1 Omnibus Election Code, Section 49. The Appropriation Of Funds Therefor [RA 8189],
2 Id. section 33.
3 An Act Providing For A General Registration Of Voters, 4 Id. at section 34.
8 Id. at section 37. Appropriations Therefor, And For Other Purposes [RA
9 RA 8189, section 38. 7166], section 17.
10 Omnibus Election Code, section 241. 13 Id. at section 18.
11 Id. at section 242. 14 Id. at section 19.
12 An Act Providing For Synchronized National And
169, 181.
question pertaining to or affecting the warranto petition or an election protest
proceedings of the board of canvassers was expressly made without prejudice to
which may be raised by any candidate or the pre-proclamation controversy or was
by any registered political party or made ad cautelam; and, (e) the
coalition of political parties before the proclamation was null and void.44
board or directly with the Commission, or
any matter raised under Sections 233, 234, Election Contest, in general
235 and 236 in relation to the preparation, ● “Election contests” would refer to
transmission, receipt, custody and adversary proceedings by which matters
appreciation of election returns. The involving the title or claim of title to an
COMELEC has exclusive jurisdiction over elective office, made before or after
all pre-proclamation controversies. As an proclamation of the winner, is settled
exception, however, to the general rule, whether or not the contestant is claiming
Section 15 of Republic Act (RA) 7166 the office in dispute and in the case of
prohibits candidates in the presidential, elections of barangay officials, it is
vice-presidential, senatorial and restricted to proceedings after the
congressional elections from filing pre- proclamation of the winners as no pre-
proclamation cases.42 proclamation controversies are allowed. 45
● The authority to rule on petitions for ● The jurisdiction of the COMELEC is over
correction of manifest error is vested in popular elections, the elected officials of
the COMELEC en banc. Section 7 of Rule 27 which are determined through the will of
of the 1993 COMELEC Rules of Procedure the electorate.46
provides that if the error is discovered ● It may be stated as a general rule
before proclamation, the board of recognized by all the courts, that statutes
canvassers may motu proprio, or upon providing for election contests are to be
verified petition by any candidate, political liberally construed, to the end that the will
party, organization or coalition of political of the people in the choice of public
parties, after due notice and hearing, officers may not be defeated by merely
correct the errors committed. The technical objections. To that end
aggrieved party may appeal the decision of immaterial defects in pleadings should be
the board to the Commission and said disregarded and necessary and proper
appeal shall be heard and decided by the amendments should be allowed as
Commission en banc. Section 5, however, promptly as possible.47
of the same rule states that a petition for
correction of manifest error may be filed Election Contests for President and Vice-
directly with the Commission en banc President
provided that such errors could not have ● The returns of every election for President
been discovered during the canvassing and Vice-President, duly certified by the
despite the exercise of due diligence and board of canvassers of each province or
proclamation of the winning candidate city, shall be transmitted to the Congress,
had already been made.43 directed to the President of the Senate.
● After a proclamation has been made a pre- Upon receipt of the certificates of canvass,
proclamation case before the COMELEC is, the President of the Senate shall, not later
logically, no longer viable. The rule admits than thirty days after the day of the
of exceptions, however, as where: (a) the election, open all certificates in the
board of canvassers was improperly presence of the Senate and the House of
constituted; (b) quo warranto was not the Representatives in joint public session,
proper remedy; (c) what was filed was not and the Congress, upon determination of
really a petition for quo warranto or an the authenticity and due execution thereof
