election pre-bar

7/27/2019 Election Pre-Bar

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PHILIPPINE ELECTION LAW

PRE-BAR REVIEW 2011By: Atty. Jocelyn Valencia

SUFFRAGE

Means by which people express their sovereign judgment and its free exercise must be protected

especially against the purchasing power of the peso. !olasco v. "omelec #$% &"'A $()*

+t is both a right and a privilege. 'ight because it is the expression of the sovereign will of the

people. A privilege because its exercise is conferred only to such persons or class of persons as

are most li,ely to exercise it for the purpose of the public good.

CONSTITUTIONAL BASIS

Article II Sectio 1! -he hilippines is a democratic and republican state. &overeignty resides in the

people and all government authority emanates from them.

Article V Sectio 1! &uffrage may be exercised by all citi/ens of the hilippines !0- otherwise

dis1ualified by law2 who are at least 34 years of age who shall have resided in the hilippines for at least

one 3* year and in the place wherein they propose to vote for at least six (* months in the immediately

preceding the elections. !o literacy2 property or other substantive re1uirements shall be imposed on the

exercise of suffrage.

Sectio 2! -he "ongress shall provide for a system of securing the secrecy and sanctity of the ballot as

well as a system of absentee voting by 1ualified 5ilipinos abroad.

-he "ongress shall also design a procedure for the disabled and illiterates to vote without the

assistance of other persons. 6ntil then2 they shall be allowed to vote under existing laws and such rules as

the "ommission on 7lections may promulgate to protect the secrecy of the ballot.

WHO "A# REGISTER $RA %1%&' $A Act Pro(i)i* +or t,e Geerl Re*i.trtio o+ Voter.

/ro(i)i* +or S.te o+ Cotii* Re*i.trtio 3,ic, too4 e++ect o 5e 11' 1&&67

Re*i.trtio o+ (oter.is a means of determining who possess the 1ualifications of voters and regulating

the exercise of the right of suffrage. 'egistration is essential to enable a 1ualified voter to vote in any

election or any form of popular intervention.

W,t i. Re*i.trtio8 'egistration refers to the A"-of accomplishing and filing of a sworn applicationfor registration by a 1ualified voter before the election officer of the city or municipality wherein he

resides and including the same in the boo, of 'V upon approval by the 7lection 'egistration Board &ec.

)a**.

8O"ESTIC VOTERS

Sectio & W,o Re*i.ter8 All citi9e. o+ t,e P,ili//ie.!0- otherwise dis1ualified by law who

are at le.t 1% er. o+ *e2 who shall have re.i)e) i t,e P,ili//ie. +or t le.t oe $17 er' ) i

t,e /lce 3,erei t,e /ro/o.e to (ote' +or t le.t .i: $67 ot,. immediately preceding the

elections.

Any person who te/orrilresides in another city2 municipality or country .olelby reason of

his occupation2 profession2 employment in private or public service2 educational activities2 wor, in the

military or naval reservations2 within the hilippines2 service in the A52 or confinement or detention in

government institution in accordance with law2 shall NOTbe deemed to have lost his original residence.

A /er.o 3,o' o t,e ) o+ re*i.trtio ot ,(e rec,e) t,e re;ire) *e or

/erio) o+ re.i)ece


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Any person who has been sentenced by final judgment to suffer imprisonment for not less than

one 3* year.

Any person who has been adjudged by final judgment by competent court or tribunal of having

committed any crime involving disloyalty to the duly constituted government such as rebellion2

sedition2 violation of the antisubversion and firearms law2 or any crime against national security

in accordance with the law.

+nsane or incompetent as declared by competent authority.

WHEN 8ISABILIT# RE"OVE8

lenary pardon or amnesty 8 those sentenced by final judgment! Article I>-C' Sectio ?

provides that the resident cannot2 without the favorable recommendation of the "omelec grant

pardon2 amnesty2 parole or suspension of sentence in cases involving violation of election laws

and violation of election rules and regulations.

7xpiration of five %* years after service of sentence

0fficial declaration by the proper authority that the insanity or incompetency no longer exist.

Re.i)ec Re;ireet@

"itr (.! Coi..io o Electio.' Atoio Go9le. ) Orl)o Bl


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A 1ualified voter personally files an application for registration 9A+;? with the office of the

election officer during regular office hours. -he 7'B are authori/ed to act on all applications for

registration .

LI"ITATION@ !o registration shall be conducted during the period starting 3#@ days before a regular

elections and @ days before a special elections.

Sec! 1? Electio Re*i.trtio Bor)8 -here shall be in each city and municipality as many as 7'B


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Any person who failed to vote in the two #* successive preceding regular elections as shown by

his voting records.

Any person whose registration has been ordered excluded by the court.

Any person who has lost his 5ilipino citi/enship.

5or purposes of the above 8 the "ler,s of "ourt of the M-"2 M-""2 '-" and &B shall furnish the70 of the city or municipality concerned at the end of each month a certified list of persons who aredis1ualified by virtue of a final judgment2 with their addresses.

5or those who lost their citi/enship2 insanity and incompetency2 the "omelec may re1uest a certified

list of such persons from the government agencies concerned.

Sec! 2% REACTIVATION 8 is a process whereby a voter whose registration records has been

deactivated files with the election officer a sworn application for reactivation of his registration in the

form of an affidavit by stating therein that the grounds for the deactivation no longer exist.

PERIO8 TO FILE8 Any time but not later than 3#@ days before a regular election and @ days before a

special election. 6pon approval2 the Board2 shall retrieve the registration records from the inactive file

and include the same in the corresponding precinct boo, of voters.

'7C6+'7M7!-: ;ocal heads or representatives of political parties shall be properly notified of the

approved applications.

Sec! 2& CANCELLATION8 is a process wherein the Board cancels the registration records of those

who have died as certified by the local civil registrar who shall submit each month a certified list ofpersons who died during the previous month to the election officer of the place where the deceased is

registered.

PETITION FOR INCLUSION OR E>CLUSION! 'emedies of persons whose application for

reactivation2 inclusion or correction has been disapproved or those who intend to exclude a voter from the

list of voters.

Pl;i (! Coelec 61 SCRA ? Voters< inclusion>exclusion proceedings essentially involve the

issue of whether a petition shall be included in or excluded from the list of voters based on the

1ualifications re1uired by law and the facts presented to show possession of these 1ualifications. 0n the

other hand2 the "0" denial>cancellation proceedings involve the issue of whether there is a false

representation of a material fact.

Sec! 5URIS8ICTION 8 -he Municipal and Metropolitan -rial "ourts shall have original

jurisdiction over all cases of inclusion and exclusion of voters in their respective cities or municipalities.

By express provision of Article I>-C' Sectio 2 $7 o+ t,e Co.tittio2 the "omelec shall decide all

1uestions affecting elections2 e:ce/t t,e ri*,t to (ote. -his 1uestion is a justiciable issue which finds

redress in the judiciary. P*t (! Coelec SCRA 1 $1&27!

Pl;i (.! Coelec 61 SCRA ? +t is not within the province of the '-" in a voterexclusion proceedings to ta,e cogni/ance of and determine the presence of a false

representation of a material fact. +t has no jurisdiction to try the issues of whether the misrepresentation

relates to material fact and whether there was an intension to deceive the electorate in terms of one


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8oio (! Coelec 10 ?6 $1&&&*. 7xcept for the right to remain in the list of voters or for being

excluded thereform for the particular election in relation to which the proceedings had been held2 a

decision in an exclusion proceeding2 even if final and unappealable does not ac1uire the nature of res

judicata. -hus2 a decision in an exclusion proceeding would neither be conclusive on the voters politicalstatus2 nor bar subse1uent proceedings on his right to be registered as a voter in any other election.

Sec! Petitio +or Icl.io o+ Voter.in the list 8 WHO "A# FILE: any person whose application

for registration 8

Das been disapproved by the BoardE or

=hose name has been stric,en out from the listE

=hose name was not included in the precinct list of voters

=ho has been included therein with a wrong or misspelled name after the Board disapproves its

application for reinstatement or correction of name* may file with the court.

PERIO8 TO FILE: Any time except 3@% days prior to a regular election or $% days prior to a special

election. -he petition should be supported by a certificate of disapproval of his application and proof ofservice of notice upon the Board. M-" shall decide within fifteen 3%* days after it filing.

+f the decision is for the inclusion of voters in the permanent list of voters2 the Board shall place the

application for registration previously disapproved in the corresponding BV and indicate in the

application for registration the date of the order of inclusion and the court which issued the same.

Sectio ? Petitio +or E:cl.io o+ Voter. +ro t,e li.t 8 =D0 MA? 5+;7: any registered voter2

representative of a political party or the 7lection 0fficer.

