion in the voters' registration or whose name has
list without compliance with the requirements. The been stricken out from the permanent
judge, however, still summarily approved the said list of voters may at any time
petition even though the certificate for application for except sixty (60) days before a regular
inclusion were not submitted and the Board of election or twenty-five (25)
Inspectors were not properly notified thus they were days before a special election, apply to
not able to send representatives. the proper court for an order
directing the election registration board
or the board of inspectors as
2 the case may be, to include or reinstate
his name in the permanent list
of voters, attaching to his application for
inclusion the certificate of the
Election registration board or the board
of inspectors regarding his
case and proof of service of a copy of
his application and of the notice
of hearing thereof upon a member of the
said board.
2 Pungutan v Guevara The COMELEC excluded from the canvass for the The right to vote has reference to a
Abubakar election of delegates for the lone district of the constitutional guarantee of the utmost
province of Sulu the returns from 107 precincts of significance. It is a right without which
Siasi, 56 precincts of Tapul, 67 precincts of Parang the principle of sovereignty residing in
and 60 precincts of Luuk for being spurious or the people becomes nugatory. In the
manufactured and therefore no returns at all. Their traditional terminology, it is a political
finding was based on the fact that no elections were right enabling every citizen to participate
held in said municipalities as the voting was done by in the process of government to assure
3 persons other than the registered voters while armed that it derives its power from the consent
men went from precinct to precinct, prepared the of the governed. How such a right is to
ballots and dictated how the election returns were to be exercised is regulated by the
be prepared Election Code. Its enforcement under
the Constitution is, as noted, vested in
respondent Commission. Such a power,
however, is purely executive or
administrative. It becomes obvious then
why the right to vote, a denial of which
should find redress in the judiciary as
the guardian of constitutional rights, is
excluded from the authority vested in
respondent Commission.
3 Taule v Santos 1991 Manuel The Federation of ABCs (Associations of Barangay
The jurisdiction of the COMELEC does
Councils) of Catanduanes, composed of 11 not cover protests over the
members, in their capacities as Presidents of the
organizational set-up of the katipunan
ABCs in their respective municipalities, convened an
ng mga barangay composed of
election with 6 members. When the group decided to
popularly elected punong barangays as
hold the election despite the absence of 5 of its
prescribed by law whose officers are
members, 2 of the 3 members of the Board of voted upon by their respective
Election Supervisors/Consultants walked out. The
members. The COMELEC exercises
election nevertheless proceeded.
only appellate jurisdiction over election
contests involving elective barangay
4 The governor questioned this before the Sec of officials decided by the Metropolitan or
DILG. Municipal Trial Courts which likewise
have limited jurisdiction. The authority of
the COMELEC over the katipunan ng
mga barangay is limited by law to
supervision of the election of the
representative of the katipunan
concerned to the sanggunian in a
particular level conducted by their own
respective organization
4 Romualdez v RTC Soresca Philip Romualdez is the nephew of the then First - In election cases, the Court treats
Lady Imelda Marcos. He established his residence at domicile and residence as
Brgy. Malbog, Tolosa, where he also had a synonymous.
residential house made and where he served as - Domicile denotes a fixed permanent
Barangay captain. residence to which, when absent for
During the 1987 Revolution, Petitioner Romualdez business or pleasure, or for like
fled the country then returned in December 1991. reasons, one intends to return.
5 In Feb 1992, he applied for voter registration, but In order to acquire a new domicile by
Donato Advincula prayed that Romualdez be choice, there must concur:
excluded from the list of registered voters. Advincula a. residence of bodily presence in the
argued that Romualdez is a resident of new locality
Massachusetts and that he had not acqured 1-year b. an intention to remain there, and
residence in the Philippines and 6-month residence c. an intention to abandon the old
in Tolosa domicile.
- There must basically 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.
- The People's Power Revolution must
have truly caused great apprehension to
the Romualdezes, as well as a serious
concern over the safety. Their sudden
departure from the country cannot be
described as "voluntary," or as
"abandonment of residence" at least in
the context that these terms are used in
applying the concept of "domicile by
choice."
Also, on sufferage:
- The right to vote is a most precious
political right, as well as a bounden duty
of every citizen, enabling and requiring
him to participate in the process of
government so as to ensure that the
government can truly be said to derive
its power solely from the consent of the
governed.
- As the right of suffrage is not to be
abridged, so also must we safeguard
and preserve it but only on behalf of
those entitled and bound to exercise it.