election protest but a petition to annul a
proclamation; (d) the filing of a quo
42 Sandoval v. COMELEC, 323 SCRA 403, 417. 45 Taule v. Santos, 200 SCRA 512, 519-520.
43 Id. at 419. 46 Id. at 519.
44 Laodenio vs. COMELEC, 276 SCRA 705, 713-714. 47 Galang v. Miranda, 35 Phil. 269, 271-272.
in the manner provided by law, canvass ● The Tribunal shall be the sole judge of all
the votes.48 contests relating to the election, returns,
● The person having the highest number of and qualifications of the President or Vice-
votes shall be proclaimed elected, but in President of the Philippines.53
case two or more shall have an equal and ● An election contest is initiated by the filing
highest number of votes, one of them shall of an election protest or a petition for quo
forthwith be chosen by the vote of a warranto against the President or Vice-
majority of all the Members of both Houses President. An election protest shall not
of the Congress, voting separately.49 include a petition for quo warranto. A
● The Congress shall promulgate its rules for petition for quo warranto shall not include
the canvassing of the certificates.50 an election protest.54
● The Supreme Court, sitting en banc, shall ● The registered candidate for President or
be the sole judge of all contests relating to Vice-President of the Philippines who
the election, returns, and qualifications of received the second or third highest
the President or Vice-President, and may number of votes may contest the election
promulgate its rules for the purpose.51 of the President or Vice-President, as the
case may be, by filing a verified election
Presidential Electoral Tribunal protest with the Clerk of the Presidential
● The Tribunal shall have the following Electoral Tribunal within thirty days after
inherent powers: the proclamation of the winner.55
(a) Preserve and enforce in ● A verified for quo warranto contesting the
proceedings before it or before election of the President or Vice-President
any of its Divisions or officials on the ground of ineligibility or disloyalty
acting under its authority; to the Republic of the Philippines may filed
(b) Administer or cause to be by any registered voter who has voted in
administered oaths in any contest the election concerned within ten days
before it, and in any order matter after the proclamation of the winner.56
where it may be necessary in the ● Contents of the protest or petition:
exercise of its powers; (A) An election protest or petition for
(c) Compel the attendance of quo warranto shall commonly
witnesses and production of state the following facts:
evidence in any contest before it. (a) the position involved;
(d) Compel obedience to its decisions, (b) the date of proclamation;
resolutions, orders and and
processes; (c) the number of votes
(e) Control its processes and amend credited to the parties
its decisions, resolutions or per the proclamation.
orders to make them conformable (B) A quo warranto petition shall as
to law and justice; state:
(f) Authorize a copy of a lost or (a) the facts giving the
destroyed pleading or other petitioner standing to the
paper to be filed and used instead file the petition;
of the original copy thereof, and to (b) the legal requirements
restore and supply deficiencies in for the office and the
its records and proceedings; and disqualifications
(g) Promulgate its own rules of prescribed by law;
procedure and amend or revise (c) the protestee's ground
the same.52 for ineligibility or the
specific acts of disloyalty
63 Rosal vs. COMELEC, 518 SCRA 473, 487-488. 68Section 249, Omnibus Election Code.
64 Abayon vs. HRET, 791 SCRA 242, 258. 69 Id. Section 251.
65 De Castro vs. COMELEC, 267 SCRA 806, 809. 70 Id. Section 251.
66 Id. 71 Id. Section 253.
67 Id. at 810.
● It refers to an election contest relating to
the qualifications of an elective official on The Commission shall prescribe the rules to govern
the ground of ineligibility or disloyalty to the procedure and other matters relating to
the Republic of the Philippines. The issue election contests pertaining to all national,
is whether respondent possesses all the regional, provincial and city offices, not later than
qualifications and none of the thirty days before such elections. Such rules shall
disqualifications prescribed by law. 72 provide a simple and inexpensive procedure for the
expeditious disposition of election contests and
● “The fact that the candidate who obtained shall be published in at least two newspaper of
the highest number of votes is later general circulation.
declared to be disqualified or not eligible
for the office to which he was elected does A.M. No. 10-4-1-SC “Rules of Procedure in Election
not necessarily entitle the candidate who Contests Before the Courts involving Elective
obtained the second highest number of Municipal Officials”
votes to be declared the winner of the Rule 2:
elective office. The votes cast for a dead, The RTC has exclusive jurisdiction.
disqualified, or non-eligible person may Initiated by filing a protest or a petition for
not be valid the vote the winner into office quo warranto.
or maintain him there. However the o An election protest shall not
absence of a statute which clearly asserts a include a petition for quo
contrary politics and legislative policy on warranto, nor shall a petition for
the matter, if the votes were cast in the quo warranto include an election
sincere belief that the candidate was alive, protest.
qualified, or eligible, they should not be Service and filing of pleadings shall be
treated as stray, void or meaningless.” 73 done personally EXCEPT papers
emanating from the court.