PERIO8 TO FILE: Any time except 3@@ days prior to a regular election or (% days prior to a special

election. &upporting documents shall be proof of notice to the Board and to the challenged voter. M-"

shall decide within ten 3@* days.

+f the decision is for exclusion2 the Board2 shall remove the voters registration record from the

corresponding BV2 enter the order of exclusion therein.

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FO(er.e. Ashe executes2 upon registration2 an affidavit prepared for the purpose by the "ommission

declaring that he>she shall resume actual physical permanent residence in the hilippines notlater than three )* years from approval of his>her registration under this Act. &uch affidavit

shall also state that he>she has not applied for citi/enship in another country. 5ailure to

return shall be caused for the removal of the name of the immigrant or permanent resident

from the !ational 'egistry of Absentee Voters and his>her permanent dis1ualification to votein absentiaE

e* Any citi/en of the hilippines abroad previously declared insane or incompetent by

competent authority in the hilippines or abroad2 as verified by the hilippine embassies2

consulates or foreign service establishments concerned2 unless such competent authority

subse1uently certifies that such person is no longer insane or incompetent.

"clitl (! Coelec 0? SCRA 61 $20078 -he execution of the affidavit itself is not the enabling

or enfranchising act. -he affidavit re1uired in Sectio ?$)* is not only proof of the intention of theimmigrant or permanent resident to go bac, and resume residency in the hilippines2 but more

significantly2 it serves as an explicit expression that he had not in fact abandoned his domicile of origin.

-he affidavit is re1uired of immigrants and permanent residents abroad because by their status in the host

countries2 they are presumed to have relin1uished their intent to return to this countryE thus2 without the

affidavit2 the presumption of abandonment of hilippine domicile shall remain.

Ri*,t o+ S++r*e o+ 8l.= $O(er.e. A


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enfranchise as much as possible all overseas 5ilipinos2 who2 save for the residency re1uirement exacted of

an ordinary conditions2 are 1ualified to vote as ruled in "4litl (.! Coelec 0? SCRA 61

Cor)or (! Coi..io o Electio. ?%0 SCRA 12 $200&7 8 "ordora concluded that -ambunting

failed to meet the residency re1uirement because of -ambunting


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'eligious sects are prohibited to be registered for the purpose of the electoral process which is

made in the spirit of separation of church and state and intended to prevent churches fromwielding political power.

9oes not extend to organi/ations with religious affiliations or to political parties which derive

their principles from religious beliefs. ban on "atholic "hurch2 +glesia in Hristo or the muslim

denomination*

-hos who see, to achieve their goals through unlawful means

-hose which refuse to adhere to the "onstitution

-hose which are supported by any foreign government $Sec! 2$?7 Article I>-C7

Ccelltio o+ Re*i.trtio $Sec! %7 6pon verified complaint of any interested party2 or motu propio

by the "ommission2 the registration of any political party . coalition of political parties or organi/ations

under the partylist system may be cancelled after due notice and hearing on the following grounds:

a* Acceptance by the political party2 coalition of political parties2 or organi/ations or any of its

candidates2 of financial contributions from foreign governments and>or their agencies for

activities related to elections.

b* Violation of laws2 rules or regulations relating to elections2 plebiscites2 referenda or initiative. 6ntruthful statements in its petition for registration

d* -he said political party2 coalition of political parties or organi/ation has become a religious

sect or denomination2 is pursuing its goals thru violence or other unlawful means2 is refusing to

adhere to or uphold the "onstitution of the hilippines2 or is receiving support from any foreign

governmentE

e* 5ailure to comply with applicable laws2 rules or regulations of the "ommission

f* 5ailure to field official candidates in the last two preceding elections or failure of their

candidates to obtain at least five %* per centum of the votes cast in the last two preceding

elections.

LiI-C ) Rle 2 o+ t,e CRP re*lte t,e re*i.trtio o+ /oliticl

/rtie.' or*i9tio. or colitio o+ /oliticl /rtie.! Accreditation as a dominant party is

governed by "omelec 'esolution !o. 4$%#2 &ection 3 of which states that the petition for

accreditation shall be filed with the "ler, of the "ommission who shall doc,et it as an & 9M*

case. -his was the manner the !!" was doc,eted.

'egistration of political parties is a special proceedings assigned to a 9ivision for handling underthe "'. !o similar clear cut rules is available to a petition for accreditation as a dominant party.

'egistration must first ta,e place before a re1uest for accreditation can be made. Accreditation is

the next natural step to follow after registration.

Dence2 when the "omelec 7n Banc2 resolved the registration of the ! !" the case is terminated andripe for review by the &" via a etition for "ertiorari. -he issue with respect to accreditation is a separate

issue which is treated in a separate proceedings. As ruled2 a Motion for 'econsideration of a 'esolution

of the "omelec 7n Banc is a prohibited pleading $Sec! 1$)7 Rle 17! -he remedy available to a party is

a petition for certiorari with the &" pursuant to Article +KA2 &ec. $ and 'ule (% of the 'ules of "ourt.

L


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resolution2 a "ertificate of !omination of &en. anfilo ;acson as ;9 candidate for resident was filed

with the "omelec which was signed by 'ep. A1uino as ;9 &ecretary Ieneral

"omelec issued a 'esolution granting the petition with ;7IA; 7C6+-? for both etitioner and

0ppositor Angara =ind and A1uino =ing*. +&&67: =hether or not "omelec gravely abused itsdiscretion in issuing the subject 'esolution. '6;+!I 8 t,e ol i..e i. .i/l W,o .


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/lce) l.t i t,e li.t! Ic


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"omelec gravely abused its discretion in promulgating Sectio 1 o+ Re.! No! %0 . it e:/)e)

t,e e:ce/tio. )er Sec! % o+ RA &1 Sectio % eerte. ol i.tce. i 3,ic, t,e /rt-li.t

or*i9tio c .


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coalition +5 +t: 7 +il. to /rtici/te i t,e l.t 2 /rece)i* electio. OR $


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for registration with "omelec in #@@( and its accreditation was denied on the ground that the org had no

substantial membership. ;adlad in #@@ again filed a petition for registration which was dismissed by

"omelec on moral grounds.

-he &" ruled that moral disapproval is not a sufficient governmental interest to justify exclusion ofhomosexuals from participation to the party list system. -he crucial element is not whether a sector is

specifically enumerated2 but whether a particular organi/ation complies with the re1uirements of the"onstitution and 'A $3. -he &" found that ;adlad has sufficiently demonstrated its compliance with

the legal re1uirements for accreditation.

Veter. Fe)ertio Prt (! Coelec 2 SCRA 22 the &" provided for the four uni1ue parameters

of the 5ilipino artylist &ystem which are as follows 8

-he #@ allocation 8 the combined number of all partylist congressmen shall not exceed #@ of

the total membership of the D'2 including those under the partylistE

-he # threshold 8 only those parties garnering a minimum of # of the total valid votes cast for

the partylist system are F1ualifiedG to have a seat in the D'E

-he )seat limit 8 each 1ualified party2 regardless of the number of votes it actually obtained2 is

entitled to a maximum three seats2 that is2 one 1ualifying and two additional seatsE

-he proportional representation 8 the additional seats which a 1ualified party is entitled to shall

be computed Fin proportion to their total number of votes..

+n this case2 following the May332 34 national elections which is the first election for partylist

representation2 the "omelec en banc proclaimed 3 parties and organi/ations which had obtained at least

# of the total number of votes cast for the partylist system which constitute a total of #% nominees short

of the %# partylist representatives who should actually sit in the house. -he AIA&A files with the

"omelec a etition to proclaim the full number of partylist representative provided by the "onstitution.-hey alleged that the filling up of the #@ membership of party list representative in the Douse2 as

provided under the "onstitution2 was mandatory. !ine other party list organi/ations filed their respective

motions to intervene see,ing the same relief as that sought by AIA&A on substantially the same

grounds.

-he "omelec2 contrary to its rules and regulations governing the said elections2 instead proclaimed

the other )4 partylist organi/ation notwithstanding its not having garnered the re1uired # votes.

'6;+!I: Sec! ?$27 o+ Article VIwhich states that the sectoral representation shall constitute the #@ is

not FmandatoryG as it merely provides a ceiling for partylist in congress. And2 obtaining absolute

proportional representation is restricted by the )seat per party limit to a maximum of two additional slots.

"omelec was held to have abused its discretion in disregarding an act of "ongress.