5 Badelles v Cabili Balang Two election protests against the duly proclaimed DISMISSAL REVERSED. The
Mayor and Councilors of Iligan City, after the Nov. seriousness and gravity of the imputed
14, 1967 elections, based on the allegations of failure to have the elections conducted
flagrant violations of certain mandatory provisions of freely and honestly, with such
6 the Election Code, to be more specifically set forth irregularities alleged, give rise to doubts,
hereafter, were dismissed in a single order by the rational and honest, as to who were the
Court of First Instance of Lanao del Norte. In the duly elected officials. Such allegations, it
order of dismissal, it was admitted that while is to be stressed, would have to be
irregularities as well as misconduct on the part of accepted at their face value for the
election officers were alleged in the election protests purpose of determining whether there is
filed, there was however an absence of an allegation a cause of action, a motion to dismiss
that they would change the result of the election in amounting to a hypothetical admission
favor of the protestants and against the protestees, of facts thus pleaded.
that such irregularities would destroy the secrecy
and integrity of the ballots cast, or that the Time and time again, we have stressed
protestees knew of or participated in the commission the importance of preserving inviolate
thereof. For the lower court then, the lack of a cause the right of suffrage. If that right be
of action was rather evident. disregarded or frittered away, then
popular sovereignty becomes a myth.
As long as popular government is an
end to be achieved and safeguarded,
suffrage, whatever may be the modality
and form devised, must continue to be
the means by which the great reservoir
of power must be emptied into the
receptacular agencies wrought by the
people through their Constitution in the
interest of good government and the
common weal. Republicanism, in so far
as it implies the adoption of a
representative type of government,
necessarily points to the enfranchised
citizen as a particle of popular
sovereignty and as the ultimate source
of the established authority.
8 MONTEJO VS Gabay The province of Leyte has 5 legislative districts. Comelec relied on the the Ordinance
COMELEC Biliran, which was in the 3rd district was made a sub- appended to the 1987 Constitution, as a
province with 8 municipalities leaving only 5 in the basis of its power of redistricting. But, a
3rd district. Comelec issued a resolution to remedy review of the deliberations of the
the inequality whereby it transferred some ConCom revealed that it denied to the
municipalities of Biliran to the 3rd district. Montejo, COMELEC the major power of
the representative of the 1st district then fiiled an MR legislative apportionment. Section 2 of
to call the attention of the Comelec to the inequitable the Ordinance only empowered the
9 distribution between the 1st and 2nd district. The COMELEC "to make minor adjustments
opposition, however, argued that Comleec has no of the reapportionment herein made."
jurisdiction to issue the resolution transferring Respondent COMELEC, therefore,
municipalities from one district to another. committed grave abuse of discretion
amounting to lack of jurisdiction when it
promulgated the reslolution transferring
municipalities from 1 district to another.
The issue involved in this case is a
problem of reapportionment of
legislative districts and petitioner's
remedy lies with Congress. Section 5(4),
Article VI of the Constitution
categorically gives Congress the power
to reapportion, thus: "Within three (3)
years following the return of every
census, the Congress shall make a
reapportionment of legislative districts
based on the standards provided in this
section."
9 MASTURA VS 1998 Vitente The COMELEC annulled and set aside the canvass We find no grave abuse of discretion on
COMELEC made by the original Municipal Board of Canvassers the part of respondent COMELEC. It is
and ordered a recanvass. This was prompted by a settled jurisprudence that COMELEC
finding that certificate of canvass had been tampered can suspend the canvass of votes
with. Did the COMELEC commit grave abuse of pending its inquiry whether there exists
discretion? a discrepancy between the various
copies of election returns from the
disputed voting centers. Corollarily,
once the election returns were found to
be falsified or tampered with, the
COMELEC can annul the illegal
canvass and order the Board of
Canvassers to reconvene and proclaim
the winners on the basis of the genuine
10 returns or, if it should refuse, replace the
members of the board or proclaim the
winners itself.
46 ABSCBN VS Young
47 COMELEC
47 SWS VS Crudo Petitioners brought action to enjoin implementation Section 5.4 of RA 9006 constitutes an
COMELEC of Section 5.4 of RA 9006 or the Fair Elections Act unconstitutional abridgment of freedom
which disallows publication of surveys affecting of speech, expression, and the press.
national candidates 15 days before national The restraint in expression bears a
48 elections, and local candidates 7 days before local weighty presumption of invalidity.
elections. hey argued that the restriction imposed by COMELEC’s supervisory power to
above rules constitutes a restraint on the freedom of regulate the enjoyment or utilization of
speech without any clear and present danger to franchise for the operation of media of
justify such restraint. Petitioners argued that communication cannot imply that no
publishing of election surveys days before the presumption of invalidity may attach to a
election were allowed in 1992, 1995, and 1998 and measure like Section 5.4. The grant of
there was no proof whatsoever that such publication power to the COMELEC under the
caused confusion among the voters nor was there Constitution is limited to ensuring ―equal
any evidence of immediate and ievitable danger to opportunity, time, space, and the right to
the voting process. reply‖ as well as uniform rates of
charges for the use of such media
facilities for ―public information
campaigns and forums among
candidates‖.