Cases on Petition for Quo Warranto A petition contesting the election or
● A petition for quo warranto may be filed returns for an elective municipal office
only on the grounds of ineligibility and shall be filed with the RTC by any
disloyalty to the Republic of the candidate who was voted for the same
Philippines. A petition for quo warranto in office and who received the second or
the HRET is directed against one who has third-highest number of votes
been duly elected and proclaimed for o Each contest shall refer
having obtained the highest number of exclusively to one office Except
votes but whose eligibility is in question at for office Sangguniang Bayan may
the time of such proclamation.74 be consolidated in one case.
● The present rule is as long as there is a A petition for quo warranto can be filed by
proclamation made by the canvassing any party.
board or the COMELEC, such declaration of The election contest or petition for quo
the winner results in a valid election that warranto must be verified and
applies and corresponds to the service accompanied by a certificate of non-forum
actually rendered by the proclaimed shopping.
official. This substantially complies with o An unverified or insufficiently
the prescribed valid election regardless of verified petition or one that lacks
whether the nullification came prior to or a certificate of non-forum
after the term’s expiration. The reason is shopping shall be dismissed
the election of the proclaimed winner to outright.
the local government position is legal and The period to file the protest or petition
valid until annulled in the protest or quo shall be filed within a non-extendible
warranto proceedings.75 period of 10 days counted from the date of
PROCEDURE IN ELECTION CONTESTS: proclamation.
72 AM. No. 07-4-15-SC, Rule 1, Sec. 3 (e) 74Codilla, Sr. vs. De Venecia, 393 SCRA 639, 680.
73 Abella vs Commission on Elections, 201 SCRA 253 75Rivera III vs. Commission on Elections, 523 SCRA 41,
69.
election contest or a quo warranto
JUDICIAL COUNTING OF VOTES IN ELECTION proceeding has been instituted or where
CONTEST the appeal of said case has been taken shall
Where allegations in a protest or counter- notify immediately the President of the
protest so warrant final disposition thereof.
Where in the opinion of the court the
interests of justice so require In election contests involving provincial,
It shall immediately order the books of city. Municipal or barangay offices, notice
voters, ballot boxes and their keys, ballots of such final disposition shall also be sent
and other documents used in the election to the secretary of the local sanggunian
be brought before it and that the ballots concerned. If the decision be that none of
be examined and the votes recounted. 76 the parties has been legally elected, said
official shall certify such decision to the
APPEALS President and to the Commission.83
Any decision of the Regional Trial Court77
Quo Warranto petitions filed in election Rationale:
contests affecting municipal officers 78 “The statutory scheme clearly mapped out in the
The aggrieved party may appeal to the Revised Election Code is that proceedings in
Court of Appeals. election protests are special and expeditious. The
No motion for reconsideration shall be periods for filing pleadings are short. Trials are
entertained by the court. swift. Decisions in municipal election contests are
It shall be decided within 60 days after the to be handed down in six months after the protest
case has been submitted for decision. 79 is presented. Preferential disposition of election
contests except as to habeas corpus proceedings is
set forth in the law. The proceedings should not be
encumbered by delays. All of these are because the
DECISION IN THE COMMISSION term of elective office is likewise short. There is the
The Commission on Election shall decide personal stake of the contestants which generates
all election cases brought before it within feuds and discords. Above all is the public interest.
90 days from the date of their submission Title to public elective office must not be left long
for decision. under cloud. Efficiency of public administration
The decision shall become final 30 days should not be impaired. It is thus understandable
after receipt of judgment80 that pitfalls which may retard the determination of
election contests should be avoided. Courts should
PREFERENTIAL DISPOSITION OF ELECTION heed the imperative need for dispatch. Obstacles
CONTEST IN COURTS 81 and technicalities which fetter the will of the
people should not stand in the way of a prompt
The Court will give preference to election
contests over all other cases EXCEPT those termination of elections contests.”84
of habeas corpus.
It will hear the case within 30 days from its
submission and decide upon it within 6
months after filing the case.
Actual or compensatory damages may be
granted in election contests or quo
warrranto proceedings.82