+n B*o* Bi L


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religious group2 the "ourt notes the express constitutional provision that the religious sector

may not be represented in the partylist system. 5urthermore2 the "onstitution provides that

Freligious denominations and sects shall not be registered.G -he prohibition was explained by a

member of the "onstitutional "ommission in this wise F-he prohibition is on any religious

organi/ation registering as a political party. + do not see any prohibition here against a priestrunning as a candidate. -his is not prohibited hereE it is the registration of a religious sect as a

political party.G

+t must not be dis1ualified under the ground enumerated under Sectio 6 o+ RA &1not areligious sect or denomination or association organi/ed for religious purposes2 advocates

violence or unlawful means to see, its goalE a foreign party or organi/ationE receives support

from any foreign government2 fails to comply with laws rules or regulations relating to

elections2 declared untruthful statement in its petition2 it has ceased to exist for at least one 3*

year2 it fails to participate in the last # preceding elections or failed to obtain at least # of the

votes cast under the party list system in the # preceding elections for the constituency in which

it was registered*

-he party or organi/ation must not be an adjunct of2 or a project organi/ed or an entity funded

or assisted by the government referring to MA9 of 'ichard Iome/*. +t must be independentof the government. -he participants of the government or it officials in the affairs of a partylist

candidate is not only illegal and unfair to other parties2 but also deleterious to the objective of

the lawE to enable citi/ens belonging to marginali/ed and underrepresented sectors and

organi/ations to be elected to the Douse of 'epresentatives.

-he party must not only comply with the re1uirements of the law2 its nominees must li,ewise

do so. Sectio & o+ RA &1 reads 8 F1ualifications of arty;ist !ominees 8 !o person shall

be nominated as partylist representative unless he is a natural born citi/en of the hilippines2 a

'V2 a resident of the hilippines for a period of not less than 3 year immediately preceding the

day of the election2 able to read and write2 a bonafide member of the party or organi/ation

which he see,s to represent for at least @ days preceding the day of the elections and is at least

#% years of age on the day of the election.

!ot only the candidate party must represent the M and 6 sectors2 so also must li,ewise be able

to contribute to the formulation and enactment of appropriate legislation that will benefit the

nation as a whole.

+n Prti)o N* "**3 $P"7 ) BUTIL Frer. Prt (! Coelec2 et. al.2 the etition

before the &" involves the formula for computing the additional seats for winners in partylist elections

and whether or not "omelec2 as the !ational Board of "anvassers for the partylist system2 could becompelled by the &" to mechanically apply the formula stated in its "omelec 'esolution reiterated in the

Bagong Bayani cases in the determination of 1ualified partylist organi/ation and in the proclamation of

their respective nominees.

+n the earlier case of Veterans 5ederation arty vs. "omelec the &" came up with a simplified

formula in the computation of additional seats for partylist which was reiterated in the other cases of

Bagong Bayani2 Bayan Muna2 etc. =ith this development2 M and Butil filed with the "omelec a

petition to retabulate the partylist votes and immediately proclaim their respective second nominees to

the D'. -he "omelec however failed to resolve the substantive issued and retabulate the votes despite

the lapse of time. Dence2 the petition see,ing the issuance of a writ of mandamus to compel "omelec to

mechanically apply the formula in the case Veterans 5ederation "ase.

"omelec argue that the etition is improper relying on Sec! o+ Article I>-A o+ t,e 1&%

Co.tittiothat Fany order2 decision or ruling of the "omelec may by brought to the &" on certiorari bythe aggrieved party within )@ days from receipt of a copy thereof.G2 that this provision was construed as a

special action of certiorari under 'ule (% and not appeal by certiorari under 'ule ( and that the duty toproclaim the second nominees is not ministerial but discretionary2 hence2 it is not subject to the writ of

mandamus.

"omelec argue that the etition is improper relying on &ec. $ of Article +KA of the 34$

"onstitution that Fany order2 decision or ruling of the "omelec may by brought to the &" on certiorari by

the aggrieved party within )@ days from receipt of a copy thereof.G2 that this provision was construed as a

special action of certiorari under 'ule (% and not appeal by certiorari under 'ule ( and that the duty to

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proclaim the second nominees is not ministerial but discretionary2 hence2 it is not subject to the writ of

mandamus. RULING@

3* &" has original jurisdiction over petitions for certiorari2 prohibition and mandamus.

#* Mandamus will lie if it is a purely ministerial act of "omelec)* "omelec has no discretion to refuse enforcement of any decision of the &"

* +t is the averments in the complaint and not the nomenclature given by the parties2 that determinethe nature of the action petition for Mandamus may be treated as a petition for certiorari and

mandamus considering that it alleges that the respondent "ommission acted contrary to

prevailing jurisprudence2 hence2 with grave abuse of discretion and without jurisdiction.

-he 'esolution of "omelec was not in the exercise of the CJ functions but in the exercise of its

administrative functions to enforce and administer election laws.

-he simplified formula in the Veterans case was reiterated and the four * inviolable parameters of

the party list system under the "onstitution and 'A $3 are still the 3* #@ allocation #* the #

threshold )* the ) set limit and * the proportional representation N the additional seats which a 1ualified

party is entitled to shall be computed Fin proportion to their total number of votes.G.

Bt Re/


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-here shall be a Viceresident who shall have the same 1ualifications and term of office and be

elected with2 and in the same manner2 as the resident. De may be removed from office in the same

manner as the resident $Article VII' Sectio 2 ) ' Co.tittio7

For Setor !o person shall be a &enator unless he is a naturalborn citi/en of the hilippines and2 onthe day of election2 is at least )% years of age2 able to read and write2 a registered voter2 and a resident of

the hilippines for not less than # years immediately preceding the elections. Article VI' Sectio 'Co.tittio7

For "e


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Go (! Coelec ? SCRA & $20017 -here is nothing that mandates that the affidavit of withdrawal

must be filed with the same office where the certificate of candidacy to be withdrawn was filed. -hus2 it

can be filed directly with the main office of the "omelec2 the office of the regional election supervisor

concerned2 the office of the provincial election supervisor of the province to which the municipality

involved belongs2 or the office of the municipal election officer of the said municipality.

EFFECTS@ FILING OF CERTIFICATE OF CAN8I8AC#

Sec! 66 BP %%1OEC. An appointive official is considered resigned upon the filing of his>her certificate

of candidacy. -he forfeiture is automatic and the operative act is the moment of filing which shall render

the appointive official resigned Nicol.or (! CSC 1&&0 c.e ) PNOC (! NLRC' " 1' 1&&7 2

where the provision of &ec. (( is applicable also to I0"" and can constitute as a just cause for

termination of employment in addition to those set forth in the ;abor "ode.

Sec! 607" 8 An elective official running for a position other than the one he is holding in a permanent

capacity2 except for resident and Viceresident2 is deemed resigned upon the filing of his certificate of

candidacy. &ection ($ has been repealed by Sectio 1 o+ RA &006 $T,e Fir Electio. L372 a

candidate holding an elective position whether national or local running for office other than the one he is

holding in a permanent capaci is considered resigned only upon the expiration of his term..

Sic (! "l 1? SCRA 266 $1&&& * 8 -he provision of the election law regarding certificates of

candidacy2 such as signing and swearing on the same2 as well as the information re1uired to be stated

therein2 are considered mandatory prior to the elections. -hereafter2 they are regarded as merely

directory.

Sectio RA 166 -ime and lace of 5iling

SUBSTITUTION OF CAN8I8AC#

Sectio BP %%1. Candidates in case of death, disqualification or withdrawal of anotherAfter the last

day for the filing of certificates of candidacy2 an official candidate of a registered or accredited politicalparty dies2 withdraws or is dis1ualified for any cause2 only a person belonging to2 and certified by2 the

same political party may file a certificate of candidacy to replace the candidate who died2 withdrew orwas dis1ualified. -he substitute candidate nominated by the political party concerned may file his

certificate of candidacy for the office affected in accordance with the preceding sections not later than

midday of the date of the election. +f the death2 withdrawal or dis1ualification should occur between the

day before the election and midday of election day2 said certificate may be filed with the board ofelection inspectors in the political subdivisions where he is a candidate or2 in the case of candidates to be

voted for by the entire electorate of the country2 with the "ommission.

A valid certificate of candidacy is an indispensable re1uisite in case of substitution of a

dis1ualified candidate under &ec. $$. 6nder said provision2 the candidate who dies2 withdraws or is

dis1ualified must be an official candidate of a registered or accredited political party and the substitutecandidate must be of the same political party as the original candidate and must be duly nominated as

such by the political party.

Rllo) (.! Coelec G!R! No! 1?1&% 5r 20' 200 8 -he absence of a specific provision

governing substitution of candidates in barangay elections cannot be inferred as a prohibition against said

substitution. &uch a restrictive construction cannot be read into the law where the same is not written.

+ndeed2 there is more reason to allow substitution of candidates where no political parties are involved

than when political considerations or party affiliations reign2 a fact that must have been subsumed by law.

RESI8ENC# REKUIRE"ENT

"itr (.! Coi..io o Electio.' Atoio Go9le. ) Orl)o Bl


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Cor)or (.! Coelec ?%0 SCRA 12 -he fact that a candidate has dual citi/enship prior to his filing his

certificate of candidacy 907& !0- dis1ualify him from running for public office.