US v. O'Brien test. The validity of a
government regulation is justified :
If it is within the constitutional power of
the Government
If it furthers an important or substantial
governmental interest
If the governmental interest is unrelated
to the suppression of free
expression
If the incidental restriction on alleged
First Amendment freedoms is no
greater than is essential to the
furtherance of that interest.
Section 5.4 invalid because (1) it
imposes a prior restraint on the freedom
of expression, (2) it is a direct and total
suppression of a category of expression
even though such suppression is only
for a limited period (suppresses a whole
class of expression while allowing
expression of opinion concerning the
same subject matter by newspaper
columnists, radio and TV commentators
armchair theorists and other opinion
makers.), and (3) the governmental
interest sought to be promoted can be
achieved by means other than the
suppression of freedom of expression.
48 GMA NETWORK Pineda COMELEC wants to change their interpretation of A. Aggregate Time Limit
49 VS COMELEC the limits of political ads. For the past elections, the In the public hearing for reso 9615,
limit was on a per station basis. Now, they want it to GMA explained that no empirical data
be on an aggregate basis. They also require the on the excesses or abuses of broadcast
stations to report on the ads and appearances of media were brought to the attention of
candidates. They also require a right to reply the public by respondent Comelec, or
even stated in the Comelec. Chairman
Brillantes just said "if the Constitution
allows us to regulate and then it gives
us the prerogative to amplify then the
prerogative to amplify you should leave
this to the discretion of the
Commission."
B. Filing Fee
A close scrutiny of the receipts will show
that Saulong failed to paythe filing fee of
300 pesos for his protest as prescribed
by the COMELECrules. A court acquires
jurisdiction over any case only upon
paymeny of theprescribed docket fee.
Patently, the RTC did not acquire
jurisdiction overSaulong’s protest.
82 ARROYO VS Ramirez Boboy Syjuco filed an election contest before the Majority opinion: Expanded jurisdiction
HRET HRET assailing the proclamation of Cong. Joker of SC covers review of the decisions of
Arroyo as the district congressman for the lone the HRET. Concurring opinion of J.
district of Makati. During the course of revision Puno discussed the history as to who
proceedings Syjuco conceded that the results of serves as arbiter for congressional
revision will not overturn the margin of votes in favor election contests. The dissents of J.
of Arroyo and interposes a novel type of evidence Padilla and J. Vitug however, insists that
namely "precint-level document based evidence". HRET is the sole judge of ALL election
With the composition of HRET 6 Congressmen contests involving election of members
members ruled in favor of Syjuco, with the dissent of of HoR. As to the substantial issue, the
the 3 Justice members. HRET's decision is VOID for lack of
quorum (there should be at least 1
83 Justice member but there is none when
they resolved the Syjuco petition).
Further, Syjuco is estopped in changing
his theory (or if the same is deemed as
an amendment, it should be made
within the 10 day period to file protest.
Lastly, Syjuco is bound in his admission
that the revision shall not overcome the
margin of votes in favor of Arroyo and
that the same is an admission against
his interest (Rules of Court applied
suppletorily to HRET Rules of
Procedure).
83 IDULZA VS Uaminal Bollozos, the supposed-to-be 8th placer in the Election protests are guided by an extra-
COMELEC Sangguniang Panglungsod race, filed a motion for ordinary rule of interpretation that
intervention but only during the MR stage with the statutes providing for election contests
Comelec En Banc are to be liberally construed to the end
that the will of the people in the choice
of public officers may not be defeated
84 by mere technical objections. For that
reason, the Court sustains the
allowance by the COMELEC of Bollozos
Intervention. It would have been
explicitly anomalous had Bollozos not
been seated in the City Council,
considering that her uncontested vote
total had exceeded that of the ninth
(9th) placer according to the Comelec
Second Division. The allowance of the
motion for intervention was clearly
geared towards fostering honest,
credible elections and a just outcome
centered around the proper
proclamation of a candidate whom the
voters have chosen to serve as their
councilor.
84 REYES VS Albao Regina Reyes' CoC was being questioned for Now, the determinative fact of
COMELEC various reasons, including citizenship and residency jurisdiction between the HRET and the
issues. However, on May 18, 2013, having received COMELEC is one's assumption of
majority of the votes, she was officially proclaimed office, not any more one's proclamation
the winner. Then on June 5, COMELEC declared its as winner of an election.
May 14 Resolution final. However, Reyes brought
the case before the Court, with Reyes arguing that
85 COMELEC already lost its jurisdiction as such was
already transferred to the HRET upon her
proclamation as winner.