Co;ill (.! Coelec %? SCRA 60 8 A former 5ilipino citi/en not having the status of an alien

resident* cannot be considered a resident of the hilippines and in the locality he intends to be electedprior to his reac1uisition of hilippine citi/enship.

-he Fterm residenceG is to be understood !0- in its common acceptation as referring to FdwellingG or

FhabitationG2 but rather to FdomicileG or legal residence2 that is2 Fthe place where the party actually or

constructively has his permanent home2 where he2 no matter where he may be found at any given time2

eventually intends to return and remain animus manendi*G. A domicile of origin is ac1uired by every

person at birth. +t is usually the place where the child


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-he dis1ualification is removed by

plenary pardon or granted amnesty

upon declaration by a competent authority that said insanity or incompetence had been

removed

expiration of a period of % years from his service of sentence unless of course within the

same period he again becomes dis1ualified.

27 Sec! 6% o+ t,e OEC

those guilty of giving money or material consideration to influence2 induce or corrupt voters or

public official performing electoral functionsE

those who have committed terrorism to enhance his candidacy

those who have spend in the election campaign more than that re1uired by law

hp3@>'V>hp%.@@*

NOTE@ &ection (4 deals with a petition to dis1ualify a candidate for other violations of the election code

as specified in said section2 and against a candidate who is a permanent resident or immigrant of a foreign

country. -hat section does not specify a period within which to file the petition.

+n Co)ill (.! 8e Veeci & SCRA 62 it was held that the power of "omelec to dis1ualify

candidates is limited to the enumerations mentioned in &ection (4 of the 07". 7lements to be

proved are as follows:

the candidate2 personally or through his instructions2 must have given money or other material

consideration and

the act of giving material consideration or money should be for the purpose of influencing2

inducing or corrupting the voters or public officials performing electoral functions.

=hen a candidate is not yet dis1ualified by final judgment during the election day and was voted for2 the

votes cast in his favor cannot be declared stray. -he D'7- has no jurisdiction to review

decisions or resolutions of the "omelec2 whether issued by a division or en banc.

7 Sec! 6& Petitio to A


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contents of the "0"* of the 07" is false. -he petition may be filed at any time not later than #% days

from the time of the filing of the certificate of candidacy and shall be decided2 after due notice and

hearing2 not later than 3% days before election.G

W,o +ile8 by any person through a verified petition

O W,t Gro).8 the candidate made material misrepresentation in his certificate of candidacy.

Sectio % )el. e:cl.i(elG with a petition to deny due course to a "0" on the ground thata material representation in the contents of the certificate under &ec. $2 is false. pertains to a

candidateexclusion proceedings essentially involve the

issue of whether a petition shall be included in or excluded from the list of voters based on the

1ualifications re1uired by law and the facts presented to show possession of these 1ualifications. 0n the

other hand2 the "0" denial>cancellation proceedings involve the issue of whether there is a false

representation of a material fact. -he false representation must necessarily pertain not to a mereinnocuous mista,e but to a material fact or those that refer to a candidate


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the electorate as to one 1ualification ma,ing reference to &alcedo ++ that in order to justify the

cancellation of the "0" under &ection $42 it is essential that the false representation mentioned therein

pertained to a material matter for the sanction imposed by this provision would affect the substantive

rights of a candidate 8 the right to run for the elective post for which he filed the "0". -here is also no

showing that there was an intent to deceive the electorate as to the identity of the private respondent2 northat by using his 5ilipino name the voting public was thereby deceived.

I Ll9 (! Coelec G!R! No! 12%0 5e ' 200 &" ruled that first2 a misrepresentation in a "0" is

material when it refers to a 1ualification for elective office and affects the candidate


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Gre*o (! Coelec 2 SCRA %12 the "ourt ruled that &ec. @ of 'A $3(@ does not have any retroactive

effect. +n this case a 9eputy &heriff was removed for serious misconduct in 343. De run in 3# O

3%. Dis removal in 343 cannot serve as basis for his dis1ualification. ;aws have prospective effect.

-hose with dual citi/enship . -he relevant cases under this provision are the cases of 8

Mercado v. Man/ano O "omelec I.'. !o. 3)%@4) May #%2 3

A/nar v. "omelec 34% &"'A $@)

"irilo Valles v. "omelec O ;ope/ I.'. P3)4@@@ August 2 #@@@

+n A9r'it was ruled that the mere fact that respondent 0smeQa was holder of a certificate stating that

he is an American citi/en did not mean that he is no longer a 5ilipino O that an application for an A"'

was not tantamount to renunciation of his hilippine "iti/enship.

"erc)o (! "9o Coelec2 it was held that the fact that respondent Man/ano was registered as anAmerican citi/en in the B+9 O was holding an American passport on April ##2 3$2 only a year before

he filed a certificate of candidacy for ViceMayor of Ma,ati2 were just assertions of his nationality before

the termination of his American citi/enship.

Vlle. (! Lo/e92 the "ourt held that the mere fact that ;ope/ was a holder of an Australian passport and

had an A"' are not act constituting an effective renunciation of citi/enship and do not militate against

her claim of 5ilipino citi/enship. 5or renunciation to effectively result in the lost of citi/enship2 the same

must be express "om. Act ()2 &ec. 3*. 'eferring to the case of A/nar2 an A"' does not amount to an

express renunciation or repudiation of one


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elective public office in the hilippines shall meet the 1ualifications for holding such public office as

re1uired by the "onstitution and existing laws and2 at the time of the filing of the certificate of candidacy2

ma,e a personal and sworn renunciation of any and all foreign citi/enship before any public officer

authori/ed to administer an oath.

AAS5S "e


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+t was held that the Fthe law does not specify any particular date or time when the candidate must

possess citi/enship unli,e that of residence and age2 as Sec! & o+ RA 160 specifically spea,s of

F1ualification of elective officials2 not candidatesG thus2 the citi/enship re1uirement in the local

government code to be possessed by an elective official at the latest as of the time he is proclaimed and at

the start of the term of office to which he has been elected. But to remove all doubts on this importantissue2 the "ourt held that the repatriation of 5rivaldo retroacted to the date of the filing of his application

on 3$ August 3 and being a former 5ilipino who has served the people repeatedly and at the age of 4325rivaldo deserves liberal interpretation of the hilippine laws and whatever defects there were in his

nationality should now be deemed mooted by his repatriation.

ter liit or ,(i* .er(e) co.ecti(e ter. !

Article >' Sectio %' 1&%"onstitution and Sectio $


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+n holding the 1ualifications of -alaga2 the &" reiterated its ruling in Borja that the term limit for elective

local officials must be ta,en to refer to the right to be elected as well as the right to serve in the same

elective position considering that the continuity of his mayorship was disrupted by the defeat in the 34

elections which is considered as an interruption in the continuity of service. -he &" further held that the

comment of 5r. Bernas is pertinent only to member of the D' there being no recall elections provided formembers of "ongress.

+n Lo9i) (! Coelec ) L 2% 11 SCRA 602 $5l 1&&%7 2 ;on/anida was elected and served #

consecutive terms as municipal mayor of &an Antonio2 Lambales2 prior to the @4 May 3% elections. +n

the May 3% elections2 ;on/anida ran for the same elective post and was again proclaimed winner. De

assumed office and discharged the duties thereof. Dis proclamation in 3% was however contested by

his then opponent Juan Alve/ who filed an election protest before the '-" of Lambales which rendered a

decision dated @ January 3$ declaring a failure of elections rendering the result for the office as null

and void. -he office of the mayor was then declared vacant. Both parties appealed to the "omelec and

on 3) !ov. 3$2 it resolved the election protest filed by Alve/ in his favor after determining that Alve/

garnered the plurality of votes. -he "omelec issued a writ of execution ordering ;on/anida to vacate the

post to which he obeyed and Alve/ assumed for the remainder of the term.

;on/anida again filed his certificate of candidacy for Mayor in the 33 May 34 and his opponent timelyfiled a petition to dis1ualify him for the same post. +&&67: =hether ;on/anida


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-he 1uestion for consideration is whether or not the assumption of 5rancis 0ng as Mayor from July 32

34 to June )@2 #@@32 may be considered as one full term service in the context of the consecutive term

limit rule. -he "ourt declared that such assumption of office constitutes2 for 5rancis2 Fservice for the full

termG and should be counted as a full term served in contemplation of the )term limit prescribed by the

constitutional and statutory provisions2 barring elective officials from being elected and serving for morethan )consecutive terms.

-he "ourt debun,ed the claim of 5rancis 0ng that he was only a presumptive winner in view of the ruling

of the '-" that Alegre was the real winning candidate in the light of his being proclaimed by the MB0"

coupled by his assumption of office and his continuous exercise of the functions thereof from start to

finish of the term2 should legally be ta,en as service for a full term in contemplation of the )term rule.

;on/anida from which 0ng sought refuge is not applicable in view of the involuntary relin1uishment of

office before the expiration of his term. &ame ruling in Ri(er III (.! Coelec ?2 SCRA 7

Al)o(io 5r!' (.! Coelec 60& SCRA 2 $200&7 Article K2 &ection 4 8 both by structure and

substance 8 fixes an elective official


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&ince barangay elections are nonpartisan2 substitution under &ec. $$ is not allowed since there

is no political party from which to designate the substitute. -he absence of a specific provisiongoverning substitution in barangay elections cannot be inferred as a prohibition against said

substitution. &uch restrictive construction cannot be read into the law where the same is not

written. -here is more reason to allow the substitution where no political parties are involved

than when political considerations or party affiliations reign2 a fact that must have beensubsumed by law.

CA"PAIGN AN8 ELECTION PROPAGAN8A

Electio /erio) i. 120 ). @ days before the date of the election and )@ days thereafter.

"ampaign period for res.2 V and &enators starts @ days before the date of the election2 % days for

members of the D' and local candidate and 3% days for barangay official2 which excludes the day before

and the day of the elections.

Pro,i


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employed or retained in any capacity by any candidate or political party shall be deemed resigned2 if so

re1uired by their employer2 or shall ta,e a leave of absence from his>her wor, as such during the

campaign period. Any media practitioner who is an official of a political party or member of the

campaign staff of a candidate or political party shall not use his>her time or space to favor any candidate

or political party.

!o movie2 cinematography or documentary portraying the life or biography of a candidate shallbe publicly exhibited in a theater2 television stations or any public forum during the campaign period or

those portrayed by an actor or media personality who is himself a candidate.

RA &006' Sectio ? Electio .r(e. refers to the measurements of opinions and perceptions of the

voters as regards a candidate


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ABS-CBN 2 SCRA %112 the &" defined exit polls as a specie of electoral survey conducted by

1ualified individuals or groups of individuals for the purpose of determining the probable result of an

election by confidentially as,ing randomly selected voters whom they have voted for2 immediately after

they have officially cast their ballots. An absolute prohibition is unreasonably restrictive because iteffectively prevents the use of exit poll data not only for election days of the elections2 but also for long

term research. -he concern of "omelec of a noncommunicative effect of the exit polls which is disorderand confusion in the voting centers does not justify a total ban of the exist polls. "omelec should instead

set safeguards in place for those who intends to conduct exit polls.

Sectio ?!? o+ RA &006 $Fir Electio. L3 * provides for the re1uirements for the ta,ing of an

exit polls:

pollsters shall not conduct their survey within %@ meters from the polling place whether said

survey is ta,en in a home2 dwelling place and other placesE

pollsters shall wear distinctive clothingE

pollsters shall inform the voters that they may refuse to answerE and

the result of the exit polls may be announced after the closing of the polls on election day2 and

must clearly identify the total number of respondents2 and the places where they were ta,en.. &aid

announcement shall state that the same is unofficial and does not represent a trend.

SOCIAL WEATHER STATION (.! CO"ELEC ? SCRA &6 8 -his case involved the issue on

election surveys. &=& is a private nonstoc,2 nonprofit social research institution conducting surveys in

various fields2 including economics2 politics2 demography and social development2 and thereafter2

processing2 analy/ing and publicly reporting the results thereof. 0n the other hand2 Hamahalan ublishing

"orporation publishes the Manila &tandard2 a newspaper of general circulation2 which features

newsworthy items of information including election surveys.

etitioners brought this action for prohibition to enjoin the "omelec from enforcing par. %. of 'A

@@( which provides2 F&urveys affecting national candidates shall not be published fifteen 3%*

days before an election and surveys affecting local candidates shall not be published seven $* days

before an electionG.

-he term Felection surveysG is defined in par. %.3 of the law as follows G7lection surveys refer to

the measurement of opinions and perception of the voters as regards a candidate


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0n @( January #@@2 "omelec issued 'esolution !o. (%#@ which contained &ection )#. "omelec

directed "have/ to comply with the said provision and replied how he may have violated the assailed

provision. Another letter was sent see,ing exemption from the application of &ection )#2 considering that

the billboard adverted to are mere product endorsements and cannot be construed as paraphernalia for

premature campaigning under the rules.

"omelec replied by informing him to remove or cover the said billboards pending the resolutionof the "omelec on his re1uest for exemption. Aggrieved2 "have/ sent to the &" via a petition for

prohibition see,ing the said provision as unconstitutional based on the following grounds 8

+t was a gross violation of the nonimpairment clause

An invalid exercise of police power

+n the nature of an ex post facto law

"ontrary to the 5air 7lections Act

+nvalid due to overbreadth

As to the 3stissue 8 is &ection )# of "omelec 'esolution !o. (%#@ an invalid exercise of police powerR

etitioner argues: the billboards even if it bears his name* do not at all announce his candidacy for any

public office nor solicit for such candidacy from the electorateE they are mere product endorsements andnot election propaganda. rohibition is not within the scope of power of the "omelec.

'6;+!I 8 police power is an inherent attribute of sovereignty2 is the power to prescribe regulations to

promote the health2 morale2 peace2 education2 good order or safety of the general welfare of the people.

T,e /rir o


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gaining undue advantage in exposure and publicity on account of their resources and popularity.

"omelec was only doing its duty under the law $Sec! ) 1 o+ t,e Fir Electio. Act o l3+l

/ro/*)7

Sectio %0of the 07" provides Fit .,ll her

intended candidacy.

NOTE 8ISSENTING OPINION@ &ection $a* of the 07" defines a UcandidateG as Fany person

aspiring for or see,ing an elective public office2 who has filed a "0".G -he second sentence2 ) rd

paragraph2 &ection 3%2 of 'A 4)(2 as amended by &ection 3) of 'A )(2 provides that Fa*ny person

who files his "0" within the period for filing shall only be considered as a candidate at the start of the

campaign period for which he filed his "0".G -he immediately succeeding proviso in the same ) rd

paragraph states that Fl3+l ct. or oi..io. //lic


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inescapable and logical result is that the same acts2 if done before the start of the campaign period2 are

lawful.

Stttor Co.trctio - SCheld that the 90 should not be too 1uic, to pronounce the ineffectiveness

or repeal of &ec. 4@ of the 07" just because of a change in the meaning of candidate by &ection 3% of 'A4)(2 as amended2 primarily for administrative purposes. An interpretation should be avoided under

which a statute or provision being construed is defeated2 or as otherwise expressed2 nullified or renderednugatory. !ot only will the prohibited act of premature campaigning be officially decriminali/ed2 the

value and significance of having a campaign period before the conduct of elections would also utterly

negated.

A. rle) i +ie: &ection 3% of 'A 4)( as amended2 did not expressly or even impliedly repeal &ection

4@ of the 07"2 and these two provisions2 based on legislative intent and policy2 can be harmoniously

interpreted and given effect

I Lot (.! Coelec ?0 SCRA 11' the "ourt ruled that there are two aspects of a dis1ualification

case:

3* 7lectoral aspect determines whether the offender should be dis1ualified from being a candidate orfrom holding office. roceedings are summary in character and re1uire only clear preponderance

of evidence. An erring candidate may be dis1ualified even without prior determination of

probable cause in a +. -he electoral aspect may proceed independently of the criminal aspect

and viceversa.#* "riminal aspect determines whether there is probable cause to charge a candidate for an election

offense. +f there is probable cause2 the "omelec through its ;aw 9epartment2 files the criminal

information before the proper court. roceedings before the proper court demand a fullblown

hearing and re1uire proof beyond reasonable doubt to convict. A criminal conviction shall result

in the dis1ualification of the offender2 which may even include dis1ualification from holding a

future public office.

Petitio to 8eclre /o.t/oeet' +ilre or let o+ electio. ) cll +or ./ecil electio.i ccor)ce 3it, Sectio. ?'6' o+ t,e OEC . e)e)


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no voting has ta,en place in the precincts concerned on the date fixed by law or2 even if there was

voting the election nevertheless resulted in a failure to elect and

the votes not cast would affect the results of the elections "arlos. V. Angeles*

+n the same case of "o1uilla v. "omelec2 the &" stressed that Fwhat is common in these threeinstances is the resulting failure to elect. +n the first instance2 no election was held2 while in the second2

the election is suspended. +n the third instance2 circumstances attending the preparation2 transmission2

custody or canvas of the election returns cause a failure to elect. And2 the term failure to elect means

nobody emerged as a winner.G

Proce)rl Rle. 0n the basis of a verified petition by any interested party and after due notice and

hearing2 the "omelec may call for the holding or continuation of the election not held2 suspended or

which resulted in a failure to elect on a date reasonably close to the date of the election not held2

suspended or which resulted in a failure to elect but not later than )@ days after the cessation of the cause

of such postponement or suspension of the election or failure to elect.

Sec! o+ RA 166An Act roviding for the &ynchroni/ed !ational and ;ocal 7lections* provides

that any declaration of postponement2 failure of election and calling for a special elections as provided in

&ection %2(2 O $ shall be decided by the "ommission sitting en banc by a majority vote of its members.

-his power is exclusively vested in the "omelec as ruled in the case of Sc,e9 (! Coelec 1& SCRA

%&!

Loo* (! Coelec 2? SCRA 12 a petition to declare failure of elections>annulment of elections on theground of massive fraud in some municipalities was filed before proclamation.. "omelec dismissed the

petition for having been filed out of time since it was filed only after petitioners reali/ed that the

annulment of election will wipe out their lead. D7;9: +t was ruled that the "omelec 'esolution

dismissing the petition was arbitrary as no law provided for a reglementary period within which to file a

petition for annulment of elections if there is no proclamation yet.

Cico. (! Coelec 2%2 SCRA ?122 "anicosa filed with the "omelec a etition to declare failure of

elections and to declare null and void the canvass and proclamation based on the following groundsnames of the 'V did not appear on the list2 padloc,s were not self loc,ing among other* which was

dismissed by the "omelec en banc on the ground that the allegations therein did not justify the declaration

of failure of elections.

"anicosa insists that its was error on the part of "omelec sitting en banc to rule on his petition as

it should have first been heard by a division. -he &" held that the matter relating to the declaration of

failure of elections or the allegations raised by "anicosa did not involve an exercise of CJ or adjudicatory

functions. +t involves an administrative function which pertains to the enforcement and administration of

all laws and regulations relative to the conduct of elections.

P.)l (.! Coelec' et! l!' G!R! No! 1?012 5l 1%' 2002 2 the &" held that a /etitio +or

)eclrtio o+ +ilre o+ electio. i. e:tror)ir ree)= ) t,ere+ore t,e /etitio .t./eci+icll lle*e t,e e..etil *ro). t,t 3ol) D.ti+ t,e .e! Ot,er3i.e' t,e Coelec c

)i.i.. t,e /etitio otri*,t +or lc4 o+ erit ) o *r(e


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were prepared by only one person based on the report of a licensed examiner of 1uestioned documents

who examined copies of the election returns. asandalan failed to attach independent and objective

evidence other than the selfserving affidavits of his own poll watchers.

I B.,er2 t,e +ct t,t electio i. ctll ,el) /re(et. . rle' )eclrtio o++ilre o+ electio.' t,e Cort' ,o3e(er' c l electio i+ it +i). t,t t,e electio i. tte)e)

3it, /tet ) ..i(e irre*lritie. ) ille*litie.! +n this case2 after a series of failed elections inBrgy. Maidan2 Municipality of -ugaya2 ;anao del &ur during the 3$ Brgy. 7lections2 the election was

reset to )@ August 3$. 9ue to the prevailing tension in the locality2 the voting started only at around

p.m. and lasted until the early morning of the following day. Basher filed a petition for the nullification

of the election which was dismissed by the "omelec on the ground that actual voting had ta,en place.

T,e SC o(ertre) t,e Coelec rli*


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BorD' 5r! (! Coelec 260 SCRA 602 a petition for declaration of failure of elections and to nullify the

canvass and proclamation was filed by Borja wherein he alleged that there was lac, of notice of the date

and time of canvass2 there was fraud in the conduct of the elections as several voters were

disenfranchised2 presence of flying voters and un1ualified members of the B7+. -he "omelec dismissedthe petition ruling that the grounds relied upon by Borja were ground proper only in an election contest.

&" upheld the decision of the "omelec.

Peer (.! Coelec ?&& SCRA 60&'is the wellestablished principle that the ineligibility of a candidate

receiving majority votes does not entitle the candidate receiving the next highest number of votes to be

declared elected. +n this case2 the rules on succession under &ection of the ;ocal Iovernment "ode

shall apply which states thatG if a "er!anent $acanc% occurs in the office of the (a%or, the Vice)(a%or

concerned shall &eco!e the !a%or A "er!anent $acanc% arises when an electi$e local official fills a

hi#her $acant office, refuses to assu!e office, fails to qualif% or is re!o$ed fro! office, $oluntaril%

resi#ned, or is otherwise "er!anentl% inca"acitated to dischar#e the functions of his office*

Rllo) (! Coelec' &? SCRA ?? $200*2 the winner is the candidate who has obtained a majority or

plurality of valid votes cast in the election. 5or2 in all republican forms of government2 the basic idea is

that no one can be declared elected and no measure can be declared carried unless he or it receives amajority or plurality of the legal votes cast in the election.

CANVASSING BO8IES

Sectio 221' BP %%1RA 666' Sectio 20 Boards of "anvassers ;ocal Boards*. -here shall be a

board of canvassers for each province2 city and municipality as follows:

a* rovincial Board of "anvassers 8 -he provincial board of canvassers shall be composed of

the provincial election supervisor or a lawyer in the regional office of the "ommission2 as

chairman2 the provincial fiscal2 as vicechairman2 and the provincial superintendent of

schools as member.

b* "ity Board of "anvassers 8 -he city board of canvassers shall be composed of the cityelection registrar or a lawyer of the "ommission2 as chairman2 the city fiscal2 as vice

chairman2 and the city superintendent of schools2 as member. +n cities with more than one

election registrar2 the "ommission shall designate the election registrar as chairman.

c* Municipal Board of "anvassers. 8 -he municipal board of canvassers shall be composed of

the election registrar or a representative of the "ommission2 as chairman2 the municipal

treasurer2 as vicechairman and the most senior district school supervisor or in his absence aprincipal of the school district or the elementary school2 as member.

-he proceedings of the board of canvassers shall be open and public.

B4432 &ection ###. Reltio.,i/ 3it, C)i)te. ) ot,er e


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)* B" 8 Members of the D' and provincial officials composed of the 7&2 rovincial rosecutor

and provincial official of the 9ep7d

* 9istrict B0" in each legislative district in MM 8 members of the D' and municipal officials

%* "ity and MB0" 8 member of the D'2 city and municipal officials composed of the city or

municipal 702 "ity rosecutor and 9ep7d &uperintendent

RA &1%&' Sectio 1%$7 A &pecial Board of "anvassers composed of a lawyer preferably of the"ommission as chairman2 a senior career office from any of the government agencies maintaining a post

abroad and2 in the absence of another government officer2 a citi/en of the hilippines 1ualified to vote

under this Act deputi/ed by the "ommission2 as vicechairman and member secretary2 respectively2 shall

be constituted to canvass election returns submitted to it by the &pecial Boards of 7lections +nspectors.

Kxx xxx F-he "ertificates of "anvass and the accompanying &tatements of Votes as transmitted via

facsimile2 electronic mail and any other means of transmission e1ually safe2 secure and reliable shall be

the primary basis for the national canvass.

CERTIFICATE OF VOTES' STATE"ENT OF VOTES' ELECTION RETURNS AN8

8ISTRIBUTION

"ertificate of Votes 8 is an election document issued by the B7+


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7lection 'eturns and 9istribution 8 'A 43$) amending &ection #$ of 'A $3((2 provides that in the

election for res.2 V2 &enators and members of the D'2 the 7' shall be distributed as follows

3st"B0 or MB0"

#ndcongress2 directed to the res. of the &enate

)rd"omelec

th

9ominant majority party as may be determined by the "omelec in accordance with law %th9ominant minority party as may be determined by "omelec in accordance with law

(th"iti/ens Arms authori/ed by the "omelec to conduct an unofficial count to be deposited inside

the ballot box.

5or ;ocal officials 8 3* "B0B or MB0" #* "omelec )* B0" * 9M %* 9M (* "iti/enCEPTIONS@&ection 3% of 'A $3(( provides that for purposes of the elections for res. and V2

&enators and members of the D'2 no pcases shall be allowed on matters relating the 2-2'2"2 and A of

the 7' or the certificate of canvass2 as the case may be. D0=7V7'2 this does not preclude the authority

of the appropriate canvassing body motu proprio or upon written complaint of an interested person to

correct manifest error in the certificate of canvass or 7' before it.

So 5r! (.! Coelec 611 SCRA ?8 +t is settled that a preproclamation controversy is summary in

characterE indeed2 it is a policy of the law that preproclamation be promptly decided2 so as not to delay

canvass and proclamation. -he board of canvassers will not loo, into allegations of irregularity that are

not apparent on the face of 7'


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intends to appeal from the ruling and the board shall enter said information in the minutes of the

canvass and within 4 hours from the ruling2 the adverse party must file with the board a written

and verified notice of appeal2 and within an unextendible period of % days thereafter2 he has to

ta,e the appeal to the "omelec

in petitions directly filed with it.

"c


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purpose of the proceedings. +n this case2 it was found that all proceedings were conducted by the

respondent "omelec without the participation of the petitioner. =orse2 respondent !avidad was allowed

to file various motions without the ,nowledge of the petitioner. lainly2 these ex party proceedings

offend fundamental fairness and are null and void.

.+n Velayo case2 respondent objected to the inclusion of two #*7'


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the ballots or determination of their validity as is re1uired in an election contest. +ts only purpose is to

count the number of votes as they appear on the face of the ballots.

'e1uisites of recount based on material discrepancies 8 to justify a recount based on material

discrepancies in the 7'2 the following re1uirements must be met 8

-here must be an averment that a discrepancy exists between two or more genuine returns

-he alleged discrepancy must be brought to the attention of the B0"

-he B0" must rule that such discrepancy in the authentic copies of the returns exists

-he difference in the number of votes could affect the result of the election.

=D0 may file petition for recountE 0nly one petition should be filed 8 a petition for recount may be filed

by the B0" or the candidate affected. 7ven the candidate does so alone2 without the concurrence of the

B0"2 does not necessarily follow that they are not convinced that a discrepancy exist. etition should

include recount in all polling places and not separately.

Roel "o9 (.! Coelec' Crlo. Bli)o 5r! &? SCRA 0 - F'esults of the 7lectionsG 9efined 8

the phrase Fresults of the electionG is not statutorily defined. Dowever2 as explained in ;ucero v.

"omelec it means Fthe net result of the election the rest of the precincts in a given constituency2 such thatif the margin of a leading candidate over that of his closest rival in the latter precincts is less than the total

number of votes in the precinct where there was failure of election2 than such failure would certainly

affect Fthe results of the elections.G

Although the ;ucero case involves failure of election2 the definition of Fresults of electionG applies to the

disposition of contested election returns under &ection #@i* of 'A $3((. +n both situations2 the law

endeavors to determine the will of the people in an expeditious manner in that if the total number of votes

in the precinct where there is failure of election or in case of contested elections returns2 is less than the

lead of a candidate over his closest rival2 the results would not be adversely affected. 0therwise2 a specialelection must be held or an authori/ation of the "omelec is necessary after ruling on the objections

brought to it on appeal by the losing party in order to determine the will of the electorate.

roclamation made in violation of the rules is void ab initio as it would be based on an incomplete

canvass of votes. +t is well settled that an incomplete canvass of votes is illegal and cannot be the basis of

a subse1uent proclamation.

EFFECT OF ASSU"PTION OF OFFICE OF CAN8I8ATE ELECTWHEN PPC IS NOT

8EE"E8 TER"INATE88 A preproclamation controversy is no longer viable after the proclamation

of the winning candidates as the issues raised therein may be more closely examined and better resolved

in an 7. $RA 166' Sectio 16 $277!

Dowever2 this is only true where the proclamation is based on a complete canvass and on the

assumption that the proclamation is valid where a proclamation is null and void2 the proclamation is noproclamation at all and the proclaimed candidate


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%thto $thcopies* Any ) of the ( accredited major political parties in accordance with the

voluntary agreement of the parties.

ELECTION PROTEST

An 7 is a special statutory proceedings designed to contest the right of a person2 declared

elected to enter upon and hold office. +t is strictly a contest between the defeated and winning candidatesas to who actually obtained the majority of the legal votes and therefore2 is entitled to hold office.

NATURE OF PROCEE8ING +t is a formal judicial proceedings that goes into the correctness of the

counting and appreciation of ballots at the precinct level were the parties are allowed to present and

examine evidence in detail.

"rtie9 III (.! HRET 610 SCRA ?28 -he purpose of an election protest is to ascertain whether the

candidate proclaimed by the board of canvassers is the lawful choice of the people. =hat is sought is the

correction of the canvass of votes2 which was the basis of proclamation of the winning candidate.

7lection contests2 therefore2 involve the adjudication not only of private and pecuniary interests of rival

candidates2 but also of paramount public interest considering the need to dispel uncertainty over the real

choice of the electorate.

WHO CAN FILE8 can only be filed by a candidate who has duly filed a certificate of candidacy andhas been voted for.

PERIO8 TO FILE8 within 3@ days from proclamation

GROUN8S8 fraud2 votebuying2 terrorism2 presence of flying voters2 misreading and misappreciation of

the ballots2 disenfranchisement of voters2 other election irregularities.

KUO WARRANTO

A petition for Cuo =arranto refers to 1uestions of disloyalty or ineligibility of the winning. +t has theeffect of dis1ualifying a candidate to hold office to which he is elected. +ts primordial objective is to

prevent an elective official from assuming office grounded on ineligibility. $Sec! 2? OEC7

NATURE OF PROCEE8ING8 it is a proceeding to unseat the ineligible person from office2 but not to

install the protestant in his place.

WHO CAN FILE8 any voter.

PERIO8 TO FILE within 3@ days from proclamation

Re/


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Fappear to be authentic and duly accomplished on their faceG. -his principle does not apply in cases li,e

the one at bar where there is a prima facie showing that the return is not genuine2 several entries having

been omitted in the assailed return.

Copposition to the petition

within # hours from receipt of notice. +n the morning of May ##2 MB" issued a ruling excluding the 7'

on the ground of fraud2 material defect2 tampering and statistical improbability O on the same day

proclaimed Io. "ambe filed his written opposition to the exclusion 3:)%pm of May ## and received copy

of the ruling to exclude at :)%pm. 0n May #4 "ambe filed a notice of appeal with the MB" and an

appeal with the "omelec on May )@.

"omelec en banc upheld the ruling of the MB" hence2 "ambe went to the &". +&&67&: 3*

whether the "omelec en banc had jurisdiction over preproclamation controversies in the first instanceE #*

whether the proclamation of Io was valid and )* whether the comelec acted properly in sustaining theruling of the MB" which outrightly excluded the 1uestion 7'.

0n the first issue although not raised 8 &" had to rule since it is both constitutional and

jurisdictional. "omelec en banc has no jurisdiction in the first instance2 whether original or appellate2

over election cases2 preproc and incidents thereof2 0n the second issue the proclamation of the

candidate Io* was declared void because it was based on a canvass that outrightly excluded an 7'2

which as admitted by the parties2 would determine who between them would advance to the 4 thposition as

member of the &B. -he proclamation was done immediately after the MB" issued its ruling on thepetition for exclusion. -he action of the MB" constituted a deprivation of the right to appeal the ruling to

the "omelec2 violating &ection #@ i* of 'A $3(( the B0" shall not proclaim any candidate as winner

unless authori/ed by the "omelec after the latter has ruled on the objections brought to it on appeal by the

losing party. Any proclamation made in violation hereof shall be void ab initio2 unless the contested

returns will not adversely affect the results of the election.

5URSI8CITON OVER ELECTION PROTESTS AN8 KUO WARRANTO

3* SUPRE"E COURT8 sitting en banc as residential 7lectoral -ribunal as sole judge of all contests

relating to the election2 returns and 1ualification of res. and V. rotest to be filed )@ days fromproclamation. !ot subject to judicial review 34$ "onstitution*

#* SENATE ELECTORAL TRIBUNAL8 for members of senate as sole judge over all contest

relating to the election2 returns and 1ualifications of its own members. 5iled within 3% days from date of

proclamation. !ot subject to judicial review except on grave abuse of discretion amounting to lac, or

excess of jurisdiction. 34$ "onstitution*

)* HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL8 for members of D' to be filed

within 3@ days from proclamation.

"omposition 7ach electoral tribunal shall be composed of none members2 three of whom shall be

justices of the &" to be designated by the "J and the remaining ( members of the senate or D'2 as the

case may be2 who shall be chosen on the basis of their proportional representation from the political

parties and the parties or organi/ations registered under the party list system2. &enior justice shall bechairman Art! VI' Sec! 1' 1&% Co.tittio7.

* CO"ELEC8 for regional2 provincial and city officials filed in 3@ days. &ubject to judicial review

within )@ days from date of receipt of decision by aggrieved party.

Article I>-C' Sectio 2$27 1&% Co.tittio' "omelec shall 7xercise exclusive jurisdiction over

all contests relating to the elections2 returns and 1ualifications of all elective2 regional2 provincial and city

#


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officials2 and appellate jurisdiction over all contests involving municipal officials decided by trial courts

of general jurisdiction2 or involving elective barangay officials decided by courts of limited jurisdictions.

9ecisions2 final order2 or rulings of the "ommission2 on election contests involving elective municipal

and barangay offices shall be final2 executor and not appealable.G

Rel/*o. (! C


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-he "omelec en banc ruled that the motion for reconsideration was proforma on the ground that

the motion was a mere rehash of petitioners averments contained in his Verified Answer and

Memorandum2 neither were new matters raised that would sufficiently warrant a reversal of the assailed

resolution of the &econd 9ivision.

-he &" ruled however that the mere reiteration in a motion for reconsideration of the issues

raised by the parties and passed upon by the court does not ma,e a motion proformaE ot,er3i.e' t,eo(t. ree) 3ol) ot


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#* Jurisdiction Allegations 8 3* protestant was a candidate who had duly filed a "0" and had been

voted for the same office #* that the protestee has been proclaimed )* that the petition was filed

within 3@ days after proclamation * that fraud and election irregularities vitiated the conduct of

the elections and affected the legality thereof.

Lore9o (! Coelec 1% SCRA %2 &" stressed that election contest must be liberally construed.&imilar pronouncements was made in &a1uilayan vs. "omelec 3( &"'A (%4

"e)o9 (! L:i Sr!' 06 SCRA 1?68 it was ruled that the pendency of an election contest is not

enough basis to enjoin him from discharging his functions or from assuming office.

"i*el (! Coelec ? SCRA 122 the &" ruled that it is the ministerial duty of the trail court to order

the opening of the ballot boxes2 examination and counting of ballots deposited thereunder whenever there

is averment in an election protest that re1uires the examination2 scrutiny or counting of ballots as

evidence. -he purpose of opening the BB is to determine2 with the minimum amount of protracted delay2

the truthfulness of the allegations of fraud and anomalies in the conduct of electoral exercise.

CERTIFICATE OF FORU" SHOPPING

-he &" in Lool (! CA 2? SCRA $1&&?7 ) Loro* (! 8


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the case may be 8 not to the presiding "ommissioner. A writ of execution pending resolution of the M'

of a decision of the division is not granted as a matter of right such that its issuance becomes a ministerial

duty that may be dispensed even just by the residing "ommission.

"ll (! Coelec 2? SCRA &2 this was the first case where a judge2 acting without a precedent2granted the motion for execution of its decision in an election protest case2 pending appeal. +t was ruled

that &ec. # 'ule ) of the 'ules of "ourt which allowed the '-" to order execution pending appeal upongood reasons stated in a special order2 may be made to apply by analogy or suppletorily to election

contest decided by it. -he posting of the supersedeas bond was considered good reasons by the judge.

Gtierre9 (! Coelec 20 SCRA 1&2 the "ourt settled that &ec. # of rule ) of the 'ules of "ourt can

be applied pursuant to 'ule 3 of the "omelec 'ules of rocedure in election contests decided by "ourts.

-he rationale given was that the B0" are composed of persons who are less technically prepared to ma,e

an accurate appreciation of the ballots2 apart from their being more opt to yield to extraneous

considerations2 and that the board must have to act summarily2 practically racing against time2 while on

the other hand2 the judge has the benefit of all the evidence the parties can offer and admittedly2 better

technical preparation and bac,ground.

Cli (! Coelec 21 SCRA2 executions pending appeal must be strictly construed against themovant as it is an exception to the general rule on execution of judgments.

R. (! Coelec 2%6 SCRA 1%&2 the "ourt enumerated what may constitute Fgood reasons< for

execution pending appeal

-he public interest involved or the will of the electorate

-he shortness of the remaining period of the term of the contested office

-he length of time that the election contest has been pending.

-he filing of a bond alone does not constitute good reasons. !evertheless2 the trial court may

re1uire the filing of a bond as condition for the issuance of the corresponding writ of execution to

answer for the payment of damages which the aggrieved party may suffer by reason of the execution

pending appeal.

Fer)o U! Btl (! Lcilo Bro' et! l! 2 SCRA 262 execution pending appeal in the discretion

of the courts applies suppletorily in election cases including those involving city and provincial officials

to obviate a hollow victory for the duly elected candidate as determined either by the "ourt or by

"omelec. +n this case 2 the "omelec resolution granting execution pending appeal by virtue of its

original exclusive jurisdiction over all contest relating to the 72 ' and C of provincial and city officials*

was raised before the &" arguing that Sec! 2 Rle &cannot be applied and the only ground that will

validly sustain execution of a decision by a "omelec division pending reconsideration is when the M' is

not pro forma.

"ase of 'amas did not declare that such remedy is exclusive only to election contests involving

elective municipal and barangay officials. Sec! 1 o+ Rle 1 o+ t,e Coelec Rle. o+ Proce)re

expressly provides that pertinent provisions of the 'ules of "ourt shall be applicable by analogy or in a

suppletory character.

N(ro. (! Coelec 11 SCRA2 the '-" in an election protest case granted execution pending appeal

by 7sto after finding that 7sto won in the said election. +n the same order the judge allowed protestee

!avaro/a to stay the execution of the decision pending appeal by filing a supersedeas bond in double the

amount posted by the protestant.. A etition for "eriorari was filed by 7sto with the "omelec where the

"omelec #nddivision affirmed the trial court


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supersedeas bond. -he issue before the trial court where a motion for execution pending appeal is filed is

to determine whether or not there are Fgood reasonsG to justify the immediate execution pending appeal.

-he issue is not whether there are good reasons to stay the immediate execution of the decision pending

appeal.

LI" VS! CO"ELEC ET! AL! G!R! NO! 11&?2 "rc, 0%' 200 Torre. (.! A


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)rdhighest number of votes may contest the election of the and V2 as the case may be2 by filing a

verified petition with the "ler, of the 7- within )@ days after the proclamation of the winner.

-he "ourt made reference in its ruling in Vda de Mesa v. Mencias where it rejected substitution

by the widow or the heirs in election contest where the protestant dies during the pendency of the proteston the grounds that the heirs are not real parties in interest and that a public office is personal to the public

officer and not a property transmissible to the heirs upon death. -he "ourt pursuant to 'ule )2 &ection 3%of the rules of "ourt2 however2 allowed substitution and intervention upon the death of the protestee but

by a real party in interest2 one who would be benefited or injured by the judgment and entitled to avail of

the suit. +n the Mencias and ;umogdnag v. Javier cases2 the "ourt permitted substitution by the VM since

the VM is the real party in interest considering that if the protest succeeds and the protestee is unseated2

the VM succeeds to the office of the mayor that becomes vacant if the one duly elected cannot assume

office.

+t further held2 that nobility of intentions is not the point in reference in determining whether a

person may intervene in an election protest case.

PROSECUTION OF ELECTION CASES

Article I>-C Sectio 2$67of the "onstitution vests in the "omelec the power and function to investigate

and where appropriate2 prosecute cases of violations of election laws2 including acts or omissions

constituting election frauds2 offenses and malpractices. -his prosecutorial power of the "omelec is

reflected in &ection #(% of B 443. +t is well settled that the finding of probable cause in the prosecution

of election offenses rests in the "omelec


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b* +f the preliminary investigation of the complaint for an election offence is conducted by the "omelec2

the investigation officer prepares its recommendation to the ;aw 9epartment which department in turn

ma,es its recommendation to the "omelec en banc on whether there is probable cause to prosecute! It i.

t,e Coelec e

appeal from the orders of dismissal of the '-". +t was held that the authority belongs to the "omelec andnot the prosecutor as the latter derive its authority from the "omelec and not from their offices. ropriety

dictates2 that if the prosecutor believes2 after the conduct of the +2 that no probably cause warrants the

prosecution of the accused who have allegedly violated &ec. #$ of 'A ((( tampering of certificate of

canvass*2 the matter would have been discussed with the "omelec and if the latter disagrees2 see,

permission to withdraw from the case.

8io (.! Oli(re. 60 SCRA 2?1 $8ec' ' 200&7! -he &" held that being mere deputies or agents of the

"omelec with continuing authority*2 provincial or city prosecutors deputi/ed by it are expected to act in

accord with and !0- contrary to or in derogation of its resolutions2 directives or orders in relation to

election cases that such prosecutors are deputi/ed to investigate and prosecute. -hey must proceed withinthe lawful scope of their delegated authority.

&uch authority may be revo,ed or withdrawn anytime by the "omelec2 either expressly or impliedly2

when in its judgment such revocation or withdrawal is necessary to protect the integrity of the process to

promote the common good2 or where it believes that successful prosecution of the case can be done by the

"omelec.

=hen the "omelec en banc directed the "ity rosecutor of arana1ue to transmit the entire records of the

election offense case2 it had the effect of &6&7!9+!I -D7 A6-D0'+-? of the "ity rosecutor.

Dence2 the filing of the amended information and the amended information themselves2 is declared void

and of no effect.

ilo.


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.erc,i* ) *t,eri* o+ /roo+ i .//ort o+ t,e lle*e) coi..io o+ electio o++e.e! T,e

co/lit .till ,. t,e

election pre-bar

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